Any sales of real estate made pursuant to a judgment foreclosing a mortgage or trust deed executed on or after July 1, 1917 and before July 1, 1921 shall be governed by the law in effect at the time such mortgage or trust deed was executed.
12-146.Foreclosures subject to prior law.
Article XII. Judgments - Enforcement · Part 1. In General · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceSection 12-146 is a narrow transitional rule: foreclosure sales of a mortgage or trust deed executed between July 1, 1917 and July 1, 1921 follow whatever law was in effect when the instrument was executed, not later statutory changes.
Full Text of 735 ILCS 5/12-146
Plain-English Summary
This section carves out a small, dated category of instruments from the general redemption and sale rules that otherwise apply. Any sale of real estate made under a judgment foreclosing a mortgage or trust deed executed on or after July 1, 1917 and before July 1, 1921 is governed by the law in effect at the time that mortgage or trust deed was executed, rather than by later law.
The section applies only to mortgages and trust deeds executed in that four-year window; it doesn't change how Article XV foreclosures or the redemption sections around it work for instruments executed outside that period.
Frequently Asked Questions
What time window does Section 12-146 cover?
Mortgages or trust deeds executed on or after July 1, 1917 and before July 1, 1921.
What law governs the foreclosure sale of one of those instruments?
The law in effect at the time the mortgage or trust deed was executed.
Why would a provision like this exist?
To preserve the procedural expectations tied to mortgages from that specific period against later statutory changes.
Does Section 12-146 affect mortgages executed outside that four-year window?
No, it applies only to instruments executed within that period.
Does this section alter today's foreclosure procedure under Article XV generally?
No, it is a historical carve-out limited to the described category of pre-1921 instruments.
Amendment History
(Source: P.A. 82-280.)
Source & verification. Section text and amendment history are
reproduced verbatim from the Illinois Compiled Statutes, published by the
Illinois Compiled Statutes, Illinois General Assembly / Legislative Reference Bureau. Last verified July 20, 2026.
· Official source
Also known as: 1917 1921 mortgage foreclosure illinoisold mortgage foreclosure law illinoistransitional rule pre-1921 mortgage illinois