Bill Text: IL HB4974 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the Property Tax Code. Permits attorney's fees of up to $900 to be added to the cost to redeem. Effective immediately.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2024-04-05 - Rule 19(a) / Re-referred to Rules Committee [HB4974 Detail]

Download: Illinois-2023-HB4974-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4974 Introduced , by Rep. Steven Reick SYNOPSIS AS INTRODUCED:
35 ILCS 200/21-355
Amends the Property Tax Code. Permits attorney's fees of up to $900 to be added to the cost to redeem. Effective immediately.
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A BILL FOR
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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, except for the nonrefundable $80 fee paid,
pursuant to Section 21-295, for each item purchased at the
tax sale;
(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

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times 5 times the penalty bid at sale;
(6) if the redemption occurs after 30 months from
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 before January 1, 2024, 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.
If the property to be redeemed is property with
respect to which a tax lien or certificate is acquired on
or after January 1, 2024 by the county as trustee pursuant
to Section 21-90, the penalty bid is 0.75% and shall
accrue monthly instead of according to the penalty periods
established in subparagraphs (1) through (6) of this
subsection (b).
(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, except for the nonrefundable
$80 fee paid, pursuant to Section 21-295, for each item
purchased at the tax sale, which have been paid by the tax
certificate holder on or after the date those taxes or

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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 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
before January 1, 2024 but after 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, including
tax liens or certificates held by the county as trustee,
pursuant to Section 21-90.

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(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 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; (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 up to $150 per
redemption 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; and (5) if a petition for tax deed has
been filed, attorney's fees of up to $900. The fees in (1)

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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 county, 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 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. 103-555, eff. 1-1-24.)