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Rep. Kam Buckner
Filed: 5/3/2023
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1 | | AMENDMENT TO SENATE BILL 1675
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2 | | AMENDMENT NO. ______. Amend Senate Bill 1675 by replacing |
3 | | everything after the enacting clause with the following:
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4 | | "Section 5. The Property Tax Code is amended by changing |
5 | | Sections 9-260, 18-250, 21-15, 21-25, 21-45, 21-90, 21-118, |
6 | | 21-145, 21-225, 21-235, 21-240, 21-250, 21-310, 21-315, |
7 | | 21-330, 21-350, 21-355, 21-370, 21-385, 21-400, 21-405, |
8 | | 21-430, 22-5, 22-10, 22-15, 22-25, 22-30, 22-35, 22-40, and |
9 | | 22-60 as follows:
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10 | | (35 ILCS 200/9-260)
|
11 | | Sec. 9-260. Assessment of omitted property; counties of |
12 | | 3,000,000 or
more. |
13 | | (a) After signing the affidavit, the county assessor
shall |
14 | | have power, when directed by the board of
appeals
(until the |
15 | | first Monday in December 1998 and the board of review
|
16 | | beginning
the first Monday in December 1998 and thereafter), |
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1 | | or on his or her own
initiative, subject to the limitations of |
2 | | Sections 9-265 and 9-270, to assess properties which
may have |
3 | | been omitted from assessments
for the current year and not |
4 | | more than 3 years prior to the current year for which the |
5 | | property was
liable to be taxed, and for which the tax has not |
6 | | been paid, but only on notice
and an opportunity to be heard in |
7 | | the manner and form required by law, and
shall enter the |
8 | | assessments upon the assessment books. Any notice shall |
9 | | include (i) a request that a person receiving the notice who is |
10 | | not the current taxpayer contact the office of the county |
11 | | assessor and explain that the person is not the current |
12 | | taxpayer, which contact may be made on the telephone, in |
13 | | writing, or in person upon receipt of the notice, and (ii) the |
14 | | name, address, and telephone number of the appropriate |
15 | | personnel in the office of the county assessor to whom the |
16 | | response should be made. Any time period for the review of an |
17 | | omitted assessment included in the notice shall be consistent |
18 | | with the time period established by the assessor in accordance |
19 | | with subsection (a) of Section 12-55. No charge for tax of
|
20 | | previous years shall be made against any property if (1) the |
21 | | assessor failed to notify the board of review of the omitted |
22 | | assessment in accordance with subsection (a-1) of this |
23 | | Section; (2) the property was last
assessed as unimproved, the |
24 | | owner of such property gave notice of
subsequent improvements |
25 | | and requested a reassessment as required by Section
9-180, and |
26 | | reassessment of the property was not made within the 16-month |
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1 | | 16 month
period immediately following the receipt of that |
2 | | notice; (3) the owner of the property gave notice as required |
3 | | by Section 9-265; (4) the assessor received a building permit |
4 | | for the property evidencing
that new construction had occurred |
5 | | or was occurring on the property but
failed to list the |
6 | | improvement on the tax rolls; (5) the assessor
received a plat |
7 | | map, plat of survey, ALTA survey, mortgage survey, or
other |
8 | | similar document containing the omitted property but failed to
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9 | | list the improvement on the tax rolls; (6) the assessor |
10 | | received a real
estate transfer declaration indicating a sale |
11 | | from an exempt property
owner to a non-exempt property owner |
12 | | but failed to list the property on
the tax rolls; or (7) the |
13 | | property was the subject of an assessment
appeal before the |
14 | | assessor or the board of review that had included the
intended |
15 | | omitted property as part of the assessment appeal and provided
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16 | | evidence of its market value. |
17 | | (a-1) After providing notice and an opportunity to be |
18 | | heard as
required by subsection (a) of this Section, the |
19 | | assessor shall render a
decision on the omitted assessment, |
20 | | whether or not the omitted
assessment was contested, and shall |
21 | | mail a notice of the decision to the
taxpayer of record or to |
22 | | the party that contested the omitted assessment. The notice of |
23 | | decision shall contain a statement that the
decision may be |
24 | | appealed to the board of review. The decision and all
evidence |
25 | | used in the decision shall be transmitted by the assessor to
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26 | | the board of review on or before the dates specified in |
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1 | | accordance with
Section 16-110.
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2 | | (b) Any taxes based on the omitted assessment of a |
3 | | property pursuant to
Sections
9-260 through 9-270 and Sections |
4 | | 16-135 and 16-140 shall be prepared and mailed at the same time |
5 | | as the
estimated first
installment property tax bill for the |
6 | | preceding year (as described in
Section 21-30)
is prepared and |
7 | | mailed. The omitted assessment tax bill
is not due
until the |
8 | | date on which the second installment property tax bill for the
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9 | | preceding
year becomes due. The omitted assessment tax bill |
10 | | shall be deemed
delinquent
and shall bear interest beginning |
11 | | on the day after the due date of the second
installment
(as |
12 | | described in Section 21-25). In counties with 3,000,000 or |
13 | | more inhabitants, any Any taxes for omitted assessments for a |
14 | | tax year before tax year 2023 that are deemed
delinquent
after |
15 | | the due date of the second installment tax bill shall bear
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16 | | interest at the rate of
1.5% per month , or portion thereof , |
17 | | until paid or forfeited (as described in
Section 21-25). In |
18 | | counties with 3,000,000 or more inhabitants, any taxes for |
19 | | omitted assessments for tax year 2023 or thereafter that are |
20 | | deemed delinquent after the due date of the second installment |
21 | | tax bill shall bear interest at the rate of 0.75% per month, or |
22 | | portion thereof, until paid or forfeited (as described in |
23 | | Section 21-25).
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24 | | (c) The
assessor shall have no power to change the |
25 | | assessment or alter the
assessment books in any other manner |
26 | | or for any other purpose so as to
change or affect the taxes in |
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1 | | that year, except as ordered by the board of
appeals (until the |
2 | | first Monday in December 1998 and the board of review
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3 | | beginning the first Monday in December 1998 and thereafter). |
4 | | The county
assessor shall make
all changes and corrections |
5 | | ordered by the board of appeals
(until the first Monday in |
6 | | December 1998 and the board of review
beginning
the first |
7 | | Monday in December 1998 and thereafter).
The county assessor |
8 | | may for the purpose
of revision by the board of appeals
(until |
9 | | the first Monday in December 1998 and the board of review
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10 | | beginning
the first Monday in December 1998 and thereafter)
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11 | | certify the assessment books
for any town or taxing district |
12 | | after or when such books are completed.
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13 | | (Source: P.A. 96-1553, eff. 3-10-11.)
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14 | | (35 ILCS 200/18-250)
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15 | | Sec. 18-250.
Additions to forfeited taxes and unpaid |
16 | | special assessments;
fee for estimate.
|
17 | | (a) When any property has been forfeited for taxes or |
18 | | special
assessments, the clerk shall compute the amount of |
19 | | back taxes and special
assessments, interest, statutory costs, |
20 | | and printer's fees remaining due,
with one year's interest on |
21 | | all taxes forfeited, and enter them upon the
collector's books |
22 | | as separate items. Except as otherwise provided in
Section |
23 | | 21-375, the aggregate so computed shall be collected in the |
24 | | same
manner as the taxes on other property for that year. The |
25 | | county clerk shall
examine the forfeitures, and strike all |
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1 | | errors and make corrections as
necessary. For counties with |
2 | | fewer than 3,000,000 inhabitants, interest Interest added to |
3 | | forfeitures under this Section shall be at the
rate of 12% per |
4 | | year. For counties with 3,000,000 or more inhabitants, |
5 | | interest added to forfeitures under this Section shall accrue |
6 | | at the rate of (i) 12% per year if the forfeiture is for a tax |
7 | | year before tax year 2023 or (ii) 0.75% per month, or portion |
8 | | thereof, if the forfeiture is for tax year 2023 or any tax year |
9 | | thereafter.
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10 | | (b) In counties with 3,000,000 or more inhabitants, taxes |
11 | | first
extended
for prior years, or previously extended for |
12 | | prior years for which application
for judgment and order of |
13 | | sale is not already pending, shall be added to the
tax of the |
14 | | current year, with interest and costs as provided by law.
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15 | | Forfeitures shall not be so added, but they shall remain a lien |
16 | | on the property
upon which they were charged until paid or sold |
17 | | as provided by law. There
shall be added to such forfeitures |
18 | | annually the same interest as would be added
if forfeited |
19 | | annually, until paid or sold, and the addition of each year's
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20 | | interest shall be considered a separate forfeiture. |
21 | | Forfeitures may be
redeemed in the manner provided in Section |
22 | | 21-370 or 21-375. Taxes and special
assessments for which |
23 | | application for judgment and order of sale is
pending, or |
24 | | entered but not enforced for any reason, shall not be added to |
25 | | the
tax for the current year. However, if the taxes and special |
26 | | assessments remain
unpaid, the property, shall be advertised |
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1 | | and sold under judgments and orders
of sale to be entered in |
2 | | pending applications, or already entered in prior
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3 | | applications, including judgments and orders of sale under |
4 | | which the purchaser
fails to complete his or her purchase.
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5 | | (c) In counties with 3,000,000 or more inhabitants, on or |
6 | | before January
1, 2001 and during each year thereafter, the |
7 | | county clerk
shall compute the amount of taxes on each |
8 | | property that remain due or
forfeited for any year prior to the |
9 | | current year and have not become subject to
Sections 20-180 |
10 | | through 20-190, and the clerk shall enter the same upon the
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11 | | collector's warrant books of the current and all following |
12 | | years as separate
items in a suitable column. The county clerk |
13 | | shall examine the collector's
warrant books and the Tax |
14 | | Judgment, Sale, Redemption and Forfeiture records for
the |
15 | | appropriate years and may take any other actions as the clerk |
16 | | finds to be
necessary or convenient in order to comply with |
17 | | this subsection. On and after
January 1, 2001, any taxes for |
18 | | any year
remaining due or
forfeited against real property in |
19 | | such county not entered on the current
collector's
warrant |
20 | | books shall be deemed uncollectible and void,
but
shall not be |
21 | | subject to the posting or other requirements of Sections |
22 | | 20-180
through 20-190.
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23 | | (d) In counties with 100,000 or more inhabitants, the |
24 | | county
clerk shall,
when making the annual collector's books, |
25 | | in a suitable column, insert and
designate previous |
26 | | forfeitures of general taxes by the word "forfeiture", to be
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1 | | stamped opposite each property forfeited at the last previous |
2 | | tax sale for
general taxes and not redeemed or purchased |
3 | | previous to the completion of the
collector's books. The |
4 | | collectors of general taxes shall stamp upon all bills
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5 | | rendered and receipts given the information on the collector's |
6 | | books regarding
forfeiture of general taxes, and the stamped |
7 | | notation shall also refer the
recipient to the county clerk |
8 | | for full information. The county clerk shall be
allowed to |
9 | | collect from the person requesting an estimate of costs of
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10 | | redemption of a forfeited property, the fee provided by law.
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11 | | (Source: P.A. 91-668, eff. 12-22-99.)
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12 | | (35 ILCS 200/21-15)
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13 | | Sec. 21-15. General tax due dates; default by mortgage |
14 | | lender. Except as otherwise provided in this Section or |
15 | | Section 21-40, all property
upon which the first installment |
16 | | of taxes remains unpaid on the later of (i) June 1 or (ii) the |
17 | | day after the date specified on the real estate tax bill as the |
18 | | first installment due date annually
shall be deemed delinquent |
19 | | and shall bear interest after that date . For property located |
20 | | in a county with fewer than 3,000,000 inhabitants, the unpaid |
21 | | taxes shall bear interest at the rate of
1 1/2% per month or |
22 | | portion thereof. For property located in a county with |
23 | | 3,000,000 or more inhabitants, the unpaid taxes shall bear |
24 | | interest at the rate of (i) 1.5% per month, or portion thereof, |
25 | | if the unpaid taxes are for a tax year before 2023 or (ii) |
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1 | | 0.75% per month, or portion thereof, if the unpaid taxes are |
2 | | for tax year 2023 or any tax year thereafter. Except as |
3 | | otherwise provided in this
Section or Section 21-40, all |
4 | | property upon which the second installment of
taxes remains |
5 | | due and unpaid on the later of (i) September 1 or (ii) the day |
6 | | after the date specified on the real estate tax bill as the |
7 | | second installment due date, annually, shall be deemed
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8 | | delinquent and shall bear interest after that date at the same |
9 | | interest rate.
Notwithstanding any other provision of law, in |
10 | | counties with fewer than 3,000,000 inhabitants, if a taxpayer |
11 | | owes an arrearage of taxes due to an administrative error, and |
12 | | if the county collector sends a separate bill for that |
13 | | arrearage as provided in Section 14-41, then any part of the |
14 | | arrearage of taxes that remains unpaid on the day after the due |
15 | | date specified on that tax bill
shall be deemed delinquent and |
16 | | shall bear interest after that date at the rate of
1 1/2% per |
17 | | month or portion thereof. Notwithstanding any other provision |
18 | | of law, in counties with 3,000,000 or more inhabitants, if a |
19 | | taxpayer owes an arrearage of taxes due to an administrative |
20 | | error, and if the county collector sends a separate bill for |
21 | | that arrearage as provided in Section 14-41, then any part of |
22 | | the arrearage of taxes that remains unpaid on the day after the |
23 | | due date specified on that tax bill shall be deemed delinquent |
24 | | and shall bear interest after that date at the rate of (i) 1 |
25 | | 1/2% per month, or portion thereof, if the arrearage is for a |
26 | | tax year before tax year 2023 or (ii) 0.75% per month, or |
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1 | | portion thereof, if the arrearage is for tax year 2023 or any |
2 | | tax year thereafter. All interest collected shall be paid into |
3 | | the general fund of the county.
Payment received by mail and |
4 | | postmarked on or before the required due date is
not |
5 | | delinquent.
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6 | | Property not subject to the interest charge in Section |
7 | | 9-260 or Section
9-265 shall also not
be subject to the |
8 | | interest charge imposed by this Section until such time as
the |
9 | | owner of the property receives actual notice of and is billed |
10 | | for the
principal amount of back taxes due and owing.
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11 | | If an Illinois resident who is a member of the Illinois |
12 | | National Guard
or a reserve component of the armed forces of |
13 | | the United States
and who has
an ownership interest in |
14 | | property taxed under this Act is called to active duty
for |
15 | | deployment outside the continental United States
and
is on |
16 | | active duty on the due date of any installment of taxes due |
17 | | under
this Act, he or she shall not be deemed delinquent in the |
18 | | payment of the
installment and no interest shall accrue or be |
19 | | charged as a penalty on the
installment until 180 days after |
20 | | that member returns from active duty. To be deemed not |
21 | | delinquent in the payment of an installment of taxes and any
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22 | | interest
on that installment, the reservist or guardsperson |
23 | | must make a reasonable effort to notify the county clerk and |
24 | | the county collector of his or her activation to active duty |
25 | | and must notify the county clerk and the county collector
|
26 | | within 180
days after his or her deactivation and provide |
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1 | | verification of the date of his
or her
deactivation. An |
2 | | installment of property taxes on the property of any reservist
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3 | | or
guardsperson who fails to provide timely notice and |
4 | | verification of
deactivation to the
county clerk is subject to |
5 | | interest and penalties as delinquent taxes under
this Code |
6 | | from
the date of deactivation.
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7 | | Notwithstanding any other provision of law, when any |
8 | | unpaid taxes become
delinquent under this Section through the |
9 | | fault of the mortgage lender,
(i) the
interest assessed under |
10 | | this Section for delinquent taxes shall be charged
against the |
11 | | mortgage lender and not the mortgagor and (ii) the mortgage
|
12 | | lender shall pay the taxes, redeem the property and take all |
13 | | necessary steps to
remove any liens accruing against the |
14 | | property because of the delinquency.
In the event that more |
15 | | than
one entity meets the definition of mortgage lender with |
16 | | respect to any
mortgage, the interest shall be assessed |
17 | | against the mortgage lender
responsible for servicing the |
18 | | mortgage. Unpaid taxes shall be deemed
delinquent through the |
19 | | fault of the mortgage lender only if: (a) the
mortgage
lender |
20 | | has received all payments due the mortgage lender for the |
21 | | property being
taxed under the written terms of the mortgage |
22 | | or promissory note secured by
the mortgage, (b) the mortgage |
23 | | lender holds funds in escrow to pay the taxes,
and (c) the |
24 | | funds are sufficient to pay the taxes
after deducting all |
25 | | amounts reasonably anticipated to become due for all hazard
|
26 | | insurance premiums and mortgage insurance premiums and any |
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1 | | other assessments to
be paid from the escrow under the terms of |
2 | | the mortgage. For purposes of this
Section, an
amount
is |
3 | | reasonably anticipated to become due if it is payable within |
4 | | 12 months from
the time of determining the sufficiency of |
5 | | funds held in escrow. Unpaid taxes
shall not be deemed |
6 | | delinquent through the fault of the mortgage lender if the
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7 | | mortgage lender was directed in writing by the mortgagor not |
8 | | to pay the
property taxes, or
if the failure to pay the taxes |
9 | | when due resulted from inadequate or inaccurate
parcel |
10 | | information provided by the mortgagor, a title or abstract |
11 | | company, or
by the agency or unit of government assessing the |
12 | | tax.
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13 | | (Source: P.A. 97-944, eff. 8-10-12; 98-286, eff. 1-1-14.)
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14 | | (35 ILCS 200/21-25)
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15 | | Sec. 21-25. Due dates; accelerated billing in counties of |
16 | | 3,000,000 or more.
Except as hereinafter provided and as |
17 | | provided in Section 21-40, in
counties with 3,000,000 or more |
18 | | inhabitants
in which the accelerated method of billing and |
19 | | paying taxes provided for in
Section 21-30 is in effect, the |
20 | | estimated first installment of unpaid taxes
shall be deemed |
21 | | delinquent and shall bear interest after March 1 and until |
22 | | paid or forfeited at the rate of
(i) 1 1/2% per month or |
23 | | portion thereof if the unpaid taxes are for a tax year before |
24 | | 2023 or (ii) 0.75% per month, or portion thereof, if the unpaid |
25 | | taxes are for tax year 2023 or any tax year thereafter until |
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1 | | paid or forfeited . For tax year 2010, the estimated first |
2 | | installment of unpaid taxes shall be deemed delinquent and |
3 | | shall bear interest after April 1 at the rate of 1.5% per month |
4 | | or portion thereof until paid or forfeited. For tax year 2022, |
5 | | the estimated first installment of unpaid taxes shall be |
6 | | deemed delinquent and shall bear interest after April 1, 2023 |
7 | | at the rate of 1.5% per month or portion thereof until paid or |
8 | | forfeited. For all tax years, the second
installment of unpaid |
9 | | taxes shall be deemed delinquent and shall bear interest
after |
10 | | August 1 annually at the same interest rate until paid or |
11 | | forfeited.
Notwithstanding any other provision of law, if a |
12 | | taxpayer owes an arrearage of taxes due to an administrative |
13 | | error, and if the county collector sends a separate bill for |
14 | | that arrearage as provided in Section 14-41, then any part of |
15 | | the arrearage of taxes that remains unpaid on the day after the |
16 | | due date specified on that tax bill
shall be deemed delinquent |
17 | | and shall bear interest after that date at the rate of
(i) 1 |
18 | | 1/2% per month , or portion thereof , if the unpaid taxes are for |
19 | | a tax year before 2023 or (ii) 0.75% per month, or portion |
20 | | thereof, if the unpaid taxes are for tax year 2023 or any tax |
21 | | year thereafter .
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22 | | If the county board elects by ordinance adopted prior to |
23 | | July 1 of a levy
year to provide for taxes to be paid in 4 |
24 | | installments, each installment for
that levy year and each |
25 | | subsequent year shall be deemed delinquent and shall
begin to |
26 | | bear interest 30 days after the date specified by the |
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1 | | ordinance for
mailing bills, at the rate of 1 1/2% per month , |
2 | | or portion thereof, until paid
or forfeited.
If the unpaid |
3 | | taxes are for a tax year before 2023, then interest shall |
4 | | accrue at the rate of 1.5% per month, or portion thereof, until |
5 | | paid or forfeited. If the unpaid taxes are for tax year 2023 or |
6 | | any tax year thereafter, then interest shall accrue at the |
7 | | rate of 0.75% per month, or portion thereof, until paid or |
8 | | forfeited.
|
9 | | Payment received by mail and postmarked on or before the |
10 | | required due date
is not delinquent.
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11 | | Taxes levied on homestead property in which a member of |
12 | | the National Guard or
reserves of the armed forces of the |
13 | | United States who was called to active duty
on or after August |
14 | | 1, 1990, and who has an ownership interest, shall not be
deemed |
15 | | delinquent and no interest shall accrue or be charged as a |
16 | | penalty on
such taxes due and payable in 1991 or 1992 until one |
17 | | year after that member
returns to civilian status.
|
18 | | If an Illinois resident who is a member of the Illinois |
19 | | National Guard
or a reserve component of the armed forces of |
20 | | the United States
and who has an ownership interest in |
21 | | property taxed under this Act is
called to
active duty
for |
22 | | deployment outside the continental United States
and
is on |
23 | | active duty on the due date of any installment of taxes due |
24 | | under
this Act, he or she shall not be deemed delinquent in the |
25 | | payment of the
installment and no interest shall accrue or be |
26 | | charged as a penalty on the
installment until 180 days after |
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1 | | that member returns to
civilian
status.
To be deemed not |
2 | | delinquent in the payment of an installment of taxes and any
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3 | | interest
on that installment, the reservist or guardsperson |
4 | | must make a reasonable effort to notify the county clerk and |
5 | | the county collector of his or her activation to active duty |
6 | | and must notify the county clerk and the county collector
|
7 | | within 180
days after his or her deactivation and provide |
8 | | verification of the date of his
or her
deactivation. An |
9 | | installment of property taxes on the property of any reservist
|
10 | | or
guardsperson who fails to provide timely notice and |
11 | | verification of
deactivation to the
county clerk is subject to |
12 | | interest and penalties as delinquent taxes under
this Code |
13 | | from
the date of deactivation.
|
14 | | (Source: P.A. 102-1112, eff. 12-21-22.)
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15 | | (35 ILCS 200/21-45)
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16 | | Sec. 21-45. Failure to issue tax bill in prior year. In the |
17 | | event no tax
bill was issued as provided in Section 21-30, on |
18 | | any property in any previous
year for any reason, one tax bill |
19 | | shall be prepared and mailed by July 1 of the
year subsequent |
20 | | to the year in which no tax bill was issued, and taxes on that
|
21 | | property for that year only shall bear interest after the |
22 | | first day of August
of that year . In counties with fewer than |
23 | | 3,000,000 inhabitants, interest shall accrue at the rate of 1 |
24 | | 1/2% per month or portion thereof until paid or
forfeited. In |
25 | | counties with 3,000,000 or more inhabitants, if the taxes are |
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1 | | for a tax year before tax year 2023, then interest shall accrue |
2 | | at the rate of 1.5% per month, or portion thereof, until paid |
3 | | or forfeited. In counties with 3,000,000 or more inhabitants, |
4 | | if the taxes are for the 2023 tax year or any tax year |
5 | | thereafter, then interest shall accrue at the rate of 0.75% |
6 | | per month, or portion thereof, until paid or forfeited.
|
7 | | (Source: P.A. 87-17; 88-455.)
|
8 | | (35 ILCS 200/21-90)
|
9 | | Sec. 21-90. Purchase and sale by county;
distribution of |
10 | | proceeds. |
11 | | (a) When any
property is delinquent, or is forfeited for |
12 | | each of 2 or more
years, and is
offered for sale under any of |
13 | | the provisions of this Code, the county board County Board of
|
14 | | the county County in which the property is located,
in its |
15 | | discretion, may bid, or, in
the case of forfeited property, |
16 | | may apply to purchase it or otherwise acquire the tax lien or |
17 | | certificate , in the name of the
county County as trustee for |
18 | | all taxing districts having an
interest in the property's
|
19 | | taxes or special assessments for the nonpayment of which the |
20 | | property is sold.
The presiding officer of the county board, |
21 | | with the advice and consent of the
board Board , may appoint on |
22 | | its behalf
some officer , or person , or entity to attend such |
23 | | sales , bid on tax liens or certificates, and act on behalf of |
24 | | the county when exercising its authority under this Section
|
25 | | and bid or, in the case of forfeited property, to apply to the |
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1 | | county clerk to
purchase . The county County shall apply on the |
2 | | bid or purchase
the unpaid taxes and
special assessments due |
3 | | upon the property. No cash need be paid. |
4 | | (b) The county, as trustee for all taxing districts having |
5 | | an interest in the property's taxes or special assessments, |
6 | | shall be the designated holder of all tax liens or |
7 | | certificates that are forfeited to the State or county. No |
8 | | cash need be paid for the forfeited tax lien or certificate. |
9 | | (c) For any tax lien or certificate acquired under |
10 | | subsection (a) or (b) of this Section, the county The County |
11 | | may
take steps necessary to acquire title to the property and |
12 | | may manage
and operate the property, including, but not |
13 | | limited to, mowing of grass, removal of nuisance greenery, |
14 | | removal of garbage, waste, debris or other materials, or the |
15 | | demolition, repair, or remediation of unsafe structures. When |
16 | | a county, or other taxing district within the
county, is a |
17 | | petitioner for a tax deed, no filing fee shall be required.
|
18 | | When a county or other taxing district within the county is the |
19 | | petitioner
for a tax deed, one petition may be filed including |
20 | | all parcels that are tax
delinquent within the county or |
21 | | taxing district, and any publication made under
Section 22-20 |
22 | | of this Code may combine all such parcels within a single |
23 | | notice.
The notice may include the street address as listed on |
24 | | the most recent available tax bills, if available, and shall |
25 | | list the Property Index Number shall list the street or common |
26 | | address, if known, of the
parcels for informational purposes.
|
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1 | | The
county, as tax creditor and as trustee for other tax |
2 | | creditors, or other taxing
district within the county, shall |
3 | | not be required to allege and prove that all
taxes and special |
4 | | assessments which become due and payable after the sale or |
5 | | forfeiture to
the county have been paid nor shall the county be
|
6 | | required to pay the
subsequently accruing taxes or special |
7 | | assessments at any time. The county
board or its designee may |
8 | | prohibit the county collector from including the
property in |
9 | | the tax sale of one or more subsequent years. The lien of taxes |
10 | | and
special assessments which become due and payable after a |
11 | | sale to a county
shall
merge in the fee title of the county, or |
12 | | other taxing district within the
county, on the issuance of a |
13 | | deed.
|
14 | | The county County may sell any or assign the property so
|
15 | | acquired with authority provided in this Section , or assign |
16 | | any tax the certificate of
purchase to it, to any party, |
17 | | including , but not limited to,
taxing districts , |
18 | | municipalities, land banks created pursuant to Illinois law, |
19 | | or non-profit developers focused on constructing affordable |
20 | | housing . |
21 | | The assigned tax certificate shall be void with no further |
22 | | rights given to the assignee, including no right to refund or |
23 | | reimbursement, if a tax deed has not been recorded within 4 |
24 | | years after the date of the assignment unless a court extends |
25 | | the assignment period as provided in this Section. Upon a |
26 | | motion by the assignee, a court may toll the 4-year deadline |
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1 | | for a specified period of time if the court finds the assignee |
2 | | is prevented from obtaining or recording a deed by injunction |
3 | | or order of any court, by the refusal or inability of any court |
4 | | to act upon the application for a tax deed, by a municipality's |
5 | | refusal to issue necessary transfer stamps or approvals for |
6 | | recording, or by the refusal of the clerk to execute the deed. |
7 | | If an assigned tax certificate is void under this Section, it |
8 | | shall be forfeited to the county and held as a valid |
9 | | certificate of sale in the county's name pursuant to this |
10 | | Section 21-90. The proceeds of any that sale or
assignment |
11 | | under this Section , less all costs
of the county incurred in |
12 | | the acquisition, operation, maintenance, and sale or
|
13 | | assignment of the
property or assignment of the tax |
14 | | certificate , including all costs associated with county staff |
15 | | and overhead used to perform the duties of the trustee set |
16 | | forth in this Section, shall be
distributed to the taxing |
17 | | districts in proportion to their respective interests
therein.
|
18 | | Under Sections 21-110, 21-115, 21-120 , and 21-190 and |
19 | | 21-405 , a county County may bid or
purchase only in the absence |
20 | | of other bidders.
|
21 | | (Source: P.A. 102-363, eff. 1-1-22 .)
|
22 | | (35 ILCS 200/21-118) |
23 | | Sec. 21-118. Tax sale; online database. At least 10 days |
24 | | prior to any tax sale authorized under this Article 21, the |
25 | | county collector may post on his or her website a list of all |
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1 | | properties that are eligible to be sold at the sale. The list |
2 | | shall include the street address on file with the county |
3 | | collector, if available, and shall include the PIN number |
4 | | assigned to the property. The list may not include the name of |
5 | | the property owner. The list may designate properties on which |
6 | | a sale in error has previously been declared, provided that |
7 | | those designations are posted at least 7 days before any tax |
8 | | sale authorized under this Article 21. If the list designates |
9 | | properties as properties on which a sale in error has |
10 | | previously been declared, the list shall also include the |
11 | | court case number or administrative number under which the |
12 | | declaration of the sale in error was made and the basis for the |
13 | | sale in error. No sale in error may be declared under this Code |
14 | | based upon an omission from or error on the list of designated |
15 | | properties.
|
16 | | (Source: P.A. 97-557, eff. 7-1-12 .)
|
17 | | (35 ILCS 200/21-145)
|
18 | | Sec. 21-145. Scavenger sale. At the same time the county |
19 | | collector County Collector annually
publishes the collector's |
20 | | annual sale advertisement under Sections 21-110,
21-115 , and |
21 | | 21-120, it is mandatory for the collector in counties with |
22 | | 3,000,000
or more inhabitants, and in other counties may, if |
23 | | the county board so orders by
resolution, to publish an |
24 | | advertisement giving notice of the intended
sale of certain |
25 | | tax liens and certificates that have been forfeited and are |
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1 | | held by the county pursuant to Section 21-90 application for |
2 | | judgment and sale of all properties upon which all or a part of
|
3 | | the general taxes for each of 3 or more years are delinquent as |
4 | | of the date of
the advertisement . Under no circumstance may a |
5 | | tax year be offered at a scavenger sale prior to the annual tax |
6 | | sale for that tax year (or, for omitted assessments issued |
7 | | pursuant to Section 9-260, the annual tax sale for that |
8 | | omitted assessment's warrant year, as defined herein). In no |
9 | | event may there be more than 2 consecutive years
without a sale |
10 | | under this Section, except where a tax sale has been delayed |
11 | | pursuant to Section 21-150 as a result of a statewide COVID-19 |
12 | | public health emergency. The term delinquent also includes
|
13 | | forfeitures. |
14 | | The county collector County Collector shall include in the |
15 | | advertisement and in the
application for judgment and sale |
16 | | under this Section and Section 21-260 the
total amount of all |
17 | | general taxes upon those properties which are delinquent as
of |
18 | | the date of the advertisement. In lieu of a single annual |
19 | | advertisement and
application for judgment and sale under this |
20 | | Section and Section 21-260, the county collector
County |
21 | | Collector may, from time to time, beginning on the date of the
|
22 | | publication of the annual sale advertisement and before August |
23 | | 1 of the next
year, publish separate advertisements and make |
24 | | separate applications on
eligible properties described in one |
25 | | or more volumes of the delinquent list.
The separate |
26 | | advertisements and applications shall, in the aggregate, |
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1 | | include
all the properties which otherwise would have been |
2 | | included in the single
annual advertisement and application |
3 | | for judgment and sale under this Section.
Upon the written |
4 | | request of the taxing district which levied the same, the |
5 | | county collector may
County Collector shall also include in |
6 | | the advertisement the special taxes and
special assessments, |
7 | | together with interest, penalties and costs thereon upon
those |
8 | | properties which are delinquent as of the date of the |
9 | | advertisement. The
advertisement and application for judgment |
10 | | and sale shall be in the manner
prescribed by this Code |
11 | | relating to the annual advertisement and application
for |
12 | | judgment and sale of delinquent properties.
|
13 | | As used in this Section, the term delinquent also includes |
14 | | tax liens and certificates forfeited to the county as trustee |
15 | | and held pursuant to Section 21-90, if those tax liens or |
16 | | certificates are approved for sale by the county board. Any |
17 | | tax lien or certificate held by the county pursuant to Section |
18 | | 21-90 that is offered at a scavenger sale shall be assigned by |
19 | | the county to the winning bidder at the scavenger sale as set |
20 | | forth in Section 21-90. After 4 years from the date of |
21 | | assignment, the assignment is void and the tax certificate |
22 | | shall be forfeited back to the county and held pursuant to |
23 | | Section 21-90, unless a tax deed has been issued and recorded |
24 | | by the assignee or a court order to toll the deadline pursuant |
25 | | to Section 21-90 is entered. |
26 | | As used in this Section, "warrant year" means the year |
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1 | | preceding the calendar year in which the omitted assessment |
2 | | first became due and payable. |
3 | | (Source: P.A. 101-635, eff. 6-5-20; 102-519, eff. 8-20-21.)
|
4 | | (35 ILCS 200/21-225)
|
5 | | Sec. 21-225. Forfeited tax liens and certificates |
6 | | property . Every tax lien or certificate for property offered |
7 | | at public sale, and
not sold for want of bidders, unless it is |
8 | | released from sale by the withdrawal
from collection of a |
9 | | special assessment levied thereon, shall be forfeited to
the |
10 | | county, as trustee for the taxing districts, and managed |
11 | | pursuant to Section 21-90 State of Illinois . Tax certificates |
12 | | are also forfeited to the county in those circumstances |
13 | | described in subsection (d) of Section 21-310 and subsection |
14 | | (f) of Section 22-40 of this Code. However, when the court, |
15 | | county clerk and county
treasurer certify that the taxes and |
16 | | special assessments not withdrawn from
collection on forfeited |
17 | | property equal or exceed the actual value of the
property, the |
18 | | county collector shall, on the receipt of such certificate, |
19 | | offer
the property for sale to the highest bidder, after first |
20 | | giving 10 days'
notice in counties with less than 10,000 |
21 | | inhabitants, according to the most recent federal decennial |
22 | | census, and 30 days' notice in all other counties, in the |
23 | | manner described in Sections 21-110 and 21-115, of the time
|
24 | | and place of sale, together with a description of the property |
25 | | to be offered. A
certificate of purchase shall be issued to the |
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1 | | purchaser at the sale as in
other cases provided in this Code. |
2 | | The county collector shall receive credit in
the settlement |
3 | | with the taxing bodies for which the tax was levied for the
|
4 | | amount not realized by the sale. The amount received from the |
5 | | sale shall be
paid by the collector, pro rata, to the taxing |
6 | | bodies entitled to it.
|
7 | | (Source: P.A. 97-557, eff. 7-1-12 .)
|
8 | | (35 ILCS 200/21-235)
|
9 | | Sec. 21-235. Record of forfeitures. All tax liens and |
10 | | certificates properties forfeited to the county State at
the |
11 | | sale shall be noted on the Tax Judgment, Sale, Redemption and |
12 | | Forfeiture
Record.
|
13 | | In counties with less than 3,000,000 inhabitants, a list |
14 | | of all property
charged with delinquent special assessments |
15 | | and forfeited to the county State at the
sale shall be returned |
16 | | to the collector of the levying municipality.
|
17 | | (Source: P.A. 76-2254; 88-455.)
|
18 | | (35 ILCS 200/21-240)
|
19 | | Sec. 21-240. Payment for property purchased at tax sale; |
20 | | reoffering for
sale. Payment for property purchased at tax |
21 | | sale; reoffering for
sale. Except as otherwise provided below, |
22 | | the person purchasing any property,
or any part thereof, shall |
23 | | be liable to the county for the amount due and shall
forthwith |
24 | | pay to the county collector the amount charged on the |
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1 | | property. Upon
failure to do so, the amount due shall be |
2 | | recoverable in a civil action brought
in the name of the People |
3 | | of the State of Illinois in any court of competent
|
4 | | jurisdiction. The person so purchasing shall be relieved of |
5 | | liability only by
payment of the amount due together with |
6 | | interest and costs thereon, or if the
property is reoffered at |
7 | | the sale, purchased and paid for. Reoffering of the
property |
8 | | for sale shall be at the discretion of the collector. The sale |
9 | | shall
not be closed until payment is made or the property again |
10 | | offered for sale. In
counties with 3,000,000 or more |
11 | | inhabitants, only the taxes, special
assessments, interest and |
12 | | costs as advertised in the sale shall be required to
be paid |
13 | | forthwith. Except if the purchaser is the county as trustee |
14 | | pursuant to Section 21-90, the The general taxes charged on |
15 | | the land remaining due and
unpaid, including amounts subject |
16 | | to certificates of error, not included in the
advertisement, |
17 | | shall be paid by the purchaser within 10 days after the sale,
|
18 | | except that upon payment of the fee provided by law to the |
19 | | County Clerk (which
fee shall be deemed part of the costs of |
20 | | sale) the purchaser may make written
application, within the |
21 | | 10 day period, to the county clerk for a statement of
all |
22 | | taxes, interest and costs due and an estimate of the cost of |
23 | | redemption of
all forfeited general taxes, which were not |
24 | | included in the advertisement.
After obtaining such statement |
25 | | and estimate and an order on the county
collector to receive |
26 | | the amount of forfeited general taxes, if any, the
purchaser |
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1 | | shall pay to the county collector all the remaining taxes, |
2 | | interest
and costs, and the amount necessary to redeem the |
3 | | forfeited general taxes. The
county collector shall issue the |
4 | | purchaser a receipt therefor. Any delay in
providing the |
5 | | statement or in accepting payment, and delivering receipt
|
6 | | therefor, shall not be counted as a part of the 10 days. When |
7 | | the receipt of
the collector is issued, a copy shall be filed |
8 | | with the county clerk and the
county clerk shall include the |
9 | | amount shown in such receipt in the amount of
the purchase |
10 | | price of the property in the certificate of purchase. The
|
11 | | purchaser then shall be entitled to a certificate of purchase. |
12 | | If a purchaser
fails to complete his or her purchase as |
13 | | provided in this Section, the purchase
shall become void, and |
14 | | be of no effect, but the collector shall not refund the
amount |
15 | | paid in cash at the time of the sale, except in cases of sale |
16 | | in error under subsection (a) of Section 21-310 .
That amount |
17 | | shall be treated as a payment and distributed to the taxing |
18 | | bodies
as other collections are distributed. The lien for |
19 | | taxes for the amount paid
shall remain on the property, in |
20 | | favor of the purchaser, his or her heirs or
assigns, until paid |
21 | | with 5% interest per year on that amount from the date the
|
22 | | purchaser paid it. The amount and fact of such ineffective |
23 | | purchase shall be
entered in the tax judgment, sale, |
24 | | redemption and forfeiture record opposite
the property upon |
25 | | which the lien remains. No redemption shall be made without
|
26 | | payment of this amount for the benefit of the purchaser, and no |
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1 | | future sale of
the property shall be made except subject to the |
2 | | lien of such purchaser. This
section shall not apply to any |
3 | | purchase by any city, village or incorporated
town in default |
4 | | of other bidders at any sale for delinquent special
|
5 | | assessments.
|
6 | | (Source: P.A. 84-1308; 88-455.)
|
7 | | (35 ILCS 200/21-250)
|
8 | | Sec. 21-250. Certificate of purchase. The county clerk |
9 | | shall make out and
deliver to the purchaser of any property |
10 | | sold under Section 21-205 , or to the county if the lien is |
11 | | acquired pursuant to Section 21-90 and a certificate is |
12 | | requested by the county or its agent , a
tax certificate of |
13 | | purchase countersigned by the collector, describing the |
14 | | property
sold, the date of sale, the amount of taxes, special |
15 | | assessments, interest and
cost for which they were sold and |
16 | | that payment of the sale price has been made.
If any person |
17 | | becomes the purchaser of more than one property owned by one
|
18 | | party or person, the purchaser may have the whole or one or |
19 | | more of them
included in one certificate, but separate |
20 | | certificates shall be issued in all
other cases. A tax |
21 | | certificate of purchase shall be assignable by endorsement. An
|
22 | | assignment shall vest in the assignee or his or her legal |
23 | | representatives, all
the right and title of the original |
24 | | purchaser.
|
25 | | If the tax certificate is lost or destroyed, the county |
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1 | | clerk
shall issue a duplicate certificate upon written request |
2 | | and a sworn affidavit
by the tax sale purchaser, or his or her |
3 | | assignee, that the tax certificate is
lost or destroyed.
The |
4 | | county clerk shall cause a notation to be made
in the tax sale |
5 | | and judgment book that a duplicate certificate has been |
6 | | issued,
and redemption payments shall be made only to the |
7 | | holder of the duplicate
certificate.
|
8 | | (Source: P.A. 88-455; 89-617, eff. 9-1-96.)
|
9 | | (35 ILCS 200/21-310)
|
10 | | Sec. 21-310. Sales in error.
|
11 | | (a) When, upon application of the county collector, the |
12 | | owner of the
certificate of purchase, the holder of a 5% lien |
13 | | issued pursuant to Section 21-240, or a
municipality which |
14 | | owns or has owned the property ordered sold, it appears to
the |
15 | | satisfaction of the court which ordered the property sold that |
16 | | any of the
following subsections are applicable, the court |
17 | | shall declare the sale to be a
sale in error:
|
18 | | (1) the property was not subject to taxation, or all |
19 | | or any part of the
lien of taxes sold has become null and |
20 | | void pursuant to Section 21-95
or unenforceable pursuant |
21 | | to subsection (c) of Section 18-250 or subsection
(b) of |
22 | | Section 22-40 ; ,
|
23 | | (2) the taxes or special assessments had been paid |
24 | | prior to the sale of
the property ; ,
|
25 | | (3) there is a double assessment ; ,
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1 | | (4) the description is void for uncertainty ; ,
|
2 | | (5) the assessor, chief county assessment officer, |
3 | | board of review,
board of appeals, or other county |
4 | | official has made an error material to the tax certificate |
5 | | at issue (other than an
error of judgment as to
the value |
6 | | of any property), provided, however, that a sale in error |
7 | | may not be declared upon application of the owner of the |
8 | | certificate of purchase under this paragraph (5) if the |
9 | | county collector provided notice in accordance with |
10 | | Section 21-118 that the same property received a previous |
11 | | sale in error on the same grounds;
|
12 | | (5.5) the owner of the homestead property had tendered |
13 | | timely and full
payment to the county collector that the |
14 | | owner reasonably believed was due and
owing on the |
15 | | homestead property, and the county collector did not apply |
16 | | the
payment to the homestead property; provided that this |
17 | | provision applies only to
homeowners, not their agents or |
18 | | third-party payors ; ,
|
19 | | (6) prior to the tax sale a voluntary or involuntary |
20 | | petition was has been
filed by or against the legal or |
21 | | beneficial owner of the property requesting
relief under |
22 | | the provisions of 11 U.S.C. Chapter 7, 11, 12, or 13,
and |
23 | | the bankruptcy case was open on the date the collector's |
24 | | application for judgment was filed pursuant to Section |
25 | | 21-150 or 21-155;
|
26 | | (7) the property is owned by the United States, the |
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1 | | State of Illinois,
a municipality, or a
taxing district ; , |
2 | | or |
3 | | (8) the owner of the property is a reservist or |
4 | | guardsperson who is granted an extension of his or her due |
5 | | date under Sections 21-15, 21-20, and 21-25 of this Act.
|
6 | | (b) When, upon application of the owner of the certificate |
7 | | of purchase
only, it appears to the satisfaction of the court |
8 | | which ordered the property
sold that any of the following |
9 | | subsections are applicable, the court shall
declare the sale |
10 | | to be a sale in error:
|
11 | | (1) A voluntary or involuntary petition under the |
12 | | provisions of 11
U.S.C. Chapter 7, 11, 12, or 13 has been |
13 | | filed
subsequent to the tax sale and prior to the issuance |
14 | | of the tax deed , and the bankruptcy case was open on the |
15 | | date the petition for a sale in error was filed .
|
16 | | (2) The improvements upon the property sold have been |
17 | | substantially
destroyed or rendered uninhabitable or |
18 | | otherwise unfit for occupancy subsequent
to the tax sale |
19 | | and prior to the issuance of the tax deed; however, if the |
20 | | court declares a sale in error under this paragraph (2), |
21 | | the court may order the holder of the certificate of |
22 | | purchase to assign the certificate to the county collector |
23 | | if requested by the county collector. The county collector |
24 | | may, upon request of the county, as trustee, or upon |
25 | | request of a taxing district having an interest in the |
26 | | taxes sold, further assign any certificate of purchase |
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1 | | received pursuant to this paragraph (2) to the county |
2 | | acting as trustee for taxing districts pursuant to Section |
3 | | 21-90 of this Code or to the taxing district having an |
4 | | interest in the taxes sold.
|
5 | | (3) There is an interest held by the United States in |
6 | | the property sold
which could not be extinguished by the |
7 | | tax deed.
|
8 | | (4) The real property contains a hazardous
substance, |
9 | | hazardous waste, or underground storage tank that would
|
10 | | require cleanup or other removal under any federal,
State, |
11 | | or local law, ordinance, or regulation, only if the tax |
12 | | purchaser
purchased the property without actual knowledge |
13 | | of the hazardous substance,
hazardous waste, or |
14 | | underground storage tank. The presence of a grease trap on |
15 | | the property is not grounds for a sale in error under this |
16 | | paragraph (4). This paragraph (4) applies only if the |
17 | | owner of the
certificate of purchase has made application |
18 | | for a sale in error at any time
before the issuance of a |
19 | | tax deed. If the court declares a sale in error under this |
20 | | paragraph (4), the court may order the holder of the |
21 | | certificate of purchase to assign the certificate to the |
22 | | county collector if requested by the county collector. The |
23 | | county collector may, upon request of the county, as |
24 | | trustee, or upon request of a taxing district having an |
25 | | interest in the taxes sold, further assign any certificate |
26 | | of purchase received pursuant to this paragraph (4) to the |
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1 | | county acting as trustee for taxing districts pursuant to |
2 | | Section 21-90 of this Code or to the taxing district |
3 | | having an interest in the taxes sold.
|
4 | | Whenever a court declares a sale in error under this |
5 | | subsection (b), the State's attorney court shall promptly |
6 | | notify the county collector in writing. Every such declaration |
7 | | pursuant to any provision of this subsection (b) shall be made |
8 | | within the proceeding in which the tax sale was authorized. |
9 | | (c) When the county collector discovers, prior to the |
10 | | expiration of the period of redemption, that a tax sale
should |
11 | | not have occurred for one or more of the reasons set forth in
|
12 | | subdivision (a)(1), (a)(2), (a)(3), (a)(4), (a)(5.5), (a)(6), |
13 | | or (a)(7) , or (a)(8) of this Section, the county
collector |
14 | | shall notify the last known owner of the tax certificate of |
15 | | purchase by
certified and regular mail, or other means |
16 | | reasonably calculated to provide
actual notice, that the |
17 | | county collector intends to declare an administrative
sale in |
18 | | error and of the reasons therefor, including documentation |
19 | | sufficient
to establish the reason why the sale should not |
20 | | have occurred. The owner of the
certificate of purchase may |
21 | | object in writing within 28 days after the date of
the mailing |
22 | | by the county collector. If an objection is filed, the county
|
23 | | collector shall not administratively declare a sale in error, |
24 | | but may apply to
the circuit court for a sale in error as |
25 | | provided in subsection (a) of this
Section. Thirty days |
26 | | following the receipt of notice by the last known owner of
the |
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1 | | certificate of purchase, or within a reasonable time |
2 | | thereafter, the county
collector shall make a written |
3 | | declaration, based upon clear and convincing
evidence, that |
4 | | the taxes were sold in error and shall deliver a copy thereof |
5 | | to
the county clerk within 30 days after the date the |
6 | | declaration is made for
entry in the tax judgment, sale, |
7 | | redemption, and forfeiture record pursuant to
subsection (d) |
8 | | of this Section. The county collector shall promptly notify |
9 | | the
last known owner of the certificate of purchase of the |
10 | | declaration by regular
mail and shall , except if the |
11 | | certificate was issued pursuant to a no-cash bid, promptly pay |
12 | | the amount of the tax sale, together with interest
and costs as |
13 | | provided in Section 21-315, upon surrender of the original
|
14 | | certificate of purchase.
|
15 | | (d) If a sale is declared to be a sale in error for any |
16 | | reason set forth in Section 22-35, Section 22-50, or |
17 | | subdivision (a)(5), (b)(2), or (b)(4) of this Section, the tax |
18 | | certificate shall be forfeited to the county as trustee |
19 | | pursuant to Section 21-90 of this Code, unless the county |
20 | | collector informs the county and the county clerk in writing |
21 | | that the tax certificate shall not be forfeited to the county |
22 | | as trustee. The , the county
clerk shall make entry in the tax |
23 | | judgment, sale, redemption and
forfeiture record, that the |
24 | | property was erroneously sold and that the tax certificate is |
25 | | forfeited to the county pursuant to Section 21-90 , and the |
26 | | county
collector shall, on demand of the owner of the |
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1 | | certificate of purchase, refund
the amount paid, except for |
2 | | the nonrefundable $80 fee paid, pursuant to Section 21-295, |
3 | | for each item purchased at the tax sale, pay any interest and |
4 | | costs as may be ordered under Sections
21-315 through 21-335, |
5 | | and cancel the certificate so far as it relates to the
|
6 | | property. The county collector shall deduct from the accounts |
7 | | of the
appropriate taxing bodies their pro rata amounts paid. |
8 | | Alternatively, for sales in error declared under subsection |
9 | | (b)(2) or (b)(4), the county collector may request the circuit |
10 | | court to direct the county clerk to record any assignment of |
11 | | the tax certificate to or from the county collector without |
12 | | charging a fee for the assignment. The owner of the |
13 | | certificate of purchase shall receive all statutory refunds |
14 | | and payments. The county collector shall deduct costs and |
15 | | payments in the same manner as if a sale in error had occurred.
|
16 | | (e) Whenever the collector declares an administrative sale |
17 | | in error under this Section, the collector must send a copy of |
18 | | the declaration of the administrative sale in error, and |
19 | | documentation sufficient to establish the reason why the sale |
20 | | should not have occurred, to the government entity responsible |
21 | | for maintaining assessment books and property record cards for |
22 | | the subject property. That entity must review the |
23 | | documentation sent by the collector, make a determination as |
24 | | to whether an update to the assessment books or property |
25 | | record cards is necessary to prevent a recurrence of the sale |
26 | | in error, and update the assessment books or property record |
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1 | | cards as appropriate. |
2 | | (f) Whenever a court declares a sale in error under this |
3 | | Section, the State's attorney must send a copy of the |
4 | | application and order declaring the sale in error to the |
5 | | county collector, the county clerk, and the government entity |
6 | | responsible for maintaining the assessment books and property |
7 | | record cards for the subject property. The collector, the |
8 | | county clerk, and the other government entity must each review |
9 | | the application and order sent by the State's attorney and |
10 | | make a determination as to whether an update to its respective |
11 | | records is necessary to prevent a recurrence of the sale in |
12 | | error, and update its records as appropriate. |
13 | | The changes made to this Section by this amendatory Act of |
14 | | the 103rd General Assembly apply to matters concerning tax |
15 | | certificates issued on or after the effective date of this |
16 | | amendatory Act of the 103rd General Assembly. |
17 | | (Source: P.A. 100-890, eff. 1-1-19; 101-379, eff. 1-1-20; |
18 | | 101-659, eff. 3-23-21.)
|
19 | | (35 ILCS 200/21-315)
|
20 | | Sec. 21-315. Refund of costs; interest on refund.
|
21 | | (a) If a sale in
error under Section 21-310, 22-35, or |
22 | | 22-50
is declared, the amount refunded
shall also include all |
23 | | costs paid by the owner of the
certificate of
purchase or his |
24 | | or her assignor which were posted to the tax judgment, sale,
|
25 | | redemption and forfeiture record , except that if the sale in |
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1 | | error is declared under Section 22-50, in counties of |
2 | | 3,000,000 or more inhabitants the amount refunded shall not |
3 | | include the $100 fee paid in accordance with Section 21-330 .
|
4 | | (b) In those cases which arise solely under grounds set |
5 | | forth in Section
21-310, the amount refunded shall also |
6 | | include
interest
on the refund of the amount paid
for the |
7 | | certificate of purchase, except as otherwise provided in this |
8 | | Section.
Interest shall be awarded and paid to the tax |
9 | | purchaser at the rate of 1% per
month from the date of sale to |
10 | | the date of payment, or in an amount equivalent
to the penalty |
11 | | interest which would be recovered on a redemption at the time |
12 | | of
payment pursuant to the order for sale in error, whichever |
13 | | is less. Interest
shall not be paid when the sale in error is |
14 | | made pursuant to paragraph (2) or
(4) of
subsection (b) of |
15 | | Section 21-310, Section 22-35, Section 22-50, subdivision |
16 | | (a)(5), (b)(1), (b)(2), or (b)(4) of Section 21-310, any |
17 | | ground
not enumerated in Section 21-310, or in any other case |
18 | | where the court
determines that the
tax purchaser had actual |
19 | | knowledge prior to the sale of the grounds on which
the sale is |
20 | | declared to be erroneous.
|
21 | | (c) When the county collector files a petition for sale in |
22 | | error under
Section 21-310 and mails a notice thereof by
|
23 | | certified or registered mail to the
last known owner of the |
24 | | certificate of purchase, any interest otherwise
payable under |
25 | | this Section shall cease to accrue as of the date the
petition |
26 | | is filed, unless the tax purchaser agrees to an order for sale |
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1 | | in
error upon the presentation of the petition to the court. |
2 | | Notices under
this subsection may be mailed to the last known |
3 | | owner of the
certificate of
purchase. When the
owner of the |
4 | | certificate of purchase contests the collector's petition
|
5 | | solely to determine whether the grounds for sale in error are |
6 | | such as to
support a claim for interest, the court may direct |
7 | | that the principal
amount of the refund be paid to the owner of |
8 | | the certificate of purchase
forthwith. If the court thereafter |
9 | | determines that a claim for interest
lies under this Section, |
10 | | it shall award such interest from the date of sale
to the date |
11 | | the principal amount was paid. If the owner of the certificate |
12 | | of purchase files an objection to the county collector's |
13 | | intention to declare an administrative sale in error, as |
14 | | provided under subsection (c) of Section 21-310, and, |
15 | | thereafter, the county collector elects to apply to the |
16 | | circuit court for a sale in error under subsection (a) of |
17 | | Section 21-310, then, if the circuit court grants the county |
18 | | collector's application for a sale in error, the court may not |
19 | | award interest to the owner of the certificate of purchase for |
20 | | the period after the mailing date of the county collector's |
21 | | notice of intention to declare an administrative sale in |
22 | | error.
|
23 | | (Source: P.A. 94-662, eff. 1-1-06.)
|
24 | | (35 ILCS 200/21-330)
|
25 | | Sec. 21-330. Fund for payment of interest. In all counties |
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1 | | of less than 3,000,000 inhabitants, the county board, by |
2 | | resolution, may impose a fee for payment of interest and |
3 | | costs. Each person purchasing any property at a sale under |
4 | | this Code shall pay to the county collector, prior to the |
5 | | issuance of any certificate of purchase, a fee of up to $60 for |
6 | | each item purchased.
Each person purchasing
any
property at a |
7 | | sale held under this Code in a county with 3,000,000 or more
|
8 | | inhabitants shall pay to the county collector,
prior to the |
9 | | issuance of any certificate of purchase, a fee of $100 for each
|
10 | | item purchased. That amount shall be included in the
price |
11 | | paid for the certificate of purchase and the amount required |
12 | | to redeem
under Section 21-355.
|
13 | | All sums of money received under this Section shall be |
14 | | paid by the
collector to the county treasurer of the county in |
15 | | which the property is
situated for deposit into a special |
16 | | fund. It
shall be the duty of the county treasurer, as trustee |
17 | | of the fund, to
invest the principal and income of the fund |
18 | | from time to time, if not
immediately required for payments |
19 | | under this Section, in investments as are
authorized by |
20 | | Sections 3-10009 and 3-11002 of the Counties Code. The fund
|
21 | | shall be held to pay interest and costs
by the county treasurer |
22 | | as trustee of the fund. No payment shall be made
from the fund |
23 | | except by order of the court declaring a sale in error under
|
24 | | Section 21-310, 22-35, or 22-50
or by declaration of the |
25 | | county collector under subsection (c) of Section
21-310.
|
26 | | Payments under this Section are subject to the provisions of |
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1 | | subsection (a) of Section 21-315 concerning sales in error |
2 | | declared under Section 22-50 in counties of 3,000,000 or more |
3 | | inhabitants. Any moneys accumulated in the fund by the county |
4 | | treasurer in excess of (i) $100,000 in counties with 250,000 |
5 | | or less inhabitants or (ii) $500,000 in counties with more |
6 | | than 250,000 inhabitants shall be paid each year prior to the |
7 | | commencement of the
annual tax sale, first to satisfy
any |
8 | | existing unpaid judgments entered pursuant to Section 21-295, |
9 | | and any funds
remaining thereafter shall be paid to the |
10 | | general fund of the county.
|
11 | | (Source: P.A. 100-1070, eff. 1-1-19 .)
|
12 | | (35 ILCS 200/21-350)
|
13 | | Sec. 21-350. Period of redemption. Property sold under |
14 | | this Code may be
redeemed at any time before the expiration of |
15 | | 2 years from the date of sale,
except that:
|
16 | | (a) If on the date of sale the property is vacant |
17 | | non-farm property or
property containing an improvement |
18 | | consisting of a structure or structures with
7 or more |
19 | | residential units or that is commercial or industrial |
20 | | property, it
may be redeemed at any time before the |
21 | | expiration of 1 year 6 months from the date of
sale if the |
22 | | property, at the time of sale, was for each of 2 or more |
23 | | years
delinquent or forfeited for all or part of the |
24 | | general taxes due on the
property .
|
25 | | (b) (Blank) If on the date of sale the property sold |
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1 | | was improved with a
structure consisting of at least one |
2 | | and not more than 6 dwelling units it
may be redeemed at |
3 | | any time on or before the expiration of 2 years and 6
|
4 | | months from the date of sale. If, however, the court that |
5 | | ordered the
property sold, upon the verified petition of |
6 | | the holder of the certificate of
purchase brought within 4 |
7 | | months from the date of sale, finds and declares that
the |
8 | | structure on the property is abandoned, then the court may |
9 | | order that the
property may be redeemed at any time on or |
10 | | before the expiration of 2 years
from the date of sale. |
11 | | Notice of the hearing on a petition to declare the
|
12 | | property abandoned shall be given to the owner or owners |
13 | | of the property and to
the person in whose name the taxes |
14 | | were last assessed, by certified or
registered mail sent |
15 | | to their last known addresses at least 5 days before the
|
16 | | date of the hearing .
|
17 | | (c) If the period of redemption has been extended by |
18 | | the certificate
holder as provided in Section 21-385 or |
19 | | Section 22-5 , the property may be redeemed on or before
|
20 | | the extended redemption date. The changes made to this |
21 | | Section by this amendatory Act of the 103rd General |
22 | | Assembly apply to matters concerning tax certificates |
23 | | issued on or after January 1, 2024.
|
24 | | (Source: P.A. 86-286; 86-413; 86-418; 86-949; 86-1028;
|
25 | | 86-1158; 86-1481; 87-145; 87-236; 87-435; 87-895; 87-1189; |
26 | | 88-455.)
|
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1 | | (35 ILCS 200/21-355)
|
2 | | Sec. 21-355. Amount of redemption. Any person desiring to |
3 | | redeem shall
deposit an amount specified in this Section with |
4 | | the county clerk of the
county in which the property is |
5 | | situated,
in legal money of the United States, or by cashier's |
6 | | check, certified check,
post office money order or money order |
7 | | issued by a financial institution
insured by an agency or |
8 | | instrumentality of the United States, payable to the
county |
9 | | clerk of the proper county. The deposit shall be deemed timely |
10 | | only
if actually received in person at the county clerk's |
11 | | office prior to the close
of business as defined in Section |
12 | | 3-2007 of the Counties Code on or before the
expiration of the |
13 | | period of redemption or by United
States mail with a post |
14 | | office cancellation mark dated not less than one day
prior to |
15 | | the expiration of the period of redemption. The deposit shall
|
16 | | be
in an amount equal to the total of the
following:
|
17 | | (a) the certificate amount, which shall include all |
18 | | tax principal,
special assessments, interest and penalties |
19 | | paid by the tax purchaser together
with costs and fees of |
20 | | sale and fees paid under Sections 21-295 and 21-315
|
21 | | through 21-335, except for the nonrefundable $80 fee paid, |
22 | | pursuant to Section 21-295, for each item purchased at the |
23 | | tax sale;
|
24 | | (b) the accrued penalty, computed through the date of |
25 | | redemption as a
percentage of the certificate amount, as |
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1 | | follows:
|
2 | | (1) if the redemption occurs on or before the |
3 | | expiration of 6 months
from the date of sale, the |
4 | | certificate amount times the penalty bid at sale;
|
5 | | (2) if the redemption occurs after 6 months from |
6 | | the date of sale,
and on or before the expiration of 12 |
7 | | months from the date of sale, the
certificate amount |
8 | | times 2 times the penalty bid at sale;
|
9 | | (3) if the redemption occurs after 12 months from |
10 | | the date of sale
and on or before the expiration of 18 |
11 | | months from the date of sale, the
certificate amount |
12 | | times 3 times the penalty bid at sale;
|
13 | | (4) if the redemption occurs after 18 months from |
14 | | the date
of sale and on or before the expiration of 24 |
15 | | months from the date of sale,
the certificate amount |
16 | | times 4 times the penalty bid at sale;
|
17 | | (5) if the redemption occurs after 24 months from |
18 | | the date of sale
and on or before the expiration of 30 |
19 | | months from the date of sale, the
certificate amount |
20 | | times 5 times the penalty bid at sale;
|
21 | | (6) if the redemption occurs after 30 months from |
22 | | the date of sale
and on or before the expiration of 36 |
23 | | months from the date of sale, the
certificate amount |
24 | | times 6 times the penalty bid at sale.
|
25 | | In the event that the property to be redeemed has been |
26 | | purchased
under Section 21-405 before January 1, 2024 , the |
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1 | | penalty bid shall be 12% per penalty
period as set forth in |
2 | | subparagraphs (1) through (6) of this subsection (b).
The |
3 | | changes to this subdivision (b)(6) made by this amendatory |
4 | | Act of the
91st General Assembly are not a new enactment, |
5 | | but declaratory of existing
law.
|
6 | | If the property to be redeemed is property with |
7 | | respect to which a tax lien or certificate is acquired on |
8 | | or after January 1, 2024 by the county as trustee pursuant |
9 | | to Section 21-90, the penalty bid is 0.75% and shall |
10 | | accrue monthly instead of according to the penalty periods |
11 | | established in subparagraphs (1) through (6) of this |
12 | | subsection (b). |
13 | | (c) The total of all taxes, special assessments, |
14 | | accrued interest on those
taxes and special assessments |
15 | | and costs charged in connection with the payment
of those |
16 | | taxes or special assessments, except for the nonrefundable |
17 | | $80 fee paid, pursuant to Section 21-295, for each item |
18 | | purchased at the tax sale, which have been paid by the tax
|
19 | | certificate holder on or after the date those taxes or |
20 | | special assessments
became delinquent together with 12% |
21 | | penalty on each amount so paid for each
year or portion |
22 | | thereof intervening between the date of that payment and |
23 | | the
date of redemption.
In counties with less than |
24 | | 3,000,000 inhabitants, however, a tax certificate
holder |
25 | | may not pay
all or part of an installment of a subsequent |
26 | | tax or special assessment for any
year, nor shall any
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1 | | tender of such a payment be accepted, until after the |
2 | | second or final
installment
of the subsequent tax or |
3 | | special assessment has become delinquent
or until after |
4 | | the
holder of the certificate of purchase has filed a |
5 | | petition for a tax deed under
Section 22.30.
The person
|
6 | | redeeming shall also pay the amount of interest charged on |
7 | | the subsequent tax
or special assessment and paid as a |
8 | | penalty by the tax certificate holder.
This amendatory Act |
9 | | of
1995 applies to tax years beginning with the 1995 |
10 | | taxes, payable in 1996, and
thereafter.
|
11 | | (d) Any amount paid to redeem a forfeiture occurring |
12 | | before January 1, 2024 but after subsequent to the
tax |
13 | | sale together with 12% penalty thereon for each year or |
14 | | portion thereof
intervening between the date of the |
15 | | forfeiture redemption and the date of
redemption from the |
16 | | sale.
|
17 | | (e) Any amount paid by the certificate holder for |
18 | | redemption of a
subsequently occurring tax sale , including |
19 | | tax liens or certificates held by the county as trustee, |
20 | | pursuant to Section 21-90 .
|
21 | | (f) All fees paid to the county clerk under Section |
22 | | 22-5.
|
23 | | (g) All fees paid to the registrar of titles incident |
24 | | to registering
the tax certificate in compliance with the |
25 | | Registered Titles (Torrens) Act.
|
26 | | (h) All fees paid to the circuit clerk and the |
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1 | | sheriff, a licensed or registered private detective, or |
2 | | the
coroner in connection with the filing of the petition |
3 | | for tax deed and
service of notices under Sections 22-15 |
4 | | through 22-30 and 22-40 in addition to
(1) a fee of $35 if |
5 | | a petition for tax deed has been filed, which fee shall
be |
6 | | posted to the tax judgement, sale, redemption, and |
7 | | forfeiture record, to be
paid to the purchaser or his or |
8 | | her assignee; (2) a fee of $4 if a notice under
Section |
9 | | 22-5 has been filed, which fee shall be posted
to the tax |
10 | | judgment, sale, redemption, and forfeiture record, to be |
11 | | paid to
the purchaser or his or her assignee; (3) all costs |
12 | | paid to record a
lis pendens notice in connection with |
13 | | filing a petition under this Code; and (4) if a petition |
14 | | for tax deed has been filed, all fees up to $150 per |
15 | | redemption paid to a registered or licensed title |
16 | | insurance company or title insurance agent for a title |
17 | | search to identify all owners, parties interested, and |
18 | | occupants of the property, to be paid to the purchaser or |
19 | | his or her assignee.
The fees in (1) and (2) of this |
20 | | paragraph (h) shall be exempt from the posting
|
21 | | requirements of Section 21-360. The costs incurred in |
22 | | causing notices to be served by a licensed or registered |
23 | | private detective under Section 22-15, may not exceed the |
24 | | amount that the sheriff would be authorized by law to |
25 | | charge if those notices had been served by the sheriff.
|
26 | | (i) All fees paid for publication of notice of the tax |
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1 | | sale in
accordance with Section 22-20.
|
2 | | (j) All sums paid to any county, city, village or |
3 | | incorporated town for
reimbursement under Section 22-35.
|
4 | | (k) All costs and expenses of receivership under |
5 | | Section 21-410, to the
extent that these costs and |
6 | | expenses exceed any income from the property in
question, |
7 | | if the costs and expenditures have been approved by the |
8 | | court
appointing the receiver and a certified copy of the |
9 | | order or approval is filed
and posted by the certificate |
10 | | holder with the county clerk. Only actual costs
expended |
11 | | may be posted on the tax judgment, sale, redemption and |
12 | | forfeiture
record.
|
13 | | (Source: P.A. 101-659, eff. 3-23-21.)
|
14 | | (35 ILCS 200/21-370)
|
15 | | Sec. 21-370. Redemption of forfeited property. Except as |
16 | | otherwise provided
in Section 21-375, any property forfeited |
17 | | to the county state may be redeemed or sold
in the following |
18 | | manner:
|
19 | | When property has been forfeited for delinquent general |
20 | | taxes,
the person desiring to redeem shall apply to the county |
21 | | clerk who shall order
the county collector to receive from the |
22 | | person the amount of the forfeited
general taxes, statutory |
23 | | costs, interest prior to forfeiture, printer's fees
due |
24 | | thereon and, in addition, forfeiture interest at a rate of 12% |
25 | | per year or
fraction thereof. Upon presentation of the county |
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1 | | clerk's order to the county
collector, the collector shall |
2 | | receive the amount due on account of forfeited
general taxes |
3 | | and give the person duplicate receipts, setting forth a
|
4 | | description of the property and amount received. One of the |
5 | | receipts shall be
countersigned by the county clerk and, when |
6 | | so countersigned, shall be evidence
of the redemption of the |
7 | | property. The receipt shall not be valid until it is
|
8 | | countersigned by the county clerk. The other receipt shall be |
9 | | filed by the
county clerk in his or her office, and the clerk |
10 | | shall make a proper entry of
the redemption of the property on |
11 | | the appropriate books in his or her office
and charge the |
12 | | amount of the redemption to the county collector.
|
13 | | In counties with 3,000,000 or more inhabitants, when
|
14 | | property has been forfeited because of the nonpayment of
|
15 | | delinquent special assessments, the county clerk shall collect |
16 | | from the person
desiring to redeem the amount due on the |
17 | | delinquent special assessment,
together with the interest, |
18 | | costs and penalties fixed by law, and shall
issue a receipt |
19 | | therefor setting forth a description of the property and
the |
20 | | amount received. The receipt shall be evidence of the |
21 | | redemption of
the property therein described. In addition, the |
22 | | city comptroller or other
officer designated and authorized by |
23 | | the city council, board of trustees or
other governing body of |
24 | | any municipal corporation which levied any special
assessment |
25 | | shall have power to collect the amounts due on properties
|
26 | | which have been forfeited, and the interest and penalties due |
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1 | | thereon,
based upon an estimate of the cost of redemption |
2 | | computed by the county
clerk and at a rate to be fixed by the |
3 | | city council, board of trustees
or other governing body as to |
4 | | the interest and penalties due thereon and
shall issue a |
5 | | receipt therefor. The person receiving the receipt shall
file |
6 | | with the county clerk the receipt of the municipal officer |
7 | | that
such special assessments and interest and penalties have |
8 | | been paid. Upon
the presentation of the receipt the county |
9 | | clerk shall issue to the person
a certificate of cancellation |
10 | | setting forth a description of the property,
the special |
11 | | assessment warrant and installment, and the amount received by |
12 | | the
municipal officer. The certificate of cancellation shall |
13 | | be evidence
of the redemption of the property therein |
14 | | described. The city council, board of
trustees, or other |
15 | | governing body may authorize the municipal officer to waive
|
16 | | penalties for the first year in excess of 7%. The form of the |
17 | | receipt of
redemption for filing with the county clerk shall |
18 | | be as prescribed by law.
|
19 | | In counties with less than 3,000,000 inhabitants, when |
20 | | property has been
forfeited in whole or in part for the |
21 | | non-payment of delinquent special
assessments, the person |
22 | | desiring to redeem shall apply to the municipal
collector who |
23 | | shall receive the amount due on the delinquent special
|
24 | | assessment, together with the interest, costs and penalties |
25 | | fixed by law, and
issue a certificate therefor. The recipient |
26 | | shall file the certificate of the
municipal collector that the |
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1 | | special assessments and the costs, interest and
penalties |
2 | | thereon have been paid with the county clerk. The municipal
|
3 | | collector's certificate of payment shall be filed by the |
4 | | county clerk in his or
her office and the clerk shall make a |
5 | | proper entry of the redemption on the
books in his or her |
6 | | office.
|
7 | | This Section 21-370 does not apply to any forfeiture that |
8 | | occurs on or after January 1, 2024. |
9 | | (Source: P.A. 87-669; 88-455.)
|
10 | | (35 ILCS 200/21-385)
|
11 | | Sec. 21-385. Extension of period of redemption. |
12 | | (a) For any tax certificates held by a county pursuant to |
13 | | Section 21-90, the redemption period for each tax certificate |
14 | | shall be extended by operation of law until the date |
15 | | established by the county as the redemption deadline in a |
16 | | petition for tax deed filed under Section 22-30. The |
17 | | redemption deadline established in the petition shall be |
18 | | identified in the notices provided under Sections 22-10 |
19 | | through 22-25 of this Code. After a redemption deadline is |
20 | | established in the petition for tax deed, the county may |
21 | | further extend the redemption deadline by filing with the |
22 | | county clerk of the county in which the property is located a |
23 | | written notice to that effect describing the property, |
24 | | identifying the certificate number, and specifying the |
25 | | extended period of redemption. Notwithstanding any expiration |
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1 | | of a prior redemption period, all tax certificates forfeited |
2 | | to the county and held pursuant to Section 21-90 shall remain |
3 | | enforceable by the county or its assignee, and redemption |
4 | | shall be extended by operation of law until the date |
5 | | established by the county as the redemption deadline in a |
6 | | petition for tax deed filed under Section 22-30. |
7 | | (b) Within 60 days of the date of assignment, assignees of |
8 | | forfeited certificates under Section 21-90 or Section 21-145 |
9 | | of this Code must file with the county clerk of the county in |
10 | | which the property is located a written notice describing the |
11 | | property, stating the date of the assignment, identifying the |
12 | | certificate number and specifying a deadline for redemption |
13 | | that is not later than 3 years from the date of assignment. |
14 | | Upon receiving the notice, the county clerk shall stamp the |
15 | | date of receipt upon the notice. If the notice is submitted as |
16 | | an electronic record, the county clerk shall acknowledge |
17 | | receipt of the record and shall provide confirmation in the |
18 | | same manner to the certificate holder. The confirmation from |
19 | | the county clerk shall include the date of receipt and shall |
20 | | serve as proof that the notice was filed with the county clerk. |
21 | | In no event shall a county clerk permit an assignee of |
22 | | forfeited certificates under Section 21-90 or Section 21-145 |
23 | | of this Code to extend the period of redemption beyond 3 years |
24 | | from the date of assignment. If the redemption period expires |
25 | | and no petition for tax deed has been filed under Section |
26 | | 22-30, the assigned tax certificate shall be forfeited to and |
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1 | | held by the county pursuant to Section 21-90. |
2 | | (c) Except for the county as trustee pursuant to Section |
3 | | 21-90, the The
purchaser or his or her assignee of property
|
4 | | sold for nonpayment of general taxes or special assessments |
5 | | may extend
the period of redemption at any time before the |
6 | | expiration of the
original period of redemption, or thereafter |
7 | | prior to the expiration of any
extended period of redemption, |
8 | | but only for a period that which will expire not later than 3
|
9 | | years from the date of sale, by filing with the county clerk of
|
10 | | the county in which the property is located a written notice to |
11 | | that
effect describing the property, stating the date of the |
12 | | sale and
specifying the extended period of redemption. Upon |
13 | | receiving the notice, the county clerk shall stamp the date of |
14 | | receipt upon the notice. If the notice is submitted as an |
15 | | electronic record, the county clerk shall acknowledge receipt |
16 | | of the record and shall provide confirmation in the same |
17 | | manner to the certificate holder. The confirmation from the |
18 | | county clerk shall include the date of receipt and shall serve |
19 | | as proof that the notice was filed with the county clerk. The |
20 | | county clerk shall not be required to extend the period of |
21 | | redemption unless the purchaser or his or her assignee obtains |
22 | | this acknowledgement of delivery. If prior to the
expiration |
23 | | of the period of redemption or extended period of redemption
a |
24 | | petition for tax deed has been filed under Section
22-30, upon |
25 | | application of the petitioner, the court shall allow the
|
26 | | purchaser or his or her assignee to extend the period of |
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1 | | redemption after
expiration of the original period or any |
2 | | extended period of redemption,
provided that any extension |
3 | | allowed will expire not later than 3 years from the
date of |
4 | | sale , unless the certificate has been assigned to the county |
5 | | collector by order of the court which ordered the property |
6 | | sold, in which case the period of redemption shall be extended |
7 | | for such period as may be designated by the holder of the |
8 | | certificate, such period not to exceed 36 months from the date |
9 | | of the assignment to the collector . If the period of |
10 | | redemption is extended, the purchaser or his or
her assignee |
11 | | must give the notices provided for in Section 22-10 at the
|
12 | | specified times prior to the expiration of the extended period |
13 | | of redemption by
causing a sheriff (or if he or she is |
14 | | disqualified, a coroner) of the county in
which the property, |
15 | | or any part thereof, is located to serve the notices as
|
16 | | provided in Sections 22-15 and 22-20.
The notices may also be |
17 | | served as provided in Sections 22-15 and 22-20 by a
special |
18 | | process server appointed by the court under Section 22-15 and |
19 | | as provided in Sections 22-15 and 22-20 .
|
20 | | The changes made to this Section by this amendatory Act of |
21 | | the 103rd General Assembly apply to matters concerning tax |
22 | | certificates issued on or after January 1, 2024. |
23 | | (Source: P.A. 100-890, eff. 1-1-19; 100-975, eff. 8-19-18; |
24 | | 101-81, eff. 7-12-19.)
|
25 | | (35 ILCS 200/21-400)
|
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1 | | Sec. 21-400. Special assessments withdrawn or forfeited .
|
2 | | In counties with 3,000,000 or more inhabitants, the county |
3 | | clerk, upon
request of the city comptroller or other municipal |
4 | | officer authorized by the
city council or board of trustees of |
5 | | any city, village or incorporated town to
make such request, |
6 | | shall issue to the city, village or incorporated town, a
|
7 | | certificate of withdrawal or forfeiture countersigned by the |
8 | | county collector
for each property withdrawn or forfeited for |
9 | | non-payment of any special
assessment. The certificate of |
10 | | withdrawal or forfeiture shall describe the
property withdrawn |
11 | | or forfeited , the date of the withdrawal or forfeiture, and
|
12 | | the amount of the special assessment, interest and costs.
|
13 | | (Source: P.A. 76-2254; 88-455.)
|
14 | | (35 ILCS 200/21-405)
|
15 | | Sec. 21-405. Special assessments withdrawn or forfeited. |
16 | | When property has been forfeited for delinquent general |
17 | | taxes or
special assessments, a person desiring to purchase |
18 | | the property shall make
application to the county clerk. The |
19 | | application shall be accompanied by a
fee of $10 in counties |
20 | | with 3,000,000 or more inhabitants and $5 in counties
with |
21 | | less than 3,000,000 inhabitants for each item on which |
22 | | application is
made. The county clerk shall promptly send |
23 | | notice by registered or certified
mail, return receipt |
24 | | requested, to the party in whose name the general taxes
were |
25 | | last assessed or paid. The notice shall adequately describe |
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1 | | the property,
shall state the name and address of the party in |
2 | | whose name the general taxes
were last assessed or paid, shall |
3 | | recite that application has been made to
purchase the property |
4 | | for forfeited taxes or special assessments
and that the |
5 | | property will be sold unless redemption is made within 30
days |
6 | | of the mailing of notice. For 30 days after the mailing, the
|
7 | | property may be redeemed under Section 21-370.
|
8 | | If redemption is not made, the county clerk shall receive
|
9 | | from the purchaser the amount due on forfeited special |
10 | | assessments,
together with the interest, costs and penalties |
11 | | thereon fixed by law, and
shall issue an order to the county |
12 | | collector directing him or her to receive
from the purchaser |
13 | | the amount of the forfeited general taxes, together with the
|
14 | | costs, interest, fees and forfeiture interest provided in
|
15 | | Section 21-370. In the order, the county clerk shall recite |
16 | | the amounts
received by him or her on account of forfeited |
17 | | special assessments and shall
direct the county collector to |
18 | | issue a receipt in the form of a certificate of
purchase. Upon |
19 | | presentation of the order of the county clerk, the county
|
20 | | collector shall receive the amount due on account of forfeited |
21 | | general taxes,
and shall issue a receipt therefor in the form |
22 | | of a certificate of purchase.
|
23 | | The certificate of purchase shall set forth a description |
24 | | of the property,
and the amount paid by the purchaser on |
25 | | account of general taxes and special
assessments, and shall be |
26 | | countersigned by the county clerk. When so
countersigned, the |
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1 | | certificate of purchase shall be evidence of the sale of the
|
2 | | property and of the receipt by the county collector of the |
3 | | amounts ordered to
be received by him or her by the county |
4 | | clerk on account of general taxes, and
evidence of receipt by |
5 | | the county clerk of the amount received by him or her on
|
6 | | account of forfeited special assessments. A certificate of |
7 | | purchase shall not
be valid until it is countersigned by the |
8 | | county clerk. Upon countersigning
the certificate, the county |
9 | | clerk shall make a proper entry of the sale of the
property on |
10 | | the appropriate books, and charge the amount of the sale money |
11 | | of
forfeited general taxes to the collector.
|
12 | | Property purchased under this Section shall be subject to |
13 | | redemption,
notice, etc., the same as if sold under Section |
14 | | 21-110 through 21-120. Any
special assessment which has been |
15 | | withdrawn from collection by the municipality
levying it shall |
16 | | not be subject to sale, but the purchaser, prior to the entry
|
17 | | of any order for the issuance of a tax deed based on a sale |
18 | | under this Section,
shall pay to the officer entitled to |
19 | | receive the amount due on all the
withdrawn special |
20 | | assessments. The purchaser may file his or her receipts with
|
21 | | the county clerk and have them posted on the tax judgment, |
22 | | sale, redemption and
forfeiture record at the same rate of |
23 | | penalty and in the same manner as in the
case of payment of |
24 | | taxes and special assessments accruing after the sale, as
|
25 | | provided in Section 21-355.
|
26 | | This Section does not apply to any application or |
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1 | | forfeiture that occurs on or after January 1, 2024. |
2 | | (Source: P.A. 87-669; 88-455.)
|
3 | | (35 ILCS 200/21-430)
|
4 | | Sec. 21-430. Partial settlement. In the event an owner or |
5 | | party interested
requests to make settlement on a part of the |
6 | | property sold to a municipality,
withdrawn from collection or |
7 | | forfeited to the county State for the non-payment of
special |
8 | | assessments, the municipal officer is hereby authorized to |
9 | | accept the
pro rata amount of any or all installments of the |
10 | | special assessment. That
amount shall be computed by the board |
11 | | of local improvements, or other board or
officer levying the |
12 | | special assessment, together with interest, costs and
|
13 | | penalties as provided by law.
|
14 | | A petition containing the computation shall then be |
15 | | presented by the
municipality to the court wherein the |
16 | | original assessment was confirmed.
The petition shall bear the |
17 | | same number and title as the original
proceeding. At least 10 |
18 | | days before the date set for the
hearing of the petition, |
19 | | notices shall be sent by mail, postpaid, to each
of the persons |
20 | | who last paid the general taxes on the property
originally |
21 | | assessed. The notices shall contain the description of the
|
22 | | property as originally assessed, as it is to be divided, and |
23 | | the division
of the original assessment, or installments |
24 | | thereof, together with
interest, costs and penalties, showing |
25 | | the amount to be charged against
each part of the property of |
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1 | | land so divided, the date when the
petition is to be heard, and |
2 | | the date when objections thereto may be filed.
|
3 | | An affidavit by one of the members of the board of local |
4 | | improvements, or
other board or officer computing the |
5 | | division, attesting to the mailing is
prima facie evidence of |
6 | | a compliance with this Section. The court shall proceed
to |
7 | | determine a fair and equitable division of the assessment, or |
8 | | any
installment thereof, together with all interest, penalties |
9 | | and costs. The
court shall order the cancellation of the |
10 | | certificate of sale, withdrawal or
forfeiture on any part of |
11 | | the property if settlement is made within 10 days
from the date |
12 | | of the court's order.
|
13 | | The county clerk may note on the certificate the partial |
14 | | cancellation and
shall issue a certificate of cancellation on |
15 | | that part of the property and
return the certificate to the |
16 | | municipality. Where a certificate of forfeiture
or withdrawal |
17 | | has not been issued, the county clerk may accept the Receipt of
|
18 | | Deposit for Redemption, issued by the municipal officer, as |
19 | | provided by law,
and the clerk shall issue a certificate of |
20 | | cancellation on that part of the
property. He or she shall make |
21 | | proper entry on his or her records showing the
part of the |
22 | | property on which settlement has been made and the amount due |
23 | | on
the balance.
|
24 | | (Source: P.A. 83-358; 88-455.)
|
25 | | (35 ILCS 200/22-5)
|
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1 | | Sec. 22-5. Notice of sale and redemption rights. In order |
2 | | to be
entitled to a tax deed, within 4 months and 15 days after |
3 | | any
sale held under this Code, the purchaser
or his or her |
4 | | assignee , and the county for all forfeited certificates from |
5 | | the annual sale, shall deliver to the county clerk a notice
to |
6 | | be given to the party in whose name the taxes are last assessed |
7 | | as
shown by the most recent tax collector's warrant books, in |
8 | | at least 10
point type in the following form completely filled |
9 | | in:
|
10 | | TAKE NOTICE
|
11 | | County of ...............................................
|
12 | | Date Premises Sold or Forfeited ..........................
|
13 | | Certificate No. .........................................
|
14 | | Sold for General Taxes of (year) ........................
|
15 | | Sold for Special Assessment of (Municipality)
|
16 | | and special assessment number ...........................
|
17 | | Warrant No. ............... Inst. No. .................
|
18 | | THIS PROPERTY HAS BEEN SOLD FOR
|
19 | | DELINQUENT TAXES
|
20 | | Property Address (as identified on the most recent tax bill, |
21 | | if available) Property located at .
|
22 | | Legal Description or Property Index No. .....................
|
23 | | Property Classification ...................................... |
24 | | ...................
|
25 | | .............................................................
|
26 | | This notice is to advise you that the above property has |
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1 | | been
sold for delinquent taxes and that the period of |
2 | | redemption from
the sale will expire on .....................
|
3 | | This notice is also to advise you that a petition may will |
4 | | be filed for a
tax deed which will transfer title and the right |
5 | | to possession of the above-referenced this
property |
6 | | ("Property") if redemption is not made on or before the |
7 | | redemption deadline. .............................................................
|
8 | | To determine the redemption deadline and the total amount |
9 | | you must pay to redeem the sold taxes, you must immediately |
10 | | contact the County Clerk at the address, phone number, or |
11 | | email address below. Check with the County Clerk for the exact |
12 | | amount you owe before redeeming. Payment must be made by |
13 | | certified check, cashier's check, money order, or in cash to |
14 | | the County Clerk. |
15 | | At the date of this notice the total amount which you must |
16 | | pay in order
to redeem the above property is ................
|
17 | | YOU ARE URGED TO REDEEM IMMEDIATELY TO
|
18 | | PREVENT LOSS OF PROPERTY
|
19 | | Property sold under the Property Tax Code may be redeemed |
20 | | by any owner or person holding an interest in the Property at |
21 | | any time before the following deadlines (based on property |
22 | | classification as of the Date of Sale): |
23 | | You must redeem your taxes within one year of the Date of |
24 | | Sale for the following classifications: |
25 | | (1) vacant non-farm property; |
26 | | (2) property containing an improvement consisting of a |
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1 | | structure or structures with 7 or more residential units; |
2 | | and |
3 | | (3) commercial or industrial property. |
4 | | You must redeem your taxes within 2 1/2 years of the Date |
5 | | of Sale for the following classifications: |
6 | | (1) all residential property with less than 6 units; |
7 | | and |
8 | | (2) all other property not covered by the 1-year |
9 | | redemption period outlined above. |
10 | | Redemption deadlines may have been extended by the |
11 | | certificate holder or pursuant to Illinois law. To confirm the |
12 | | redemption deadline, you must contact the County Clerk at the |
13 | | address, telephone number, or email address below. Redemption |
14 | | can be made at any time on or before .... by applying to
the |
15 | | County Clerk of .... County, Illinois at the Office of the |
16 | | County Clerk in
...., Illinois. The address, telephone number, |
17 | | and email address for the County Clerk is as follows:
|
18 | | The above amount is subject to increase at 6 month |
19 | | intervals from the
date of sale. Check with the county clerk as |
20 | | to the exact amount you owe
before redeeming. Payment must be |
21 | | made by certified check, cashier's check,
money order, or in |
22 | | cash.
|
23 | | For further information contact the County Clerk
|
24 | | ADDRESS:............................
|
25 | | TELEPHONE:..........................
|
26 | | For further information about the redemption deadline, |
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1 | | redemption amount, or payment process, please contact the |
2 | | County Clerk.
|
3 | | ...............................
|
4 | | Purchaser or Assignee
|
5 | | Dated (insert date).
|
6 | | Within 10 days after receipt of said notice, the county |
7 | | clerk shall mail
to the addresses supplied by the purchaser or |
8 | | assignee, by registered or
certified mail, copies of said |
9 | | notice to the party in whose name the taxes
are last assessed |
10 | | as shown by the most recent tax collector's warrant books.
|
11 | | With the exception of a county or taxing district acquiring |
12 | | certificates pursuant to Section 21-90 and 21-260, all |
13 | | purchasers or assignees shall pay to the clerk postage plus |
14 | | the sum of $10.
The clerk shall write or stamp the date of |
15 | | receiving the notices upon the
copies of the notices, and |
16 | | retain one copy.
|
17 | | With the exception of forfeited tax liens or certificates |
18 | | held by the county pursuant to Section 21-90, all redemption |
19 | | periods shall begin on the date of sale. For forfeited tax |
20 | | liens or certificates held by the county pursuant to Section |
21 | | 21-90, the county may cure any defect in a notice, or failure |
22 | | to send a notice as required by this Section, by delivering to |
23 | | the county clerk a notice to be given to the party in whose |
24 | | name the taxes are last assessed as shown by the most recent |
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1 | | tax collector's warrant books. The redemption period begins on |
2 | | the date the county delivered the corrected notice to the |
3 | | clerk, if such extension is otherwise permitted by law. |
4 | | The changes to this Section made by this amendatory Act of |
5 | | the 97th General Assembly apply only to tax sales that occur on |
6 | | or after the effective date of this amendatory Act of the 97th |
7 | | General Assembly. |
8 | | The changes made to this Section by this amendatory Act of |
9 | | the 103rd General Assembly apply to matters concerning tax |
10 | | certificates issued on or after the effective date of this |
11 | | amendatory Act of the 103rd General Assembly. |
12 | | (Source: P.A. 102-815, eff. 5-13-22.)
|
13 | | (35 ILCS 200/22-10)
|
14 | | Sec. 22-10. Notice of expiration of period of redemption. |
15 | | A purchaser or assignee shall not be entitled to a tax deed to |
16 | | the
property sold unless, not less than 3 months nor more than |
17 | | 6 months prior to
the expiration of the period of redemption, |
18 | | he or she gives notice of the
sale and the date of expiration |
19 | | of the period of redemption to the
owners, occupants, and |
20 | | parties interested in the property, including any
mortgagee of |
21 | | record, as provided below. For counties or taxing districts |
22 | | holding certificates pursuant to Section 21-90, the date of |
23 | | expiration of the period of redemption shall be designated by |
24 | | the county or taxing district in its petition for tax deed and |
25 | | identified in the notice below, which shall be filed with the |
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1 | | county clerk. the
|
2 | | The Notice to be given to the parties shall be in at least |
3 | | 10-point 10 point
type in the following form completely filled |
4 | | in:
|
5 | | TAX DEED NO. .................... FILED ....................
|
6 | | TAKE NOTICE
|
7 | | County of ...............................................
|
8 | | Date Premises Sold or Forfeited ..........................
|
9 | | Certificate No. ........................................
|
10 | | Sold or Forfeited for General Taxes of (year) ...........
|
11 | | Sold for Special Assessment of (Municipality)
|
12 | | and special assessment number ...........................
|
13 | | Warrant No. ................ Inst. No. .................
|
14 | | THIS PROPERTY HAS BEEN SOLD FOR
|
15 | | DELINQUENT TAXES
|
16 | | Property Address (as identified on the most recent tax bill, |
17 | | if available) Property located at .
|
18 | | Legal Description or Property Index No. .....................
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19 | | .............................................................
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20 | | .............................................................
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21 | | This notice is to advise you that the above property has
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22 | | been sold for delinquent taxes and that the period of
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23 | | redemption from the sale will expire on .....................
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24 | | .............................................................
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25 | | The amount to redeem is subject to increase at 6 month |
26 | | intervals from
the date of sale and may be further increased if |
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1 | | the purchaser at the tax
sale or his or her assignee pays any |
2 | | subsequently accruing taxes or special
assessments to redeem |
3 | | the property from subsequent forfeitures or tax sales.
Check |
4 | | with the county clerk as to the exact amount you owe before |
5 | | redeeming.
|
6 | | This notice is also to advise you that a petition has been |
7 | | filed for
a tax deed which will transfer title and the right to |
8 | | possession of this
property if redemption is not made on or |
9 | | before ......................................................
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10 | | This matter is set for hearing in the Circuit Court of this |
11 | | county in
...., Illinois on .....
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12 | | You may be present at this hearing but your right to redeem |
13 | | will
already have expired at that time.
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14 | | YOU ARE URGED TO REDEEM IMMEDIATELY
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15 | | TO PREVENT LOSS OF PROPERTY
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16 | | Redemption can be made at any time on or before .... by |
17 | | applying to
the County Clerk of ...., County, Illinois at the |
18 | | Office of the County Clerk in
...., Illinois.
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19 | | For further information contact the County Clerk
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20 | | ADDRESS:....................
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21 | | TELEPHONE:..................
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22 | | ..........................
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23 | | Purchaser or Assignee.
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24 | | Dated (insert date).
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1 | | In counties with 3,000,000 or more inhabitants, the notice |
2 | | shall also state
the address, room number , and time at which |
3 | | the matter is set for hearing.
|
4 | | The changes to this Section made by Public Act 97-557 |
5 | | apply only to matters in which a petition for tax deed is filed |
6 | | on or after July 1, 2012 (the effective date of Public Act |
7 | | 97-557).
|
8 | | The changes to this Section made by Public Act 102-1003 |
9 | | this amendatory Act of the 102nd General Assembly apply to |
10 | | matters in which a petition for tax deed is filed on or after |
11 | | May 27, 2022 ( the effective date of Public Act 102-1003) this |
12 | | amendatory Act of the 102nd General Assembly . Failure of any |
13 | | party or any public official to comply with the changes made to |
14 | | this Section by Public Act 102-528 does not invalidate any tax |
15 | | deed issued prior to May 27, 2022 ( the effective date of Public |
16 | | Act 102-1003) this amendatory Act of the 102nd General |
17 | | Assembly . |
18 | | The changes made to this Section by this amendatory Act of |
19 | | the 103rd General Assembly apply to matters concerning tax |
20 | | certificates issued on or after the effective date of this |
21 | | amendatory Act of the 103rd General Assembly. |
22 | | (Source: P.A. 102-528, eff. 1-1-22; 102-813, eff. 5-13-22; |
23 | | 102-1003, eff. 5-27-22; revised 9-1-22.)
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24 | | (35 ILCS 200/22-15)
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25 | | Sec. 22-15. Service of notice. The purchaser or his or her |
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1 | | assignee shall
give the notice required by Section 22-10 by |
2 | | causing it to be published in a
newspaper as set forth in |
3 | | Section 22-20. In addition, the notice shall be
served upon |
4 | | owners who reside on any part of the subject property by |
5 | | leaving a copy of the notice with those owners personally. The |
6 | | notice must be served by a sheriff (or if he or she is |
7 | | disqualified, by a coroner) of the
county in which the |
8 | | property, or any part thereof, is located or, except in Cook |
9 | | County, by a person who is licensed or registered as a private |
10 | | detective under the Private Detective, Private Alarm, Private |
11 | | Security, Fingerprint Vendor, and Locksmith Act of 2004 upon |
12 | | owners who
reside on any part of the property sold by leaving a |
13 | | copy of the notice with
those owners personally .
|
14 | | In counties of 3,000,000 or more inhabitants, if the |
15 | | notice required by Section 22-10 is to be served by the |
16 | | sheriff, no sale in error may be declared pursuant to Section |
17 | | 22-50 or subparagraph (5) of subsection (a) of Section 21-310 |
18 | | based upon the sheriff's failure to serve the notice in |
19 | | accordance with this Section unless the notice and service |
20 | | list for the first service attempt is delivered by the |
21 | | purchaser or assignee to the sheriff at least 5 months prior to |
22 | | the expiration of the period of redemption. Purchasers or |
23 | | assignees may request that the sheriff make additional service |
24 | | attempts to the same entities and locations, and the sheriff |
25 | | may make those additional attempts within the noticing period |
26 | | established in Section 22-10, but the sheriff's failure to |
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1 | | make such additional service attempts is not grounds for a |
2 | | sale in error under Section 22-50 or subparagraph (5) of |
3 | | subsection (a) of Section 21-310. |
4 | | In counties of 3,000,000 or more inhabitants, if the |
5 | | purchaser or assignee requests that the sheriff make an |
6 | | additional service attempt upon an entity or to a location |
7 | | that was not included on the service list for the first |
8 | | attempt, then the purchaser or assignee must deliver the |
9 | | notice and service list for the additional service attempt to |
10 | | the sheriff at least 4 months before the expiration of the |
11 | | period of redemption. If the purchaser or assignee delivers |
12 | | the notice and service list for an additional service attempt |
13 | | upon an entity or to a location that was not included on the |
14 | | service list for the first attempt to the sheriff at least 4 |
15 | | months before the expiration of the period of redemption, then |
16 | | the sheriff's failure to serve the notice in accordance with |
17 | | this Section may be grounds for a sale in error under Section |
18 | | 22-50 but not under subparagraph (5) of subsection (a) of |
19 | | Section 21-310. If the purchaser or assignee fails to deliver |
20 | | the notice and service list for an additional service attempt |
21 | | upon an entity or to a location that was not included on the |
22 | | first service list to the sheriff at least 4 months prior to |
23 | | the expiration of the period of redemption, then the sheriff's |
24 | | failure to serve that additional notice in accordance with |
25 | | this Section is not grounds for a sale in error under either |
26 | | Section 22-50 or subparagraph (5) of subsection (a) of Section |
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1 | | 21-310. |
2 | | In counties of 3,000,000 or more inhabitants where a |
3 | | taxing district is a
petitioner for tax deed pursuant to |
4 | | Section 21-90, in lieu of service by the
sheriff or coroner the |
5 | | notice may be served by a special process server
appointed by |
6 | | the circuit court as provided in this Section. The taxing
|
7 | | district may move prior to filing one or more petitions for tax |
8 | | deed for
appointment of such a special process server. The |
9 | | court, upon being satisfied
that the person named in the |
10 | | motion is at least 18 years of age and is capable
of serving |
11 | | notice as required under this Code, shall enter an order |
12 | | appointing
such person as a special process server for a |
13 | | period of one year. The
appointment may be renewed for |
14 | | successive periods of one year each by motion
and order, and a |
15 | | copy of the original and any subsequent order shall be filed
in |
16 | | each tax deed case in which a notice is served by the appointed |
17 | | person.
Delivery of the notice to and service of the notice by |
18 | | the special process
server shall have the same force and |
19 | | effect as its delivery to and service by
the sheriff or |
20 | | coroner.
|
21 | | The same form of notice shall also be served, in the manner |
22 | | set forth under Sections 2-203,
2-204, 2-205, 2-205.1, and |
23 | | 2-211 of the Code of Civil
Procedure, upon all other owners and
|
24 | | parties interested in the property, if upon diligent inquiry |
25 | | they can be found
in the county, and upon the occupants of the |
26 | | property.
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1 | | If the property sold has more than 4 dwellings or other |
2 | | rental units, and
has a managing agent or party who collects |
3 | | rents, that person
shall be deemed the occupant and shall be |
4 | | served with notice instead of
the occupants of the individual |
5 | | units. If the property has no
dwellings or rental units, but |
6 | | economic or recreational activities are
carried on therein, |
7 | | the person directing such activities shall be deemed
the |
8 | | occupant. Holders of rights of entry and possibilities of |
9 | | reverter
shall not be deemed parties interested in the |
10 | | property.
|
11 | | When a party interested in the property is a trustee, |
12 | | notice served upon the
trustee shall be deemed to have been |
13 | | served upon any beneficiary or note
holder thereunder unless |
14 | | the holder of the note is disclosed of record.
|
15 | | When a judgment is a lien upon the property sold, the |
16 | | holder
of the lien shall be served with notice if the name of |
17 | | the judgment debtor as
shown in the transcript, certified copy |
18 | | or memorandum of judgment
filed of record is identical, as to |
19 | | given name and surname, with the
name of the party interested |
20 | | as it appears of record.
|
21 | | If any owner or party interested, upon diligent inquiry |
22 | | and effort,
cannot be found or served with notice in the county |
23 | | as provided in this
Section, and the person in actual |
24 | | occupancy and possession is tenant to, or in
possession under |
25 | | the owners or the parties interested in the property, then
|
26 | | service of notice upon the tenant, occupant or person in |
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1 | | possession
shall be deemed service upon the owners or parties |
2 | | interested.
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3 | | If any owner or party interested, upon diligent inquiry |
4 | | and effort
cannot be found or served with notice in the county, |
5 | | then the person making the
service shall cause a copy of the |
6 | | notice to be sent by
registered or certified mail, return
|
7 | | receipt requested, to that party at his or her residence, if |
8 | | ascertainable.
|
9 | | The changes to this Section made by Public Act 95-477
|
10 | | apply only to matters in which a petition for tax deed is filed |
11 | | on or after June 1, 2008 (the effective date of Public Act |
12 | | 95-477).
|
13 | | (Source: P.A. 95-195, eff. 1-1-08; 95-477, eff. 6-1-08; |
14 | | 95-876, eff. 8-21-08.)
|
15 | | (35 ILCS 200/22-25)
|
16 | | Sec. 22-25. Mailed notice. In addition to the notice |
17 | | required to be served
not less than one month nor more than 6
|
18 | | months prior to the expiration of the
period of redemption, |
19 | | the purchaser or his or her assignee shall prepare
and deliver |
20 | | to the clerk of the Circuit Court of the county in which the
|
21 | | property is located, not more than 6 months and not less than 3 |
22 | | months 111 days prior to the expiration of the period of |
23 | | redemption, the notice provided for in this Section, together |
24 | | with the
statutory costs for mailing the notice by certified |
25 | | mail, return receipt
requested. The form of notice to be |
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1 | | mailed by the clerk shall be
identical in form to that provided |
2 | | by Section 22-10 for service upon owners
residing upon the |
3 | | property sold, except that it shall bear the signature of the
|
4 | | clerk instead of the name of the purchaser or assignee and |
5 | | shall designate the parties to whom it is to
be mailed. The |
6 | | clerk may furnish the form. The clerk
shall mail the notices |
7 | | delivered to him or her by certified mail,
return receipt |
8 | | requested, not less than 3 months prior to the expiration of |
9 | | the period of redemption. The certificate of the clerk that he |
10 | | or she has
mailed the notices, together with the return |
11 | | receipts, shall be filed
in and made a part of the court |
12 | | record. The notices shall be
mailed to the owners of the |
13 | | property at their last known addresses, and
to those persons |
14 | | who are entitled to service of notice as occupants.
|
15 | | The changes to this Section made by Public Act 97-557 this |
16 | | amendatory Act of the 97th General Assembly shall be construed |
17 | | as being declaratory of existing law and not as a new |
18 | | enactment. |
19 | | The changes to this Section made by Public Act 102-1003 |
20 | | this amendatory Act of the 102nd General Assembly apply to |
21 | | matters in which a petition for tax deed is filed on or after |
22 | | May 27, 2022 ( the effective date of Public Act 102-1003) this |
23 | | amendatory Act of the 102nd General Assembly . Failure of any |
24 | | party or any public official to comply with the changes made to |
25 | | this Section by Public Act 102-528 does not invalidate any tax |
26 | | deed issued prior to May 27, 2022 ( the effective date of Public |
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1 | | Act 102-1003) this amendatory Act of the 102nd General |
2 | | Assembly . |
3 | | (Source: P.A. 102-528, eff. 1-1-22; 102-815, eff. 5-13-22; |
4 | | 102-1003, eff. 5-27-22; revised 8-12-22.)
|
5 | | (35 ILCS 200/22-30)
|
6 | | Sec. 22-30. Petition for deed. At any time within 6
months |
7 | | but not less
than 3 months prior to the expiration of the |
8 | | redemption period for property
sold pursuant to judgment and |
9 | | order of sale under Sections 21-110 through
21-120 or 21-260 |
10 | | or otherwise acquired by the county pursuant to Section 21-90 , |
11 | | the purchaser , or the agent pursuant to Section 21-90, or his |
12 | | or her assignee may file a petition in
the circuit court in the |
13 | | same proceeding in which the judgment and order of
sale were |
14 | | entered, asking that the court direct the county clerk to |
15 | | issue a tax
deed if the property is not redeemed from the sale. |
16 | | The petition shall be
accompanied by the statutory filing fee.
|
17 | | Notice of filing the petition and a date for redemption, |
18 | | after which the date on which the petitioner intends to
apply |
19 | | for an order to issue a tax on the petition that a deed if the |
20 | | taxes are not be issued if the property is not
redeemed , shall |
21 | | be given to occupants, owners and persons interested in the
|
22 | | property as part of the notice provided in Sections 22-10 |
23 | | through 22-25, except
that only one publication is required. |
24 | | The county clerk shall be notified of
the filing of the |
25 | | petition and any person owning or interested in the property
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1 | | may, if he or she desires, appear in the proceeding.
|
2 | | The changes to this Section made by this amendatory Act of |
3 | | the 95th General Assembly apply only to matters in which a |
4 | | petition for tax deed is filed on or after the effective date |
5 | | of this amendatory Act of the 95th General Assembly.
|
6 | | (Source: P.A. 95-477, eff. 6-1-08 .)
|
7 | | (35 ILCS 200/22-35)
|
8 | | Sec. 22-35. Reimbursement of a county or municipality |
9 | | before issuance of tax deed.
Except in any proceeding in which |
10 | | the tax purchaser is a county acting as a
trustee for
taxing |
11 | | districts as provided in Section 21-90,
an order for the |
12 | | issuance of a tax deed under this Code shall not be entered
|
13 | | affecting the title to or interest in any property in which a |
14 | | county, city, village or
incorporated town has an interest |
15 | | under the police and welfare power by
advancements made from |
16 | | public funds, until the purchaser or assignee makes
|
17 | | reimbursement to the county, city, village or incorporated |
18 | | town of the money so
advanced or the county, city, village, or |
19 | | town waives its lien on the property for
the money so advanced. |
20 | | In However, in lieu of reimbursing the county, city, village, |
21 | | or town for any advancement of money that have not been waived |
22 | | reimbursement or waiver , the
purchaser or
his or her
assignee |
23 | | may make application for and the court shall order that the tax
|
24 | | purchase be set aside as a sale in error. However, a A sale in |
25 | | error may not be granted under this Section if : |
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1 | | (1) the lien has been released, satisfied, discharged, |
2 | | or waived ; or |
3 | | (2) the following conditions apply: |
4 | | (A) the county, city, village, or town does not |
5 | | agree to release, discharge, or waive the lien; |
6 | | (B) the aggregate total of all such liens recorded |
7 | | against the property by the county, city, village, or |
8 | | town is less than $5,000; and |
9 | | (C) the lien or liens secure money advanced by the |
10 | | county, city, village, or town to abate conditions on |
11 | | the property that are in violation of Section 11-20-7, |
12 | | Section 11-20-12, or Section 11-20-13 of the Illinois |
13 | | Municipal Code or any other applicable codes or |
14 | | ordinances adopted by a county, city, village or town |
15 | | pursuant to its emergency authority to abate neglected |
16 | | weeds, grass, trees, bushes, garbage, debris, or |
17 | | graffiti from property . |
18 | | A filing or appearance fee shall not
be required of a |
19 | | county, city, village or incorporated town seeking to enforce |
20 | | its
claim under this Section in a tax deed proceeding.
|
21 | | (Source: P.A. 101-379, eff. 1-1-20 .)
|
22 | | (35 ILCS 200/22-40)
|
23 | | Sec. 22-40. Issuance of deed; possession.
|
24 | | (a) To obtain an order for issuance of tax deed, the |
25 | | petitioner must provide sufficient evidence that: If the |
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1 | | (1) the redemption period has expired expires
and the |
2 | | property has not been redeemed ; and |
3 | | (2) all taxes and special assessments
which became due |
4 | | and payable subsequent to the sale have been paid , unless |
5 | | the county or its agent, as trustee pursuant to Section |
6 | | 21-90, is the petitioner; and |
7 | | (3) all
forfeitures and sales which occur subsequent |
8 | | to the sale are paid or redeemed, unless the county or its |
9 | | agent, as trustee pursuant to Section 21-90, is the |
10 | | petitioner; have been redeemed and
|
11 | | (4) the notices required by law have been given , and |
12 | | all advancements of public
funds under the police power |
13 | | made by a county, city, village or town under Section
|
14 | | 22-35 have been paid ; and |
15 | | (5) the petitioner has complied with all the |
16 | | provisions of
law entitling him or her to a deed . |
17 | | Upon receipt of sufficient evidence of the requirements |
18 | | under this subsection (a), the court shall find that the |
19 | | petitioner complied with those requirements and shall enter an |
20 | | order directing the county clerk, on the production of the tax |
21 | | certificate and a certified copy of the order, to issue to the |
22 | | purchaser or its assignee a tax deed. , the court shall so find |
23 | | and shall enter an
order directing the county clerk on the |
24 | | production of the certificate of
purchase and a certified copy |
25 | | of the order, to issue to the purchaser or his or
her assignee |
26 | | a tax deed. The court shall insist on strict compliance with
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1 | | Section 22-10 through 22-25. Prior to the entry of an order |
2 | | directing the
issuance of a tax deed, the petitioner shall |
3 | | furnish the court with a report of
proceedings of the evidence |
4 | | received on the application for tax deed and the
report of |
5 | | proceedings shall be filed and made a part of the court record.
|
6 | | (b) Except as provided in subsection (e), if If taxes for |
7 | | years prior to the year or years sold are or become
delinquent |
8 | | subsequent to the date of sale, the court shall find
that the |
9 | | lien of those delinquent taxes has been or will be merged into |
10 | | the tax
deed grantee's title if the court determines that
the |
11 | | tax deed grantee or any prior holder of the certificate of |
12 | | purchase, or
any
person or entity under common ownership or |
13 | | control with any such grantee or
prior holder of the |
14 | | certificate of purchase, was at no time the holder of any
|
15 | | certificate of purchase for the years sought to be merged.
If |
16 | | delinquent taxes are merged into the tax deed pursuant to this |
17 | | subsection,
the court shall enter an order declaring which |
18 | | specific taxes have been or
will
be merged into the tax deed |
19 | | title and directing the county treasurer and county
clerk to |
20 | | reflect that declaration in the warrant and judgment records;
|
21 | | provided,
that no such order shall be effective until a tax |
22 | | deed has been issued and
timely recorded. Nothing contained in |
23 | | this Section shall relieve any owner
liable for delinquent |
24 | | property taxes under this Code from the payment of the
taxes |
25 | | that have been merged into the title upon issuance of the tax |
26 | | deed.
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1 | | (c) The county clerk is entitled to a fee of $10 in |
2 | | counties of
3,000,000 or more
inhabitants and $5 in counties |
3 | | with less than 3,000,000 inhabitants for the
issuance of the |
4 | | tax deed , with the exception of deeds issued to the county |
5 | | pursuant to its authority under Section 21-90 . The clerk may |
6 | | not include in a tax deed more than
one property as listed, |
7 | | assessed and sold in one description, except in cases
where |
8 | | several properties are owned by one person.
|
9 | | Upon application the court shall, enter an order to place |
10 | | the tax deed
grantee or the grantee's successor in interest in |
11 | | possession of the property and may enter orders and grant |
12 | | relief as
may be necessary or desirable to maintain the |
13 | | grantee or the grantee's successor in interest in possession.
|
14 | | (d) The court shall retain jurisdiction to enter orders |
15 | | pursuant to
subsections (b) and (c) of this Section. This |
16 | | amendatory Act of the 92nd
General Assembly and this |
17 | | amendatory Act of the 95th General Assembly shall be construed |
18 | | as being declarative of existing law
and not as a new |
19 | | enactment.
|
20 | | (e) Prior to the issuance of any tax deed under this |
21 | | Section, the petitioner must redeem all taxes and special |
22 | | assessments on the property that are subject to a pending tax |
23 | | petition filed by a county or its assignee pursuant to Section |
24 | | 21-90. |
25 | | (f) If, for any reason, a purchaser fails to obtain an |
26 | | order for tax deed within the required time period and no sale |
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1 | | in error was granted or redemption paid, then the certificate |
2 | | shall be forfeited to the county, as trustee, pursuant to |
3 | | Section 21-90. |
4 | | (Source: P.A. 98-1162, eff. 6-1-15 .)
|
5 | | (35 ILCS 200/22-60)
|
6 | | Sec. 22-60. Contents of deed; recording. Every tax deed |
7 | | shall contain the
full names and the true post office address |
8 | | and residence of grantee. A county receiving a tax deed |
9 | | pursuant to Section 21-90 may designate a specific county |
10 | | agency to be named as the deed grantee. It shall
not be of any |
11 | | force or effect , and the recipient shall not take title to the |
12 | | property, until after the deed it has been recorded in the |
13 | | office of
the recorder.
|
14 | | (Source: P.A. 83-358; 88-455.)".
|