Article XV. Mortgage Foreclosure · Part 13. Mortgage Lien Priorities · Last amended 2009 · Last verified July 20, 2026
In one sentenceSection 15-1302 limits a mortgage's priority for advances made more than 18 months after recording -- ranking them only from the date advanced against later purchasers and judgment creditors -- unless the advance falls into one of five listed exceptions that still date from recording.
Full Text of 735 ILCS 5/15-1302
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(a)Advances Made After Eighteen Months. Except as provided in subsection (b) of Section 15-1302, as to any monies advanced or applied more than 18 months after a mortgage is recorded, the mortgage shall be a lien as to subsequent purchasers and judgment creditors only from the time such monies are advanced or applied. However, nothing in this Section shall affect any lien arising or existing by virtue of the Mechanics Lien Act. (b) Exceptions.
(1)All monies advanced or applied pursuant to commitment, whenever advanced or applied, shall be a lien from the time the mortgage is recorded. An advance shall be deemed made pursuant to commitment only if the mortgagee has bound itself to make such advance in the mortgage or in an instrument executed contemporaneously with, and referred to in, the mortgage, whether or not a subsequent event of default or other event not within the mortgagee's control has relieved or may relieve the mortgagee from its obligation.
(2)All monies advanced or applied, whenever advanced or applied, in accordance with the terms of a reverse mortgage shall be a lien from the time the mortgage is recorded.
(3)All monies advanced or applied in accordance with the terms of a revolving credit arrangement secured by a mortgage as authorized by law shall be a lien from the time the mortgage is recorded.
(4)All interest which in accordance with the terms of a mortgage is accrued or added to the principal amount secured by the mortgage, whenever added, shall be a lien from the time the mortgage is recorded.
(5)All monies advanced by the mortgagee in accordance with the terms of a mortgage to (i) preserve or restore the mortgaged real estate, (ii) preserve the lien of the mortgage or the priority thereof or (iii) enforce the mortgage, shall be a lien from the time the mortgage is recorded.
Plain-English Summary
Recording a mortgage doesn't automatically protect every dollar a lender advances years later. Section 15-1302 draws a line at 18 months: money advanced or applied more than 18 months after the mortgage is recorded ranks, as against subsequent purchasers and judgment creditors, only from the date it's advanced -- not from the original recording date. The section doesn't touch liens arising under the Mechanics Lien Act.
Subsection (b) then carves out five categories that keep the earlier, recording-date priority no matter when the money moves. Commitment advances -- ones the mortgagee bound itself to make in the mortgage or a contemporaneous, referenced instrument -- count from recording even if a later default could have excused the mortgagee from advancing. Reverse-mortgage advances made under the mortgage's terms count from recording. So do advances under a mortgage-secured revolving credit arrangement, interest that accrues or gets added to principal under the mortgage's terms, and money the mortgagee advances to preserve or restore the property, protect the lien or its priority, or enforce the mortgage.
Together, the general rule and its exceptions tell a title examiner or later lienor how much protection an existing mortgage carries: full recording-date priority for the listed categories, but only advance-date priority for anything else disbursed after the 18-month mark.
Frequently Asked Questions
What happens to a mortgage's priority for money advanced more than 18 months after recording?
Under Section 15-1302, it ranks as a lien against subsequent purchasers and judgment creditors only from the date the money is advanced or applied, unless an exception in subsection (b) applies.
What counts as an advance made 'pursuant to commitment' under Section 15-1302?
One the mortgagee bound itself to make in the mortgage itself or in an instrument executed at the same time as, and referred to in, the mortgage -- even if a later default could excuse the mortgagee from making it.
Do reverse mortgage advances lose priority after 18 months?
No. Section 15-1302(b)(2) keeps all monies advanced under a reverse mortgage's terms as a lien from the time the mortgage was recorded, whenever advanced.
Does interest that accrues and gets added to the loan balance keep its original priority?
Yes. Interest accrued or added to principal under the mortgage's terms is a lien from the recording date, under Section 15-1302(b)(4).
Does Section 15-1302 affect mechanics lien priority?
No. The section states that nothing in it affects any lien arising or existing under the Mechanics Lien Act.
Amendment History
(Source: P.A. 96-328, eff. 8-11-09.)
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 future advances mortgage priorityreverse mortgage lien priority illinoisrevolving credit mortgage lien illinois18 month rule mortgage advances illinois