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Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide. Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.
MUNICIPALITIES (65 ILCS 5/) Illinois Municipal Code. 65 ILCS 5/9-3-41
(65 ILCS 5/9-3-41) (from Ch. 24, par. 9-3-41)
Sec. 9-3-41.
Whenever any assessment has been levied against any real
estate, the assessment or installments thereof shall become delinquent the
first day of July next after the due date thereof and bear interest after
delinquency at the rate as in this Division 3 provided until paid, or until
such real estate is sold for the payment thereof, as in this Division 3
provided. The assessment after delinquency shall continue to be collected
by the authorized collector of any such municipality. Such municipality
shall institute proceedings to foreclose and sell property for the payment
of any assessment, or installment thereof, remaining delinquent 6 months
after delinquency date. Any holder of any bond or of any interest coupon is
entitled to summary relief by mandamus or injunction to enforce the
provisions hereof.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/9-3-42
(65 ILCS 5/9-3-42) (from Ch. 24, par. 9-3-42)
Sec. 9-3-42.
The corporate authorities by resolution shall direct some
officer of such municipality to file a petition in the name of such
municipality in any court of competent jurisdiction to foreclose the lien
as to the past due assessment, or installment thereof, and cause the real
estate against which such assessment, or installment thereof, is levied to
be sold to pay the same. As many lots, tracts and parcels of land as may be
desired may be joined in one suit so long as the lots, tracts and parcels
of land are delinquent for the same assessment or installment thereof
constituting liens against the real estate created under this Division 3.
Upon filing of the petition, notice shall be given by the clerk of the
court addressed "To All Owners, Parties Concerned and Persons Interested"
in the described tracts of real estate, setting forth a description of the
several tracts of real estate sought to be sold, the pendency of the
proceedings, the docket number of the cause, and stating the term of court
at which the petition will be heard. The notice shall be published by the
clerk of the court in a newspaper published and of general circulation in
the municipality where such real estate is situated if there is such a
newspaper. Otherwise, such notice shall be published in a newspaper
published and of general circulation in the county. Such notice shall be
published at least 30 days prior to the date set for the hearing in the
cause. The petition and notice shall give the court full jurisdiction of
all the parties interested as owner, occupant, lien claimant or otherwise,
in the several tracts of real estate described in the petition and notice.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/9-3-43
(65 ILCS 5/9-3-43) (from Ch. 24, par. 9-3-43)
Sec. 9-3-43.
The cause shall be heard as suits to foreclose mortgages on
real estate. The court shall ascertain and determine the amount of the
liens created under this Division 3 due as of the date of the entry of its
orders from each of the several tracts of real estate, specifying
separately the amount due on account of each tract. Judgment shall be
entered against the respective tracts for the amount of such assessment of
installments thereof, including interest, penalties and cost of suit. The
cost shall be apportioned to the respective tracts as the court determines
proper. In such judgment the court shall also order the respective tracts
of real estate sold by the general county officer having authority to
receive state and county taxes, unless the amount of the judgment
determined against the same shall be paid by a short date to be fixed by
the court. Appeals may be prosecuted as in other civil cases.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/9-3-44
(65 ILCS 5/9-3-44) (from Ch. 24, par. 9-3-44)
Sec. 9-3-44.
Upon expiration of the time for payment as fixed by the order
of the court, the general county officer having authority to receive state
and county taxes shall advertise the sale of the several tracts of real
estate on which the amount adjudged against the same by the order has not
been paid. The advertisement shall be made in some newspaper published and
of general circulation in the county at least 10 days prior to the date of
sale. At such sale each lot, tract or parcel of land shall be sold
separately, free and clear of all liens and encumbrances, except for
general taxes and unpaid special assessments not included in the judgment,
the lien for which shall remain unimpaired, to the highest bidder for cash.
The sale shall not be complete until the purchase price is paid. No tract
shall be sold for less than the costs of sale, costs adjudged by the court,
and amount of all past due installments of special assessments created by
this Division 3 as determined by the court. The person so selling shall
make, execute and deliver to the purchaser a certificate of sale which
shall describe the real estate sold, recite the date of sale, the name and
address of the purchaser, the amount bid and that the purchaser is entitled
to a deed conveying fee simple title to the premises upon expiration of the
period of redemption and upon compliance by the purchaser or his assignee
with the provisions of this Division 3. The proceeds received from such
sale shall be disbursed in the following order: first, all costs and
expenses of sale and suit shall be fully paid; second, the amount necessary
to satisfy the special assessments shall be transferred to the proper
officer; third, the residue, if any, shall be delivered to the court to be
turned over to the owner, mortgagee or such other person as shall establish
right thereto. A report of sales shall be made promptly to the court
together with a copy of each certificate of sale issued.
(Source: Laws 1961, p. 576.)
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