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One $200,000 company bond can stand in for the $25,000 individual bonds of every Colorado originator on your team, as long as each of them works only for you. For a shop with 20 or more licensed originators that is one filing and one renewal instead of a stack of individual bonds.
Colorado lets mortgage loan originators who are employees or exclusive agents of a company with 20 or more individuals required to be licensed operate under a single $200,000 company surety bond, written on the Board's company bond form with the State of Colorado Division of Real Estate as obligee. The authority is C.R.S. 12-10-717 and Rule 2.6 of 4 CCR 725-3. An originator who works for more than one company cannot use the company bond and needs an individual $25,000 bond.
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Rule 2.6 of the Board of Mortgage Loan Originators rules (4 CCR 725-3) gives three ways to meet the bond requirement in C.R.S. 12-10-717.
1. An individual bond of $25,000 on the Board's individual form. 2. A company bond of $100,000 covering all employees or exclusive agents of a company with fewer than 20 individuals required to be licensed. 3. A company bond of $200,000 covering all employees or exclusive agents of a company with 20 or more individuals required to be licensed.
The count is people at the company who must be licensed, not the number of licenses or states. Once that headcount reaches 20, a company bond must be at the $200,000 level.
Options 2 and 3 apply only to originators who do not work for more than one company. Anyone splitting time between two companies has to carry their own $25,000 individual bond. This is the detail most often missed when a team adds part time or shared originators.
Rule 2.6(B) requires the mortgage company to hand the Board any bond it requests and to verify and provide proof of the employment timeline for each originator operating under the company bond. If the company cannot produce that, the individual originators are treated as out of compliance with the bond requirement. Rule 2.6(C) requires proof of continuous coverage, and Rule 2.6(D) makes failure to keep a bond grounds for discipline.
The surety does not pay a claimant until a court has made a final determination of fraud, forgery, criminal impersonation or fraudulent representation, under 12-10-717(2). The surety must notify the Board within 30 days of any payment or cancellation. The Division's company form names the State of Colorado Division of Real Estate as obligee, requires an insurer authorized in Colorado, caps aggregate liability at the $200,000 penal sum, and allows cancellation on 30 days written notice.
The bond does not satisfy Colorado's errors and omissions insurance requirement under Rule 2.7. Originator licenses expire at midnight on December 31 if not properly renewed, and bond coverage has to be current at every renewal.
People. Rule 2.6 sets the $200,000 tier for companies with 20 or more individuals who are required to be licensed under the Colorado Mortgage Loan Originator Licensing Act.
The company bond tier is $100,000. Each originator may also carry an individual $25,000 bond instead.
No. The company bond options in Rule 2.6 apply only to originators who do not work for more than one company. That person needs an individual $25,000 bond.
Under C.R.S. 12-10-717(2), only after a court makes a final determination of fraud, forgery, criminal impersonation or fraudulent representation.
No. Errors and omissions insurance is a separate requirement under Rule 2.7 and must be maintained alongside the bond.
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