Mortgage Loan Originator Application Instruction Guide

Beginning November 24, 2019, applicants who meet specific qualification requirements will have the option to apply for a “Temporary Authority” (TA) status within the Colorado application form. Applicants requesting temporary authority must designate their intent to apply for temporary authority by selecting that option in question 2 of the Colorado application form. If temporary authority is requested through NMLS, the applicant has 7 business days from NMLS temporary authority approval to submit the Colorado application form and Colorado based background check.

Selection of the temporary authority application type within the Colorado application form will require that the applicant identify and designate an actively licensed individual Colorado mortgage loan originator as the applicant’s sponsor. The sponsoring mortgage loan originator will be held responsible for the actions of the mortgage loan originator licensed under temporary authority until the education and exam requirements have been met, or until supervision is terminated by either the supervising loan originator or temporary authority applicant.

Prior to submitting an application for licensure, each applicant must submit a set of fingerprints to the Colorado Bureau of Investigation (CBI) for the purpose of conducting a Colorado and national fingerprint-based criminal history background check utilizing records of CBI and the FBI. 

All applications received by the Division of Real Estate will not be processed without receipt of the CBI background results. 

Colorado and National Fingerprint-Based Criminal History Background Check

If you have had a disciplinary action against a professional license you’ll be required to upload:

• A signed written statement from the applicant, including the name of the agency, license type, dates nature of the alleged infraction, and deposition. 
• A copy of the original charges or complaint against you.
• A copy of any agency order or other notification of the action taken. 
• A confirmation of the current status of the license, certification, or registration.  

Your application will have a background section that you must complete. If you answer yes on any of the four (4) questions in the section you will be prompted to provide the below documentation before you submit your application. 

This information requested is to provide the appointed board and/or commission members the ability to make the determinations required by law.
 
Court Documents 

If the court or police inform you that the documents are no longer available, you will need to obtain a written statement of confirmation to that effect from the appropriate party.

• It is your responsibility to contact the appropriate court, police department, probation office or other agency to obtain the required letters, statements or other documents.  
• Computer printouts are not acceptable. 
• Please obtain actual court documents with signatures. 
• In most criminal cases, the county in which the violation occurred will also be the location of the court that you will need to contact. These records are public and are contained in a central file of cases. 
• You will need to ask the court clerk how you can arrange to have copies made of your case file. 

Provide all of your Original Charging Documents. 

The original charging document sets forth the specific violations (often referred to as “counts”) under which you were charged. 
 
Depending on the jurisdiction, this document may be captioned as:

• a Complaint, Information, 
• Complaint and Information, 
• Criminal Complaint, 
• Summons and Complaint, 
• Indictment or other designation. 

Provide all of your Police Officer’s Reports or Arrest Affidavits

If a police report or arrest affidavit remains part of the Court’s criminal case file, please include a copy of that report with your application materials. Otherwise, the arresting, ticketing or charging agency will have a report on the incidences and factual matters related to filing of charges.

This report will usually be found at the office of the arresting or ticketing law enforcement agency (police department, sheriff's office, etc.). 
 
If the police report is not a part of your court records, you must contact the appropriate agency to obtain a copy. 

Provide a Written Explanation

• A description of the factual events and the actions that led to the charges being filed against you. 
• An explanation, from your perspective, of the circumstances, reasons or situations that contributed to charges being filed against you. This includes any information or explanation that you believe mitigates or lessens the severity of your actions or the charges. 
• A description of any changes, events or accomplishments that illustrate rehabilitation and that you are truthful, honest and a person of good moral character. This could include having met the court’s terms of sentence such as: having made restitution, completing probation or completing community service. Your statement should also include a description of any of the following: voluntary involvement in community, public or privately sponsored programs or activities of benefit to the community, new and different social and business relationships, stability of family and financial matters, enrollment in or completion of education or vocational training, involvement in training or counseling for the purpose of self-improvement or advancement, substance abstinence and/or abuse programs, intervention programs, therapy, self-realization, awareness and personal growth and/or any other information you believe is illustrative of changes of attitude, circumstances and environment that may have contributed to having the charges filed against you. This is your opportunity to illustrate to the ​Board that you have been rehabilitated and that you are truthful, honest, and a person of good moral character. 
• Your statement must include your signature and also conclude with the statement "I have no other violations either past or pending", if that is true in your case. 

Employing Broker’s Written Statement 

If you are applying as Real Estate Licensee and have an employing broker you must provide a written statement from your employing broker.

• You must include a signed written statement from the employing broker that indicates that s/he understands the exact nature of the violation(s) and that s/he is willing to employ and supervise you. One way for the broker to become familiar with the issues is by having the broker review your personal statement and the court documents. 
• Your employing broker should include what specific special supervision s/he feels is appropriate in your case. Your broker may include any additional information or comments relative to your character, truthfulness and honesty known by the broker.

Provide all of your Judgment or Sentence Orders
This document shows the specific charge to which you pled or were otherwise adjudged guilty, as well as the Court’s terms of sentencing. 
 
Provide all of your Amended Charges (If applicable)

If the original charge or charges were thereafter amended, provide a copy of the amending document. 
 
Provide all of your Terms and Conditions of Probation

In some cases, if probation is included as part of the Court’s Sentence Order, the Court will issue a separate document setting forth the specified terms and conditions of probation. 

• Successful Completion of Probation: If a Court-ordered term of probation has been successfully completed, provide a copy of the Court’s order of termination of probation or, in the alternative, a letter of verification from the respective probation department. 
• Probation in Progress: If the Court-ordered term of probation remains in progress, provide a letter from your probation officer indicating the current status of your probation. 
• Probation Revocation Documents: If the Court-ordered term of probation was ever revoked, provide a copy of the underlying Complaint for Revocation of Probation, as well as the Court’s revised Sentence Order.

Provide all of your Deferred Judgments

If the Court’s original Sentence Order provided for a Deferred Judgment/Sentence, and such has been successfully completed, provide a copy of the Court’s order to withdraw the original guilty plea. 
 
Provide all of your Dismissed Cases

If there is a charge or conviction which has been dismissed (or expunged or sealed), it may still show up on your background check.  If it is on your background check and does not show as dismissed, the Division requires proof that the case has been dismissed.  To expedite the processing of your application, please include any court documents showing the dismissal, expungement, or sealing of a criminal case.
 
(Optional) Provide a Personal Written Statement

If you choose, include a written statement on your behalf. 

(Optional) Provide Letters of Recommendation

If you choose, include written statements from others. Examples include past and present employers, past and present co- workers, probation officers, court officers, public officials, clergy, business and industry leaders, family and friends. 
 
These letters, while not required, are an indication to the ​Board that others in the community are confident that you are rehabilitated and are able to handle the responsibility and trust that comes with the professional license you are seeking. 
 
Letters submitted on your behalf should identify the writer's relationship to you and indicate the writer's knowledge of your past violation or conviction and your subsequent rehabilitation, honesty, truthfulness and good character. Writer must include a contact number and email address. 
 
If applicable, written statements or other evidence from medical, psychological or other professionals who are competent to address conditions existing either at the time of the underlying conduct or presently.

(Optional)  Provide your Employment History

If you choose provide a document that includes employer, position, dates of employment, reason for leaving for each position you have had in the last five (5) years.