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,
3by replacing everything after the enacting clause with the
4following:
 
5    "Section 5. The Property Tax Code is amended by changing
6Sections 22-5, 22-10, 22-15, 22-20, 22-25, and 22-45 as
7follows:
 
8    (35 ILCS 200/22-5)
9    Sec. 22-5. Notice of sale and redemption rights. In order
10to be entitled to a tax deed, within 4 months and 15 days after
11any sale held under this Code, the purchaser or his or her
12assignee shall deliver to the county clerk a notice to be given
13to the party in whose name the taxes are last assessed as shown
14by the most recent tax collector's warrant books, in at least
1510 point type with headings in bold type, in the following form
16completely 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
11Property located at .........................................
12Legal Description or Property Index No. .....................
13.............................................................
14.............................................................
15    This notice is to advise you that the above property has
16been sold for delinquent taxes and that the period of
17redemption from the sale will expire on .....................
18    This notice is also to advise you that a petition will be
19filed for a tax deed which will transfer title and the right to
20possession of this property if redemption is not made on or
21before ......................................................
22    At the date of this notice the total amount which you must
23pay 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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1applying to the County Clerk of .... County, Illinois at the
2Office of the County Clerk in ...., Illinois.
3    The above amount is subject to increase at 6 month
4intervals from the date of sale. Check with the county clerk as
5to the exact amount you owe before redeeming. Payment must be
6made by certified check, cashier's check, money order, or in
7cash.
8    In addition, the notice must contain the following
9information in 10 point bold type:
10    FOR FURTHER INFORMATION CONTACT THE COUNTY CLERK OF (INSERT
11COUNTY), ILLINOIS IMMEDIATELY: For further information contact
12the County Clerk
13ADDRESS:............................
14TELEPHONE:..........................
 
15
...............................
16
Purchaser or Assignee
17
Dated (insert date).

 
18    Within 10 days after receipt of said notice, the county
19clerk shall mail to the addresses supplied by the purchaser or
20assignee, by both registered or certified mail and first class
21mail, copies of said notice to the party in whose name the
22taxes are last assessed as shown by the most recent tax
23collector's warrant books. The purchaser or assignee shall pay
24to the clerk postage plus the sum of $10. The clerk shall write

 

 

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1or stamp the date of receiving the notices upon the copies of
2the notices, and retain one copy.
3    The changes to this Section made by Public Act 97-557 this
4amendatory Act of the 97th General Assembly apply only to tax
5sales that occur on or after July 1, 2012 (the effective date
6of Public Act 97-557) this amendatory Act of the 97th General
7Assembly.
8    The changes made to this Section by this amendatory Act of
9the 99th General Assembly apply only to tax sales that occur on
10or after the effective date of this amendatory Act of the 99th
11General 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
15purchaser or assignee shall not be entitled to a tax deed to
16the property sold unless, not less than 3 months nor more than
176 months prior to the expiration of the period of redemption,
18he or she gives notice of the sale and the date of expiration
19of the period of redemption to the owners, occupants, and
20parties interested in the property, including any mortgagee of
21record, as provided below.
22    The Notice to be given to the parties shall be in at least
2310 point type with headings in bold type, in the following form
24completely filled in:
25TAX 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
11Property located at .........................................
12Legal Description or Property Index No. .....................
13.............................................................
14.............................................................
15    This notice is to advise you that the above property has
16been sold for delinquent taxes and that the period of
17redemption from the sale will expire on .....................
18.............................................................
19    The amount to redeem is subject to increase at 6 month
20intervals from the date of sale and may be further increased if
21the purchaser at the tax sale or his or her assignee pays any
22subsequently accruing taxes or special assessments to redeem
23the property from subsequent forfeitures or tax sales. Check
24with the county clerk as to the exact amount you owe before
25redeeming.
26    This notice is also to advise you that a petition has been

 

 

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1filed for a tax deed which will transfer title and the right to
2possession of this property if redemption is not made on or
3before ......................................................
4    This matter is set for hearing in the Circuit Court of this
5county in ...., Illinois on .....
6    You may be present at this hearing but your right to redeem
7will 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
11applying to the County Clerk of ...., County, Illinois at the
12Office of the County Clerk in ...., Illinois.
13    In addition, the notice must contain the following
14information in 10 point bold type:
15    FOR FURTHER INFORMATION CONTACT THE COUNTY CLERK OF (INSERT
16COUNTY), ILLINOIS IMMEDIATELY For further information contact
17the County Clerk
18ADDRESS:....................
19TELEPHONE:..................
 
20
..........................
21
Purchaser or Assignee.
22
Dated (insert date).

 
23    In counties with 3,000,000 or more inhabitants, the notice
24shall also state the address, room number and time at which the

 

 

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1matter is set for hearing.
2    The changes to this Section made by Public Act 97-557 this
3amendatory Act of the 97th General Assembly apply only to
4matters in which a petition for tax deed is filed on or after
5July 1, 2012 (the effective date of Public Act 97-557) this
6amendatory Act of the 97th General Assembly.
7    The changes made to this Section by this amendatory Act of
8the 99th General Assembly apply only to tax sales that occur on
9or after the effective date of this amendatory Act of the 99th
10General 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
14his or her assignee shall give the notice required by Section
1522-10 by causing it to be published in a newspaper as set forth
16in Section 22-20. In addition, the notice shall be served by a
17sheriff (or if he or she is disqualified, by a coroner) of the
18county in which the property, or any part thereof, is located
19or, except in Cook County, by a person who is licensed or
20registered as a private detective under the Private Detective,
21Private Alarm, Private Security, Fingerprint Vendor, and
22Locksmith Act of 2004 upon owners who reside on any part of the
23property sold by leaving a copy of the notice with those owners
24personally and by conspicuously and securely posting the notice
25on or immediately adjacent to a principal entry door to the

 

 

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1property.
2    In counties of 3,000,000 or more inhabitants where a taxing
3district is a petitioner for tax deed pursuant to Section
421-90, in lieu of service by the sheriff or coroner the notice
5may be served by a special process server appointed by the
6circuit court as provided in this Section. The taxing district
7may move prior to filing one or more petitions for tax deed for
8appointment of such a special process server. The court, upon
9being satisfied that the person named in the motion is at least
1018 years of age and is capable of serving notice as required
11under this Code, shall enter an order appointing such person as
12a special process server for a period of one year. The
13appointment may be renewed for successive periods of one year
14each by motion and order, and a copy of the original and any
15subsequent order shall be filed in each tax deed case in which
16a notice is served by the appointed person. Delivery of the
17notice to and service of the notice by the special process
18server shall have the same force and effect as its delivery to
19and service by the sheriff or coroner.
20    The same form of notice shall also be served, in the manner
21set forth under Sections 2-203, 2-204, 2-205, 2-205.1, and
222-211 of the Code of Civil Procedure, upon all other owners and
23parties interested in the property, if upon diligent inquiry
24they can be found in the county, and upon the occupants of the
25property.
26    If the property sold has more than 4 dwellings or other

 

 

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1rental units, and has a managing agent or party who collects
2rents, that person shall be deemed the occupant and shall be
3served with notice instead of the occupants of the individual
4units. If the property has no dwellings or rental units, but
5economic or recreational activities are carried on therein, the
6person directing such activities shall be deemed the occupant.
7Holders of rights of entry and possibilities of reverter shall
8not be deemed parties interested in the property.
9    When a party interested in the property is a trustee,
10notice served upon the trustee shall be deemed to have been
11served upon any beneficiary or note holder thereunder unless
12the holder of the note is disclosed of record.
13    When a judgment is a lien upon the property sold, the
14holder of the lien shall be served with notice if the name of
15the judgment debtor as shown in the transcript, certified copy
16or memorandum of judgment filed of record is identical, as to
17given name and surname, with the name of the party interested
18as it appears of record.
19    If any owner or party interested, upon diligent inquiry and
20effort, cannot be found or served with notice in the county as
21provided in this Section, and the person in actual occupancy
22and possession is tenant to, or in possession under the owners
23or the parties interested in the property, then service of
24notice upon the tenant, occupant or person in possession shall
25be deemed service upon the owners or parties interested.
26    If any owner or party interested, upon diligent inquiry and

 

 

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1effort cannot be found or served with notice in the county,
2then the person making the service shall cause a copy of the
3notice to be sent by both registered or certified mail, return
4receipt requested, and first class mail, to that party at his
5or her residence, if ascertainable.
6    The changes to this Section made by Public Act 95-477 apply
7only to matters in which a petition for tax deed is filed on or
8after June 1, 2008 (the effective date of Public Act 95-477).
9    The changes made to this Section by this amendatory Act of
10the 99th General Assembly apply only to tax sales that occur on
11or after the effective date of this amendatory Act of the 99th
12General Assembly.
13(Source: P.A. 95-195, eff. 1-1-08; 95-477, eff. 6-1-08; 95-876,
14eff. 8-21-08.)
 
15    (35 ILCS 200/22-20)
16    Sec. 22-20. Proof of service of notice; publication of
17notice. The sheriff or coroner serving notice under Section
1822-15 shall endorse his or her return thereon and file it with
19the Clerk of the Circuit Court and it shall be a part of the
20court record. A private detective or a special process server
21appointed under Section 22-15 shall make his or her return by
22affidavit and shall file it with the Clerk of the Circuit
23Court, where it shall be a part of the court record. If a
24sheriff, private detective, special process server, or coroner
25to whom any notice is delivered for service, neglects or

 

 

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1refuses to make the return, the purchaser or his or her
2assignee may petition the court to enter a rule requiring the
3sheriff, private detective, special process server, or coroner
4to make return of the notice on a day to be fixed by the court,
5or to show cause on that day why he or she should not be
6attached for contempt of the court. The purchaser or assignee
7shall cause a written notice of the rule to be served upon the
8sheriff, private detective, special process server, or
9coroner. If good and sufficient cause to excuse the sheriff,
10private detective, special process server, or coroner is not
11shown, the court shall adjudge him or her guilty of a contempt,
12and shall proceed to punish him as in other cases of contempt.
13    If the property is located in a municipality in a county
14with less than 3,000,000 inhabitants, the purchaser or his or
15her assignee shall also publish a notice as to the owner or
16party interested, in some newspaper published in the
17municipality. If the property is not in a municipality in a
18county with less than 3,000,000 inhabitants, or if no newspaper
19is published therein, or if the property is in a county with
203,000,000 or more inhabitants, the notice shall be published in
21some newspaper in the county. If no newspaper is published in
22the county, then the notice shall be published in the newspaper
23that is published nearest the county seat of the county in
24which the property is located. If the owners and parties
25interested in the property upon diligent inquiry are unknown to
26the purchaser or his or her assignee, the publication as to

 

 

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1such owner or party interested, may be made to unknown owners
2or parties interested. Any notice by publication given under
3this Section shall be given 3 times at any time after filing a
4petition for tax deed, but not less than 3 months nor more than
56 months prior to the expiration of the period of redemption.
6The publication shall contain (a) notice of the filing of the
7petition for tax deed, (b) the date on which the petitioner
8intends to make application for an order on the petition that a
9tax deed issue, (c) a description of the property, (d) the date
10upon which the property was sold, (e) the taxes or special
11assessments for which it was sold and (f) the date on which the
12period of redemption will expire. The publication shall not
13include more than one property listed and sold in one
14description, except as provided in Section 21-90, and except
15that when more than one property is owned by one person, all of
16the parcels owned by that person may be included in one notice.
17    The publication shall contain: (1) the name or names of the
18person or party holding a recorded ownership or recorded
19interest in the property; (2) the property address; (3) the
20language "THIS PROPERTY HAS BEEN SOLD FOR DELINQUENT TAXES" in
21bold capital letters and in not less than 8 point type; (4)
22notice of the filing of the petition for tax deed; (5) the date
23on which the petitioner intends to make application for an
24order on the petition that a tax deed issue; (6) a description
25of 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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1sold; (9) the date on which the period of redemption will
2expire; (10) the language "YOU ARE URGED TO REDEEM IMMEDIATELY
3TO PREVENT LOSS OF PROPERTY. FOR FURTHER INFORMATION CONTACT
4THE COUNTY CLERK OF (INSERT COUNTY, IL) IMMEDIATELY" in bold
5capital letters and in not less than 8 point type; and (11) the
6address and telephone number of the office of the county clerk
7in bold capital letters and in not less than 8 point type.
8    The changes to this Section made by Public Act 95-477 apply
9only to matters in which a petition for tax deed is filed on or
10after June 1, 2008 (the effective date of Public Act 95-477).
11    The changes made to this Section by this amendatory Act of
12the 99th General Assembly apply only to tax sales that occur on
13or after the effective date of this amendatory Act of the 99th
14General Assembly.
15(Source: P.A. 95-195, eff. 1-1-08; 95-477, eff. 6-1-08; 95-876,
16eff. 8-21-08.)
 
17    (35 ILCS 200/22-25)
18    Sec. 22-25. Mailed notice. In addition to the notice
19required to be served not less than 3 months nor more than 6
20months prior to the expiration of the period of redemption, the
21purchaser or his or her assignee shall prepare and deliver to
22the clerk of the Circuit Court of the county in which the
23property is located, the notice provided for in this Section,
24together with the statutory costs for mailing the notice by
25both certified mail, return receipt requested, and first class

 

 

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1mail. The form of notice to be mailed by the clerk shall be
2identical in form to that provided by Section 22-10 for service
3upon owners residing upon the property sold, except that it
4shall bear the signature of the clerk instead of the name of
5the purchaser or assignee and shall designate the parties to
6whom it is to be mailed. The clerk may furnish the form. The
7clerk shall promptly mail the notices delivered to him or her
8by both certified mail, return receipt requested, and first
9class mail. The certificate of the clerk that he or she has
10mailed the notices, together with the return receipts, shall be
11filed in and made a part of the court record. The notices shall
12be mailed to the owners of the property at their last known
13addresses, and to those persons who are entitled to service of
14notice as occupants.
15    The changes to this Section made by Public Act 97-557 this
16amendatory Act of the 97th General Assembly shall be construed
17as being declaratory of existing law and not as a new
18enactment.
19    The changes made to this Section by this amendatory Act of
20the 99th General Assembly apply only to tax sales that occur on
21or after the effective date of this amendatory Act of the 99th
22General 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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1relief petitioned. Tax deeds issued under Section 22-40 are
2incontestable except by appeal from the order of the court
3directing the county clerk to issue the tax deed. However,
4relief from such order may be had under Sections 2-1203 or
52-1401 of the Code of Civil Procedure in the same manner and to
6the same extent as may be had under those Sections with respect
7to final orders and judgments in other proceedings. The grounds
8for 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
223,000,000 or more inhabitants, a tax deed may also be voided by
23the court upon petition, filed not more than 3 months after an
24order for tax deed was entered, if the court finds that the
25property was owner occupied on the expiration date of the
26period of redemption and that the order for deed was

 

 

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1effectuated pursuant to a negligent or willful error made by an
2employee of the county clerk or county collector during the
3period of redemption from the sale that was reasonably relied
4upon to the detriment of any person having a redeemable
5interest. In such a case, the tax purchaser shall be entitled
6to the original amount required to redeem the property plus
7interest from the sale as of the last date of redemption
8together with costs actually expended subsequent to the
9expiration of the period of redemption and reasonable
10attorney's fees, all of which shall be dispensed from the fund
11created by Section 21-295. In those cases of error where the
12court vacates the tax deed, it may award the petitioner
13reasonable attorney's fees and court costs actually expended,
14payable from that fund. The court hearing a petition filed
15under this Section or Section 2-1401 of the Code of Civil
16Procedure may concurrently hear a petition filed under Section
1721-295 and may grant relief under any Section.
18    Public Act 95-477 This amendatory Act of the 95th General
19Assembly shall be construed as being declarative of existing
20law and not as a new enactment.
21    The changes made to this Section by this amendatory Act of
22the 99th General Assembly apply only to tax sales that occur on
23or after the effective date of this amendatory Act of the 99th
24General 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
2becoming law.".