"Real estate" means land or any estate or interest in, over or under land (including minerals, air rights, structures, fixtures and other things which by custom, usage or law pass with a conveyance of land though not described or mentioned in the contract of sale or instrument of conveyance). "Mortgaged real estate" means the real estate which is the subject of a mortgage. "Real estate" includes a manufactured home as defined in subdivision (53) of Section 9- 102 of the Uniform Commercial Code that is real property as defined in the Conveyance and Encumbrance of Manufactured Homes as Real Property and Severance Act.
15-1213.Real Estate.
Article XV. Mortgage Foreclosure · Part 12. Definitions · Last amended 2014 · Last verified July 20, 2026
In one sentenceThis section defines “real estate” broadly to include land, related interests, structures, fixtures, and customary appurtenances, and confirms that a qualifying manufactured home counts as real estate.
Full Text of 735 ILCS 5/15-1213
Plain-English Summary
Section 15-1213 defines real estate as land or any estate or interest in, over, or under land, including minerals, air rights, structures, fixtures, and other things that, by custom, usage, or law, pass with a conveyance of land even though the contract of sale or instrument of conveyance does not describe or mention them.
The section then defines “mortgaged real estate” as the real estate that is the subject of a mortgage. It closes by extending “real estate” to a manufactured home that meets the definition in subdivision (53) of Section 9-102 of the Uniform Commercial Code and that qualifies as real property under the Conveyance and Encumbrance of Manufactured Homes as Real Property and Severance Act.
Frequently Asked Questions
What does real estate cover under this Article?
Land, and any estate or interest in, over, or under land, including minerals, air rights, structures, fixtures, and other things that customarily pass with a conveyance of land.
Does the definition include fixtures and structures not mentioned in the deed?
Yes, it covers things that pass with a conveyance of land by custom, usage, or law even though not described or mentioned in the contract of sale or instrument of conveyance.
What is mortgaged real estate under this section?
The real estate that is the subject of a mortgage.
Can a manufactured home count as real estate under this Article?
Yes, if it meets the manufactured home definition in subdivision (53) of Section 9-102 of the Uniform Commercial Code and qualifies as real property under the Conveyance and Encumbrance of Manufactured Homes as Real Property and Severance Act.
What conditions must a manufactured home meet to be treated as real estate here?
It must satisfy both the Uniform Commercial Code's manufactured home definition and the requirements of the Conveyance and Encumbrance of Manufactured Homes as Real Property and Severance Act.
Amendment History
(Source: P.A. 98-749, eff. 7-16-14.)
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 real estate definition mortgage foreclosuremanufactured home real estate illinois foreclosuremortgaged real estate definition illinois