Play it as it lies: Dealing with unlawful judgment by confession clauses
By Michael G. Cortina
Commercial Banking, Collections, and Bankruptcy,
January 2015
In the game of golf, the ball should be played from where the player finds it without any improvement to the situation; the same should occur if a court finds itself dealing with parties to an unlawful confession of judgment clause, which is to leave the parties where it finds them. Play it as it lies.
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