Nothing in Sections 13-102 and 13-103 of this Act affects the time for the enforcement of any right under or by virtue of a mortgage or lease.
13-104.Under mortgage or lease.
Article XIII. Limitations · Part 1. Real Actions · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceClarifies that the 7-year periods for a broken condition subsequent and a terminated limited estate don't shorten the separate time allowed to enforce rights under a mortgage or a lease.
Full Text of 735 ILCS 5/13-104
Plain-English Summary
Sections 13-102 and 13-103 set 7-year windows tied to particular estate-ending events. Section 13-104 makes sure those short periods don't spill over into mortgage or lease enforcement, which run on their own timetables elsewhere in this Article, including the 10-year foreclosure period in Section 13-115.
In effect, this is a savings clause. It heads off an argument that a mortgage or lease right expired early just because the facts happen to overlap with a condition-subsequent or limited-estate scenario covered by the two preceding sections.
Frequently Asked Questions
Does Section 13-104 shorten the time to foreclose a mortgage?
No. It protects mortgage and lease enforcement from being cut short by the 7-year periods in Sections 13-102 and 13-103; foreclosure timing is set separately in Section 13-115.
Why does this section exist?
To prevent confusion between the estate-termination limitations in the two preceding sections and the separate timetables governing mortgage and lease enforcement.
Does it apply to leases as well as mortgages?
Yes. It preserves the time to enforce rights under either a mortgage or a lease.
Which section sets the mortgage foreclosure limitations period?
Section 13-115, which allows 10 years after the right to foreclose or sell accrues.
Does this section create its own limitations period?
No. It's a clarifying, protective provision, not an independent time limit.
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: illinois mortgage lease limitations exceptiondoes condition subsequent statute affect mortgage illinoisillinois lease enforcement time limit real estate