Illinois Condo Super-Priority Lien Payoff Calculator

How this calculator works

This calculator implements the Illinois condominium super-priority lien payoff formula under 765 ILCS 605/9(g)(3). Given the monthly common-expense assessment, the total assessment delinquency, the months delinquent, and whether a mortgagee is actively foreclosing, it returns:

1. The six-month super-priority cap (6 × monthly assessment) — the statutory ceiling on the mortgagee's payoff obligation.
2. The super-priority amount — the lesser of the six-month cap and the actual total delinquency; this is the amount the mortgagee must pay to extinguish the association's senior lien.
3. The mortgagee-must-pay figure — equal to the super-priority amount.
4. The regular (subordinate) lien balance — the portion of the delinquency that exceeds the super-priority cap and is subordinate to the first mortgage.
5. Whether the full delinquency falls within the super-priority cap.
6. A verdict text framing the payoff position for the board, manager, or collection counsel.

The relevant Illinois statute

765 ILCS 605/9(g)(3) is the operative provision. It requires that when a first-mortgage holder forecloses on an Illinois condominium unit, the mortgagee must pay the association the lesser of:

• (a) Six months of common-expense assessments (computed at the monthly assessment rate in effect), or
• (b) The actual total unpaid common-expense assessment delinquency

as a condition of obtaining title free of the association's super-priority lien.

765 ILCS 605/9(g)(1) establishes the super-priority framework — the association's lien for six months of common expenses prior to the filing of the foreclosure action has priority over the first-mortgage lien. This is what makes the six-month window super-priority rather than pari passu with the mortgage.

1010 Lake Shore Ass'n v. Deutsche Bank Nat'l Trust Co., 2015 IL 118372 is the leading Illinois Supreme Court case. The court confirmed that the super-priority survives the judicial foreclosure sale and is owed by the purchaser at the sale (typically the lender taking title via a credit bid). Lender arguments that the super-priority is extinguished at the sale were rejected.

Key rules and gotchas

The super-priority covers common-expense assessments only. Late fees, interest, attorney fees, and costs are part of the total lien but are NOT part of the super-priority. The mortgagee pays only the super-priority assessment amount; other charges are subordinate to the first mortgage and recover from surplus or from the owner personally.

The cap is six months at the current monthly rate. If the unit is four months delinquent at $400/month, the actual delinquency ($1,600) is less than the six-month cap ($2,400) — the mortgagee pays $1,600. If the unit is ten months delinquent, the cap applies and the mortgagee pays $2,400 (not $4,000).

The super-priority applies ONLY to condominiums. Non-condominium common-interest communities (townhome HOAs, lot subdivision HOAs) governed by CICAA (765 ILCS 160) do NOT have the super-priority. CICAA liens are fully subordinate to the first mortgage.

Post-foreclosure assessments are the mortgagee's responsibility. Under 765 ILCS 605/9(g)(4), the first-mortgage holder taking title at foreclosure is liable for assessments accruing AFTER the foreclosure. The super-priority payoff only covers pre-foreclosure delinquency; the new owner (mortgagee or foreclosure purchaser) must pay ongoing assessments from the date they take title.

Worked example: delinquency within the six-month cap

Condominium, monthly assessment $400, 4 months delinquent, total delinquency $1,600, mortgagee foreclosing.

• Six-month cap: $400 × 6 = $2,400.
• Super-priority amount: min($2,400, $1,600) = $1,600 (entire delinquency is within the cap).
• Regular lien balance: $1,600 − $1,600 = $0.
• Mortgagee must pay: $1,600.

Because the full delinquency falls within the super-priority cap, the mortgagee pays the entire assessment balance. There is no residual subordinate lien.

Worked example: delinquency exceeds the six-month cap

Condominium, monthly assessment $400, 12 months delinquent, total delinquency $4,800, mortgagee foreclosing.

• Six-month cap: $400 × 6 = $2,400.
• Super-priority amount: min($2,400, $4,800) = $2,400 (cap applies).
• Regular lien balance: $4,800 − $2,400 = $2,400.
• Mortgagee must pay: $2,400.

The mortgagee pays $2,400 to extinguish the super-priority lien. The remaining $2,400 of assessment delinquency becomes a subordinate lien — extinguished as to the property in the foreclosure but still owed by the prior owner personally. If the unit also has $2,000 in late fees, interest, and attorney fees, those charges are also subordinate and recover only from surplus or owner personal liability.

Worked example: pre-foreclosure strategy analysis

Same unit, no active foreclosure filed. The board wants to forecast recovery if the first mortgage eventually forecloses.

• Six-month cap: $2,400.
• Super-priority amount: $2,400 (capped at 6 months even with 12 months of delinquency).
• Regular lien: $2,400.
• Mortgagee is NOT yet foreclosing — the verdict frames this as a projection.

The board knows it can expect to recover $2,400 when/if the mortgage forecloses, regardless of how large the total delinquency grows. This shapes the board's decision about whether to accelerate its own association lien foreclosure or wait for the first-mortgage foreclosure.

What this calculator does NOT model

• Late fees, interest, attorney fees, or costs. The super-priority is assessments only. For the total lien including all charges, use the Illinois CICAA Assessment Lien Calculator.
• Post-foreclosure assessment liability. Under 765 ILCS 605/9(g)(4), the mortgagee taking title owes post-acquisition assessments; this calculator computes only the pre-foreclosure super-priority payoff.
• Special assessments. Whether special assessments fall within the super-priority is a contested area of Illinois law — some courts include them, others treat them as subordinate. The calculator uses regular common-expense assessments only.
• The CICAA super-priority (there is none). This calculator is for condominium associations under 765 ILCS 605 only.
• Deficiency judgments. The prior owner's personal liability for the balance above the super-priority is a separate calculation.

Sources

Last reviewed: 2026-05-19 against:

• 765 ILCS 605/9(g)(1) (six-month super-priority framework — association lien for six months of pre-foreclosure common-expense assessments has priority over first mortgage).
• 765 ILCS 605/9(g)(3) (mortgagee payoff obligation — lesser of six months or actual delinquency).
• 765 ILCS 605/9(g)(4) (post-foreclosure assessment liability of first-mortgage holder in possession).
• 765 ILCS 605/9.2 (attorney fees and costs recoverable from delinquent owner but NOT part of super-priority).
• 735 ILCS 5/15-1101 et seq. (Illinois Mortgage Foreclosure Law — procedure for foreclosure in which the super-priority payoff obligation arises).
• 1010 Lake Shore Ass'n v. Deutsche Bank Nat'l Trust Co., 2015 IL 118372 (Illinois Supreme Court — super-priority survives foreclosure sale; owed by foreclosure purchaser).