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ARTICLE · 28 JANUARY 2026

Digital Mortgage Assets: A Closer Look

Mayer Brown
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In this article, the authors review some key considerations when financing digital mortgage assets, review the status of a financing party of electronic versions of home equity lines of credit as opposed to...

United StatesFinance and Banking
David A. K. Linley
David A. K. Linley
Paul Jorissen
Paul Jorissen
Barbara Goodstein
Barbara Goodstein
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In this article, the authors review some key considerations when financing digital mortgage assets, review the status of a financing party of electronic versions of home equity lines of credit as opposed to electronic versions of traditional home mortgage loans, and review some of the opportunities presented by the 2022 Uniform Commercial Code amendments as they relate to the financing of digital mortgage assets.

MORTGAGE LENDING AND THE DIGITAL TRANSFORMATION

For reasons going back to 17th Century English law and the Statute of Frauds, mortgage lending in the United States traditionally has been a business transacted and recorded on paper. Financing of mortgage assets therefore has been premised in part upon the existence and content of those papers: what do they say, who signed them, and where are they now? This has been important both for traditional home mortgage loans (comprised of a promissory note and a mortgage1 ) and for home equity lines of credits, or

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This Mayer Brown article provides information and comments on legal issues and developments of interest. The foregoing is not a comprehensive treatment of the subject matter covered and is not intended to provide legal advice. Readers should seek specific legal advice before taking any action with respect to the matters discussed herein.

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