Illinois General Assembly - Illinois Compiled Statutes

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35 ILCS 200/22-80

(35 ILCS 200/22-80)

Sec. 22-80.

Order of court setting aside tax deed; payments to holder
of deed.

(a) Any order of court vacating an order directing the county clerk to
issue a tax deed based upon a finding that the property was not subject to
taxation or special assessment, or that the taxes or special assessments had
been paid prior to the sale of the property, or that the tax sale was otherwise
void, shall declare the tax sale to be a sale in error pursuant to Section
21-310 of this Act.  The order shall direct the county
collector to refund to the tax deed grantee or his or her successors and
assigns (or, if a tax deed has not yet issued, the holder of the certificate)
the following amounts:

(1) all taxes and special assessments purchased,

paid, or redeemed by the tax purchaser or his or her assignee, or by the tax deed grantee or his or her successors and assigns, whether before or after entry of the order for tax deed, with interest at the rate of 1% per month from the date each amount was paid until the date of payment pursuant to this Section;

(2) all costs paid and posted to the judgment record

and not included in paragraph (1) of this subsection (a); and

(3) court reporter fees for the hearing on the

application for tax deed and transcript thereof, cost of certification of tax deed order, cost of issuance of tax deed, and cost of recording of tax deed.

(b) Except in those cases described in subsection (a) of this Section, and
unless the court on motion of the tax deed petitioner extends the redemption
period to a date not later than 3 years from the date of sale, any order of
court finding that an order directing the county clerk to issue a tax deed
should be vacated shall direct the party who successfully contested the entry
of the order to pay to the tax deed grantee or his or her successors and
assigns
(or, if a tax deed has not yet issued, the holder of the certificate)
within 90 days after the date of the finding:

(1) the amount necessary to redeem the property from

the sale as of the last day of the period of redemption, except that, if the sale is a scavenger sale pursuant to Section 21-260 of this Act, the redemption amount shall not include an amount equal to all delinquent taxes on such property which taxes were delinquent at the time of sale; and

(2) amounts in satisfaction of municipal liens paid

by the tax purchaser or his or her assignee, and the amounts specified in paragraphs (1) and (3) of subsection (a) of this Section, to the extent the amounts are not included in paragraph (1) of this subsection (b).

If the payment is not made within the 90-day period, the petition to vacate
the order directing the county clerk to issue a tax deed shall be denied with
prejudice, and the order directing the county clerk to issue a tax deed shall
remain in full force and effect.  No final order vacating any order directing
the county clerk to issue a tax deed shall be entered pursuant to this
subsection (b) until the payment has been made.

(Source: P.A. 91-357, eff. 7-29-99.)