Which of the following would be entitled to a mechanic's lien?

Contractors, subcontractors, laborers, and material suppliers can file what is called a "mechanics lien" on a homeowner's property if they don't get paid.

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Illinois
Pre-Lien Notice to Owner Regarding Potential Mechanic's Lien for...

Illinois Pre-Lien Notice to Owner Regarding Potential Mechanic's Lien for Services to be Provided to General Contractor

Q: Does a mechanics lien take priority over a mortgage in Illinois?

In addition, a mechanic&#039;s lien may take priority over the mortgage to the extent the labor or materials supplied by the lienholder enhance the value of the property beyond the value of the property at the time the mortgage was recorded.

Category:

Liens - Construction - Mechanics

State:

Multi-State

Control #:

US-01003BG

Format:

Instant download

Description

A mechanic's lien is a claim created by statute to secure priority of payment for labor performed or materials furnished in the making of improvements on real property. A mechanic's lien covers the land as well as improvements on the land. Mechanics' liens are purely statutory in origin, and a mechanic's lien may not exist unless it is expressly created by the terms of a statute.

Statutes frequently require the potential lienholder to give notice of a claim of lien. Local statutes must be consulted to determine applicable requirements with respect to particular types of lien notices.

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Illinois Basic Stop Notice

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FAQ

An Illinois Notice of Intent to Lien must be sent within 90 days of last furnishing labor or materials to the project. Illinois is one of the few states which requires a Notice of Intent to Lien be sent before a lien can be filed.

A mechanics lien can be recorded after 4 months and within 2 years of the last date of work but it will only be good against the original owner. Furthermore, subcontractors, those that are hired by a general contractor, must submit notice of their lien claim within 90 days of their last date of furnishing.

?A successful Mechanics Lien claimant is entitled to the amount due under the contract plus interest at 10% per annum and attorney fees required to enforce the Lien.

In addition, a mechanic's lien may take priority over the mortgage to the extent the labor or materials supplied by the lienholder enhance the value of the property beyond the value of the property at the time the mortgage was recorded.

An Illinois Notice to Owner, also known as a ?60-Day Notice,? is a type of preliminary notice, and a crucial step to securing lien rights on an owner-occupied, single family residence. Sending this notice preserves your right to file a mechanics lien under Illinois law.

Contractors, subcontractors, laborers, and material suppliers can file what is called a "mechanics lien" on a homeowner's property if they don't get paid.

Section 5 of the Illinois Mechanics Lien Act states, ?It shall be the duty of the contractor to give the owner, and the duty of the owner to require of the contractor, before the owner or his agent, architect, or superintendent shall pay or cause to be paid to the contractor or to his order any moneys or other ...