Electronic Signatures & Digital Mortgages - An Introduction for Conveyancers
This was a subject well under way which has been given a step up following the COVID-19 pandemic.
As long ago as 2017, the Land Registry first announced a digital mortgage service making a reality of ‘paperless mortgages’ which subsequently went live.
The Land Registry state that ‘a fully digitised service will make the registry’s role in developing, buying and selling land and property, and collateralising mortgages and loans ’almost totally frictionless’.’
Like it or not, as with every other part of modern life conveyancing is moving increasingly into the virtual world and this virtual classroom seminar will provide a comprehensive introduction to the issues.
What You Will Learn
This live and interactive session will cover the following:
- Amendments to Practice Guide 8 on execution of deeds - the new section 13
- Law Society and Land Registry Guidance on electronic signatures and their acceptability following the pandemic
- Law Commission Report on electronic signatures and Government response
- Neocleous & Anor v Rees - email footer counted as signature for property contract
- The Mercury case and Land Registry Guidance 4 May 2020
- 27 July 2020: HM Land Registry will accept ‘witnessed electronic signatures’
- A look at the Land Registry report which included paperless mortgages and cases on mortgage execution - or lack of it
- Digital mortgages and the lending market - the UK Finance Report and changes as a result
- Practice Guide 29 on execution of deeds and section 14 as to digital mortgages
- The practicalities of executing a document using an electronic signature
- What is meant by an ‘electronic signature’ and what can they be used for?
- Simple contracts, documents that by reason of a statutory obligation must be in writing or signed under hand
- Deeds, Companies Act 2006 incorporated companies, their minutes and resolutions
- Evidential value, combinations of signature methods, originals and counterparts
- Potential conflict of laws, companies providing electronic and digital platforms to lenders and others such as ‘DocuSign’.
- Section 91(5) of the Land Registration Act 2002 on electronic documents and the Land Registration (Electronic Conveyancing) Rules 2008
Recording of live sessions: Soon after the Learn Live session has taken place you will be able to go back and access the recording - should you wish to revisit the material discussed.