Abstract
A. Under-Inclusivity and Inflexibility of the Major Federal Anti Predatory Lending Laws: RESPA, TILA, and HOEPA.2061 B. External Barriers to Existing Remedies: The Do Equity Requirement and the Holder in Due Course Doctrine.2065 III. Crafting a Litigation-Based Private Enforcement Scheme to Expand Relief from Predatory Loans and Deter Predatory Lending.2069 A. Adopting a Flexible Anti-Predatory Lending Standard Through a Lender Suitability Duty of Care.2070 1. The Suitability Doctrine in Securities Law.2071 2. Existing Proposals for a Lender Suitability Duty and Further Recommendations.2073 3. Potential Remedies for Violations of the Suitability Duty.2078 4. The Mortgage Reform and Anti-Predatory Lending Act of 2009.2079 B. Eliminating Practical Barriers to Suit: Targeted Abrogation of the Do Equity Requirement and Holder in Due Course Doctrine.2080 IV. Expanding Regulatory Oversight to All Mortgage Lenders Under the
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