National City Mortgage v. Hillside Lumber, 2012 IL App (2d) 101292

National City Mortgage forecloses on property securing construction loan by Jakimows.
Hillside Lumber records a mechanic’s lien for materials, claiming $141,188.10 value and $65,821.93 due.
Lien dated March 5, 2008; no accompanying proof of mailing or service list included with lien.
Hillside counters by filing a cross-claim to foreclose its lien and affidavits claiming mailed notice by certified mail.
Plaintiff asserts it did not receive notice of the lien; Hillside lacks documentation of mailing (no white card, envelope copy, or green card).
Trial court granted plaintiff summary judgment in its favor; Hillside appeals.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Did Hillside’s notice comply with §24(a) by mailing and recipient receipt considerations?	Plaintiff did not receive notice; mailing alone not proven effective.	Section 24(a) requires notice by certified mail, mailing time suffices, regardless of receipt.	Notice must be received; mailing alone insufficient. Court affirms summary judgment for plaintiff.

Parkway Bank & Trust Co. v. Meseljevic, 406 Ill. App. 3d 435 (2010) (statutory construction; remedial purpose after strict compliance)
J&B Steel Contractors, Inc. v. C. Iber & Sons, Inc., 246 Ill. App. 3d 523 (1993) (actual receipt is critical to notice under mechanics lien act)
Matthews Roofing Co. v. Community Bank & Trust of Edgewater, 194 Ill. App. 3d 200 (1990) (notice defects not de facto deprivation if actual notice occurred)
Devine v. United States Currency, 199 Ill. 2d 142 (2002) (notice perfected upon mailing under express procedures; receipt not required)
Watson v. Auburn Iron Works, Inc., 23 Ill. App. 3d 265 (1974) (emphasizes actual notice considerations in lien context)