Full Text of HB5176 100th General Assembly
HB5176 100TH GENERAL ASSEMBLY |
| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018 HB5176 Introduced , by Rep. Joe Sosnowski SYNOPSIS AS INTRODUCED: |
| 35 ILCS 200/22-20 | | 735 ILCS 5/15-1507 | from Ch. 110, par. 15-1507 |
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Amends the Property Tax Code and the Code of Civil Procedure. Provides that a purchaser of a property shall publish a notice in a newspaper published in that municipality or, if the property is not in a municipality or no newspaper is published in the municipality, then the purchaser shall publish a notice in a newspaper in the county (regardless of the property being located in a municipality in a county with less than 3,000,000 inhabitants). Makes conforming changes. Effective immediately.
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| | 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 22-20 as follows:
| 6 | | (35 ILCS 200/22-20)
| 7 | | Sec. 22-20. Proof of service of notice; publication of | 8 | | notice. The sheriff or coroner serving notice under Section | 9 | | 22-15 shall
endorse his or
her return thereon and file it with | 10 | | the Clerk of the Circuit Court and it shall
be a part of the | 11 | | court record. A private detective or a special process server | 12 | | appointed under
Section
22-15 shall make his or her return by | 13 | | affidavit and shall file it with the
Clerk of the Circuit | 14 | | Court, where it shall be a part of the court record. If
a | 15 | | sheriff, private detective, special process server, or coroner | 16 | | to whom any notice is
delivered for service, neglects or | 17 | | refuses to make the return, the purchaser or
his or her | 18 | | assignee may petition the court to enter a rule requiring the
| 19 | | sheriff, private detective, special process server, or coroner | 20 | | to make return of the notice on
a day to be fixed by the
court, | 21 | | or to show cause on that day why he or she should not be | 22 | | attached for
contempt of the court. The purchaser or assignee | 23 | | shall cause a written notice
of the rule to be served upon the |
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| 1 | | sheriff, private detective, special process server, or
| 2 | | coroner. If good and sufficient cause to excuse the sheriff, | 3 | | private detective, special process
server, or coroner is not | 4 | | shown, the court shall adjudge him or her guilty of
a contempt, | 5 | | and shall proceed to punish him as in other cases of contempt.
| 6 | | If the property is located in a municipality in a county | 7 | | with less than
3,000,000 inhabitants , the purchaser or his or | 8 | | her assignee shall also publish
a notice as to the owner or | 9 | | party interested, in some newspaper published in
the | 10 | | municipality. If the property is not in a municipality in a | 11 | | county with
less than 3,000,000 inhabitants, or if no newspaper | 12 | | is published therein, or
if the property is in a county with | 13 | | 3,000,000 or more inhabitants , the notice
shall be published in | 14 | | some newspaper in the county. If no newspaper is
published in | 15 | | the county, then the notice shall be published in the newspaper
| 16 | | that is published nearest the county seat of the county in | 17 | | which the property
is located. If the owners and parties | 18 | | interested in the property upon diligent
inquiry are unknown to | 19 | | the purchaser or his or her assignee, the publication as
to | 20 | | such owner or party interested, may be made to unknown owners | 21 | | or parties
interested. Any notice by publication given under | 22 | | this Section shall be given
3 times at any time after filing a | 23 | | petition for tax deed, but not less than 3
months nor more than | 24 | | 6 months prior to the expiration of the period of
redemption. | 25 | | The publication shall contain (a) notice of the filing of the
| 26 | | petition for tax deed, (b) the date on which the petitioner |
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| 1 | | intends to make
application for an order on the petition that a | 2 | | tax deed issue, (c) a
description of the property, (d) the date | 3 | | upon which the property was sold, (e)
the taxes or special | 4 | | assessments for which it was sold and (f) the date on
which the | 5 | | period of redemption will expire. The publication shall not | 6 | | include
more than one property listed and sold in one | 7 | | description, except as provided
in Section 21-90, and except | 8 | | that when
more than one property is owned by one person, all of | 9 | | the parcels owned by that
person may be included in one notice.
| 10 | | The changes to this Section made by Public Act 95-477
apply | 11 | | only to matters in which a petition for tax deed is filed on or | 12 | | after June 1, 2008 (the effective date of Public Act 95-477). | 13 | | (Source: P.A. 95-195, eff. 1-1-08; 95-477, eff. 6-1-08; 95-876, | 14 | | eff. 8-21-08.)
| 15 | | Section 10. The Code of Civil Procedure is amended by | 16 | | changing Section 15-1507 as follows:
| 17 | | (735 ILCS 5/15-1507) (from Ch. 110, par. 15-1507)
| 18 | | Sec. 15-1507. Judicial Sale.
| 19 | | (a) In General. Except as provided in
Sections 15-1402 and | 20 | | 15-1403, upon entry of a judgment of foreclosure, the
real | 21 | | estate which is the subject of the judgment shall be sold at a
| 22 | | judicial sale in accordance with this Section 15-1507.
| 23 | | (b) Sale Procedures. Upon expiration of the reinstatement | 24 | | period and
the redemption period in accordance with subsection |
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| 1 | | (b) or (c) of Section
15-1603 or upon the entry of a judgment | 2 | | of foreclosure after the waiver of
all rights of redemption, | 3 | | except as provided in subsection (g) of Section
15-1506, the | 4 | | real estate shall be sold at a sale as provided in this
| 5 | | Article, on such terms and conditions as shall be specified by | 6 | | the court in
the judgment of foreclosure. A sale may be | 7 | | conducted by any judge or sheriff.
| 8 | | (c) Notice of Sale. The mortgagee, or such other party | 9 | | designated by the
court, in a foreclosure under this Article | 10 | | shall give public notice of the
sale as follows:
| 11 | | (1) The notice of sale shall include at least the | 12 | | following information,
but an immaterial error in the | 13 | | information shall not invalidate the legal
effect of the | 14 | | notice:
| 15 | | (A) the name, address and telephone number of the | 16 | | person to contact for
information regarding the real | 17 | | estate;
| 18 | | (B) the common address and other common | 19 | | description (other than legal
description), if any, of | 20 | | the real estate;
| 21 | | (C) a legal description of the real estate | 22 | | sufficient to identify it with
reasonable certainty;
| 23 | | (D) a description of the improvements on the real | 24 | | estate;
| 25 | | (E) the times specified in the judgment, if any, | 26 | | when the real estate
may be inspected prior to sale;
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| 1 | | (F) the time and place of the sale;
| 2 | | (G) the terms of the sale;
| 3 | | (H) the case title, case number and the court in | 4 | | which
the foreclosure was filed;
| 5 | | (H-1) in the case of a condominium unit to which | 6 | | subsection (g) of Section 9 of the Condominium Property | 7 | | Act applies, the statement required by subdivision | 8 | | (g)(5) of Section 9 of the Condominium Property Act;
| 9 | | (H-2) in the case of a unit of a common interest | 10 | | community to which subsection (g-1) of Section 18.5 of | 11 | | the Condominium Property Act applies, the statement | 12 | | required by subdivision (g-1) of Section 18.5 of the | 13 | | Condominium Property Act; and
| 14 | | (I) such other information ordered by the Court.
| 15 | | (2) The notice of sale shall be published at least 3 | 16 | | consecutive
calendar weeks (Sunday through Saturday), once | 17 | | in each week, the first such
notice to be published not | 18 | | more than 45 days prior to the sale, the last
such notice | 19 | | to be published not less than 7 days prior to the sale, by:
| 20 | | (i) (A) advertisements in a newspaper circulated to the | 21 | | general public
in the municipality in the county in which | 22 | | the real estate is located or, if the real estate is not in | 23 | | the municipality or if no newspaper is published therein, | 24 | | in a newspaper circulated to the general public in the | 25 | | county , in the section of that
newspaper where legal | 26 | | notices are commonly placed and (B) separate
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| 1 | | advertisements in the section of such a newspaper, which | 2 | | (except in
counties with a population in excess of | 3 | | 3,000,000) may be the same
newspaper, in which real estate | 4 | | other than real estate being sold as part of
legal | 5 | | proceedings is commonly advertised to the general public; | 6 | | provided,
that the separate advertisements in the real | 7 | | estate section need not
include a legal description and | 8 | | that where both advertisements could be
published in the | 9 | | same newspaper and that newspaper does not have separate
| 10 | | legal notices and real estate advertisement sections, a | 11 | | single
advertisement with the legal description shall be | 12 | | sufficient; and
(ii) such other publications as may be | 13 | | further ordered by the court.
| 14 | | (3) The party who gives notice of public sale in | 15 | | accordance with
subsection (c) of Section 15-1507 shall | 16 | | also give notice to all parties in
the action who have | 17 | | appeared and have not theretofore been found by the
court | 18 | | to be in default for failure to plead. Such notice shall be | 19 | | given in
the manner provided in the applicable rules of | 20 | | court for service of papers
other than process and | 21 | | complaint, not more than 45 days nor less
than 7
days prior | 22 | | to the day of sale. After notice is given as required in | 23 | | this
Section a copy thereof shall be filed in the office of | 24 | | the clerk of the
court entering the judgment, together with | 25 | | a certificate of counsel or
other proof that notice has | 26 | | been served in compliance with this Section.
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| 1 | | (4) The party who gives notice of public sale in | 2 | | accordance with
subsection (c) of Section 15-1507 shall | 3 | | again give notice in accordance
with that Section of any | 4 | | adjourned sale; provided, however, that if the
adjourned | 5 | | sale is to occur less than 60 days after the last scheduled | 6 | | sale,
notice of any adjourned sale need not be given | 7 | | pursuant to this
Section. In the event of adjournment, the
| 8 | | person conducting the sale shall, upon adjournment, | 9 | | announce the date, time
and place upon which the adjourned | 10 | | sale shall be held. Notwithstanding any
language to the | 11 | | contrary, for any adjourned sale that is to be conducted
| 12 | | more than 60 days after the date on which it was to first | 13 | | be held, the
party giving notice of such sale shall again | 14 | | give notice in accordance with
this Section.
| 15 | | (5) Notice of the sale may be given prior to the | 16 | | expiration of any
reinstatement period or redemption | 17 | | period.
| 18 | | (6) No other notice by publication or posting shall be | 19 | | necessary unless
required by order or rule of the court.
| 20 | | (7) The person named in the notice of sale to be | 21 | | contacted for
information about the real estate may, but | 22 | | shall not be required, to
provide additional information | 23 | | other than that set forth in the notice of sale.
| 24 | | (d) Election of Property. If the real estate which is the | 25 | | subject of a
judgment of foreclosure is susceptible of | 26 | | division, the court may order it to be sold
as necessary to |
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| 1 | | satisfy the judgment. The court shall determine which real
| 2 | | estate shall be sold, and the court may determine the order in | 3 | | which
separate tracts may be sold.
| 4 | | (e) Receipt upon Sale.
Upon and at the sale
of mortgaged | 5 | | real estate, the person conducting the sale shall give to
the | 6 | | purchaser a receipt of sale. The receipt shall describe the | 7 | | real
estate purchased and shall show the amount bid, the amount | 8 | | paid, the
total amount paid to
date and the amount still to be | 9 | | paid therefor. An
additional receipt shall be given at the time | 10 | | of each subsequent
payment.
| 11 | | (f) Certificate of Sale. Upon
payment in full of the amount | 12 | | bid, the person conducting
the sale shall issue, in duplicate, | 13 | | and give to the purchaser a Certificate
of Sale. The | 14 | | Certificate of Sale shall be in a recordable form, describe
the | 15 | | real estate purchased, indicate the date and place of sale and | 16 | | show the
amount paid therefor. The Certificate of Sale shall | 17 | | further indicate that
it is subject to confirmation by the | 18 | | court. The duplicate certificate may
be recorded in accordance | 19 | | with Section 12-121. The Certificate of Sale
shall be freely | 20 | | assignable by endorsement thereon.
| 21 | | (g) Interest after Sale. Any bid at sale shall be deemed to | 22 | | include,
without the necessity of a court order, interest at | 23 | | the statutory judgment
rate on any unpaid portion of the sale | 24 | | price from the date of sale to the
date of payment.
| 25 | | (Source: P.A. 96-1045, eff. 7-14-10.)
| 26 | | Section 99. Effective date. This Act takes effect upon |
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| 1 | | becoming law.
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