No person shall commence an action or make a sale to foreclose any mortgage or deed of trust in the nature of a mortgage, unless within 10 years after the right of action or right to make such sale accrues.
13-115.Foreclosure of mortgage.
Article XIII. Limitations · Part 1. Real Actions · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceSets a 10-year limit to start an action or hold a sale to foreclose a mortgage or a trust deed acting as a mortgage, running from when the right to sue or sell first accrues.
Full Text of 735 ILCS 5/13-115
Plain-English Summary
Section 13-115 caps how long a mortgage holder can wait before foreclosing. Whether by court action or by a sale under a trust deed's power of sale, the effort must start within 10 years of when the right to foreclose or sell first accrued.
This section works alongside Section 13-116, which separately governs how long a mortgage lien itself remains enforceable through affidavits or extension agreements filed of record. Section 13-115 is about the deadline to act; Section 13-116 is about keeping the underlying lien alive on the public record past that point.
Frequently Asked Questions
How long does a mortgage holder have to foreclose in Illinois under this section?
Ten years after the right of action or right to make the sale accrues.
Does this section cover trust deeds as well as mortgages?
Yes. It applies to trust deeds in the nature of a mortgage as well as mortgages themselves.
What's the difference between this section and Section 13-116?
Section 13-115 sets the deadline to sue or sell to foreclose; Section 13-116 governs how long the mortgage lien itself lasts on the public record and how it can be extended.
When does the 10-year period start running?
When the right of action or right to make the sale first accrues.
What happens if the mortgage holder waits more than 10 years?
The right to commence the foreclosure action or hold the sale is barred.
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 statute of limitations foreclose mortgageten year mortgage foreclosure deadline illinoistrust deed foreclosure time limit illinois