Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau
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35 ILCS 200/Art. 21 Div. 4
(35 ILCS 200/Art. 21 Div. 4 heading)
Annual tax sale procedure
35 ILCS 200/21-190
(35 ILCS 200/21-190)
Entry of judgment for sale.
If judgment is rendered against any
property for any tax or, in counties with 3,000,000 or more inhabitants, for
any tax or special assessment, the county collector shall, after publishing a
notice for sale in compliance with the requirements of Sections 21-110 and
21-115 or 21-120, proceed to offer the property for sale pursuant to the
judgment. However, in the case of an appeal from the judgment, if the party,
when filing notice of appeal deposits with the county collector the amount of
the judgment and costs, the collector shall not sell the property until the
appeal is disposed of.
(Source: P.A. 79-451; 88-455.)
35 ILCS 200/21-195
(35 ILCS 200/21-195)
Examination of record; certificate of correctness.
On the day
advertised for sale, the county clerk, assisted by the collector, shall examine
the list upon which judgment has been entered and ascertain that all payments
have been properly noted thereon. The county clerk shall make a certificate to
be entered on the record, following the order of court that the record is
correct, and that judgment was entered upon the property therein mentioned for
the taxes, interest and costs due thereon. The certificate shall be attested
by the circuit court clerk under seal of the court and shall be the process on
which the property or any interest therein shall be sold for taxes, special
assessments, interest and costs due thereon, and may be substantially in the
State of Illinois County of .....
I, ...., clerk of the circuit court, in and for the county of ...., do
hereby certify that the foregoing is a true and correct record of the
delinquent property in the county, against which judgment and order of sale was
duly entered in the circuit court for the county, on (insert date), for the
amount of the taxes, special assessments,
interest and costs due severally thereon as therein set forth, and that the
judgment and order of court in relation thereto fully appears on the record.
Dated (insert date).
(Source: P.A. 91-357, eff. 7-29-99.)
35 ILCS 200/21-200
(35 ILCS 200/21-200)
County clerk assistance at sale.
The county clerk, in person or
by deputy, shall attend all sales for taxes, made by the collector, and shall
assist at the sales.
(Source: Laws 1939, p. 886; P.A. 88-455.)
35 ILCS 200/21-205
(35 ILCS 200/21-205)
Tax sale procedures.
(a) The collector, in person or by deputy,
shall attend, on the day and in the place specified in the notice for the sale
of property for taxes, and shall, between 9:00 a.m. and 4:00 p.m., or later at
the collector's discretion, proceed to offer for sale, separately and in
consecutive order, all property in the list on which the taxes, special
assessments, interest or costs have not been paid. However, in any county with
3,000,000 or more inhabitants, the offer for sale shall be made between 8:00
a.m. and 8:00 p.m. The collector's office shall be kept open during all hours
in which the sale is in progress. The sale shall be continued from day to day,
until all property in the delinquent list has been offered for sale. However,
any city, village or incorporated town interested in the collection of any tax
or special assessment, may, in default of bidders, withdraw from collection the
special assessment levied against any property by the corporate authorities of
the city, village or incorporated town. In case of a withdrawal, there shall be
no sale of that property on account of the delinquent special assessment
(b) Until January 1, 2013, in every sale of property pursuant to the provisions of this Code, the collector may employ any automated means that the collector deems appropriate. Beginning on January 1, 2013, either (i) the collector shall employ an automated bidding system that is programmed to accept the lowest redemption price bid by an eligible tax purchaser, subject to the penalty percentage limitation set forth in Section 21-215, or (ii) all tax sales shall be digitally recorded with video and audio. All bidders are required to personally attend the sale and, if automated means are used, all hardware and software used with respect to those automated means must be certified by the Department and re-certified by the Department every 5 years. If the tax sales are digitally recorded and no automated bidding system is used, then the recordings shall be maintained by the collector for a period of at least 3 years from the date of the tax sale. The changes made by this amendatory Act of the 94th General Assembly are declarative of existing law.
(c) County collectors may, when applicable, eject tax bidders who disrupt the tax sale or use illegal bid practices.
(Source: P.A. 100-1070, eff. 1-1-19
35 ILCS 200/21-210
(35 ILCS 200/21-210)
Bids by taxing districts.
Any city, incorporated town or
village, corporate authorities, commissioners, or persons interested in any
special assessment or installment thereof, may become purchaser at any sale,
and may designate and appoint some officer or person to attend and bid at the
sale on its behalf.
(Source: Laws 1939, p. 886; P.A. 88-455.)
35 ILCS 200/21-215
(35 ILCS 200/21-215)
The person at the sale offering to pay the amount
due on each property for the least penalty percentage shall be the purchaser of
that property. No bid shall be accepted for a penalty exceeding 18% of the
amount of the tax or special assessment on property.
(Source: P.A. 86-1431; 86-1480; 88-455.)
35 ILCS 200/21-220
(35 ILCS 200/21-220)
Letter of credit or bond in counties of 3,000,000 or more;
registration in other counties. In counties with 3,000,000 or more inhabitants,
no person shall make an offer to pay the amount due on any property and the
collector shall not accept or acknowledge an offer from any person who has not
deposited with the collector, not less than 10 days prior to making such offer,
an irrevocable and unconditional letter of credit or such other unconditional
bond payable to the order of the collector in an amount not less than 1.5 times
the amount of any tax or special assessment due upon the property, provided
that in no event shall the irrevocable and unconditional letter
of credit or such other unconditional bond be in an amount less than $1,000.
collector may without notice draw upon the letter of credit or bond in the
event payment of the amount due together with interest and costs thereon is not
made forthwith by the person purchasing any property. At all times during the
sale, any person making an offer or offers to pay the amount or amounts due on
any properties shall maintain the letter of credit or bond with the collector
in an amount not less than 1.5 times the amount due on the properties which he
or she has purchased and for which he or she has not paid.
In counties with less than 3,000,000 inhabitants, unless the county board
provides otherwise, no person shall be eligible to bid who did not register
with the county collector at least 10 business days prior to the first day of
sale authorized under Section 21-115. The registration must be accompanied by a deposit in an amount determined by the county collector, but not to exceed $250 in counties of less than 50,000 inhabitants or $500 in all other counties, which must be applied to the amount due on the properties that the registrant has purchased. If the registrant cannot participate in the tax sale, then he or she may notify the tax collector, no later than 5 business days prior to the sale, of the name of the substitute person who will participate in the sale in the registrant's place, and an additional deposit is not required for any such substitute person. If the registrant does not attend the sale, then the deposit is forfeited to the Tax Sale Automation Fund established under Section 21-245. If the registrant does attend the sale and attempts, but fails, to purchase any parcels offered for sale, then the deposit must be refunded to the registrant.
(Source: P.A. 95-537, eff. 8-28-07.)
35 ILCS 200/21-225
(35 ILCS 200/21-225)
Every property offered at public sale, and
not sold for want of bidders, unless it is released from sale by the withdrawal
from collection of a special assessment levied thereon, shall be forfeited to
the State of Illinois. However, when the court, county clerk and county
treasurer certify that the taxes and special assessments not withdrawn from
collection on forfeited property equal or exceed the actual value of the
property, the county collector shall, on the receipt of such certificate, offer
the property for sale to the highest bidder, after first giving 10 days'
notice in counties with less than 10,000 inhabitants, according to the most recent federal decennial census, and 30 days' notice in all other counties, in the manner described in Sections 21-110 and 21-115, of the time
and place of sale, together with a description of the property to be offered. A
certificate of purchase shall be issued to the purchaser at the sale as in
other cases provided in this Code. The county collector shall receive credit in
the settlement with the taxing bodies for which the tax was levied for the
amount not realized by the sale. The amount received from the sale shall be
paid by the collector, pro rata, to the taxing bodies entitled to it.
(Source: P.A. 97-557, eff. 7-1-12
35 ILCS 200/21-230
(35 ILCS 200/21-230)
Record of sales and redemptions.
When any property is sold, the
county clerk shall enter on the Tax Judgment, Sale, Redemption and Forfeiture
Record, in the blank columns provided for that purpose, the name of the
purchaser and the final bid. When any property is redeemed from sale, the
county clerk shall enter the name of the person redeeming, the redemption date
and the amount of redemption, in the proper column.
(Source: Laws 1965, p. 631; P.A. 88-455.)
35 ILCS 200/21-235
(35 ILCS 200/21-235)
Record of forfeitures.
All properties forfeited to the State at
the sale shall be noted on the Tax Judgment, Sale, Redemption and Forfeiture
In counties with less than 3,000,000 inhabitants, a list of all property
charged with delinquent special assessments and forfeited to the State at the
sale shall be returned to the collector of the levying municipality.
(Source: P.A. 76-2254; 88-455.)
35 ILCS 200/21-240
(35 ILCS 200/21-240)
Payment for property purchased at tax sale; reoffering for
sale. Except as otherwise provided below, the person purchasing any property,
or any part thereof, shall be liable to the county for the amount due and shall
forthwith pay to the county collector the amount charged on the property. Upon
failure to do so, the amount due shall be recoverable in a civil action brought
in the name of the People of the State of Illinois in any court of competent
jurisdiction. The person so purchasing shall be relieved of liability only by
payment of the amount due together with interest and costs thereon, or if the
property is reoffered at the sale, purchased and paid for. Reoffering of the
property for sale shall be at the discretion of the collector. The sale shall
not be closed until payment is made or the property again offered for sale. In
counties with 3,000,000 or more inhabitants, only the taxes, special
assessments, interest and costs as advertised in the sale shall be required to
be paid forthwith. The general taxes charged on the land remaining due and
unpaid, including amounts subject to certificates of error, not included in the
advertisement, shall be paid by the purchaser within 10 days after the sale,
except that upon payment of the fee provided by law to the County Clerk (which
fee shall be deemed part of the costs of sale) the purchaser may make written
application, within the 10 day period, to the county clerk for a statement of
all taxes, interest and costs due and an estimate of the cost of redemption of
all forfeited general taxes, which were not included in the advertisement.
After obtaining such statement and estimate and an order on the county
collector to receive the amount of forfeited general taxes, if any, the
purchaser shall pay to the county collector all the remaining taxes, interest
and costs, and the amount necessary to redeem the forfeited general taxes. The
county collector shall issue the purchaser a receipt therefor. Any delay in
providing the statement or in accepting payment, and delivering receipt
therefor, shall not be counted as a part of the 10 days. When the receipt of
the collector is issued, a copy shall be filed with the county clerk and the
county clerk shall include the amount shown in such receipt in the amount of
the purchase price of the property in the certificate of purchase. The
purchaser then shall be entitled to a certificate of purchase. If a purchaser
fails to complete his or her purchase as provided in this Section, the purchase
shall become void, and be of no effect, but the collector shall not refund the
amount paid in cash at the time of the sale, except in cases of sale in error.
That amount shall be treated as a payment and distributed to the taxing bodies
as other collections are distributed. The lien for taxes for the amount paid
shall remain on the property, in favor of the purchaser, his or her heirs or
assigns, until paid with 5% interest per year on that amount from the date the
purchaser paid it. The amount and fact of such ineffective purchase shall be
entered in the tax judgment, sale, redemption and forfeiture record opposite
the property upon which the lien remains. No redemption shall be made without
payment of this amount for the benefit of the purchaser, and no future sale of
the property shall be made except subject to the lien of such purchaser. This
section shall not apply to any purchase by any city, village or incorporated
town in default of other bidders at any sale for delinquent special
(Source: P.A. 84-1308; 88-455.)
35 ILCS 200/21-245
(35 ILCS 200/21-245)
In all counties, each person purchasing any property at a sale under this Code, shall pay to the county collector, prior to the issuance of any tax certificate, an automation fee set by the county collector of not more than $10 for each item purchased. A like sum shall be paid for each year that all or a portion of the subsequent taxes are paid by a tax purchaser and posted to the tax judgment, sale, redemption and forfeiture record where the underlying certificate is recorded. In counties with less than 3,000,000
(a) The fee shall be paid at the time of the purchase
if the record keeping system used for processing the delinquent property tax sales is automated or has been approved for automation by the county board. The fee shall be collected in the same manner as other fees or costs.
(b) Fees collected under this Section shall be
retained by the county treasurer in a fund designated as the Tax Sale Automation Fund. The fund shall be audited by the county auditor. The county board, with the approval of the county treasurer, shall make expenditures from the fund (1) to pay any costs related to the automation of property tax collections and delinquent property tax sales, including the cost of hardware, software, research and development, and personnel and (2) to defray the cost of providing electronic access to property tax collection records and delinquent tax sale records.
(Source: P.A. 100-1070, eff. 1-1-19
35 ILCS 200/21-250
(35 ILCS 200/21-250)
Certificate of purchase.
The county clerk shall make out and
deliver to the purchaser of any property sold under Section 21-205, a
certificate of purchase countersigned by the collector, describing the property
sold, the date of sale, the amount of taxes, special assessments, interest and
cost for which they were sold and that payment of the sale price has been made.
If any person becomes the purchaser of more than one property owned by one
party or person, the purchaser may have the whole or one or more of them
included in one certificate, but separate certificates shall be issued in all
other cases. A certificate of purchase shall be assignable by endorsement. An
assignment shall vest in the assignee or his or her legal representatives, all
the right and title of the original purchaser.
If the tax certificate is lost or destroyed, the county clerk
shall issue a duplicate certificate upon written request and a sworn affidavit
by the tax sale purchaser, or his or her assignee, that the tax certificate is
lost or destroyed.
The county clerk shall cause a notation to be made
in the tax sale and judgment book that a duplicate certificate has been issued,
and redemption payments shall be made only to the holder of the duplicate
(Source: P.A. 88-455; 89-617, eff. 9-1-96.)
35 ILCS 200/21-251
(35 ILCS 200/21-251)
Registry of owners of certificates of purchase.
(a) The county clerk of each county shall create and maintain a registry
system that permanently records the names, addresses, and telephone numbers of
owners or assignees of certificates of purchase issued pursuant to any tax sale
conducted under this Code. The registry may consist of a single record or a
combination of records maintained in paper or electronic form and may include
copies of records kept by the county treasurer for other purposes, all to be
used as the county clerk deems appropriate to carry out the purposes of this
Section. The information in the registry shall be made available to the public.
(b) The county clerk of each county is authorized to promulgate reasonable
rules, procedures, and forms for purposes of creating and maintaining the
registry and for access to the registry information by members of the public.
In counties with 3,000,000 or more inhabitants, any owner of a certificate of
purchase pursuant to assignment may elect whether to register that assignment
as provided in this Section, but all owners of certificates of purchase shall
be subject to the provisions of subsection (d) of this Section. In counties
with less than 3,000,000 inhabitants, the county clerk shall provide by rule
whether registration of assignments of certificates of purchase shall be
elective or mandatory.
(c) The owner of a certificate of purchase pursuant to assignment, in order
to register that assignment, shall submit to the county clerk the owner's name,
address, and telephone number in accordance with any rules, procedures, and
forms promulgated by the clerk. Any registered owner of a certificate of
purchase may update the registration at any time without charge by submitting
to the county clerk any lawful change of name, address, or telephone number.
(d) If notice is required to be given to the owner of the certificate of
purchase in any proceeding, whether judicial or administrative, affecting a tax
sale conducted under any provision of this Code, the notice may be directed to
the most recent owner of the certificate of purchase appearing in the county
clerk's registry under this Section. Any notice that has been directed as
provided in this Section shall be conclusively presumed to be properly directed
to the owner of the certificate of purchase for all purposes related to the
proceeding in which the notice is given. No objection or assertion by any
assignee of a certificate of purchase in any proceeding shall be heard on
grounds that a notice to the tax purchaser was misdirected, unless that
assignee's current and lawful name, address, and telephone number were
submitted to the county clerk's registry at the time of the notice in question.
(e) The county clerk may assess an automation fee of no more than $10 to be
paid by the owner of the certificate of purchase for each assignment of the
certificate that is registered under this Section. The fee shall be collected
in the same manner as other fees and costs and shall be held by the county
clerk in a fund for purposes of automating his or her office. The fee provided
for under this Section shall not be chargeable to the cost of redemption under
Section 21-355 nor shall it be posted under Section 21-360 of this Code.
(Source: P.A. 92-729, eff. 7-25-02.)
35 ILCS 200/21-252
(35 ILCS 200/21-252)
Index of tax sale records.
The county clerk may make an index
of tax-sale records. The index shall be kept in the county clerk's office as a
public record, open to inspection during office hours.
(Source: Laws 1939, p. 886; P.A. 88-455.)
35 ILCS 200/21-255
(35 ILCS 200/21-255)
County clerk's books and records - Prima facie evidence.
books and records of the county clerk, or copies thereof, certified by the
clerk, shall be prima facie evidence to prove the sale of any property for
taxes or special assessments, the redemption of the property, or payment of
taxes or special assessments thereon.
(Source: Laws 1939, p. 886; P.A. 88-455.)