Full question:
If we release a lien on a property, can we later put a lien on it again if needed?
- Category: Contractors
- Subcategory: Construction Liens
- Date:
- State: Illinois
Answer:
The ability to refile a lien after releasing it depends on several factors, including whether the release was recorded. If the release is recorded, it generally bars any further action on that lien. If the release was not recorded, it may be possible to void it in court, but this would depend on the circumstances, such as if fraud or duress was involved.
In Illinois, a mechanic's lien must be filed within four months of completing the overall project. This timeframe does not extend for warranty or minor work. After filing a lien, the party has thirty days to enforce it after a written demand; otherwise, the lien is forfeited. If the lien release is recorded, it permanently discharges the lien and prevents any further action on it.
For more specific guidance, it's advisable to consult a local attorney who can review the details of your situation.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.