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Incorrect spelling of last name on filed lien. Do we have to refile?

Illinois

We filed a mechanics lien, but Levelset did not use the scout research determined owner's last name. The last name that the lien was filled under was spelled incorrectly. The lien notice that was sent to the address was returned to us also. Do we need to resubmit the lien filing with the corrected last name? Can we just resend the notice with the corrected last name?

2 replies

Nov 1, 2021

The Illinois Mechanics Lien Act gives every contractor that adds value to real property an interest equal to the value added (an inchoate "lien" interest). To enforce ("perfect") that lien, the claimant must file Notice of Mechanics Lien with the Recorder of Deed in the county in which the property is located. That Notice must identify the property on which the work was done, both by legal description and Permanent Identification Number (PIN). 

In short, misspelling the name of the owner of the property is not a fatal error. You may file an Amended Notice of Mechanics Lien Claim correcting the spelling. Even if you do not, as long as the property is identified by its legal description and PIN, your claim should survive.

As for your Notce being rejected, that could be due to a number of factors. Remember, to be valid, notice must be enclosed by Certified Mail, Return Receipt Requested. The property Owner may well have received the Notice and chose to decline the certified letter. Or, you may have the wrong address. There is no way to know without further information.

I hope this information has been helpful. Best of luck!

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Nov 8, 2021
So long as you have the correct legal description, common address and PIN number on the lien, and have complied with all other statutory time requirements, the spelling error should simply be treated as a scrivener’s error and you should not need to re-record the lien.
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