I served lien through your service, the property has closed I still haven't been paid.
Talked to title company yesterday said I need to do something it is coming up on two years.
What should I do, I have tried to talk to owner to no avail.
1 reply
Feb 5, 2018
In Illinois, there are two mechanics lien deadlines, with differing protections. A mechanics lien must be filed within 4 months after completion of work to get priority over owner and third parties, but the deadline is extended to 2 years after completion of work to prevail over original owner only. This may be important depending on when you filed your lien, and what you mean by "closed." If you filed your lien within 4 months of completing work, it doesn't really matter.
If by "closed" you mean a sale of the property occurred and closed, a lien filed after 4 months from your completion of work may not be effective against the new owner - while it likely would be if it was filed within 4 months. If by closed" you mean closed in the sense of a retail establishment, or otherwise not being open for business any longer, it may not matter if the same party owns the property.
Additionally, and to the point of the original question, in Illinois, an action to enforce a mechanics lien must be initiated within 2 years after completion of work. Accordingly, if it is coming up on 2 years, an action to enforce the lien (foreclose on the property) must be initiated. Otherwise, the lien will expire and become unenforceable. An action to enforce is a full-scale lawsuit, for which you will almost assuredly need to retain counsel.