Yes it still says in the FHA Handbook (4155.1 1.3e) “include in the loan file a certification stating that original documents were examined” and a lender should include a document that makes this certification. The guide also states that lenders may use fax documents as long as the fax header of the document supports an acceptable source. As we move faster and faster into using more electronic documents it is important to remember the difference between e-sign and e-disclosure. FHA will allow you to exchange documents with the borrower by a compliant e-disclosure method or portal. The borrower must acknowledge their willingness to receive the disclosures via email or website prior to sending the disclosures and the wording in the acknowledgment must include all the details as outlined in the law. If the company is using a vendor for disclosure delivery such as Mortgage Bot, you are in compliance. If you are just emailing documents from your own mailbox, it is probable that you have not met all of the e-disclosure requirements. Keep in mind this is not just an FHA issue, it is a federal law issue. On April 8, 2010 HUD issued Mortgagee Letter 10-14 stating that FHA would accept electronic signatures on third party documents effective immediately. HUD defines third party documents as “those that are originated and signed outside of the mortgagee’s control, such as a sales contract”. Acceptable documents must also comply with the Electronic Signatures in Global and National Commerce Act (ESIGN) and the Uniform Electronic Transactions Act (UETA). FHA Commissioner David Stevens indicated in an announcement made the same day that FHA would expand the use of electronic documents and signatures in the near future. Stay tuned for more details…