Subject to is not a crime in Illinois, and that sentence deserves a careful reading
An Illinois real estate attorney will usually say it plainly, with no qualifications. Subject to is not a crime in this state. Investors who walk into that meeting genuinely unsure have usually seen the word fraud attached to subject to deals enough times that it has started to feel like settled law, so the walk through is worth laying out precisely. 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. A contract right the lender can enforce is a different thing from a crime the state can prosecute, and it is worth hearing that distinction twice, slowly. The risk a subject to buyer carries in Illinois is a civil risk between the buyer and the servicer, with no criminal exposure attached. Investors who sit in prep mode for months, holding paper on a note or two with no doors yet, tend to keep putting off exactly this question. An hour of a good attorney's time runs maybe $340, and the ones who spend it early are always glad they did.