The legal foundation of eNotes


The origination volume of eNotes is steadily growing year over year as evidenced by the increase in registrations of eNotes on the MERS® eRegistry. Download our updated white paper by Margo Tank and David Whitaker, of DLA Piper, to learn more about the mortgage industry infrastructure supporting eNotes and what the courts have said about them, including:

  • The legal framework that establishes the validity of an eNote
  • The process for creating and transferring ownership of eNotes
  • Post-closing; the role of the document custodian for eNotes
  • Introduction of eNotes into evidence
  • The existing reported judicial decisions concerning eNotes
  • The legal foundations for converting eNotes into original paper promissory notes
  • 2022 amendments to the Uniform Commercial Code addressing emerging topics like home equity and commercial lines of credit

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