ILCS » Chapter 765 · Act 5
Illinois Compiled Statutes

765 ILCS 5/30 (2026)

All deeds, mortgages and other instruments of writing which are authorized to be recorded, shall take effect and be in force from and after the time of filing the same for record, and not before, as to all creditors and subsequent purchasers, without notice; and all such deeds and title papers shall be adjudged void as to all such creditors and subsequent purchasers, without notice, until the same shall be filed for record

✓ current as of May 2026
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(765 ILCS 5/30) (from Ch. 30, par. 29)
    Sec. 30. All deeds, mortgages and other instruments of writing which are authorized to be recorded, shall take effect and be in force from and after the time of filing the same for record, and not before, as to all creditors and subsequent purchasers, without notice; and all such deeds and title papers shall be adjudged void as to all such creditors and subsequent purchasers, without notice, until the same shall be filed for record.
(Source: Laws 1871-2, p. 282.)

    
Notes of Decisions
Cited in 47 cases (7 in the last 5 years), 1993–2025 · leading case: US Bank Nat'l Ass'n v. Villasenor, 2012 IL App (1st) 120061 (Ill. App. Ct. 2012).
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US Bank Nat'l Ass'n v. Villasenor, 2012 IL App (1st) 120061 (Ill. App. Ct. 2012). · cites it 4× “765 ILCS 5/30 (West 2004). The statute pertinently reads, “creditors and subsequent purchasers, without notice; and all such deeds and title papers shall be adjudged void as to all such creditors and subsequent purchasers, without notice, until the same shall be filed for record.”
United Cmty. Bank v. Prairie State Bank & Trust, 2012 IL App (4th) 110973 (Ill. App. Ct. 2012). · cites it 6× “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] subsequent purchaser[ ],” according…”
Farmers State Bank v. Neese, 665 N.E.2d 534 (Ill. App. Ct. 1996). · cites it 5× “) 765 ILCS 5/30 (West 1992). As a mortgage, the bank’s interest was void as to all creditors and subsequent purchasers without notice until it recorded in June 1992, so the IRS lien had priority under the Lien Act.”
Banco Popular v. Beneficial Sys., Inc., 780 N.E.2d 1113 (Ill. App. Ct. 2002). · cites it 3× “BSI argues that pursuant section 30 of the Conveyances Act (Act) (765 ILCS 5/30 ( West 1998 )), Reynolds was a creditor without notice of Marsha’s interest in the property and Marsha’s deed became effective as to Reynolds only after she recorded it; therefore, Marsha, BPT and…”
Fed. Nat'l Mortg. Ass'n v. Kuipers, 732 N.E.2d 723 (Ill. App. Ct. 2000). · cites it 3× “According to Fortney, section 30 of the Conveyances Act (765 ILCS 5/30 (West 1996)) required FNMA to record the assignment in order to maintain priority as to any bona fide purchasers or creditors who filed liens against the property.”
Loop Mortg. Corp. v. Williams, 706 N.E.2d 465 (Ill. 1998). · cites it 4× “The grantee's failure to record the deed may affect the grantee's rights vis-a-vis a third party who purchases the property without notice of the grantee's unrecorded interest (see 765 ILCS 5/30 (West 1996)), but the grantee's failure to record does not resuscitate the grantor's…”
In Re Cook Cnty. Treasurer, 706 N.E.2d 465 (Ill. 1998). · cites it 2× “The grantee's failure to record the deed may affect the grantee's rights vis-a-vis a third party who purchases the property without notice of the grantee's unrecorded interest (see 765 ILCS 5/30 (West 1996)), but the grantee's failure to record does not resuscitate the grantor's…”
Smith v. SIPI, LLC (In Re Smith), 614 F.3d 654 (7th Cir. 2010). · cites it 2× “Under the Illinois Conveyances Act’s recording statute, “All deeds, mortgages and other instruments of writing which are authorized to be recorded, shall take effect and be in force from and after the time of filing the same for record, and not before, as to all creditors and…”
U.S. Bank Nat'l Ass'n v. Rahman, 2016 IL App (2d) 150040 (Ill. App. Ct. 2016). “The issue is moot because we have already determined that section 2-1401(e) of the Code protects the Badermans’ rights in the Subject Property, regardless of defendant’s petition to quash service. ¶ 45 Likewise, we need not address the Badermans’ argument that defendant’s…”
Members Equity Credit Union v. Duefel, 692 N.E.2d 865 (Ill. App. Ct. 1998). · cites it 2× “765 ILCS 5/30 (West 1994). It is not disputed that the first mortgage was of record at the time of the judicial sale, and Martinson, as a subsequent purchaser, is deemed to have had notice of its existence.”
Almazan v. 7354 Corp., 2023 IL App (1st) 220794 (Ill. App. Ct. 2023). · cites it 2× “) 765 ILCS 5/30 (West 2022). Pursuant to the statute above, at the time of the November 2018 closing, plaintiff’s installment contract, which was recorded before November 2018, had “effect” and was “in force” as to subsequent purchasers, such as defendants.”
Aames Capital Corp. v. Interstate Bank of Oak Forest, 734 N.E.2d 493 (Ill. App. Ct. 2000). “Section 30 of the Conveyances Act provides as follows: “All deeds, mortgages and other instruments of writing which are authorized to be recorded, shall take effect and be in force from and after the time of filing the same for record, and not before, as to all creditors and…”
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