Bill Text: IL SB1675 | 2023-2024 | 103rd General Assembly | Chaptered
Bill Title: Amends the Property Tax Code. Makes changes concerning interest penalties due on delinquent amounts in counties with 3,000,000 or more inhabitants beginning in tax year 2023. Specifies that counties shall be the designated holders of all tax liens and certificates that are forfeited to the State or county. Makes changes concerning sales in error and forfeited tax certificates in provisions concerning the assignment of tax certificates; databases of properties available for sale; scavenger sales; forfeited tax liens and certificates; records of forfeitures; payments for property purchased at tax sales; certificates of purchase; refunds of costs; redemption of properties; special assessments; partial settlements; notices; and the issuance and contents of deeds. Provides that, in the case of a sale in error because of an error by the assessor, chief county assessment officer, board of review, board of appeals, or other county official, the error must be material to the tax certificate at issue. Provides that, in the case of a sale in error because of a bankruptcy, provides that the bankruptcy case must be open on the date the collector's application for judgment was filed. Provides that, in Cook County, service of process may be made by a person who is licensed or registered as a private detective (currently, those provisions apply in counties other than Cook). Makes other changes.
Spectrum: Partisan Bill (Democrat 37-1)
Status: (Passed) 2023-08-11 - Public Act . . . . . . . . . 103-0555 [SB1675 Detail]
Download: Illinois-2023-SB1675-Chaptered.html
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Public Act 103-0555 | ||||
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AN ACT concerning revenue.
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Be it enacted by the People of the State of Illinois,
| ||||
represented in the General Assembly:
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Section 5. The Property Tax Code is amended by changing | ||||
Sections 9-260, 18-250, 21-15, 21-25, 21-45, 21-90, 21-118, | ||||
21-145, 21-225, 21-235, 21-240, 21-250, 21-310, 21-315, | ||||
21-330, 21-350, 21-355, 21-370, 21-385, 21-400, 21-405, | ||||
21-430, 22-5, 22-10, 22-15, 22-25, 22-30, 22-35, 22-40, and | ||||
22-60 as follows:
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(35 ILCS 200/9-260)
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Sec. 9-260. Assessment of omitted property; counties of | ||||
3,000,000 or
more. | ||||
(a) After signing the affidavit, the county assessor
shall | ||||
have power, when directed by the board of
appeals
(until the | ||||
first Monday in December 1998 and the board of review
| ||||
beginning
the first Monday in December 1998 and thereafter), | ||||
or on his or her own
initiative, subject to the limitations of | ||||
Sections 9-265 and 9-270, to assess properties which
may have | ||||
been omitted from assessments
for the current year and not | ||||
more than 3 years prior to the current year for which the | ||||
property was
liable to be taxed, and for which the tax has not | ||||
been paid, but only on notice
and an opportunity to be heard in | ||||
the manner and form required by law, and
shall enter the |
assessments upon the assessment books. Any notice shall | ||
include (i) a request that a person receiving the notice who is | ||
not the current taxpayer contact the office of the county | ||
assessor and explain that the person is not the current | ||
taxpayer, which contact may be made on the telephone, in | ||
writing, or in person upon receipt of the notice, and (ii) the | ||
name, address, and telephone number of the appropriate | ||
personnel in the office of the county assessor to whom the | ||
response should be made. Any time period for the review of an | ||
omitted assessment included in the notice shall be consistent | ||
with the time period established by the assessor in accordance | ||
with subsection (a) of Section 12-55. No charge for tax of
| ||
previous years shall be made against any property if (1) the | ||
assessor failed to notify the board of review of the omitted | ||
assessment in accordance with subsection (a-1) of this | ||
Section; (2) the property was last
assessed as unimproved, the | ||
owner of such property gave notice of
subsequent improvements | ||
and requested a reassessment as required by Section
9-180, and | ||
reassessment of the property was not made within the 16-month | ||
16 month
period immediately following the receipt of that | ||
notice; (3) the owner of the property gave notice as required | ||
by Section 9-265; (4) the assessor received a building permit | ||
for the property evidencing
that new construction had occurred | ||
or was occurring on the property but
failed to list the | ||
improvement on the tax rolls; (5) the assessor
received a plat | ||
map, plat of survey, ALTA survey, mortgage survey, or
other |
similar document containing the omitted property but failed to
| ||
list the improvement on the tax rolls; (6) the assessor | ||
received a real
estate transfer declaration indicating a sale | ||
from an exempt property
owner to a non-exempt property owner | ||
but failed to list the property on
the tax rolls; or (7) the | ||
property was the subject of an assessment
appeal before the | ||
assessor or the board of review that had included the
intended | ||
omitted property as part of the assessment appeal and provided
| ||
evidence of its market value. | ||
(a-1) After providing notice and an opportunity to be | ||
heard as
required by subsection (a) of this Section, the | ||
assessor shall render a
decision on the omitted assessment, | ||
whether or not the omitted
assessment was contested, and shall | ||
mail a notice of the decision to the
taxpayer of record or to | ||
the party that contested the omitted assessment. The notice of | ||
decision shall contain a statement that the
decision may be | ||
appealed to the board of review. The decision and all
evidence | ||
used in the decision shall be transmitted by the assessor to
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the board of review on or before the dates specified in | ||
accordance with
Section 16-110.
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(b) Any taxes based on the omitted assessment of a | ||
property pursuant to
Sections
9-260 through 9-270 and Sections | ||
16-135 and 16-140 shall be prepared and mailed at the same time | ||
as the
estimated first
installment property tax bill for the | ||
preceding year (as described in
Section 21-30)
is prepared and | ||
mailed. The omitted assessment tax bill
is not due
until the |
date on which the second installment property tax bill for the
| ||
preceding
year becomes due. The omitted assessment tax bill | ||
shall be deemed
delinquent
and shall bear interest beginning | ||
on the day after the due date of the second
installment
(as | ||
described in Section 21-25). In counties with 3,000,000 or | ||
more inhabitants, any Any taxes for omitted assessments for a | ||
tax year before tax year 2023 that are deemed
delinquent
after | ||
the due date of the second installment tax bill shall bear
| ||
interest at the rate of
1.5% per month , or portion thereof , | ||
until paid or forfeited (as described in
Section 21-25). In | ||
counties with 3,000,000 or more inhabitants, any taxes for | ||
omitted assessments for tax year 2023 or thereafter that are | ||
deemed delinquent after the due date of the second installment | ||
tax bill shall bear interest at the rate of 0.75% per month, or | ||
portion thereof, until paid or forfeited (as described in | ||
Section 21-25).
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(c) The
assessor shall have no power to change the | ||
assessment or alter the
assessment books in any other manner | ||
or for any other purpose so as to
change or affect the taxes in | ||
that year, except as ordered by the board of
appeals (until the | ||
first Monday in December 1998 and the board of review
| ||
beginning the first Monday in December 1998 and thereafter). | ||
The county
assessor shall make
all changes and corrections | ||
ordered by the board of appeals
(until the first Monday in | ||
December 1998 and the board of review
beginning
the first | ||
Monday in December 1998 and thereafter).
The county assessor |
may for the purpose
of revision by the board of appeals
(until | ||
the first Monday in December 1998 and the board of review
| ||
beginning
the first Monday in December 1998 and thereafter)
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certify the assessment books
for any town or taxing district | ||
after or when such books are completed.
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(Source: P.A. 96-1553, eff. 3-10-11.)
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(35 ILCS 200/18-250)
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Sec. 18-250.
Additions to forfeited taxes and unpaid | ||
special assessments;
fee for estimate.
| ||
(a) When any property has been forfeited for taxes or | ||
special
assessments, the clerk shall compute the amount of | ||
back taxes and special
assessments, interest, statutory costs, | ||
and printer's fees remaining due,
with one year's interest on | ||
all taxes forfeited, and enter them upon the
collector's books | ||
as separate items. Except as otherwise provided in
Section | ||
21-375, the aggregate so computed shall be collected in the | ||
same
manner as the taxes on other property for that year. The | ||
county clerk shall
examine the forfeitures, and strike all | ||
errors and make corrections as
necessary. For counties with | ||
fewer than 3,000,000 inhabitants, interest Interest added to | ||
forfeitures under this Section shall be at the
rate of 12% per | ||
year. For counties with 3,000,000 or more inhabitants, | ||
interest added to forfeitures under this Section shall accrue | ||
at the rate of (i) 12% per year if the forfeiture is for a tax | ||
year before tax year 2023 or (ii) 0.75% per month, or portion |
thereof, if the forfeiture is for tax year 2023 or any tax year | ||
thereafter.
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(b) In counties with 3,000,000 or more inhabitants, taxes | ||
first
extended
for prior years, or previously extended for | ||
prior years for which application
for judgment and order of | ||
sale is not already pending, shall be added to the
tax of the | ||
current year, with interest and costs as provided by law.
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Forfeitures shall not be so added, but they shall remain a lien | ||
on the property
upon which they were charged until paid or sold | ||
as provided by law. There
shall be added to such forfeitures | ||
annually the same interest as would be added
if forfeited | ||
annually, until paid or sold, and the addition of each year's
| ||
interest shall be considered a separate forfeiture. | ||
Forfeitures may be
redeemed in the manner provided in Section | ||
21-370 or 21-375. Taxes and special
assessments for which | ||
application for judgment and order of sale is
pending, or | ||
entered but not enforced for any reason, shall not be added to | ||
the
tax for the current year. However, if the taxes and special | ||
assessments remain
unpaid, the property, shall be advertised | ||
and sold under judgments and orders
of sale to be entered in | ||
pending applications, or already entered in prior
| ||
applications, including judgments and orders of sale under | ||
which the purchaser
fails to complete his or her purchase.
| ||
(c) In counties with 3,000,000 or more inhabitants, on or | ||
before January
1, 2001 and during each year thereafter, the | ||
county clerk
shall compute the amount of taxes on each |
property that remain due or
forfeited for any year prior to the | ||
current year and have not become subject to
Sections 20-180 | ||
through 20-190, and the clerk shall enter the same upon the
| ||
collector's warrant books of the current and all following | ||
years as separate
items in a suitable column. The county clerk | ||
shall examine the collector's
warrant books and the Tax | ||
Judgment, Sale, Redemption and Forfeiture records for
the | ||
appropriate years and may take any other actions as the clerk | ||
finds to be
necessary or convenient in order to comply with | ||
this subsection. On and after
January 1, 2001, any taxes for | ||
any year
remaining due or
forfeited against real property in | ||
such county not entered on the current
collector's
warrant | ||
books shall be deemed uncollectible and void,
but
shall not be | ||
subject to the posting or other requirements of Sections | ||
20-180
through 20-190.
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(d) In counties with 100,000 or more inhabitants, the | ||
county
clerk shall,
when making the annual collector's books, | ||
in a suitable column, insert and
designate previous | ||
forfeitures of general taxes by the word "forfeiture", to be
| ||
stamped opposite each property forfeited at the last previous | ||
tax sale for
general taxes and not redeemed or purchased | ||
previous to the completion of the
collector's books. The | ||
collectors of general taxes shall stamp upon all bills
| ||
rendered and receipts given the information on the collector's | ||
books regarding
forfeiture of general taxes, and the stamped | ||
notation shall also refer the
recipient to the county clerk |
for full information. The county clerk shall be
allowed to | ||
collect from the person requesting an estimate of costs of
| ||
redemption of a forfeited property, the fee provided by law.
| ||
(Source: P.A. 91-668, eff. 12-22-99.)
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(35 ILCS 200/21-15)
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Sec. 21-15. General tax due dates; default by mortgage | ||
lender. Except as otherwise provided in this Section or | ||
Section 21-40, all property
upon which the first installment | ||
of taxes remains unpaid on the later of (i) June 1 or (ii) the | ||
day after the date specified on the real estate tax bill as the | ||
first installment due date annually
shall be deemed delinquent | ||
and shall bear interest after that date . For property located | ||
in a county with fewer than 3,000,000 inhabitants, the unpaid | ||
taxes shall bear interest at the rate of
1 1/2% per month or | ||
portion thereof. For property located in a county with | ||
3,000,000 or more inhabitants, the unpaid taxes shall bear | ||
interest at the rate of (i) 1.5% per month, or portion thereof, | ||
if the unpaid taxes are for a tax year before 2023 or (ii) | ||
0.75% per month, or portion thereof, if the unpaid taxes are | ||
for tax year 2023 or any tax year thereafter. Except as | ||
otherwise provided in this
Section or Section 21-40, all | ||
property upon which the second installment of
taxes remains | ||
due and unpaid on the later of (i) September 1 or (ii) the day | ||
after the date specified on the real estate tax bill as the | ||
second installment due date, annually, shall be deemed
|
delinquent and shall bear interest after that date at the same | ||
interest rate.
Notwithstanding any other provision of law, in | ||
counties with fewer than 3,000,000 inhabitants, if a taxpayer | ||
owes an arrearage of taxes due to an administrative error, and | ||
if the county collector sends a separate bill for that | ||
arrearage as provided in Section 14-41, then any part of the | ||
arrearage of taxes that remains unpaid on the day after the due | ||
date specified on that tax bill
shall be deemed delinquent and | ||
shall bear interest after that date at the rate of
1 1/2% per | ||
month or portion thereof. Notwithstanding any other provision | ||
of law, in counties with 3,000,000 or more inhabitants, if a | ||
taxpayer owes an arrearage of taxes due to an administrative | ||
error, and if the county collector sends a separate bill for | ||
that arrearage as provided in Section 14-41, then any part of | ||
the arrearage of taxes that remains unpaid on the day after the | ||
due date specified on that tax bill shall be deemed delinquent | ||
and shall bear interest after that date at the rate of (i) 1 | ||
1/2% per month, or portion thereof, if the arrearage is for a | ||
tax year before tax year 2023 or (ii) 0.75% per month, or | ||
portion thereof, if the arrearage is for tax year 2023 or any | ||
tax year thereafter. All interest collected shall be paid into | ||
the general fund of the county.
Payment received by mail and | ||
postmarked on or before the required due date is
not | ||
delinquent.
| ||
Property not subject to the interest charge in Section | ||
9-260 or Section
9-265 shall also not
be subject to the |
interest charge imposed by this Section until such time as
the | ||
owner of the property receives actual notice of and is billed | ||
for the
principal amount of back taxes due and owing.
| ||
If an Illinois resident who is a member of the Illinois | ||
National Guard
or a reserve component of the armed forces of | ||
the United States
and who has
an ownership interest in | ||
property taxed under this Act is called to active duty
for | ||
deployment outside the continental United States
and
is on | ||
active duty on the due date of any installment of taxes due | ||
under
this Act, he or she shall not be deemed delinquent in the | ||
payment of the
installment and no interest shall accrue or be | ||
charged as a penalty on the
installment until 180 days after | ||
that member returns from active duty. To be deemed not | ||
delinquent in the payment of an installment of taxes and any
| ||
interest
on that installment, the reservist or guardsperson | ||
must make a reasonable effort to notify the county clerk and | ||
the county collector of his or her activation to active duty | ||
and must notify the county clerk and the county collector
| ||
within 180
days after his or her deactivation and provide | ||
verification of the date of his
or her
deactivation. An | ||
installment of property taxes on the property of any reservist
| ||
or
guardsperson who fails to provide timely notice and | ||
verification of
deactivation to the
county clerk is subject to | ||
interest and penalties as delinquent taxes under
this Code | ||
from
the date of deactivation.
| ||
Notwithstanding any other provision of law, when any |
unpaid taxes become
delinquent under this Section through the | ||
fault of the mortgage lender,
(i) the
interest assessed under | ||
this Section for delinquent taxes shall be charged
against the | ||
mortgage lender and not the mortgagor and (ii) the mortgage
| ||
lender shall pay the taxes, redeem the property and take all | ||
necessary steps to
remove any liens accruing against the | ||
property because of the delinquency.
In the event that more | ||
than
one entity meets the definition of mortgage lender with | ||
respect to any
mortgage, the interest shall be assessed | ||
against the mortgage lender
responsible for servicing the | ||
mortgage. Unpaid taxes shall be deemed
delinquent through the | ||
fault of the mortgage lender only if: (a) the
mortgage
lender | ||
has received all payments due the mortgage lender for the | ||
property being
taxed under the written terms of the mortgage | ||
or promissory note secured by
the mortgage, (b) the mortgage | ||
lender holds funds in escrow to pay the taxes,
and (c) the | ||
funds are sufficient to pay the taxes
after deducting all | ||
amounts reasonably anticipated to become due for all hazard
| ||
insurance premiums and mortgage insurance premiums and any | ||
other assessments to
be paid from the escrow under the terms of | ||
the mortgage. For purposes of this
Section, an
amount
is | ||
reasonably anticipated to become due if it is payable within | ||
12 months from
the time of determining the sufficiency of | ||
funds held in escrow. Unpaid taxes
shall not be deemed | ||
delinquent through the fault of the mortgage lender if the
| ||
mortgage lender was directed in writing by the mortgagor not |
to pay the
property taxes, or
if the failure to pay the taxes | ||
when due resulted from inadequate or inaccurate
parcel | ||
information provided by the mortgagor, a title or abstract | ||
company, or
by the agency or unit of government assessing the | ||
tax.
| ||
(Source: P.A. 97-944, eff. 8-10-12; 98-286, eff. 1-1-14.)
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(35 ILCS 200/21-25)
| ||
Sec. 21-25. Due dates; accelerated billing in counties of | ||
3,000,000 or more.
Except as hereinafter provided and as | ||
provided in Section 21-40, in
counties with 3,000,000 or more | ||
inhabitants
in which the accelerated method of billing and | ||
paying taxes provided for in
Section 21-30 is in effect, the | ||
estimated first installment of unpaid taxes
shall be deemed | ||
delinquent and shall bear interest after March 1 and until | ||
paid or forfeited at the rate of
(i) 1 1/2% per month or | ||
portion thereof if the unpaid taxes are for a tax year before | ||
2023 or (ii) 0.75% per month, or portion thereof, if the unpaid | ||
taxes are for tax year 2023 or any tax year thereafter until | ||
paid or forfeited . For tax year 2010, the estimated first | ||
installment of unpaid taxes shall be deemed delinquent and | ||
shall bear interest after April 1 at the rate of 1.5% per month | ||
or portion thereof until paid or forfeited. For tax year 2022, | ||
the estimated first installment of unpaid taxes shall be | ||
deemed delinquent and shall bear interest after April 1, 2023 | ||
at the rate of 1.5% per month or portion thereof until paid or |
forfeited. For all tax years, the second
installment of unpaid | ||
taxes shall be deemed delinquent and shall bear interest
after | ||
August 1 annually at the same interest rate until paid or | ||
forfeited.
Notwithstanding any other provision of law, if a | ||
taxpayer owes an arrearage of taxes due to an administrative | ||
error, and if the county collector sends a separate bill for | ||
that arrearage as provided in Section 14-41, then any part of | ||
the arrearage of taxes that remains unpaid on the day after the | ||
due date specified on that tax bill
shall be deemed delinquent | ||
and shall bear interest after that date at the rate of
(i) 1 | ||
1/2% per month , or portion thereof , if the unpaid taxes are for | ||
a tax year before 2023 or (ii) 0.75% per month, or portion | ||
thereof, if the unpaid taxes are for tax year 2023 or any tax | ||
year thereafter .
| ||
If the county board elects by ordinance adopted prior to | ||
July 1 of a levy
year to provide for taxes to be paid in 4 | ||
installments, each installment for
that levy year and each | ||
subsequent year shall be deemed delinquent and shall
begin to | ||
bear interest 30 days after the date specified by the | ||
ordinance for
mailing bills, at the rate of 1 1/2% per month , | ||
or portion thereof, until paid
or forfeited.
If the unpaid | ||
taxes are for a tax year before 2023, then interest shall | ||
accrue at the rate of 1.5% per month, or portion thereof, until | ||
paid or forfeited. If the unpaid taxes are for tax year 2023 or | ||
any tax year thereafter, then interest shall accrue at the | ||
rate of 0.75% per month, or portion thereof, until paid or |
forfeited.
| ||
Payment received by mail and postmarked on or before the | ||
required due date
is not delinquent.
| ||
Taxes levied on homestead property in which a member of | ||
the National Guard or
reserves of the armed forces of the | ||
United States who was called to active duty
on or after August | ||
1, 1990, and who has an ownership interest, shall not be
deemed | ||
delinquent and no interest shall accrue or be charged as a | ||
penalty on
such taxes due and payable in 1991 or 1992 until one | ||
year after that member
returns to civilian status.
| ||
If an Illinois resident who is a member of the Illinois | ||
National Guard
or a reserve component of the armed forces of | ||
the United States
and who has an ownership interest in | ||
property taxed under this Act is
called to
active duty
for | ||
deployment outside the continental United States
and
is on | ||
active duty on the due date of any installment of taxes due | ||
under
this Act, he or she shall not be deemed delinquent in the | ||
payment of the
installment and no interest shall accrue or be | ||
charged as a penalty on the
installment until 180 days after | ||
that member returns to
civilian
status.
To be deemed not | ||
delinquent in the payment of an installment of taxes and any
| ||
interest
on that installment, the reservist or guardsperson | ||
must make a reasonable effort to notify the county clerk and | ||
the county collector of his or her activation to active duty | ||
and must notify the county clerk and the county collector
| ||
within 180
days after his or her deactivation and provide |
verification of the date of his
or her
deactivation. An | ||
installment of property taxes on the property of any reservist
| ||
or
guardsperson who fails to provide timely notice and | ||
verification of
deactivation to the
county clerk is subject to | ||
interest and penalties as delinquent taxes under
this Code | ||
from
the date of deactivation.
| ||
(Source: P.A. 102-1112, eff. 12-21-22.)
| ||
(35 ILCS 200/21-45)
| ||
Sec. 21-45. Failure to issue tax bill in prior year. In the | ||
event no tax
bill was issued as provided in Section 21-30, on | ||
any property in any previous
year for any reason, one tax bill | ||
shall be prepared and mailed by July 1 of the
year subsequent | ||
to the year in which no tax bill was issued, and taxes on that
| ||
property for that year only shall bear interest after the | ||
first day of August
of that year . In counties with fewer than | ||
3,000,000 inhabitants, interest shall accrue at the rate of 1 | ||
1/2% per month or portion thereof until paid or
forfeited. In | ||
counties with 3,000,000 or more inhabitants, if the taxes are | ||
for a tax year before tax year 2023, then interest shall accrue | ||
at the rate of 1.5% per month, or portion thereof, until paid | ||
or forfeited. In counties with 3,000,000 or more inhabitants, | ||
if the taxes are for the 2023 tax year or any tax year | ||
thereafter, then interest shall accrue at the rate of 0.75% | ||
per month, or portion thereof, until paid or forfeited.
| ||
(Source: P.A. 87-17; 88-455.)
|
(35 ILCS 200/21-90)
| ||
Sec. 21-90. Purchase and sale by county;
distribution of | ||
proceeds. | ||
(a) When any
property is delinquent, or is forfeited for | ||
each of 2 or more
years, and is
offered for sale under any of | ||
the provisions of this Code, the county board County Board of
| ||
the county County in which the property is located,
in its | ||
discretion, may bid, or, in
the case of forfeited property, | ||
may apply to purchase it or otherwise acquire the tax lien or | ||
certificate , in the name of the
county County as trustee for | ||
all taxing districts having an
interest in the property's
| ||
taxes or special assessments for the nonpayment of which the | ||
property is sold.
The presiding officer of the county board, | ||
with the advice and consent of the
board Board , may appoint on | ||
its behalf
some officer , or person , or entity to attend such | ||
sales , bid on tax liens or certificates, and act on behalf of | ||
the county when exercising its authority under this Section
| ||
and bid or, in the case of forfeited property, to apply to the | ||
county clerk to
purchase . The county County shall apply on the | ||
bid or purchase
the unpaid taxes and
special assessments due | ||
upon the property. No cash need be paid. | ||
(b) The county, as trustee for all taxing districts having | ||
an interest in the property's taxes or special assessments, | ||
shall be the designated holder of all tax liens or | ||
certificates that are forfeited to the State or county. No |
cash need be paid for the forfeited tax lien or certificate. | ||
(c) For any tax lien or certificate acquired under | ||
subsection (a) or (b) of this Section, the county The County | ||
may
take steps necessary to acquire title to the property and | ||
may manage
and operate the property, including, but not | ||
limited to, mowing of grass, removal of nuisance greenery, | ||
removal of garbage, waste, debris or other materials, or the | ||
demolition, repair, or remediation of unsafe structures. When | ||
a county, or other taxing district within the
county, is a | ||
petitioner for a tax deed, no filing fee shall be required.
| ||
When a county or other taxing district within the county is the | ||
petitioner
for a tax deed, one petition may be filed including | ||
all parcels that are tax
delinquent within the county or | ||
taxing district, and any publication made under
Section 22-20 | ||
of this Code may combine all such parcels within a single | ||
notice.
The notice may include the street address as listed on | ||
the most recent available tax bills, if available, and shall | ||
list the Property Index Number shall list the street or common | ||
address, if known, of the
parcels for informational purposes.
| ||
The
county, as tax creditor and as trustee for other tax | ||
creditors, or other taxing
district within the county, shall | ||
not be required to allege and prove that all
taxes and special | ||
assessments which become due and payable after the sale or | ||
forfeiture to
the county have been paid nor shall the county be
| ||
required to pay the
subsequently accruing taxes or special | ||
assessments at any time. The county
board or its designee may |
prohibit the county collector from including the
property in | ||
the tax sale of one or more subsequent years. The lien of taxes | ||
and
special assessments which become due and payable after a | ||
sale to a county
shall
merge in the fee title of the county, or | ||
other taxing district within the
county, on the issuance of a | ||
deed.
| ||
The county County may sell any or assign the property so
| ||
acquired with authority provided in this Section , or assign | ||
any tax the certificate of
purchase to it, to any party, | ||
including , but not limited to,
taxing districts , | ||
municipalities, land banks created pursuant to Illinois law, | ||
or non-profit developers focused on constructing affordable | ||
housing . | ||
The assigned tax certificate shall be void with no further | ||
rights given to the assignee, including no right to refund or | ||
reimbursement, if a tax deed has not been recorded within 4 | ||
years after the date of the assignment unless a court extends | ||
the assignment period as provided in this Section. Upon a | ||
motion by the assignee, a court may toll the 4-year deadline | ||
for a specified period of time if the court finds the assignee | ||
is prevented from obtaining or recording a deed by injunction | ||
or order of any court, by the refusal or inability of any court | ||
to act upon the application for a tax deed, by a municipality's | ||
refusal to issue necessary transfer stamps or approvals for | ||
recording, or by the refusal of the clerk to execute the deed. | ||
If an assigned tax certificate is void under this Section, it |
shall be forfeited to the county and held as a valid | ||
certificate of sale in the county's name pursuant to this | ||
Section 21-90. The proceeds of any that sale or
assignment | ||
under this Section , less all costs
of the county incurred in | ||
the acquisition, operation, maintenance, and sale or
| ||
assignment of the
property or assignment of the tax | ||
certificate , including all costs associated with county staff | ||
and overhead used to perform the duties of the trustee set | ||
forth in this Section, shall be
distributed to the taxing | ||
districts in proportion to their respective interests
therein.
| ||
Under Sections 21-110, 21-115, 21-120 , and 21-190 and | ||
21-405 , a county County may bid or
purchase only in the absence | ||
of other bidders.
| ||
(Source: P.A. 102-363, eff. 1-1-22 .)
| ||
(35 ILCS 200/21-118) | ||
Sec. 21-118. Tax sale; online database. At least 10 days | ||
prior to any tax sale authorized under this Article 21, the | ||
county collector may post on his or her website a list of all | ||
properties that are eligible to be sold at the sale. The list | ||
shall include the street address on file with the county | ||
collector, if available, and shall include the PIN number | ||
assigned to the property. The list may not include the name of | ||
the property owner. The list may designate properties on which | ||
a sale in error has previously been declared, provided that | ||
those designations are posted at least 7 days before any tax |
sale authorized under this Article 21. If the list designates | ||
properties as properties on which a sale in error has | ||
previously been declared, the list shall also include the | ||
court case number or administrative number under which the | ||
declaration of the sale in error was made and the basis for the | ||
sale in error. No sale in error may be declared under this Code | ||
based upon an omission from or error on the list of designated | ||
properties.
| ||
(Source: P.A. 97-557, eff. 7-1-12 .)
| ||
(35 ILCS 200/21-145)
| ||
Sec. 21-145. Scavenger sale. At the same time the county | ||
collector County Collector annually
publishes the collector's | ||
annual sale advertisement under Sections 21-110,
21-115 , and | ||
21-120, it is mandatory for the collector in counties with | ||
3,000,000
or more inhabitants, and in other counties may, if | ||
the county board so orders by
resolution, to publish an | ||
advertisement giving notice of the intended
sale of certain | ||
tax liens and certificates that have been forfeited and are | ||
held by the county pursuant to Section 21-90 application for | ||
judgment and sale of all properties upon which all or a part of
| ||
the general taxes for each of 3 or more years are delinquent as | ||
of the date of
the advertisement . Under no circumstance may a | ||
tax year be offered at a scavenger sale prior to the annual tax | ||
sale for that tax year (or, for omitted assessments issued | ||
pursuant to Section 9-260, the annual tax sale for that |
omitted assessment's warrant year, as defined herein). In no | ||
event may there be more than 2 consecutive years
without a sale | ||
under this Section, except where a tax sale has been delayed | ||
pursuant to Section 21-150 as a result of a statewide COVID-19 | ||
public health emergency. The term delinquent also includes
| ||
forfeitures. | ||
The county collector County Collector shall include in the | ||
advertisement and in the
application for judgment and sale | ||
under this Section and Section 21-260 the
total amount of all | ||
general taxes upon those properties which are delinquent as
of | ||
the date of the advertisement. In lieu of a single annual | ||
advertisement and
application for judgment and sale under this | ||
Section and Section 21-260, the county collector
County | ||
Collector may, from time to time, beginning on the date of the
| ||
publication of the annual sale advertisement and before August | ||
1 of the next
year, publish separate advertisements and make | ||
separate applications on
eligible properties described in one | ||
or more volumes of the delinquent list.
The separate | ||
advertisements and applications shall, in the aggregate, | ||
include
all the properties which otherwise would have been | ||
included in the single
annual advertisement and application | ||
for judgment and sale under this Section.
Upon the written | ||
request of the taxing district which levied the same, the | ||
county collector may
County Collector shall also include in | ||
the advertisement the special taxes and
special assessments, | ||
together with interest, penalties and costs thereon upon
those |
properties which are delinquent as of the date of the | ||
advertisement. The
advertisement and application for judgment | ||
and sale shall be in the manner
prescribed by this Code | ||
relating to the annual advertisement and application
for | ||
judgment and sale of delinquent properties.
| ||
As used in this Section, the term delinquent also includes | ||
tax liens and certificates forfeited to the county as trustee | ||
and held pursuant to Section 21-90, if those tax liens or | ||
certificates are approved for sale by the county board. Any | ||
tax lien or certificate held by the county pursuant to Section | ||
21-90 that is offered at a scavenger sale shall be assigned by | ||
the county to the winning bidder at the scavenger sale as set | ||
forth in Section 21-90. After 4 years from the date of | ||
assignment, the assignment is void and the tax certificate | ||
shall be forfeited back to the county and held pursuant to | ||
Section 21-90, unless a tax deed has been issued and recorded | ||
by the assignee or a court order to toll the deadline pursuant | ||
to Section 21-90 is entered. | ||
As used in this Section, "warrant year" means the year | ||
preceding the calendar year in which the omitted assessment | ||
first became due and payable. | ||
(Source: P.A. 101-635, eff. 6-5-20; 102-519, eff. 8-20-21.)
| ||
(35 ILCS 200/21-225)
| ||
Sec. 21-225. Forfeited tax liens and certificates | ||
property . Every tax lien or certificate for property offered |
at public sale, and
not sold for want of bidders, unless it is | ||
released from sale by the withdrawal
from collection of a | ||
special assessment levied thereon, shall be forfeited to
the | ||
county, as trustee for the taxing districts, and managed | ||
pursuant to Section 21-90 State of Illinois . Tax certificates | ||
are also forfeited to the county in those circumstances | ||
described in subsection (d) of Section 21-310 and subsection | ||
(f) of Section 22-40 of this Code. However, when the court, | ||
county clerk and county
treasurer certify that the taxes and | ||
special assessments not withdrawn from
collection on forfeited | ||
property equal or exceed the actual value of the
property, the | ||
county collector shall, on the receipt of such certificate, | ||
offer
the property for sale to the highest bidder, after first | ||
giving 10 days'
notice in counties with less than 10,000 | ||
inhabitants, according to the most recent federal decennial | ||
census, and 30 days' notice in all other counties, in the | ||
manner described in Sections 21-110 and 21-115, of the time
| ||
and place of sale, together with a description of the property | ||
to be offered. A
certificate of purchase shall be issued to the | ||
purchaser at the sale as in
other cases provided in this Code. | ||
The county collector shall receive credit in
the settlement | ||
with the taxing bodies for which the tax was levied for the
| ||
amount not realized by the sale. The amount received from the | ||
sale shall be
paid by the collector, pro rata, to the taxing | ||
bodies entitled to it.
| ||
(Source: P.A. 97-557, eff. 7-1-12 .)
|
(35 ILCS 200/21-235)
| ||
Sec. 21-235. Record of forfeitures. All tax liens and | ||
certificates properties forfeited to the county State at
the | ||
sale shall be noted on the Tax Judgment, Sale, Redemption and | ||
Forfeiture
Record.
| ||
In counties with less than 3,000,000 inhabitants, a list | ||
of all property
charged with delinquent special assessments | ||
and forfeited to the county State at the
sale shall be returned | ||
to the collector of the levying municipality.
| ||
(Source: P.A. 76-2254; 88-455.)
| ||
(35 ILCS 200/21-240)
| ||
Sec. 21-240. Payment for property purchased at tax sale; | ||
reoffering for
sale. Payment for property purchased at tax | ||
sale; reoffering for
sale. Except as otherwise provided below, | ||
the person purchasing any property,
or any part thereof, shall | ||
be liable to the county for the amount due and shall
forthwith | ||
pay to the county collector the amount charged on the | ||
property. Upon
failure to do so, the amount due shall be | ||
recoverable in a civil action brought
in the name of the People | ||
of the State of Illinois in any court of competent
| ||
jurisdiction. The person so purchasing shall be relieved of | ||
liability only by
payment of the amount due together with | ||
interest and costs thereon, or if the
property is reoffered at | ||
the sale, purchased and paid for. Reoffering of the
property |
for sale shall be at the discretion of the collector. The sale | ||
shall
not be closed until payment is made or the property again | ||
offered for sale. In
counties with 3,000,000 or more | ||
inhabitants, only the taxes, special
assessments, interest and | ||
costs as advertised in the sale shall be required to
be paid | ||
forthwith. Except if the purchaser is the county as trustee | ||
pursuant to Section 21-90, the The general taxes charged on | ||
the land remaining due and
unpaid, including amounts subject | ||
to certificates of error, not included in the
advertisement, | ||
shall be paid by the purchaser within 10 days after the sale,
| ||
except that upon payment of the fee provided by law to the | ||
County Clerk (which
fee shall be deemed part of the costs of | ||
sale) the purchaser may make written
application, within the | ||
10 day period, to the county clerk for a statement of
all | ||
taxes, interest and costs due and an estimate of the cost of | ||
redemption of
all forfeited general taxes, which were not | ||
included in the advertisement.
After obtaining such statement | ||
and estimate and an order on the county
collector to receive | ||
the amount of forfeited general taxes, if any, the
purchaser | ||
shall pay to the county collector all the remaining taxes, | ||
interest
and costs, and the amount necessary to redeem the | ||
forfeited general taxes. The
county collector shall issue the | ||
purchaser a receipt therefor. Any delay in
providing the | ||
statement or in accepting payment, and delivering receipt
| ||
therefor, shall not be counted as a part of the 10 days. When | ||
the receipt of
the collector is issued, a copy shall be filed |
with the county clerk and the
county clerk shall include the | ||
amount shown in such receipt in the amount of
the purchase | ||
price of the property in the certificate of purchase. The
| ||
purchaser then shall be entitled to a certificate of purchase. | ||
If a purchaser
fails to complete his or her purchase as | ||
provided in this Section, the purchase
shall become void, and | ||
be of no effect, but the collector shall not refund the
amount | ||
paid in cash at the time of the sale, except in cases of sale | ||
in error under subsection (a) of Section 21-310 .
That amount | ||
shall be treated as a payment and distributed to the taxing | ||
bodies
as other collections are distributed. The lien for | ||
taxes for the amount paid
shall remain on the property, in | ||
favor of the purchaser, his or her heirs or
assigns, until paid | ||
with 5% interest per year on that amount from the date the
| ||
purchaser paid it. The amount and fact of such ineffective | ||
purchase shall be
entered in the tax judgment, sale, | ||
redemption and forfeiture record opposite
the property upon | ||
which the lien remains. No redemption shall be made without
| ||
payment of this amount for the benefit of the purchaser, and no | ||
future sale of
the property shall be made except subject to the | ||
lien of such purchaser. This
section shall not apply to any | ||
purchase by any city, village or incorporated
town in default | ||
of other bidders at any sale for delinquent special
| ||
assessments.
| ||
(Source: P.A. 84-1308; 88-455.)
|
(35 ILCS 200/21-250)
| ||
Sec. 21-250. Certificate of purchase. The county clerk | ||
shall make out and
deliver to the purchaser of any property | ||
sold under Section 21-205 , or to the county if the lien is | ||
acquired pursuant to Section 21-90 and a certificate is | ||
requested by the county or its agent , a
tax certificate of | ||
purchase countersigned by the collector, describing the | ||
property
sold, the date of sale, the amount of taxes, special | ||
assessments, interest and
cost for which they were sold and | ||
that payment of the sale price has been made.
If any person | ||
becomes the purchaser of more than one property owned by one
| ||
party or person, the purchaser may have the whole or one or | ||
more of them
included in one certificate, but separate | ||
certificates shall be issued in all
other cases. A tax | ||
certificate of purchase shall be assignable by endorsement. An
| ||
assignment shall vest in the assignee or his or her legal | ||
representatives, all
the right and title of the original | ||
purchaser.
| ||
If the tax certificate is lost or destroyed, the county | ||
clerk
shall issue a duplicate certificate upon written request | ||
and a sworn affidavit
by the tax sale purchaser, or his or her | ||
assignee, that the tax certificate is
lost or destroyed.
The | ||
county clerk shall cause a notation to be made
in the tax sale | ||
and judgment book that a duplicate certificate has been | ||
issued,
and redemption payments shall be made only to the | ||
holder of the duplicate
certificate.
|
(Source: P.A. 88-455; 89-617, eff. 9-1-96.)
| ||
(35 ILCS 200/21-310)
| ||
Sec. 21-310. Sales in error.
| ||
(a) When, upon application of the county collector, the | ||
owner of the
certificate of purchase, the holder of a 5% lien | ||
issued pursuant to Section 21-240, or a
municipality which | ||
owns or has owned the property ordered sold, it appears to
the | ||
satisfaction of the court which ordered the property sold that | ||
any of the
following subsections are applicable, the court | ||
shall declare the sale to be a
sale in error:
| ||
(1) the property was not subject to taxation, or all | ||
or any part of the
lien of taxes sold has become null and | ||
void pursuant to Section 21-95
or unenforceable pursuant | ||
to subsection (c) of Section 18-250 or subsection
(b) of | ||
Section 22-40 ; ,
| ||
(2) the taxes or special assessments had been paid | ||
prior to the sale of
the property ; ,
| ||
(3) there is a double assessment ; ,
| ||
(4) the description is void for uncertainty ; ,
| ||
(5) the assessor, chief county assessment officer, | ||
board of review,
board of appeals, or other county | ||
official has made an error material to the tax certificate | ||
at issue (other than an
error of judgment as to
the value | ||
of any property), provided, however, that a sale in error | ||
may not be declared upon application of the owner of the |
certificate of purchase under this paragraph (5) if the | ||
county collector provided notice in accordance with | ||
Section 21-118 that the same property received a previous | ||
sale in error on the same facts;
| ||
(5.5) the owner of the homestead property had tendered | ||
timely and full
payment to the county collector that the | ||
owner reasonably believed was due and
owing on the | ||
homestead property, and the county collector did not apply | ||
the
payment to the homestead property; provided that this | ||
provision applies only to
homeowners, not their agents or | ||
third-party payors ; ,
| ||
(6) prior to the tax sale a voluntary or involuntary | ||
petition was has been
filed by or against the legal or | ||
beneficial owner of the property requesting
relief under | ||
the provisions of 11 U.S.C. Chapter 7, 11, 12, or 13,
and | ||
the bankruptcy case was open on the date the collector's | ||
application for judgment was filed pursuant to Section | ||
21-150 or 21-155 or the date of the tax sale;
| ||
(7) the property is owned by the United States, the | ||
State of Illinois,
a municipality, or a
taxing district ; , | ||
or | ||
(8) the owner of the property is a reservist or | ||
guardsperson who is granted an extension of his or her due | ||
date under Sections 21-15, 21-20, and 21-25 of this Act.
| ||
(b) When, upon application of the owner of the certificate | ||
of purchase
only, it appears to the satisfaction of the court |
which ordered the property
sold that any of the following | ||
subsections are applicable, the court shall
declare the sale | ||
to be a sale in error:
| ||
(1) A voluntary or involuntary petition under the | ||
provisions of 11
U.S.C. Chapter 7, 11, 12, or 13 has been | ||
filed
subsequent to the tax sale and prior to the issuance | ||
of the tax deed , and the bankruptcy case was open on the | ||
date the petition for a sale in error was filed .
| ||
(2) The improvements upon the property sold have been | ||
substantially
destroyed or rendered uninhabitable or | ||
otherwise unfit for occupancy subsequent
to the tax sale | ||
and prior to the issuance of the tax deed; however, if the | ||
court declares a sale in error under this paragraph (2), | ||
the court may order the holder of the certificate of | ||
purchase to assign the certificate to the county collector | ||
if requested by the county collector. The county collector | ||
may, upon request of the county, as trustee, or upon | ||
request of a taxing district having an interest in the | ||
taxes sold, further assign any certificate of purchase | ||
received pursuant to this paragraph (2) to the county | ||
acting as trustee for taxing districts pursuant to Section | ||
21-90 of this Code or to the taxing district having an | ||
interest in the taxes sold.
| ||
(3) There is an interest held by the United States in | ||
the property sold
which could not be extinguished by the | ||
tax deed.
|
(4) The real property contains a hazardous
substance, | ||
hazardous waste, or underground storage tank that would
| ||
require cleanup or other removal under any federal,
State, | ||
or local law, ordinance, or regulation, only if the tax | ||
purchaser
purchased the property without actual knowledge | ||
of the hazardous substance,
hazardous waste, or | ||
underground storage tank. The presence of a grease trap on | ||
the property is not grounds for a sale in error under this | ||
paragraph (4). This paragraph (4) applies only if the | ||
owner of the
certificate of purchase has made application | ||
for a sale in error at any time
before the issuance of a | ||
tax deed. If the court declares a sale in error under this | ||
paragraph (4), the court may order the holder of the | ||
certificate of purchase to assign the certificate to the | ||
county collector if requested by the county collector. The | ||
county collector may, upon request of the county, as | ||
trustee, or upon request of a taxing district having an | ||
interest in the taxes sold, further assign any certificate | ||
of purchase received pursuant to this paragraph (4) to the | ||
county acting as trustee for taxing districts pursuant to | ||
Section 21-90 of this Code or to the taxing district | ||
having an interest in the taxes sold.
| ||
Whenever a court declares a sale in error under this | ||
subsection (b), the State's attorney court shall promptly | ||
notify the county collector in writing. Every such declaration | ||
pursuant to any provision of this subsection (b) shall be made |
within the proceeding in which the tax sale was authorized. | ||
(c) When the county collector discovers, prior to the | ||
expiration of the period of redemption, that a tax sale
should | ||
not have occurred for one or more of the reasons set forth in
| ||
subdivision (a)(1), (a)(2), (a)(3), (a)(4), (a)(5.5), (a)(6), | ||
or (a)(7) , or (a)(8) of this Section, the county
collector | ||
shall notify the last known owner of the tax certificate of | ||
purchase by
certified and regular mail, or other means | ||
reasonably calculated to provide
actual notice, that the | ||
county collector intends to declare an administrative
sale in | ||
error and of the reasons therefor, including documentation | ||
sufficient
to establish the reason why the sale should not | ||
have occurred. The owner of the
certificate of purchase may | ||
object in writing within 28 days after the date of
the mailing | ||
by the county collector. If an objection is filed, the county
| ||
collector shall not administratively declare a sale in error, | ||
but may apply to
the circuit court for a sale in error as | ||
provided in subsection (a) of this
Section. Thirty days | ||
following the receipt of notice by the last known owner of
the | ||
certificate of purchase, or within a reasonable time | ||
thereafter, the county
collector shall make a written | ||
declaration, based upon clear and convincing
evidence, that | ||
the taxes were sold in error and shall deliver a copy thereof | ||
to
the county clerk within 30 days after the date the | ||
declaration is made for
entry in the tax judgment, sale, | ||
redemption, and forfeiture record pursuant to
subsection (d) |
of this Section. The county collector shall promptly notify | ||
the
last known owner of the certificate of purchase of the | ||
declaration by regular
mail and shall , except if the | ||
certificate was issued pursuant to a no-cash bid, promptly pay | ||
the amount of the tax sale, together with interest
and costs as | ||
provided in Section 21-315, upon surrender of the original
| ||
certificate of purchase.
| ||
(d) If a sale is declared to be a sale in error for any | ||
reason set forth in Section 22-35, Section 22-50, or | ||
subdivision (a)(5), (b)(2), or (b)(4) of this Section, the tax | ||
certificate shall be forfeited to the county as trustee | ||
pursuant to Section 21-90 of this Code, unless the county | ||
collector informs the county and the county clerk in writing | ||
that the tax certificate shall not be forfeited to the county | ||
as trustee. The , the county
clerk shall make entry in the tax | ||
judgment, sale, redemption and
forfeiture record, that the | ||
property was erroneously sold and that the tax certificate is | ||
forfeited to the county pursuant to Section 21-90 , and the | ||
county
collector shall, on demand of the owner of the | ||
certificate of purchase, refund
the amount paid, except for | ||
the nonrefundable $80 fee paid, pursuant to Section 21-295, | ||
for each item purchased at the tax sale, pay any interest and | ||
costs as may be ordered under Sections
21-315 through 21-335, | ||
and cancel the certificate so far as it relates to the
| ||
property. The county collector shall deduct from the accounts | ||
of the
appropriate taxing bodies their pro rata amounts paid. |
Alternatively, for sales in error declared under subsection | ||
(b)(2) or (b)(4), the county collector may request the circuit | ||
court to direct the county clerk to record any assignment of | ||
the tax certificate to or from the county collector without | ||
charging a fee for the assignment. The owner of the | ||
certificate of purchase shall receive all statutory refunds | ||
and payments. The county collector shall deduct costs and | ||
payments in the same manner as if a sale in error had occurred.
| ||
(e) Whenever the collector declares an administrative sale | ||
in error under this Section, the collector must send a copy of | ||
the declaration of the administrative sale in error, and | ||
documentation sufficient to establish the reason why the sale | ||
should not have occurred, to the government entity responsible | ||
for maintaining assessment books and property record cards for | ||
the subject property. That entity must review the | ||
documentation sent by the collector, make a determination as | ||
to whether an update to the assessment books or property | ||
record cards is necessary to prevent a recurrence of the sale | ||
in error, and update the assessment books or property record | ||
cards as appropriate. | ||
(f) Whenever a court declares a sale in error under this | ||
Section, the State's attorney must send a copy of the | ||
application and order declaring the sale in error to the | ||
county collector, the county clerk, and the government entity | ||
responsible for maintaining the assessment books and property | ||
record cards for the subject property. The collector, the |
county clerk, and the other government entity must each review | ||
the application and order sent by the State's attorney and | ||
make a determination as to whether an update to its respective | ||
records is necessary to prevent a recurrence of the sale in | ||
error, and update its records as appropriate. | ||
The changes made to this Section by this amendatory Act of | ||
the 103rd General Assembly apply to matters concerning tax | ||
certificates issued on or after the effective date of this | ||
amendatory Act of the 103rd General Assembly. | ||
(Source: P.A. 100-890, eff. 1-1-19; 101-379, eff. 1-1-20; | ||
101-659, eff. 3-23-21.)
| ||
(35 ILCS 200/21-315)
| ||
Sec. 21-315. Refund of costs; interest on refund.
| ||
(a) If a sale in
error under Section 21-310, 22-35, or | ||
22-50
is declared, the amount refunded
shall also include all | ||
costs paid by the owner of the
certificate of
purchase or his | ||
or her assignor which were posted to the tax judgment, sale,
| ||
redemption and forfeiture record , except that if the sale in | ||
error is declared under Section 22-50, in counties of | ||
3,000,000 or more inhabitants the amount refunded shall not | ||
include the $100 fee paid in accordance with Section 21-330 .
| ||
(b) In those cases which arise solely under grounds set | ||
forth in Section
21-310, the amount refunded shall also | ||
include
interest
on the refund of the amount paid
for the | ||
certificate of purchase, except as otherwise provided in this |
Section.
Interest shall be awarded and paid to the tax | ||
purchaser at the rate of 1% per
month from the date of sale to | ||
the date of payment, or in an amount equivalent
to the penalty | ||
interest which would be recovered on a redemption at the time | ||
of
payment pursuant to the order for sale in error, whichever | ||
is less. Interest
shall not be paid when the sale in error is | ||
made pursuant to paragraph (2) or
(4) of
subsection (b) of | ||
Section 21-310, Section 22-35, Section 22-50, subdivision | ||
(a)(5), (b)(1), (b)(2), or (b)(4) of Section 21-310, any | ||
ground
not enumerated in Section 21-310, or in any other case | ||
where the court
determines that the
tax purchaser had actual | ||
knowledge prior to the sale of the grounds on which
the sale is | ||
declared to be erroneous.
| ||
(c) When the county collector files a petition for sale in | ||
error under
Section 21-310 and mails a notice thereof by
| ||
certified or registered mail to the
last known owner of the | ||
certificate of purchase, any interest otherwise
payable under | ||
this Section shall cease to accrue as of the date the
petition | ||
is filed, unless the tax purchaser agrees to an order for sale | ||
in
error upon the presentation of the petition to the court. | ||
Notices under
this subsection may be mailed to the last known | ||
owner of the
certificate of
purchase. When the
owner of the | ||
certificate of purchase contests the collector's petition
| ||
solely to determine whether the grounds for sale in error are | ||
such as to
support a claim for interest, the court may direct | ||
that the principal
amount of the refund be paid to the owner of |
the certificate of purchase
forthwith. If the court thereafter | ||
determines that a claim for interest
lies under this Section, | ||
it shall award such interest from the date of sale
to the date | ||
the principal amount was paid. If the owner of the certificate | ||
of purchase files an objection to the county collector's | ||
intention to declare an administrative sale in error, as | ||
provided under subsection (c) of Section 21-310, and, | ||
thereafter, the county collector elects to apply to the | ||
circuit court for a sale in error under subsection (a) of | ||
Section 21-310, then, if the circuit court grants the county | ||
collector's application for a sale in error, the court may not | ||
award interest to the owner of the certificate of purchase for | ||
the period after the mailing date of the county collector's | ||
notice of intention to declare an administrative sale in | ||
error.
| ||
(Source: P.A. 94-662, eff. 1-1-06.)
| ||
(35 ILCS 200/21-330)
| ||
Sec. 21-330. Fund for payment of interest. In all counties | ||
of less than 3,000,000 inhabitants, the county board, by | ||
resolution, may impose a fee for payment of interest and | ||
costs. Each person purchasing any property at a sale under | ||
this Code shall pay to the county collector, prior to the | ||
issuance of any certificate of purchase, a fee of up to $60 for | ||
each item purchased.
Each person purchasing
any
property at a | ||
sale held under this Code in a county with 3,000,000 or more
|
inhabitants shall pay to the county collector,
prior to the | ||
issuance of any certificate of purchase, a fee of $100 for each
| ||
item purchased. That amount shall be included in the
price | ||
paid for the certificate of purchase and the amount required | ||
to redeem
under Section 21-355.
| ||
All sums of money received under this Section shall be | ||
paid by the
collector to the county treasurer of the county in | ||
which the property is
situated for deposit into a special | ||
fund. It
shall be the duty of the county treasurer, as trustee | ||
of the fund, to
invest the principal and income of the fund | ||
from time to time, if not
immediately required for payments | ||
under this Section, in investments as are
authorized by | ||
Sections 3-10009 and 3-11002 of the Counties Code. The fund
| ||
shall be held to pay interest and costs
by the county treasurer | ||
as trustee of the fund. No payment shall be made
from the fund | ||
except by order of the court declaring a sale in error under
| ||
Section 21-310, 22-35, or 22-50
or by declaration of the | ||
county collector under subsection (c) of Section
21-310.
| ||
Payments under this Section are subject to the provisions of | ||
subsection (a) of Section 21-315 concerning sales in error | ||
declared under Section 22-50 in counties of 3,000,000 or more | ||
inhabitants. Any moneys accumulated in the fund by the county | ||
treasurer in excess of (i) $100,000 in counties with 250,000 | ||
or less inhabitants or (ii) $500,000 in counties with more | ||
than 250,000 inhabitants shall be paid each year prior to the | ||
commencement of the
annual tax sale, first to satisfy
any |
existing unpaid judgments entered pursuant to Section 21-295, | ||
and any funds
remaining thereafter shall be paid to the | ||
general fund of the county.
| ||
(Source: P.A. 100-1070, eff. 1-1-19 .)
| ||
(35 ILCS 200/21-350)
| ||
Sec. 21-350. Period of redemption. Property sold under | ||
this Code may be
redeemed at any time before the expiration of | ||
2.5 2 years from the date of sale,
except that:
| ||
(a) If on the date of sale the property is vacant | ||
non-farm property or
property containing an improvement | ||
consisting of a structure or structures with
7 or more | ||
residential units or that is commercial or industrial | ||
property, it
may be redeemed at any time before the | ||
expiration of 1 year 6 months from the date of
sale if the | ||
property, at the time of sale, was for each of 2 or more | ||
years
delinquent or forfeited for all or part of the | ||
general taxes due on the
property .
| ||
(b) (Blank) If on the date of sale the property sold | ||
was improved with a
structure consisting of at least one | ||
and not more than 6 dwelling units it
may be redeemed at | ||
any time on or before the expiration of 2 years and 6
| ||
months from the date of sale. If, however, the court that | ||
ordered the
property sold, upon the verified petition of | ||
the holder of the certificate of
purchase brought within 4 | ||
months from the date of sale, finds and declares that
the |
structure on the property is abandoned, then the court may | ||
order that the
property may be redeemed at any time on or | ||
before the expiration of 2 years
from the date of sale. | ||
Notice of the hearing on a petition to declare the
| ||
property abandoned shall be given to the owner or owners | ||
of the property and to
the person in whose name the taxes | ||
were last assessed, by certified or
registered mail sent | ||
to their last known addresses at least 5 days before the
| ||
date of the hearing .
| ||
(c) If the period of redemption has been extended by | ||
the certificate
holder as provided in Section 21-385 or | ||
Section 22-5 , the property may be redeemed on or before
| ||
the extended redemption date. The changes made to this | ||
Section by this amendatory Act of the 103rd General | ||
Assembly apply to matters concerning tax certificates | ||
issued on or after January 1, 2024.
| ||
(Source: P.A. 86-286; 86-413; 86-418; 86-949; 86-1028;
| ||
86-1158; 86-1481; 87-145; 87-236; 87-435; 87-895; 87-1189; | ||
88-455.)
| ||
(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 | ||
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 | ||
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 | ||
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 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 , including | ||
tax liens or certificates held by the county as trustee, | ||
pursuant to Section 21-90 .
| ||
(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.
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 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. 101-659, eff. 3-23-21.)
| ||
(35 ILCS 200/21-370)
| ||
Sec. 21-370. Redemption of forfeited property. Except as | ||
otherwise provided
in Section 21-375, any property forfeited | ||
to the county state may be redeemed or sold
in the following | ||
manner:
| ||
When property has been forfeited for delinquent general | ||
taxes,
the person desiring to redeem shall apply to the county | ||
clerk who shall order
the county collector to receive from the | ||
person the amount of the forfeited
general taxes, statutory | ||
costs, interest prior to forfeiture, printer's fees
due | ||
thereon and, in addition, forfeiture interest at a rate of 12% | ||
per year or
fraction thereof. Upon presentation of the county | ||
clerk's order to the county
collector, the collector shall | ||
receive the amount due on account of forfeited
general taxes | ||
and give the person duplicate receipts, setting forth a
| ||
description of the property and amount received. One of the | ||
receipts shall be
countersigned by the county clerk and, when | ||
so countersigned, shall be evidence
of the redemption of the | ||
property. The receipt shall not be valid until it is
|
countersigned by the county clerk. The other receipt shall be | ||
filed by the
county clerk in his or her office, and the clerk | ||
shall make a proper entry of
the redemption of the property on | ||
the appropriate books in his or her office
and charge the | ||
amount of the redemption to the county collector.
| ||
In counties with 3,000,000 or more inhabitants, when
| ||
property has been forfeited because of the nonpayment of
| ||
delinquent special assessments, the county clerk shall collect | ||
from the person
desiring to redeem the amount due on the | ||
delinquent special assessment,
together with the interest, | ||
costs and penalties fixed by law, and shall
issue a receipt | ||
therefor setting forth a description of the property and
the | ||
amount received. The receipt shall be evidence of the | ||
redemption of
the property therein described. In addition, the | ||
city comptroller or other
officer designated and authorized by | ||
the city council, board of trustees or
other governing body of | ||
any municipal corporation which levied any special
assessment | ||
shall have power to collect the amounts due on properties
| ||
which have been forfeited, and the interest and penalties due | ||
thereon,
based upon an estimate of the cost of redemption | ||
computed by the county
clerk and at a rate to be fixed by the | ||
city council, board of trustees
or other governing body as to | ||
the interest and penalties due thereon and
shall issue a | ||
receipt therefor. The person receiving the receipt shall
file | ||
with the county clerk the receipt of the municipal officer | ||
that
such special assessments and interest and penalties have |
been paid. Upon
the presentation of the receipt the county | ||
clerk shall issue to the person
a certificate of cancellation | ||
setting forth a description of the property,
the special | ||
assessment warrant and installment, and the amount received by | ||
the
municipal officer. The certificate of cancellation shall | ||
be evidence
of the redemption of the property therein | ||
described. The city council, board of
trustees, or other | ||
governing body may authorize the municipal officer to waive
| ||
penalties for the first year in excess of 7%. The form of the | ||
receipt of
redemption for filing with the county clerk shall | ||
be as prescribed by law.
| ||
In counties with less than 3,000,000 inhabitants, when | ||
property has been
forfeited in whole or in part for the | ||
non-payment of delinquent special
assessments, the person | ||
desiring to redeem shall apply to the municipal
collector who | ||
shall receive the amount due on the delinquent special
| ||
assessment, together with the interest, costs and penalties | ||
fixed by law, and
issue a certificate therefor. The recipient | ||
shall file the certificate of the
municipal collector that the | ||
special assessments and the costs, interest and
penalties | ||
thereon have been paid with the county clerk. The municipal
| ||
collector's certificate of payment shall be filed by the | ||
county clerk in his or
her office and the clerk shall make a | ||
proper entry of the redemption on the
books in his or her | ||
office.
| ||
This Section 21-370 does not apply to any forfeiture that |
occurs on or after January 1, 2024. | ||
(Source: P.A. 87-669; 88-455.)
| ||
(35 ILCS 200/21-385)
| ||
Sec. 21-385. Extension of period of redemption. | ||
(a) For any tax certificates held by a county pursuant to | ||
Section 21-90, the redemption period for each tax certificate | ||
shall be extended by operation of law until the date | ||
established by the county as the redemption deadline in a | ||
petition for tax deed filed under Section 22-30. The | ||
redemption deadline established in the petition shall be | ||
identified in the notices provided under Sections 22-10 | ||
through 22-25 of this Code. After a redemption deadline is | ||
established in the petition for tax deed, the county may | ||
further extend the redemption deadline by filing with the | ||
county clerk of the county in which the property is located a | ||
written notice to that effect describing the property, | ||
identifying the certificate number, and specifying the | ||
extended period of redemption. Notwithstanding any expiration | ||
of a prior redemption period, all tax certificates forfeited | ||
to the county and held pursuant to Section 21-90 shall remain | ||
enforceable by the county or its assignee, and redemption | ||
shall be extended by operation of law until the date | ||
established by the county as the redemption deadline in a | ||
petition for tax deed filed under Section 22-30. | ||
(b) Within 60 days of the date of assignment, assignees of |
forfeited certificates under Section 21-90 or Section 21-145 | ||
of this Code must file with the county clerk of the county in | ||
which the property is located a written notice describing the | ||
property, stating the date of the assignment, identifying the | ||
certificate number and specifying a deadline for redemption | ||
that is not later than 3 years from the date of assignment. | ||
Upon receiving the notice, the county clerk shall stamp the | ||
date of receipt upon the notice. If the notice is submitted as | ||
an electronic record, the county clerk shall acknowledge | ||
receipt of the record and shall provide confirmation in the | ||
same manner to the certificate holder. The confirmation from | ||
the county clerk shall include the date of receipt and shall | ||
serve as proof that the notice was filed with the county clerk. | ||
In no event shall a county clerk permit an assignee of | ||
forfeited certificates under Section 21-90 or Section 21-145 | ||
of this Code to extend the period of redemption beyond 3 years | ||
from the date of assignment. If the redemption period expires | ||
and no petition for tax deed has been filed under Section | ||
22-30, the assigned tax certificate shall be forfeited to and | ||
held by the county pursuant to Section 21-90. | ||
(c) Except for the county as trustee pursuant to Section | ||
21-90, the The
purchaser or his or her assignee of property
| ||
sold for nonpayment of general taxes or special assessments | ||
may extend
the period of redemption at any time before the | ||
expiration of the
original period of redemption, or thereafter | ||
prior to the expiration of any
extended period of redemption, |
but only for a period that which will expire not later than 3
| ||
years from the date of sale, by filing with the county clerk of
| ||
the county in which the property is located a written notice to | ||
that
effect describing the property, stating the date of the | ||
sale and
specifying the extended period of redemption. Upon | ||
receiving the notice, the county clerk shall stamp the date of | ||
receipt upon the notice. If the notice is submitted as an | ||
electronic record, the county clerk shall acknowledge receipt | ||
of the record and shall provide confirmation in the same | ||
manner to the certificate holder. The confirmation from the | ||
county clerk shall include the date of receipt and shall serve | ||
as proof that the notice was filed with the county clerk. The | ||
county clerk shall not be required to extend the period of | ||
redemption unless the purchaser or his or her assignee obtains | ||
this acknowledgement of delivery. If prior to the
expiration | ||
of the period of redemption or extended period of redemption
a | ||
petition for tax deed has been filed under Section
22-30, upon | ||
application of the petitioner, the court shall allow the
| ||
purchaser or his or her assignee to extend the period of | ||
redemption after
expiration of the original period or any | ||
extended period of redemption,
provided that any extension | ||
allowed will expire not later than 3 years from the
date of | ||
sale , unless the certificate has been assigned to the county | ||
collector by order of the court which ordered the property | ||
sold, in which case the period of redemption shall be extended | ||
for such period as may be designated by the holder of the |
certificate, such period not to exceed 36 months from the date | ||
of the assignment to the collector . If the period of | ||
redemption is extended, the purchaser or his or
her assignee | ||
must give the notices provided for in Section 22-10 at the
| ||
specified times prior to the expiration of the extended period | ||
of redemption by
causing a sheriff (or if he or she is | ||
disqualified, a coroner) of the county in
which the property, | ||
or any part thereof, is located to serve the notices as
| ||
provided in Sections 22-15 and 22-20.
The notices may also be | ||
served as provided in Sections 22-15 and 22-20 by a
special | ||
process server appointed by the court under Section 22-15 and | ||
as provided in Sections 22-15 and 22-20 .
| ||
The changes made to this Section by this amendatory Act of | ||
the 103rd General Assembly apply to matters concerning tax | ||
certificates issued on or after January 1, 2024. | ||
(Source: P.A. 100-890, eff. 1-1-19; 100-975, eff. 8-19-18; | ||
101-81, eff. 7-12-19.)
| ||
(35 ILCS 200/21-400)
| ||
Sec. 21-400. Special assessments withdrawn or forfeited .
| ||
In counties with 3,000,000 or more inhabitants, the county | ||
clerk, upon
request of the city comptroller or other municipal | ||
officer authorized by the
city council or board of trustees of | ||
any city, village or incorporated town to
make such request, | ||
shall issue to the city, village or incorporated town, a
| ||
certificate of withdrawal or forfeiture countersigned by the |
county collector
for each property withdrawn or forfeited for | ||
non-payment of any special
assessment. The certificate of | ||
withdrawal or forfeiture shall describe the
property withdrawn | ||
or forfeited , the date of the withdrawal or forfeiture, and
| ||
the amount of the special assessment, interest and costs.
| ||
(Source: P.A. 76-2254; 88-455.)
| ||
(35 ILCS 200/21-405)
| ||
Sec. 21-405. Special assessments withdrawn or forfeited. | ||
When property has been forfeited for delinquent general | ||
taxes or
special assessments, a person desiring to purchase | ||
the property shall make
application to the county clerk. The | ||
application shall be accompanied by a
fee of $10 in counties | ||
with 3,000,000 or more inhabitants and $5 in counties
with | ||
less than 3,000,000 inhabitants for each item on which | ||
application is
made. The county clerk shall promptly send | ||
notice by registered or certified
mail, return receipt | ||
requested, to the party in whose name the general taxes
were | ||
last assessed or paid. The notice shall adequately describe | ||
the property,
shall state the name and address of the party in | ||
whose name the general taxes
were last assessed or paid, shall | ||
recite that application has been made to
purchase the property | ||
for forfeited taxes or special assessments
and that the | ||
property will be sold unless redemption is made within 30
days | ||
of the mailing of notice. For 30 days after the mailing, the
| ||
property may be redeemed under Section 21-370.
|
If redemption is not made, the county clerk shall receive
| ||
from the purchaser the amount due on forfeited special | ||
assessments,
together with the interest, costs and penalties | ||
thereon fixed by law, and
shall issue an order to the county | ||
collector directing him or her to receive
from the purchaser | ||
the amount of the forfeited general taxes, together with the
| ||
costs, interest, fees and forfeiture interest provided in
| ||
Section 21-370. In the order, the county clerk shall recite | ||
the amounts
received by him or her on account of forfeited | ||
special assessments and shall
direct the county collector to | ||
issue a receipt in the form of a certificate of
purchase. Upon | ||
presentation of the order of the county clerk, the county
| ||
collector shall receive the amount due on account of forfeited | ||
general taxes,
and shall issue a receipt therefor in the form | ||
of a certificate of purchase.
| ||
The certificate of purchase shall set forth a description | ||
of the property,
and the amount paid by the purchaser on | ||
account of general taxes and special
assessments, and shall be | ||
countersigned by the county clerk. When so
countersigned, the | ||
certificate of purchase shall be evidence of the sale of the
| ||
property and of the receipt by the county collector of the | ||
amounts ordered to
be received by him or her by the county | ||
clerk on account of general taxes, and
evidence of receipt by | ||
the county clerk of the amount received by him or her on
| ||
account of forfeited special assessments. A certificate of | ||
purchase shall not
be valid until it is countersigned by the |
county clerk. Upon countersigning
the certificate, the county | ||
clerk shall make a proper entry of the sale of the
property on | ||
the appropriate books, and charge the amount of the sale money | ||
of
forfeited general taxes to the collector.
| ||
Property purchased under this Section shall be subject to | ||
redemption,
notice, etc., the same as if sold under Section | ||
21-110 through 21-120. Any
special assessment which has been | ||
withdrawn from collection by the municipality
levying it shall | ||
not be subject to sale, but the purchaser, prior to the entry
| ||
of any order for the issuance of a tax deed based on a sale | ||
under this Section,
shall pay to the officer entitled to | ||
receive the amount due on all the
withdrawn special | ||
assessments. The purchaser may file his or her receipts with
| ||
the county clerk and have them posted on the tax judgment, | ||
sale, redemption and
forfeiture record at the same rate of | ||
penalty and in the same manner as in the
case of payment of | ||
taxes and special assessments accruing after the sale, as
| ||
provided in Section 21-355.
| ||
This Section does not apply to any application or | ||
forfeiture that occurs on or after January 1, 2024. | ||
(Source: P.A. 87-669; 88-455.)
| ||
(35 ILCS 200/21-430)
| ||
Sec. 21-430. Partial settlement. In the event an owner or | ||
party interested
requests to make settlement on a part of the | ||
property sold to a municipality,
withdrawn from collection or |
forfeited to the county State for the non-payment of
special | ||
assessments, the municipal officer is hereby authorized to | ||
accept the
pro rata amount of any or all installments of the | ||
special assessment. That
amount shall be computed by the board | ||
of local improvements, or other board or
officer levying the | ||
special assessment, together with interest, costs and
| ||
penalties as provided by law.
| ||
A petition containing the computation shall then be | ||
presented by the
municipality to the court wherein the | ||
original assessment was confirmed.
The petition shall bear the | ||
same number and title as the original
proceeding. At least 10 | ||
days before the date set for the
hearing of the petition, | ||
notices shall be sent by mail, postpaid, to each
of the persons | ||
who last paid the general taxes on the property
originally | ||
assessed. The notices shall contain the description of the
| ||
property as originally assessed, as it is to be divided, and | ||
the division
of the original assessment, or installments | ||
thereof, together with
interest, costs and penalties, showing | ||
the amount to be charged against
each part of the property of | ||
land so divided, the date when the
petition is to be heard, and | ||
the date when objections thereto may be filed.
| ||
An affidavit by one of the members of the board of local | ||
improvements, or
other board or officer computing the | ||
division, attesting to the mailing is
prima facie evidence of | ||
a compliance with this Section. The court shall proceed
to | ||
determine a fair and equitable division of the assessment, or |
any
installment thereof, together with all interest, penalties | ||
and costs. The
court shall order the cancellation of the | ||
certificate of sale, withdrawal or
forfeiture on any part of | ||
the property if settlement is made within 10 days
from the date | ||
of the court's order.
| ||
The county clerk may note on the certificate the partial | ||
cancellation and
shall issue a certificate of cancellation on | ||
that part of the property and
return the certificate to the | ||
municipality. Where a certificate of forfeiture
or withdrawal | ||
has not been issued, the county clerk may accept the Receipt of
| ||
Deposit for Redemption, issued by the municipal officer, as | ||
provided by law,
and the clerk shall issue a certificate of | ||
cancellation on that part of the
property. He or she shall make | ||
proper entry on his or her records showing the
part of the | ||
property on which settlement has been made and the amount due | ||
on
the balance.
| ||
(Source: P.A. 83-358; 88-455.)
| ||
(35 ILCS 200/22-5)
| ||
Sec. 22-5. Notice of sale and redemption rights. In order | ||
to be
entitled to a tax deed, within 4 months and 15 days after | ||
any
sale held under this Code, the purchaser
or his or her | ||
assignee , and the county for all forfeited certificates from | ||
the annual sale, shall deliver to the county clerk a notice
to | ||
be given to the party in whose name the taxes are last assessed | ||
as
shown by the most recent tax collector's warrant books, in |
at least 10
point type in the following form completely filled | ||
in:
| ||
TAKE NOTICE
| ||
County of ...............................................
| ||
Date Premises Sold or Forfeited ..........................
| ||
Certificate No. .........................................
| ||
Sold for General Taxes of (year) ........................
| ||
Sold for Special Assessment of (Municipality)
| ||
and special assessment number ...........................
| ||
Warrant No. ............... Inst. No. .................
| ||
THIS PROPERTY HAS BEEN SOLD FOR
| ||
DELINQUENT TAXES
| ||
Property Address (as identified on the most recent tax bill, | ||
if available) Property located at .
| ||
Legal Description or Property Index No. .....................
| ||
.............................................................
| ||
.............................................................
| ||
This notice is to advise you that the above property has | ||
been
sold for delinquent taxes and that the period of | ||
redemption from
the sale will expire on
| ||
This notice is also to advise you that a petition may will | ||
be filed for a
tax deed which will transfer title and the right | ||
to possession of the above-referenced this
property | ||
("Property") if redemption is not made on or before the | ||
redemption deadline.
| ||
To determine the redemption deadline and the total amount |
you must pay to redeem the sold taxes, you must immediately | ||
contact the County Clerk at the address, phone number, or | ||
email address below. Check with the County Clerk for the exact | ||
amount you owe before redeeming. Payment must be made by | ||
certified check, cashier's check, money order, or in cash to | ||
the County Clerk. | ||
At the date of this notice the total amount which you must | ||
pay in order
to redeem the above property is
| ||
YOU ARE URGED TO REDEEM IMMEDIATELY TO
| ||
PREVENT LOSS OF PROPERTY
| ||
Property sold under the Property Tax Code may be redeemed | ||
by any owner or person holding an interest in the Property at | ||
any time before the following deadlines (based on property | ||
classification as of the Date of Sale): | ||
You must redeem your taxes within one year of the Date of | ||
Sale for the following classifications: | ||
(1) vacant non-farm property; | ||
(2) property containing an improvement consisting of a | ||
structure or structures with 7 or more residential units; | ||
and | ||
(3) commercial or industrial property. | ||
You must redeem your taxes within 2 1/2 years of the Date | ||
of Sale for the following classifications: | ||
(1) all residential property with less than 6 units; | ||
and | ||
(2) all other property not covered by the 1-year |
redemption period outlined above. | ||
Redemption deadlines may have been extended by the | ||
certificate holder or pursuant to Illinois law. To confirm the | ||
redemption deadline, you must contact the County Clerk at the | ||
address, telephone number, or email address below. Redemption | ||
can be made at any time on or before .... by applying to
the | ||
County Clerk of .... County, Illinois at the Office of the | ||
County Clerk in
...., Illinois. The address, telephone number, | ||
and email address for the County Clerk is as follows:
| ||
The above amount is subject to increase at 6 month | ||
intervals from the
date of sale. Check with the county clerk as | ||
to the exact amount you owe
before redeeming. Payment must be | ||
made by certified check, cashier's check,
money order, or in | ||
cash.
| ||
For further information contact the County Clerk
| ||
ADDRESS:............................
| ||
TELEPHONE AND/OR EMAIL ADDRESS :..........................
| ||
For further information about the redemption deadline, | ||
redemption amount, or payment process, please contact the | ||
County Clerk.
| ||
...............................
| ||
Purchaser or Assignee
| ||
Dated (insert date).
| ||
Within 10 days after receipt of said notice, the county |
clerk shall mail
to the addresses supplied by the purchaser or | ||
assignee, by registered or
certified mail, copies of said | ||
notice to the party in whose name the taxes
are last assessed | ||
as shown by the most recent tax collector's warrant books.
| ||
With the exception of a county or taxing district acquiring | ||
certificates pursuant to Section 21-90 and 21-260, all | ||
purchasers or assignees shall pay to the clerk postage plus | ||
the sum of $10.
The clerk shall write or stamp the date of | ||
receiving the notices upon the
copies of the notices, and | ||
retain one copy.
| ||
With the exception of forfeited tax liens or certificates | ||
held by the county pursuant to Section 21-90, all redemption | ||
periods shall begin on the date of sale. For forfeited tax | ||
liens or certificates held by the county pursuant to Section | ||
21-90, the county may cure any defect in a notice, or failure | ||
to send a notice as required by this Section, by delivering to | ||
the county clerk a notice to be given to the party in whose | ||
name the taxes are last assessed as shown by the most recent | ||
tax collector's warrant books. The redemption period begins on | ||
the date the county delivered the corrected notice to the | ||
clerk, if such extension is otherwise permitted by law. | ||
The changes to this Section made by this amendatory Act of | ||
the 97th General Assembly apply only to tax sales that occur on | ||
or after the effective date of this amendatory Act of the 97th | ||
General Assembly. | ||
The changes made to this Section by this amendatory Act of |
the 103rd General Assembly apply to matters concerning tax | ||
certificates issued on or after the effective date of this | ||
amendatory Act of the 103rd General Assembly. | ||
(Source: P.A. 102-815, eff. 5-13-22.)
| ||
(35 ILCS 200/22-10)
| ||
Sec. 22-10. Notice of expiration of period of redemption. | ||
A purchaser or assignee shall not be entitled to a tax deed to | ||
the
property sold unless, not less than 3 months nor more than | ||
6 months prior to
the expiration of the period of redemption, | ||
he or she gives notice of the
sale and the date of expiration | ||
of the period of redemption to the
owners, occupants, and | ||
parties interested in the property, including any
mortgagee of | ||
record, as provided below. For counties or taxing districts | ||
holding certificates pursuant to Section 21-90, the date of | ||
expiration of the period of redemption shall be designated by | ||
the county or taxing district in its petition for tax deed and | ||
identified in the notice below, which shall be filed with the | ||
county clerk. the
| ||
The Notice to be given to the parties shall be in at least | ||
10-point 10 point
type in the following form completely filled | ||
in:
| ||
TAX DEED NO. .................... FILED ....................
| ||
TAKE NOTICE
| ||
County of ...............................................
| ||
Date Premises Sold or Forfeited ..........................
|
Certificate No. ........................................
| ||
Sold or Forfeited for General Taxes of (year) ...........
| ||
Sold for Special Assessment of (Municipality)
| ||
and special assessment number ...........................
| ||
Warrant No. ................ Inst. No. .................
| ||
THIS PROPERTY HAS BEEN SOLD FOR
| ||
DELINQUENT TAXES
| ||
Property Address (as identified on the most recent tax bill, | ||
if available) Property located at .
| ||
Legal Description or Property Index No. .....................
| ||
.............................................................
| ||
.............................................................
| ||
This notice is to advise you that the above property has
| ||
been sold for delinquent taxes and that the period of
| ||
redemption from the sale will expire on .....................
| ||
.............................................................
| ||
The amount to redeem is subject to increase at 6 month | ||
intervals from
the date of sale and may be further increased if | ||
the purchaser at the tax
sale or his or her assignee pays any | ||
subsequently accruing taxes or special
assessments to redeem | ||
the property from subsequent forfeitures or tax sales.
Check | ||
with the county clerk as to the exact amount you owe before | ||
redeeming.
| ||
This notice is also to advise you that a petition has been | ||
filed for
a tax deed which will transfer title and the right to | ||
possession of this
property if redemption is not made on or |
before ......................................................
| ||
This matter is set for hearing in the Circuit Court of this | ||
county in
...., Illinois on .....
| ||
You may be present at this hearing but your right to redeem | ||
will
already have expired at that time.
| ||
YOU ARE URGED TO REDEEM IMMEDIATELY
| ||
TO PREVENT LOSS OF PROPERTY
| ||
Redemption can be made at any time on or before .... by | ||
applying to
the County Clerk of ...., County, Illinois at the | ||
Office of the County Clerk in
...., Illinois.
| ||
For further information contact the County Clerk
| ||
ADDRESS:....................
| ||
TELEPHONE AND/OR EMAIL ADDRESS :..................
| ||
..........................
| ||
Purchaser or Assignee.
| ||
Dated (insert date).
| ||
In counties with 3,000,000 or more inhabitants, the notice | ||
shall also state
the address, room number , and time at which | ||
the matter is set for hearing.
| ||
The changes to this Section made by Public Act 97-557 | ||
apply only to matters in which a petition for tax deed is filed | ||
on or after July 1, 2012 (the effective date of Public Act | ||
97-557).
| ||
The changes to this Section made by Public Act 102-1003 |
this amendatory Act of the 102nd General Assembly apply to | ||
matters in which a petition for tax deed is filed on or after | ||
May 27, 2022 ( the effective date of Public Act 102-1003) this | ||
amendatory Act of the 102nd General Assembly . Failure of any | ||
party or any public official to comply with the changes made to | ||
this Section by Public Act 102-528 does not invalidate any tax | ||
deed issued prior to May 27, 2022 ( the effective date of Public | ||
Act 102-1003) this amendatory Act of the 102nd General | ||
Assembly . | ||
The changes made to this Section by this amendatory Act of | ||
the 103rd General Assembly apply to matters concerning tax | ||
certificates issued on or after the effective date of this | ||
amendatory Act of the 103rd General Assembly. | ||
(Source: P.A. 102-528, eff. 1-1-22; 102-813, eff. 5-13-22; | ||
102-1003, eff. 5-27-22; revised 9-1-22.)
| ||
(35 ILCS 200/22-15)
| ||
Sec. 22-15. Service of notice. The purchaser or his or her | ||
assignee shall
give the notice required by Section 22-10 by | ||
causing it to be published in a
newspaper as set forth in | ||
Section 22-20. In addition, the notice shall be
served upon | ||
owners who reside on any part of the subject property by | ||
leaving a copy of the notice with those owners personally. The | ||
notice must be served by a sheriff (or if he or she is | ||
disqualified, by a coroner) of the
county in which the | ||
property, or any part thereof, is located or, except in Cook |
County, by a person who is licensed or registered as a private | ||
detective under the Private Detective, Private Alarm, Private | ||
Security, Fingerprint Vendor, and Locksmith Act of 2004 upon | ||
owners who
reside on any part of the property sold by leaving a | ||
copy of the notice with
those owners personally .
| ||
In counties of 3,000,000 or more inhabitants, if the | ||
notice required by Section 22-10 is to be served by the | ||
sheriff, no sale in error may be declared pursuant to Section | ||
22-50 or subparagraph (5) of subsection (a) of Section 21-310 | ||
based upon the sheriff's failure to serve the notice in | ||
accordance with this Section unless the notice and service | ||
list for the first service attempt is delivered by the | ||
purchaser or assignee to the sheriff at least 5 months prior to | ||
the expiration of the period of redemption. Purchasers or | ||
assignees may request that the sheriff make additional service | ||
attempts to the same entities and locations, and the sheriff | ||
may make those additional attempts within the noticing period | ||
established in Section 22-10, but the sheriff's failure to | ||
make such additional service attempts is not grounds for a | ||
sale in error under Section 22-50 or subparagraph (5) of | ||
subsection (a) of Section 21-310. | ||
In counties of 3,000,000 or more inhabitants, if the | ||
purchaser or assignee requests that the sheriff make an | ||
additional service attempt upon an entity or to a location | ||
that was not included on the service list for the first | ||
attempt, then the purchaser or assignee must deliver the |
notice and service list for the additional service attempt to | ||
the sheriff at least 4 months before the expiration of the | ||
period of redemption. If the purchaser or assignee delivers | ||
the notice and service list for an additional service attempt | ||
upon an entity or to a location that was not included on the | ||
service list for the first attempt to the sheriff at least 4 | ||
months before the expiration of the period of redemption, then | ||
the sheriff's failure to serve the notice in accordance with | ||
this Section may be grounds for a sale in error under Section | ||
22-50 but not under subparagraph (5) of subsection (a) of | ||
Section 21-310. If the purchaser or assignee fails to deliver | ||
the notice and service list for an additional service attempt | ||
upon an entity or to a location that was not included on the | ||
first service list to the sheriff at least 4 months prior to | ||
the expiration of the period of redemption, then the sheriff's | ||
failure to serve that additional notice in accordance with | ||
this Section is not grounds for a sale in error under either | ||
Section 22-50 or subparagraph (5) of subsection (a) of Section | ||
21-310. | ||
In counties of 3,000,000 or more inhabitants where a | ||
taxing district is a
petitioner for tax deed pursuant to | ||
Section 21-90, in lieu of service by the
sheriff or coroner the | ||
notice may be served by a special process server
appointed by | ||
the circuit court as provided in this Section. The taxing
| ||
district may move prior to filing one or more petitions for tax | ||
deed for
appointment of such a special process server. The |
court, upon being satisfied
that the person named in the | ||
motion is at least 18 years of age and is capable
of serving | ||
notice as required under this Code, shall enter an order | ||
appointing
such person as a special process server for a | ||
period of one year. The
appointment may be renewed for | ||
successive periods of one year each by motion
and order, and a | ||
copy of the original and any subsequent order shall be filed
in | ||
each tax deed case in which a notice is served by the appointed | ||
person.
Delivery of the notice to and service of the notice by | ||
the special process
server shall have the same force and | ||
effect as its delivery to and service by
the sheriff or | ||
coroner.
| ||
The same form of notice shall also be served, in the manner | ||
set forth under Sections 2-203,
2-204, 2-205, 2-205.1, and | ||
2-211 of the Code of Civil
Procedure, upon all other owners and
| ||
parties interested in the property, if upon diligent inquiry | ||
they can be found
in the county, and upon the occupants of the | ||
property.
| ||
If the property sold has more than 4 dwellings or other | ||
rental units, and
has a managing agent or party who collects | ||
rents, that person
shall be deemed the occupant and shall be | ||
served with notice instead of
the occupants of the individual | ||
units. If the property has no
dwellings or rental units, but | ||
economic or recreational activities are
carried on therein, | ||
the person directing such activities shall be deemed
the | ||
occupant. Holders of rights of entry and possibilities of |
reverter
shall not be deemed parties interested in the | ||
property.
| ||
When a party interested in the property is a trustee, | ||
notice served upon the
trustee shall be deemed to have been | ||
served upon any beneficiary or note
holder thereunder unless | ||
the holder of the note is disclosed of record.
| ||
When a judgment is a lien upon the property sold, the | ||
holder
of the lien shall be served with notice if the name of | ||
the judgment debtor as
shown in the transcript, certified copy | ||
or memorandum of judgment
filed of record is identical, as to | ||
given name and surname, with the
name of the party interested | ||
as it appears of record.
| ||
If any owner or party interested, upon diligent inquiry | ||
and effort,
cannot be found or served with notice in the county | ||
as provided in this
Section, and the person in actual | ||
occupancy and possession is tenant to, or in
possession under | ||
the owners or the parties interested in the property, then
| ||
service of notice upon the tenant, occupant or person in | ||
possession
shall be deemed service upon the owners or parties | ||
interested.
| ||
If any owner or party interested, upon diligent inquiry | ||
and effort
cannot be found or served with notice in the county, | ||
then the person making the
service shall cause a copy of the | ||
notice to be sent by
registered or certified mail, return
| ||
receipt requested, to that party at his or her residence, if | ||
ascertainable.
|
The changes to this Section made by Public Act 95-477
| ||
apply only to matters in which a petition for tax deed is filed | ||
on or after June 1, 2008 (the effective date of Public Act | ||
95-477).
| ||
(Source: P.A. 95-195, eff. 1-1-08; 95-477, eff. 6-1-08; | ||
95-876, eff. 8-21-08.)
| ||
(35 ILCS 200/22-25)
| ||
Sec. 22-25. Mailed notice. In addition to the notice | ||
required to be served
not less than one month nor more than 6
| ||
months prior to the expiration of the
period of redemption, | ||
the purchaser or his or her assignee shall prepare
and deliver | ||
to the clerk of the Circuit Court of the county in which the
| ||
property is located, not more than 6 months and not less than 3 | ||
months 111 days prior to the expiration of the period of | ||
redemption, the notice provided for in this Section, together | ||
with the
statutory costs for mailing the notice by certified | ||
mail, return receipt
requested. The form of notice to be | ||
mailed by the clerk shall be
identical in form to that provided | ||
by Section 22-10 for service upon owners
residing upon the | ||
property sold, except that it shall bear the signature of the
| ||
clerk instead of the name of the purchaser or assignee and | ||
shall designate the parties to whom it is to
be mailed. The | ||
clerk may furnish the form. The clerk
shall mail the notices | ||
delivered to him or her by certified mail,
return receipt | ||
requested, not less than 3 months prior to the expiration of |
the period of redemption. The certificate of the clerk that he | ||
or she has
mailed the notices, together with the return | ||
receipts, shall be filed
in and made a part of the court | ||
record. The notices shall be
mailed to the owners of the | ||
property at their last known addresses, and
to those persons | ||
who are entitled to service of notice as occupants.
| ||
The changes to this Section made by Public Act 97-557 this | ||
amendatory Act of the 97th General Assembly shall be construed | ||
as being declaratory of existing law and not as a new | ||
enactment. | ||
The changes to this Section made by Public Act 102-1003 | ||
this amendatory Act of the 102nd General Assembly apply to | ||
matters in which a petition for tax deed is filed on or after | ||
May 27, 2022 ( the effective date of Public Act 102-1003) this | ||
amendatory Act of the 102nd General Assembly . Failure of any | ||
party or any public official to comply with the changes made to | ||
this Section by Public Act 102-528 does not invalidate any tax | ||
deed issued prior to May 27, 2022 ( the effective date of Public | ||
Act 102-1003) this amendatory Act of the 102nd General | ||
Assembly . | ||
(Source: P.A. 102-528, eff. 1-1-22; 102-815, eff. 5-13-22; | ||
102-1003, eff. 5-27-22; revised 8-12-22.)
| ||
(35 ILCS 200/22-30)
| ||
Sec. 22-30. Petition for deed. At any time within 6
months | ||
but not less
than 3 months prior to the expiration of the |
redemption period for property
sold pursuant to judgment and | ||
order of sale under Sections 21-110 through
21-120 or 21-260 | ||
or otherwise acquired by the county pursuant to Section 21-90 , | ||
the purchaser , or the agent pursuant to Section 21-90, or his | ||
or her assignee may file a petition in
the circuit court in the | ||
same proceeding in which the judgment and order of
sale were | ||
entered, asking that the court direct the county clerk to | ||
issue a tax
deed if the property is not redeemed from the sale. | ||
The petition shall be
accompanied by the statutory filing fee.
| ||
Notice of filing the petition and a date for redemption, | ||
after which the date on which the petitioner intends to
apply | ||
for an order to issue a tax on the petition that a deed if the | ||
taxes are not be issued if the property is not
redeemed , shall | ||
be given to occupants, owners and persons interested in the
| ||
property as part of the notice provided in Sections 22-10 | ||
through 22-25, except
that only one publication is required. | ||
The county clerk shall be notified of
the filing of the | ||
petition and any person owning or interested in the property
| ||
may, if he or she desires, appear in the proceeding.
| ||
The changes to this Section made by this amendatory Act of | ||
the 95th General Assembly apply only to matters in which a | ||
petition for tax deed is filed on or after the effective date | ||
of this amendatory Act of the 95th General Assembly.
| ||
(Source: P.A. 95-477, eff. 6-1-08 .)
| ||
(35 ILCS 200/22-35)
|
Sec. 22-35. Reimbursement of a county or municipality | ||
before issuance of tax deed.
Except in any proceeding in which | ||
the tax purchaser is a county acting as a
trustee for
taxing | ||
districts as provided in Section 21-90,
an order for the | ||
issuance of a tax deed under this Code shall not be entered
| ||
affecting the title to or interest in any property in which a | ||
county, city, village or
incorporated town has an interest | ||
under the police and welfare power by
advancements made from | ||
public funds, until the purchaser or assignee makes
| ||
reimbursement to the county, city, village or incorporated | ||
town of the money so
advanced or the county, city, village, or | ||
town waives its lien on the property for
the money so advanced. | ||
In However, in lieu of reimbursing the county, city, village, | ||
or town for any advancement of money that have not been waived | ||
reimbursement or waiver , the
purchaser or
his or her
assignee | ||
may make application for and the court shall order that the tax
| ||
purchase be set aside as a sale in error. However, a A sale in | ||
error may not be granted under this Section if : | ||
(1) the lien has been released, satisfied, discharged, | ||
or waived ; or | ||
(2) the following conditions apply: | ||
(A) the county, city, village, or town does not | ||
agree to release, discharge, or waive the lien; | ||
(B) the aggregate total of all such liens recorded | ||
against the property by the county, city, village, or | ||
town is less than $5,000; and |
(C) the lien or liens secure money advanced by the | ||
county, city, village, or town to abate conditions on | ||
the property that are in violation of Section 11-20-7, | ||
Section 11-20-12, or Section 11-20-13 of the Illinois | ||
Municipal Code or any other applicable codes or | ||
ordinances adopted by a county, city, village or town | ||
pursuant to its emergency authority to abate neglected | ||
weeds, grass, trees, bushes, garbage, debris, or | ||
graffiti from property . | ||
A filing or appearance fee shall not
be required of a | ||
county, city, village or incorporated town seeking to enforce | ||
its
claim under this Section in a tax deed proceeding.
| ||
(Source: P.A. 101-379, eff. 1-1-20 .)
| ||
(35 ILCS 200/22-40)
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Sec. 22-40. Issuance of deed; possession.
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(a) To obtain an order for issuance of tax deed, the | ||
petitioner must provide sufficient evidence that: If the | ||
(1) the redemption period has expired expires
and the | ||
property has not been redeemed ; and | ||
(2) all taxes and special assessments
which became due | ||
and payable subsequent to the sale have been paid , unless | ||
the county or its agent, as trustee pursuant to Section | ||
21-90, is the petitioner; and | ||
(3) all
forfeitures and sales which occur subsequent | ||
to the sale are paid or redeemed, unless the county or its |
agent, as trustee pursuant to Section 21-90, is the | ||
petitioner; have been redeemed and
| ||
(4) the notices required by law have been given , and | ||
all advancements of public
funds under the police power | ||
made by a county, city, village or town under Section
| ||
22-35 have been paid ; and | ||
(5) the petitioner has complied with all the | ||
provisions of
law entitling him or her to a deed . | ||
Upon receipt of sufficient evidence of the requirements | ||
under this subsection (a), the court shall find that the | ||
petitioner complied with those requirements and shall enter an | ||
order directing the county clerk, on the production of the tax | ||
certificate and a certified copy of the order, to issue to the | ||
purchaser or its assignee a tax deed. , the court shall so find | ||
and shall enter an
order directing the county clerk on the | ||
production of the certificate of
purchase and a certified copy | ||
of the order, to issue to the purchaser or his or
her assignee | ||
a tax deed. The court shall insist on strict compliance with
| ||
Section 22-10 through 22-25. Prior to the entry of an order | ||
directing the
issuance of a tax deed, the petitioner shall | ||
furnish the court with a report of
proceedings of the evidence | ||
received on the application for tax deed and the
report of | ||
proceedings shall be filed and made a part of the court record.
| ||
(b) Except as provided in subsection (e), if If taxes for | ||
years prior to the year or years sold are or become
delinquent | ||
subsequent to the date of sale, the court shall find
that the |
lien of those delinquent taxes has been or will be merged into | ||
the tax
deed grantee's title if the court determines that
the | ||
tax deed grantee or any prior holder of the certificate of | ||
purchase, or
any
person or entity under common ownership or | ||
control with any such grantee or
prior holder of the | ||
certificate of purchase, was at no time the holder of any
| ||
certificate of purchase for the years sought to be merged.
If | ||
delinquent taxes are merged into the tax deed pursuant to this | ||
subsection,
the court shall enter an order declaring which | ||
specific taxes have been or
will
be merged into the tax deed | ||
title and directing the county treasurer and county
clerk to | ||
reflect that declaration in the warrant and judgment records;
| ||
provided,
that no such order shall be effective until a tax | ||
deed has been issued and
timely recorded. Nothing contained in | ||
this Section shall relieve any owner
liable for delinquent | ||
property taxes under this Code from the payment of the
taxes | ||
that have been merged into the title upon issuance of the tax | ||
deed.
| ||
(c) The county clerk is entitled to a fee of $10 in | ||
counties of
3,000,000 or more
inhabitants and $5 in counties | ||
with less than 3,000,000 inhabitants for the
issuance of the | ||
tax deed , with the exception of deeds issued to the county | ||
pursuant to its authority under Section 21-90 . The clerk may | ||
not include in a tax deed more than
one property as listed, | ||
assessed and sold in one description, except in cases
where | ||
several properties are owned by one person.
|
Upon application the court shall, enter an order to place | ||
the tax deed
grantee or the grantee's successor in interest in | ||
possession of the property and may enter orders and grant | ||
relief as
may be necessary or desirable to maintain the | ||
grantee or the grantee's successor in interest in possession.
| ||
(d) The court shall retain jurisdiction to enter orders | ||
pursuant to
subsections (b) and (c) of this Section. This | ||
amendatory Act of the 92nd
General Assembly and this | ||
amendatory Act of the 95th General Assembly shall be construed | ||
as being declarative of existing law
and not as a new | ||
enactment.
| ||
(e) Prior to the issuance of any tax deed under this | ||
Section, the petitioner must redeem all taxes and special | ||
assessments on the property that are subject to a pending tax | ||
petition filed by a county or its assignee pursuant to Section | ||
21-90. | ||
(f) If, for any reason, a purchaser fails to obtain an | ||
order for tax deed within the required time period and no sale | ||
in error was granted or redemption paid, then the certificate | ||
shall be forfeited to the county, as trustee, pursuant to | ||
Section 21-90. | ||
(Source: P.A. 98-1162, eff. 6-1-15 .)
| ||
(35 ILCS 200/22-60)
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Sec. 22-60. Contents of deed; recording. Every tax deed | ||
shall contain the
full names and the true post office address |
and residence of grantee. A county receiving a tax deed | ||
pursuant to Section 21-90 may designate a specific county | ||
agency to be named as the deed grantee. It shall
not be of any | ||
force or effect , and the recipient shall not take title to the | ||
property, until after the deed it has been recorded in the | ||
office of
the recorder.
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(Source: P.A. 83-358; 88-455.)
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