Illinois Compiled Statutes 770 ILCS 103/5 – Managing entity lien created
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(a) A managing entity has a lien on a timeshare interest for any of the following respectively levied or imposed against a timeshare interest:
(1) assessments, which, unless the timeshare
(1) assessments, which, unless the timeshare
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instrument provides otherwise, include fees, charges, late charges, fines, collection costs, and interest charged in accordance with the timeshare instrument;
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(2) reasonable collection and attorney’s fees and
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costs the managing entity incurs to collect assessments; and
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(3) taxes, interest, penalties, late payment fees, or
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fines in accordance with applicable law or the timeshare instrument.
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(b) Managing entity liens pursuant to this Section are created and attached when the charges described in subsection (a) become due. If such amounts are payable in installments, the full amount of such charges is a managing entity lien from the time that the first installment thereof becomes due.
(c) Managing entity liens pursuant to this Section are perfected on the date that the managing entity:
(1) In the case of a timeshare estate, records a
Terms Used In Illinois Compiled Statutes 770 ILCS 103/5
- Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
- Lien: A claim against real or personal property in satisfaction of a debt.
- Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
- State: when applied to different parts of the United States, may be construed to include the District of Columbia and the several territories, and the words "United States" may be construed to include the said district and territories. See Illinois Compiled Statutes 5 ILCS 70/1.14
- Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. Source: OCC
(c) Managing entity liens pursuant to this Section are perfected on the date that the managing entity:
(1) In the case of a timeshare estate, records a
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notice of lien against the timeshare estate in the office of the recorder in the county where the timeshare estate is located, which notice of lien must identify each of the following:
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(A) the name of the timeshare estate owner;
(B) the name and address of the managing entity;
(C) the description of the timeshare estate in
(B) the name and address of the managing entity;
(C) the description of the timeshare estate in
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the same manner required for recording a mortgage against a timeshare estate; and
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(D) the amount of the debt secured by the
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managing entity lien.
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(2) In the case of a timeshare use, files a notice of
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lien against the timeshare use in the filing office of the Illinois Secretary of State pursuant to Article 9 of the Uniform Commercial Code, which notice of lien, in addition to any other filing requirements imposed by Article 9 of the Uniform Commercial Code, must identify each of the following:
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(A) the name of the timeshare use owner as the
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debtor;
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(B) the name of the managing entity as the
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secured party;
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(C) the address of the managing entity;
(D) the timeshare use as the collateral; and
(E) the amount of the debt secured by the
(D) the timeshare use as the collateral; and
(E) the amount of the debt secured by the
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managing entity lien.
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(d) The managing entity must send a copy of the recorded or filed notice of lien on the timeshare interest, as the case may be, to the last known address of the timeshare interest owner.
(e) A managing entity lien against a timeshare estate, at the managing entity’s option, may be foreclosed:
(1) as provided in Section 10; or
(2) in the same manner as a mortgage under the
(e) A managing entity lien against a timeshare estate, at the managing entity’s option, may be foreclosed:
(1) as provided in Section 10; or
(2) in the same manner as a mortgage under the
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Illinois Mortgage Foreclosure Law.
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(f) A managing entity lien against a timeshare use, at the managing entity’s option, may:
(1) be foreclosed as provided in Section 15; or
(2) be enforced in the same manner as a security
(1) be foreclosed as provided in Section 15; or
(2) be enforced in the same manner as a security
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interest pursuant to Article 9 of the Uniform Commercial Code.
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