Legal Question in Construction Law in Illinois

Lien priority

I have a mechanic's lien on a property for work I performed. The lien, in error, reads that I finished the work 1 month before I actually did which would mean it was filed after the 4 month statute of limitations. 1. Can this be rectified if and when we file suit to foreclose? 2. What is the order of priority of liens - a bank filed a mortgage lien almost 6 months after us, do they still have priority over us? There are also outstanding county taxes. Other than that, we are the only other lienholders.


Asked on 1/10/04, 2:16 pm

1 Answer from Attorneys
Lawrence A. Stein Aronberg Goldgehn Davis & Garmisa, LLC

Re: Lien priority

Well, if you were a direct contractor, you may still have a lien, but this is really too complicated to answer in this forum. If you were a direct contractor, you have 2 years to file, but if you file more than four months after completion, you take subject to earlier papers filed. Moreover, there are credibility issues that arire by virtue of the error. If there is a significant amount in question, you should immediately hire competent counsel. Call me if you wish. Larry Stein (630) 221-1755.

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Answered on 1/11/04, 1:17 pm


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