Illinois General Assembly - Full Text of HB4940
Illinois General Assembly

Previous General Assemblies

Full Text of HB4940  97th General Assembly


Sen. Don Harmon

Filed: 5/21/2012





09700HB4940sam001LRB097 18481 HLH 69593 a


2    AMENDMENT NO. ______. Amend House Bill 4940 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Property Tax Code is amended by changing
5Sections 22-40 and 22-85 as follows:
6    (35 ILCS 200/22-40)
7    Sec. 22-40. Issuance of deed; possession.
8    (a) If the redemption period expires and the property has
9not been redeemed and all taxes and special assessments which
10became due and payable subsequent to the sale have been paid
11and all forfeitures and sales which occur subsequent to the
12sale have been redeemed and the notices required by law have
13been given and all advancements of public funds under the
14police power made by a city, village or town under Section
1522-35 have been paid and the petitioner has complied with all
16the provisions of law entitling him or her to a deed, the court



09700HB4940sam001- 2 -LRB097 18481 HLH 69593 a

1shall so find and shall enter an order directing the county
2clerk on the production of the certificate of purchase and a
3certified copy of the order, to issue to the purchaser or his
4or her assignee a tax deed. The court shall insist on strict
5compliance with Section 22-10 through 22-25 and substantial
6compliance with Section 22-5. Prior to the entry of an order
7directing the issuance of a tax deed, the petitioner shall
8furnish the court with a report of proceedings of the evidence
9received on the application for tax deed and the report of
10proceedings shall be filed and made a part of the court record.
11    (b) If taxes for years prior to the year or years sold are
12or become delinquent subsequent to the date of sale, the court
13shall find that the lien of those delinquent taxes has been or
14will be merged into the tax deed grantee's title if the court
15determines that the tax deed grantee or any prior holder of the
16certificate of purchase, or any person or entity under common
17ownership or control with any such grantee or prior holder of
18the certificate of purchase, was at no time the holder of any
19certificate of purchase for the years sought to be merged. If
20delinquent taxes are merged into the tax deed pursuant to this
21subsection, the court shall enter an order declaring which
22specific taxes have been or will be merged into the tax deed
23title and directing the county treasurer and county clerk to
24reflect that declaration in the warrant and judgment records;
25provided, that no such order shall be effective until a tax
26deed has been issued and timely recorded. Nothing contained in



09700HB4940sam001- 3 -LRB097 18481 HLH 69593 a

1this Section shall relieve any owner liable for delinquent
2property taxes under this Code from the payment of the taxes
3that have been merged into the title upon issuance of the tax
5    (c) The county clerk is entitled to a fee of $10 in
6counties of 3,000,000 or more inhabitants and $5 in counties
7with less than 3,000,000 inhabitants for the issuance of the
8tax deed. The clerk may not include in a tax deed more than one
9property as listed, assessed and sold in one description,
10except in cases where several properties are owned by one
12    Upon application the court shall, enter an order to place
13the tax deed grantee or the grantee's successor in interest in
14possession of the property and may enter orders and grant
15relief as may be necessary or desirable to maintain the grantee
16or the grantee's successor in interest in possession.
17    (d) The court shall retain jurisdiction to enter orders
18pursuant to subsections (b) and (c) of this Section. This
19amendatory Act of the 92nd General Assembly and this amendatory
20Act of the 95th General Assembly shall be construed as being
21declarative of existing law and not as a new enactment.
22(Source: P.A. 95-477, eff. 6-1-08.)
23    (35 ILCS 200/22-85)
24    Sec. 22-85. Failure to timely take out and record deed;
25deed is void. Unless the holder of the certificate purchased



09700HB4940sam001- 4 -LRB097 18481 HLH 69593 a

1at any tax sale under this Code takes out the deed in the time
2provided by law, and records the same within one year from and
3after the date of the court finding, pursuant to Section 22-40,
4that the time for redemption has expired the time for
5redemption expires, the certificate or deed, and the sale on
6which it is based, shall, after the expiration of that the one
7year period, be absolutely void with no right to reimbursement.
8If the holder of the certificate is prevented from obtaining a
9deed by injunction or order of any court, or by the refusal or
10inability of any court to act upon the application for a tax
11deed, or by the refusal of the clerk to execute the same deed,
12the time he or she is so prevented shall be excluded from
13computation of the one year period. Certificates of purchase
14and deeds executed by the clerk shall recite the qualifications
15required in this Section.
16(Source: P.A. 87-669; 88-455.)".