Full Text of SB1525 99th General Assembly
SB1525sam002 99TH GENERAL ASSEMBLY | Sen. Pat McGuire Filed: 4/15/2016
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| 1 | | AMENDMENT TO SENATE BILL 1525
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1525, AS AMENDED, | 3 | | by replacing everything after the enacting clause with the | 4 | | following:
| 5 | | "Section 5. The Property Tax Code is amended by changing | 6 | | Sections 22-5, 22-10, 22-15, 22-20, 22-25, and 22-45 as | 7 | | follows:
| 8 | | (35 ILCS 200/22-5)
| 9 | | Sec. 22-5. Notice of sale and redemption rights. In order | 10 | | to be
entitled to a tax deed, within 4 months and 15 days after | 11 | | any
sale held under this Code, the purchaser
or his or her | 12 | | assignee shall deliver to the county clerk a notice
to be given | 13 | | to the party in whose name the taxes are last assessed as
shown | 14 | | by the most recent tax collector's warrant books, in at least | 15 | | 10
point type with headings in bold type, in the following form | 16 | | completely filled in:
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| 1 | | TAKE NOTICE
| 2 | | County of ...............................................
| 3 | | Date Premises Sold ......................................
| 4 | | Certificate No. .........................................
| 5 | | Sold for General Taxes of (year) ........................
| 6 | | Sold for Special Assessment of (Municipality)
| 7 | | and special assessment number ...........................
| 8 | | Warrant No. ............... Inst. No. .................
| 9 | | THIS PROPERTY HAS BEEN SOLD FOR
| 10 | | DELINQUENT TAXES
| 11 | | Property located at .........................................
| 12 | | Legal Description or Property Index No. .....................
| 13 | | .............................................................
| 14 | | .............................................................
| 15 | | This notice is to advise you that the above property has | 16 | | been
sold for delinquent taxes and that the period of | 17 | | redemption from
the sale will expire on .....................
| 18 | | This notice is also to advise you that a petition will be | 19 | | filed for a
tax deed which will transfer title and the right to | 20 | | possession of this
property if redemption is not made on or | 21 | | before ......................................................
| 22 | | At the date of this notice the total amount which you must | 23 | | pay in order
to redeem the above property is ................
| 24 | | YOU ARE URGED TO REDEEM IMMEDIATELY TO
| 25 | | PREVENT LOSS OF PROPERTY
| 26 | | Redemption can be made at any time on or before .... by |
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| 1 | | applying to
the County Clerk of .... County, Illinois at the | 2 | | Office of the County Clerk in
...., Illinois.
| 3 | | The above amount is subject to increase at 6 month | 4 | | intervals from the
date of sale. Check with the county clerk as | 5 | | to the exact amount you owe
before redeeming. Payment must be | 6 | | made by certified check, cashier's check,
money order, or in | 7 | | cash.
| 8 | | In addition, the notice must contain the following | 9 | | information in 10 point bold type: | 10 | | FOR FURTHER INFORMATION CONTACT THE COUNTY CLERK OF (INSERT | 11 | | COUNTY), ILLINOIS IMMEDIATELY: For further information contact | 12 | | the County Clerk
| 13 | | ADDRESS:............................
| 14 | | TELEPHONE:..........................
| 15 | | ...............................
| 16 | | Purchaser or Assignee
| 17 | | Dated (insert date).
| 18 | | Within 10 days after receipt of said notice, the county | 19 | | clerk shall mail
to the addresses supplied by the purchaser or | 20 | | assignee, by both registered or
certified mail and first class | 21 | | mail , copies of said notice to the party in whose name the | 22 | | taxes
are last assessed as shown by the most recent tax | 23 | | collector's warrant books.
The purchaser or assignee shall pay | 24 | | to the clerk postage plus the sum of $10.
The clerk shall write |
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| 1 | | or stamp the date of receiving the notices upon the
copies of | 2 | | the notices, and retain one copy.
| 3 | | The changes to this Section made by Public Act 97-557 this | 4 | | amendatory Act of the 97th General Assembly apply only to tax | 5 | | sales that occur on or after July 1, 2012 ( the effective date | 6 | | of Public Act 97-557) this amendatory Act of the 97th General | 7 | | Assembly . | 8 | | The changes made to this Section by this amendatory Act of
| 9 | | the 99th General Assembly apply only to tax sales that occur on
| 10 | | or after the effective date of this amendatory Act of the 99th
| 11 | | General Assembly. | 12 | | (Source: P.A. 97-557, eff. 7-1-12 .)
| 13 | | (35 ILCS 200/22-10)
| 14 | | Sec. 22-10. Notice of expiration of period of redemption. A | 15 | | purchaser or assignee shall not be entitled to a tax deed to | 16 | | the
property sold unless, not less than 3 months nor more than | 17 | | 6 months prior to
the expiration of the period of redemption, | 18 | | he or she gives notice of the
sale and the date of expiration | 19 | | of the period of redemption to the
owners, occupants, and | 20 | | parties interested in the property, including any
mortgagee of | 21 | | record, as provided below.
| 22 | | The Notice to be given to the parties shall be in at least | 23 | | 10 point
type with headings in bold type, in the following form | 24 | | completely filled in:
| 25 | | TAX DEED NO. .................... FILED ....................
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| 1 | | TAKE NOTICE
| 2 | | County of ...............................................
| 3 | | Date Premises Sold ......................................
| 4 | | Certificate No. ........................................
| 5 | | Sold for General Taxes of (year) ........................
| 6 | | Sold for Special Assessment of (Municipality)
| 7 | | and special assessment number ...........................
| 8 | | Warrant No. ................ Inst. No. .................
| 9 | | THIS PROPERTY HAS BEEN SOLD FOR
| 10 | | DELINQUENT TAXES
| 11 | | Property located at .........................................
| 12 | | Legal Description or Property Index No. .....................
| 13 | | .............................................................
| 14 | | .............................................................
| 15 | | This notice is to advise you that the above property has
| 16 | | been sold for delinquent taxes and that the period of
| 17 | | redemption from the sale will expire on .....................
| 18 | | .............................................................
| 19 | | The amount to redeem is subject to increase at 6 month | 20 | | intervals from
the date of sale and may be further increased if | 21 | | the purchaser at the tax
sale or his or her assignee pays any | 22 | | subsequently accruing taxes or special
assessments to redeem | 23 | | the property from subsequent forfeitures or tax sales.
Check | 24 | | with the county clerk as to the exact amount you owe before | 25 | | redeeming.
| 26 | | This notice is also to advise you that a petition has been |
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| 1 | | filed for
a tax deed which will transfer title and the right to | 2 | | possession of this
property if redemption is not made on or | 3 | | before ......................................................
| 4 | | This matter is set for hearing in the Circuit Court of this | 5 | | county in
...., Illinois on .....
| 6 | | You may be present at this hearing but your right to redeem | 7 | | will
already have expired at that time.
| 8 | | YOU ARE URGED TO REDEEM IMMEDIATELY
| 9 | | TO PREVENT LOSS OF PROPERTY
| 10 | | Redemption can be made at any time on or before .... by | 11 | | applying to
the County Clerk of ...., County, Illinois at the | 12 | | Office of the County Clerk in
...., Illinois.
| 13 | | In addition, the notice must contain the following | 14 | | information in 10 point bold type: | 15 | | FOR FURTHER INFORMATION CONTACT THE COUNTY CLERK OF (INSERT | 16 | | COUNTY), ILLINOIS IMMEDIATELY For further information contact | 17 | | the County Clerk
| 18 | | ADDRESS:....................
| 19 | | TELEPHONE:..................
| 20 | | ..........................
| 21 | | Purchaser or Assignee.
| 22 | | Dated (insert date).
| 23 | | In counties with 3,000,000 or more inhabitants, the notice | 24 | | shall also state
the address, room number and time at which the |
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| 1 | | matter is set for hearing.
| 2 | | The changes to this Section made by Public Act 97-557 this | 3 | | amendatory Act of the 97th General Assembly apply only to | 4 | | matters in which a petition for tax deed is filed on or after | 5 | | July 1, 2012 ( the effective date of Public Act 97-557) this | 6 | | amendatory Act of the 97th General Assembly .
| 7 | | The changes made to this Section by this amendatory Act of
| 8 | | the 99th General Assembly apply only to tax sales that occur on
| 9 | | or after the effective date of this amendatory Act of the 99th
| 10 | | General Assembly. | 11 | | (Source: P.A. 97-557, eff. 7-1-12 .)
| 12 | | (35 ILCS 200/22-15)
| 13 | | Sec. 22-15. Service and posting of notice. The purchaser or | 14 | | his or her assignee shall
give the notice required by Section | 15 | | 22-10 by causing it to be published in a
newspaper as set forth | 16 | | in Section 22-20. In addition, the notice shall be
served by a | 17 | | sheriff (or if he or she is disqualified, by a coroner) of the
| 18 | | county in which the property, or any part thereof, is located | 19 | | or, except in Cook County, by a person who is licensed or | 20 | | registered as a private detective under the Private Detective, | 21 | | Private Alarm, Private Security, Fingerprint Vendor, and | 22 | | Locksmith Act of 2004 upon owners who
reside on any part of the | 23 | | property sold by leaving a copy of the notice with
those owners | 24 | | personally and by conspicuously and securely posting the notice | 25 | | on or immediately adjacent to a principal entry door to the |
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| 1 | | property .
| 2 | | In counties of 3,000,000 or more inhabitants where a taxing | 3 | | district is a
petitioner for tax deed pursuant to Section | 4 | | 21-90, in lieu of service by the
sheriff or coroner the notice | 5 | | may be served by a special process server
appointed by the | 6 | | circuit court as provided in this Section. The taxing
district | 7 | | may move prior to filing one or more petitions for tax deed for
| 8 | | appointment of such a special process server. The court, upon | 9 | | being satisfied
that the person named in the motion is at least | 10 | | 18 years of age and is capable
of serving notice as required | 11 | | under this Code, shall enter an order appointing
such person as | 12 | | a special process server for a period of one year. The
| 13 | | appointment may be renewed for successive periods of one year | 14 | | each by motion
and order, and a copy of the original and any | 15 | | subsequent order shall be filed
in each tax deed case in which | 16 | | a notice is served by the appointed person.
Delivery of the | 17 | | notice to and service of the notice by the special process
| 18 | | server shall have the same force and effect as its delivery to | 19 | | and service by
the sheriff or coroner.
| 20 | | The same form of notice shall also be served, in the manner | 21 | | set forth under Sections 2-203,
2-204, 2-205, 2-205.1, and | 22 | | 2-211 of the Code of Civil
Procedure, upon all other owners and
| 23 | | parties interested in the property, if upon diligent inquiry | 24 | | they can be found
in the county, and upon the occupants of the | 25 | | property.
| 26 | | If the property sold has more than 4 dwellings or other |
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| 1 | | rental units, and
has a managing agent or party who collects | 2 | | rents, that person
shall be deemed the occupant and shall be | 3 | | served with notice instead of
the occupants of the individual | 4 | | units. If the property has no
dwellings or rental units, but | 5 | | economic or recreational activities are
carried on therein, the | 6 | | person directing such activities shall be deemed
the occupant. | 7 | | Holders of rights of entry and possibilities of reverter
shall | 8 | | not be deemed parties interested in the property.
| 9 | | When a party interested in the property is a trustee, | 10 | | notice served upon the
trustee shall be deemed to have been | 11 | | served upon any beneficiary or note
holder thereunder unless | 12 | | the holder of the note is disclosed of record.
| 13 | | When a judgment is a lien upon the property sold, the | 14 | | holder
of the lien shall be served with notice if the name of | 15 | | the judgment debtor as
shown in the transcript, certified copy | 16 | | or memorandum of judgment
filed of record is identical, as to | 17 | | given name and surname, with the
name of the party interested | 18 | | as it appears of record.
| 19 | | If any owner or party interested, upon diligent inquiry and | 20 | | effort,
cannot be found or served with notice in the county as | 21 | | provided in this
Section, and the person in actual occupancy | 22 | | and possession is tenant to, or in
possession under the owners | 23 | | or the parties interested in the property, then
service of | 24 | | notice upon the tenant, occupant or person in possession
shall | 25 | | be deemed service upon the owners or parties interested.
| 26 | | If any owner or party interested, upon diligent inquiry and |
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| 1 | | effort
cannot be found or served with notice in the county, | 2 | | then the person making the
service shall cause a copy of the | 3 | | notice to be sent by
both registered or certified mail, return
| 4 | | receipt requested, and first class mail, to that party at his | 5 | | or her residence, if ascertainable.
| 6 | | The changes to this Section made by Public Act 95-477
apply | 7 | | only to matters in which a petition for tax deed is filed on or | 8 | | after June 1, 2008 (the effective date of Public Act 95-477).
| 9 | | The changes made to this Section by this amendatory Act of
| 10 | | the 99th General Assembly apply only to tax sales that occur on
| 11 | | or after the effective date of this amendatory Act of the 99th
| 12 | | General Assembly. | 13 | | (Source: P.A. 95-195, eff. 1-1-08; 95-477, eff. 6-1-08; 95-876, | 14 | | eff. 8-21-08.)
| 15 | | (35 ILCS 200/22-20)
| 16 | | Sec. 22-20. Proof of service of notice; publication of | 17 | | notice. The sheriff or coroner serving notice under Section | 18 | | 22-15 shall
endorse his or
her return thereon and file it with | 19 | | the Clerk of the Circuit Court and it shall
be a part of the | 20 | | court record. A private detective or a special process server | 21 | | appointed under
Section
22-15 shall make his or her return by | 22 | | affidavit and shall file it with the
Clerk of the Circuit | 23 | | Court, where it shall be a part of the court record. If
a | 24 | | sheriff, private detective, special process server, or coroner | 25 | | to whom any notice is
delivered for service, neglects or |
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| 1 | | refuses to make the return, the purchaser or
his or her | 2 | | assignee may petition the court to enter a rule requiring the
| 3 | | sheriff, private detective, special process server, or coroner | 4 | | to make return of the notice on
a day to be fixed by the
court, | 5 | | or to show cause on that day why he or she should not be | 6 | | attached for
contempt of the court. The purchaser or assignee | 7 | | shall cause a written notice
of the rule to be served upon the | 8 | | sheriff, private detective, special process server, or
| 9 | | coroner. If good and sufficient cause to excuse the sheriff, | 10 | | private detective, special process
server, or coroner is not | 11 | | shown, the court shall adjudge him or her guilty of
a contempt, | 12 | | and shall proceed to punish him as in other cases of contempt.
| 13 | | If the property is located in a municipality in a county | 14 | | with less than
3,000,000 inhabitants, the purchaser or his or | 15 | | her assignee shall also publish
a notice as to the owner or | 16 | | party interested, in some newspaper published in
the | 17 | | municipality. If the property is not in a municipality in a | 18 | | county with
less than 3,000,000 inhabitants, or if no newspaper | 19 | | is published therein, or
if the property is in a county with | 20 | | 3,000,000 or more inhabitants, the notice
shall be published in | 21 | | some newspaper in the county. If no newspaper is
published in | 22 | | the county, then the notice shall be published in the newspaper
| 23 | | that is published nearest the county seat of the county in | 24 | | which the property
is located. If the owners and parties | 25 | | interested in the property upon diligent
inquiry are unknown to | 26 | | the purchaser or his or her assignee, the publication as
to |
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| 1 | | such owner or party interested, may be made to unknown owners | 2 | | or parties
interested. Any notice by publication given under | 3 | | this Section shall be given
3 times at any time after filing a | 4 | | petition for tax deed, but not less than 3
months nor more than | 5 | | 6 months prior to the expiration of the period of
redemption. | 6 | | The publication shall contain (a) notice of the filing of the
| 7 | | petition for tax deed, (b) the date on which the petitioner | 8 | | intends to make
application for an order on the petition that a | 9 | | tax deed issue, (c) a
description of the property, (d) the date | 10 | | upon which the property was sold, (e)
the taxes or special | 11 | | assessments for which it was sold and (f) the date on
which the | 12 | | period of redemption will expire. The publication shall not | 13 | | include
more than one property listed and sold in one | 14 | | description, except as provided
in Section 21-90, and except | 15 | | that when
more than one property is owned by one person, all of | 16 | | the parcels owned by that
person may be included in one notice.
| 17 | | The publication shall contain: (1) the name or names of the | 18 | | person or party holding a recorded ownership or recorded | 19 | | interest in the property; (2) the property address; (3) the | 20 | | language "THIS PROPERTY HAS BEEN SOLD FOR DELINQUENT TAXES" in | 21 | | bold capital letters and in not less than 8 point type; (4) | 22 | | notice of the filing of the petition for tax deed; (5) the date | 23 | | on which the petitioner intends to make application for an | 24 | | order on the petition that a tax deed issue; (6) a description | 25 | | of the property; (7) the date upon which the property was sold; | 26 | | (8) the taxes or special assessment for which the property was |
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| 1 | | sold; (9) the date on which the period of redemption will | 2 | | expire; (10) the language "YOU ARE URGED TO REDEEM IMMEDIATELY | 3 | | TO PREVENT LOSS OF PROPERTY. FOR FURTHER INFORMATION CONTACT | 4 | | THE COUNTY CLERK OF (INSERT COUNTY, IL) IMMEDIATELY" in bold | 5 | | capital letters and in not less than 8 point type; and (11) the | 6 | | address and telephone number of the office of the county clerk
| 7 | | in bold capital letters and in not less than 8 point type. | 8 | | The changes to this Section made by Public Act 95-477
apply | 9 | | only to matters in which a petition for tax deed is filed on or | 10 | | after June 1, 2008 (the effective date of Public Act 95-477). | 11 | | The changes made to this Section by this amendatory Act of
| 12 | | the 99th General Assembly apply only to tax sales that occur on
| 13 | | or after the effective date of this amendatory Act of the 99th
| 14 | | General Assembly. | 15 | | (Source: P.A. 95-195, eff. 1-1-08; 95-477, eff. 6-1-08; 95-876, | 16 | | eff. 8-21-08.)
| 17 | | (35 ILCS 200/22-25)
| 18 | | Sec. 22-25. Mailed notice. In addition to the notice | 19 | | required to be served
not less than 3 months nor more than 6
| 20 | | months prior to the expiration of the
period of redemption, the | 21 | | purchaser or his or her assignee shall prepare
and deliver to | 22 | | the clerk of the Circuit Court of the county in which the
| 23 | | property is located, the notice provided for in this Section, | 24 | | together with the
statutory costs for mailing the notice by | 25 | | both certified mail, return receipt
requested , and first class |
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| 1 | | mail . The form of notice to be mailed by the clerk shall be
| 2 | | identical in form to that provided by Section 22-10 for service | 3 | | upon owners
residing upon the property sold, except that it | 4 | | shall bear the signature of the
clerk instead of the name of | 5 | | the purchaser or assignee and shall designate the parties to | 6 | | whom it is to
be mailed. The clerk may furnish the form. The | 7 | | clerk
shall promptly mail the notices delivered to him or her | 8 | | by both certified mail,
return receipt requested , and first | 9 | | class mail . The certificate of the clerk that he or she has
| 10 | | mailed the notices, together with the return receipts, shall be | 11 | | filed
in and made a part of the court record. The notices shall | 12 | | be
mailed to the owners of the property at their last known | 13 | | addresses, and
to those persons who are entitled to service of | 14 | | notice as occupants.
| 15 | | The changes to this Section made by Public Act 97-557 this | 16 | | amendatory Act of the 97th General Assembly shall be construed | 17 | | as being declaratory of existing law and not as a new | 18 | | enactment. | 19 | | The changes made to this Section by this amendatory Act of
| 20 | | the 99th General Assembly apply only to tax sales that occur on
| 21 | | or after the effective date of this amendatory Act of the 99th
| 22 | | General Assembly. | 23 | | (Source: P.A. 97-557, eff. 7-1-12 .)
| 24 | | (35 ILCS 200/22-45)
| 25 | | Sec. 22-45. Tax deed incontestable unless order appealed or |
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| 1 | | relief
petitioned. Tax deeds issued under Section 22-40 are
| 2 | | incontestable except by
appeal from the order of the court | 3 | | directing the county clerk to issue the tax
deed. However, | 4 | | relief from such order may be had under Sections 2-1203 or | 5 | | 2-1401
of the Code of Civil Procedure in the same manner and to | 6 | | the same extent as
may be had under those Sections with respect | 7 | | to final orders and judgments in
other proceedings. The grounds | 8 | | for relief under Section 2-1401 shall be
limited to:
| 9 | | (1) proof that the taxes were paid prior to sale;
| 10 | | (2) proof that the property was exempt from taxation;
| 11 | | (3) proof by clear and convincing evidence that the tax | 12 | | deed had been
procured by fraud or deception by the tax | 13 | | purchaser or his or her assignee; or
| 14 | | (4) proof by a person or party holding a recorded | 15 | | ownership or other
recorded interest in the property that | 16 | | he or she was not named as a
party in the publication | 17 | | notice as required by set forth in Section 22-20, and that | 18 | | the tax
purchaser or his or her assignee did not make a | 19 | | diligent inquiry and effort to
serve that person or party | 20 | | with the notices required by Sections 22-10 through
22-30.
| 21 | | In cases of the sale of homestead property in counties with | 22 | | 3,000,000
or more inhabitants, a tax deed may also be voided by | 23 | | the court upon petition,
filed not more than 3 months after an | 24 | | order for tax deed was entered, if the
court finds that the | 25 | | property was owner occupied on the expiration date of the
| 26 | | period of redemption and that the order for deed was |
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| 1 | | effectuated pursuant to a
negligent or willful error made by an | 2 | | employee of the county clerk or county
collector during the | 3 | | period of redemption from the sale that was reasonably
relied | 4 | | upon to the detriment of any person having a redeemable | 5 | | interest. In
such a case, the tax purchaser shall be entitled | 6 | | to the original amount
required to redeem the property plus | 7 | | interest from the sale as of the last date
of redemption | 8 | | together with costs actually expended subsequent to the
| 9 | | expiration of the period of redemption and reasonable | 10 | | attorney's fees, all of
which shall be dispensed from the fund | 11 | | created by Section 21-295.
In those cases of error where the | 12 | | court vacates the tax deed, it may award the
petitioner | 13 | | reasonable attorney's fees and court costs actually expended,
| 14 | | payable from that fund. The court hearing a petition filed | 15 | | under this Section
or Section 2-1401 of the Code of Civil | 16 | | Procedure may concurrently hear a
petition filed under Section | 17 | | 21-295 and may grant relief under any Section.
| 18 | | Public Act 95-477 This amendatory Act of the 95th General | 19 | | Assembly shall be construed as being declarative of existing | 20 | | law and not as a new enactment.
| 21 | | The changes made to this Section by this amendatory Act of
| 22 | | the 99th General Assembly apply only to tax sales that occur on
| 23 | | or after the effective date of this amendatory Act of the 99th
| 24 | | General Assembly. | 25 | | (Source: P.A. 95-477, eff. 6-1-08 .)
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| 1 | | Section 99. Effective date. This Act takes effect upon | 2 | | becoming law.".
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