"Mortgagor" means (i) the person whose interest in the real estate is the subject of the mortgage and (ii) any person claiming through a mortgagor as successor. Where a mortgage is executed by a trustee of a land trust, the mortgagor is the trustee and not the beneficiary or beneficiaries.
15-1209.Mortgagor.
Article XV. Mortgage Foreclosure · Part 12. Definitions · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceThis section defines “mortgagor” as the person whose interest in the real estate is subject to the mortgage, or a successor claiming through that person, and treats a land trust's trustee, not its beneficiary, as the mortgagor.
Full Text of 735 ILCS 5/15-1209
Plain-English Summary
Section 15-1209 defines mortgagor as the person whose interest in the real estate is the subject of the mortgage, along with any person claiming through a mortgagor as a successor. That pairs with Section 15-1208's definition of mortgagee to establish the two core roles the rest of Article XV builds on.
The section adds a specific rule for land trusts: where a trustee of a land trust executes the mortgage, the trustee is the mortgagor, not the beneficiary or beneficiaries of the trust. That follows from Section 15-1205's definition of land trust, under which the trustee holds legal and equitable title to the real estate while the beneficiary holds only a personal-property interest. Because the mortgagor concept is tied to who holds the interest in the real estate itself, the trustee, not the beneficiary, fills that role.
Frequently Asked Questions
Who is the mortgagor under Article XV?
The person whose interest in the real estate is the subject of the mortgage, and any person claiming through a mortgagor as a successor.
Does a successor in interest count as mortgagor?
Yes, the definition expressly includes anyone claiming through a mortgagor as successor.
Who is the mortgagor when a land trust trustee signs the mortgage?
The trustee, according to this section, not the beneficiary or beneficiaries of the trust.
Is the land trust beneficiary treated as the mortgagor?
No. The section specifically excludes the beneficiary or beneficiaries from the mortgagor role when a trustee executes the mortgage.
Why does this distinction matter for foreclosure notice and rights?
Because Article XV directs mortgagor-specific notice, redemption, and other rights to whoever holds that status, and this section fixes the trustee, not the beneficiary, as the holder in a land trust mortgage.
Amendment History
(Source: P.A. 85-907.)
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
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