Templates Real Estate Mechanics Lien Claim - Illinois
Mechanics Lien Claim - Illinois
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CLAIM FOR MECHANICS LIEN

State of Illinois

County of [________________________________]


IMPORTANT FILING NOTICE

This Claim for Mechanics Lien must be recorded with the Recorder of Deeds (or Registrar of Titles for Torrens property) in the county where the property is located. Under 770 ILCS 60/7, the claim must be recorded within 4 months after the claimant's last date of work or material delivery. Different notice requirements apply depending on the claimant's role and the type of property.


I. CLAIMANT INFORMATION

Full Legal Name of Claimant: [________________________________]

Claimant Entity Type:

☐ Individual / Sole Proprietor
☐ Corporation (State of Incorporation: [____])
☐ Limited Liability Company (LLC)
☐ Partnership
☐ Joint Venture
☐ Other: [________________________________]

Claimant Mailing Address:

[________________________________]
[________________________________]
City: [________________________________] State: IL ZIP: [____]

Claimant Phone: [________________________________]

Claimant Email: [________________________________]

Illinois Contractor Registration (if applicable): [________________________________]

Claimant's Role in the Project:

☐ General / Prime Contractor (direct contract with Owner)
☐ Subcontractor
☐ Sub-subcontractor
☐ Material Supplier
☐ Equipment Lessor
☐ Laborer
☐ Architect / Engineer
☐ Other: [________________________________]


II. PROPERTY OWNER INFORMATION

Full Legal Name of Property Owner: [________________________________]

Owner Mailing Address:

[________________________________]
[________________________________]
City: [________________________________] State: [____] ZIP: [____]

Owner Phone (if known): [________________________________]

Is Owner in possession/occupancy of the property? ☐ Yes ☐ No ☐ Unknown


III. PRIME / GENERAL CONTRACTOR INFORMATION

Prime Contractor Name: [________________________________]

Prime Contractor Address:

[________________________________]
[________________________________]
City: [________________________________] State: [____] ZIP: [____]

Prime Contractor Phone: [________________________________]


IV. HIRING PARTY INFORMATION

(If Claimant was not hired directly by Owner or Prime Contractor)

Name of Party Who Directly Hired Claimant: [________________________________]

Hiring Party Address:

[________________________________]
[________________________________]
City: [________________________________] State: [____] ZIP: [____]

Hiring Party's Relationship to Project:

☐ Subcontractor
☐ Sub-subcontractor
☐ Other: [________________________________]


V. PROPERTY DESCRIPTION

Property Street Address:

[________________________________]
[________________________________]
City: [________________________________], Illinois [____]

County: [________________________________], Illinois

Property Type:

☐ Single-family owner-occupied residence
☐ Multi-family residential (2–4 units)
☐ Multi-family residential (5+ units)
☐ Commercial
☐ Industrial
☐ Institutional
☐ Other: [________________________________]

Legal Description of Property:

[________________________________]
[________________________________]
[________________________________]
[________________________________]

(Attach Exhibit A for full legal description if additional space is needed)

☐ Exhibit A — Legal Description is attached hereto and incorporated by reference.

Property Identification Number (PIN): [________________________________]


VI. CLAIM FOR LIEN

A. Statement of Claim

Pursuant to the Illinois Mechanics Lien Act, 770 ILCS 60/1 et seq., the undersigned Claimant hereby claims a lien upon the above-described real property and improvements thereon for labor, services, materials, fixtures, apparatus, machinery, and/or equipment furnished in connection with the improvement of said property.

B. Brief Statement of the Contract

[________________________________]
[________________________________]
[________________________________]

C. Nature of Work Performed / Materials Furnished

Type of Improvement:

☐ New Construction
☐ Alteration / Renovation
☐ Repair / Remodeling
☐ Demolition
☐ Other: [________________________________]

Description of Labor Performed and/or Materials Furnished:

[________________________________]
[________________________________]
[________________________________]
[________________________________]

D. Contract Information

Type of Contract:

☐ Written Contract
☐ Oral Contract
☐ Implied Contract

Original Contract Price: $[________________________________]

Approved Change Orders: $[________________________________]

Total Adjusted Contract Price: $[________________________________]


VII. DATES OF WORK / FURNISHING

Date Claimant First Furnished Labor or Materials: [__/__/____]

Date Claimant Last Furnished Labor or Materials: [__/__/____]

Date of Completion of All Work on the Project (if known): [__/__/____]


VIII. AMOUNT OF LIEN CLAIMED

Total Contract Amount (including change orders): $[________________________________]

Total Payments Received to Date: $[________________________________]

Credits and Offsets Applied: $[________________________________]

Retainage Withheld: $[________________________________]

BALANCE DUE AND OWING — TOTAL LIEN AMOUNT CLAIMED: $[________________________________]


IX. PRE-LIEN NOTICE COMPLIANCE

A. Notice to Owner by Subcontractors / Suppliers (770 ILCS 60/21)

Subcontractors and material suppliers on private projects must serve written notice on the property owner within 90 days of their last date of furnishing labor or materials.

☐ Claimant is the Prime Contractor — no § 21 notice required
☐ Notice to Owner served under 770 ILCS 60/21
- Date of Notice: [__/__/____]
- Method of Service: ☐ Certified mail, return receipt requested ☐ Personal delivery ☐ Nationally recognized delivery service with tracking (per 2025 amendment to § 24)
- Proof of Service: ☐ Attached ☐ On file

☐ No notice served (Consult attorney — this may affect lien rights)

B. Notice on Owner-Occupied Single-Family Residence (770 ILCS 60/22)

If the project involves an owner-occupied single-family dwelling, subcontractors and suppliers must serve written notice on the homeowner within 60 days of first furnishing labor or materials.

☐ Property is NOT an owner-occupied single-family residence — § 22 notice not required
☐ § 22 Notice served on homeowner
- Date of Notice: [__/__/____]
- Method of Service: [________________________________]

☐ § 22 Notice was NOT served (Consult attorney — this will likely defeat lien rights on owner-occupied residential property)

C. Service Method Compliance (770 ILCS 60/24 — Amended Effective Jan. 1, 2025)

Under the 2025 amendment to 770 ILCS 60/24, notices may be served by:

☐ Certified mail, return receipt requested, restricted delivery
☐ Personal delivery
☐ Nationally recognized delivery company with tracking service (new method effective Jan. 1, 2025)


X. FILING DEADLINE COMPLIANCE

Claimant Type Recording Deadline Enforcement Deadline
All claimants — effective against subsequent purchasers Within 4 months after last date of work/materials Within 2 years after completion of work
All claimants — effective against original owner only Within 2 years after completion of work Within 2 years after completion of work

Claimant's Last Date of Work/Materials: [__/__/____]

4-Month Recording Deadline: [__/__/____]

Date of This Recording: [__/__/____]

☐ Claimant confirms this Claim is being recorded within the 4-month statutory deadline.


XI. VERIFICATION

I, [________________________________], being first duly sworn on oath, state that I am the Claimant named above (or the [________________________________] of the Claimant entity), that I have read the foregoing Claim for Mechanics Lien and know the contents thereof, and that the statements of fact contained therein are true and correct to the best of my knowledge, information, and belief.

Under 770 ILCS 60/7, the claim must be verified by the claimant or the claimant's agent or attorney.

Signature: ________________________________

Printed Name: [________________________________]

Title (if entity): [________________________________]

Date: [__/__/____]


XII. NOTARY ACKNOWLEDGMENT

State of Illinois
County of [________________________________]

Subscribed and sworn to before me this [____] day of [________________], 20[____], by [________________________________], who is personally known to me or who has produced [________________________________] as identification.

Notary Public Signature: ________________________________

Printed Name: [________________________________]

My Commission Expires: [__/__/____]

[NOTARY SEAL]


XIII. ENFORCEMENT DEADLINES

CRITICAL: Under 770 ILCS 60/34, an action to enforce this mechanics lien must be commenced within TWO (2) YEARS after completion of the work. This is a strict deadline and cannot be extended.

Action Deadline
Serve § 21 notice on Owner (subcontractors/suppliers) 90 days after last furnishing
Serve § 22 notice on homeowner (owner-occupied residence) 60 days after first furnishing
Record Claim for Lien with Recorder of Deeds 4 months after last furnishing (to be effective against third parties)
File suit to enforce lien 2 years after completion of work

XIV. LIEN RELEASE AND BONDING PROVISIONS

A. Release of Lien

Upon full payment of the amount claimed plus any accrued interest, costs, and attorney's fees, Claimant shall execute and record a Release of Lien with the Recorder of Deeds where this Claim was recorded.

B. Discharge by Bond

Under 770 ILCS 60/38, the property owner or any interested party may petition the court for an order allowing the filing of a bond to secure the lien claim. The bond must be in an amount of not less than one and one-half (1.5) times the amount of the lien. Upon the filing of an adequate bond, the lien on the real property is discharged and transferred to the bond.

C. Contractor's Sworn Statement

Under Illinois law, a contractor may be required to provide a sworn statement to the owner identifying all subcontractors and suppliers and the amounts due to each.


XV. PRIORITY OF LIEN

Under 770 ILCS 60/1, the mechanics lien attaches from the date of the contract or the commencement of work, whichever is earlier. The lien has priority over subsequently recorded encumbrances. However, certain prior recorded mortgages and encumbrances may take priority, subject to the specific provisions of the Act.


XVI. ADDITIONAL NOTICES AND DISCLOSURES

  1. Owner's Defense: The owner is not liable to subcontractors in an amount greater than the owner owes the prime contractor at the time notice is received (770 ILCS 60/21).
  2. Trust Fund Provision: Under 770 ILCS 60/21.02, all amounts paid to a contractor for improvements to real property constitute a trust fund held for the benefit of subcontractors and suppliers.
  3. Penalties for False Lien: Filing a false or fraudulent lien may subject the claimant to liability for actual damages, costs, and attorney's fees.
  4. Torrens Property: If the property is registered under the Torrens system, the lien must be filed with the Registrar of Titles rather than the Recorder of Deeds.

FILING INSTRUCTIONS

  1. Complete all sections of this Claim for Mechanics Lien
  2. Have the Claimant sign under oath before a Notary Public
  3. Record the original with the Recorder of Deeds (or Registrar of Titles) in the county where the property is located
  4. Serve copies on the property Owner and other required parties
  5. Retain copies for your records
  6. Calendar the 2-year enforcement deadline from completion of work
  7. Consult with an attorney regarding enforcement well in advance of the deadline

SOURCES AND REFERENCES

  • Illinois Mechanics Lien Act, 770 ILCS 60/1 et seq.
  • 770 ILCS 60/1 — Contractor's Lien
  • 770 ILCS 60/5 — Subcontractor's Lien
  • 770 ILCS 60/7 — Recording the Lien Claim
  • 770 ILCS 60/21 — Notice to Owner (Subcontractors)
  • 770 ILCS 60/22 — Notice on Owner-Occupied Residence
  • 770 ILCS 60/24 — Service of Notices (amended eff. Jan. 1, 2025 by HB 4660)
  • 770 ILCS 60/34 — Duration and Enforcement
  • 770 ILCS 60/38 — Discharge by Bond
  • Illinois General Assembly: https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2254
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Jurisdiction-Specific

This template is drafted specifically for Illinois, incorporating applicable state statutes, local court rules, and jurisdiction-specific compliance requirements.

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Last updated: April 2026