(35 ILCS 200/21-315)
Sec. 21-315. Refund of costs; interest on refund.
(a) If a sale in
error under Section 21-310, 22-35, or 22-50
is declared, the amount refunded
shall also include all costs paid by the owner of the
certificate of
purchase or his or her assignor which were posted to the tax judgment, sale,
redemption and forfeiture record, except that if the sale in error is declared under Section 22-50, in counties of 3,000,000 or more inhabitants the amount refunded shall not include the $100 fee paid in accordance with Section 21-330.
(b) In those cases which arise solely under grounds set forth in Section
21-310, the amount refunded shall also include
interest
on the refund of the amount paid
for the certificate of purchase, except as otherwise provided in this Section.
Interest shall be awarded and paid to the tax purchaser at the rate of 1% per
month from the date of sale to the date of payment, or in an amount equivalent
to the penalty interest which would be recovered on a redemption at the time of
payment pursuant to the order for sale in error, whichever is less. Interest
shall not be paid when the sale in error is made pursuant to Section 22-35, Section 22-50, subdivision (a)(5), (b)(1), (b)(2), or (b)(4) of Section 21-310, any ground
not enumerated in Section 21-310, or in any other case where the court
determines that the
tax purchaser had actual knowledge prior to the sale of the grounds on which
the sale is declared to be erroneous.
(c) When the county collector files a petition for sale in error under
Section 21-310 and mails a notice thereof by
certified or registered mail to the
last known owner of the certificate of purchase, any interest otherwise
payable under this Section shall cease to accrue as of the date the
petition is filed, unless the tax purchaser agrees to an order for sale in
error upon the presentation of the petition to the court. Notices under
this subsection may be mailed to the last known owner of the
certificate of
purchase. When the
owner of the certificate of purchase contests the collector's petition
solely to determine whether the grounds for sale in error are such as to
support a claim for interest, the court may direct that the principal
amount of the refund be paid to the owner of the certificate of purchase
forthwith. If the court thereafter determines that a claim for interest
lies under this Section, it shall award such interest from the date of sale
to the date the principal amount was paid. If the owner of the certificate of purchase files an objection to the county collector's intention to declare an administrative sale in error, as provided under subsection (c) of Section 21-310, and, thereafter, the county collector elects to apply to the circuit court for a sale in error under subsection (a) of Section 21-310, then, if the circuit court grants the county collector's application for a sale in error, the court may not award interest to the owner of the certificate of purchase for the period after the mailing date of the county collector's notice of intention to declare an administrative sale in error.
(Source: P.A. 103-555, eff. 1-1-24.)
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