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Updated over 8 years ago,

User Stats

95
Posts
59
Votes
Eric S.
  • Glen Ellyn, IL
59
Votes |
95
Posts

confession of judgment/deed in lieu of foreclosure question

Eric S.
  • Glen Ellyn, IL
Posted

legal question for an illinois attorney lawyer or anyone who does seller financing:

is it legal to write a confession of judgment into a seller financing loan contract on an investor deal, essentially having the buyer waive his right to due process, and then have them pre-sign a deed in lieu of foreclosure that would be held in escrow by an attorney and recorded after the default?

i talked to an attorney about this, and she said that it is legal, but is there any case law out there that supports this action in case of a default?

i know it is one thing to write this into the contract, but another to actually carry through with it and have it stand up in case a defaulting buyer decides to sue after i took a property back.  

i know it wouldn't work for an owner occupied deal, but investors aren't protected like owner occupants are.  i'm getting ready to sell a property on a 10 year mortgage and would really appreciate any feedback on this issue.