Bill Text: IL HB3636 | 2011-2012 | 97th General Assembly | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Illinois Mechanics Lien Act. Adds, to the provisions concerning a written demand by an owner of real estate to a mechanics lienholder stating that the lienholder must file suit within 30 days or the lien is forfeited, the requirement that this express warning be included in the written demand: the failure to respond to the notice within 30 days after receipt of the notice results in forfeiture of the lien.
Spectrum: Moderate Partisan Bill (Democrat 10-2)
Status: (Passed) 2013-02-11 - Public Act . . . . . . . . . 97-1165 [HB3636 Detail]
Download: Illinois-2011-HB3636-Amended.html
Bill Title: Amends the Illinois Mechanics Lien Act. Adds, to the provisions concerning a written demand by an owner of real estate to a mechanics lienholder stating that the lienholder must file suit within 30 days or the lien is forfeited, the requirement that this express warning be included in the written demand: the failure to respond to the notice within 30 days after receipt of the notice results in forfeiture of the lien.
Spectrum: Moderate Partisan Bill (Democrat 10-2)
Status: (Passed) 2013-02-11 - Public Act . . . . . . . . . 97-1165 [HB3636 Detail]
Download: Illinois-2011-HB3636-Amended.html
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| 1 | AMENDMENT TO HOUSE BILL 3636
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| 2 | AMENDMENT NO. ______. Amend House Bill 3636 on page 1, by | ||||||
| 3 | replacing line 5 with the following:
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| 4 | "Sections 16 and 34 as follows:
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| 5 | (770 ILCS 60/16) (from Ch. 82, par. 16)
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| 6 | Sec. 16.
No incumbrance upon land, created before or after | ||||||
| 7 | the making of
the contract under the provisions of this act, | ||||||
| 8 | shall operate upon the
building erected, or materials furnished | ||||||
| 9 | until a lien in favor of the
persons having done work or | ||||||
| 10 | furnished material (hereinafter "lien creditor") shall have | ||||||
| 11 | been satisfied,
and upon any questions arising between | ||||||
| 12 | incumbrancers and lien creditors, all
previous incumbrances | ||||||
| 13 | shall be preferred only to the extent of the value of the
land | ||||||
| 14 | before any improvements at the time of making of the contract, | ||||||
| 15 | but shall not be preferred to the value of any subsequent | ||||||
| 16 | improvements, and each the lien creditor shall be
preferred to | ||||||
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| 1 | the value of all the improvements erected on said premises, | ||||||
| 2 | whether or not provided by the lien creditor, and
the court | ||||||
| 3 | shall ascertain by jury or otherwise, as the case may require,
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| 4 | what proportion of the proceeds of any sale shall be paid to | ||||||
| 5 | the several
parties in interest. All incumbrances, whether by | ||||||
| 6 | mortgage, judgment or
otherwise, charged and shown to be | ||||||
| 7 | fraudulent, in respect to creditors, may
be set aside by the | ||||||
| 8 | court, and the premises freed and discharged from such
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| 9 | fraudulent incumbrance. When the proceeds of a sale are | ||||||
| 10 | insufficient to satisfy the claims of both previous | ||||||
| 11 | incumbrancers and lien creditors, the proceeds of the sale | ||||||
| 12 | shall be distributed as follows: (i) any previous incumbrancers | ||||||
| 13 | shall have a paramount lien in the portion of the proceeds | ||||||
| 14 | attributable to the value of the land before any improvements; | ||||||
| 15 | and (ii) any lien creditors shall have a paramount lien in the | ||||||
| 16 | portion of the proceeds attributable to the value of all | ||||||
| 17 | subsequent improvements made to the property.
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| 18 | (Source: Laws 1903, p. 230.)"; and
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| 19 | on page 1, below line 21, by inserting the following:
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| 20 | "Section 99. Effective date. This Act takes effect upon | ||||||
| 21 | becoming law.".
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