SB0309 94TH GENERAL ASSEMBLY

LRB094 03602 BDD 33606 b

94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
SB0309

Introduced 2/15/2005, by Sen. Iris Y. Martinez

SYNOPSIS AS INTRODUCED:

35 ILCS 200/22-5
35 ILCS 200/22-10

Amends the Property Tax Code. In provisions concerning the notice of tax sale and redemption rights and the notice of expiration of the period of redemption from the sale, changes the form of the notices with respect to contacting the county clerk for further information about the notices. Effective immediately.

A BILL FOR

AN ACT concerning taxes.

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

Section 5. The Property Tax Code is amended by changing Sections 22-5 and 22-10 as follows:

(35 ILCS 200/22-5)

Sec. 22-5. Notice of sale and redemption rights. In order to be entitled to a tax deed, within 4 months and 15 days after any sale held under this Code, the purchaser or his or her assignee shall deliver to the county clerk a notice to be given to the party in whose name the taxes are last assessed as shown by the most recent tax collector's warrant books, in at least 10 point type in the following form completely filled in:

TAKE NOTICE

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

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

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

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

Sold for Special Assessment of (Municipality)

and special assessment number ...............................

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

THIS PROPERTY HAS BEEN SOLD FOR

DELINQUENT TAXES

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

Legal Description or Permanent Index No. ....................

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

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

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

This notice is also to advise you that a petition will be filed for a tax deed which will transfer title and the right to possession of this property if redemption is not made on or before ......................................................

At the date of this notice the total amount which you must pay in order to redeem the above property is ................

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.

The above amount is subject to increase at 6 month intervals from the date of sale. Check with the county clerk as to the exact amount you owe before redeeming. Payment must be made by certified check, cashier's check, money order, or in cash.

For further information contact the County Clerk. ADDRESS:............................ TELEPHONE:..........................

MAIL TO FOLLOWING PERSONS (a)....................... (d).................... (b)....................... (e).................... (c)....................... (f)....................

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

CLERK OF THE CIRCUIT COURT

............................... Purchaser or Assignee

Dated (insert date).

Within 10 days after receipt of said notice, the county clerk shall mail to the addresses supplied by the purchaser or assignee, by registered or certified mail, copies of said notice to the party in whose name the taxes are last assessed as shown by the most recent tax collector's warrant books. The purchaser or assignee shall pay to the clerk postage plus the sum of $10. The clerk shall write or stamp the date of receiving the notices upon the copies of the notices, and retain one copy.

(Source: P.A. 91-357, eff. 7-29-99.)

(35 ILCS 200/22-10)

Sec. 22-10. Notice of expiration of period of redemption. A purchaser or assignee shall not be entitled to a tax deed to the property sold unless, not less than 3 months nor more than 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 property, including any mortgagee of record, 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 General Taxes of (year) ............................

Sold for Special Assessment of (Municipality)

and special assessment number ...............................

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

THIS PROPERTY HAS BEEN SOLD FOR

DELINQUENT TAXES

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

Legal Description or Property Index No. .....................

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

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

This notice is to advise you that the above property 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 or special assessments to redeem the property 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 deed which will transfer title and the right to possession of this property 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. ADDRESS:.................... TELEPHONE:..................

MAIL TO FOLLOWING PERSONS (a)..................... (d)...................... (b)..................... (e)...................... (c)..................... (f).....................

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

CLERK OF THE CIRCUIT COURT

Purchaser or Assignee.

In counties with 3,000,000 or more inhabitants, the notice shall also state the address, room number and time at which the matter is set for hearing.

This amendatory Act of 1996 applies only to matters in which a petition for tax deed is filed on or after the effective date of this amendatory Act of 1996.

(Source: P.A. 91-357, eff. 7-29-99; 92-267, eff. 1-1-02.)

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