1330
Property
Ch. 291
)))))
Capital letters indicate new material added to existing statutes; dashes through words indicate deletions
from existing statutes and such material not part of act.
CHAPTER 291
_______________
PROPERTY
_______________
SENATE BILL 06-071
BY SENATOR(S) Veiga, Jones, Kester, May R., McElhany, and Teck;
also REPRESENTATIVE(S) Massey, Berens, Borodkin, Coleman, Garcia, Jahn, Kerr J., Liston, Merrifield, Riesberg, Solano,
Stafford, and Sullivan.
AN ACT
CONCERNING THE INCREASED REGULATION OF AGREEM ENTS OFFERED TO A HOM E OW NER IN
CONNECTION W ITH FORECLOSURE OF THE HOM E OW NER'S RESIDENCE.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. Article 1 of title 6, Colorado Revised Statutes, is amended BY
THE ADDITION OF A NEW PART to read:
PART 11
COLORADO FORECLOSURE PROTECTION ACT
SUBPART 1
GENERAL PROVISIONS
6-1-1101. Short title. THIS PART 11 SHALL BE KNOWN AND MAY BE CITED AS THE
"COLORADO FORECLOSURE PROTECTION ACT".
6-1-1102. Legislative declaration. THE GENERAL ASSEMBLY HEREBY FINDS,
DETERMINES, AND DECLARES THAT HOME OWNERSHIP AND THE ACCUMULATION OF
EQUITY IN ONE'S HOME PROVIDE SIGNIFICANT SOCIAL AND ECONOMIC BENEFITS TO
THE STATE AND ITS CITIZENS. UNFORTUNATELY, TOO MANY HOME OWNERS IN
FINANCIAL DISTRESS, ESPECIALLY THE POOR, ELDERLY, AND FINANCIALLY
UNSOPHISTICATED, ARE VULNERABLE TO A VARIETY OF DECEPTIVE OR
UNCONSCIONABLE BUSINESS PRACTICES DESIGNED TO DISPOSSESS THEM OR
OTHERWISE STRIP THE EQUITY FROM THEIR HOMES. THERE IS A COMPELLING NEED
TO CURTAIL AND TO PREVENT THE MOST DECEPTIVE AND UNCONSCIONABLE OF
THESE BUSINESS PRACTICES, TO PROVIDE EACH HOME OWNER WITH INFORMATION
NECESSARY TO MAKE AN INFORMED AND INTELLIGENT DECISION REGARDING
Ch. 291
Property
1331
TRANSACTIONS WITH CERTAIN FORECLOSURE CONSULTANTS AND EQUITY
PURCHASERS, TO PROVIDE CERTAIN MINIMUM REQUIREMENTS FOR CONTRACTS
BETWEEN SUCH PARTIES, INCLUDING STATUTORY RIGHTS TO CANCEL SUCH
CONTRACTS, AND TO ENSURE AND FOSTER FAIR DEALING IN THE SALE AND PURCHASE
OF HOMES IN FORECLOSURE. THEREFORE, IT IS THE INTENT OF THE GENERAL
ASSEMBLY THAT ALL VIOLATIONS OF THIS PART 11 HAVE A SIGNIFICANT PUBLIC
IMPACT AND THAT THE TERMS OF THIS PART 11 BE LIBERALLY CONSTRUED TO
ACHIEVE THESE PURPOSES.
6-1-1103. Definitions. AS USED IN THIS PART 11, UNLESS THE CONTEXT
OTHERWISE REQUIRES:
(1) "ASSOCIATE" MEANS A PARTNER, SUBSIDIARY, AFFILIATE, AGENT, OR ANY
OTHER PERSON WORKING IN ASSOCIATION WITH A FORECLOSURE CONSULTANT OR AN
EQUITY PURCHASER. "ASSOCIATE" DOES NOT INCLUDE A PERSON WHO IS EXCLUDED
FROM THE DEFINITION OF AN "EQUITY PURCHASER" OR A "FORECLOSURE
CONSULTANT".
(2) "EQUITY PURCHASER" MEANS A PERSON WHO, IN THE COURSE OF THE PERSON'S
BUSINESS, VOCATION, OR OCCUPATION, ACQUIRES TITLE TO A RESIDENCE IN
FORECLOSURE; EXCEPT THAT THE TERM DOES NOT INCLUDE A PERSON WHO
ACQUIRES SUCH TITLE:
(a) FOR THE PURPOSE OF USING SUCH PROPERTY AS HIS OR HER PERSONAL
RESIDENCE FOR AT LEAST ONE YEAR;
(b) BY A DEED IN LIEU OF FORECLOSURE TO THE HOLDER OF AN EVIDENCE OF
DEBT, OR AN ASSOCIATE OF THE HOLDER OF AN EVIDENCE OF DEBT, OF A
CONSENSUAL LIEN OR ENCUMBRANCE OF RECORD IF SUCH CONSENSUAL LIEN OR
ENCUMBRANCE IS RECORDED IN THE REAL PROPERTY RECORDS OF THE CLERK AND
RECORDER OF THE COUNTY WHERE THE RESIDENCE IN FORECLOSURE IS LOCATED
PRIOR TO THE RECORDING OF THE NOTICE OF ELECTION AND DEMAND FOR SALE
REQUIRED UNDER SECTION 38-38-101, C.R.S.;
(c) BY A DEED FROM THE PUBLIC TRUSTEE OR A COUNTY SHERIFF AS A RESULT OF
A FORECLOSURE SALE CONDUCTED PURSUANT TO ARTICLE 38 OF TITLE 38, C.R.S.;
(d) AT A SALE OF PROPERTY AUTHORIZED BY STATUTE;
(e) BY ORDER OR JUDGMENT OF ANY COURT;
(f) FROM THE PERSON'S SPOUSE, RELATIVE, OR RELATIVE OF A SPOUSE, BY THE
HALF OR WHOLE BLOOD OR BY ADOPTION, OR FROM A GUARDIAN, CONSERVATOR, OR
PERSONAL REPRESENTATIVE OF A PERSON IDENTIFIED IN THIS PARAGRAPH (f); OR
(g) WHILE PERFORMING SERVICES AS A PART OF A PERSON'S NORMAL BUSINESS
ACTIVITIES UNDER ANY LAW OF THIS STATE OR THE UNITED STATES THAT
REGULATES BANKS, TRUST COMPANIES, SAVINGS AND LOAN ASSOCIATIONS, CREDIT
UNIONS, INSURANCE COMPANIES, TITLE INSURERS, INSURANCE PRODUCERS, OR
ESCROW COMPANIES AUTHORIZED TO CONDUCT BUSINESS IN THE STATE, AN
AFFILIATE OR SUBSIDIARY OF SUCH PERSON, OR AN EMPLOYEE OR AGENT ACTING ON
1332
Property
Ch. 291
BEHALF OF SUCH PERSON.
(3) "EVIDENCE OF DEBT" MEANS A WRITING THAT EVIDENCES A PROMISE TO PAY
OR A RIGHT TO THE PAYMENT OF A MONETARY OBLIGATION, SUCH AS A PROMISSORY
NOTE, BOND, NEGOTIABLE INSTRUMENT, A LOAN, CREDIT, OR SIMILAR AGREEMENT,
OR A MONETARY JUDGMENT ENTERED BY A COURT OF COMPETENT JURISDICTION.
(4) (a) "FORECLOSURE CONSULTANT" MEANS A PERSON WHO DOES NOT, DIRECTLY
OR THROUGH AN ASSOCIATE, TAKE OR ACQUIRE ANY INTEREST IN OR TITLE TO THE
RESIDENCE IN FORECLOSURE AND WHO, IN THE COURSE OF SUCH PERSON'S BUSINESS,
VOCATION, OR OCCUPATION, MAKES A SOLICITATION, REPRESENTATION, OR OFFER
TO A HOME OWNER TO PERFORM, IN EXCHANGE FOR COMPENSATION FROM THE HOME
OWNER OR FROM THE PROCEEDS OF ANY LOAN OR ADVANCE OF FUNDS, A SERVICE
THAT THE PERSON REPRESENTS WILL DO ANY OF THE FOLLOWING:
(I) STOP OR POSTPONE A FORECLOSURE SALE;
(II) OBTAIN A FORBEARANCE FROM A BENEFICIARY UNDER A DEED OF TRUST,
MORTGAGE, OR OTHER LIEN;
(III) ASSIST THE HOME OWNER IN EXERCISING A RIGHT TO CURE A DEFAULT AS
PROVIDED IN ARTICLE 38 OF TITLE 38, C.R.S.;
(IV) OBTAIN AN EXTENSION OF THE PERIOD WITHIN WHICH THE HOME OWNER MAY
CURE A DEFAULT AS PROVIDED IN ARTICLE 38 OF TITLE 38, C.R.S.;
(V) OBTAIN A WAIVER OF AN ACCELERATION CLAUSE CONTAINED IN AN EVIDENCE
OF DEBT SECURED BY A DEED OF TRUST, MORTGAGE, OR OTHER LIEN ON A RESIDENCE
IN FORECLOSURE OR CONTAINED IN SUCH DEED OF TRUST, MORTGAGE, OR OTHER
LIEN;
(VI) ASSIST THE HOME OWNER TO OBTAIN A LOAN OR ADVANCE OF FUNDS;
(VII) AVOID OR REDUCE THE IMPAIRMENT OF THE HOME OWNER'S CREDIT
RESULTING FROM THE RECORDING OF A NOTICE OF ELECTION AND DEMAND FOR SALE,
COMMENCEMENT OF A JUDICIAL FORECLOSURE ACTION, OR DUE TO ANY
FORECLOSURE SALE OR THE GRANTING OF A DEED IN LIEU OF FORECLOSURE OR
RESULTING FROM ANY LATE PAYMENT OR OTHER FAILURE TO PAY OR PERFORM
UNDER THE EVIDENCE OF DEBT, THE DEED OF TRUST, OR OTHER LIEN SECURING SUCH
EVIDENCE OF DEBT;
(VIII) IN ANY WAY DELAY, HINDER, OR PREVENT THE FORECLOSURE UPON THE
HOME OWNER'S RESIDENCE; OR
(IX) ASSIST THE HOME OWNER IN OBTAINING FROM THE BENEFICIARY,
MORTGAGEE, OR GRANTEE OF THE LIEN IN FORECLOSURE, OR FROM COUNSEL FOR
SUCH BENEFICIARY, MORTGAGEE, OR GRANTEE, THE REMAINING OR EXCESS
PROCEEDS FROM THE FORECLOSURE SALE OF THE RESIDENCE IN FORECLOSURE.
(b) THE TERM "FORECLOSURE CONSULTANT" DOES NOT INCLUDE:
Ch. 291
Property
1333
(I) A PERSON LICENSED TO PRACTICE LAW IN THIS STATE, WHILE PERFORMING ANY
ACTIVITY RELATED TO THE PERSON'S ATTORNEY-CLIENT RELATIONSHIP WITH A HOME
OWNER OR ANY ACTIVITY RELATED TO THE PERSON'S ATTORNEY-CLIENT
RELATIONSHIP WITH THE BENEFICIARY, MORTGAGEE, GRANTEE, OR HOLDER OF ANY
LIEN BEING ENFORCED BY WAY OF FORECLOSURE;
(II) A HOLDER OR SERVICER OF AN EVIDENCE OF DEBT OR THE ATTORNEY FOR THE
HOLDER OR SERVICER OF AN EVIDENCE OF DEBT SECURED BY A DEED OF TRUST OR
OTHER LIEN ON ANY RESIDENCE IN FORECLOSURE WHILE THE PERSON PERFORMS
SERVICES IN CONNECTION WITH THE EVIDENCE OF DEBT, LIEN, DEED OF TRUST, OR
OTHER LIEN SECURING SUCH DEBT;
(III) A PERSON DOING BUSINESS UNDER ANY LAW OF THIS STATE OR THE UNITED
STATES, WHICH LAW REGULATES BANKS, TRUST COMPANIES, SAVINGS AND LOAN
ASSOCIATIONS, CREDIT UNIONS,
INSURANCE COMPANIES, TITLE INSURERS,
INSURANCE PRODUCERS, OR ESCROW COMPANIES AUTHORIZED TO CONDUCT
BUSINESS IN THE STATE, WHILE THE PERSON PERFORMS SERVICES AS PART OF THE
PERSON'S NORMAL BUSINESS ACTIVITIES, AN AFFILIATE OR SUBSIDIARY OF ANY OF
THE FOREGOING, OR AN EMPLOYEE OR AGENT ACTING ON BEHALF OF ANY OF THE
FOREGOING;
(IV) A PERSON ORIGINATING OR CLOSING A LOAN IN A PERSON'S NORMAL COURSE
OF BUSINESS IF, AS TO THAT LOAN:
(A) THE LOAN IS SUBJECT TO THE REQUIREMENTS OF THE FEDERAL "REAL ESTATE
SETTLEMENT PROCEDURES ACT", 12 U.S.C. SEC. 2601 TO 2617; OR
(B) WITH RESPECT TO ANY SECOND MORTGAGE OR HOME EQUITY LINE OF CREDIT,
THE LOAN IS SUBORDINATE TO AND CLOSED SIMULTANEOUSLY WITH A QUALIFIED
FIRST MORTGAGE LOAN UNDER SUB-SUBPARAGRAPH (A) OF THIS SUBPARAGRAPH
(IV) OR IS INITIALLY PAYABLE ON THE FACE OF THE NOTE OR CONTRACT TO AN
ENTITY INCLUDED IN SUBPARAGRAPH (III) OF THIS PARAGRAPH (b);
(V) A JUDGMENT CREDITOR OF THE HOME OWNER, IF THE JUDGMENT IS RECORDED
IN THE REAL PROPERTY RECORDS OF THE CLERK AND RECORDER OF THE COUNTY
WHERE THE RESIDENCE IN FORECLOSURE IS LOCATED AND THE LEGAL ACTION GIVING
RISE TO THE JUDGMENT WAS COMMENCED BEFORE THE NOTICE OF ELECTION AND
DEMAND FOR SALE REQUIRED UNDER SECTION 38-38-101, C.R.S.;
(VI) A TITLE INSURANCE COMPANY OR TITLE INSURANCE AGENT AUTHORIZED TO
CONDUCT BUSINESS IN THIS STATE, WHILE PERFORMING TITLE INSURANCE AND
SETTLEMENT SERVICES;
(VII) A PERSON LICENSED AS A REAL ESTATE BROKER OR REAL ESTATE
SALESPERSON UNDER ARTICLE 61 OF TITLE 12, C.R.S., WHILE THE PERSON ENGAGES
IN ANY ACTIVITY FOR WHICH THE PERSON IS LICENSED; OR
(VIII) A NONPROFIT ORGANIZATION THAT SOLELY OFFERS COUNSELING OR ADVICE
TO HOME OWNERS IN FORECLOSURE OR LOAN DEFAULT, UNLESS THE ORGANIZATION
IS AN ASSOCIATE OF THE FORECLOSURE CONSULTANT.
1334
Property
Ch. 291
(5) "FORECLOSURE CONSULTING CONTRACT" MEANS ANY AGREEMENT BETWEEN
A FORECLOSURE CONSULTANT AND A HOME OWNER.
(6) "HOLDER OF EVIDENCE OF DEBT" MEANS THE PERSON IN ACTUAL POSSESSION
OF OR OTHERWISE ENTITLED TO ENFORCE AN EVIDENCE OF DEBT; EXCEPT THAT
"HOLDER OF EVIDENCE OF DEBT" DOES NOT INCLUDE A PERSON ACTING AS A
NOMINEE SOLELY FOR THE PURPOSE OF HOLDING THE EVIDENCE OF DEBT OR DEED OF
TRUST AS AN ELECTRONIC REGISTRY WITHOUT ANY AUTHORITY TO ENFORCE THE
EVIDENCE OF DEBT OR DEED OF TRUST. THE FOLLOWING PERSONS ARE PRESUMED TO
BE THE HOLDER OF EVIDENCE OF DEBT:
(a) THE PERSON WHO IS THE OBLIGEE OF AND WHO IS IN POSSESSION OF AN
ORIGINAL EVIDENCE OF DEBT;
(b) THE PERSON IN POSSESSION OF AN ORIGINAL EVIDENCE OF DEBT TOGETHER
WITH THE PROPER INDORSEMENT OR ASSIGNMENT THEREOF TO SUCH PERSON IN
ACCORDANCE WITH SECTION 38-38-101 (6), C.R.S.;
(c) THE PERSON IN POSSESSION OF A NEGOTIABLE INSTRUMENT EVIDENCING A
DEBT, WHICH HAS BEEN DULY NEGOTIATED TO SUCH PERSON OR TO BEARER OR
INDORSED IN BLANK; OR
(d) THE PERSON IN POSSESSION OF AN EVIDENCE OF DEBT WITH AUTHORITY,
WHICH MAY BE GRANTED BY THE ORIGINAL EVIDENCE OF DEBT OR DEED OF TRUST,
TO ENFORCE THE EVIDENCE OF DEBT AS AGENT, NOMINEE, OR TRUSTEE OR IN A
SIMILAR CAPACITY FOR THE OBLIGEE OF THE EVIDENCE OF DEBT.
(7) "HOME OWNER" MEANS THE OWNER OF A RESIDENCE IN FORECLOSURE,
INCLUDING A VENDEE UNDER A CONTRACT FOR DEED TO REAL PROPERTY, AS THAT
TERM IS DEFINED IN SECTION 38-35-126 (1) (b), C.R.S.
(8) "RESIDENCE IN FORECLOSURE" MEANS A RESIDENCE OR DWELLING, AS
DEFINED IN SECTIONS 5-1-201 AND 5-1-301, C.R.S., THAT IS OCCUPIED AS THE HOME
OWNER'S PRINCIPAL PLACE OF RESIDENCE AND AGAINST WHICH ANY TYPE OF
FORECLOSURE ACTION HAS BEEN COMMENCED.
SUBPART 2
FORECLOSURE CONSULTANTS
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.
(2) A FORECLOSURE CONSULTING CONTRACT SHALL BE PRINTED IN AT LEAST
TWELVE-POINT TYPE AND SHALL 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.
(3) A FORECLOSURE CONSULTING CONTRACT SHALL FULLY DISCLOSE THE EXACT
NATURE OF THE FORECLOSURE CONSULTING SERVICES TO BE PROVIDED AND THE
Ch. 291
Property
1335
TOTAL AMOUNT AND TERMS OF ANY COMPENSATION TO BE RECEIVED BY THE
FORECLOSURE CONSULTANT OR ASSOCIATE.
(4) A FORECLOSURE CONSULTING CONTRACT SHALL BE DATED AND PERSONALLY
SIGNED, WITH EACH PAGE BEING INITIALED, BY EACH HOME OWNER OF THE
RESIDENCE IN FORECLOSURE 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.
(5) A FORECLOSURE CONSULTING CONTRACT SHALL CONTAIN THE FOLLOWING
NOTICE, WHICH SHALL BE PRINTED 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:
1336
Property
Ch. 291
(a) BE ON A SEPARATE SHEET OF PAPER ATTACHED TO THE CONTRACT;
(b) BE EASILY DETACHABLE; AND
(c) 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)
(7) THE FORECLOSURE CONSULTANT SHALL PROVIDE TO THE HOME OWNER A
SIGNED, DATED, AND ACKNOWLEDGED COPY OF THE FORECLOSURE CONSULTING
CONTRACT AND THE ATTACHED NOTICE OF CANCELLATION IMMEDIATELY UPON
EXECUTION OF THE CONTRACT.
(8) 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.
6-1-1105. Right of cancellation. (1) IN ADDITION TO ANY RIGHT OF RESCISSION
AVAILABLE UNDER STATE OR FEDERAL LAW, THE HOME OWNER HAS THE RIGHT TO
CANCEL A FORECLOSURE CONSULTING CONTRACT AT ANY TIME.
(2) CANCELLATION OCCURS WHEN THE HOME OWNER GIVES WRITTEN NOTICE OF
CANCELLATION OF THE FORECLOSURE CONSULTING CONTRACT TO THE FORECLOSURE
CONSULTANT AT THE ADDRESS SPECIFIED IN THE CONTRACT OR THROUGH ANY
FACSIMILE OR ELECTRONIC MAIL ADDRESS IDENTIFIED IN THE CONTRACT OR OTHER
MATERIALS PROVIDED TO THE HOME OWNER BY THE FORECLOSURE CONSULTANT.
(3) NOTICE OF CANCELLATION, IF GIVEN BY MAIL, IS EFFECTIVE WHEN DEPOSITED
IN THE UNITED STATES MAIL, PROPERLY ADDRESSED, WITH POSTAGE PREPAID.
(4) NOTICE OF CANCELLATION NEED NOT BE IN THE FORM PROVIDED WITH THE
CONTRACT AND IS EFFECTIVE, HOWEVER EXPRESSED, IF IT INDICATES THE INTENTION
OF THE HOME OWNER TO CANCEL THE FORECLOSURE CONSULTING CONTRACT.
(5) AS PART OF THE CANCELLATION OF A FORECLOSURE CONSULTING CONTRACT,
THE HOME OWNER SHALL REPAY, WITHIN SIXTY DAYS AFTER THE DATE OF
CANCELLATION, ALL FUNDS PAID OR ADVANCED IN GOOD FAITH PRIOR TO THE
RECEIPT OF NOTICE OF CANCELLATION BY THE FORECLOSURE CONSULTANT OR
Ch. 291
Property
1337
ASSOCIATE UNDER THE TERMS OF THE FORECLOSURE CONSULTING CONTRACT,
TOGETHER 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, FROM THE DATE OF EXPENDITURE UNTIL REPAID BY THE
HOME OWNER.
(6) THE RIGHT TO CANCEL MAY NOT BE CONDITIONED ON THE REPAYMENT OF ANY
FUNDS.
6-1-1106. Waiver of rights - void. (1) A PROVISION IN A FORECLOSURE
CONSULTING CONTRACT IS VOID AS AGAINST PUBLIC POLICY IF THE PROVISION
ATTEMPTS OR PURPORTS TO:
(a) WAIVE ANY OF THE RIGHTS SPECIFIED IN THIS SUBPART 2 OR THE RIGHT TO A
JURY TRIAL;
(b) CONSENT TO JURISDICTION FOR LITIGATION OR CHOICE OF LAW IN A STATE
OTHER THAN COLORADO;
(c) CONSENT TO VENUE IN A COUNTY OTHER THAN THE COUNTY IN WHICH THE
PROPERTY IS LOCATED; OR
(d) IMPOSE ANY COSTS OR FEES GREATER THAN THE ACTUAL COSTS AND FEES.
6-1-1107. Prohibited acts. (1) A FORECLOSURE CONSULTANT MAY NOT:
(a) CLAIM, DEMAND, CHARGE, COLLECT, OR RECEIVE ANY COMPENSATION UNTIL
AFTER THE FORECLOSURE CONSULTANT HAS FULLY PERFORMED EACH AND EVERY
SERVICE THE FORECLOSURE CONSULTANT CONTRACTED TO PERFORM OR
REPRESENTED THAT THE FORECLOSURE CONSULTANT WOULD PERFORM;
(b) CLAIM, DEMAND, CHARGE, COLLECT, OR RECEIVE ANY INTEREST OR ANY
OTHER COMPENSATION FOR A LOAN THAT THE FORECLOSURE CONSULTANT MAKES
TO THE HOME OWNER THAT EXCEEDS THE PRIME RATE PUBLISHED BY THE FEDERAL
RESERVE AT THE TIME OF ANY LOAN PLUS TWO PERCENTAGE POINTS, WITH THE
TOTAL INTEREST RATE NOT TO EXCEED EIGHT PERCENT PER YEAR;
(c) TAKE A WAGE ASSIGNMENT, LIEN OF ANY TYPE ON REAL OR PERSONAL
PROPERTY, OR OTHER SECURITY TO SECURE THE PAYMENT OF COMPENSATION;
(d) RECEIVE ANY CONSIDERATION FROM A THIRD PARTY IN CONNECTION WITH
FORECLOSURE CONSULTING SERVICES PROVIDED TO A HOME OWNER UNLESS THE
CONSIDERATION IS FIRST FULLY DISCLOSED IN WRITING TO THE HOME OWNER;
(e) ACQUIRE AN INTEREST, DIRECTLY, INDIRECTLY, OR THROUGH AN ASSOCIATE,
IN THE REAL OR PERSONAL PROPERTY OF A HOME OWNER WITH WHOM THE
FORECLOSURE CONSULTANT HAS CONTRACTED;
(f) OBTAIN A POWER OF ATTORNEY FROM A HOME OWNER FOR ANY PURPOSE
OTHER THAN TO INSPECT DOCUMENTS AS PROVIDED BY LAW; OR
1338
Property
Ch. 291
(g) INDUCE OR ATTEMPT TO INDUCE A HOME OWNER TO ENTER INTO A
FORECLOSURE CONSULTING CONTRACT THAT DOES NOT COMPLY IN ALL RESPECTS
WITH THIS SUBPART 2.
6-1-1108. Criminal penalties. A PERSON WHO VIOLATES SECTION 6-1-1107 IS
GUILTY OF A MISDEMEANOR, AS DEFINED IN SECTION 18-1.3-504, C.R.S., AND SHALL
BE SUBJECT TO IMPRISONMENT IN COUNTY JAIL FOR UP TO ONE YEAR, A FINE OF UP
TO TWENTY-FIVE THOUSAND DOLLARS, OR BOTH.
6-1-1109. Unconscionability. (1) A FORECLOSURE CONSULTANT OR ASSOCIATE
MAY NOT FACILITATE OR ENGAGE IN ANY TRANSACTION THAT IS UNCONSCIONABLE
GIVEN THE TERMS AND CIRCUMSTANCES OF THE TRANSACTION.
(2) (a) IF A COURT, AS A MATTER OF LAW, FINDS A FORECLOSURE CONSULTANT
CONTRACT OR ANY CLAUSE OF SUCH CONTRACT TO HAVE BEEN UNCONSCIONABLE
AT THE TIME IT WAS MADE, THE COURT MAY REFUSE TO ENFORCE THE CONTRACT,
ENFORCE THE REMAINDER OF THE CONTRACT WITHOUT THE UNCONSCIONABLE
CLAUSE, OR SO LIMIT THE APPLICATION OF ANY UNCONSCIONABLE CLAUSE AS TO
AVOID AN UNCONSCIONABLE RESULT.
(b) WHEN IT IS CLAIMED OR APPEARS TO THE COURT THAT A FORECLOSURE
CONSULTANT CONTRACT OR ANY CLAUSE OF SUCH CONTRACT MAY BE
UNCONSCIONABLE, THE PARTIES SHALL BE AFFORDED A REASONABLE OPPORTUNITY
TO PRESENT EVIDENCE AS TO ITS COMMERCIAL SETTING, PURPOSE, AND EFFECT, TO
AID THE COURT IN MAKING THE DETERMINATION.
(c) IN ORDER TO SUPPORT A FINDING OF UNCONSCIONABILITY, THERE MUST BE
EVIDENCE OF SOME BAD FAITH OVERREACHING ON THE PART OF THE FORECLOSURE
CONSULTANT OR ASSOCIATE SUCH AS THAT WHICH RESULTS FROM AN
UNREASONABLE INEQUALITY OF BARGAINING POWER OR OTHER CIRCUMSTANCES IN
WHICH THERE IS AN ABSENCE OF MEANINGFUL CHOICE FOR ONE OF THE PARTIES,
TOGETHER WITH CONTRACT TERMS THAT ARE, UNDER STANDARD INDUSTRY
PRACTICES, UNREASONABLY FAVORABLE TO THE FORECLOSURE CONSULTANT OR
ASSOCIATE.
6-1-1110. Language. A FORECLOSURE CONSULTING CONTRACT, AND ALL
NOTICES OF CANCELLATION PROVIDED FOR THEREIN, SHALL BE WRITTEN IN ENGLISH
AND SHALL BE ACCOMPANIED BY A WRITTEN TRANSLATION FROM ENGLISH INTO ANY
OTHER LANGUAGE PRINCIPALLY SPOKEN BY THE HOME OWNER, CERTIFIED BY THE
PERSON MAKING THE TRANSLATION AS A TRUE AND CORRECT TRANSLATION OF THE
ENGLISH VERSION. THE TRANSLATED VERSION SHALL BE PRESUMED TO HAVE EQUAL
STATUS AND CREDIBILITY AS THE ENGLISH VERSION.
SUBPART 3
EQUITY PURCHASERS
6-1-1111. Written contract required. EVERY CONTRACT SHALL BE WRITTEN IN
AT LEAST TWELVE-POINT BOLD-FACED TYPE AND FULLY COMPLETED, SIGNED, AND
DATED BY THE HOME OWNER AND EQUITY PURCHASER PRIOR TO THE EXECUTION OF
ANY INSTRUMENT QUIT-CLAIMING, ASSIGNING, TRANSFERRING, CONVEYING, OR
ENCUMBERING AN INTEREST IN THE RESIDENCE IN FORECLOSURE.
Ch. 291
Property
1339
6-1-1112. Written contract - contents - notice. (1) EVERY CONTRACT SHALL
CONTAIN THE ENTIRE AGREEMENT OF THE PARTIES AND SHALL INCLUDE THE
FOLLOWING TERMS:
(a) THE NAME, BUSINESS ADDRESS, AND TELEPHONE NUMBER OF THE EQUITY
PURCHASER;
(b) THE STREET ADDRESS AND FULL LEGAL DESCRIPTION OF THE RESIDENCE IN
FORECLOSURE;
(c) CLEAR AND CONSPICUOUS DISCLOSURE OF ANY FINANCIAL OR LEGAL
OBLIGATIONS OF THE HOME OWNER THAT WILL BE ASSUMED BY THE EQUITY
PURCHASER. IF THE EQUITY PURCHASER WILL NOT BE ASSUMING ANY FINANCIAL OR
LEGAL OBLIGATIONS OF THE HOME OWNER, THE EQUITY PURCHASER SHALL PROVIDE
TO THE HOME OWNER A SEPARATE WRITTEN DISCLOSURE THAT SUBSTANTIALLY
COMPLIES WITH SECTION 18-5-802 (6), C.R.S.
(d) THE TOTAL CONSIDERATION TO BE PAID BY THE EQUITY PURCHASER IN
CONNECTION WITH OR INCIDENT TO THE ACQUISITION BY THE EQUITY PURCHASER OF
THE RESIDENCE IN FORECLOSURE;
(e) THE TERMS OF PAYMENT OR OTHER CONSIDERATION, INCLUDING, BUT NOT
LIMITED TO, ANY SERVICES OF ANY NATURE THAT THE EQUITY PURCHASER
REPRESENTS WILL BE PERFORMED FOR THE HOME OWNER BEFORE OR AFTER THE
SALE;
(f) THE DATE AND TIME WHEN POSSESSION OF THE RESIDENCE IN FORECLOSURE
IS TO BE TRANSFERRED TO THE EQUITY PURCHASER;
(g) THE TERMS OF ANY RENTAL AGREEMENT OR LEASE;
(h) THE SPECIFICATIONS OF ANY OPTION OR RIGHT TO REPURCHASE THE
RESIDENCE IN FORECLOSURE, INCLUDING THE SPECIFIC AMOUNTS OF ANY ESCROW
DEPOSIT, DOWN PAYMENT, PURCHASE PRICE, CLOSING COSTS, COMMISSIONS, OR
OTHER FEES OR COSTS;
(i) A NOTICE OF CANCELLATION AS PROVIDED IN SECTION 6-1-1114; AND
(j) THE FOLLOWING NOTICE, IN AT LEAST FOURTEEN-POINT BOLD-FACED TYPE,
AND COMPLETED WITH THE NAME OF THE EQUITY PURCHASER, IMMEDIATELY ABOVE
THE STATEMENT REQUIRED BY SECTION 6-1-1114:
NOTICE REQUIRED BY COLORADO LAW
UNTIL YOUR RIGHT TO CANCEL THIS CONTRACT HAS ENDED, (NAME)
OR ANYONE WORKING FOR __________ (NAME) CANNOT ASK YOU TO SIGN
OR HAVE YOU SIGN ANY DEED OR ANY OTHER DOCUMENT.
(2) THE CONTRACT REQUIRED BY THIS SECTION SURVIVES DELIVERY OF ANY
INSTRUMENT OF CONVEYANCE OF THE RESIDENCE IN FORECLOSURE, BUT DOES NOT
HAVE ANY EFFECT ON PERSONS OTHER THAN THE PARTIES TO THE CONTRACT OR
1340
Property
Ch. 291
AFFECT TITLE TO THE RESIDENCE IN FORECLOSURE.
6-1-1113. Cancellation. (1) IN ADDITION TO ANY RIGHT OF RESCISSION
AVAILABLE UNDER STATE OR FEDERAL LAW, THE HOME OWNER HAS THE RIGHT TO
CANCEL A CONTRACT WITH AN EQUITY PURCHASER UNTIL 12 MIDNIGHT OF THE THIRD
BUSINESS DAY FOLLOWING THE DAY ON WHICH THE HOME OWNER SIGNS A CONTRACT
THAT COMPLIES WITH THIS PART 11 OR UNTIL 12 NOON ON THE DAY BEFORE THE
FORECLOSURE SALE OF THE RESIDENCE IN FORECLOSURE, WHICHEVER OCCURS FIRST.
(2) CANCELLATION OCCURS WHEN THE HOME OWNER PERSONALLY DELIVERS
WRITTEN NOTICE OF CANCELLATION TO THE ADDRESS SPECIFIED IN THE CONTRACT
OR UPON DEPOSIT OF SUCH NOTICE IN THE UNITED STATES MAIL, PROPERLY
ADDRESSED, WITH POSTAGE PREPAID.
(3) A NOTICE OF CANCELLATION GIVEN BY THE HOME OWNER NEED NOT TAKE THE
PARTICULAR FORM AS PROVIDED WITH THE CONTRACT AND, HOWEVER EXPRESSED,
IS EFFECTIVE IF IT INDICATES THE INTENTION OF THE HOME OWNER NOT TO BE BOUND
BY THE CONTRACT.
(4) IN THE ABSENCE OF ANY WRITTEN NOTICE OF CANCELLATION FROM THE HOME
OWNER, THE EXECUTION BY THE HOME OWNER OF A DEED OR OTHER INSTRUMENT OF
CONVEYANCE OF AN INTEREST IN THE RESIDENCE IN FORECLOSURE TO THE EQUITY
PURCHASER AFTER THE EXPIRATION OF THE RESCISSION PERIOD CREATES A
REBUTTABLE PRESUMPTION THAT THE HOME OWNER DID NOT CANCEL THE
CONTRACT WITH THE EQUITY PURCHASER.
6-1-1114. Notice of cancellation. (1) (a) THE CONTRACT SHALL CONTAIN, AS
THE LAST PROVISION BEFORE THE SPACE RESERVED FOR THE HOME OWNER'S
SIGNATURE, A CONSPICUOUS STATEMENT IN AT LEAST TWELVE-POINT BOLD-FACED
TYPE, AS FOLLOWS:
YOU MAY CANCEL THIS CONTRACT FOR THE SALE OF YOUR HOUSE WITHOUT
A N Y P E N A L T Y O R O B L I G A T I O N A T A N Y T I M E B E F O R E
_______________________(DATE AND TIME OF DAY). SEE THE ATTACHED
NOTICE OF CANCELLATION FORM FOR AN EXPLANATION OF THIS RIGHT.
(b) THE EQUITY PURCHASER SHALL ACCURATELY SPECIFY THE DATE AND TIME OF
DAY ON WHICH THE CANCELLATION RIGHT ENDS.
(2) THE CONTRACT SHALL BE ACCOMPANIED BY DUPLICATE COMPLETED FORMS,
CAPTIONED "NOTICE OF CANCELLATION" IN AT LEAST TWELVE-POINT BOLD-FACED
TYPE IF THE CONTRACT IS PRINTED OR IN CAPITAL LETTERS IF THE CONTRACT IS
TYPED, FOLLOWED BY A SPACE IN WHICH THE EQUITY PURCHASER SHALL ENTER THE
DATE ON WHICH THE HOME OWNER EXECUTED THE CONTRACT. SUCH FORM SHALL:
(a) BE ATTACHED TO THE CONTRACT;
(b) BE EASILY DETACHABLE; AND
(c) CONTAIN THE FOLLOWING STATEMENT, IN AT LEAST TEN-POINT TYPE IF THE
CONTRACT IS PRINTED OR IN CAPITAL LETTERS IF THE CONTRACT IS TYPED:
Ch. 291
Property
1341
NOTICE OF CANCELLATION
______________________________(ENTER DATE CONTRACT SIGNED). YOU
MAY CANCEL THIS CONTRACT FOR THE SALE OF YOUR HOUSE, WITHOUT ANY
PENALTY OR OBLIGATION, AT ANY TIME BEFORE ________________________
(ENTER DATE AND TIME OF DAY). TO CANCEL THIS TRANSACTION, PERSONALLY
DELIVER A SIGNED AND DATED COPY OF THIS NOTICE OF CANCELLATION IN THE
U N I T E D S T A T E S M A I L ,
P O S T A G E
P R E P A I D ,
T O
_______________________________, (NAME OF PURCHASER) AT
_________________________ (STREET ADDRESS OF PURCHASER'S PLACE OF
BUSINESS) NOT LATER THAN ________________________(ENTER DATE
AND TIME OF DAY).
I HEREBY CA NCEL THIS TRANSACTION
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ______ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ (D A T E )
_______________________________________(SELLER'S SIGNATURE)
(3) THE EQUITY PURCHASER SHALL PROVIDE THE HOME OWNER WITH A COPY OF
THE CONTRACT AND THE ATTACHED NOTICE OF CANCELLATION.
(4) UNTIL THE EQUITY PURCHASER HAS COMPLIED WITH THIS SECTION, THE HOME
OWNER MAY CANCEL THE CONTRACT.
6-1-1115. Options through reconveyances. (1) A TRANSACTION IN WHICH A
HOME OWNER PURPORTS TO GRANT A RESIDENCE IN FORECLOSURE TO AN EQUITY
PURCHASER BY AN INSTRUMENT THAT APPEARS TO BE AN ABSOLUTE CONVEYANCE
AND RESERVES TO THE HOME OWNER OR IS GIVEN BY THE EQUITY PURCHASER AN
OPTION TO REPURCHASE SHALL BE PERMITTED ONLY WHERE ALL OF THE FOLLOWING
CONDITIONS HAVE BEEN MET:
(a) THE RECONVEYANCE CONTRACT COMPLIES IN ALL RESPECTS WITH SECTION
6-1-1112;
(b) THE RECONVEYANCE CONTRACT PROVIDES THE HOME OWNER WITH A
NONWAIVABLE THIRTY-DAY RIGHT TO CURE ANY DEFAULT OF SAID RECONVEYANCE
CONTRACT AND SPECIFIES THAT THE HOME OWNER MAY EXERCISE THIS RIGHT TO
CURE ON AT LEAST THREE SEPARATE OCCASIONS DURING SUCH RECONVEYANCE
CONTRACT;
(c) THE EQUITY PURCHASER FULLY ASSUMES OR DISCHARGES THE LIEN IN
FORECLOSURE AS WELL AS ANY PRIOR LIENS THAT WILL NOT BE EXTINGUISHED BY
SUCH FORECLOSURE, WHICH ASSUMPTION OR DISCHARGE SHALL BE ACCOMPLISHED
WITHOUT VIOLATION OF THE TERMS AND CONDITIONS OF THE LIENS BEING ASSUMED
OR DISCHARGED;
(d) THE EQUITY PURCHASER VERIFIES AND CAN DEMONSTRATE THAT THE HOME
OWNER HAS OR WILL HAVE A REASONABLE ABILITY TO MAKE THE LEASE PAYMENTS
AND TO REPURCHASE THE RESIDENCE IN FORECLOSURE WITHIN THE TERM OF THE
OPTION TO REPURCHASE UNDER THE RECONVEYANCE CONTRACT. FOR PURPOSES OF
THIS SECTION, THERE IS A REBUTTABLE PRESUMPTION THAT THE HOME OWNER HAS
A REASONABLE ABILITY TO MAKE LEASE PAYMENTS AND TO REPURCHASE THE
RESIDENCE IN FORECLOSURE IF THE HOME OWNER'S PAYMENTS FOR PRIMARY
HOUSING EXPENSES AND REGULAR PRINCIPAL AND INTEREST PAYMENTS ON OTHER
1342
Property
Ch. 291
PERSONAL DEBT DO NOT EXCEED SIXTY PERCENT OF THE HOME OWNER'S MONTHLY
GROSS INCOME; AND
(e) THE PRICE THE HOME OWNER MUST PAY TO EXERCISE THE OPTION TO
REPURCHASE THE RESIDENCE IN FORECLOSURE IS NOT UNCONSCIONABLE. WITHOUT
LIMITATION ON AVAILABLE CLAIMS UNDER SECTION 6-1-1119, A REPURCHASE PRICE
EXCEEDING TWENTY-FIVE PERCENT OF THE PRICE AT WHICH THE EQUITY PURCHASER
ACQUIRED THE RESIDENCE IN FORECLOSURE CREATES A REBUTTABLE PRESUMPTION
THAT THE RECONVEYANCE CONTRACT IS UNCONSCIONABLE. THE ACQUISITION PRICE
PAID BY THE EQUITY PURCHASER MAY INCLUDE ANY ACTUAL COSTS INCURRED BY
THE EQUITY PURCHASER IN ACQUIRING THE RESIDENCE IN FORECLOSURE.
6-1-1116. Waiver of rights - void. (1) A PROVISION IN A CONTRACT BETWEEN
AN EQUITY PURCHASER AND HOME OWNER IS VOID AS AGAINST PUBLIC POLICY IF IT
ATTEMPTS OR PURPORTS TO:
(a) WAIVE ANY OF THE RIGHTS SPECIFIED IN THIS SUBPART 3 OR THE RIGHT TO A
JURY TRIAL;
(b) CONSENT TO JURISDICTION FOR LITIGATION OR CHOICE OF LAW IN A STATE
OTHER THAN COLORADO;
(c) CONSENT TO VENUE IN A COUNTY OTHER THAN THE COUNTY IN WHICH THE
PROPERTY IS LOCATED; OR
(d) IMPOSE ANY COSTS OR FEES GREATER THAN THE ACTUAL COSTS AND FEES.
6-1-1117. Prohibited conduct. (1) THE CONTRACT PROVISIONS REQUIRED BY
SECTIONS 6-1-1111 TO 6-1-1114 SHALL BE PROVIDED AND COMPLETED IN
CONFORMITY WITH SUCH SECTIONS BY THE EQUITY PURCHASER.
(2) UNTIL THE TIME WITHIN WHICH THE HOME OWNER MAY CANCEL THE
TRANSACTION HAS FULLY ELAPSED, THE EQUITY PURCHASER SHALL NOT DO ANY OF
THE FOLLOWING:
(a) ACCEPT FROM A HOME OWNER AN EXECUTION OF, OR INDUCE A HOME OWNER
TO EXECUTE, AN INSTRUMENT OF CONVEYANCE OF ANY INTEREST IN THE RESIDENCE
IN FORECLOSURE;
(b) RECORD WITH THE COUNTY RECORDER ANY DOCUMENT, INCLUDING, BUT NOT
LIMITED TO, THE CONTRACT OR ANY LEASE, LIEN, OR INSTRUMENT OF CONVEYANCE,
THAT HAS BEEN SIGNED BY THE HOME OWNER;
(c) TRANSFER OR ENCUMBER OR PURPORT TO TRANSFER OR ENCUMBER AN
INTEREST IN THE RESIDENCE IN FORECLOSURE TO A THIRD PARTY; OR
(d) PAY THE HOME OWNER ANY CONSIDERATION.
(3) WITHIN TEN DAYS FOLLOWING RECEIPT OF A NOTICE OF CANCELLATION GIVEN
IN ACCORDANCE WITH SECTIONS 6-1-1113 AND 6-1-1114, THE EQUITY PURCHASER
SHALL RETURN WITHOUT CONDITION THE ORIGINAL CONTRACT AND ANY OTHER
Ch. 291
Property
1343
DOCUMENTS SIGNED BY THE HOME OWNER.
(4) AN EQUITY PURCHASER SHALL MAKE NO UNTRUE OR MISLEADING
STATEMENTS OF MATERIAL FACT REGARDING THE VALUE OF THE RESIDENCE IN
FORECLOSURE, THE AMOUNT OF PROCEEDS THE HOME OWNER WILL RECEIVE AFTER
A FORECLOSURE SALE, ANY CONTRACT TERM, THE HOME OWNER'S RIGHTS OR
OBLIGATIONS INCIDENT TO OR ARISING OUT OF THE SALE TRANSACTION, THE NATURE
OF ANY DOCUMENT THAT THE EQUITY PURCHASER INDUCES THE HOME OWNER TO
SIGN, OR ANY OTHER UNTRUE OR MISLEADING STATEMENT CONCERNING THE SALE
OF THE RESIDENCE IN FORECLOSURE TO THE EQUITY PURCHASER.
6-1-1118. Criminal penalties. A PERSON WHO VIOLATES SECTION 6-1-1117 (2)
OR (3) OR WHO INTENTIONALLY VIOLATES SECTION 6-1-1117 (4) IS GUILTY OF A
MISDEMEANOR, AS DEFINED IN SECTION 18-1.3-504, C.R.S., AND SHALL BE SUBJECT
TO IMPRISONMENT IN COUNTY JAIL FOR UP TO ONE YEAR, A FINE OF UP TO
TWENTY-FIVE THOUSAND DOLLARS, OR BOTH.
6-1-1119. Unconscionability. (1) AN EQUITY PURCHASER OR ASSOCIATE MAY
NOT FACILITATE OR ENGAGE IN ANY TRANSACTION THAT IS UNCONSCIONABLE GIVEN
THE TERMS AND CIRCUMSTANCES OF THE TRANSACTION.
(2) (a) IF A COURT, AS A MATTER OF LAW, FINDS AN EQUITY PURCHASER
CONTRACT OR ANY CLAUSE OF SUCH CONTRACT TO HAVE BEEN UNCONSCIONABLE
AT THE TIME IT WAS MADE, THE COURT MAY REFUSE TO ENFORCE THE CONTRACT,
ENFORCE THE REMAINDER OF THE CONTRACT WITHOUT THE UNCONSCIONABLE
CLAUSE, OR SO LIMIT THE APPLICATION OF ANY UNCONSCIONABLE CLAUSE AS TO
AVOID AN UNCONSCIONABLE RESULT.
(b) WHEN IT IS CLAIMED OR APPEARS TO THE COURT THAT THE CONTRACT OR ANY
CLAUSE THEREOF MAY BE UNCONSCIONABLE, THE PARTIES SHALL BE AFFORDED A
REASONABLE OPPORTUNITY TO PRESENT EVIDENCE AS TO ITS COMMERCIAL SETTING,
PURPOSE, AND EFFECT, TO AID THE COURT IN MAKING THE DETERMINATION.
(c) IN ORDER TO SUPPORT A FINDING OF UNCONSCIONABILITY, THERE MUST BE
EVIDENCE OF SOME BAD FAITH OVERREACHING ON THE PART OF THE EQUITY
PURCHASER OR ASSOCIATE SUCH AS THAT WHICH RESULTS FROM AN UNREASONABLE
INEQUALITY OF BARGAINING POWER OR UNDER OTHER CIRCUMSTANCES IN WHICH
THERE IS AN ABSENCE OF MEANINGFUL CHOICE FOR ONE OF THE PARTIES, TOGETHER
WITH CONTRACT TERMS THAT ARE, UNDER STANDARD INDUSTRY PRACTICES,
UNREASONABLY FAVORABLE TO THE EQUITY PURCHASER OR ASSOCIATE.
6-1-1120. Language. ANY CONTRACT, RENTAL AGREEMENT, LEASE, OPTION OR
RIGHT TO REPURCHASE, AND ANY NOTICE, CONVEYANCE, LIEN, ENCUMBRANCE,
CONSENT, OR OTHER DOCUMENT OR INSTRUMENT SIGNED BY A HOME OWNER, SHALL
BE WRITTEN IN ENGLISH AND SHALL BE ACCOMPANIED BY A WRITTEN TRANSLATION
FROM ENGLISH INTO ANY OTHER LANGUAGE PRINCIPALLY SPOKEN BY THE HOME
OWNER, CERTIFIED BY THE PERSON MAKING THE TRANSLATION AS A TRUE AND
CORRECT TRANSLATION OF THE ENGLISH VERSION. THE TRANSLATED VERSION
SHALL BE PRESUMED TO HAVE EQUAL STATUS AND CREDIBILITY AS THE ENGLISH
VERSION.
1344
Property
Ch. 291
SECTION 2. 6-1-105 (1), Colorado Revised Statutes, is amended BY THE
ADDITION OF A NEW PARAGRAPH to read:
6-1-105. Deceptive trade practices. (1) A person engages in a deceptive trade
practice when, in the course of such person's business, vocation, or occupation, such
person:
(xx) VIOLATES ANY PROVISION OF PART 11 OF THIS ARTICLE.
SECTION 3. Safety clause. The general assembly hereby finds, determines,
and declares that this act is necessary for the immediate preservation of the public
peace, health, and safety.
Approved: May 30, 2006