Division of Real Estate Division of Real Estate State of Colorado DORA


Mortgage Company Registration

In 2010, the Colorado General Assembly passed House Bill 10-1141.  One of the significant requirements of this legislation is that it requires mortgage companies to be registered on the Nationwide Mortgage Licensing System and Registry (the “NMLS”) on and after January 1, 2011.  The registration process began on October 1, 2010.  In order to register, mortgage companies must adhere to all NMLS policies and pay requisite fees for company registration.  Additionally, mortgage companies must meet the following requirements defined in Section 12-61-903.1, C.R.S.

In order to become registered, a company has to meet two requirements. They are as follows:

  • They are in good standing with the Colorado Secretary of State; and
  • The mortgage company shall not be legally barred from operating in Colorado.

To register on the NMLS, please visit: NMLS Home Web Page

Definition of a mortgage company:

Section 12-61-902(5), C.R.S. defines a mortgage company as a person other than an individual who, through employees or other individuals, takes residential loan applications or offers or negotiates terms of a residential mortgage loan.

Enforcement provisions regarding mortgage companies:

Section 12-61-905.1, C.R.S. – Powers and Duties of Board Over Mortgage Companies:
The Board may deny an application for registration, refuse to renew, suspend or revoke the registration, enter cease and desist orders and impose fines if mortgage companies violate any of the following provisions:

  • If the mortgage company is acting without proper registration;
  • If the mortgage company fails to maintain possession of documents as prescribed by the
    Board;
  • If the mortgage company employs or acts through unlicensed mortgage loan originators; or
  • If the mortgage company engages in non-compliant, false or deceptive advertisements.

The Board may fine mortgage companies who violate the aforementioned standards of conduct. Fines may not exceed one thousand dollars ($1,000.00) per violation in the first administrative proceeding and shall not be less than one thousand dollars ($1,000.00) or more than two thousand dollars ($2,000.00) per violation in subsequent administrative proceedings.

Consumer Protection