C.R.S. Section 5-3-106
Disclosures for real estate secured consumer credit transactions

(1)

With respect to a real estate secured consumer credit transaction payable in installments, other than one pursuant to a revolving credit account, if the creditor credits payments made after the due date as of the date of receipt rather than the date payment was due, the creditor must clearly and conspicuously disclose to the consumer at or before the time that credit is extended the effect of untimely payments using language in substantially the following form:
“The dollar amount of the finance charge disclosed to you for this credit transaction is based upon your payments being received by the creditor on the date payments are due. If your payments are received after the due date, even if received before the date a late fee applies, you may owe additional and substantial money at the end of the credit transaction and there may be little or no reduction of principal. This is due to the accrual of daily interest until a payment is received.”

(2)

A creditor that makes or arranges for extensions of consumer loans secured by a dwelling and that uses credit scores for that purpose shall, upon request of the consumer, provide to the consumer to whom the credit report relates, as soon as practicable and reasonable, but in a period not to exceed thirty days, a copy of the information specifically required to be disclosed pursuant to section 5-18-107 (1) in a form obtained from a consumer reporting agency as defined in section 5-18-103 (4). The creditor may charge a reasonable fee for making such information available to the consumer and such charge shall be an additional charge within the meaning of section 5-2-202 and not part of the finance charge.

(3)

Intentionally left blank —Ed.

(a)

Nothing in subsection (2) of this section shall require the creditor to:

(I)

Explain to the consumer the information specifically required to be disclosed pursuant to section 5-18-107 (1);

(II)

Disclose any information other than the information required pursuant to subsection (2) of this section;

(III)

Disclose any credit score or related information obtained by the creditor after the transaction occurs; or

(IV)

Provide more than one disclosure to any one consumer per credit transaction.

(b)

The creditor’s obligation pursuant to subsection (2) of this section and this subsection (3) shall be limited to providing a copy of the information that was received from a consumer reporting agency, as defined in section 5-18-103 (4). A creditor who uses a credit score has no liability under this subsection (3) or subsection (2) of this section for the content of the credit score information received from a consumer reporting agency or from the omission of any information within the report provided by the consumer reporting agency.

Source: Section 5-3-106 — Disclosures for real estate secured consumer credit transactions, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-05.­pdf (accessed Oct. 20, 2023).

5‑3‑101
Applicability - information required 5‑3‑102
Notice of assignment 5‑3‑103
Change in terms of revolving credit accounts 5‑3‑104
Receipts - statements of account - evidence of payment 5‑3‑105
Notice to cosigners and similar parties 5‑3‑106
Disclosures for real estate secured consumer credit transactions 5‑3‑107
Disclosures for consumer credit sale secured by a motor vehicle 5‑3‑108
Written agreement required 5‑3‑109
Records 5‑3‑110
Advertising 5‑3‑111
Use of credit scores 5‑3‑201
Security in sales or leases 5‑3‑202
Cross-collateral 5‑3‑203
Debt secured by cross-collateral 5‑3‑204
Restrictions on interest in land as security 5‑3‑205
Use of multiple agreements 5‑3‑206
No assignment of earnings 5‑3‑207
Authorization to confess judgment prohibited 5‑3‑208
Balloon payments 5‑3‑209
Referral sales 5‑3‑210
Discrimination prohibited - exemption 5‑3‑301
Restriction on liability in consumer lease 5‑3‑302
Limitation on default charges 5‑3‑303
Assignee subject to claims and defenses 5‑3‑304
Use of account - constructive assent to terms 5‑3‑305
Advance payment to reserve lodging and motor vehicle rental services - notice to consumer required 5‑3‑401
Definitions - “home solicitation sale” 5‑3‑402
Buyer’s right to cancel 5‑3‑403
Form of agreement or offer - statement of buyer’s rights 5‑3‑404
Restoration of down payment 5‑3‑405
Duty of buyer - no compensation for services prior to cancellation 5‑3‑501
Scope 5‑3‑502
Form of insurance premium loan agreement 5‑3‑503
Notice of cancellation
Green check means up to date. Up to date

Current through Fall 2024

§ 5-3-106’s source at colorado​.gov