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How much would it cost to litigate a lien?

IllinoisLien Foreclosure

I already have 4 liens filed on homeowners because homebuilder failed to pay me. The 4 liens are right @$70,000 total. How much would it cost to force foreclosure. I need to get this in motion.

3 replies

Jan 18, 2023

You ask how much it will cost to foreclose on "4 liens filed on homeowners" that arose because the initial builder failed to pay you. 

Short Answer: Mechanics Lien foreclosure is litigation, so every case is different. I cannot offer a one-size-fits-all answer here.

Longer Answer: The cost of litigation depends on a number of factors, such as the County in which the lien will be foreclosed, the resistance put up by each homeowner, and how long the case continues before resolution. The good news is that Mechanics Liens accure interest. The bad news is that Attorneys' fees are the exception, not the rule, when you foreclose.

I hope this information has been helpful. To get a more specific idea of your costs. consult with experienced Construction Counsel. Even then, there is no silver bullet - mechanics lien foreclosure litigation can get expensive and the fees vary.

Best of luck.

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Jan 19, 2023

Generally, unless you want to handle the issue yourself (which you are free to do, but in my experience I haven’t seen that turn out well for people), you will have to pay an attorney to handle it.

Market rate for a good, experienced construction attorney is anywhere from $300-$650/hour, depending on the complexity of the lawsuit, the experience of the attorneys, the value of the property, etc.

My specialized construction practice group charges competitive rates. Please reach out if you would like to discuss your options, the budget, etc.

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Jan 23, 2023

I would first need to make sure the liens are properly perfected. Assuming they are, I would need a retainer of $5,000.00 

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