An Illinois Transfer Order From another Division For assignment To Mechanics Lien Section is a document issued by the Illinois Supreme Court that transfers a case from one court division to another for assignment to the Mechanics Lien Section (MLS). The MLS is a specialized court division that handles lien-related cases, including mechanics liens, storage liens, and material man liens. The transfer order is typically issued after the filing of a complaint or other lien-related document. The order will include the name of the party transferring the case, the name of the court division to which the case is being transferred, and the date and time of the transfer. There are two types of Illinois Transfer Orders From another Division For assignment To Mechanics Lien Section: voluntary and mandatory. A voluntary transfer is initiated by the filing party and is usually done as a convenience. A mandatory transfer is issued by the court and is usually based on the complexity of a case.
Illinois Transfer Order From another Division For assignment To Mechanics Lien Section
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FAQ
Per a 2016 amendment to the Illinois Mechanics Lien Act, the state developed a statutory process for the interested buyer to obtain a surety bond for the amount of the lien, effectively removing it by proving you have the means to pay it at a later time. This process is known as bonding over the lien, or bonding off.
Section 5 of the Illinois Mechanics Lien Act states, ?It shall be the duty of the contractor to give the owner, and the duty of the owner to require of the contractor, before the owner or his agent, architect, or superintendent shall pay or cause to be paid to the contractor or to his order any moneys or other
Contractors and subcontractors must file suit to enforce a mechanic's lien within two years of the last date of work.
The appellate court noted that Section 17(b) of the Mechanics Lien Act (770 ILCS 60/17(b)), specifically allows for attorney fees where the owner was ?without just cause or right? to withhold payment to the lien claimants for the base contract price.
The mechanic's lien process MAY NOT begin until 60 days has lapsed without service payment for liens of $2,000 or less, or until 30 days has lapsed without service payment for liens of more than $2,000. A mechanic's lien transaction in violation of these provisions of the Illinois Compiled Statutes will be returned.
38.1. Substitution of bond for lien. of a lien claim, including an owner, former owner, association representing owners organized under any statute or to which the Common Interest Community Association Act applies, or the contractor or subcontractor.