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91_SB0892eng SB892 Engrossed LRB9104010PTmb 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 SB892 Engrossed -2- LRB9104010PTmb 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 SB892 Engrossed -3- LRB9104010PTmb 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 causealso senda 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 SB892 Engrossed -4- LRB9104010PTmb 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 causesenda 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 SB892 Engrossed -5- LRB9104010PTmb 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 SB892 Engrossed -6- LRB9104010PTmb 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.)