ILCS » Chapter 735 · Act 5
Illinois Compiled Statutes

735 ILCS 5/15-1702 (2026)

Specific Rules of Possession

✓ current as of May 2026
Find cases: SyfertCases citing this section IL-ILGAilga.gov JustiaChapter on Justia CornellLII Search CasesGoogle Scholar
(735 ILCS 5/15-1702) (from Ch. 110, par. 15-1702)
    Sec. 15-1702. Specific Rules of Possession. (a) Mortgagee's Rights. No mortgagee shall be required to take possession of the mortgaged real estate, whether upon application made by any other party or otherwise. Whenever a mortgagee entitled to possession so requests, the court shall appoint a receiver. The failure of a mortgagee to request possession or appointment of a receiver shall not preclude a mortgagee otherwise entitled to possession from making such a request at any future time. The appointment of a receiver shall not preclude a mortgagee from thereafter seeking to exercise such mortgagee's right to be placed in possession.
    (b) Designation of Receivers. Whenever a receiver is to be appointed, the mortgagee shall be entitled to designate the receiver. If the mortgagor or any other party to the foreclosure objects to any such designation or designations and shows good cause, or the court disapproves the designee, the mortgagee in such instance shall be entitled to make another designation.
    (c) Rights of Mortgagee Having Priority. If a mortgagee having priority objects to the proposed possession by a subordinate mortgagee or by a receiver designated by the subordinate mortgagee, upon entry of a finding in accordance with subsection (d) of Section 15-1702 the court shall instead place that objecting mortgagee in possession or, if a receiver is to be designated in accordance with subsection (b) of Section 15-1702, allow the designation of the receiver to be made by that objecting mortgagee.
    (d) Removal of Mortgagee in Possession. A mortgagee placed in possession shall not be removed from possession, and no receiver or other mortgagee shall be placed in possession except upon (i) the mortgagee's misconduct, death, legal disability or other inability to act, (ii) appointment of a receiver in accordance with subsection (a) of Section 15-1704 or (iii) a showing of good cause by a mortgagee having priority. A receiver shall not be removed solely on account of being designated by a mortgagee later determined not to have priority.
    (e) Determination of Priority. If the court is required to determine priority for the purposes of subsection (c) of Section 15-1702, a new determination shall be made each time a mortgagee is to be placed in possession or a receiver is to be appointed and shall be an interim determination which shall not preclude the court from making a contrary determination later in the foreclosure. If the court subsequently shall make such a contrary determination, a mortgagee in possession or acting receiver shall not be removed except in accordance with Part 17 of this Article.
    (f) Rights to Crops. With respect to any crops growing or to be grown on the mortgaged real estate, the rights of a holder of any obligation secured by a collateral assignment of beneficial interest in a land trust, the rights of a mortgagee in possession, or the rights of a receiver, including rights by virtue of an equitable lien, shall be subject to a security interest properly perfected pursuant to Article 9 of the Uniform Commercial Code, where the holder of a collateral assignment, mortgagee in possession, or receiver becomes entitled to crops by obtaining possession on or after the effective date of this Amendatory Act of 1988.
(Source: P.A. 85-1427.)

    
Notes of Decisions
Cited in 6 cases (1 in the last 5 years), 1993–2025 · leading case: Bank of Edwardsville v. J.D. Monarch Dev. Co. (In Re J.D. Monarch Dev. Co.), 153 B.R. 829 (Bankr. S.D. Ill. 1993).
Sort: Relevance Newest Treatment
Bank of Edwardsville v. J.D. Monarch Dev. Co. (In Re J.D. Monarch Dev. Co.), 153 B.R. 829 (Bankr. S.D. Ill. 1993). “Likewise, a receiver appointed at the request of a mortgagee entitled to possession collects rents, issues and profits from the mortgaged real estate, giving the mortgagee a specific lien on the rents to satisfy any deficiency.”
Bankr. L. Rep. P 75,440, 21 Ucc rep.serv.2d 757 in the Matter of Henry Robert Fullop, Debtor. Charles E. Jones, Successor Tr. to Gibson D. Karnes, Tr., Appellant-Cross-Appellee v. Salem Nat'l Bank, Appellee-Cross-Appellant, 6 F.3d 422 (7th Cir. 1993). “However, the holding in Anna central to the case before us remains the law in Illinois--a lien granted by a rents and profits clause in an agreement conveying an interest in real property is not an interest subject to Article 9 perfection requirements, even though a security…”
BMO Harris N.A. v. Kautz, 2014 IL App (2d) 140399 (Ill. App. Ct. 2014). “735 ILCS 5/15-1702(a) (West 2012). ¶ 10 Section 15-1219 of the Code of Civil Procedure (Code) defines “residential real estate” as meaning: “[A]ny real estate, except a single tract of agricultural real estate consisting of more than 40 acres, which is improved with a single…”
Bank of Am. v. 108 N. State LLC (Ill. App. Ct. 2010). · cites it 2× “In their response to plaintiff’s motion to appoint a receiver, defendants argued that a receiver should not be appointed, because pursuant to section 15-1702(a) of the Foreclosure Law (735 ILCS 5/15-1702(a) (West 2006)), plaintiff failed to establish that there is a reasonable…”
Fed. Nat'l Mortg. Ass'n v. DL Woodlawn I, LLC, 2025 IL App (1st) 242068-U (Ill. App. Ct. 2025). “See 735 ILCS 5/15-1704 (a) (West 2024) (“upon request of any party and a showing of good cause”), 735 ILCS 5/15-1702 (West 2024) (discussing subordinate mortgagees).”
Centerpoint Porperties Trust v. Olde Prairie Block Owner, LLC (Ill. App. Ct. 2010). “ceiver, relying on section 15-1704(a) of the Act, which provides, in part, that “upon request of any party and a showing of good cause, the court shall appoint a receiver for the mortgaged real estate” (735 ILCS 5/15-1704(a) (West 2004)), and section 15-1702(a), which provides…”
— 735 ILCS 5/15-1702(a) — 3 cases
BMO Harris N.A. v. Kautz, 2014 IL App (2d) 140399 (Ill. App. Ct. 2014). “735 ILCS 5/15-1702(a) (West 2012). ¶ 10 Section 15-1219 of the Code of Civil Procedure (Code) defines “residential real estate” as meaning: “[A]ny real estate, except a single tract of agricultural real estate consisting of more than 40 acres, which is improved with a single…”
Bank of Am. v. 108 N. State LLC (Ill. App. Ct. 2010). “In their response to plaintiff’s motion to appoint a receiver, defendants argued that a receiver should not be appointed, because pursuant to section 15-1702(a) of the Foreclosure Law (735 ILCS 5/15-1702(a) (West 2006)), plaintiff failed to establish that there is a reasonable…”
Centerpoint Porperties Trust v. Olde Prairie Block Owner, LLC (Ill. App. Ct. 2010). “ceiver, relying on section 15-1704(a) of the Act, which provides, in part, that “upon request of any party and a showing of good cause, the court shall appoint a receiver for the mortgaged real estate” (735 ILCS 5/15-1704(a) (West 2004)), and section 15-1702(a), which provides…”
— 735 ILCS 5/15-1702(b) — 1 case
Bank of Am. v. 108 N. State LLC (Ill. App. Ct. 2010). “In their response to plaintiff’s motion to appoint a receiver, defendants argued that a receiver should not be appointed, because pursuant to section 15-1702(a) of the Foreclosure Law (735 ILCS 5/15-1702(a) (West 2006)), plaintiff failed to establish that there is a reasonable…”
— 735 ILCS 5/15-1702(f) — 1 case
Bankr. L. Rep. P 75,440, 21 Ucc rep.serv.2d 757 in the Matter of Henry Robert Fullop, Debtor. Charles E. Jones, Successor Tr. to Gibson D. Karnes, Tr., Appellant-Cross-Appellee v. Salem Nat'l Bank, Appellee-Cross-Appellant, 6 F.3d 422 (7th Cir. 1993). “However, the holding in Anna central to the case before us remains the law in Illinois--a lien granted by a rents and profits clause in an agreement conveying an interest in real property is not an interest subject to Article 9 perfection requirements, even though a security…”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.