[ Search ] [ Legislation ]
[ Home ] [ Back ] [ Bottom ]
| [ Introduced ] | [ Engrossed ] | [ House Amendment 001 ] |
| [ House Amendment 002 ] | [ House Amendment 004 ] |
91_SB1693enr SB1693 Enrolled LRB9110187SMdv 1 AN ACT concerning taxation. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Property Tax Code is amended by changing 5 Sections 21-295, 21-310 and 21-355 as follows: 6 (35 ILCS 200/21-295) 7 Sec. 21-295. Creation of indemnity fund. 8 (a) In counties of less than 3,000,000 inhabitants, each 9 person purchasing any property at a sale under this Code 10 shall pay to the County Collector, prior to the issuance of 11 any certificate of purchase, a fee of $20 for each item 12 purchased. A like sum shall be paid for each year that all 13 or a portion of subsequent taxes are paid by the tax 14 purchaser and posted to the tax judgment, sale, redemption 15 and forfeiture record where the underlying certificate of 16 purchase is recorded. 17 (a-5) In counties of 3,000,000 or more inhabitants, each 18 person purchasing property at a sale under this Code shall 19 pay to the County Collector a fee of $80 for each item 20 purchased plus an additional sum equal to 5% oftotaltaxes, 21 interest, and penalties paid by the purchaser, including the 22 taxes, interest, and penalties paid under Section 21-240. In 23 these counties, the certificate holder shall also pay to the 24 County Collector a fee of $80 for each year that all or a 25 portion of subsequent taxes are paid by the tax purchaser and 26 posted to the tax judgment, sale, redemption, and forfeiture 27 record, plus an additional sum equal to 5% of all subsequent 28 taxes, interest, and penalties. The additional 5% fees are 29fee isnot required after December 31, 2006. The changes to 30 this subsection made by this amendatory Act of the 91st 31 General Assembly are not a new enactment, but declaratory of SB1693 Enrolled -2- LRB9110187SMdv 1 existing law. 2 (b) The amount paid prior to issuance of the certificate 3 of purchase pursuant to subsection (a) or (a-5) shall be 4 included in the purchase price of the property in the 5 certificate of purchase and all amounts paid under this 6 Section shall be included in the amount required to redeem 7 under Section 21-355. Except as otherwise provided in 8 subsection (b) of Section 21-300, all money received under 9 subsection (a) or (a-5) shall be paid by the Collector to the 10 County Treasurer of the County in which the land is situated, 11 for the purpose of an indemnity fund. The County Treasurer, 12 as trustee of that fund, shall invest all of that fund, 13 principal and income, in his or her hands from time to time, 14 if not immediately required for payments of indemnities under 15 subsection (a) of Section 21-305, in investments permitted by 16 the Illinois State Board of Investment under Article 22A of 17 the Illinois Pension Code. The county collector shall report 18 annually to the Circuit Court on the condition and income of 19 the fund. The indemnity fund shall be held to satisfy 20 judgments obtained against the County Treasurer, as trustee 21 of the fund. No payment shall be made from the fund, except 22 upon a judgment of the court which ordered the issuance of a 23 tax deed. 24 (Source: P.A. 91-564, eff. 8-14-99.) 25 (35 ILCS 200/21-310) 26 Sec. 21-310. Sales in error. 27 (a) When, upon application of the county collector, the 28 owner of the certificate of purchasetax purchaser, or a 29 municipality which owns or has owned the property ordered 30 sold, it appears to the satisfaction of the court which 31 ordered the property sold that any of the following 32 subsections are applicable, the court shall declare the sale 33 to be a sale in error: SB1693 Enrolled -3- LRB9110187SMdv 1 (1) the property was not subject to taxation, 2 (2) the taxes or special assessments had been paid 3 prior to the sale of the property, 4 (3) there is a double assessment, 5 (4) the description is void for uncertainty, 6 (5) the assessor, chief county assessment officer, 7 board of review,orboard of appeals, or other county 8 official has made an error (other than an error of 9 judgment as to the value of any property), 10 (5.5) the owner of the homestead property had 11 tendered timely and full payment to the county collector 12 that the owner reasonably believed was due and owing on 13 the homestead property, and the county collector did not 14 apply the payment to the homestead property; provided 15 that this provision applies only to homeowners, not their 16 agents or third-party payors, 17 (6) prior to the tax sale a voluntary or 18 involuntary petition has been filed by or against the 19 legal or beneficial owner of the property requesting 20 relief under the provisions of 11 U.S.C. Chapter 7, 11, 21 12, or 13, or 22 (7) a municipality has acquired the property (i) 23 through the foreclosure of a lien authorized under 24 Section 11-31-1 of the Illinois Municipal Code or through 25 a judicial deed issued under that Section or (ii) through 26 foreclosure of a receivership certificate lien. 27 (b) When, upon application of the owner of the 28 certificate of purchasetax purchaser or his or her assignee29 only, it appears to the satisfaction of the court which 30 ordered the property sold that any of the following 31 subsections are applicable, the court shall declare the sale 32 to be a sale in error: 33 (1) A voluntary or involuntary petition under the 34 provisions of 11 U.S.C. Chapter 7, 11, 12, or 13 has been SB1693 Enrolled -4- LRB9110187SMdv 1 filed subsequent to the tax sale and prior to the 2 issuance of the tax deed. 3 (2) The improvements upon the property sold have 4 been substantially destroyed or rendered uninhabitable or 5 otherwise unfit for occupancy subsequent to the tax sale 6 and prior to the issuance of the tax deed. 7 (3) There is an interest held by the United States 8 in the property sold which could not be extinguished by 9 the tax deed. 10 (4) The real property contains a hazardous 11 substance, hazardous waste, or underground storage tank 12 that would require cleanup or other removal under any 13 federal, State, or local law, ordinance, or regulation, 14 only if the tax purchaser purchased the property without 15 actual knowledge of the hazardous substance, hazardous 16 waste, or underground storage tank. This paragraph (4) 17 applies only to tax purchases occurring after January 1, 18 1990 and if the owner of the certificate of purchasetax19purchaser or his or her assigneehas made application for 20 a sale in error at any time before the issuance of a tax 21 deed. 22 If a sale is declared to be a sale in error, the county 23 clerk shall make entry in the tax judgment, sale, redemption 24 and forfeiture record, that the property was erroneously 25 sold, and the county collector shall, on demand of the owner 26 of the certificate of purchase, refund the amount paid, pay 27 any interest and costs as may be ordered under Sections 28 21-315 through 21-335, and cancel the certificate so far as 29 it relates to the property. The county collector shall deduct 30 from the accounts of the appropriate taxing bodies their pro 31 rata amounts paid. 32 (Source: P.A. 91-177, eff. 1-1-00; 91-357, eff. 7-29-99.) 33 (35 ILCS 200/21-355) SB1693 Enrolled -5- LRB9110187SMdv 1 Sec. 21-355. Amount of redemption. Any person desiring 2 to redeem shall deposit an amount specified in this Section 3 with the county clerk of the county in which the property is 4 situated, in legal money of the United States, or by 5 cashier's check, certified check, post office money order or 6 money order issued by a financial institution insured by an 7 agency or instrumentality of the United States, payable to 8 the county clerk of the proper county. The deposit shall be 9 deemed timely only if actually received in person at the 10 county clerk's office prior to the close of business as 11 defined in Section 3-2007 of the Counties Code on or before 12 the expiration of the period of redemption or by United 13 States mail with a post office cancellation mark dated not 14 less than one day prior to the expiration of the period of 15 redemption. The deposit shall be in an amount equal to the 16 total of the following: 17 (a) the certificate amount, which shall include all 18 tax principal, special assessments, interest and 19 penalties paid by the tax purchaser together with costs 20 and fees of sale and fees paid under Sections 21-295 and 21 21-315 through 21-335; 22 (b) the accrued penalty, computed through the date 23 of redemption as a percentage of the certificate amount, 24 as follows: 25 (1) if the redemption occurs on or before the 26 expiration of 6 months from the date of sale, the 27 certificate amount times the penalty bid at sale; 28 (2) if the redemption occurs after 6 months 29 from the date of sale, and on or before the 30 expiration of 12 months from the date of sale, the 31 certificate amount times 2 times the penalty bid at 32 sale; 33 (3) if the redemption occurs after 12 months 34 from the date of sale and on or before the SB1693 Enrolled -6- LRB9110187SMdv 1 expiration of 18 months from the date of sale, the 2 certificate amount times 3 times the penalty bid at 3 sale; 4 (4) if the redemption occurs after 18 months 5 from the date of sale and on or before the 6 expiration of 24 months from the date of sale, the 7 certificate amount times 4 times the penalty bid at 8 sale; 9 (5) if the redemption occurs after 24 months 10 from the date of sale and on or before the 11 expiration of 30 months from the date of sale, the 12 certificate amount times 5 times the penalty bid at 13 sale; 14 (6) if the redemption occurs after 30 months 15 from the date of sale and on or before the 16 expiration of 36 months from the date of sale, the 17 certificate amount times 6 times the penalty bid at 18 sale. 19 In the event that the property to be redeemed 20 has been purchased under Section 21-40521-370, the 21 penalty bid shall be 12% per penalty period as set 22 forth in subparagraphs (1) through (6) of this 23 subsection (b). The changes to this subdivision 24 (b)(6) made by this amendatory Act of the 91st 25 General Assembly are not a new enactment, but 26 declaratory of existing law. 27 (c) The total of all taxes, special assessments, 28 accrued interest on those taxes and special assessments 29 and costs charged in connection with the payment of those 30 taxes or special assessments, which have been paid by the 31 tax certificate holder on or after the date those taxes 32 or special assessments became delinquent together with 33 12% penalty on each amount so paid for each year or 34 portion thereof intervening between the date of that SB1693 Enrolled -7- LRB9110187SMdv 1 payment and the date of redemption. In counties with less 2 than 3,000,000 inhabitants, however, a tax certificate 3 holder may not pay all or part of an installment of a 4 subsequent tax or special assessment for any year, nor 5 shall any tender of such a payment be accepted, until 6 after the second or final installment of the subsequent 7 tax or special assessment has become delinquent or until 8 after the holder of the certificate of purchase has filed 9 a petition for a tax deed under Section 22.30. The 10 person redeeming shall also pay the amount of interest 11 charged on the subsequent tax or special assessment and 12 paid as a penalty by the tax certificate holder. This 13 amendatory Act of 1995 applies to tax years beginning 14 with the 1995 taxes, payable in 1996, and thereafter. 15 (d) Any amount paid to redeem a forfeiture 16 occurring subsequent to the tax sale together with 12% 17 penalty thereon for each year or portion thereof 18 intervening between the date of the forfeiture redemption 19 and the date of redemption from the sale. 20 (e) Any amount paid by the certificate holder for 21 redemption of a subsequently occurring tax sale. 22 (f) All fees paid to the county clerk under Section 23 22-5. 24 (g) All fees paid to the registrar of titles 25 incident to registering the tax certificate in compliance 26 with the Registered Titles (Torrens) Act. 27 (h) All fees paid to the circuit clerk and the 28 sheriff or coroner in connection with the filing of the 29 petition for tax deed and service of notices under 30 Sections 22-15 through 22-30 and 22-40 in addition to (1) 31 a fee of $35 if a petition for tax deed has been filed, 32 which fee shall be posted to the tax judgement, sale, 33 redemption, and forfeiture record, to be paid to the 34 purchaser or his or her assignee; (2) a fee of $4 if a SB1693 Enrolled -8- LRB9110187SMdv 1 notice under Section 22-5 has been filed, which fee shall 2 be posted to the tax judgment, sale, redemption, and 3 forfeiture record, to be paid to the purchaser or his or 4 her assignee; and (3) all costs paid to record a lis 5 pendens notice in connection with filing a petition under 6 this Code. The fees in (1) and (2) of this paragraph (h) 7 shall be exempt from the posting requirements of Section 8 21-360. 9 (i) All fees paid for publication of notice of the 10 tax sale in accordance with Section 22-20. 11 (j) All sums paid to any city, village or 12 incorporated town for reimbursement under Section 22-35. 13 (k) All costs and expenses of receivership under 14 Section 21-410, to the extent that these costs and 15 expenses exceed any income from the property in question, 16 if the costs and expenditures have been approved by the 17 court appointing the receiver and a certified copy of the 18 order or approval is filed and posted by the certificate 19 holder with the county clerk. Only actual costs expended 20 may be posted on the tax judgment, sale, redemption and 21 forfeiture record. 22 (Source: P.A. 88-455; 89-57, eff. 6-30-95; 89-69, eff. 23 6-30-95; 89-626, eff. 8-9-96.) 24 Section 10. The Code of Civil Procedure is amended by 25 adding Section 12-144.5 and changing Section 12-145 as 26 follows: 27 (735 ILCS 5/12-144.5 new) 28 Sec. 12-144.5. Report of sale and confirmation of sale. 29 (a) When the premises mentioned in the certificate are 30 not redeemed in pursuance of law, the legal holder of the 31 certificate shall promptly make a report to the court that 32 issued the underlying judgment. The report shall include a SB1693 Enrolled -9- LRB9110187SMdv 1 copy of the certificate of sale; an affidavit, under oath, 2 containing a good faith appraisal of the fair market value of 3 the property; and a listing of all liens and mortgages 4 including the value thereof. 5 (b) Upon motion and notice in accordance with court 6 rules applicable to motions generally, including notice to 7 the judgment debtor, the court issuing the underlying 8 judgment shall conduct a hearing to confirm the sale. Unless 9 the court finds that (i) notice as required by law was not 10 given, (ii) the terms of the sale were unconscionable, (iii) 11 the sale was conducted fraudulently, or (iv) justice was 12 otherwise not done, the court shall then enter an order 13 confirming the sale. In making these findings, the court 14 shall take into account the purchase price at the sale in 15 relation to the fair market value of the property less the 16 value of any mortgages and liens. 17 (735 ILCS 5/12-145) (from Ch. 110, par. 12-145) 18 Sec. 12-145. Time of execution of deed. When the 19 premises mentioned in such certificate are not redeemed in 20 pursuance of law, and the court issuing the underlying 21 judgment has entered an order confirming the sale in 22 accordance with Section 12-144.5, the legal holder of the 23 certificate is entitled to a deed therefor at any time within 24 5 years from the expiration of the time of redemption. The 25 deed shall be executed by the sheriff or other officer who 26 made the sale, or by his or her successor in office, or by 27 some person specially appointed by the court for the purpose. 28 If the deed is not taken within the time limited by Part 1 of 29 Article XII of this Act, the certificate of purchase is void 30 unless the purchaser under the certificate of sale has gone 31 into possession of the premises under and in reliance on the 32 certificate of sale within the 5 year period. If, however, 33 the deed is wrongfully withheld by the officer whose duty it SB1693 Enrolled -10- LRB9110187SMdv 1 is to execute it, or if the execution of the deed is 2 restrained by injunction or order of a court, the time during 3 which the deed is so withheld or the execution thereof 4 restrained shall not be considered as any part of the 5 years 5 within which the holder is required to take a deed. 6 (Source: P.A. 83-707.) 7 Section 99. Effective date. This Section and the 8 changes to Sections 21-295 of the Property Tax Code take 9 effect upon becoming law.