How do I file a mechanic's lien in Illinois?
Illinois mechanic's liens are governed by the Mechanics Lien Act, 770 ILCS 60/0.01 et seq.
1. Who Can File
Contractors, subcontractors, sub-subs, material suppliers, architects, engineers, surveyors, and laborers (770 ILCS 60/1, 60/21).
2. Preliminary / Pre-Lien Notice
Subcontractors must serve a 90-day Subcontractor's Notice on the owner and lender within 90 days after the last day of work, with content prescribed by 770 ILCS 60/24. For owner-occupied single-family or 1-4 unit residential property, the subcontractor must also serve a 60-day Notice of Intent to Lien within 60 days of first furnishing labor or materials (770 ILCS 60/5).
3. Recording the Lien
Record a verified Claim for Lien with the recorder of deeds of the county where the property is located within 4 months of completion to preserve rights against third parties (purchasers, encumbrancers); within 2 years to preserve against the owner (770 ILCS 60/7). The claim must state contract date, parties, work, dates, and a legal description.
4. Service on Owner
A copy of the recorded claim should be served on the owner; the Section 24 notice itself satisfies most service requirements for subs.
5. Suit to Foreclose
File suit to enforce within 2 years after completion of the contract (770 ILCS 60/9). Owner may also serve a written demand to commence suit, forcing filing within 30 days (770 ILCS 60/34).
6. Priority
Liens relate back to the date of the contract with the owner, taking priority over later encumbrances; pre-existing mortgages keep priority as to land value (770 ILCS 60/16).
7. Bond Release
Owner may substitute a bond of 175% of the claim under 770 ILCS 60/38.1.
8. Homestead / Residential
Owner-occupied 1-4 unit properties require the 60-day Notice of Intent and have homestead exemption of $15,000 ($30,000 joint) that may shelter equity (735 ILCS 5/12-901).
9. Fraudulent Lien Penalties
A constructively fraudulent or knowingly false lien is void and the claimant may face attorney's fees and damages under 770 ILCS 60/35 and slander-of-title claims.
This is legal information, not legal advice.
- Owner serves a § 34 demand to commence suit within 30 days
- Owner-occupied 1-4 unit residence with disputed 60-day notice
- Priority dispute with construction lender or prior mortgagee
- 770 ILCS 60/0.01 et seq.
- 770 ILCS 60/5
- 770 ILCS 60/7
- 770 ILCS 60/24
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.