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Sen. Terry Link
Filed: 4/28/2004
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09300HB3985sam001 |
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LRB093 14721 BDD 50227 a |
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| AMENDMENT TO HOUSE BILL 3985
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| AMENDMENT NO. ______. Amend House Bill 3985 as follows:
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| on page 1, by replacing line 5 with the following: |
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| "Sections 21-225 and 22-15 as follows:"; and
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| on page 1, immediately below line 27, by inserting the |
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| following:
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| "(35 ILCS 200/22-15)
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| Sec. 22-15. Service of notice. The purchaser or his or her |
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| assignee shall
give the notice required by Section 22-10 by |
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| causing it to be published in a
newspaper as set forth in |
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| Section 22-20. In addition, the notice shall be
served (i) in |
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| all counties except Cook County, by a process server, as
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| provided in Section 2-202 of the Code of Civil
Procedure, or |
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| (ii) in all counties, by a sheriff (or if he or she is
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| disqualified, by
a coroner) of the
county in which the |
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| property, or any part thereof, is located upon owners who
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| reside on any part of the property sold by leaving a copy of |
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| the notice with
those owners personally.
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| In counties of 3,000,000 or more inhabitants where a taxing |
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| district is a
petitioner for tax deed pursuant to Section |
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| 21-90, in lieu of service by the
sheriff or coroner the notice |
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| may be served by a special process server
appointed by the |
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| circuit court as provided in this Section. The taxing
district |
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09300HB3985sam001 |
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LRB093 14721 BDD 50227 a |
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| may move prior to filing one or more petitions for tax deed for
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| appointment of such a special process server. The court, upon |
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| being satisfied
that the person named in the motion is at least |
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| 18 years of age and is capable
of serving notice as required |
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| under this Code, shall enter an order appointing
such person as |
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| a special process server for a period of one year. The
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| appointment may be renewed for successive periods of one year |
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| each by motion
and order, and a copy of the original and any |
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| subsequent order shall be filed
in each tax deed case in which |
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| a notice is served by the appointed person.
Delivery of the |
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| notice to and service of the notice by the special process
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| server shall have the same force and effect as its delivery to |
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| and service by
the sheriff or coroner.
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| The same form of notice shall also be served upon all other |
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| owners and
parties interested in the property, if upon diligent |
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| inquiry they can be found
in the county, and upon the occupants |
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| of the property in the following manner:
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| (a) as to individuals, by (1) leaving a copy of the |
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| notice with the person
personally or (2) by leaving a copy |
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| at his or her usual place of residence with
a person of the |
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| family, of the age of 13 years or more, and informing that
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| person of its contents. The person making the service shall |
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| cause a copy
of the notice to be sent by registered or |
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| certified mail, return receipt
requested, to
that party at |
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| his or her usual place of residence;
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| (b) as to public and private corporations, municipal, |
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| governmental and
quasi-municipal corporations, |
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| partnerships, receivers and trustees of
corporations, by |
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| leaving a copy of the notice with the person designated by |
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| the
Civil Practice Law.
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| If the property sold has more than 4 dwellings or other |
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| rental units, and
has a managing agent or party who collects |
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| rents, that person
shall be deemed the occupant and shall be |
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| served with notice instead of
the occupants of the individual |
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LRB093 14721 BDD 50227 a |
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| units. If the property has no
dwellings or rental units, but |
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| economic or recreational activities are
carried on therein, the |
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| person directing such activities shall be deemed
the occupant. |
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| Holders of rights of entry and possibilities of reverter
shall |
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| not be deemed parties interested in the property.
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| When a party interested in the property is a trustee, |
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| notice served upon the
trustee shall be deemed to have been |
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| served upon any beneficiary or note
holder thereunder unless |
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| the holder of the note is disclosed of record.
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| When a judgment is a lien upon the property sold, the |
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| holder
of the lien shall be served with notice if the name of |
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| the judgment debtor as
shown in the transcript, certified copy |
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| or memorandum of judgment
filed of record is identical, as to |
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| given name and surname, with the
name of the party interested |
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| as it appears of record.
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| If any owner or party interested, upon diligent inquiry and |
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| effort,
cannot be found or served with notice in the county as |
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| provided in this
Section, and the person in actual occupancy |
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| and possession is tenant to, or in
possession under the owners |
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| or the parties interested in the property, then
service of |
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| notice upon the tenant, occupant or person in possession
shall |
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| be deemed service upon the owners or parties interested.
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| If any owner or party interested, upon diligent inquiry and |
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| effort
cannot be found or served with notice in the county, |
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| then the person making the
service shall cause a copy of the |
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| notice to be sent by
registered or certified mail, return
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| receipt requested, to that party at his or her residence, if |
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| ascertainable.
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| (Source: P.A. 91-209, eff. 1-1-00; 91-554, eff. 8-14-99.)".
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