source:
  type: guide
  id: fnma-sel-a2-4.1-03
  authority: Fannie Mae Selling Guide A2-4.1-03 — Electronic Records, Signatures,
    and Transactions
  description: Fannie Mae Selling Guide A2-4.1-03 — Electronic Records, Signatures,
    and Transactions.
  coverage_tier: operative
obligations:
- id: fnma-sel-a2-4.1-03-full
  canonical_id: fnma-sel-a2-4.1-03-full
  section: Fannie Mae Selling Guide A2-4.1-03 — Electronic Records, Signatures, and
    Transactions
  type: do
  tags:
  - regulator-direct
  - fnma
  - selling-guide
  - corpus-expansion
  - tier-operative
  primary_source:
    tier: 1
    authority: Fannie Mae Selling Guide A2-4.1-03 — Electronic Records, Signatures,
      and Transactions
    source_class: fnma-guide
    source_url: https://singlefamily.fanniemae.com/media/document/pdf/selling-guide
    snapshot_id: 5f7b8b79da595d76
    fetched_at: '2026-05-25T14:09:57Z'
    content_hash: sha256:98cf85a02861bbe84914a0e339b327c8fc131869a8a573882007bbeea60c5701
    paragraph_quote: 'A2-4.1-03, Electronic Records, Signatures, and Transactions
      (05/06/2026) Introduction This topic contains information on electronic records,
      including: Electronic Records Electronic Signatures Electronic Notarizations
      Remote Online Notarizations Electronic Transactions with Fannie Mae Electronic
      Transactions with Third Parties Electronic Records All documents used to originate,
      service or modify a loan, may be generated, signed, processed, stored or transmitted
      electronically, provided they are capable of reproduction in paper format except:
      the promissory note and any related addenda (unless the seller has received
      special approval to deliver electronic notes (eNotes)); any unrecorded ink-signed
      originals of documents that modify or supplement the security instrument; and
      assignments for MERS-registered loans when MERS is not named as nominee. The
      following table describes Fannie Mae’s requirements for electronic records.
      An electronic record is a contract or other record that is created, generated,
      sent, communicated, received, or stored by electronic means. A record is information
      that is inscribed on a tangible medium or that is stored in an electronic or
      other medium and is retrievable in perceivable form. Published May 6, 2026 72
      GENERAL REQUIREMENTS FOR ELECTRONIC RECORDS Topic Description Permitted format,
      transmission method and storage protocol • Any appropriate electronic format
      or transmission method for an electronic record other than audio or video recording
      may be used (except to the extent permitted in connection with electronic notarizations,
      remote online notarizations, and audio- visual aided remote ink-signed notarizations
      (RIN)). See A2-4.1-04, Notarization Standards for additional information. •
      Sellers and servicers may use any technology other than audio or video recording
      for storing electronic records, as long as the electronic records are securely
      stored and remain accessible by all persons entitled to access them for as long
      as access is required. • Any loan ﬁle composed of electronic records must be
      clearly identiﬁed by logical association with Fannie Mae’s loan number. • If
      a seller/servicer chooses to store permitted documents in a format other than
      paper, it must provide any prospective transferee servicer with information
      about the methods it uses for document and records storage. If the transferee
      servicer uses a diﬀerent storage method, the transferor servicer must work with
      the transferee servicer to convert the documents and records to a format that
      is compatible with the transferee servicer’s storage methods. Compliance with
      ESIGN, UETA, and applicable laws All electronic records and systems used to
      generate, process, store or transmit electronic records must comply with • the
      federal Electronic Signatures in Global and National Commerce Act (ESIGN); •
      the Uniform Electronic Transactions Act (UETA) adopted by the state in which
      the subject property is located; if applicable, and • all other applicable federal
      and state laws. Published May 6, 2026 73 GENERAL REQUIREMENTS FOR ELECTRONIC
      RECORDS Topic Description Enforceability and Accuracy All electronic records
      must be valid and enforceable and accurately reﬂect all information and formatting
      (where the formatting is prescribed by law or material to interpretation of
      the record) that was in the record as it was presented to intended beneﬁciaries
      and signers. System Requirements All systems generating or storing electronic
      records must: • generate or maintain them as valid and enforceable records,
      • be suﬃciently secure to preserve the integrity and authenticity of the records,
      and • protect against loss of unauthorized access to records. See below for
      additional system requirements that apply to remote online notarizations. Published
      May 6, 2026 74 GENERAL REQUIREMENTS FOR ELECTRONIC RECORDS Topic Description
      Conversion of documents Sellers/servicers may convert a paper document to an
      electronic record for storage purposes if it is not one of the documents required
      to be maintained in its original paper form. Sellers/servicers may destroy the
      paper document. Similarly, a seller/servicer may convert an electronic record
      to a paper document for storage purposes or to provide loan modiﬁcations to
      document custodians that are not electronically enabled. • When documents are
      converted to an alternative format, the legibility and integrity of the information
      and formatting, including indications of alterations (such as erasures and white-outs),
      in the original document must be preserved. • If servicing of a loan is transferred,
      the servicer must securely transfer all relevant electronic records to the new
      servicer, along with all information verifying the authenticity, validity and
      enforceability of the records and any associated signatures. • Sellers/servicers
      must retain documentation that explains the process used to convert paper-based
      records to electronic formats and specify the date of conversion, method of
      conversion, and disposition of the original paper records. For purposes of the
      preceding table, “electronic records” do not include eNotes, and paper notes
      may not be converted into eNotes. See B8-8-02, Requirements for Creating, Closing,
      and Correcting eNotes for additional information regarding electronic records.
      Electronic Signatures Sellers/servicers may use any form of electronic signature
      on an electronic record that is valid under applicable law (except that audio
      and video recordings cannot be used as the electronic signature), as long as
      the signature is attached to or logically associated with the record intended
      to be signed. From time to time, Fannie Mae may require a seller/servicer to
      use a speciﬁc signature format for a particular electronic record or type of
      record. The following table describes Fannie Mae’s requirements for electronic
      signatures. Published May 6, 2026 75 ELECTRONIC SIGNATURE REQUIREMENTS Topic
      Description Compliance with ESIGN, UETA, and applicable laws All electronic
      signatures, electronic signature systems, and software must comply with, and
      be enforceable under • ESIGN and UETA adopted by the state in which the signature
      is applied, and • all other applicable federal and state laws. Attribution and
      Evidence All electronic signatures must be attributable to an identiﬁed signer.
      When a record is electronically signed, the seller/servicer must retain, for
      each electronic signature, evidence of the following: • the authenticated identity
      of the signer and, if applicable, related entity; • attribution of the signature
      to the purported signer; • the signer’s express or implied agreement to use
      an electronic signature; • date of the signature; and • the method (and, if
      applicable, eSign vendor) by which the signature was made. For electronically-signed
      records for loans purchased or securitized by Fannie Mae, this evidence and
      documentation must be suﬃcient to enable Fannie Mae to conduct a thorough quality
      control review of the loan. For example, the evidence of the borrower’s signature
      with respect to a veriﬁcation of employment must allow Fannie Mae the ability
      to request and receive a reveriﬁcation of the information from the borrower’s
      employer. See B8-8-01, General Information on eMortgages for information about
      electronic signature requirements for eMortgage transactions. Electronic Notarizations
      Fannie Mae accepts delivery and servicing of loans with electronic documents,
      including security instruments or Published May 6, 2026 76 mortgage loan modiﬁcation
      agreements that have been electronically notarized, either in person or remotely
      using real-time, two-way audio/video communication. Electronic notarizations
      (including remote online notarizations) may be used with eMortgage transactions
      as long as the notarization is performed in accordance with and is legally valid
      under the laws and regulations of the state in which the notarization is performed
      at the time it was performed; and in compliance with the Uniform Electronic
      Transactions Act, as adopted in such state, and the Electronic Signatures in
      Global and National Commerce Act. A lender may not require a borrower to use
      remote notarization and must have other notary options available for borrowers
      upon request. Remote Online Notarizations A remote online notarization (RON)
      is an electronic notarization in which the person whose signature is being notarized
      and the notary are in diﬀerent physical locations and communicate using real-time,
      two-way audio- visual technology, the signatures are provided electronically,
      and the notarial seal is applied electronically. In addition to the above requirements,
      the following requirements apply to RON: ✓ Requirements The system used to perform
      RON must meet the following minimum standards: • Support at least one of the
      following methods for conﬁrming the borrower''s identity, allowing the notary
      to perform its legal duty: ⚬ Identiﬁcation through non-technical means, as permitted
      by applicable laws, rules and regulations (for example, the notary''s personal
      knowledge of the borrower or a credible witness as identiﬁed through technical
      means described below) ⚬ Identiﬁcation through technical means, which must include:
      ▪ Identity validation: the capture of one or more images of the borrower''s
      government- issued identiﬁcation credential and a validation of the authenticity
      of the credential; and ▪ Identity veriﬁcation: a process to verify that the
      borrower matches the validated identity (for example, knowledge-based authentication).
      • Compliance with the MISMO RON Standards Version 2.0, except for the requirements
      in the Identiﬁcation & Authentication section*. *Note: For this requirement,
      compliance must be with the MISMO RON Standards Version 2.0 (Draft) published
      for public comment in July 2025, as subsequently amended, and until the ﬁnal
      MISMO RON Standards Version 2.0 are published. Upon publication of the ﬁnal
      standards, the system used to perform RON must comply with the ﬁnal standards
      in their entirety, including any revisions or renumbered sections that amend
      or supersede the draft requirements. The identiﬁcation and authentication requirements
      in the ﬁnal MISMO RON Standards Version 2.0 will supersede the identiﬁcation
      requirements in this section. Published May 6, 2026 77 ✓ Requirements The lender
      must store the tamper-sealed audit trail produced by the RON system until such
      time that it can provide the audit trail to the servicer for inclusion in the
      individual mortgage loan ﬁle. The notary public must be licensed and physically
      located in the state in which the notarial act is performed and, where required
      by law or regulation, is speciﬁcally licensed to perform electronic notarizations.
      If the loan document is required to be recorded, then the county recorder in
      the state and county where the property is located must accept the remotely
      notarized document for recording. If the remotely notarized document is a security
      instrument or amendment to the security instrument, the loan must be delivered
      with the Remote Notarization Indicator ﬂag. If the remotely notarized document
      is a security instrument or an amendment to a security instrument, the RON must
      comply with the title requirements in B7-2-04, Special Title Insurance Coverage
      Considerations and the title insurance company may not take any exception with
      respect to any element of the loan being remotely notarized. The mortgage loan
      is not a Texas Section 50(a)(6) loan. All selling representations and warranties
      continue to apply, including those related to clear title and ﬁrst lien enforceability;
      compliance with laws and responsible lending practices, and requirements regarding
      title insurance, including the requirements in B7-2-04, Special Title Insurance
      Coverage Considerations. In addition to the above requirements, the subject
      property must be in a state in the following table: LIST OF STATES Alabama Florida
      Maine New Hampshire Pennsylvania Washington Alaska Hawaii Maryland New Jersey
      Rhode Island West Virginia Arizona Idaho Massachusetts New Mexico South Carolina
      Wisconsin Published May 6, 2026 78 LIST OF STATES Arkansas Illinois Michigan
      New York South Dakota Wyoming *California Indiana Minnesota North Carolina Tennessee
      Colorado Iowa Missouri North Dakota Texas Connecticut Kansas Montana Ohio Utah
      Delaware Kentucky Nebraska Oklahoma Vermont District of Columbia Louisiana Nevada
      Oregon Virginia *For a subject property located in California, a remote online
      notarization may be taken by a notary outside of the State of California in
      accordance with the laws of the state in which the notarial act was performed.
      However, a California notary may take a remote online notarization for a subject
      property located in California only upon and after the trigger provision of
      the law that permits the use of remote online notarization by California notaries
      is activated, and only in compliance with that law. If the subject property
      is not in a state listed above, loan documents notarized using remote online
      notarization will be permitted if the state adopts a law that expressly permits
      the use of remote online notarization, or accepts (either through state law
      or through the application of an express federal law) remote online notarizations
      performed out-of-state in accordance with the laws of the state in which the
      notarial act is performed. Electronic Transactions with Fannie Mae Electronic
      records may be delivered and electronic signatures may be provided by the seller,
      servicer, or Fannie Mae (or by a third party, when one is involved) as part
      of a transaction between them. Every seller/servicer consents to the use of
      electronic records and signatures in its transactions with Fannie Mae and intends
      to be bound by the electronic signatures of its representatives as if they were
      ink signatures on paper. The following table describes Fannie Mae’s requirements
      for electronic transactions with Fannie Mae. Published May 6, 2026 79 REQUIREMENTS
      FOR ELECTRONIC TRANSACTIONS WITH FANNIE MAE Topic Description Transaction-speciﬁc
      Requirements If Fannie Mae requires the seller/servicer to conduct one or more
      electronic transactions, or a particular kind of transaction, in a particular
      way (e.g., speciﬁc format, signature process or method of delivery), the seller/servicer
      must conduct the transaction(s) accordingly. However, the seller/servicer is
      bound by the electronic transaction(s) even if not conducted in an authorized
      manner. Responsibilities of Sellers/Servicers • The seller/servicer is responsible
      for all Fannie Mae Losses resulting from its failure or the failure of its technology
      provider to comply with the requirements of this Guide in generating, signing,
      processing, storing or transmitting electronic records and electronic signatures.
      • Fannie Mae is authorized to rely conclusively on the accuracy, authenticity,
      integrity, and validity of electronic records and electronic signatures the
      seller/servicer transmits to Fannie Mae. Time of Receipt • Unless Fannie Mae
      speciﬁes otherwise, the rules in Section 15 of UETA will determine whether an
      electronic record has been sent and received. However, an electronic record
      will not be considered to have been received by Fannie Mae until it is able
      to access it during its regular business hours. • Fannie Mae will not be responsible
      for the failure of an electronic record to be timely or accurately transmitted
      due to any event beyond Fannie Mae’s control or any event that could not be
      reasonably foreseen at the time of the transmission. Electronic Transactions
      with Third Parties When a seller/servicer electronically engages in a mortgage
      transaction with a borrower, the seller and the servicer must fulﬁll all requirements
      of Section 101(c) of ESIGN to create a binding electronic record or a binding
      electronic signature with a consumer. Each seller/servicer must retain evidence
      of its compliance with this requirement. Published May 6, 2026 80 Under no circumstances
      may a borrower be required to use electronic records and electronic signatures.
      For a borrower who chooses not to use electronic records and electronic signatures,
      the seller/servicer must continue to provide and accept all such documents on
      paper. When the servicer issues any disclosure electronically, the individual
      mortgage loan ﬁle also must include evidence of: any required disclosures made
      before obtaining the borrower’s consent, the borrower’s consent to receiving
      subsequent disclosure electronically, and evidence of how the servicer “reasonably
      demonstrated” the borrower’s ability to receive the disclosures for which the
      consent was provided. The servicer must not electronically issue a notice of
      default, acceleration, repossession, foreclosure, eviction or the right to cure
      to a borrower. The seller/servicer is required to retain a copy of an electronically
      executed sales contract, if applicable. Recent Related Announcements The table
      below provides references to recently issued Announcements related to this topic.
      Announcements Issue Date Announcement SEL-2026-05 May 06, 2026 Announcement
      SEL-2025-05 July 02, 2025 Announcement SEL-2023-11 December 13, 2023 Announcement
      SEL-2022-08 September 07, 2022 Announcement SEL- 2022-04 May 04, 2022 Announcement
      SEL-2021-05 June 02, 2021 Announcement SEL-2020-06 October 07, 2020 Announcement
      SEL-2019-05 June 05, 2019 Announcement SEL-2019-04 May 01, 2019 Published May
      6, 2026 81'
  judgment: false
