Legal Question in Real Estate Law in Illinois
How to release/remove Mechanic'c Lien
In December 2002 we hired a contractor to perform home improvements The work was completed, and the contractor was got paid in full. On March 26, 2003, I received a Notice of Mechanic's Lien that was placed on our home. The claimant stated that our contractor has made a subcontract with the claimant to manufacture the rails and the main contractor has failed to pay claimant. I never heard about this sub-contractor or his company until the day which I received the Lien notice. As of January 2007, the Mechanics lien is still placed on our home. On Jan. 8, 2007 I sent a Certified letter to the claimant demanding a suit shall be commenced or answer filed within 30 days, or the lien shall be fortified. On Feb. 20, 2007 sent another certified letter informing the claimant that they failed to commence a suit within the 30 days period, therefore the lien should be fortified; I demanded the lien to be removed within 10 days. The company still did not remove the lien. How can I get this lien to be removed/released? Since I could not refinance the mortgage because of the lien, can I sue for damage? Is there a time limitation on how long the claimant can put a Mechanic�s lien? Does this Mechanic�s Lien ever expire after a period of time?
1 Answer from Attorneys
Re: How to release/remove Mechanic'c Lien
When you hire a contractor, you need to get waivers for materials from subcontractors before you pay off in full. Therefore, it would seem the lien is legitimate. You will have to try and get the contractor to pay. If not, you will have to sue the contractor. Liens in Illinois usually expire in two years but they can be renewed. Also, be aware that your home can be forecloed upon by the lien holder.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
