Lake County Grading Company, LLC v. Forever Construction, Inc.

Illinois Appellate Court
Civil Court
Mechanic's Liens
Citation
Case Number: 
2017 IL App (2d) 160359
Decision Date: 
Friday, May 19, 2017
District: 
2d Dist.
Division/County: 
Lake Co.
Holding: 
Reversed and remanded.
Justice: 
BURKE

Bank obtained foreclosure judgment on warehouse. Before confirmation, warehouse was destroyed by fire. Plaintiff company demolished remains of warehouse, and Plaintiff recorded a mechanic's lien upon completion of work. Bank was not a bona fide innocent 3rd-party purchaser, because through its conduct it induced Plaintiff to perform the work and file separate action. Plaintiff had a right to intervene in foreclosure action but was not required to do so. Legal remedy of statutory mechanic's lien precluded equitable lien as a potentially viable alternative claim for Plaintiff.(HUTCHINSON and SPENCE, concurring.)