HB0466 100TH GENERAL ASSEMBLY

LRB100 04128 HLH 14133 b

100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB0466

Introduced 1/17/2017, by Rep. Tom Demmer

SYNOPSIS AS INTRODUCED:

35 ILCS 516/370
35 ILCS 516/390

Amends the Mobile Home Local Services Tax Enforcement Act. Provides that a tax purchaser or assignee must give notice of the tax sale and the date of expiration of the redemption period not less than 3 months nor more than 6 months prior to the expiration of the redemption period (currently, not less than 3 months nor more than 5 months). Provides that the purchaser or assignee may file a petition for the issuance of a tax certificate of title at any time within 6 months but not less than 3 months prior to the expiration of the redemption period (currently, any time within 5 months but not less than 3 months prior to the expiration of the redemption period). Effective immediately.

FISCAL NOTE ACT MAY APPLY

HOUSING AFFORDABILITY IMPACT NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning revenue.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Mobile Home Local Services Tax Enforcement Act is amended by changing Sections 370 and 390 as follows:

(35 ILCS 516/370)

Sec. 370. Notice of expiration of period of redemption. A purchaser or assignee shall not be entitled to a tax certificate of title to the mobile home sold unless, not less than 3 months nor more than 6 5 months prior to the expiration of the period of redemption, he or she gives notice of the sale and the date of expiration of the period of redemption to the owners, occupants, and parties interested in the mobile home as provided below.

The Notice to be given to the parties shall be in at least 10 point type in the following form completely filled in:

TAX DEED NO. .................... FILED ....................

TAKE NOTICE

County of ...............................................

Date Premises Sold ......................................

Certificate No. ........................................

Sold for Taxes of (year) ................................

Warrant No. ................ Inst. No. .................

THIS PROPERTY HAS BEEN SOLD FOR

DELINQUENT TAXES

Property located at .........................................

Mobile Home Vehicle Identification No. (or other unique description) ................................................

.............................................................

.............................................................

This notice is to advise you that the above mobile home has been sold for delinquent taxes and that the period of redemption from the sale will expire on .....................

.............................................................

The amount to redeem is subject to increase at 6 month intervals from the date of sale and may be further increased if the purchaser at the tax sale or his or her assignee pays any subsequently accruing taxes to redeem the mobile home from subsequent forfeitures or tax sales. Check with the county clerk as to the exact amount you owe before redeeming.

This notice is also to advise you that a petition has been filed for a tax certificate of title which will transfer certificate of title and the right to possession of this mobile home if redemption is not made on or before .................

This matter is set for hearing in the Circuit Court of this county in ...., Illinois on .....

You may be present at this hearing but your right to redeem will already have expired at that time.

YOU ARE URGED TO REDEEM IMMEDIATELY

TO PREVENT LOSS OF PROPERTY

Redemption can be made at any time on or before .... by applying to the County Clerk of .... County, Illinois at the County Court House in ...., Illinois.

For further information contact the County Clerk.

..........................

Purchaser or Assignee.

(Source: P.A. 92-807, eff. 1-1-03.)

(35 ILCS 516/390)

Sec. 390. Petition for certificate of title. At any time within 6 5 months but not less than 3 months prior to the expiration of the redemption period for a mobile home sold pursuant to judgment and order of sale under Sections 55 through 65 or 200, the purchaser or his or her assignee may file a petition in the circuit court in the same proceeding in which the judgment and order of sale were entered, asking that the court direct the county clerk to issue a tax certificate of title if the mobile home is not redeemed from the sale. The petition shall be accompanied by the statutory filing fee.

Notice of filing the petition and the date on which the petitioner intends to apply for an order on the petition that a certificate of title be issued if the mobile home is not redeemed shall be given to occupants, owners, and persons interested in the mobile home as part of the notice provided in Sections 370 through 385, except that only one publication is required. The county clerk shall be notified of the filing of the petition and any person owning or interested in the mobile home may, if he or she desires, appear in the proceeding.

(Source: P.A. 92-807, eff. 1-1-03.)

Section 99. Effective date. This Act takes effect upon becoming law.