One of the most oppressive tools available to commercial landlords and lenders alike is what is called a warrant of attorney. Most loan and lease agreements contain a provision known as a warrant of attorney that allows such lenders and landlords the ability to enter a judgment of record against their tenants and borrowers, as the case may be, by simply filing a complaint alleging a default under the applicable loan or lease agreement and then demanding a confessed judgment of an amount certain.
A confessed judgment allows lenders and landlords to have a judgment of record entered in their favor against an allegedly defaulting borrower or tenant before the borrower or tenant even knows what happened.
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