Construction and Mechanics' Liens

Whenever you find out that one of the following fact situations applies to a transaction where you are preparing a commitment for a loan policy, then raise the New Construction Exception.

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NOTE: For in-depth information on this topic, attend our online seminar October 18, 2012, and earn 1.5 hours of CLE:...

Summary: Incorrect completion dates in mechanics' lien claim did not materially affect defendant's right to notice under the mechanics' lien statute and the liens were facially...

Public Act 97-1165 (HB 3636); Effective Date: February 11, 2013

Statutes Amended: 760 ILCS 60/16, 760 ILCS 60/34.

On February 11, 2013, the Governor signed into law amendments to the...

Substitution of a Bond for a Mechanics Lien

 

Effective Date: January 1, 2016...

 

SURVEY COVERAGE ON CONSTRUCTION PROPERTY

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Summary: Claimant’s name on mechanic’s pre-lien notice and the lien notice need not match identically; idem sonans is permitted. Notice will be sufficient if it...

 

It is not always appropriate to waive Special Exceptions 2 (a) and (b) on the commitment for title insurance. This article addresses not waiving 2 (a) and (b) when there has been work...

Summary: A previously recorded mortgage lien on land has priority over a mechanics' lien claim. However, mechanics' lien claimant can recover by removing the improvements to the...

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