Title 5, Consumer Credit Code
0 chapters · 368 sections in this title.
Colo. Rev. Stat. § 5-21-101 Short title
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The short title of this article 21 is the Colorado Nonbank Mortgage Servicers Act. Source: L. 2021: Entire article added, (HB 21-1282), ch. 482, p. 3436, � 1, effective January 1, 2022.
Colo. Rev. Stat. § 5-21-102 Scope of article
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Unless otherwise provided in this article 21, this article 21 applies to any person engaged in servicing a residential mortgage loan secured by a dwelling or residential real property located in this state. Source: L. 2021: Entire article added, (HB 21-1282), ch. 482, p. 3436, � …
Colo. Rev. Stat. § 5-21-103 Definitions
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As used in this article 21, unless the context otherwise requires: (1) Administrator means the administrator of the Uniform Consumer Credit Code, articles 1 to 9 of this title 5, designated pursuant to section 5-6-103. (2) Borrower means an individual obligated to repay a residen…
Colo. Rev. Stat. § 5-21-104 Notification required
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On and after January 31, 2022, a person shall not act as a mortgage servicer, directly or indirectly, without notifying the administrator pursuant to section 5-21-105. Source: L. 2021: Entire article added, (HB 21-1282), ch. 482 p. 3438, � 1, effective January 1, 2022.
Colo. Rev. Stat. § 5-21-105 Notification by mortgage servicers - rules
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(1) Notification. (a) A person acting as a mortgage servicer must notify the administrator and pay the fee prescribed in section 5-21-106 within thirty days after commencing servicing in the state, and, thereafter, on or before January 31 of each year. The notification must state…
Colo. Rev. Stat. § 5-21-106 Fees - repeal
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(1) A notifier shall pay the following nonrefundable fees established by the administrator pursuant to subsection (3) of this section: (a) An initial notification fee; and (b) An annual notification fee. (2) The administrator shall transmit the fees required by subsection (1) of …
Colo. Rev. Stat. § 5-21-107 Federal laws
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(1) A mortgage servicer shall comply with all federal laws and regulations applicable to mortgage servicers for their mortgage servicing activities, including: (a) The federal Real Estate Settlement Procedures Act of 1974, 12 U.S.C. sec. 2601 et seq., as amended; and (b) The Trut…
Colo. Rev. Stat. § 5-21-107.5 Disbursement of insurance proceeds to borrowers - disclosure of mortgage interest rate - retention of communications
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A mortgage servicer shall comply with the requirements of section 38-40-106 regarding disbursement of insurance proceeds to borrowers, disclosure of mortgage interest rates, and retention of communications.
Colo. Rev. Stat. § 5-21-108 Powers and duties of the administrator - rules
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(1) The administrator may conduct investigations and examinations as follows: (a) For purposes of general or specific inquiry or investigation to determine compliance with this article 21, the administrator may access, receive, and use any records or information belonging to a no…
Colo. Rev. Stat. § 5-21-109 Application of administrative procedures
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Except as otherwise provided in this article 21, sections 24-4-102 to 24-4-106 apply to and govern all rules promulgated and all administrative action taken by the administrator pursuant to this article 21; except that section 24-4-104 (3) does not apply to any such action. Sourc…
Colo. Rev. Stat. § 5-21-110 Administrative enforcement orders
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(1) After notice and hearing, the administrator may order a mortgage servicer or a person acting in the mortgage servicer's behalf to cease and desist from engaging in violations of this article 21 or any rule or order lawfully made pursuant to this article 21. The order issued b…
Colo. Rev. Stat. § 5-21-111 Assurance of discontinuance
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If it is claimed that a person has violated this article 21, the administrator may accept an assurance in writing that the person will not engage in the conduct in the future. The assurance may also require the person to make refunds to individuals of unlawful charges under this …
Colo. Rev. Stat. § 5-21-112 Injunctions
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The administrator may bring a civil action to restrain a person from violating this article 21 or rules promulgated pursuant to this article 21 and for other appropriate relief, including such orders or judgments as may be necessary to completely compensate or restore to the indi…
Colo. Rev. Stat. § 5-21-113 Civil actions by the administrator
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(1) The administrator may bring a civil action against a mortgage servicer or any other person for any violations of this article 21. An action may relate to transactions with more than one individual. The court may order a mortgage servicer to refund to individuals overcharges o…
Colo. Rev. Stat. § 5-21-114 Limitations
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Notwithstanding article 80 of title 13, all actions brought under this article 21 must be commenced within four years after the date on which any violation of this article 21 occurred or the date on which the last in a series of the acts or practices occurred or within four years…
Colo. Rev. Stat. § 5-21-115 Confidential information
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(1) The administrator shall not make public the name or identity of a person whose acts or conduct the administrator investigates or examines pursuant to this article 21 or the facts disclosed in the investigation or examination. (2) The administrator may disclose notification re…
Colo. Rev. Stat. § 5-21-116 Reporting
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(1) The department of law shall include in its annual presentations held pursuant to section 2-7-203 updates concerning the administration of this article 21, including: (a) Complaints data, enforcement actions, and other relevant regulatory data; and (b) The use of fees collecte…