Frequently Asked Questions - Illinois Mechanics Lien
Illinois Lien Documents are Easy to File with LienItNow.com
What is an Illinois mechanics' lien claim?
In Illinois, liens filed on private property or on funds relating to a public project are known as Mechanic's Liens. When an Illinois lien is filed with regard to work performed on privately owned property, it attaches to and encumbers the fee simple ownership of property. Illinois construction liens on public property to do not attach to the real property, but rather to the money due from the owner to the prime contractor.
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Who can file an Illinois mechanics' lien Claim?
Contractors, as well as subcontractors and material suppliers can file an Illinois construction lien. If a company does not have a contract with the owner or with the contractor, they are not eligible to file an Illinois mechanics lien claim.
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Are pre-lien notices for an Illinois mechanics' lien Claim required?
Yes. Within 60 days from beginning work on a single family, owner occupied residence, subcontractors and suppliers who do not have a contract with the owner must provide notice to the owner that they are supplying labor or materials. On all projects, within 90 days of the completion of the work, subcontractors and suppliers who do not have a contract with the owner must provide notice to the owner and the mortgagee.
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When should an Illinois mechanics' lien Claim be filed?
An Illinois construction lien should be recorded within four months after the completion of the work to prevail over the owner and third parties. An Illinois construction lien can be filed up to two years after completion of the work, but may not be valid if the property was conveyed to a third party four months after the completion of the project.
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How much does it cost to file an Illinois mechanics' lien Claim?
LienItNow.com prepares, files and serves Illinois mechanics' liens (which includes a written notice of intent to claim a lien, if necessary, as well as a verified statement of lien) for a fee of $290.00. Pre-lien notices are not included in the $290.00 price, but can be filed for a fee of $50.00.
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Do I need a written contract to file an Illinois Mechanics Lien?
No. Oral contracts are sufficient if you have sufficient documentation to show the existence of an agreement or that you performed the work for which you are filing an Illinois mechanics lien.
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How does filing an Illinois mechanics' lien Claim help me get my money?
On a private project, the Illinois mechanics' lien places an encumbrance on the property that makes it difficult to resell or re-finance the property without first removing the lien.
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What is an Illinois Stop Notice and why should it be filed
LienItNow.com prepares and serves Illinois Stop Notices for a fee of $125.00. A Stop Notice is a notification that has the ability to enhance the effectiveness of a mechanic's lien. A Stop Notice, or a notice to withhold funds, is sent to the company that is financing or funding the construction funds for a project. Once that company receives the Stop Notice, that company has notice that it should withhold sufficient money to satisfy the stop notice claim. The purpose of the Stop Notice is to provide the lender, financiers or funders of the construction project notice that there is money owed to a contractor, subcontractor or supplier so that an inquiry can be made as to why that money is not being paid.
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What is an Illinois Amendment to a mechanics' lien Claim?
LienItNow.com prepares, files and serves Illinois Amendments to mechanics' lien Claims for a fee of $250.00. Amendments to a mechanics' lien claim are often needed when something about the claim changes. Common changes to a lien claim are increases or reductions in the amount due to the lienor, or a change to the last date of work.
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When should an Illinois Discharge of mechanics' lien claim be filed?
LienItNow.com prepares, files and serves Illinois Discharges of mechanics' lien Claims for a fee of $85.00. Once the lienor has been paid the amount contained in its lien claim, or has come to an agreement that requires the lien claim to be removed from the property records, a Discharge of mechanics' lien Claim should be filed.
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How much does it cost to file an Illinois Extension of a mechanics' lien Claim?
LienItNow.com prepares, files and serves extensions of mechanics' lien Claims for a fee of $85.00. All lien claims expire after a certain period of time, and filing an extension of the mechanics' lien claim prolongs the expiration date. Illinois law, however, does not permit an extension of mechanics' lien claims.
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Can I file a Bond Claim on an Illinois Project?
LienItNow.com prepares, files and serves Illinois Bond Claims for a fee of $275.00. Bond claims can only be filed on a project where the owner, contractor or subcontractor has obtained a payment bond to ensure that every contractor receives payment for the work performed on the Project. The payment bonds issued by sureties for construction projects have specific timing requirements, but most require claimants to submit claims against the bond within sixty to ninety days from the claimants' last date of work. Bond claims are as or more effective than a lien claim because the payment bond acts as a guarantee that payment will be made for work properly completed.
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Do I need to file a Pre-Notice to make a claim against an Illinois payment bond?
LienItNow.com prepares, files and serves Illinois Pre-Notices for bond claims for a fee of $50.00. Depending on the terms of the payment bond, pre-notices may or may not be required. LienItNow.com recommends that, prior to or immediately after starting work or delivering materials to a project, subcontractors and suppliers, file a pre-notice that it is a potential beneficiary of the construction project's bond.
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