My Illinois attorney said sub-to is not a crime in this state and I keep replaying that sentence trying to find the hedge in it
She said it plainly, no qualifications, sitting across from me at her desk in Naperville last Tuesday. I had gone in there genuinely unsure because I had seen the word "fraud" attached to subject-to deals enough times that it was starting to feel like settled law. She walked me through it. The deed transfer itself is legal. Taking over payments is legal. What Illinois does not have is a criminal statute that targets this structure specifically. What does exist is the due-on-sale clause, which lives in the loan documents and gives the lender the right to call the note, but a contract right the lender can enforce is not the same thing as a crime the state can prosecute. I asked her to say that again more slowly and she did. She said the risk I am carrying is a civil risk between me and the servicer, not a criminal exposure. I have been in prep mode for about eight months now, holding paper on two notes, no doors yet, and the legal question was the one I kept putting off. I spent maybe $340 on that hour and I should have spent it six months ago.