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What can I do after I file a lien to speed up process?

Hello, I filed a lien at the property located at 3534 Arcadia in Evanston, IL. The owner of the property has had it under contract for months now and we have agreed he owes me the amount I liened the home for. My frustration is very high as it's a lot of money. Can I do anything to make him pay me? Or can I foreclose on the property or something along these lines? I have been completely taken advantage of and now this investor is holding over 60k hostage, which I do not want to wait on any longer.

1 reply

Aug 27, 2020

Once a mechanics lien has been filed, it must be enforced in a certain amount of time or it will expire and become unenforceable. In Illinois, an action to enforce an mechanics lien in Illinois must be initiated within 2 years after completion of the work. An action to enforce a mechanics lien is a foreclosure action, through which the property may be sold to satisfy the debt. This is a full-blown lawsuit and very complicated so it is important get a lawyer, even if self-representation is possible, it is almost never a good idea. Prior to initiating the enforcement action and obtaining a lawyer, it can sometimes be worthwhile to inform the property owner of your intent to enforce the lien and foreclose on the property, this can sometimes lead to payment without having to undertake the time and expense of the lawsuit itself.

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