A scanned mortgage note is not an eNote. The distinction is an electronic original vs. a digital copy of paper. An eNote is created, signed and maintained electronically through a process that establishes control; scanning a signed paper note does not create that electronic original. MERS explains the distinction and origination requirements.

The promissory note is your agreement to repay the loan. It states terms such as the amount borrowed, interest rate and payment schedule. The mortgage or deed of trust is a separate document securing the debt against the property. CFPB’s guide to closing forms explains their separate purposes. These documents can follow different signing procedures within the same closing, so having an eNote does not mean every document will be electronic.

What makes an eNote the authoritative original?

The legal term behind an eNote is transferable record. Under the federal ESIGN Act, the borrower must expressly agree that the electronic note is a transferable record. The system must reliably establish the person to whom it was issued or transferred.

The law describes safeguards for establishing control: a single authoritative copy must be identifiable, other copies must be distinguishable from it, and revisions must be identifiable as authorized or unauthorized. The authoritative copy is maintained by the person asserting control or a designated custodian. Subject to the law’s conditions, the person with control has rights comparable to those of the holder of an equivalent paper note. 15 U.S.C. §7021

“Authoritative” does not mean that no other copies exist. It identifies the record maintained as the original within that controlled system. A signature image or an emailed attachment cannot establish that status by itself.

In practice, Fannie Mae’s described workflow includes electronic signing, a tamper-evident seal, registration and delivery to an eVault. The seal helps reveal subsequent changes; the eVault holds the electronic document. Fannie Mae’s eMortgage FAQ, updated May 14, 2026, describes these steps.

What does MERS eRegistry record?

MERS eRegistry tracks information about the eNote. Two fields distinguish control from custody:

• Controller: the participant identified as having control of the eNote.
• Location: the participant maintaining its authoritative copy. This identifies a participant, rather than a street address or server location.

The registry also records identifying loan information and the eNote’s tamper-evident digital signature, which participants use to check document integrity. Transfer transactions record changes in control and custody. MERS’ procedures manual describes these functions.

MERS eRegistry does not store the eNote itself. The document resides in an eVault. Registration is one component of the broader process for establishing control; it does not replace properly creating and signing the note. MERS eRegistry FAQ

Can an electronic closing still require an in-person appointment?

Yes. The signing format and the appointment format are separate decisions. Freddie Mac distinguishes a hybrid eClosing, with some documents signed electronically and others in ink, from a full eClosing, with all documents signed electronically. Freddie Mac’s electronic loan documents FAQ

Freddie Mac’s implementation roadmap separates in-person electronic signing from remote signing. Before making travel or work arrangements, ask the lender and settlement agent which arrangement they can complete for your loan and property.

For loans delivered to Fannie Mae, acceptance of remotely notarized security instruments depends on applicable state law and additional requirements. Local recording capabilities also matter when planning a paperless transaction. Fannie Mae’s closing and notarization guidance explains these considerations.

Our mortgage technology explainers provide context for other digital steps in the lending process.

A household example: an eNote and a paper deed of trust

Suppose a couple electronically signs an eNote, but their closing arrangement requires them to sign the deed of trust on paper before an in-person notary. They have an eNote and a hybrid eClosing, even though they still attend an appointment. Freddie Mac expressly allows an eMortgage’s security instrument and other documents to remain on paper. Freddie Mac’s electronic mortgage fact sheet

Now change one assumption: the couple signs the promissory note in ink, and the settlement agent later scans it into their closing packet. They receive a digital copy, but the scan does not turn the paper note into an eNote. The appearance of their downloaded packet alone cannot tell them which process occurred.

What to confirm before signing

Ask the closing team which documents require ink, whether the note will be an eNote, and whether anyone must attend in person. For a remote appointment, confirm the identification and equipment requirements and the backup plan if the connection fails. Freddie Mac’s implementation roadmap calls for checking borrowers’ technology readiness and closing agents’ capabilities.

Compare any quoted notary, technology or copy charges when choosing between available arrangements. An electronic format alone is not a promise of lower borrower costs.

Which copies should borrowers keep?

Keep the complete final closing packet. The CFPB specifically recommends checking for four documents: the Closing Disclosure, promissory note, mortgage or deed of trust, and deed. Its guidance covers both paper packets and electronic files. CFPB: After closing

Ask for the final signed version of your note, including any attachments. Download the delivered files, check that they open and are complete, and keep a secure backup. A preview from before closing should not be your only copy.

Your borrower copy serves your records; downloading or printing it does not transfer control of the authoritative eNote to you. Our homebuying and closing guides cover the surrounding transaction steps. Before leaving the appointment or ending the online session, confirm who will supply any missing copies, including documents due after recording, and whom to contact afterward.