Full Text of HB4940 97th General Assembly
HB4940sam001 97TH GENERAL ASSEMBLY | Sen. Don Harmon Filed: 5/21/2012
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| 1 | | AMENDMENT TO HOUSE BILL 4940
| 2 | | AMENDMENT NO. ______. Amend House Bill 4940 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Property Tax Code is amended by changing | 5 | | Sections 22-40 and 22-85 as follows:
| 6 | | (35 ILCS 200/22-40)
| 7 | | Sec. 22-40. Issuance of deed; possession.
| 8 | | (a) If the redemption period expires
and the property has | 9 | | not been redeemed and all taxes and special assessments
which | 10 | | became due and payable subsequent to the sale have been paid | 11 | | and all
forfeitures and sales which occur subsequent to the | 12 | | sale have been redeemed and
the notices required by law have | 13 | | been given and all advancements of public
funds under the | 14 | | police power made by a city, village or town under Section
| 15 | | 22-35 have been paid and the petitioner has complied with all | 16 | | the provisions of
law entitling him or her to a deed, the court |
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| 1 | | shall so find and shall enter an
order directing the county | 2 | | clerk on the production of the certificate of
purchase and a | 3 | | certified copy of the order, to issue to the purchaser or his | 4 | | or
her assignee a tax deed. The court shall insist on strict | 5 | | compliance with
Section 22-10 through 22-25 and substantial | 6 | | compliance with Section 22-5 . Prior to the entry of an order | 7 | | directing the
issuance of a tax deed, the petitioner shall | 8 | | furnish the court with a report of
proceedings of the evidence | 9 | | received on the application for tax deed and the
report of | 10 | | proceedings shall be filed and made a part of the court record.
| 11 | | (b) If taxes for years prior to the year or years sold are | 12 | | or become
delinquent subsequent to the date of sale, the court | 13 | | shall find
that the lien of those delinquent taxes has been or | 14 | | will be merged into the tax
deed grantee's title if the court | 15 | | determines that
the tax deed grantee or any prior holder of the | 16 | | certificate of purchase, or
any
person or entity under common | 17 | | ownership or control with any such grantee or
prior holder of | 18 | | the certificate of purchase, was at no time the holder of any
| 19 | | certificate of purchase for the years sought to be merged.
If | 20 | | delinquent taxes are merged into the tax deed pursuant to this | 21 | | subsection,
the court shall enter an order declaring which | 22 | | specific taxes have been or
will
be merged into the tax deed | 23 | | title and directing the county treasurer and county
clerk to | 24 | | reflect that declaration in the warrant and judgment records;
| 25 | | provided,
that no such order shall be effective until a tax | 26 | | deed has been issued and
timely recorded. Nothing contained in |
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| 1 | | this Section shall relieve any owner
liable for delinquent | 2 | | property taxes under this Code from the payment of the
taxes | 3 | | that have been merged into the title upon issuance of the tax | 4 | | deed.
| 5 | | (c) The county clerk is entitled to a fee of $10 in | 6 | | counties of
3,000,000 or more
inhabitants and $5 in counties | 7 | | with less than 3,000,000 inhabitants for the
issuance of the | 8 | | tax deed. The clerk may not include in a tax deed more than
one | 9 | | property as listed, assessed and sold in one description, | 10 | | except in cases
where several properties are owned by one | 11 | | person.
| 12 | | Upon application the court shall, enter an order to place | 13 | | the tax deed
grantee or the grantee's successor in interest in | 14 | | possession of the property and may enter orders and grant | 15 | | relief as
may be necessary or desirable to maintain the grantee | 16 | | or the grantee's successor in interest in possession.
| 17 | | (d) The court shall retain jurisdiction to enter orders | 18 | | pursuant to
subsections (b) and (c) of this Section. This | 19 | | amendatory Act of the 92nd
General Assembly and this amendatory | 20 | | Act of the 95th General Assembly shall be construed as being | 21 | | declarative of existing law
and not as a new enactment.
| 22 | | (Source: P.A. 95-477, eff. 6-1-08 .)
| 23 | | (35 ILCS 200/22-85)
| 24 | | Sec. 22-85. Failure to timely take out and record deed; | 25 | | deed is void.
Unless the holder of the certificate purchased |
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| 1 | | at any tax sale under this Code
takes out the deed in the time | 2 | | provided by law, and records the same within one
year from and | 3 | | after the date of the court finding, pursuant to Section 22-40, | 4 | | that the time for redemption has expired the time for | 5 | | redemption expires , the certificate or deed,
and the sale on | 6 | | which it is based, shall, after the expiration of that the one | 7 | | year
period, be absolutely void with no right to reimbursement. | 8 | | If the holder of
the certificate is prevented from obtaining a | 9 | | deed by injunction or order of
any court, or by the refusal or | 10 | | inability of any court to act upon the
application for a tax | 11 | | deed, or by the refusal of the clerk to execute the same
deed, | 12 | | the time he or she is so prevented shall be excluded from | 13 | | computation of
the one year period. Certificates of purchase | 14 | | and deeds executed by the clerk
shall recite the qualifications | 15 | | required in this Section.
| 16 | | (Source: P.A. 87-669; 88-455.)".
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