A sub-originator accredited by a lender's originator under a Sub-Originator Agreement is not thereby constituted a sub-agent of the originator or the lender; the agreement must be examined to determine whether it creates an agency relationship or merely a contract for services. A lender does not owe a borrower a duty of care to warn of or guard against risks of fraud by a broker where there is no assumption of responsibility and the borrower is not vulnerable in the relevant sense. Even if a loan procured by fraud were declared void, the declaration would be conditional upon repayment of the loan amount with interest, by analogy with rescission.
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