Deed of Trust (Trust Deed) - Illinois
TRUST DEED
State of Illinois
WHEN RECORDED RETURN TO:
[NAME]
[ADDRESS]
[CITY, STATE ZIP]
Date: [DATE]
Document Number: _________________ (Recorder's Use)
Property Address: [PROPERTY ADDRESS, CITY, IL ZIP]
PIN: [PIN]
Before you use this: Complete the secured obligation and legal description. Determine whether a homestead interest is being released and, if so, complete the express release below and obtain the signature of the owner and spouse, if any. Confirm all titleholders, lender, and recording details for this property. This trust deed is security for the identified obligation; it does not grant a private trustee-sale power.
TRUST DEED
THIS TRUST DEED is made this [DAY] day of [MONTH], [YEAR], by and among:
GRANTOR (Borrower):
[GRANTOR NAME(S)]
[ADDRESS]
[CITY, STATE ZIP]
TRUSTEE:
[TRUSTEE NAME]
[ADDRESS]
[CITY, STATE ZIP]
BENEFICIARY (Lender):
[BENEFICIARY/LENDER NAME]
[ADDRESS]
[CITY, STATE ZIP]
RECITALS AND GRANT
WHEREAS, Grantor is indebted to Beneficiary in the principal sum of [PRINCIPAL AMOUNT] DOLLARS ($[AMOUNT]), as evidenced by a Promissory Note dated [__/__/____] with a stated maturity date of [__/__/____] or [state other maturity term: ________________________________] (the "Note");
NOW, THEREFORE, Grantor does hereby grant, bargain, sell, and convey unto Trustee, in trust, the following described real property situated in [COUNTY] County, Illinois:
SEE EXHIBIT A ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE. This conveyance is intended only as security in the nature of a mortgage for the obligations identified below, not as an absolute transfer of Grantor's beneficial ownership.
Property Address: [PROPERTY ADDRESS], [CITY], Illinois [ZIP CODE]
TOGETHER WITH all buildings, improvements, fixtures, easements, rights, appurtenances, rents, and profits.
ARTICLE I - OBLIGATIONS SECURED
This Trust Deed secures: (a) repayment of the Note with interest according to its terms; (b) advances expressly authorized by the Note or this Trust Deed: [identify or write "none": ________________________________]; and (c) performance of Grantor's covenants stated here. No unrelated debt is secured unless identified in a signed written amendment.
ARTICLE II - COVENANTS OF GRANTOR
Grantor shall: pay when due all amounts under the Note; maintain insurance; pay taxes; maintain the property; defend title; and comply with all laws.
ARTICLE III - DEFAULT AND FORECLOSURE
3.1 Default. A default occurs if Grantor fails to perform a payment or covenant obligation secured by this Trust Deed and does not cure within any notice and cure period required by the Note, this Trust Deed, or applicable law. Beneficiary shall describe the default and any available cure in the notice required for the particular obligation and property.
3.2 Enforcement. This instrument grants no power of private trustee sale. A foreclosure of this security interest must proceed under the Illinois Mortgage Foreclosure Law, 735 ILCS 5/15-1106(a)(1). Reinstatement, redemption, sale, deficiency, and possession rights are governed by applicable law and the facts of the case; this Trust Deed does not shorten or waive them.
ARTICLE IV - RELEASE
After full satisfaction of the secured obligation, Trustee or a successor in trust shall execute and deliver a written release of this recorded Trust Deed, or deliver the release to the recorder for recording, as applicable under 765 ILCS 905/2.
ARTICLE V - MISCELLANEOUS
This Trust Deed shall be governed by Illinois law.
Homestead release (include only if intended): Grantor, and Grantor's spouse if any, expressly release and waive their homestead rights in the property described in Exhibit A solely as security for the obligations identified in this Trust Deed. Each person releasing a homestead right must sign below. See 765 ILCS 5/27 and 735 ILCS 5/12-904.
SIGNATURE PAGE
GRANTOR(S):
_______________________________
[GRANTOR NAME]
_______________________________
[ADDITIONAL GRANTOR / TITLEHOLDER, IF ANY]
SPOUSE JOINING IN HOMESTEAD RELEASE (if applicable):
_______________________________
[SPOUSE NAME]
ACKNOWLEDGMENT
STATE OF ILLINOIS
COUNTY OF [COUNTY]
On [__/__/____], before me, a Notary Public, personally appeared [GRANTOR NAME(S) AND JOINING SPOUSE, IF ANY], who acknowledged signing this instrument for the purposes stated in it.
_______________________________
Notary Public
Official seal: [________________________________]
My Commission Expires: ___________
EXHIBIT A - LEGAL DESCRIPTION
[INSERT COMPLETE LEGAL DESCRIPTION]
PIN: [NUMBER]
Prepared by: [PREPARER NAME], [ADDRESS]
About this template
- Last updated
- October 24, 2026
- Jurisdiction
- Illinois
- Category
- Real Estate
Legal authority
- 735 ILCS 5/15-1106(a)(1) (foreclosure of mortgages under the Illinois Mortgage Foreclosure Law)
- 735 ILCS 5/15-1207 (mortgage includes a deed intended only as security)
- 765 ILCS 5/1 (signed written real-property conveyance)
- 765 ILCS 5/20 (acknowledgment)
- 765 ILCS 5/27 (express homestead waiver and spousal joinder)
- 735 ILCS 5/12-904 (written release or waiver of homestead)
- 765 ILCS 905/2 (release of a deed of trust in the nature of a mortgage)
Real estate documents transfer ownership, define who can use a property, and record agreements between buyers, sellers, landlords, and tenants. Deeds, purchase agreements, leases, and easements have to be drafted to meet state recording requirements, and mistakes show up at closing or years later in title disputes. Good real estate paperwork moves transactions forward quickly and avoids the kind of problems that only surface when it is time to sell or refinance.
Not legal advice
This template is provided for informational purposes. We recommend having an attorney review any legal document before signing, especially for high-value or complex matters.
Checked against the law it cites
The statutes this template relies on are listed under Legal authority.
735 ILCS 5/15-1106(a)(1) (checked October 6, 2026): "From and after July 1, 1987 (the effective date of Public Act 84-1462), the following shall be foreclosed in a foreclosure pursuant to this Article: (1) any mortgage created prior to, on or after July 1, 1987 (the effective date of Public Act 84-1462)"
735 ILCS 5/15-1207 (checked October 6, 2026): ""Mortgage" means any consensual lien created by a written instrument which grants or retains an interest in real estate to secure a debt or other obligation."
735 ILCS 5/15-1207(c) (checked October 6, 2026): "every deed conveying real estate, although an absolute conveyance in its terms, which shall have been intended only as a security in the nature of a mortgage"
765 ILCS 5/1 (checked October 6, 2026): "every deed, mortgage or other conveyance in writing, not procured by duress, and signed by the party making the same, the maker or makers being of full age and sound mind, shall be sufficient, without livery of seizin"
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