(70 ILCS 605/5-25) (from Ch. 42, par. 5-25)
Sec. 5-25.
Foreclosure of assessments-Acceleration.)
When any original or additional assessment, any installment of any
assessment, or any annual maintenance assessment or any interest on any
assessment is delinquent and the land or other property against which such
assessment was levied has been forfeited to the State upon failure to sell
at the County Collector's sale for the nonpayment thereof, the
commissioners, in the name of the district, may file a complaint in the
Circuit Court of the County in which such land is situated for the
foreclosure of the lien of any such unpaid assessment, installment, annual
maintenance assessment or interest in like manner and with like effect as
in the foreclosure of a mortgage. All owners and parties interested in the
lands involved and parties in possession thereof shall be made parties
defendant and shall be served with process by summons or by publication in
the manner and form provided by law for the service of defendants in the
foreclosure of mortgages. No irregularity in the County Collector's
proceeding for judgment and sale shall affect the district's right to
proceed with such foreclosure.
When the basis for a foreclosure has accrued, as above provided, then
the commissioners may include in such foreclosure all assessments,
installments, interest and annual maintenance assessments which have become
due prior to the filing of such foreclosure suit. If they deem it
advisable, the commissioners of the district may also accelerate the due
date of all unpaid original and additional assessments and installments
levied by such district after the effective date of this Act against the
lands involved in such foreclosure, and may include in such foreclosure
proceedings all such accelerated unpaid assessments and installments levied
against the land involved. If there has been no such acceleration by the
commissioners, any foreclosure shall be subject to all assessments,
installments and interest thereon becoming due after the commencement of
such foreclosure proceedings. All such foreclosures shall be subject to all
annual maintenance assessments which become due after the commencement of
such foreclosure proceedings.
Any judgment rendered in any such foreclosure proceedings may be enforced
as other judgments in such court but any sale made under such judgment
shall be made by the County Collector or by some other officer
having authority to receive state and county taxes designated by the court
in such judgment. The commissioners, on behalf of the district, may be the
purchasers at any such foreclosure sale. The right of redemption from any
sale under any such judgment shall exist in favor of owners and persons
interested in such real estate for a period of 2 years from the date of the
sale. After the sale of any such lands under any foreclosure order, notice
shall be given by the purchaser at such sale, or his assigns, to all
parties defendant in such suit and to all owners and parties interested in
such land (including all occupants of said land, or any part thereof) at
the time of giving such notice, of the fact of the sale of said lands for
such unpaid assessments, the date the sale was held, the amount of such
sale, and the time when the period of redemption will expire. Such notice
shall be given not more than one year nor less than 3 months before the
expiration of the time of redemption. Such notice shall be sent by
registered mail to all such parties at their respective places of residence
if the same can be ascertained upon diligent inquiry, except that all
occupants of said lands shall be personally served with such notice. If any
owner or party interested is unknown, or if, upon diligent inquiry, the
place of residence of any such party cannot be ascertained, then such
notice shall be given by one publication in some newspaper published in
such county or, if no newspaper is published in such county, then by
publication in some newspaper published in another county but having
general circulation in such county. Proof of the giving of such notice
shall be made to the court in which the suit is pending, and no deed shall
be issued until such proof is made and approved by the court.
If there is no redemption from such sale within 2 years from the time of
such sale and proper proof is made of the giving of notice as hereinabove
provided, then the court shall order the issuance of a deed which shall
vest in the grantee all the right, title and interest in said lands of all
parties defendant in such suit and of all their privies in title and
interest.
If a notice as above provided is not given within the time above
provided, or if the notice given is defective or insufficient, then the
court may, upon proper application, order the giving of another notice and
shall extend the time for redemption to a date certain, not less than 3 nor
more than 5 months following the entry of such order, so that proper notice
may be given.
The remedy provided by this section for the collection of unpaid
assessments shall not be construed to abridge or interfere with the right
to enforce the collection of any unpaid or delinquent assessments in the
manner provided by the revenue laws of this State or of other provisions of
this Act, but the remedy herein provided shall be taken and held as an
additional remedy.
(Source: P.A. 79-1360.)
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