Mechanics Lien Filing Package — Illinois

Mechanics Lien Filing Package (Illinois)

Quick-Reference Summary

Part A — Pre-Lien Notice (Preliminary Notice / NOI)

A.1 — 60-Day Notice to Owner-Occupant (Single-Family Residence Only) — 770 ILCS 60/5

STATE OF ILLINOIS
COUNTY OF [____________________]

NOTICE TO OWNER OF SUBCONTRACTOR'S OR SUPPLIER'S LIEN RIGHTS

TO: [OWNER NAME(S)]
[OWNER STREET ADDRESS]
[CITY], Illinois [ZIP]

You are hereby notified that the undersigned, [CLAIMANT LEGAL NAME] ("Claimant"), is providing labor, services, equipment, and/or materials for an improvement to the real property located at [PROPERTY STREET ADDRESS, CITY, IL ZIP], commonly known as [COMMON DESCRIPTION], and legally described as:

[LEGAL DESCRIPTION — attach Exhibit A if lengthy]
PIN: [PARCEL IDENTIFICATION NUMBER]

Claimant was retained by [HIRING PARTY NAME] (the general contractor / subcontractor) on or about [DATE], and first furnished labor or materials to the Property on [FIRST FURNISHING DATE].

The general nature of the labor or materials furnished is: [DESCRIPTION].

WARNING: Under the Illinois Mechanics Lien Act (770 ILCS 60/), if a subcontractor or supplier is not paid by the contractor, that subcontractor or supplier may file a lien against your property. You may be required to pay the subcontractor or supplier even if you have already paid the contractor in full. To protect yourself, you may wish to (i) require sworn statements identifying every subcontractor and supplier, (ii) obtain lien waivers before making each payment, and (iii) issue joint checks payable to the contractor and the subcontractor or supplier.

Dated: [__/__/____]

[CLAIMANT LEGAL NAME]
By: [SIGNATURE]
Name: [PRINT NAME]
Title: [TITLE]
Address: [CLAIMANT ADDRESS]
Telephone: [____________]

SERVICE: Served on Owner by ☐ personal delivery ☐ certified mail, return receipt requested, restricted delivery ☐ nationally recognized delivery service with tracking on [__/__/____].

A.2 — 90-Day Subcontractor's Sworn Notice of Lien — 770 ILCS 60/24

STATE OF ILLINOIS
COUNTY OF [____________________]

SUBCONTRACTOR'S NOTICE AND CLAIM FOR LIEN

TO:

• [OWNER NAME], Owner — [OWNER ADDRESS]
• [LENDER / MORTGAGEE NAME], Lender — [LENDER ADDRESS]
• [GENERAL CONTRACTOR NAME], Contractor — [GC ADDRESS]
• [UPPER-TIER SUBCONTRACTOR NAME(S), if any] — [ADDRESS]

You are hereby notified that on [FIRST FURNISHING DATE], the undersigned [CLAIMANT LEGAL NAME] ("Claimant") began furnishing labor, services, equipment, and/or materials under a contract with [HIRING PARTY] for the improvement of the real property described below, and that Claimant last furnished labor or materials on [LAST FURNISHING DATE].

Property: [PROPERTY STREET ADDRESS, CITY, IL ZIP]
Legal description: [LEGAL DESCRIPTION]
PIN: [PARCEL IDENTIFICATION NUMBER]
Owner of record: [OWNER NAME]

The contract amount, including extras and credits, is $[CONTRACT AMOUNT]. Claimant has been paid $[AMOUNT PAID]. After all just credits and offsets, there remains due and unpaid the sum of $[AMOUNT CLAIMED], together with statutory interest at 10% per annum from [DATE AMOUNT BECAME DUE] under 770 ILCS 60/1.

Claimant claims a lien upon said real estate and improvements in the amount of $[AMOUNT CLAIMED].

VERIFICATION

I, [AFFIANT NAME], being first duly sworn on oath, depose and state that I am [TITLE] of Claimant, that I am authorized to make this verification, and that the statements set forth in this Notice and Claim for Lien are true and correct to the best of my knowledge and belief.

_________________________
[AFFIANT NAME], [TITLE]

Subscribed and sworn to before me this [__] day of [____________], [____].

_________________________
Notary Public, State of Illinois
My commission expires: [__/__/____]

PROOF OF SERVICE

The undersigned served this Subcontractor's Notice and Claim for Lien upon each addressee identified above on [__/__/____] by:

☐ Personal delivery
☐ Certified mail, return receipt requested, restricted delivery
☐ Nationally recognized delivery company with tracking service (per 770 ILCS 60/24, as amended by P.A. 103-952, eff. 1-1-2025)

_________________________
[NAME OF SERVER]

Part B — Claim of Mechanics Lien

STATE OF ILLINOIS
COUNTY OF [____________________]

VERIFIED CLAIM FOR MECHANICS LIEN
(Pursuant to 770 ILCS 60/7)

1. Claimant. [CLAIMANT LEGAL NAME], a [ENTITY TYPE] with its principal place of business at [CLAIMANT ADDRESS] ("Claimant"), claims a mechanics lien against the real property described below.

2. Owner. Claimant is informed and believes that the owner of record of the Property is [OWNER NAME], whose address is [OWNER ADDRESS].

3. Hiring Party. Claimant entered into a contract with [HIRING PARTY NAME] (the ☐ Owner ☐ General Contractor ☐ Subcontractor) on or about [CONTRACT DATE].

4. Property. The Property is located in [____________] County, Illinois, and is commonly known as [PROPERTY STREET ADDRESS, CITY, IL ZIP]. The legal description is:

[LEGAL DESCRIPTION — attach Exhibit A if lengthy]
PIN: [PARCEL IDENTIFICATION NUMBER]

5. Improvement. Claimant furnished the following labor, services, equipment, fixtures, and/or materials for the improvement of the Property: [DESCRIPTION OF WORK / MATERIALS].

6. Dates of Furnishing. Claimant first furnished labor or materials on [FIRST FURNISHING DATE] and last furnished labor or materials on [LAST FURNISHING DATE]. The work has been completed (or, as applicable, has been substantially completed and the remaining work is excused under the Act).

7. Amount. The total contract price, including approved extras and change orders, is $[CONTRACT AMOUNT]. Claimant has been paid $[AMOUNT PAID]. After all just credits and offsets, the amount due, unpaid, and owing is $[AMOUNT CLAIMED], plus interest at 10% per annum from [DATE AMOUNT BECAME DUE] (770 ILCS 60/1).

8. Claim of Lien. Claimant hereby claims a mechanics lien upon the Property and all improvements thereon, and upon the monies or other consideration due or to become due from the Owner under any contract for the improvement, in the principal amount of $[AMOUNT CLAIMED].

9. Pre-lien Notices. If applicable:
☐ The 60-day notice required by 770 ILCS 60/5 was served on the owner-occupant on [__/__/____].
☐ The 90-day Subcontractor's Notice required by 770 ILCS 60/24 was served on [__/__/____].
☐ Not applicable — Claimant is a contractor in direct privity with the Owner.

VERIFICATION

I, [AFFIANT NAME], being first duly sworn on oath, state that I am [TITLE] of Claimant, that I am authorized to verify this Claim, that I have read the foregoing Verified Claim for Mechanics Lien, and that the facts stated therein are true and correct to the best of my knowledge and belief.

_________________________
[AFFIANT NAME], [TITLE]

Subscribed and sworn to before me this [__] day of [____________], [____].

_________________________
Notary Public, State of Illinois
My commission expires: [__/__/____]

[SEAL]

Part C — Notice of Filing Lien Claim to Owner

[CLAIMANT LETTERHEAD]

Date: [__/__/____]

VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED, RESTRICTED DELIVERY
(and via nationally recognized tracked delivery, in the alternative)

To:
[OWNER NAME]
[OWNER ADDRESS]

cc:
[LENDER / MORTGAGEE NAME AND ADDRESS]
[GENERAL CONTRACTOR NAME AND ADDRESS]
[UPPER-TIER SUBCONTRACTOR NAME AND ADDRESS, if any]

Re: Notice of Recording of Verified Claim for Mechanics Lien
Property: [PROPERTY STREET ADDRESS, CITY, IL ZIP]
PIN: [PIN]

Dear [OWNER NAME]:

Please take notice that on [__/__/____], the undersigned, [CLAIMANT LEGAL NAME] ("Claimant"), recorded a Verified Claim for Mechanics Lien against the above-referenced property with the [____________] County Recorder of Deeds as Document No. [____________]. A true and correct copy is enclosed.

The lien is in the principal amount of $[AMOUNT CLAIMED], plus interest at 10% per annum from [DATE AMOUNT BECAME DUE], pursuant to the Illinois Mechanics Lien Act, 770 ILCS 60/1 et seq.

Claimant remains willing to discuss prompt payment and release of this lien. Please direct all communications to the undersigned. If payment is not received, Claimant intends to file suit to foreclose the lien within the two-year period required by 770 ILCS 60/9.

This Notice is given for purposes of, and without limitation of, 770 ILCS 60/5 (10-day post-recording notice to owner-occupants of single-family residences, where applicable) and 770 ILCS 60/24 (service of recorded claim).

Very truly yours,

[CLAIMANT LEGAL NAME]
By: [SIGNATURE]
Name: [PRINT NAME]
Title: [TITLE]

Enclosure: Recorded Verified Claim for Mechanics Lien

Part D — Suit to Foreclose

IN THE CIRCUIT COURT OF THE [____________] JUDICIAL CIRCUIT
[____________] COUNTY, ILLINOIS
[CHANCERY / LAW] DIVISION

Case No.: [____________]

COMPLAINT TO FORECLOSE MECHANICS LIEN

NOW COMES Plaintiff, [CLAIMANT LEGAL NAME], by its attorneys, [LAW FIRM NAME], and for its Complaint to Foreclose Mechanics Lien against Defendants, states as follows:

JURISDICTION AND VENUE

1. This Court has jurisdiction under 770 ILCS 60/9 and 735 ILCS 5/2-209. Venue is proper in this county because the real property that is the subject of this action is located within [____________] County, Illinois.

PARTIES

2. Plaintiff is a [ENTITY TYPE] with its principal place of business at [CLAIMANT ADDRESS].
3. Defendant [OWNER NAME] is the record owner of the Property at all relevant times.
4. Defendant [LENDER] holds or claims a mortgage interest recorded as Document No. [____].
5. Defendant [GENERAL CONTRACTOR] was the general contractor on the Project.
6. The remaining Defendants are joined as necessary parties under 770 ILCS 60/11 because they hold, or may hold, an interest in the Property of record or by reason of their participation in the chain of contract.

THE PROPERTY

7. The Property is located at [PROPERTY STREET ADDRESS, CITY, IL ZIP], PIN [____________], and is legally described in Exhibit A attached hereto.

THE CONTRACT AND THE WORK

8. On or about [CONTRACT DATE], Plaintiff entered into a contract with [HIRING PARTY] for the performance of [SCOPE OF WORK] at the Property, for a total price of $[CONTRACT AMOUNT], as supplemented by approved change orders attached as Exhibit B.
9. Plaintiff fully performed all material terms of the contract, except as excused, modified, or made impossible by Defendants.
10. Plaintiff first furnished labor or materials on [FIRST FURNISHING DATE] and last furnished labor or materials on [LAST FURNISHING DATE].
11. After all just credits and offsets, there remains due, unpaid, and owing to Plaintiff the sum of $[AMOUNT CLAIMED], plus statutory interest at 10% per annum from [DATE AMOUNT BECAME DUE].

PERFECTION OF LIEN

12. Plaintiff served the notices required by 770 ILCS 60/[5/24], as applicable, within the statutory periods. (Exhibit C — service proofs.)
13. On [RECORDING DATE], within four months of last furnishing, Plaintiff recorded a Verified Claim for Mechanics Lien with the [____________] County Recorder of Deeds as Document No. [____________]. (Exhibit D — recorded claim.)
14. This action is commenced within two years of the last day of Plaintiff's work, as required by 770 ILCS 60/9.

COUNT I — FORECLOSURE OF MECHANICS LIEN

15. Plaintiff reincorporates Paragraphs 1–14.
16. Plaintiff has a valid and subsisting mechanics lien against the Property in the amount of $[AMOUNT CLAIMED], plus statutory interest, costs, and reasonable attorneys' fees as permitted by law.

COUNT II — BREACH OF CONTRACT (IN THE ALTERNATIVE)

17. Plaintiff reincorporates Paragraphs 1–11.
18. [HIRING PARTY] breached the contract by failing to pay amounts due thereunder, causing Plaintiff damages of not less than $[AMOUNT CLAIMED].

PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully requests that this Court:

A. Find that Plaintiff holds a valid mechanics lien against the Property in the amount of $[AMOUNT CLAIMED], plus interest, costs, and fees;
B. Determine the priority of all liens and encumbrances against the Property;
C. Order the Property sold and the proceeds applied to Plaintiff's lien in accordance with the determined priority;
D. Enter judgment against [HIRING PARTY] for any deficiency;
E. Award such other and further relief as is just and equitable.

Dated: [__/__/____]

Respectfully submitted,

[LAW FIRM NAME]
By: _________________________
[ATTORNEY NAME], ARDC No. [____]
Attorneys for Plaintiff
[FIRM ADDRESS]
[PHONE] | [EMAIL]

Exhibits: A — Legal description; B — Contract and change orders; C — Proofs of service of pre-lien notices; D — Recorded Verified Claim for Mechanics Lien.

Part E — Pre-Filing Checklist

Contract and Scope

☐ Written contract or contemporaneous documentary evidence (emails, signed change orders, sworn statements) is in the file.
☐ Approved change orders are signed by the party with authority to bind the payor.
☐ No advance/unconditional waiver was signed that would extinguish lien rights (770 ILCS 60/1(d)).

Dates and Deadlines

☐ Last day of contract work (NOT warranty work — Cyclonaire, 378 Ill. App. 3d 554) confirmed and documented.
☐ 60-day notice served on owner-occupant (if applicable) — within 60 days of FIRST furnishing.
☐ 90-day Section 24 notice served on owner, lender, GC, and upper-tier subs — within 90 days of LAST furnishing.
☐ Verified Claim for Lien recorded with County Recorder within 4 months of LAST furnishing.
☐ Copy of recorded claim served on owner, lender, GC, and upper-tier subs.
☐ Suit-to-foreclose calendared no later than 2 years from LAST furnishing.
☐ If an owner has served a 30-day demand under § 34, suit is calendared within that 30-day window.

Form and Content

☐ Claim identifies Owner of record (current title search obtained).
☐ Claim identifies Property by street address, PIN, AND legal description.
☐ Claim states first and last furnishing dates.
☐ Claim states contract price, payments received, and amount due after credits and offsets.
☐ Claim is verified before a notary public.
☐ Interest claimed at 10% per annum from due date (770 ILCS 60/1).

Service

☐ Service made by personal delivery, certified mail RRR with restricted delivery, OR nationally recognized tracked delivery (770 ILCS 60/24, as amended by P.A. 103-952).
☐ Proofs of service (signed receipts, tracking confirmations) retained.

Parties for Foreclosure (770 ILCS 60/11)

☐ All parties in chain of title joined (owner, mortgagees, recorded easement holders, judgment lienors).
☐ All parties in chain of contract joined (GC, upper-tier subs).
☐ "Unknown Owners and Non-Record Claimants" included.

Public Project Check

☐ Confirmed Property is NOT publicly owned. If public, use 770 ILCS 60/23 lien-on-public-funds and/or Bond Act claim procedures — NOT this package.

Sources and References

• Illinois Mechanics Lien Act, 770 ILCS 60/0.01 et seq. — https://www.ilga.gov/Legislation/ILCS/Articles?ActID=2254&ChapterID=63&Print=True
• 770 ILCS 60/5 (60-day notice to owner-occupant) — https://www.ilga.gov/Legislation/ILCS/Articles?ActID=2254&ChapterID=63
• 770 ILCS 60/7 (Recording deadline and content of claim) — https://www.ilga.gov/Legislation/ILCS/Articles?ActID=2254&ChapterID=63
• 770 ILCS 60/9 (Two-year suit deadline) — https://www.ilga.gov/Legislation/ILCS/Articles?ActID=2254&ChapterID=63
• 770 ILCS 60/24 (Subcontractor's 90-day notice) — https://www.ilga.gov/Legislation/ILCS/Articles?ActID=2254&ChapterID=63
• 770 ILCS 60/34 (Owner's 30-day demand) — https://www.ilga.gov/Legislation/ILCS/Articles?ActID=2254&ChapterID=63
• Cyclonaire Corp. v. ISG Riverdale, Inc., 378 Ill. App. 3d 554 (2007) (warranty work does not extend 90-day clock)
• Garbe Iron Works, Inc. v. Priester, 99 Ill. 2d 84 (1983) (two-year deadline is part of the lien right itself)
• Public Act 103-952 (eff. Jan. 1, 2025) — adding tracked-delivery service option under § 24