Illinois Homestead Exemption increase – A new reality for creditors and lenders

Financial institutions and creditors could face significantly reduced recovery prospects under Public Act 104-120, which takes effect on January 1, 2026. This legislation substantially expands homestead protections for Illinois debtors by amending 735 ILCS 5/12-901 to more than triple the homestead exemption from $15,000 to $50,000 for individual property owners. For co-owned properties, the total exemption increases from $30,000 to $100,000, with each owner’s share proportionate to their ownership percentage.

This amendment creates significant new obstacles for creditors seeking to collect from debtors. Because a home is often a debtor’s most valuable asset, creditors have historically looked to home equity to collect on debts. The homestead exemption prevents creditors from recovering on a homeowner’s equity when the debtor’s equity interest remains below the exemption threshold. Under the previous law, creditors could pursue collection on properties with equity above $15,000. Now, they cannot do so unless the debtor’s equity exceeds $50,000.

The increased exemption applies broadly to single-family homes, condominiums, cooperatives and certain personal property used as a residence. The math is straightforward: a property held in joint tenancy valued at $350,000 with a $250,000 mortgage balance has $100,000 in equity. Under the old law, creditors could force a sale by recording a memorandum of judgment and initiating foreclosure proceedings because the equity exceeded $30,000. The creditor could recover up to $70,000 out of the property.  Now, that same equity cannot be used to satisfy a judgment lien because $100,000 is the new threshold. The increased exemption also limits creditor recovery prospects in bankruptcy proceedings, where the expanded protected equity makes distribution from the debtor’s homestead interest far less likely.

Properties that once represented viable collection opportunities may no longer yield any recovery, requiring creditors to reassess their risk models and collection strategies. Financial institutions should begin evaluating their exposure now, implementing updated underwriting criteria and collection procedures to account for this substantially higher exemption threshold.

The lawyers in Chuhak & Tecson’s Financial Services practice group can help you navigate this significant change from updating your collection procedures to developing strategies that protect your interests under the new exemption framework. Contact us to discuss how these changes affect your specific lending and collection practices.

Client alert authored by Nicholas LaCourt (312 855 4344), associate.

This Chuhak & Tecson, P.C. communication is intended only to provide information regarding developments in the law and information of general interest. It is not intended to constitute advice regarding legal problems and should not be relied upon as such.problems and should not be relied upon as such