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A lien is the right to keep their property until they repay their debt. You do this by filing a record of the judgment with the recorder of deeds in your county. This creates the lien, which applies to all property owned by the judgment debtor in that county. The document you file is called a Memorandum of Judgment.
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.
In Utah, an action to enforce a mechanics lien (both pre-construction or construction) must be initiated within 180 days of the date on which the Notice of Lien was filed.
In Illinois, a mechanics lien must be filed within 4 months after completion of work to be effective against subsequent property owners. If the lien is filed after 4 months but before 2 years after completion of work, it will still be effective against the original owner.
If contractors and suppliers don't get paid on a construction project in Illinois, they can file a mechanics lien to secure payment. A mechanics lien is a legal tool that provides the unpaid party with a security interest in the property.
1. Who May Have A Lien? Private: Every contractor or subcontractor who has furnished or is furnishing labor, materials, services, fixtures, apparatus or machinery, or forms or form work to the owner, general, or sub.
The Time Comes To File your Illinois Mechanics Lien In Illinois, the lien must be verified by the subcontractor with an affidavit, and must include a statement detailing the contract, the balance due, and the legal description of the property that you are attaching the lien to.
WHAT MUST I DO BEFORE I FILE MY LIEN? Usually there is at least one notice that you must mail before you can file your lien. These notices are sometimes called notices of intent to file lien. Illinois Document Preparation fee of $165 includes all required notices of intent.
Mechanics liens are valid for 2 years after filing in Illinois. This means that, unless you extend the lien, you have 2 years to enforce your lien.
Who can file an Illinois mechanics' lien Claim? Contractors, as well as subcontractors and material suppliers can file an Illinois construction lien. If a company does not have a contract with the owner or with the contractor, they are not eligible to file an Illinois mechanics lien claim.