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90_HB3140
35 ILCS 200/21-385
35 ILCS 200/22-15
35 ILCS 200/22-20
Amends the Property Tax Code. In counties of 3,000,000 or
more inhabitants, allows a taxing district that is the tax
deed petitioner to move for the appointment of a special
process server of at least 18 years of age to serve notice of
the property tax sale and the expiration and extension of the
property's redemption period. Provides that the special
process server shall make a return of the notice by filing an
affidavit with the court clerk for the court record.
LRB9009667KDcdA
LRB9009667KDcdA
1 AN ACT to amend the Property Tax Code by changing
2 Sections 21-385, 22-15, and 22-20.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Property Tax Code is amended by changing
6 Sections 21-385, 22-15, and 22-20 as follows:
7 (35 ILCS 200/21-385)
8 Sec. 21-385. Extension of period of redemption. The
9 purchaser or his or her assignee of property sold for
10 nonpayment of general taxes or special assessments may extend
11 the period of redemption at any time before the expiration of
12 the original period of redemption, or thereafter prior to the
13 expiration of any extended period of redemption, for a period
14 which will expire not later than 3 years from the date of
15 sale, by filing with the county clerk of the county in which
16 the property is located a written notice to that effect
17 describing the property, stating the date of the sale and
18 specifying the extended period of redemption. If prior to
19 the expiration of the period of redemption or extended period
20 of redemption a petition for tax deed has been filed under
21 Section 22-30, upon application of the petitioner, the court
22 shall allow the purchaser or his or her assignee to extend
23 the period of redemption after expiration of the original
24 period or any extended period of redemption, provided that
25 any extension allowed will expire not later than 3 years from
26 the date of sale. If the period of redemption is extended,
27 the purchaser or his or her assignee must give the notices
28 provided for in Section 22-10 at the specified times prior to
29 the expiration of the extended period of redemption by
30 causing a sheriff (or if he or she is disqualified, a
31 coroner) of the county in which the property, or any part
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1 thereof, is located to serve the notices as provided in
2 Sections 22-15 and 22-20. The notices may also be served as
3 provided in Sections 22-15 and 22-20 by a special process
4 server appointed by the court under Section 22-15.
5 (Source: P.A. 86-949; 87-1189; 88-455.)
6 (35 ILCS 200/22-15)
7 Sec. 22-15. Service of notice. The purchaser or his or
8 her assignee shall give the notice required by Section 22-10
9 by causing it to be published in a newspaper as set forth in
10 Section 22-20. In addition, the notice shall be served by a
11 sheriff (or if he or she is disqualified, by a coroner) of
12 the county in which the property, or any part thereof, is
13 located upon owners who reside on any part of the property
14 sold by leaving a copy of the notice with those owners
15 personally.
16 In counties of 3,000,000 or more inhabitants where a
17 taxing district is a petitioner for tax deed pursuant to
18 Section 21-90, in lieu of service by the sheriff or coroner
19 the notice may be served by a special process server
20 appointed by the circuit court as provided in this Section.
21 The taxing district may move prior to filing one or more
22 petitions for tax deed for appointment of such a special
23 process server. The court, upon being satisfied that the
24 person named in the motion is at least 18 years of age and is
25 capable of serving notice as required under this Code, shall
26 enter an order appointing such person as a special process
27 server for a period of one year. The appointment may be
28 renewed for successive periods of one year each by motion and
29 order, and a copy of the original and any subsequent order
30 shall be filed in each tax deed case in which a notice is
31 served by the appointed person. Delivery of the notice to
32 and service of the notice by the special process server shall
33 have the same force and effect as its delivery to and service
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1 by the sheriff or coroner.
2 The same form of notice shall also be served upon all
3 other owners and parties interested in the property, if upon
4 diligent inquiry they can be found in the county, and upon
5 the occupants of the property in the following manner:
6 (a) as to individuals, by (1) leaving a copy of the
7 notice with the person personally or (2) by leaving a
8 copy at his or her usual place of residence with a person
9 of the family, of the age of 13 years or more, and
10 informing that person of its contents. The person making
11 the service shall cause also send a copy of the notice to
12 be sent by registered or certified mail, return receipt
13 requested, to that party at his or her usual place of
14 residence;
15 (b) as to public and private corporations,
16 municipal, governmental and quasi-municipal corporations,
17 partnerships, receivers and trustees of corporations, by
18 leaving a copy of the notice with the person designated
19 by the Civil Practice Law.
20 If the property sold has more than 4 dwellings or other
21 rental units, and has a managing agent or party who collects
22 rents, that person shall be deemed the occupant and shall be
23 served with notice instead of the occupants of the individual
24 units. If the property has no dwellings or rental units, but
25 economic or recreational activities are carried on therein,
26 the person directing such activities shall be deemed the
27 occupant. Holders of rights of entry and possibilities of
28 reverter shall not be deemed parties interested in the
29 property.
30 When a party interested in the property is a trustee,
31 notice served upon the trustee shall be deemed to have been
32 served upon any beneficiary or note holder thereunder unless
33 the holder of the note is disclosed of record.
34 When a judgment is a lien upon the property sold, the
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1 holder of the lien shall be served with notice if the name of
2 the judgment debtor as shown in the transcript, certified
3 copy or memorandum of judgment filed of record is identical,
4 as to given name and surname, with the name of the party
5 interested as it appears of record.
6 If any owner or party interested, upon diligent inquiry
7 and effort, cannot be found or served with notice in the
8 county as provided in this Section, and the person in actual
9 occupancy and possession is tenant to, or in possession under
10 the owners or the parties interested in the property, then
11 service of notice upon the tenant, occupant or person in
12 possession shall be deemed service upon the owners or parties
13 interested.
14 If any owner or party interested, upon diligent inquiry
15 and effort cannot be found or served with notice in the
16 county, then the person making the service shall cause send a
17 copy of the notice to be sent by registered or certified
18 mail, return receipt requested, to that party at his or her
19 residence, if ascertainable.
20 (Source: P.A. 87-1189; 88-455; incorporates 88-451; 88-670,
21 eff. 12-2-94.)
22 (35 ILCS 200/22-20)
23 Sec. 22-20. Proof of service of notice; publication of
24 notice. The sheriff or coroner serving notice under Section
25 22-15 shall endorse his or her return thereon and file it
26 with the Clerk of the Circuit Court and it shall be a part of
27 the court record. A special process server appointed under
28 Section 22-15 shall make his or her return by affidavit and
29 shall file it with the Clerk of the Circuit Court, where it
30 shall be a part of the court record. If a sheriff, special
31 process server, or coroner to whom any notice is delivered
32 for service, neglects or refuses to make the return, the
33 purchaser or his or her assignee may petition the court to
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1 enter a rule requiring the sheriff, special process server,
2 or coroner to make return of the notice on a day to be fixed
3 by the court, or to show cause on that day why he or she
4 should not be attached for contempt of the court. The
5 purchaser or assignee shall cause a written notice of the
6 rule to be served upon the sheriff, special process server,
7 or coroner. If good and sufficient cause to excuse the
8 sheriff, special process server, or coroner is not shown, the
9 court shall adjudge him or her guilty of a contempt, and
10 shall proceed to punish him as in other cases of contempt.
11 If the property is located in a municipality in a county
12 with less than 3,000,000 inhabitants, the purchaser or his or
13 her assignee shall also publish a notice as to the owner or
14 party interested, in some newspaper published in the
15 municipality. If the property is not in a municipality in a
16 county with less than 3,000,000 inhabitants, or if no
17 newspaper is published therein, or if the property is in a
18 county with 3,000,000 or more inhabitants, the notice shall
19 be published in some newspaper in the county. If no
20 newspaper is published in the county, then the notice shall
21 be published in the newspaper that is published nearest the
22 county seat of the county in which the property is located.
23 If the owners and parties interested in the property upon
24 diligent inquiry are unknown to the purchaser or his or her
25 assignee, the publication as to such owner or party
26 interested, may be made to unknown owners or parties
27 interested. Any notice by publication given under this
28 Section shall be given 3 times at any time after filing a
29 petition for tax deed, but not less than 3 months nor more
30 than 5 months prior to the expiration of the period of
31 redemption. The publication shall contain (a) notice of the
32 filing of the petition for tax deed, (b) the date on which
33 the petitioner intends to make application for an order on
34 the petition that a tax deed issue, (c) a description of the
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1 property, (d) the date upon which the property was sold, (e)
2 the taxes or special assessments for which it was sold and
3 (f) the date on which the period of redemption will expire.
4 The publication shall not include more than one property
5 listed and sold in one description, except as provided in
6 Section 21-90, and except that when more than one property is
7 owned by one person, all of the parcels owned by that person
8 may be included in one notice.
9 (Source: P.A. 87-1189; 88-455; 88-535.)