Winnebago County Mechanics Lien Subcontractor Form (Illinois)
All Winnebago County specific forms and documents listed below are included in your immediate download package:
Mechanics Lien Subcontractor Form
Fill in the blank Mechanics Lien Subcontractor form formatted to comply with all Illinois recording and content requirements.
Included Winnebago County compliant document last validated/updated 8/23/2024
Mechanics Lien Subcontractor Guide
Line by line guide explaining every blank on the form.
Included Winnebago County compliant document last validated/updated 10/4/2024
Completed Example of the Mechanics Lien Subcontractor Document
Example of a properly completed form for reference.
Included Winnebago County compliant document last validated/updated 10/10/2024
The following Illinois and Winnebago County supplemental forms are included as a courtesy with your order:
When using these Mechanics Lien Subcontractor forms, the subject real estate must be physically located in Winnebago County. The executed documents should then be recorded in the following office:
Winnebago County Recorder - County Administration Building
404 Elm St, Room 405, Rockford, Illinois 61101
Hours: 8:00 to 5:00 M-F
Phone: (815) 319-4325
Local jurisdictions located in Winnebago County include:
- Cherry Valley
- Durand
- Loves Park
- Machesney Park
- Pecatonica
- Rockford
- Rockton
- Roscoe
- Seward
- Shirland
- South Beloit
- Winnebago
How long does it take to get my forms?
Forms are available immediately after submitting payment.
How do I get my forms, are they emailed?
Immediately after you submit payment, the Winnebago County forms you order will be available for download directly from your account. You can then download the forms to your computer. If you do not already have an account, one will be created for you as part of the order process, and your login details will be provided to you. If you encounter any issues accessing your forms, please reach out to our support team for assistance. Forms are NOT emailed to you.
What does "validated/updated" mean?
This indicates the most recent date when at least one of the following occurred:
- Updated: The document was updated or changed to remain compliant.
- Validated: The document was examined by an attorney or staff, or it was successfully recorded in Winnebago County using our eRecording service.
Are these forms guaranteed to be recordable in Winnebago County?
Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Winnebago County including margin requirements, content requirements, font and font size requirements.
Can the Mechanics Lien Subcontractor forms be re-used?
Yes. You can re-use the forms for your personal use. For example, if you have more than one property in Winnebago County that you need to transfer you would only need to order our forms once for all of your properties in Winnebago County.
What are supplemental forms?
Often when a deed is recorded, additional documents are required by Illinois or Winnebago County. These could be tax related, informational, or even as simple as a coversheet. Supplemental forms are provided for free with your order where available.
What type of files are the forms?
All of our Winnebago County Mechanics Lien Subcontractor forms are PDFs. You will need to have or get Adobe Reader to use our forms. Adobe Reader is free software that most computers already have installed.
Do I need any special software to use these forms?
You will need to have Adobe Reader installed on your computer to use our forms. Adobe Reader is free software that most computers already have installed.
Do I have to enter all of my property information online?
No. The blank forms are downloaded to your computer and you fill them out there, at your convenience.
Can I save the completed form, email it to someone?
Yes, you can save your deed form at any point with your information in it. The forms can also be emailed, blank or complete, as attachments.
Are there any recurring fees involved?
No. Nothing to cancel, no memberships, no recurring fees.
Lien Claims by Subcontractor in Illinois
Mechanic's liens are available in Illinois pursuant to the Mechanic's Lien Act compiled under 770 ILCS 60. Liens are generally available for contractors, subcontractors, material or equipment suppliers, architects, and other design professionals. Subcontractors claiming a mechanic's lien should use the specialized form that references the contract between the property owner and the contractor (referred to as his or her agent in the lien claim document).
A lien is a type of property interest, like a mortgage. There are many types of liens such as tax liens, attorneys' liens, and judgment liens. A lien operates by allowing the lienor to make a claim against the property if it is later sold. Therefore, for a sale to occur, the property owner is required to disclose the existence of the lien to any potential purchaser and the sales proceeds must be used to pay off that lien. If the lien exceeds the value of the property this creates something known as a "deficiency," which must be recovered through a lawsuit. The lienor can also force a sale through foreclosure. Illinois only authorizes mechanic's liens on private projects and not those associated with public (government) entities.
When you provide labor or materials as a subcontractor to a general contractor and the general contractor never pays his or her invoice, filing a mechanic's lien is usually the next step in recovering the amount due. Subcontractors must also individually file 60-day (owner-occupied residential projects only) and 90-day notices to access their lien rights under State law. It is also helpful to attach these previous filed documents to the lien claim as exhibits to further support your case.
Mechanic's liens demand strict deadlines and missing the filing date by even one day can cost you your right to a lien. In Illinois, the time to file a lien arises within four (4) months from the last date of furnishing labor or delivered materials to the jobsite pursuant to the contract between the owner and his or her agent (contractor). The four-month period applies to your right against all third parties and subsequent owners. You have two (2) years to file suit against the original owner to foreclose on a mechanic's lien. 770 ILCS 60/9.
The claim for lien must state the parties to the contract and its terms, identify the general contractor and property owner, state a legal description of the owner's property, and state the total amount due and unpaid as of the date the notice is recorded. The lien amount includes the invoice amount owed minus all credits and offsets. A lienor may not include extras such as attorney's fees (unless a suit is filed to enforce the lien) or lost profits but may charge interest measured by the legal rate in Illinois. 770 ILCS 60/1(a).
Before recording the lien, sign it in the presence of a notary public who then notarizes it with his or her seal. The lien should be recorded at the recording office for the county where the property is situated. For residential projects, you must serve the owner with a copy of the recorded lien within ten (10) days' time.
The deadlines for filing a lien are set in stone, and failure to file on time will cost you your right to a lien. Additionally, putting in improper amounts or exaggerating the claim will invalidate the lien. If you lose your lien rights, the only remedy is to sue the property owner under contract law. As lawsuits are expensive, time-consuming, and stressful, this will become a much more challenging endeavor as opposed to enforcing a lien.
Each case is unique. Contact an attorney with specific questions regarding filing a subcontractor's claim or any other issues related to mechanic's liens in Illinois
Our Promise
The documents you receive here will meet, or exceed, the Winnebago County recording requirements for formatting. If there's an issue caused by our formatting, we'll make it right and refund your payment.
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Get your Winnebago County Mechanics Lien Subcontractor form done right the first time with Deeds.com Uniform Conveyancing Blanks. At Deeds.com, we understand that your time and money are valuable resources, and we don't want you to face a penalty fee or rejection imposed by a county recorder for submitting nonstandard documents. We constantly review and update our forms to meet rapidly changing state and county recording requirements for roughly 3,500 counties and local jurisdictions.
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