Judgment Lien Forms With Miniatures In Chicago
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FAQ
Upon death, the person's interest passes to the other joint owner(s).
In Illinois, a judgment from an Illinois state court, or a federal court located in Illinois, becomes a lien on real property only after a transcript, certified copy, or memorandum of the judgment is recorded at the office of the county recorder in the county where the property is located. 735 ILCS 5/12-101.
And the amount owed. If you are placing a judgment lean. You first need to obtain a judgement </S>MoreAnd the amount owed. If you are placing a judgment lean. You first need to obtain a judgement </S> in court. Once you have a judgment you can file it with the county recorder's.
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.”
Unpaid judgment creditors are NOT entitled to a lien on property in Illinois. In Illinois, a lien is a legal claim on property that ensures debt repayment. Contractors, material suppliers, and mechanics are entitled to a mechanic's lien on property for the value of the work, materials, or services they provide.
Regarding your question about jointly owned property, it is possible for a lien to be placed on it unless it is held "by the entirety," which is a special way that a deed can be held by a married couple. However, if it is not held in this specific manner, there is a potential for a lien to be placed.
In short, to force the sale of jointly owned property, you must first confirm title, then attempt a voluntary sale or buyout, file and serve a partition lawsuit, get an appraisal, sell the property, and finally divide the sale proceeds fairly.
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.
Judgment liens do not last for the full twenty years that the judgment is enforceable. The lien will expire seven years from the time it is recorded. 735 ILCS 5/12-101. However, real estate that has been levied upon within the seven-year period is allowed one additional year to be sold to enforce the judgment.
