What is a Lien in Illinois?
An Illinois lien is a creditor's notice of interest in or a claim to a borrower's asset. When a creditor puts a lien on a borrower's asset, the asset becomes collateral for the debt. The creditor may take over or claim the debtor's assets until the debtor can repay the loan or meet up with the previously-agreed financial obligation. Alternatively, the creditor may liquidate the asset to make up for the debt. Liens affect property and assets by rendering them untransferable. Liens in Illinois apply to the debtor's assets and not the debtor as a person; therefore, debtors may not be able to transfer or sell assets with liens.
The issuance and enforcement of liens are regulated by Illinois courts in the state. Pursuant to state provisions, liens may be general or specific. A general lien applies to all of a borrower's assets. A creditor may lay claim to as many assets as is necessary to repay the debt. A specific lien applies only to a specific asset; a creditor may only lay claim to the asset for debt repayment. Creditors can place liens on debtors' assets for outstanding taxes, mortgage payments, damages from a lawsuit, UCC liens, and mechanic liens.
Are Liens Public in Illinois?
Yes, in Illinois, liens are public records and can be accessed through the local property recorder's office. They are also available to search online through various third-party aggregate sites. However, while liens may be accessible publicly, any personal or sensitive information related to them is protected by privacy laws and will not be revealed.
Types of Lien in Illinois
Different types of liens exist across the financial landscape in Illinois. Examples are mechanic liens, property liens, tax liens, mortgages, child support liens, and judgment liens. However, liens are broadly categorized into voluntary and involuntary liens. Liens are also classified as general and specific.
General liens typically apply to all of a debtor's property, including real and personal property. On the other hand, specific liens apply to a specific property. With a general lien, the creditor or lender may seize any of the debtor's properties to settle the debt or financial obligation. When a specific lien attaches to a lienee or debtor's property, the creditor may only take possession of the property to which the lien is attached.
Voluntary, sometimes called contractual liens, require the lienee's consent. An excellent example of a voluntary lien is a mortgage. By accepting the creditor or lender's terms, the lienee agrees to a mortgage lien should they default on payment. An involuntary lien is attached to the lienee's property without the person's consent. Judgment liens are typically involuntary as they are attached by court order. Apart from mortgages, liens placed on financed cars are also voluntary and specific. In this case, they attach to a specific property, the car, and the lienee agrees to put up the car as collateral for the loan. The lender may repossess the car if the lienee fails to make payment when due.
How Do I Check for Liens in Illinois?
In Illinois, liens are public records. This means that any member of the public may request information about liens from the appropriate record custodian. Interested parties may visit the office of the County Recorder in the county where the property exists to find out if the property has a lien. The County Recorder may charge fees to produce copies of public records. It is important for requesting parties to note that county recorders can neither offer legal advice nor verify legal claims made in documents.
Some Illinois counties offer online databases or repositories where interested parties may search for property liens. Examples of such repositories are the Cook County Search Portal and the Lake County e-search website. Persons interested in searching these websites for liens may use the 14-digit pin attached to the property to search their chain of titles for any existing liens. Users may be required to subscribe to access or download copies of lien records on these websites.
Free Lien Search in Illinois
Persons interested in searching liens for free in Illinois may visit the government agency that generates or maintains the liens the person is interested in. Alternatively, interested parties may visit the County Recorder's office in the county where the property is located. County Recorder's offices serve as central repositories for liens. Interested parties may access available records at no cost since liens are public records. Requesting parties may search for liens using the following criteria:
- The lienee's name
- Document number
- Property address or location
- Subdivision
- PIN
- Date range
- Range, township, or section
What is a Property Lien in Illinois?
A property lien is a security interest in a creditor's legal claim to a debtor's property. A creditor may put a lien on a debtor's property to reclaim a debt. In this case, the property becomes collateral for the debt, and the creditor may reclaim the debt with proceeds from the property sale. Illinois allows creditors to file liens against homestead property or the house where a debtor currently resides and its non-homestead property. Property liens most commonly result from mortgages. Other types of property liens include mechanics lien, property tax lien, child support lien, and IRS lien. The state may place an administrative lien on a property belonging to a person with outstanding child support payments or deliberately refuses to pay child support. The lien will be lifted once the debtor pays the outstanding amount in full. It is worth noting that Illinois laws exempt some property from repossession due to debt or bankruptcy. Creditors may not sell the exempt property to recover a debt.
How Do You Know if a Property Has a Lien in Illinois?
If the party interested in finding out whether a property has a lien is the property owner or lienee, then such a person may already be aware of the lien's existence, especially if it is voluntary. If the lien is involuntary, or the requesting party is not the property owner or lienee, there are other means to find out about existing liens on a property.
One of the ways to find out if a property has a lien in Illinois is to contact the government agency responsible for generating or maintaining lien records in the state. For example, persons interested in finding out if a property has a tax lien filed against it by the Illinois Department of Revenue or Department of Employment Security may visit the Tax Lien Registry website. Requesting parties may search by Lien ID, Lien address, date, or status. Interested parties may also search using individual names and social security numbers or business names.
Generally, the central repository for lien records is the County Recorder's office. Interested parties may contact the County Recorder in the county where the property exists to find out if there are any liens against the property. Misfiled or fraudulent claims can affect the ability to refinance, sell, or pass on property. Therefore, it is imperative to check a property of interest for any liens even if the deed or title was lien-free at purchase. Some counties offer fraud alert notifications. Users who sign up receive email or SMS alerts whenever any document is recorded against their property.
Property Lien Search by Address in Illinois
Individuals interested in purchasing a piece of property often conduct a property lien search to check for existing claims on the property. Property liens are considered public records under the Illinois Freedom of Information Act. Thus, individuals can conduct a property lien search by address in Illinois by visiting or contacting the office of the county clerk/recorder where the property is located. They may also use a web search tool provided by the applicable county clerk's office to search for liens by a property's address.
However, some county recorder's offices in Illinois do not provide an "address search" option to find property liens perfected in their jurisdictions. In such cases, the office will offer other search options, such as a property owner's name or document number, to interested persons.
Individuals requiring a property lien search by address may also use third-party sites (this may carry a charge).
Free Property Lien Search by Address
Because property liens are classified as public records in Illinois, individuals do not have to pay to view lien records maintained at county clerk/recorder offices. For example, a person who wants to perform a free property lien search by address in McHenry County can access the clerk's free web search to find liens on property located in the county. Similarly, someone who wants to check for liens by address in Cook County or Kane County can access the clerk's property records search or Land Records Search (LRS), respectively, and so on.
Typically, requesters are charged a fee only when they require copies of records.
What is a Tax Lien in Illinois?
If a person owes federal or state taxes, the IRS or the state may file a lien against the debtor's assets. While the IRS enforces federal tax payments, the Illinois Department of Revenue (IDOR) enforces state tax payments. According to Illinois State Tax Registration Act, a tax lien against a debtor's property or assets within the state may continue for up to 20 years, except the debtor pays the outstanding amount.
When an Illinois property owner fails to meet up with property tax payments, the creditor, which is the county where the debtor lives, may put a lien on the debtor's property and sell the tax lien to a tax buyer. The lien will appear on the property title. If the debtor does not redeem outstanding taxes within the redemption period, which is no longer than 30 months after the tax lien sale, the tax buyer may claim full ownership of the property title.
Tax Lien Lookup in Illinois
Citizens can access the state tax lien registry to look up state tax liens filed by the Illinois Department of Revenue (IDOR) or Department of Employment Security on a taxpayer's real property and personal property. To find federal tax liens filed in Illinois, an individual should visit, contact, or access the web search tool of the recorder's office in the county where a property is situated or the taxpayer resides/works.
What is a Mortgage Lien in Illinois?
A mortgage lien grants a mortgagee a financial claim to the mortgagor's property. When a homeowner takes out a loan to finance its purchase, the homeowner voluntarily agrees to the mortgage lien. Unlike other types of liens, a mortgage allows people to own homes and pay over a period. However, if a homeowner fails to meet up with mortgage payments, the mortgagee may claim the property and foreclose on it to make up for the outstanding payment.
What is a Mechanics Lien in Illinois?
As provided by Illinois Mechanics Lien Act, laborers and construction businesses have the right to a mechanic's lien whenever they do not get paid for construction or repair services. Mechanic's liens are involuntary and statutory; therefore, a contractor or laborer must file the lien no longer than four (4) months after completing a construction or repair service. In Illinois, mechanic's liens must also be enforced within two (2) years. Mechanic liens differ from regular property lien in that a creditor, which in this case would be a contractor or laborer, may file a mechanic lien based on a rendered service.
What is a UCC Lien?
A Uniform Commercial Code (UCC) lien is useful for recovering borrowed funds; it allows a creditor to lay a legal claim against a debtor's property or assets to recover a debt. According to the Illinois Uniform Commercial Code, UCC liens are effective for up to 30 years. Illinois makes UCC filings publicly available on the UCC search website. UCC laws are uniform across state lines and in every state. In property construction, material supplies often file UCC liens to recover outstanding payments.
How to Conduct a UCC Lien Search
Persons looking to conduct a UCC lien search in Illinois can utilize the Illinois Secretary of State's UCC Search tool. The SOS offers this service for free, 24 hours a day. One can obtain information from the system with a debtor's name or the lien's filing number.
Additionally, an individual may also search for UCC liens attached to real property at the local recorder's office in the region where a property lies. For instance, the Kane County Recorder's Office provides a UCC search tool to the public.
What is a Judgment Lien?
When the court awards damages in a civil case, the defendant may refuse to pay. In this case, the court's judgment may result in a lien on the defendant's property. The plaintiff may sell the liened property to recover the outstanding payment. It is essential to know that, as provided by the Illinois Homestead Exemptions, a homeowner may exempt no more than $15000 in home equity. The debtor must hold the homestead title to qualify for a homestead exemption. In Illinois, judgment liens expire after seven (7) years. It is possible to renew Illinois judgment liens for a total of 21 years.
What is a Federal Tax Lien
A federal tax lien is a charge placed by the government on an individual's property. The lien becomes effective after the Internal Revenue Service (IRS) evaluates a taxpayer's liability and sends a bill or notice of the debt to the person or business. If the taxpayer fails to pay the assessed tax debt by the stated deadline, the IRS attaches a lien to all real and personal properties the tax debtor owns.
A federal tax lien may impose certain restrictions on an individual's property and assets. For example, one may not easily sell a property with the lien attached. Also, the lien may limit a person's ability to get credit.
Usually, a federal tax lien is removed when the tax debtor pays the owed tax. However, individuals eligible for an official tax debt appeal may request an appeal conference or hearing.
What is a Lien Title?
A lien title stipulates a lienholder's right to a piece of property to guarantee the satisfaction of a debt. Lien titles are common with automobile transactions. When a person purchases a car with a loan, the creditor retains rights to the vehicle until the buyer (or borrower) pays off the loan. Until that happens, the buyer does not have complete ownership of the property, and the lienholder can repossess the vehicle if the buyer defaults in payment.
Where and How to Do a Title Search in Illinois
Buyers and investors of real estate often conduct a title search to find out the real owner of a property or determine the claims against it before making a financial commitment. This helps them ensure that they are dealing with the rightful owner and not a fraud and that the property has no significant defects. A title search looks into a property's chain of title (previous ownership), existing and lapsed liens, judgments, mortgages, unpaid property taxes, easements, and more.
Because of how extensive a title search should be to guarantee a smart real estate investment, individuals often opt to hire a real estate professional (e.g., an attorney or agent) or title company to conduct the investigation. However, those who want to search personally can query the county recorder or assessor's office. They may also examine court and tax records for any judgments or unpaid taxes that may result in a lien.
Voluntary Lien vs. Involuntary Lien in Illinois?
A voluntary lien is a result of the debtor's deliberate actions. For example, homeowners take on a voluntary lien when such persons take mortgages. On the other hand, an involuntary lien is when the creditor files against the debtor without the debtor's agreement. Tax liens are involuntary. Other examples of involuntary liens include judgment liens, mechanics liens, HOA liens, and Child Support Payments.
How Creditors Collect Payment Through a Lien
Liens allow creditors or lenders to enforce payment by seizing or foreclosing the liened property. If a lienee fails to make payment when due or meet up with other contractual or financial obligations, the lender may sell the liened property and recover the debt from the sales proceeds. A creditor may also take other legal steps, including garnishment to collect payment.
How Do I Get a Lien Removed in Illinois?
The only way to remove a lien is to make a payment or to meet other agreed obligations. Even after the statute of limitations expires, the lienee is still indebted to the lender, even though the lender may no longer be able to enforce the lien. Also, a lender may renew a lien before it expires, thus ensuring their ability to enforce or collect the lien. To remove a lien completely, the lienee must pay the agreed amount or agree to a payment plan with the lender.
The lienee may also negotiate reduced payment with the lender. The most important thing to note is that a lien cannot be removed until the lender files a Satisfaction of Judgment or lien clearance letter, indicating that the lienee has met agreed conditions. Alternatively, if a lienee can prove in court that the lien is invalid or unenforceable, the court may discharge the lien.
How Long Does a Lien Stay on Your Property in Illinois?
Generally, the length of time a lien stays on a property in Illinois depends on the type of lien. In Illinois, judgment liens and other involuntary liens are enforceable for 20 years. However, a lien can become inactive within 20 years. Lienholders must revive liens every seven (7) years to remain enforceable. However, a mechanic lien must be filed within four (4) months to two (2) years of completing the work. According to 735 ILCS 5.§ 13-116, if a mortgage does not contain a clearly stated due date, the statute of limitations is 30 years from the date the lien was recorded.
How to Avoid a Lien in Illinois
A motion to avoid a judicial lien is typically filed in bankruptcy court to remove an involuntary lien judgment from the bankrupt party's property after the party has completed bankruptcy. If the court approves the motion, the creditor will no longer have a legal interest in the lienee's property. The criteria for avoiding liens differ according to applicable bankruptcy procedures.
Generally, to avoid a lien, it must:
- Be judicial
- Not result from alimony or child support
- Threaten the lienee's right of exemption
