“BUT you still need to prove intent to lie along with the other elements of fraud. A lie is not actionable if the recipient knew it was untrue or should have known or did not rely upon it. If the lie is not material then it is presumed to belie upon which nobody relied.”
The intent is found in the USPTO patents and algorithms. Dissect the reasoning for patents. NEW ideas/inventions. Traditional mortgages are not new. Securitization / rehypothecation with intended foreclosure scheme gave the banks grounds for patented procedures.
Fraud detection was built into underwriting software, which allowed the program to obtain patent. It was intentionally relaxed.