Filing a mechanics lien in Illinois can be Tricky. Fortunately, the “5 things to know” below can help get you started. There is Some Tension about Who Qualifies to File a Mechanics Lien in Illinois Both original contractors (contractors in direct contract with the property owner such – as architects, engineers, construction managers and laborers) [...]
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Mechanics Lien Law: Illinois Considering “Bonding-Off” Amendment
A mechanics lien is an extremely powerful tool unpaid contractors and subcontractors can use to get paid. One of the ways in which a mechanics lien affects a property is that it can “cloud” the property’s title. In layman’s terms, a property with clouded title becomes extremely unattractive to potential buyers or creditors since there is always [...]
Cook County Mechanics Lien: Avoid The Mail When Submitting Your Claim
The mechanics lien laws vary by state – not county. Nevertheless, there is practical information about each county recorders office that is critical to know when filing a mechanics lien claim. This is especially true in Cook County, Illinois, one of the largest county recording offices in Illinois and in the entire United States. [...]
Cook County Mechanics Lien: Information On Filing In Cook County, Illinois
The Lien Blog and zlien’s Mechanics Lien resources are stuffed with information about the mechanics lien laws as they vary from state-to-state, but we rarely analyze these laws at the county level. Yesterday, however, we broke the mold and published a fantastic guide to filing a mechanics lien in Cook County, Illinois. That guide is above. What You Need [...]
Illinois Mechanics Lien Priority: New Law Expands Protection
In a landmark case decided in February of 2011, LaSalle Bank National Association v. Cypress Creek 1, the Illinois Supreme Court took a major step towards limiting the rights of mechanics lien claimants, by changing their lien priority. The Paid Blog addressed this case when the ruling was issued and then followed-up when a new law [...]
Illinois Mechanics Lien: How To File Your Claim and Get Paid
Filing a mechanics lien in Illinois, just like in any other state, can be a technical and error-prone task. As we’ve stated over and over again on this blog, mistakes are common, and they can be fatal to the effectiveness of your claim. This article guides you step-by-step on filing an Illinois mechanics lien claim, [...]
What If Your Mechanics Lien Is Filed After The Owner Sells The Property?
Earlier this week someone asked a question on Avvo.com about whether a mechanics lien would be effective if filed after ab original owner sold the property. This is a great question that comes up pretty infrequently, but depending on the applicable state law, may be a great illustration of how effective and dangerous mechanics lien [...]
Illinois Mechanics Lien Rises From The Dead: HB3636 Approved To Amend Mechanics Lien Act
Illinois Bankers Association – Vote No on House Bill 3636 from SlatersGarage on Vimeo. In early 2011, the Illinois Supreme Court issued a 5-2 decision in a mechanics lien priority case that prompted one member of the Illinois State Bar to proclaim the decision marked the “death of the mechanics lien.” Two years later, the [...]
Illinois Appeals Court Denies Excuse For Late Mechanics Lien Foreclosure Action
As far as lien foreclosure deadlines are concerned, Illinois has a pretty liberal rule. Unlike states like California where lien claims must be foreclosed upon within just 90 days from its filing date, claimants in Illinois need not foreclose on their mechanics lien claims until two years after the completion of their contract. In a recent case [...]
When Is Property “Attached” For Purposes of Filing A Mechanics Lien
Earlier this week I published an article about a recent case in California regarding manufactured homes, where the court was called upon to decide if a manufactured home sitting on a property’s foundation was “attached’” and part of the realty, or simply an unattached fixture. The answer seems obvious and the court ultimately ruled that [...]
Illinois Mechanics Lien Law Change Proposed To Nullify Recent Court Decision
Readers of our blog interested in Illinois’ mechanics lien laws likely know about the dreadful “Cypress Creek” decision handed down last year by the Illinois Supreme Court in LaSalle Bank National Association v. Cypress Creek I, LP. The case greatly impacted the Lien Priority given to mechanics lien claimants and construction lenders, tipping the scales [...]
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