In Illinois Filing A Mechanic Lien Is Only The First Step: Notice Required Too

Many states mandate lien claimants complete at least two steps to successfully claim a lien: (1) File the lien; (2) Send notice of the lien to the property owner and other interested parties. In California, for example, the law was just changed to require more  post-lien notices to be sent to the property owner.

Thanks to Laurie & Brennan, LLP for calling our attention to a recent Illinois Appeals Court decision that re-iterates this important post-filing step. The case — Parkway Bank and Trust Co. v. Meseljevic (click to read full text) — holds that a mechanic lien is invalid as to a construction lender because the lender was not provided with notice of the lien within 90 days after the claimant’s completion of the work.

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Scott Wolfe Jr

About Scott Wolfe Jr

Scott Wolfe Jr. is the CEO of zlien, a company that provides software and services to help building material supply and construction companies reduce their credit risk and default receivables through the management of mechanics lien and bond claim compliance. He is also the founding author of The Lien and Credit Journal, a leading online publication about liens, security instruments and getting paid on every account. Scott is a licensed attorney in six states with extensive experience in corporate credit management and collections law, with a specific emphasis on utilizing mechanic liens, UCC filings and other security instruments to protect and manage receivables. You can connect with him via Twitter, LinkedIn and Google+.