Judgement Lien On House In Chicago
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Agent Resources: Help Clients Navigate Property Liens Liens on a house often result in slower and more complex sale processes. Sellers with a lien on their homes may struggle to find buyers or have sales fall through due to the risks a lien poses for buyers.
Illinois law governs the time limit for enforcing judgment and states “no judgment shall be enforced after the expiration of 7 years from the time the same is rendered.”1 The same statute allows the 7-year limitation period to be extended “upon the revival of the judgment by a proceeding.”
Selling a house is a complex and time-consuming process. However, it becomes even more complicated if there's a lien on the property. In Illinois, you can still sell a house with a lien on it, but there are important factors to consider before moving forward.
The judgment lien is not going to impact a homesteaded property so the mortgage lender would be able to obtain a first lien on your property. So, as long as you otherwise qualify for a mortgage, the judgment lien should not be a problem.
Once a court judgment is entered against you, creditors can access powerful debt collection tools they weren't previously able to use, like wage garnishment. In many cases, this means they can begin collection efforts right away. This could include garnishing your wages, freezing your bank account, or seizing property.
A judgment is a lien on real estate for 7 years from the time it is entered or revived. 735 Ill. Comp. Stat.
An Illinois Notice of Intent to Lien must be sent within 90 days of last furnishing labor or materials to the project. Illinois is one of the few states which requires a Notice of Intent to Lien be sent before a lien can be filed.
Enforcement proceedings (also known as collection actions) to collect judgments are governed primarily by 735 ILCS 5/2-1402. This statute provides three main tools for enforcing and collecting judgments: (1) the Citation to Discover Assets; (2) wage garnishment proceedings; and (3) non-wage garnishment proceedings.
How does a creditor go about getting a judgment lien in Illinois? To attach a lien, if the debtor's property is located in the same county where the judgment was entered, the creditor files the judgment with the county recorder.
