the big e 2011 - katrina barnes "digital ink"

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Katrina Barnes, Broker, GRI, ABR, GREEN, TAHS, SMP, TRLP

HAR/TAR/REBAC Instructor/[email protected]

FB: katrinabarnes.TexasREALTORTwitter: REALTORKATRINA1

Direct: 281-658-5022www.har.com/katrinabarnes

Brief Overview of zipLogix digital Ink™

Q & A overview of zipLogix digital Ink™Briefly look at how a document can be edited

and sent for signatures.Briefly look at NAR’s legal overview of

electronic signatures.

What is a digital signature?Digital signatures modernize the clients

experience and offer’s them a truly paperless electronic process that can be trusted. Digital Ink will definitely save you and your client’s time on printing, faxing, mailing, and meeting to collect signatures.

What is a digital signature? Houston Association of REALTORS® is proud

to present to its member’s, zipLogix® Digital Ink™ electronic signatures! zipLogix® Digital Ink™ is a digital signature solution for signing transactional documents within zipForm®6 , through a “signed, sealed and delivered” online process.

Digital Signatures are safe and easy to use.

What is a digital signature?• Digital Ink is a green feature that will help

lower your cost, reduce time, save gas, and reduce writing errors on your forms.

What is a digital signature?• No longer will you need print, fax, mail

or better yet…

What is a digital signature?• Drive ALL around the city to collect

signatures.

• Digital signatures permanently secure the identity of signers and the document’s content. This is a great way to improve your efficiency within your business.

• How much does zipLogix® Digital Ink™ cost?

• zipLogix® Digital Ink™ is available to REALTOR® members at no additional cost. This includes unlimited transactions and signers.

• If I am a DocuSign® User, how do I switch from DocuSign® to Digital Ink™?

• In zipForm®6, go to your Tools tab and select Options. Select the e Sign tab and check the box indicating Digital Ink™ as your e Sign provider.

• Can I edit the subject and body in my email message to let my clients know that they need to sign?

• In zipform®6 you can type in the message body, any additional information or instruction that you want your client to know before your click on Continue to zipLogix®Digital Ink but you zipform®6 will not allow you to edit the subject. Example of subject sent: Your documents are ready to review: zipForm - 1234 Happy St., Happy City, Texas. 77777.

• Note: When you are in zipLogix®Digital Ink you can click on email and send a separate email to your buyers or sellers

• Can I delete a form when in ziplogix®Digital Ink?

• Yes, however you will have to delete the last form added in sequential order.

• How do I send documents for digital signature to my clients?

• Click the e Sign icon from the File menu toolbar in zipForm®6.

• Select Sign; select documents to be signed and the order, then the signers and their order.

• Click Continue to zipLogix® Digital Ink to edit the documents.

• Click Activate to begin the signing process.

Note: It is crucial to always check your documents before sending out for e-signatures. Digital Ink™ is pre-mapped to zipForm®6 documents, however there are fields that may not need to be signed or initialed.

• Can you send to two signers at the same time?

No, the first signer must complete the signing process before the second recipient can sign.

• How does Identity Verification work?

• Identity Verification is an optional additional security measure to verify a signer’s identity.

• The zipForm®6 user will be charged $5 per signer per transaction and will be prompted to enter credit card information before sending signature.

• Identity Verification asks the signer a series of questions to verify their identity.

• How can I access the documents that my client signed with digital signatures?

• You can review the signed documents from your zipForm®6 e Sign icon. Select Check Status to access the transaction Dashboard then click View to access the completed documents.

• How will a client e-sign a transaction?

•The client will receive an email with a customized link in it. •The link will direct them to a secure website where they’re required to create a PIN (password) so that they can access the transaction again if necessary and protect their privacy. •Clients can access each document needing signatures/initials and navigate to each necessary field using the Tab key. It’s as easy as clicking on the fields to sign/initial the document.

• Can I stipulate who can sign the documents first?

• Yes, in the Select Recipients box, select the order of the party’s notification by using the up and down arrow buttons.

• Disable any recipient that you are not sending the transaction to.

• You can use Enable/Disable All to select more than one recipient.

• Can I upload non-zipForm®6 documents to send to my clients to sign using zipLogix® Digital Ink™?

• Yes, use the Continue to zipLogix® Digital Ink button to upload non-zipForm®6 PDFs.

• Note that locked PDFs are not available to upload at this time.

• That would be a previously digitally signed document for example. You can only upload PDF’s at this time.

• Can you use zipLogix® Digital Ink™ on a mobile device?

• You may access your zipForm®6 Professional account on various mobile devices with the zipForm®6 Mobile edition.

• However zipLogix® Digital Ink ™ is currently not available for use to send a document to zipLogix® Digital Ink to create e-signatures.

http://www.ziplogix.com/zfmobile/zfm_web.asp

• Can you sign a document on a mobile device? • The signer and the REALTOR® can sign the

document on most mobile devices and tablets.

• Can I use zipLogix® Digital Ink™ on my MAC?• Yes, you will need to have Adobe Reader

installed and need to use the Safari Internet browser.

• What should I do if I sent a document to get signed and it has not been access yet?

• REALTORS® sending documents using digital signatures should educate and send their clients instructions on how to sign the real estate documents.

• What is the difference between zipLogix® Digital Ink™ and DocuSign®?

• DocuSign® signed documents have layered signatures in the blank document. Digital Ink™ documents embed the signature into the document, providing a more secure final document.

• zipLogix® Digital Ink™ is offered to HAR members at no additional cost.

• DocuSign® gives HAR members a 20% discount through NAR. Both are incorporated with zipForm®6.

• Remember to use the service that works best with your business practices.

• Why aren’t some signature fields populated for my buyer or seller?

• Some of the predefined signing fields are considered "dual role".

• These fields can be Buyer or Seller depending on which one is checked within the form.

• There are two ways to ensure that your buyer or seller sign in all the essential places.

• Cont’d• In the parties labeled "Seller 1 or Buyer 1" and

"Seller/Buyer 1" enter the contact information in addition to the corresponding Buyer 1 field (vice versa if it’s the Seller).

• Note: contact information cannot be the same for both fields, so is suggested to use a middle initial for one of the fields when enter contact information.

• Go to the Continue to zipLogix® Digital Ink™ section and create a custom signature field for each one that is missing.

• What does "Suspend", "Activate" and "Cancel" mean?•

If you click the button Continue to zipLogix® Digital Ink™, your transaction will be automatically suspended until you’ve completed the editing process.

• None of parties get an invitation to sign your document until you click the Activate button.

• If at any time you want to stop the next person from receiving the invitation, you can click Suspend.

• Clicking Cancel will not allow any person to sign and stop the reminder emails to all parties.

• Is there an easy way for the signer to see the next unsigned signature/initial field?

• Yes, they can use the tab button on their keyboard to automatically be sent to the next unsigned field. Currently, it does not take them to related fields (text, checkbox, date).

• How can I add a Check Box or Text Field?• To add a related field such as the text or a check box, under

Parties, select the appropriate spot on the form. Drag and drop it there.

• Please Note: You cannot add a related Check Box or Text field to initial fields; it must be related to a signature field.

• A sub-menu in the Form Library will open (note: the text and check box field will no longer be gray) containing Text and Check Box.

• Click to drag the related fields to the form on the left in the box.

• Cont’d:• Click and drag the appropriate field that you

wish to use onto the form on the right.

Open up the transaction you want to digitally sign.

Click on sign

Select the form you want signed

Highlight the appropriate signer by clicking on the name

Drag & Drop an initial or signature field to the appropriate spot on your form.

To add a related field such as the date or check box, under parties , select the appropriate spot on the form. When one drags, drop & click, a sub- menu in the Form Library will open containing Text & Check box that can be clicked, dragged and dropped on.

Allows you to view your forms with signature tags. Located in the top right hand corner of the screen.. Alerts 1st signer

Congrats! You did it…

• To retrieve your copy of the

signed documents• Login to zipForm®6 and click

on your transaction• Click e Sign inside of the

transaction• Select the Check Status option• Click on the latest submission

date• Click View Status• Click View to Save/Print the

document

Electronic Signatures Brief-Legal Overview

• ESIGN was passed into law on June 30, 2000 • ESIGN stands for Electronic Signatures in

Global National Commerce• Every real estate transaction involves the

parties to the transaction putting their signature on at least one document and more likely several documents.

HUD Approves Electronic Signatures!

HUD to Allow Electronic Signatures on Some Documents for FHA Mortgage Insurance

• On April 8, 2010, FHA Commissioner Dave Stevens announced that, effective immediately, FHA will begin accepting electronic signatures on "third party documents originated and signed outside of the lender's control, such as real estate contracts."

• This change, which NAR has long advocated, is the first in a series of changes that eventually will permit more real estate transaction documents to contain electronic signatures, thus improving the efficiency of FHA mortgage transactions.


• Part 1. The E-Signature Laws • While the acceptance of other forms of signatures, facsimile

copies for example, occurred over a period of time through judicial interpretation of the requirement for a written signature, the acceptance of electronic signatures came about through the adoption of statutory provisions. With the adoption of the Uniform Electronic Transactions Act (―UETA‖) in most states and the passage of Electronic Signatures in Global and National Commerce Act (―ESIGN‖) at the federal level in 2000, the legal landscape for use of electronic records and electronic signatures in real estate was firmly settled.


• Both laws accomplish this legal equivalency by establishing a procedural approach to meeting, writing,‖ and signature‖ requirements, stating:

• 1. A document or signature cannot be denied legal effect or enforceability solely because it is in electronic form.

• 2. a contract cannot be denied legal effect or enforceability solely because an electronic record was used in its formation.


• 3. if a law requires that a record be in writing, then an electronic record satisfies the law; and

• 4. if a law requires a signature, then an electronic signature satisfies the law.


• Signature Associated with the Record • In a paper world the signature on a document

becomes a part of the document and can not be separated from it. The same requirement exists for electronic signatures but again must be accomplished in a different way.


• The electronic signature must be attached to or logically associated with the record being signed.

• System requirements to capture the electronic signature must:

• Keep record of the process by which the signature was created

• Make a textual or graphic statement that is added to the signed record showing that it was executed with an electronic signatures .

• Must have a attribution process- some method of verifying that the purported signer did in fact create the electronic signature. This will confirm the identity of a party (-authentication).

Real Estate Transactions – compliance with substantive law

• Real estate contracts can be executed electronically in all 50 states between buyers and sellers of any state. According to the UETA drafting committee.

Selecting a Provider for E-Signatures

• The e-signature process should allow you to 1) designate specific places in the document to be signed, and to

2) require signers to specifically acknowledge (sign) parts of the document as needed.

The e-signature process should accommodate at least one reliable form of attribution and should be captured and retained by the system.

The electronic signature solution must a) provide a means of capturing consumer consent in the prescribed manner, b) allow for withdrawal of consent, c) preserve evidence that the consumer did give consent in a manner that reasonably demonstrated the consumer’s technical ability to engage in business electronically—and did not withdraw it—at the time of the transaction.


The e-signature process should make it obvious to a new user that the act of ―signing‖ is taking place. This may be accomplished with a combination of written instructions (with an affirmative acknowledgement) and a user experience that visually simulates the familiar signing process, such as placement of a visible and distinctive graphic that resembles a handwritten signature.

The e-signature vendor should demonstrate its ability to preserve evidence of the transaction by providing assurance that its storage system includes ongoing training of personnel, a documented data security plan or policy, audited physical controls, working disaster recovery plan, proven and tested network, hardware and software controls.


The e-signature process should include a robust record of events that, in combination with high data security standards, will withstand scrutiny in court.

The e-signature process should be based on a historically reliable system, such that evidence of the transactional history may be gleaned from the operational reliability of the system used to manage the transaction.

• So you tell me….• Is there still anything else

that is holding you back from using zipLogix digital Ink™?

• Please contact Training & Member Probability Dept at HAR for information on additional training.

• http://www.ziplogix.com/training/

• Technical Support: http://support.zipform.com/emailsupport.asp?skin=

http://www.ziplogix.com/training/

http://www.ziplogix.com/training/

http://support.zipform.com/emailsupport.asp?skin

http://support.zipform.com/emailsupport.asp?skin

• Thank You!

• You have been a great audience!