§ 12-10-727 — Confidentiality

Colorado § 12-10-727

• Jurisdiction: Colorado
• Title 12: Professions
• Art.: Real Estate

Text

(1) Except as otherwise provided in the federal
Secure and Fair Enforcement for Mortgage Licensing Act of 2008, 12 U.S.C. sec.
5111, the requirements under any federal law or law of this state regarding privacy
or confidentiality of any information or material provided to the nationwide
mortgage licensing system and registry, and any privilege arising under federal or
state law, including the rules of any federal or state court with respect to the
information or material, shall apply to the information or material after it has been
disclosed to the nationwide mortgage licensing system and registry. The
information or material may be shared with all state and federal regulatory officials
with mortgage industry oversight authority without the loss of privilege or
confidentiality protections provided by federal or state law.

(2) The board may enter into agreements with other government agencies,
the Conference of State Bank Supervisors or its successor organization, the
American Association of Residential Mortgage Regulators or its successor
organization, or other associations representing government agencies as
established by rule.

(3) Information or material that is subject to privilege or confidentiality
pursuant to subsection (1) of this section shall not be subject to the following:

(a) Disclosure under a federal or state law governing the disclosure to the
public of information held by an officer or agency of the federal government or the
respective state; or

(b) Subpoena, discovery, or admission into evidence in any private civil action
or administrative process, unless with respect to a privilege held by the nationwide
mortgage licensing system and registry regarding the information or material, the
person to whom the information or material pertains waives the privilege, in whole
or in part.

Legislative History

Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 712, � 1, effective October 1.