Electronic Signatures & Digital Mortgages - The Key Issues for Conveyancers

Introduction

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 guide to the key issues.

What You Will Learn

This live and interactive course 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 execution of deeds - particularly on Mercury signatures and electronic signatures
• Practicalities of such execution
• Amending a deed executed electronically
• Law Society Guidance, Law Commission Report and Government response on electronic signatures and their acceptability
• Artificial Intelligence - changing the face of conveyancing?
• Neocleous & Anor v Rees - 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

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.