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92nd General Assembly

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Public Act 92-0807

HB1975 Enrolled                                LRB9201948SMdv

    AN ACT concerning taxes.

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

               Division 1.  General provisions

    Section  1.   Short  title.  This Act may be cited as the
Mobile Home Local Services Tax Enforcement Act.

    Section 5.  Definitions.  As used in this Act:
    "Mobile home" means that term as defined  in  the  Mobile
Home Local Services Tax Act.

    Section   10.    Application.    This   Act   applies  to
delinquencies in payment of the tax  imposed  by  the  Mobile
Home Local Services Tax Act.

              Division 2.  Enforcement actions

    Section  15.   Lien; payments by representative or agent.
When a mobile home is  taxed  to  any  person  as  agent  for
another,  or  in  a  representative  capacity,  the  agent or
representative shall have a lien on the mobile home,  or  any
mobile   home   of  his  or  her  principal  in  the  agent's
possession,  until he  or  she  is  indemnified  against  the
payment  thereof, or, if he or she has paid the tax, until he
or she is reimbursed for the payment.

    Section 20.  Lien for taxes.  The  taxes  upon  a  mobile
home,  together with all penalties, interests, and costs that
may accrue thereon, shall be a prior and first  lien  on  the
mobile  home,  superior  to all other liens and encumbrances,
from and including the first day of January in  the  year  in
which the taxes are imposed until the taxes are paid or until
a court order transfers ownership of the mobile home.
    (a)  Foreclosure;  mobile  home  forfeited  for 2 or more
years.  A lien may be foreclosed, in the circuit court in the
name of the People of the State  of  Illinois,  whenever  the
taxes  for  2 or more years on the same mobile home have been
forfeited to the State and there is  not  an  open  scavenger
buy.   The  mobile  home  may  be sold under the order of the
court by the person having authority to receive County taxes,
with notice to interested parties  and  right  of  redemption
from  the sale, (except that the interest or any other amount
to be paid upon redemption in  addition  to  the  amount  for
which  the mobile home was sold shall be as provided herein),
as provided in Sections 290 through 310 and 325.
    In any action to foreclose the lien for delinquent  taxes
brought by the People of the State of Illinois when the taxes
for  2  or  more  years  on  the  same  mobile home have been
forfeited to the State, service of process shall be  made  in
the  manner  now  prescribed  by  law.   All  owners, parties
interested, and occupants of any mobile  home  against  which
tax  liens  are  sought  to  be  foreclosed shall be named as
parties defendant, and shall be served in the manner and form
as  provided  by  law  for  the  service  of  defendants   in
foreclosures  of  lien  or encumbrances upon real estate.  In
case there are other parties with ownership interests in  the
mobile  home,  they  shall  be  named in the notice under the
designation "unknown owners".
    (b)  Redemption interest.  The interest to be  paid  upon
redemption  from  all  tax  foreclosure sales held under this
Section shall be:
         (1)  If redeemed within 2 months from  the  date  of
    the  sale,  3%  per  month  upon the amount for which the
    mobile home was sold for each of the first 2  months,  or
    fraction thereof;
         (2)  If  redeemed  between  2  and 6 months from the
    date of the sale, 12% of the amount of sale;
         (3)  If redeemed between 6 and 12  months  from  the
    date of the sale, 24% of the amount of sale;
         (4)  If  redeemed  between 12 and 18 months from the
    date of the sale, 36% of the amount of sale;
         (5)  If redeemed between 18 and 24 months  from  the
    date of the sale, 48% of the amount of sale;
         (6)  If  redeemed  after  24 months from the date of
    sale, the 48% for the 24 months plus interest at  6%  per
    year thereafter.
    (c)  Enforcement  of  lien from rents and profits. A lien
under this Section may be enforced at any time after 6 months
from the day the tax becomes delinquent out of the rents  and
profits of the mobile home accruing, or accrued and under the
control  or  jurisdiction  of  a  court.  This process may be
initiated by the  county  board  of  the  county  or  by  the
corporate  authorities of any taxing body entitled to receive
any part of the delinquent tax, by petition  in  any  pending
suit  having  jurisdiction  of  the  mobile  home,  or in any
application for judgment and order of sale  of  mobile  homes
for delinquent taxes in which the mobile home is included, in
the name of the People of the State of Illinois.
    The   process,   practice,   and   procedure  under  this
subsection shall  be  the  same  as  provided  in  the  Civil
Practice  Law and the Supreme Court Rules adopted in relation
to that Law, except that receivers may be  appointed  on  not
less than 3 days' written notice to holders of certificate of
title  or  persons in possession.  In all petitions the court
shall have power to appoint  the  county  collector  to  take
possession  of  the  mobile  home  only  for  the  purpose of
collecting the rents, issues and profits  therefrom,  and  to
apply  them  in satisfaction of the tax lien.  When the taxes
set forth in the petition are  paid  in  full,  the  receiver
shall  be discharged.  If the taxes described in the petition
are reduced by the final judgment  of  a  court,  the  county
collector  shall  immediately  refund all moneys collected by
him or her as receiver over and above the taxes  as  reduced,
and  shall  deduct  that  amount  from  the moneys thereafter
distributed to the  taxing  bodies  which  received  the  tax
revenue.
    In proceedings to foreclose the tax lien, or in petitions
to  enforce the lien, the amount due on the collector's books
against the mobile home shall be prima facie evidence of  the
amount  of taxes against the mobile home.  When any taxes are
collected, they shall be paid to the county collector, to  be
distributed  by  him  or  her  to the authorities entitled to
them.  All sales made under this Section shall  be  conducted
under  the  order  and supervision of the court by the county
collector.
    An action to foreclose  the  lien  for  delinquent  taxes
under this Act is an action in rem.

    Section  25.  Preventing waste to mobile homes; receiver.
During the pendency of any  tax  foreclosure  proceeding  and
until  the  time  to  redeem the mobile home sold expires, or
redemption is made, from any sale  made  under  any  judgment
foreclosing the lien of taxes, no waste shall be committed or
suffered on any of the mobile homes involved. The mobile home
shall  be  maintained  in  good  condition  and  repair. When
violations of local building,  health,  or  safety  codes  or
violations of mobile home park rules and regulations make the
mobile  home dangerous or hazardous, when taxes on the mobile
home are delinquent for 2 years  or  more,  or  when  in  the
judgment  of  the  court  it  is  to the best interest of the
parties, the court may, upon the  verified  petition  of  any
party  to the proceeding, or the holder of the certificate of
purchase, appoint a receiver for the mobile  home  with  like
powers  and duties of receivers as in cases of foreclosure of
mortgages or trust deeds.  The court, in its discretion,  may
take  any  other  action  as may be necessary or desirable to
prevent waste and maintain the mobile home in good  condition
and repair.

    Section  30.   No  receiver  for  homestead  dwelling. No
receiver shall be appointed under the provisions  of  Section
25 for mobile homes used as a family dwelling and occupied by
the  owner as a residence at the time the unpaid taxes became
a lien and continuously thereafter.

    Section 35.  Purchase and sale by county; distribution of
proceeds. When any mobile home is delinquent, or is forfeited
for each of 2 or more years, and is offered  for  sale  under
any  of  the  provisions of this Act, the county board of the
county  in  which  the  mobile  home  is  located,   in   its
discretion,  if  there are no other bids, may bid, or, in the
case of a forfeited mobile home, may apply to purchase it, in
the name of the county as trustee for  all  taxing  districts
having  an  interest  in  the  mobile  home's  taxes  for the
nonpayment of which the mobile home is  sold.  The  presiding
officer  of  the county board, with the advice and consent of
the board, may appoint on its behalf some officer  or  person
to  attend  such sales and bid or, in the case of a forfeited
mobile home, to apply to the county clerk  to  purchase.  The
county  shall  apply  on the bid or purchase the unpaid taxes
due upon the mobile home. No cash need be  paid.  The  county
shall  take  all  steps  necessary  to acquire certificate of
title  to  the  mobile  home  and  upon  acquisition  of  the
certificate of title may manage and operate the mobile  home.
When a county, or other taxing district within the county, is
a  petitioner  for  a tax certificate of title, no filing fee
shall be required. When a county  or  other  taxing  district
within  the county is the petitioner for a tax certificate of
title, one petition may be filed including all  mobile  homes
that are tax delinquent within the county or taxing district,
and  any  publication  made under Section 380 of this Act may
combine all such mobile homes within  a  single  notice.  The
notice  shall  list  the  street  or  common address, and the
mobile home park where the mobile home is sited, if known, of
the mobile homes for informational purposes. The  county,  as
tax creditor and as trustee for other tax creditors, or other
taxing  districts within the county, shall not be required to
allege and prove that all taxes that become due  and  payable
after  the  sale  to  the county have been paid nor shall the
county be required to pay the subsequently accruing taxes  at
any  time,  except  when subsequent taxes are sold to another
buyer.  The county board or its  designee  may  prohibit  the
county  collector  from  including the mobile home in the tax
sale of one or more subsequent years. The lien of taxes  that
become  due  and payable after a sale to a county shall merge
in the certificate of title of the county,  or  other  taxing
district  within the county, on the issuance of a certificate
of title.
    The  County  may  sell  or  assign  the  mobile  home  so
acquired, or the certificate of purchase to it, to any party,
including taxing districts. The  proceeds  of  that  sale  or
assignment,  less  all  costs  of  the county incurred in the
acquisition and sale or assignment of the mobile home,  shall
be distributed to the taxing districts in proportion to their
respective interests therein.
    Under  Sections  55  and 60, a County may bid or purchase
only in the absence of other bidders.

    Section  40.   Tax  abatement  after  acquisition  by   a
governmental  unit.  When any county or municipality acquires
a mobile home through the foreclosure of a  lien,  through  a
judicial  order,  through  the  foreclosure  of  receivership
certificate  lien, or by acceptance of a certificate of title
in lieu of foreclosing any lien against the mobile  home,  or
when   any   county  or  other  taxing  district  acquires  a
certificate of title for a mobile home under  Section  35  or
Sections  90 and 200, all due or unpaid mobile home taxes and
existing liens  for  unpaid  mobile  home  taxes  imposed  or
pending  under  any  law or ordinance of this State or any of
its political subdivisions shall become null and void.

    Section 45.  Notice to county officials; voiding  of  tax
bills.  The  county  board  or  corporate  authorities of the
county, or other taxing  district  acquiring  a  mobile  home
under Section 35 shall give written notice of the acquisition
to  the  chief  county  assessment  officer  and  the  county
collector  and  the  county  clerk of the county in which the
mobile home is located, and request the voiding  of  the  tax
liens  as provided in this Section. The notice shall describe
the acquired mobile home by the vehicle identification number
of the mobile home, if there is one.
    Upon receipt of the  notice,  the  county  collector  and
county  clerk  or  county assessor, as appropriate shall void
the current and all prior unpaid  taxes  on  the  records  in
their  respective offices by entering the following statement
upon their records for the mobile  home:   "Acquired  by  ...
(name  of  county  or  municipality acquiring the mobile home
under Section 35). Taxes due and unpaid on this  mobile  home
... (give vehicle identification number, if any, and location
of  the  mobile  home) ... are waived and null and void under
Section 45 of the Mobile Home Local Services Tax  Enforcement
Act.  The tax bills of this mobile home are hereby voided and
liens for the taxes are extinguished."

    Section 50.  Liability of owner; rights of tax purchaser.
Nothing  in Sections 40 and 45 shall relieve any owner liable
for delinquent mobile home taxes under the Mobile Home  Local
Services  Tax Act from the payment of any delinquent taxes or
liens which have become null and void under those Sections.
    Sections 45 and 50 shall not adversely affect the  rights
or  interests  of  the holder of any bona fide certificate of
purchase of the mobile home for  delinquent  taxes.  However,
upon  acquisition  of a mobile home by a governmental unit as
set forth in Section 40, the  rights  and  interests  of  the
holder of any bona fide certificate of purchase of the mobile
home for delinquent taxes shall be limited to a sale in error
and a refund as provided under Section 255.

    Section  55.   Published notice of annual application for
judgment and sale; delinquent taxes. At any  time  after  all
taxes have become delinquent in any year, the Collector shall
publish  an  advertisement,  giving  notice  of  the intended
application for judgment and sale of  the  delinquent  mobile
homes.   Except as provided below, the advertisement shall be
in a newspaper published in the township or road district  in
which  the mobile homes are located. If there is no newspaper
published in the township or road district, then  the  notice
shall  be  published  in some newspaper in the same county as
the township or road district, to be selected by  the  county
collector.  When  the  mobile home is in an incorporated town
which has superseded  a  civil  township,  the  advertisement
shall be in a newspaper published in the incorporated town or
if  there is no such newspaper, then in a newspaper published
in the county.

    Section  60.  Times  of  publication  of   notice.    The
advertisement shall be published once at least 10 days before
the  day  on  which  judgment is to be applied for, and shall
contain a list of the delinquent mobile homes upon which  the
taxes or any part thereof remain due and unpaid, the names of
owners,  and the street, common address, and mobile home park
where the  mobile  home  is  sited,  if  known,  the  vehicle
identification number, the model year of the home, the square
footage  of  the  home, the total amount due, and the year or
years for which they are  due.   In  counties  of  less  than
3,000,000  inhabitants, advertisement shall include notice of
the registration requirement for persons bidding at the sale.
    The collector shall give notice that he or she will apply
to the circuit court on a specified day for judgment  against
the  mobile  homes for the taxes, and costs, and for an order
to sell the mobile homes for the satisfaction of  the  amount
due.
    The collector shall also give notice of a date within the
next  5  business days after the date of application on which
all the mobile homes for the sale of which an order  is  made
will  be  exposed  to  public  sale  at a location within the
county designated by the county collector, for the amount  of
taxes and cost due.  The advertisement published according to
the  provisions  of  this  Section  shall  be  deemed  to  be
sufficient  notice  of  the intended application for judgment
and of the sale of mobile homes under the order of the court.

    Section 65. Costs of publishing delinquent list. A county
shall pay for the printer for  advertising  delinquent  lists
for  mobile  homes,  $0.40  per  column line, to be taxed and
collected as costs.
    The printer shall receive for printing the preamble,  the
descriptive  headings,  the  affidavit,  and any other matter
accompanying the delinquent list, the sum of $0.40 per  line,
to be paid by the county.
    No  costs  except  printer's  fee shall be charged on any
mobile homes forfeited to the State.
    Section 70.  Sale  of  mobile  homes  previously  ordered
sold.  A mobile home ordered sold by unexecuted judgments and
orders  of sale, previously entered, shall be included in the
advertisement for sale only under the  previous  orders,  and
shall  be  sold  in  the  order  in  which they appear in the
delinquent list contained in the advertisement. At  any  time
between  annual sales the county collector also may advertise
for sale any  mobile  homes  subject  to  sale  under  orders
previously  entered  and  not  executed  for  any reason. The
advertisement and sale shall be regulated by  the  provisions
regulating  the  annual  advertisement and sale of delinquent
mobile homes, as far as applicable.

    Section 75.  Use of figures and letters in  advertisement
and other lists. In all advertisements for the sale of mobile
homes  for  taxes,  and in entries required to be made by the
clerk of the court or other  officer,  letters,  figures,  or
characters  may  be  used to denote the year or the years for
which the taxes were due and the amount of  taxes,  interest,
and  costs.  The  county collector may subsequently advertise
and obtain judgment on mobile homes that have  been  omitted,
or  that have been erroneously advertised or described in the
first advertisement.

       Division 3.  Notice and publication provisions

    Section 80.  Mailed notice of  application  for  judgment
and  sale.   Not  less  than  15  days  before  the  date  of
application for judgment and sale of delinquent mobile homes,
the  county  collector shall mail, by registered or certified
mail, a notice of the forthcoming  application  for  judgment
and  sale  to  the  person  shown  by the current collector's
warrant book to be the party in whose  name  the  taxes  were
last  computed.   The notice shall include the intended dates
of application for judgment and sale and commencement of  the
sale,  and  a  description  of  the  mobile homes. The county
collector must present proof of  the  mailing  to  the  court
along with the application for judgement.
    In  counties with less than 3,000,000 inhabitants, a copy
of this notice shall also be mailed by the  county  collector
by  registered  or certified mail to any lienholder of record
who annually requests a copy of the notice.  The  failure  of
the  county collector to mail a notice or its non-delivery to
the lienholder shall not affect the validity of the judgment.
    The collector shall collect $10 from the proceeds of each
sale to cover the costs of registered  or  certified  mailing
and the costs of advertisement and publication. If a taxpayer
pays  the  taxes  on  the mobile home after the notice of the
forthcoming application for judgment and sale is  mailed  but
before the sale is made, then the collector shall collect $10
from  the  taxpayer  to  cover  the  costs  of  registered or
certified  mailing  and  the  costs  of   advertisement   and
publication.

    Section  85.   Printer's  error  in advertisement. In all
cases where there is a printer's error in the advertised list
which prevents  judgment  from  being  obtained  against  any
mobile  home,  or  against all of the delinquent list, at the
time stated in the advertisement, the printer shall lose  the
compensation  allowed  by  this  Act  for  those mobile homes
containing errors, or for the entire list, as  the  case  may
be.

    Section 90.  Scavenger sale.  At the same time the county
collector  annually  publishes  the  collector's  annual sale
advertisement under Sections 55 and 60, the collector, if the
county  board  so  orders  by  resolution,  must  publish  an
advertisement giving notice of the intended  application  for
judgment  and  sale  of  all mobile homes upon which all or a
part of the taxes for each of 2 or more years, including  the
current  tax  year,  are  delinquent  as  of  the date of the
advertisement.   In  no  event  may  there  be  more  than  2
consecutive years without a sale under this Section. The term
delinquent also includes forfeitures.  The  county  collector
shall include in the advertisement and in the application for
judgment  and  sale  under  this  Section and Section 200 the
total amount of all taxes upon those mobile homes  which  are
delinquent  as of the date of the advertisement. In lieu of a
single annual advertisement and application for judgment  and
sale under this Section and Section 200, the county collector
may,  from  time  to  time,  beginning  on  the  date  of the
publication of  the  annual  sale  advertisement  and  before
August  1  of  the next year, publish separate advertisements
and make  separate  applications  on  eligible  mobile  homes
described  in one or more volumes of the delinquent list. The
separate  advertisements  and  applications  shall,  in   the
aggregate, include all the mobile homes which otherwise would
have  been  included  in  the single annual advertisement and
application for judgment and sale  under  this  Section.  The
advertisement  and application for judgment and sale shall be
in the manner prescribed by this Act relating to  the  annual
advertisement  and  application  for  judgment  and  sale  of
delinquent mobile homes.

             Division 3.5.  Judgments and Sales

    Section  95.   Time  of applying for judgment.  Except as
otherwise provided in  this  Section,  all  applications  for
judgment  and  order  of  sale for taxes on delinquent mobile
homes shall be made during the month of October.
    Within  30  days  after  the  day   specified   for   the
application  for  judgment the court shall hear and determine
the matter.  If judgment is rendered, the sale shall begin on
the date within 5 business days specified in  the  notice  as
provided  in  Section 60.  If the collector is prevented from
advertising  and  obtaining  judgment  during  the  month  of
October, the  collector  may  obtain  judgment  at  any  time
thereafter;   but   if  the  failure  arises  by  the  county
collector's not complying with any  of  the  requirements  of
this Act, he or she shall be held on his or her official bond
for  the full amount of all taxes charged against him or her.
Any failure on the part of the county collector shall not  be
allowed as a valid objection to the collection of any tax, or
to  entry  of  a judgment against any delinquent mobile homes
included in the application of the county collector.

    Section 100.  Annual tax judgment, sale, redemption,  and
forfeiture  record.  The  collector  shall  transcribe into a
record prepared for that purpose, and known as the annual tax
judgment, sale, redemption, and forfeiture record,  the  list
of delinquent mobile homes.  The record shall contain all the
information  necessary to be recorded, at least 5 days before
the day on which application for judgment is to be made.
    The record shall set forth the name of the owner and  the
street, common address, and mobile home park where the mobile
home  is  sited,  if known; a description of the mobile home,
including the vehicle identification number, model year,  and
square  footage;  the year or years for which the tax is due;
the valuation on which the tax is extended; the amount of the
consolidated and other taxes; the costs; and the total amount
of charges against the mobile home.
    The record shall also be ruled in  columns  to  show  the
amount  paid before entry of judgment; the amount of judgment
and a column for remarks; the amount  paid  before  sale  and
after  entry  of  judgment; the amount of the sale; amount of
interest or penalty; amount of cost; amount forfeited to  the
State;  date  of  sale; name of purchaser; amount of sale and
penalty; taxes of succeeding years; interest and  when  paid,
interest  and  cost;  total  amount  of  redemption;  date of
redemption; when  certificate  of  title  executed;  by  whom
redeemed;  and  a column for remarks or receipt of redemption
money.
    The record shall be kept in  the  office  of  the  county
clerk.

    Section  105.  Payment of delinquent tax before sale. Any
person owning or claiming mobile homes upon which application
for judgment is applied for may, in person or by  agent,  pay
the  taxes, and costs due to the county collector at any time
before sale.

    Section 110.  Report of payments and corrections. On  the
day  on which application for judgment on a delinquent mobile
home is applied for, the collector, assisted  by  the  county
clerk, shall post all payments, compare and correct the list,
and  shall  make  and  subscribe an affidavit, which shall be
substantially in the following form:
State of Illinois)
                 ) ss.
County of .......)
    I ...., collector of the  county  of  ....,  do  solemnly
swear  (or affirm, as the case may be), that the foregoing is
a true and correct list of the delinquent mobile homes within
the county of ...., upon which I have been unable to  collect
the  taxes (and interest and printer's fees, if any), charged
thereon, as required by law, for the year  or  years  therein
set  forth; and that the taxes, now remain due and unpaid, to
the best of my knowledge and belief.
    Dated ..........
    The affidavit shall be entered at the end  of  the  list,
and signed by the collector.

    Section  115.   Proceedings  by  court.   Defenses to the
entry of  judgment  against  mobile  homes  included  in  the
delinquent  list  shall be entertained by the court only when
the defense includes  a  writing  specifying  the  particular
grounds for the objection.
    If  any party objecting is entitled to a refund of all or
any part of a  tax  paid,  the  court  shall  enter  judgment
accordingly,  and  also  shall  enter judgment for the taxes,
interest, and penalties as appear to be  due.   The  judgment
shall be considered as a several judgment against each mobile
home,  for each kind of tax included therein. The court shall
direct the clerk to prepare and enter an order for  the  sale
of the mobile home against which judgment is entered.

    Section  120.  Form of court order.  A judgment and order
of sale shall be substantially in the following form:
    Whereas, due  notice  has  been  given  of  the  intended
application  for  a  judgment  against  mobile  homes, and no
sufficient defense  having  been  made  or  cause  shown  why
judgment  should not be entered against the mobile homes, for
taxes, interest, penalties, and costs due and unpaid  thereon
for  the  year or years herein set forth, therefore the court
hereby enters judgment against the above stated mobile homes,
in favor of the People of the  State  of  Illinois,  for  the
amount  of  taxes, interest, penalties and costs due thereon.
It is ordered by the court that the mobile homes be  sold  as
the law directs.
    The  order  shall be signed by the judge. In all judicial
proceedings of any kind, for the  collection  of  taxes,  all
amendments  may  be  made which, by law, could be made in any
personal action pending in that court.
    Section 125.  Cure of error or informality in computation
of tax or collection of the taxes.  No computation of the tax
on a mobile home or charge for any  of  the  taxes  shall  be
considered  illegal  on  account  of  any irregularity in the
computation, or on account of the computation not having been
made within the time required by law, or on  account  of  the
mobile home having been charged without name, or in any other
name than that of the rightful owner. No error or informality
in  the proceedings of any of the officers connected with the
computation or collection of the  taxes,  not  affecting  the
substantial  justice  of  the tax itself, shall vitiate or in
any manner affect the tax or  the  computation  thereof.  Any
irregularity or informality in the computation of the tax, or
in  any  of the proceedings connected with the computation of
the taxes, or any omission or  defective  act  of  any  other
officer  or  officers  connected  with the computation of the
taxes, may be, in the discretion  of  the  court,  corrected,
supplied  and  made to conform to law by the court, or by the
person (in the presence of the court) from whose  neglect  or
default it was occasioned.

           Division 4.  Annual tax sale procedure

    Section  130.  Entry of judgment for sale. If judgment is
rendered against any mobile home  for  any  tax,  the  county
collector  shall,  after  publishing  a  notice  for  sale in
compliance with  the  requirements  of  Sections  55  or  60,
proceed  to  offer  the  mobile home for sale pursuant to the
judgment.  However,  in  the  case  of  an  appeal  from  the
judgment, if the party, when filing notice of appeal deposits
with the county collector the  amount  of  the  judgment  and
costs, the collector shall not sell the mobile home until the
appeal is disposed of.
    Section  135.   Examination  of  record;  certificate  of
correctness.   On  the  day  advertised  for sale, the county
clerk, assisted by the collector, shall examine the list upon
which judgment  has  been  entered  and  ascertain  that  all
payments  have  been properly noted thereon. The county clerk
shall make  a  certificate  to  be  entered  on  the  record,
following  the order of court that the record is correct, and
that judgment  was  entered  upon  the  mobile  home  therein
mentioned  for  the  taxes,  interest, and costs due thereon.
The certificate shall be attested by the circuit court  clerk
under seal of the court and shall be the process on which the
mobile  home or any interest therein shall be sold for taxes,
interest, and costs due thereon, and may be substantially  in
the following form:
State of Illinois County of .....
    I,  ....,  clerk  of  the  circuit  court, in and for the
county of ...., do hereby certify that  the  foregoing  is  a
true  and correct record of the delinquent mobile home in the
county, against which judgment and order  of  sale  was  duly
entered  in  the  circuit  court  for  the county, on (insert
date), for the amount of the taxes, interest, and  costs  due
severally thereon as therein set forth, and that the judgment
and  order  of court in relation thereto fully appears on the
record.
Dated (insert date).

    Section 140.  County clerk assistance at sale. The county
clerk, in person or by deputy, shall  attend  all  sales  for
taxes, made by the collector, and shall assist at the sales.

    Section  145.   Tax  sale  procedures.  The collector, in
person or by deputy, shall attend, on  the  day  and  in  the
place  specified  in  the notice for the sale of mobile homes
for taxes, and shall, between 9:00 a.m.  and  4:00  p.m.,  or
later  at  the  collector's  discretion, proceed to offer for
sale, separately and in consecutive order, all  mobile  homes
in  the  list on which the taxes, interest, or costs have not
been paid. The collector's office shall be kept  open  during
all hours in which the sale is in progress. The sale shall be
continued  from  day  to  day,  until all mobile homes in the
delinquent list have been offered for sale.

    Section 150.   Penalty  bids.  The  person  at  the  sale
offering  to  pay  the amount due on each mobile home for the
least penalty percentage  shall  be  the  purchaser  of  that
mobile home. No bid shall be accepted for a penalty exceeding
18% of the amount of the tax on a mobile home.

    Section  155.   Registration.  In counties with less than
3,000,000  inhabitants,  unless  the  county  board  provides
otherwise, no person shall be eligible to  bid  who  did  not
register  with the county collector at least 10 business days
prior to the first day of sale authorized under Section 60.

    Section 160.  Forfeited mobile home.  Every  mobile  home
offered  at  public  sale,  and not sold for want of bidders,
shall be forfeited to the State of  Illinois.  However,  when
the  court,  county  clerk, and county treasurer certify that
the taxes on a forfeited mobile  home  equal  or  exceed  the
actual  value of the mobile home, the county collector shall,
on the receipt of such certificate, offer the mobile home for
sale to the highest  bidder,  after  first  giving  10  days'
notice, in the manner described in Sections 55 and 60, of the
time  and  place  of sale, together with a description of the
mobile home to be offered. A certificate of purchase shall be
issued to the  purchaser  at  the  sale  as  in  other  cases
provided  in  this  Act.  The  county collector shall receive
credit in the settlement with the taxing bodies for which the
tax was levied for the amount not realized by the  sale.  The
amount received from the sale shall be paid by the collector,
pro rata, to the taxing bodies entitled to it.

    Section  165.   Record of sales and redemptions. When any
mobile home is sold, the county clerk shall enter on the  Tax
Judgment,  Sale,  Redemption  and  Forfeiture  Record, in the
blank columns provided for that  purpose,  the  name  of  the
purchaser and the final bid. When any mobile home is redeemed
from  sale,  the  county  clerk  shall  enter the name of the
person redeeming, the redemption  date,  and  the  amount  of
redemption, in the proper column.

    Section  170.   Record  of  forfeitures. All mobile homes
forfeited to the State at the sale shall be noted on the  Tax
Judgment, Sale, Redemption and Forfeiture Record.

    Section  175.   Payment for mobile homes purchased at tax
sale; reoffering for  sale.   Except  as  otherwise  provided
below,  the person purchasing any mobile home shall be liable
to the county for the amount due and shall forthwith  pay  to
the  county  collector the amount charged on the mobile home.
Upon failure to do so, the amount due shall be recoverable in
a civil action brought in the name of the People of the State
of Illinois in any  court  of  competent  jurisdiction.   The
person  so  purchasing shall be relieved of liability only by
payment of the amount due together with  interest  and  costs
thereon,  or  if  the  mobile  home is reoffered at the sale,
purchased, and paid for.  Reoffering of the mobile  home  for
sale  shall  be  at the discretion of the collector. The sale
shall not be closed until payment is made or the mobile  home
again  offered for sale. The purchaser then shall be entitled
to a  certificate  of  purchase.  If  a  purchaser  fails  to
complete his or her purchase as provided in this Section, the
purchase  shall  become  void,  and  be of no effect, but the
collector shall not refund the amount paid  in  cash  at  the
time  of  the  sale,  except  in cases of sale in error. That
amount shall be treated as a payment and distributed  to  the
taxing  bodies as other collections are distributed. The lien
for taxes for the amount paid  shall  remain  on  the  mobile
home, in favor of the purchaser, his or her heirs or assigns,
until  paid with 5% interest per year on that amount from the
date the purchaser paid it.  The  amount  and  fact  of  such
ineffective  purchase  shall  be entered in the tax judgment,
sale, redemption and forfeiture record  opposite  the  mobile
home upon which the lien remains. No redemption shall be made
without  payment  of  this  amount  for  the  benefit  of the
purchaser, and no future sale of the  mobile  home  shall  be
made except subject to the lien of such purchaser.

    Section  180.   Automation fee.  The county collector may
assess to the purchaser of a mobile home for delinquent taxes
an automation fee of not more than $10 per  mobile  home.  In
counties with less than 3,000,000 inhabitants:
    (a)  The fee shall be paid at the time of the purchase if
the  record keeping system used for processing the delinquent
mobile home tax sales is automated or has been  approved  for
automation by the county board. The fee shall be collected in
the same manner as other fees or costs.
    (b)  Fees  collected under this Section shall be retained
by the county treasurer in a fund designated as the Tax  Sale
Automation  Fund.  The  fund  shall  be audited by the county
auditor. The county board shall make  expenditures  from  the
fund  to  pay  any  costs related to the automation of mobile
home tax collections and delinquent mobile  home  tax  sales,
including  the  cost  of  hardware,  software,  research  and
development, and personnel.
    Section  185.   Certificate of purchase. The county clerk
shall make out and deliver to the  purchaser  of  any  mobile
home  sold  under  Section  145,  a  certificate  of purchase
countersigned by the collector, describing  the  mobile  home
sold,  including the vehicle identification number, the model
year, and the square footage, the date of sale, the amount of
taxes, interest, and cost for which it  was  sold,  and  that
payment  of  the  sale  price  has  been  made. If any person
becomes the purchaser of more than one mobile home  owned  by
one  party or person, the purchaser may have the whole or one
or more of them included in  one  certificate,  but  separate
certificates   shall   be   issued  in  all  other  cases.  A
certificate of purchase shall be assignable  by  endorsement.
An  assignment shall vest in the assignee or his or her legal
representatives, all the right  and  title  of  the  original
purchaser.
    If  the  tax certificate is lost or destroyed, the county
clerk  shall  issue  a  duplicate  certificate  upon  written
request and a sworn affidavit by the tax sale  purchaser,  or
his  or  her  assignee,  that  the tax certificate is lost or
destroyed. The county clerk shall cause a notation to be made
in  the  tax  sale  and  judgment  book  that   a   duplicate
certificate has been issued, and redemption payments shall be
made only to the holder of the duplicate certificate.

    Section 190.  Index of tax sale records. The county clerk
may  make  an  index of tax-sale records.  The index shall be
kept in the county clerk's office as a public record, open to
inspection during office hours.

    Section 195.  County clerk's  books  and  records;  prima
facie evidence. The books and records of the county clerk, or
copies  thereof, certified by the clerk, shall be prima facie
evidence to prove the sale of any mobile home for taxes,  the
redemption of the mobile home, or payment of taxes thereon.

          Division 5.  Scavenger sales; procedures

    Section  200.   Collector's  scavenger  sale.   Upon  the
county  collector's application under Section 90, to be known
as the Scavenger Sale  Application,  the  Court  shall  enter
judgment for the taxes, interest, penalties, and costs as are
included  in  the  advertisement and appear to be due thereon
after allowing an opportunity to object and  a  hearing  upon
the  objections  as  provided in Section 115, and order those
mobile homes sold by the county collector at public  sale  to
the  highest  bidder for cash, notwithstanding the bid may be
less than the full amount of taxes, interest, penalties,  and
costs for which judgment has been entered.
    (a)  Conducting  the  sale;  bidding.    All mobile homes
shall be offered for sale in consecutive order as they appear
in the delinquent list. The minimum bid for any  mobile  home
shall  be  $250 or one-half of the tax if the total liability
is less than $500.  The successful bidder  shall  immediately
pay  the  amount  of  minimum  bid to the County Collector in
cash, by certified or cashier's check, by money order, or, if
the successful bidder is a  governmental  unit,  by  a  check
issued  by  that  governmental  unit.  If the bid exceeds the
minimum bid, the successful bidder shall pay the  balance  of
the  bid  to  the  county  collector in cash, by certified or
cashier's check, by money order, or, if the successful bidder
is  a  governmental  unit,  by  a  check   issued   by   that
governmental unit  by the close of the next business day.  If
the  minimum  bid  is  not paid at the time of sale or if the
balance is not paid by the close of the  next  business  day,
then  the  sale  is  void  and  the  minimum bid, if paid, is
forfeited to the county general fund.   In  that  event,  the
mobile home shall be reoffered for sale within 30 days of the
last   offering  of  mobile  homes  in  regular  order.   The
collector shall make available to the public a  list  of  all
mobile  homes  to  be  included  in any reoffering due to the
voiding of the original sale.  The collector is not  required
to  serve  or  publish  any other notice of the reoffering of
those mobile homes. In the event that any of the mobile homes
are not sold upon reoffering, or are sold for less  than  the
amount  of  the original voided sale, the original bidder who
failed to pay the bid amount  shall  remain  liable  for  the
unpaid  balance  of  the  bid in an action under Section 175.
Liability  shall  not  be  reduced  where  the  bidder   upon
reoffering  also  fails  to  pay  the bid amount, and in that
event both bidders shall remain liable for the unpaid balance
of their respective bids. A sale of mobile homes  under  this
Section shall not be final until confirmed by the court.
    (b)  Confirmation  of  sales.  The county collector shall
file his or her report of sale in the court  within  30  days
after the date of sale of each mobile home.  No notice of the
county  collector's application to confirm the sales shall be
required except as prescribed by rule  of  the  court.   Upon
confirmation,  except  in  cases  where the sale becomes void
under  Section  430,  or  in  cases  where   the   order   of
confirmation  is  vacated  by  the  court,  a sale under this
Section shall extinguish the in rem lien of  the  taxes,  for
which  judgment  has  been entered and a redemption shall not
revive the lien.  Confirmation of the sale shall in no  event
affect  the  owner's  personal  liability  to  pay the taxes,
interest, and penalties as provided in this  Act  or  prevent
institution  of a proceeding under Section 355 to collect any
amount that may remain due after the sale.
    (c)  Issuance of tax sale certificates. Upon confirmation
of the sale, the county clerk and the county collector  shall
issue  to the purchaser a certificate of purchase in the form
prescribed by Section 185 as near as may be.   A  certificate
of  purchase  shall  not  be  issued  to  any  person  who is
ineligible to bid at the sale or to receive a certificate  of
purchase under Section 205.
    (d)  Scavenger  Tax Judgment, Sale and Redemption Record;
sale of parcels not sold.  The county collector shall prepare
a Scavenger Tax Judgment, Sale and  Redemption  Record.   The
county  clerk  shall  write  or  stamp  on  the scavenger tax
judgment, sale, forfeiture and redemption record opposite the
description of any mobile home offered for sale and not sold,
or not confirmed for any reason, the words "offered  but  not
sold".  The mobile homes that are offered for sale under this
Section and not sold or not confirmed shall  be  offered  for
sale  annually  thereafter  in  the  manner  provided in this
Section until sold. At any  time  between  annual  sales  the
county  collector  may  advertise  for  sale any mobile homes
subject to sale under judgments for sale  previously  entered
under  this  Section  and  not  executed for any reason.  The
advertisement and sale shall be regulated by  the  provisions
of this Act as far as applicable.
    (e)  Proceeding to tax certificate of title. The owner of
the  certificate of purchase shall give notice as required by
Sections 365 through  390,  and  may  extend  the  period  of
redemption  as  provided by Section 330. At any time within 5
months prior to expiration of the period of redemption from a
sale under this Act, the owner of a certificate  of  purchase
may file a petition and may obtain a tax certificate of title
under  Sections  390  through  410.  All  proceedings for the
issuance  of  a  tax  certificate  of  title  and   all   tax
certificates  of  title  for  mobile  homes  sold  under this
Section shall be subject to Sections 390 through  410.   This
Section shall be liberally construed so that the certificates
of  title  provided  for  in this Section convey merchantable
title.
    (f)  Redemptions from scavenger sales. Redemptions may be
made from sales under this Section in  the  same  manner  and
upon  the same terms and conditions as redemptions from sales
made under the  county  collector's  annual  application  for
judgment  and  order  of sale, except that in lieu of penalty
the person redeeming shall pay interest on that part  of  the
amount  for  which  the mobile home was sold equal to or less
than  the  full  amount  of  delinquent   taxes,   penalties,
interest,  and  costs,  included in the judgment and order of
sale as follows:
         (1)  If redeemed within the first 2 months from  the
    date  of the sale, 3% per month upon the amount of taxes,
    penalties, interest, and costs due for each of the  first
    2 months, or fraction thereof.
         (2)  If  redeemed at any time between 2 and 6 months
    from the date of the sale, 12% of the  amount  of  taxes,
    penalties, interest, and costs due.
         (3)  If redeemed at any time between 6 and 12 months
    from  the  date  of the sale, 24% of the amount of taxes,
    penalties, interest, and costs due.
         (4)  If redeemed at  any  time  between  12  and  18
    months  from  the  date of the sale, 36% of the amount of
    taxes, penalties, interest, and costs due.
         (5)  If redeemed at  any  time  between  18  and  24
    months  from  the  date of the sale, 48% of the amount of
    taxes, penalties, interest, and costs due.
         (6)  If redeemed after 24 months from  the  date  of
    sale,  the  48%  provided for the 24 months together with
    interest at 6% per annum  thereafter  on  the  amount  of
    taxes, penalties, interest, and costs due.
    The  person  redeeming  shall  not be required to pay any
interest on any part of the amount for which the mobile  home
was  sold  that  exceeds the full amount of delinquent taxes,
penalties, interest, and costs included in the  judgment  and
order of sale.
    Notwithstanding  any other provision of this Section, the
amount required to be paid for redemption shall also  include
an  amount  equal  to all delinquent taxes on the mobile home
which taxes  were  delinquent  at  the  time  of  sale.   The
delinquent taxes shall be apportioned by the county collector
among  the  taxing  districts  in  which  the  mobile home is
situated in accordance with law. In the event that all moneys
received from any sale held  under  this  Section  exceed  an
amount equal to all delinquent taxes on the mobile home sold,
which  taxes  were  delinquent  at the time of sale, together
with all publication and  other  costs  associated  with  the
sale,  then,  upon  redemption,  the county collector and the
county clerk shall apply the excess amount  to  the  cost  of
redemption.
    (g)  Bidding  by  county  or other taxing districts.  Any
taxing district may bid at  a  scavenger  sale.   The  county
board  of  the  county in which mobile homes offered for sale
under this Section are located may bid  as  trustee  for  all
taxing  districts  having  an  interest  in the taxes for the
nonpayment of which the mobile homes are offered. The  county
shall  apply  on the bid the unpaid taxes due upon the mobile
home and no cash need be paid. The  county  or  other  taxing
district  acquiring  a  tax  sale  certificate shall take all
steps necessary to acquire certificate of title to the mobile
home and may manage and operate the mobile home so acquired.
    When a  county,  or  other  taxing  district  within  the
county,  is  a  petitioner for a tax certificate of title, no
filing fee shall be required on the petition. The county as a
tax creditor and as trustee for other tax creditors, or other
taxing district within the county shall not  be  required  to
allege  and  prove that all taxes that become due and payable
after the sale to the county have been paid. The county shall
not be required to pay the subsequently accruing taxes at any
time. Upon the written request of the  county  board  or  its
designee,  the  county  collector  shall not offer the mobile
home for sale at any tax sale subsequent to the sale  of  the
mobile  home  to  the  county under this Section. The lien of
taxes that become due and payable after a sale  to  a  county
shall  merge in the certificate title of the county, or other
taxing district, on the issuance of a certificate  of  title.
The  County  may  sell  the  mobile homes so acquired, or the
certificate of purchase thereto, and the proceeds of the sale
shall be distributed to the taxing districts in proportion to
their respective interests therein. The presiding officer  of
the  county  board, with the advice and consent of the county
board, may appoint some officer or person to attend scavenger
sales and bid on its behalf.
    (h)  Miscellaneous provisions. In the event that a mobile
home sold at any such sale is not redeemed  within  the  time
permitted  by  law  and a tax certificate of title is issued,
all moneys that may be received from the sale of mobile homes
in  excess  of  the  delinquent  taxes,  together  with   all
publication  and other costs associated with the sale, shall,
upon petition of any  interested  party  to  the  court  that
issued  the  tax  certificate of title, be distributed by the
county collector pursuant to order of  the  court  among  the
persons  having  legal  or  equitable interests in the mobile
home according to the fair value of their  interests  in  the
mobile  home.  Appeals  may  be  taken  from  the  orders and
judgments entered under this Section as in other civil cases.
The remedy herein provided is in addition to  other  remedies
for the collection of delinquent taxes.

    Section  205.   Scavenger sale; persons ineligible to bid
or purchase.
    (a)  No person, except a unit of local government,  shall
be  eligible  to  bid or receive a certificate of purchase at
any sale under Section 200 unless that person  has  completed
and  delivered  to  the  county  clerk  a true, accurate, and
complete application for certificate of purchase which  shall
affirm that:
         (1)  the  person  has  not  bid  upon  or applied to
    purchase any mobile home at the sale for a person who  is
    the  party or agent of the party who owns the mobile home
    or is responsible  for  the  payment  of  the  delinquent
    taxes;
         (2)  the  person  is not, nor is he or she the agent
    for, the owner or party responsible for  payment  of  the
    taxes  on  any  mobile  home which is located in the same
    county in which  the  sale  is  held  and  which  is  tax
    delinquent  or forfeited for all or any part of each of 2
    or more years; and
         (3)  the person, although otherwise eligible to bid,
    has not either directly or through an agent twice  during
    the  same  sale  failed  to  complete  a  purchase by the
    immediate payment of the minimum bid or  the  payment  of
    the  balance of a bid within the time provided by Section
    200.

    Section 210.  Scavenger  sale  registration.  No  person,
except  a  unit of local government, shall be eligible to bid
or to receive a certificate of purchase who did not  register
with the county collector at least 5 business days in advance
of the first day of the sale under Section 200. The collector
may charge, for each registration, a fee of not more than $50
in   counties   with   less   than   3,000,000   inhabitants.
Registration  shall  be made upon such forms and according to
such regulations as the county collector deems  necessary  in
order  to  effect  complete  and  accurate  disclosure of the
identity of all persons beneficially interested, directly  or
indirectly,  in  each sale under Section 200. The information
to be disclosed shall include, but not  be  limited  to,  the
name,  address, and telephone number of the purchaser to whom
the  clerk  and  collector  will  be  requested  to  issue  a
certificate of purchase; if the purchaser is  a  corporation,
the place of incorporation and the names and addresses of its
shareholders  unless the corporation is publicly held; if the
purchaser is a partnership, the names and  addresses  of  all
general  and  limited  partners;  if  the  purchaser is doing
business under an assumed business  name,  the  county  where
such  name  is  registered  and  the  names,  addresses,  and
telephone numbers of all persons having an ownership interest
in  the  business; and the identity and location of any other
tax delinquent mobile home owned by the bidder and purchaser.
    Every application for certificate of  purchase  and  form
for  registration authorized and required by this Section and
Section 215 shall be executed under  penalty  of  perjury  as
though  under  oath or affirmation, but no acknowledgement is
required.

    Section 215.  Scavenger sale; application for certificate
of purchase. The  application  for  certificate  of  purchase
shall  be  executed  by  the  purchaser and by any individual
bidder acting in  the  purchaser's  behalf.  The  application
shall be initially executed and delivered to the county clerk
at  the time of registration for the sale as provided in this
Section. Before receiving any certificate of  purchase,  each
purchaser  and  individual  bidder  acting in the purchaser's
behalf shall sign and deliver to the county clerk a  schedule
or schedules of the mobile homes for which that purchaser has
successfully  bid and is applying to purchase, which schedule
or schedules shall be attached to and incorporated within the
application.  The schedule or schedules shall be  accompanied
by  a  fee,  for  each mobile home listed, of $10 in counties
with less than 3,000,000  inhabitants.  The  application  and
schedule or schedules shall be in substantially the following
form:
           APPLICATION FOR CERTIFICATE OF PURCHASE
Date of Application: ...............
Name of Purchaser: .................
Address: ...........................
Name of Bidder: ....................
Address: ...........................
    I  (we)  hereby  apply  to  the  County  Clerk and County
Treasurer of ..... County for issuance of  a  certificate  of
purchase  for  each  of  the  mobile  homes  on  the attached
schedule(s), and state as follows:
    1.  I (we) made (or authorized)  the  successful  bid  on
each mobile home listed on the attached schedule or schedules
at  the  sale of delinquent mobile homes under Section 200 of
the Mobile Home Local Services Tax Enforcement Act  conducted
by  the  County  Treasurer  of ..... County, Illinois, on the
dates indicated for each mobile home on the schedule(s).
    2.  At least 5 business days before the first day of this
sale, I (we) submitted  a  truthful,  accurate  and  complete
registration  to the Treasurer of ..... County on the form(s)
and  according  to  the   regulations   prescribed   by   the
Treasurer's office.
    3.  Neither  I  (we) nor any person or firm identified in
the registration submitted to the Treasurer of  .....  County
was  an  owner or agent of an owner, lienholder or agent of a
lienholder (other than the mobile home park owner or  his  or
her  agent),  holder  of  beneficial  interest  or agent of a
holder of a beneficial interest in  or  of  any  mobile  home
identified on the schedule(s) attached to this application on
January  1st  of any years for which taxes were delinquent at
the time of my (our) bid(s) described in the schedule(s).
    4.  Neither I (we) nor any person or firm  identified  in
the  registration  submitted to the Treasurer of ..... County
was an owner or agent of an owner, lienholder or agent  of  a
lienholder  (other  than the mobile home park owner or his or
her agent), holder of a beneficial interest  or  agent  of  a
holder  of  a  beneficial  interest  in or of the mobile home
identified on the schedule(s) attached to this application at
the time of the bid(s) described in the schedule.
    5.  Neither I (we) nor any person or firm  identified  in
the  registration  submitted to the Treasurer of ..... County
was an owner or agent for an owner, or party or agent  for  a
party responsible for the payment of delinquent taxes, on any
mobile  home  in  the  county  that  was  tax  delinquent  or
forfeited for all or any part of each of 2 or more years when
the registration was submitted.
    6.  Neither  I  (we)  nor  any  person acting in my (our)
behalf has twice failed to complete a purchase  at  the  sale
during  which  the  mobile  homes on the attached schedule(s)
were offered by failing to immediately pay a minimum  bid  or
by  failing  to  pay the balance of a bid for any mobile home
within one business day thereafter.
    I  (we)  hereby  affirm  that  I  (we)  have  read   this
application and that the statements made in it are personally
known  by  me  (us)  to be true, accurate and complete, under
penalty of perjury as provided by law.
    I (we) further understand that this application shall  be
void  unless  the  schedule(s) of mobile homes referred to in
the application is  (are)  completed  and  delivered  to  the
County Clerk.
........................                Dated: ..............
(Signature of Purchaser)
........................                Dated: ..............
(Signature of Bidder)
                   SCHEDULE OF PROPERTIES
Mobile home vehicle identification number
(or other identification)                         Date of Bid
(insert number or other identification)         (insert date)
    I  (we)  hereby  affirm that I (we) successfully bid upon
the above mobile homes at the sale conducted  by  the  County
Treasurer  of ..... County on the indicated dates, and I (we)
request that the County Clerk of  .....  County  attach  this
schedule  to my (our) application for certificate of purchase
dated ......
    Signed under penalty of perjury as provided by law:
........................                Dated: ..............
(Signature of Purchaser)
........................                Dated: ..............
(Signature of Bidder)

    Section 220. Scavenger sale; ineligible bid; liability.
    (a)  Any person who is ineligible under  Section  205  to
bid or to receive a certificate of purchase from a sale under
Section  200,  who  nevertheless  registers to bid or bids or
receives or acquires ownership of a certificate  of  purchase
from a sale, and any person who registers to bid or bids at a
sale  on  behalf of an ineligible person, shall be personally
liable, jointly and severally, in a sum  equal  to  the  full
amount of delinquent or forfeited taxes, interest, penalties,
and  costs  for which the judgment for sale under Section 200
was entered.
    (b)  The State's Attorney of the county in which the sale
under Section 200 was conducted may bring an  action  in  the
name  of  the  People  of  the  State of Illinois against the
person and, upon a finding of liability under  this  Section,
the  court  shall  enter judgment against the person in a sum
equal to the full amount of delinquent  or  forfeited  taxes,
interest,  penalties,  and  costs for which judgment for sale
under Section 200 was entered, together with the costs of the
action and reasonable attorney's fees. The  proceeds  of  any
judgment  under  this  Section  shall be paid into the county
general fund.
    Section 225.  Tax scavenger sale fraud; definitions.  For
purposes of Section 230:
         (1)  "Ownership  interest"  means any title or other
    interest in  a  mobile  home,  the  holder  of  which  is
    considered  to  be  the  owner  of  the  mobile  home for
    purposes of taxation under Section 3 of the  Mobile  Home
    Local  Services  Tax Act. Mobile home park owners are not
    deemed to have an ownership interest as defined  in  this
    Section.
         (2)  "Nonownership interest" means any interest in a
    mobile  home  other  than a contingent interest and other
    than an ownership interest as defined  in  this  Section,
    including without limitation an easement or lien.
         (3)  "Mobile  home"  has the same meaning as defined
    in Section 1 of the Mobile Home Local Services Tax Act.

    Section 230.  Offense of scavenger sale fraud.  A  person
commits the offense of tax sale fraud who knowingly:
         (a)  enters  a  bid  or  authorizes  or procures the
    entry of a bid on any mobile home offered for sale  under
    Section  200,  when the person in whose behalf the bid is
    made or authorized or procured has an ownership  interest
    or  nonownership  interest  in  the mobile home, or where
    that person had such an interest on January 1 of any year
    for which  delinquent  taxes  were  included  within  the
    judgment for sale under Section 200;
         (b)  acquires,  or attempts to acquire, ownership of
    any certificate of purchase for a mobile home sold  under
    Section  200,  when  the  person  in  whose  behalf  such
    certificate  of  purchase  is or would be acquired has an
    ownership interest or nonownership interest in the mobile
    home, or where that person had that interest on January 1
    of any year for  which  delinquent  taxes  were  included
    within the judgment for sale under Section 200;
         (c)  conveys  or assigns any certificate of purchase
    for a mobile home sold under Section 200  to  any  person
    who has an ownership interest or nonownership interest in
    the mobile home, or who had that interest on January 1 of
    any  year for which delinquent taxes were included within
    the judgment for sale under Section 200;
         (d)  makes a false statement in any application  for
    certificate  of  purchase  or registration form submitted
    under Sections 210 and 215; or
         (e)  forfeits 2 or more bids at any one  sale  under
    Section 200 by failing to pay the minimum cash bid timely
    or  by  failing  to  pay the balance of the bid timely as
    required by Section 200.
    Tax sale fraud is a Class A  misdemeanor.   A  subsequent
conviction  for  tax sale fraud as defined in subsections (a)
through (d) of this Section is a Class 4 felony.

         Division 6.  Indemnity fund; sales in error

    Section 235. Creation of indemnity fund.
    (a)  Each person purchasing any mobile  home  at  a  sale
under  this  Act  shall pay to the county collector, prior to
the issuance of any certificate of purchase, a fee of $20 for
each item purchased.  A like sum shall be paid for each  year
that all or a portion of subsequent taxes are paid by the tax
purchaser  and  posted  to the tax judgment, sale, redemption
and forfeiture record where  the  underlying  certificate  of
purchase is recorded.
    (b)  The amount paid prior to issuance of the certificate
of  purchase  pursuant to subsection (a) shall be included in
the purchase price of the mobile home in the  certificate  of
purchase  and  all  amounts  paid under this Section shall be
included in the amount required to redeem under Section  300.
Except  as  otherwise  provided  in subsection (b) of Section
240, all money received under subsection (a) shall be paid by
the collector to the county treasurer of the county in  which
the  mobile home is situated, for the purpose of an indemnity
fund. The county treasurer, as trustee of  that  fund,  shall
invest  all of that fund, principal and income, in his or her
hands from time to time,  if  not  immediately  required  for
payments  of indemnities under subsection (a) of Section 245,
in investments permitted  by  the  Illinois  State  Board  of
Investment  under  Article  22A  of the Illinois Pension Act.
The county collector shall report  annually  to  the  circuit
court  on the condition and income of the fund. The indemnity
fund shall be held to satisfy judgments obtained against  the
county treasurer, as trustee of the fund. No payment shall be
made from the fund, except upon a judgment of the court which
ordered the issuance of a tax certificate of title.

    Section 240. Amount to be retained in indemnity fund.
    (a)  The  county board in each county shall determine the
amount of the fund to be maintained  in  that  county,  which
amount  shall  not  be  less  than  $50,000  and shall not be
greater than $1,000,000 in counties with less than  3,000,000
inhabitants.  Any  moneys accumulated by the county treasurer
in excess of the amount so established,  as  trustee  of  the
fund,  shall  be  paid  by him or her annually to the general
fund of the county.
    (b)  In counties  in  which  a  Tort  Liability  Fund  is
established,  all sums of money received under subsection (a)
of Section 235 may be deposited in the general  fund  of  the
county  for  general  county  governmental  purposes,  if the
county  board  provides  by  ordinance  that  the   indemnity
required  by  this  Section  shall  be  provided  by the Tort
Liability Fund.

    Section 245. Payments from Indemnity Fund.
    (a)  Any owner of a mobile home sold under any  provision
of  this  Act  who  sustains  loss or damage by reason of the
issuance of a tax certificate of title under Section  360  or
400  and  who  is  barred  or  is  in  any way precluded from
bringing an action for the recovery of the mobile home  shall
have the right to indemnity for the loss or damage sustained,
limited as follows:
         (1)  An  owner  who  resided in a mobile home on the
    last day of the period of redemption and who is equitably
    entitled to compensation for the loss or damage sustained
    has the right to indemnity.  An equitable indemnity award
    shall be limited to the fair cash  value  of  the  mobile
    home  as  of  the  date  the tax certificate of title was
    issued less any liens on the mobile home, and  the  award
    will  not  exceed  $99,000.  The  court  shall  liberally
    construe  this  equitable entitlement standard to provide
    compensation wherever, in the discretion  of  the  court,
    the equities warrant the action.
         An  owner  of a mobile home who requests an award in
    excess of $99,000 must prove that the loss of his or  her
    mobile  home was not attributable to his or her own fault
    or negligence before an award in excess of  $99,000  will
    be granted.
         (2)  An owner who sustains the loss or damage of any
    mobile home occasioned by reason of the issuance of a tax
    certificate  of title, without fault or negligence of his
    or her own, has the right to  indemnity  limited  to  the
    fair  cash value of the mobile home less any liens on the
    mobile home.  In determining the existence  of  fault  or
    negligence,  the  court  shall consider whether the owner
    exercised ordinary reasonable diligence under all of  the
    relevant circumstances.
         (3)  In  determining the fair cash value of a mobile
    home less any liens on the mobile  home,  the  fair  cash
    value  shall  be  reduced  by the principal amount of all
    taxes paid by the tax purchaser or his  or  her  assignee
    before the issuance of the tax certificate of title.
         (4)  If  an award made under paragraph (1) or (2) is
    subject to a reduction by the amount  of  an  outstanding
    lien  on the mobile home, other than the principal amount
    of all taxes paid by the tax  purchaser  or  his  or  her
    assignee  before  the  issuance of the tax certificate of
    title and the petitioner would be  personally  liable  to
    the  lienholder for all or part of that reduction amount,
    the court shall order an additional indemnity award to be
    paid directly to the lienholder sufficient  to  discharge
    the  petitioner's  personal  liability. The court, in its
    discretion, may order the joinder of the lienholder as an
    additional party to the indemnity action.
    (b)  Indemnity fund; subrogation.
         (1)  Any person claiming indemnity  hereunder  shall
    petition  the  court which ordered the tax certificate of
    title to issue,  shall  name  the  county  treasurer,  as
    trustee  of  the  indemnity  fund,  as  defendant  to the
    petition, and shall ask that judgment be entered  against
    the  county  treasurer,  as trustee, in the amount of the
    indemnity sought.  The provisions of the  Civil  Practice
    Law shall apply to proceedings under the petition, except
    that neither the petitioner nor county treasurer shall be
    entitled  to trial by jury on the issues presented in the
    petition. The court shall liberally construe this Section
    to provide compensation wherever in the discretion of the
    Court the equities warrant such action.
         (2)  The  county  treasurer,  as  trustee   of   the
    indemnity  fund,  shall  be  subrogated to all parties in
    whose favor judgment may be rendered against him or  her,
    and  by third party complaint may bring in as a defendant
    any person, other  than  the  tax  certificate  of  title
    grantee  and  its successors in title, not a party to the
    action who is  or  may  be  liable  to  him  or  her,  as
    subrogee,  for  all  or  part  of  the petitioner's claim
    against him or her.
    (c)  Any contract involving the proceeds  of  a  judgment
for indemnity under this Section, between the tax certificate
of title grantee or its successors in title and the indemnity
petitioner or his or her successors, shall be in writing.  In
any action brought under this Section, the Collector shall be
entitled  to  discovery  regarding,  but  not limited to, the
following:
         (1)  the  identity  of  all   persons   beneficially
    interested  in  the  contract,  directly  or  indirectly,
    including  at least the following information:  the names
    and addresses  of  any  natural  persons;  the  place  of
    incorporation  of  any  corporation  and  the  names  and
    addresses of its shareholders unless it is publicly held;
    the  names  and  addresses  of  all  general  and limited
    partners of any partnership; the names and  addresses  of
    all  persons  having  an ownership interest in any entity
    doing business under an assumed name, and the  county  in
    which  the  assumed  business name is registered; and the
    nature and extent of the interest in the contract of each
    person identified;
         (2)  the time period during which the  contract  was
    negotiated  and  agreed  upon, from the date of the first
    direct or indirect contact between any of the contracting
    parties to the date of its execution;
         (3)  the name and address of each natural person who
    took part in negotiating the contract, and  the  identity
    and relationship of the party that the person represented
    in the negotiations; and
         (4)  the  existence  of  an agreement for payment of
    attorney's fees by or on behalf of each party.
    Any information disclosed during discovery may be subject
to protective order as deemed appropriate by the  court.  The
terms of the contract shall not be used as evidence of value.

    Section 250.  Indemnity fund fraud.
    (a)  A person commits the offense of indemnity fund fraud
when that person knowingly:
         (1)  offers  or  agrees  to become a party to, or to
    acquire an interest in, a contract involving the proceeds
    of a judgment for indemnity under Section 245 before  the
    end  of  the  period  of  redemption from the tax sale to
    which the judgment relates;
         (2)  fraudulently induces a party to forego bringing
    an action for the recovery of the mobile home;
         (3)  makes a deceptive misrepresentation during  the
    course  of  negotiating an agreement under subsection (c)
    of Section 245; or
         (4)  conspires to violate any of the  provisions  of
    this subsection.
    (b)  Commission  of  any  one act described in subsection
(a) is a Class A misdemeanor. Commission of more than one act
described in subsection (a) during a single course of conduct
is a Class 4 felony. A second or  subsequent  conviction  for
violation of any portion of this Section is a Class 4 felony.
    (c)  The  State's  Attorney  of  the  county  in  which a
judgment for indemnity under Section 245 is entered may bring
a civil action in the name of the  People  of  the  State  of
Illinois against a person who violates paragraph (1), (2), or
(3)  of  subsection  (a).  Upon a finding of liability in the
action the court shall enter judgment in favor of the  People
in  a  sum  equal  to  3 times the amount of the judgment for
indemnity, together with costs of the action  and  reasonable
attorney's  fees.  The  proceeds  of  any judgment under this
subsection shall be paid into the general fund of the county.
    Section 255. Sales in error.
    (a)  When, upon application of the county collector,  the
owner  of the certificate of purchase, or a municipality that
owns or has owned the mobile home ordered sold, it appears to
the satisfaction of the court that ordered  the  mobile  home
sold  that  any  of the following subsections are applicable,
the court shall declare the sale to be a sale in error:
         (1)  the mobile home was not subject to taxation,
         (1.5)  the mobile home has been moved to a different
    location,
         (2)  the taxes had been paid prior to  the  sale  of
    the mobile home,
         (3)  there is a double computation of the tax,
         (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 mobile home),
         (5.5)  the owner of the  mobile  home  had  tendered
    timely  and full payment to the county collector that the
    owner reasonably believed was due and owing on the mobile
    home, and the county collector did not apply the  payment
    to  the mobile home; provided that this provision applies
    only  to  mobile  home  owners,  not  their   agents   or
    third-party payors, or
         (6)  prior   to   the   tax   sale  a  voluntary  or
    involuntary petition has been filed  by  or  against  the
    legal  or  beneficial owner of the mobile home requesting
    relief under the provisions of 11 U.S.C. Chapter  7,  11,
    12, or 13.
    (b)  When,   upon   application   of  the  owner  of  the
certificate of purchase only, it appears to the  satisfaction
of  the  court  that ordered the mobile home 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 certificate of title.
         (2)  The  mobile  home  sold  has been substantially
    destroyed or rendered uninhabitable  or  otherwise  unfit
    for occupancy subsequent to the tax sale and prior to the
    issuance of the tax certificate of title.
    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 mobile home 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  260
through  280, and cancel the certificate so far as it relates
to the mobile home. The county collector  shall  deduct  from
the  accounts of the appropriate taxing bodies their pro rata
amounts paid.

    Section 260.  Interest on refund.
    (a)  In those cases which arise solely under grounds  set
forth in Section 255 or 395, and in no other cases, the court
which orders a sale in error shall also award 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)  Interest  on  the  refund  to  the  owner   of   the
certificate  of purchase shall not be paid (i) in any case in
which the mobile home sold has been  substantially  destroyed
or  rendered  uninhabitable or otherwise unfit for occupancy,
(ii) when the sale in error is made pursuant to Section  395,
or  (iii)  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 255 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.

    Section  265.   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 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  the  other taxes under the same
terms as interest is otherwise payable under Section 260. The
interest under this Section 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
255.

    Section  270.  Orders for payment of interest. The county
treasurer may determine in  his  or  her  discretion  whether
payment  of  interest  and costs shall be made as provided in
Section 275, 280, or 285. If the treasurer determines not  to
make  payment  as  provided  in those Sections, the treasurer
shall pay any interest or costs awarded  under  this  Section
pro  rata  from  those accounts where the principal refund of
the tax sale purchase price under Section 275 is taken.

    Section 275.  Fund for payment of interest.  In  counties
of under 3,000,000 inhabitants, the county board may impose a
fee  of  up  to  $10,  which  shall  be  paid  to  the county
collector, upon each person purchasing any mobile home  at  a
sale  held  under  this  Act,  prior  to  the issuance of any
certificate of purchase. That amount shall be included in the
price paid for the certificate of  purchase  and  the  amount
required to redeem under Section 300.
    All  sums  of  money received under this Section shall be
paid by the collector to the county treasurer of  the  county
in  which  the  mobile  home  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
255. 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
235,  and any funds remaining thereafter shall be paid to the
general fund of the county.

    Section 280.  Claims for interest and costs.  Any  person
claiming  interest  or  costs  under Sections 260 through 275
shall include the claim in his or her petition  for  sale  in
error  under  Section  255.   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  Section
275.   The  fund  shall  be  the sole source for payment  and
satisfaction of orders  for  interest  or  costs,  except  as
otherwise  provided in this Section.  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  255  is
taken.

    Section 285.  Recovery of amount of tax paid by purchaser
at  erroneous  sale.  In addition to all other remedies, when
the purchaser or assignee of a certificate of  purchase  that
has  been  declared  an erroneous sale, has paid any tax upon
the mobile home sold, which was not paid by the owner of  the
mobile  home  and  was  not  refunded to the tax purchaser or
assignee by the county, the purchaser or assignee may recover
from the owner the amount he or she paid, with 10%  interest,
as money paid for the owner's use.

 Division 7.  Redemption procedures and notice requirements

    Section 290.  Right of redemption.
    (a)  Mobile  homes  sold  under  this Act may be redeemed
only by those persons having a right of redemption as defined
in this Section and only in accordance with this Act.
    A right to redeem a mobile home from any sale under  this
Act  shall  exist  in  any owner or person interested in that
mobile home whether or not the interest in  the  mobile  home
sold  is recorded or filed.  Any redemption shall be presumed
to have been made by or on behalf of the owners  and  persons
interested  in the mobile home and shall inure to the benefit
of the persons having the certificate of title to the  mobile
home  redeemed, subject to the right of the person making the
redemption to be reimbursed by the persons benefited.
    (b)  Any person who desires to redeem and does not desire
to contest the validity of a petition for tax certificate  of
title  may  redeem  pursuant  to  this  Section  and  related
Sections  of  this  Act  without submitting a written protest
under Section 21-380.

    Section 295. Period of  redemption.   Mobile  homes  sold
under this Act may be redeemed on or before the expiration of
2  years and 6 months from the date of sale. If, however, the
court that ordered the mobile home sold,  upon  the  verified
petition of the holder of the certificate of purchase brought
within  4  months  from  the date of sale, finds and declares
that the mobile home is abandoned, then the court  may  order
that the mobile home may be redeemed at any time on or before
the expiration of 1 year from the date of sale. Notice of the
hearing  on  a  petition to declare the mobile home abandoned
shall be given to the owner or owners of the mobile home  and
to  the person in whose name the taxes were last assessed, by
certified  or  registered  mail  sent  to  their  last  known
addresses at least 5 days before the date of the hearing.
    If the period of redemption  has  been  extended  by  the
certificate  holder  as  provided  in Section 330, the mobile
home may be redeemed on or  before  the  extended  redemption
date.

    Section  300.  Amount of redemption.  Any person desiring
to redeem shall deposit an amount specified in  this  Section
with  the county clerk of the county in which the mobile home
is situated, in legal money  of  the  United  States,  or  by
cashier's  check, certified check, post office money order or
money order, issued by a financial institution insured by  an
agency  or  instrumentality  of the United States, payable to
the county clerk of the proper county.  The deposit shall  be
deemed  timely  only  if  actually  received in person at the
county clerk's office prior  to  the  close  of  business  as
defined  in  Section 3-2007 of the Counties Code on or before
the expiration of the  period  of  redemption  or  by  United
States  mail  with  a post office cancellation mark dated not
less than one day prior to the expiration of  the  period  of
redemption.   The  deposit shall be in an amount equal to the
total of the following:
         (a)  the certificate amount, which shall include all
    tax principal, interest, and penalties paid  by  the  tax
    purchaser  together  with costs and fees of sale and fees
    paid under Sections 235 and 260 through 280;
         (b)  the accrued penalty, computed through the  date
    of  redemption as a percentage of the certificate amount,
    as follows:
              (1)  if the redemption occurs on or before  the
         expiration  of   6 months from the date of sale, the
         certificate amount times the penalty bid at sale;
              (2)  if the redemption occurs  after  6  months
         from  the  date  of  sale,  and  on  or  before  the
         expiration  of  12 months from the date of sale, the
         certificate amount times 2 times the penalty bid  at
         sale;
              (3)  if  the  redemption occurs after 12 months
         from  the  date  of  sale  and  on  or  before   the
         expiration  of  18 months from the date of sale, the
         certificate amount times 3 times the penalty bid  at
         sale;
              (4)  if  the  redemption occurs after 18 months
         from  the  date  of  sale  and  on  or  before   the
         expiration  of  24 months from the date of sale, the
         certificate amount times 4 times the penalty bid  at
         sale;
              (5)  if  the  redemption occurs after 24 months
         from  the  date  of  sale  and  on  or  before   the
         expiration  of  30 months from the date of sale, the
         certificate amount times 5 times the penalty bid  at
         sale;
              (6)  if  the  redemption occurs after 30 months
         from  the  date  of  sale  and  on  or  before   the
         expiration  of  36 months from the date of sale, the
         certificate amount times 6 times the penalty bid  at
         sale.
         (c)  The  total  of  all  taxes, accrued interest on
    those taxes, and costs charged  in  connection  with  the
    payment  of  those taxes, which have been paid by the tax
    certificate holder on  or  after  the  date  those  taxes
    became  delinquent  together  with  12%  penalty  on each
    amount  so  paid  for  each  year  or   portion   thereof
    intervening between the date of that payment and the date
    of  redemption.  In  counties  with  less  than 3,000,000
    inhabitants, however, a tax certificate  holder  may  not
    pay the subsequent tax for any year, nor shall any tender
    of  such  a payment be accepted, until the subsequent tax
    has become delinquent or until after the  holder  of  the
    certificate  of  purchase  has filed a petition for a tax
    certificate of  title  under  Section  390.   The  person
    redeeming  shall  also pay the amount of interest charged
    on the subsequent tax and paid as a penalty  by  the  tax
    certificate holder.
         (d)  Any   amount   paid   to  redeem  a  forfeiture
    occurring subsequent to the tax sale  together  with  12%
    penalty   thereon   for  each  year  or  portion  thereof
    intervening between the date of the forfeiture redemption
    and the date of redemption from the sale.
         (e)  Any amount paid by the certificate  holder  for
    redemption of a subsequently occurring tax sale.
         (f)  All fees paid to the county clerk under Section
    22-5.
         (g)  All  fees  paid  to  the  circuit clerk and the
    sheriff or coroner in connection with the filing  of  the
    petition  for  tax  certificate  of  title and service of
    notices  under  Sections  375  through  390  and  400  in
    addition to (1) a fee  of  $35  if  a  petition  for  tax
    certificate  of  title has been filed, which fee shall be
    posted  to  the  tax  judgement,  sale,  redemption,  and
    forfeiture record, to be paid to the purchaser or his  or
    her  assignee;  (2) a fee of $4 if a notice under Section
    365 has been filed, which fee shall be posted to the  tax
    judgment,  sale, redemption, and forfeiture record, to be
    paid to the purchaser or his or her assignee; and (3) all
    costs paid to record a lis pendens notice  in  connection
    with  filing  a petition under this Act.  The fees in (1)
    and (2) of this paragraph (g) shall be  exempt  from  the
    posting requirements of Section 305.
         (h)  All  fees paid for publication of notice of the
    tax sale in accordance with Section 380.
         (i)  All  sums  paid  to  any   city,   village   or
    incorporated town for reimbursement under Section 395.
         (j)  All  costs  and  expenses of receivership under
    Section 350, to the extent that these costs and  expenses
    exceed  any  income  from the mobile home in question, if
    the costs and expenditures  have  been  approved  by  the
    court appointing the receiver and a certified copy of the
    order  or approval is filed and posted by the certificate
    holder with the county clerk.  Only actual costs expended
    may be posted on the tax judgment, sale,  redemption  and
    forfeiture record.

    Section  305.  Posting requirements.  Except as otherwise
provided in Section  300,  the  county  clerk  shall  not  be
required  to  include  amounts  described  in  paragraphs (c)
through (j) of Section 300 in the payment for  redemption  or
the  amount  received  for   redemption,  nor  shall  payment
thereof be a charge on the mobile home sold for taxes, unless
the  tax  certificate  holder  has  filed and posted with the
county clerk prior to redemption and in any  event  not  less
than  30  days  prior  to  the  expiration  of  the period of
redemption or extended  period  of  redemption  an  official,
original  or  duplicate  receipt  for  payment of those fees,
costs, and expenses permitted under  paragraphs  (c)  through
(j) of Section 300.

    Section  310.  Deficiency  judgment.   If the sold mobile
home is not redeemed, a  deficiency  judgment  shall  not  be
taken  on account of the receivership proceedings against the
owner or owners of the mobile home.  In the event that income
to the receiver exceeds expenditures, net  income  is  to  be
deposited  with  the clerk of the court ordering the tax sale
and shall be distributed as determined by the court  ordering
the appointment of the receiver.

    Section  315.  Redemption  of  a  forfeited  mobile home.
Except as otherwise provided in Section 320, any mobile  home
forfeited  to  the  State  may  be  redeemed  or  sold in the
following manner:
    When a mobile home  has  been  forfeited  for  delinquent
taxes,  the  person  desiring  to  redeem  shall apply to the
county clerk who shall order the county collector to  receive
from  the person the amount of the forfeited taxes, statutory
costs, interest  prior  to  forfeiture,  printer's  fees  due
thereon  and,  in  addition, forfeiture interest at a rate of
12% per year or fraction thereof. Upon  presentation  of  the
county  clerk's  order to the county collector, the collector
shall receive the amount due on account  of  forfeited  taxes
and  give  the  person  duplicate  receipts,  setting forth a
description of the mobile home and amount  received.  One  of
the  receipts shall be countersigned by the county clerk and,
when so countersigned, shall be evidence of the redemption of
the mobile home. The receipt shall not be valid until  it  is
countersigned by the county clerk. The other receipt shall be
filed by the county clerk in his or her office, and the clerk
shall  make  a  proper entry of the redemption of the  mobile
home on the appropriate books in his or her office and charge
the amount of the redemption to the county collector.

    Section 320.   Partial  redemption  of  forfeited  mobile
homes. In counties with less than 3,000,000 inhabitants, when
forfeited  taxes  on  a  mobile home remain unpaid for one or
more years, it  is  permissible  to  pay  to  the  county  or
township  collector,  one  or  more  full  years  of  back or
forfeited taxes,  interest  prior  to  forfeiture,  statutory
costs,  printers' fees, and forfeiture interest or penalties,
attaching thereto beginning with the earliest year for  which
the  taxes are unpaid. In no case shall payment on account of
a designated years' taxes be accepted unless the sums due for
prior years have first been paid or are tendered at the  same
time.
    Any  person  seeking  to make payments under this Section
shall notify the county clerk of  his  or  her  intention  in
person  or  by  agent or in writing. If notice is given while
the collector has possession of the  collector's  books,  the
county clerk shall prepare an addendum to be presented to the
collector  and attached, by the collector, to the collector's
books on which the description of the  mobile  home  involved
appears,   which   addendum   shall  become  a  part  of  the
collector's books.  If notice is given after  the  tax  sale,
but  before  receipt  by the county collector of the  current
collector's books, the county clerk shall prepare an addendum
and attach it to the  Tax  Judgment,  Sale,  Redemption,  and
Forfeiture record, on which the mobile home involved appears,
which addendum shall become a part of that record.
    The addendum shall show separately, for the year or years
to  be  paid,  (a) the amount of back or forfeited taxes, (b)
interest  prior  to  forfeiture,  (c)  statutory  costs   and
printers'  fees,  and  (d)  forfeiture  interest or penalties
attaching thereto. The county clerk shall, at the same  time,
order the county or town collector to receive from the person
the amount due on account of the taxes, for the year or years
determined as provided above, of the back or forfeited taxes,
interest  prior  to  forfeiture,  statutory  costs, printers'
fees, and forfeiture interest or penalties to date  attaching
to the back or forfeited taxes.
    Upon presentation of the order from the county clerk, and
receipt  of  the addendum if the books are in the collector's
possession, the collector shall receive the sum  tendered  on
account  of  the  taxes for the year or years designated, and
make out duplicate receipts therefor. The receipts shall  set
forth  a  description  of  the mobile home, the year or years
paid, and the total amount received. One copy of the  receipt
shall   be   given   the  person  making  payment  and,  when
countersigned by the county clerk, shall be evidence  of  the
payment  therein set forth. The second copy shall be filed by
the county clerk in his or her office.
    If  the  collector's  books  are   in   the   collector's
possession,  he or she shall enter the payment on the current
collector's books or addendum, and he or she shall also enter
any unpaid balance on the Tax Judgment, Sale, Redemption  and
Forfeiture record at the proper time.
    After  the  tax  sale  and  before  receipt by the county
collector of the current collector's books, the county  clerk
shall  make  a  proper  entry  on  the  Tax  Judgment,  Sale,
Redemption and Forfeiture record, and shall charge the county
collector  with the sum received. The county clerk shall also
enter any unpaid balance on the county collector's  books  at
the proper time.
    The  county  collector shall distribute all sums received
as required by law.

    Section  325.  Redemption  under  protest.   Any   person
redeeming  under  this  Section  at  a time subsequent to the
filing of a petition under Section 390 or 360, who desires to
preserve his or her right to defend against the petition  for
a  tax  certificate of title, shall accompany the deposit for
redemption with a  writing  substantially  in  the  following
form:
                  Redemption Under Protest
Tax Deed Case No. ...........................................
Vol. No. ....................................................
Mobile Home Vehicle Identification No.
    (or other unique description)............................
Original Amount of Tax $.....................................
Amount Deposited for Redemption $............................
Name of Petitioner...........................................
Tax Year Included in Judgment................................
Date of Sale.................................................
Expiration Date of the Period of Redemption..................
To the county clerk of ........ County:
    This  redemption  is made under protest for the following
reasons: (here set forth and specify the grounds relied  upon
for the objection)
Name of party redeeming......................................
Address......................................................
    Any  grounds  for the objection not specified at the time
of the redemption under protest shall not  be  considered  by
the court.  The specified grounds for the objections shall be
limited  to  those defenses as would provide sufficient basis
to deny entry of an order for issuance of a  tax  certificate
of  title.  Nothing  in  this  Section  shall be construed to
authorize  or  revive  any  objection  to  the  tax  sale  or
underlying taxes which was estopped by entry of the order for
sale as set forth in Section 420.
    The person protesting shall present to the county clerk 3
copies of the written protest signed by himself  or  herself.
The  clerk  shall write or stamp the date of receipt upon the
copies and sign them.  He or she  shall  retain  one  of  the
copies,  another he or she shall deliver to the person making
the redemption, who shall file the copy with the clerk of the
court in which the  tax  certificate  of  title  petition  is
pending,  and  the  third  he  or  she  shall  forward to the
petitioner named therein.
    The county clerk shall enter the redemption  as  provided
in  Section  165 and shall note the redemption under protest.
The redemption money so deposited shall not be distributed to
the holder of  the  certificate  of  purchase  but  shall  be
retained  by  the  county  clerk  pending  disposition of the
petition filed under Section 390.
    Redemption under protest constitutes  the  appearance  of
the  person  protesting in the proceedings under Sections 390
through 412 and that person shall present a  defense  to  the
petition  for  tax certificate of title at the time which the
court directs.  Failure to appear and defend shall constitute
a waiver of  the  protest  and  the  court  shall  order  the
redemption money distributed to the holder of the certificate
of  purchase  upon  surrender  of  that certificate and shall
dismiss the proceedings.
    When the party redeeming appears and presents a  defense,
the  court  shall  hear  and  determine  the  matter.  If the
defense is not sustained, the court shall order  the  protest
stricken  and  direct  the  county  clerk  to  distribute the
redemption  money  upon  surrender  of  the  certificate   of
purchase  and  shall  order  the  party  redeeming to pay the
petitioner reasonable expenses, actually incurred,  including
the  cost  of  withheld  redemption  money,  together  with a
reasonable attorney's fee.  Upon  a  finding  sustaining  the
protest  in  whole or in part, the court may declare the sale
to be a sale in error under Section 255 or Section  405,  and
shall  direct  the  county clerk to return all or part of the
redemption money or deposit to the party redeeming.

    Section 330.  Extension of  period  of  redemption.   The
purchaser  or  his  or her assignee of a mobile home sold for
nonpayment of taxes may extend the period  of  redemption  at
any  time  before  the  expiration  of the original period of
redemption, or thereafter prior  to  the  expiration  of  any
extended period of redemption, for a period which will expire
not  later than 3 years from the date of sale, by filing with
the county clerk of the county in which the  mobile  home  is
located a written notice to that effect describing the mobile
home,  stating  the  date  of  the  sale  and  specifying the
extended period of redemption.  If prior to the expiration of
the period of redemption or extended period of  redemption  a
petition  for  tax  certificate of title has been filed under
Section 390, upon application of the  petitioner,  the  court
shall  allow  the  purchaser or his or her assignee to extend
the period of redemption after  expiration  of  the  original
period  or  any  extended period of redemption, provided that
any extension allowed will expire not later than 3 years from
the date of sale.  If the period of redemption  is  extended,
the  purchaser  or  his or her assignee must give the notices
provided for in Section 370 at the specified times  prior  to
the  expiration  of  the  extended  period  of  redemption by
causing a sheriff  (or  if  he  or  she  is  disqualified,  a
coroner)  of the county in which the mobile home, or any part
thereof, is located to  serve  the  notices  as  provided  in
Sections  375  and  380.  The  notices  may also be served as
provided in Sections 375 and 380 by a special process server.

    Section 335.  Effect  of  receipt  of  redemption  money,
forfeiture, withdrawal, or return of certificate. The receipt
of  the  redemption money on any mobile home by any purchaser
or assignee, on account of any forfeiture or  withdrawal,  or
the  return  of  the  certificate  of purchase, withdrawal or
forfeiture for cancellation, shall operate as  a  release  of
the  claim  to  the  mobile  home under, or by virtue of, the
purchase, withdrawal, or forfeiture.

    Section 340.  County clerk to  pay  successor  redemption
money  collected.   At  the  expiration of his or her term of
office, the county clerk shall pay over to the  successor  in
office all moneys in his or her hands received for redemption
from sale for taxes on a mobile home.

    Section  345.  Notice  of order setting aside redemption.
The order shall provide that any person who was  entitled  to
redeem  may  pay to the county clerk within 30 days after the
entry of the order the amount necessary to redeem the  mobile
home  from  the  sale  as  of  the  last day of the period of
redemption. The county clerk  shall  make  an  entry  in  the
annual  tax judgment, sale, redemption, and forfeiture record
reflecting the entry of the order and shall immediately  upon
request  provide an estimate of the amount required to effect
a redemption as of the last date of the period of redemption.
If the amount is paid within  30  days  after  entry  of  the
order,  then   the  court  shall enter an order declaring the
taxes to be paid as if the  mobile  home  had  been  redeemed
within  the  time required by law and dismissing the petition
for tax certificate of title.  A  tax  certificate  of  title
shall not be issued within the 30-day period.  Upon surrender
of  the  certificate  of  purchase,  the  county  clerk shall
distribute the funds deposited as if a timely redemption  had
been made.

                Division 8.  Other procedures

    Section  350.  Waste; appointment of receiver.  After any
sale  of  mobile  homes  under  this  Act  and  until  a  tax
certificate of title has been issued or until redemption  has
been  made,  no waste shall be committed on any of the mobile
homes involved. The court which ordered the mobile home to be
sold may,  upon  verified  petition  of  the  holder  of  the
certificate  of purchase, take such action as the court deems
necessary and desirable to prevent the commission of waste.
    If the mobile home sold is abandoned  or  if  any  mobile
home  park  owner,  municipality  or other local governmental
body  has  legal  action  pending  because  the  mobile  home
violates local building,  housing,  or  fire  ordinances,  or
mobile  home park rules and regulations, or because the taxes
on the mobile home are delinquent for 2 or  more  years,  the
court  which  ordered  the  mobile  home to be sold may, upon
verified  petition  of  the  holder  of  the  certificate  of
purchase, enter an  order  for  appointment  of  a  receiver.
Notice  of  the hearing for appointment of the receiver shall
be given to the owner or owners of the mobile home and to the
person in  whose  name  the  taxes  were  last  assessed,  by
certified  or  registered  mail  sent  to  their  last  known
addresses, at least 5 days prior to the date of the hearing.
    The  receiver may take only that action, subject to court
approval, as is necessary for the preservation of the  mobile
home or is necessary to correct conditions at the mobile home
that  fail  to  conform  to  minimum  standards of health and
safety, as set forth in local ordinances or mobile home  park
rules  and regulations. If a receiver is appointed, all costs
and expenses advanced by the  receiver  shall  be  repaid  as
provided   for  in  Section  300  before  any  redemption  is
considered complete.  The receiver shall  be discharged  upon
redemption  from  the  tax  sale  or  upon  entry of an order
directing issuance of a tax certificate  of  title.   Nothing
herein   contained  is  intended  to  prevent  a  court  from
appointing the holder  of  the  certificate  of  purchase  as
receiver.  The holder of the certificate of purchase shall be
made  a  party  to  any  action  or proceeding to demolish or
destroy a mobile home where the mobile home has been sold for
failure to pay taxes and the period  of  redemption  has  not
expired.
    Section  355.  Action for collection of taxes. The county
board may, at any time after final judgment and order of sale
against a delinquent mobile home under Section 120, institute
a civil action in the name of the  People  of  the  State  of
Illinois  in  the  circuit court for the whole amount due for
taxes on the delinquent or forfeited mobile home. Any county,
city, village, incorporated town, school  district  or  other
municipal  corporation  to  which any tax is due, may, at any
time after final judgment  under  Section  120,  institute  a
civil  action  in its own name, in the circuit court, for the
amount of the tax due to it on the  delinquent  or  forfeited
mobile home, and prosecute the same to final judgment. On the
sale  of  any  mobile  home  following  judgment in the civil
action, the county, city, village, incorporated town,  school
district  or  other  municipal corporation, interested in the
collection of the tax, may become purchaser at the  sale.  If
the  mobile  home  so  sold is not redeemed the purchaser may
acquire, hold, sell or dispose of the title thereto, the same
as individuals may do under the laws of this State.   In  any
action  for  delinquent or forfeited taxes, the fact that the
mobile home was assessed to a person  shall  be  prima  facie
evidence  that  the  person  was  the  owner thereof, and was
liable for the taxes for the year  or  years  for  which  the
assessment  was  made.   That  fact  may  be  proved  by  the
introduction  in  evidence  of  the proper assessment book or
roll, or other competent proof.  Any  judgment  rendered  for
delinquent  or  forfeited  taxes  under  this  Section  shall
include  the  costs  of  the action and reasonable attorney's
fees.

    Section  360.  Tax  foreclosure  proceedings.    In   tax
foreclosure proceedings, the purchaser or assignee shall file
a  petition  for  a certificate of title in the proceeding in
which the foreclosure  order  was  entered.   Notice  of  the
filing  of  the  petition  and of the hearing on the petition
shall be given in conformity with rule or practice  of  court
in regard to motions as in other civil actions.

    Division 9. Tax certificates of title and procedures

    Section  365.  Notice  of sale and redemption rights.  In
order to be entitled to a tax certificate of title, within  4
months  and  15  days after any sale held under this Act, the
purchaser or his or her assignee shall deliver to the  county
clerk  a  notice  to  be given to the party in whose name the
taxes are last assessed as  shown  by  the  most  recent  tax
collector's  warrant  books, in at least 10 point type in the
following form completely filled in:
                         TAKE NOTICE
    County of ...............................................
    Date Premises Sold ......................................
    Certificate No. .........................................
    Sold for Taxes of (year) ................................
    Warrant No. ...............   Inst. No. .................
               THIS PROPERTY HAS BEEN SOLD FOR
                      DELINQUENT TAXES
Property located at .........................................
Mobile Home  Vehicle  Identification  No.  (or  other  unique
description) ................................................
.............................................................
.............................................................
    This  notice  is to advise you that the above mobile home
has  been sold for delinquent taxes and that  the  period  of
redemption from the sale will expire on .....................
    This notice is also to advise you that a petition will be
filed  for  a  tax  certificate  of title which will transfer
certificate of title and the  right  to  possession  of  this
mobile home if redemption is not made on or before ..........
    At  the  date  of  this notice the total amount which you
must pay in order to redeem the above mobile home is ........
           YOU ARE URGED TO REDEEM IMMEDIATELY TO
                  PREVENT LOSS OF PROPERTY
    Redemption can be made at any time on or before  ....  by
applying  to the County Clerk of .... County, Illinois at the
County Court House in ...., Illinois.
    The above amount  is  subject  to  increase  at  6  month
intervals from the date of sale.  Check with the county clerk
as  to  the  exact  amount you owe before redeeming.  Payment
must be made  by  certified  check,  cashier's  check,  money
order, or in cash.
    For further information contact the County Clerk.
...............................
Purchaser or Assignee
    Dated (insert date).

    Within  10  days after receipt of said notice, the county
clerk shall mail to the addresses supplied by  the  purchaser
or  assignee, by registered or certified mail, copies of said
notice to the party in whose name the taxes are last assessed
as shown by the most recent tax  collector's  warrant  books.
The purchaser or assignee shall pay to the clerk postage plus
the  sum  of $10.  The clerk shall write or stamp the date of
receiving the notices upon the copies  of  the  notices,  and
retain one copy.

    Section   370.  Notice   of   expiration   of  period  of
redemption.  A purchaser or assignee shall not be entitled to
a tax certificate of title to the mobile  home  sold  unless,
not  less  than  3 months nor more than 5 months prior to the
expiration of the period  of  redemption,  he  or  she  gives
notice  of  the sale and the date of expiration of the period
of  redemption  to  the  owners,   occupants,   and   parties
interested in the mobile home as provided below.
    The  Notice  to  be  given  to the parties shall be in at
least 10 point type in the following form  completely  filled
in:
TAX DEED NO. ....................  FILED ....................
                         TAKE NOTICE
    County of ...............................................
    Date Premises Sold ......................................
    Certificate No.  ........................................
    Sold for Taxes of (year) ................................
    Warrant No. ................  Inst. No. .................
               THIS PROPERTY HAS BEEN SOLD FOR
                      DELINQUENT TAXES
Property located at .........................................
Mobile  Home  Vehicle  Identification  No.  (or  other unique
description) ................................................
.............................................................
.............................................................
    This notice is to advise you that the above  mobile  home
has  been  sold  for  delinquent taxes and that the period of
redemption from the sale will expire on .....................
.............................................................
    The amount to redeem is subject to increase  at  6  month
intervals  from the date of sale and may be further increased
if the purchaser at the tax sale or his or her assignee  pays
any  subsequently  accruing  taxes  to redeem the mobile home
from subsequent forfeitures or  tax  sales.  Check  with  the
county clerk as to the exact amount you owe before redeeming.
    This  notice  is  also  to advise you that a petition has
been filed for a tax certificate of title which will transfer
certificate of title and the  right  to  possession  of  this
mobile home if redemption is not made on or before ..........
    This  matter  is  set for hearing in the Circuit Court of
this county in ...., Illinois on .....
    You may be present at this  hearing  but  your  right  to
redeem will already have expired at that time.
             YOU ARE URGED TO REDEEM IMMEDIATELY
                 TO PREVENT LOSS OF PROPERTY
    Redemption  can be made at any time on or before ....  by
applying to the County Clerk of .... County, Illinois at  the
County Court House in ...., Illinois.
    For  further  information   contact  the  County   Clerk.
                                   ..........................
                                     Purchaser or Assignee.

    Section  375.  Service of notice. The purchaser or his or
her assignee shall give the notice required by Section 370 by
causing it to be published in a newspaper  as  set  forth  in
Section  380.  In  addition,  the notice shall be served by a
process server or sheriff (or if he or she  is  disqualified,
by  a  coroner)  of  the  county  in which the mobile home is
located upon owners who reside in the  mobile  home  sold  by
leaving a copy of the notice with those owners personally.
    The  same  form  of  notice shall also be served upon all
other owners and parties interested in the  mobile  home,  if
upon  diligent  inquiry  they can be found in the county, and
upon the occupants  of  the  mobile  home  in  the  following
manner:
         (a)  as to individuals, by (1) leaving a copy of the
    notice  with  the  person  personally or (2) by leaving a
    copy at his or her usual place of residence with a person
    of the family, of the  age  of  13  years  or  more,  and
    informing that person of its contents.  The person making
    the  service  shall cause a copy of the notice to be sent
    by  registered  or   certified   mail,   return   receipt
    requested,  to  that  party  at his or her usual place of
    residence;
         (b)  as  to   public   and   private   corporations,
    municipal, governmental and quasi-municipal corporations,
    partnerships,  receivers and trustees of corporations, by
    leaving a copy of the notice with the  person  designated
    by the Civil Practice Law.
    When  a party interested in the mobile home is a trustee,
notice served upon the trustee shall be deemed to  have  been
served  upon any beneficiary or note holder thereunder unless
the holder of the note is disclosed of record.
    When a judgment is a lien upon the mobile home sold,  the
holder of the lien shall be served with notice if the name of
the  judgment  debtor  as  shown in the transcript, certified
copy or  memorandum of judgment filed of record is identical,
as to given name and surname, with  the  name  of  the  party
interested as it appears of record.
    If  any  owner or party interested, upon diligent inquiry
and effort, cannot be found or  served  with  notice  in  the
county  as provided in this Section, and the person in actual
occupancy and possession is tenant to, or in possession under
the owners or the parties interested in the mobile home, then
service of notice upon the  tenant,  occupant  or  person  in
possession shall be deemed service upon the owners or parties
interested.
    If  any  owner or party interested, upon diligent inquiry
and effort cannot be found  or  served  with  notice  in  the
county, then the person making the service shall cause a copy
of  the  notice  to  be sent by registered or certified mail,
return receipt  requested,  to  that  party  at  his  or  her
residence, if ascertainable.

    Section  380.  Proof of service of notice; publication of
notice. The sheriff or coroner serving notice  under  Section
375  shall endorse his or her return thereon and file it with
the clerk of the circuit court and it shall be a part of  the
court  record.   A  special  process  server  appointed under
Section 375 shall make his or her  return  by  affidavit  and
shall  file  it with the clerk of the circuit court, where it
shall be a part of the court record.  If a  sheriff,  special
process  server,  or  coroner to whom any notice is delivered
for service, neglects or refuses  to  make  the  return,  the
purchaser  or  his  or her assignee may petition the court to
enter a rule requiring the sheriff, special  process  server,
or  coroner to make return of the notice on a day to be fixed
by the court, or to show cause on that  day  why  he  or  she
should  not  be  attached  for  contempt  of  the  court. The
purchaser or assignee shall cause a  written  notice  of  the
rule  to  be served upon the sheriff, special process server,
or coroner.  If good  and  sufficient  cause  to  excuse  the
sheriff, special process server, or coroner is not shown, the
court  shall adjudge him or her guilty of contempt, and shall
proceed to punish him as in other cases of contempt.
    If the mobile home is located  in  a  municipality  in  a
county with less than 3,000,000 inhabitants, the purchaser or
his  or  her  assignee  shall also publish a notice as to the
owner or party interested, in some newspaper published in the
municipality.  If the mobile home is not in a municipality in
a county with less  than  3,000,000  inhabitants,  or  if  no
newspaper is published therein, the notice shall be published
in  some  newspaper  in  the  county.   If  no  newspaper  is
published  in  the county, then the notice shall be published
in the newspaper that is published nearest the county seat of
the county in which the mobile home is located. If the owners
and parties interested  in  the  mobile  home  upon  diligent
inquiry  are unknown to the purchaser or his or her assignee,
the publication as to such owner or party interested, may  be
made  to unknown owners or parties interested.  Any notice by
publication given under this Section shall be given  3  times
at  any  time  after filing a petition for tax certificate of
title, but not less than 3 months  nor  more  than  5  months
prior  to  the  expiration  of the period of redemption.  The
publication shall contain (a) notice of  the  filing  of  the
petition  for tax certificate of title, (b) the date on which
the petitioner intends to make application for  an  order  on
the  petition  that  a  tax certificate of title issue, (c) a
description of the mobile home, (d) the date upon  which  the
mobile home was sold, (e) the taxes for which it was sold and
(f)  the  date on which the period of redemption will expire.
The publication shall not include more than one  mobile  home
listed  and  sold  in  one description, except as provided in
Section 35, and except that when more than one mobile home is
owned by one person, all of the mobile homes  owned  by  that
person may be included in one notice.

    Section  385.  Mailed  notice.  In addition to the notice
required to be served not less than 3 months nor more than  5
months  prior  to the expiration of the period of redemption,
the purchaser or  his  or  her  assignee  shall  prepare  and
deliver  to  the  clerk of the circuit court of the county in
which the mobile home is located, the notice provided for  in
this  Section,  together with the statutory costs for mailing
the notice by certified mail, return receipt requested.   The
form  of  notice to be mailed by the clerk shall be identical
in form to that provided by  Section  370  for  service  upon
owners residing in the mobile home sold, except that it shall
bear  the  signature  of  the  clerk  and shall designate the
parties to whom it is to be mailed.  The  clerk  may  furnish
the   form.   The  clerk  shall  promptly  mail  the  notices
delivered to him or her by  certified  mail,  return  receipt
requested.  The  certificate  of the clerk that he or she has
mailed the notices, together with the return receipts,  shall
be filed in and made a part of the court record.  The notices
shall  be  mailed  to  the owners of the mobile home at their
last known addresses, and to those persons who  are  entitled
to service of notice as occupants.
    Section  390.  Petition for certificate of title.  At any
time within 5 months but not less than 3 months prior to  the
expiration  of  the  redemption period for a mobile home sold
pursuant to judgment and order  of  sale  under  Sections  55
through  65  or 200, the purchaser or his or her assignee may
file a petition in the circuit court in the  same  proceeding
in  which the judgment and order of sale were entered, asking
that the court  direct  the  county  clerk  to  issue  a  tax
certificate  of title if the mobile home is not redeemed from
the sale. The petition shall be accompanied by the  statutory
filing fee.
    Notice  of  filing the petition and the date on which the
petitioner intends to apply for an order on the petition that
a certificate of title be issued if the mobile  home  is  not
redeemed  shall  be  given  to occupants, owners, and persons
interested in the mobile home as part of the notice  provided
in Sections 370 through 385, except that only one publication
is required. The county clerk shall be notified of the filing
of  the  petition  and any person owning or interested in the
mobile home  may,  if  he  or  she  desires,  appear  in  the
proceeding.

    Section   395.  Reimbursement   of   municipality  before
issuance of tax certificate  of  title.   An  order  for  the
issuance  of  a tax certificate of title under this Act shall
not be entered affecting the title  to  or  interest  in  any
mobile  home  in  which a city, village, or incorporated town
has an  interest  under  the  police  and  welfare  power  by
advancements  made  from public funds, until the purchaser or
assignee  makes  reimbursement  to  the  city,  village,   or
incorporated  town  of  the  money  so  advanced or the city,
village, or town waives its lien on the mobile home  for  the
money  so  advanced.   However,  in  lieu of reimbursement or
waiver, the  purchaser  or  his  or  her  assignee  may  make
application  for  and  the  court  shall  order  that the tax
purchase be set aside as  a  sale  in  error.   A  filing  or
appearance  fee  shall not be required of a city, village, or
incorporated town seeking to enforce  its  claim  under  this
Section in a tax certificate of title proceeding.

    Section   400.  Issuance   of   certificate   of   title;
possession.
    (a)  If the redemption period expires and the mobile home
has  not  been  redeemed  and  all taxes which became due and
payable subsequent  to  the  sale  have  been  paid  and  all
forfeitures and sales which occur subsequent to the sale have
been redeemed and the notices required by law have been given
and  all  advancements of public funds under the police power
made by a city, village, or town under Section  395 have been
paid and the petitioner has complied with all the  provisions
of  law  entitling  him or her to a certificate of title, the
court shall so find and shall enter an  order  directing  the
Secretary  of  State  on the production of the certificate of
purchase and a certified copy of the order, to issue  to  the
purchaser  or his or her assignee a tax certificate of title.
The court shall insist on strict compliance with Sections 370
through 385.  Prior to the entry of an  order  directing  the
issuance  of a tax certificate of title, the petitioner shall
furnish the  court  with  a  report  of  proceedings  of  the
evidence  received  on the application for tax certificate of
title and the report of proceedings shall be filed and made a
part of the court record.
    (b)  If taxes for years prior to  the  year  sold  remain
delinquent  at  the  time  of  the  tax  certificate of title
hearing, those delinquent taxes may be merged  into  the  tax
certificate  of  title if the court determines that all other
requirements for receiving an order directing the issuance of
the tax certificate  of  title  are  fulfilled  and  makes  a
further determination under either paragraph (1) or (2).
         (1)  Incomplete estimate.
              (A)  The  mobile home in question was purchased
         at an annual sale; and
              (B)  the statement and  estimate  of  forfeited
         taxes  furnished  by  the  county  clerk pursuant to
         Section 175 failed to include all  delinquent  taxes
         as of the date of that estimate's issuance.
         (2)  Vacating order.
              (A)  The  petitioner furnishes the court with a
         certified copy of an order vacating a prior sale for
         the subject mobile home;
              (B)  the order vacating the  sale  was  entered
         after the date of purchase for the subject taxes;
              (C)  the  sale in error was granted pursuant to
         paragraphs (1), (2), or (4)  of  subsection  (b)  of
         Section 255 or Section 395; and
              (D)  the tax purchaser who received the sale in
         error  has  no affiliation, direct or indirect, with
         the petitioner in the present  proceeding  and  that
         petitioner  has signed an affidavit attesting to the
         lack of affiliation.
If delinquent taxes are merged into the  tax  certificate  of
title  pursuant  to  this  subsection,  a declaration to that
effect shall be included in the order directing  issuance  of
the  tax  certificate  of  title.   Nothing contained in this
Section shall relieve any owner liable for delinquent  mobile
home  taxes under the Mobile Home Local Services Tax Act from
the payment of the taxes that have been merged into the title
upon issuance of the tax certificate of title.
    (c)  Upon application the court shall enter an  order  to
place  the  tax certificate of title grantee in possession of
the mobile home and may enter orders and grant relief as  may
be   necessary  or  desirable  to  maintain  the  grantee  in
possession.

    Section 402.  Mobile homes located in  manufactured  home
community; requirements.  The person who has a certificate of
purchase  and obtains a court order directing the issuance of
a tax certificate of title under Section  400  for  a  mobile
home  located  on  a  lot in a manufactured home community is
liable for lot rent (at the prevailing rate) beginning on the
date of the entry of the court order  and  shall  either  (i)
qualify  for  tenancy  in  the manufactured home community in
accordance with the community's normal  tenant  qualification
and  screening procedures or (ii) remove the mobile home from
the lot no later than 30 days after the date of the entry  of
the court order.

    Section  405.  Tax  certificate  of  title  incontestable
unless  order appealed or relief petitioned. Tax certificates
of title issued under Section 395 are incontestable except by
appeal from the order of the court directing the county clerk
to issue the tax certificate of title.  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 mobile home was exempt from taxation;
    (3)  proof  by clear and convincing evidence that the tax
certificate of title 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 mobile home  that
he  or she was not named as a party in the publication notice
as set forth in Section 380, 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 370 through 390.
    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 235 and may
grant relief under either Section.

    Section 410. Denial of certificate of title. If the court
refuses to enter an order directing the Secretary of State to
execute and deliver the tax certificate of title, 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  certificate  of
title,  it  shall order the return of the purchase price, and
subsequent taxes and posted costs forthwith, as  in  case  of
sales in error, except that no interest shall be paid.

    Section   412.  Tax   certificate  of  titles  to  convey
merchantable  title.   This  Section   shall   be   liberally
construed  so  that  tax  certificate  of titles shall convey
merchantable title.

    Section  415.  Form  of  certificate  of  title.   A  tax
certificate of title executed by the Secretary of State vests
in the grantee the certificate of title of  the  mobile  home
therein  described without further acknowledgment or evidence
of the conveyance.  The conveyance shall be substantially  in
the following form:
    At  a  public  sale of mobile homes for the nonpayment of
taxes, held  in  the  ....  County,  on  (insert  date),  the
following   described  mobile  home  was  sold:  (here  place
description of mobile home conveyed).  The  mobile  home  not
having been redeemed from the sale, and it appearing that the
holder  of the certificate of purchase of the mobile home has
complied with the laws of the State of Illinois necessary  to
entitle  (insert  him, her or them) to a certificate of title
of the mobile home: I ....,  (Secretary  of  State  official)
....,  in  consideration  of the mobile home and by virtue of
the statutes of the State of Illinois in such cases provided,
issue a certificate of title to  ....  for  the  mobile  home
described above.
    Dated (insert date).
                            Signature of ....................
                                         (Secretary of State)

    Section  420.  Certificate of title; prima facie evidence
of regularity of sale.
    (a)  As  to  the  mobile  home  conveyed   therein,   tax
certificates  of title executed by the Secretary of State are
prima  facie  evidence  of  the  following   facts   in   all
controversies  and suits in relation to the rights of the tax
certificate of title grantee and his or her heirs or assigns:
         (1)  the  mobile  home  conveyed  was   subject   to
    taxation  at  the time the tax was charged and was listed
    and charged in the time and manner required by law;
         (2)  the taxes were not paid at any time before  the
    sale;
         (3)  the  mobile home was advertised for sale in the
    manner and for the length of time required by law;
         (4)  the mobile home was sold for taxes as stated in
    the certificate of title;
         (5)  the sale was conducted in the  manner  required
    by law;
         (6)  the  mobile home conveyed was not redeemed from
    the sale within the time permitted by law;
         (7)  the grantee in the certificate of title was the
    purchaser or assignee of the purchaser.
    (b)  Any  order  for  the  sale  of  a  mobile  home  for
delinquent  taxes,  except  as  otherwise  provided  in  this
Section, shall estop all parties from raising any  objections
to  the order or to a tax certificate of title based thereon,
which existed at or before the rendition of  the  order,  and
which   could  have  been  presented  as  a  defense  to  the
application for the order.  The order  itself  is  conclusive
evidence  of  its  regularity  and validity in all collateral
proceedings, except in cases where the tax was paid prior  to
the sale or the mobile home was exempt from taxes.

    Section   425.  Order   of   court   setting   aside  tax
certificate of title; payments to holder  of  certificate  of
title.
    (a)  Any  order  of court vacating an order directing the
Secretary of State to issue a tax certificate of title  based
upon  a  finding  that  the  mobile  home  was not subject to
taxation, or that the taxes had been paid prior to  the  sale
of  the mobile home, or that the tax sale was otherwise void,
shall declare the tax sale to be a sale in error pursuant  to
Section  255  of this Act.  The order shall direct the county
collector to refund to the tax certificate of  title  grantee
or   his  or  her  successors  and  assigns  (or,  if  a  tax
certificate of title has not yet issued, the  holder  of  the
certificate of purchase) the following amounts:
         (1)  all  taxes  purchased, paid, or redeemed by the
    tax purchaser or his or  her  assignee,  or  by  the  tax
    certificate of title grantee or his or her successors and
    assigns,  whether  before or after entry of the order for
    tax certificate of title, with interest at the rate of 1%
    per month from the date each amount was  paid  until  the
    date of payment pursuant to this Section;
         (2)  all  costs  paid  and  posted  to  the judgment
    record  and  not  included  in  paragraph  (1)  of   this
    subsection (a); and
         (3)  court  reporter  fees  for  the  hearing on the
    application for tax certificate of title  and  transcript
    thereof,  cost  of  certification  of  tax certificate of
    title order, cost  of  issuance  of  tax  certificate  of
    title,  and  cost of transferring certificate of title to
    the tax purchaser.
    (b)  Except in those cases described in subsection (a) of
this Section, and unless the  court  on  motion  of  the  tax
certificate of title petitioner extends the redemption period
to  a  date not later than 3 years from the date of sale, any
order of court finding that an order directing the  Secretary
of  State  to  issue  a  tax  certificate  of title should be
vacated shall direct the party who successfully contested the
entry of the order to pay to the  tax  certificate  of  title
grantee  or  his  or her successors and assigns (or, if a tax
certificate of title has not yet issued, the  holder  of  the
certificate) within 90 days after the date of the finding:
         (1)  the  amount necessary to redeem the mobile home
    from the sale as  of  the  last  day  of  the  period  of
    redemption,  except that, if the sale is a scavenger sale
    pursuant to Section  200  of  this  Act,  the  redemption
    amount   shall   not  include  an  amount  equal  to  all
    delinquent taxes on such mobile  home  which  taxes  were
    delinquent at the time of sale; and
         (2)  amounts in satisfaction of municipal liens paid
    by  the  tax  purchaser  or  his or her assignee, and the
    amounts specified in paragraphs (1) and (3) of subsection
    (a) of this Section, to the extent the  amounts  are  not
    included in paragraph (1) of this subsection (b).
    If  the payment is not made within the 90-day period, the
petition to vacate the order directing the Secretary of State
to issue a tax certificate of  title  shall  be  denied  with
prejudice,  and the order directing the Secretary of State to
issue a tax certificate of title shall remain in  full  force
and  effect.  No final order vacating any order directing the
Secretary of State to issue a tax certificate of title  shall
be  entered pursuant to this subsection (b) until the payment
has been made.

    Section 430.  Failure to timely transfer  certificate  of
title;  tax  certificate of title is void.  Unless the holder
of the certificate purchased at any tax sale under  this  Act
transfers  the  certificate of title within one year from and
after the time for redemption  expires,  the  certificate  of
purchase  or order for tax certificate of title, and the sale
on which it is based, shall, after the expiration of the  one
year   period,   be   absolutely   void   with  no  right  to
reimbursement.  If the holder of the certificate of  purchase
is  prevented  from  obtaining  a  certificate  of  title  by
injunction  or  order  of  any  court,  or  by the refusal or
inability of any court to act upon the application for a  tax
certificate  of  title, or by the refusal of the Secretary of
State to execute the same certificate of title, the  time  he
or  she is so prevented shall be excluded from computation of
the one year period.  Certificates of purchase and orders for
tax certificates of title executed by the court shall  recite
the qualifications required in this Section.

             Division 900. Amendatory provisions

    Section  905.   The Mobile Home Local Services Tax Act is
amended by changing Sections 6, 8, 9, and 10.1 as follows:

    (35 ILCS 515/6) (from Ch. 120, par. 1206)
    Sec. 6. Computation, certification, and  distribution  of
tax.  Except as otherwise provided in this Section, within 60
days  of  receipt of each registration form, the county clerk
or, in  counties  in  which  a  county  assessor  is  elected
pursuant to Section 3-45 of the Property Tax Code, the county
assessor shall compute the tax due, as provided in Section 3,
and  certify  the  tax to the county treasurer who shall mail
the tax bill to the owner of such mobile home at the time  he
receives  the  certification  or  on the annual billing date,
whichever  occurs  later.  If  the   registration   form   is
accompanied by a receipt for privilege taxes paid in Illinois
for  the  current tax year, no further privilege tax shall be
imposed for the remainder of the current tax  year.   If  the
mobile  home is initially harbored after the annual liability
date, as provided in Section 3 of this Act, the county  clerk
or  county assessor shall reduce such tax 1/12 for each month
that has passed since such annual liability date.   A  mobile
home  harbored  after  the  first  day of such month shall be
considered to have been harbored for the entire month for the
purposes of this  Section.   Thereafter,  for  taxable  years
prior  to  taxable  year  2003, except for the year 1976, the
county clerk or county assessor shall compute such tax as  of
the first day of June of each year and certify the tax to the
county  treasurer.  For taxable year 2003 and thereafter, the
county clerk or county assessor shall compute the tax  as  of
the  first  day  of March of each year and certify the tax to
the county treasurer. Such tax shall be due  and  payable  to
the county treasurer within 60 days after the treasurer mails
the  tax  bill  to the address of record.  The first tax bill
mailed for taxable year  2003  shall  include  the  following
notice: "The manner in which delinquent taxes on mobile homes
are collected has been changed by the enactment of the Mobile
Home Local Services Tax Enforcement Act.  Failure to pay this
tax  can  result  in a penalty of $25 per month."  The county
treasurer shall distribute such taxes  to  the  local  taxing
districts  within  the  boundaries of which such mobile homes
are located, in the same proportion  as  the  property  taxes
collectible for each such taxing district in the prior year.
    In  order to effect the change of the annual billing date
and the date of liability, provided for  by  this  amendatory
Act  of  1975, the county clerk shall compute such  tax as of
July 1, 1976, for the 1/2 year  period  from  July  1,  1976,
through  December  31,  1976, at 1/2 the amount of the annual
tax.  The tax for such period  shall  be  certified,  billed,
collected  and  distributed in the same manner as is provided
in this Section as taxes  for  a  full  year,  and  shall  be
subject  to  a  proportionate reduction if the mobile home is
initially harbored after July 1, 1976 and before  January  1,
1977.
(Source: P.A. 88-670, eff. 12-2-94.)

    (35 ILCS 515/8) (from Ch. 120, par. 1208)
    Sec.  8.  Failure to pay tax; lien. If any local services
tax imposed by this Act is not  paid  when  due,  the  county
treasurer  of  the county in which the mobile home is located
shall have a lien on the mobile home for the  amount  of  the
tax,  addition  to  the  tax,  penalty and interest due.  The
treasurer  shall  notify  the  taxpayer  in  writing  of  the
existence of the lien.  Such lien shall terminate (i)  unless
the  county  treasurer files  with the county recorder of the
county in which the mobile home is located a notice of  lien,
within  one  year  of such tax due date or (ii) if the county
treasurer  applies  for  judgment  and  order  of  sale   for
delinquent  taxes  on mobile homes pursuant to the provisions
of the Mobile Home Local Services Tax Enforcement Act and the
taxes are sold.  From the time of the filing, the amount  set
forth  in  the  certificate  also constitutes a lien upon all
property of the taxpayer then  owned  by  him  or  thereafter
acquired  by  him  in the period before the expiration of the
lien. Such liens have the same force, effect and priority  as
a  judgment  lien  and continue for 10 years from the date of
the recording unless sooner released or otherwise discharged.
The county treasurer may, at any time,  release  all  or  any
portion  of  the property subject to any lien provided for in
this Act or  subordinate  the  lien  to  other  liens  if  he
determines  that the taxes are sufficiently secured by a lien
or other property of the taxpayer  or  that  the  release  or
subordination of the lien will not endanger or jeopardize the
collection of the taxes.
    If  the owner of a mobile home upon which the tax has not
been paid does not make payment within 6 months after a  lien
has  been  filed,  civil  action  may  be  instituted  by the
collector for the amount of the tax, plus interest, penalties
and costs.  If sale of the property is ordered, the court may
direct the sale to be made in cash or on such terms as it may
deem in the best interests of all  parties.   The  court  may
direct  that  such  sale  be  held  by the sheriff or in open
court.
(Source: P.A. 83-871.)

    (35 ILCS 515/9) (from Ch. 120, par. 1209)
    Sec. 9.  Additional charge for delinquent taxes;  penalty
for  fraud.   For  taxable  years prior to 2003, if any local
services tax, or part thereof, imposed by  this  Act  is  not
paid on or before the due date for such tax, interest on such
amount  at the rate of 1 1/2% per month shall be paid for the
period from such due date to the  date  of  payment  of  such
amount.  For  taxable  year 2003 and thereafter, if any local
services tax, or part thereof, imposed by  this  Act  is  not
paid  on  or  before  the due date for such tax, the taxpayer
shall be required to pay a penalty of $25 per month,  or  any
portion  thereof,  not to exceed $100. If such failure to pay
such tax is the result of fraud, there shall be added to  the
tax as a penalty an amount equal to 50% of the deficiency.
(Source: P.A. 83-546.)

    (35 ILCS 515/10.1) (from Ch. 120, par. 1210.1)
    Sec.  10.1.  Notice  to  assessor of ownership change. An
operator of a mobile home park licensed under the  provisions
of  the  Mobile  Home Park Act and any land owner on which an
inhabited mobile home is located  "An  Act  to  provide  for,
license  and  regulate mobile homes and mobile home parks and
to repeal an Act named herein", approved September  8,  1971,
as  amended,  shall  notify the township assessor, if any, or
the Supervisor of Assessments or county assessor if there  is
no  township  assessor,  or  the  county  assessor  in  those
counties  in  which  a county assessor is elected pursuant to
Section 3-45 of the Property  Tax  Code,  when  a  change  in
ownership  occurs  in a mobile home located in such a park or
on such land.   Such  notification  shall  include  the  same
information  for  the  new  owner  as  that  contained in the
registration form required of mobile home park operators  and
mobile home owners by Section 4 of this Act.
(Source: P.A. 88-670, eff. 12-2-94.)

    Section  910.   The  Illinois  Vehicle Code is amended by
changing Section 3-114 as follows:

    (625 ILCS 5/3-114) (from Ch. 95 1/2, par. 3-114)
    (Text of Section before amendment by P.A. 91-893)
    Sec. 3-114.  Transfer by operation of law.
    (a)  If the interest of an owner in a vehicle  passes  to
another  other  than  by  voluntary  transfer, the transferee
shall, except as provided in paragraph (b), promptly mail  or
deliver  within  20  days  to the Secretary of State the last
certificate of title, if available, proof  of  the  transfer,
and  his  application  for  a new certificate in the form the
Secretary of State prescribes. It shall be unlawful  for  any
person  having  possession  of  a  certificate of title for a
motor vehicle, semi-trailer, or house car by  reason  of  his
having  a  lien  or  encumbrance  on such vehicle, to fail or
refuse to deliver such certificate to  the  owner,  upon  the
satisfaction   or  discharge  of  the  lien  or  encumbrance,
indicated upon such certificate of title.
    (b)  If the interest of an owner in a vehicle  passes  to
another  under the provisions of the Small Estates provisions
of the Probate Act of 1975 the transferee shall promptly mail
or deliver to the Secretary of State, within  120  days,  the
last  certificate  of  title, if available, the documentation
required under the provisions of the Probate Act of 1975, and
an application for certificate of  title.  The  Small  Estate
Affidavit  form shall be furnished by the Secretary of State.
The transfer may be to the transferee or to  the  nominee  of
the transferee.
    (c)  If  the  interest of an owner in a vehicle passes to
another under other provisions of the Probate Act of 1975, as
amended, and the transfer is  made  by  a  representative  or
guardian,  such  transferee shall promptly mail or deliver to
the Secretary of State, the last  certificate  of  title,  if
available,  and  a certified copy of the letters of office or
guardianship, and an application for  certificate  of  title.
Such  application  shall be made before the estate is closed.
The transfer may be to the transferee or to  the  nominee  of
the transferee.
    (d)  If  the interest of an owner in joint tenancy passes
to  the  other  joint  tenant  with  survivorship  rights  as
provided by  law,  the  transferee  shall  promptly  mail  or
deliver  to  the  Secretary of State, the last certificate of
title, if available, proof of death of the one  joint  tenant
and  survivorship  of  the  surviving  joint  tenant,  and an
application for certificate of title. Such application  shall
be  made within 120 days after the death of the joint tenant.
The transfer may be to the transferee or to  the  nominee  of
the transferee.
    (e)  The  Secretary  of State shall transfer a decedent's
vehicle title to any legatee, representative or heir  of  the
decedent who submits to the Secretary a death certificate and
an  affidavit  by  an  attorney  at  law  on  the  letterhead
stationery   of  the attorney at law stating the facts of the
transfer.
    (f)  Repossession with assignment of title.  In all cases
wherein a lienholder has repossessed a vehicle by other  than
judicial  process  and  holds  it for resale under a security
agreement, and the owner of record has executed an assignment
of the existing  certificate  of  title  after  default,  the
lienholder  may  proceed  to sell or otherwise dispose of the
vehicle as authorized  under  the  Uniform  Commercial  Code.
Upon  selling  the  vehicle to another person, the lienholder
need not send the certificate of title to  the  Secretary  of
State,  but shall promptly and within 20 days mail or deliver
to the purchaser as transferee the  existing  certificate  of
title  for the repossessed vehicle, reflecting the release of
the  lienholder's  security  interest  in  the  vehicle.  The
application for a certificate of title made by the  purchaser
shall  comply  with  subsection  (a)  of Section 3-104 and be
accompanied by the existing  certificate  of  title  for  the
repossessed   vehicle.   The  lienholder  shall  execute  the
assignment and warranty of title showing the name and address
of the purchaser in  the  spaces  provided  therefor  on  the
certificate of title or as the Secretary of State prescribes.
The  lienholder shall complete the assignment of title in the
certificate of title to reflect the transfer of  the  vehicle
to  the  lienholder  and  also  a reassignment to reflect the
transfer from the lienholder  to  the  purchaser.   For  this
purpose,   the   lienholder  is  specifically  authorized  to
complete and execute the space reserved in the certificate of
title for a dealer  reassignment,  notwithstanding  that  the
lienholder is not a licensed dealer.  Nothing herein shall be
construed  to mean that the lienholder is taking title to the
repossessed vehicle for purposes of  liability  for  retailer
occupation,  vehicle  use,  or  other tax with respect to the
proceeds  from  the  repossession  sale.    Delivery  of  the
existing certificate of  title  to  the  purchaser  shall  be
deemed  disclosure  to  the  purchaser  of  the  owner of the
vehicle.
    (f-5)  Repossession without assignment of title.  In  all
cases wherein a lienholder has repossessed a vehicle by other
than  judicial  process  and  holds  it  for  resale  under a
security agreement, and the owner of record has not  executed
an  assignment  of  the  existing  certificate  of title, the
lienholder shall comply with the following provisions:
         (1)  Prior to sale, the lienholder shall deliver  or
    mail  to  the owner at the owner's last known address and
    to any other lienholder of record, a notice of redemption
    setting forth the following information: (i) the name  of
    the  owner  of record and in bold type at or near the top
    of the notice a statement that the  owner's  vehicle  was
    repossessed  on  a  specified  date  for  failure to make
    payments  on  the  loan  (or  other   reason),   (ii)   a
    description of the vehicle subject to the lien sufficient
    to  identify  it,  (iii) the right of the owner to redeem
    the vehicle, (iv) the  lienholder's  intent  to  sell  or
    otherwise  dispose of the vehicle after the expiration of
    21 days from the date  of  mailing  or  delivery  of  the
    notice,  and  (v) the name, address, and telephone number
    of the lienholder from whom information may  be  obtained
    concerning  the amount due to redeem the vehicle and from
    whom the vehicle may be redeemed under Section  9-506  of
    the Uniform Commercial Code.  At the lienholder's option,
    the  information  required to be set forth in this notice
    of redemption may be made a  part  of  or  accompany  the
    notification  of sale or other disposition required under
    subsection (3) of Section 9-504 of the Uniform Commercial
    Code, but none of the information required by this notice
    shall  be  construed  to  impose  any  requirement  under
    Article 9 of the Uniform Commercial Code.
         (2)  With respect to the repossession of  a  vehicle
    used   primarily   for  personal,  family,  or  household
    purposes, the lienholder shall also deliver  or  mail  to
    the  owner at the owner's last known address an affidavit
    of defense.  The affidavit of defense shall accompany the
    notice of redemption required in subdivision (f-5)(1)  of
    this Section. The affidavit of defense shall (i) identify
    the  lienholder,  owner,  and  the  vehicle; (ii) provide
    space for the owner to state the defense claimed  by  the
    owner;  and  (iii) include an acknowledgment by the owner
    that the owner may be liable to the lienholder for  fees,
    charges,   and   costs  incurred  by  the  lienholder  in
    establishing  the  insufficiency  or  invalidity  of  the
    owner's defense.  To stop  the  transfer  of  title,  the
    affidavit  of  defense must be received by the lienholder
    no later than 21  days  after  the  date  of  mailing  or
    delivery  of  the notice required in subdivision (f-5)(1)
    of this Section. If the lienholder receives the affidavit
    from the owner in a timely manner,  the  lienholder  must
    apply  to  a court of competent jurisdiction to determine
    if the  lienholder  is  entitled  to  possession  of  the
    vehicle.
         (3)  Upon selling the vehicle to another person, the
    lienholder  need not send the certificate of title to the
    Secretary of State, but shall promptly and within 20 days
    mail or deliver to the purchaser as  transferee  (i)  the
    existing   certificate   of  title  for  the  repossessed
    vehicle,  reflecting  the  release  of  the  lienholder's
    security interest in the vehicle; and (ii)  an  affidavit
    of  repossession  made  by or on behalf of the lienholder
    which  provides  the  following  information:  that   the
    vehicle  was  repossessed,  a  description of the vehicle
    sufficient to identify it, whether the vehicle  has  been
    damaged  in excess of 33 1/3% of its fair market value as
    required under subdivision  (b)(3)  of  Section  3-117.1,
    that  the  owner  and any other lienholder of record were
    given the notice required in subdivision (f-5)(1) of this
    Section, that the owner of record was given the affidavit
    of defense  required  in  subdivision  (f-5)(2)  of  this
    Section,  that  the  interest  of  the owner was lawfully
    terminated or sold pursuant to the terms of the  security
    agreement,  and  the purchaser's name and address. If the
    vehicle is damaged in excess  of  33  1/3%  of  its  fair
    market value, the lienholder shall make application for a
    salvage  certificate  under  Section 3-117.1 and transfer
    the vehicle to a person eligible to  receive  assignments
    of salvage certificates identified in Section 3-118.
         (4)  The application for a certificate of title made
    by  the  purchaser  shall  comply  with subsection (a) of
    Section 3-104 and be  accompanied  by  the  affidavit  of
    repossession furnished by the lienholder and the existing
    certificate  of  title  for  the repossessed vehicle. The
    lienholder shall execute the assignment and  warranty  of
    title  showing  the  name and address of the purchaser in
    the spaces provided therefor on the certificate of  title
    or  as the Secretary of State prescribes.  The lienholder
    shall complete the assignment of title in the certificate
    of title to reflect the transfer of the  vehicle  to  the
    lienholder   and  also  a  reassignment  to  reflect  the
    transfer from the lienholder to the purchaser.  For  this
    purpose,  the  lienholder  is  specifically authorized to
    execute the assignment on behalf of the owner  as  seller
    if  the owner has not done so and to complete and execute
    the space reserved in the  certificate  of  title  for  a
    dealer  reassignment, notwithstanding that the lienholder
    is not  a  licensed  dealer.   Nothing  herein  shall  be
    construed  to mean that the lienholder is taking title to
    the repossessed vehicle for  purposes  of  liability  for
    retailer  occupation,  vehicle  use,  or  other  tax with
    respect to  the  proceeds  from  the  repossession  sale.
    Delivery  of  the  existing  certificate  of title to the
    purchaser shall be deemed disclosure to the purchaser  of
    the  owner  of  the  vehicle. In the event the lienholder
    does  not  hold  the  certificate  of   title   for   the
    repossessed    vehicle,   the   lienholder   shall   make
    application for and may obtain a new certificate of title
    in the name of the lienholder upon furnishing information
    satisfactory to the Secretary of State.   Upon  receiving
    the  new certificate of title, the lienholder may proceed
    with the sale described in subdivision  (f-5)(3),  except
    that  upon  selling  the  vehicle  the  lienholder  shall
    promptly  and  within  20  days  mail  or  deliver to the
    purchaser the new certificate  of  title  reflecting  the
    assignment and transfer of title to the purchaser.
         (5)  Neither the lienholder nor the owner shall file
    with  the  Office of the Secretary of State the notice of
    redemption  or  affidavit  of  defense     described   in
    subdivisions  (f-5)(1)  and (f-5)(2) of this Section. The
    Office of the Secretary of State shall not determine  the
    merits  of  an owner's affidavit of defense, nor consider
    any allegations or assertions regarding the  validity  or
    invalidity  of  a lienholder's claim to the vehicle or an
    owner's asserted defenses to the repossession action.
    (f-7)  Notice of reinstatement in certain cases.
         (1)  If, at the time of repossession by a lienholder
    that is seeking to transfer title pursuant to  subsection
    (f-5),  the owner has paid an amount equal to 30% or more
    of the deferred payment price or total of  payments  due,
    the   owner   may,   within   21  days  of  the  date  of
    repossession, reinstate the contract  or  loan  agreement
    and  recover the vehicle from the lienholder by tendering
    in a lump sum  (i)  the  total  of  all  unpaid  amounts,
    including  any unpaid delinquency or deferral charges due
    at the date of reinstatement, without  acceleration;  and
    (ii) performance necessary to cure any default other than
    nonpayment  of  the amounts due; and (iii) all reasonable
    costs and fees incurred by the  lienholder  in  retaking,
    holding, and preparing the vehicle for disposition and in
    arranging  for the sale of the vehicle.  Reasonable costs
    and fees  incurred  by  the  lienholder  include  without
    limitation  repossession  and  storage  expenses  and, if
    authorized by the contract or loan agreement,  reasonable
    attorneys' fees and collection agency charges.
         (2)  Tender  of  payment and performance pursuant to
    this limited right of reinstatement restores to the owner
    his rights under the contract or loan agreement as though
    no default had occurred.  The  owner  has  the  right  to
    reinstate  the contract or loan agreement and recover the
    vehicle  from  the  lienholder  only  once   under   this
    subsection.  The lienholder may, in the lienholder's sole
    discretion,  extend the period during which the owner may
    reinstate the contract or loan agreement and recover  the
    vehicle beyond the 21 days allowed under this subsection,
    and  the  extension  shall  not subject the lienholder to
    liability to the owner under the laws of this State.
         (3)  The lienholder shall deliver  or  mail  written
    notice  to  the  owner at the owner's last known address,
    within 3 business days of the date  of  repossession,  of
    the  owner's  right  to  reinstate  the  contract or loan
    agreement and recover the vehicle pursuant to the limited
    right of reinstatement described in this subsection.   At
    the  lienholder's  option, the information required to be
    set forth in this notice of  reinstatement  may  be  made
    part of or accompany the notice of redemption required in
    subdivision (f-5)(1) of this Section and the notification
    of  sale  or  other disposition required under subsection
    (3) of Section 9-504 of the Uniform Commercial Code,  but
    none  of  the  information  required  by  this  notice of
    reinstatement  shall   be   construed   to   impose   any
    requirement  under  Article  9  of the Uniform Commercial
    Code.
         (4)  The reinstatement period,  if  applicable,  and
    the  redemption  period described in subdivision (f-5)(1)
    of  this  Section,  shall   run   concurrently   if   the
    information  required  to  be  set forth in the notice of
    reinstatement is part of or  accompanies  the  notice  of
    redemption.   In  any event, the 21 day redemption period
    described in subdivision (f-5)(1) of this  Section  shall
    commence  on the date of mailing or delivery to the owner
    of the information required to be set forth in the notice
    of  redemption,  and  the  21  day  reinstatement  period
    described  in  this  subdivision,  if  applicable,  shall
    commence on the date of mailing or delivery to the  owner
    of the information required to be set forth in the notice
    of reinstatement.
         (5)  The  Office of the Secretary of State shall not
    determine the merits of an  owner's  claim  of  right  to
    reinstatement, nor consider any allegations or assertions
    regarding  the  validity  or invalidity of a lienholder's
    claim to the vehicle or  an  owner's  asserted  right  to
    reinstatement.    Where   a   lienholder  is  subject  to
    licensing and regulatory  supervision  by  the  State  of
    Illinois,  the  lienholder shall be subject to all of the
    powers and authority of the  lienholder's  primary  State
    regulator  to  enforce compliance with the procedures set
    forth in this subsection (f-7).
    (f-10)  Repossession by judicial process.  In  all  cases
wherein  a  lienholder  has repossessed a vehicle by judicial
process and holds it for resale under a  security  agreement,
order  for  replevin,  or  other court order establishing the
lienholder's  right  to  possession  of  the   vehicle,   the
lienholder  may  proceed  to sell or otherwise dispose of the
vehicle as authorized under the Uniform  Commercial  Code  or
the  court order. Upon selling the vehicle to another person,
the lienholder need not send the certificate of title to  the
Secretary  of  State,  but  shall promptly and within 20 days
mail or deliver  to  the  purchaser  as  transferee  (i)  the
existing  certificate  of  title  for the repossessed vehicle
reflecting the release of the lienholder's security  interest
in the vehicle; (ii) a certified copy of the court order; and
(iii)  a  bill  of  sale identifying the new owner's name and
address and the year, make, model, and vehicle identification
number of the vehicle. The application for a  certificate  of
title  made by the purchaser shall comply with subsection (a)
of Section 3-104 and be accompanied by the certified copy  of
the  court order furnished by the lienholder and the existing
certificate  of  title  for  the  repossessed  vehicle.   The
lienholder shall execute the assignment and warranty of title
showing  the  name and address of the purchaser in the spaces
provided therefor on the  certificate  of  title  or  as  the
Secretary of State prescribes.  The lienholder shall complete
the  assignment  of  title  in  the  certificate  of title to
reflect the transfer of the vehicle  to  the  lienholder  and
also   a  reassignment  to  reflect  the  transfer  from  the
lienholder  to  the  purchaser.   For   this   purpose,   the
lienholder   is   specifically   authorized  to  execute  the
assignment on behalf of the owner as seller if the owner  has
not done so and to complete and execute the space reserved in
the   certificate   of   title  for  a  dealer  reassignment,
notwithstanding that the lienholder is not a licensed dealer.
Nothing herein shall be construed to mean that the lienholder
is taking title to the repossessed vehicle  for  purposes  of
liability  for retailer occupation, vehicle use, or other tax
with respect to the  proceeds  from  the  repossession  sale.
Delivery   of  the  existing  certificate  of  title  to  the
purchaser shall be deemed disclosure to the purchaser of  the
owner  of  the  vehicle. In the event the lienholder does not
hold the certificate of title for  the  repossessed  vehicle,
the  lienholder  shall  make application for and may obtain a
new certificate of title in the name of the  lienholder  upon
furnishing  information  satisfactory  to  the  Secretary  of
State.   Upon  receiving  the  new  certificate of title, the
lienholder may  proceed  with  the  sale  described  in  this
subsection,   except   that  upon  selling  the  vehicle  the
lienholder shall promptly and within 20 days mail or  deliver
to  the purchaser the new certificate of title reflecting the
assignment and transfer of title to the purchaser.
    (f-15)  The  Secretary  of  State  shall  not   issue   a
certificate  of  title  to  a purchaser under subsection (f),
(f-5), or (f-10) of this Section, unless the person from whom
the vehicle has been repossessed by the lienholder  is  shown
to  be  the  last registered owner of the motor vehicle.  The
Secretary of State may provide by rule for the  standards  to
be  followed  by  a  lienholder in assigning and transferring
certificates of title with respect to repossessed vehicles.
    (f-20)  If  applying  for  a  salvage  certificate  or  a
junking certificate, the lienholder shall within 20 days make
an application to  the  Secretary  of  State  for  a  salvage
certificate  or  a  junking certificate, as set forth in this
Code. The Secretary  of  State  shall  not  issue  a  salvage
certificate  or  a  junking  certificate  to  such lienholder
unless the person from whom such vehicle has been repossessed
is shown to be  the  last  registered  owner  of  such  motor
vehicle  and  such lienholder establishes to the satisfaction
of the Secretary of State that he is entitled to such salvage
certificate or junking certificate. The  Secretary  of  State
may  provide  by  rule  for the standards to be followed by a
lienholder in  order  to  obtain  a  salvage  certificate  or
junking certificate for a repossessed vehicle.
    (g)  A  person  holding  a  certificate  of  title  whose
interest  in the vehicle has been extinguished or transferred
other than by voluntary transfer shall mail  or  deliver  the
certificate,  within 20 days upon request of the Secretary of
State. The  delivery  of  the  certificate  pursuant  to  the
request  of the Secretary of State does not affect the rights
of the person surrendering the certificate, and the action of
the Secretary of State in issuing a new certificate of  title
as  provided  herein  is not conclusive upon the rights of an
owner or lienholder named in the old certificate.
    (h)  The Secretary of State may decline  to  process  any
application  for  a  transfer  of  an  interest  in a vehicle
hereunder if any fees or taxes due under this  Act  from  the
transferor   or  the  transferee  have  not  been  paid  upon
reasonable notice and demand.
    (i)  The Secretary of State shall not be held civilly  or
criminally   liable  to  any  person  because  any  purported
transferor may not have had the power or authority to make  a
transfer  of  any  interest  in  any  vehicle  or  because  a
certificate  of title issued in error is subsequently used to
commit a fraudulent act.
(Source: P.A. 90-212, eff. 1-1-98; 90-665, eff. 1-1-99.)

    (Text of Section after amendment by P.A. 91-893)
    Sec. 3-114.  Transfer by operation of law.
    (a)  If the interest of an owner in a vehicle  passes  to
another  other  than  by  voluntary  transfer, the transferee
shall, except as provided in paragraph (b), promptly mail  or
deliver  within  20  days  to the Secretary of State the last
certificate of title, if available, proof  of  the  transfer,
and  his  application  for  a new certificate in the form the
Secretary of State prescribes. It shall be unlawful  for  any
person  having  possession  of  a  certificate of title for a
motor vehicle, semi-trailer, or house car by  reason  of  his
having  a  lien  or  encumbrance  on such vehicle, to fail or
refuse to deliver such certificate to  the  owner,  upon  the
satisfaction   or  discharge  of  the  lien  or  encumbrance,
indicated upon such certificate of title.
    (b)  If the interest of an owner in a vehicle  passes  to
another  under the provisions of the Small Estates provisions
of the Probate Act of 1975 the transferee shall promptly mail
or deliver to the Secretary of State, within  120  days,  the
last  certificate  of  title, if available, the documentation
required under the provisions of the Probate Act of 1975, and
an application for certificate of  title.  The  Small  Estate
Affidavit  form shall be furnished by the Secretary of State.
The transfer may be to the transferee or to  the  nominee  of
the transferee.
    (c)  If  the  interest of an owner in a vehicle passes to
another under other provisions of the Probate Act of 1975, as
amended, and the transfer is  made  by  a  representative  or
guardian,  such  transferee shall promptly mail or deliver to
the Secretary of State, the last  certificate  of  title,  if
available,  and  a certified copy of the letters of office or
guardianship, and an application for  certificate  of  title.
Such  application  shall be made before the estate is closed.
The transfer may be to the transferee or to  the  nominee  of
the transferee.
    (d)  If  the interest of an owner in joint tenancy passes
to  the  other  joint  tenant  with  survivorship  rights  as
provided by  law,  the  transferee  shall  promptly  mail  or
deliver  to  the  Secretary of State, the last certificate of
title, if available, proof of death of the one  joint  tenant
and  survivorship  of  the  surviving  joint  tenant,  and an
application for certificate of title. Such application  shall
be  made within 120 days after the death of the joint tenant.
The transfer may be to the transferee or to  the  nominee  of
the transferee.
    (e)  The  Secretary  of State shall transfer a decedent's
vehicle title to any legatee, representative or heir  of  the
decedent who submits to the Secretary a death certificate and
an  affidavit  by  an  attorney  at  law  on  the  letterhead
stationery   of  the attorney at law stating the facts of the
transfer.
    (f)  Repossession with assignment of title.  In all cases
wherein a lienholder has repossessed a vehicle by other  than
judicial  process  and  holds  it for resale under a security
agreement, and the owner of record has executed an assignment
of the existing  certificate  of  title  after  default,  the
lienholder  may  proceed  to sell or otherwise dispose of the
vehicle as authorized  under  the  Uniform  Commercial  Code.
Upon  selling  the  vehicle to another person, the lienholder
need not send the certificate of title to  the  Secretary  of
State,  but shall promptly and within 20 days mail or deliver
to the purchaser as transferee the  existing  certificate  of
title  for the repossessed vehicle, reflecting the release of
the  lienholder's  security  interest  in  the  vehicle.  The
application for a certificate of title made by the  purchaser
shall  comply  with  subsection  (a)  of Section 3-104 and be
accompanied by the existing  certificate  of  title  for  the
repossessed   vehicle.   The  lienholder  shall  execute  the
assignment and warranty of title showing the name and address
of the purchaser in  the  spaces  provided  therefor  on  the
certificate of title or as the Secretary of State prescribes.
The  lienholder shall complete the assignment of title in the
certificate of title to reflect the transfer of  the  vehicle
to  the  lienholder  and  also  a reassignment to reflect the
transfer from the lienholder  to  the  purchaser.   For  this
purpose,   the   lienholder  is  specifically  authorized  to
complete and execute the space reserved in the certificate of
title for a dealer  reassignment,  notwithstanding  that  the
lienholder is not a licensed dealer.  Nothing herein shall be
construed  to mean that the lienholder is taking title to the
repossessed vehicle for purposes of  liability  for  retailer
occupation,  vehicle  use,  or  other tax with respect to the
proceeds  from  the  repossession  sale.    Delivery  of  the
existing certificate of  title  to  the  purchaser  shall  be
deemed  disclosure  to  the  purchaser  of  the  owner of the
vehicle.
    (f-5)  Repossession without assignment of title.  In  all
cases wherein a lienholder has repossessed a vehicle by other
than  judicial  process  and  holds  it  for  resale  under a
security agreement, and the owner of record has not  executed
an  assignment  of  the  existing  certificate  of title, the
lienholder shall comply with the following provisions:
         (1)  Prior to sale, the lienholder shall deliver  or
    mail  to  the owner at the owner's last known address and
    to any other lienholder of record, a notice of redemption
    setting forth the following information: (i) the name  of
    the  owner  of record and in bold type at or near the top
    of the notice a statement that the  owner's  vehicle  was
    repossessed  on  a  specified  date  for  failure to make
    payments  on  the  loan  (or  other   reason),   (ii)   a
    description of the vehicle subject to the lien sufficient
    to  identify  it,  (iii) the right of the owner to redeem
    the vehicle, (iv) the  lienholder's  intent  to  sell  or
    otherwise  dispose of the vehicle after the expiration of
    21 days from the date  of  mailing  or  delivery  of  the
    notice,  and  (v) the name, address, and telephone number
    of the lienholder from whom information may  be  obtained
    concerning  the amount due to redeem the vehicle and from
    whom the vehicle may be redeemed under Section  9-623  of
    the Uniform Commercial Code.  At the lienholder's option,
    the  information  required to be set forth in this notice
    of redemption may be made a  part  of  or  accompany  the
    notification  of sale or other disposition required under
    Section 9-611 of the Uniform Commercial Code, but none of
    the  information  required  by  this  notice   shall   be
    construed  to  impose  any requirement under Article 9 of
    the Uniform Commercial Code.
         (2)  With respect to the repossession of  a  vehicle
    used   primarily   for  personal,  family,  or  household
    purposes, the lienholder shall also deliver  or  mail  to
    the  owner at the owner's last known address an affidavit
    of defense.  The affidavit of defense shall accompany the
    notice of redemption required in subdivision (f-5)(1)  of
    this Section. The affidavit of defense shall (i) identify
    the  lienholder,  owner,  and  the  vehicle; (ii) provide
    space for the owner to state the defense claimed  by  the
    owner;  and  (iii) include an acknowledgment by the owner
    that the owner may be liable to the lienholder for  fees,
    charges,   and   costs  incurred  by  the  lienholder  in
    establishing  the  insufficiency  or  invalidity  of  the
    owner's defense.  To stop  the  transfer  of  title,  the
    affidavit  of  defense must be received by the lienholder
    no later than 21  days  after  the  date  of  mailing  or
    delivery  of  the notice required in subdivision (f-5)(1)
    of this Section. If the lienholder receives the affidavit
    from the owner in a timely manner,  the  lienholder  must
    apply  to  a court of competent jurisdiction to determine
    if the  lienholder  is  entitled  to  possession  of  the
    vehicle.
         (3)  Upon selling the vehicle to another person, the
    lienholder  need not send the certificate of title to the
    Secretary of State, but shall promptly and within 20 days
    mail or deliver to the purchaser as  transferee  (i)  the
    existing   certificate   of  title  for  the  repossessed
    vehicle,  reflecting  the  release  of  the  lienholder's
    security interest in the vehicle; and (ii)  an  affidavit
    of  repossession  made  by or on behalf of the lienholder
    which  provides  the  following  information:  that   the
    vehicle  was  repossessed,  a  description of the vehicle
    sufficient to identify it, whether the vehicle  has  been
    damaged  in excess of 33 1/3% of its fair market value as
    required under subdivision  (b)(3)  of  Section  3-117.1,
    that  the  owner  and any other lienholder of record were
    given the notice required in subdivision (f-5)(1) of this
    Section, that the owner of record was given the affidavit
    of defense  required  in  subdivision  (f-5)(2)  of  this
    Section,  that  the  interest  of  the owner was lawfully
    terminated or sold pursuant to the terms of the  security
    agreement,  and  the purchaser's name and address. If the
    vehicle is damaged in excess  of  33  1/3%  of  its  fair
    market value, the lienholder shall make application for a
    salvage  certificate  under  Section 3-117.1 and transfer
    the vehicle to a person eligible to  receive  assignments
    of salvage certificates identified in Section 3-118.
         (4)  The application for a certificate of title made
    by  the  purchaser  shall  comply  with subsection (a) of
    Section 3-104 and be  accompanied  by  the  affidavit  of
    repossession furnished by the lienholder and the existing
    certificate  of  title  for  the repossessed vehicle. The
    lienholder shall execute the assignment and  warranty  of
    title  showing  the  name and address of the purchaser in
    the spaces provided therefor on the certificate of  title
    or  as the Secretary of State prescribes.  The lienholder
    shall complete the assignment of title in the certificate
    of title to reflect the transfer of the  vehicle  to  the
    lienholder   and  also  a  reassignment  to  reflect  the
    transfer from the lienholder to the purchaser.  For  this
    purpose,  the  lienholder  is  specifically authorized to
    execute the assignment on behalf of the owner  as  seller
    if  the owner has not done so and to complete and execute
    the space reserved in the  certificate  of  title  for  a
    dealer  reassignment, notwithstanding that the lienholder
    is not  a  licensed  dealer.   Nothing  herein  shall  be
    construed  to mean that the lienholder is taking title to
    the repossessed vehicle for  purposes  of  liability  for
    retailer  occupation,  vehicle  use,  or  other  tax with
    respect to  the  proceeds  from  the  repossession  sale.
    Delivery  of  the  existing  certificate  of title to the
    purchaser shall be deemed disclosure to the purchaser  of
    the  owner  of  the  vehicle. In the event the lienholder
    does  not  hold  the  certificate  of   title   for   the
    repossessed    vehicle,   the   lienholder   shall   make
    application for and may obtain a new certificate of title
    in the name of the lienholder upon furnishing information
    satisfactory to the Secretary of State.   Upon  receiving
    the  new certificate of title, the lienholder may proceed
    with the sale described in subdivision  (f-5)(3),  except
    that  upon  selling  the  vehicle  the  lienholder  shall
    promptly  and  within  20  days  mail  or  deliver to the
    purchaser the new certificate  of  title  reflecting  the
    assignment and transfer of title to the purchaser.
         (5)  Neither the lienholder nor the owner shall file
    with  the  Office of the Secretary of State the notice of
    redemption  or  affidavit  of  defense     described   in
    subdivisions  (f-5)(1)  and (f-5)(2) of this Section. The
    Office of the Secretary of State shall not determine  the
    merits  of  an owner's affidavit of defense, nor consider
    any allegations or assertions regarding the  validity  or
    invalidity  of  a lienholder's claim to the vehicle or an
    owner's asserted defenses to the repossession action.
    (f-7)  Notice of reinstatement in certain cases.
         (1)  If, at the time of repossession by a lienholder
    that is seeking to transfer title pursuant to  subsection
    (f-5),  the owner has paid an amount equal to 30% or more
    of the deferred payment price or total of  payments  due,
    the   owner   may,   within   21  days  of  the  date  of
    repossession, reinstate the contract  or  loan  agreement
    and  recover the vehicle from the lienholder by tendering
    in a lump sum  (i)  the  total  of  all  unpaid  amounts,
    including  any unpaid delinquency or deferral charges due
    at the date of reinstatement, without  acceleration;  and
    (ii) performance necessary to cure any default other than
    nonpayment  of  the amounts due; and (iii) all reasonable
    costs and fees incurred by the  lienholder  in  retaking,
    holding, and preparing the vehicle for disposition and in
    arranging  for the sale of the vehicle.  Reasonable costs
    and fees  incurred  by  the  lienholder  include  without
    limitation  repossession  and  storage  expenses  and, if
    authorized by the contract or loan agreement,  reasonable
    attorneys' fees and collection agency charges.
         (2)  Tender  of  payment and performance pursuant to
    this limited right of reinstatement restores to the owner
    his rights under the contract or loan agreement as though
    no default had occurred.  The  owner  has  the  right  to
    reinstate  the contract or loan agreement and recover the
    vehicle  from  the  lienholder  only  once   under   this
    subsection.  The lienholder may, in the lienholder's sole
    discretion,  extend the period during which the owner may
    reinstate the contract or loan agreement and recover  the
    vehicle beyond the 21 days allowed under this subsection,
    and  the  extension  shall  not subject the lienholder to
    liability to the owner under the laws of this State.
         (3)  The lienholder shall deliver  or  mail  written
    notice  to  the  owner at the owner's last known address,
    within 3 business days of the date  of  repossession,  of
    the  owner's  right  to  reinstate  the  contract or loan
    agreement and recover the vehicle pursuant to the limited
    right of reinstatement described in this subsection.   At
    the  lienholder's  option, the information required to be
    set forth in this notice of  reinstatement  may  be  made
    part of or accompany the notice of redemption required in
    subdivision (f-5)(1) of this Section and the notification
    of sale or other disposition required under Section 9-611
    of   the   Uniform  Commercial  Code,  but  none  of  the
    information required  by  this  notice  of  reinstatement
    shall  be  construed  to  impose  any  requirement  under
    Article 9 of the Uniform Commercial Code.
         (4)  The  reinstatement  period,  if applicable, and
    the redemption period described in  subdivision  (f-5)(1)
    of   this   Section,   shall   run  concurrently  if  the
    information required to be set forth  in  the  notice  of
    reinstatement  is  part  of  or accompanies the notice of
    redemption.  In any event, the 21 day  redemption  period
    described  in  subdivision (f-5)(1) of this Section shall
    commence on the date of mailing or delivery to the  owner
    of the information required to be set forth in the notice
    of  redemption,  and  the  21  day  reinstatement  period
    described  in  this  subdivision,  if  applicable,  shall
    commence  on the date of mailing or delivery to the owner
    of the information required to be set forth in the notice
    of reinstatement.
         (5)  The Office of the Secretary of State shall  not
    determine  the  merits  of  an  owner's claim of right to
    reinstatement, nor consider any allegations or assertions
    regarding the validity or invalidity  of  a  lienholder's
    claim  to  the  vehicle  or  an owner's asserted right to
    reinstatement.   Where  a  lienholder   is   subject   to
    licensing  and  regulatory  supervision  by  the State of
    Illinois, the lienholder shall be subject to all  of  the
    powers  and  authority  of the lienholder's primary State
    regulator to enforce compliance with the  procedures  set
    forth in this subsection (f-7).
    (f-10)  Repossession  by  judicial process.  In all cases
wherein a lienholder has repossessed a  vehicle  by  judicial
process  and  holds it for resale under a security agreement,
order for replevin, or other  court  order  establishing  the
lienholder's   right   to  possession  of  the  vehicle,  the
lienholder may proceed to sell or otherwise  dispose  of  the
vehicle  as  authorized  under the Uniform Commercial Code or
the court order. Upon selling the vehicle to another  person,
the  lienholder need not send the certificate of title to the
Secretary of State, but shall promptly  and  within  20  days
mail  or  deliver  to  the  purchaser  as  transferee (i) the
existing certificate of title  for  the  repossessed  vehicle
reflecting  the release of the lienholder's security interest
in the vehicle; (ii) a certified copy of the court order; and
(iii) a bill of sale identifying the  new  owner's  name  and
address and the year, make, model, and vehicle identification
number  of  the vehicle. The application for a certificate of
title made by the purchaser shall comply with subsection  (a)
of  Section 3-104 and be accompanied by the certified copy of
the court order furnished by the lienholder and the  existing
certificate   of  title  for  the  repossessed  vehicle.  The
lienholder shall execute the assignment and warranty of title
showing the name and address of the purchaser in  the  spaces
provided  therefor  on  the  certificate  of  title or as the
Secretary of State prescribes.  The lienholder shall complete
the assignment of  title  in  the  certificate  of  title  to
reflect  the  transfer  of  the vehicle to the lienholder and
also  a  reassignment  to  reflect  the  transfer  from   the
lienholder   to   the   purchaser.   For  this  purpose,  the
lienholder  is  specifically  authorized   to   execute   the
assignment  on behalf of the owner as seller if the owner has
not done so and to complete and execute the space reserved in
the  certificate  of  title  for   a   dealer   reassignment,
notwithstanding that the lienholder is not a licensed dealer.
Nothing herein shall be construed to mean that the lienholder
is  taking  title  to the repossessed vehicle for purposes of
liability for retailer occupation, vehicle use, or other  tax
with  respect  to  the  proceeds  from the repossession sale.
Delivery  of  the  existing  certificate  of  title  to   the
purchaser  shall be deemed disclosure to the purchaser of the
owner of the vehicle. In the event the  lienholder  does  not
hold  the  certificate  of title for the repossessed vehicle,
the lienholder shall make application for and  may  obtain  a
new  certificate  of title in the name of the lienholder upon
furnishing  information  satisfactory  to  the  Secretary  of
State.  Upon receiving the  new  certificate  of  title,  the
lienholder  may  proceed  with  the  sale  described  in this
subsection,  except  that  upon  selling  the   vehicle   the
lienholder  shall promptly and within 20 days mail or deliver
to the purchaser the new certificate of title reflecting  the
assignment and transfer of title to the purchaser.
    (f-15)  The   Secretary   of  State  shall  not  issue  a
certificate of title to a  purchaser  under  subsection  (f),
(f-5), or (f-10) of this Section, unless the person from whom
the  vehicle  has been repossessed by the lienholder is shown
to be the last registered owner of the  motor  vehicle.   The
Secretary  of  State may provide by rule for the standards to
be followed by a lienholder  in  assigning  and  transferring
certificates of title with respect to repossessed vehicles.
    (f-20)  If  applying  for  a  salvage  certificate  or  a
junking certificate, the lienholder shall within 20 days make
an  application  to  the  Secretary  of  State  for a salvage
certificate or a junking certificate, as set  forth  in  this
Code.  The  Secretary  of  State  shall  not  issue a salvage
certificate or  a  junking  certificate  to  such  lienholder
unless the person from whom such vehicle has been repossessed
is  shown  to  be  the  last  registered  owner of such motor
vehicle and such lienholder establishes to  the  satisfaction
of the Secretary of State that he is entitled to such salvage
certificate  or  junking  certificate. The Secretary of State
may provide by rule for the standards to  be  followed  by  a
lienholder  in  order  to  obtain  a  salvage  certificate or
junking certificate for a repossessed vehicle.
    (f-25)  If the interest of an owner in a mobile home,  as
defined  in the Mobile Home Local Services Tax Act, passes to
another  under  the  provisions  of  the  Mobile  Home  Local
Services Tax Enforcement Act, the transferee  shall  promptly
mail  or  deliver  to  the  Secretary  of  State (i) the last
certificate of title, if available, (ii) a certified copy  of
the  court order ordering the transfer of title, and (iii) an
application for certificate of title.
    (g)  A  person  holding  a  certificate  of  title  whose
interest in the vehicle has been extinguished or  transferred
other  than  by  voluntary transfer shall mail or deliver the
certificate, within 20 days upon request of the Secretary  of
State.  The  delivery  of  the  certificate  pursuant  to the
request of the Secretary of State does not affect the  rights
of the person surrendering the certificate, and the action of
the  Secretary of State in issuing a new certificate of title
as provided herein is not conclusive upon the  rights  of  an
owner or lienholder named in the old certificate.
    (h)  The  Secretary  of  State may decline to process any
application for a  transfer  of  an  interest  in  a  vehicle
hereunder  if  any  fees or taxes due under this Act from the
transferor  or  the  transferee  have  not  been  paid   upon
reasonable notice and demand.
    (i)  The  Secretary of State shall not be held civilly or
criminally  liable  to  any  person  because  any   purported
transferor  may not have had the power or authority to make a
transfer  of  any  interest  in  any  vehicle  or  because  a
certificate of title issued in error is subsequently used  to
commit a fraudulent act.
(Source: P.A.  90-212,  eff.  1-1-98;  90-665,  eff.  1-1-99;
91-893, eff. 7-1-01.)

    Section  995.   No acceleration or delay.  Where this Act
makes changes in a statute that is represented in this Act by
text that is not yet or no longer in effect (for  example,  a
Section  represented  by  multiple versions), the use of that
text does not accelerate or delay the taking  effect  of  (i)
the  changes made by this Act or (ii) provisions derived from
any other Public Act.

                Division 999.  Effective date

    Section 999.  Effective date.  This Act takes  effect  on
January 1, 2003.
    Passed in the General Assembly June 01, 2002.
    Approved August 21, 2002.
    Effective January 01, 2003.

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