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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Real Estate Law
Satisfied Customers: 19285
Experience:  B.A.; M.B.A.; J.D.
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I was told by an Illinois attorney that after notice to

Customer Question

I was told by an Illinois attorney that after notice to commence suit within 30 days has expired with no suit by the claimant, the Title company can issue a clear title. Is that true?
Submitted: 11 months ago.
Category: Real Estate Law
Expert:  Phillips Esq. replied 11 months ago.

Hello: This is Attorney Phillips. Welcome to Justanswer! I will be assisting you today with your post.

I am reviewing your post, and I will post my response very shortly. Thank you for your patience.

Expert:  Phillips Esq. replied 11 months ago.

Your Question:

I was told by an Illinois attorney that after notice to commence suit within 30 days has expired with no suit by the claimant, the Title company can issue a clear title. Is that true?

Response: Yes, that is true. See 770 ILCS 60/34:

http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2254

(770 ILCS 60/34) (from Ch. 82, par. 34)
Sec. 34. Notice to commence suit.
(a) Upon written demand of the owner, lienor, or any person interested in the real estate, or their agent or attorney, served on the person claiming the lien, or his agent or attorney, requiring suit to be commenced to enforce the lien or answer to be filed in a pending suit, suit shall be commenced or answer filed within 30 days thereafter, or the lien shall be forfeited. Such service may be by registered or certified mail, return receipt requested, or by personal service.
(b) A written demand under this Section must contain the following language in at least 10 point bold face type: "Failure to respond to this notice within 30 days after receipt, as required by Section 34 of the Mechanics Lien Act, shall result in the forfeiture of the referenced lien."

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