ILCS » Chapter 765 · Act 905
Illinois Compiled Statutes

765 ILCS 905/5 (2026)

Every deed conveying real estate, which shall appear to have been intended only as a security in the nature of a mortgage, though it be an absolute conveyance in terms, shall be considered as a mortgage

✓ current as of May 2026
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(765 ILCS 905/5) (from Ch. 95, par. 55)
    Sec. 5. Every deed conveying real estate, which shall appear to have been intended only as a security in the nature of a mortgage, though it be an absolute conveyance in terms, shall be considered as a mortgage.
(Source: Laws 1961, 1st Spec.Sess., p. 42.)

    
Notes of Decisions
Cited in 6 cases (1 in the last 5 years), 2003–2024 · 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 2× “¶ 38 In support of her argument for an equitable mortgage, both in the trial court and before us, Ellis relies on section 5 of the Mortgage Act (765 ILCS 905/5 (West 2004)). The Mortgage Act reads, “Every deed conveying real estate, which shall appear to have been intended only…”
Gandy v. Kimbrough, 941 N.E.2d 329 (Ill. App. Ct. 2010). “” 765 ILCS 905/5 (West 2006). In determining whether a constructive, or equitable mortgage exists our courts consider several factors, including: “ ‘the existence of an indebtedness, the close relationship of the parties, prior unsuccessful attempts for loans, the circumstances…”
Nave v. Heinzmann, 801 N.E.2d 121 (Ill. App. Ct. 2003). · cites it 5× “” 765 ILCS 905/5 (West 2002). The trial court found that the proposed transaction of real estate in the contract appeared to have been intended only as a security in the nature of a mortgage: “4.”
Hatchett v. W2X, Inc., 2013 IL App (1st) 121758 (Ill. App. Ct. 2013). “operty on the basis that Kendra had only acquired an “equitable mortgage” on the property, rather than an outright purchase of the property; that Kendra’s subsequent attempt to encumber the property with the mortgage interests was void; and that Chase Bank, as…”
Chirico v. Gentilozzi, 2024 IL App (3d) 230207-U (Ill. App. Ct. 2024). “” 765 ILCS 905/5 (West 2018). As the language of the statute indicates, whether a deed should be considered to be an equitable mortgage depends upon the parties’ intent.”
Gandy v. Kimbrough (Ill. App. Ct. 2010). “” 765 ILCS 905/5 (West 2006). In determining whether a constructive, or equitable mortgage exists our courts consider several factors, including: “ ‘ the existence of an indebtedness, the close relationship of the parties, prior unsuccessful attempts for loans, the circumstances…”
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