COLJI-Crim. F:233.5

“Mortgage servicer” means a person, wherever located, that is

responsible for servicing a Colorado residential mortgage loan. A

mortgage servicer includes a person that makes payments to a borrower

under a reverse mortgage.

A mortgage servicer does not include:

a supervised financial organization;

a mortgage loan originator regulated by the division of real estate or

a mortgage company regulated by the division of real estate; except that a

mortgage loan originator or mortgage company that also services a

residential mortgage loan is a mortgage servicer;

a federal agency or department;

a collection agency that is licensed pursuant to law or is exempt from

licensure and whose mortgage debt collection business involves collection

of residential mortgage loans obtained by the collection agency after

default; except that a collection agency that also services residential

mortgage loans assigned to the collection agency before default is a

mortgage servicer;

an agency, instrumentality, or political subdivision of this state;

a supervised lender; except that a supervised lender, other than a

supervised financial organization, that also services residential mortgage

loans is a mortgage servicer;

a small servicer that services fewer than five thousand residential

mortgage loans in any calendar year, exclusive of loans held for sale;

a person that the administrator of the Uniform Consumer Credit

Code designates by rule or order as exempt, limited to nonprofit

organizations, government agencies, or other entities whose primary

business is not to service mortgages and that seek to promote affordable

housing or financing;

an originator or servicer that utilizes a subservicer to carry out the

administrative functions of servicing a mortgage unless the subservicer is

acting at the direction of the originator or servicer; or

a person that services loans held for sale.