HB0212 Engrossed LRB096 01971 HLH 11981 b

1     AN ACT concerning revenue.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Property Tax Code is amended by changing
5 Section 21-355 as follows:
 
6     (35 ILCS 200/21-355)
7     Sec. 21-355. Amount of redemption. Any person desiring to
8 redeem shall deposit an amount specified in this Section with
9 the county clerk of the county in which the property is
10 situated, in legal money of the United States, or by cashier's
11 check, certified check, post office money order or money order
12 issued by a financial institution insured by an agency or
13 instrumentality of the United States, payable to the county
14 clerk of the proper county. The deposit shall be deemed timely
15 only if actually received in person at the county clerk's
16 office prior to the close of business as defined in Section
17 3-2007 of the Counties Code on or before the expiration of the
18 period of redemption or by United States mail with a post
19 office cancellation mark dated not less than one day prior to
20 the expiration of the period of redemption. The deposit shall
21 be in an amount equal to the total of the following:
22         (a) the certificate amount, which shall include all tax
23     principal, special assessments, interest and penalties

 

 

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1     paid by the tax purchaser together with costs and fees of
2     sale and fees paid under Sections 21-295 and 21-315 through
3     21-335;
4         (b) the accrued penalty, computed through the date of
5     redemption as a percentage of the certificate amount, as
6     follows:
7             (1) if the redemption occurs on or before the
8         expiration of 6 months from the date of sale, the
9         certificate amount times the penalty bid at sale;
10             (2) if the redemption occurs after 6 months from
11         the date of sale, and on or before the expiration of 12
12         months from the date of sale, the certificate amount
13         times 2 times the penalty bid at sale;
14             (3) if the redemption occurs after 12 months from
15         the date of sale and on or before the expiration of 18
16         months from the date of sale, the certificate amount
17         times 3 times the penalty bid at sale;
18             (4) if the redemption occurs after 18 months from
19         the date of sale and on or before the expiration of 24
20         months from the date of sale, the certificate amount
21         times 4 times the penalty bid at sale;
22             (5) if the redemption occurs after 24 months from
23         the date of sale and on or before the expiration of 30
24         months from the date of sale, the certificate amount
25         times 5 times the penalty bid at sale;
26             (6) if the redemption occurs after 30 months from

 

 

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1         the date of sale and on or before the expiration of 36
2         months from the date of sale, the certificate amount
3         times 6 times the penalty bid at sale.
4             In the event that the property to be redeemed has
5         been purchased under Section 21-405, the penalty bid
6         shall be 12% per penalty period as set forth in
7         subparagraphs (1) through (6) of this subsection (b).
8         The changes to this subdivision (b)(6) made by this
9         amendatory Act of the 91st General Assembly are not a
10         new enactment, but declaratory of existing law.
11         (c) The total of all taxes, special assessments,
12     accrued interest on those taxes and special assessments and
13     costs charged in connection with the payment of those taxes
14     or special assessments, which have been paid by the tax
15     certificate holder on or after the date those taxes or
16     special assessments became delinquent together with 12%
17     penalty on each amount so paid for each year or portion
18     thereof intervening between the date of that payment and
19     the date of redemption. In counties with less than
20     3,000,000 inhabitants, however, a tax certificate holder
21     may not pay all or part of an installment of a subsequent
22     tax or special assessment for any year, nor shall any
23     tender of such a payment be accepted, until after the
24     second or final installment of the subsequent tax or
25     special assessment has become delinquent or until after the
26     holder of the certificate of purchase has filed a petition

 

 

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1     for a tax deed under Section 22.30. The person redeeming
2     shall also pay the amount of interest charged on the
3     subsequent tax or special assessment and paid as a penalty
4     by the tax certificate holder. This amendatory Act of 1995
5     applies to tax years beginning with the 1995 taxes, payable
6     in 1996, and thereafter.
7         (d) Any amount paid to redeem a forfeiture occurring
8     subsequent to the tax sale together with 12% penalty
9     thereon for each year or portion thereof intervening
10     between the date of the forfeiture redemption and the date
11     of redemption from the sale.
12         (e) Any amount paid by the certificate holder for
13     redemption of a subsequently occurring tax sale.
14         (f) All fees paid to the county clerk under Section
15     22-5.
16         (g) All fees paid to the registrar of titles incident
17     to registering the tax certificate in compliance with the
18     Registered Titles (Torrens) Act.
19         (h) All fees paid to the circuit clerk and the sheriff,
20     a licensed or registered private detective, or the coroner
21     in connection with the filing of the petition for tax deed
22     and service of notices under Sections 22-15 through 22-30
23     and 22-40 in addition to (1) a fee of $35 if a petition for
24     tax deed has been filed, which fee shall be posted to the
25     tax judgement, sale, redemption, and forfeiture record, to
26     be paid to the purchaser or his or her assignee; (2) a fee

 

 

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1     of $4 if a notice under Section 22-5 has been filed, which
2     fee shall be posted to the tax judgment, sale, redemption,
3     and forfeiture record, to be paid to the purchaser or his
4     or her assignee; and (3) all costs paid to record a lis
5     pendens notice in connection with filing a petition under
6     this Code; and (4) if a petition for tax deed has been
7     filed, all fees paid to a registered or licensed title
8     insurance company or title insurance agent for a title
9     search to identify all owners, parties interested, and
10     occupants of the property, to be paid to the purchaser or
11     his or her assignee. The fees in (1) and (2) of this
12     paragraph (h) shall be exempt from the posting requirements
13     of Section 21-360. The costs incurred in causing notices to
14     be served by a licensed or registered private detective
15     under Section 22-15, may not exceed the amount that the
16     sheriff would be authorized by law to charge if those
17     notices had been served by the sheriff.
18         (i) All fees paid for publication of notice of the tax
19     sale in accordance with Section 22-20.
20         (j) All sums paid to any city, village or incorporated
21     town for reimbursement under Section 22-35.
22         (k) All costs and expenses of receivership under
23     Section 21-410, to the extent that these costs and expenses
24     exceed any income from the property in question, if the
25     costs and expenditures have been approved by the court
26     appointing the receiver and a certified copy of the order

 

 

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1     or approval is filed and posted by the certificate holder
2     with the county clerk. Only actual costs expended may be
3     posted on the tax judgment, sale, redemption and forfeiture
4     record.
5 (Source: P.A. 95-195, eff. 1-1-08.)