No judgment entered pursuant to this Article shall affect the rights of any bona fide purchaser, mortgagee, judgment creditor or other lien holder arising prior to the date on which a transcript, certified copy or memorandum of such judgment is filed in the office of the recorder of deeds or registrar of titles in the county in which real estate subject to the lien is located.
20-105.Certain rights not affected.
Article XX. Recovery of Fraudulently Obtained Public Funds · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceProtects bona fide purchasers, mortgagees, judgment creditors, and other lienholders whose interest in real estate arose before a judgment entered under this Article was recorded in the county land records.
Full Text of 735 ILCS 5/20-105
Plain-English Summary
Section 20-103 creates a lien on all of a wrongdoer's property once a judgment for repayment or civil penalties is entered. Section 20-105 draws a boundary around that lien: it doesn't reach back in time to disturb interests that already existed.
A bona fide purchaser, mortgagee, judgment creditor, or other lienholder whose interest arose before a transcript, certified copy, or memorandum of the Article XX judgment is filed with the recorder of deeds or registrar of titles in the county where the real estate sits keeps that interest intact. The Article XX judgment lien only affects the property from the point of that filing forward.
This protects ordinary commerce in real estate and existing secured lending from being upended by a fraud judgment against a prior owner or debtor, so long as the competing interest was established in good faith and before the judgment was put on public record.
Frequently Asked Questions
Whose property interests does Section 20-105 protect?
Bona fide purchasers, mortgagees, judgment creditors, and other lienholders whose interest in the real estate arose before the Article XX judgment was recorded.
When does the Article XX judgment lien start affecting real estate?
From the point a transcript, certified copy, or memorandum of the judgment is filed with the recorder of deeds or registrar of titles in the county where the property is located.
Does the judgment lien under Section 20-103 reach back before it was recorded?
No. Section 20-105 preserves the rights of qualifying prior interest-holders that arose before the judgment was filed.
Why does the law protect prior purchasers and lienholders from this judgment lien?
To keep good-faith real estate transactions and existing secured interests reliable, rather than exposing them to a later fraud judgment against a prior owner or debtor.
Does Section 20-105 apply to judgments entered under other parts of the Code?
No. It applies specifically to judgments entered pursuant to this Article, Article XX's public funds fraud recovery provisions.
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: judgment lien exception illinoisbona fide purchaser protection illinoispublic funds fraud judgment recording