Benchmark Title Company, LLC


Claims - Part 4  

John Howe

Claims -  Part 4

Mechanics Lien Claims,  how we work to prevent them and give you, our customers, peace of mind.

A “Mechanics Lien” is defined as a lien created by statute for the purpose of securing priority of payment for the price or value of work performed, or materials furnished in construction or repair of improvements to land, which attaches to the land as well as the improvements. So, as an example, you hire a contractor to build you a home on your land or to repair, rebuild, or add on to an existing structure, that contractor has lien rights on your property to secure his ability to get paid. The contractor has 4 months to file his lien in the recorders office after his last day on the job. He then has 2 years to perfect his lien and can in fact foreclose and take your property through the proper legal processes.

Now, what does Benchmark Title do to prevent that from happening?  When we first open the order for a title relating to a construction loan we require the contractor and owner to give us a job cost breakdown listing all the functions and the cost for each of the work types to be done and the materials to be furnished. All parties also must sign Construction Escrow Agreements indicating the responsibilities of each of the parties, as well as the payment processes and of course what the title company insures.

Upon the request of a “Draw” or disbursement of funds paying the various contractors and suppliers we will have an updated title search done, request an inspection of the property to be certain that the work that we are asking to pay for is in fact completed, or to what degree is that done, and then follow up with a request for funds from the construction lender.

Benchmark as a practice does not pay only to the general contractor; we pay each subcontractor and supplier individually. As the parties are paid for their service and material we will receive from each of them a “Mechanics Lien Waiver” which removes the contractor or suppliers lien rights up to the amount paid and the date of payment in the event the work is not as yet complete, sometimes known as a “Partial Waiver”.

This process is followed with each draw request with the purpose of minimizing the potential for a mechanics lien claim being filed against your property. This also protects the contractors and suppliers in that they know they will be paid in a timely manner, it protects the owner so he will not have to deal with any later issues, and it also protects the title company by minimizing its need to dispute or pay any mechanics lien claims.

If you have any questions regarding this issue please feel free to contact John Howe, President or Doreen Miller our General Council at Benchmark Title.

Any questions can be directed to Benchmark Title at 618-239-3750. Please feel free to call or email:  

John Howe

Doreen Miller, Esq.
Vice President and General Counsel

Michelle Null
VP Escrow Operations

Bethany Bond
Marketing Director

Serving you from three convenient locations:

Main Office:
1124 Hartman Lane
Shiloh, IL 62221

Ph: 618-239-3750
Escrow Fax: 618-239-3707
Title Fax: 618-239-3757
Fax Orders: 618-310-1589
President: John Howe

318 North Main St.
Columbia, IL 62236

Ph: 618-281-9700
Fax: 618-281-9705
Manager: Randi Schur

4215 S. State Rte 159
Glen Carbon, IL 62034
Ph: 618-288-1695
Fax: 618-288-1852
Manager: Sara Sowell

Benchmark Title is celebrating our 10 Year Anniversary!!!

With 10 years of the highest quality of service, & the most accurate product in the industry, we would like to say
Thank You for making us successful!!!!

Dates to Remember

October 4 - Please wish our employee Debbie Jetter a HAPPY BIRTHDAY!!

October 7 - GGAR Board of Directors Installation Luncheon and Ceremony in honor of incoming Chairman of the Board, Doug Hartmann Jr. at Gateway Center, Collinsville.  Reception and Check-in at 11 am, Buffet Luncheon 12 pm, ceremony after lunch.  $20 per person.  Please RSVP to the Association office by September 30.

October 11 - Please wish our employee Bethany Bond a HAPPY BIRTHDAY!!

 November 7 - HBA Auction from 6 pm - 10 pm at Far Oaks in Caseyville, IL

Did you say FREE?

Be the first in your office to try out, Benchmark Title's new FREE online transaction management system. Why waste time making status phone calls or standing by the fax waiting for your title commitment when you can get what you need instantly from your own computer. Visit for more information or call April Tolan, our SureClose Specialist, at 618-239-3750 for your sign-on so you can start saving yourself time and money today. We'll even give you and your clients a free CD at closing containing copies of their closing documents.

Why wait?

You can place your next title order now by clicking here.

Give me my policy!

Did you know that lenders and home buyers now receive their title policies at the closing table? Contact Michelle Null, VP Escrow Operations, to learn more about this exciting new program.

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Customer Feedback Line

After your closing please call our customer feedback line at (618)310-1307 ext. 26 and leave your comments. We will send you a token of our appreciation for your time.

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