Real Estate Law
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Is this private sewer line? How is the "sewer department" taking your sewer lien. Could you please describe a little bit about what is happening?
I would like to ask you a couple more questions as I misunderstood your original question. What is the lien for? Do you have a mortgage on your property?
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Unfortunately yes, a lien holder can foreclose as long as they are the first lien holder. It sounds as if this is the case and this utility lien can foreclose on your property to get payment of the past due amounts. The municipality also has the power to sue you in a civil action to recover the money due for services rendered, plus a reasonable attorney's fee, to be fixed by the court . If a judgment is entered in such a civil action the created lien against the real estate shall not be effective thereafter as to charges sued upon and no lien shall exist thereafter against the real estate for the delinquency. Judgment in such a civil action operates as a release and waiver of the lien for the amount of the judgment.
65 ILCS 5/11-139-8; 65 ILCS 5/11-141-7; 65 ILCS 5/1
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ust checking back in, do you have any further questions?