I have a friend who owns a house and hired a contractor to do some work. The contractor did not finish the work and my friend is unwilling to fully pay him. So the contractor has put a lien on his property for the 2000.00 expected to pay. The attorney fees that the contractor has incurred is 450 and they are expecting my friend to pay the 2000 and 450. My friend does not want to pay for this because the job was left unfinished and not done well. My friend has no intention of selling the house soon. Is it true that after 2 years this lien will cease to be in effect and he does not have to worry about this lien or should he contact an attorney to fight this?
Mechanics lien claims don't last forever. That is right, mechanics liens expire. After a certain date, the lien is no longer enforceable. This means that a lien claimant and an owner (the owner of the property that the mechanics lien attaches to) both have a ticking clock!
In Illinois, a Mechanics Lien must be filed within a certain time limit and enforced within 2 years from the last day of work to be effective. Failure to foreclose a Mechanics Lien 2 years after the last day of work renders it void and unenforcable. When the property is sold the lien will sitll have to be stripped from the title or a title company will not ensure - in that case, it is necessary to bring a Quiet Title action in the Circuit Court.
I hope this information was helpful. Best of luck.
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