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91_HB1769enr
HB1769 Enrolled LRB9104011PTpk
1 AN ACT to amend certain Acts in relation to real
2 property.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Property Tax Code is amended by changing
6 Sections 21-385, 22-15, and 22-20 as follows:
7 (35 ILCS 200/21-385)
8 Sec. 21-385. Extension of period of redemption. The
9 purchaser or his or her assignee of property sold for
10 nonpayment of general taxes or special assessments may extend
11 the period of redemption at any time before the expiration of
12 the original period of redemption, or thereafter prior to the
13 expiration of any extended period of redemption, for a period
14 which will expire not later than 3 years from the date of
15 sale, by filing with the county clerk of the county in which
16 the property is located a written notice to that effect
17 describing the property, stating the date of the sale and
18 specifying the extended period of redemption. If prior to
19 the expiration of the period of redemption or extended period
20 of redemption a petition for tax deed has been filed under
21 Section 22-30, upon application of the petitioner, the court
22 shall allow the purchaser or his or her assignee to extend
23 the period of redemption after expiration of the original
24 period or any extended period of redemption, provided that
25 any extension allowed will expire not later than 3 years from
26 the date of sale. If the period of redemption is extended,
27 the purchaser or his or her assignee must give the notices
28 provided for in Section 22-10 at the specified times prior to
29 the expiration of the extended period of redemption by
30 causing a sheriff (or if he or she is disqualified, a
31 coroner) of the county in which the property, or any part
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1 thereof, is located to serve the notices as provided in
2 Sections 22-15 and 22-20. The notices may also be served as
3 provided in Sections 22-15 and 22-20 by a special process
4 server appointed by the court under Section 22-15.
5 (Source: P.A. 86-949; 87-1189; 88-455.)
6 (35 ILCS 200/22-15)
7 Sec. 22-15. Service of notice. The purchaser or his or
8 her assignee shall give the notice required by Section 22-10
9 by causing it to be published in a newspaper as set forth in
10 Section 22-20. In addition, the notice shall be served by a
11 sheriff (or if he or she is disqualified, by a coroner) of
12 the county in which the property, or any part thereof, is
13 located upon owners who reside on any part of the property
14 sold by leaving a copy of the notice with those owners
15 personally.
16 In counties of 3,000,000 or more inhabitants where a
17 taxing district is a petitioner for tax deed pursuant to
18 Section 21-90, in lieu of service by the sheriff or coroner
19 the notice may be served by a special process server
20 appointed by the circuit court as provided in this Section.
21 The taxing district may move prior to filing one or more
22 petitions for tax deed for appointment of such a special
23 process server. The court, upon being satisfied that the
24 person named in the motion is at least 18 years of age and is
25 capable of serving notice as required under this Code, shall
26 enter an order appointing such person as a special process
27 server for a period of one year. The appointment may be
28 renewed for successive periods of one year each by motion and
29 order, and a copy of the original and any subsequent order
30 shall be filed in each tax deed case in which a notice is
31 served by the appointed person. Delivery of the notice to
32 and service of the notice by the special process server shall
33 have the same force and effect as its delivery to and service
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1 by the sheriff or coroner.
2 The same form of notice shall also be served upon all
3 other owners and parties interested in the property, if upon
4 diligent inquiry they can be found in the county, and upon
5 the occupants of the property in the following manner:
6 (a) as to individuals, by (1) leaving a copy of the
7 notice with the person personally or (2) by leaving a
8 copy at his or her usual place of residence with a person
9 of the family, of the age of 13 years or more, and
10 informing that person of its contents. The person making
11 the service shall cause also send a copy of the notice to
12 be sent by registered or certified mail, return receipt
13 requested, to that party at his or her usual place of
14 residence;
15 (b) as to public and private corporations,
16 municipal, governmental and quasi-municipal corporations,
17 partnerships, receivers and trustees of corporations, by
18 leaving a copy of the notice with the person designated
19 by the Civil Practice Law.
20 If the property sold has more than 4 dwellings or other
21 rental units, and has a managing agent or party who collects
22 rents, that person shall be deemed the occupant and shall be
23 served with notice instead of the occupants of the individual
24 units. If the property has no dwellings or rental units, but
25 economic or recreational activities are carried on therein,
26 the person directing such activities shall be deemed the
27 occupant. Holders of rights of entry and possibilities of
28 reverter shall not be deemed parties interested in the
29 property.
30 When a party interested in the property is a trustee,
31 notice served upon the trustee shall be deemed to have been
32 served upon any beneficiary or note holder thereunder unless
33 the holder of the note is disclosed of record.
34 When a judgment is a lien upon the property sold, the
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1 holder of the lien shall be served with notice if the name of
2 the judgment debtor as shown in the transcript, certified
3 copy or memorandum of judgment filed of record is identical,
4 as to given name and surname, with the name of the party
5 interested as it appears of record.
6 If any owner or party interested, upon diligent inquiry
7 and effort, cannot be found or served with notice in the
8 county as provided in this Section, and the person in actual
9 occupancy and possession is tenant to, or in possession under
10 the owners or the parties interested in the property, then
11 service of notice upon the tenant, occupant or person in
12 possession shall be deemed service upon the owners or parties
13 interested.
14 If any owner or party interested, upon diligent inquiry
15 and effort cannot be found or served with notice in the
16 county, then the person making the service shall cause send a
17 copy of the notice to be sent by registered or certified
18 mail, return receipt requested, to that party at his or her
19 residence, if ascertainable.
20 (Source: P.A. 87-1189; 88-455; incorporates 88-451; 88-670,
21 eff. 12-2-94.)
22 (35 ILCS 200/22-20)
23 Sec. 22-20. Proof of service of notice; publication of
24 notice. The sheriff or coroner serving notice under Section
25 22-15 shall endorse his or her return thereon and file it
26 with the Clerk of the Circuit Court and it shall be a part of
27 the court record. A special process server appointed under
28 Section 22-15 shall make his or her return by affidavit and
29 shall file it with the Clerk of the Circuit Court, where it
30 shall be a part of the court record. If a sheriff, special
31 process server, or coroner to whom any notice is delivered
32 for service, neglects or refuses to make the return, the
33 purchaser or his or her assignee may petition the court to
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1 enter a rule requiring the sheriff, special process server,
2 or coroner to make return of the notice on a day to be fixed
3 by the court, or to show cause on that day why he or she
4 should not be attached for contempt of the court. The
5 purchaser or assignee shall cause a written notice of the
6 rule to be served upon the sheriff, special process server,
7 or coroner. If good and sufficient cause to excuse the
8 sheriff, special process server, or coroner is not shown, the
9 court shall adjudge him or her guilty of a contempt, and
10 shall proceed to punish him as in other cases of contempt.
11 If the property is located in a municipality in a county
12 with less than 3,000,000 inhabitants, the purchaser or his or
13 her assignee shall also publish a notice as to the owner or
14 party interested, in some newspaper published in the
15 municipality. If the property is not in a municipality in a
16 county with less than 3,000,000 inhabitants, or if no
17 newspaper is published therein, or if the property is in a
18 county with 3,000,000 or more inhabitants, the notice shall
19 be published in some newspaper in the county. If no
20 newspaper is published in the county, then the notice shall
21 be published in the newspaper that is published nearest the
22 county seat of the county in which the property is located.
23 If the owners and parties interested in the property upon
24 diligent inquiry are unknown to the purchaser or his or her
25 assignee, the publication as to such owner or party
26 interested, may be made to unknown owners or parties
27 interested. Any notice by publication given under this
28 Section shall be given 3 times at any time after filing a
29 petition for tax deed, but not less than 3 months nor more
30 than 5 months prior to the expiration of the period of
31 redemption. The publication shall contain (a) notice of the
32 filing of the petition for tax deed, (b) the date on which
33 the petitioner intends to make application for an order on
34 the petition that a tax deed issue, (c) a description of the
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1 property, (d) the date upon which the property was sold, (e)
2 the taxes or special assessments for which it was sold and
3 (f) the date on which the period of redemption will expire.
4 The publication shall not include more than one property
5 listed and sold in one description, except as provided in
6 Section 21-90, and except that when more than one property is
7 owned by one person, all of the parcels owned by that person
8 may be included in one notice.
9 (Source: P.A. 87-1189; 88-455; 88-535.)
10 Section 10. The Illinois Municipal Code is amended by
11 changing Section 11-31-2 as follows:
12 (65 ILCS 5/11-31-2) (from Ch. 24, par. 11-31-2)
13 Sec. 11-31-2. (a) If the appropriate official of any
14 municipality determines, upon due investigation, that any
15 building or structure therein fails to conform to the minimum
16 standards of health and safety as set forth in the applicable
17 ordinances of such municipality, and the owner or owners of
18 such building or structure fails, after due notice, to cause
19 such property so to conform, the municipality may make
20 application to the circuit court for an injunction requiring
21 compliance with such ordinances or for such other order as
22 the court may deem necessary or appropriate to secure such
23 compliance.
24 If the appropriate official of any municipality
25 determines, upon due investigation, that any building or
26 structure located within the area affected by a conservation
27 plan, adopted by the municipality pursuant to the Urban
28 Community Conservation Act, fails to conform to the standards
29 and provisions of such plan, and the owner or owners of such
30 building or structure fails, after due notice, to cause such
31 property so to conform, the municipality has the power to
32 make application to the circuit court for an injunction
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1 requiring compliance with such plan or for such other order
2 as the court may deem necessary or appropriate to secure such
3 compliance.
4 The hearing upon such suit shall be expedited by the
5 court and shall be given precedence over all other actions.
6 If, upon application hereunder, the court orders the
7 appointment of a receiver to cause such building or structure
8 to conform, such receiver may use the rents and issues of
9 such property toward maintenance, repair and rehabilitation
10 of the property prior to and despite any assignment of rents;
11 and the court may further authorize the receiver to recover
12 the cost of such maintenance, repair and rehabilitation by
13 the issuance and sale of notes or receiver's certificates
14 bearing such interest as the court may fix, and such notes or
15 certificates, after their initial issuance and transfer by
16 the receiver, shall be freely transferable and when sold or
17 transferred by the receiver in return for a valuable
18 consideration in money, material, labor or services, shall be
19 a first lien upon the real estate and the rents and issues
20 thereof, and shall be superior to all prior assignments of
21 rents and all prior existing liens and encumbrances, except
22 taxes; provided, that within 90 days of such sale or transfer
23 for value by the receiver of such note or certificate, the
24 holder thereof shall file notice of lien in the office of the
25 recorder in the county in which the real estate is located,
26 or in the office of the registrar of titles of such county if
27 the real estate affected is registered under the Registered
28 Titles (Torrens) Act. The notice of the lien filed shall set
29 forth (1) a description of the real estate affected
30 sufficient for the identification thereof, (2) the face
31 amount of the receiver's note or certificate, together with
32 the interest payable thereon, and (3) the date when the
33 receiver's note or certificate was sold or transferred for
34 value by the receiver. Upon payment to the holder of the
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1 receiver's note or certificate of the face amount thereof
2 together with any interest thereon to such date of payment,
3 and upon the filing of record of a sworn statement of such
4 payment, the lien of such certificate shall be released.
5 Unless the lien is enforced pursuant to subsection (b), the
6 lien may be enforced by proceedings to foreclose as in the
7 case of mortgages or mechanics' liens, and such action to
8 foreclose such lien may be commenced at any time after the
9 date of default. For the purposes of this subsection (a), the
10 date of default shall be deemed to occur 90 days from the
11 date of issuance of the receiver's certificate if at that
12 time the certificate remains unpaid in whole or in part.
13 In the event a receiver appointed under this subsection
14 (a) completes a feasibility study which study finds that the
15 property cannot be economically brought into compliance with
16 the minimum standards of health and safety as set forth in
17 the applicable ordinances of the municipality, the receiver
18 may petition the court for reimbursement for the cost of the
19 feasibility study from the receivership feasibility study and
20 fee fund. The court shall review the petition and authorize
21 reimbursement from the fund to the receiver if the court
22 finds that the findings in the feasibility report are
23 reasonable, that the fee for the feasibility report is
24 reasonable, and that the receiver is unable to obtain
25 reimbursement other than by foreclosure of a lien on the
26 property. If the court grants the petition for reimbursement
27 from the fund and, upon receiving certification from the
28 court of the amount to be paid, the county treasurer shall
29 order that amount paid from the fund to the receiver. If the
30 court grants the petition for reimbursement from the fund,
31 the court shall also authorize and direct the receiver to
32 issue a certificate of lien against title. The recorded lien
33 shall be a first lien upon the real estate and shall be
34 superior to all prior liens and encumbrances except real
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1 estate taxes. The court shall also order the receiver to
2 reimburse the fund to the extent that the receiver is
3 reimbursed upon foreclosure of the receiver's lien upon sale
4 of the property.
5 In any proceedings hereunder in which the court orders
6 the appointment of a receiver, the court may further
7 authorize the receiver to enter into such agreements and to
8 do such acts as may be required to obtain first mortgage
9 insurance on the receiver's notes or certificates from an
10 agency of the Federal Government.
11 (b) In any case where a municipality has obtained a lien
12 pursuant to subsection (a), the municipality may enforce such
13 lien pursuant to this subsection (b) in the same proceeding
14 in which the lien is authorized.
15 A municipality desiring to enforce a lien under this
16 subsection (b) shall petition the court to retain
17 jurisdiction for foreclosure proceedings under this
18 subsection. Notice of the petition shall be served, by
19 certified or registered mail, on all persons who were served
20 notice under subsection (a). The court shall conduct a
21 hearing on the petition not less than 15 days after such
22 notice is served. If the court determines that the
23 requirements of this subsection (b) have been satisfied, it
24 shall grant the petition and retain jurisdiction over the
25 matter until the foreclosure proceeding is completed. If the
26 court denies the petition, the municipality may enforce the
27 lien in a separate action as provided in subsection (a).
28 All persons designated in Section 15-1501 of the Code of
29 Civil Procedure as necessary parties in a mortgage
30 foreclosure action shall be joined as parties prior to
31 issuance of an order of foreclosure. Persons designated in
32 Section 15-1501 of the Code of Civil Procedure as permissible
33 parties may also be joined as parties in the action.
34 The provisions of Article XV of the Code of Civil
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1 Procedure applicable to mortgage foreclosures shall apply to
2 the foreclosure of a lien pursuant to this subsection (b),
3 except to the extent that such provisions are inconsistent
4 with this subsection. However, for purposes of foreclosures
5 of liens pursuant to this subsection, the redemption period
6 described in subsection (b) of Section 15-1603 of the Code of
7 Civil Procedure shall end 60 days after the date of entry of
8 the order of foreclosure.
9 (Source: P.A. 88-658, eff. 1-1-95.)
10 Section 15. The Registered Titles (Torrens) Act is
11 amended by changing Sections 100 and 102 and adding Section
12 102.3 as follows:
13 (765 ILCS 35/100) (from Ch. 30, par. 137)
14 Sec. 100. All sums of money received pursuant to Sections
15 40, 99, and 108 of this Act shall be paid by the registrar to
16 the county treasurer of the county in which the land is
17 situated, for the purpose of maintaining an indemnity fund
18 under the terms of this Act, and for the purposes provided
19 for in Sections 102.1, and 102.2, and 102.3. It shall be the
20 duty of the treasurer to invest all of the fund, including
21 both principal and income, from time to time if not
22 immediately required for payments of indemnities in
23 accordance with Division 3-11 and other applicable provisions
24 of the Counties Code. The county treasurer shall report
25 annually to the county board the condition and income of the
26 fund and forward a copy of the report to the registrar.
27 (Source: P.A. 90-778, eff. 8-14-98.)
28 (765 ILCS 35/102) (from Ch. 30, par. 139)
29 Sec. 102. Except as otherwise provided in Sections 102.1,
30 and 102.2, and 102.3 of this Act, the indemnity fund shall
31 be held to satisfy judgments obtained or claims allowed
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1 against the county for losses or damages as aforesaid. Such
2 claims for damages shall be presented to the registrar and
3 county board, and such county board is hereby authorized and
4 empowered to allow or reject the same and to provide for the
5 payment of such claims as may be allowed. No claims for
6 such losses or damages shall be allowed and paid by any such
7 county board unless upon the recommendation of the registrar
8 who shall be in office at the time the claim shall be
9 allowed. The county board shall grant or deny such claims in
10 whole or in part within 60 days from the date of the receipt
11 thereof by the county board. In the event the county board
12 shall fail to grant or deny such claims in whole or in part
13 within 60 days from the date of the receipt thereof, the
14 claims are deemed to be denied. Judicial review may be had
15 in accordance with Administrative Review Law as heretofore or
16 hereafter amended.
17 (Source: P.A. 90-778, eff. 8-14-98.)
18 (765 ILCS 35/102.3 new)
19 Sec. 102.3. Transfer to the receivership feasibility
20 study and fee fund. Within 30 days after the effective date
21 of this amendatory Act of the 91st General Assembly, the
22 county treasurer shall transfer $250,000 from the indemnity
23 fund to the receivership feasibility study and fee fund, a
24 special fund created in the county treasury. Moneys in the
25 fund shall be used for reimbursements to receivers for whom
26 the county treasurer has received a certification of
27 reimbursement due from the circuit court under Section
28 11-31-2 of the Illinois Municipal Code.
29 Section 99. Effective date. This Act takes effect upon
30 becoming law.
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