March 04, 2010 02:45 AM UTC

Harvey Investigated for Mortgage Fraud One Month After Trying to Reduce Industry Regulations

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• by: Colorado Pols

And a collective “D’Oh!” rises from Colorado Republicans in the legislature. From The Associated Press:

A Colorado state senator and the mortgage company where he works are being investigated for allegedly misleading consumers by sending out advertising flyers that look like official tax documents, a state official said Wednesday.

Investigators believe Republican Sen. Ted Harvey and American Home Funding-the Greenwood Village company where he works as a broker-violated state laws by sending the ads, said Colorado Division of Real Estate Director Erin Toll…

…The flyer features the Statue of Liberty and Federal Housing Administration notice codes that rate the notification “Urgency: HIGH” and warns that “a call to action is required.” It has a notice in small print on the side that says it’s not a government document…

…Harvey said the notices are no different than those from other financial institutions. He rejected suggestions that he or the company broke the law.

Sure, that sounds bad. But here’s the kicker: Earlier this year Harvey tried to introduce legislation that would have restricted the state’s ability to regulate mortgage brokers.

Harvey said he got into a dispute with the division about a month ago after he proposed legislation that would remove Toll’s authority to investigate mortgage brokers and set up a board, similar to boards in the same division that hear complaints against real estate agents and appraisers. The legislation also would have set up an appeals process. [Pols emphasis]

The dispute escalated when a member of Toll’s staff showed disrespect when he tried to explain his proposed bill, Harvey said. He said he shook his finger in the staffer’s face to get their attention, but he denied trying to intimidate the staffer.

Barbara Kelley, executive director of the Department of Regulatory Agency, Toll’s boss, rejected the proposed legislation in a letter dated Feb. 18, which was obtained by The Associated Press under the Colorado Open Records Act. She told Harvey and other lawmakers that the division is following state law, which requires that a director oversee the mortgage loan originators program, because the board system is too expensive.