In today’s lending climate, confession of judgment provisions (“COJ Provisions”) have become a fact of life for the Virginia banker. Indeed, as troubled loans become more prevalent, a properly drafted COJ Provision can often be a creditor’s best friend. No longer can we afford to lump COJ Provisions into that fuzzy “boilerplate” category that we so easily gloss over. More and more bankers are coming to the realization that a COJ Provision is one of the most powerful tools a creditor can have against a defaulting debtor.
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