ILCS » Chapter 765 · Act 5
Illinois Compiled Statutes

765 ILCS 5/28 (2026)

Deeds, mortgages, powers of attorney, and other instruments relating to or affecting the title to real estate in this state, shall be recorded in the county in which such real estate is situated; but if such county is not organized, then in the county to which such unorganized county is attached for judicial purposes

✓ current as of May 2026
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(765 ILCS 5/28) (from Ch. 30, par. 27)
    Sec. 28. Deeds, mortgages, powers of attorney, and other instruments relating to or affecting the title to real estate in this state, shall be recorded in the county in which such real estate is situated; but if such county is not organized, then in the county to which such unorganized county is attached for judicial purposes. No deed, mortgage, assignment of mortgage, or other instrument relating to or affecting the title to real estate in this State may include a provision prohibiting the recording of that instrument, and any such provision in an instrument signed after the effective date of this amendatory Act shall be void and of no force and effect.
(Source: P.A. 89-160, eff. 7-19-95.)

    
Notes of Decisions
Cited in 18 cases (2 in the last 5 years), 1996–2024 · leading case: Union Cnty. v. MERSCORP, Inc., 920 F. Supp. 2d 923 (S.D. Ill. 2013).
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Union Cnty. v. MERSCORP, Inc., 920 F. Supp. 2d 923 (S.D. Ill. 2013). · cites it 10× “Plaintiffs’ Complaint Plaintiffs’ removed “Amended Class Action Complaint” claims that Defendants, a “national registry that tracks ownership and servicing rights in residential mortgage loans” and its shareholders, failed to comply with Illinois’s recording statute, 765 ILCS…”
Merscorp, Inc. v. Del. Cnty., 207 A.3d 855 (Pa. 2019). “at 733 (quoting, in part, 765 ILCS 5/28 ). The Seventh Circuit stated that the notice does not require a person to return defective products, but instead provides the location for the return if the consumer chooses to do so.”
United Cmty. Bank v. Prairie State Bank & Trust, 2012 IL App (4th) 110973 (Ill. App. Ct. 2012). · cites it 2× “” 765 ILCS 5/28 (West 2010). Absent such recording, unless a “creditor[ ] [or] subsequent purchaser[ ]” otherwise has “notice” of the executory contract by which the vendee acquired an equitable interest in the land, that contract is a nullity as to the “creditor[ ] [or]…”
Banco Popular v. Beneficial Sys., Inc., 780 N.E.2d 1113 (Ill. App. Ct. 2002). “…lien is immaterial. However, section 28 of the Act states that provisions such as this have “no force and effect.” 765 ILCS 5/28 ( West 1998 ).”
Aames Capital Corp. v. Interstate Bank of Oak Forest, 734 N.E.2d 493 (Ill. App. Ct. 2000). “765 ILCS 5/28 (West 1996). The purpose of this section is to give third parties the opportunity to ascertain the status of title to the property.”
Union Cnty. v. Merscorp, Inc., 735 F.3d 730 (7th Cir. 2013). “The counties base their claim on section 28 of the Illinois Conveyances Act, which assumed essentially its present form in 1873 (portions of it date back to the 1820s) and is codified as 765 ILCS 5/28 and provides, so far as relates to this case, that deeds, mortgages, powers of…”
Fed. Nat'l Mortg. Ass'n v. Kuipers, 732 N.E.2d 723 (Ill. App. Ct. 2000). “765 ILCS 5/28 (West 1996). The purpose of this section is to give third parties the opportunity to ascertain the status of title to the property.”
King v. De Kalb Cnty. Plan. Dep't, 917 N.E.2d 36 (Ill. App. Ct. 2009). · cites it 2× “See 765 ILCS 5/28 (West 2006). King further noted that the survey was placed in a planning department file with similar surveys and was noted on a Squaw Grove Township map included in the same file.”
Farmers State Bank v. Neese, 665 N.E.2d 534 (Ill. App. Ct. 1996). “We note section 28 of the Conveyances Act requires all "instruments relating to or affecting the title to real estate in this state” to be recorded (765 ILCS 5/28 (West 1992)); the bank has not advanced any reason this language does not include assignments.”
Macon Cnty. v. Merscorp, Inc., 968 F. Supp. 2d 959 (C.D. Ill. 2013). · cites it 2× “Plaintiffs’ original complaint alleged that the Illinois recording statute, 765 ILCS 5/28, mandates recording of all mortgage assignments and that Defendants violated that statute by failing to record mortgage assignments among MERS members.”
Almazan v. 7354 Corp., 2023 IL App (1st) 220794 (Ill. App. Ct. 2023). “” 765 ILCS 5/28 (West 2022). Section 30 provides: 7 No.”
Nat'l Union Fire Ins. v. Krause (In re Krause), 526 B.R. 768 (N.D. Ill. 2014). “In fact, the Illinois recording statute, 765 ILCS 5/28, does not create a mandatory duty to record a mortgage.”
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