Bill Text: IL HB0212 | 2009-2010 | 96th General Assembly | Enrolled

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Bill Title: Amends the Property Tax Code. In a Section concerning deposits for redemption, provides that the deposit shall include, if a petition for tax deed has been filed, all fees paid to a registered title insurance company or title insurance agent for a title search.

Spectrum: Bipartisan Bill

Status: (Passed) 2009-08-11 - Public Act . . . . . . . . . 96-0231 [HB0212 Detail]

Download: Illinois-2009-HB0212-Enrolled.html

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AN ACT concerning revenue.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Property Tax Code is amended by changing
Section 21-355 as follows:
(35 ILCS 200/21-355)
Sec. 21-355. Amount of redemption. Any person desiring to
redeem shall deposit an amount specified in this Section with
the county clerk of the county in which the property is
situated, in legal money of the United States, or by cashier's
check, certified check, post office money order or money order
issued by a financial institution insured by an agency or
instrumentality of the United States, payable to the county
clerk of the proper county. The deposit shall be deemed timely
only if actually received in person at the county clerk's
office prior to the close of business as defined in Section
3-2007 of the Counties Code on or before the expiration of the
period of redemption or by United States mail with a post
office cancellation mark dated not less than one day prior to
the expiration of the period of redemption. The deposit shall
be in an amount equal to the total of the following:
(a) the certificate amount, which shall include all tax
principal, special assessments, interest and penalties

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paid by the tax purchaser together with costs and fees of
sale and fees paid under Sections 21-295 and 21-315 through
21-335;
(b) the accrued penalty, computed through the date of
redemption as a percentage of the certificate amount, as
follows:
(1) if the redemption occurs on or before the
expiration of 6 months from the date of sale, the
certificate amount times the penalty bid at sale;
(2) if the redemption occurs after 6 months from
the date of sale, and on or before the expiration of 12
months from the date of sale, the certificate amount
times 2 times the penalty bid at sale;
(3) if the redemption occurs after 12 months from
the date of sale and on or before the expiration of 18
months from the date of sale, the certificate amount
times 3 times the penalty bid at sale;
(4) if the redemption occurs after 18 months from
the date of sale and on or before the expiration of 24
months from the date of sale, the certificate amount
times 4 times the penalty bid at sale;
(5) if the redemption occurs after 24 months from
the date of sale and on or before the expiration of 30
months from the date of sale, the certificate amount
times 5 times the penalty bid at sale;
(6) if the redemption occurs after 30 months from

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the date of sale and on or before the expiration of 36
months from the date of sale, the certificate amount
times 6 times the penalty bid at sale.
In the event that the property to be redeemed has
been purchased under Section 21-405, the penalty bid
shall be 12% per penalty period as set forth in
subparagraphs (1) through (6) of this subsection (b).
The changes to this subdivision (b)(6) made by this
amendatory Act of the 91st General Assembly are not a
new enactment, but declaratory of existing law.
(c) The total of all taxes, special assessments,
accrued interest on those taxes and special assessments and
costs charged in connection with the payment of those taxes
or special assessments, which have been paid by the tax
certificate holder on or after the date those taxes or
special assessments became delinquent together with 12%
penalty on each amount so paid for each year or portion
thereof intervening between the date of that payment and
the date of redemption. In counties with less than
3,000,000 inhabitants, however, a tax certificate holder
may not pay all or part of an installment of a subsequent
tax or special assessment for any year, nor shall any
tender of such a payment be accepted, until after the
second or final installment of the subsequent tax or
special assessment has become delinquent or until after the
holder of the certificate of purchase has filed a petition

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for a tax deed under Section 22.30. The person redeeming
shall also pay the amount of interest charged on the
subsequent tax or special assessment and paid as a penalty
by the tax certificate holder. This amendatory Act of 1995
applies to tax years beginning with the 1995 taxes, payable
in 1996, and thereafter.
(d) Any amount paid to redeem a forfeiture occurring
subsequent to the tax sale together with 12% penalty
thereon for each year or portion thereof intervening
between the date of the forfeiture redemption and the date
of redemption from the sale.
(e) Any amount paid by the certificate holder for
redemption of a subsequently occurring tax sale.
(f) All fees paid to the county clerk under Section
22-5.
(g) All fees paid to the registrar of titles incident
to registering the tax certificate in compliance with the
Registered Titles (Torrens) Act.
(h) All fees paid to the circuit clerk and the sheriff,
a licensed or registered private detective, or the coroner
in connection with the filing of the petition for tax deed
and service of notices under Sections 22-15 through 22-30
and 22-40 in addition to (1) a fee of $35 if a petition for
tax deed has been filed, which fee shall be posted to the
tax judgement, sale, redemption, and forfeiture record, to
be paid to the purchaser or his or her assignee; (2) a fee

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of $4 if a notice under Section 22-5 has been filed, which
fee shall be posted to the tax judgment, sale, redemption,
and forfeiture record, to be paid to the purchaser or his
or her assignee; and (3) all costs paid to record a lis
pendens notice in connection with filing a petition under
this Code; and (4) if a petition for tax deed has been
filed, all fees paid to a registered or licensed title
insurance company or title insurance agent for a title
search to identify all owners, parties interested, and
occupants of the property, to be paid to the purchaser or
his or her assignee. The fees in (1) and (2) of this
paragraph (h) shall be exempt from the posting requirements
of Section 21-360. The costs incurred in causing notices to
be served by a licensed or registered private detective
under Section 22-15, may not exceed the amount that the
sheriff would be authorized by law to charge if those
notices had been served by the sheriff.
(i) All fees paid for publication of notice of the tax
sale in accordance with Section 22-20.
(j) All sums paid to any city, village or incorporated
town for reimbursement under Section 22-35.
(k) All costs and expenses of receivership under
Section 21-410, to the extent that these costs and expenses
exceed any income from the property in question, if the
costs and expenditures have been approved by the court
appointing the receiver and a certified copy of the order

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or approval is filed and posted by the certificate holder
with the county clerk. Only actual costs expended may be
posted on the tax judgment, sale, redemption and forfeiture
record.
(Source: P.A. 95-195, eff. 1-1-08.)