Illinois Certificate of Satisfaction of Mechanic's or Construction Lien

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Multi-State
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US-01032BG
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Description

A mechanic's (or construction) lien is a claim created by statute to secure priority of payment for labor performed or materials furnished in the making of improvements on real property. A mechanic's lien attaches to the land as well as improvements on the land. Mechanics' liens are purely statutory in origin, and a mechanic's lien may not exist unless it is expressly created by the terms of a statute. This form is a sample of a certificate of a lienholder that the debt secured by the release has been paid and stating that the lien should be marked discharged in the appropriate land records.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

On What Grounds Can Mechanics Liens Be Defeated? Sworn statements and lien waivers. Description of the property owner. Incorrect contract description. Incorrect lien claim amounts. Allocation and apportionment. Lienable improvements. Abandoned projects. Landlord-Tenant issues.

In Illinois, the general rule is that lien priority is awarded to whoever records a lien against property first.

To file a mechanics lien in Illinois, the contractor must file a claim of lien with the recorder of deeds office within four months of the last day of work. The claim must include the following information: A statement of the work performed or materials supplied. The date that the work or materials were supplied.

To be entitled to any recovery under the Private Lien Act, the General Contractor must file its Mechanics Lien and bring a suit to foreclose within two (2) years of the completion of the project (?Completion Date?).

A mechanics lien can be recorded after 4 months and within 2 years of the last date of work but it will only be good against the original owner. Furthermore, subcontractors, those that are hired by a general contractor, must submit notice of their lien claim within 90 days of their last date of furnishing.

A mechanics lien can be recorded after 4 months and within 2 years of the last date of work but it will only be good against the original owner. Furthermore, subcontractors, those that are hired by a general contractor, must submit notice of their lien claim within 90 days of their last date of furnishing.

The Illinois Mechanics Lien Release Form is used to cancel a lien that has already been filed. It's most often used to release a lien claim after a lien claimant receives payment. However, they may also be released based on settlements, legal controversies, because they expired, or more.

Liens do not disappear on their own. The easiest way to remove a mechanics lien is by obtaining and recording a lien release from the lien claimant. If the lien has been paid or has expired under Section 34, property owners can compel the issuance of a lien release by issuing a Section 35 notice.

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Illinois Certificate of Satisfaction of Mechanic's or Construction Lien