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2021 Colorado Code
Title 5 - Consumer Credit Code
Article 21 - Colorado Nonbank Mortgage Servicers Act (Effective January 1, 2022)
§ 5-21-113. Civil Actions by the Administrator
Universal Citation: CO Code § 5-21-113 (2021)
- [ ] 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 or other damages suffered by the borrower collected in violation of this article 21 and may also assess civil penalties against the mortgage servicer as set forth in section 5-21-110. If the administrator prevails in an action brought under this section, the administrator may recover reasonable costs in investigating and bringing the action and may recover reasonable attorney fees. When determining whether to seek civil penalties under this section, the administrator shall consider whether the federal consumer financial protection bureau has imposed civil penalties on the same servicer for the same violation and any other mitigating factors, in order to avoid duplicative civil penalties. If the federal consumer financial protection bureau has been awarded and paid civil penalties based on a particular act or omission or a series of acts or omissions, civil penalties under section 5-21-110 that are based on the same acts or omissions are reduced by the same amount or to one thousand five hundred dollars per violation, whichever is less. The administrator shall, to the extent possible, coordinate with the federal consumer financial protection bureau before taking action in order to avoid duplication of investigations and penalties, unless the administrator's investigation or penalties relate to acts or omissions separate from the federal consumer financial protection bureau activities.
- Nothing in this article 21:
- Creates a private right of action; or
- Affects any remedy that a borrower may have pursuant to law other than this article 21.
History. Source: L. 2021: Entire article added, (HB 21-1282), ch. 482, p. 3442, § 1, effective January 1, 2022.
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