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Illinois Appellate Court Upholds Finding of Constructive Fraud by Mechanics Lien Claimant
Kluever & Platt recently obtained a victory in the Illinois Appellate Court for a commercial client facing a mechanics lien claim brought under the Mechanics Lien Act. This ruling provides further protection for those facing mechanics liens and serves to discourage fraudulent lien claims—which unfortunately occur quite frequently.
READ MORECase Law Update: Payment of Less than All Outstanding Condo Assessments Does Not Extinguish an Association's Lien
The Illinois appellate court's decision in Hometown Condominium Association No. 2 v. Saleem Mohammed, 2018 IL App (2nd) 171030, provides further insight into the steps needed to be taken by a judicial foreclosure sale purchaser to exterminate a condominium association's assessment lien. Specifically, the court held that failure to pay the entire balance of post-sale assessments will not extinguish the association's lien, even if the amount tendered would cover all of the past-due, pre-sale assessments.
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