Rep. Calvin L. Giles

Filed: 5/25/2005

 

 


 

 


 
09400SB2053ham002 LRB094 05570 BDD 47091 a

1
AMENDMENT TO SENATE BILL 2053

2     AMENDMENT NO. ______. Amend Senate Bill 2053, AS AMENDED,
3 as follows:
 
4 in Section 5, Sec. 21-310, by replacing subsection (c) with the
5 following:
6     "(c) When the county collector discovers, prior to the
7 expiration of the period of redemption within one year after
8 the date of sale if taxes were sold at an annual tax sale or
9 within 180 days after the date of sale if taxes were sold at a
10 scavenger tax sale, that a tax sale should not have occurred
11 for one or more of the reasons set forth in subdivision (a)(1),
12 (a)(2), (a)(6), or (a)(7) of this Section, the county collector
13 shall notify the last known owner of the certificate of
14 purchase by certified and regular mail, or other means
15 reasonably calculated to provide actual notice, that the county
16 collector intends to declare an administrative sale in error
17 and of the reasons therefor, including documentation
18 sufficient to establish the reason why the sale should not have
19 occurred. The owner of the certificate of purchase may object
20 in writing within 28 days after the date of the mailing by the
21 county collector. If an objection is filed, the county
22 collector shall not administratively declare a sale in error,
23 but may apply to the circuit court for a sale in error as
24 provided in subsection (a) of this Section. Thirty days
25 following the receipt of notice by the last known owner of the

 

 

09400SB2053ham002 - 2 - LRB094 05570 BDD 47091 a

1 certificate of purchase, or within a reasonable time
2 thereafter, the county collector shall make a written
3 declaration, based upon clear and convincing evidence, that the
4 taxes were sold in error and shall deliver a copy thereof to
5 the county clerk within 30 days after the date the declaration
6 is made for entry in the tax judgment, sale, redemption, and
7 forfeiture record pursuant to subsection (d) of this Section.
8 The county collector shall promptly notify the last known owner
9 of the certificate of purchase of the declaration by regular
10 mail and shall promptly pay the amount of the tax sale,
11 together with interest and costs as provided in Section 21-315,
12 upon surrender of the original certificate of purchase.".