RESPA and HUD‘s RESPA regulations require that certain records be retained for a period of time. Can those records be retained electronically?
Yes, if the person responsible for retaining records under RESPA and HUD’s RESPA regulations meets the specific requirements and limitations applicable to the retention of electronic documents set out in the Electronic Signatures in Global and National Commerce Act (ESIGN), that person’s responsibility will be satisfied by the retention of electronic records. See sections 101(d) and (e) of ESIGN, 15 U.S.C. 7001(d) and (e); also see 24 CFR 3500.23.