New Rules of Default Servicing for Mortgages Secured By eNotes
Author: Adam M. Swanson.; Alexa Marie J. Derkasch.
Source: Volume 42, Number 10, October 2026 , pp.123-128(6)
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Abstract:
In the past two decades, eMortgages have moved from an emerging technology to an established component of the mortgage ecosystem. Despite their prevalence, judicial guidance and enforcement precedent remain limited for addressing electronic mortgage transactions. This article examines the legal framework governing eMortgages, including an analysis of recent judicial decisions demonstrating flaws in existing default servicing processes and procedures, and proposes practical measures for realizing the efficiency and certainty that the eMortgage regime provides if properly integrated throughout the entire mortgage ecosystem.Keywords: ICE Mortgage Technology; MERS® eRegistry; Foreclosure Under UETA and ESIGN; “Electronic” Transferable Records; Control of and Access to a Transferable Record; Good v. Wells Fargo; Bank of New York Mellon v. Carpenter
Affiliations:
1: McCarter & English LLP; 2: McCarter & English LLP.