Illinois General Assembly - Full Text of HB5202
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Full Text of HB5202  95th General Assembly

HB5202 95TH GENERAL ASSEMBLY


 


 
95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
HB5202

 

Introduced , by Rep. Dan Reitz

 

SYNOPSIS AS INTRODUCED:
 
35 ILCS 200/21-240
35 ILCS 200/21-243 new

    Amends the Property Tax Code. Provides that if, at an annual tax sale, property is purchased in error and the purchaser notifies the collector of the error before the end of the auction, then the collector shall reoffer that property for sale before the end of the auction. Effective immediately.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1     AN ACT concerning revenue.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Property Tax Code is amended by changing
5 Section 21-240 and by adding Section 21-243 as follows:
 
6     (35 ILCS 200/21-240)
7     Sec. 21-240. Payment for property purchased at tax sale;
8 reoffering for sale. Except as otherwise provided below, the
9 person purchasing any property, or any part thereof, shall be
10 liable to the county for the amount due and shall forthwith pay
11 to the county collector the amount charged on the property.
12 Upon failure to do so, the amount due shall be recoverable in a
13 civil action brought in the name of the People of the State of
14 Illinois in any court of competent jurisdiction. The person so
15 purchasing shall be relieved of liability only by payment of
16 the amount due together with interest and costs thereon, or if
17 the property is reoffered at the sale, purchased and paid for.
18 Except as provided under Section 21-243, the reoffering
19 Reoffering of the property for sale shall be at the discretion
20 of the collector. The sale shall not be closed until payment is
21 made or the property again offered for sale. In counties with
22 3,000,000 or more inhabitants, only the taxes, special
23 assessments, interest and costs as advertised in the sale shall

 

 

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1 be required to be paid forthwith. The general taxes charged on
2 the land remaining due and unpaid, including amounts subject to
3 certificates of error, not included in the advertisement, shall
4 be paid by the purchaser within 10 days after the sale, except
5 that upon payment of the fee provided by law to the County
6 Clerk (which fee shall be deemed part of the costs of sale) the
7 purchaser may make written application, within the 10 day
8 period, to the county clerk for a statement of all taxes,
9 interest and costs due and an estimate of the cost of
10 redemption of all forfeited general taxes, which were not
11 included in the advertisement. After obtaining such statement
12 and estimate and an order on the county collector to receive
13 the amount of forfeited general taxes, if any, the purchaser
14 shall pay to the county collector all the remaining taxes,
15 interest and costs, and the amount necessary to redeem the
16 forfeited general taxes. The county collector shall issue the
17 purchaser a receipt therefor. Any delay in providing the
18 statement or in accepting payment, and delivering receipt
19 therefor, shall not be counted as a part of the 10 days. When
20 the receipt of the collector is issued, a copy shall be filed
21 with the county clerk and the county clerk shall include the
22 amount shown in such receipt in the amount of the purchase
23 price of the property in the certificate of purchase. The
24 purchaser then shall be entitled to a certificate of purchase.
25 If a purchaser fails to complete his or her purchase as
26 provided in this Section, the purchase shall become void, and

 

 

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1 be of no effect, but the collector shall not refund the amount
2 paid in cash at the time of the sale, except in cases of sale in
3 error. That amount shall be treated as a payment and
4 distributed to the taxing bodies as other collections are
5 distributed. The lien for taxes for the amount paid shall
6 remain on the property, in favor of the purchaser, his or her
7 heirs or assigns, until paid with 5% interest per year on that
8 amount from the date the purchaser paid it. The amount and fact
9 of such ineffective purchase shall be entered in the tax
10 judgment, sale, redemption and forfeiture record opposite the
11 property upon which the lien remains. No redemption shall be
12 made without payment of this amount for the benefit of the
13 purchaser, and no future sale of the property shall be made
14 except subject to the lien of such purchaser. This section
15 shall not apply to any purchase by any city, village or
16 incorporated town in default of other bidders at any sale for
17 delinquent special assessments.
18 (Source: P.A. 84-1308; 88-455.)
 
19     (35 ILCS 200/21-243 new)
20     Sec. 21-243. Reoffering property purchased in error. If
21 property is purchased in error and the purchaser notifies the
22 collector of the error before the end of the auction, then the
23 collector shall reoffer that property for sale before the end
24 of the auction.
 
25     Section 99. Effective date. This Act takes effect upon

 

 

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1 becoming law.