Flippers/Lien Waivers in the Chicago: How to make life easier?

Flippers/Lien Waivers in the Chicago: How to make life easier?

Real Estate Attorney · Park Ridge, IL · Member since 2015 · 15 posts · 5 votes

For flipping investors in the Chicagoland area:  The more you know about lien waivers and the process, the better your flip will go and the quicker you will get your returns.  This is not intended as legal advice from me, but a general guideline on how to approach flips and lien waivers.

The number one issue title companies are experiencing is the increased number of mechanics liens tied to flips.  Title companies do not like mechanics liens as it costs them money, which results in making the flipping process more difficult.  Or does have to be?  Here are few tips on how to avoid this problem on your flips:

1) Create a file folder for you flip (both electronically and in paper form), so you get and maintain the proper documents stated below.

2)  Draft a summary general contractor (if you are the GC) plan or have your GC prepare a plan on what work will be done before you start it.

3) Identify and create a list of all subcontractors that will be used.

4)  Identify all materials that will be needed or used for your flip.

5) Prepare all lien waivers for all subcontractor and materials either before the process starts (this is ambitious - but is a great idea)  or at the time of paying your subcontractors.  

6) Lastly, get all lien waivers to your attorney prior to the actual closing.  DO NOT WAIT UNTIL THE DAY OF CLOSING, you will not be happy as you money will be held up.  The more time your attorney has to review and get approved the lien waivers with the title company the better the matter will be for you and your money.

Any additional recommendations or comments to the above is welcomed, as I only like to make the process easier for you and my own client's.

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Mike B.Pro Member
Developer · Chicago, IL · Member since 2013 · 437 posts · 359 votes
10y

Run your construction draws through the title company. They will make sure to get signed lien waivers before they pay out. At the time of closing, they'll already have all the paperwork they need.

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  • Mike B.Pro Member
    Developer · Chicago, IL · Member since 2013 · 437 posts · 359 votes
    10y

    Run your construction draws through the title company. They will make sure to get signed lien waivers before they pay out. At the time of closing, they'll already have all the paperwork they need.

  • Real Estate Attorney · Park Ridge, IL · Member since 2015 · 15 posts · 5 votes
    10y

    That is a great point Mike and I agree, but not everyone uses a title company for the payouts.  It also costs money to use the title company for the payouts.

  • Mike B.Pro Member
    Developer · Chicago, IL · Member since 2013 · 437 posts · 359 votes
    10y

    I understand that. You asked for additional recommendations.

  • Crystal SmithPro Member
    Moderator
    Real Estate Broker · Chicago, IL · Member since 2014 · 2k+ posts · 1k+ votes
    10y
    Originally posted by @Frank Ponticelli:

    That is a great point Mike and I agree, but not everyone uses a title company for the payouts.  It also costs money to use the title company for the payouts.

    We've used the following as alternative to title company for escrowing funds:

    • Attorney
    • On line escrow funds- An example is Safefunds- Not available in every state.
  • Investor · Austin, TX · Member since 2014 · 34 posts · 4 votes
    9y

    @Crystal Smith @Frank Ponticelli @Mike B.

    Hi,

        I have a situation with GC and I started discussion in here :

    https://www.biggerpockets.com/forums/24/topics/371...

    I see that you have discussed through this topic. Any thoughts on how to handle the situation is appreciated. 

    Thanks for your time.

  • Real Estate Attorney · Park Ridge, IL · Member since 2015 · 15 posts · 5 votes
    9y

    Raj - I tried to send you a note, I am not sure you got it.  If not, give me a call at my office.  Sorry for the delay, I haven't checked BP in a bit.

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