reglab/housing_qa huggingface dataset:
GA Code § 7-6-1 (2021)
2021 Georgia Code|Title 7 - Banking and Finance|Chapter 6 - Credit or Loan Discrimination|§ 7-6-1. Discrimination in Extending Credit or Making Loans Prohibited

  No bank, lending company, financial institution, retail installment seller, or person extending credit may discriminate or provide requirements which discriminate in the extending of credit or the making of loans solely on the basis of sex, race, religion, national origin, or marital status.   Any person, firm, or corporation which willfully violates any provision of this Code section shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not to exceed $1,000.00.    (Ga. L. 1975, p. 772, §§ 1, 3.)   Law reviews.   - For article, "Religious Exercise as Credit Risk," see 10 Bank. Dev. J. 119 (1993-1994).   RESEARCH REFERENCES   ALR.   - Recovery of damages as remedy for wrongful discrimination under state or local civil rights provisions, 85 A.L.R.3d 351.   Discrimination based on marital status under Equal Credit Opportunity Act (15 U.S.C.A. §§ 1691 et seq.) as defense to liability for financial obligations, 16 A.L.R. Fed. 3d 9.   Discrimination Against Credit Applicant on Basis of Marital Status Under Equal Credit Opportunity Act (15 U.S.C.A. §§ 1691 et seq.), 18 A.L.R. Fed. 3d 5.
GA Code § 7-6-2 (2021)
2021 Georgia Code|Title 7 - Banking and Finance|Chapter 6 - Credit or Loan Discrimination|§ 7-6-2. Cause of Action for Individual Discriminated Against

 Any person denied a loan or credit solely on the basis of discrimination because of sex, race, religion, national origin, or marital status shall have a right to bring an action for damages in any court of competent jurisdiction in an individual, but not in a representative, capacity against the person, firm, or corporation violating this chapter.   (Ga. L. 1975, p. 772, § 2.)   RESEARCH REFERENCES   ALR.   - Recovery of damages for emotional distress resulting from discrimination because of sex or marital status, 61 A.L.R.3d 944.   Recovery of damages as remedy for wrongful discrimination under state or local civil rights provisions, 85 A.L.R.3d 351.   Requiring apology as "affirmative action" or other form of redress under State Civil Rights Act, 85 A.L.R.3d 402.   Discrimination based on marital status under Equal Credit Opportunity Act (15 U.S.C.A. §§ 1691 et seq.) as defense to liability for financial obligations, 16 A.L.R. Fed. 3d 9.
GA Code § 7-6A-1 (2021)
2021 Georgia Code|Title 7 - Banking and Finance|Chapter 6A - Georgia Fair Lending Act|§ 7-6A-1. Short Title

 This chapter shall be known and may be cited as the "Georgia Fair Lending Act."    (Code 1981, §7-6A-1, enacted by Ga. L. 2002, p. 455, § 1; Ga. L. 2003, p. 1, § 1.)   Cross references.   - Vehicle protection product warranty cannot be condition to car loan, § 33-34A-9.   Law reviews.   - For survey article on real property law for the period from June 1, 2002 to May 31, 2003, see 55 Mercer L. Rev. 397 (2003).   JUDICIAL DECISIONS   Mortgage loans.    - Chapter 13 debtor's allegations that a title insurance company, a bank, and the FNMA failed to honor a lender's promise that the debtor could buy down the interest rate on the debtor's mortgage and refused to cancel the debtor's mortgage after the debtor was charged a higher rate failed to state claims for relief under the RESPA, 12 U.S.C. § 2601 et seq., the TILA, 15 U.S.C. § 1601 et seq., and the Georgia Fair Lending Act, O.C.G.A. § 7-6A-1 et seq.; however, the court allowed the debtor to amend the debtor's complaint to cure deficiencies in the debtor's allegations that a LLC that serviced the debtor's loan violated the RESPA when the LLC failed to respond to qualified written requests for information the debtor sent to the LLC. Hughes v. J.P. Morgan Chase (In re Hughes), Bankr. (Bankr. N.D. Ga. Apr. 13, 2018).
GA Code § 7-6A-4 (2021)
2021 Georgia Code|Title 7 - Banking and Finance|Chapter 6A - Georgia Fair Lending Act|§ 7-6A-4. "Flipping" a Home Loan; Costs and Fees

  No creditor may knowingly or intentionally engage in the unfair act or practice of "flipping" a home loan. Flipping a home loan is the consummating of a high-cost home loan to a borrower that refinances an existing home loan that was consummated within the prior five years when the new loan does not provide reasonable, tangible net benefit to the borrower considering all of the circumstances including, but not limited to, the terms of both the new and refinanced loans, the cost of the new loan, and the borrower's circumstances.   The home loan refinancing transaction shall be presumed to be a flipping where a high-cost home loan refinances an existing home loan that was consummated within the prior five years and that is a special mortgage originated, subsidized, or guaranteed by or through a state, tribal, or local government or a nonprofit organization, which either bears a below-market interest rate at the time the loan was originated or has nonstandard payment terms beneficial to the borrower, such as payments that vary with income, are limited to a percentage of income, or where no payments are required under specified conditions and where, as a result of the refinancing, the borrower will lose one or more of the benefits of the special mortgage. Notwithstanding any provision to the contrary contained in this chapter, home loan refinancing transactions of first mortgage loans originated by, purchased by, or assigned to the Georgia Housing and Finance Authority shall not be presumed to be a flipping under this subsection.   Notwithstanding any provision to the contrary contained in this chapter regarding costs and attorneys' fees, in any action instituted by a borrower who alleges that the defendant violated this Code section, the borrower shall be entitled to costs and attorneys' fees only if the presiding judge, in the judge's discretion, allows reasonable attorneys' fees and costs to the borrower as prevailing party, such fees and costs to be taxed as a part of the court costs and payable by the losing party upon a finding by the presiding judge that the party charged with the violation has willfully engaged in the act or practice and there was unwarranted refusal by such party to fully resolve the matter which constitutes the basis of such action.     (Code 1981, §7-6A-4, enacted by Ga. L. 2002, p. 455, § 1; Ga. L. 2003, p. 1, § 1; Ga. L. 2004, p. 631, § 7.)
GA Code § 7-6A-6 (2021)
2021 Georgia Code|Title 7 - Banking and Finance|Chapter 6A - Georgia Fair Lending Act|§ 7-6A-6. Affirmative Claims and Defenses Against Creditors; Conditions for Relief; Actions Intending to Evade Chapter Prohibited

  Notwithstanding any other provision of law, where a home loan was made, arranged, or assigned by a person selling home improvements to the dwelling of a borrower, the borrower may assert against the creditor all affirmative claims and any defenses that the borrower may have against the seller or home improvement contractor, provided that this subsection shall not apply to loans other than high-cost home loans unless applicable law requires a certificate of occupancy, inspection, or completion to be obtained and said certificate is not obtained.   Notwithstanding any other provision of law, any person who purchases, is assigned, or otherwise becomes a holder of a high-cost home loan shall be subject to all affirmative claims and any defenses with respect to the high-cost home loan that the borrower could assert against the creditor of the high-cost home loan, unless the purchaser or holder demonstrates, by a preponderance of the evidence, that the purchaser or holder exercised reasonable due diligence at the time of purchase of the home loans, or within a reasonable time thereafter, intended to prevent the purchaser or holder from purchasing or taking assignment of high-cost home loans.   The relief granted in an action pursuant to subsection (b) of this Code section:   May be asserted by the borrower only in an individual action and shall not exceed the sum of the amount of all remaining indebtedness of the borrower under such loan and reasonable attorneys' fees in such individual action;   May be sought by the borrower of a high-cost home loan after notice of acceleration or foreclosure of the high-cost home loan, asserting a violation of Code Section 7-6A-4 or 7-6A-5 in an individual action to enjoin foreclosure or to preserve or obtain possession of the home secured by the high-cost home loan; and   Must be brought within one year from the date of the occurrence of the violation; provided, however, a borrower shall not be barred from asserting a violation of Code Section 7-6A-5 in an action to collect the debt which was brought more than one year from the date of the occurrence of such a violation as a matter of defense by recoupment or set-off in such action except as otherwise provided by law.     It shall be a violation of this chapter for any person to attempt in bad faith to avoid the application of this chapter by dividing any loan transaction into separate parts or structuring a home loan transaction as an open-end loan for the purpose of evading the provisions of this chapter when the loan would have been a high-cost home loan if the loan had been structured as a closed-end loan or engaging in any other subterfuge with the intent of evading any provision of this chapter.     (Code 1981, §7-6A-6, enacted by Ga. L. 2002, p. 455, § 1; Ga. L. 2003, p. 1, § 1.)   RESEARCH REFERENCES   C.J.S.   - 59 C.J.S., Mortgages, §§ 472 et seq., 575 et seq., 650 et seq.
GA Code § 7-6A-8 (2021)
2021 Georgia Code|Title 7 - Banking and Finance|Chapter 6A - Georgia Fair Lending Act|§ 7-6A-8. Enforcement of Chapter; Penalties for Violations

  The Attorney General, the district attorneys of this state, and the commissioner of banking and finance shall have jurisdiction to enforce this chapter through their general regulatory powers and through civil process. The Commissioner of Insurance shall have like authority to enforce paragraph (1) of Code Section 7-6A-3.   Any person, including members, officers, and directors of a creditor, who knowingly violates this chapter is guilty of a misdemeanor and, on conviction, is subject to a fine not exceeding $1,000.00 for each violation or to imprisonment not exceeding six months, or both.     (Code 1981, §7-6A-8, enacted by Ga. L. 2002, p. 455, § 1; Ga. L. 2003, p. 1, § 1.)   OPINIONS OF THE ATTORNEY GENERAL    Offenses arising under O.C.G.A. § 7-6A-1 et seq. and designated as misdemeanors under O.C.G.A. § 7-6A-8 require fingerprinting. 2002 Op. Att'y Gen. No. 2002-7.
GA Code § 7-6A-9 (2021)
2021 Georgia Code|Title 7 - Banking and Finance|Chapter 6A - Georgia Fair Lending Act|§ 7-6A-9. Terms of Insurer Providing Insurance Through Financed Premiums

 A creditor or servicer or an insurer providing insurance through premiums financed by a creditor of a home loan who, when acting in good faith, fails to comply with the provisions of this chapter will not be deemed to have violated this chapter if the creditor or servicer or insurer providing insurance through premiums financed by a creditor establishes that either:    Within 90 days of the loan closing and prior to receiving any notice from the borrower of the compliance failure, (A) the creditor or servicer has offered appropriate restitution to the borrower and appropriate adjustments are made to the loan or (B) to correct a compliance failure of paragraph (1) of Code Section 7-6A-3, an insurer providing insurance through premiums financed by a creditor may provide appropriate restitution to the borrower by returning premiums paid plus interest charged on the premiums to the borrower upon receipt of notice of the compliance failure; or   Within 90 days of discovering a compliance failure and prior to receiving any notice of the compliance failure and the compliance failure was not intentional and resulted from a bona fide error notwithstanding the maintenance of procedures reasonably adapted to avoid such errors, the borrower is notified of the compliance failure, appropriate restitution is offered to the borrower, and appropriate adjustments are made to the loan. Examples of a bona fide error include clerical, calculation, computer malfunction and programming, and printing errors. An error of legal judgment with respect to a person's obligations under this chapter is not a bona fide error.     (Code 1981, §7-6A-9, enacted by Ga. L. 2002, p. 455, § 1; Ga. L. 2003, p. 1, § 1.)
GA Code § 7-6A-10 (2021)
2021 Georgia Code|Title 7 - Banking and Finance|Chapter 6A - Georgia Fair Lending Act|§ 7-6A-10. Severability of Chapter

 The provisions of this chapter shall be severable and, if any phrase, clause, sentence, or provision is declared to be invalid or is preempted by federal law or regulation, the validity of the remainder of this chapter shall not be affected thereby. If any provision of this chapter is declared to be inapplicable to any category of persons or any specific category, type, or kind of loan or portions thereof, the provisions of this chapter shall nonetheless continue to apply with respect to all other persons and all other loans or portions thereof.    (Code 1981, §7-6A-10, enacted by Ga. L. 2002, p. 455, § 1; Ga. L. 2003, p. 1, § 1.)
GA Code § 7-6A-11 (2021)
2021 Georgia Code|Title 7 - Banking and Finance|Chapter 6A - Georgia Fair Lending Act|§ 7-6A-11. Municipality or County Not Able to Regulate Terms of Home Loans

 No municipality or county shall enact any ordinance or law that regulates the terms of home loans or that makes the eligibility of any person or entity to do business with the municipality or county dependent upon the terms of home loans originated or serviced by such person or entity.    (Code 1981, §7-6A-11, enacted by Ga. L. 2002, p. 455, § 1; Ga. L. 2003, p. 1, § 1.)
GA Code § 7-6A-12 (2021)
2021 Georgia Code|Title 7 - Banking and Finance|Chapter 6A - Georgia Fair Lending Act|§ 7-6A-12. Application; Preemption by Federal Law

 The provisions of this chapter shall not apply to any bank, trust company, savings and loan, savings bank, credit union, or subsidiary thereof, respectively, that is chartered under the laws of this state or any other state only to the extent federal law precludes or preempts or has been determined to preclude or preempt the application of the provisions of this chapter to any federally chartered bank, trust company, savings and loan, savings bank, or credit union, respectively, and such federal preclusion or preemption shall apply only to the same type of state chartered entity as the federally chartered entity affected; provided, however, that the provisions of this chapter, including subsection (f) of Code Section 7-6A-7, shall be applicable to an independent mortgage broker for any loan originated or brokered by the broker that is initially funded by any state or federally chartered bank, trust company, savings and loan, savings bank, or credit union.    (Code 1981, §7-6A-12, enacted by Ga. L. 2003, p. 1, § 1; Ga. L. 2020, p. 493, § 7/SB 429.)    The 2020 amendment,  effective July 29, 2020, part of an Act to revise, modernize, and correct the Code, substituted "provided, however, that the provisions" for "provided, however, the provisions" in the proviso of this Code section.   Law reviews.   - For note on the 2003 enactment of this Code section, see 20 Ga. St. U.L. Rev. 1 (2003).
GA Code § 7-6A-13 (2021)
2021 Georgia Code|Title 7 - Banking and Finance|Chapter 6A - Georgia Fair Lending Act|§ 7-6A-13. Promulgation of Rules and Regulations; Creditor's Good Faith Reliance on Guidance From Department Constituting Prima-Facie Evidence of Compliance

 Without limitations on the power conferred by Chapter 1 of this title, the Department of Banking and Finance shall have the authority to promulgate rules and regulations not inconsistent with law for the enforcement of this chapter to effectuate the purposes of this chapter and to clarify the meaning of terms. In complying with this chapter, a creditor's good faith reliance on any formal or informal written guidance of the Department of Banking and Finance previously made available to the general public shall constitute prima-facie evidence of compliance with this chapter. The provisions of this Code section shall apply even if, following the reliance, such guidance is amended, rescinded, or determined by any judicial or other authority to be invalid.    (Code 1981, §7-6A-13, enacted by Ga. L. 2003, p. 1, § 1.)   Law reviews.   - For note on the 2003 enactment of this Code section, see 20 Ga. St. U.L. Rev. 1 (2003).
GA Code § 7-7-1 (2021)
2021 Georgia Code|Title 7 - Banking and Finance|Chapter 7 - Loan Brokers|§ 7-7-1. Definitions

 As used in this chapter, the term:    "Advance fee" means any consideration which is assessed or collected, prior to the closing of a loan, by a loan broker.   "Borrower" means a person obtaining or desiring to obtain a loan of money, a credit card, or a line of credit.   "Loan broker" means any person, firm, or corporation who does not operate or maintain an office that is open regularly to the public for the transaction of business and where potential borrowers actually visit to transact, discuss, or negotiate potential loans and:   For or in expectation of consideration, arranges or attempts to arrange or offers to fund a loan of money, a credit card, or a line of credit;   For or in expectation of consideration, assists or advises a borrower in obtaining or attempting to obtain a loan of money, a credit card, a line of credit, or related guarantee, enhancement, or collateral of any kind or nature;   Acts for or on behalf of a loan broker for the purpose of soliciting borrowers; or   Holds himself out as a loan broker.  "Loan broker" does not include any regulated lender or any third party soliciting borrowers for a regulated lender pursuant to a written contract with the regulated lender or any mortgage banker or mortgage broker approved by a regulated lender or the federal Department of Housing and Urban Development, the Veterans' Administration, the Federal National Mortgage Corporation, or the Federal Home Loan Mortgage Corporation.      "Mortgage" means any indebtedness secured by a mortgage, deed of trust, security deed, or other lien on real property.   "Mortgage banker" means any person who in the regular course of business:   Holds himself out as being able to make mortgage loans;   Holds himself out as being able to service mortgage loans; or   Holds himself out as being able to buy or sell mortgage loans.     "Mortgage broker" means any person who in the regular course of business for compensation or gain or in the expectation of compensation or gain holds himself out as being able to assist a person in obtaining a mortgage loan.   "Principal" means any officer, director, partner, joint venturer, branch manager, or other person with similar managerial or supervisory responsibilities for a loan broker.   "Regulated lender" means any person, firm, corporation, or subsidiary thereof that is licensed by and subject to regulation or supervision of any agency of the United States or this state and is acting within the scope of the license.     (Code 1981, §7-7-1, enacted by Ga. L. 1992, p. 1123, § 1.)   Code Commission notes.   - Pursuant to Code Section 28-9-5, in 1992, a period was substituted for a semicolon at the end of paragraph (4).
GA Code § 7-7-2 (2021)
2021 Georgia Code|Title 7 - Banking and Finance|Chapter 7 - Loan Brokers|§ 7-7-2. Prohibited Practices by Loan Brokers

 No loan broker shall:    Engage in unfair or deceptive acts or practices that are declared to be unlawful by Part 2 of Article 15 of Chapter 1 of Title 10, the "Fair Business Practices Act of 1975";   Assess, collect, or solicit an advance fee from a borrower to provide services as a loan broker; provided, however, that nothing contained in this paragraph shall preclude a loan broker from soliciting a potential borrower to pay for or preclude a potential borrower from paying for actual services necessary to apply for a loan, including but not limited to a credit check or an appraisal of security where such payment is made by check or money order payable to a party independent of the loan broker;   Make or use any false or misleading representations or omit any material fact in the offer or sale of the services of a loan broker or engage, directly or indirectly, in any act that operates or would operate as fraud or deception upon any person in connection with the offer or sale of the services of a loan broker, notwithstanding the absence of reliance by the buyer;   Make or use any false or deceptive representation in its business dealings or to the department or conceal a material fact from the department; or   Offer the services of a loan broker by making, publishing, disseminating, circulating, or placing before the public within this state an advertisement in a newspaper or other publication or an advertisement in the form of a book, notice, handbill, poster, sign, billboard, bill, circular, pamphlet, letter, photograph, or motion picture or an advertisement circulated by radio, loud-speaker, telephone, television, telegraph, or in any other way, where said offer or advertisement does not disclose the name, business address, and telephone number of the loan broker. For purposes of this Code section, the loan broker shall disclose the actual address and telephone number of the business of the loan broker in addition to the address and telephone number of any forwarding service that the loan broker may use.     (Code 1981, §7-7-2, enacted by Ga. L. 1992, p. 1123, § 1.)
GA Code § 7-7-3 (2021)
2021 Georgia Code|Title 7 - Banking and Finance|Chapter 7 - Loan Brokers|§ 7-7-3. Liability of Principals

 Each principal of a loan broker may be sanctioned for the actions of the loan broker, including its agents or employees, in the course of business of the loan broker.    (Code 1981, §7-7-3, enacted by Ga. L. 1992, p. 1123, § 1.)
GA Code § 7-7-4 (2021)
2021 Georgia Code|Title 7 - Banking and Finance|Chapter 7 - Loan Brokers|§ 7-7-4. Borrower's Remedies for Violation of Chapter

  Any borrower injured by a violation of this chapter may bring civil action in a court of competent jurisdiction for recovery of damages. Judgment shall be entered for actual damages and in no case shall be less than the amount paid by the borrower to the loan broker, plus reasonable attorney's fees and costs.An award may also be entered for punitive damages.   Any borrower injured by a violation of this chapter may bring an action against the surety bond or trust account, if any, of the loan broker.   The remedies provided under this chapter are in addition to any other procedures or remedies for any violation or conduct provided for in any other law.     (Code 1981, §7-7-4, enacted by Ga. L. 1992, p. 1123, § 1.)
GA Code § 7-7-5 (2021)
2021 Georgia Code|Title 7 - Banking and Finance|Chapter 7 - Loan Brokers|§ 7-7-5. Operation of Chapter Not Limitable by Contract or Agreement

 A loan broker may not by contract, agreement, or otherwise limit the operation of this chapter, notwithstanding any other provision of law.    (Code 1981, §7-7-5, enacted by Ga. L. 1992, p. 1123, § 1.)
GA Code § 7-7-6 (2021)
2021 Georgia Code|Title 7 - Banking and Finance|Chapter 7 - Loan Brokers|§ 7-7-6. Penalties

 Any person who violates any provision of this chapter shall be guilty of a felony and upon conviction shall be subject to a fine not to exceed $5,000.00 or by imprisonment for not less than one nor more than five years, or both.    (Code 1981, §7-7-6, enacted by Ga. L. 1992, p. 1123, § 1.)