What Should You Do if a Contractor Places a Mechanic’s Lien on Your Home?

 Posted on October 20, 2026 in Civil Litigation

If a contractor records a mechanic’s lien against your home, you should first find out whether the claim is valid. Illinois has strict rules about when liens can be filed and what notices contractors must provide. A valid lien can make it difficult to sell or refinance your property. However, you have several ways to challenge or remove one in 2026. Our DuPage County civil litigation lawyer can review the lien, explain your rights, and help you decide what to do next.

What Is a Mechanic’s Lien on a Home in Illinois?

A lien is a legal claim against property that helps secure payment of a debt. It can make it difficult to sell or refinance the property until the debt is resolved. A mechanic’s lien is a specific type of lien used by contractors and suppliers who have not been paid for work or materials. Under 770 ILCS 60/1, a contractor who has a contract with the owner can claim a lien against the property. The lien helps secure payment for unpaid work and materials.

The lien attaches to the property rather than creating a personal debt by itself. However, you can still owe money under your construction contract. A contractor must also follow the law's requirements to establish and enforce the lien.

How Long Does a Contractor Have to File a Mechanic’s Lien in Illinois?

Illinois has different deadlines for recording a lien and filing a lawsuit to enforce it. Under 770 ILCS 60/7, a contractor usually has four months after finishing the work to record a lien. Meeting this deadline protects the claim against buyers, lenders, and other creditors. However, missing that deadline does not always defeat a lien against the original homeowner. A contractor can still record and enforce a lien against the owner within two years after completing the contract.

Under 770 ILCS 60/9, the contractor must file a lawsuit to enforce the lien within two years after completing the work. If they miss that deadline, the lien usually cannot be enforced.

These deadlines depend on when the work was completed. Minor repairs or warranty work do not necessarily restart them.

How Can You Remove or Challenge a Mechanic’s Lien in Illinois?

Illinois provides a tool that shortens the two-year enforcement window considerably. Under 770 ILCS 60/34, you can serve a written demand requiring the contractor to file a lawsuit to enforce the lien. The demand must contain specific legal language and be properly served.

The contractor then has 30 days to file the required court action or respond in an existing case. If they fail to do so, they lose their lien rights. That demand is powerful because many liens are recorded as leverage rather than as the start of litigation. A contractor who cannot support the claim may agree to release it instead.

Another option is to ask the court to replace the lien with a qualifying bond. The bond must equal 175 percent of the lien amount. If approved, the bond replaces the property as security while the dispute continues.

You can also challenge an invalid lien in court. If the contractor is legally required to release the lien, you can send a written demand for its release. If they fail to do so within 10 days, you could seek a $2,500 penalty, court costs, and reasonable attorney fees.

What Should You Do if a Mechanic’s Lien Is Filed Against Your Illinois Home?

If a mechanic’s lien is filed against your home, follow these steps:

• Get a copy of the recorded lien and check the recording date and the date the work was completed.

• Gather your contract, change orders, invoices, payment records, and proof of what you paid.

• Locate every lien waiver you received and identify which subcontractors never provided one.

• Check whether the contractor gave you the required notices and a sworn statement listing subcontractors, suppliers, and what each is owed. 

• Photograph the work and document any defects or incomplete items.

• Notify your title company and your lender if a sale or refinance is pending.

• Do not pay the claimant simply to make it go away before an attorney reviews the lien.

Speak with an attorney before making further payments to the general contractor. Your lawyer can help you avoid paying twice for the same work and protect your rights under the contract.

Schedule a Free Consultation With Our Glen Ellyn, IL Mechanic’s Lien Attorney

At NN Legal Group, we can review the lien, check whether the contractor followed Illinois law, and explain your options for removing it. We can also help you resolve disputes over unpaid work and protect your property rights. Contact us at 630-474-0925 to talk to our DuPage County civil litigation lawyer today.

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