When can electronic signatures and documents be used in a mortgage loan transaction in West Virginia?

In the context of mortgage loan transactions in West Virginia, the use of electronic signatures and documents is permissible when the borrower gives clear consent to use electronic records and signatures. This requirement is rooted in both state and federal law, which acknowledges the validity of electronic signatures as long as there is mutual agreement among the parties involved. Ensuring that the borrower explicitly consents is crucial for compliance with the Electronic Signatures in Global and National Commerce (ESIGN) Act and the Uniform Electronic Transactions Act (UETA). These laws establish that electronic signatures are legally binding, provided that all parties agree to engage in transactions electronically.

While lender approval, the dollar amount of the transaction, and written agreements from all parties may be relevant factors in other contexts, they do not outweigh the critical need for borrower consent when it specifically comes to the use of electronic signatures and documents. Therefore, the requirement of obtaining the borrower's consent is fundamental to the legitimacy and enforceability of electronic transactions in the mortgage loan process.