Expert Advice When You Need It Most
How to Protect a Subcontractor's Mechanics Lien Rights on Private Property in IllinoisWritten by: Michael T. Nigro Reputation Level 6
Posted almost 3 years ago. Applies to Illinois, 4 helpful votes, 0 comments
1
Know who you are dealing with.Determine the entity name with whom you contracted, who hired your customer, and each party up the chain of contracting from your customer to the general contractor and the owner of the real estate. Order a title search to determine the exact name of the owner and the legal description of the property. Verify all corporation names with the Illinois Secretary of State web site. 2
Prepare the Notice of Claim for LienPrepare a Notice of Claim for Lien identifying who you contracted with, the general contractor, and any intervening parties in the chain, and the owner. Identify your contract, the legal description of the property, and the last date of your work (excluding corrective work) in the Notice of Claim for Lien. 3
Send the Notice of Claim for LienThis must be sent by certified mail, restricted delivery, with delivery limited to addressee to each of the owners of record and mortgage holders and copies to the contractors in the chain. 4
Record the LienThis must be sent by certified mail, restricted delivery, with delivery limited to addressee to each of the owners of record and mortgage holders and copies to the contractors in the chain. 5
File suit to foreclose the lien.Within 4 months of your last date of work, record the lien with the Recorder of Deeds in the county where the property is located. 6
File Suit to Foreclose the LienSuit must be filed to foreclose the lien within 4 months of your last date of work. If it is not, the lien will expire and be of no effect. Consult with an experienced construction law attorney, from the beginning to the end of this process to make sure that you collect what you are owed. Neither bankruptcy nor an IRS lien bars the collection of a properly perfected lien. Related Questions1 Attorney answers: 
Asked by a user in Chicago, IL - almost 2 years ago. 1 Attorney answers: 
Asked by a user in Chicago, IL - 4 months ago. 1 Attorney answers:
Asked by a user in Jamestown, NC - over 2 years ago. Find Franchising LawyersRelated Searches |