While these rights might seem enforceable in the absence of specific statutory or common law limitations, a recent case demonstrates that even the most well-drafted contractual rights can lead to lender liability if they exceed the bounds of permissible control and contribute to a borrower's ultimate financial distress. Lending documents may contain protective covenants and expansive remedies that give lenders a degree of control over a borrower's actions. Lenders must also ensure that all Medical Loan documents are clear, concise, and easily understood.
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