CAMB E-Bulletin
January 2007 - Vol 2, Issue 1
In This Issue
Registration Forms
From Bill Kidwell-President
Kidwell, Bill

It is hard to believe that 2007 is already over 8.3% behind us. Seems that I was just celebrating the holidays and digging out of all that wonderful Colorado snow. Now, Valentine’s Day is arriving faster than an on-coming train.

I would like to thank every professional, affiliate and associate member who has supported CAMB through one of its most remarkable years on record.

CAMB’s efforts in 2005 and 2006 led to groundbreaking legislation. As of January 1st, 2007, Colorado mortgage brokers are required to submit to a criminal background check, acquire a $25,000 surety bond and register with the Division of Real Estate to practice their chosen profession. While the new law is minimally invasive, it does provide a degree of consumer protection by preventing felons from practicing in Colorado when they find their practices can’t be continued in other states.

Many of us would rather not have the government telling us what to do. We would rather police ourselves. Certainly, the new law is not everything CAMB had hoped for. But, the reality is that becoming subject to some form of legislation was inevitable and thanks to the efforts of CAMB’s leaders, the Mortgage Broker Registration Act, while not everything CAMB had hoped for, is a minimally invasive start. The sunrise application submitted by CAMB neither asked for, nor expected the introduction of a surety bond requirement. CAMB has openly opposed bonding based on the irrelevance for its intended purpose. Having said that, we are pleased that through efforts including those of CAMB's leadership, the $100,000 bond that was originally proposed in the DORA (Department of Regulatory Agencies) report was reduced in the final bill to $25,000. At least with the lower amount, the bond becomes a barrier to entry for fewer applicant’s whose only issue is credit. CAMB still has work to do to make sure that applicants with minimal experience and some credit challenges have the opportunity to work in their chosen industry without suffering an unreasonably high cost of entry. To that end, CAMB has been diligent in finding reasonable alternative bond sources for applicants. The CAMB web site identifies several bond providers who have more liberal credit requirements. For those applicants who have been denied a bond you can go to the CAMB web site and report it so we can capture the data for use as we champion changes in the 2006 law.

While this next activity may receive a mixed reaction, CAMB is also beginning a campaign to remove the registration exemption for FHA mortgagees. We believe that too many individuals have been excluded by a misunderstanding in the FHA structure. In order to make the protective nature of the law most comprehensive those who do FHA business should also been included in the registration process. Since this may be a controversial subject, we would really like to know how CAMB members feel about this issue. If you have a strong feeling, for or against, the idea of minimizing exemption so the industry has comprehensive line of sight to everyone who participates in the mortgage loan origination process, we would certainly like to hear from you. Simply send an email to info@camb.org and give us your opinion. We’ll accumulate your views and consider them in our thinking, as well as report back to you.

While the new law is not popular with everyone, it seems that it was inevitable, that Colorado could not continue to be one of only two states without some form of direct legislative attention. This inevitability seems especially true given the incredible and largely undeserved connection that appears to have been drawn between mortgage brokers and the occurrence of fraud, abuse and foreclosure.

With respect to that largely inappropriate connection, let me assure you that CAMB’s leadership is preparing to tackle that public defamation head-on. We plan to challenge that concept with fact-based data that we hope will once and for all drive home the understanding that we, the mortgage brokers, are not to blame for even a small fraction of the foreclosures. CAMB believes fervently that any fraud and abuse is inexcusable and should be dealt with directly and with the maximum civil and criminal penalties that can be mustered. But we also believe that it is incredibly important for our industry to shed the image of being at the center of all that is evil in the industry. More over we would like to make the public aware that much of the foreclosure volume is driven by many more American families having a shot at the American dream! That is not an excuse to ignore and do the best we can to manage foreclosure, but rather a statement that we need to define the problem on a fact basis, find actionable causes and pursue them. Not just blame groups for a problem that has not been well defined in the first place.

Your CAMB leadership has made tackling this issue one of the focuses for 2007.

We will be asking for your help. Our legislators are in session and only have until May 20th to work their agenda. During that time, CAMB will be seeking your assistance at the grassroots level to help us influence outcomes that will advance (y)our legislative and education agenda.

2007 is the first year we have operated under a law specific to the Colorado mortgage broker industry. This marks the opportunity for, as well as, the need for many of you to become involved. Please do not sit back and watch. Contact one of CAMB's leaders, board members or committees and get involved. Your industry needs your support and CAMB welcomes differing points of view, open and passionate minds and we invite you to help us shape the your future.

Future messages will focus on specific issues. In this initial message I wanted to give a more general picture of where we have been and what we have on our plate for the next twelve months. Again, thanks to everyone who trusts me enough to allow me to help guide the association as we pursue our vision, mission and goals. Your association has gathered a team of professionals who care passionately about serving you, Colorado consumers and the Colorado mortgage industry in general. Let’s give them all the support we can as they help shape a better home financing engine in this beautiful state!

Thank you – Hope to meet you in 2007.

Jay Bauer
Top 5 Eye-Openers for Mortgage Brokers in the NEW Real Estate Contract Form

Jay Bauer, Esq.

Session Description:

The Division of Real Estate (DRE) released "New & Revised Forms - Effective Jan. 1, 2007". The Contract to Buy and Sell Real Estate (All Types) CBS1-10-06 is one of the revised forms. Jay Bauer will talk about the changes and the effects those changes will have on mortgage loan originators.

Biography:

Jay Bauer has been a real estate attorney in Summit County since 1973. He is a senior member of the faculty for the Colorado Association of Realtors since 1987 and teaches classes on real estate law and contracts throughout Colorado. In 2004 he was named Educator of the Year by the Colorado Association of Realtors. For a 10 year period (1990- 2000), Jay was a member of the Approved Forms Committee for the Colorado Real Estate Commission. He is the attorney for several western Colorado Boards of Realtors. Jay is a past member of the Board of Governors of the Colorado Bar Association and past chair of the Real Estate Section of the Colorado Bar Association. In 2006, Jay was the chair of the Interprofessional Committee, which is composed of the leaders of the Colorado Association of Realtors, the Real Estate Section of the Colorado Bar Association, the Colorado Land Title Association, and the Colorado Real Estate Commission. In his spare time, Jay is an auctioneer, cross-country bicyclist, and avid sailor.

Sheila Thogerson
Wells Fargo Home Mortgage
6501 S. Fiddlers Green Cr., Ste. 105
Greenwood Village, Co 80111
303-694-9800
Sheila.Thogerson@wellsfargo.com
https:/ /www.wellsfargo.com/mortgage/
Wellshireinn
Wellshire Inn
3333 S. Colorado Blvd.
Denver, CO 80222
303-759-2480

Directions:
From the North:
Take I-25 south to Colorado Blvd. (exit #204)
Continue south (right) located on the northwest corner of Colorado Blvd and Hampden Ave

From the South:
Take I-25 north to Hampden Avenue/US Hwy 285 (exit #201)
Turn west (left) on Hampden Ave Turn north (right) at Colorado Blvd., located on the northwest corner of Colorado Blvd and Hampden Ave
CAMB monthly luncheons are held on the 2nd Tuesday of each month, and will be held at the Wellshire Inn.

Save-the-date for the rest of 2007:

March 13 - John Suthers - Foreclosure/Fraud
April 10 - Joe Falk - National Legislative Update
May 8 - Ivor Hill - Appraiser Intimidation/Fraud
June 12 - KJ McCorry - Orgainzation & Efficiency
July 10
Aug 14
Sept - Convention
Oct 9
Nov 13
Dec 11


CAMB is happy to announce a new lunch pass program. Buy 5 lunch passes and get the 6th for free. Register Now. (Some restrictions apply, more information.)

CAMB's monthly luncheons are held the 2nd Tuesday of every month at the Wellshire Inn,
3333 S. Colorado Blvd. (Colorado and Hampden Ave).



Benefits
  • Savings - Buy 5 get the 6th FREE!
  • VIP Seating - special seating will be reserved for those who participate in the lunch pass program
  • Hassle Free Registration - Eliminate the need to register every month. Buy your pass and it's done!
  • Express Check In - name tags will be held in a special location, just pick it up and go
  • Early Updates - Learn about upcoming speakers ahead of others Fast, Easy & Secure - Register online at our secure site
  • Support your Association
Available to CAMB members only!

CAMB is run by a dedicated group of volunteers. Here is the 2007 Board of Directors:

Bill Kidwell - President president@camb.org
Doug Braden, CCMB - President-Elect president-elect@camb.org
Rod Cameron, CCMB - Vice-President vice-president@camb.org
Jason Berman, CCMB - Past-President past-president@camb.org
Tiffany Hughes - Treasurer treasurer@camb.org
Phil Hughes, CCMB - Secretary secretary@camb.org
Directors:
Patrick Driscoll
Shelley Ervin
Tony Hernandez
Richard Kim
Ruth Lee
Tom Veitch
Rotunda
Colorado Brokers Respond to Registration

As of January 1, 2007 many of Colorado’s mortgage origination professionals were required to register with the Division of Real Estate (DRE).

As of the end of December 2006; 6,185 individuals have submitted fingerprint cards and back ground checks to the Colorado Bureau of Investigation (CBI).

As of January 18, 2007; 5,383 of those submissions had been received and loaded into the Division of Real Estate’s Mortgage Broker Registration data base.

As of January 30, 2007, DRE has approved 3,852 registrants. DRE also has 435 registrations for which background checks have not been received. Only 24 registrations are in-process, which means that the background check contained criminal information and is being reviewed manually by DRE for action.

While the process at DRE is automated for “clean” background checks, it must manually review any background checks that have “hits” (criminal content). DRE has manually reviewed over 2,250 (53%) background checks. Only 12 registrants have subsequently been denied. The dozen denials have resulted from lost licenses or relevant criminal activity.

Timing is Improving

The slowest aspect of the registration process is the paper loop from CBI to the FBI and back. The good news is that CBI has had several successful beta tests of an electronic submission of the fingerprint cards and background checks to the FBI. They anticipate implementing this new process for the mortgage broker applications in the near future. This could turn what is a six to twelve week turnaround into a matter of days.

The DRE process is extremely automated and quick. So, if the CBI is successful in its automation, brokers registering in the future may see turn around of their registration in the same month they submit.

Surety Bond Credit Issues are Being Addressed

Initially several registrants found it was difficult to obtain a “reasonably” priced surety bond if there was a credit issue such as low FICO or bankruptcy. CAMB has identified and added to its web site several bond providers who focus on credit challenged applicants. That appears to have lessened the incidence of brokers not being able to register due to the surety bond issue, but CAMB still invites comments on the web site from brokers who have been denied a bond.

Exemption Letters Increase

As of January 30th the division has issued 223 exemption letters. Program Director, Cary Whitaker stated that the division is presently tabulating how many of the companies are out of state and the total number of employees covered by the exemption status.

Overall it appears that the system that has been implemented is working better than most start up processes. And, while CAMB will continue to address aspects of the law that it would like to see changed; brokers can feel secure in knowing that the registration process is working well.

The question is why are there over 1,000 brokers who have submitted background checks and have not registered with the Division of Real Estate?
NAMB Conference
NAMB 2007 Legislative and Regulatory Conference
Washington, D.C.
March 19 – 21, 2007


The new Democratic Congress will likely consider a bill in 2007 aimed at protecting consumers and stopping predatory lending. Several states have already enacted predatory lending laws which require suitability, yet many consumer advocates are pressing federal legislators to go further and impose a fiduciary duty on mortgage brokers. Your representatives in Congress need to hear from you!

Join hundreds of your fellow mortgage brokers in Washington, D.C. to discuss and debate the issues surrounding suitability and predatory lending, and let your voice be heard on Capitol Hill. This may be your only chance to influence a significant piece of legislation that will affect your business for years to come.

Register Online Today!
Apple
CRMS Certification

Are you interested in pursuing the CRMS certification? If so, please email CAMB (info@camb.org) and let us know.

CAMB may set up a study group based upon your responses.

Membership with CAMB brings many benefits.

  • Legislative updates from our full-time lobbyists
  • Monthly subscription to the Mortgage Press
  • Educational luncheons
  • Networking events
  • CCMB Designation
  • Continuing education
  • Community relations programs
  • Annual Convention & Trade Show
  • Plus membership with NAMB
Renew Your Membership with CAMB


Colorado Association of Mortgage Brokers

phone: 303-991-2240

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Colorado Association of Mortgage Brokers | 7000 Broadway, Ste. 320 | Denver | CO | 80221