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I was assigned a mechanics lien in Illinois. Do I have any standing to recover?

I have a mechanic's lien that has been assigned to me and notarized but it still shows up at the recorder of deed's under the name of the contractor who did the work. DO I have any legal standing on this lien. How would the county even know that I am owed the money if it is not recorded with them

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Jun 12, 2020

In Illinois liens can be assigned. The statute, (770 ILCS 60/8), provides that for a lien that has been assigned, all proceedings to enforce the lien may be maintained in the name of the assignee, who has full authority to enforce the lien. Assuming that the lien was properly prepared and recorded, and you are within the prescribed time frame to file a suit to foreclose the lien, you can proceed to enforce your claim. You would have to plead the assignment and have a copy of that document.

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Jun 13, 2020

Mechanics liens are assignable and, if done properly, are enforceable by the assignee to the same extent as by the contractor. The county does not need to know that you are owed money. Without seeing the document and the recorder's property index, it is impossible to answer the remainder of your questions concerning why it shows the contractor is the lien claimant. Did you record the assignment?

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Jun 24, 2020

The Illinois lien statute clearly provides for the assignment of liens at § 60/8. Under that section, the assignee will be entitled to bring a lien enforcement action in their own name - so, yes: you should have standing to recover. However, the statute doesn't provide a clear process for exactly how to make a lien assignment official. Generally, when a lien is assigned, the assignee will at least send notice to the property owner, GC, and whoever else is involved in the project. That way, they know who to pay or at least who to discuss the lien with. Further, it's also common to file a document like a Notice of Assignment in the property record which serves as a formal indication that the lien has been assigned. But, looking at the Illinois lien statute, it doesn't look like it's required. Ultimately, making sure you've got sound documentation showing the lien has been assigned to you is a good first step. Then, quickly notifying the other related parties of that lien assignment will be crucial. Including a copy of the lien assignment document would be wise. Finally, filing a document with the county recorder that signifies the lien has been assigned would be a good final step on that front.

Additional resources

With that being said, it'd be wise to consult an Illinois construction attorney to get their advice on how to proceed with an assigned lien. They'll have more experience with lien assignments in IL. You can find a lawyer here: Find a Illinois Construction Lawyer. Additionally, the resources below should be useful. - Things To Think About When Assigning A Mechanics Lien - The 4 Steps to Take After Filing a Mechanics Lien - Construction Payment: What Is a Notice of Intent to Foreclose?

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