Chicago Memorandum to Illinois Contractors and Subcontractors - Critical dates and procedures to enforce Mechanics Lien rights and Exhibit to Memorandum
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FAQ
But just because the lien expires does not mean that it is automatically removed from your property. You can remove a mechanics lien only by one of two ways: The contractor records a release of mechanics lien; or. You file a petition with the court to release the mechanics lien.
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.
To Remove Lienholder: Submit lien clearance letter from the lienholder indicating that the lien has been paid in full; or. Submit lien contract stating that the lien has been paid in full; Submit a court order directing our office to issue the duplicate title without the lien or lienholder's name.
In order to enforce a claim for mechanics lien, both general contractors and subcontractors must file a lawsuit or complaint to foreclose their lien claim within two (2) years of the last date of work or furnishing. The lawsuit is filed in the county in which the real estate lies.
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.
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.
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.
The lien remains in effect for 7 years, even if the creditor does not force a sale. This means that you probably cannot sell the real estate during this time because a buyer would want you to pay the judgment in full before agreeing to purchase the property.