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(770 ILCS 60/16) (from Ch. 82, par. 16)
Sec. 16.
No incumbrance upon land, created before or after the making of
the contract for improvements under the provisions of this act, shall operate upon the
building erected, or materials furnished until a lien in favor of the
persons having done work or furnished material (hereinafter "lien creditor") shall have been satisfied,
and upon any questions arising between incumbrancers and lien creditors, all
previous incumbrances shall be preferred only to the extent of the value of the
land at the time of making of the contract for improvements, but shall not be preferred to the value of any subsequent improvements, and each lien creditor shall be
preferred to the value of all the subsequent improvements erected on said premises, whether or not provided by the lien creditor, and
the court shall ascertain by jury or otherwise, as the case may require,
what proportion of the proceeds of any sale shall be paid to the several
parties in interest. All incumbrances, whether by mortgage, judgment or
otherwise, charged and shown to be fraudulent, in respect to creditors, may
be set aside by the court, and the premises freed and discharged from such
fraudulent incumbrance. When the proceeds of a sale are insufficient to satisfy the claims of both previous incumbrancers and lien creditors, the proceeds of the sale shall be distributed as follows: (i) any previous incumbrancers shall have a paramount lien in the portion of the proceeds attributable to the value of the land at the time of making of the contract for improvements; and (ii) any lien creditors shall have a paramount lien in the portion of the proceeds attributable to the value of all subsequent improvements made to the property.
(Source: P.A. 97-1165, eff. 2-11-13.)
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