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Who would be responsible for a mechanical lien in IL?

Hello, question for you. My mom owned a property in Illinois that my brother and sister-in-law moved in to with the intent to buy it. They added new HVAC system and then a year later decided not to buy the property and moved out. They only paid the HVAC company 1k out of 18k. They did not have a rental agreement or anything in writing from my mom to remodel the home. My mom sold the home right after they moved out, about 4 months ago. Now my sister-in-law claims my mom has to pay the HVAC bill even though it's in my sister-in-law and brother's names. Could the HVAC company place a lien on the home that the work was done at, even though my mom sold it?

1 reply

Aug 21, 2020

A mechanics lien attaches to the property itself, not a particular owner or resident of the property. Generally, a tenant of the property can only obligate their own "leasehold" interest unless the property owner gave specific approval for the work giving rise to a potential lien claim. In Illinois, while a lien may be filed up to 2 years after the completion the work and still be valid against the original owner of the property (if the original owner still owns the property) a lien must be filed within 4 months of the completion of the work to be effective against subsequent property owners. If such a lien is filed, however, the current owner of the property is obligated, and that party would have a claim against the party who actually didn't pay and whose failure to pay gave rise to the mechanics lien.

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