Except as provided in Section 15-1302, from the time a mortgage is recorded it shall be a lien upon the real estate that is the subject of the mortgage for all monies advanced or applied or other obligations secured in accordance with the terms of the mortgage or as authorized by law, including the amounts specified in a judgment of foreclosure in accordance with subsection (d) of Section 15- 1603.
15-1301.Lien Created.
Article XV. Mortgage Foreclosure · Part 13. Mortgage Lien Priorities · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceSection 15-1301 makes a recorded mortgage a lien on the real estate, from the moment it is recorded, for all money advanced or obligations secured under its terms, subject to the future-advances limits in Section 15-1302.
Full Text of 735 ILCS 5/15-1301
Plain-English Summary
Section 15-1301 fixes the starting point for mortgage priority in Illinois: recording. Once a mortgage is recorded, it becomes a lien on the mortgaged real estate for every sum advanced or applied, and every other obligation secured, under the mortgage's terms or under other law. That includes amounts a court later folds into a judgment of foreclosure under subsection (d) of Section 15-1603.
The rule reaches forward as well as back. A lender doesn't need to record a new instrument each time it advances money under an existing mortgage; the lien attaches at the recording date and covers later advances too, as long as they fit within what the mortgage or the law authorizes.
That reach isn't absolute. The opening clause -- "except as provided in Section 15-1302" -- hands off to the next section, which limits how far back some later advances can date for priority purposes against subsequent purchasers and judgment creditors.
Frequently Asked Questions
When does a mortgage become a lien on real estate in Illinois?
From the time it is recorded, under Section 15-1301.
What does the lien created by Section 15-1301 cover?
All money advanced or applied, and other obligations secured, in accordance with the mortgage's terms or as authorized by law, including amounts included in a judgment of foreclosure under Section 15-1603(d).
Does Section 15-1301 apply without exception?
No. It applies "except as provided in Section 15-1302," which limits the priority of certain advances made more than 18 months after recording.
Does the lien only cover money advanced at closing?
No. It covers monies advanced or applied over time under the mortgage, not just the amount disbursed when the mortgage was recorded.
Where does Illinois law address future advances under a mortgage?
Section 15-1302 sets the rules for future advances and lists exceptions that preserve priority from the recording date.
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
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