Illinois 2025-2026 Regular Session

Illinois House Bill HB3130 Compare Versions

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

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1	1	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3130 Introduced , by Rep. Amy Elik SYNOPSIS AS INTRODUCED: 35 ILCS 200/22-77 new35 ILCS 200/22-80 Amends the Property Tax Code. Provides that, within 30 days after recording of a tax deed with respect to residential property, the tax deed grantee shall pay the surplus to the previous owner of the property described in the deed. Sets forth the procedures to calculate the surplus. LRB104 10839 HLH 20920 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3130 Introduced , by Rep. Amy Elik SYNOPSIS AS INTRODUCED: 35 ILCS 200/22-77 new35 ILCS 200/22-80 35 ILCS 200/22-77 new 35 ILCS 200/22-80 Amends the Property Tax Code. Provides that, within 30 days after recording of a tax deed with respect to residential property, the tax deed grantee shall pay the surplus to the previous owner of the property described in the deed. Sets forth the procedures to calculate the surplus. LRB104 10839 HLH 20920 b LRB104 10839 HLH 20920 b A BILL FOR
2	2	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3130 Introduced , by Rep. Amy Elik SYNOPSIS AS INTRODUCED:
3	3	35 ILCS 200/22-77 new35 ILCS 200/22-80 35 ILCS 200/22-77 new 35 ILCS 200/22-80
4	4	35 ILCS 200/22-77 new
5	5	35 ILCS 200/22-80
6	6	Amends the Property Tax Code. Provides that, within 30 days after recording of a tax deed with respect to residential property, the tax deed grantee shall pay the surplus to the previous owner of the property described in the deed. Sets forth the procedures to calculate the surplus.
7	7	LRB104 10839 HLH 20920 b LRB104 10839 HLH 20920 b
8	8	LRB104 10839 HLH 20920 b
9	9	A BILL FOR
10	10	HB3130LRB104 10839 HLH 20920 b HB3130 LRB104 10839 HLH 20920 b
11	11	HB3130 LRB104 10839 HLH 20920 b
12	12	1 AN ACT concerning property.
13	13	2 Be it enacted by the People of the State of Illinois,
14	14	3 represented in the General Assembly:
15	15	4 Section 5. The Property Tax Code is amended by changing
16	16	5 Section 22-80 and by adding Section 22-77 as follows:
17	17	6 (35 ILCS 200/22-77 new)
18	18	7 Sec. 22-77. Payment of surplus to the previous owner.
19	19	8 (a) This Section applies to tax deeds issued with respect
20	20	9 to residential property sold under this Code on or after the
21	21	10 effective date of this amendatory Act of the 104th General
22	22	11 Assembly.
23	23	12 (b) Within 30 days after recording of the tax deed, the tax
24	24	13 deed grantee shall pay the surplus to the previous owner of the
25	25	14 property described in the deed. For the purposes of this
26	26	15 Section, the surplus shall be calculated as follows:
27	27	16 (1) If the property has been sold since recording of
28	28	17 the deed, the surplus shall be equal to the amount
29	29	18 received from the sale, minus (i) the amount that would
30	30	19 have been needed to redeem the property; (ii) the amount
31	31	20 needed to pay all encumbrances on the property; and (iii)
32	32	21 an administrative fee of $500, which may be retained by
33	33	22 the grantee to offset the costs incurred in obtaining the
34	34	23 deed.
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38	38	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3130 Introduced , by Rep. Amy Elik SYNOPSIS AS INTRODUCED:
39	39	35 ILCS 200/22-77 new35 ILCS 200/22-80 35 ILCS 200/22-77 new 35 ILCS 200/22-80
40	40	35 ILCS 200/22-77 new
41	41	35 ILCS 200/22-80
42	42	Amends the Property Tax Code. Provides that, within 30 days after recording of a tax deed with respect to residential property, the tax deed grantee shall pay the surplus to the previous owner of the property described in the deed. Sets forth the procedures to calculate the surplus.
43	43	LRB104 10839 HLH 20920 b LRB104 10839 HLH 20920 b
44	44	LRB104 10839 HLH 20920 b
45	45	A BILL FOR
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51	51	35 ILCS 200/22-77 new
52	52	35 ILCS 200/22-80
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71	71	1 (2) If the property has not been sold since recording
72	72	2 of the deed, the surplus shall be equal to the fair market
73	73	3 value of the property on the date the tax deed was issued,
74	74	4 as determined by the chief county assessment officer,
75	75	5 minus (i) the amount that would have been needed to redeem
76	76	6 the property; (ii) the amount needed to pay all
77	77	7 encumbrances on the property; and (iii) an administrative
78	78	8 fee of $500, which may be retained by the grantee to offset
79	79	9 the costs incurred in obtaining the deed.
80	80	10 (c) Any civil action or proceeding to enforce the
81	81	11 provisions of this Section against any person may be
82	82	12 instituted in the circuit court for the county in which the
83	83	13 property is located.
84	84	14 (35 ILCS 200/22-80)
85	85	15 Sec. 22-80. Order of court setting aside tax deed;
86	86	16 payments to holder of deed.
87	87	17 (a) Any order of court vacating an order directing the
88	88	18 county clerk to issue a tax deed based upon a finding that the
89	89	19 property was not subject to taxation or special assessment, or
90	90	20 that the taxes or special assessments had been paid prior to
91	91	21 the sale of the property, or that the tax sale was otherwise
92	92	22 void, shall declare the tax sale to be a sale in error pursuant
93	93	23 to Section 21-310 of this Act. The order shall direct the
94	94	24 county collector to refund to the tax deed grantee or his or
95	95	25 her successors and assigns (or, if a tax deed has not yet
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106	106	1 issued, the holder of the certificate) the following amounts:
107	107	2 (1) all taxes and special assessments purchased, paid,
108	108	3 or redeemed by the tax purchaser or his or her assignee, or
109	109	4 by the tax deed grantee or his or her successors and
110	110	5 assigns, whether before or after entry of the order for
111	111	6 tax deed, with interest at the rate of 1% per month from
112	112	7 the date each amount was paid until the date of payment
113	113	8 pursuant to this Section;
114	114	9 (2) all costs paid and posted to the judgment record
115	115	10 and not included in paragraph (1) of this subsection (a);
116	116	11 and
117	117	12 (3) court reporter fees for the hearing on the
118	118	13 application for tax deed and transcript thereof, cost of
119	119	14 certification of tax deed order, cost of issuance of tax
120	120	15 deed, and cost of recording of tax deed; and .
121	121	16 (4) any surplus paid by the tax deed grantee or tax
122	122	17 purchaser under Section 22-77.
123	123	18 (b) Except in those cases described in subsection (a) of
124	124	19 this Section, and unless the court on motion of the tax deed
125	125	20 petitioner extends the redemption period to a date not later
126	126	21 than 3 years from the date of sale, any order of court finding
127	127	22 that an order directing the county clerk to issue a tax deed
128	128	23 should be vacated shall direct the party who successfully
129	129	24 contested the entry of the order to pay to the tax deed grantee
130	130	25 or his or her successors and assigns (or, if a tax deed has not
131	131	26 yet issued, the holder of the certificate) within 90 days
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