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91_SB1693ham001
LRB9110187SMsbam
1 AMENDMENT TO SENATE BILL 1693
2 AMENDMENT NO. . Amend Senate Bill 1693 on page 1, by
3 replacing lines 1 and 2 with the following:
4 "AN ACT concerning taxation."; and
5 on page 1, by replacing line 6 with the following:
6 "Sections 21-295, 21-310 and 21-355 as follows:
7 (35 ILCS 200/21-295)
8 Sec. 21-295. Creation of indemnity fund.
9 (a) In counties of less than 3,000,000 inhabitants, each
10 person purchasing any property at a sale under this Code
11 shall pay to the County Collector, prior to the issuance of
12 any certificate of purchase, a fee of $20 for each item
13 purchased. A like sum shall be paid for each year that all
14 or a portion of subsequent taxes are paid by the tax
15 purchaser and posted to the tax judgment, sale, redemption
16 and forfeiture record where the underlying certificate of
17 purchase is recorded.
18 (a-5) In counties of 3,000,000 or more inhabitants, each
19 person purchasing property at a sale under this Code shall
20 pay to the County Collector a fee of $80 for each item
21 purchased plus an additional sum equal to 5% of total taxes,
22 interest, and penalties paid by the purchaser, including the
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1 taxes, interest, and penalties paid under Section 21-240. In
2 these counties, the certificate holder shall also pay to the
3 County Collector a fee of $80 for each year that all or a
4 portion of subsequent taxes are paid by the tax purchaser and
5 posted to the tax judgment, sale, redemption, and forfeiture
6 record, plus an additional sum equal to 5% of all subsequent
7 taxes, interest, and penalties. The additional 5% fees are
8 fee is not required after December 31, 2006. The changes to
9 this subsection made by this amendatory Act of the 91st
10 General Assembly are not a new enactment, but declaratory of
11 existing law.
12 (b) The amount paid prior to issuance of the certificate
13 of purchase pursuant to subsection (a) or (a-5) shall be
14 included in the purchase price of the property in the
15 certificate of purchase and all amounts paid under this
16 Section shall be included in the amount required to redeem
17 under Section 21-355. Except as otherwise provided in
18 subsection (b) of Section 21-300, all money received under
19 subsection (a) or (a-5) shall be paid by the Collector to the
20 County Treasurer of the County in which the land is situated,
21 for the purpose of an indemnity fund. The County Treasurer,
22 as trustee of that fund, shall invest all of that fund,
23 principal and income, in his or her hands from time to time,
24 if not immediately required for payments of indemnities under
25 subsection (a) of Section 21-305, in investments permitted by
26 the Illinois State Board of Investment under Article 22A of
27 the Illinois Pension Code. The county collector shall report
28 annually to the Circuit Court on the condition and income of
29 the fund. The indemnity fund shall be held to satisfy
30 judgments obtained against the County Treasurer, as trustee
31 of the fund. No payment shall be made from the fund, except
32 upon a judgment of the court which ordered the issuance of a
33 tax deed.
34 (Source: P.A. 91-564, eff. 8-14-99.)"; and
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1 on page 1, by replacing line 22 with the following:
2 "board of review, or board of appeals, or other county
3 official has made an error"; and
4 on page 2, by replacing line 33 with the following:
5 "(c) When, upon application of an owner of homestead
6 property at any time before the issuance of a tax deed, the
7 court determines that both of the following conditions are
8 met, the court shall declare the sale to be a sale in error:
9 (1) the property owner has tendered timely payment
10 of the property taxes that he or she reasonably believed
11 were due and owing on the homestead property; and
12 (2) the taxes were not properly applied to the
13 property identification number of the homestead property
14 by the county collector.
15 (d) If a sale is declared to be a sale in error, the
16 county"; and
17 on page 3, line 3, after "purchase", by inserting the
18 following:
19 "or the property owner pursuant to subsection (c)"; and
20 on page 3, by deleting lines 9 and 10; and
21 on page 3, immediately below line 11, by inserting the
22 following:
23 "(35 ILCS 200/21-355)
24 Sec. 21-355. Amount of redemption. Any person desiring
25 to redeem shall deposit an amount specified in this Section
26 with the county clerk of the county in which the property is
27 situated, in legal money of the United States, or by
28 cashier's check, certified check, post office money order or
29 money order issued by a financial institution insured by an
30 agency or instrumentality of the United States, payable to
31 the county clerk of the proper county. The deposit shall be
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1 deemed timely only if actually received in person at the
2 county clerk's office prior to the close of business as
3 defined in Section 3-2007 of the Counties Code on or before
4 the expiration of the period of redemption or by United
5 States mail with a post office cancellation mark dated not
6 less than one day prior to the expiration of the period of
7 redemption. The deposit shall be in an amount equal to the
8 total of the following:
9 (a) the certificate amount, which shall include all
10 tax principal, special assessments, interest and
11 penalties paid by the tax purchaser together with costs
12 and fees of sale and fees paid under Sections 21-295 and
13 21-315 through 21-335;
14 (b) the accrued penalty, computed through the date
15 of redemption as a percentage of the certificate amount,
16 as follows:
17 (1) if the redemption occurs on or before the
18 expiration of 6 months from the date of sale, the
19 certificate amount times the penalty bid at sale;
20 (2) if the redemption occurs after 6 months
21 from the date of sale, and on or before the
22 expiration of 12 months from the date of sale, the
23 certificate amount times 2 times the penalty bid at
24 sale;
25 (3) if the redemption occurs after 12 months
26 from the date of sale and on or before the
27 expiration of 18 months from the date of sale, the
28 certificate amount times 3 times the penalty bid at
29 sale;
30 (4) if the redemption occurs after 18 months
31 from the date of sale and on or before the
32 expiration of 24 months from the date of sale, the
33 certificate amount times 4 times the penalty bid at
34 sale;
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1 (5) if the redemption occurs after 24 months
2 from the date of sale and on or before the
3 expiration of 30 months from the date of sale, the
4 certificate amount times 5 times the penalty bid at
5 sale;
6 (6) if the redemption occurs after 30 months
7 from the date of sale and on or before the
8 expiration of 36 months from the date of sale, the
9 certificate amount times 6 times the penalty bid at
10 sale.
11 In the event that the property to be redeemed
12 has been purchased under Section 21-405 21-370, the
13 penalty bid shall be 12% per penalty period as set
14 forth in subparagraphs (1) through (6) of this
15 subsection (b). The changes to this subdivision
16 (b)(6) made by this amendatory Act of the 91st
17 General Assembly are not a new enactment, but
18 declaratory of existing law.
19 (c) The total of all taxes, special assessments,
20 accrued interest on those taxes and special assessments
21 and costs charged in connection with the payment of those
22 taxes or special assessments, which have been paid by the
23 tax certificate holder on or after the date those taxes
24 or special assessments became delinquent together with
25 12% penalty on each amount so paid for each year or
26 portion thereof intervening between the date of that
27 payment and the date of redemption. In counties with less
28 than 3,000,000 inhabitants, however, a tax certificate
29 holder may not pay all or part of an installment of a
30 subsequent tax or special assessment for any year, nor
31 shall any tender of such a payment be accepted, until
32 after the second or final installment of the subsequent
33 tax or special assessment has become delinquent or until
34 after the holder of the certificate of purchase has filed
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1 a petition for a tax deed under Section 22.30. The
2 person redeeming shall also pay the amount of interest
3 charged on the subsequent tax or special assessment and
4 paid as a penalty by the tax certificate holder. This
5 amendatory Act of 1995 applies to tax years beginning
6 with the 1995 taxes, payable in 1996, and thereafter.
7 (d) Any amount paid to redeem a forfeiture
8 occurring subsequent to the tax sale together with 12%
9 penalty thereon for each year or portion thereof
10 intervening between the date of the forfeiture redemption
11 and the date of redemption from the sale.
12 (e) Any amount paid by the certificate holder for
13 redemption of a subsequently occurring tax sale.
14 (f) All fees paid to the county clerk under Section
15 22-5.
16 (g) All fees paid to the registrar of titles
17 incident to registering the tax certificate in compliance
18 with the Registered Titles (Torrens) Act.
19 (h) All fees paid to the circuit clerk and the
20 sheriff or coroner in connection with the filing of the
21 petition for tax deed and service of notices under
22 Sections 22-15 through 22-30 and 22-40 in addition to (1)
23 a fee of $35 if a petition for tax deed has been filed,
24 which fee shall be posted to the tax judgement, sale,
25 redemption, and forfeiture record, to be paid to the
26 purchaser or his or her assignee; (2) a fee of $4 if a
27 notice under Section 22-5 has been filed, which fee shall
28 be posted to the tax judgment, sale, redemption, and
29 forfeiture record, to be paid to the purchaser or his or
30 her assignee; and (3) all costs paid to record a lis
31 pendens notice in connection with filing a petition under
32 this Code. The fees in (1) and (2) of this paragraph (h)
33 shall be exempt from the posting requirements of Section
34 21-360.
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1 (i) All fees paid for publication of notice of the
2 tax sale in accordance with Section 22-20.
3 (j) All sums paid to any city, village or
4 incorporated town for reimbursement under Section 22-35.
5 (k) All costs and expenses of receivership under
6 Section 21-410, to the extent that these costs and
7 expenses exceed any income from the property in question,
8 if the costs and expenditures have been approved by the
9 court appointing the receiver and a certified copy of the
10 order or approval is filed and posted by the certificate
11 holder with the county clerk. Only actual costs expended
12 may be posted on the tax judgment, sale, redemption and
13 forfeiture record.
14 (Source: P.A. 88-455; 89-57, eff. 6-30-95; 89-69, eff.
15 6-30-95; 89-626, eff. 8-9-96.)
16 Section 10. The Code of Civil Procedure is amended by
17 adding Section 12-144.5 and changing Section 12-145 as
18 follows:
19 (735 ILCS 5/12-144.5 new)
20 Sec. 12-144.5. Report of sale and confirmation of sale.
21 (a) When the premises mentioned in the certificate are
22 not redeemed in pursuance of law, the legal holder of the
23 certificate shall promptly make a report to the court that
24 issued the underlying judgment. The report shall include a
25 copy of the certificate of sale; an affidavit, under oath,
26 containing a good faith appraisal of the fair market value of
27 the property; and a listing of all liens and mortgages
28 including the value thereof.
29 (b) Upon motion and notice in accordance with court
30 rules applicable to motions generally, including notice to
31 the judgment debtor, the court issuing the underlying
32 judgment shall conduct a hearing to confirm the sale. Unless
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1 the court finds that (i) notice as required by law was not
2 given, (ii) the terms of the sale were unconscionable, (iii)
3 the sale was conducted fraudulently, or (iv) justice was
4 otherwise not done, the court shall then enter an order
5 confirming the sale. In making these findings, the court
6 shall take into account the purchase price at the sale in
7 relation to the fair market value of the property less the
8 value of any mortgages and liens.
9 (735 ILCS 5/12-145) (from Ch. 110, par. 12-145)
10 Sec. 12-145. Time of execution of deed. When the
11 premises mentioned in such certificate are not redeemed in
12 pursuance of law, and the court issuing the underlying
13 judgment has entered an order confirming the sale in
14 accordance with Section 12-144.5, the legal holder of the
15 certificate is entitled to a deed therefor at any time within
16 5 years from the expiration of the time of redemption. The
17 deed shall be executed by the sheriff or other officer who
18 made the sale, or by his or her successor in office, or by
19 some person specially appointed by the court for the purpose.
20 If the deed is not taken within the time limited by Part 1 of
21 Article XII of this Act, the certificate of purchase is void
22 unless the purchaser under the certificate of sale has gone
23 into possession of the premises under and in reliance on the
24 certificate of sale within the 5 year period. If, however,
25 the deed is wrongfully withheld by the officer whose duty it
26 is to execute it, or if the execution of the deed is
27 restrained by injunction or order of a court, the time during
28 which the deed is so withheld or the execution thereof
29 restrained shall not be considered as any part of the 5 years
30 within which the holder is required to take a deed.
31 (Source: P.A. 83-707.)
32 Section 99. Effective date. This Section and the
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1 changes to Sections 21-295 of the Property Tax Code take
2 effect upon becoming law.".