Yes, both the mortgagor-occupied dwelling unit and the other units in the building are “residential real estate” under the Illinois Mortgage Foreclosure Law (IMFL). “Residential real estate” includes multiple-dwelling structures that contain six or fewer single family dwelling units, when at least one of those residential units is occupied by the mortgagor — which appears to be the case here. Consequently, the entire building would be classified as “residential real estate.”

However, the IMFL uses a different definition of “residential real estate” for purposes of determining the mortgagor’s possessory rights over the foreclosed property during pre-judgment foreclosure proceedings. In the context of such pre-judgment proceedings, only the mortgagor-occupied dwelling unit would be considered “residential real estate.”

For resources related to our guidance, please see:

• Illinois Mortgage Foreclosure Law, 735 ILCS 5/15-1219 (“‘Residential real estate’ means any real estate . . . which is improved with a single family residence or residential condominium units or a multiple dwelling structure containing single family dwelling units for six or fewer families living independently of each other, which residence, or at least one of which condominium or dwelling units, is occupied as a principal residence either (i) if a mortgagor is an individual, by that mortgagor, that mortgagor’s spouse or that mortgagor's descendants, or (ii) if a mortgagor is a trustee of a trust or an executor or administrator of an estate, by a beneficiary of that trust or estate or by such beneficiary’s spouse or descendants or (iii) if a mortgagor is a corporation, by persons owning collectively at least 50 percent of the shares of voting stock of such corporation or by a spouse or descendants of such persons. The use of a portion of residential real estate for non-residential purposes shall not affect the characterization of such real estate as residential real estate. . . .”)

• Illinois Mortgage Foreclosure Law, 735 ILCS 5/15-1701(b)(1) (“Right to possession . . . (b) Pre-Judgment. . . . If the residential real estate consists of more than one dwelling unit, then for the purpose of this Part residential real estate shall mean only that dwelling unit or units occupied by persons described in clauses (i), (ii) and (iii) of Section 15-1219.”)