"Occupant" means a person in lawful physical possession of all or part of the mortgaged real estate.
15-1223.Occupant.
Article XV. Mortgage Foreclosure · Part 12. Definitions · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceThis section defines “occupant” as a person in lawful physical possession of all or part of the mortgaged real estate.
Full Text of 735 ILCS 5/15-1223
Plain-English Summary
Section 15-1223 defines occupant with two requirements: physical possession of all or part of the mortgaged real estate, and lawfulness of that possession. A person without lawful possession does not qualify as an occupant under this definition.
Occupant is a distinct category from mortgagor, since a mortgagor may or may not physically possess the property, and an occupant may hold no ownership or mortgage interest at all, such as a tenant. The term matters elsewhere in the Article, including Section 15-1104's protections against wrongfully inducing occupants to abandon mortgaged property.
Frequently Asked Questions
Who is an occupant under Article XV?
A person in lawful physical possession of all or part of the mortgaged real estate.
Must possession be lawful to count as occupancy under this section?
Yes, the definition requires lawful physical possession.
Does partial possession qualify someone as an occupant?
Yes, the definition covers possession of all or part of the mortgaged real estate.
How does occupant differ from mortgagor?
Mortgagor is defined by the interest in the real estate subject to the mortgage, while occupant is defined by lawful physical possession, regardless of any ownership or mortgage interest.
Why does the Article need this term?
Several provisions, including Section 15-1104's protections against wrongful inducement of abandonment, apply specifically to occupants of the mortgaged real estate.
Amendment History
(Source: P.A. 88-265.)
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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