During a foreclosure, and any time prior to sale, a mortgagee or any other lienor may pay (i) when due installments of principal, interest or other obligations in accordance with the terms of any senior mortgage, (ii) when due installments of real estate taxes or (iii) any other obligation authorized by the mortgage instrument. With court approval, a mortgagee or any other lienor may pay any other amounts in connection with other liens, encumbrances or interests reasonably necessary to preserve the status of title.
15-1505.Real Estate Subject to Senior Liens.
Article XV. Mortgage Foreclosure · Part 15. Judicial Foreclosure Procedure · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceSection 15-1505 lets a mortgagee or other lienor, any time before sale during a foreclosure, pay due amounts on a senior mortgage, real estate taxes, or other mortgage-authorized obligations, and, with court approval, other amounts reasonably needed to protect title.
Full Text of 735 ILCS 5/15-1505
Plain-English Summary
A foreclosure can drag on, and unpaid senior obligations don't wait. Section 15-1505 lets a mortgagee or any other lienor step in during the foreclosure, and any time before the sale, to pay installments of principal, interest, or other obligations due under a senior mortgage; installments of real estate taxes when due; or any other obligation the mortgage instrument itself authorizes.
Beyond those categories, the section adds a broader, court-supervised option: with the court's approval, a mortgagee or other lienor may pay other amounts connected to liens, encumbrances, or interests, when reasonably necessary to preserve the status of title. That approval requirement keeps the broader category from becoming an open-ended license to advance funds against the property.
Frequently Asked Questions
What payments can a mortgagee make on senior liens without court approval during a foreclosure?
Due installments of principal, interest, or other obligations under a senior mortgage, due installments of real estate taxes, and any other obligation authorized by the mortgage instrument.
Does a mortgagee need court approval to pay real estate taxes on the property during foreclosure?
No. Section 15-1505 allows that payment without prior court approval, as one of the three specifically listed categories.
When does a mortgagee need court approval under this Section?
To pay other amounts connected to other liens, encumbrances, or interests that are reasonably necessary to preserve the status of title.
Until when can these payments be made during the foreclosure?
At any time before the sale.
What happens to amounts advanced under Section 15-1505?
Section 15-1512 lists reasonable expenses under Section 15-1505 among the costs paid out of sale proceeds ahead of other claims.
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 mortgagee pay senior lien during foreclosureprotecting title during foreclosure illinoispaying real estate taxes during foreclosure illinois