actually, fraud can be a civil wrong as well as a criminal offence - if a person has been defrauded, they have a civil right of redress and the state is also wronged. in some systems, there is no disitnction between civil and public law and I recently read that the English legal system did not originally see crime as a crime against the state, but only an offence against the offended. the system changed after the Norman conquest when William the Bastard decided that he wanted to centralise power, yet also made communities responsible for crime committed in the local area.
in the case reported here, mortgage fraud is an offence under the criminal law (even if nobody makes a loss) and a civil wrong suffered by the lenders. years ago, I remember pointing out a serious and blatant fraud to a lender - a purchase in the name of somebody who was not the real owner and using falsified documentation - but because on the (forced) sale, they did not lose out, they did not care one iota. not one payment had been made on the mortgage in the time it existed, but they didn't care - they got their payments plus interest on sale and were not bothered that a fraud had adversely affected their cash-flow. I think that was about 1990.
most borrowers sign what the broker produces, whether it has gaps or not - brokers are notorious for getting deals through, but they are not the only ones. just this morning I got asked to advise in a lettings case where there were £50k of arrears - the tenant had lied when seeking the tenancy, but the law still protects them from 'unlawful' eviction.
cheats do often prosper.