When an order for attachment is levied upon any real estate, in any case, it shall be the duty of the officer making the levy to file a certificate of such fact with the recorder of the county where such land is situated; and from and after the filing of the same, such levy shall take effect, as to creditors and bona fide purchasers, without notice, and not before.
4-113.Certificate of levy.
Article IV. Attachment · Part 1. In General · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceA levy on real estate under an attachment order does not bind creditors or good-faith purchasers until the officer files a certificate of the levy with the county recorder.
Full Text of 735 ILCS 5/4-113
Plain-English Summary
Section 4-113 fixes the moment when an attachment levy on real estate becomes effective against the outside world. When an order for attachment is levied on real estate, the officer making the levy must file a certificate of that fact with the recorder of the county where the land sits.
Until that certificate is filed, the levy has no effect against creditors or bona fide purchasers without notice. Filing is what starts the clock; before it, someone who buys the land or extends credit against it in good faith is not bound by the attachment.
Frequently Asked Questions
What must an officer do after levying an attachment order on real estate?
File a certificate of that levy with the recorder of the county where the land is located.
When does a real estate levy become effective against creditors and purchasers?
Only from and after the certificate of levy is filed with the county recorder, not from the moment of the levy itself.
Who is protected if the certificate of levy is never filed?
Creditors and bona fide purchasers without notice, who are not bound by the levy until the certificate is on file.
Does this filing requirement apply to personal property levies?
The text of Section 4-113 addresses levies on real estate specifically; it does not extend this recording requirement to personal property.
Why does Illinois require recording for a real estate attachment levy?
Recording gives public notice of the claim against the land, letting later purchasers and creditors check the county recorder's records before dealing with the property.
Amendment History
(Source: P.A. 83-707.)
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: certificate of levy illinoisattachment real estate recordinglevy notice bona fide purchaserattachment lien real property