State of Illinois
91st General Assembly
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Public Act 91-0209

SB892 Enrolled                                 LRB9104010PTmb

    AN ACT  to  amend  the  Property  Tax  Code  by  changing
Sections 21-385, 22-15, and 22-20.

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

    Section 5.  The Property Tax Code is amended by  changing
Sections 21-385, 22-15, and 22-20 as follows:

    (35 ILCS 200/21-385)
    Sec.  21-385.  Extension  of  period  of redemption.  The
purchaser or  his  or  her  assignee  of  property  sold  for
nonpayment of general taxes or special assessments may extend
the period of redemption at any time before the expiration of
the original period of redemption, or thereafter prior to the
expiration of any extended period of redemption, for a period
which  will  expire  not  later than 3 years from the date of
sale, by filing with the county clerk of the county in  which
the  property  is  located  a  written  notice to that effect
describing the property, stating the date  of  the  sale  and
specifying  the  extended  period of redemption.  If prior to
the expiration of the period of redemption or extended period
of redemption a petition for tax deed has  been  filed  under
Section  22-30, upon application of the petitioner, the court
shall allow the purchaser or his or her  assignee  to  extend
the  period  of  redemption  after expiration of the original
period or any extended period of  redemption,  provided  that
any extension allowed will expire not later than 3 years from
the  date  of sale.  If the period of redemption is extended,
the purchaser or his or her assignee must  give  the  notices
provided for in Section 22-10 at the specified times prior to
the  expiration  of  the  extended  period  of  redemption by
causing a sheriff  (or  if  he  or  she  is  disqualified,  a
coroner)  of  the  county  in which the property, or any part
thereof, is located to  serve  the  notices  as  provided  in
Sections  22-15  and 22-20. The notices may also be served as
provided in Sections 22-15 and 22-20  by  a  special  process
server appointed by the court under Section 22-15.
(Source: P.A. 86-949; 87-1189; 88-455.)

    (35 ILCS 200/22-15)
    Sec.  22-15.  Service  of notice. The purchaser or his or
her assignee shall give the notice required by Section  22-10
by  causing it to be published in a newspaper as set forth in
Section 22-20. In addition, the notice shall be served  by  a
sheriff  (or  if  he or she is disqualified, by a coroner) of
the county in which the property, or  any  part  thereof,  is
located  upon  owners  who reside on any part of the property
sold by  leaving a copy  of  the  notice  with  those  owners
personally.
    In  counties  of  3,000,000  or  more inhabitants where a
taxing district is a petitioner  for  tax  deed  pursuant  to
Section  21-90,  in lieu of service by the sheriff or coroner
the  notice  may  be  served  by  a  special  process  server
appointed by the circuit court as provided in  this  Section.
The  taxing  district  may  move  prior to filing one or more
petitions for tax deed for  appointment  of  such  a  special
process  server.   The  court,  upon being satisfied that the
person named in the motion is at least 18 years of age and is
capable of serving notice as required under this Code,  shall
enter  an  order  appointing such person as a special process
server for a period of one  year.   The  appointment  may  be
renewed for successive periods of one year each by motion and
order,  and  a  copy of the original and any subsequent order
shall be filed in each tax deed case in  which  a  notice  is
served  by  the  appointed person.  Delivery of the notice to
and service of the notice by the special process server shall
have the same force and effect as its delivery to and service
by the sheriff or coroner.
    The same form of notice shall also  be  served  upon  all
other  owners and parties interested in the property, if upon
diligent inquiry they can be found in the  county,  and  upon
the occupants of the property in the following manner:
         (a)  as to individuals, by (1) leaving a copy of the
    notice  with  the  person  personally or (2) by leaving a
    copy at his or her usual place of residence with a person
    of the family, of the  age  of  13  years  or  more,  and
    informing that person of its contents.  The person making
    the service shall cause also send a copy of the notice to
    be  sent  by registered or certified mail, return receipt
    requested, to that party at his or  her  usual  place  of
    residence;
         (b)  as   to   public   and   private  corporations,
    municipal, governmental and quasi-municipal corporations,
    partnerships, receivers and trustees of corporations,  by
    leaving  a  copy of the notice with the person designated
    by the Civil Practice Law.
    If the property sold has more than 4 dwellings  or  other
rental units,  and has a managing agent or party who collects
rents,  that person shall be deemed the occupant and shall be
served with notice instead of the occupants of the individual
units.  If the property has no dwellings or rental units, but
economic or recreational activities are carried  on  therein,
the  person  directing  such  activities  shall be deemed the
occupant.  Holders of rights of entry  and  possibilities  of
reverter  shall  not  be  deemed  parties  interested  in the
property.
    When a party interested in the  property  is  a  trustee,
notice  served  upon the trustee shall be deemed to have been
served upon any beneficiary or note holder thereunder  unless
the holder of the note is disclosed of record.
    When  a  judgment  is  a lien upon the property sold, the
holder of the lien shall be served with notice if the name of
the judgment debtor as shown  in  the  transcript,  certified
copy or  memorandum of judgment filed of record is identical,
as  to  given  name  and  surname, with the name of the party
interested as it appears of record.
    If any owner or party interested, upon  diligent  inquiry
and  effort,  cannot  be  found  or served with notice in the
county as provided in this Section, and the person in  actual
occupancy and possession is tenant to, or in possession under
the  owners  or  the parties interested in the property, then
service of notice upon the  tenant,  occupant  or  person  in
possession shall be deemed service upon the owners or parties
interested.
    If  any  owner or party interested, upon diligent inquiry
and effort cannot be found  or  served  with  notice  in  the
county, then the person making the service shall cause send a
copy  of  the  notice  to  be sent by registered or certified
mail, return receipt requested, to that party at his  or  her
residence, if ascertainable.
(Source: P.A.  87-1189;  88-455; incorporates 88-451; 88-670,
eff. 12-2-94.)

    (35 ILCS 200/22-20)
    Sec. 22-20.  Proof of service of notice;  publication  of
notice.  The  sheriff or coroner serving notice under Section
22-15 shall endorse his or her return  thereon  and  file  it
with the Clerk of the Circuit Court and it shall be a part of
the  court  record.  A special process server appointed under
Section 22-15 shall make his or her return by  affidavit  and
shall  file  it with the Clerk of the Circuit Court, where it
shall be a part of the court record.  If a  sheriff,  special
process  server,  or  coroner to whom any notice is delivered
for service, neglects or refuses  to  make  the  return,  the
purchaser  or  his  or her assignee may petition the court to
enter a rule requiring the sheriff, special  process  server,
or  coroner to make return of the notice on a day to be fixed
by the court, or to show cause on that  day  why  he  or  she
should  not  be  attached  for  contempt  of  the  court. The
purchaser or assignee shall cause a  written  notice  of  the
rule  to  be served upon the sheriff, special process server,
or coroner.  If good  and  sufficient  cause  to  excuse  the
sheriff, special process server, or coroner is not shown, the
court  shall  adjudge  him  or  her guilty of a contempt, and
shall proceed to punish him as in other cases of contempt.
    If the property is located in a municipality in a  county
with less than 3,000,000 inhabitants, the purchaser or his or
her  assignee  shall also publish a notice as to the owner or
party  interested,  in  some  newspaper  published   in   the
municipality.   If the property is not in a municipality in a
county with  less  than  3,000,000  inhabitants,  or  if   no
newspaper  is  published  therein, or if the property is in a
county with 3,000,000 or more inhabitants, the  notice  shall
be  published  in  some  newspaper  in  the  county.   If  no
newspaper  is  published in the county, then the notice shall
be published in the newspaper that is published  nearest  the
county  seat  of the county in which the property is located.
If the owners and parties interested  in  the  property  upon
diligent  inquiry  are unknown to the purchaser or his or her
assignee,  the  publication  as  to  such  owner   or   party
interested,   may  be  made  to  unknown  owners  or  parties
interested.  Any  notice  by  publication  given  under  this
Section  shall  be  given  3 times at any time after filing a
petition for tax deed, but not less than 3  months  nor  more
than  5  months  prior  to  the  expiration  of the period of
redemption.  The publication shall contain (a) notice of  the
filing  of  the  petition for tax deed, (b) the date on which
the petitioner intends to make application for  an  order  on
the  petition that a tax deed issue, (c) a description of the
property, (d) the date upon which the property was sold,  (e)
the  taxes   or special assessments for which it was sold and
(f) the date on which the period of redemption  will  expire.
The  publication  shall  not  include  more than one property
listed and sold in one description,  except  as  provided  in
Section 21-90, and except that when more than one property is
owned  by one person, all of the parcels owned by that person
may be included in one notice.
(Source: P.A. 87-1189; 88-455; 88-535.)

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