Purpose and Statutory Basis
This Electronic Signature and Electronic Communications Consent ("E-Sign Consent") is provided pursuant to the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. §§ 7001–7031 (the "ESIGN Act"), and the Uniform Electronic Transactions Act ("UETA") as adopted in the State of California (Cal. Civ. Code §§ 1633.1 et seq.) and as substantially adopted in forty-eight (48) other United States jurisdictions, the District of Columbia, Puerto Rico, and the U.S. Virgin Islands. New York applies its own Electronic Signatures and Records Act, N.Y. State Tech. Law § 301 et seq. Where federal law preempts state requirements, federal law controls; where state law imposes greater protections consistent with the ESIGN Act, state law controls.
This E-Sign Consent applies to your dealings with Marcus Naulin and the Site, including any mortgage application, real-estate engagement, disclosure, agreement, notice, statement, billing, and document delivered or signed electronically (collectively, "Communications").
Your Affirmative Consent
By checking a consent box, clicking a button labeled "I Agree," "Submit," "Accept," or similar; by typing your name into a signature field; by drawing a signature on a touch-screen or signature-capture device; by adopting a system-generated signature image; by sending a confirmation reply such as "YES" or "AGREE" from your verified email address or mobile telephone; or by otherwise indicating agreement through any electronic process we offer, you affirmatively consent to:
- Receive Communications electronically rather than in paper form;
- Use electronic records and electronic signatures in connection with the Communications;
- The legal validity, enforceability, and admissibility into evidence of electronically signed records to the same extent as a handwritten signature on paper.
Reasonable Demonstration of Ability to Access
The ESIGN Act requires that, before consenting, you reasonably demonstrate that you can access information in the electronic form that will be used. By submitting this consent through any of the methods above, you represent that you have access to and can read electronic records in the formats described in "System Requirements" below. If you are unable to access the records, do not provide consent and contact us for paper delivery.
Scope of Consent
Your consent applies to all current and future Communications, including but not limited to:
- Mortgage loan applications, supplements, and addenda.
- Loan estimates, closing disclosures, change-of-circumstance forms, and other RESPA/TILA-Reg Z disclosures, where electronic delivery is authorized.
- Adverse-action notices, counter-offers, and risk-based pricing notices.
- Privacy notices, including GLBA initial and annual notices and opt-out forms.
- Real-estate listing agreements, buyer-broker agreements, purchase contracts, addenda, counter-offers, disclosures, and contingency-removal forms.
- Identity-verification authorizations, credit-pull authorizations, and consumer-report disclosures.
- Documentation collection requests, condition statements, and underwriting memos.
- Service agreements, engagement letters, retainers, and fee disclosures.
- Notices required by federal, state, or local law in connection with the foregoing transactions.
Where applicable law specifically prohibits electronic delivery of a particular notice or document — for example, certain default, eviction, foreclosure, and utility-cancellation notices — we will deliver that document in the form required by law.
System Requirements
To access and retain Communications electronically, you must have:
- A current, supported version of a major web browser (e.g., Chrome, Safari, Edge, Firefox) capable of TLS 1.2 or higher.
- Software capable of viewing PDF documents (e.g., Adobe Acrobat Reader, Apple Preview, browser-built-in viewer).
- An active email account capable of receiving and sending email, with sufficient capacity to receive Communications.
- For mobile delivery, a mobile telephone with SMS/MMS capability and an active wireless service plan.
- Sufficient electronic storage capacity, or access to a printer, to retain copies of records.
- If e-signing through a third-party platform (e.g., DocuSign, Dropbox Sign, Adobe Sign, SignNow), the system requirements published by that platform.
If our system requirements change in a manner that creates a material risk that you would not be able to access or retain a subsequent Communication, we will provide a statement of the revised requirements and your right to withdraw consent without imposing any fee.
Right to Receive Paper Copies
You may request a paper copy of any Communication delivered electronically by writing to contact@marcusnaulin.com or by calling (805) 377-5626. We will provide paper copies free of charge for the first request and may charge a reasonable fee, not to exceed the actual cost of reproduction and mailing, for additional copies. Requesting a paper copy does not by itself withdraw your consent to receive future Communications electronically.
Withdrawing Consent
You may withdraw consent at any time by sending a written notice to contact@marcusnaulin.com with the subject line "Withdraw E-Sign Consent." The notice must include your full name, address, telephone number, and email address used. Withdrawal is effective only after we have a reasonable opportunity to act on it (typically five (5) business days). We will not impose a fee solely for withdrawing consent. Withdrawal will not invalidate any electronic signature or record provided before the effective date of withdrawal.
If you withdraw consent, we may, at our discretion: (i) terminate the relationship; (ii) charge a reasonable additional fee for paper delivery of subsequent Communications where permitted by law; or (iii) require additional steps to perform our obligations.
How to Update Your Contact Information
You agree to maintain a current email address and mobile telephone number with us. To update your contact information, log into your secure portal, reply to any of our messages with the new address, or contact us at contact@marcusnaulin.com or (805) 377-5626.
Authentication and Attribution
An electronic signature is attributable to you if it was the act of you or your authorized agent. Authentication may be established by any reasonable method, including by reference to: (i) the consent process described above; (ii) information provided by your email or wireless carrier; (iii) IP address logs; (iv) device identifiers; (v) shared secrets and one-time passcodes; (vi) audit trails generated by e-signature platforms; and (vii) certified records of access. You are responsible for safeguarding your credentials and devices and for promptly reporting any unauthorized access.
Recordkeeping
We will retain electronic records of signed Communications in accordance with our Privacy Policy § 13 and the retention periods imposed by RESPA, ECOA, HMDA, BSA, and applicable state law. Records may be reproduced from optical, magnetic, or cloud storage in a form that accurately reflects the information signed.
Severability
If any provision of this E-Sign Consent is held invalid or unenforceable, the remaining provisions remain in full force, and the invalid provision shall be modified to the minimum extent necessary to render it valid and enforceable.
Acknowledgment
By proceeding with any electronic transaction with us, you acknowledge that you have read this E-Sign Consent, that you affirmatively consent to its terms, that you have the ability to access electronic records as described, and that you understand your right to receive paper copies and to withdraw consent.
Contact Us
Marcus Naulin — Mortgage Planner & Real Estate Pro
Direct: (805) 377-5626
NMLS#: 469645 | DRE#: 01322846
Email: contact@marcusnaulin.com
Website: https://marcusnaulin.com
To exercise privacy rights, request records, opt out of communications, or ask any question about this policy, contact us through any channel above. We respond to written requests within thirty (30) days where feasible, and within statutorily mandated timeframes where shorter periods apply.