An Illinois mechanic’s lien allows a person who has provided labor or supplies towards a contract job to take action against their client’s non-payment. A lien provides the claimant with a security interest in the property title, entitling them to the owed amount in the event of a foreclosure. A lien will also inform homebuyers interested in the property that there is an unpaid debt that must be settled if purchased, thus making it difficult for the owner to sell the home or obtain financing and more likely for them to deliver payment before a foreclosure lawsuit takes place.
Before receiving any payment or advances from the owner, contractors are required to provide the owner with a sworn statement of all parties involved in the contract and the amounts due to each person (770 ILCS 60/5). Subcontractors must also deliver a notice pursuant to 770 ILCS 60/5(b)(ii) within sixty (60) days of commencing work.