Interesting thought. At some point though the individual “fraud” is a negligible part of the basket sold. Those types of lawsuits would be brought between a buyer and seller in traditional lawsuits and not by an attorney general.
1. The risk here involves a state case, not a civil matter between borrowers and lenders. The State of New York has effectively made itself a potentially “injured” party in every financial transaction in the state.
2. There’s no such thing as “negligible” under New York law. Donald Trump was just successfully sued in a case where the fraud was non-existent as a civil matter.