Legal Question in Real Estate Law in Illinois

First-time home buyer blues

Money was held in escrow for landscaping that was to be performed at a later date. Builder did an unsatisfactory and incomplete job and now wants me to release the money from escrow. I have refused to release the money until the job is completed, satisfactorily. He has threatened to file a lien against my mortgage claiming that he can foreclose on my house. What sort of legal recourse do I have?


Asked on 7/24/06, 7:45 pm

1 Answer from Attorneys
Charles Dobra Charles Wm. Dobra, Ltd.

Re: First-time home buyer blues

Well, you can't file a lien against a mortgage, but you can file one in the chain of title. After that, he can bring a foreclosure action; i.e., to foreclose upon the lien. If he does sue, you can counterclaim, defend, etc. You really need to speak to a lawyer in the county in which this property is located. Good Luck!

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Answered on 7/24/06, 9:14 pm


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