Asked in Collections and Foreclosure for Illinois

Q: Does this mean I can put a lien on a house that i have done work on so if foreclosed on the bank has to pay first?

The person living in the home has not paid me yet. The house is close to being foreclosed on, so I'm wanting know if this clause would make the mortgage company liable to pay me, as I've replaced all water lines do to freezing and breaking, and put all New floors in and restabelized all the joyces from the basement.

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1 Lawyer Answer

A: Foreclose could be translated as "wipe out". The mortgagee foreclosed in order to wipe out all liens with less priority in the property than its own. Generally any lien attaching to the property after the mortgage is recorded has less priority. Only if the property sells for a surplus (an amount over and above that needed to pay off the first mortgage, including attorneys fees and costs) can junior lienholders get paid, and then only if their interests are provided for in the judgment of foreclosure and sale. That requires generally the filing of an appearance and answer in the foreclosure case.

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