Electronic Signatures & Digital Mortgages - A Roundup for Conveyancers

Introduction

This is a topic growing in importance and reflects the rapidly changing landscape in which conveyancers find themselves. Although urged forward by the Covid 19 Pandemic it is not a new idea - as long ago as 2017 the Land Registry first announced a ‘Digital Mortgage Service’, making a reality of ‘paperless mortgages’ which subsequently went live and the question of electronic signatures has been considered since the Land Registration Act 2002 and even before.

The Land Registry states 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’.”

The Law Society have also issued guides on ‘Electronic Signatures’ so as with every other part of modern life conveyancing is moving increasingly into the virtual world.

What You Will Learn

This webinar will cover the following:

• What is meant by a deed and execution generally - S.1 Law of Property (Miscellaneous Provisions) Act 1989
• Land Registry Practice Guide 82 on Electronic Signatures
• What is meant by an electronic signature and what they can be used for and the practicalities of such execution. The Mercury case, Witnessed Electronic Signatures renamed Conveyancer-certified Electronic Signatures, and Qualified Electronic Signatures
• Amending a deed executed electronically
• Law Society Guidance, Law Commission Report and Government response on electronic signatures and their acceptability
• Neocleous & Anor v Rees [2019] EWHC 2462 (Ch) E-mail footer counted as signature for property contract
• A look at the Land Registry Report which included paperless mortgages
• Illustrative 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
• 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
• Land Registry: ‘Safe Harbour Standard’ Conveyancing requirements to encourage digital ID checks

This webinar was recorded on 18th May 2022