Legal Question in Real Estate Law in Georgia

Re: lender liability

Georgia law is controlling here, and I practice in California. In California, rescision is possible in such circumstances, but you have to return the lender's money and also be free from any participation in the fraud--much of the mortgage fraud I have seen is not committed by the lender, but involves participation by the borrower who may inflated his income and overstated his assets, has phonied up his tax return, etc.

Re: lender liability

Your questions cannot possibly be answered here because we know nothing about your facts. Even then, it would take a review of all documents and facts. See a lawyer who has experience in mortgage frauds cases. There are many in Georgia.

Re: lender liability

I can't speak for Georgia, but in California a party with grounds for rescinding a contract may do so, but must immediately return any benefit or consideration received under the contract. Are you in a position to refund all the borrowed money in order to rescind?