Selling a House With a Mechanic’s Lien in Illinois: What to Know

Who's writing this guide?

I’m Brad Esposito with Family Property Buyers in St. Charles. If a contractor or supplier has filed a lien on your house, here’s what the Illinois statute says in plain terms. I buy houses directly from owners, in any condition, including houses with liens and 2 to 4 unit buildings. You get a written cash offer within 24 hours of our first visit or meeting, and we close on your timeline.

Which question brought you here?

• Can I sell a house with a mechanic’s lien in Illinois?
• How do I check for a mechanic’s lien?
• How long does a contractor have to record a lien in Illinois?
• What is a demand to sue under the Mechanics Lien Act?
• How fast can I get an offer?

What is a mechanic’s lien?

It’s a claim against the property, not just against you, filed by a contractor, subcontractor or supplier who says they weren’t paid for work or materials. Because it’s recorded against the house, a title company will normally find it when you sell, and the buyer will expect it to be dealt with before or at closing.

How do I find out if there’s a lien on my house?

Liens are recorded with the county recorder where the house sits. In Will County you can search recorded documents through the Recorder’s search options; the DuPage County Recorder’s FAQ explains its records. A title search ordered for your sale will also list any recorded lien.

What does Illinois law say about timing?

Section 7 of the Act (770 ILCS 60/7) says a contractor’s lien isn’t valid against a purchaser or creditor unless the claim is recorded within 4 months after the work is completed. Against the owner, the claim can be recorded within 2 years after completion. Whether those limits apply to a specific lien depends on facts like the completion date, which is a question for an attorney.

What is a written demand to sue?

Section 34 (770 ILCS 60/34) lets the owner or another interested party serve a written demand on the lien claimant. The statute says the claimant then has 30 days to start a lawsuit to enforce the lien, or the lien is forfeited. Talk to an Illinois attorney about whether this applies to your situation.

What happens when a lien is paid?

Section 35 (770 ILCS 60/35) says that when a lien is paid, or forfeited after a demand, the claimant must sign a release on written demand. The release can then be filed with the same county recorder where the lien was recorded. At a sale, the title company often pays the lien from the proceeds and records the release.

Can I still sell to you if the lien is disputed?

Yes. We can buy a house with a recorded lien. We explain every cost up front, before you sign anything, including how any lien payoff shows up on the closing statement. How a disputed lien gets resolved is a legal question, so your attorney should handle that part.

Should I sell to you or list with an agent?

Here’s an honest comparison:

• Listing usually wins when the house is in good shape, you have time, and you want the highest possible price.
• Selling to us may fit when the house needs work you don’t want to do, you’re behind on payments, or you need a set closing date.
• Costs. Selling directly to us means you don’t list with an agent, and we can often cover closing costs. We explain every cost up front, before you sign anything.

If listing is the better choice for your house, I’ll tell you.

What if selling is the cleaner path?

You don’t have to fix anything first.

We buy as-is: no showings, no repairs needed. Selling directly to us means you don’t list with an agent.

We can often cover closing costs. We explain every cost up front, before you sign anything.

What happens if you reach out to us?

1. Tell me about the house. Use the form, call or text (331) 422-3828, or email [email protected].
2. We look at the house together, in person or by phone.
3. You get a written cash offer within 24 hours of our first visit or meeting. There’s no obligation. Show it to your attorney or family before you decide.
4. If you say yes, we close on your timeline.

Who would you be working with?

Family Property Buyers is based in St. Charles. If you want the step-by-step version first, read how it works.

Call or text (331) 422-3828 · [email protected] · 200 W River Dr, St. Charles, IL 60174

What else might help?

• Family Property Buyers home
• How it works
• Seller FAQ
• Areas we serve
• How to check out a cash home buyer
• Selling a house as-is: Illinois disclosures
• Inherited house with liens in Kane County
• We buy houses across DuPage County
• We buy houses across Will County
• DuPage County houses that need major repairs