Judgment Lien Forms Foreclosure In Illinois

State:
Multi-State
Control #:
US-0025LTR
Format:
Word; 
Rich Text
Instant download

Description

The Judgment lien forms foreclosure in Illinois are essential legal documents used to create a lien against real property following a judgment. These forms ensure the enforcement of the judgment by attaching a claim to the debtor's property within the relevant county. Key features of the form include sections for detailed information about the judgment debtor, the court where the judgment was registered, and any additional properties that may need to be included. Attorneys, partners, owners, associates, paralegals, and legal assistants will find these forms useful when facilitating foreclosure actions or collecting debts. It is crucial to complete the forms accurately, adhering to specific instructions regarding filing and editing, to avoid any delays in the enforcement process. Additionally, the forms can serve as a vital tool in negotiations or settlements by outlining the creditor's claim to the debtor's assets. Ensuring a clear and documented lien helps protect the financial interests of clients and facilitates potential recovery during foreclosure proceedings.

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FAQ

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.

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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.”

Under Illinois law, a mechanics lien should be filed in the County Recorder of Deeds where the property is located. This is crucial as the lien must be filed not only in the correct county but the correct office as well. The fees and specific document formatting vary depending on your county.

2nd and Junior Mortgages (such as home equity loans, etc.) Credit Card Judgments (recorded after the foreclosing mortgage) Personal Judgments (recorded after the foreclosing mortgage) Mechanic's Liens (recorded after the foreclosing mortgage) Other Judgments (recorded after the foreclosing mortgage)

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.

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Deadline to File Suit or Foreclose Claim Suit must commence within four months after completion of the project. If the contractor records its claim of lien, it must file suit (or join in an existing action, and answer, counterclaim, etc., within that suit) within 2 years after completion of the project.

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Judgment Lien Forms Foreclosure In Illinois