2023 Colorado Revised Statutes › Title 12 - PROFESSIONS AND OCCUPATIONS (§§ 12-1-101 — 12-315-310) › DIVISION OF REAL ESTATE (§§ 12-10-101 — 12-10-906) › Article 10 - REAL ESTATE (§§ 12-10-101 — 12-10-906) › Part 7 - MORTGAGE LOAN ORIGINATORS (§§ 12-10-701 — 12-10-730) › Section 12-10-709 - Exemptions - definition - rules

(1)
Except as otherwise provided in section
12-10-713
, this part 7 does not apply to the following, unless otherwise determined by the federal bureau of consumer financial protection or the United States department of housing and urban development:
(a)
With respect to a residential mortgage loan:
(I)
A person, estate, or trust that provides mortgage financing for the sale of no more than three properties in any twelve-month period to purchasers of the properties, each of which is owned by the person, estate, or trust and serves as security for the loan; or
(II)
An individual who acts as a mortgage loan originator, without compensation or gain to the mortgage loan originator, in providing loan financing for not more than three residential mortgage loans in any twelve-month period to a family member of the individual. The board shall define "family member" by rule. For purposes of this exemption only, "compensation or gain" excludes any interest paid under the loan financing provided.
(b)
A bank and a savings association as these terms are defined in the "Federal Deposit Insurance Act",
12 U.S.C. sec. 1811
et seq., as amended, a subsidiary that is owned and controlled by a bank or savings association, employees of a bank or savings association, employees of a subsidiary that is owned and controlled by a bank or savings association, credit unions, and employees of credit unions;
(c)
An attorney who renders services in the course of practice, who is licensed in Colorado, and who is not primarily engaged in the business of negotiating residential mortgage loans;
(d)
A person who:
(I)
Funds a residential mortgage loan that has been originated and processed by a licensed person or by an exempt person;
(II)
Does not solicit borrowers in Colorado for the purpose of making residential mortgage loans; and
(III)
Does not participate in the negotiation of residential mortgage loans with the borrower, except for setting the terms under which a person may buy or fund a residential mortgage loan originated by a licensed or exempt person;
(e)
A loan processor or underwriter who is not an independent contractor and who does not represent to the public that the individual can or will perform any activities of a mortgage loan originator. As used in this subsection (1)(e), "represent to the public" means communicating, through advertising or other means of communicating, or providing information, including the use of business cards, stationery, brochures, signs, rate lists, or other promotional items, that the individual is able to provide a particular service or activity for a consumer.
(f)
To the extent that it is providing programs benefitting affordable housing dwelling units, an agency of the federal government, the Colorado government, or any of Colorado's political subdivisions or employees of an agency of the federal government, of the Colorado government, or of any of Colorado's political subdivisions;
(g)
Quasi-government agencies, HUD-approved housing counseling agencies, or employees of quasi-government agencies or HUD-approved housing counseling agencies;
(h)
Community development organizations or employees of community development organizations;
(i)
Self-help housing organizations or employees of self-help housing organizations or volunteers acting as an agent of self-help housing organizations;
(j)
A person licensed under part 2 of this article 10 who represents a person, estate, or trust providing mortgage financing under subsection (1)(a) of this section.
(2)
The exemptions in subsection (1) of this section shall not apply to persons acting beyond the scope of the exemptions.
(3)
The board may adopt reasonable rules modifying the exemptions in this section in accordance with rules adopted by the federal bureau of consumer financial protection or the United States department of housing and urban development.
Renumbered from C.R.S. §
12-61-904
and amended by 2019 Ch. 136, § 1, eff. 10/1/2019.
Amended by 2017 Ch. 49, § 1, eff. 8/9/2017.
Amended by 2016 Ch. 117, § 3, eff. 8/10/2016.
Amended by 2013 Ch. 70, § 1, eff. 3/22/2013.
L. 2006: Entire part added, p. 1583, § 1, effective July 1. L. 2007: IP(1) and (1)(e) amended, p. 1716, § 2, effective June 1; (1)(e), (1)(f)(I), and (1)(f)(III) amended, p. 1734, § 6, effective 1/1/2008. L. 2009: Entire part amended, (HB 09 -1085), ch. 303, p. 1620, § 1, effective August 5. L. 2010: (1)(a), (1)(b), and (1)(c) amended, (HB 10 -1141), ch. 280, p. 1289, § 10, effective August 11. L. 2011: IP(1) and (1)(b) amended, (HB 11 -1022), ch. 6, p. 12, § 2, effective March 1; IP(1) amended and (1)(h) to (1)(k) and (3) added, (SB11-206), ch. 253, pp. 1097, 1098, §§ 3, 4, effective June 2. L. 2013: (1)(l) added, (SB 13-118), ch. 70, p. 226, § 1, effective March 22. L. 2016: IP(1) and (1)(b) amended, (HB 16-1306), ch. 117, p. 332, § 3, effective August 10. L. 2017: (1)(b)(II) amended, (SB 17-127), ch. 49, p. 153, § 1, effective August 9.
This section is similar to former § 12-61-904 as it existed prior to 2019.