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Foreclosure Suit on Mechanics Lien

Illinois

We have mechanics lien on a property and they are refusing to pay. What is needed to file a foreclosure suit?

4 replies

Jun 23, 2022

If you have a perfected Mechanics Lien against private property in Illinois, you may foreclose your perfected lien by filing suit in the county in which the property is located. A contractor suing to foreclose his lien must allege:

  • Brief statement of the contract
  • Date of the contract
  • Date of last performance
  • The Amount Owned
  • A description of the premises
  • Facts necessary to the case

Of course, these are very general elements, and most likely you covered many of them in your Mechanics Lien claim. A Mechanics Lien foreclosure complaint is more about telling the story of the job and what went wrong than just reciting the elements. The Complaint must tell a compelling story. It can also be told in multple Counts - breach of mechanics lien, breach of contract, unjust enrichment, etc. 

For more information, check out my blog, where I write about this is much more detail: https://www.illinoisbusinesslitigationlawyer.com/illinois-mechanics-liens/

I hope this information was helpful. 

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Jun 24, 2022
The contract, the validly recorded lien, title history on property etc…
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Jun 24, 2022
To enforce a mechanics lien you must file a lawsuit to foreclose the lien. It is a complicated process with many landmines for the inexperienced. I suggest you consult an attorney who specializes in this type of work.
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Jun 24, 2022

To enforce a mechanics lien you must file a lawsuit to foreclose the lien. It is a complicated process with many landmines for the inexperienced. I suggest you consult an attorney who specializes in this type of work.
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