Effingham County Mechanics Lien Subcontractor Form

Effingham County Mechanics Lien Subcontractor Form
Fill in the blank Mechanics Lien Subcontractor form formatted to comply with all Illinois recording and content requirements.

Effingham County Mechanics Lien Subcontractor Guide
Line by line guide explaining every blank on the form.

Effingham County Completed Example of the Mechanics Lien Subcontractor Document
Example of a properly completed form for reference.
All 3 documents above included • One-time purchase • No recurring fees
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Additional Illinois and Effingham County documents included at no extra charge:
Where to Record Your Documents
Clerk and Recorder
Effingham, Illinois 62401
Hours: 8:30 to 4:30 M-F
Phone: (217) 342-6535
Recording Tips for Effingham County:
- Ask if they accept credit cards - many offices are cash/check only
- Check margin requirements - usually 1-2 inches at top
- Avoid the last business day of the month when possible
- Leave recording info boxes blank - the office fills these
- Recording fees may differ from what's posted online - verify current rates
Cities and Jurisdictions in Effingham County
Properties in any of these areas use Effingham County forms:
- Altamont
- Beecher City
- Dieterich
- Edgewood
- Effingham
- Mason
- Montrose
- Shumway
- Teutopolis
- Watson
Hours, fees, requirements, and more for Effingham County
How do I get my forms?
Forms are available for immediate download after payment. The Effingham County forms will be in your account ready to download to your computer. An account is created for you during checkout if you don't have one. Forms are NOT emailed.
Are these forms guaranteed to be recordable in Effingham County?
Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Effingham County including margin requirements, content requirements, font and font size requirements.
Can I reuse these forms?
Yes. You can reuse the forms for your personal use. For example, if you have multiple properties in Effingham County you only need to order once.
What do I need to use these forms?
The forms are PDFs that you fill out on your computer. You'll need Adobe Reader (free software that most computers already have). You do NOT enter your property information online - you download the blank forms and complete them privately on your own computer.
Are there any recurring fees?
No. This is a one-time purchase. Nothing to cancel, no memberships, no recurring fees.
How much does it cost to record in Effingham County?
Recording fees in Effingham County vary. Contact the recorder's office at (217) 342-6535 for current fees.
Questions answered? Let's get started!
Lien Claims by Subcontractor in Illinois
Mechanic's liens are available in Illinois pursuant to the Mechanic's Lien Act compiled under 770 ILCS 60. Liens are generally available for contractors, subcontractors, material or equipment suppliers, architects, and other design professionals. Subcontractors claiming a mechanic's lien should use the specialized form that references the contract between the property owner and the contractor (referred to as his or her agent in the lien claim document).
A lien is a type of property interest, like a mortgage. There are many types of liens such as tax liens, attorneys' liens, and judgment liens. A lien operates by allowing the lienor to make a claim against the property if it is later sold. Therefore, for a sale to occur, the property owner is required to disclose the existence of the lien to any potential purchaser and the sales proceeds must be used to pay off that lien. If the lien exceeds the value of the property this creates something known as a "deficiency," which must be recovered through a lawsuit. The lienor can also force a sale through foreclosure. Illinois only authorizes mechanic's liens on private projects and not those associated with public (government) entities.
When you provide labor or materials as a subcontractor to a general contractor and the general contractor never pays his or her invoice, filing a mechanic's lien is usually the next step in recovering the amount due. Subcontractors must also individually file 60-day (owner-occupied residential projects only) and 90-day notices to access their lien rights under State law. It is also helpful to attach these previous filed documents to the lien claim as exhibits to further support your case.
Mechanic's liens demand strict deadlines and missing the filing date by even one day can cost you your right to a lien. In Illinois, the time to file a lien arises within four (4) months from the last date of furnishing labor or delivered materials to the jobsite pursuant to the contract between the owner and his or her agent (contractor). The four-month period applies to your right against all third parties and subsequent owners. You have two (2) years to file suit against the original owner to foreclose on a mechanic's lien. 770 ILCS 60/9.
The claim for lien must state the parties to the contract and its terms, identify the general contractor and property owner, state a legal description of the owner's property, and state the total amount due and unpaid as of the date the notice is recorded. The lien amount includes the invoice amount owed minus all credits and offsets. A lienor may not include extras such as attorney's fees (unless a suit is filed to enforce the lien) or lost profits but may charge interest measured by the legal rate in Illinois. 770 ILCS 60/1(a).
Before recording the lien, sign it in the presence of a notary public who then notarizes it with his or her seal. The lien should be recorded at the recording office for the county where the property is situated. For residential projects, you must serve the owner with a copy of the recorded lien within ten (10) days' time.
The deadlines for filing a lien are set in stone, and failure to file on time will cost you your right to a lien. Additionally, putting in improper amounts or exaggerating the claim will invalidate the lien. If you lose your lien rights, the only remedy is to sue the property owner under contract law. As lawsuits are expensive, time-consuming, and stressful, this will become a much more challenging endeavor as opposed to enforcing a lien.
Each case is unique. Contact an attorney with specific questions regarding filing a subcontractor's claim or any other issues related to mechanic's liens in Illinois
Important: Your property must be located in Effingham County to use these forms. Documents should be recorded at the office below.
This Mechanics Lien Subcontractor meets all recording requirements specific to Effingham County.
Our Promise
The documents you receive here will meet, or exceed, the Effingham County recording requirements for formatting. If there's an issue caused by our formatting, we'll make it right and refund your payment.
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