Deadly Clear Blog is Dead Wrong on UETA, E-Sign & Foreclosure... A Guest Post by Attorney Tom Cox

``A few days ago, I received an email containing a link to a post on the blog, Deadly Clear. It posed the question, "Is the Promissory Note Even Enforceable?" Considering we've lost over six million homes to foreclosure, it would seem an easy question to answer... yes. But, since this post was apparently being circulated, I felt compelled to take a look. I've pretty much had enough with the misinformation that gets circulated... just because someone has an idea, doesn't mean it should be sent around, citing cases and various laws, as if the idea has been validated. Homeowners read these sorts of things and too often end up believing things that simply aren't true. So, now I find Deadly Clear's post, which says that one can claim a promissory note unenforceable based on the Uniform Electronic Transaction Act ("UETA"), which has to do with electronic notes. And one sentence from Deadly's post caught my eye immediately: "The hard core fact here is that in order to securitize the loan documents -- they need to be electronically transferable."''