eNote Correction: When a New Note Is Needed
Fannie Mae’s eNote correction rules determine when a new note is needed, who must sign and how acquisition changes the required process.
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Before consenting to an eClosing, check paper copies, fees, withdrawal rules and portal access so you can save and retrieve your mortgage documents.
Before consenting to an eClosing, confirm how to request paper copies, whether fees apply and how you will keep the final documents. Under E-SIGN, the federal electronic-signature law, consent disclosures must explain paper-copy options and withdrawal procedures. Copies are not necessarily free, and withdrawal does not undo records properly delivered before it takes effect. 15 U.S.C. § 7001(c)
For a U.S. mortgage closing, start with the lender’s electronic-delivery notice and the device you expect to use. Check both the delivery terms and your ability to keep readable copies outside the portal.
E-SIGN’s consumer-consent rules address electronic delivery of information that the law requires to be provided to a consumer in writing. Regulation X permits its required disclosures to be delivered electronically subject to E-SIGN compliance; other disclosure requirements still apply. Regulation X, § 1024.3
Before agreeing, find these items in the consent notice. The lender must explain them clearly and conspicuously. FDIC’s E-SIGN examination guidance
| Item | What the notice must explain | What to confirm for your closing |
|---|---|---|
| Paper options | Any right or option to receive records on paper or in another nonelectronic form | How to arrange the available alternative |
| Scope | Whether consent covers one transaction or identified categories of records | Whether later servicing communications are included |
| Copy requests | How to request a paper copy after consenting and whether a fee applies | Who handles requests, the price and expected delivery time |
| Withdrawal | The procedure and any conditions, consequences or fees | Where to send the request and what happens next |
| Contact changes | How to update electronic contact information | How to report a new email address |
Save the notice itself. If the lender and settlement company present separate notices, check each notice’s scope and contact procedure. Ask the loan team to identify any documents handled outside the portal. Our coverage of electronic mortgage workflows provides broader context.
E-SIGN requires disclosure of whether a paper-copy fee will be charged; it does not promise that every requested copy is free. Check the notice before ordering. E-SIGN, § 7001(c)(1)(B)
A disclosed fee does not override other protections. For example, Regulation Z prohibits a creditor or servicer from charging for preparing or delivering the required Closing Disclosure. Ask the lender to distinguish that required delivery from any charge for an additional copy request. Regulation Z, § 1026.19(f)(5)
Confirm whether the quoted amount covers the complete package, printing and mailing, and whether faster delivery changes the cost. If you are requesting only a paper set, say so and ask whether the request changes future electronic delivery.
The provider must disclose hardware and software requirements for accessing and retaining records. You must consent or confirm consent electronically in a way that reasonably demonstrates access to the electronic format the provider will use. FDIC’s E-SIGN guidance
Check the listed browser, document reader and other requirements against your device. Complete the provider’s access demonstration, then test your own retention process: open a sample in the intended format, download it, sign out and reopen the saved file. If you intend to print, check that all pages print legibly. Report any failure before confirming that the format works.
Later technology changes can trigger renewed protections. If changed requirements create a material risk that you cannot access or retain subsequent records, the provider must disclose the new requirements, repeat the access and consent steps, and allow withdrawal without a withdrawal fee. Previously disclosed non-fee consequences may still apply. E-SIGN, § 7001(c)(1)(D)
Before consenting, read the disclosed conditions, consequences and fees for withdrawal. E-SIGN contemplates consequences that may include termination of the parties’ relationship, so ask the lender what its notice means for your closing. E-SIGN, § 7001(c)(1)(B)
If you decide to withdraw consent, send the request through the specified channel and keep evidence of receipt. Ask for the effective date and future delivery method. Withdrawal must take effect within a reasonable period after the provider receives it; E-SIGN does not set one universal number of days. E-SIGN, § 7001(c)(4)
Withdrawing delivery consent is not a loan-cancellation procedure. The statute preserves the legal effect of electronic records properly provided before withdrawal is implemented. If you intend to cancel or challenge a signed obligation, consult a qualified attorney about the separate rights and deadlines that may apply.
Ask the lender or settlement team to confirm the retrieval plan in writing:
Keep the contact name and request method outside the portal so you can use them if access ends.
E-SIGN’s retention provisions tie accessibility to applicable legal requirements; they do not specify a universal lifetime for a borrower’s portal account. Confirm the provider’s access terms and keep your own usable copies. E-SIGN, § 7001(d)
Request the entire final package, including completed signature pages and attachments where applicable. Keep it separate from unsigned review drafts.
The CFPB’s document guidance, reviewed April 3, 2024, identifies the Closing Disclosure, promissory note, mortgage or security instrument, initial escrow statement and applicable lender and government documents. Use those categories to check your package with the closing team. CFPB closing-document guidance
For your personal archive, check off:
Ask the settlement team whether a recorded deed, recorded security instrument or final title policy remains to be delivered. Add those items to a follow-up list with the contact responsible for supplying them.
For the separate question of what constitutes an electronic note, see an eNote versus a scanned note. Broader preparation steps are in our homebuying and closing guides.
Before treating your archive as complete, open each download and check the borrower names, property, page sequence and completed signatures. Keep a second protected backup. Leave any missing or unreadable item on your follow-up list until you receive a usable copy.
No. E-SIGN requires disclosure of whether requested paper copies carry a fee. Separate protections still apply: creditors and servicers cannot charge for preparing or delivering the required Closing Disclosure. E-SIGN, Regulation Z
E-SIGN treats paper-copy requests and consent withdrawal as separate matters. Specify that you want a copy and ask the provider to confirm how it will handle the request under its disclosed process. E-SIGN’s consent provisions
No. Withdrawal alone does not cancel the mortgage. E-SIGN preserves the legal effect of electronic records properly provided before withdrawal is implemented; any separate cancellation right requires its own analysis. E-SIGN’s prospective-effect provision
Check the provider’s disclosed hardware and software requirements for accessing and retaining documents. Your electronic consent or confirmation must reasonably demonstrate access to the format being used. Also test that you can save and reopen files yourself. FDIC E-SIGN guidance
Request the complete final package, including signed copies of the note and security instrument, the final Closing Disclosure if applicable to your loan, and applicable escrow documents. Confirm with the closing team which alternative disclosures your loan requires. Save your consent notice and correspondence too, and ask the closing team to identify anything still outstanding. CFPB document guidance
Confirm the access period with your lender or settlement provider; E-SIGN does not establish a universal portal expiration date. Download your completed package and record whom to contact for replacements before access ends. E-SIGN’s record-retention provisions
Written by
The Housing Current Editorial Team
Editorial Team
Reporting, analysis, and practical explainers across housing markets, mortgage finance, real estate business, investing, policy, and homebuilding.
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