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Illinois Compiled Statutes

735 ILCS 5/15-1207 (2026)

Mortgage

✓ current as of May 2026
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(735 ILCS 5/15-1207) (from Ch. 110, par. 15-1207)
    Sec. 15-1207. Mortgage. "Mortgage" means any consensual lien created by a written instrument which grants or retains an interest in real estate to secure a debt or other obligation. The term "mortgage" includes, without limitation:
    (a) mortgages securing "reverse mortgage" loans as authorized by subsection (a) of Section 5 of the Illinois Banking Act;
    (b) mortgages securing "revolving credit" loans as authorized by subsection (c) of Section 5 of the Illinois Banking Act, Section 1-6b of the Illinois Savings and Loan Act and Section 46 of the Illinois Credit Union Act;
    (c) every deed conveying real estate, although an absolute conveyance in its terms, which shall have been intended only as a security in the nature of a mortgage;
    (d) equitable mortgages; and
    (e) instruments which would have been deemed instruments in the nature of a mortgage prior to the effective date of this amendatory Act of 1987.
(Source: P.A. 85-907.)

    
Notes of Decisions
Cited in 10 cases (5 in the last 5 years), 2000–2025 · leading case: Paliatka v. Bush, 109 N.E.3d 343 (Ill. App. Ct. 2018).
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Paliatka v. Bush, 109 N.E.3d 343 (Ill. App. Ct. 2018). “Equitable Mortgage ¶ 21 Mortgage is defined by the Illinois Mortgage Foreclosure Law as a type of lien, specific to real property, created by a consensual written instrument that grants or retains an interest in real estate to secure a debt or other obligation.”
BMO Bank N.A. v. Zbroszczyk, 2025 IL App (1st) 241333 (Ill. App. Ct. 2025). “A bank may engage in making revolving credit loans secured by mortgages or deeds of trust on real property (see 205 ILCS 5/5d (West 2022)), and the Mortgage Foreclosure Law provides that it applies to mortgages securing revolving credit loans (735 ILCS 5/15-1207(b) (West 2022)).…”
In re Primes, 518 B.R. 466 (Bankr. N.D. Ill. 2014). · cites it 2× “See also 735 ILCS 5/15-1207(d), (e) (term “mortgage” also includes “equitable mortgages” and “instruments which would have been deemed instruments in the nature of a mortgage prior to the effective date of this amendatory Act of 1987”).”
AS 1, LLC v. Celtic Home Solutions, LLC, 2022 IL App (1st) 220485 (Ill. App. Ct. 2022). “See 735 ILCS 5/15-1207 (West 2020). Specifically, it is an interest in land created by a written instrument that secures real estate to ensure the payment of a debt.”
Chicago Title Land Trust Co. v. Watkin, 2025 IL App (1st) 241354 (Ill. App. Ct. 2025). “The mortgage constitutes a lien on the subject real estate “from the time [the] mortgage is recorded.”
DJK Enter. LLC (Bankr. S.D. Ill. 2025). “” 735 ILCS 5/15-1207(c). As the Primes court explained, [w]here it is demonstrated that the consideration for the deed is a prior indebtedness and it is demonstrated that the indebtedness was not satisfied by the purported conveyance, ‘it will be presumed that a mortgage was…”
The Bank of New York Mellon v. Mondroski, 2025 IL App (2d) 240265-U (Ill. App. Ct. 2025). “¶ 32 As to subjection matter jurisdiction, Michelle notes that section 15-1207 of the Foreclosure Law (735 ILCS 5/15-1207 (West 2022)) defines a mortgage as a “consensual lien” that grants an interest in real estate to secure a debt and that, because she never granted a…”
Robert Bruegge v. Farmer State Bank of Hoffman (7th Cir. 2013). “Illinois statutes and cases show beyond doubt that the debt amount is an indispensable element of a mortgage and must be included in a recording, in at least some way, for the recording to be effective against a third party.”
Aames Capital Corp. v. Interstate Bank of Oak Forest (Ill. App. Ct. 2000). “See 735 ILCS 5/15-1207 (West 1996). Specifically, it is an interest in land created by written instrument providing security in real estate to secure the payment of a debt.”
Fed. Nat'l Mortg. Assoc. v. Kuipers (Ill. App. Ct. 2000). “See 735 ILCS 5/15-1207 (West 1996). Specifically, it is an interest in land created by written instrument providing security in real estate to secure the payment of a debt.”
— 735 ILCS 5/15-1207(b) — 1 case
BMO Bank N.A. v. Zbroszczyk, 2025 IL App (1st) 241333 (Ill. App. Ct. 2025). “A bank may engage in making revolving credit loans secured by mortgages or deeds of trust on real property (see 205 ILCS 5/5d (West 2022)), and the Mortgage Foreclosure Law provides that it applies to mortgages securing revolving credit loans (735 ILCS 5/15-1207(b) (West 2022)).…”
— 735 ILCS 5/15-1207(c) — 1 case
DJK Enter. LLC (Bankr. S.D. Ill. 2025). “” 735 ILCS 5/15-1207(c). As the Primes court explained, [w]here it is demonstrated that the consideration for the deed is a prior indebtedness and it is demonstrated that the indebtedness was not satisfied by the purported conveyance, ‘it will be presumed that a mortgage was…”
— 735 ILCS 5/15-1207(d) — 1 case
In re Primes, 518 B.R. 466 (Bankr. N.D. Ill. 2014). “See also 735 ILCS 5/15-1207(d), (e) (term “mortgage” also includes “equitable mortgages” and “instruments which would have been deemed instruments in the nature of a mortgage prior to the effective date of this amendatory Act of 1987”).”
— 735 ILCS 5/15-1207(e) — 1 case
In re Primes, 518 B.R. 466 (Bankr. N.D. Ill. 2014). “See also 735 ILCS 5/15-1207(d), (e) (term “mortgage” also includes “equitable mortgages” and “instruments which would have been deemed instruments in the nature of a mortgage prior to the effective date of this amendatory Act of 1987”).”
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