(35 ILCS 516/405)
Sec. 405.
Tax certificate of title incontestable unless order appealed or
relief
petitioned. Tax certificates of title issued under Section 395 are
incontestable except by
appeal from the order of the court directing the county clerk to issue the tax
certificate of title. However, relief from such order may be had under Section
2-1401
of the Code of Civil Procedure in the same manner and to the same extent as
may be had under that Section with respect to final orders and judgments in
other proceedings. The grounds for relief under Section 2-1401 shall be
limited to:
(1) proof that the taxes were paid prior to sale;
(2) proof that the mobile home was exempt from |
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(3) proof by clear and convincing evidence that the
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| tax certificate of title had been procured by fraud or deception by the tax purchaser or his or her assignee; or
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(4) proof by a person or party holding a recorded
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| ownership or other recorded interest in the mobile home that he or she was not named as a party in the publication notice as set forth in Section 380, and that the tax purchaser or his or her assignee did not make a diligent inquiry and effort to serve that person or party with the notices required by Sections 370 through 390.
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The court hearing a petition filed under this Section
or Section 2-1401 of the Code of Civil Procedure may concurrently hear a
petition filed under Section 235 and may grant relief under either Section.
(Source: P.A. 92-807, eff. 1-1-03.)
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