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how can I escalate this.

IllinoisLien DeadlinesLien Foreclosure

We have filed a lien with no response. The homeowner owes us 15k

2 replies

Oct 12, 2020

A filed Illinois mechanics lien claim will only be valid for a per iod of two years after the completion of any "lienable work;" i.e. the 2 years from the last date of furnishing labor or materials to the project. To foreclose on the lien, an enforcement lawsuit must be intiated within this timeframe, or the claim will expire and no longer be enforceable.

One way to escalate the dispute before contacting an attorney to file the lawsuit is to send a Notice of Intent to Foreclose. This isn't a required document, but is typically very effective at inducing payment. This is merely a simple letter stating that if you aren't paid within x amount of days you are ready and willing to enforce your lien in court. After which, if payment isn't forthcoming, it may be time to reach out to an Illinois-based construction attorney to help you with the foreclosure process. 

Here's an article you may find helpful: 4 Steps to Take After Filing a Mechanics Lien 

Good luck!

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Oct 13, 2020

Based upon your description, since the lien has been recorded, your only option is to file suit to foreclose on the lien. I would also encourage, if this has not been done, to try and have a conversation with the property owner to work out an agreement. If suit is filed, it should also include claims for breach of contract and quantum meruit.

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