(35 ILCS 516/325)
Sec. 325.
Redemption under protest.
Any person redeeming under this
Section at a time subsequent to the filing of a petition under Section 390 or
360, who desires to preserve his or her right to defend against the petition
for a tax certificate of title, shall accompany the deposit for redemption with
a writing substantially in the following form:
Redemption Under Protest
Tax Deed Case No. ............................................
Vol. No. .....................................................
Mobile Home Vehicle Identification No.
(or other unique description).............................
Original Amount of Tax $......................................
Amount Deposited for Redemption $.............................
Name of Petitioner............................................
Tax Year Included in Judgment.................................
Date of Sale..................................................
Expiration Date of the Period of Redemption...................
To the county clerk of ........ County:
This redemption is made under protest for the following reasons: (here
set forth and specify the grounds relied upon for the objection)
Name of party redeeming.......................................
Address.......................................................
Any grounds for the objection not specified at the time of the redemption
under protest shall not be considered by the court. The specified grounds
for the objections shall be limited to those defenses as would provide
sufficient basis to deny entry of an order for issuance of a tax certificate of
title.
Nothing in this Section shall be construed to authorize or revive any
objection to the tax sale or underlying taxes which was estopped by entry
of the order for sale as set forth in Section 420.
The person protesting shall present to the county clerk 3 copies of the
written protest signed by himself or herself. The clerk shall write or
stamp the date of receipt upon the copies and sign them. He or she shall
retain one of the copies, another he or she shall deliver to the person making
the redemption, who shall file the copy with the clerk of the court in which
the tax certificate of title petition is pending, and the third he or she shall
forward to the petitioner named therein.
The county clerk shall enter the redemption as provided in Section 165
and shall note the redemption under protest. The redemption money so deposited
shall not be distributed to the holder of the certificate of purchase but shall
be retained by the county clerk pending disposition of the petition filed under
Section 390.
Redemption under protest constitutes the appearance of the person protesting
in the proceedings under Sections 390 through 412 and that person shall
present a defense to the petition for tax certificate of title at the time
which the court directs. Failure to appear and defend shall constitute a
waiver of the protest and the court shall order the redemption money
distributed to the holder of the certificate of purchase upon surrender of that
certificate and shall dismiss the proceedings.
When the party redeeming appears and presents a defense, the court shall hear
and determine the matter. If the defense is not sustained, the court shall
order the protest stricken and direct the county clerk to distribute the
redemption money upon surrender of the certificate of purchase and shall order
the party redeeming to pay the petitioner reasonable expenses, actually
incurred, including the cost of withheld redemption money, together with a
reasonable attorney's fee. Upon a finding sustaining the protest in whole or
in
part, the court may declare the sale to be a sale in error under Section 255
or Section 405, and shall direct the county clerk to return all or part of
the redemption money or deposit to the party redeeming.
(Source: P.A. 92-807, eff. 1-1-03.)
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