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Public Act 91-0209
SB892 Enrolled LRB9104010PTmb
AN ACT to amend the Property Tax Code by changing
Sections 21-385, 22-15, and 22-20.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Property Tax Code is amended by changing
Sections 21-385, 22-15, and 22-20 as follows:
(35 ILCS 200/21-385)
Sec. 21-385. Extension of period of redemption. The
purchaser or his or her assignee of property sold for
nonpayment of general taxes or special assessments 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 property is located a written notice to that effect
describing the property, 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 deed has been filed under
Section 22-30, 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 22-10 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 property, or any part
thereof, is located to serve the notices as provided in
Sections 22-15 and 22-20. The notices may also be served as
provided in Sections 22-15 and 22-20 by a special process
server appointed by the court under Section 22-15.
(Source: P.A. 86-949; 87-1189; 88-455.)
(35 ILCS 200/22-15)
Sec. 22-15. Service of notice. The purchaser or his or
her assignee shall give the notice required by Section 22-10
by causing it to be published in a newspaper as set forth in
Section 22-20. In addition, the notice shall be served by a
sheriff (or if he or she is disqualified, by a coroner) of
the county in which the property, or any part thereof, is
located upon owners who reside on any part of the property
sold by leaving a copy of the notice with those owners
personally.
In counties of 3,000,000 or more inhabitants where a
taxing district is a petitioner for tax deed pursuant to
Section 21-90, in lieu of service by the sheriff or coroner
the notice may be served by a special process server
appointed by the circuit court as provided in this Section.
The taxing district may move prior to filing one or more
petitions for tax deed for appointment of such a special
process server. The court, upon being satisfied that the
person named in the motion is at least 18 years of age and is
capable of serving notice as required under this Code, shall
enter an order appointing such person as a special process
server for a period of one year. The appointment may be
renewed for successive periods of one year each by motion and
order, and a copy of the original and any subsequent order
shall be filed in each tax deed case in which a notice is
served by the appointed person. Delivery of the notice to
and service of the notice by the special process server shall
have the same force and effect as its delivery to and service
by the sheriff or coroner.
The same form of notice shall also be served upon all
other owners and parties interested in the property, if upon
diligent inquiry they can be found in the county, and upon
the occupants of the property 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 also send 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.
If the property sold has more than 4 dwellings or other
rental units, and has a managing agent or party who collects
rents, that person shall be deemed the occupant and shall be
served with notice instead of the occupants of the individual
units. If the property has no dwellings or rental units, but
economic or recreational activities are carried on therein,
the person directing such activities shall be deemed the
occupant. Holders of rights of entry and possibilities of
reverter shall not be deemed parties interested in the
property.
When a party interested in the property 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 property 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 property, 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 send 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.
(Source: P.A. 87-1189; 88-455; incorporates 88-451; 88-670,
eff. 12-2-94.)
(35 ILCS 200/22-20)
Sec. 22-20. Proof of service of notice; publication of
notice. The sheriff or coroner serving notice under Section
22-15 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 22-15 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 a contempt, and
shall proceed to punish him as in other cases of contempt.
If the property 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 property is not in a municipality in a
county with less than 3,000,000 inhabitants, or if no
newspaper is published therein, or if the property is in a
county with 3,000,000 or more inhabitants, 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 property is located.
If the owners and parties interested in the property 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 deed, 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 deed, (b) the date on which
the petitioner intends to make application for an order on
the petition that a tax deed issue, (c) a description of the
property, (d) the date upon which the property was sold, (e)
the taxes or special assessments 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 property
listed and sold in one description, except as provided in
Section 21-90, and except that when more than one property is
owned by one person, all of the parcels owned by that person
may be included in one notice.
(Source: P.A. 87-1189; 88-455; 88-535.)
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