Court properly granted Defendant's motion to dismiss Plaintiff's mechanics lien claim and ordered Plaintiff to release its lien pursuant to section 35 of Mechanics Lien Act. Defendant's mortgage lender and bank which had a security interest in leases and rents from property were necessary parties under section 11 of the Act. Both had recorded their interests before Plaintiff filed its complaint. Plaintiff failed to add these necessary parties as defendants within 30 days of Defendant's demand to enforce the lien resulted in forfeiture of its lien. The 30-day time limit, in section 34 of the Act, applies where a property owner issues a written demand to enforce the lien, and is the applicable time period rather than the 2-year time limit of section 9 of the Act. (CONNORS and ODEN JOHNSON, concurring.)
Illinois Appellate Court
Criminal Court
Mechanics Lien Act