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Sen. Pat McGuire
Filed: 3/31/2016
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1 | | AMENDMENT TO SENATE BILL 1525
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2 | | AMENDMENT NO. ______. Amend Senate Bill 1525 by replacing |
3 | | everything after the enacting clause with the following:
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4 | | "Section 5. The Property Tax Code is amended by changing |
5 | | Sections 22-5, 22-10, 22-15, 22-20, 22-25, and 22-45 as |
6 | | follows:
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7 | | (35 ILCS 200/22-5)
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8 | | Sec. 22-5. Notice of sale and redemption rights. In order |
9 | | to be
entitled to a tax deed, within 4 months and 15 days after |
10 | | any
sale held under this Code, the purchaser
or his or her |
11 | | assignee shall deliver to the county clerk a notice
to be given |
12 | | to the party in whose name the taxes are last assessed as
shown |
13 | | by the most recent tax collector's warrant books, in at least |
14 | | 10
point type with headings in bold type, in the following form |
15 | | completely filled in:
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16 | | TAKE NOTICE
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1 | | County of ...............................................
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2 | | Date Premises Sold ......................................
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3 | | Certificate No. .........................................
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4 | | Sold for General Taxes of (year) ........................
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5 | | Sold for Special Assessment of (Municipality)
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6 | | and special assessment number ...........................
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7 | | Warrant No. ............... Inst. No. .................
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8 | | THIS PROPERTY HAS BEEN SOLD FOR
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9 | | DELINQUENT TAXES
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10 | | Property located at .........................................
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11 | | Legal Description or Property Index No. .....................
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12 | | .............................................................
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13 | | .............................................................
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14 | | This notice is to advise you that the above property has |
15 | | been
sold for delinquent taxes and that the period of |
16 | | redemption from
the sale will expire on .....................
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17 | | This notice is also to advise you that a petition will be |
18 | | filed for a
tax deed which will transfer title and the right to |
19 | | possession of this
property if redemption is not made on or |
20 | | before ......................................................
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21 | | At the date of this notice the total amount which you must |
22 | | pay in order
to redeem the above property is ................
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23 | | YOU ARE URGED TO REDEEM IMMEDIATELY TO
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24 | | PREVENT LOSS OF PROPERTY
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25 | | Redemption can be made at any time on or before .... by |
26 | | applying to
the County Clerk of .... County, Illinois at the |
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1 | | Office of the County Clerk in
...., Illinois.
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2 | | The above amount is subject to increase at 6 month |
3 | | intervals from the
date of sale. Check with the county clerk as |
4 | | to the exact amount you owe
before redeeming. Payment must be |
5 | | made by certified check, cashier's check,
money order, or in |
6 | | cash.
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7 | | In addition, the notice must contain the following |
8 | | information in 10 point bold type: |
9 | | FOR FURTHER INFORMATION CONTACT THE COUNTY CLERK OF (INSERT |
10 | | COUNTY), ILLINOIS IMMEDIATELY: For further information contact |
11 | | the County Clerk
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12 | | ADDRESS:............................
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13 | | TELEPHONE:..........................
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14 | | ...............................
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15 | | Purchaser or Assignee
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16 | | Dated (insert date).
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17 | | Within 10 days after receipt of said notice, the county |
18 | | clerk shall mail
to the addresses supplied by the purchaser or |
19 | | assignee, by both registered or
certified mail and first class |
20 | | mail , copies of said notice to the party in whose name the |
21 | | taxes
are last assessed as shown by the most recent tax |
22 | | collector's warrant books.
The purchaser or assignee shall pay |
23 | | to the clerk postage plus the sum of $10.
The clerk shall write |
24 | | or stamp the date of receiving the notices upon the
copies of |
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1 | | the notices, and retain one copy.
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2 | | The changes to this Section made by this amendatory Act of |
3 | | the 97th General Assembly apply only to tax sales that occur on |
4 | | or after the effective date of this amendatory Act of the 97th |
5 | | General Assembly. |
6 | | (Source: P.A. 97-557, eff. 7-1-12 .)
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7 | | (35 ILCS 200/22-10)
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8 | | Sec. 22-10. Notice of expiration of period of redemption. A |
9 | | purchaser or assignee shall not be entitled to a tax deed to |
10 | | the
property sold unless, not less than 3 months nor more than |
11 | | 6 months prior to
the expiration of the period of redemption, |
12 | | he or she gives notice of the
sale and the date of expiration |
13 | | of the period of redemption to the
owners, occupants, and |
14 | | parties interested in the property, including any
mortgagee of |
15 | | record, as provided below.
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16 | | The Notice to be given to the parties shall be in at least |
17 | | 10 point
type with headings in bold type, in the following form |
18 | | completely filled in:
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19 | | TAX DEED NO. .................... FILED ....................
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20 | | TAKE NOTICE
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21 | | County of ...............................................
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22 | | Date Premises Sold ......................................
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23 | | Certificate No. ........................................
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24 | | Sold for General Taxes of (year) ........................
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25 | | Sold for Special Assessment of (Municipality)
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1 | | and special assessment number ...........................
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2 | | Warrant No. ................ Inst. No. .................
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3 | | THIS PROPERTY HAS BEEN SOLD FOR
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4 | | DELINQUENT TAXES
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5 | | Property located at .........................................
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6 | | Legal Description or Property Index No. .....................
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7 | | .............................................................
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8 | | .............................................................
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9 | | This notice is to advise you that the above property has
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10 | | been sold for delinquent taxes and that the period of
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11 | | redemption from the sale will expire on .....................
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12 | | .............................................................
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13 | | The amount to redeem is subject to increase at 6 month |
14 | | intervals from
the date of sale and may be further increased if |
15 | | the purchaser at the tax
sale or his or her assignee pays any |
16 | | subsequently accruing taxes or special
assessments to redeem |
17 | | the property from subsequent forfeitures or tax sales.
Check |
18 | | with the county clerk as to the exact amount you owe before |
19 | | redeeming.
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20 | | This notice is also to advise you that a petition has been |
21 | | filed for
a tax deed which will transfer title and the right to |
22 | | possession of this
property if redemption is not made on or |
23 | | before ......................................................
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24 | | This matter is set for hearing in the Circuit Court of this |
25 | | county in
...., Illinois on .....
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26 | | You may be present at this hearing but your right to redeem |
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1 | | will
already have expired at that time.
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2 | | YOU ARE URGED TO REDEEM IMMEDIATELY
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3 | | TO PREVENT LOSS OF PROPERTY
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4 | | Redemption can be made at any time on or before .... by |
5 | | applying to
the County Clerk of ...., County, Illinois at the |
6 | | Office of the County Clerk in
...., Illinois.
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7 | | In addition, the notice must contain the following |
8 | | information in 10 point bold type: |
9 | | FOR FURTHER INFORMATION CONTACT THE COUNTY CLERK OF (INSERT |
10 | | COUNTY), ILLINOIS IMMEDIATELY For further information contact |
11 | | the County Clerk
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12 | | ADDRESS:....................
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13 | | TELEPHONE:..................
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14 | | ..........................
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15 | | Purchaser or Assignee.
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16 | | Dated (insert date).
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17 | | In counties with 3,000,000 or more inhabitants, the notice |
18 | | shall also state
the address, room number and time at which the |
19 | | matter is set for hearing.
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20 | | The changes to this Section made by this amendatory Act of |
21 | | the 97th General Assembly apply only to matters in which a |
22 | | petition for tax deed is filed on or after the effective date |
23 | | of this amendatory Act of the 97th General Assembly.
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24 | | (Source: P.A. 97-557, eff. 7-1-12 .)
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1 | | (35 ILCS 200/22-15)
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2 | | Sec. 22-15. Service and posting of notice. The purchaser or |
3 | | his or her assignee shall
give the notice required by Section |
4 | | 22-10 by causing it to be published in a
newspaper as set forth |
5 | | in Section 22-20. In addition, the notice shall be
served by a |
6 | | sheriff (or if he or she is disqualified, by a coroner) of the
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7 | | county in which the property, or any part thereof, is located |
8 | | or, except in Cook County, by a person who is licensed or |
9 | | registered as a private detective under the Private Detective, |
10 | | Private Alarm, Private Security, Fingerprint Vendor, and |
11 | | Locksmith Act of 2004 upon owners who
reside on any part of the |
12 | | property sold by leaving a copy of the notice with
those owners |
13 | | personally and by conspicuously and securely posting the notice |
14 | | on or immediately adjacent to a principal entry door to the |
15 | | property .
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16 | | In counties of 3,000,000 or more inhabitants where a taxing |
17 | | district is a
petitioner for tax deed pursuant to Section |
18 | | 21-90, in lieu of service by the
sheriff or coroner the notice |
19 | | may be served by a special process server
appointed by the |
20 | | circuit court as provided in this Section. The taxing
district |
21 | | may move prior to filing one or more petitions for tax deed for
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22 | | appointment of such a special process server. The court, upon |
23 | | being satisfied
that the person named in the motion is at least |
24 | | 18 years of age and is capable
of serving notice as required |
25 | | under this Code, shall enter an order appointing
such person as |
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1 | | a special process server for a period of one year. The
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2 | | appointment may be renewed for successive periods of one year |
3 | | each by motion
and order, and a copy of the original and any |
4 | | subsequent order shall be filed
in each tax deed case in which |
5 | | a notice is served by the appointed person.
Delivery of the |
6 | | notice to and service of the notice by the special process
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7 | | server shall have the same force and effect as its delivery to |
8 | | and service by
the sheriff or coroner.
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9 | | The same form of notice shall also be served, in the manner |
10 | | set forth under Sections 2-203,
2-204, 2-205, 2-205.1, and |
11 | | 2-211 of the Code of Civil
Procedure, upon all other owners and
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12 | | parties interested in the property, if upon diligent inquiry |
13 | | they can be found
in the county, and upon the occupants of the |
14 | | property.
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15 | | If the property sold has more than 4 dwellings or other |
16 | | rental units, and
has a managing agent or party who collects |
17 | | rents, that person
shall be deemed the occupant and shall be |
18 | | served with notice instead of
the occupants of the individual |
19 | | units. If the property has no
dwellings or rental units, but |
20 | | economic or recreational activities are
carried on therein, the |
21 | | person directing such activities shall be deemed
the occupant. |
22 | | Holders of rights of entry and possibilities of reverter
shall |
23 | | not be deemed parties interested in the property.
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24 | | When a party interested in the property is a trustee, |
25 | | notice served upon the
trustee shall be deemed to have been |
26 | | served upon any beneficiary or note
holder thereunder unless |
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1 | | the holder of the note is disclosed of record.
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2 | | When a judgment is a lien upon the property sold, the |
3 | | holder
of the lien shall be served with notice if the name of |
4 | | the judgment debtor as
shown in the transcript, certified copy |
5 | | or memorandum of judgment
filed of record is identical, as to |
6 | | given name and surname, with the
name of the party interested |
7 | | as it appears of record.
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8 | | If any owner or party interested, upon diligent inquiry and |
9 | | effort,
cannot be found or served with notice in the county as |
10 | | provided in this
Section, and the person in actual occupancy |
11 | | and possession is tenant to, or in
possession under the owners |
12 | | or the parties interested in the property, then
service of |
13 | | notice upon the tenant, occupant or person in possession
shall |
14 | | be deemed service upon the owners or parties interested.
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15 | | If any owner or party interested, upon diligent inquiry and |
16 | | effort
cannot be found or served with notice in the county, |
17 | | then the person making the
service shall cause a copy of the |
18 | | notice to be sent by
both registered or certified mail, return
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19 | | receipt requested, and first class mail, to that party at his |
20 | | or her residence, if ascertainable.
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21 | | The changes to this Section made by Public Act 95-477
apply |
22 | | only to matters in which a petition for tax deed is filed on or |
23 | | after June 1, 2008 (the effective date of Public Act 95-477).
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24 | | (Source: P.A. 95-195, eff. 1-1-08; 95-477, eff. 6-1-08; 95-876, |
25 | | eff. 8-21-08.)
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1 | | (35 ILCS 200/22-20)
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2 | | Sec. 22-20. Proof of service of notice; publication of |
3 | | notice. The sheriff or coroner serving notice under Section |
4 | | 22-15 shall
endorse his or
her return thereon and file it with |
5 | | the Clerk of the Circuit Court and it shall
be a part of the |
6 | | court record. A private detective or a special process server |
7 | | appointed under
Section
22-15 shall make his or her return by |
8 | | affidavit and shall file it with the
Clerk of the Circuit |
9 | | Court, where it shall be a part of the court record. If
a |
10 | | sheriff, private detective, special process server, or coroner |
11 | | to whom any notice is
delivered for service, neglects or |
12 | | refuses to make the return, the purchaser or
his or her |
13 | | assignee may petition the court to enter a rule requiring the
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14 | | sheriff, private detective, special process server, or coroner |
15 | | to make return of the notice on
a day to be fixed by the
court, |
16 | | or to show cause on that day why he or she should not be |
17 | | attached for
contempt of the court. The purchaser or assignee |
18 | | shall cause a written notice
of the rule to be served upon the |
19 | | sheriff, private detective, special process server, or
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20 | | coroner. If good and sufficient cause to excuse the sheriff, |
21 | | private detective, special process
server, or coroner is not |
22 | | shown, the court shall adjudge him or her guilty of
a contempt, |
23 | | and shall proceed to punish him as in other cases of contempt.
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24 | | If the property is located in a municipality in a county |
25 | | with less than
3,000,000 inhabitants, the purchaser or his or |
26 | | her assignee shall also publish
a notice as to the owner or |
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1 | | party interested, in some newspaper published in
the |
2 | | municipality. If the property is not in a municipality in a |
3 | | county with
less than 3,000,000 inhabitants, or if no newspaper |
4 | | is published therein, or
if the property is in a county with |
5 | | 3,000,000 or more inhabitants, the notice
shall be published in |
6 | | some newspaper in the county. If no newspaper is
published in |
7 | | the county, then the notice shall be published in the newspaper
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8 | | that is published nearest the county seat of the county in |
9 | | which the property
is located. If the owners and parties |
10 | | interested in the property upon diligent
inquiry are unknown to |
11 | | the purchaser or his or her assignee, the publication as
to |
12 | | such owner or party interested, may be made to unknown owners |
13 | | or parties
interested. Any notice by publication given under |
14 | | this Section shall be given
3 times at any time after filing a |
15 | | petition for tax deed, but not less than 3
months nor more than |
16 | | 6 months prior to the expiration of the period of
redemption. |
17 | | The publication notice shall be identical to the fully |
18 | | completed form provided in Section 22-10 shall contain (a) |
19 | | notice of the filing of the
petition for tax deed, (b) the date |
20 | | on which the petitioner intends to make
application for an |
21 | | order on the petition that a tax deed issue, (c) a
description |
22 | | of the property, (d) the date upon which the property was sold, |
23 | | (e)
the taxes or special assessments for which it was sold and |
24 | | (f) the date on
which the period of redemption will expire . The |
25 | | publication shall not include
more than one property listed and |
26 | | sold in one description, except as provided
in Section 21-90, |
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1 | | and except that when
more than one property is owned by one |
2 | | person, all of the parcels owned by that
person may be included |
3 | | in one notice.
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4 | | The changes to this Section made by Public Act 95-477
apply |
5 | | only to matters in which a petition for tax deed is filed on or |
6 | | after June 1, 2008 (the effective date of Public Act 95-477). |
7 | | (Source: P.A. 95-195, eff. 1-1-08; 95-477, eff. 6-1-08; 95-876, |
8 | | eff. 8-21-08.)
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9 | | (35 ILCS 200/22-25)
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10 | | Sec. 22-25. Mailed notice. In addition to the notice |
11 | | required to be served
not less than 3 months nor more than 6
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12 | | months prior to the expiration of the
period of redemption, the |
13 | | purchaser or his or her assignee shall prepare
and deliver to |
14 | | the clerk of the Circuit Court of the county in which the
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15 | | property is located, the notice provided for in this Section, |
16 | | together with the
statutory costs for mailing the notice by |
17 | | both certified mail, return receipt
requested , and first class |
18 | | mail . The form of notice to be mailed by the clerk shall be
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19 | | identical in form to that provided by Section 22-10 for service |
20 | | upon owners
residing upon the property sold, except that it |
21 | | shall bear the signature of the
clerk instead of the name of |
22 | | the purchaser or assignee and shall designate the parties to |
23 | | whom it is to
be mailed. The clerk may furnish the form. The |
24 | | clerk
shall promptly mail the notices delivered to him or her |
25 | | by both certified mail,
return receipt requested , and first |
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1 | | class mail . The certificate of the clerk that he or she has
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2 | | mailed the notices, together with the return receipts, shall be |
3 | | filed
in and made a part of the court record. The notices shall |
4 | | be
mailed to the owners of the property at their last known |
5 | | addresses, and
to those persons who are entitled to service of |
6 | | notice as occupants.
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7 | | The changes to this Section made by this amendatory Act of |
8 | | the 97th General Assembly shall be construed as being |
9 | | declaratory of existing law and not as a new enactment. |
10 | | (Source: P.A. 97-557, eff. 7-1-12 .)
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11 | | (35 ILCS 200/22-45)
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12 | | Sec. 22-45. Tax deed incontestable unless order appealed or |
13 | | relief
petitioned. Tax deeds issued under Section 22-40 are
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14 | | incontestable except by
appeal from the order of the court |
15 | | directing the county clerk to issue the tax
deed. However, |
16 | | relief from such order may be had under Sections 2-1203 or |
17 | | 2-1401
of the Code of Civil Procedure in the same manner and to |
18 | | the same extent as
may be had under those Sections with respect |
19 | | to final orders and judgments in
other proceedings. The grounds |
20 | | for relief under Section 2-1401 shall be
limited to:
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21 | | (1) proof that the taxes were paid prior to sale;
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22 | | (2) proof that the property was exempt from taxation;
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23 | | (3) proof by clear and convincing evidence that the tax |
24 | | deed had been
procured by fraud or deception by the tax |
25 | | purchaser or his or her assignee; or
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1 | | (4) proof by a person or party holding a recorded |
2 | | ownership or other
recorded interest in the property that |
3 | | he or she was not named as a
party in the publication |
4 | | notice as required by set forth in Section 22-20, and that |
5 | | the tax
purchaser or his or her assignee did not make a |
6 | | diligent inquiry and effort to
serve that person or party |
7 | | with the notices required by Sections 22-10 through
22-30.
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8 | | In cases of the sale of homestead property in counties with |
9 | | 3,000,000
or more inhabitants, a tax deed may also be voided by |
10 | | the court upon petition,
filed not more than 3 months after an |
11 | | order for tax deed was entered, if the
court finds that the |
12 | | property was owner occupied on the expiration date of the
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13 | | period of redemption and that the order for deed was |
14 | | effectuated pursuant to a
negligent or willful error made by an |
15 | | employee of the county clerk or county
collector during the |
16 | | period of redemption from the sale that was reasonably
relied |
17 | | upon to the detriment of any person having a redeemable |
18 | | interest. In
such a case, the tax purchaser shall be entitled |
19 | | to the original amount
required to redeem the property plus |
20 | | interest from the sale as of the last date
of redemption |
21 | | together with costs actually expended subsequent to the
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22 | | expiration of the period of redemption and reasonable |
23 | | attorney's fees, all of
which shall be dispensed from the fund |
24 | | created by Section 21-295.
In those cases of error where the |
25 | | court vacates the tax deed, it may award the
petitioner |
26 | | reasonable attorney's fees and court costs actually expended,
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1 | | payable from that fund. The court hearing a petition filed |
2 | | under this Section
or Section 2-1401 of the Code of Civil |
3 | | Procedure may concurrently hear a
petition filed under Section |
4 | | 21-295 and may grant relief under any Section.
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5 | | This amendatory Act of the 95th General Assembly shall be |
6 | | construed as being declarative of existing law and not as a new |
7 | | enactment.
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8 | | (Source: P.A. 95-477, eff. 6-1-08 .)
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9 | | Section 99. Effective date. This Act takes effect upon |
10 | | becoming law.".
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