Section Newsletter Articles on Mechanics Liens
Contractor barred from re-recording mechanics lien
, February 2015
In Oxford 127 Huron Hotel Venture, LLC v. CMC Organization, LLC, the First District Appellate Court held that a general contractor who recorded mechanics lien releases had forever given up its claims for any mechanics liens claims on the project.
Section 34 of the Illinois Mechanics Lien Act
, June 2014
The Mechanics Lien Act is strictly construed. It can be a trap for the unwary. Extra care should be taken in serving Section 34 notices and in responding to them.
New legislation gives mechanics lien claimants priority
, June 2013
On February 11, 2013 the Illinois Legislature passed an amendment to the Mechanics Lien Act that reverses the effect of LaSalle National Bank vs. Cypress Creek 1, LP decided by the Illinois Supreme Court in 2011.
Up Cypress Creek: Mechanics liens get an inferiority complex
Commercial Banking, Collections, and Bankruptcy
, February 2012
In a troubled economy, falling property values, undersecured construction lending and bad decisions by others can render mechanics liens losing propositions before the contractor even sets foot on the site.
Equitable subrogation—Mechanics’ Lien Priority
Real Estate Law
, August 2006
Recently, in Lamb Excavation, Inc. v. Chase Manhattan Mortgage Corporation, the Arizona Court of Appeals decided that a refinancing lender may successfully assert the doctrine of equitable subrogation over the claims of mechanics’ lien claimants to obtain lien priority over the lien claimants.
Mechanics Liens and lienable acts
Local Government Law
, January 2003
Luise, Inc v. The Village of Skokie, et. al. and Berkeley Trucking v. The Village of Skokie, et. al. are cases that went to the Fifth Division Court of Appeals on a consolidated appeal earlier this year.