ILCS » Chapter 765 · Act 5
Illinois Compiled Statutes

765 ILCS 5/11 (2026)

(a) Mortgages of lands may be substantially in the following form:     The Mortgagor (here insert name or names), mortgages and warrants to (here insert name or names of mortgagee or mortgagees), to secure the payment of (here recite the nature and amount of indebtedness, showing when due and the rate of interest, and whether secured by note or otherwise), the following described real estate (here insert description thereof), situated in the County of

✓ current as of May 2026
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(765 ILCS 5/11) (from Ch. 30, par. 10)
    Sec. 11. (a) Mortgages of lands may be substantially in the following form:
    The Mortgagor (here insert name or names), mortgages and warrants to (here insert name or names of mortgagee or mortgagees), to secure the payment of (here recite the nature and amount of indebtedness, showing when due and the rate of interest, and whether secured by note or otherwise), the following described real estate (here insert description thereof), situated in the County of ...., in the State of Illinois.
    Dated (insert date).
(signature of mortgagor or mortgagors)

    The names of the parties shall be typed or printed below the signatures. Such form shall have a blank space of 3 1/2 inches by 3 1/2 inches for use by the recorder. However, the failure to comply with the requirement that the names of the parties be typed or printed below the signatures and that the form have a blank space of 3 1/2 inches by 3 1/2 inches for use by the recorder shall not affect the validity and effect of such form.
    Such mortgage, when otherwise properly executed, shall be deemed and held a good and sufficient mortgage in fee to secure the payment of the moneys therein specified; and if the same contains the words "and warrants," the same shall be construed the same as if full covenants of ownership, good right to convey against incumbrances of quiet enjoyment and general warranty, as expressed in Section 9 of this Act were fully written therein; but if the words "and warrants" are omitted, no such covenants shall be implied. When the grantor or grantors in such deed or mortgage for the conveyance of any real estate desires to release or waive his, her or their homestead rights therein, they or either of them may release or waive the same by inserting in the form of deed or mortgage (as the case may be), provided in Sections 9, 10 and 11, after the words "State of Illinois," in substance the following words, "hereby releasing and waiving all rights under and by virtue of the homestead exemption laws of this State."
    Mortgages securing "reverse mortgage" loans shall be subject to this Section except where requirements concerning the definiteness of the term and amount of indebtedness provisions of a mortgage would be inconsistent with the Acts authorizing "reverse mortgage" loans, or rules and regulations promulgated under those Acts.
    Mortgages securing "revolving credit" loans shall be subject to this Section.
    (b) The provisions of subsection (a) regarding the form of a mortgage are, and have always been, permissive and not mandatory. Accordingly, the failure of an otherwise lawfully executed and recorded mortgage to be in the form described in subsection (a) in one or more respects, including the failure to state the interest rate or the maturity date, or both, shall not affect the validity or priority of the mortgage, nor shall its recordation be ineffective for notice purposes regardless of when the mortgage was recorded.
(Source: P.A. 97-1164, eff. 6-1-13.)

    
Notes of Decisions
Cited in 12 cases (1 in the last 5 years), 2002–2024 · leading case: In re Crane, 742 F.3d 702 (7th Cir. 2013).
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In re Crane, 742 F.3d 702 (7th Cir. 2013). · cites it 10× “The trustees argue here that the mortgages were legally insufficient to give constructive notice to hypothetical bona fide purchasers because they failed to satisfy what the trustees call the formal “requirements” in the mortgage recording statute as it existed when these…”
Peterson v. Berg (In Re Berg), 387 B.R. 524 (Bankr. N.D. Ill. 2008). · cites it 2× “*560 (signature of mortgagor or mortgagors) 765 ILCS 5/11 (emphasis added). Plaintiff relies on Bullock v.”
Gifford State Bank v. Richardson, 487 B.R. 906 (C.D. Ill. 2013). · cites it 4× “He argued that both of the mortgages failed to state the interest rate and the maturity date in violation of 765 ILCS 5/11 and therefore did not give constructive notice to subsequent bona fide purchasers.”
Peoples Nationals Bank, N.A. v. Jones, 482 B.R. 257 (S.D. Ill. 2012). · cites it 2× “Under Illinois law, 765 ILCS 5/11 provides that a mortgage should “.”
Bank of Illinois v. Covey (In re Shara Manning Props., Inc.), 475 B.R. 898 (Bankr. C.D. Ill. 2010). “The counterclaim alleges that the Peoria County Circuit Court previously adjudicated the validity of BOI’S mortgage, determining that it does not substantially comply with the statutory requirements of 765 ILCS 5/11 and is not a “proper” mortgage.”
Citizens Sav. Bank v. Covey (In Re Pak Builders), 284 B.R. 650 (Bankr. C.D. Ill. 2002). “Finally, the TRUSTEE argues that reformation is not possible because the mortgages securing the Line of Credit are invalid since the nature of the secured debt is not correctly identified on each mortgage in violation of the minimum requirements for drafting a mortgage as set…”
Peoples Nat'l Bank, N.A. v. Banterra Bank, 719 F.3d 608 (7th Cir. 2013). · cites it 4× “Section 11 does appear to provide something of a checklist of pieces of information for inclusion in a valid mortgage.”
Bruegge v. WBCMT 2007-C33 Mid Am. Lodging, LLC (In re Hie of Effingham, LLC), 490 B.R. 800 (Bankr. S.D. Ill. 2013). “765 ILCS 5/11 (2011). The mortgage instrument in this case is titled “Mortgage, Assignment of Rents and Leases, Security Agreement and Fixture Filing” and provides, in part: THIS MORTGAGE ASSIGNMENT OF RENTS AND LEASES, SECURITY AGREEMENT AND FIXTURE FILING (“Security…”
Mulkanoor v. Am. Home Mortg. Corp (In re Mulkanoor), 595 B.R. 795 (Bankr. N.D. Ill. 2018). “765 ILCS 5/11 ; Duckworth , 776 F.3d at 453 .”
Robert Bruegge v. Farmer State Bank of Hoffman (7th Cir. 2013). · cites it 10× “2010) (construction lender’s mortgage was valid and enforceable against debtor and second lender even if it omitted the debt amount, interest rate, and maturity date where second lender had actual notice of construction lender’s mortgage; 765 ILCS 5/11 creates a “safe harbor”…”
United States Sec. & Exch. Comm'n v. Equitybuild, Inc. (N.D. Ill. 2024). “See [1588] at 10 (citing 765 ILCS 5/11). Relying on the precept that “equity follows the law,” the Institutional Lenders assert that the distribution plan must allow them to recover all of the amounts to which they are entitled under their contract and Illinois law.”
Pliura v. Brady (Bankr. C.D. Ill. 2020). “765 ILCS 5/11(a). -21- as his assertion that his wife’s signature on the Note was not necessary because the Pliuras were protected by taking the Rockingham properties as collateral, were, in essence, also about his financial condition.”
— 765 ILCS 5/11(a) — 1 case
Pliura v. Brady (Bankr. C.D. Ill. 2020). “765 ILCS 5/11(a). -21- as his assertion that his wife’s signature on the Note was not necessary because the Pliuras were protected by taking the Rockingham properties as collateral, were, in essence, also about his financial condition.”
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