Business
Release of Lien
Illinois
Lien on business name
My husband and I started a transportation company recently and learned a Lein has been put on the business by a company we have never heard of nor have any affiliation with
Answers from 1 Lawyer
Answer
Business
Illinois
T. Phillip B.
ContractsCounsel verified
I'm assuming this is a UCC Lien on the business assets. You can file a release yourself with the IL Secretary of State. There's also an affidavit that will go with it.
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Can a release of lien be obtained without paying off the underlying debt?
I purchased a property that had an existing lien on it, and the seller promised to obtain a release of lien before the closing, but now they are refusing to do so unless I pay off the remaining debt, even though the lien was filed against them, not me - I want to know if it is possible to obtain a release of lien without having to pay off the underlying debt.
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The standard practice is that any lien against the property should be paid off at or before closing. You should also have obtained title insurance, which generally covers liens that were not satisfied. You should have received a copy of your title insurance policy sometime after closing, and the lien coverage (or any exception) should appear on the policy. At this point, you should contact an attorney to review all of your closing documents and advise you on the best course of action.
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Can a release of lien be obtained if the original lienholder cannot be located?
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My husband and I started a transportation company recently and learned a Lein has been put on the business by a company we have never heard of nor have any affiliation with
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