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(35 ILCS 5/1105)
(from Ch. 120, par. 11-1105)
Release of Liens.
(a) In general.
Upon payment by the taxpayer to the Department in cash or by guaranteed
remittance of an amount representing the filing fees and charges for the lien
and the filing fees and charges for the release of that lien,
the Department shall release all or any portion of
the property subject to any lien provided for in this Act
and file that complete or partial release of lien with the recorder of the
county where that lien was filed
if it determines
that the release will not endanger or jeopardize the collection of the
amount secured thereby.
(b) Judicial determination. If on judicial review the final judgment
of the court is that the taxpayer does not owe some or all of the amount
secured by the lien against him, or that no jeopardy to the revenue exists,
the Department shall release its lien to the extent of such finding of
nonliability, or to the extent of such finding of no jeopardy to the
The taxpayer shall, however, be liable for the filing fee paid by the
Department to file the lien and the filing fee required to file a release of
the lien. The filing fees shall be paid to the Department.
(c) Payment. The Department shall also release its jeopardy
assessment lien against the taxpayer whenever the tax and penalty covered
by such lien, plus any interest which may be due
and an amount representing the filing fee to file the lien and the filing fee
required to file a release of that lien, are paid
by the taxpayer to the Department in cash or by guaranteed remittance.
(d) Certificate of release. The Department shall issue a certificate
of complete or partial release of the lien
upon payment by the taxpayer to the Department in cash or by guaranteed
remittance of an amount representing the filing fee paid by the Department to
file the lien and the filing fee required to file the release of that lien:
(1) to the extent that the fair market value of any
property subject to the lien exceeds the amount of the lien plus the amount of all prior liens upon such property;
(2) to the extent that such lien shall become
(3) to the extent that the amount of such lien is
paid by the person whose property is subject to such lien, together with any interest and penalty which may become due under this Act between the date when the notice of lien is filed and the date when the amount of such lien is paid;
(4) to the extent that there is furnished to the
Department on a form to be approved and with a surety or sureties satisfactory to the Department a bond that is conditioned upon the payment of the amount of such lien, together with any interest which may become due under this Act after the notice of lien is filed, but before the amount thereof is fully paid;
(5) to the extent and under the circumstances
specified in this Section.
A certificate of complete or partial release of any lien shall be held
conclusive that the lien upon the property covered by the certificate is
extinguished to the extent indicated by such certificate.
Such release of lien shall be issued to the person, or his agent, against
whom the lien was obtained and shall contain in legible letters a statement as
FOR THE PROTECTION OF THE OWNER, THIS RELEASE SHALL
BE FILED WITH THE RECORDER OR THE REGISTRAR
OF TITLES, IN WHOSE OFFICE, THE LIEN WAS FILED.
(e) Filing. When a certificate of complete or partial release of lien
issued by the Department is presented for filing in the office of the
recorder or Registrar of Titles where a notice of lien or notice
of jeopardy assessment lien was filed:
(1) the recorder, in the case of nonregistered
property, shall permanently attach the certificate of release to the notice of lien or notice of jeopardy assessment lien and shall enter the certificate of release and the date in the "State Tax Lien Index" on the line where the notice of lien or notice of jeopardy assessment lien is entered; and
(2) in the case of registered property, the Registrar
of Titles shall file and enter upon each folium of the register of titles affected thereby a memorial of the certificate of release which memorial when so entered shall act as a release pro tanto of any memorial of such notice of lien or notice of jeopardy assessment lien previously filed and registered.
(Source: P.A. 92-826, eff. 1-1-03.)