Current through Register Vol. 47, No. 17, September 10, 2024
2.1.
Pre-Licensing Education Requirement
An Applicant must successfully complete the twenty (20) hours
of pre-licensing education reviewed and approved by the NMLS or by a company
contracted by the NMLS for the review and approval of pre- licensing
courses.
A. Colorado specific
pre-licensing education
1. Effective March 1,
2016, Applicants must also complete two (2) hours of Colorado specific
pre-licensing education reviewed and approved by the NMLS or by a company
contracted by the NMLS for the review and approval of pre-licensing
courses.
2. The two (2) hours of
Colorado specific education replaces what was a required general elective
within the twenty (20) hours of pre-licensing education.
3. Applicants may also complete the two (2)
hours of Colorado specific pre-licensing education as a standalone course
outside of the twenty (20) hour pre-licensing education.
4. The two (2) hours of Colorado specific
education must have a final course examination that covers all major topics
covered in the course. Applicants must receive a passing score of seventy-five
percent (75%) on the Colorado specific education examination.
B. Completion of pre-licensing
education
1. New license or expired license
for three or more years
Applicants who have never held a license or held a license
that has expired for three (3) or more years in Colorado or any other
Jurisdiction must satisfactorily complete twenty (20) hours of pre-licensing
education within the three (3) year period immediately the date of application
for licensure.
2. Holds a
Valid license or expired license for less than three years
Applicants who hold a Valid license or held a license that
has expired for less than three (3) years in Colorado or any other Jurisdiction
must complete the Colorado specific education as set forth in subsection A.1.
of this Rule if not previously taken.
C. Course audits
The Board or the Board's designee may audit courses set forth
in this Rule at any time and at no cost. The Board may request from each course
provider all related instructional materials, student attendance records and
other information that may be necessary for an audit. The purpose of the audit
is to ensure adherence to the approved course of study by verifying the course
material and instruction are consistent with acceptable educational principles;
and that instruction is provided in a manner that the desired learning
objectives are met. Failure to comply with relevant statutes and these Rules
may result in the withdrawal of the approval of the course provider,
instructor, and/or course.
2.2. S.A.F.E. Mortgage Loan Originator
Examination Requirement
The S.A.F.E. Mortgage Loan Originator Examination is
developed by the NMLS and consists of the national examination with the Uniform
State Test content.
A. An Applicant
must successfully pass the examination in accordance with the policies and
procedures developed and administered by the NMLS.
B. Applicants must comply with NMLS test
administration standards and any test administration required by the testing
service provider.
C. An Applicant
may retake the examination three (3) consecutive times with each consecutive
time occurring at least thirty (30) days after the preceding
examination.
D. After failing three
(3) consecutive examinations, an Applicant must wait at least six (6) months
before taking the examination again.
E. A Mortgage Loan Originator who fails to
maintain a Valid license in any Jurisdiction for a period of five (5) years or
longer must retake the examination prior to re-application for licensure, not
taking into account any time during which such individual was
licensed.
2.3. Criminal
Background Check Requirement
Pursuant to section
12-10-704(6),
C.R.S., an Applicant must submit a set of fingerprints to the Colorado Bureau
of Investigation for the purpose of conducting a state and national criminal
history record check prior to submitting an application to the Division.
Fingerprints must be submitted to the Colorado Bureau of Investigation for
processing in a manner acceptable to the Colorado Bureau of Investigation.
Fingerprints must be readable and all personal identification data completed in
a manner satisfactory to the Colorado Bureau of Investigation. The Board may,
however, acquire a name-based criminal history record check for an Applicant
who has twice submitted to a fingerprint-based criminal history record check
and whose fingerprints are unclassifiable.
2.4. NMLS Requirement
Each Applicant must register with the NMLS in accordance with
policies and procedures established by the NMLS. The Applicant, at minimum,
must provide the following information to NMLS:
A. A complete and accurate registration
application, including the authorization of the NMLS to obtain a credit report
and information related to any administrative, civil or criminal findings by
any governmental Jurisdiction;
B.
Submission of a set of fingerprints to the NMLS in accordance with policies and
procedures established by the NMLS; and
C. Payment of any fees associated with the
NMLS registration application. 2.5. Temporary Authority Eligibility and
Temporary License
A. Temporary authority
eligibility requirements
To be eligible for Temporary Authority to act as Mortgage
Loan Originator, the Applicant must meet the following requirements:
1. The Applicant has met either one of the
following classifications:
a. Registered in
the NMLS as a loan originator for a depository (i.e. bank or savings
association) as defined in section
12-10-709(1)(b),
C.R.S. during the one (1) year period preceding the date of application for a
temporary license; or
b. A license
issued as a mortgage loan originator in another Jurisdiction during the thirty
(30) day period preceding the date of application for a temporary
license.
2. The Applicant
must be eligible for temporary authority in accordance with policies and
procedures as established by the NMLS.
3. The Applicant must be an Employee and
Sponsored by a Colorado NMLS registered Mortgage Company.
4. An Applicant has not had any of the
following administrative, civil or criminal actions:
a. An application for a mortgage loan
originator license denied in any Jurisdiction;
b. A mortgage loan originator license revoked
or suspended in any Jurisdiction;
c. Has been subject to, or served with a
cease and desist order; and d. Has been convicted of, or pled guilty or nolo
contendere to, a misdemeanor or felony pursuant to sections
12-10-711(1)(b), (2)(b)(I), and
(2)(c), C.R.S.
B. Temporary license
1. Applicants seeking a temporary license and
who are eligible for Temporary Authority as set forth in subsection A. of this
Rule will be granted one (1) temporary license. Additional or extended
temporary licenses will be prohibited.
2. Any temporary license issued by the Board
will have the same force and effect of a license for the period of time it is
in effect.
3. A temporary license
will expire on one (1) of the following dates, whichever is sooner:
a. The Applicant withdraws their application
for a license;
b. The Board denies
the Applicant's application for a license;
c. The Board approves and issues a
license;
d. Supervision termination
date between the Responsible Mortgage Loan Originator and the Mortgage Loan
Originator holding a temporary license; or
e. One hundred twenty (120) calendar days
after the date the Applicant was issued a temporary license.
4. A Mortgage Loan Originator
holding a temporary license must be an Employee and Sponsored by a Colorado
NMLS registered Mortgage Company and must be supervised by a Responsible
Mortgage Loan Originator.
a. The Responsible
Mortgage Loan Originator will be held responsible under all applicable
provisions of law, including without limitation the Practice Act and these
Rules, for the actions of the Mortgage Loan Originator holding a temporary
license, and are personally subject to all applicable penalties under the
law.
b. Responsible Mortgage Loan
Originators must notify the Division, in a manner acceptable to the Board, the
beginning and ending dates of supervision for Mortgage Loan Originators holding
a temporary license.
c. Responsible
Mortgage Loan Originators will be held responsible for the activities of
Mortgage Loan Originators holding a temporary license through and including the
date of the temporary license expiration or termination of supervision,
whichever is sooner.
2.6. Surety Bond Requirement
A. Options for surety bonds
Pursuant to section
12-10-717, C.R.S., Mortgage Loan
Originators are deemed compliant with the surety bond requirement if one (1) of
the three (3) options are satisfied:
1. Mortgage Loan Originators, at a minimum,
may acquire and maintain an individual surety bond if:
a. The surety bond is in the amount of
twenty-five thousand dollars ($25,000);
b. The surety bond is in conformance with all
relevant Colorado statutory requirements;
c. The surety bond is exclusive to covering
acts contemplated under the Practice Act;
d. The surety bond is not applicable to any
conduct or transactions outside the jurisdiction of the Board; and
e. The surety bond is identical to the
individual surety bond form developed and approved by the Board.
2. Mortgage Loan Originators who
are Employees or exclusive agents for companies with less than twenty (20)
individuals who are required to be licensed pursuant to the Practice Act and
who do not work for more than one (1) company, may, at a minimum, operate under
their company's surety bond if the surety bond meets the following criteria:
a. The surety bond is in the amount of one
hundred thousand dollars ($100,000);
b. The surety bond is in conformance with all
relevant Colorado statutory requirements;
c. The surety bond is exclusive to covering
acts of all of the company's Employees or exclusive agents contemplated under
the Practice Act; and
d. The surety
bond is identical to the individual surety bond form developed and approved by
the Board.
3. Mortgage
Loan Originators who are Employees or exclusive agents for companies with
twenty (20) or more individuals who are required to be licensed pursuant to the
Practice Act and who do not work for more than one (1) company, may, at a
minimum, operate under a company's surety bond if the surety bond meets the
following criteria:
a. The surety bond is in
the amount of two hundred thousand dollars ($200,000);
b. The surety bond is in conformance with all
relevant Colorado statutory requirements;
c. The surety bond is exclusive to covering
acts of all of the company's Employees or exclusive agents contemplated under
the Practice Act; and
d. The surety
bond is identical to the company surety bond form developed and approved by the
Board.
B.
Entity surety bonds
Regarding entity surety bonds as set forth in subsections
A.2. and A.3. of this Rule, the Mortgage Company must provide the Board or an
authorized representative of the Board with any and all requested surety bonds
relevant to the Practice Act and as set forth in this Rule. The Mortgage
Company must verify and provide adequate proof regarding the timeline of
employment for each individual Mortgage Loan Originator operating under such
company policy. Failure on the part of the Mortgage Company to provide such
information will result in non-compliance regarding the surety bond requirement
for the individual Mortgage Loan Originators operating under such entity
bond.
C. Continuous surety
bond coverage
Mortgage Loan Originators are required to provide proof of
continuous surety bond coverage and that all required information is current.
Mortgage Loan Originators may update all required information electronically on
the Division's website.
D.
Disciplinary action for failure to maintain surety bond
Any Mortgage Loan Originator who fails to obtain and maintain
a surety bond as set forth in this Rule or fails to provide proof of continuous
coverage will be subject to disciplinary action.
2.7. Errors and Omissions Insurance
Requirement
Pursuant to section
12-10-707, C.R.S., every Mortgage
Loan Originator holding an Active license must have in effect a policy of
errors and omissions insurance to cover all acts requiring a license. Mortgage
Loan Originators may obtain errors and omissions coverage through the Board
Insurance Policy or may obtain errors and omissions coverage independent of the
Board Insurance Policy.
A. Board
insurance policy
1. The Division may enter
into a contract with an insurance carrier to make available the Board Insurance
Policy under the following terms and conditions:
a. The insurance carrier must be in
compliance with all applicable statutes established by the Colorado Division of
Insurance.
b. The insurance carrier
is licensed or authorized to write policies of errors and omissions insurance
in this State.
c. The insurance
carrier should maintain an A.M. Best rating of "A-"or better.
d. The insurance carrier will collect
premiums, maintain records and report names of those insured and a record of
claims to the Division on a timely basis and at no expense to the
Division.
e. The insurance carrier
has been selected through a competitive bidding process.
2. The Board Insurance Policy must provide,
at a minimum, the following terms of coverage:
a. The contract and policy are in conformance
with all relevant Colorado statutory requirements;
b. Coverage includes all acts for which a
license is required, except those illegal, fraudulent, or other acts which are
normally excluded from such coverage;
c. Coverage must encompass all types of
transactions conducted by the Mortgage Loan Originator and must be in the
individual Mortgage Loan's Originator's name;
d. Coverage cannot be canceled by the
insurance carrier except for nonpayment of the premium or in the event the
Mortgage Loan Originator's license becomes Inactive or is revoked or an
Applicant is denied a license. Cancellation notice must be provided in a manner
that complies with section
10-4-109.7(1),
C.R.S.;
e. Coverage is for not less
than one hundred thousand dollars ($100,000) per covered claim, with an annual
aggregate limit of not less than three hundred thousand dollars ($300,000), not
including costs of investigation and defense;
f. Coverage contains a deductible no greater
than one thousand dollars ($1,000), or a deductible no greater than twenty
thousand dollars ($20,000) for policies that primarily insure reverse mortgage
transactions; and
g. Prior acts
coverage must be offered to Mortgage Loan Originators with continuous past
coverage.
B.
Independent policies
For independent policies that are either individual and
entity/group policies, the insurance carrier must be in compliance with all
applicable statutes pursuant to the Colorado Division of Insurance and is
licensed or authorized to write policies of errors and omissions insurance in
this State. The insurance carrier should maintain an A.M. Best rating of "A-
"or better.
1. Mortgage Loan
Originators, at a minimum, may acquire and maintain individual errors and
omissions insurance in their own name with the following terms of coverage:
a. The contract and policy are in conformance
with all relevant Colorado statutory requirements;
b. Coverage includes all acts for which a
license is required, except those illegal, fraudulent, or other acts which are
normally excluded from such coverage;
c. Coverage must encompass all types of
transactions conducted by the Mortgage Loan Originator and must be in the
individual Mortgage Loan Originator's name;
d. Coverage is for not less than one hundred
thousand dollars ($100,000) per covered claim, with an annual aggregate limit
of not less than three hundred thousand dollars ($300,000), not including costs
of investigation and defense;
e.
Coverage contains a deductible no greater than one thousand dollars ($1,000),
or a deductible no greater than twenty thousand dollars ($20,000) for policies
that primarily insure reverse mortgage transactions; and
f. Prior acts coverage must be offered to
Mortgage Loan Originators with continuous past coverage.
2. Mortgage Loan Originators who are
Employees or exclusive agents for companies with less than twenty (20)
individuals who are required to be licensed pursuant to the Practice Act and
who do not work for more than one (1) company, may, at a minimum, operate under
the company's errors and omissions insurance policy if the policy meets the
following terms of coverage:
a. The contract
and policy are in conformance with all relevant Colorado statutory
requirements;
b. Coverage includes
all acts for which a license is required, except those illegal, fraudulent, or
other acts which are normally excluded from such coverage;
c. Coverage must include all activities
contemplated under the Practice Act and states this in the policy;
d. Coverage must encompass all types of
transactions conducted by all of the Mortgage Loan Originators employed at the
company or by all Mortgage Loan Originators who are exclusive agents of the
company;
e. Coverage is for not
less than one million dollars ($1,000,000) per covered claim, with an annual
aggregate limit of not less than one million dollars ($1,000,000), not
including costs of investigation and defense;
f. Coverage contains a deductible no greater
than fifty thousand dollars ($50,000); and
g. Prior acts coverage must be offered to
Mortgage Loan Originators with continuous past coverage.
3. Mortgage Loan Originators who are
Employees or exclusive agents for companies with twenty (20) or more
individuals and who do not work for more than one (1) company, may, at a
minimum, operate under the company's errors and omissions insurance policy if
the policy meets the following terms of coverage:
a. The contract and policy are in conformance
with all relevant Colorado statutory requirements;
b. Coverage includes all acts for which a
license is required, except those illegal, fraudulent, or other acts which are
normally excluded from such coverage;
c. Coverage must include all activities
contemplated under the Practice Act and states this in the policy;
d. Coverage must encompass all types of
transactions conducted by all of the Mortgage Loan Originators employed at the
company or by all Mortgage Loan Originators who are exclusive agents of the
company;
e. Coverage is for not
less than one million dollars ($1,000,000) per covered claim, with an annual
aggregate limit of not less than two million dollars ($2,000,000), not
including costs of investigation and defense;
f. Coverage contains a deductible no greater
than hundred thousand dollars ($100,000); and
g. Prior acts coverage must be offered to
Mortgage Loan Originators with continuous past coverage.
C. Entity errors and omissions
insurance policies
Regarding entity errors and omissions insurance policies as
set forth in subsections B.2. and B.3. of this Rule, the Mortgage Company must
provide the Board, or an authorized representative of the Board, with any and
all requested errors and omissions insurance policies relevant to the Practice
Act and as set forth in this Rule. The Mortgage Company must verify and provide
adequate proof regarding the timeline of employment for each individual
Mortgage Loan Originator operating under such entity policy. Failure on the
part of the Mortgage Company to provide such information will result in
non-compliance regarding the errors and omissions insurance requirement for
individual Mortgage Loan Originators operating under the entity's errors and
omissions insurance policy.
D. Continuous insurance coverage
Mortgage Loan Originators are required to provide proof of
continuous errors and omissions insurance coverage and that all required
information is current. The Mortgage Loan Originator may update all required
information electronically on the Division's website.
E. Disciplinary action for failure to
maintain insurance
A Mortgage Loan Originator who fails to obtain and maintain
an errors and omissions insurance coverage as set forth in this Rule or fails
to provide proof of continuous coverage will be subject to disciplinary
action.
2.8.
Application Process for Licensure
A. Applying
for an initial license
An Applicant for Initial Licensure as a Colorado Mortgage
Loan Originator must successfully complete the requirements as set forth
below:
1. Submit a set of fingerprints
to the Colorado Bureau of Investigation within one (1) year immediately
preceding the date of application as set forth in Rule 2.3.;
2. Register with the NMLS as set forth in
Rule 2.4.;
3. Submit a set of
fingerprints to the NMLS as set forth in subsection B. of Rule 2.4;
4. Successfully complete the requisite
educational requirements as set forth in Rule 2.1.;
5. Take and successfully pass the S.A.F.E.
Mortgage Loan Originator Examination as set forth in Rule 2.2.;
6. Acquire a surety bond as required by
section 12-10-717, C.R.S. and as set forth
in Rule 2.6 . prior to obtaining an Active license;
7. Acquire errors and omissions insurance
required by section
12-10-707, C.R.S. and as set forth
in Rule 2.7 . prior to obtaining an Active license;
8. Submit a complete and accurate "Mortgage
Loan Originator License Application"; and
9. Pay the Fee.
B. Applying for a temporary license
An Applicant applying for a temporary license that is
eligible for temporary authority must meet the following requirements:
1. Submit a set of fingerprints to the NMLS
as set forth in subsection B. of Rule 2.4.;
2. Register for temporary authority with the
NMLS as set forth in subsection A.2. of Rule 2.5.;
3. Be an Employee and Sponsored by a Colorado
NMLS registered mortgage company as set forth in subsections A.3. and B.4. of
Rule 2.5.; and
4. Within seven (7)
business days from notice of the issuance of temporary authority from the NMLS,
the Applicant must complete the following state specific requirements pursuant
to section
12-10-711(11),
C.R.S.:
a. Submit a set of fingerprints to
the Colorado Bureau of Investigation as set forth in Rule 2.3.;
b. Acquire a surety bond pursuant to section
12-10-717, C.R.S. and as set forth
in Rule 2.6.;
c. Acquire errors and
omissions insurance pursuant to section
12-10-707, C.R.S. and as set forth
in Rule 2.7.;
d. Identify the
Responsible Mortgage Loan Originator as set forth in subsections A.3. and B.4.
of Rule 2.5.;
e. Submit a complete
and accurate "Mortgage Loan Originator License Application"; and
f. Pay the Fee.
C. Once an Applicant fully
complies with the Practice Act and these Rules as determined by the Board, the
Board will issue a license to the Applicant pursuant to section
12-10-704,
C.R.S.
2.9. Invalid
Payment
If the Fees accompanying any application made to the Board
are paid for by check and the check is not immediately paid upon presentment to
the bank upon which the check was drawn, or if payment is submitted in any
other manner and payment is denied, rescinded, or returned as invalid, the
application will be canceled. The application or renewal must be re-submitted
to the Board along with full payment of any Fees and payment of the fee
required by State Fiscal Rules for the clerical services necessary for invalid
payment.
2.10. Review of
Application Completeness
All applications will be reviewed by the Division for
completeness of all required. If the application is deemed incomplete by the
Division, the Applicant will be notified in writing of the deficiencies
identified within the application and will have thirty (30) days to provide the
documentation; otherwise, the application will be canceled and the Fee will be
forfeited.
2.11. Applicants
with Prior or Pending Criminal Record
Pursuant to sections
12-10-704,
12-10-711, and
24-5-101, C.R.S., Applicants who
have at any time in the past been convicted of, entered a plea of guilty to,
entered a plea of nolo contendere, received a deferred judgment and sentence to
a misdemeanor (excluding misdemeanor traffic violations) or a felony or any
like municipal code violation, or has such charges pending must submit with
their application the required documentation as listed below. If the required
documentation is no longer available, the Applicant must provide written
confirmation by the appropriate authority that such documentation is no longer
available. For any charges or convictions which have been dismissed, expunged,
or sealed, the Applicant must include court document(s) evidencing the
dismissal, expungement, or sealing of the criminal case(s). Failure to provide
the required documentation within the time frame as set forth in Rule 2.10.
will result in the cancellation of the application and forfeiture of the Fee.
In addition to the required documentation, Applicants may submit supplemental
documentation as listed below to demonstrate their rehabilitation,
truthfulness, financial responsibility, character, and general fitness for
consideration by the Board.
A.
Required documentation includes:
1. Court
case disposition, registry of action, or a case action summary, which must
include the following information:
a.
Offense(s) convicted of;
b.
Statute(s) or municipal code(s) violated;
c. Classification(s) of offense(s) (i.e.
felony or misdemeanor);
d. Date of
conviction;
e. Date of
sentencing;
f. Sentencing Terms;
and
g. Status of case.
i. If the sentencing and probation terms have
been completed, the status of case should show as closed or
dismissed.
ii. If the sentencing
and probation terms have not been completed, documentation must be submitted
that shows current compliance with the sentencing and probation terms. Proof of
current compliance should include a letter from the parole or probation officer
and, if applicable, a payment history from the court showing a current account
balance of payment.
2. Police Officer's report(s), arrest
report(s), or incident report(s);
3. A signed written explanation of the
circumstances surrounding each violation and, including the statement attesting
that "I have no other criminal violations either past or pending, other than
those I have stated on the application"; and
4. Any other information or documentation
that the Board deems necessary.
B. Supplemental documentation includes:
1. Employment history for the preceding five
(5) years;
2. Letter(s) of
recommendation; and
3. A personal
written statement that demonstrates and evidences the Applicant's
rehabilitation, financial responsibility, character, and general
fitness.
2.12.
Applicants with Past or Pending Administrative Disciplinary Actions or Findings
Pursuant to sections
12-10-704 and
12-10-711, C.R.S., an Applicant
who has any past or pending administrative disciplinary actions or findings of
a mortgage loan originator license or any other professional license from
Colorado or any other Jurisdiction must submit with their application any of
the following information and documentation as listed below that is relevant
and available to the Applicant. If the required documentation is no longer
available or accessible, the Applicant must provide written confirmation by the
appropriate authority that such documentation is no longer available or the
reasons why the document is not accessible. Failure to provide the required
documentation within the time frame as set forth in Rule 2.10. will result in
the cancellation of the application and forfeiture of the Fee.
A. Any final agency order(s);
B. Any consent order(s);
C. Any stipulation(s);
D. Any investigative report(s); and
E. A signed written explanation of the
circumstances surrounding each disciplinary actions.
2.13. Preliminary Advisory Opinion
Prior to an application for a license or a registration
through the NMLS, a person may request the Board issue a preliminary advisory
opinion. A person seeking a preliminary advisory opinion is not an Applicant
for licensure. The Board may, at its sole discretion, issue an opinion which
will not be binding on Board; is not appealable; and will not limit the Board's
authority to investigate a future application for licensure. However, if the
Board issues a positive or favorable opinion, the Board may elect to adopt such
opinion as the final decision of the Board without further investigation or
hearing. The issuance of a negative or unfavorable opinion will not prohibit a
person from submitting an application for licensure.
A. A person may request a preliminary
advisory opinion regarding the potential effect of the following, but not
limited to:
1. Any criminal conviction(s),
plea(s) of guilt or nolo contendere, deferred judgment(s) and sentence for
criminal offense(s) in a domestic, foreign or military court.
2. Having been enjoined in the immediately
preceding five (5) years under domestic or foreign laws from engaging in
deceptive conduct relating to the origination of a mortgage loan;
3. Having professional licenses,
certifications or registrations issued by Colorado, the District of Columbia,
any other states or foreign countries, revoked or suspended for fraud, theft,
deceit, material misrepresentations or the breach of a fiduciary duty and such
suspension or revocation denied authorization to practices as: a mortgage loan
originator or similar license; real estate broker; real estate appraiser; an
insurance producer; an attorney; a securities broker-dealer; a securities sales
representative; an investment advisor; or an investment advisor representative;
or
4. Having been assessed a civil
or criminal penalty for violating any provision of the Colorado Consumer
Protection Act.
B. A
person requesting an opinion must do so in a form prescribed by the Board. Such
form must be supported and documented by, without limitation, the following:
1. Pending or Past Criminal Record
The required and supplemental documentation as set forth in
Rule 2.11. for any pending or past criminal record.
2. Pending or Past Professional Disciplinary
Action(s)
The documentation as set forth in Rule 2.12. for any pending
or past professional conduct.
