A lien (pronounced lean) is a legal right, claim, or interest in another person’s property that remains until a debt is paid or an obligation is fulfilled. For example, a lien may be placed on real property to secure a contractor’s claim for payment for work or materials provided to improve the property (a mechanic’s lien) or by a homeowners’ association to secure payment for unpaid dues or assessments against an individual homeowner.
There are many different types of liens related to real property and the laws regarding these liens may vary from state to state.
In Illinois, a lien is a legal claim against property that ensures payment of a debt or fulfillment of an obligation. One common type of lien is the mechanic's lien, which contractors can file against real property when they have not been paid for work performed or materials provided. This lien must be filed within a specific time frame after the work is completed, typically within four months for filing a notice and two years for filing a lawsuit to enforce the lien. Homeowners' associations (HOAs) can also place liens on property for unpaid dues or assessments. These liens are governed by the Illinois Condominium Property Act or the Common Interest Community Association Act, depending on the type of homeowners' association. The process for enforcing these liens involves notifying the homeowner of the unpaid debt and, if necessary, pursuing foreclosure. It's important to note that Illinois law requires certain procedures to be followed for a lien to be valid, including proper notice to the property owner and filing the lien with the appropriate county recorder's office.