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Tuesday
09Jan

Colorado AG announces proposed new legislation to combat mortgage fraud

AG Suthers.jpgOn January 8, 2007 Colorado Attorney General John Suthers  (pictured left) announced a key legislative proposal that will target appraisal fraud and mortgage brokers who engage in deceptive trade practices.

“Last year, thanks to the efforts of the Attorney General’s Mortgage Fraud Task Force, new consumer protections were adopted for families facing foreclosure and stiffer penalties were enacted to address mortgage fraud,” said Suthers. “This year, we are taking further steps to protect homeowners. The legislation we are announcing today targets the growing problem of appraisal fraud, and adds additional penalties against mortgage brokers who engage in deceptive practices.”


Under the recommended legislation, the Division of Real Estate will have the authority to deny or revoke the registration of a mortgage broker who has been prohibited by any court from engaging in deceptive conduct relating to brokering a mortgage loan.

To address the growing wave of appraisal fraud, the legislation will also prohibit a mortgage broker from compensating, coercing, or intimidating a real estate appraiser in order to obtain an artificially inflated appraisal. Finally, the legislation will prohibit anyone else, including realtors, other brokers, lenders, or investors from improperly influencing, or attempting to influence an appraiser and the value of a residence, and prohibits an appraiser from knowingly submitting a false appraisal. Violators will be subject to criminal prosecution as a class 1 misdemeanor upon a first conviction and a class 6 felony upon a second or subsequent conviction. They will also be subject to civil liability under the Consumer Protection

Act.
Rep. Tom Massey (R-Chaffee) and Sen. Jennifer Veiga (D-Denver) will sponsor the legislation this session.


In July 2005, General Suthers formed a Mortgage and Foreclosure Fraud Task Force. The Task Force’s recommendations subsequently led to SB-71 (click here to read it), signed by Gov. Owens last May, which requires that all transactions between homeowners and foreclosure consultants or equity purchasers be in writing, prohibits consultants who provide advice or assistance from acquiring any interest in the homeowner’s property, and calls for a three-day “cooling off” period.


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