Illinois 2023-2024 Regular Session

Illinois House Bill HB4573

Introduced
1/24/24  
Refer
1/31/24  
Introduced
1/24/24  
Refer
3/5/24  
Refer
1/31/24  
Refer
4/5/24  
Refer
3/5/24  

Caption

PROPERTY TX-SURPLUS

Impact

The legislation seeks to address issues related to surplus funds generated from the sale of residential properties that have gone through tax deed processes. By ensuring that previous owners receive their entitled surplus, the bill aims to streamline financial transactions and mitigate potential disputes related to property losses. Furthermore, it encourages tax deed grantees to conduct transparent sales, which may indirectly enhance the integrity of the property acquisition process in the state. As property markets fluctuate, the bill’s impact on homeowners facing foreclosure due to unpaid taxes could be significant, offering a measure of financial recovery following the loss of property.

Summary

House Bill 4573 introduces amendments to the Property Tax Code concerning the distribution of surplus funds following the sale of residential property sold under a tax deed. The bill mandates that tax deed grantees must pay any surplus to the previous property owners within 30 days of the tax deed's recording. The surplus, as defined in the bill, is the difference between the proceeds from the sale of the property and specific deductions for the amount owed to redeem the property, outstanding encumbrances, and an administrative fee. This change is aimed at enhancing financial fairness for property owners who may have lost their homes due to tax issues.

Contention

Notably, discussions around HB4573 may raise questions pertaining to administrative burdens on tax deed grantees and potential complications in property transactions. Critics might argue that the requirement to distribute surplus to previous property owners could discourage investors from participating in tax deed sales, impacting the market's vibrancy. Furthermore, there may be concerns regarding the definition and calculation of surplus, which could lead to disputes between current property owners and those who previously held the properties. Striking a balance between protecting former homeowners and allowing for efficient property management and investment will be critical in discussions surrounding this bill.

Companion Bills

No companion bills found.

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