Full Text of HB4769 95th General Assembly
HB4769 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 HB4769
Introduced , by Rep. Michael Tryon SYNOPSIS AS INTRODUCED: |
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35 ILCS 200/21-135 |
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35 ILCS 200/22-5 |
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35 ILCS 200/22-25 |
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35 ILCS 200/22-100 new |
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Amends the Property Tax Code. Requires mortgagees to forward certain notices concerning tax sales to each mortgagor. Requires mortgagees to consult in person with each mortgagor before incurring costs to redeem the property. Provides that, if the mortgagee fails to hold the personal consultation or to forward the notices as required, then the mortgagee may not attempt to collect any redemption cost from any mortgagee.
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A BILL FOR
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HB4769 |
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LRB095 15330 BDD 41318 b |
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| AN ACT concerning revenue.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Property Tax Code is amended by changing | 5 |
| Sections 21-135, 22-5, and 22-25 and by adding Sections 22-100 | 6 |
| and 22-105 as follows:
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| (35 ILCS 200/21-135)
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| Sec. 21-135. Mailed notice of application for judgment and | 9 |
| sale. Not less
than 15 days before the date of application for | 10 |
| judgment and sale of delinquent
properties, the county | 11 |
| collector shall mail, by registered or certified mail, a
notice | 12 |
| of the forthcoming application for judgment and sale to the | 13 |
| person shown
by the current collector's warrant book to be the | 14 |
| party in whose name the taxes
were last assessed or to the | 15 |
| current owner of record and, if applicable, to the party | 16 |
| specified under Section
15-170. The notice shall include the | 17 |
| intended dates of application for judgment
and sale and | 18 |
| commencement of the sale, and a description of the properties. | 19 |
| The
county collector must present proof of the mailing to the | 20 |
| court along with the
application for judgement.
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| In counties with less than 3,000,000 inhabitants, a copy of | 22 |
| this notice shall
also be mailed by the county collector by | 23 |
| registered or certified mail to any
lienholder of record who |
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LRB095 15330 BDD 41318 b |
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| annually requests a copy of the notice. The failure of
the | 2 |
| county collector to mail a notice or its non-delivery to the | 3 |
| lienholder
shall not affect the validity of the judgment.
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| In counties with 3,000,000 or more inhabitants, notice | 5 |
| shall not be mailed to
any person when, under Section 14-15, a | 6 |
| certificate of error has been executed
by the county assessor | 7 |
| or by both the
county assessor and board of
appeals (until the | 8 |
| first Monday in December 1998 and the board of
review
beginning
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| the first Monday in December 1998 and thereafter),
except as | 10 |
| provided by court order under Section 21-120.
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| The collector shall collect $10 from the proceeds of each | 12 |
| sale to cover
the costs of registered or certified mailing and | 13 |
| the costs of advertisement
and publication.
If a taxpayer pays | 14 |
| the taxes on the property after the notice of the
forthcoming | 15 |
| application for judgment and sale is mailed but before the sale | 16 |
| is
made, then the collector shall collect $10 from the taxpayer | 17 |
| to cover the costs
of registered or certified mailing and the | 18 |
| costs of advertisement and
publication.
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| Any mortgagee that receives a copy of the notice under this | 20 |
| Section from the county collector must, within 7 business days | 21 |
| after the mortgagee receives
the notice, forward, by registered | 22 |
| or certified mail, a copy of the notice to each mortgagor of | 23 |
| the
property
referred to in the notice
at the last known | 24 |
| address of each mortgagor as shown on the records of the
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| mortgagee. The mortgagee may collect a fee of up to $10 from | 26 |
| the mortgagor for the administrative costs of forwarding the |
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LRB095 15330 BDD 41318 b |
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| notice. | 2 |
| (Source: P.A. 93-899, eff. 8-10-04.)
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| (35 ILCS 200/22-5)
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| Sec. 22-5. Notice of sale and redemption rights. In order | 5 |
| to be
entitled to a tax deed, within 4 months and 15 days after | 6 |
| any
sale held under this Code, the purchaser
or his or her | 7 |
| assignee shall deliver to the county clerk a notice
to be given | 8 |
| to the party in whose name the taxes are last assessed as
shown | 9 |
| by the most recent tax collector's warrant books, in at least | 10 |
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point type in the following form completely filled in:
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| TAKE NOTICE
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| County of ...............................................
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| Date Premises Sold ......................................
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| Certificate No. .........................................
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| Sold for General Taxes of (year) ........................
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| Sold for Special Assessment of (Municipality)
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| and special assessment number ...........................
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| Warrant No. ............... Inst. No. .................
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| THIS PROPERTY HAS BEEN SOLD FOR
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| DELINQUENT TAXES
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| Property located at .........................................
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| Legal Description or Permanent Index No. ....................
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| .............................................................
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| .............................................................
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| This notice is to advise you that the above property has |
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| been
sold for delinquent taxes and that the period of | 2 |
| redemption from
the sale will expire on .....................
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| This notice is also to advise you that a petition will be | 4 |
| filed for a
tax deed which will transfer title and the right to | 5 |
| possession of this
property if redemption is not made on or | 6 |
| before ......................................................
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| At the date of this notice the total amount which you must | 8 |
| pay in order
to redeem the above property is ................
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| YOU ARE URGED TO REDEEM IMMEDIATELY TO
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| PREVENT LOSS OF PROPERTY
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| Redemption can be made at any time on or before .... by | 12 |
| applying to
the County Clerk of .... County, Illinois at the | 13 |
| County Court House in
...., Illinois.
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| The above amount is subject to increase at 6 month | 15 |
| intervals from the
date of sale. Check with the county clerk as | 16 |
| to the exact amount you owe
before redeeming. Payment must be | 17 |
| made by certified check, cashier's check,
money order, or in | 18 |
| cash.
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| For further information contact the County Clerk
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| ADDRESS:............................
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| TELEPHONE:..........................
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| ...............................
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| Purchaser or Assignee
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| Dated (insert date).
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| Within 10 days after receipt of said notice, the county | 2 |
| clerk shall mail
to the addresses supplied by the purchaser or | 3 |
| assignee, by registered or
certified mail, copies of said | 4 |
| notice to the party in whose name the taxes
are last assessed | 5 |
| as shown by the most recent tax collector's warrant books.
The | 6 |
| purchaser or assignee shall pay to the clerk postage plus the | 7 |
| sum of $10.
The clerk shall write or stamp the date of | 8 |
| receiving the notices upon the
copies of the notices, and | 9 |
| retain one copy.
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| Any mortgagee that receives a copy of the notice under this | 11 |
| Section from the county clerk must, within 7 business days | 12 |
| after the mortgagee receives
the notice, forward, by registered | 13 |
| or certified mail, a copy of the notice to each mortgagor of | 14 |
| the
property
referred to in the notice
at the last known | 15 |
| address of each mortgagor as shown on the records of the
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| mortgagee. The mortgagee may collect a fee of up to $10 from | 17 |
| the mortgagor for the administrative costs of forwarding the | 18 |
| notice. | 19 |
| (Source: P.A. 94-380, eff. 7-29-05.)
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| (35 ILCS 200/22-25)
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| (Text of Section before amendment by P.A. 95-477 )
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| Sec. 22-25. Mailed notice. In addition to the notice | 23 |
| required to be served
not less than 3 months nor more than 5 | 24 |
| months prior to the expiration of the
period of redemption, the | 25 |
| purchaser or his or her assignee shall prepare
and deliver to |
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| the clerk of the Circuit Court of the county in which the
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| property is located, the notice provided for in this Section, | 3 |
| together with the
statutory costs for mailing the notice by | 4 |
| certified mail, return receipt
requested. The form of notice to | 5 |
| be mailed by the clerk shall be
identical in form to that | 6 |
| provided by Section 22-10 for service upon owners
residing upon | 7 |
| the property sold, except that it shall bear the signature of | 8 |
| the
clerk and shall designate the parties to whom it is to
be | 9 |
| mailed. The clerk may furnish the form. The clerk
shall | 10 |
| promptly mail the notices delivered to him or her by certified | 11 |
| mail,
return receipt requested. The certificate of the clerk | 12 |
| that he or she has
mailed the notices, together with the return | 13 |
| receipts, shall be filed
in and made a part of the court | 14 |
| record. The notices shall be
mailed to the owners of the | 15 |
| property at their last known addresses, and
to those persons | 16 |
| who are entitled to service of notice as occupants.
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| (Source: P.A. 86-949; 87-1189; 88-455.)
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| (Text of Section after amendment by P.A. 95-477 )
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| Sec. 22-25. Mailed notice. In addition to the notice | 20 |
| required to be served
not less than 3 months nor more than 6
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| months prior to the expiration of the
period of redemption, the | 22 |
| purchaser or his or her assignee shall prepare
and deliver to | 23 |
| the clerk of the Circuit Court of the county in which the
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| property is located, the notice provided for in this Section, | 25 |
| together with the
statutory costs for mailing the notice by |
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| certified mail, return receipt
requested. The form of notice to | 2 |
| be mailed by the clerk shall be
identical in form to that | 3 |
| provided by Section 22-10 for service upon owners
residing upon | 4 |
| the property sold, except that it shall bear the signature of | 5 |
| the
clerk and shall designate the parties to whom it is to
be | 6 |
| mailed. The clerk may furnish the form. The clerk
shall | 7 |
| promptly mail the notices delivered to him or her by certified | 8 |
| mail,
return receipt requested. The certificate of the clerk | 9 |
| that he or she has
mailed the notices, together with the return | 10 |
| receipts, shall be filed
in and made a part of the court | 11 |
| record. The notices shall be
mailed to the owners of the | 12 |
| property at their last known addresses, and
to those persons | 13 |
| who are entitled to service of notice as occupants.
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| Any mortgagee that receives a copy of the notice under this | 15 |
| Section from the clerk of the Circuit Court must, within 7 | 16 |
| business days after the mortgagee receives
the notice, forward, | 17 |
| by registered or certified mail, a copy of the notice to each | 18 |
| mortgagor of the
property
referred to in the notice
at the last | 19 |
| known address of each mortgagor as shown on the records of the
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| mortgagee. The mortgagee may collect a fee of up to $10 from | 21 |
| the mortgagor for the administrative costs of forwarding the | 22 |
| notice. | 23 |
| The changes to this Section made by this amendatory Act of | 24 |
| the 95th General Assembly apply only to matters in which a | 25 |
| petition for tax deed is filed on or after the effective date | 26 |
| of this amendatory Act of the 95th General Assembly.
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HB4769 |
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LRB095 15330 BDD 41318 b |
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| (Source: P.A. 95-477, eff. 6-1-08.)
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| (35 ILCS 200/22-100 new) | 3 |
| Sec. 22-100. Consultation with mortgagor required before | 4 |
| mortgagee may redeem property. | 5 |
| (a) Before a mortgagee may incur any redemption cost, the | 6 |
| mortgagee must consult in person with each mortgagor. The | 7 |
| mortgagor must be given the opportunity to have legal counsel | 8 |
| present at the consultation. | 9 |
| (b) If a mortgagee fails to consult with the mortgagor | 10 |
| before incurring redemption costs or fails to forward any | 11 |
| notice as required under Sections 21-135, 22-5, or 22-25, then | 12 |
| the mortgagee may not attempt to collect any redemption cost | 13 |
| from any mortgagee. | 14 |
| (c) As used in this Section, "redemption cost" means any | 15 |
| amount of redemption under Section 21-355 or any any fee, fine, | 16 |
| interest charge, or other cost associated with redeeming | 17 |
| property under this Code.
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| Section 95. No acceleration or delay. Where this Act makes | 19 |
| changes in a statute that is represented in this Act by text | 20 |
| that is not yet or no longer in effect (for example, a Section | 21 |
| represented by multiple versions), the use of that text does | 22 |
| not accelerate or delay the taking effect of (i) the changes | 23 |
| made by this Act or (ii) provisions derived from any other | 24 |
| Public Act.
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