2021 Colorado Code
Title 5 - Consumer Credit Code
Article 21 - Colorado Nonbank Mortgage Servicers Act (Effective January 1, 2022)
§ 5-21-105. Notification by Mortgage Servicers - Rules

1. [ ]
   1. Notification. 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 the notifier's legal name and all trade names used, the address of the notifier's principal office, which may be outside this state, and such other information as the administrator may require.
   2. With every renewal notification or at a date prescribed by rule by the administrator, each notifier shall submit an annual report relating to mortgage servicing by the notifier in the form prescribed by the administrator. Information contained in annual reports is confidential, is not subject to disclosure pursuant to part 2 of article 72 of title 24, and may be published only in composite form.

2. Records retention - records request.
   1. A mortgage servicer shall maintain adequate records for not less than four years following the final payment on the residential mortgage loan, transfer of the mortgage servicing rights, or the assignment of the loan, whichever occurs first. Upon request by the administrator, a mortgage servicer shall make the records available or shall send the records to the administrator by registered or certified mail, return receipt requested, or by any express delivery carrier that provides a dated delivery receipt, not later than thirty business days after requested by the administrator or other method of delivery as agreed to in writing by the administrator, including secure electronic transmission. Upon a notifier's request, the administrator may grant the notifier additional time to make the records available or to send the records to the administrator.
   2. Every mortgage servicer shall maintain records in conformity with this article 21, rules adopted pursuant to this article 21, and generally accepted accounting principles and practices in a manner that will enable the administrator to determine whether the servicer is complying with this article 21. A mortgage servicer's record-keeping system is sufficient if the servicer makes the required information reasonably available. The records need not be kept in the place of business where mortgage loans are serviced if the administrator is given free access to the records wherever located.

History. Source: L. 2021: Entire article added,(HB 21-1282), ch. 482, p. 3438, § 1, effective January 1, 2022.