As many of you know, in May, 2006, Colorado enacted the Colorado Foreclosure Protection Act (the “Act”) aimed at protecting homeowners in foreclosure. This legislation caused the Colorado Real Estate Commission (the “Commission”) to create a “Foreclosure Addendum” along with a 12 point bold-faced contract in hopes of helping brokers comply with this statute. Effective July 1, 2009, Colorado changed the Act’s definition of a “residence in foreclosure” to include a homeowner’s residence that is at least 30 days delinquent or in default. This new definition expands the applicability of the Act AND makes it more difficult to determine when the Act applies.
The Commission’s original response to the change in the Act was to repeal the Foreclosure Addendum and the 12 point bold-faced font contract. In response, many private attorneys started drafting their own Act compliant contracts for use by their real estate broker clients. Based in part on this response, the Commission decided to raise the issue at its meeting on July 7th, 2009. While there was consensus about lobbying the legislature to change the Act, there was much debate between several attorneys, the commission, and real estate brokers, about how to deal with the Act until such new legislation is passed.
In the end, the Commission decided to change its response to the changes in the Act. The Commission directed the forms committee to create a Commission approved contract that complies with the Act so that there is uniformity in the forms being used/presented by/to real estate brokers. While a new Act compliant contract is on the way, I do not expect it until the end of July/ beginning of August at the earliest. In the interim, the brokerage firms are authorized to continue to offer the private attorney created Act compliant contracts.
(Click Here to read the follow up post on this topic by Damian Cox)
Damian Cox, Esq. is an attorney with the law office of Richard M. Chanzit and represents real estate brokers and brokerage firms. He is also a member of the CAR Faculty, and is an approved VanEd instructor teaching Foreclosure and Short Sales in the MRE, Master of Real Estate Program.