Full Text of HB3985 93rd General Assembly
HB3985sam001 93RD GENERAL ASSEMBLY
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Sen. Terry Link
Filed: 4/28/2004
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LRB093 14721 BDD 50227 a |
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| AMENDMENT TO HOUSE BILL 3985
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| AMENDMENT NO. ______. Amend House Bill 3985 as follows:
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| 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:
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| "(35 ILCS 200/22-15)
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| 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
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| 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
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| disqualified, by
a coroner) of the
county in which the | 16 |
| property, or any part thereof, is located upon owners who
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| reside on any part of the property sold by leaving a copy of | 18 |
| the notice with
those owners personally.
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| 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 |
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LRB093 14721 BDD 50227 a |
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| may move prior to filing one or more petitions for tax deed for
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| 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
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| 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
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| server shall have the same force and effect as its delivery to | 13 |
| and service by
the sheriff or coroner.
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| 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:
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| (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
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| 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;
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| (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.
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| 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 |
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LRB093 14721 BDD 50227 a |
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| 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.
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| 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.
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| 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.
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| 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.
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| 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
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| receipt requested, to that party at his or her residence, if | 28 |
| ascertainable.
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| (Source: P.A. 91-209, eff. 1-1-00; 91-554, eff. 8-14-99.)".
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