Filing and Enforcing a Mechanics Lien in Illinois: From Recording to Foreclosure

From recording the lien to enforcing it through foreclosure, every step is governed by strict procedures under the Illinois Mechanics Lien Act. Failing to follow these steps precisely can result in the loss of your claim—regardless of how much is owed.

If securing your right to payment is critical, let the Illinois mechanics lien lawyers at Grzymala Law Offices handle every detail. Our team serves Cook, Lake, McHenry, Kane, and Will counties with seasoned construction law counsel.

Recording the Mechanics Lien

General contractors, subcontractors, material suppliers, , property managers, architects, and, in some cases, equipment lessors can all file mechanics liens.. If you aren’t sure whether your project or claim qualifies, an Illinois mechanics lien attorney can review your contracts and work records.

To protect your right to record a mechanics lien, Illinois law sets out specific notice rules, which vary depending on your role in the project:

• Subcontractors & Suppliers – If you are not contracted directly with the property owner, you must deliver a written “90-day notice” to the property owner (and, if applicable, any lender) within 90 days after your last labor or material delivery. This notice describes your claim and gives the owner an opportunity to resolve the payment dispute before the lien is recorded.
• General Contractors – When you have a direct contract with the property owner, a formal notice is usually not required. However, detailed documentation of your contract, work performed, and communications is essential, especially if payment problems arise.

Once the notice requirements are met, the next step is to formally record your lien. The process involves several strict procedural rules:

• Where to File – You must record the lien with the county recorder’s office where the property is located.
• Deadline – The claim must be recorded within four months of your last day of work or material delivery to secure full protection. If you record after four months but within two years, your lien will still exist, but it may lose priority to other claims or newer purchasers.
• Information Required: The recorded lien must contain all the essential details required by Illinois law. This includes your full name and address, the property owner’s name, and a precise legal description of the property itself. It is also necessary to clearly outline the labor, materials, or equipment you provided, along with the total contract price, the unpaid balance, and the specific dates when work began and ended.

Any mistake or omission can lead to an invalid lien, making professional guidance invaluable. Working with a top-rated Chicago mechanics lien lawyer ensures every document is precise, every deadline is met, and your lien is fully enforceable under Illinois law.

Perfecting the Lien

Perfecting a mechanics lien in Illinois requires strict attention to every statutory detail. For subcontractors and suppliers, the process begins with serving a 90-day notice to the property owner and, if applicable, the lender—this must occur within 90 days after the last day of work or material delivery. 

Afterward, the actual lien claim should be recorded within four months to ensure it holds priority over subsequent creditors or buyers. Failing to meet this window can leave your lien subordinate or, in some cases, unenforceable. 

Even after recording, you must initiate a lawsuit to enforce the lien within two years of completing the work, or the lien will expire regardless of the outstanding balance. Notices must be served personally or via certified mail return receipt restricted delivery or via overnight carrier and proof of service should be retained. Thorough documentation, including all contracts and communications, is essential to supporting your claim and building a strong case.

Foreclosure

Once recorded, many mechanics liens are resolved before litigation. A lien clouds the title, often motivating owners and lenders to settle promptly, especially when a sale or refinance is pending. Your Illinois mechanics lien lawyer can negotiate on your behalf for full and prompt payment. If no settlement occurs, Illinois law allows you to foreclose on the lien.

• Timing – You must file a lawsuit within two years of your last work.
• Process – A lien foreclosure lawsuit operates much like a mortgage foreclosure. The court reviews the validity of your lien and the underlying debt. All interested parties—including the owner, mortgage lender, and other lienholders—are joined in the suit.
• Outcome – If the court finds in your favor, the property can be ordered sold. The sale proceeds are used to pay your claim, with priority determined by the timing and perfection of each lien.

Stay Ahead of Payment Delays with a Skilled Illinois Mechanics Lien Lawyer

By partnering with Grzymala Law Offices, you gain the benefit of experienced Illinois mechanics lien lawyers who understand every nuance of the lien process, from recording your claim to enforcing your rights in court. Our attorneys have helped countless contractors, subcontractors, and suppliers across Chicagoland recover the payments they’ve earned. Take the next step to protect your financial future—contact us today and let Grzymala Law Offices ensure your mechanics lien Illinois filings are handled with precision and dedication.