State of Illinois
91st General Assembly
Legislation

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91_HB1888

 
                                               LRB9103555PTmb

 1        AN ACT to amend the Property Tax Code by changing Section
 2    21-355.

 3        Be  it  enacted  by  the People of the State of Illinois,
 4    represented in the General Assembly:

 5        Section 5.  The Property Tax Code is amended by  changing
 6    Section 21-355 as follows:

 7        (35 ILCS 200/21-355)
 8        Sec.  21-355.  Amount of redemption.  Any person desiring
 9    to redeem shall deposit an amount specified in  this  Section
10    with  the county clerk of the county in which the property is
11    situated,  in  legal  money  of  the  United  States,  or  by
12    cashier's check, certified check, post office money order  or
13    money  order  issued by a financial institution insured by an
14    agency or instrumentality of the United  States,  payable  to
15    the  county clerk of the proper county.  The deposit shall be
16    deemed timely only if actually  received  in  person  at  the
17    county  clerk's  office  prior  to  the  close of business as
18    defined in Section 3-2007 of the Counties Code on  or  before
19    the  expiration  of  the  period  of  redemption or by United
20    States mail with a post office cancellation  mark  dated  not
21    less  than  one  day prior to the expiration of the period of
22    redemption.  The deposit shall be in an amount equal  to  the
23    total of the following:
24             (a)  the certificate amount, which shall include all
25        tax   principal,   special   assessments,   interest  and
26        penalties paid by the tax purchaser together  with  costs
27        and  fees of sale and fees paid under Sections 21-295 and
28        21-315 through 21-335;
29             (b)  the accrued penalty, computed through the  date
30        of  redemption as a percentage of the certificate amount,
31        as follows:
 
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 1                  (1)  if the redemption occurs on or before  the
 2             expiration  of   6 months from the date of sale, the
 3             certificate amount times the penalty bid at sale;
 4                  (2)  if the redemption occurs  after  6  months
 5             from  the  date  of  sale,  and  on  or  before  the
 6             expiration  of  12 months from the date of sale, the
 7             certificate amount times 2 times the penalty bid  at
 8             sale;
 9                  (3)  if  the  redemption occurs after 12 months
10             from  the  date  of  sale  and  on  or  before   the
11             expiration  of  18 months from the date of sale, the
12             certificate amount times 3 times the penalty bid  at
13             sale;
14                  (4)  if  the  redemption occurs after 18 months
15             from  the  date  of  sale  and  on  or  before   the
16             expiration  of  24 months from the date of sale, the
17             certificate amount times 4 times the penalty bid  at
18             sale;
19                  (5)  if  the  redemption occurs after 24 months
20             from  the  date  of  sale  and  on  or  before   the
21             expiration  of  30 months from the date of sale, the
22             certificate amount times 5 times the penalty bid  at
23             sale;
24                  (6)  if  the  redemption occurs after 30 months
25             from  the  date  of  sale  and  on  or  before   the
26             expiration  of  36 months from the date of sale, the
27             certificate amount times 6 times the penalty bid  at
28             sale.
29                  In  the  event that the property to be redeemed
30             has been purchased under Section 21-370, the penalty
31             bid shall be 12% per penalty period as set forth  in
32             subparagraphs  (1)  through  (6)  of this subsection
33             (b).
34             (c)  The total of all  taxes,  special  assessments,
 
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 1        accrued  interest  on those taxes and special assessments
 2        and costs charged in connection with the payment of those
 3        taxes or special assessments, which have been paid by the
 4        tax certificate holder on or after the date  those  taxes
 5        or  special  assessments  became delinquent together with
 6        12% penalty on each amount  so  paid  for  each  year  or
 7        portion  thereof  intervening  between  the  date of that
 8        payment and the date of redemption. In counties with less
 9        than 3,000,000 inhabitants, however,  a  tax  certificate
10        holder  may  not  pay  all or part of an installment of a
11        subsequent tax or special assessment for  any  year,  nor
12        shall  any  tender  of  such a payment be accepted, until
13        after the second or final installment of  the  subsequent
14        tax  or special assessment has become delinquent or until
15        after the holder of the certificate of purchase has filed
16        a petition for a tax  deed  under  Section  22.30.    The
17        person  redeeming  shall  also pay the amount of interest
18        charged on the subsequent tax or special  assessment  and
19        paid  as  a  penalty by the tax certificate holder.  This
20        amendatory Act of 1995 applies  to  tax  years  beginning
21        with the 1995 taxes, payable in 1996, and thereafter.
22             (d)  Any   amount   paid   to  redeem  a  forfeiture
23        occurring subsequent to the tax sale  together  with  12%
24        penalty   thereon   for  each  year  or  portion  thereof
25        intervening between the date of the forfeiture redemption
26        and the date of redemption from the sale.
27             (e)  Any amount paid by the certificate  holder  for
28        redemption of a subsequently occurring tax sale.
29             (f)  All fees paid to the county clerk under Section
30        22-5.
31             (g)  All  fees  paid  to  the  registrar  of  titles
32        incident to registering the tax certificate in compliance
33        with the Registered Titles (Torrens) Act.
34             (h)  All  fees  paid  to  the  circuit clerk and the
 
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 1        sheriff or coroner in connection with the filing  of  the
 2        petition  for  tax  deed  and  service  of  notices under
 3        Sections 22-15 through 22-30 and 22-40 in addition to (1)
 4        a fee of $100 $35 if a petition for  tax  deed  has  been
 5        filed,  which  fee  shall be posted to the tax judgement,
 6        sale, redemption, and forfeiture record, to  be  paid  to
 7        the purchaser or his or her assignee; (2) a fee of $10 $4
 8         if a notice under Section 22-5 has been filed, which fee
 9        shall  be  posted  to the tax judgment, sale, redemption,
10        and forfeiture record, to be paid to the purchaser or his
11        or her assignee; and (3) all costs paid to record  a  lis
12        pendens notice in connection with filing a petition under
13        this Code.  The fees in (1) and (2) of this paragraph (h)
14        shall  be exempt from the posting requirements of Section
15        21-360.
16             (i)  All fees paid for publication of notice of  the
17        tax sale in accordance with Section 22-20.
18             (j)  All   sums   paid   to  any  city,  village  or
19        incorporated town for reimbursement under Section 22-35.
20             (k)  All costs and expenses  of  receivership  under
21        Section  21-410,  to  the  extent  that  these  costs and
22        expenses exceed any income from the property in question,
23        if the costs and expenditures have been approved  by  the
24        court appointing the receiver and a certified copy of the
25        order  or approval is filed and posted by the certificate
26        holder with the county clerk.  Only actual costs expended
27        may be posted on the tax judgment, sale,  redemption  and
28        forfeiture record.
29    (Source: P.A.   88-455;  89-57,  eff.  6-30-95;  89-69,  eff.
30    6-30-95; 89-626, eff. 8-9-96.)

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