Cook Illinois Verified Complaint To Foreclose On Mechanic's Lien And For Other Relief
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How to fill out Illinois Verified Complaint To Foreclose On Mechanic's Lien And For Other Relief?
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FAQ
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.
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.
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.
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.
When a lien has expired, it should either be automatically dissolved, or an owner should be able to remove the lien without an extensive, drawn-out process. Something as simple as a mere filing by the property owner (with notice to the lienor) should be possible to discharge a lien.
The Illinois Mechanics Lien Act (the ?Act?), which is found at 770 ILCS 60/1-39, grants ?mechanics,? generally, contractors and subcontractors, the right to have a lien attached to the subject property (not the property owner) and thereafter seek a judicial sale of the attached real estate.
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.
It can take up to thirty days to receive the title and the lien release after the final payment. If you do not receive the lien release from your lender, your local DMV will most likely have specific forms to fill out.