Full Text of SB0262 94th General Assembly
SB0262sam001 94TH GENERAL ASSEMBLY
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Sen. Terry Link
Filed: 4/11/2005
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| AMENDMENT TO SENATE BILL 262
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| AMENDMENT NO. ______. Amend Senate Bill 262 as follows:
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| on page 1, by replacing line 5 with the following: | 4 |
| "Sections 21-260, 21-285, 21-290, 21-360, 22-10, 22-20, | 5 |
| 22-25,"; and | 6 |
| on page 1, immediately below line 6, by inserting the | 7 |
| following:
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| "(35 ILCS 200/21-260)
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| Sec. 21-260. Collector's scavenger sale. Upon the county | 10 |
| collector's
application under Section 21-145, to be known as | 11 |
| the Scavenger Sale
Application, the Court shall enter judgment | 12 |
| for the general taxes, special
taxes, special assessments, | 13 |
| interest, penalties and costs as are included in
the | 14 |
| advertisement and appear to be due thereon after allowing an | 15 |
| opportunity to
object and a hearing upon the objections as | 16 |
| provided in Section 21-175, and
order those properties sold by | 17 |
| the County Collector at public sale to the
highest bidder for | 18 |
| cash, notwithstanding the bid may be less than the full
amount | 19 |
| of taxes, special taxes, special assessments, interest, | 20 |
| penalties and
costs for which judgment has been entered.
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| (a) Conducting the sale - Bidding. All properties shall be | 22 |
| offered for
sale in consecutive order as they appear in the | 23 |
| delinquent list. The minimum
bid for any property shall be $250 |
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| or one-half of the tax if the total
liability is less than | 2 |
| $500. The successful bidder shall immediately pay the
amount of | 3 |
| minimum bid to the County Collector in cash, by certified or
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| cashier's check, by money order, or, if the
successful bidder | 5 |
| is a governmental unit, by a check issued by that
governmental | 6 |
| unit. If the bid exceeds the minimum bid, the
successful bidder | 7 |
| shall pay the balance of the bid to the county collector in
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| cash, by certified or cashier's check, by money order, or, if | 9 |
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successful bidder is a governmental unit, by a check issued | 10 |
| by that
governmental unit
by the close of the
next business | 11 |
| day. If the minimum bid is not paid at the time of sale or if
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| the balance is not paid by the close of the next business day, | 13 |
| then the sale is
void and the minimum bid, if paid, is | 14 |
| forfeited to the county general fund. In
that event, the | 15 |
| property shall be reoffered for sale within 30 days of the last
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| offering of property in regular order. The collector shall make | 17 |
| available to
the public a list of all properties to be included | 18 |
| in any reoffering due to the
voiding of the original sale. The | 19 |
| collector is not required to serve or
publish any other notice | 20 |
| of the reoffering of those properties. In the event
that any of | 21 |
| the properties are not sold upon reoffering, or are sold for | 22 |
| less
than the amount of the original voided sale, the original | 23 |
| bidder who failed to
pay the bid amount shall remain liable for | 24 |
| the unpaid balance of the bid in an
action under Section | 25 |
| 21-240. Liability shall not be reduced where the bidder
upon | 26 |
| reoffering also fails to pay the bid amount, and in that event | 27 |
| both
bidders shall remain liable for the unpaid balance of | 28 |
| their respective bids. A
sale of properties under this Section | 29 |
| shall not be final until confirmed by the
court.
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| (b) Confirmation of sales. The county collector shall file | 31 |
| his or her
report of sale in the court within 30 days of the | 32 |
| date of sale of each
property. No notice of the county | 33 |
| collector's application to confirm the sales
shall be required | 34 |
| except as prescribed by rule of the court. Upon
confirmation, |
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| except in cases where the sale becomes void under Section | 2 |
| 22-85,
or in cases where the order of confirmation is vacated | 3 |
| by the court, a sale
under this Section shall extinguish the in | 4 |
| rem lien of the general taxes,
special taxes and special | 5 |
| assessments for which judgment has been entered and a
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| redemption shall not revive the lien. Confirmation of the sale | 7 |
| shall in no
event affect the owner's personal liability to pay | 8 |
| the taxes, interest and
penalties as provided in this Code or | 9 |
| prevent institution of a proceeding under
Section 21-440 to | 10 |
| collect any amount that may remain
due after the sale.
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| (c) Issuance of tax sale certificates. Upon confirmation of | 12 |
| the sale the
County Clerk and the County Collector shall issue | 13 |
| to the purchaser a
certificate of purchase in the form | 14 |
| prescribed by Section 21-250 as near as may
be. A certificate | 15 |
| of purchase shall not be issued to any person who is
ineligible | 16 |
| to bid at the sale or to receive a certificate of purchase | 17 |
| under
Section 21-265.
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| (d) Scavenger Tax Judgment, Sale and Redemption Record - | 19 |
| Sale of
parcels not sold. The county collector shall prepare a | 20 |
| Scavenger Tax Judgment,
Sale and Redemption Record. The county | 21 |
| clerk shall write or stamp on the
scavenger tax judgment, sale, | 22 |
| forfeiture and redemption record opposite the
description of | 23 |
| any property offered for sale and not sold, or not confirmed | 24 |
| for
any reason, the words "offered but not sold". The | 25 |
| properties which are offered
for sale under this Section and | 26 |
| not sold or not confirmed shall be offered for
sale annually | 27 |
| thereafter in the manner provided in this Section until sold,
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| except in the case of mineral rights, which after 10 | 29 |
| consecutive years of
being offered for sale under this Section | 30 |
| and not sold or confirmed shall
no longer be required to be | 31 |
| offered for sale. At
any time between annual sales the County | 32 |
| Collector may advertise for sale any
properties subject to sale | 33 |
| under judgments for sale previously entered under
this Section | 34 |
| and not executed for any reason. The advertisement and sale |
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| shall
be regulated by the provisions of this Code as far as | 2 |
| applicable.
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| (e) Proceeding to tax deed. The owner of the certificate of | 4 |
| purchase shall
give notice as required by Sections 22-5 through | 5 |
| 22-30, and may extend the
period of redemption as provided by | 6 |
| Section 21-385. At any time within 6
5 months
prior to | 7 |
| expiration of the period of redemption from a sale under this | 8 |
| Code,
the owner of a certificate of purchase may file a | 9 |
| petition and may obtain a tax
deed under Sections 22-30 through | 10 |
| 22-55. All proceedings for the issuance of
a tax deed and all | 11 |
| tax deeds for properties sold under this Section shall be
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| subject to Sections 22-30 through 22-55. Deeds issued under | 13 |
| this Section are
subject to Section 22-70. This Section shall | 14 |
| be liberally construed so that the deeds provided for in this | 15 |
| Section convey merchantable title.
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| (f) Redemptions from scavenger sales. Redemptions may be | 17 |
| made from sales
under this Section in the same manner and upon | 18 |
| the same terms and conditions as
redemptions from sales made | 19 |
| under the County Collector's annual application for
judgment | 20 |
| and order of sale, except that in lieu of penalty the person | 21 |
| redeeming
shall pay interest as follows if the sale occurs | 22 |
| before September 9, 1993:
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| (1) If redeemed within the first 2 months from the date | 24 |
| of the sale, 3%
per month or portion thereof upon the | 25 |
| amount for which the property was sold;
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| (2) If redeemed between 2 and 6 months from the date of | 27 |
| the sale, 12% of
the amount for which the property was | 28 |
| sold;
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| (3) If redeemed between 6 and 12 months from the date | 30 |
| of the sale, 24%
of the amount for which the property was | 31 |
| sold;
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| (4) If redeemed between 12 and 18 months from the date | 33 |
| of the sale, 36% of
the amount for which the property was | 34 |
| sold;
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| (5) If redeemed between 18 and 24 months from the date | 2 |
| of the sale, 48%
of the amount for which the property was | 3 |
| sold;
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| (6) If redeemed after 24 months from the date of sale, | 5 |
| the 48% herein
provided together with interest at 6% per | 6 |
| year thereafter.
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| If the sale occurs on or after September 9,
1993, the | 8 |
| person redeeming shall pay interest on that part of the amount | 9 |
| for
which the property was sold equal to or less than the full | 10 |
| amount of delinquent
taxes, special assessments, penalties, | 11 |
| interest, and costs, included in the
judgment and order of sale | 12 |
| as follows:
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| (1) If redeemed within the first 2 months from the date | 14 |
| of the sale,
3% per month upon the amount of taxes, special | 15 |
| assessments, penalties,
interest, and costs due for each of | 16 |
| the first 2 months, or fraction thereof.
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| (2) If redeemed at any time between 2 and 6 months from | 18 |
| the date of
the sale, 12% of the amount of taxes, special | 19 |
| assessments, penalties, interest,
and costs due.
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| (3) If redeemed at any time between 6 and 12 months | 21 |
| from the date of the
sale, 24% of the amount of taxes, | 22 |
| special assessments, penalties, interest, and
costs due.
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| (4) If redeemed at any time between 12 and 18 months | 24 |
| from the date
of the sale, 36% of the amount of taxes, | 25 |
| special assessments, penalties,
interest, and costs due.
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| (5) If redeemed at any time between 18 and 24 months | 27 |
| from the date
of the sale, 48% of the amount of taxes, | 28 |
| special assessments, penalties,
interest, and costs due.
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| (6) If redeemed after 24 months from the date of sale, | 30 |
| the 48%
provided for the 24 months together with interest | 31 |
| at 6% per annum thereafter on
the amount of taxes, special | 32 |
| assessments, penalties, interest, and costs due.
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| The person redeeming shall not be required to pay any | 34 |
| interest on any part
of the amount for which the property was |
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| sold that exceeds the full amount of
delinquent taxes, special | 2 |
| assessments, penalties, interest, and costs included
in the | 3 |
| judgment and order of sale.
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| Notwithstanding any other provision of this Section, | 5 |
| except for
owner-occupied single family residential units | 6 |
| which are condominium units,
cooperative units or dwellings, | 7 |
| the amount required to be paid for redemption
shall also | 8 |
| include an amount equal to all delinquent taxes on the property
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| which taxes were delinquent at the time of sale. The delinquent | 10 |
| taxes shall be
apportioned by the county collector among the | 11 |
| taxing districts in which the
property is situated in | 12 |
| accordance with law. In the event that all moneys
received from | 13 |
| any sale held under this Section exceed an amount equal to all
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| delinquent taxes on the property sold, which taxes were | 15 |
| delinquent at the time
of sale, together with all publication | 16 |
| and other costs associated with the
sale, then, upon | 17 |
| redemption, the County Collector and the County Clerk shall
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| apply the excess amount to the cost of redemption.
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| (g) Bidding by county or other taxing districts. Any taxing | 20 |
| district may
bid at a scavenger sale. The county board of the | 21 |
| county in which properties
offered for sale under this Section | 22 |
| are located may bid as trustee for all
taxing districts having | 23 |
| an interest in the taxes for the nonpayment of which
the | 24 |
| parcels are offered. The County shall apply on the bid the | 25 |
| unpaid taxes due
upon the property and no cash need be paid. | 26 |
| The County or other taxing district
acquiring a tax sale | 27 |
| certificate shall take all steps necessary to acquire
title to | 28 |
| the property and may manage and operate the property so | 29 |
| acquired.
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| When a county, or other taxing district within the county, | 31 |
| is a petitioner
for a tax deed, no filing fee shall be required | 32 |
| on the petition. The county as
a tax creditor and as trustee | 33 |
| for other tax creditors, or other taxing district
within the | 34 |
| county shall not be required to allege and prove that all taxes |
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| and
special assessments which become due and payable after the | 2 |
| sale to the county
have been paid. The county shall not be | 3 |
| required to pay the subsequently
accruing taxes or special | 4 |
| assessments at any time. Upon the written request of
the county | 5 |
| board or its designee, the county collector shall not offer the
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| property for sale at any tax sale subsequent to the sale of the | 7 |
| property to the
county under this Section. The lien of taxes | 8 |
| and special assessments which
become due and payable after a | 9 |
| sale to a county shall merge in the fee title of
the county, or | 10 |
| other taxing district, on the issuance of a deed. The County | 11 |
| may
sell the properties so acquired, or the certificate of | 12 |
| purchase thereto, and
the proceeds of the sale shall be | 13 |
| distributed to the taxing districts in
proportion to their | 14 |
| respective interests therein. The presiding officer of the
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| county board, with the advice and consent of the County Board, | 16 |
| may appoint some
officer or person to attend scavenger sales | 17 |
| and bid on its behalf.
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| (h) Miscellaneous provisions. In the event that the tract | 19 |
| of land or lot
sold at any such sale is not redeemed within the | 20 |
| time permitted by law and a
tax deed is issued, all moneys that | 21 |
| may be received from the sale of
properties in excess of the | 22 |
| delinquent taxes, together with all publication
and other costs | 23 |
| associated with the sale,
shall, upon petition of any | 24 |
| interested party to the court that issued the tax
deed, be | 25 |
| distributed by the County Collector pursuant to order of the | 26 |
| court
among the persons having legal or equitable interests in | 27 |
| the property according
to the fair value of their interests in | 28 |
| the tract or lot. Section 21-415 does
not apply to properties | 29 |
| sold under this Section.
Appeals may be taken from the orders | 30 |
| and judgments entered under this Section
as in other civil | 31 |
| cases. The remedy herein provided is in addition to other
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| remedies for the collection of delinquent taxes.
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| (Source: P.A. 90-514, eff. 8-22-97; 90-655, eff. 7-30-98; | 34 |
| 91-189, eff. 1-1-00.)"; and
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| on page 3, by deleting lines 2 through 35; and | 2 |
| by deleting pages 4 and 5; and | 3 |
| on page 6, by deleting lines 1 through 13.
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