Bulletin BRO 07-129 Important Update Regarding Loans Secured by
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Wholesale Bulletin
Information for Wholesale Customers of SunTrust Mortgage, Inc.
September 10, 2007
BRO 07-129
IMPORTANT UPDATE REGARDING LOANS SECURED BY PROPERTY LOCATED IN THE STATE
OF COLORADO - Revised Net Tangible Benefit Disclosure Requirements
PLEASE NOTE THAT THIS INFORMATION APPLIES SOLELY TO BROKER LOANS SECURED BY
RESIDENTIAL REAL PROPERTY IN THE STATE OF COLORADO
The Colorado Division of Real Estate has issued an emergency rule concerning documentation of a
borrower’s reasonable tangible net benefit (Section 12-61-904.5, C.R.S. found in SB 07-216). The
new rule applies to ALL (primary residence, second home and investment property) residential
mortgage loans with application dates on or after September 4, 2007.
Colorado has developed a new disclosure titled Colorado Tangible Net Benefit Disclosure. This
form can be obtained from the CO Division of Real Estate website
(http://www.dora.state.co.us/real-estate/mortgage/MBForms.htm) and replaces the previously
published SunTrust Borrower(s) Certificate of Reasonable Tangible Net Benefit for Refinance Loans
(BRO 0985) form referenced in Wholesale Bulletin BRO 07-086.
Note: Alternative versions of the above referenced form are acceptable IF they include all
information that is referenced on the Colorado required form.
The Colorado Tangible Net Benefit Disclosure must be completed for ALL (primary residence,
second home and investment property) purchase AND refinance residential mortgage loans. The
disclosure requirement is no longer limited to refinance transactions only.
The originating Broker must provide a Colorado Tangible Net Benefit Disclosure to the borrower at
the time of loan application AND AGAIN prior to the signing of the borrower’s closing documents.
The initial and final Colorado Tangible Net Benefit Disclosure must be signed by all borrowers and
the originating Broker. An executed and dated copy of both (initial and final) forms must be
maintained in each loan file.
Note: Loans will be pended by underwriting if the above referenced disclosure is not included in
the loan file at the time of underwriting. In addition, loans will also be conditioned for the re-
disclosure of this form (by the originating broker) PRIOR to the signing of the borrower’s closing
documents.
SunTrust Mortgage, Inc. 1001 Semmes Avenue, Richmond, VA 23224
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As a reminder, it is the originating Broker’s responsibility to provide all applicable consumer
disclosures relating to the mortgage loan transaction on a timely basis and comply with all good
faith and fair dealing duties in accordance with all applicable federal, state and local laws, rules and
regulations.
Information contained in this bulletin should not be deemed to constitute the provision of
legal advice by SunTrust Mortgage. Brokers are urged to consult their Legal Counsel for
information, interpretation and/or requirements related to this Colorado emergency rule
Section 12-61-904.5, C.R.S. found in SB 07-216.
Should you have any questions, please contact your account executive, regional office, or the
Resource Center.
SunTrust Mortgage, Inc. 1001 Semmes Avenue, Richmond, VA 23224
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