Pursuant to 770 ILCS 60/35, this form is used by an individual who has filed a lien claim to release the lien from the property.
Illinois Release of Filed Lien Claim - Mechanic Liens - Individual
Category:
State:
Illinois
Control #:
IL-010-09
Format:
Word;
Rich Text
Instant download
Description
Definition and meaning
The Illinois Release of Filed Lien Claim is a legal document used to formally release a mechanic's lien that has been placed on a property. A mechanic's lien allows contractors, subcontractors, or suppliers to claim a right over a property due to unpaid work or materials provided. Once the obligation is satisfied, the lien must be officially released via this document, ensuring that the property's title is clear after the claim is discharged.
How to complete a form
Completing the Illinois Release of Filed Lien Claim involves the following steps:
- Provide the name and address of the Claimant who is filing the release.
- Specify the county where the lien was filed.
- Fill in the details of the lien, including the filing date, book, and page number.
- State the amount associated with the mechanic's lien.
- Confirm whether the claim has been paid, satisfied, settled, or forfeited.
- Include the owner's information and a description of the property.
- Sign the document and have it notarized.
Who should use this form
This form should be utilized by individuals or businesses that have previously filed a mechanic's lien in Illinois and wish to formally release it. This includes contractors, subcontractors, and suppliers who have received payment or settled their obligations to the property owner. It is also applicable for property owners who want to clear their titles of any recorded liens.
Legal use and context
In the context of Illinois law, the Release of Filed Lien Claim is crucial for maintaining proper property records. Failing to release a lien can result in complications during property transactions, potentially hindering sales or refinancing. The release must be filed with the same office where the lien was recorded, ensuring that the property's ownership status reflects all current legal claims accurately.
Common mistakes to avoid when using this form
When completing the Illinois Release of Filed Lien Claim, avoid the following common errors:
- Inaccurately providing the filing details of the lien, such as book and page numbers.
- Failing to sign and notarize the document.
- Omitting the description of the property or including incorrect information.
- Not indicating whether the claim has been paid or satisfied.
What documents you may need alongside this one
To successfully file the Illinois Release of Filed Lien Claim, you may need the following documents:
- Original mechanic's lien document.
- Proof of payment or settlement agreement.
- Any correspondence or contracts related to the lien.
What to expect during notarization or witnessing
When notarizing the Illinois Release of Filed Lien Claim, the signer must present a valid form of identification to the notary public. The notary will verify the identity, witness the signing of the document, and affix their seal. This process ensures the authenticity and legality of the release. It's essential to complete this step before filing the document with the county.
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FAQ
The process of bonding off a mechanics lien starts after a claimant has filed a mechanics lien. After the claim is made, a general contractor or a property owner can contact a surety bond company to purchase a surety bond that replaces the value of the lien that was filed against the property.
To enforce the lien, the contractor must file a lawsuit within 90 days from the date of recording the lien. If this deadline is passed, the contractor may not be able to enforce the lien and may be required to remove the lien.
The deadline for contractors and subcontractors to file their statement of mechanic's lien is four months (not 120 days) from the last date of work (exclusive of warranty work or other work performed free of charge), or from the last date that materials were supplied to the project.
A mechanics lien is a legal claim on the property for unpaid construction work or supplies. Once claimants file a mechanics lien in California, the owner's property turns into collateral, allowing claimants to secure the service they rendered or the supplies they provided.
Negotiate with the contractor who placed the lien (the "lienor" to remove it. Obtain a lien bond to discharge the lien, or. File a lawsuit to vacate the lien.
Mechanic's liens create a cloud on title, meaning that they appear in public property records. Liens are sometimes said to travel with the land, meaning that anyone who buys your house would take the property subject to the contractor's lien (or, more likely, demand that you pay it off first).
Formalize a defense for disputing the amount of the lien. Gather supporting documentation for your rebuttal, depending on the type of lien. Contact the agent representing the creditor to dispute the amount of the claim. Negotiate a payment settlement with the creditor if you cannot pay the amount you owe in full.
In order to enforce a lien, the contractor, subcontractor or supplier must file a lawsuit. The deadline to file a lawsuit is two years from the last date work was performed or materials were supplied. A recorded lien is valid for these two years, but a failure to sue within that time frame voids the lien.
When a contractor files a mechanics' (construction) lien on your home, the lien makes your home into what's called security for an outstanding debt, which the contractor claims is due and unpaid for services or materials.