Sen. Terry Link
Filed: 4/28/2004
|
|||||||
| |||||||
| |||||||
1 | AMENDMENT TO HOUSE BILL 3985
| ||||||
2 | AMENDMENT NO. ______. Amend House Bill 3985 as follows:
| ||||||
3 | on page 1, by replacing line 5 with the following: | ||||||
4 | "Sections 21-225 and 22-15 as follows:"; and | ||||||
5 | on page 1, immediately below line 27, by inserting the | ||||||
6 | following:
| ||||||
7 | "(35 ILCS 200/22-15)
| ||||||
8 | Sec. 22-15. Service of notice. The purchaser or his or her | ||||||
9 | assignee shall
give the notice required by Section 22-10 by | ||||||
10 | causing it to be published in a
newspaper as set forth in | ||||||
11 | Section 22-20. In addition, the notice shall be
served (i) in | ||||||
12 | all counties except Cook County, by a process server, as
| ||||||
13 | provided in Section 2-202 of the Code of Civil
Procedure, or | ||||||
14 | (ii) in all counties, by a sheriff (or if he or she is
| ||||||
15 | disqualified, by
a coroner) of the
county in which the | ||||||
16 | property, or any part thereof, is located upon owners who
| ||||||
17 | reside on any part of the property sold by leaving a copy of | ||||||
18 | the notice with
those owners personally.
| ||||||
19 | In counties of 3,000,000 or more inhabitants where a taxing | ||||||
20 | district is a
petitioner for tax deed pursuant to Section | ||||||
21 | 21-90, in lieu of service by the
sheriff or coroner the notice | ||||||
22 | may be served by a special process server
appointed by the | ||||||
23 | circuit court as provided in this Section. The taxing
district |
| |||||||
| |||||||
1 | may move prior to filing one or more petitions for tax deed for
| ||||||
2 | appointment of such a special process server. The court, upon | ||||||
3 | being satisfied
that the person named in the motion is at least | ||||||
4 | 18 years of age and is capable
of serving notice as required | ||||||
5 | under this Code, shall enter an order appointing
such person as | ||||||
6 | a special process server for a period of one year. The
| ||||||
7 | appointment may be renewed for successive periods of one year | ||||||
8 | each by motion
and order, and a copy of the original and any | ||||||
9 | subsequent order shall be filed
in each tax deed case in which | ||||||
10 | a notice is served by the appointed person.
Delivery of the | ||||||
11 | notice to and service of the notice by the special process
| ||||||
12 | server shall have the same force and effect as its delivery to | ||||||
13 | and service by
the sheriff or coroner.
| ||||||
14 | The same form of notice shall also be served upon all other | ||||||
15 | owners and
parties interested in the property, if upon diligent | ||||||
16 | inquiry they can be found
in the county, and upon the occupants | ||||||
17 | of the property in the following manner:
| ||||||
18 | (a) as to individuals, by (1) leaving a copy of the | ||||||
19 | notice with the person
personally or (2) by leaving a copy | ||||||
20 | at his or her usual place of residence with
a person of the | ||||||
21 | family, of the age of 13 years or more, and informing that
| ||||||
22 | person of its contents. The person making the service shall | ||||||
23 | cause a copy
of the notice to be sent by registered or | ||||||
24 | certified mail, return receipt
requested, to
that party at | ||||||
25 | his or her usual place of residence;
| ||||||
26 | (b) as to public and private corporations, municipal, | ||||||
27 | governmental and
quasi-municipal corporations, | ||||||
28 | partnerships, receivers and trustees of
corporations, by | ||||||
29 | leaving a copy of the notice with the person designated by | ||||||
30 | the
Civil Practice Law.
| ||||||
31 | If the property sold has more than 4 dwellings or other | ||||||
32 | rental units, and
has a managing agent or party who collects | ||||||
33 | rents, that person
shall be deemed the occupant and shall be | ||||||
34 | served with notice instead of
the occupants of the individual |
| |||||||
| |||||||
1 | units. If the property has no
dwellings or rental units, but | ||||||
2 | economic or recreational activities are
carried on therein, the | ||||||
3 | person directing such activities shall be deemed
the occupant. | ||||||
4 | Holders of rights of entry and possibilities of reverter
shall | ||||||
5 | not be deemed parties interested in the property.
| ||||||
6 | When a party interested in the property is a trustee, | ||||||
7 | notice served upon the
trustee shall be deemed to have been | ||||||
8 | served upon any beneficiary or note
holder thereunder unless | ||||||
9 | the holder of the note is disclosed of record.
| ||||||
10 | When a judgment is a lien upon the property sold, the | ||||||
11 | holder
of the lien shall be served with notice if the name of | ||||||
12 | the judgment debtor as
shown in the transcript, certified copy | ||||||
13 | or memorandum of judgment
filed of record is identical, as to | ||||||
14 | given name and surname, with the
name of the party interested | ||||||
15 | as it appears of record.
| ||||||
16 | If any owner or party interested, upon diligent inquiry and | ||||||
17 | effort,
cannot be found or served with notice in the county as | ||||||
18 | provided in this
Section, and the person in actual occupancy | ||||||
19 | and possession is tenant to, or in
possession under the owners | ||||||
20 | or the parties interested in the property, then
service of | ||||||
21 | notice upon the tenant, occupant or person in possession
shall | ||||||
22 | be deemed service upon the owners or parties interested.
| ||||||
23 | If any owner or party interested, upon diligent inquiry and | ||||||
24 | effort
cannot be found or served with notice in the county, | ||||||
25 | then the person making the
service shall cause a copy of the | ||||||
26 | notice to be sent by
registered or certified mail, return
| ||||||
27 | receipt requested, to that party at his or her residence, if | ||||||
28 | ascertainable.
| ||||||
29 | (Source: P.A. 91-209, eff. 1-1-00; 91-554, eff. 8-14-99.)".
|