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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 33802
Experience:  15 years real estate, Realtor. Landlord 26 years
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We have a lien on our Chicago condo, it expires 4-21-16.

Customer Question

We have a lien on our Chicago condo, it expires 4-21-16. Does it just fall off or do we have to do something to have it removed?
Submitted: 10 months ago.
Category: Real Estate Law
Expert:  Barrister replied 10 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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Can you tell me what the lien is for?

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Has the lienor failed to take legal action to enforce the lien and file suit?

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thanks

Barrister

Customer: replied 10 months ago.
The lien is for a property we owned in WI, we did a deed in lieu and agreed to a 5 year lien on our Chicago condo
Expert:  Barrister replied 10 months ago.

Ok, then if this is a lien that was never enforced, then it would simply become unenforceable after it expires. It doesn't vanish on its own though and you can legally contact the lienor and request that they file a lien release within 30 days or you will hold them liable for the costs of hiring an attorney to file a "quiet title" action to have it judicially dissolved.

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thanks

Barrister

Customer: replied 10 months ago.
What do you mean by enforced? We were not able to sell our place for the last 5 years or we'd have to pay the full loan amount back.
Expert:  Barrister replied 10 months ago.

Enforced means that whoever placed the lien took legal action to enforce it...like suing you to pay the full amount back if you sold your place within 5 years...

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Since it never had to be enforced, it just becomes void and no one can enforce it after the time limit expires.

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But to formally clear it, you should have the lienor file a lien release..

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thanks

Barrister

Customer: replied 10 months ago.
Thank you!
Expert:  Barrister replied 10 months ago.

You are very welcome. Glad to help any time..

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If you feel your original question and any related follow ups have been answered, I would very much appreciate a positive rating on the answer I have provided so I receive credit for my work. If you have a new question the JustAnswer folks require that you start a new question page, but you can request me by putting "For Barrister" in the caption and they will get it to me.

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thanks much

Barrister

Customer: replied 10 months ago.
Can we do that ourselves or does an attorney need to?
Expert:  Barrister replied 10 months ago.

Well, you can send the lienor a letter certified mail telling them that you are requesting that they file a lien release, as required under IL law, within 30 days of the date of the letter. Failure to do so will result in you holding them liable for any legal costs incurred in judicially dissolving the lien.

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That should be enough to "encourage" them to file the release..

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thanks

Barrister

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