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How can a lien be removed from the property after contractor fails to respond to Demand letter without litigation?

Good morning, I am inquiring about removing a lien in Illinois. Here is the super short version of the situation. Contractor placed a lien on the house. I sent a Demand Letter under Section 34 of the Illinois Mechanics Lien Act. The contractor did not file suit within the required 30 days. The questions I have are: 1. Is there a way that I can remove the lien without taking the contractor to court? 2. How long will the process take? 3. What is the quickest way to get the issue resolved?

1 reply

Jul 14, 2020

After an Illinois Notice to Commence Suit is properly sent, the mechanics lien claimant will only have 30 days to commence suit or file an answer. Failure to take action in that 30 days results in the forfeiture of the lien, as laid out by § 34 of the state's mechanics lien statute. § 35 of the Illinois mechanics lien statute lays out what should happen when a lien is satisfied or forfeited. Under § 35(a), after a lien is forfeited or satisfied, an owner should generally provide a written demand to the lien claimant requiring them to release the lien claim. Upon receipt, the claimant will have to release their claim within 10 days, or they'll be liable for $2,500 in damages to the owner. And, if the owner has to bring suit to recover, they'll also be entitled to attorney fees and costs. So, if the claimant has forfeited their lien claim, it'd be wise to request the release of the lien and to mention the $2,500 penalty, plus the potential for additional fees and costs. Having them release their own mechanics lien will be the fastest, easiest, and cheapest way to get the lien claim off of the property title. If the claimant refuses, then legal action would likely be necessary. Though, again, their failure to timely release the lien could result in them being liable for attorney fees & court costs. Lastly, consulting with an Illinois construction attorney might be useful if you aren't able to square things away with the claimant, yourself. You can begin the search for the right lawyer, here: Find an Illinois Construction Lawyer.

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