Illinois General Assembly - Illinois Compiled Statutes

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35 ILCS 516/255

(35 ILCS 516/255)

Sec. 255. Sales in error.

(a) When, upon application of the county collector, the owner of the
certificate of purchase, or a
municipality that owns or has owned the mobile home ordered sold, it appears to
the satisfaction of the court that ordered the mobile home sold that any of the
following subsections are applicable, the court shall declare the sale to be a
sale in error:

(1) the mobile home was not subject to taxation,

(1.5) the mobile home has been moved to a different

location,

(2) the taxes had been paid prior to the sale of the

mobile home,

(3) there is a double computation of the tax,

(4) the description is void for uncertainty,

(5) the assessor, chief county assessment officer,

board of review, board of appeals, or other county official has made an error (other than an error of judgment as to the value of any mobile home),

(5.5) the owner of the mobile home had tendered

timely and full payment to the county collector that the owner reasonably believed was due and owing on the mobile home, and the county collector did not apply the payment to the mobile home; provided that this provision applies only to mobile home owners, not their agents or third-party payors,

(6) prior to the tax sale a voluntary or involuntary

petition has been filed by or against the legal or beneficial owner of the mobile home requesting relief under the provisions of 11 U.S.C. Chapter 7, 11, 12, or 13, or

(7) the mobile home is owned by the United States,

the State of Illinois, a municipality, or a taxing district.

(b) When, upon application of the owner of the certificate of purchase
only, it appears to the satisfaction of the court that ordered the mobile home
sold that any of the following subsections are applicable, the court shall
declare the sale to be a sale in error:

(1) A voluntary or involuntary petition under the

provisions of 11 U.S.C. Chapter 7, 11, 12, or 13 has been filed subsequent to the tax sale and prior to the issuance of the tax certificate of title.

(2) The mobile home sold has been substantially

destroyed or rendered uninhabitable or otherwise unfit for occupancy subsequent to the tax sale and prior to the issuance of the tax certificate of title.

(c) When the county collector discovers, prior to the expiration of the period of redemption, that a tax sale
should not have occurred for one or more of the reasons set forth in
subdivision (a)(1), (a)(2), (a)(6), or (a)(7) of this Section, the county
collector shall notify the last known owner of the certificate of purchase by
certified and regular mail, or other means reasonably calculated to provide
actual notice, that the county collector intends to declare an administrative
sale in error and of the reasons therefor, including documentation sufficient
to establish the reason why the sale should not have occurred. The owner of the
certificate of purchase may object in writing within 28 days after the date of
the mailing by the county collector. If an objection is filed, the county
collector shall not administratively declare a sale in error, but may apply to
the circuit court for a sale in error as provided in subsection (a) of this
Section. Thirty days following the receipt of notice by the last known owner of
the certificate of purchase, or within a reasonable time thereafter, the county
collector shall make a written declaration, based upon clear and convincing
evidence, that the taxes were sold in error and shall deliver a copy thereof to
the county clerk within 30 days after the date the declaration is made for
entry in the tax judgment, sale, redemption, and forfeiture record pursuant to
subsection (d) of this Section. The county collector shall promptly notify the
last known owner of the certificate of purchase of the declaration by regular
mail and shall promptly pay the amount of the tax sale, together with interest
and costs as provided in Sections 260 through 280, upon surrender of the original
certificate of purchase.

(d) If a sale is declared to be a sale in error, the county
clerk shall make entry in the tax judgment, sale, redemption and
forfeiture record, that the mobile home was erroneously sold, and the county
collector shall, on demand of the owner of the certificate of purchase, refund
the amount paid, pay any interest and costs as may be ordered under Sections
260 through 280, and cancel the certificate so far as it relates to the
mobile home. The county collector shall deduct from the accounts of the
appropriate taxing bodies their pro rata amounts paid.

(Source: P.A. 98-949, eff. 8-15-14.)