Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau
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35 ILCS 200/Art. 21 Div. 8
(35 ILCS 200/Art. 21 Div. 8 heading)
35 ILCS 200/21-400
(35 ILCS 200/21-400)
Special assessments withdrawn or forfeited.
In counties with 3,000,000 or more inhabitants, the county clerk, upon
request of the city comptroller or other municipal officer authorized by the
city council or board of trustees of any city, village or incorporated town to
make such request, shall issue to the city, village or incorporated town, a
certificate of withdrawal or forfeiture countersigned by the county collector
for each property withdrawn or forfeited for non-payment of any special
assessment. The certificate of withdrawal or forfeiture shall describe the
property withdrawn or forfeited, the date of the withdrawal or forfeiture, and
the amount of the special assessment, interest and costs.
(Source: P.A. 76-2254; 88-455.)
35 ILCS 200/21-405
(35 ILCS 200/21-405)
Special assessments withdrawn or forfeited.
When property has been forfeited for delinquent general taxes or
special assessments, a person desiring to purchase the property shall make
application to the county clerk. The application shall be accompanied by a
fee of $10 in counties with 3,000,000 or more inhabitants and $5 in counties
with less than 3,000,000 inhabitants for each item on which application is
made. The county clerk shall promptly send notice by registered or certified
mail, return receipt requested, to the party in whose name the general taxes
were last assessed or paid. The notice shall adequately describe the property,
shall state the name and address of the party in whose name the general taxes
were last assessed or paid, shall recite that application has been made to
purchase the property for forfeited taxes or special assessments
and that the property will be sold unless redemption is made within 30
days of the mailing of notice. For 30 days after the mailing, the
property may be redeemed under Section 21-370.
If redemption is not made, the county clerk shall receive
from the purchaser the amount due on forfeited special assessments,
together with the interest, costs and penalties thereon fixed by law, and
shall issue an order to the county collector directing him or her to receive
from the purchaser the amount of the forfeited general taxes, together with the
costs, interest, fees and forfeiture interest provided in
Section 21-370. In the order, the county clerk shall recite the amounts
received by him or her on account of forfeited special assessments and shall
direct the county collector to issue a receipt in the form of a certificate of
purchase. Upon presentation of the order of the county clerk, the county
collector shall receive the amount due on account of forfeited general taxes,
and shall issue a receipt therefor in the form of a certificate of purchase.
The certificate of purchase shall set forth a description of the property,
and the amount paid by the purchaser on account of general taxes and special
assessments, and shall be countersigned by the county clerk. When so
countersigned, the certificate of purchase shall be evidence of the sale of the
property and of the receipt by the county collector of the amounts ordered to
be received by him or her by the county clerk on account of general taxes, and
evidence of receipt by the county clerk of the amount received by him or her on
account of forfeited special assessments. A certificate of purchase shall not
be valid until it is countersigned by the county clerk. Upon countersigning
the certificate, the county clerk shall make a proper entry of the sale of the
property on the appropriate books, and charge the amount of the sale money of
forfeited general taxes to the collector.
Property purchased under this Section shall be subject to redemption,
notice, etc., the same as if sold under Section 21-110 through 21-120. Any
special assessment which has been withdrawn from collection by the municipality
levying it shall not be subject to sale, but the purchaser, prior to the entry
of any order for the issuance of a tax deed based on a sale under this Section,
shall pay to the officer entitled to receive the amount due on all the
withdrawn special assessments. The purchaser may file his or her receipts with
the county clerk and have them posted on the tax judgment, sale, redemption and
forfeiture record at the same rate of penalty and in the same manner as in the
case of payment of taxes and special assessments accruing after the sale, as
provided in Section 21-355.
(Source: P.A. 87-669; 88-455.)
35 ILCS 200/21-410
(35 ILCS 200/21-410)
Waste; appointment of receiver.
After any sale of property
under this Code and until a tax deed has been issued or until redemption has
been made, no waste shall be committed on any of the properties involved. The
court which ordered the property to be sold may, upon verified petition of the
holder of the certificate of purchase, take such action as the court deems
necessary and desirable to prevent the commission of waste.
If the property sold is improved with an abandoned building or
structure or if any municipality or other local governmental body has
legal action pending because the property violates local building, housing, or
fire ordinances, or because the taxes on the property are delinquent for 2 or
more years, the court which ordered the property to be sold may, upon verified
petition of the holder of the certificate of purchase, enter an order for
appointment of a receiver. Notice of the hearing for appointment of the
receiver shall be given to the owner or owners of the property and to the
person in whose name the taxes were last assessed, by certified or registered
mail sent to their last known addresses, at least 5 days prior to the date of
The receiver may take only that action, subject to court approval, as is
necessary for the preservation of the property or is necessary
to correct conditions at the property that fail to conform to
minimum standards of health and safety, as set forth in local ordinances. If a
receiver is appointed, all costs and expenses advanced by the
receiver shall be repaid as provided for in Section 21-355
before any redemption is considered complete. The receiver shall be
discharged upon redemption from the tax sale or upon entry of an order
directing issuance of a tax deed. Nothing herein contained is intended to
prevent a court from appointing the holder of the certificate of purchase as
receiver. The holder of the certificate of purchase
shall be made a party to any action or proceeding to demolish or destroy
improvements on property where the property has been sold for failure
to pay taxes and the period of redemption has not expired.
(Source: P.A. 85-795; 88-455.)
35 ILCS 200/21-415
(35 ILCS 200/21-415)
When the grantee of a tax deed issued pursuant
to a sale held on or prior to September 1, 1951, or any one claiming
thereunder, has not perfected his title in accordance with Section 13-109 of
the Code of Civil Procedure, it is lawful for the owner of the property or his
agent or attorney to pay or tender to the tax title holder the moneys expended
by the tax title holder upon the sale with 7% interest per year thereon,
together with subsequent taxes and special assessments paid and the statutory
fees and costs incurred. When the payment or tender is made the tax
title holder shall reconvey the property to the owner thereof. The amount of
the tender may be based upon an estimate prepared by the county clerk. However,
the county clerk is not required to include any subsequent taxes or special
assessments in his certificate of redemption, nor shall the payment thereof be
a charge upon the property, unless the purchaser, assignee, or holder of the
tax certificate has filed with the county clerk, before redemption, an
official, original or duplicate tax collector's receipt for the payment of the
subsequent taxes or special assessments, and the tax collector shall execute
and furnish such duplicate tax receipts.
In preparing the estimates, the county clerk shall include, in addition
to the amount of moneys herein provided for, the following fees to the tax
(a) For preparing the affidavit of compliance with
law, $1 in counties with less than 3,000,000 inhabitants and $2 in counties of 3,000,000 or more inhabitants.
(b) For service of the notices provided by law, which
must be served by holders of certificates of sale, to occupants, owners or parties interested in property sold for taxes, $3 in counties with less than 3,000,000 inhabitants and $5 in counties of 3,000,000 or more inhabitants for each property listed, assessed and sold in one description.
(c) The actual cost of recording the tax deed.
The county clerk may charge $5 for preparing the estimate which shall be
prima facie evidence of the amount due the tax title holder.
(Source: P.A. 87-669; 88-455.)
35 ILCS 200/21-420
(35 ILCS 200/21-420)
Failure to reconvey.
Any tax title holder failing or refusing
to reconvey the property to the owner on demand after payment or tender or
deposit of the amounts due, as provided in Section 21-415, shall be guilty of a
petty offense. One-half of the fine shall go to the property owner and one-half
to the county.
(Source: P.A. 77-2236; 88-455.)
35 ILCS 200/21-425
(35 ILCS 200/21-425)
Reconveyance by sheriff.
If the grantee
of a tax deed, or any one claiming thereunder,
fails or refuses to reconvey the property to the owner or owners
thereof on demand after payment or tender or deposit of the amount due as
provided in Section 21-415, the owner or owners may
petition the circuit court in the same proceeding in which the order for
issuance of tax deed was entered, asking that the
amount of the tender, if not already deposited, may be deposited with the
county treasurer and that the sheriff in that county be ordered to reconvey
in the name of the holder of the tax title the property to the owner or
owners thereof. Notice of the filing of the petition and the date of
hearing thereon shall be given as the court may direct. Upon proof that the
required amount has been deposited with the county treasurer and that the
petitioner has complied with all requirements of law entitling him or her to a
reconveyance of the tax title, the court shall enter an order directing the
sheriff to reconvey the property in the name of the holder of the tax
title to the owner or owners thereof.
Whenever the tax purchaser makes application to withdraw moneys
deposited with the county treasurer he or she shall deliver to the county
treasurer a reconveyance of the tax title to the person or persons who made
(Source: Laws 1965, p. 3718; P.A. 88-455.)
35 ILCS 200/21-430
(35 ILCS 200/21-430)
In the event an owner or party interested
requests to make settlement on a part of the property sold to a municipality,
withdrawn from collection or forfeited to the State for the non-payment of
special assessments, the municipal officer is hereby authorized to accept the
pro rata amount of any or all installments of the special assessment. That
amount shall be computed by the board of local improvements, or other board or
officer levying the special assessment, together with interest, costs and
penalties as provided by law.
A petition containing the computation shall then be presented by the
municipality to the court wherein the original assessment was confirmed.
The petition shall bear the same number and title as the original
proceeding. At least 10 days before the date set for the
hearing of the petition, notices shall be sent by mail, postpaid, to each
of the persons who last paid the general taxes on the property
originally assessed. The notices shall contain the description of the
property as originally assessed, as it is to be divided, and the division
of the original assessment, or installments thereof, together with
interest, costs and penalties, showing the amount to be charged against
each part of the property of land so divided, the date when the
petition is to be heard, and the date when objections thereto may be filed.
An affidavit by one of the members of the board of local improvements, or
other board or officer computing the division, attesting to the mailing is
prima facie evidence of a compliance with this Section. The court shall proceed
to determine a fair and equitable division of the assessment, or any
installment thereof, together with all interest, penalties and costs. The
court shall order the cancellation of the certificate of sale, withdrawal or
forfeiture on any part of the property if settlement is made within 10 days
from the date of the court's order.
The county clerk may note on the certificate the partial cancellation and
shall issue a certificate of cancellation on that part of the property and
return the certificate to the municipality. Where a certificate of forfeiture
or withdrawal has not been issued, the county clerk may accept the Receipt of
Deposit for Redemption, issued by the municipal officer, as provided by law,
and the clerk shall issue a certificate of cancellation on that part of the
property. He or she shall make proper entry on his or her records showing the
part of the property on which settlement has been made and the amount due on
(Source: P.A. 83-358; 88-455.)
35 ILCS 200/21-435
(35 ILCS 200/21-435)
Duty of county clerk to pay over to municipality.
clerk shall, within 30 days after they have been collected by him or her, pay
over to the office of the municipality entitled to receive them all special
assessments, penalties and interest on those special assessments, and statutory
costs advanced by the municipality due on account of the redemption or sale of
the forfeited property.
(Source: P.A. 76-2254; 88-455.)
35 ILCS 200/21-440
(35 ILCS 200/21-440)
Action for collection of taxes and special assessments.
county board may, at any time after final judgment and order of sale against
delinquent property under Section 21-180, institute a civil action in the name
of the People of the State of Illinois in the circuit court for the whole
amount due for taxes and special assessments on the delinquent or forfeited
property. Any county, city, village, incorporated town, school district or
other municipal corporation to which any tax or special assessment is due, may,
at any time after final judgment under Section 21-180, institute a civil action
in its own name, in the circuit court, for the amount of the tax or special
assessment due to it on the delinquent or forfeited property, and prosecute the
same to final judgment. On the sale of any property following judgment in the
civil action, the county, city, village, incorporated town, school district or
other municipal corporation, interested in the collection of the tax, may
become purchaser at the sale. If the property so sold is not redeemed the
purchaser may acquire, hold, sell or dispose of the title thereto, the same as
individuals may do under the laws of this State. In any action for
delinquent or forfeited taxes, the fact that property was assessed to a person
shall be prima facie evidence that the person was the owner thereof, and was
liable for the taxes for the year or years for which the assessment was made.
That fact may be proved by the introduction in evidence of the proper
assessment book or roll, or other competent proof. Any judgment rendered for
delinquent or forfeited general taxes under this Section shall include the
costs of the action and reasonable attorney's fees.
(Source: P.A. 86-949; 88-455.)
35 ILCS 200/21-445
(35 ILCS 200/21-445)
Tax and special assessment foreclosure proceedings.
In tax and
special assessment foreclosure proceedings, the purchaser or assignee shall
file a petition for a deed in the proceeding in which the foreclosure order was
entered. Notice of the filing of the petition and of the hearing on the
petition shall be given in conformity with rule or practice of court in regard
to motions as in other civil actions.
(Source: P.A. 79-1366; 88-455.)