Illinois Compiled Statutes
765 ILCS 5/31.5 (2026)
Assignment of rents; perfection
✓ current as of May 2026
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(765 ILCS 5/31.5)
Sec. 31.5.
Assignment of rents; perfection.
(a) In this Section:
"Assigning" includes granting, pledging, transferring, conveying, or
assigning an interest in rents.
"Assignment" includes grants, pledges, transfers, conveyances, or assignments
of an interest in rents.
"Assignor" or "assignee" includes, respectively: (i) grantor or grantee; (ii)
pledgor or pledgee; (iii) transferor or transferee; (iv) conveyor or conveyee;
(v) lender or borrower; and (vi) assignor or assignee. "Assignor" also means a
lessor or sublessor.
"Instrument" includes any written deed, grant, mortgage, deed or trust,
lease, assignment, release, or any other writing pertaining to land or real
property or any interest therein or appurtenant thereto, including an interest
in rents.
"Rents" means all items that constitute leases, rents, and profits arising
from real property under applicable State law.
(b) If an instrument assigning the interest of the assignor in rents arising
from the real property described in the instrument is recorded, pursuant to
this Act, in the county in which the real property is situated, then the
interest of the assignee in those rents is perfected upon that recordation
without the assignee taking any other affirmative action.
The recordation is constructive notice to subsequent purchasers, creditors,
and third parties of the content and effect of the assignment with the same
force and effect as any other duly recorded instrument or conveyance of an
interest in real property under Sections 30 and 31 of this Act.
From the time of the recordation, the assignee has a superior claim to the
rents that are subjected to the assignment, as against all parties whose claims
or interests arise or are perfected thereafter.
(c) This Section applies whether the assignment is absolute, conditional, or
intended as security.
(d) Unless otherwise agreed to by the parties, the mere recordation of an
assignment does not affect who is entitled, as between the assignor and the
assignee, to collect or receive rents until the assignee enforces the
assignment under applicable law.
(e) The fact that the assignee may permit the assignor to collect rents
under
the terms of an assignment does not affect the validity, enforceability, or
priority of an assignment perfected in the manner set forth in subsection
(b).
(Source: P.A. 89-39, eff. 1-1-96.)
Notes of Decisions
Cited in 8
cases (2 in the last 5 years), 2005–2023 · leading case: BMO Harris Bank N.A. v. Joe Contarino, Inc., 2017 IL App (2d) 160371 (Ill. App. Ct. 2017).
BMO Harris Bank N.A. v. Joe Contarino, Inc., 2017 IL App (2d) 160371 (Ill. App. Ct. 2017). “5 of the Conveyances Act (765 ILCS 5/31.5 (West 2014)), that rental agreements such as the forbearance agreements here are beyond the reach of a third party such as BMO.”
BMO Harris Bank N.A. v. Joe Contarino, Inc., 2017 IL App (2d) 160371 (Ill. App. Ct. 2017). “5 of the Conveyances Act (765 ILCS 5/31.5 (West 2014)), that rental agreements such as the forbearance agreements here are beyond the reach of a third party such as BMO.”
U.S. Bank Nat'l Assoc. v. Randhurst Crossing LLC, 2018 IL App (1st) 170348 (Ill. App. Ct. 2018). “” 765 ILCS 5/31.5(b) (West 2014). Thus, since the assignment of rents was recorded, plaintiff had a perfected interest in the rents prior to the date of the bankruptcy case.”
First Am. Bank, SSB v. Randall Plaza Ctr. Assocs., L.P. (In Re Randall Plaza Ctr. Assocs., L.P.), 326 B.R. 133 (Bankr. N.D. Ill. 2005). “” 765 ILCS 5/31.5(b). The Illinois Commercial Code does not apply to interests in rents.”
U.S. Bank Nat'l Assoc. v. Randhurst Crossing LLC, 2018 IL App (1st) 170348 (Ill. App. Ct. 2018). “" 765 ILCS 5/31.5(b) (West 2014). Thus, since the assignment of rents was recorded, plaintiff had a perfected interest in the rents prior to the date of the bankruptcy case.”
1030 W.North Ave, Bldg., LLC v. The Firm, 2022 IL App (1st) 200588-U (Ill. App. Ct. 2022). “5 of the Conveyances Act (765 ILCS 5/31.5 (West 2012)), which was made effective in 1996 and states in part: “(b) If an instrument assigning the interest of the assignor in rents arising from the real property described in the instrument is recorded, pursuant to this Act, in the…”
Vandalia Levee & Drainage Dist. v. Keck, 2023 IL App (5th) 220180-U (Ill. App. Ct. 2023). “5 “Assignment of rents; perfection” of the Conveyances Act (765 ILCS 5/31.5(b) (West 2022)) controls and gives them superior rights.”
United States Sec. & Exch. Comm'n v. Equitybuild, Inc. (N.D. Ill. 2019). “See 765 ILCS 5/31.5(b) (“If an instrument assigning the interest of the assignor in rents arising from the real property described in the instrument is recorded .”
— 765 ILCS 5/31.5(b) — 7 cases
U.S. Bank Nat'l Assoc. v. Randhurst Crossing LLC, 2018 IL App (1st) 170348 (Ill. App. Ct. 2018). “” 765 ILCS 5/31.5(b) (West 2014). Thus, since the assignment of rents was recorded, plaintiff had a perfected interest in the rents prior to the date of the bankruptcy case.”
First Am. Bank, SSB v. Randall Plaza Ctr. Assocs., L.P. (In Re Randall Plaza Ctr. Assocs., L.P.), 326 B.R. 133 (Bankr. N.D. Ill. 2005). “” 765 ILCS 5/31.5(b). The Illinois Commercial Code does not apply to interests in rents.”
BMO Harris Bank N.A. v. Joe Contarino, Inc., 2017 IL App (2d) 160371 (Ill. App. Ct. 2017). “5 of the Conveyances Act (765 ILCS 5/31.5 (West 2014)), that rental agreements such as the forbearance agreements here are beyond the reach of a third party such as BMO.”
BMO Harris Bank N.A. v. Joe Contarino, Inc., 2017 IL App (2d) 160371 (Ill. App. Ct. 2017). “5 of the Conveyances Act (765 ILCS 5/31.5 (West 2014)), that rental agreements such as the forbearance agreements here are beyond the reach of a third party such as BMO.”
U.S. Bank Nat'l Assoc. v. Randhurst Crossing LLC, 2018 IL App (1st) 170348 (Ill. App. Ct. 2018). “" 765 ILCS 5/31.5(b) (West 2014). Thus, since the assignment of rents was recorded, plaintiff had a perfected interest in the rents prior to the date of the bankruptcy case.”
— 765 ILCS 5/31.5(d) — 4 cases
U.S. Bank Nat'l Assoc. v. Randhurst Crossing LLC, 2018 IL App (1st) 170348 (Ill. App. Ct. 2018). “” 765 ILCS 5/31.5(b) (West 2014). Thus, since the assignment of rents was recorded, plaintiff had a perfected interest in the rents prior to the date of the bankruptcy case.”
BMO Harris Bank N.A. v. Joe Contarino, Inc., 2017 IL App (2d) 160371 (Ill. App. Ct. 2017). “5 of the Conveyances Act (765 ILCS 5/31.5 (West 2014)), that rental agreements such as the forbearance agreements here are beyond the reach of a third party such as BMO.”
BMO Harris Bank N.A. v. Joe Contarino, Inc., 2017 IL App (2d) 160371 (Ill. App. Ct. 2017). “5 of the Conveyances Act (765 ILCS 5/31.5 (West 2014)), that rental agreements such as the forbearance agreements here are beyond the reach of a third party such as BMO.”
U.S. Bank Nat'l Assoc. v. Randhurst Crossing LLC, 2018 IL App (1st) 170348 (Ill. App. Ct. 2018). “" 765 ILCS 5/31.5(b) (West 2014). Thus, since the assignment of rents was recorded, plaintiff had a perfected interest in the rents prior to the date of the bankruptcy case.”
— 765 ILCS 5/31.5(e) — 2 cases
BMO Harris Bank N.A. v. Joe Contarino, Inc., 2017 IL App (2d) 160371 (Ill. App. Ct. 2017). “5 of the Conveyances Act (765 ILCS 5/31.5 (West 2014)), that rental agreements such as the forbearance agreements here are beyond the reach of a third party such as BMO.”
BMO Harris Bank N.A. v. Joe Contarino, Inc., 2017 IL App (2d) 160371 (Ill. App. Ct. 2017). “5 of the Conveyances Act (765 ILCS 5/31.5 (West 2014)), that rental agreements such as the forbearance agreements here are beyond the reach of a third party such as BMO.”
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