Legal Question in Real Estate Law in Illinois

They usually don't threaten, they just do it. So, I believe that this guy is trying to pull the wool over your eyes. It would appear that you have a couple of causes of action against the contractor. Probably one that would let you recover your attorney's fees. I believe that you should consult with an attorney as soon as possible. Good Luck!

1. By law the contractor is obligated to notify you of the lien claim in writing. You can check the recorder of deeds too - I believe you are in Will County. Or you can pay a title company to look it up.

2. Defend? Of course. First the contractor has to file a lien foreclosure lawsuit, and you get to answer....etc.

3. Best option? Given your facts, I'd call this guy's bluff. By having an attorney write a stiff letter and if need be terminating the contract for default among other things.

Based on your facts don't be afraid to stand up for your rights. If you need to refi or this is money from a mortgage loan of any kind, you may have to post what's called a "title indemnity fund" if he really does lien your home -- that is something the lawyer can negotiate but it is where you post the money the contractor's claiming with the title company so you don't have to pay the contractor and can retain and preserve your defense rights......

The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is currently licensed to practice law actively only in the State of Illinois, inactively in Florida. Responses are based solely on Illinois law unless stated otherwise.