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92nd General Assembly

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Public Act 92-0224

SB508 Enrolled                                 LRB9202791TAtm

    AN ACT concerning taxes.

    Be it  enacted  by  the  People  of  the  State  of  Illinois,
represented in the General Assembly:

    Section 5.  The Property Tax Code is amended by  changing
Sections  21-310,  21-315, 21-320, 21-330, 21-335, 22-45, and
22-50 as follows:

    (35 ILCS 200/21-310)
    Sec. 21-310. Sales in error.
    (a)  When, upon application of the county collector,  the
owner of the certificate of purchase, or a municipality which
owns  or  has  owned the property ordered sold, it appears to
the satisfaction of the court which ordered the property sold
that any of the following  subsections  are  applicable,  the
court shall declare the sale to be a sale in error:
         (1)  the  property  was  not subject to taxation, or
    all or any part of the lien of taxes sold has become null
    and void pursuant to Section 21-95,
         (2)  the taxes or special assessments had been  paid
    prior to the sale of the property,
         (3)  there is a double assessment,
         (4)  the description is void for uncertainty,
         (5)  the  assessor, chief county assessment officer,
    board of  review,  board  of  appeals,  or  other  county
    official  has  made  an  error  (other  than  an error of
    judgment as to the value of any property),
         (5.5)  the  owner  of  the  homestead  property  had
    tendered timely and full payment to the county  collector
    that  the  owner reasonably believed was due and owing on
    the homestead property, and the county collector did  not
    apply  the  payment  to  the homestead property; provided
    that this provision applies only to homeowners, not their
    agents or third-party payors,
         (6)  prior  to  the  tax   sale   a   voluntary   or
    involuntary  petition  has  been  filed by or against the
    legal or beneficial  owner  of  the  property  requesting
    relief  under  the provisions of 11 U.S.C. Chapter 7, 11,
    12, or 13, or
         (7)  the property is owned by the State of Illinois,
    a municipality, or a taxing district. a municipality  has
    acquired  the  property  (i) through the foreclosure of a
    lien authorized under Section  11-31-1  of  the  Illinois
    Municipal  Code  or  through a judicial deed issued under
    that  Section  or   (ii)   through   foreclosure   of   a
    receivership certificate lien.
    (b)  When,   upon   application   of  the  owner  of  the
certificate of purchase only, it appears to the  satisfaction
of  the court which ordered the property sold that any of the
following subsections are applicable, the court shall declare
the sale to be a sale in error:
         (1)  A voluntary or involuntary petition  under  the
    provisions of 11 U.S.C. Chapter 7, 11, 12, or 13 has been
    filed  subsequent  to  the  tax  sale  and  prior  to the
    issuance of the tax deed.
         (2)  The improvements upon the  property  sold  have
    been substantially destroyed or rendered uninhabitable or
    otherwise  unfit for occupancy subsequent to the tax sale
    and prior to the issuance of the tax deed.
         (3)  There is an interest held by the United  States
    in  the  property sold which could not be extinguished by
    the tax deed.
         (4)  The  real   property   contains   a   hazardous
    substance,  hazardous  waste, or underground storage tank
    that would require cleanup or  other  removal  under  any
    federal,  State,  or local law, ordinance, or regulation,
    only if the tax purchaser purchased the property  without
    actual  knowledge  of  the hazardous substance, hazardous
    waste, or underground storage tank.  This  paragraph  (4)
    applies  only to tax purchases occurring after January 1,
    1990 and if the owner of the certificate of purchase  has
    made  application  for a sale in error at any time before
    the issuance of a tax deed.
    If a sale is declared to be a sale in error,  the  county
clerk  shall make entry in the tax judgment, sale, redemption
and forfeiture record,  that  the  property  was  erroneously
sold,  and the county collector shall, on demand of the owner
of the certificate of purchase, refund the amount  paid,  pay
any  interest  and  costs  as  may  be ordered under Sections
21-315 through 21-335, and cancel the certificate so  far  as
it relates to the property. The county collector shall deduct
from  the accounts of the appropriate taxing bodies their pro
rata amounts paid.
(Source: P.A. 91-177,  eff.  1-1-00;  91-357,  eff.  7-29-99;
91-924, eff. 1-1-01.)

    (35 ILCS 200/21-315)
    Sec. 21-315.  Refund of costs; interest on refund.
    (a)  In  those cases which arise solely under grounds set
forth in Section 21-310 or 22-35, and in no other cases,  The
court  which  orders  a  sale  in error under Section 21-310,
22-35, or 22-50 shall also award a refund of interest on  the
refund  of  the  amount paid for the certificate of purchase,
together with 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
as  otherwise  provided in this Section.  Except as otherwise
provided in this Section, interest shall be awarded and  paid
at the rate of 1% per month from the date of sale to the date
of  payment  to the tax purchaser, 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.
    (b)  In those cases which arise solely under grounds  set
forth  in Section 21-310, the court shall also award 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 on the refund to the owner of the certificate
of purchase shall not be paid (i) in any case  in  which  the
improvements  upon  the property sold have been substantially
destroyed or rendered uninhabitable or  otherwise  unfit  for
occupancy,  (ii)  when  the sale in error is made pursuant to
paragraph (2) or (4) of subsection  (b)  of  Section  21-310,
Section  22-35,  Section  22-50, any ground not enumerated in
Section 21-310, or (iii) in any case, after January 1,  1990,
in  which  the  real  estate  contains a hazardous substance,
hazardous waste,  or  underground  storage  tank  that  would
require  a cleanup or other removal under any federal, State,
or local law,  ordinance  or  regulation,  only  if  the  tax
purchaser  purchased the property without actual knowledge of
the  hazardous  substance,  hazardous  waste  or  underground
storage tank, or (iv) 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  tax  purchaser, 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 original  owner  of  the
certificate of purchase, or to the latest assignee, if known.
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.
(Source: P.A.  89-69, eff. 6-30-95; 90-655, eff. 7-30-98.)

    (35 ILCS 200/21-320)
    Sec.  21-320.   Refund  of  other taxes paid by holder of
certificate of purchase.  The court which orders  a  sale  in
error  shall  order  the  refund  of  all other taxes paid or
redeemed by the owner of the certificate of purchase  or  his
or  her  assignor   which  were  validly  posted  to  the tax
judgment, sale redemption and forfeiture record subsequent to
the tax sale, together with interest on those the other taxes
under the same terms as interest is otherwise  payable  under
Section  21-315.  The interest under this subsection shall be
calculated at the rate of 1% per  month  from  the  date  the
other  taxes  were  paid  and not from the date of sale.  The
collector shall take credit  in  settlement  of  his  or  her
accounts  for the refund of the other taxes as in other cases
of sale in error under Section 21-310.
(Source: P.A. 86-286; 86-415; 87-669; 88-455.)

    (35 ILCS 200/21-330)
    Sec. 21-330.  Fund for payment of interest.  In  counties
of under 3,000,000 inhabitants, the county board may impose a
fee  of  up  to  $60,  which  shall  be  paid  to  the county
collector, upon each person purchasing any property at a sale
held  under  this  Code,  prior  to  the  issuance   of   any
certificate  of purchase. Each person purchasing any property
at a sale held under this Code in a county with 3,000,000  or
more  inhabitants shall pay to the county collector, prior to
the issuance of any certificate of purchase, a  fee  of  $100
for  each  item  purchased.  That amount shall be included in
the price paid for the certificate of purchase and the amount
required to redeem under Section 21-355.
    All sums of money received under this  Section  shall  be
paid  by  the collector to the county treasurer of the county
in which the property is situated for deposit into a  special
fund.   It  shall  be  the  duty  of the county treasurer, as
trustee of the fund, to invest the principal  and  income  of
the  fund  from time to time, if not immediately required for
payments under this Section, in investments as are authorized
by Sections 3-10009 and 3-11002 of the  Counties  Code.   The
fund  shall be held to satisfy orders for payment of interest
and costs obtained against the county treasurer as trustee of
the fund. No payment shall be made from the  fund  except  by
order  of  the  court declaring a sale in error under Section
21-310, 22-35, or 22-50. Any moneys accumulated in  the  fund
by  the  county treasurer in excess of $500,000 shall be paid
each year prior to the commencement of the annual  tax  sale,
first  to  satisfy  any  existing  unpaid  judgments  entered
pursuant   to   Section   21-295,  and  any  funds  remaining
thereafter shall be paid to the general fund of the county.
(Source: P.A. 88-455; 88-676,  eff.  12-14-94;  89-342,  eff.
1-1-96.)

    (35 ILCS 200/21-335)
    Sec.  21-335.   Claims for interest and costs. Any person
claiming interest or  costs  under  Sections  21-315  through
21-330  shall  include  the  claim in his or her petition for
sale in error under Section 21-310,  22-35,  or  22-50.   Any
claim  for  interest  or  costs  which is not included in the
petition is waived, except interest or costs may  be  awarded
to  the extent permitted by this Section upon a sale in error
petition filed by the county collector, without  requiring  a
separate  filing  by the claimant.  Any order for interest or
costs upon the petition for sale in error shall be deemed  to
be  entered  against  the  county treasurer as trustee of the
fund created by this Section.  The fund  shall  be  the  sole
source  for  payment  and satisfaction of orders for interest
or costs, except as otherwise provided  in  this  subsection.
If  the  court determines that the fund has been depleted and
will not be restored in time to pay an award with  reasonable
promptness,  the court may authorize the collector to pay the
interest portion of the award pro rata  from  those  accounts
where  the  principal  refund  of the tax sale purchase price
under Section 21-310 is taken.
(Source: P.A. 86-286; 86-415; 87-669; 88-455.)

    (35 ILCS 200/22-45)
    Sec. 22-45.  Tax deed incontestable unless order appealed
or relief petitioned. Tax deeds issued  under  Section  22-40
22-35  are  incontestable  except by appeal from the order of
the court directing the county clerk to issue the  tax  deed.
However,  relief  from  such  order  may be had under Section
2-1401 of the Code of Civil Procedure in the same manner  and
to  the  same  extent  as  may be had under that Section with
respect to final orders and judgments in  other  proceedings.
The  grounds for relief under Section 2-1401 shall be limited
to:
    (1)  proof that the taxes were paid prior to sale;
    (2)  proof that the property was exempt from taxation;
    (3)  proof by clear and convincing evidence that the  tax
deed  had  been  procured  by  fraud  or deception by the tax
purchaser or his or her assignee; or
    (4)  proof by  a  person  or  party  holding  a  recorded
ownership  or other recorded interest in the property that he
or she was not named as a party in the publication notice  as
set forth in Section 22-20, and that the tax purchaser or his
or her assignee did not make a diligent inquiry and effort to
serve  that  person  or  party  with  the notices required by
Sections 22-10 through 22-30.
    In cases of the sale of homestead  property  in  counties
with  3,000,000  or  more inhabitants, a tax deed may also be
voided by the court upon petition,  filed  not  more  than  3
months  after an order for tax deed was entered, if the court
finds that the property was owner occupied on the  expiration
date  of the period of redemption and that the order for deed
was effectuated pursuant to a negligent or willful error made
by an employee of the county clerk or county collector during
the period of redemption from the sale  that  was  reasonably
relied   upon  to  the  detriment  of  any  person  having  a
redeemable interest. In such a case, the tax purchaser  shall
be  entitled  to  the  original amount required to redeem the
property plus interest from the sale as of the last  date  of
redemption  together  with costs actually expended subsequent
to the expiration of the period of redemption and  reasonable
attorney's  fees,  all  of  which shall be dispensed from the
fund created by Section 21-295. In those cases of error where
the court vacates the tax deed, it may award  the  petitioner
reasonable attorney's fees and court costs actually expended,
payable  from  that fund.  The court hearing a petition filed
under this Section or Section 2-1401 of  the  Code  of  Civil
Procedure  may  concurrently  hear  a  petition  filed  under
Section 21-295 and may grant relief under either Section.
(Source: P.A.   87-145;   87-669;  87-671;  87-895;  87-1189;
88-455; incorporates 88-451; 88-670, eff. 12-2-94.)

    (35 ILCS 200/22-50)
    Sec. 22-50. Denial of deed. If the court refuses to enter
an order directing the county clerk to  execute  and  deliver
the  tax  deed,  because  of  the failure of the purchaser to
fulfill any of the above provisions, and if the purchaser, or
his or her assignee has made a bona fide  attempt  to  comply
with  the  statutory requirements for the issuance of the tax
deed, then upon application of the owner of  the  certificate
of  purchase the court shall declare the sale to be a sale in
error it  shall  order  the  return  of  the  purchase  price
forthwith,  as  in  case  of  sales  in error, except that no
interest shall be paid on the purchase price.
(Source: P.A.  86-1158;  86-1431;  86-1475;  87-145;  87-669;
87-671; 87-895; 87-1189; 88-455.)

    Section 90. Changes declarative of existing  law.  Except
for  the  amendment  to subsection (a) of Section 21-315, the
changes made by this  amendatory  Act  of  the  92nd  General
Assembly  are  declarative  of  existing law and shall not be
construed as a new enactment.
    Passed in the General Assembly May 09, 2001.
    Approved August 02, 2001.

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