What Is a Mechanic’s Lien?

Web Admin - Wednesday, March 21, 2018
Inverness real estate lien attorneyIn any real estate transaction, there are a variety of legal issues that can arise that will affect the parties’ ability to complete the sale. If there are any encumbrances on the property, they will restrict the owner’s ability to transfer the title. Mechanic’s liens are one type of encumbrance that people may not be aware of, and property owners should be sure to understand how these liens can affect them.

Mechanic’s Liens in Illinois

A mechanic’s lien can be placed on a property by a contractor, subcontractor, or supplier if they were not paid for improvements which were made to the property. This could occur because a contractor was not fully paid for the work they did or because a contractor failed to pay a subcontractor or supplier. A mechanic’s lien is a cloud on title that must be resolved before the property can be sold or refinanced.

In Illinois, a contractor must file a mechanic’s lien within four months after the work was completed. A subcontractor must record a lien within 90 days of the date that they last worked on the property. A claim must include a statement of the work performed according to the contract, the amount due to the claimant, and a description of the property. A claimant must file a lawsuit to foreclose on the lien within two years after the completion of work. If the lawsuit is successful, the claimant will be entitled to receive the amount due, as well as interest at the rate of 10% per year.

Subcontractors must meet some additional reporting requirements before they can file a mechanic’s lien. Within 60 days after commencing work on the property, they must provide a notice to the property owner specifying the name and address of the subcontractor, the type of work to be performed or the materials to be provided, the date work began, and the name of the contractor who hired the subcontractor. 

A mechanic’s lien can be removed when the claimant releases the lien, usually after receiving payment. If a claim has been filed, but a lawsuit has not been commenced, a property owner can serve notice to the claimant requiring them to file a lawsuit within 30 days, and if the claimant fails to do so within that period, they will forfeit their rights to the lien.

Contact a Schaumburg Real Estate Attorney

If you need help resolving issues related to mechanic’s liens or other encumbrances during a real estate transaction, the attorneys of Drost, Gilbert, Andrew & Apicella, LLC can help you meet your legal requirements and work with you to complete your transaction successfully. Contact our Rolling Meadows real estate lawyers today at 847-934-6000 to arrange a personalized consultation.

About the Author: Attorney Jay Andrew is a founding partner of Drost, Gilbert, Andrew & Apicella, LLC. He is a graduate of the University of Dayton School of Law and has been practicing in estate planning, probate, trust administration, real estate law, residential/ commercial leasing, contracts, and civil litigation. Since 2005, Jay has been a Chair of the Mock Trial Committee for the Annual Northwest Suburban Bar Association High School Mock Trial Invitation which serves over 240 local Illinois students each year.


Transferring a Home to an Adult Child – Why Putting Them on the Deed is Not an Option

Web Admin - Friday, October 06, 2017
Illinois wills and trusts attorneysAs parents age and their children grow up, they begin to face their own mortality. They realize they will not always be around, and that everything they own must be given to a loved one, a charity, or an adult child. Homes are one of the most commonly transferred items after death, but how you do it matters. Learn more about transferring your home to a child, including why simply “putting them on the deed” should never be an option. 

Dangers of Deed Transfers 

There are three basic ways to transfer the deed of your home: an ownership transfer deed, a will or living trust, or a transfer on death instrument. Of all the options, the first is your least desirable. Mostly, this is due to the tax implications that an heir may face, should you simply transfer the title over to their name. However, this is not the only concern when transferring a deed over to an adult child – nor is it the most concerning. 

Parents typically trust their children, but there have been instances in which children have sold the home, right out from underneath their parent, to gain a profit. Alternatively, if the child ends up in a lawsuit or falls behind on their income taxes, the house could have a lien placed on it. Because the deed is now in the child’s name, the parent (who may still be living in the home) is powerless. They cannot stop the seizure, remove the lien, or save their home. 

A Better Way to Transfer the Ownership of a Home 

Besides deed transfers, parents can use either a living trust or a transfer upon death instrument. How do you decide which is most appropriate for your needs or situation? The first step is to consider your situation. Is your adult child responsible? Can they maintain the deed on their own? Might they have a way to move the mortgage over to their name, or is their credit rating simply too low? All these questions – and more – can be answered by an experienced estate planning lawyer.   

Contact Our Arlington Heights Wills and Trusts Lawyers 

No one likes to think about passing away, which is why Drost, Gilbert, Andrew & Apicella, LLC work so hard to provide compassionate and experienced assistance. Committed to ensuring we exceed your expectations, our Arlington Heights wills and trusts lawyers can examine your situation, advise you of your options, and then assist you in developing creative estate planning solutions to fit your needs. Schedule a personalized consultation to learn more.

About the Author: Attorney Jay Andrew is a founding partner of Drost, Gilbert, Andrew & Apicella, LLC. He is a graduate of the University of Dayton School of Law and has been practicing in estate planning, probate, trust administration, real estate law, residential/ commercial leasing, contracts, and civil litigation. Since 2005, Jay has been a Chair of the Mock Trial Committee for the Annual Northwest Suburban Bar Association High School Mock Trial Invitation which serves over 240 local Illinois students each year.



Recent Posts


employment law, meal breaks, rest breaks, hotel employees, Des Plaines employment law attorneys Long Grove real estate attorney Colin H. Gilbert South Barrington real estate attorney Barrington employment attorney Kenilworth estate planning lawyer cell phone accidents product liability FSLA Palatine civil attorney sexual harassment medical marijuana living wills Illinois medical malpractice attorney life insurance personal injury, auto accident injuries, delayed injuries, serious injuries, Des Plaines personal injury attorneys Crystal Lake tax lawyer Illinois employee rights attorney. spinal cord injury Des Plaines pet law attorney traffic tickets Chicago will attorney cell phone tower data Illinois criminal defense attorney commercial real estate Fair Labor Standards Act Detainer Actions Rolling Meadows car accident lawyers South Barrington real estate lawyer Illinois employment attorneys hit and run accident rumble strips wills truck collisions Rolling Meadows DUI lawyer Arlington Heights medical malpractice lawyer healthcare Arlington Heights insurance attorney Palatine corporate attorney breach of contract Rolling Meadows insurance lawyer construction accidents, personal injury, wrongful death, Arlington Heights personal injury attorneys, workers' compensation head on collisions Des Plaines medical malpractice attorney first degree murder murder defense wrongful termination Crystal Lake estate planning lawyer personal injury claim breathalyzer test Illinois living will Crystal Lake employment attorney Food and Drug Administration's Food Safety Modernization Act golf accidents Illinois boating accident lawyer Rolling Meadows personal injury attorney Rolling Meadows drug defense attorney Inverness estate planning lawyer Arlington Heights traffic attorney right to work problem employees Inverness injury lawyer Barrington criminal defense lawyer Illinois workplace discrimination attorney employment law Des Plaines criminal attorney IRA benefits real estate attorney child safety workplace sexual harassment Illinois employment law attorney creditors changes to mortgage law murder charges Palatine Attorney Whistleblower Claims Illinois insurance attorney DUI elder abuse insurance dispute Long Grove real estate lawyer Illinois injury lawyer Illinois pedestrian accident attorney Palatine business attorney employment contract, employment law, employment at-will, Deer Park employment law attorneys, contract, Rolling Meadows business lawyer Inverness probate lawyer manufacturing accidental death benefits Inverness real estate lawyer Deer Park workers compensation lawyer clemency license unfunded trust rent to own real estate contracts Illinois insurance lawyer ken apicella personal injury lawyer insurance claim denials civil rights violation drunk driving statistics Barrington estate planning attorney criminal law wills and trusts Illinois will lawyer swimming pools Des Plaines real estate lawyer special needs trust personal injury Rolling Meadows tax attorney Rolling Meadows accident lawyer back injuries meal breaks Crystal Lake bike accident lawyer Palatine criminal defense lawyer wrongful death Riverwoods estate planning lawyer Barrington medical malpractice lawyers POA federal regulations for LLCs car accident Illinois tax attorney Rolling Meadows insurance dispute lawyers, insurance dispute insurance claim delay Arlington Heights lawyer real estate leasing residential real estate Crystal Lake injury attorney Rolling Meadows medical malpractice lawyers Crystal Lake will lawyer Chicago car accident lawyer Illinois construction accident attorney Inverness personal injury attorney dram shop law Illinois taxes holiday statistics Rolling Meadows Attorney dynasty trusts digital media accounts, estate planning, Arlington Heights estate planning attorney, Palatine employment attorney Barrington litigation attorney GM ignition switches Arlington Heights wills and trusts lawyer Schaumburg estate planning attorney car accident lawyers Rolling Meadows marijuana attorney privacy Illinois traffic attorney license revocation Rolling Meadows traffic attorney Rolling Meadows personal injury lawyer Transfer on Death Instrument Illinois insurance claim attorney pedestrian accident Illinois civil litigation lawyer pet bites Illinois red light cameras fiduciary rule startup company Buffalo Grove real estate attorney Arlington Heights employment attorney Palatine estate planning lawyer Crystal Lake accident attorney pain and suffering Illinois defective products attorney Inverness traffic law firm Illinois Sales Representative Act capital gains tax estate planning lawyer cell phone Class A misdemeanor Colin Gilbert compensatory time dealing with problem employees Illinois DUI attorney Arlington Heights Attorney Arlington Heights employment law attorneys Illinois Smoke Detector Act Illinois insurance claim dispute lawyers Buffalo Grove injury lawyer jet ski Jay Andrew blended families Barrington injury attorney Palatine real estate lawyer Mount Prospect real estate lawyer auto accidents Illinois wrongful termination lawyer Illinois pet lawyer traffic offenses Illinois personal injury Landlord Tenant Ordinance pedestrian injuries, pedestrian fatality ACA texting while driving paid sick leave Buffalo Grove personal injury lawyer Kenilworth estate planning attorney Palatine workers compensation lawyer traumatic brain injury Schaumburg car accident attorney gift taxes Schaumburg civil litigation attorney Buffalo Grove traffic lawyers financial advisors Schaumburg personal injury lawyers Chicago estate planning lawyer Illinois Transfer on Death Instrument Thanksgiving Crystal Lake traffic attorney llinois Real Estate Lawyers Association insurance claims Illinois medical malpractice claim texting and driving insurance disputes Do Not Resuscitate Illinois trucking safety pizza emoji Palatine employment law lawyer insurance disputes, Illinois insurance disputes, Illinois insurance dispute attorneys, denied insurance claims, Arlington Heights insurance dispute attorneys Illinois traffic laws investment property Schaumburg Attorney liens Arlington Heights criminal lawyer Des Plaines civil attorney Crystal Lake personal injury lawyer DNR Des Plaines personal injury lawyers Palatine insurance lawyer Barrington Illinois estate planning lawyer Chicago biking tips real estate driving Federal Food Drug and Cosmetic Act Illinois estate planning attorney consent to a search food poisoning employees Illinois motorcycle accident lawyer Barrington workers compensation attorney Barrington attorney Illinois workplace lawyer Schaumburg corporate attorney Illinois Workers’ Compensation Commission Illinois traffic ticket lawyer Family Medical Leave Act liability liability claims trench injuries Schaumburg employment attorney boating under the influence Illinois trusts attorney employment attorney construction contracts DUI defense estate attorney Crystal Lake traffic lawyer Crystal Lake insurance lawyer eluding a police officer Schaumburg Illinois home inspection Buffalo Grove personal injury attorney real estate zoning Illinois car accident attorney Palatine civil litigation lawyer natural gas explosion revenge porn Exclusions Rolling Meadows insurance dispute lawyers BAC DMV minimum wage insurance attorney bike accident sole proprietorship Illinois job attorney Inverness civil lawyer digital assets Crystal Lake car accident attorney Barrington personal injury lawyer living trust new real estate form Rolling Meadows insurance attorney Illinois employment law PTSD Des Plaines tax law firm suspended license trustee fiduciary rule delay Schaumburg traffic lawyer dog bites Illinois business law atorneys drunk driving Crystal Lake law firm Des Plaines drug crimes lawyer probate underinsured motorist Schaumburg criminal attorney Crystal Lake employment lawyer trust payments personal injury attorney Fourth of July license suspension motorcycle accident personal injury law firm Chicago corporate attorney Mount Prospect wills and trusts lawyers reckless homicide premises liability car accident lawyer marijuana defective products Illinois driving without license workers compensation benefits overtime pay privacy laws Chicago lawyer Buffalo Grove corporate attorney Schaumburg injury lawyer Palatine trusts lawyer insurance claim dispute Legal Info nursing home negligence traffic deaths Super Mario distracted driving accidents Schaumburg estate attorney Rolling Meadows traffic law firm defective products lawyer Schaumburg wrongful death attorney trauma after an accident Inverness real estate attorney Policy Cancellation traffic violations unauthorized overtime preventable medical errors wrongful termination, employment law, whistleblower protections, Illinois employment laws, discrimination in the workplace Schaumburg medical malpractice lawyer filing a medical malpractice claim Illinois collections attorney installment contracts Barrington employment law firm insurance adjusters agent motorcycle accident lawyer Deer Park traffic accident attorney jet ski accidents Arlington Heights car accident lawyer pedestrian-automobile accident probate process IRA trust transfer Home Sale Contingencies Palatine traffic lawyer Crystal lake insurance dispute attorney Deer Park medical malpractice attorney Illinois medical malpractice case insurance denial appeals Illinois jet ski accident lawyer Buffalo Grove medical malpractice lawyers School Visitation Rights Act Mt Prospect Attorney controlled substance power of attorney for healthcare Chicago employment attorney small business Schaumburg criminal law attorney Rolling Meadows criminal attorney Des Plaines motorcycle accident attorney Crystal Lake personal injury attorney in terrorem provision personal injury accidents Schaumburg real estate lawyer irrevocable trust health insurance dispute Rolling Meadows litigation lawyer medication errors Des Plaines corporate law foreclosure brain injury Self-Directed IRA Accounts Palatine corporate law attorneys probate claims process tax attorney institutional trustee fault based insurance Illinois LLC creation Deer Park accident attorney civil litigation attorney guardianship attorney living trust vs will power of attorney IRS gift tax exemption, estate planning, estate planning strategies, Illinois estate planning, South Barrington estate planning attorneys speeding no contest clauses Crystal Lake pet attorney insurance claim Illinois elder law attorney car crash injuries Home Remodeling Repair Act Arlington Heights wills and trusts attorney landlord estate planning pregnant women Crystal Lake criminal defense attorney probate fees Arlington Heights TBI attorney Forcible Entry Joliet general practice lawyers Des Plaines real estate attorney Schaumburg personal injury attorney sexual images coronavirus Chicago estate planning insurance claim denial Buffalo Grove traffic attorney Crystal Lake car accident lawyer Schaumburg insurance lawyers Arlington Heights personal injury attorney hands free device Arlington Heights wills and trusts lawyers employment contract estate planning, digital assets, Revised Uniform Fiduciary Access to Digital Assets Act, Illinois digital assets, Illinois estate planning, Barrington personal injury attorney Buffalo Grove insurance claim dispute lawyers denial of life insurance subcontractor real estate contract DGAA Rolling Meadows real estate attorney life insurance claims Chicago trucking accident attorney Illinois personal injury lawyers TBI Buffalo Grove car accident lawyer caretaker rights slip and fall accidents Crystal Lake business law attorneys Palatine injury attorney Arlington Heights trucking lawyer blood alcohol content medical malpractice insurance agent negligence trusts Inverness corporate attorney Arlington Heights tax lawyer Schaumburg elder law lawyer social media after death Des Plaines insurance attorney owner responsibility vacation home Buffalo Grove criminal defense lawyer loopholes Long Grove estate planning Crystal Lake medical malpractice attorneys advance healthcare directive Rolling Meadows estate planning attorney pedestrian accidents appealing an insurance claim severance agreements Long Grove estate planning attorneys Chicago insurance claim attorneys independent contractor Deer Park employment law attorney Illinois law college kids Des Plaines personal injury attorney deed transfer Deer Park motorcycle accident lawyer caregiver digital evidence life insurance policy Rolling Meadows criminal lawyer license reinstatement boating DUI disability benefits Crystal Lake medical malpractice lawyer Arlington Heights car crash attorneys Affordable Care Act forming a corporation in Illinois Chicago attorney distracted driving accident victims healthcare claims Illinois traffic accident lawyer Arlington Heights Traffic Lawyer Des Plaines DUI attorney modern family estate planning traffic violations defense low-ball insurance settlement Illinois attorney home inspection lawyer boating accidents Illinois personal injury lawyer Barrington estate planning lawyer Illinois speeding lawyer traffic crimes Illinois insurance disputes Illinois employment law attorneys Palatine employment lawyer Illinois medical malpractice lawyers Palatine punch death underfunded trust Des Plaines drug lawyer workers comp car crashes whistleblower protections Schaumburg probate attorney Crystal Lake medical malpractice law firm business litigation trucking accident lawyers Barrington boating accident attorney income distribution deducation deadly crashes car collision senior citizens Illinois employment law firm digital assets, digital fiduciary, estate planning, digital content, Long Grove estate planning lawyers Kenilworth estate planning attorneys Barrington civil litigation attorney Buffalo Grove law firm digital information employment lawyer commercial leases field sobriety test Arlington Heights accident attorney automated cars Illinois mortgages workers compensation Des Plaines collections attorney Schaumburg construction accident lawyer Des Plaines Traffic Lawyer Deer Park personal injury lawyer Illinois Human Rights Act Rolling Meadows boating crash lawyer Des Plaines injury law firm Illinois workers compensation lawyer Long Grove estate planning attorney Illinois employment lawyer Schaumburg personal injury lawyer Arlington Heights injury attorney insurance denials vacation home fines marijuana crimes attorney hiring employees Rolling Meadows corporate lawyer fatal car accidents traffic laws Rolling Meadows DUI penalities Rolling Meadows Traffic Lawyer Deer Park traffic lawyer work unions criminal defense foreclosed rental property life insurance lawyer Illinois insurance claims lawyers traffic accidents Rolling Meadows employment attorney IRELA involuntary manslaughter preventing accidents estate plan Retaliatory Discharge denied insurance claim LLCs anesthesia errors comp time real estate lawyer crossover accidents drug crimes medical research Rolling Meadows probate lawyer Illinois employment laws job lawyers drug crimes lawyer drugs pet law real estate attorneys medical malpractice, missed diagnosis, delayed diagnosis, medical mistake, Deer Creek medical malpractice lawyers contracts estate planning, death tax, succession plans, business estate plans, Barrington estate planning lawyers personal injury claims Buffalo Grove probate lawyer uninsured motorist Illinois small business insurance agents Illinois estate planning Palatine traffic accidents employee discrimination probate claims Illinois corporate lawyer operating agreements criminal Des Plaines personal injury lawyer estate planning attorney Barrington Traffic Lawyer traumatic brain injuries Liquor Control Act Crystal Lake civil litigation lawyer overtime violations rest breaks Attorney Ken Apicella BUI attorney fees Barrington criminal lawyer Inverness accident lawyer surgical mistakes Arlington Heights real estate lawyer ObamaCare Schaumburg employment law attorneys Barrington drug crime attorney slip and fall loss of consortium bicycle accidents Barrington employment law attorney living trust benefits Illinois business lawyer estate tax Inverness insurance attorney Crystal Lake employment law attorney medical malpractice compensation car crash comparative negligence BAIID DUI attorney rollover car crashes Schaumburg drug defense lawyer car accidents homestead rights insurance dispute, insurance dispute lawyers, insurance claim denial, insurance claim delays, Rolling Meadows insurance dispute attorneys Palatine drug lawyer Employment Discrimination Law Inverness DUI lawyer Illinois Probate Act of 1975 Palatine probate lawyer Illinois registered agent Inverness elder law lawyer Palatine elder law attorney Illinois Wage Payment and Collection Act employment law, Illinois employment laws probate lawyer Illinois real estate mass shooting unpaid assessment Arlington Heights personal injury lawyer murder Chicago employment lawyer commercial leasing denied insurance claims underage DUI federal crimes Illinois bicycle safety Palatine construction attorney Arlington Heights pedestrian accidents estate planning trusts estate planning for college students Illinois wills and trusts Crystal Lake pedestrian accident lawyer criminal record civil litigation Des Plaines accident attorney condo association Illinois rollover accident lawyers products liability Barrington business law firm mortgage trucking accidents drug possession Arlington Heights wills and trusts attorneys insurance negligence employee misclassification Rolling Meadows employment law attorney construction accidents expungement internet landlord tenant law employee rights Illinois insurance dispute lawyers Illinois wills and trusts attorneys insurance dispute attorney Deer Park criminal attorney Illinois probate lawyer Long Grove wills and trusts attorneys Deer Park DUI lawyer Arlington Heights estate planning attorney natural gas Illinois real estate lawyer Illinois traffic attorneys Schaumburg estate planning lawyer Rolling Meadows employment law attorneys spinal cord injuries Illinois estate planning law firm drug crime Chicago will attorney, social media platforms, Illinois estate planning lawyer, rollover accidents real estate closing Illinois personal injury attorney insurance claim dispute attorney Rolling Meadows personal injury lawyers Deer Park real estate law firm Chicago traffic lawyer Chicago insurance law firm Mount Prospect elder law attorney Illinois lawyer icy parking lots Illinois insurance claim dispute lawyer Palatine law firm bad faith insurance claims Buffalo Grove employment lawyer Illinois workers compensation attorney condo Palatine personal injury lawyer Des Plaines claims law firm elder law bicycle dooring accidents wage theft Barrington real estate lawyer unpaid overtime FMLA Illinois Trust Code CAM pay when paid contract medical malpractice claims