Rep. Calvin L. Giles
Filed: 5/25/2005
 
 

 




 

 		












09400SB2053ham002

LRB094 05570 BDD 47091 a






1

AMENDMENT TO SENATE BILL 2053 




2
    AMENDMENT NO. ______. Amend Senate Bill 2053, AS AMENDED, 
3
as follows:
  
4
in Section 5, Sec. 21-310, by replacing subsection (c) with the 
5
following:
6
    "(c) When the county collector discovers, prior to the 
7
expiration of the period of redemption
within one year after 
8
the
date of sale if taxes were sold at an annual tax sale or 
9
within 180 days after
the date of sale if taxes were sold at a 
10
scavenger tax sale, that a tax sale
should not have occurred 
11
for one or more of the reasons set forth in
subdivision (a)(1), 
12
(a)(2), (a)(6), or (a)(7) of this Section, the county
collector 
13
shall notify the last known owner of the certificate of 
14
purchase by
certified and regular mail, or other means 
15
reasonably calculated to provide
actual notice, that the county 
16
collector intends to declare an administrative
sale in error 
17
and of the reasons therefor, including documentation 
18
sufficient
to establish the reason why the sale should not have 
19
occurred. The owner of the
certificate of purchase may object 
20
in writing within 28 days after the date of
the mailing by the 
21
county collector. If an objection is filed, the county

22
collector shall not administratively declare a sale in error, 
23
but may apply to
the circuit court for a sale in error as 
24
provided in subsection (a) of this
Section. Thirty days 
25
following the receipt of notice by the last known owner of
the 
 


 






09400SB2053ham002
- 2 -
LRB094 05570 BDD 47091 a




1
certificate of purchase, or within a reasonable time 
2
thereafter, the county
collector shall make a written 
3
declaration, based upon clear and convincing
evidence, that the 
4
taxes were sold in error and shall deliver a copy thereof to

5
the county clerk within 30 days after the date the declaration 
6
is made for
entry in the tax judgment, sale, redemption, and 
7
forfeiture record pursuant to
subsection (d) of this Section. 
8
The county collector shall promptly notify the
last known owner 
9
of the certificate of purchase of the declaration by regular

10
mail and shall promptly pay the amount of the tax sale, 
11
together with interest
and costs as provided in Section 21-315, 
12
upon surrender of the original
certificate of purchase.".