Sen. Pat McGuire

Filed: 3/31/2016

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 1525

2    AMENDMENT NO. ______. Amend Senate Bill 1525 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Property Tax Code is amended by changing
5Sections 22-5, 22-10, 22-15, 22-20, 22-25, and 22-45 as
6follows:
 
7    (35 ILCS 200/22-5)
8    Sec. 22-5. Notice of sale and redemption rights. In order
9to be entitled to a tax deed, within 4 months and 15 days after
10any sale held under this Code, the purchaser or his or her
11assignee shall deliver to the county clerk a notice to be given
12to the party in whose name the taxes are last assessed as shown
13by the most recent tax collector's warrant books, in at least
1410 point type with headings in bold type, in the following form
15completely filled in:
16
TAKE NOTICE

 

 

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1    County of ...............................................
2    Date Premises Sold ......................................
3    Certificate No. .........................................
4    Sold for General Taxes of (year) ........................
5    Sold for Special Assessment of (Municipality)
6    and special assessment number ...........................
7    Warrant No. ............... Inst. No. .................
8
THIS PROPERTY HAS BEEN SOLD FOR
9
DELINQUENT TAXES
10Property located at .........................................
11Legal Description or Property Index No. .....................
12.............................................................
13.............................................................
14    This notice is to advise you that the above property has
15been sold for delinquent taxes and that the period of
16redemption from the sale will expire on .....................
17    This notice is also to advise you that a petition will be
18filed for a tax deed which will transfer title and the right to
19possession of this property if redemption is not made on or
20before ......................................................
21    At the date of this notice the total amount which you must
22pay in order to redeem the above property is ................
23
YOU ARE URGED TO REDEEM IMMEDIATELY TO
24
PREVENT LOSS OF PROPERTY
25    Redemption can be made at any time on or before .... by
26applying to the County Clerk of .... County, Illinois at the

 

 

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1Office of the County Clerk in ...., Illinois.
2    The above amount is subject to increase at 6 month
3intervals from the date of sale. Check with the county clerk as
4to the exact amount you owe before redeeming. Payment must be
5made by certified check, cashier's check, money order, or in
6cash.
7    In addition, the notice must contain the following
8information in 10 point bold type:
9    FOR FURTHER INFORMATION CONTACT THE COUNTY CLERK OF (INSERT
10COUNTY), ILLINOIS IMMEDIATELY: For further information contact
11the County Clerk
12ADDRESS:............................
13TELEPHONE:..........................
 
14
...............................
15
Purchaser or Assignee
16
Dated (insert date).

 
17    Within 10 days after receipt of said notice, the county
18clerk shall mail to the addresses supplied by the purchaser or
19assignee, by both registered or certified mail and first class
20mail, copies of said notice to the party in whose name the
21taxes are last assessed as shown by the most recent tax
22collector's warrant books. The purchaser or assignee shall pay
23to the clerk postage plus the sum of $10. The clerk shall write
24or stamp the date of receiving the notices upon the copies of

 

 

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1the notices, and retain one copy.
2    The changes to this Section made by this amendatory Act of
3the 97th General Assembly apply only to tax sales that occur on
4or after the effective date of this amendatory Act of the 97th
5General Assembly.
6(Source: P.A. 97-557, eff. 7-1-12.)
 
7    (35 ILCS 200/22-10)
8    Sec. 22-10. Notice of expiration of period of redemption. A
9purchaser or assignee shall not be entitled to a tax deed to
10the property sold unless, not less than 3 months nor more than
116 months prior to the expiration of the period of redemption,
12he or she gives notice of the sale and the date of expiration
13of the period of redemption to the owners, occupants, and
14parties interested in the property, including any mortgagee of
15record, as provided below.
16    The Notice to be given to the parties shall be in at least
1710 point type with headings in bold type, in the following form
18completely filled in:
19TAX DEED NO. .................... FILED ....................
20
TAKE NOTICE
21    County of ...............................................
22    Date Premises Sold ......................................
23    Certificate No. ........................................
24    Sold for General Taxes of (year) ........................
25    Sold for Special Assessment of (Municipality)

 

 

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1    and special assessment number ...........................
2    Warrant No. ................ Inst. No. .................
3
THIS PROPERTY HAS BEEN SOLD FOR
4
DELINQUENT TAXES
5Property located at .........................................
6Legal Description or Property Index No. .....................
7.............................................................
8.............................................................
9    This notice is to advise you that the above property has
10been sold for delinquent taxes and that the period of
11redemption from the sale will expire on .....................
12.............................................................
13    The amount to redeem is subject to increase at 6 month
14intervals from the date of sale and may be further increased if
15the purchaser at the tax sale or his or her assignee pays any
16subsequently accruing taxes or special assessments to redeem
17the property from subsequent forfeitures or tax sales. Check
18with the county clerk as to the exact amount you owe before
19redeeming.
20    This notice is also to advise you that a petition has been
21filed for a tax deed which will transfer title and the right to
22possession of this property if redemption is not made on or
23before ......................................................
24    This matter is set for hearing in the Circuit Court of this
25county in ...., Illinois on .....
26    You may be present at this hearing but your right to redeem

 

 

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1will already have expired at that time.
2
YOU ARE URGED TO REDEEM IMMEDIATELY
3
TO PREVENT LOSS OF PROPERTY
4    Redemption can be made at any time on or before .... by
5applying to the County Clerk of ...., County, Illinois at the
6Office of the County Clerk in ...., Illinois.
7    In addition, the notice must contain the following
8information in 10 point bold type:
9    FOR FURTHER INFORMATION CONTACT THE COUNTY CLERK OF (INSERT
10COUNTY), ILLINOIS IMMEDIATELY For further information contact
11the County Clerk
12ADDRESS:....................
13TELEPHONE:..................
 
14
..........................
15
Purchaser or Assignee.
16
Dated (insert date).

 
17    In counties with 3,000,000 or more inhabitants, the notice
18shall also state the address, room number and time at which the
19matter is set for hearing.
20    The changes to this Section made by this amendatory Act of
21the 97th General Assembly apply only to matters in which a
22petition for tax deed is filed on or after the effective date
23of this amendatory Act of the 97th General Assembly.
24(Source: P.A. 97-557, eff. 7-1-12.)
 

 

 

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1    (35 ILCS 200/22-15)
2    Sec. 22-15. Service and posting of notice. The purchaser or
3his or her assignee shall give the notice required by Section
422-10 by causing it to be published in a newspaper as set forth
5in Section 22-20. In addition, the notice shall be served by a
6sheriff (or if he or she is disqualified, by a coroner) of the
7county in which the property, or any part thereof, is located
8or, except in Cook County, by a person who is licensed or
9registered as a private detective under the Private Detective,
10Private Alarm, Private Security, Fingerprint Vendor, and
11Locksmith Act of 2004 upon owners who reside on any part of the
12property sold by leaving a copy of the notice with those owners
13personally and by conspicuously and securely posting the notice
14on or immediately adjacent to a principal entry door to the
15property.
16    In counties of 3,000,000 or more inhabitants where a taxing
17district is a petitioner for tax deed pursuant to Section
1821-90, in lieu of service by the sheriff or coroner the notice
19may be served by a special process server appointed by the
20circuit court as provided in this Section. The taxing district
21may move prior to filing one or more petitions for tax deed for
22appointment of such a special process server. The court, upon
23being satisfied that the person named in the motion is at least
2418 years of age and is capable of serving notice as required
25under this Code, shall enter an order appointing such person as

 

 

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1a special process server for a period of one year. The
2appointment may be renewed for successive periods of one year
3each by motion and order, and a copy of the original and any
4subsequent order shall be filed in each tax deed case in which
5a notice is served by the appointed person. Delivery of the
6notice to and service of the notice by the special process
7server shall have the same force and effect as its delivery to
8and service by the sheriff or coroner.
9    The same form of notice shall also be served, in the manner
10set forth under Sections 2-203, 2-204, 2-205, 2-205.1, and
112-211 of the Code of Civil Procedure, upon all other owners and
12parties interested in the property, if upon diligent inquiry
13they can be found in the county, and upon the occupants of the
14property.
15    If the property sold has more than 4 dwellings or other
16rental units, and has a managing agent or party who collects
17rents, that person shall be deemed the occupant and shall be
18served with notice instead of the occupants of the individual
19units. If the property has no dwellings or rental units, but
20economic or recreational activities are carried on therein, the
21person directing such activities shall be deemed the occupant.
22Holders of rights of entry and possibilities of reverter shall
23not be deemed parties interested in the property.
24    When a party interested in the property is a trustee,
25notice served upon the trustee shall be deemed to have been
26served upon any beneficiary or note holder thereunder unless

 

 

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1the holder of the note is disclosed of record.
2    When a judgment is a lien upon the property sold, the
3holder of the lien shall be served with notice if the name of
4the judgment debtor as shown in the transcript, certified copy
5or memorandum of judgment filed of record is identical, as to
6given name and surname, with the name of the party interested
7as it appears of record.
8    If any owner or party interested, upon diligent inquiry and
9effort, cannot be found or served with notice in the county as
10provided in this Section, and the person in actual occupancy
11and possession is tenant to, or in possession under the owners
12or the parties interested in the property, then service of
13notice upon the tenant, occupant or person in possession shall
14be deemed service upon the owners or parties interested.
15    If any owner or party interested, upon diligent inquiry and
16effort cannot be found or served with notice in the county,
17then the person making the service shall cause a copy of the
18notice to be sent by both registered or certified mail, return
19receipt requested, and first class mail, to that party at his
20or her residence, if ascertainable.
21    The changes to this Section made by Public Act 95-477 apply
22only to matters in which a petition for tax deed is filed on or
23after June 1, 2008 (the effective date of Public Act 95-477).
24(Source: P.A. 95-195, eff. 1-1-08; 95-477, eff. 6-1-08; 95-876,
25eff. 8-21-08.)
 

 

 

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1    (35 ILCS 200/22-20)
2    Sec. 22-20. Proof of service of notice; publication of
3notice. The sheriff or coroner serving notice under Section
422-15 shall endorse his or her return thereon and file it with
5the Clerk of the Circuit Court and it shall be a part of the
6court record. A private detective or a special process server
7appointed under Section 22-15 shall make his or her return by
8affidavit and shall file it with the Clerk of the Circuit
9Court, where it shall be a part of the court record. If a
10sheriff, private detective, special process server, or coroner
11to whom any notice is delivered for service, neglects or
12refuses to make the return, the purchaser or his or her
13assignee may petition the court to enter a rule requiring the
14sheriff, private detective, special process server, or coroner
15to make return of the notice on a day to be fixed by the court,
16or to show cause on that day why he or she should not be
17attached for contempt of the court. The purchaser or assignee
18shall cause a written notice of the rule to be served upon the
19sheriff, private detective, special process server, or
20coroner. If good and sufficient cause to excuse the sheriff,
21private detective, special process server, or coroner is not
22shown, the court shall adjudge him or her guilty of a contempt,
23and shall proceed to punish him as in other cases of contempt.
24    If the property is located in a municipality in a county
25with less than 3,000,000 inhabitants, the purchaser or his or
26her assignee shall also publish a notice as to the owner or

 

 

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1party interested, in some newspaper published in the
2municipality. If the property is not in a municipality in a
3county with less than 3,000,000 inhabitants, or if no newspaper
4is published therein, or if the property is in a county with
53,000,000 or more inhabitants, the notice shall be published in
6some newspaper in the county. If no newspaper is published in
7the county, then the notice shall be published in the newspaper
8that is published nearest the county seat of the county in
9which the property is located. If the owners and parties
10interested in the property upon diligent inquiry are unknown to
11the purchaser or his or her assignee, the publication as to
12such owner or party interested, may be made to unknown owners
13or parties interested. Any notice by publication given under
14this Section shall be given 3 times at any time after filing a
15petition for tax deed, but not less than 3 months nor more than
166 months prior to the expiration of the period of redemption.
17The publication notice shall be identical to the fully
18completed form provided in Section 22-10 shall contain (a)
19notice of the filing of the petition for tax deed, (b) the date
20on which the petitioner intends to make application for an
21order on the petition that a tax deed issue, (c) a description
22of the property, (d) the date upon which the property was sold,
23(e) the taxes or special assessments for which it was sold and
24(f) the date on which the period of redemption will expire. The
25publication shall not include more than one property listed and
26sold in one description, except as provided in Section 21-90,

 

 

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1and except that when more than one property is owned by one
2person, all of the parcels owned by that person may be included
3in one notice.
4    The changes to this Section made by Public Act 95-477 apply
5only to matters in which a petition for tax deed is filed on or
6after June 1, 2008 (the effective date of Public Act 95-477).
7(Source: P.A. 95-195, eff. 1-1-08; 95-477, eff. 6-1-08; 95-876,
8eff. 8-21-08.)
 
9    (35 ILCS 200/22-25)
10    Sec. 22-25. Mailed notice. In addition to the notice
11required to be served not less than 3 months nor more than 6
12months prior to the expiration of the period of redemption, the
13purchaser or his or her assignee shall prepare and deliver to
14the clerk of the Circuit Court of the county in which the
15property is located, the notice provided for in this Section,
16together with the statutory costs for mailing the notice by
17both certified mail, return receipt requested, and first class
18mail. The form of notice to be mailed by the clerk shall be
19identical in form to that provided by Section 22-10 for service
20upon owners residing upon the property sold, except that it
21shall bear the signature of the clerk instead of the name of
22the purchaser or assignee and shall designate the parties to
23whom it is to be mailed. The clerk may furnish the form. The
24clerk shall promptly mail the notices delivered to him or her
25by both certified mail, return receipt requested, and first

 

 

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1class mail. The certificate of the clerk that he or she has
2mailed the notices, together with the return receipts, shall be
3filed in and made a part of the court record. The notices shall
4be mailed to the owners of the property at their last known
5addresses, and to those persons who are entitled to service of
6notice as occupants.
7    The changes to this Section made by this amendatory Act of
8the 97th General Assembly shall be construed as being
9declaratory of existing law and not as a new enactment.
10(Source: P.A. 97-557, eff. 7-1-12.)
 
11    (35 ILCS 200/22-45)
12    Sec. 22-45. Tax deed incontestable unless order appealed or
13relief petitioned. Tax deeds issued under Section 22-40 are
14incontestable except by appeal from the order of the court
15directing the county clerk to issue the tax deed. However,
16relief from such order may be had under Sections 2-1203 or
172-1401 of the Code of Civil Procedure in the same manner and to
18the same extent as may be had under those Sections with respect
19to final orders and judgments in other proceedings. The grounds
20for relief under Section 2-1401 shall be limited to:
21        (1) proof that the taxes were paid prior to sale;
22        (2) proof that the property was exempt from taxation;
23        (3) proof by clear and convincing evidence that the tax
24    deed had been procured by fraud or deception by the tax
25    purchaser or his or her assignee; or

 

 

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1        (4) proof by a person or party holding a recorded
2    ownership or other recorded interest in the property that
3    he or she was not named as a party in the publication
4    notice as required by set forth in Section 22-20, and that
5    the tax purchaser or his or her assignee did not make a
6    diligent inquiry and effort to serve that person or party
7    with the notices required by Sections 22-10 through 22-30.
8    In cases of the sale of homestead property in counties with
93,000,000 or more inhabitants, a tax deed may also be voided by
10the court upon petition, filed not more than 3 months after an
11order for tax deed was entered, if the court finds that the
12property was owner occupied on the expiration date of the
13period of redemption and that the order for deed was
14effectuated pursuant to a negligent or willful error made by an
15employee of the county clerk or county collector during the
16period of redemption from the sale that was reasonably relied
17upon to the detriment of any person having a redeemable
18interest. In such a case, the tax purchaser shall be entitled
19to the original amount required to redeem the property plus
20interest from the sale as of the last date of redemption
21together with costs actually expended subsequent to the
22expiration of the period of redemption and reasonable
23attorney's fees, all of which shall be dispensed from the fund
24created by Section 21-295. In those cases of error where the
25court vacates the tax deed, it may award the petitioner
26reasonable attorney's fees and court costs actually expended,

 

 

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1payable from that fund. The court hearing a petition filed
2under this Section or Section 2-1401 of the Code of Civil
3Procedure may concurrently hear a petition filed under Section
421-295 and may grant relief under any Section.
5    This amendatory Act of the 95th General Assembly shall be
6construed as being declarative of existing law and not as a new
7enactment.
8(Source: P.A. 95-477, eff. 6-1-08.)
 
9    Section 99. Effective date. This Act takes effect upon
10becoming law.".