Bill Text: IL HB3636 | 2011-2012 | 97th General Assembly | Amended

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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

Rep. Chapin Rose

Filed: 3/11/2011

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2 AMENDMENT NO. ______. Amend House Bill 3636 on page 1, by
3replacing line 5 with the following:
4"Sections 16 and 34 as follows:
5 (770 ILCS 60/16) (from Ch. 82, par. 16)
6 Sec. 16. No incumbrance upon land, created before or after
7the making of the contract under the provisions of this act,
8shall operate upon the building erected, or materials furnished
9until a lien in favor of the persons having done work or
10furnished material (hereinafter "lien creditor") shall have
11been satisfied, and upon any questions arising between
12incumbrancers and lien creditors, all previous incumbrances
13shall be preferred only to the extent of the value of the land
14at the time of making of the contract, but shall not be
15preferred to the value of any subsequent improvements, and each
16the lien creditor shall be preferred to the value of all the

09700HB3636ham001- 2 -LRB097 05212 AJO 52886 a
1improvements erected on said premises, whether or not provided
2by the lien creditor, and the court shall ascertain by jury or
3otherwise, as the case may require, what proportion of the
4proceeds of any sale shall be paid to the several parties in
5interest. All incumbrances, whether by mortgage, judgment or
6otherwise, charged and shown to be fraudulent, in respect to
7creditors, may be set aside by the court, and the premises
8freed and discharged from such fraudulent incumbrance.
9(Source: Laws 1903, p. 230.)"; and
10on page 1, below line 21, by inserting the following:
11 "Section 99. Effective date. This Act takes effect upon
12becoming law.".