Illinois General Assembly - Full Text of HB0613
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Full Text of HB0613  103rd General Assembly

HB0613ham001 103RD GENERAL ASSEMBLY

Rep. Kelly M. Burke

Filed: 5/21/2024

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 613

2    AMENDMENT NO. ______. Amend House Bill 613 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Property Tax Code is amended by changing
5Sections 21-305 22-10, 22-30, 22-35, 22-40, 22-45, 22-55,
622-60, 22-75, 22-80, and 22-85 and by adding Sections 22-100,
722-105, 22-110, 22-115, and 22-120 as follows:
 
8    (35 ILCS 200/21-305)
9    Sec. 21-305. Payments from Indemnity Fund.
10    (a) Any owner of property sold under any provision of this
11Code who sustains loss or damage by reason of the issuance of a
12tax deed under Section 21-445 or 22-40 and who is barred or is
13in any way precluded from bringing an action for the recovery
14of the property shall have the right to indemnity for the loss
15or damage sustained, limited as follows:
16        (1) An owner who resided on property that contained 4

 

 

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1    or less dwelling units on the last day of the period of
2    redemption and who is equitably entitled to compensation
3    for the loss or damage sustained has the right to
4    indemnity. An equitable indemnity award shall be limited
5    to the fair cash value of the property as of the date the
6    tax deed was issued less any mortgages or liens on the
7    property, and the award will not exceed $99,000. The Court
8    shall liberally construe this equitable entitlement
9    standard to provide compensation wherever, in the
10    discretion of the Court, the equities warrant the action.
11        An owner of a property that contained 4 or less
12    dwelling units who requests an award in excess of $99,000
13    must prove that the loss of his or her property was not
14    attributable to his or her own fault or negligence before
15    an award in excess of $99,000 will be granted.
16        (2) An owner who sustains the loss or damage of any
17    property occasioned by reason of the issuance of a tax
18    deed, without fault or negligence of his or her own, has
19    the right to indemnity limited to the fair cash value of
20    the property less any mortgages or liens on the property.
21    In determining the existence of fault or negligence, the
22    court shall consider whether the owner exercised ordinary
23    reasonable diligence under all of the relevant
24    circumstances.
25        (3) In determining the fair cash value of property
26    less any mortgages or liens on the property, the fair cash

 

 

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1    value shall be reduced by the principal amount of all
2    taxes paid by the tax purchaser or his or her assignee
3    before the issuance of the tax deed.
4        (4) If an award made under paragraph (1) or (2) is
5    subject to a reduction by the amount of an outstanding
6    mortgage or lien on the property, other than the principal
7    amount of all taxes paid by the tax purchaser or his or her
8    assignee before the issuance of the tax deed and the
9    petitioner would be personally liable to the mortgagee or
10    lienholder for all or part of that reduction amount, the
11    court shall order an additional indemnity award to be paid
12    directly to the mortgagee or lienholder sufficient to
13    discharge the petitioner's personal liability. The court,
14    in its discretion, may order the joinder of the mortgagee
15    or lienholder as an additional party to the indemnity
16    action.
17    (b) Indemnity fund; subrogation.
18        (1) Any person claiming indemnity hereunder shall
19    petition the Court which ordered the tax deed to issue,
20    shall name the County Treasurer, as Trustee of the
21    indemnity fund, as defendant to the petition, and shall
22    ask that judgment be entered against the County Treasurer,
23    as Trustee, in the amount of the indemnity sought. The
24    provisions of the Civil Practice Law shall apply to
25    proceedings under the petition, except that neither the
26    petitioner nor County Treasurer shall be entitled to trial

 

 

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1    by jury on the issues presented in the petition. The Court
2    shall liberally construe this Section to provide
3    compensation wherever in the discretion of the Court the
4    equities warrant such action.
5        (2) The County Treasurer, as Trustee of the indemnity
6    fund, shall be subrogated to all parties in whose favor
7    judgment may be rendered against him or her, and by
8    third-party third party complaint may bring in as a
9    defendant any person, other than the tax deed grantee and
10    its successors in title, not a party to the action who is
11    or may be liable to him or her, as subrogee, for all or
12    part of the petitioner's claim against him or her.
13    (c) Any contract involving the proceeds of a judgment for
14indemnity under this Section, between the tax deed grantee or
15its successors in title and the indemnity petitioner or his or
16her successors, shall be in writing. In any action brought
17under Section 21-305, the Collector shall be entitled to
18discovery regarding, but not limited to, the following:
19        (1) the identity of all persons beneficially
20    interested in the contract, directly or indirectly,
21    including at least the following information: the names
22    and addresses of any natural persons; the place of
23    incorporation of any corporation and the names and
24    addresses of its shareholders unless it is publicly held;
25    the names and addresses of all general and limited
26    partners of any partnership; the names and addresses of

 

 

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1    all persons having an ownership interest in any entity
2    doing business under an assumed name, and the county in
3    which the assumed business name is registered; and the
4    nature and extent of the interest in the contract of each
5    person identified;
6        (2) the time period during which the contract was
7    negotiated and agreed upon, from the date of the first
8    direct or indirect contact between any of the contracting
9    parties to the date of its execution;
10        (3) the name and address of each natural person who
11    took part in negotiating the contract, and the identity
12    and relationship of the party that the person represented
13    in the negotiations; and
14        (4) the existence of an agreement for payment of
15    attorney's fees by or on behalf of each party.
16    Any information disclosed during discovery may be subject
17to protective order as deemed appropriate by the court. The
18terms of the contract shall not be used as evidence of value.
19    (d) A petition of indemnity under this Section must be
20filed within 10 years after the date the tax deed was issued.
21    (e) Any owner who requests an excess proceeds sale
22pursuant to Section 22-100 that results in a sale pursuant to
23Section 22-105 shall not be entitled to any award under this
24Section, regardless of whether any surplus was generated.
25(Source: P.A. 97-557, eff. 7-1-12.)
 

 

 

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1    (35 ILCS 200/22-10)
2    Sec. 22-10. Notice of expiration of period of redemption.
3A purchaser or assignee shall not be entitled to a tax deed to
4the property sold unless, not less than 3 months nor more than
56 months prior to the expiration of the period of redemption,
6he or she gives notice of the sale and the date of expiration
7of the period of redemption to the owners, occupants, and
8parties interested in the property, including any mortgagee of
9record, as provided below. For counties or taxing districts
10holding certificates pursuant to Section 21-90, the date of
11expiration of the period of redemption shall be designated by
12the county or taxing district in its petition for tax deed and
13identified in the notice below, which shall be filed with the
14county clerk.
15    The Notice to be given to the parties shall be in at least
1610-point type in the following form completely filled in:
17TAX DEED NO. .................... FILED ....................
18
TAKE NOTICE
19    County of ...........................................
20    Date Premises Sold or Forfeited .....................
21    Certificate No. .....................................
22    Sold or Forfeited for General Taxes of (year) .......
23    Sold for Special Assessment of (Municipality)
24    and special assessment number .......................
25    Warrant No. ................ Inst. No. .................
26
THIS PROPERTY HAS BEEN SOLD FOR

 

 

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1
DELINQUENT TAXES
2Property Address (as identified on the most recent tax bill,
3if available) ....
4Legal Description or Property Index No. ..........
5..........
6..............................
7    This notice is to advise you that the above property has
8been sold for delinquent taxes and that the period of
9redemption from the sale will expire on ..........
10..........
11    Check with the county clerk as to the exact amount you owe
12before redeeming.
13    This notice is also to advise you that a petition has been
14filed for a tax deed which will transfer title and the right to
15possession of this property if redemption is not made on or
16before ..................................................
17    This matter is set for hearing in the Circuit Court of this
18county in ...., Illinois on .....
19    You may be present at this hearing but your right to redeem
20will already have expired at that time.
21
YOU ARE URGED TO REDEEM IMMEDIATELY
22
TO PREVENT LOSS OF PROPERTY
23    Redemption can be made at any time on or before .... by
24applying to the County Clerk of ...., County, Illinois at the
25Office of the County Clerk in ...., Illinois.
26    For further information contact the County Clerk

 

 

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1    IF YOU BELIEVE THAT YOUR PROPERTY HAS VALUE THAT EXCEEDS
2THE TAX BURDEN ON THE PROPERTY, AND YOU DO NOT WANT TO LOSE
3EQUITY YOU MAY HAVE IN THE PROPERTY, YOU MAY REQUEST AN EXCESS
4PROCEEDS SALE BY NOTIFYING THE COUNTY CLERK OF YOUR REQUEST IN
5WRITING. THE COUNTY CLERK SHALL PROVIDE THE FORM.
6ADDRESS:....................
7TELEPHONE AND/OR EMAIL ADDRESS:..................
 
8
..........................
9
Purchaser or Assignee.
10
Dated (insert date).

 
11    In counties with 3,000,000 or more inhabitants, the notice
12shall also state the address, room number, and time at which
13the matter is set for hearing.
14    The changes to this Section made by Public Act 97-557
15apply only to matters in which a petition for tax deed is filed
16on or after July 1, 2012 (the effective date of Public Act
1797-557).
18    The changes to this Section made by Public Act 102-1003
19apply to matters in which a petition for tax deed is filed on
20or after May 27, 2022 (the effective date of Public Act
21102-1003). Failure of any party or any public official to
22comply with the changes made to this Section by Public Act
23102-528 does not invalidate any tax deed issued prior to May
2427, 2022 (the effective date of Public Act 102-1003).

 

 

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1    The changes made to this Section by this amendatory Act of
2the 103rd General Assembly apply to matters concerning tax
3certificates issued on or after the effective date of this
4amendatory Act of the 103rd General Assembly.
5(Source: P.A. 102-528, eff. 1-1-22; 102-813, eff. 5-13-22;
6102-1003, eff. 5-27-22; 103-154, eff. 6-30-23; 103-555, eff.
71-1-24.)
 
8    (35 ILCS 200/22-30)
9    Sec. 22-30. Petition for deed. At any time within 6 months
10but not less than 3 months prior to the expiration of the
11redemption period for property sold pursuant to judgment and
12order of sale under Sections 21-110 through 21-120 or 21-260
13or otherwise acquired by the county pursuant to Section 21-90,
14the purchaser, or the agent pursuant to Section 21-90, may
15file a petition in the circuit court in the same proceeding in
16which the judgment and order of sale were entered, asking that
17the court direct the county clerk to issue a tax deed if the
18property is not redeemed from the sale. The petition shall be
19accompanied by the statutory filing fee.
20    Notice of filing the petition and a date for redemption,
21after which the petitioner intends to apply for an order to
22issue a tax deed if the taxes are not redeemed, shall be given
23to occupants, owners and persons interested in the property as
24part of the notice provided in Sections 22-10 through 22-25,
25except that only one publication is required. The county clerk

 

 

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1shall be notified of the filing of the petition and any person
2owning or interested in the property may, if he or she desires,
3appear in the proceeding.
4    Any owner may appear and object to the tax deed
5petitioner's request for an order directing the county clerk
6to issue the tax deed notwithstanding that a request for an
7excess proceeds sale was made by any owner pursuant to Section
822-100.
9    The changes to this Section made by this amendatory Act of
10the 95th General Assembly apply only to matters in which a
11petition for tax deed is filed on or after the effective date
12of this amendatory Act of the 95th General Assembly.
13(Source: P.A. 103-555, eff. 1-1-24.)
 
14    (35 ILCS 200/22-40)
15    Sec. 22-40. Issuance of deed; possession.
16    (a) To obtain an order for issuance of tax deed, the
17petitioner must provide sufficient evidence that:
18        (1) the redemption period has expired and the property
19    has not been redeemed;
20        (2) all taxes and special assessments which became due
21    and payable subsequent to the sale have been paid, unless
22    the county or its agent, as trustee pursuant to Section
23    21-90, is the petitioner;
24        (3) all forfeitures and sales which occur subsequent
25    to the sale are paid or redeemed, unless the county or its

 

 

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1    agent, as trustee pursuant to Section 21-90, is the
2    petitioner;
3        (4) the notices required by law have been given, and
4    all advancements of public funds under the police power
5    made by a county, city, village or town under Section
6    22-35 have been paid; and
7        (5) the petitioner has complied with all the
8    provisions of law entitling him or her to a deed.
9    Upon receipt of sufficient evidence of the requirements
10under this subsection (a), the court shall find that the
11petitioner complied with those requirements and shall enter an
12order directing the county clerk, on the production of the tax
13certificate and a certified copy of the order, to issue to the
14purchaser or its assignee a tax deed. The court shall insist on
15strict compliance with Section 22-10 through 22-25. Prior to
16the entry of an order directing the issuance of a tax deed, the
17petitioner shall furnish the court with a report of
18proceedings of the evidence received on the application for
19tax deed and the report of proceedings shall be filed and made
20a part of the court record.
21    (a-5) If, at the time the order directing issuance of tax
22deed is entered, no request for an excess proceeds sale has
23been made pursuant to subsections (a) or (b) of Section
2422-100, the order shall require the tax deed petitioner to
25send via first-class mail to all parties that were named in the
26tax deed proceeding and to any party entitled to receive

 

 

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1notice pursuant to Section 22-5, a copy of the order along with
2a request for an excess proceeds sale form as set forth in
3Section 22-100. The order and the request for excess proceeds
4sale form shall be sent within 14 days after the order
5directing issuance of tax deed is entered. The form shall list
6the final date upon which a person may request an excess
7proceeds sale under subsection (c) of Section 22-100. The tax
8deed petitioner must file a notice of filing and certificate
9of mailing in the tax deed proceeding that verifies that the
10mailing occurred. The county clerk shall not issue any tax
11deed prior to the 91st day after the entry of the order unless
12proof is presented to the county clerk that the notice
13required by this Section was timely mailed, except in cases
14where a request for an excess proceeds sale was made pursuant
15to subsection (a) or (b) of Section 22-100. If the notice set
16forth in this Section is not mailed within 14 days after the
17order is entered, the county clerk shall not issue a tax deed
18until proof is presented to the clerk that the mailing
19occurred. In that case, the county clerk shall issue a tax deed
20only after 90 days have passed from the date the notice was
21mailed. A copy of the file stamped notice of filing and
22certificate of mailing filed in the tax deed proceeding is
23satisfactory proof that the mailing occurred on the date
24listed in the notice.
25    (a-10) Every order directing issuance of tax deed shall
26list the total amount owed to the holder of the certificate of

 

 

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1purchase at the time the order is entered, which shall be paid
2to the holder of the certificate of purchase if an excess
3proceeds sale is held pursuant to Section 22-105. The total
4amount due to the holder of the certificate of purchase shall
5include the following amounts:
6        (1) the amount necessary to redeem the property from
7    the sale as of the last day of the period of redemption
8    plus interest of 16%;
9        (2) all taxes and special assessments paid or redeemed
10    by the tax purchaser or the purchaser's assignee that are
11    not included in the redemption amount, plus any indemnity
12    fund fees paid as required by subsection (e-5);
13        (3) court reporter fees for the hearing on the
14    application for tax deed and transcript of the hearing;
15        (4) amounts in satisfaction of municipal liens paid by
16    the tax purchaser or the tax purchaser's assignee; and
17        (5) reasonable attorney's fees.
18    (b) Except as provided in subsection (e), if taxes for
19years prior to the year or years sold are or become delinquent
20subsequent to the date of sale, the court shall find that the
21lien of those delinquent taxes has been or will be merged into
22the tax deed grantee's title if the court determines that the
23tax deed grantee or any prior holder of the certificate of
24purchase, or any person or entity under common ownership or
25control with any such grantee or prior holder of the
26certificate of purchase, was at no time the holder of any

 

 

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1certificate of purchase for the years sought to be merged. If
2delinquent taxes are merged into the tax deed pursuant to this
3subsection, the court shall enter an order declaring which
4specific taxes have been or will be merged into the tax deed
5title and directing the county treasurer and county clerk to
6reflect that declaration in the warrant and judgment records;
7provided, that no such order shall be effective until a tax
8deed has been issued and timely recorded. Nothing contained in
9this Section shall relieve any owner liable for delinquent
10property taxes under this Code from the payment of the taxes
11that have been merged into the title upon issuance of the tax
12deed.
13    (c) The county clerk is entitled to a fee of $10 in
14counties of 3,000,000 or more inhabitants and $5 in counties
15with less than 3,000,000 inhabitants for the issuance of the
16tax deed, with the exception of deeds issued to the county
17pursuant to its authority under Section 21-90. The clerk may
18not include in a tax deed more than one property as listed,
19assessed and sold in one description, except in cases where
20several properties are owned by one person. The fee paid to the
21county clerk for the issuance of the tax deed shall be
22accompanied by a $300 indemnity fund fee in counties of
233,000,000 or more inhabitants and a $100 indemnity fund fee in
24counties with less than 3,000,000 inhabitants, with the
25exception of deeds issued to the county pursuant to its
26authority under Section 21-90. All fees received under this

 

 

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1subsection shall be paid by the county clerk to the county
2treasurer of the county in which the land is situated for the
3purpose of funding the county's indemnity fund established
4under Section 21-295.
5    Upon application, the court shall, enter an order to place
6the tax deed grantee or the grantee's successor in interest in
7possession of the property and may enter orders and grant
8relief as may be necessary or desirable to maintain the
9grantee or the grantee's successor in interest in possession.
10    (d) The court shall retain jurisdiction to enter orders
11pursuant to subsections (b) and (c) of this Section. This
12amendatory Act of the 92nd General Assembly and this
13amendatory Act of the 95th General Assembly shall be construed
14as being declarative of existing law and not as a new
15enactment.
16    (e) Prior to the issuance of any tax deed under this
17Section, the petitioner must redeem all taxes and special
18assessments on the property that are subject to a pending tax
19petition filed by a county or its assignee pursuant to Section
2021-90.
21    (e-5) Following the expiration of the period of
22redemption, the petitioner's payment of (i) any subsequent tax
23and special assessment and (ii) any redemption of any sale of
24subsequent taxes or forfeiture shall be accompanied by a 10%
25indemnity fund fee to be paid by the petitioner. All fees
26received under this subsection shall be paid by the collector

 

 

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1and county clerk to the county treasurer of the county in which
2the land is situated for the purpose of funding the county's
3indemnity fund established by Section 21-295. No fees incurred
4under this subsection shall be posted to the subject tax sale
5pursuant to Section 21-355.
6    (f) If, for any reason, a purchaser fails to obtain an
7order for tax deed within the required time period and no sale
8in error was granted or redemption paid, then the certificate
9shall be forfeited to the county, as trustee, pursuant to
10Section 21-90.
11(Source: P.A. 103-555, eff. 1-1-24.)
 
12    (35 ILCS 200/22-45)
13    Sec. 22-45. Tax deed incontestable unless order appealed
14or relief petitioned.
15    (a) Tax deeds issued under Section 22-40 are incontestable
16except by appeal from the order of the court directing the
17county clerk to issue the tax deed. However, relief from such
18order may be had under Sections 2-1203 or 2-1401 of the Code of
19Civil Procedure in the same manner and to the same extent as
20may be had under those Sections with respect to final orders
21and judgments in other proceedings. The grounds for relief
22under Section 2-1401 shall be limited to:
23        (1) proof that the taxes were paid prior to sale;
24        (2) proof that the property was exempt from taxation;
25        (3) proof by clear and convincing evidence that the

 

 

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1    tax deed had been procured by fraud or deception by the tax
2    purchaser or his or her assignee; or
3        (4) proof by a person or party holding a recorded
4    ownership or other recorded interest in the property that
5    he or she was not named as a party in the publication
6    notice as set forth in Section 22-20, and that the tax
7    purchaser or his or her assignee did not make a diligent
8    inquiry and effort to serve that person or party with the
9    notices required by Sections 22-10 through 22-30.
10    (b) In cases of the sale of homestead property in counties
11with 3,000,000 or more inhabitants, a tax deed may also be
12voided by the court upon petition, filed not more than 3 months
13after an order for tax deed was entered, if the court finds
14that the property was owner occupied on the expiration date of
15the period of redemption and that the order for deed was
16effectuated pursuant to a negligent or willful error made by
17an employee of the county clerk or county collector during the
18period of redemption from the sale that was reasonably relied
19upon to the detriment of any person having a redeemable
20interest. In such a case, the tax purchaser shall be entitled
21to the original amount required to redeem the property plus
22interest from the sale as of the last date of redemption
23together with costs actually expended subsequent to the
24expiration of the period of redemption and reasonable
25attorney's fees, all of which shall be dispensed from the fund
26created by Section 21-295. If an excess proceeds sale has

 

 

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1occurred pursuant to Section 22-105, the successful purchaser
2shall be entitled to the following amounts, all of which shall
3be dispensed from the fund created by Section 21-295:
4        (1) the amount owed to the holder of the certificate
5    listed in the order directing issuance of tax deed, with
6    interest at the rate of 1% per month from the date the
7    successful purchaser paid his or her winning excess
8    proceeds sale bid until the date of payment pursuant to
9    this Section;
10        (2) all taxes and special assessments paid or redeemed
11    by the successful purchaser, the tax deed grantee, or or
12    the tax deed grantee's successors and assigns, after the
13    excess proceeds sale, with interest at the rate of 1% per
14    month from the date any such payment was made until the
15    date of payment pursuant to this Section;
16        (3) the cost of certification of tax deed order, the
17    cost of issuance of the tax deed, and the cost of recording
18    of the tax deed, which shall include any indemnity fund
19    fees as required by subsection (c) of Section 22-40;
20        (4) the total amount of any excess surplus paid by the
21    winning bidder at any excess proceeds sale, provided that
22    the amount bid was in excess of the total amount owed to
23    the holder of the certificate as listed in the order
24    directing issuance of tax deed; and
25        (5) reasonable attorney's fees and court costs
26    actually expended.

 

 

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1    (c) The treasurer, as trustee of the county indemnity
2fund, may file a motion with the court for the release of any
3surplus funds held by the clerk of the circuit court as
4provided in Section 22-120, and the court shall enter an order
5requiring the clerk of the circuit court to release any
6surplus funds from the excess proceeds sale to the treasurer
7as trustee of the county indemnity fund.
8    (d) In those cases of error where the court vacates the tax
9deed, it may award the petitioner reasonable attorney's fees
10and court costs actually expended, payable from that fund. The
11court hearing a petition filed under this Section or Section
122-1401 of the Code of Civil Procedure may concurrently hear a
13petition filed under Section 21-295 and may grant relief under
14any Section.
15    (e) Any owner who requests an excess proceeds sale
16pursuant to Section 22-100 shall not be limited to any relief
17from the order directing the county clerk to issue the tax deed
18as provided in this Section and under and any motion filed
19under Sections 2-1203 or 2-1401 of the Code of Civil Procedure
20unless an excess proceeds sale occurs. Once the excess
21proceeds sale occurs, any owner who made such a request shall
22be limited to the results of any excess proceeds sale
23regardless if any surplus funds exist. Any surplus funds shall
24be recovered only pursuant to the requirements of Section
2522-120.
26    This amendatory Act of the 95th General Assembly shall be

 

 

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1construed as being declarative of existing law and not as a new
2enactment.
3(Source: P.A. 95-477, eff. 6-1-08.)
 
4    (35 ILCS 200/22-55)
5    Sec. 22-55. Tax deeds to convey merchantable title.
6    (a) This Section shall be liberally construed so that tax
7deeds shall convey merchantable title. In the event the
8property has been taken by eminent domain under the Eminent
9Domain Act, the tax purchaser shall be entitled to the award
10which is the substitute for the property. Tax deeds issued
11pursuant to this Section are subject to Section 22-70.
12    (b) Any conveyance from any tax deed grantee, including
13any deed issued to the county, a specific county agency, or a
14municipality, to a bona fide purchaser shall include a county
15indemnity fund charge in the amount of 2.5% of the purchase
16price, which shall be paid by the tax deed grantee. The
17indemnity fund charge shall be collected by the Illinois
18licensed title insurance company that issues an owner's policy
19of title insurance from the tax deed grantee to the purchaser
20and shall thereafter be paid by the title insurance company to
21the county treasurer of the county in which the property is
22located, as trustee of the indemnity fund established by
23Section 21-295. The title insurance company may charge a
24reasonable fee for the collection and turnover of those
25charges. This subsection applies to conveyances that occur on

 

 

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1or after the effective date of this amendatory Act of the 103rd
2General Assembly.
3    (c) In counties of 3,000,000 or more inhabitants, any
4conveyance from any tax deed grantee, including any deed that
5is issued to the county, to a specific county agency, or to a
6municipality, that is not covered in subsection (b) shall
7include an indemnity fund fee of $500 upon recording of the
8deed from the tax deed grantee to any grantee. The $500
9indemnity fee received under this subsection shall be paid by
10the county recorder or the county clerk to the county
11treasurer of the county in which the land is situated and shall
12be used for the purpose of funding the county's indemnity fund
13established by Section 21-295.
14(Source: P.A. 94-1055, eff. 1-1-07.)
 
15    (35 ILCS 200/22-60)
16    Sec. 22-60. Contents of deed; recording.
17    (a) Every tax deed shall contain the full names and the
18true post office address and residence of the grantee. A
19county receiving a tax deed pursuant to Section 21-90 may
20designate a specific county agency to be named as the deed
21grantee. It shall not be of any force or effect, and the
22recipient shall not take title to the property, until after
23the deed has been recorded in the office of the recorder.
24    (b) The cost of recording a tax deed, including, but not
25limited to, a tax deed issued to a county, a specific county

 

 

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1agency, or a municipality, shall include a $200 indemnity fund
2surcharge fee. All surcharge fees received under this
3subsection shall be paid by the county recorder or the county
4clerk to the county treasurer of the county in which the land
5is situated and shall be used for the purpose of funding the
6county's indemnity fund established by Section 21-295.
7(Source: P.A. 103-555, eff. 1-1-24.)
 
8    (35 ILCS 200/22-75)
9    Sec. 22-75. Deed; prima facie evidence of regularity of
10sale.
11    (a) As to the property conveyed therein, tax deeds
12executed by the county clerk are prima facie evidence of the
13following facts in all controversies and suits in relation to
14the rights of the tax deed grantee and his or her heirs or
15assigns:
16        (1) the property conveyed was subject to taxation at
17    the time it was assessed, and was listed and assessed in
18    the time and manner required by law;
19        (2) the taxes or special assessments were not paid at
20    any time before the sale;
21        (3) the property was advertised for sale in the manner
22    and for the length of time required by law;
23        (4) the property was sold for taxes or special
24    assessments as stated in the deed;
25        (5) the sale was conducted in the manner required by

 

 

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1    law;
2        (6) the property conveyed was not redeemed from the
3    sale within the time permitted by law;
4        (7) the grantee in the deed was the purchaser or
5    assignee of the purchaser.
6    (a-5) No conveyance from a tax deed grantee to a bona fide
7purchaser may be challenged on the basis that the former owner
8may have suffered a loss of equity. Any such claim must be
9adjudicated pursuant to the provisions of Sections 22-100
10through 22-120 or 21-305, which provisions shall be the
11exclusive remedy for any alleged loss of equity.
12    (b) Any order for the sale of property for delinquent
13taxes, except as otherwise provided in this Section, shall
14estop all parties from raising any objections to the order or
15to a tax title based thereon, which existed at or before the
16rendition of the order, and which could have been presented as
17a defense to the application for the order. The order itself is
18conclusive evidence of its regularity and validity in all
19collateral proceedings, except in cases where the tax or
20special assessments were paid prior to the sale or the
21property was exempt from general taxes or was not subject to
22special assessment.
23(Source: P.A. 88-455; 89-342, eff. 1-1-96.)
 
24    (35 ILCS 200/22-80)
25    Sec. 22-80. Order of court setting aside tax deed;

 

 

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1payments to holder of deed.
2    (a) Any order of court vacating an order directing the
3county clerk to issue a tax deed based upon a finding that the
4property was not subject to taxation or special assessment, or
5that the taxes or special assessments had been paid prior to
6the sale of the property, or that the tax sale was otherwise
7void, shall declare the tax sale to be a sale in error pursuant
8to Section 21-310 of this Act. The order shall direct the
9county collector to refund to the tax deed grantee or his or
10her successors and assigns (or, if a tax deed has not yet
11issued, the holder of the certificate) the following amounts:
12        (1) all taxes and special assessments purchased, paid,
13    or redeemed by the tax purchaser or his or her assignee, or
14    by the tax deed grantee or his or her successors and
15    assigns, whether before or after entry of the order for
16    tax deed, with interest at the rate of 1% per month from
17    the date each amount was paid until the date of payment
18    pursuant to this Section;
19        (2) all costs paid and posted to the judgment record
20    and not included in paragraph (1) of this subsection (a);
21    and
22        (3) court reporter fees for the hearing on the
23    application for tax deed and transcript thereof, the cost
24    of certification of tax deed order, the cost of issuance
25    of tax deed, and the cost of recording of tax deed, and any
26    indemnity fund fees as required by subsection (c) of

 

 

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1    Section 22-40, subsection (e-5) of Section 22-40,
2    subsection (b) of 22-50, and subsection (b) of Section
3    22-60.
4    (a-5) If an excess proceeds sale has occurred pursuant to
5Section 22-105, the county collector shall refund to the tax
6deed grantee, or to the grantee's successors and assigns, or,
7if a tax deed has not yet issued, to the holder of the
8certificate of purchase, the following amounts:
9        (1) the amount owed to the holder of the certificate,
10    which is listed in the order directing issuance of tax
11    deed, with interest at the rate of 1% per month from the
12    date the order directing issuance of tax deed was entered
13    until the date of payment under this Section;
14        (2) all taxes and special assessments paid or redeemed
15    by the tax purchaser or the tax purchaser's assignee, or
16    by the tax deed grantee or the grantee's successors and
17    assigns, after the excess proceeds sale, with interest at
18    the rate of 1% per month from the date each amount was paid
19    until the date of payment pursuant to this Section;
20        (3) the cost of certification of tax deed order, the
21    cost of issuance of tax deed, the cost of recording of tax
22    deed, and any indemnity fund fees as required by
23    subsection (d) of Section 22-40, subsection (e-5) of
24    Section 22-40, subsection (b) of 22-50, subsection (b) of
25    and 22-60; and
26        (4) the total amount of any excess surplus paid by the

 

 

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1    winning bidder at any excess proceeds sale, provided that
2    the amount bid was in excess of the total amount owed to
3    the holder of the certificate as listed in the order
4    directing issuance of tax deed with interest at the rate
5    of 1% per month from the date the winning bidder paid the
6    amount due at the excess surplus sale until the date of
7    payment pursuant to this Section. The collector may file a
8    motion with the court for release of any surplus funds
9    held by the clerk of the circuit court as provided in
10    Section 22-120, and the court shall enter an order
11    requiring the clerk of the circuit court to release any
12    remaining surplus funds to the collector from that excess
13    proceeds sale.
14    (b) Except in those cases described in subsection (a) and
15(a-5) of this Section, and unless the court on motion of the
16tax deed petitioner extends the redemption period to a date
17not later than 3 years from the date of sale, any order of
18court finding that an order directing the county clerk to
19issue a tax deed should be vacated shall direct the party who
20successfully contested the entry of the order to pay to the tax
21deed grantee or his or her successors and assigns (or, if a tax
22deed has not yet issued, the holder of the certificate) within
2390 days after the date of the finding:
24        (1) the amount necessary to redeem the property from
25    the sale as of the last day of the period of redemption,
26    except that, if the sale is a scavenger sale pursuant to

 

 

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1    Section 21-260 of this Act, the redemption amount shall
2    not include an amount equal to all delinquent taxes on
3    such property which taxes were delinquent at the time of
4    sale; and
5        (2) amounts in satisfaction of municipal liens paid by
6    the tax purchaser or his or her assignee, and the amounts
7    specified in paragraphs (1) and (3) of subsection (a) of
8    this Section, to the extent the amounts are not included
9    in paragraph (1) of this subsection (b).
10    If the payment is not made within the 90-day period, the
11petition to vacate the order directing the county clerk to
12issue a tax deed shall be denied with prejudice, and the order
13directing the county clerk to issue a tax deed shall remain in
14full force and effect. No final order vacating any order
15directing the county clerk to issue a tax deed shall be entered
16pursuant to this subsection (b) until the payment has been
17made.
18    (c) Except as described in subsection (a), (a-5), or (b),
19any order of the court finding that an order directing the
20county clerk to issue a tax deed shall be vacated when an
21excess proceeds sale has occurred shall direct the party who
22successfully contested the entry of the order to pay to the tax
23deed grantee or the grantee's successors and assigns (or, if a
24tax deed has not yet issued, to the holder of the certificate)
25within 90 days after the date of the finding the following
26amounts:

 

 

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1        (1) the amount owed to the holder of the certificate
2    that is listed in the order directing issuance of tax
3    deed, with interest at the rate of 1% per month from the
4    date the order directing issuance of tax deed was entered
5    until the date of payment pursuant to this Section;
6        (2) all taxes and special assessments paid or redeemed
7    by the tax purchaser or his or her assignee, or by the tax
8    deed grantee or his or her successors and assigns, after
9    the excess proceeds sale, with interest at the rate of 1%
10    per month from the date each amount was paid until the date
11    of payment pursuant to this Section; and
12        (3) the cost of certification of tax deed order, the
13    cost of issuance of tax deed, the cost of recording of tax
14    deed, and any indemnity fund surcharge fees as required by
15    subsection (c) of Sections 22-40, subsection (e-5) of
16    Section 22-40, subsection (b) of Section 22-50, and
17    subsection (b) of Section 22-60.
18    If the payment is not made within the 90-day period, the
19petition to vacate the order directing the county clerk to
20issue a tax deed shall be denied with prejudice, and the order
21directing the county clerk to issue a tax deed shall remain in
22full force and effect. No final order vacating any order
23directing the county clerk to issue a tax deed shall be entered
24pursuant to this subsection (c) until the payment has been
25made.
26    (d) If the total amount from any excess proceeds sale

 

 

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1exceeds the total amount owed to the holder of the certificate
2as listed in the order directing issuance of tax deed. The tax
3deed grantee or his or her successors and assigns (or, if a tax
4deed has not yet issued, the holder of the certificate) may
5file a motion with the court for release of any surplus funds
6held by the clerk of the circuit court as provided in Section
722-120 and the court shall order the clerk of the circuit court
8to release any remaining surplus funds from said sale to the
9movant.
10(Source: P.A. 91-357, eff. 7-29-99.)
 
11    (35 ILCS 200/22-85)
12    Sec. 22-85. Failure to timely take out and record deed;
13deed is void. Unless the holder of the certificate purchased
14at any tax sale under this Code takes out the deed in the time
15provided by law, and records the same within one year from and
16after the time for redemption expires, the certificate or
17deed, and the sale on which it is based, shall, after the
18expiration of the one-year period one year period, be
19absolutely void with no right to reimbursement. If the holder
20of the certificate is prevented from obtaining or recording a
21deed by injunction or order of any court, or by the refusal or
22inability of any court to act upon the application for a tax
23deed, or by the refusal of the clerk to execute the same deed,
24or by the refusal, inability, or delay of any county, city,
25village, or incorporated town to issue transfer stamps, the

 

 

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1time he or she is so prevented shall be excluded from
2computation of the one-year period one year period.
3Certificates of purchase and deeds executed by the clerk shall
4recite the qualifications required in this Section. The court
5shall retain jurisdiction to enter orders pursuant to this
6Section.
7    If any owner of the property sold requests an excess
8proceeds sale, the time for recording any tax deed shall be
9extended pursuant to the requirement of subsection (g) of
10Section 22-105.
11(Source: P.A. 87-669; 88-455.)
 
12    (35 ILCS 200/22-100 new)
13    Sec. 22-100. Request for excess proceeds sale. Any owner
14who has an interest in the property on the date a tax deed
15petition is filed with the clerk of the circuit court may
16request an excess proceeds sale by:
17        (1) filing a request for an excess proceeds sale with
18    the county clerk before the final date of redemption; the
19    clerk shall provide the request form to the person making
20    the request and, upon completion of the form, shall
21    immediately mark the request on the tax judgment, sale,
22    redemption, and forfeiture record; the county clerk may
23    charge a reasonable fee for such a request and shall
24    provide a receipt to the person making such request;
25        (2) filing a request for an excess proceeds sale with

 

 

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1    the clerk of the circuit court for which the tax deed
2    proceeding is pending before the entry of any tax deed
3    order; or
4        (3) filing a request for an excess proceeds sale with
5    the clerk of the circuit court for which the tax deed
6    proceeding is pending within 90 days after date the tax
7    deed order is entered or the date the notice required
8    under Section 22-40 is mailed, whichever is later.
9    An owner's failure to request an excess proceeds sale
10shall not affect any rights the owner may have for
11indemnification pursuant to Section 21-305.
12    The request for an excess proceeds sale shall be completed
13in its entirety by the owner in the following form:
14
REQUEST FOR AN EXCESS PROCEEDS SALE
15    Name of Owner:...........................................
16    Property Address:........................................
17    Property Index Number:...................................
18    Sold or Forfeited for General Taxes of (year) Tax Deed
19Case Number:.................................................
20    I, [insert name], am an owner of the above property. If I
21cannot redeem my property from the above tax sale, I hereby
22request that the court order an excess proceeds sale, and that
23I be given an opportunity to claim any surplus funds that may
24be collected in excess of the amounts due for taxes,
25penalties, costs, and other encumbrances on the property.
26    Date:....................................................

 

 

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1    Owner:...................................................
2    If no request for an excess proceeds sale has been made by
3any owner prior to the entry of the tax deed order, the holder
4of the certificate of purchase as listed in the tax deed order
5shall mail the form for a request for an excess proceeds sale
6as set forth in this Section to the persons listed in
7subsection (a-5) of Section 22-40 as required by that Section.
8The form shall include the date on which the excess proceeds
9sale is to be held.
 
10    (35 ILCS 200/22-105 new)
11    Sec. 22-105. Excess proceeds sale.
12    (a) If an owner makes a written request for an excess
13proceeds sale, as set forth in Section 22-100, upon entry of an
14order directing the county clerk to issue a tax deed (tax deed
15order), the certificate of purchase that is the subject of the
16tax deed order shall be sold at an excess proceeds sale in
17accordance with this Section.
18    (b) The certificate of purchase shall be sold as provided
19in this Section, on such terms and conditions as shall be
20specified by the court in the tax deed order. The sale may be
21conducted by any licensed title insurance company in the State
22of Illinois or by the law firm or attorney who obtained the tax
23deed order.
24    (c) The title insurance company, law firm, attorney, or
25such other party as is designated by the court shall give

 

 

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1public notice of the sale as follows:
2        (1) The notice of sale shall include at least the
3    following information, but an immaterial error in the
4    information shall not invalidate the legal effect of the
5    notice:
6            (A) the name, address, and telephone number of the
7        person to contact for information regarding the
8        certificate of purchase and the real estate to which
9        it pertains;
10            (B) the property address (as identified on the
11        most recent tax bill, if available); the Property
12        Index Number listed on the certificate of purchase,
13        and any other common description, if any, of the real
14        estate;
15            (C) a legal description of the real estate
16        sufficient to identify it with reasonable certainty;
17            (D) a description of the improvements on the real
18        estate;
19            (E) the time and place of the sale;
20            (F) the terms of the sale;
21            (G) the case title, case number, and court in
22        which the tax deed order was entered;
23            (H) such other information as is ordered by the
24        court.
25        (2) The notice of sale shall be published once each
26    week for at least 3 consecutive calendar weeks (Sunday

 

 

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1    through Saturday). The first such notice shall be
2    published not more than 45 days before the sale, and the
3    last such notice shall be published not less than 7 days
4    before the sale. Notice shall be in the following manner:
5            (A) by advertisement in a newspaper circulated to
6        the general public in the county in which the real
7        estate is located, in the section of that newspaper
8        where legal notices are commonly placed;
9            (B) by separate advertisements in the section of
10        such a newspaper, which (except in counties with a
11        population in excess of 3,000,000) may be the same
12        newspaper, in which real estate other than real estate
13        being sold as part of legal proceedings is commonly
14        advertised to the general public; provided that the
15        separate advertisements in the real estate section
16        need not include a legal description and that, if both
17        advertisements could be published in the same
18        newspaper and that newspaper does not have separate
19        legal notices and real estate advertisement sections,
20        a single advertisement with the legal description
21        shall be sufficient; and
22            (C) by such other publications as may be further
23        ordered by the court.
24        (3) The party who gives notice of public sale in
25    accordance with this subsection (c) shall also give notice
26    to all interested parties who were named in the tax deed

 

 

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1    proceeding via first-class mail at the addresses used in
2    the tax deed proceeding and to any attorney or person who
3    appeared in the proceeding to receive notice. After notice
4    is given as required in this Section, a copy of the notice
5    shall be filed in the office of the clerk of the court
6    entering the tax deed order, together with a certificate
7    of counsel or other proof that notice has been served in
8    compliance with this Section.
9        (4) The party who gives notice of public sale in
10    accordance with this subsection (c) shall again give
11    notice in accordance with this Section of any canceled
12    sale; provided, however, that, if the canceled sale is to
13    occur less than 30 days after the last scheduled sale,
14    notice of any canceled sale need not be given pursuant to
15    this Section. In the event of cancellation, the person
16    conducting the sale shall, upon cancellation, announce the
17    date, time, and place upon which the adjourned sale shall
18    be held. Notwithstanding any language to the contrary, for
19    any canceled sale that is to be conducted more than 60 days
20    after the date on which it was to first be held, the party
21    giving notice of the sale shall again give notice in
22    accordance with this Section.
23        (5) No other notice by publication or posting is
24    necessary unless required by order or rule of the court.
25    (d) Upon and at the sale of the certificate of purchase,
26the person conducting the sale shall give to the purchaser a

 

 

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1receipt of sale. The receipt shall describe the real estate
2purchased and shall show the amount bid, the amount paid, the
3total amount paid to date and the amount still to be paid for
4it. An additional receipt shall be given at the time of each
5subsequent payment. The holder of the certificate of purchase
6identified in the tax deed order may place a credit bid equal
7to the total amount as listed in the tax deed order.
8    (e) Upon payment in full of the amount bid, the person
9conducting the sale shall assign and deliver the original
10certificate of purchase to the winning bidder who shall become
11the holder of the certificate of purchase. The sale amount of
12the certificate of purchase is prima facia evidence of the
13fair market value of the real estate as of the date of the
14excess proceeds sale. Any certificate of purchase following a
15sale under this Section shall be freely assignable by
16endorsement as set forth in Section 21-250.
17    (f) Following a sale as set forth in this Section, the
18holder of the certificate of purchase, or the holder's
19assignee, shall present the certificate of purchase to the
20county clerk in order to obtain a tax deed for the property.
21    (g) Notwithstanding the provisions of Section 22-85, if a
22sale occurs under this Section, the winning bidder or the
23bidder's assignee shall have one year from the date of the sale
24under this Section to take out and record the tax deed. If the
25bidder or the bidder's assignee fails to record the tax deed
26within one year after the sale under this Section, the

 

 

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1certificate or deed, and the sale on which it is based, shall
2be absolutely void with no right to reimbursement. If the
3holder of the certificate is prevented from obtaining or
4recording a deed by injunction or order of any court, by the
5refusal or inability of any court to act upon the application
6for a tax deed, by the refusal of the clerk to execute the same
7deed, or by the refusal, inability, or delay of any county,
8city, village, or incorporated town to issue transfer stamps,
9then the time during which the holder is so prevented shall be
10excluded from computation of the one-year period. The court
11shall retain jurisdiction to enter orders pursuant to this
12Section.
 
13    (35 ILCS 200/22-110 new)
14    Sec. 22-110. Excess Proceeds Sale; Indemnity Fund.
15    (a) Upon and at the excess proceeds sale under Section
1622-105, the purchaser shall pay to the person conducting the
17sale a fee for deposit into the county indemnity fund
18established by Section 21-295. The fee shall be $500 and shall
19be paid by the purchaser to the person conducting the sale, as
20reflected in the receipt of sale issued to the purchaser. This
21fee shall also be paid by the holder of the certificate of
22purchase pursuant to any credit bid at the sale. Upon the
23completion of the sale, the person conducting the sale shall
24remit the fee to the county treasurer as trustee of the county
25indemnity fund for the county in which the sale occurred.

 

 

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1    (b) All fees paid by purchasers under this Section shall
2be disbursed within 60 days after receipt by the person
3conducting the sale as follows: (i) 95% to the county
4treasurer, as trustee of the county indemnity fund for deposit
5into the indemnity fund; and (ii) 5% to be retained by the
6person conducting the sale to defray administrative expenses
7related to implementation of this Section.
8    (c) Not later than March 1 of each year, the county
9treasurer, as trustee of the indemnity fund, shall submit to
10the county clerk a report of the funds collected and remitted
11during the preceding year.
 
12    (35 ILCS 200/22-115 new)
13    Sec. 22-115. Application of proceeds of sale. The proceeds
14resulting from a sale of a certificate of purchase under
15Section 22-105 shall be applied in the following order:
16        (1) an amount equal to the cost of facilitating the
17    excess proceeds sale, including the costs of providing all
18    notices required by Section 22-105, to the person
19    appointed by the court to conduct the sale;
20        (2) a reasonable fee for conducting the sale, which
21    shall not exceed $1,500, to the person appointed by the
22    court to conduct the sale; and
23        (3) the amount set forth in the tax deed order to be
24    paid to the holder of the certificate of purchase at the
25    time the order was entered.
 

 

 

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1    (35 ILCS 200/22-120 new)
2    Sec. 22-120. Surplus distribution.
3    (a) Within 30 days after the completion of the sale, if
4there is a surplus following the distributions made pursuant
5to Section 22-115, the person conducting the sale shall
6deposit all surplus proceeds with the clerk of the circuit
7court in the county in which the sale was held until further
8order of the court. The surplus shall be held until a person
9obtains a court order for its distribution or until, in the
10absence of an order, the surplus is forfeited to the State.
11    (b) Within 14 days after any surplus deposit is made to the
12clerk of the circuit court, the person appointed by the court
13to conduct the sale shall file a notice of deposit of surplus
14with the clerk of the circuit court in the same case in which
15the tax deed order was entered. The notice shall list the
16amount of the surplus and the date on which the surplus was
17deposited with the clerk of the circuit court, together with a
18certificate of counsel or other proof that notice has been
19mailed to the person who made the written request for an excess
20proceeds sale and to all persons named in the tax deed
21proceeding, via first-class mail at the addresses used in the
22tax deed proceeding, and to any attorney or person who
23appeared in the proceeding. In addition to the notice of
24surplus, a form motion and petition for turnover of surplus
25funds must be included.

 

 

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1    (c) Any owner desiring to make a claim for any surplus
2proceeds must file a motion and petition for turnover of
3surplus funds in the circuit court and obtain a court order
4requiring the circuit court to release any surplus funds. The
5circuit court shall retain jurisdiction over the matter and
6enter any surplus order requiring the circuit court to release
7funds to satisfy all claims in the order of priority.
8    (d) Any owner who requested an Excess Proceeds Sale need
9not pay an appearance fee in order to make a motion to claim
10any surplus.
11    (e) The county treasurer, as trustee of the county
12indemnity fund, may file a motion and petition for turnover of
13surplus funds in the circuit court and obtain a court order
14requiring the circuit court to release any surplus funds as
15authorized by subsection (c) of Section 22-45.
16    (f) The county collector may file a motion and petition
17for turnover of surplus funds in the circuit court and obtain a
18court order requiring the circuit court to release any surplus
19funds as authorized by Section subsection (a-5) of Section
2022-80.
21    (g) The tax deed grantee or the grantee's successors and
22assigns (or, if a tax deed has not yet issued, the holder of
23the certificate) may file a motion and petition for turnover
24of surplus funds in the circuit court and obtain a court order
25requiring the circuit court to release any surplus funds as
26authorized by subsection (d) of Section 22-80.
 

 

 

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1    Section 99. Effective date. This Act takes effect upon
2becoming law.".