12-142.Realty sold to satisfy junior lien.

Article XII. Judgments - Enforcement · Part 1. In General · Not amended since adoption on record · Last verified July 20, 2026

In one sentenceWhen property sold to satisfy a junior lien remains subject to a superior mortgage, Section 12-142 lets the certificate holder make the mortgage's required payments during the redemption period, and requires anyone who redeems to reimburse those payments plus 10% interest if a receipt was filed or shown before redemption.

Full Text of 735 ILCS 5/12-142

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Except as to any sale had by virtue of a judgment of foreclosure in accordance with Article XV of this Act, whenever any real estate has been or is sold at judicial or judgment sale to enforce a lien thereon and the real estate is subject to a mortgage lien which is prior and superior to the lien so foreclosed through that sale, the holder of the certificate of sale, may from time to time during the period of redemption pay any interest, principal or other obligation which is due and payable in accordance with the terms of the superior mortgage. If redemption is made from the sale, the party or parties entitled to redeem shall pay to the holder of the certificate of sale, or grantee under such deed, or to the sheriff or other officer who sold the real estate or his or her successor in office, in addition to the amount due on the certificate, or deed, the amount paid by the holder thereof or grantee therein for interest, principal or other obligation, together with interest thereon at the rate of 10% per annum, if before the redemption is made a receipt evidencing the payments of interest, principal and other obligations is filed with the sheriff or other officer who made the sale or his or her successor in office or exhibited by the holder of the certificate or grantee in such deed to the party redeeming if the redemption payment is made directly to the holder of the certificate, or the grantee in such deed.

End

Plain-English Summary

This section addresses a specific overlap: real estate sold at a judicial or judgment sale to enforce one lien, while a separate mortgage lien that ranks ahead of that lien still encumbers the property. Without protection, the certificate holder could watch the superior mortgage go into default during the redemption period and lose value in the property they expect to end up owning.

To prevent that, the holder of the certificate of sale may pay interest, principal, or any other obligation coming due under the superior mortgage's own terms, at any time during redemption. Anyone who then redeems from the sale must reimburse the holder, or the grantee under a deed already issued, for those payments, with 10% annual interest added, in addition to the ordinary redemption amount.

That reimbursement obligation only attaches if a receipt evidencing the mortgage payments was filed with the officer who made the sale (or a successor) before redemption, or exhibited to the redeeming party by the certificate holder or deed grantee directly. As with several neighboring sections, sales made under an Article XV foreclosure judgment are excepted.

Frequently Asked Questions

What situation does Section 12-142 address?

Real estate sold to enforce a lien while a mortgage lien that is prior and superior to the enforced lien still encumbers the property.

What may the certificate holder pay during the redemption period?

Interest, principal, or another obligation due and payable under the terms of the superior mortgage.

What must a redeeming party pay back?

The amount the holder or deed grantee paid on the superior mortgage, plus interest at 10% a year.

What condition must be met before that reimbursement is owed?

A receipt evidencing the mortgage payments must be filed with the officer who made the sale (or successor) before redemption, or exhibited to the redeeming party by the holder or grantee.

Does Section 12-142 apply to Article XV foreclosure sales?

No, it excepts sales made under a foreclosure judgment entered in accordance with Article XV.

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: senior mortgage payments during redemption illinoisjunior lien sale illinois redemptionreimbursing mortgage payments redemption illinois