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Where to pay off a mechanical lien filed against my property

IllinoisMechanics Lien

I am a homeowner. My contractor filed a mechanical lien on my property. Our negotiations broke down. My question is where I get information on the lien filed against my property , including exhibits. And where do I have to go to pay off the lien amount owed?

1 reply

Apr 15, 2020

Illinois mechanics lien filed against your property

To find a copy of the Illinois mechanics lien filed against your property, you'll need to contact the county recorder's office in the county where your property is located. Once you've reviewed the lien for its validity, there are two potential scenarios:

The mechanics lien is invalid/incorrect

If you feel the claim is unfounded or incorrect, there are two options to take.

1) Wait it out.

An Illinois mechanics lien is only valid for 2 years after completion of the work. If the lien isn't enforced within that timeframe, it will expire and no longer be enforceable. But, 2 years is, understandably, a long time to have a lien filed on your property.

2) Force their hand.

Under Illinois law §770 ILCS 60/34, an owner can send a "Notice to Commence Suit" to the lien claimant. This is a written demand sent to the claimant requiring them to file an enforcement action within 30 days of receipt. Failing to initiate the action will invalidate the claim. This notice has some strict requirements. It must be sent by registered or certified mail with return receipt requested. Also, it should reference the filed lien information and include the following language in 10pt, bold face type:
  • "Failure to respond to this notice within 30 days after receipt, as required by Section 34 of the Mechanics Lien Act, shall result in the forfeiture of the referenced lien."

The mechanics lien is valid

If the lien claim is indeed valid, payment should be made to the contractor who filed the lien on the property. When sending payment, you should include a written request for the claimant to release the claim. Under Illinois law §770 ILCS 60/35, once a written demand to remove the lien after satisfaction of the debt, the claimant must file a Satisfaction of Lien within 10 days. Failure to do so can subject the claimant to liability to the owner for $2,500 which is recoverable through a lawsuit. The claimant will also be liable for court costs and attorney's fees for such an action. Here's some additional reading you may find helpful
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