2020 Colorado Revised Statutes
Title 6 - Consumer And Commercial Affairs
Article 1. Colorado Consumer Protection Act
Section 6-1-1104. Foreclosure consulting contract.
(1) A foreclosure consulting contract shall be in writing and provided to and retained by the home owner, without changes, alterations, or modifications, for review at least twenty-four hours before it is signed by the home owner.
A foreclosure consulting contract shall be printed in at least twelve-point type andshall include the name and address of the foreclosure consultant to which a notice of cancellation can be mailed and the date the home owner signed the contract.
A foreclosure consulting contract shall fully disclose the exact nature of the foreclosure consulting services to be provided and the total amount and terms of any compensation to be received by the foreclosure consultant or associate.
A foreclosure consulting contract shall be dated and personally signed, with eachpage being initialed, by each home owner and the foreclosure consultant and shall be acknowledged by a notary public in the presence of the home owner at the time the contract is signed by the home owner.
A foreclosure consulting contract shall contain the following notice, which shall beprinted in at least fourteen-point bold-faced type, completed with the name of the foreclosure consultant, and located in immediate proximity to the space reserved for the home owner's signature:
Notice Required by Colorado Law
_______ (Name) or (his/her/its) associate cannot ask you to sign or have you sign any document that transfers any interest in your home or property to (him/her/it) or
(his/her/its) associate.
_______ (Name) or (his/her/its) associate cannot guarantee you that they will be able to refinance your home or arrange for you to keep your home.
You may, at any time, cancel this contract, without penalty of any kind.
If you want to cancel this contract, mail or deliver a signed and dated copy of this notice of cancellation, or any other written notice, indicating your intent to cancel to ________________ (name and address of foreclosure consultant) at
______________________ (address of foreclosure consultant, including facsimile and electronic mail address).
As part of any cancellation, you (the home owner) must repay any money actually spent on your behalf by _____________________ (name of foreclosure consultant) prior to receipt of this notice and as a result of this agreement, within sixty days, along with interest at the prime rate published by the federal reserve plus two percentage points, with the total interest rate not to exceed eight percent per year.
This is an important legal contract and could result in the loss of your home. Contact an attorney or a housing counselor approved by the federal department of housing and urban development before signing.
(6) A completed form in duplicate, captioned "Notice of Cancellation" shall accompany the foreclosure consulting contract. The notice of cancellation shall:
Be on a separate sheet of paper attached to the contract;
Be easily detachable; and
Contain the following statement, printed in at least fourteen-point type: Notice of Cancellation
(Date of contract)
To: (name of foreclosure consultant)
(Address of foreclosure consultant, including facsimile and electronic mail)
I hereby cancel this contract.
__________________ (Date)
__________________ (Home owner's signature)
The foreclosure consultant shall provide to the home owner a signed, dated, andacknowledged copy of the foreclosure consulting contract and the attached notice of cancellation immediately upon execution of the contract.
The time during which the home owner may cancel the foreclosure consulting contract does not begin to run until the foreclosure consultant has complied with this section.
Source: L. 2006: Entire part added, p. 1334, § 1, effective May 30. L. 2010: (4) amended, (HB 10-1133), ch. 350, p. 1616, § 3, effective January 1, 2011.
