Illinois 2023-2024 Regular Session

Illinois House Bill HB3040 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3040 Introduced , by Rep. Nicholas K. Smith SYNOPSIS AS INTRODUCED: See Index Amends the Property Tax Code. Modifies procedures relating to forfeited properties, including that the procedures relate to forfeiture of tax liens and certificates, rather than forfeiture of property, and that the tax liens and certificates are forfeited to the county rather than the State. Modifies when a court must declare a sale to be a sale in error and how refunds of costs and taxes are to be refunded (removing interest on costs and taxes paid). Provides that, if a sale is declared to be a sale in error, the tax certificate shall be forfeited to the county as trustee. Provides that vacant nonfarm property and property containing a residential structure with at least 7 units sold under the Code may be redeemed at any time before the expiration of one year (rather than 6 months) from the date of the sale (removing restrictions on the delinquency or forfeiture status of the property). Modifies other provisions relating to redemption of property, including the extension of the period of redemption. Modifies a provision relating to special assessments withdrawn (removing forfeiture language) and repeals other provisions about special assessments withdrawn or forfeited. Modifies provisions relating to notice of sale and redemption rights. Modifies various provisions concerning tax deeds. Repeals a provision concerning the denial of deeds. Makes other changes. Effective immediately. LRB103 28959 HLH 55345 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3040 Introduced , by Rep. Nicholas K. Smith SYNOPSIS AS INTRODUCED: See Index See Index Amends the Property Tax Code. Modifies procedures relating to forfeited properties, including that the procedures relate to forfeiture of tax liens and certificates, rather than forfeiture of property, and that the tax liens and certificates are forfeited to the county rather than the State. Modifies when a court must declare a sale to be a sale in error and how refunds of costs and taxes are to be refunded (removing interest on costs and taxes paid). Provides that, if a sale is declared to be a sale in error, the tax certificate shall be forfeited to the county as trustee. Provides that vacant nonfarm property and property containing a residential structure with at least 7 units sold under the Code may be redeemed at any time before the expiration of one year (rather than 6 months) from the date of the sale (removing restrictions on the delinquency or forfeiture status of the property). Modifies other provisions relating to redemption of property, including the extension of the period of redemption. Modifies a provision relating to special assessments withdrawn (removing forfeiture language) and repeals other provisions about special assessments withdrawn or forfeited. Modifies provisions relating to notice of sale and redemption rights. Modifies various provisions concerning tax deeds. Repeals a provision concerning the denial of deeds. Makes other changes. Effective immediately. LRB103 28959 HLH 55345 b LRB103 28959 HLH 55345 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3040 Introduced , by Rep. Nicholas K. Smith SYNOPSIS AS INTRODUCED:
3	3	See Index See Index
4	4	See Index
5	5	Amends the Property Tax Code. Modifies procedures relating to forfeited properties, including that the procedures relate to forfeiture of tax liens and certificates, rather than forfeiture of property, and that the tax liens and certificates are forfeited to the county rather than the State. Modifies when a court must declare a sale to be a sale in error and how refunds of costs and taxes are to be refunded (removing interest on costs and taxes paid). Provides that, if a sale is declared to be a sale in error, the tax certificate shall be forfeited to the county as trustee. Provides that vacant nonfarm property and property containing a residential structure with at least 7 units sold under the Code may be redeemed at any time before the expiration of one year (rather than 6 months) from the date of the sale (removing restrictions on the delinquency or forfeiture status of the property). Modifies other provisions relating to redemption of property, including the extension of the period of redemption. Modifies a provision relating to special assessments withdrawn (removing forfeiture language) and repeals other provisions about special assessments withdrawn or forfeited. Modifies provisions relating to notice of sale and redemption rights. Modifies various provisions concerning tax deeds. Repeals a provision concerning the denial of deeds. Makes other changes. Effective immediately.
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8	8	A BILL FOR
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11	11	1 AN ACT concerning revenue.
12	12	2 Be it enacted by the People of the State of Illinois,
13	13	3 represented in the General Assembly:
14	14	4 Section 5. The Property Tax Code is amended by changing
15	15	5 Sections 21-90, 21-145, 21-225, 21-235, 21-250, 21-310,
16	16	6 21-315, 21-320, 21-325, 21-330, 21-335, 21-350, 21-370,
17	17	7 21-385, 21-400, 21-430, 22-5, 22-10, 22-25, 22-30, 22-35,
18	18	8 22-40, and 22-60 as follows:
19	19	9 (35 ILCS 200/21-90)
20	20	10 Sec. 21-90. Purchase and sale by county; forfeited taxes
21	21	11 and distribution of proceeds.
22	22	12 (a) When any property is delinquent, or is forfeited for
23	23	13 each of 2 or more years, and is offered for sale under any of
24	24	14 the provisions of this Code, the county board County Board of
25	25	15 the county County in which the property is located, in its
26	26	16 discretion, may bid, or, in the case of forfeited property,
27	27	17 may apply to purchase it, in the name of the county County as
28	28	18 trustee for all taxing districts having an interest in the
29	29	19 property's taxes or special assessments for the nonpayment of
30	30	20 which the property is sold. The presiding officer of the
31	31	21 county board, with the advice and consent of the board Board,
32	32	22 may appoint on its behalf some officer, or person, or entity to
33	33	23 attend such sales, bid on tax liens and certificates, and act
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37	37	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3040 Introduced , by Rep. Nicholas K. Smith SYNOPSIS AS INTRODUCED:
38	38	See Index See Index
39	39	See Index
40	40	Amends the Property Tax Code. Modifies procedures relating to forfeited properties, including that the procedures relate to forfeiture of tax liens and certificates, rather than forfeiture of property, and that the tax liens and certificates are forfeited to the county rather than the State. Modifies when a court must declare a sale to be a sale in error and how refunds of costs and taxes are to be refunded (removing interest on costs and taxes paid). Provides that, if a sale is declared to be a sale in error, the tax certificate shall be forfeited to the county as trustee. Provides that vacant nonfarm property and property containing a residential structure with at least 7 units sold under the Code may be redeemed at any time before the expiration of one year (rather than 6 months) from the date of the sale (removing restrictions on the delinquency or forfeiture status of the property). Modifies other provisions relating to redemption of property, including the extension of the period of redemption. Modifies a provision relating to special assessments withdrawn (removing forfeiture language) and repeals other provisions about special assessments withdrawn or forfeited. Modifies provisions relating to notice of sale and redemption rights. Modifies various provisions concerning tax deeds. Repeals a provision concerning the denial of deeds. Makes other changes. Effective immediately.
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43	43	A BILL FOR
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68	68	1 on behalf of the county when exercising its authority under
69	69	2 this Section and bid or, in the case of forfeited property, to
70	70	3 apply to the county clerk to purchase. The county County shall
71	71	4 apply on the bid or purchase the unpaid taxes and special
72	72	5 assessments due upon the property. No cash need be paid.
73	73	6 (b) The county, as trustee for all taxing districts having
74	74	7 an interest in the property's taxes or special assessments,
75	75	8 shall be the designated holder of all tax liens or
76	76	9 certificates that are forfeited to the State or county. No
77	77	10 cash need be paid for the forfeited tax lien or certificate.
78	78	11 (c) For any tax lien or certificate acquired under (a) or
79	79	12 (b) or this Section, the county The County may take steps
80	80	13 necessary to acquire title to the property and may manage and
81	81	14 operate the property, including, but not limited to, mowing of
82	82	15 grass, removal of nuisance greenery, removal of garbage,
83	83	16 waste, debris or other materials, or the demolition, repair,
84	84	17 or remediation of unsafe structures. When a county, or other
85	85	18 taxing district within the county, is a petitioner for a tax
86	86	19 deed, no filing fee shall be required. When a county or other
87	87	20 taxing district within the county is the petitioner for a tax
88	88	21 deed, one petition may be filed including all parcels that are
89	89	22 tax delinquent within the county or taxing district, and any
90	90	23 publication made under Section 22-20 of this Code may combine
91	91	24 all such parcels within a single notice. The notice may
92	92	25 include the street address as listed on the most recent
93	93	26 available tax bills, if available, and shall list the PIN
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104	104	1 number shall list the street or common address, if known, of
105	105	2 the parcels for informational purposes. The county, as tax
106	106	3 creditor and as trustee for other tax creditors, or other
107	107	4 taxing district within the county, shall not be required to
108	108	5 allege and prove that all taxes and special assessments which
109	109	6 become due and payable after the sale to the county have been
110	110	7 paid nor shall the county be required to pay the subsequently
111	111	8 accruing taxes or special assessments at any time. The county
112	112	9 board or its designee may prohibit the county collector from
113	113	10 including the property in the tax sale of one or more
114	114	11 subsequent years. The lien of taxes and special assessments
115	115	12 which become due and payable after a sale or forfeiture to a
116	116	13 county shall merge in the fee title of the county, or other
117	117	14 taxing district within the county, on the issuance of a deed.
118	118	15 The county County may sell any or assign the property so
119	119	16 acquired with authority provided in this Section, or assign
120	120	17 any tax the certificate of purchase to it, to any party for any
121	121	18 price, including, but not limited to, taxing districts,
122	122	19 municipalities, land banks created pursuant to Illinois law,
123	123	20 or a nonprofit developer focused on constructing affordable
124	124	21 housing.
125	125	22 The assigned tax certificate is void with no further
126	126	23 rights given to the assignee, including no right to refund or
127	127	24 reimbursement, if a tax deed has not been recorded within 3
128	128	25 years from the date of the assignment, unless a court extends
129	129	26 the assignment period as provided in this Section. Upon a
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140	140	1 motion by the assignee, a court may toll the 3-year deadline
141	141	2 for a specified period of time if the court finds the assignee
142	142	3 is prevented from obtaining or recording a deed by injunction
143	143	4 or order of any court, by the refusal or inability of any court
144	144	5 to act upon the application for a tax deed, by a municipality's
145	145	6 refusal to issue necessary transfer stamps or approvals for
146	146	7 recording, or by the refusal of the clerk to execute the deed.
147	147	8 If an assigned tax certificate is void under this Section, it
148	148	9 shall be forfeited to the county and held as a valid
149	149	10 certificate of sale in the county's name pursuant to this
150	150	11 Section 21-90. The proceeds of any that sale or assignment
151	151	12 under this Section, less all costs of the county incurred in
152	152	13 the acquisition, operation, maintenance, and sale of the
153	153	14 property or assignment of the tax certificate property,
154	154	15 including all costs associated with county staff and overhead
155	155	16 used to perform the duties of the trustee set forth in this
156	156	17 Section, shall be distributed to the taxing districts in
157	157	18 proportion to their respective interests therein.
158	158	19 Under Sections 21-110, 21-115, and 21-120 and 21-405, a
159	159	20 county County may bid or purchase only in the absence of other
160	160	21 bidders.
161	161	22 (Source: P.A. 102-363, eff. 1-1-22.)
162	162	23 (35 ILCS 200/21-145)
163	163	24 Sec. 21-145. Scavenger sale. At the same time the county
164	164	25 collector County Collector annually publishes the collector's
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175	175	1 annual sale advertisement under Sections 21-110, 21-115 and
176	176	2 21-120, it is mandatory for the collector in counties with
177	177	3 3,000,000 or more inhabitants, and in other counties may, if
178	178	4 the county board so orders by resolution, to publish an
179	179	5 advertisement giving notice of the intended sale of certain
180	180	6 tax liens and certificates that have been forfeited and are
181	181	7 held by the county pursuant to Section 21-90 application for
182	182	8 judgment and sale of all properties upon which all or a part of
183	183	9 the general taxes for each of 3 or more years are delinquent as
184	184	10 of the date of the advertisement. Under no circumstance may a
185	185	11 tax year be offered at a scavenger sale prior to the annual tax
186	186	12 sale for that tax year (or, for omitted assessments issued
187	187	13 pursuant to Section 9-260, the annual tax sale for that
188	188	14 omitted assessment's warrant year, as defined herein). In no
189	189	15 event may there be more than 2 consecutive years without a sale
190	190	16 under this Section, except where a tax sale has been delayed
191	191	17 pursuant to Section 21-150 as a result of a statewide COVID-19
192	192	18 public health emergency. The term delinquent also includes tax
193	193	19 liens and certificates forfeited to the county as trustee and
194	194	20 held pursuant to Section 21-90, if approved for sale by the
195	195	21 county board. Any tax lien or certificate held by the county
196	196	22 pursuant to Section 21-90 that is offered at a scavenger sale
197	197	23 will be assigned by the county to the winning bidder at the
198	198	24 scavenger sale as set forth in Section 21-90. After 3 years
199	199	25 from the date of assignment, the assignment is void and the tax
200	200	26 certificate shall be forfeited back to the county and held
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211	211	1 pursuant to Section 21-90, unless a tax deed has been issued
212	212	2 and recorded by the assignee or a court order to toll the
213	213	3 deadline pursuant to Section 21-90 is entered forfeitures. The
214	214	4 county collector County Collector shall include in the
215	215	5 advertisement and in the application for judgment and sale
216	216	6 under this Section and Section 21-260 the total amount of all
217	217	7 general taxes upon those properties which are delinquent as of
218	218	8 the date of the advertisement. In lieu of a single annual
219	219	9 advertisement and application for judgment and sale under this
220	220	10 Section and Section 21-260, the county collector County
221	221	11 Collector may, from time to time, beginning on the date of the
222	222	12 publication of the annual sale advertisement and before August
223	223	13 1 of the next year, publish separate advertisements and make
224	224	14 separate applications on eligible properties described in one
225	225	15 or more volumes of the delinquent list. The separate
226	226	16 advertisements and applications shall, in the aggregate,
227	227	17 include all the properties which otherwise would have been
228	228	18 included in the single annual advertisement and application
229	229	19 for judgment and sale under this Section. Upon the written
230	230	20 request of the taxing district which levied the same, the
231	231	21 county collector may County Collector shall also include in
232	232	22 the advertisement the special taxes and special assessments,
233	233	23 together with interest, penalties and costs thereon upon those
234	234	24 properties which are delinquent as of the date of the
235	235	25 advertisement. The advertisement and application for judgment
236	236	26 and sale shall be in the manner prescribed by this Code
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247	247	1 relating to the annual advertisement and application for
248	248	2 judgment and sale of delinquent properties.
249	249	3 As used in this Section, "warrant year" means the year
250	250	4 preceding the calendar year in which the omitted assessment
251	251	5 first became due and payable.
252	252	6 (Source: P.A. 101-635, eff. 6-5-20; 102-519, eff. 8-20-21.)
253	253	7 (35 ILCS 200/21-225)
254	254	8 Sec. 21-225. Forfeited tax liens and certificates
255	255	9 property. Every tax lien or certificate for property offered
256	256	10 at public sale, and not sold for want of bidders, unless it is
257	257	11 released from sale by the withdrawal from collection of a
258	258	12 special assessment levied thereon, shall be forfeited to the
259	259	13 county, as trustee for the taxing districts, and managed
260	260	14 pursuant to Section 21-90. Tax certificates are also forfeited
261	261	15 to the county in those circumstances described in subsection
262	262	16 (d) of Section 21-310 and subsection (f) of Section 22-40
263	263	17 State of Illinois. However, when the court, county clerk and
264	264	18 county treasurer certify that the taxes and special
265	265	19 assessments not withdrawn from collection on forfeited
266	266	20 property equal or exceed the actual value of the property, the
267	267	21 county collector shall, on the receipt of such certificate,
268	268	22 offer the property for sale to the highest bidder, after first
269	269	23 giving 10 days' notice in counties with less than 10,000
270	270	24 inhabitants, according to the most recent federal decennial
271	271	25 census, and 30 days' notice in all other counties, in the
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282	282	1 manner described in Sections 21-110 and 21-115, of the time
283	283	2 and place of sale, together with a description of the property
284	284	3 to be offered. A certificate of purchase shall be issued to the
285	285	4 purchaser at the sale as in other cases provided in this Code.
286	286	5 The county collector shall receive credit in the settlement
287	287	6 with the taxing bodies for which the tax was levied for the
288	288	7 amount not realized by the sale. The amount received from the
289	289	8 sale shall be paid by the collector, pro rata, to the taxing
290	290	9 bodies entitled to it.
291	291	10 (Source: P.A. 97-557, eff. 7-1-12.)
292	292	11 (35 ILCS 200/21-235)
293	293	12 Sec. 21-235. Record of forfeitures. All tax liens and
294	294	13 certificates properties forfeited to the county State at the
295	295	14 sale shall be noted on the Tax Judgment, Sale, Redemption and
296	296	15 Forfeiture Record.
297	297	16 In counties with less than 3,000,000 inhabitants, a list
298	298	17 of all property charged with delinquent special assessments
299	299	18 and forfeited to the county State at the sale shall be returned
300	300	19 to the collector of the levying municipality.
301	301	20 (Source: P.A. 76-2254; 88-455.)
302	302	21 (35 ILCS 200/21-250)
303	303	22 Sec. 21-250. Certificate of purchase. The county clerk
304	304	23 shall make out and deliver to the purchaser of any property
305	305	24 sold under Section 21-205 or to the county if the lien is
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316	316	1 acquired pursuant to Section 21-90 and a certificate is
317	317	2 requested by the county or its agent , a tax certificate of
318	318	3 purchase countersigned by the collector, describing the
319	319	4 property sold, the date of sale, the amount of taxes, special
320	320	5 assessments, interest and cost for which they were sold and
321	321	6 that payment of the sale price has been made. If any person
322	322	7 becomes the purchaser of more than one property owned by one
323	323	8 party or person, the purchaser may have the whole or one or
324	324	9 more of them included in one certificate, but separate
325	325	10 certificates shall be issued in all other cases. A tax
326	326	11 certificate certificate of purchase shall be assignable by
327	327	12 endorsement. An assignment shall vest in the assignee or his
328	328	13 or her legal representatives, all the right and title of the
329	329	14 original purchaser.
330	330	15 If the tax certificate is lost or destroyed, the county
331	331	16 clerk shall issue a duplicate certificate upon written request
332	332	17 and a sworn affidavit by the tax sale purchaser, or his or her
333	333	18 assignee, that the tax certificate is lost or destroyed. The
334	334	19 county clerk shall cause a notation to be made in the tax sale
335	335	20 and judgment book that a duplicate certificate has been
336	336	21 issued, and redemption payments shall be made only to the
337	337	22 holder of the duplicate certificate.
338	338	23 (Source: P.A. 88-455; 89-617, eff. 9-1-96.)
339	339	24 (35 ILCS 200/21-310)
340	340	25 Sec. 21-310. Sales in error.
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351	351	1 (a) When, upon application of the county collector, the
352	352	2 owner of the certificate of purchase, or a municipality which
353	353	3 owns or has owned the property ordered sold, it appears to the
354	354	4 satisfaction of the court which ordered the property sold that
355	355	5 any of the following subsections are applicable, the court
356	356	6 shall declare the sale to be a sale in error:
357	357	7 (1) the property was not subject to taxation, or all
358	358	8 or any part of the lien of taxes sold has become null and
359	359	9 void pursuant to Section 21-95 or unenforceable pursuant
360	360	10 to subsection (c) of Section 18-250 or subsection (b) of
361	361	11 Section 22-40,
362	362	12 (2) the taxes or special assessments had been paid
363	363	13 prior to the sale of the property,
364	364	14 (3) there is a double assessment,
365	365	15 (4) (blank), the description is void for uncertainty,
366	366	16 (5) the assessor, chief county assessment officer,
367	367	17 board of review, board of appeals, or other county
368	368	18 official has made an error (other than an error of
369	369	19 judgment as to the value of any property) that could not
370	370	20 have been discovered by the purchaser or assignee through
371	371	21 reasonable inquiry of publicly available records and which
372	372	22 renders the purchaser's certificate void or otherwise
373	373	23 unenforceable,
374	374	24 (5.5) the owner of the homestead property had tendered
375	375	25 timely and full payment to the county collector that the
376	376	26 owner reasonably believed was due and owing on the
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387	387	1 homestead property, and the county collector did not apply
388	388	2 the payment to the homestead property; provided that this
389	389	3 provision applies only to homeowners, not their agents or
390	390	4 third-party payors,
391	391	5 (6) prior to the tax sale a voluntary or involuntary
392	392	6 petition has been filed by or against the legal or
393	393	7 beneficial owner of the property requesting relief under
394	394	8 the provisions of 11 U.S.C. Chapter 7, 11, 12, or 13,
395	395	9 (7) the property is owned by the United States, the
396	396	10 State of Illinois, a municipality, a land bank authorized
397	397	11 under the laws of this State, or a taxing district, or
398	398	12 (8) the owner of the property is a reservist or
399	399	13 guardsperson who is granted an extension of his or her due
400	400	14 date under Sections 21-15, 21-20, and 21-25 of this Act.
401	401	15 (b) When, upon application of the owner of the certificate
402	402	16 of purchase only, it appears to the satisfaction of the court
403	403	17 which ordered the property sold that any of the following
404	404	18 subsections are applicable, the court shall declare the sale
405	405	19 to be a sale in error:
406	406	20 (1) A voluntary or involuntary petition under the
407	407	21 provisions of 11 U.S.C. Chapter 7, 11, 12, or 13 has been
408	408	22 filed subsequent to the tax sale and prior to the issuance
409	409	23 of the tax deed.
410	410	24 (2) (Blank). The improvements upon the property sold
411	411	25 have been substantially destroyed or rendered
412	412	26 uninhabitable or otherwise unfit for occupancy subsequent
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423	423	1 to the tax sale and prior to the issuance of the tax deed;
424	424	2 however, if the court declares a sale in error under this
425	425	3 paragraph (2), the court may order the holder of the
426	426	4 certificate of purchase to assign the certificate to the
427	427	5 county collector if requested by the county collector. The
428	428	6 county collector may, upon request of the county, as
429	429	7 trustee, or upon request of a taxing district having an
430	430	8 interest in the taxes sold, further assign any certificate
431	431	9 of purchase received pursuant to this paragraph (2) to the
432	432	10 county acting as trustee for taxing districts pursuant to
433	433	11 Section 21-90 of this Code or to the taxing district
434	434	12 having an interest in the taxes sold.
435	435	13 (3) There is an interest held by the United States in
436	436	14 the property sold which could not be extinguished by the
437	437	15 tax deed.
438	438	16 (4) (Blank). The real property contains a hazardous
439	439	17 substance, hazardous waste, or underground storage tank
440	440	18 that would require cleanup or other removal under any
441	441	19 federal, State, or local law, ordinance, or regulation,
442	442	20 only if the tax purchaser purchased the property without
443	443	21 actual knowledge of the hazardous substance, hazardous
444	444	22 waste, or underground storage tank. This paragraph (4)
445	445	23 applies only if the owner of the certificate of purchase
446	446	24 has made application for a sale in error at any time before
447	447	25 the issuance of a tax deed. If the court declares a sale in
448	448	26 error under this paragraph (4), the court may order the
449	449
450	450
451	451
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455	455
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458	458	HB3040 - 13 - LRB103 28959 HLH 55345 b
459	459	1 holder of the certificate of purchase to assign the
460	460	2 certificate to the county collector if requested by the
461	461	3 county collector. The county collector may, upon request
462	462	4 of the county, as trustee, or upon request of a taxing
463	463	5 district having an interest in the taxes sold, further
464	464	6 assign any certificate of purchase received pursuant to
465	465	7 this paragraph (4) to the county acting as trustee for
466	466	8 taxing districts pursuant to Section 21-90 of this Code or
467	467	9 to the taxing district having an interest in the taxes
468	468	10 sold.
469	469	11 Whenever a court declares a sale in error under this
470	470	12 subsection (b), the court shall promptly notify the county
471	471	13 collector in writing. Every such declaration pursuant to any
472	472	14 provision of this subsection (b) shall be made within the
473	473	15 proceeding in which the tax sale was authorized.
474	474	16 (c) When the county collector discovers, prior to the
475	475	17 expiration of the period of redemption, that a tax sale should
476	476	18 not have occurred for one or more of the reasons set forth in
477	477	19 subdivision (a)(1), (a)(2), (a)(6), or (a)(7) of this Section,
478	478	20 the county collector shall notify the last known owner of the
479	479	21 tax certificate of purchase by certified and regular mail, or
480	480	22 other means reasonably calculated to provide actual notice,
481	481	23 that the county collector intends to declare an administrative
482	482	24 sale in error and of the reasons therefor, including
483	483	25 documentation sufficient to establish the reason why the sale
484	484	26 should not have occurred. The owner of the certificate of
485	485
486	486
487	487
488	488
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495	495	1 purchase may object in writing within 28 days after the date of
496	496	2 the mailing by the county collector. If an objection is filed,
497	497	3 the county collector shall not administratively declare a sale
498	498	4 in error, but may apply to the circuit court for a sale in
499	499	5 error as provided in subsection (a) of this Section. Thirty
500	500	6 days following the receipt of notice by the last known owner of
501	501	7 the certificate of purchase, or within a reasonable time
502	502	8 thereafter, the county collector shall make a written
503	503	9 declaration, based upon clear and convincing evidence, that
504	504	10 the taxes were sold in error and shall deliver a copy thereof
505	505	11 to the county clerk within 30 days after the date the
506	506	12 declaration is made for entry in the tax judgment, sale,
507	507	13 redemption, and forfeiture record pursuant to subsection (d)
508	508	14 of this Section. The county collector shall promptly notify
509	509	15 the last known owner of the certificate of purchase of the
510	510	16 declaration by regular mail and shall, except when the
511	511	17 certificate was issued pursuant to a no-cash bid, promptly pay
512	512	18 the amount of the tax sale, together with interest and costs as
513	513	19 provided in Section 21-315, upon surrender of the original
514	514	20 certificate of purchase.
515	515	21 (d) If a sale is declared to be a sale in error for any
516	516	22 reason set forth in this Section, the tax certificate shall be
517	517	23 forfeited to the county as trustee pursuant to Section 21-90.
518	518	24 The , the county clerk shall make entry in the tax judgment,
519	519	25 sale, redemption and forfeiture record, that the property was
520	520	26 erroneously sold and the tax certificate is forfeited to the
521	521
522	522
523	523
524	524
525	525
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527	527
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531	531	1 county pursuant to Section 21-90, and the county collector
532	532	2 shall, on demand of the owner of the certificate of purchase,
533	533	3 refund the amount paid, except for the nonrefundable $80 fee
534	534	4 paid, pursuant to Section 21-295, for each item purchased at
535	535	5 the tax sale, pay any interest and costs as may be ordered
536	536	6 under Sections 21-315 through 21-335, and cancel the
537	537	7 certificate so far as it relates to the property. The county
538	538	8 collector shall deduct from the accounts of the appropriate
539	539	9 taxing bodies their pro rata amounts paid. Alternatively, for
540	540	10 sales in error declared under subsection (b)(2) or (b)(4), the
541	541	11 county collector may request the circuit court to direct the
542	542	12 county clerk to record any assignment of the tax certificate
543	543	13 to or from the county collector without charging a fee for the
544	544	14 assignment. The owner of the certificate of purchase shall
545	545	15 receive all statutory refunds and payments. The county
546	546	16 collector shall deduct costs and payments in the same manner
547	547	17 as if a sale in error had occurred.
548	548	18 (e) The changes to this Section made by this amendatory
549	549	19 Act of the 103rd General Assembly apply to matters in which the
550	550	20 tax certificate is issued on or after the effective date of
551	551	21 this amendatory Act of the 103rd General Assembly.
552	552	22 (Source: P.A. 100-890, eff. 1-1-19; 101-379, eff. 1-1-20;
553	553	23 101-659, eff. 3-23-21.)
554	554	24 (35 ILCS 200/21-315)
555	555	25 Sec. 21-315. Refund of costs; interest on refund.
556	556
557	557
558	558
559	559
560	560
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562	562
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566	566	1 (a) If a sale in error under Section 21-310 or , 22-35, or
567	567	2 22-50 is declared, the amount refunded shall also include all
568	568	3 costs paid by the owner of the certificate of purchase or his
569	569	4 or her assignor which were posted to the tax judgment, sale,
570	570	5 redemption and forfeiture record.
571	571	6 (b) (Blank). In those cases which arise solely under
572	572	7 grounds set forth in Section 21-310, the amount refunded shall
573	573	8 also include interest on the refund of the amount paid for the
574	574	9 certificate of purchase, except as otherwise provided in this
575	575	10 Section. Interest shall be awarded and paid to the tax
576	576	11 purchaser at the rate of 1% per month from the date of sale to
577	577	12 the date of payment, or in an amount equivalent to the penalty
578	578	13 interest which would be recovered on a redemption at the time
579	579	14 of payment pursuant to the order for sale in error, whichever
580	580	15 is less. Interest shall not be paid when the sale in error is
581	581	16 made pursuant to paragraph (2) or (4) of subsection (b) of
582	582	17 Section 21-310, Section 22-35, Section 22-50, any ground not
583	583	18 enumerated in Section 21-310, or in any other case where the
584	584	19 court determines that the tax purchaser had actual knowledge
585	585	20 prior to the sale of the grounds on which the sale is declared
586	586	21 to be erroneous.
587	587	22 (c) (Blank). When the county collector files a petition
588	588	23 for sale in error under Section 21-310 and mails a notice
589	589	24 thereof by certified or registered mail to the last known
590	590	25 owner of the certificate of purchase, any interest otherwise
591	591	26 payable under this Section shall cease to accrue as of the date
592	592
593	593
594	594
595	595
596	596
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598	598
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602	602	1 the petition is filed, unless the tax purchaser agrees to an
603	603	2 order for sale in error upon the presentation of the petition
604	604	3 to the court. Notices under this subsection may be mailed to
605	605	4 the last known owner of the certificate of purchase. When the
606	606	5 owner of the certificate of purchase contests the collector's
607	607	6 petition solely to determine whether the grounds for sale in
608	608	7 error are such as to support a claim for interest, the court
609	609	8 may direct that the principal amount of the refund be paid to
610	610	9 the owner of the certificate of purchase forthwith. If the
611	611	10 court thereafter determines that a claim for interest lies
612	612	11 under this Section, it shall award such interest from the date
613	613	12 of sale to the date the principal amount was paid. If the owner
614	614	13 of the certificate of purchase files an objection to the
615	615	14 county collector's intention to declare an administrative sale
616	616	15 in error, as provided under subsection (c) of Section 21-310,
617	617	16 and, thereafter, the county collector elects to apply to the
618	618	17 circuit court for a sale in error under subsection (a) of
619	619	18 Section 21-310, then, if the circuit court grants the county
620	620	19 collector's application for a sale in error, the court may not
621	621	20 award interest to the owner of the certificate of purchase for
622	622	21 the period after the mailing date of the county collector's
623	623	22 notice of intention to declare an administrative sale in
624	624	23 error.
625	625	24 (Source: P.A. 94-662, eff. 1-1-06.)
626	626	25 (35 ILCS 200/21-320)
627	627
628	628
629	629
630	630
631	631
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633	633
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637	637	1 Sec. 21-320. Refund of other taxes paid by holder of
638	638	2 certificate of purchase. If a sale in error under Section
639	639	3 21-310 or , 22-35, or 22-50 is declared, the amount refunded
640	640	4 shall also include other taxes paid or redeemed by the owner of
641	641	5 the certificate of purchase or his or her assignor subsequent
642	642	6 to the tax sale, together with interest on those other taxes
643	643	7 under the same terms as interest is otherwise payable under
644	644	8 Section 21-315. The interest under this subsection shall be
645	645	9 calculated at the rate of 1% per month from the date the other
646	646	10 taxes were paid and not from the date of sale. The collector
647	647	11 shall take credit in settlement of his or her accounts for the
648	648	12 refund of the other taxes as in other cases of sale in error
649	649	13 under Section 21-310.
650	650	14 (Source: P.A. 92-224, eff. 1-1-02; 92-729, eff. 7-25-02.)
651	651	15 (35 ILCS 200/21-325)
652	652	16 Sec. 21-325. Payment of costs interest - Counties of
653	653	17 3,000,000 or more. In counties with 3,000,000 or more
654	654	18 inhabitants, all payments of interest or costs under Sections
655	655	19 21-315 and 21-320 and subsection (c) of Section 21-310 shall
656	656	20 be paid as provided in Sections 21-330, 21-335 and 21-340. In
657	657	21 all other counties, the county treasurer may determine in his
658	658	22 or her discretion whether payment of interest and costs shall
659	659	23 be made as provided in Sections 21-330, 21-335 and 21-340. In
660	660	24 the other counties, where the treasurer determines not to make
661	661	25 payment as provided in those subsections, the treasurer shall
662	662
663	663
664	664
665	665
666	666
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668	668
669	669
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672	672	1 pay any interest or costs under this Section pro rata from
673	673	2 those accounts where the principal refund of the tax sale
674	674	3 purchase price under Section 21-310 is taken.
675	675	4 (Source: P.A. 92-729, eff. 7-25-02.)
676	676	5 (35 ILCS 200/21-330)
677	677	6 Sec. 21-330. Fund for payment of costs interest. In all
678	678	7 counties of less than 3,000,000 inhabitants, the county board,
679	679	8 by resolution, may impose a fee for payment of interest and
680	680	9 costs. Each person purchasing any property at a sale under
681	681	10 this Code shall pay to the county collector, prior to the
682	682	11 issuance of any certificate of purchase, a fee of up to $60 for
683	683	12 each item purchased. Each person purchasing any property at a
684	684	13 sale held under this Code in a county with 3,000,000 or more
685	685	14 inhabitants shall pay to the county collector, prior to the
686	686	15 issuance of any certificate of purchase, a fee of $100 for each
687	687	16 item purchased. That amount shall be included in the price
688	688	17 paid for the certificate of purchase and the amount required
689	689	18 to redeem under Section 21-355.
690	690	19 All sums of money received under this Section shall be
691	691	20 paid by the collector to the county treasurer of the county in
692	692	21 which the property is situated for deposit into a special
693	693	22 fund. It shall be the duty of the county treasurer, as trustee
694	694	23 of the fund, to invest the principal and income of the fund
695	695	24 from time to time, if not immediately required for payments
696	696	25 under this Section, in investments as are authorized by
697	697
698	698
699	699
700	700
701	701
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703	703
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707	707	1 Sections 3-10009 and 3-11002 of the Counties Code. The fund
708	708	2 shall be held to pay interest and costs by the county treasurer
709	709	3 as trustee of the fund. No payment shall be made from the fund
710	710	4 except by order of the court declaring a sale in error under
711	711	5 Section 21-310 or , 22-35, or 22-50 or by declaration of the
712	712	6 county collector under subsection (c) of Section 21-310. Any
713	713	7 moneys accumulated in the fund by the county treasurer in
714	714	8 excess of (i) $100,000 in counties with 250,000 or less
715	715	9 inhabitants or (ii) $500,000 in counties with more than
716	716	10 250,000 inhabitants shall be paid each year prior to the
717	717	11 commencement of the annual tax sale, first to satisfy any
718	718	12 existing unpaid judgments entered pursuant to Section 21-295,
719	719	13 and any funds remaining thereafter shall be paid to the
720	720	14 general fund of the county.
721	721	15 (Source: P.A. 100-1070, eff. 1-1-19.)
722	722	16 (35 ILCS 200/21-335)
723	723	17 Sec. 21-335. Claims for interest and costs. Any person
724	724	18 claiming interest or costs under Sections 21-315 through
725	725	19 21-330 shall include the claim in his or her petition for sale
726	726	20 in error under Section 21-310 or , 22-35, or 22-50. Any claim
727	727	21 for interest or costs which is not included in the petition is
728	728	22 waived. Costs Interest or costs may be awarded, however, to
729	729	23 the extent permitted by this Section upon a sale in error
730	730	24 petition filed by the county collector or municipality or upon
731	731	25 a declaration by the county collector pursuant to subsection
732	732
733	733
734	734
735	735
736	736
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738	738
739	739
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741	741	HB3040 - 21 - LRB103 28959 HLH 55345 b
742	742	1 (c) of Section 21-310, without requiring a separate filing by
743	743	2 the claimant. Any refund of interest or costs upon the
744	744	3 petition for sale in error or upon a declaration by the county
745	745	4 collector pursuant to subsection (c) of Section 21-310 shall
746	746	5 be paid by the county treasurer as trustee of the fund created
747	747	6 by this Section. The fund shall be the sole source for payment
748	748	7 and satisfaction of orders for interest or costs, except as
749	749	8 otherwise provided in this subsection. If the court determines
750	750	9 that the fund has been depleted and will not be restored in
751	751	10 time to pay an award with reasonable promptness, the court may
752	752	11 authorize the collector to pay the costs interest portion of
753	753	12 the award pro rata from those accounts where the principal
754	754	13 refund of the tax sale purchase price under Section 21-310 is
755	755	14 taken.
756	756	15 (Source: P.A. 92-224, eff. 1-1-02; 92-729, eff. 7-25-02.)
757	757	16 (35 ILCS 200/21-350)
758	758	17 Sec. 21-350. Period of redemption. Property sold under
759	759	18 this Code may be redeemed at any time before the expiration of
760	760	19 2 years from the date of sale, except that:
761	761	20 (a) If on the date of sale the property is vacant
762	762	21 non-farm property or property containing an improvement
763	763	22 consisting of a structure or structures with 7 or more
764	764	23 residential units or that is commercial or industrial
765	765	24 property, it may be redeemed at any time before the
766	766	25 expiration of one year 6 months from the date of sale if
767	767
768	768
769	769
770	770
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773	773
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777	777	1 the property, at the time of sale, was for each of 2 or
778	778	2 more years delinquent or forfeited for all or part of the
779	779	3 general taxes due on the property.
780	780	4 (b) (Blank). If on the date of sale the property sold
781	781	5 was improved with a structure consisting of at least one
782	782	6 and not more than 6 dwelling units it may be redeemed at
783	783	7 any time on or before the expiration of 2 years and 6
784	784	8 months from the date of sale. If, however, the court that
785	785	9 ordered the property sold, upon the verified petition of
786	786	10 the holder of the certificate of purchase brought within 4
787	787	11 months from the date of sale, finds and declares that the
788	788	12 structure on the property is abandoned, then the court may
789	789	13 order that the property may be redeemed at any time on or
790	790	14 before the expiration of 2 years from the date of sale.
791	791	15 Notice of the hearing on a petition to declare the
792	792	16 property abandoned shall be given to the owner or owners
793	793	17 of the property and to the person in whose name the taxes
794	794	18 were last assessed, by certified or registered mail sent
795	795	19 to their last known addresses at least 5 days before the
796	796	20 date of the hearing.
797	797	21 (c) If the period of redemption has been extended by
798	798	22 the certificate holder as provided in Section 21-385, the
799	799	23 property may be redeemed on or before the extended
800	800	24 redemption date. The changes to this Section made by this
801	801	25 amendatory Act of the 103rd General Assembly apply to
802	802	26 matters in which the tax certificate is issued on or after
803	803
804	804
805	805
806	806
807	807
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809	809
810	810
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812	812	HB3040 - 23 - LRB103 28959 HLH 55345 b
813	813	1 the effective date of this amendatory Act of the 103rd
814	814	2 General Assembly.
815	815	3 (Source: P.A. 86-286; 86-413; 86-418; 86-949; 86-1028;
816	816	4 86-1158; 86-1481; 87-145; 87-236; 87-435; 87-895; 87-1189;
817	817	5 88-455.)
818	818	6 (35 ILCS 200/21-370)
819	819	7 Sec. 21-370. Redemption of forfeited property. Except as
820	820	8 otherwise provided in Section 21-375, any property forfeited
821	821	9 to the county state may be redeemed or sold in the following
822	822	10 manner:
823	823	11 When property has been forfeited for delinquent general
824	824	12 taxes, the person desiring to redeem shall apply to the county
825	825	13 clerk who shall order the county collector to receive from the
826	826	14 person the amount of the forfeited general taxes, statutory
827	827	15 costs, interest prior to forfeiture, printer's fees due
828	828	16 thereon and, in addition, forfeiture interest at a rate of 12%
829	829	17 per year or fraction thereof starting from the date of the
830	830	18 annual sale for the forfeited tax year, even if the
831	831	19 certificate is forfeited after that date of sale. Upon
832	832	20 presentation of the county clerk's order to the county
833	833	21 collector, the collector shall receive the amount due on
834	834	22 account of forfeited general taxes and give the person
835	835	23 duplicate receipts, setting forth a description of the
836	836	24 property and amount received. One of the receipts shall be
837	837	25 countersigned by the county clerk and, when so countersigned,
838	838
839	839
840	840
841	841
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844	844
845	845
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848	848	1 shall be evidence of the redemption of the property. The
849	849	2 receipt shall not be valid until it is countersigned by the
850	850	3 county clerk. The other receipt shall be filed by the county
851	851	4 clerk in his or her office, and the clerk shall make a proper
852	852	5 entry of the redemption of the property on the appropriate
853	853	6 books in his or her office and charge the amount of the
854	854	7 redemption to the county collector.
855	855	8 In counties with 3,000,000 or more inhabitants, when
856	856	9 property has been forfeited because of the nonpayment of
857	857	10 delinquent special assessments, the county clerk shall collect
858	858	11 from the person desiring to redeem the amount due on the
859	859	12 delinquent special assessment, together with the interest,
860	860	13 costs and penalties fixed by law, and shall issue a receipt
861	861	14 therefor setting forth a description of the property and the
862	862	15 amount received. The receipt shall be evidence of the
863	863	16 redemption of the property therein described. In addition, the
864	864	17 city comptroller or other officer designated and authorized by
865	865	18 the city council, board of trustees or other governing body of
866	866	19 any municipal corporation which levied any special assessment
867	867	20 shall have power to collect the amounts due on properties
868	868	21 which have been forfeited, and the interest and penalties due
869	869	22 thereon, based upon an estimate of the cost of redemption
870	870	23 computed by the county clerk and at a rate to be fixed by the
871	871	24 city council, board of trustees or other governing body as to
872	872	25 the interest and penalties due thereon and shall issue a
873	873	26 receipt therefor. The person receiving the receipt shall file
874	874
875	875
876	876
877	877
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884	884	1 with the county clerk the receipt of the municipal officer
885	885	2 that such special assessments and interest and penalties have
886	886	3 been paid. Upon the presentation of the receipt the county
887	887	4 clerk shall issue to the person a certificate of cancellation
888	888	5 setting forth a description of the property, the special
889	889	6 assessment warrant and installment, and the amount received by
890	890	7 the municipal officer. The certificate of cancellation shall
891	891	8 be evidence of the redemption of the property therein
892	892	9 described. The city council, board of trustees, or other
893	893	10 governing body may authorize the municipal officer to waive
894	894	11 penalties for the first year in excess of 7%. The form of the
895	895	12 receipt of redemption for filing with the county clerk shall
896	896	13 be as prescribed by law.
897	897	14 In counties with less than 3,000,000 inhabitants, when
898	898	15 property has been forfeited in whole or in part for the
899	899	16 non-payment of delinquent special assessments, the person
900	900	17 desiring to redeem shall apply to the municipal collector who
901	901	18 shall receive the amount due on the delinquent special
902	902	19 assessment, together with the interest, costs and penalties
903	903	20 fixed by law, and issue a certificate therefor. The recipient
904	904	21 shall file the certificate of the municipal collector that the
905	905	22 special assessments and the costs, interest and penalties
906	906	23 thereon have been paid with the county clerk. The municipal
907	907	24 collector's certificate of payment shall be filed by the
908	908	25 county clerk in his or her office and the clerk shall make a
909	909	26 proper entry of the redemption on the books in his or her
910	910
911	911
912	912
913	913
914	914
915	915	HB3040 - 25 - LRB103 28959 HLH 55345 b
916	916
917	917
918	918	HB3040- 26 -LRB103 28959 HLH 55345 b HB3040 - 26 - LRB103 28959 HLH 55345 b
919	919	HB3040 - 26 - LRB103 28959 HLH 55345 b
920	920	1 office.
921	921	2 The changes to this Section made by this amendatory Act of
922	922	3 the 103rd General Assembly apply to matters in which the tax
923	923	4 certificate is issued on or after the effective date of this
924	924	5 amendatory Act of the 103rd General Assembly.
925	925	6 (Source: P.A. 87-669; 88-455.)
926	926	7 (35 ILCS 200/21-385)
927	927	8 Sec. 21-385. Extension of period of redemption.
928	928	9 (a) For any tax certificates held by a county pursuant to
929	929	10 Section 21-90, the redemption period for each tax certificate
930	930	11 shall be extended by operation of law until the date
931	931	12 established by the county as the redemption deadline in a
932	932	13 petition for tax deed filed under Section 22-30. The
933	933	14 redemption deadline established in the petition shall be
934	934	15 identified in the notices provided under Section 22-10 and
935	935	16 Section 22-25 of this Code. After a redemption deadline is
936	936	17 established in the petition for tax deed, the county may
937	937	18 further extend the redemption deadline by filing with the
938	938	19 county clerk of the county in which the property is located a
939	939	20 written notice to that effect describing the property,
940	940	21 identifying the certificate number and specifying the extended
941	941	22 period of redemption. Notwithstanding any expiration of a
942	942	23 prior redemption period, all tax certificates forfeited to the
943	943	24 county and held pursuant to Section 21-90 remain enforceable
944	944	25 by the county or its assignee and redemption is extended by
945	945
946	946
947	947
948	948
949	949
950	950	HB3040 - 26 - LRB103 28959 HLH 55345 b
951	951
952	952
953	953	HB3040- 27 -LRB103 28959 HLH 55345 b HB3040 - 27 - LRB103 28959 HLH 55345 b
954	954	HB3040 - 27 - LRB103 28959 HLH 55345 b
955	955	1 operation of law until the date established by the county as
956	956	2 the redemption deadline in a petition for tax deed filed under
957	957	3 Section 22-30.
958	958	4 (b) Within 60 days after the date of assignment, assignees
959	959	5 of forfeited certificates under Section 21-90 or 21-145 of
960	960	6 this Code must file with the county clerk of the county in
961	961	7 which the property is located a written notice describing the
962	962	8 property, stating the date of the assignment, identifying the
963	963	9 certificate number and specifying a deadline for redemption
964	964	10 that is not later than 3 years from the date of assignment.
965	965	11 Upon receiving the notice, the county clerk shall stamp the
966	966	12 date of receipt upon the notice. If the notice is submitted as
967	967	13 an electronic record, the county clerk shall acknowledge
968	968	14 receipt of the record and shall provide confirmation in the
969	969	15 same manner to the certificate holder. The confirmation from
970	970	16 the county clerk shall include the date of receipt and shall
971	971	17 serve as proof that the notice was filed with the county clerk.
972	972	18 A county clerk may not permit an assignee of forfeited
973	973	19 certificates under Section 21-90 or 21-145 to extend the
974	974	20 period of redemption beyond three 3 from the date of
975	975	21 assignment. If the redemption period expires and no petition
976	976	22 for tax deed has been filed under Section 22-30, the assigned
977	977	23 tax certificate is forfeited to and held by the county
978	978	24 pursuant to Section 21-90.
979	979	25 (c) The purchaser or his or her assignee of property sold
980	980	26 for nonpayment of general taxes or special assessments at an
981	981
982	982
983	983
984	984
985	985
986	986	HB3040 - 27 - LRB103 28959 HLH 55345 b
987	987
988	988
989	989	HB3040- 28 -LRB103 28959 HLH 55345 b HB3040 - 28 - LRB103 28959 HLH 55345 b
990	990	HB3040 - 28 - LRB103 28959 HLH 55345 b
991	991	1 annual sale, other than the county as trustee pursuant to
992	992	2 Section 21-90, may extend the period of redemption at any time
993	993	3 before the expiration of the original period of redemption, or
994	994	4 thereafter prior to the expiration of any extended period of
995	995	5 redemption, for a period which will expire not later than 3
996	996	6 years from the date of sale, by filing with the county clerk of
997	997	7 the county in which the property is located a written notice to
998	998	8 that effect describing the property, stating the date of the
999	999	9 sale and specifying the extended period of redemption. Upon
1000	1000	10 receiving the notice, the county clerk shall stamp the date of
1001	1001	11 receipt upon the notice. If the notice is submitted as an
1002	1002	12 electronic record, the county clerk shall acknowledge receipt
1003	1003	13 of the record and shall provide confirmation in the same
1004	1004	14 manner to the certificate holder. The confirmation from the
1005	1005	15 county clerk shall include the date of receipt and shall serve
1006	1006	16 as proof that the notice was filed with the county clerk. The
1007	1007	17 county clerk shall not be required to extend the period of
1008	1008	18 redemption unless the purchaser or his or her assignee obtains
1009	1009	19 this acknowledgement of delivery. If prior to the expiration
1010	1010	20 of the period of redemption or extended period of redemption a
1011	1011	21 petition for tax deed has been filed under Section 22-30, upon
1012	1012	22 application of the petitioner, the court shall allow the
1013	1013	23 purchaser or his or her assignee to extend the period of
1014	1014	24 redemption after expiration of the original period or any
1015	1015	25 extended period of redemption, provided that any extension
1016	1016	26 allowed will expire not later than 3 years from the date of
1017	1017
1018	1018
1019	1019
1020	1020
1021	1021
1022	1022	HB3040 - 28 - LRB103 28959 HLH 55345 b
1023	1023
1024	1024
1025	1025	HB3040- 29 -LRB103 28959 HLH 55345 b HB3040 - 29 - LRB103 28959 HLH 55345 b
1026	1026	HB3040 - 29 - LRB103 28959 HLH 55345 b
1027	1027	1 sale, unless the certificate has been assigned to the county
1028	1028	2 collector by order of the court which ordered the property
1029	1029	3 sold, in which case the period of redemption shall be extended
1030	1030	4 for such period as may be designated by the holder of the
1031	1031	5 certificate, such period not to exceed 36 months from the date
1032	1032	6 of the assignment to the collector. If the period of
1033	1033	7 redemption is extended, the purchaser or his or her assignee
1034	1034	8 must give the notices provided for in Section 22-10 at the
1035	1035	9 specified times prior to the expiration of the extended period
1036	1036	10 of redemption by causing a sheriff (or if he or she is
1037	1037	11 disqualified, a coroner) of the county in which the property,
1038	1038	12 or any part thereof, is located to serve the notices as
1039	1039	13 provided in Sections 22-15 and 22-20. The notices may also be
1040	1040	14 served as provided in Sections 22-15 and 22-20 by a special
1041	1041	15 process server appointed by the court under Section 22-15.
1042	1042	16 The changes to this Section made by this amendatory Act of
1043	1043	17 the 103rd General Assembly apply to matters in which the tax
1044	1044	18 certificate is issued on or after the effective date of this
1045	1045	19 amendatory Act of the 103rd General Assembly.
1046	1046	20 (Source: P.A. 100-890, eff. 1-1-19; 100-975, eff. 8-19-18;
1047	1047	21 101-81, eff. 7-12-19.)
1048	1048	22 (35 ILCS 200/21-400)
1049	1049	23 Sec. 21-400. Special assessments withdrawn or forfeited.
1050	1050	24 In counties with 3,000,000 or more inhabitants, the county
1051	1051	25 clerk, upon request of the city comptroller or other municipal
1052	1052
1053	1053
1054	1054
1055	1055
1056	1056
1057	1057	HB3040 - 29 - LRB103 28959 HLH 55345 b
1058	1058
1059	1059
1060	1060	HB3040- 30 -LRB103 28959 HLH 55345 b HB3040 - 30 - LRB103 28959 HLH 55345 b
1061	1061	HB3040 - 30 - LRB103 28959 HLH 55345 b
1062	1062	1 officer authorized by the city council or board of trustees of
1063	1063	2 any city, village or incorporated town to make such request,
1064	1064	3 shall issue to the city, village or incorporated town, a
1065	1065	4 certificate of withdrawal or forfeiture countersigned by the
1066	1066	5 county collector for each property withdrawn or forfeited for
1067	1067	6 non-payment of any special assessment. The certificate of
1068	1068	7 withdrawal or forfeiture shall describe the property withdrawn
1069	1069	8 or forfeited, the date of the withdrawal or forfeiture, and
1070	1070	9 the amount of the special assessment, interest and costs.
1071	1071	10 (Source: P.A. 76-2254; 88-455.)
1072	1072	11 (35 ILCS 200/21-430)
1073	1073	12 Sec. 21-430. Partial settlement. In the event an owner or
1074	1074	13 party interested requests to make settlement on a part of the
1075	1075	14 property sold to a municipality, withdrawn from collection or
1076	1076	15 forfeited to the county State for the non-payment of special
1077	1077	16 assessments, the municipal officer is hereby authorized to
1078	1078	17 accept the pro rata amount of any or all installments of the
1079	1079	18 special assessment. That amount shall be computed by the board
1080	1080	19 of local improvements, or other board or officer levying the
1081	1081	20 special assessment, together with interest, costs and
1082	1082	21 penalties as provided by law.
1083	1083	22 A petition containing the computation shall then be
1084	1084	23 presented by the municipality to the court wherein the
1085	1085	24 original assessment was confirmed. The petition shall bear the
1086	1086	25 same number and title as the original proceeding. At least 10
1087	1087
1088	1088
1089	1089
1090	1090
1091	1091
1092	1092	HB3040 - 30 - LRB103 28959 HLH 55345 b
1093	1093
1094	1094
1095	1095	HB3040- 31 -LRB103 28959 HLH 55345 b HB3040 - 31 - LRB103 28959 HLH 55345 b
1096	1096	HB3040 - 31 - LRB103 28959 HLH 55345 b
1097	1097	1 days before the date set for the hearing of the petition,
1098	1098	2 notices shall be sent by mail, postpaid, to each of the persons
1099	1099	3 who last paid the general taxes on the property originally
1100	1100	4 assessed. The notices shall contain the description of the
1101	1101	5 property as originally assessed, as it is to be divided, and
1102	1102	6 the division of the original assessment, or installments
1103	1103	7 thereof, together with interest, costs and penalties, showing
1104	1104	8 the amount to be charged against each part of the property of
1105	1105	9 land so divided, the date when the petition is to be heard, and
1106	1106	10 the date when objections thereto may be filed.
1107	1107	11 An affidavit by one of the members of the board of local
1108	1108	12 improvements, or other board or officer computing the
1109	1109	13 division, attesting to the mailing is prima facie evidence of
1110	1110	14 a compliance with this Section. The court shall proceed to
1111	1111	15 determine a fair and equitable division of the assessment, or
1112	1112	16 any installment thereof, together with all interest, penalties
1113	1113	17 and costs. The court shall order the cancellation of the
1114	1114	18 certificate of sale, withdrawal or forfeiture on any part of
1115	1115	19 the property if settlement is made within 10 days from the date
1116	1116	20 of the court's order.
1117	1117	21 The county clerk may note on the certificate the partial
1118	1118	22 cancellation and shall issue a certificate of cancellation on
1119	1119	23 that part of the property and return the certificate to the
1120	1120	24 municipality. Where a certificate of forfeiture or withdrawal
1121	1121	25 has not been issued, the county clerk may accept the Receipt of
1122	1122	26 Deposit for Redemption, issued by the municipal officer, as
1123	1123
1124	1124
1125	1125
1126	1126
1127	1127
1128	1128	HB3040 - 31 - LRB103 28959 HLH 55345 b
1129	1129
1130	1130
1131	1131	HB3040- 32 -LRB103 28959 HLH 55345 b HB3040 - 32 - LRB103 28959 HLH 55345 b
1132	1132	HB3040 - 32 - LRB103 28959 HLH 55345 b
1133	1133	1 provided by law, and the clerk shall issue a certificate of
1134	1134	2 cancellation on that part of the property. He or she shall make
1135	1135	3 proper entry on his or her records showing the part of the
1136	1136	4 property on which settlement has been made and the amount due
1137	1137	5 on the balance.
1138	1138	6 (Source: P.A. 83-358; 88-455.)
1139	1139	7 (35 ILCS 200/22-5)
1140	1140	8 Sec. 22-5. Notice of sale and redemption rights. In order
1141	1141	9 to be entitled to a tax deed, within 4 months and 15 days after
1142	1142	10 any sale held under this Code, the purchaser or his or her
1143	1143	11 assignee, and the county for all forfeited certificates from
1144	1144	12 the annual sale, shall deliver to the county clerk a notice to
1145	1145	13 be given to the party in whose name the taxes are last assessed
1146	1146	14 as shown by the most recent tax collector's warrant books, in
1147	1147	15 at least 10 point type in the following form completely filled
1148	1148	16 in:
1149	1149	17 [Start of Notice]
1150	1150	18 TAKE NOTICE
1151	1151	19 County of ...............................................
1152	1152	20 Date Premises Sold or Forfeited ..........................
1153	1153	21 Certificate No. .........................................
1154	1154	22 Sold for General Taxes of (year) ........................
1155	1155	23 Sold for Special Assessment of (Municipality)
1156	1156	24 and special assessment number ...........................
1157	1157	25 Warrant No. ............... Inst. No. .................
1158	1158
1159	1159
1160	1160
1161	1161
1162	1162
1163	1163	HB3040 - 32 - LRB103 28959 HLH 55345 b
1164	1164
1165	1165
1166	1166	HB3040- 33 -LRB103 28959 HLH 55345 b HB3040 - 33 - LRB103 28959 HLH 55345 b
1167	1167	HB3040 - 33 - LRB103 28959 HLH 55345 b
1168	1168	1 THIS PROPERTY HAS BEEN SOLD FOR
1169	1169	2 DELINQUENT TAXES
1170	1170	3 Property Address (as identified on the most recent tax bill,
1171	1171	4 if available) Property located at .
1172	1172	5 Legal Description or Property Index No. .....................
1173	1173	6 .............................................................
1174	1174	7 .............................................................
1175	1175	8 This notice is to advise you that the above property has
1176	1176	9 been sold for delinquent taxes and that the period of
1177	1177	10 redemption from the sale will expire on
1178	1178	11 This notice is also to advise you that a petition may will
1179	1179	12 be filed for a tax deed which will transfer title and the right
1180	1180	13 to possession of the above-referenced this property
1181	1181	14 ("Property") if redemption is not made on or before the
1182	1182	15 redemption deadline ......................................
1183	1183	16 At the date of this notice the total amount which you must
1184	1184	17 pay in order to redeem the above property is
1185	1185	18 To determine the redemption deadline and the total amount
1186	1186	19 you must pay to redeem the sold taxes, you must immediately
1187	1187	20 contact the County Clerk at the address and phone number
1188	1188	21 below. The redemption amount is subject to increase at 6-month
1189	1189	22 intervals from the date of sale. The interest rate and penalty
1190	1190	23 rate applied to your delinquent tax debt is subject to change
1191	1191	24 if the certificate or tax lien is forfeited to the county prior
1192	1192	25 to redemption. Check with the County Clerk for the exact
1193	1193	26 amount you owe before redeeming. Payment must be made by
1194	1194
1195	1195
1196	1196
1197	1197
1198	1198
1199	1199	HB3040 - 33 - LRB103 28959 HLH 55345 b
1200	1200
1201	1201
1202	1202	HB3040- 34 -LRB103 28959 HLH 55345 b HB3040 - 34 - LRB103 28959 HLH 55345 b
1203	1203	HB3040 - 34 - LRB103 28959 HLH 55345 b
1204	1204	1 certified check, cashier's check, money order, or in cash to
1205	1205	2 the County Clerk.
1206	1206	3 YOU ARE URGED TO REDEEM IMMEDIATELY TO
1207	1207	4 PREVENT LOSS OF PROPERTY
1208	1208	5 Property sold under the Property Tax Code may be redeemed
1209	1209	6 by any owner or person holding an interest in the Property at
1210	1210	7 any time before the following deadlines (based on property
1211	1211	8 classification as of the date of sale):
1212	1212	9 (1) You must redeem your taxes within 1 year of the
1213	1213	10 date of sale for the following classifications:
1214	1214	11 (a) vacant non-farm property;
1215	1215	12 (b) property containing an improvement consisting
1216	1216	13 of a structure or structures with 7 or more
1217	1217	14 residential units; or
1218	1218	15 (c) commercial or industrial property.
1219	1219	16 (2) You must redeem your taxes within 2 years of the
1220	1220	17 date of sale for the following classifications:
1221	1221	18 (a) all residential property with less than 6
1222	1222	19 units; or
1223	1223	20 (b) all other property.
1224	1224	21 Redemption deadlines may have been extended by the
1225	1225	22 certificate holder or pursuant to Illinois law. To confirm the
1226	1226	23 redemption deadline, you must contact the County Clerk at the
1227	1227	24 address and telephone number below. Redemption can be made at
1228	1228	25 any time on or before .... by applying to the County Clerk of
1229	1229	26 .... County, Illinois at the Office of the County Clerk in..,
1230	1230
1231	1231
1232	1232
1233	1233
1234	1234
1235	1235	HB3040 - 34 - LRB103 28959 HLH 55345 b
1236	1236
1237	1237
1238	1238	HB3040- 35 -LRB103 28959 HLH 55345 b HB3040 - 35 - LRB103 28959 HLH 55345 b
1239	1239	HB3040 - 35 - LRB103 28959 HLH 55345 b
1240	1240	1 ...., Illinois. The address and telephone number for the
1241	1241	2 County Clerk are as follows:.
1242	1242	3 The above amount is subject to increase at 6 month
1243	1243	4 intervals from the date of sale. Check with the county clerk as
1244	1244	5 to the exact amount you owe before redeeming. Payment must be
1245	1245	6 made by certified check, cashier's check, money order, or in
1246	1246	7 cash.
1247	1247	8 For further information contact the County Clerk
1248	1248	9 ADDRESS:............................
1249	1249	10 TELEPHONE:..........................
1250	1250	11 For further information about the redemption deadline,
1251	1251	12 redemption amount, or payment process, please contact the
1252	1252	13 County Clerk.
1253	1253	14 ...............................
1254	1254	15 Purchaser or Assignee
1255	1255	16 Dated (insert date).
1256	1256	17 [End of Notice]
1257	1257	18 Within 10 days after receipt of said notice, the county
1258	1258	19 clerk shall mail to the addresses supplied by the purchaser or
1259	1259	20 assignee, by registered or certified mail, copies of said
1260	1260	21 notice to the party in whose name the taxes are last assessed
1261	1261	22 as shown by the most recent tax collector's warrant books.
1262	1262	23 With the exception of a county or taxing district acquiring
1263	1263	24 certificates pursuant to Section 21-90 and 21-260, all
1264	1264
1265	1265
1266	1266
1267	1267
1268	1268
1269	1269	HB3040 - 35 - LRB103 28959 HLH 55345 b
1270	1270
1271	1271	...............................
1272	1272
1273	1273	Purchaser or Assignee
1274	1274
1275	1275
1276	1276
1277	1277	Dated (insert date).
1278	1278
1279	1279
1280	1280
1281	1281
1282	1282	HB3040- 36 -LRB103 28959 HLH 55345 b HB3040 - 36 - LRB103 28959 HLH 55345 b
1283	1283	HB3040 - 36 - LRB103 28959 HLH 55345 b
1284	1284	1 purchasers or assignees shall pay to the clerk postage plus
1285	1285	2 the sum of $50 for a tax deed $10. The clerk shall write or
1286	1286	3 stamp the date of receiving the notices upon the copies of the
1287	1287	4 notices, and retain one copy.
1288	1288	5 All redemption periods begin on the date of sale, unless
1289	1289	6 the notice under this Section is not mailed within the time
1290	1290	7 frame set forth in this Section. The certificate holder or
1291	1291	8 assignee may cure any defect in a notice, or failure to send a
1292	1292	9 notice as required by this Section, by delivering to the
1293	1293	10 county clerk a notice to be given to the party in whose name
1294	1294	11 the taxes are last assessed as shown by the most recent tax
1295	1295	12 collector's warrant books and extending the redemption
1296	1296	13 deadline to commence on the date of the corrected notice was
1297	1297	14 delivered to the clerk, if the extension is otherwise
1298	1298	15 permitted by law. Notwithstanding any provision to the
1299	1299	16 contrary, tax certificate purchasers and assignees may not
1300	1300	17 send a corrected notice if the new redemption period exceeds
1301	1301	18 the 3-year limit provided in section or fails to provide the
1302	1302	19 minimum redemption period required in this Code.
1303	1303	20 The changes to this Section made by this amendatory Act of
1304	1304	21 the 97th General Assembly apply only to tax sales that occur on
1305	1305	22 or after the effective date of this amendatory Act of the 97th
1306	1306	23 General Assembly.
1307	1307	24 The changes to this Section made by this amendatory Act of
1308	1308	25 the 103rd General Assembly apply to matters in which the tax
1309	1309	26 certificate is issued on or after the effective date of this
1310	1310
1311	1311
1312	1312
1313	1313
1314	1314
1315	1315	HB3040 - 36 - LRB103 28959 HLH 55345 b
1316	1316
1317	1317
1318	1318	HB3040- 37 -LRB103 28959 HLH 55345 b HB3040 - 37 - LRB103 28959 HLH 55345 b
1319	1319	HB3040 - 37 - LRB103 28959 HLH 55345 b
1320	1320	1 amendatory Act of the 103rd General Assembly.
1321	1321	2 (Source: P.A. 102-815, eff. 5-13-22.)
1322	1322	3 (35 ILCS 200/22-10)
1323	1323	4 Sec. 22-10. Notice of expiration of period of redemption.
1324	1324	5 A purchaser or assignee shall not be entitled to a tax deed to
1325	1325	6 the property sold unless, not less than 3 months nor more than
1326	1326	7 6 months prior to the expiration of the period of redemption,
1327	1327	8 he or she gives notice of the sale and the date of expiration
1328	1328	9 of the period of redemption to the owners, occupants, and
1329	1329	10 parties interested in the property, including any mortgagee of
1330	1330	11 record, as provided below. For counties or taxing districts
1331	1331	12 holding certificates pursuant to Section 21-90, the date of
1332	1332	13 expiration of the period of redemption will be designated by
1333	1333	14 the county or taxing district in its petition for tax deed and
1334	1334	15 identified in the notice below, which shall be filed with the
1335	1335	16 county clerk. the
1336	1336	17 The Notice to be given to the parties shall be in at least
1337	1337	18 10-point 10 point type in the following form completely filled
1338	1338	19 in:
1339	1339	20 TAX DEED NO. .................... FILED ....................
1340	1340	21 TAKE NOTICE
1341	1341	22 County of ...............................................
1342	1342	23 Date Premises Sold ......................................
1343	1343	24 Certificate No. ........................................
1344	1344	25 Sold for General Taxes of (year) ........................
1345	1345
1346	1346
1347	1347
1348	1348
1349	1349
1350	1350	HB3040 - 37 - LRB103 28959 HLH 55345 b
1351	1351
1352	1352
1353	1353	HB3040- 38 -LRB103 28959 HLH 55345 b HB3040 - 38 - LRB103 28959 HLH 55345 b
1354	1354	HB3040 - 38 - LRB103 28959 HLH 55345 b
1355	1355	1 Sold for Special Assessment of (Municipality)
1356	1356	2 and special assessment number ...........................
1357	1357	3 Warrant No. ................ Inst. No. .................
1358	1358	4 THIS PROPERTY HAS BEEN SOLD FOR
1359	1359	5 DELINQUENT TAXES
1360	1360	6 Property Address (as identified on the most recent tax bill,
1361	1361	7 if available): Property located at
1362	1362	8 Legal Description or Property Index No. .....................
1363	1363	9 .............................................................
1364	1364	10 .............................................................
1365	1365	11 This notice is to advise you that the above property has
1366	1366	12 been sold for delinquent taxes and that the period of
1367	1367	13 redemption from the sale will expire on .....................
1368	1368	14 .............................................................
1369	1369	15 The amount to redeem is subject to increase at 6 month
1370	1370	16 intervals from the date of sale and may be further increased if
1371	1371	17 the purchaser at the tax sale or his or her assignee pays any
1372	1372	18 subsequently accruing taxes or special assessments to redeem
1373	1373	19 the property from subsequent forfeitures or tax sales. Check
1374	1374	20 with the county clerk as to the exact amount you owe before
1375	1375	21 redeeming.
1376	1376	22 This notice is also to advise you that a petition has been
1377	1377	23 filed for a tax deed which will transfer title and the right to
1378	1378	24 possession of this property if redemption is not made on or
1379	1379	25 before ......................................................
1380	1380	26 This matter is set for hearing in the Circuit Court of this
1381	1381
1382	1382
1383	1383
1384	1384
1385	1385
1386	1386	HB3040 - 38 - LRB103 28959 HLH 55345 b
1387	1387
1388	1388
1389	1389	HB3040- 39 -LRB103 28959 HLH 55345 b HB3040 - 39 - LRB103 28959 HLH 55345 b
1390	1390	HB3040 - 39 - LRB103 28959 HLH 55345 b
1391	1391	1 county in ...., Illinois on .....
1392	1392	2 You may be present at this hearing but your right to redeem
1393	1393	3 will already have expired at that time.
1394	1394	4 YOU ARE URGED TO REDEEM IMMEDIATELY
1395	1395	5 TO PREVENT LOSS OF PROPERTY
1396	1396	6 Redemption can be made at any time on or before .... by
1397	1397	7 applying to the County Clerk of ...., County, Illinois at the
1398	1398	8 Office of the County Clerk in ...., Illinois.
1399	1399	9 For further information contact the County Clerk
1400	1400	10 ADDRESS:....................
1401	1401	11 TELEPHONE:..................
1402	1402	12 ..........................
1403	1403	13 Purchaser, or Assignee, or Certificate Holder.
1404	1404	14 Dated (insert date).
1405	1405	15 In counties with 3,000,000 or more inhabitants, the notice
1406	1406	16 shall also state the address, room number, and time at which
1407	1407	17 the matter is set for hearing.
1408	1408	18 The changes to this Section made by Public Act 97-557
1409	1409	19 apply only to matters in which a petition for tax deed is filed
1410	1410	20 on or after July 1, 2012 (the effective date of Public Act
1411	1411	21 97-557).
1412	1412	22 The changes to this Section made by Public Act 102-1003
1413	1413	23 this amendatory Act of the 102nd General Assembly apply to
1414	1414	24 matters in which a petition for tax deed is filed on or after
1415	1415
1416	1416
1417	1417
1418	1418
1419	1419
1420	1420	HB3040 - 39 - LRB103 28959 HLH 55345 b
1421	1421
1422	1422	..........................
1423	1423
1424	1424	Purchaser
1425	1425
1426	1426	,
1427	1427
1428	1428
1429	1429
1430	1430	or
1431	1431
1432	1432	Assignee
1433	1433
1434	1434	, or Certificate Holder
1435	1435
1436	1436	.
1437	1437
1438	1438	Dated (insert date).
1439	1439
1440	1440
1441	1441	HB3040- 40 -LRB103 28959 HLH 55345 b HB3040 - 40 - LRB103 28959 HLH 55345 b
1442	1442	HB3040 - 40 - LRB103 28959 HLH 55345 b
1443	1443	1 May 27, 2022 (the effective date of Public Act 102-1003) this
1444	1444	2 amendatory Act of the 102nd General Assembly. Failure of any
1445	1445	3 party or any public official to comply with the changes made to
1446	1446	4 this Section by Public Act 102-528 does not invalidate any tax
1447	1447	5 deed issued prior to May 27, 2022 (the effective date of Public
1448	1448	6 Act 102-1003) this amendatory Act of the 102nd General
1449	1449	7 Assembly.
1450	1450	8 The changes to this Section made by this amendatory Act of
1451	1451	9 the 103rd General Assembly apply to matters in which the tax
1452	1452	10 certificate is issued on or after the effective date of this
1453	1453	11 amendatory Act of the 103rd General Assembly.
1454	1454	12 (Source: P.A. 102-528, eff. 1-1-22; 102-813, eff. 5-13-22;
1455	1455	13 102-1003, eff. 5-27-22; revised 9-1-22.)
1456	1456	14 (35 ILCS 200/22-25)
1457	1457	15 Sec. 22-25. Mailed notice. In addition to the notice
1458	1458	16 required to be served not less than 3 months one month nor more
1459	1459	17 than 6 months prior to the expiration of the period of
1460	1460	18 redemption, the purchaser or his or her assignee shall prepare
1461	1461	19 and deliver to the clerk of the Circuit Court of the county in
1462	1462	20 which the property is located, not more than 6 months and not
1463	1463	21 less than 3 months 111 days prior to the expiration of the
1464	1464	22 period of redemption, the notice provided for in this Section,
1465	1465	23 together with the statutory costs for mailing the notice by
1466	1466	24 certified mail, return receipt requested. The form of notice
1467	1467	25 to be mailed by the clerk shall be identical in form to that
1468	1468
1469	1469
1470	1470
1471	1471
1472	1472
1473	1473	HB3040 - 40 - LRB103 28959 HLH 55345 b
1474	1474
1475	1475
1476	1476	HB3040- 41 -LRB103 28959 HLH 55345 b HB3040 - 41 - LRB103 28959 HLH 55345 b
1477	1477	HB3040 - 41 - LRB103 28959 HLH 55345 b
1478	1478	1 provided by Section 22-10 for service upon owners residing
1479	1479	2 upon the property sold, except that it shall bear the
1480	1480	3 signature of the clerk instead of the name of the purchaser or
1481	1481	4 assignee and shall designate the parties to whom it is to be
1482	1482	5 mailed. The clerk may furnish the form. The clerk shall mail
1483	1483	6 the notices delivered to him or her by certified mail, return
1484	1484	7 receipt requested, not less than 3 months prior to the
1485	1485	8 expiration of the period of redemption. The certificate of the
1486	1486	9 clerk that he or she has mailed the notices, together with the
1487	1487	10 return receipts, shall be filed in and made a part of the court
1488	1488	11 record. The notices shall be mailed to the owners of the
1489	1489	12 property at their last known addresses, and to those persons
1490	1490	13 who are entitled to service of notice as occupants.
1491	1491	14 The changes to this Section made by Public Act 97-557 this
1492	1492	15 amendatory Act of the 97th General Assembly shall be construed
1493	1493	16 as being declaratory of existing law and not as a new
1494	1494	17 enactment.
1495	1495	18 The changes to this Section made by Public Act 102-1003
1496	1496	19 this amendatory Act of the 102nd General Assembly apply to
1497	1497	20 matters in which a petition for tax deed is filed on or after
1498	1498	21 May 27, 2022 (the effective date of Public Act 102-1003) this
1499	1499	22 amendatory Act of the 102nd General Assembly. Failure of any
1500	1500	23 party or any public official to comply with the changes made to
1501	1501	24 this Section by Public Act 102-528 does not invalidate any tax
1502	1502	25 deed issued prior to May 27, 2022 (the effective date of Public
1503	1503	26 Act 102-1003) this amendatory Act of the 102nd General
1504	1504
1505	1505
1506	1506
1507	1507
1508	1508
1509	1509	HB3040 - 41 - LRB103 28959 HLH 55345 b
1510	1510
1511	1511
1512	1512	HB3040- 42 -LRB103 28959 HLH 55345 b HB3040 - 42 - LRB103 28959 HLH 55345 b
1513	1513	HB3040 - 42 - LRB103 28959 HLH 55345 b
1514	1514	1 Assembly.
1515	1515	2 (Source: P.A. 102-528, eff. 1-1-22; 102-815, eff. 5-13-22;
1516	1516	3 102-1003, eff. 5-27-22; revised 8-12-22.)
1517	1517	4 (35 ILCS 200/22-30)
1518	1518	5 Sec. 22-30. Petition for deed. At any time within 6 months
1519	1519	6 but not less than 3 months prior to the expiration of the
1520	1520	7 redemption period for property sold pursuant to judgment and
1521	1521	8 order of sale under Sections 21-110 through 21-120 or 21-260
1522	1522	9 or otherwise acquired by the county pursuant to section 21-90,
1523	1523	10 the purchaser, or his or her assignee, or agent, pursuant to
1524	1524	11 Section 21-90, may file a petition in the circuit court in the
1525	1525	12 same proceeding in which the judgment and order of sale were
1526	1526	13 entered, asking that the court direct the county clerk to
1527	1527	14 issue a tax deed if the property is not redeemed from the sale.
1528	1528	15 The petition shall be accompanied by the statutory filing fee.
1529	1529	16 Notice of filing the petition and for redemption, after
1530	1530	17 the date on which the petitioner intends to apply for an order
1531	1531	18 to issue a tax on the petition that a deed be issued if the
1532	1532	19 taxes are not property is not redeemed shall be given to
1533	1533	20 occupants, owners and persons interested in the property as
1534	1534	21 part of the notice provided in Sections 22-10 through 22-25,
1535	1535	22 except that only one publication is required. The county clerk
1536	1536	23 shall be notified of the filing of the petition and any person
1537	1537	24 owning or interested in the property may, if he or she desires,
1538	1538	25 appear in the proceeding.
1539	1539
1540	1540
1541	1541
1542	1542
1543	1543
1544	1544	HB3040 - 42 - LRB103 28959 HLH 55345 b
1545	1545
1546	1546
1547	1547	HB3040- 43 -LRB103 28959 HLH 55345 b HB3040 - 43 - LRB103 28959 HLH 55345 b
1548	1548	HB3040 - 43 - LRB103 28959 HLH 55345 b
1549	1549	1 The changes to this Section made by this amendatory Act of
1550	1550	2 the 95th General Assembly apply only to matters in which a
1551	1551	3 petition for tax deed is filed on or after the effective date
1552	1552	4 of this amendatory Act of the 95th General Assembly.
1553	1553	5 (Source: P.A. 95-477, eff. 6-1-08.)
1554	1554	6 (35 ILCS 200/22-35)
1555	1555	7 Sec. 22-35. Reimbursement of a county or municipality
1556	1556	8 before issuance of tax deed. Except in any proceeding in which
1557	1557	9 the tax purchaser is a county acting as a trustee for taxing
1558	1558	10 districts as provided in Section 21-90, an order for the
1559	1559	11 issuance of a tax deed under this Code shall not be entered
1560	1560	12 affecting the title to or interest in any property in which a
1561	1561	13 county, city, village or incorporated town has an interest
1562	1562	14 under the police and welfare power by advancements made from
1563	1563	15 public funds, until the purchaser or assignee makes
1564	1564	16 reimbursement to the county, city, village or incorporated
1565	1565	17 town of the money so advanced or the county, city, village, or
1566	1566	18 town waives its lien on the property for the money so advanced.
1567	1567	19 In However, in lieu of reimbursing the county, city, village
1568	1568	20 or town for any advancement of money that have not been waived
1569	1569	21 reimbursement or waiver, the purchaser or his or her assignee
1570	1570	22 may make application for and the court shall order that the tax
1571	1571	23 purchase be set aside as a sale in error. A sale in error may
1572	1572	24 not be granted under this Section if the lien has been
1573	1573	25 released, satisfied, discharged, or waived. A filing or
1574	1574
1575	1575
1576	1576
1577	1577
1578	1578
1579	1579	HB3040 - 43 - LRB103 28959 HLH 55345 b
1580	1580
1581	1581
1582	1582	HB3040- 44 -LRB103 28959 HLH 55345 b HB3040 - 44 - LRB103 28959 HLH 55345 b
1583	1583	HB3040 - 44 - LRB103 28959 HLH 55345 b
1584	1584	1 appearance fee shall not be required of a county, city,
1585	1585	2 village or incorporated town seeking to enforce its claim
1586	1586	3 under this Section in a tax deed proceeding.
1587	1587	4 (Source: P.A. 101-379, eff. 1-1-20.)
1588	1588	5 (35 ILCS 200/22-40)
1589	1589	6 Sec. 22-40. Issuance of deed; possession.
1590	1590	7 (a) To obtain an order for issuance of tax deed, a
1591	1591	8 petitioner must provide sufficient evidence that: If the
1592	1592	9 (1) the redemption period expires and the property has
1593	1593	10 not been redeemed; and
1594	1594	11 (2) all taxes and special assessments which became due
1595	1595	12 and payable subsequent to the sale have been paid, unless
1596	1596	13 the county or its agent, as trustee pursuant to Section
1597	1597	14 21-90, is the petitioner; and
1598	1598	15 (3) all other forfeitures and sales that are subject
1599	1599	16 to a pending tax petition by the county or its assignee,
1600	1600	17 pursuant to section 21-90, which occur subsequent to the
1601	1601	18 sale have been redeemed; and
1602	1602	19 (4) the notices required by law have been given and
1603	1603	20 all advancements of public funds under the police power
1604	1604	21 made by a county, city, village or town under Section
1605	1605	22 22-35 have been paid; and
1606	1606	23 (5) the petitioner has complied with all the
1607	1607	24 provisions of law entitling him or her to a deed.
1608	1608	25 Upon receipt of sufficient evidence of the above
1609	1609
1610	1610
1611	1611
1612	1612
1613	1613
1614	1614	HB3040 - 44 - LRB103 28959 HLH 55345 b
1615	1615
1616	1616
1617	1617	HB3040- 45 -LRB103 28959 HLH 55345 b HB3040 - 45 - LRB103 28959 HLH 55345 b
1618	1618	HB3040 - 45 - LRB103 28959 HLH 55345 b
1619	1619	1 requirements, the court shall find that the petitioner
1620	1620	2 complied with the requirements above and shall enter an order
1621	1621	3 directing the county clerk, on the production of the tax
1622	1622	4 certificate and a certified copy of the order, to issue to the
1623	1623	5 purchaser or its , the court shall so find and shall enter an
1624	1624	6 order directing the county clerk on the production of the
1625	1625	7 certificate of purchase and a certified copy of the order, to
1626	1626	8 issue to the purchaser or his or her assignee a tax deed. The
1627	1627	9 court shall insist on strict compliance with Section 22-10
1628	1628	10 through 22-25. Prior to the entry of an order directing the
1629	1629	11 issuance of a tax deed, the petitioner shall furnish the court
1630	1630	12 with a report of proceedings of the evidence received on the
1631	1631	13 application for tax deed and the report of proceedings shall
1632	1632	14 be filed and made a part of the court record.
1633	1633	15 (b) Except as provided in subsection (e), if If taxes for
1634	1634	16 years prior to the year or years sold are or become delinquent
1635	1635	17 subsequent to the date of sale, the court shall find that the
1636	1636	18 lien of those delinquent taxes has been or will be merged into
1637	1637	19 the tax deed grantee's title if the court determines that the
1638	1638	20 tax deed grantee or any prior holder of the certificate of
1639	1639	21 purchase, or any person or entity under common ownership or
1640	1640	22 control with any such grantee or prior holder of the
1641	1641	23 certificate of purchase, was at no time the holder of any
1642	1642	24 certificate of purchase for the years sought to be merged. If
1643	1643	25 delinquent taxes are merged into the tax deed pursuant to this
1644	1644	26 subsection, the court shall enter an order declaring which
1645	1645
1646	1646
1647	1647
1648	1648
1649	1649
1650	1650	HB3040 - 45 - LRB103 28959 HLH 55345 b
1651	1651
1652	1652
1653	1653	HB3040- 46 -LRB103 28959 HLH 55345 b HB3040 - 46 - LRB103 28959 HLH 55345 b
1654	1654	HB3040 - 46 - LRB103 28959 HLH 55345 b
1655	1655	1 specific taxes have been or will be merged into the tax deed
1656	1656	2 title and directing the county treasurer and county clerk to
1657	1657	3 reflect that declaration in the warrant and judgment records;
1658	1658	4 provided, that no such order shall be effective until a tax
1659	1659	5 deed has been issued and timely recorded. Nothing contained in
1660	1660	6 this Section shall relieve any owner liable for delinquent
1661	1661	7 property taxes under this Code from the payment of the taxes
1662	1662	8 that have been merged into the title upon issuance of the tax
1663	1663	9 deed.
1664	1664	10 (c) The county clerk is entitled to a fee of $10 in
1665	1665	11 counties of 3,000,000 or more inhabitants and $5 in counties
1666	1666	12 with less than 3,000,000 inhabitants for the issuance of the
1667	1667	13 tax deed, except for deeds issued to the county pursuant to its
1668	1668	14 authority under Section 21-90. The clerk may not include in a
1669	1669	15 tax deed more than one property as listed, assessed and sold in
1670	1670	16 one description, except in cases where several properties are
1671	1671	17 owned by one person.
1672	1672	18 Upon application, the court shall, enter an order to place
1673	1673	19 the tax deed grantee or the grantee's successor in interest in
1674	1674	20 possession of the property and may enter orders and grant
1675	1675	21 relief as may be necessary or desirable to maintain the
1676	1676	22 grantee or the grantee's successor in interest in possession.
1677	1677	23 (d) The court shall retain jurisdiction to enter orders
1678	1678	24 pursuant to subsections (b) and (c) of this Section. This
1679	1679	25 amendatory Act of the 92nd General Assembly and this
1680	1680	26 amendatory Act of the 95th General Assembly shall be construed
1681	1681
1682	1682
1683	1683
1684	1684
1685	1685
1686	1686	HB3040 - 46 - LRB103 28959 HLH 55345 b
1687	1687
1688	1688
1689	1689	HB3040- 47 -LRB103 28959 HLH 55345 b HB3040 - 47 - LRB103 28959 HLH 55345 b
1690	1690	HB3040 - 47 - LRB103 28959 HLH 55345 b
1691	1691	1 as being declarative of existing law and not as a new
1692	1692	2 enactment.
1693	1693	3 (e) Prior to the issuance of any tax deed under this
1694	1694	4 Section, the petitioner must redeem all taxes and special
1695	1695	5 assessments on the property that are subject to an active tax
1696	1696	6 petition filed by a county or its assignee pursuant to Section
1697	1697	7 21-90.
1698	1698	8 (f) If, for any reason, the purchaser fails to obtain an
1699	1699	9 order for tax deed within the required time period, a tax
1700	1700	10 certificate is found to be unenforceable or void by the court,
1701	1701	11 or a purchaser voluntarily surrenders a certificate to the
1702	1702	12 county for any reason, then the certificate is forfeited to
1703	1703	13 the county, as trustee, pursuant to section 21-90.
1704	1704	14 (Source: P.A. 98-1162, eff. 6-1-15.)
1705	1705	15 (35 ILCS 200/22-60)
1706	1706	16 Sec. 22-60. Contents of deed; recording. Every tax deed
1707	1707	17 shall contain the full names and the true post office address
1708	1708	18 and residence of grantee. A county receiving a tax deed
1709	1709	19 pursuant to Section 21-90 may designate a specific county
1710	1710	20 agency to be named as the deed grantee. It shall not be of any
1711	1711	21 force or effect, and the recipient may not take title to the
1712	1712	22 property, until after the deed it has been recorded in the
1713	1713	23 office of the recorder.
1714	1714	24 (Source: P.A. 83-358; 88-455.)
1715	1715
1716	1716
1717	1717
1718	1718
1719	1719
1720	1720	HB3040 - 47 - LRB103 28959 HLH 55345 b
1721	1721
1722	1722
1723	1723	HB3040- 48 -LRB103 28959 HLH 55345 b HB3040 - 48 - LRB103 28959 HLH 55345 b
1724	1724	HB3040 - 48 - LRB103 28959 HLH 55345 b
1725	1725	1 (35 ILCS 200/21-405 rep.)
1726	1726	2 (35 ILCS 200/22-50 rep.)
1727	1727	3 Section 10. The Property Tax Code is amended by repealing
1728	1728	4 Sections 21-405 and 22-50.
1729	1729	5 Section 99. Effective date. This Act takes effect upon
1730	1730	6 becoming law.
1731	1731	HB3040- 49 -LRB103 28959 HLH 55345 b 1 INDEX 2 Statutes amended in order of appearance 3 35 ILCS 200/21-90 4 35 ILCS 200/21-145 5 35 ILCS 200/21-225 6 35 ILCS 200/21-235 7 35 ILCS 200/21-250 8 35 ILCS 200/21-310 9 35 ILCS 200/21-315 10 35 ILCS 200/21-320 11 35 ILCS 200/21-325 12 35 ILCS 200/21-330 13 35 ILCS 200/21-335 14 35 ILCS 200/21-350 15 35 ILCS 200/21-370 16 35 ILCS 200/21-385 17 35 ILCS 200/21-400 18 35 ILCS 200/21-430 19 35 ILCS 200/22-5 20 35 ILCS 200/22-10 21 35 ILCS 200/22-25 22 35 ILCS 200/22-30 23 35 ILCS 200/22-35 24 35 ILCS 200/22-40 25 35 ILCS 200/22-60 HB3040- 50 -LRB103 28959 HLH 55345 b HB3040- 49 -LRB103 28959 HLH 55345 b HB3040 - 49 - LRB103 28959 HLH 55345 b 1 INDEX 2 Statutes amended in order of appearance 3 35 ILCS 200/21-90 4 35 ILCS 200/21-145 5 35 ILCS 200/21-225 6 35 ILCS 200/21-235 7 35 ILCS 200/21-250 8 35 ILCS 200/21-310 9 35 ILCS 200/21-315 10 35 ILCS 200/21-320 11 35 ILCS 200/21-325 12 35 ILCS 200/21-330 13 35 ILCS 200/21-335 14 35 ILCS 200/21-350 15 35 ILCS 200/21-370 16 35 ILCS 200/21-385 17 35 ILCS 200/21-400 18 35 ILCS 200/21-430 19 35 ILCS 200/22-5 20 35 ILCS 200/22-10 21 35 ILCS 200/22-25 22 35 ILCS 200/22-30 23 35 ILCS 200/22-35 24 35 ILCS 200/22-40 25 35 ILCS 200/22-60 HB3040- 50 -LRB103 28959 HLH 55345 b HB3040 - 50 - LRB103 28959 HLH 55345 b
1732	1732	HB3040- 49 -LRB103 28959 HLH 55345 b HB3040 - 49 - LRB103 28959 HLH 55345 b
1733	1733	HB3040 - 49 - LRB103 28959 HLH 55345 b
1734	1734	1 INDEX
1735	1735	2 Statutes amended in order of appearance
1736	1736	3 35 ILCS 200/21-90
1737	1737	4 35 ILCS 200/21-145
1738	1738	5 35 ILCS 200/21-225
1739	1739	6 35 ILCS 200/21-235
1740	1740	7 35 ILCS 200/21-250
1741	1741	8 35 ILCS 200/21-310
1742	1742	9 35 ILCS 200/21-315
1743	1743	10 35 ILCS 200/21-320
1744	1744	11 35 ILCS 200/21-325
1745	1745	12 35 ILCS 200/21-330
1746	1746	13 35 ILCS 200/21-335
1747	1747	14 35 ILCS 200/21-350
1748	1748	15 35 ILCS 200/21-370
1749	1749	16 35 ILCS 200/21-385
1750	1750	17 35 ILCS 200/21-400
1751	1751	18 35 ILCS 200/21-430
1752	1752	19 35 ILCS 200/22-5
1753	1753	20 35 ILCS 200/22-10
1754	1754	21 35 ILCS 200/22-25
1755	1755	22 35 ILCS 200/22-30
1756	1756	23 35 ILCS 200/22-35
1757	1757	24 35 ILCS 200/22-40
1758	1758	25 35 ILCS 200/22-60
1759	1759	HB3040- 50 -LRB103 28959 HLH 55345 b HB3040 - 50 - LRB103 28959 HLH 55345 b
1760	1760	HB3040 - 50 - LRB103 28959 HLH 55345 b
1761	1761
1762	1762
1763	1763
1764	1764
1765	1765
1766	1766	HB3040 - 48 - LRB103 28959 HLH 55345 b
1767	1767
1768	1768
1769	1769
1770	1770	HB3040- 49 -LRB103 28959 HLH 55345 b HB3040 - 49 - LRB103 28959 HLH 55345 b
1771	1771	HB3040 - 49 - LRB103 28959 HLH 55345 b
1772	1772	1 INDEX
1773	1773	2 Statutes amended in order of appearance
1774	1774	3 35 ILCS 200/21-90
1775	1775	4 35 ILCS 200/21-145
1776	1776	5 35 ILCS 200/21-225
1777	1777	6 35 ILCS 200/21-235
1778	1778	7 35 ILCS 200/21-250
1779	1779	8 35 ILCS 200/21-310
1780	1780	9 35 ILCS 200/21-315
1781	1781	10 35 ILCS 200/21-320
1782	1782	11 35 ILCS 200/21-325
1783	1783	12 35 ILCS 200/21-330
1784	1784	13 35 ILCS 200/21-335
1785	1785	14 35 ILCS 200/21-350
1786	1786	15 35 ILCS 200/21-370
1787	1787	16 35 ILCS 200/21-385
1788	1788	17 35 ILCS 200/21-400
1789	1789	18 35 ILCS 200/21-430
1790	1790	19 35 ILCS 200/22-5
1791	1791	20 35 ILCS 200/22-10
1792	1792	21 35 ILCS 200/22-25
1793	1793	22 35 ILCS 200/22-30
1794	1794	23 35 ILCS 200/22-35
1795	1795	24 35 ILCS 200/22-40
1796	1796	25 35 ILCS 200/22-60
1797	1797
1798	1798
1799	1799
1800	1800
1801	1801
1802	1802	HB3040 - 49 - LRB103 28959 HLH 55345 b
1803	1803
1804	1804
1805	1805	HB3040- 50 -LRB103 28959 HLH 55345 b HB3040 - 50 - LRB103 28959 HLH 55345 b
1806	1806	HB3040 - 50 - LRB103 28959 HLH 55345 b
1807	1807
1808	1808
1809	1809
1810	1810
1811	1811
1812	1812	HB3040 - 50 - LRB103 28959 HLH 55345 b