Which federal law must mortgage licensees comply with when delivering electronic records and signatures?

Prepare for the West Virginia Mortgage Loan Originator (MLO) Test. Study using flashcards and multiple choice questions, each with detailed explanations. Boost your confidence and get ready to succeed on exam day!

The E-Sign Act, formally known as the Electronic Signatures in Global and National Commerce Act, is the correct law that mortgage licensees must comply with when delivering electronic records and signatures. This law was enacted to facilitate the use of electronic records and signatures in commercial transactions, ensuring that they have the same legal standing as their traditional paper counterparts.

Under the E-Sign Act, consumers must be given certain disclosures about their rights, and they must consent to receiving documents electronically. It also mandates that if a consumer requests paper copies after agreeing to electronic communications, those requests must be honored. This law is especially relevant for mortgage transactions, as they often involve numerous disclosures and documents that need to be presented in a legally compliant manner.

The other laws mentioned do not specifically govern electronic signatures and records in the context of mortgage transactions. While the Electronic Records Privacy Act offers privacy protections for electronic communications, it is not focused on electronic signatures. The Digital Communication Act and the Electronic Transmission Act do not have established relevance in the context of electronic signatures or records in financial dealings. Thus, the E-Sign Act is the pivotal legislation ensuring the legality and security of electronic signatures and records in the mortgage industry.

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