"Nonrecord claimant" means any person (i) who has or claims to have an interest in mortgaged real estate, (ii) whose name or interest, at the time a notice of foreclosure is recorded in accordance with Section 15-1503, is not disclosed of record either (1) by means of a recorded notice or (2) by means of a proceeding which under the law as in effect at the time the foreclosure is commenced would afford constructive notice of the existence of such interest and (iii) whose interest falls in any of the following categories: (1) right of homestead, (2) judgment creditor, (3) beneficial interest under any trust other than the beneficial interest of a beneficiary of a trust in actual possession of all or part of the real estate or (4) mechanics' lien claim. Notwithstanding the foregoing, for the purpose of this Article no proceeding shall be deemed to constitute constructive notice of the interest of any nonrecord claimant in the mortgaged real estate unless in the proceeding there is a legal description of the real estate sufficient to identify it with reasonable certainty. The classification of any person as a nonrecord claimant under the foregoing definition shall not be affected by any actual notice or knowledge of or attributable to the mortgagee.
15-1210.Nonrecord Claimant.
Article XV. Mortgage Foreclosure · Part 12. Definitions · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceThis section defines “nonrecord claimant” as a person with an undisclosed homestead right, judgment lien, trust beneficial interest, or mechanics' lien interest in the mortgaged real estate at the time notice of foreclosure is recorded.
Full Text of 735 ILCS 5/15-1210
Plain-English Summary
Section 15-1210 defines nonrecord claimant with three linked requirements. The person must have, or claim to have, an interest in the mortgaged real estate; that name or interest must not be disclosed of record when the notice of foreclosure is recorded under Section 15-1503, whether through a recorded notice or through a proceeding that would give constructive notice under the law in effect when the foreclosure began; and the interest must fall into one of four categories: a homestead right, a judgment creditor's interest, a beneficial interest under a trust other than that of a beneficiary in actual possession of all or part of the real estate, or a mechanics' lien claim.
The section adds two clarifications. No proceeding counts as constructive notice of a nonrecord claimant's interest unless it includes a legal description of the real estate sufficient to identify it with reasonable certainty. And a person's classification as a nonrecord claimant is not affected by any actual notice or knowledge of the interest attributable to the mortgagee.
Frequently Asked Questions
Who counts as a nonrecord claimant under Article XV?
A person with an undisclosed homestead right, judgment creditor interest, certain trust beneficial interest, or mechanics' lien claim in the mortgaged real estate at the time notice of foreclosure is recorded.
What four categories of interest are covered?
Right of homestead, judgment creditor, beneficial interest under a trust other than that of a beneficiary in actual possession, and mechanics' lien claim.
What makes an interest “of record” for purposes of this section?
Disclosure by a recorded notice, or by a proceeding that would give constructive notice of the interest under the law in effect when the foreclosure was commenced, including a sufficient legal description.
Does the mortgagee's actual knowledge change nonrecord-claimant status?
No. The statute states that classification as a nonrecord claimant is not affected by any actual notice or knowledge attributable to the mortgagee.
Why does this classification matter in a foreclosure case?
It identifies interest holders whose claims were not disclosed of record when the notice of foreclosure was recorded, which affects how the Article treats their interests in the proceeding.
Amendment History
(Source: P.A. 84-1462.)
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 nonrecord claimant definition foreclosureundisclosed interest mortgage foreclosure illinoishomestead right judgment creditor foreclosure notice