What are electronic signatures?
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Buddy Snipes
Group OrganizerJun 9, 2008 3:21:23 PM
When I first heard about electronic signatures, I assumed that I would scan my signature and then somehow place it on a document.
Let me disabuse you of that notion if it is yours also. Think of an electronic signature as a small piece of software that you merge with your electronic document and when you combine the two, the electronic signature does a couple of things. First, it locks the document so that it can never be altered again. Second, it conveys that you agree with the contents. Third, it times stamps the placement of the electronic signature.
The Electronic Signature Act of Congress July 2000 defines electronic signatures a bit more broadly, But erring on the side of caution, be sure to only use professional electronic signatures. I have heard that there were inspectors who used a scanned image of their signature. Subsequently, someone lifted that image off a document and began to use it on forged documents. As I understand it, the courts said that the electronic signature belongs to you and you had better protect it because where ever it appears, you are responsible. We now have a few less inspectors in the state.
The three I like:
United States Postal Service Electronic Signatures
- By far the most secure and most complicated to use. If you need to set up multiple signatures and make sure that you are protected by Federal law, this puppy is for you.
Adobe Acrobat
- Several full versions of Adobe allow you to create your own signatures. I use this more often than anything else. The draw back is two fold: Adobe is expenseive and you can only do your own signature.
DocuSign.com
- Monthly fee. Great product. You can set up the document signing for all the parties or just yourself.

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Tal Kramer
Group MemberJul 28, 2008 4:23:12 AM
It seems that Electronic Signatures (that 'lock' the document) and an e-signature are two different things. What I'm looking for is the ability to copy my signature and put it on documents instead of printing them, signing them and scanning them back into my system. I use Adobe Standard and MS Word. Can you offer some help in creating and using an e-signature as I am discribing?

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Buddy Snipes
Group OrganizerJul 28, 2008 3:01:15 PM
Sure! I just created this short video using Jing (jing.com) that shows me signing a blank instructions to closing attorney using Adobe Acrobat Professional. http://screencast.com/t/vRuumBX5heW
The function of a GOOD electronic signature is 4 fold: 1. locks the document so that it cannot be edited, 2. verifies who the real signee is (theoretically, electronic signatures are far more secure and much less vulnerable to forgery that any other form of signature), 3. implies by it's placement on the document that you agree with the contents of the document and 4. it time stamps when and where the electronic signature was placed on the document.
Electronic signatures are not something you create. They are something you BUY!
Who sells them?
- DocuSign.com
- Adobe Acrobat Professional
- TransactionDesk (via the USPS AuthentiSign system)
- many others with varying degrees of security and sophstication
Each system has it's own strengths and weeknesses that I will be addressing in coming weeks. Adobe will only allow YOU to sign a document but it does not come with what is known as a Certifiying Authority (equivalent to a notary). But TransactionDesk allows you to setup signatures for multiple parties and uses the United States Postal System as it's Certifying Authority but is very complicated to use.
Since these are the 3 most commonly referenced systems, I am going to focus on their respective uses. I actually use a combination of them; not just one. Which one is determined by the circumstances.
BTW: the legal community really needs to be heard from on this issue. I would love to work with an attorney who is well versed in esigs to put together an online class.

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Doug Garner, CENTURY 21 Garner Properties, Northern Kentucky Broker-Manager
Group MemberAug 4, 2008 8:08:33 PM
I would love to be using AuthentiSign, as I am a TransactionDesk user. Unfortunatly Kentucky will not yet recognize electronis signatures as legal signatures on contracts. I'm interested in finding out what states do allow and what states do Not allow e-signs.

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Buddy Snipes
Group OrganizerAug 5, 2008 4:25:37 AM
To Doug:
Thanks for that info. I too would like to know if there are other states that do NOT allow electronic signatures. I am curious though, do they not allow you to sign the pad a Home Depot when you make a purchase with a credit card? Or how about students who are applying for student loans where the application process requires electronic signatures? How specific did Kentucky get on this point?

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Doug Garner, CENTURY 21 Garner Properties, Northern Kentucky Broker-Manager
Group MemberAug 5, 2008 6:37:37 AM
Buddy - It's the real estate commisson that will not approve it. I think e-signs are allowed in most other parts of the state. They allow physical signatures whether electronic or not, such as "touch screen" type of signatures. They do not allow e-signs such as USPS or Docusign. I believe the issue will most likely be on their agenda again this year. The 3 largest Boards of REALTORS in the state are now TransactionDesk subscribers and I'm REC is hearing from many members rgarding this issue.

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Buddy Snipes
Group OrganizerAug 7, 2008 5:39:23 PM
Thanks, Doug. That clear things up for me. I can understand their caution.

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Yozons
Group MemberAug 31, 2008 5:04:03 PM
It's easy to scan a copy of your handwritten signature and put it in a document. It's just an image. Of course, anybody else can do the same, so be careful in using such electronic image as proof of your electronic signature (your electronic consent) as any handwritten signature can easily be scanned and captured, and copying and pasting images of signatures saves me having to even scan it.
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