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Public Act 91-0554
HB1769 Enrolled LRB9104011PTpk
AN ACT to amend certain Acts in relation to real
property.
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.)
Section 10. The Illinois Municipal Code is amended by
changing Section 11-31-2 as follows:
(65 ILCS 5/11-31-2) (from Ch. 24, par. 11-31-2)
Sec. 11-31-2. (a) If the appropriate official of any
municipality determines, upon due investigation, that any
building or structure therein fails to conform to the minimum
standards of health and safety as set forth in the applicable
ordinances of such municipality, and the owner or owners of
such building or structure fails, after due notice, to cause
such property so to conform, the municipality may make
application to the circuit court for an injunction requiring
compliance with such ordinances or for such other order as
the court may deem necessary or appropriate to secure such
compliance.
If the appropriate official of any municipality
determines, upon due investigation, that any building or
structure located within the area affected by a conservation
plan, adopted by the municipality pursuant to the Urban
Community Conservation Act, fails to conform to the standards
and provisions of such plan, and the owner or owners of such
building or structure fails, after due notice, to cause such
property so to conform, the municipality has the power to
make application to the circuit court for an injunction
requiring compliance with such plan or for such other order
as the court may deem necessary or appropriate to secure such
compliance.
The hearing upon such suit shall be expedited by the
court and shall be given precedence over all other actions.
If, upon application hereunder, the court orders the
appointment of a receiver to cause such building or structure
to conform, such receiver may use the rents and issues of
such property toward maintenance, repair and rehabilitation
of the property prior to and despite any assignment of rents;
and the court may further authorize the receiver to recover
the cost of such maintenance, repair and rehabilitation by
the issuance and sale of notes or receiver's certificates
bearing such interest as the court may fix, and such notes or
certificates, after their initial issuance and transfer by
the receiver, shall be freely transferable and when sold or
transferred by the receiver in return for a valuable
consideration in money, material, labor or services, shall be
a first lien upon the real estate and the rents and issues
thereof, and shall be superior to all prior assignments of
rents and all prior existing liens and encumbrances, except
taxes; provided, that within 90 days of such sale or transfer
for value by the receiver of such note or certificate, the
holder thereof shall file notice of lien in the office of the
recorder in the county in which the real estate is located,
or in the office of the registrar of titles of such county if
the real estate affected is registered under the Registered
Titles (Torrens) Act. The notice of the lien filed shall set
forth (1) a description of the real estate affected
sufficient for the identification thereof, (2) the face
amount of the receiver's note or certificate, together with
the interest payable thereon, and (3) the date when the
receiver's note or certificate was sold or transferred for
value by the receiver. Upon payment to the holder of the
receiver's note or certificate of the face amount thereof
together with any interest thereon to such date of payment,
and upon the filing of record of a sworn statement of such
payment, the lien of such certificate shall be released.
Unless the lien is enforced pursuant to subsection (b), the
lien may be enforced by proceedings to foreclose as in the
case of mortgages or mechanics' liens, and such action to
foreclose such lien may be commenced at any time after the
date of default. For the purposes of this subsection (a), the
date of default shall be deemed to occur 90 days from the
date of issuance of the receiver's certificate if at that
time the certificate remains unpaid in whole or in part.
In the event a receiver appointed under this subsection
(a) completes a feasibility study which study finds that the
property cannot be economically brought into compliance with
the minimum standards of health and safety as set forth in
the applicable ordinances of the municipality, the receiver
may petition the court for reimbursement for the cost of the
feasibility study from the receivership feasibility study and
fee fund. The court shall review the petition and authorize
reimbursement from the fund to the receiver if the court
finds that the findings in the feasibility report are
reasonable, that the fee for the feasibility report is
reasonable, and that the receiver is unable to obtain
reimbursement other than by foreclosure of a lien on the
property. If the court grants the petition for reimbursement
from the fund and, upon receiving certification from the
court of the amount to be paid, the county treasurer shall
order that amount paid from the fund to the receiver. If the
court grants the petition for reimbursement from the fund,
the court shall also authorize and direct the receiver to
issue a certificate of lien against title. The recorded lien
shall be a first lien upon the real estate and shall be
superior to all prior liens and encumbrances except real
estate taxes. The court shall also order the receiver to
reimburse the fund to the extent that the receiver is
reimbursed upon foreclosure of the receiver's lien upon sale
of the property.
In any proceedings hereunder in which the court orders
the appointment of a receiver, the court may further
authorize the receiver to enter into such agreements and to
do such acts as may be required to obtain first mortgage
insurance on the receiver's notes or certificates from an
agency of the Federal Government.
(b) In any case where a municipality has obtained a lien
pursuant to subsection (a), the municipality may enforce such
lien pursuant to this subsection (b) in the same proceeding
in which the lien is authorized.
A municipality desiring to enforce a lien under this
subsection (b) shall petition the court to retain
jurisdiction for foreclosure proceedings under this
subsection. Notice of the petition shall be served, by
certified or registered mail, on all persons who were served
notice under subsection (a). The court shall conduct a
hearing on the petition not less than 15 days after such
notice is served. If the court determines that the
requirements of this subsection (b) have been satisfied, it
shall grant the petition and retain jurisdiction over the
matter until the foreclosure proceeding is completed. If the
court denies the petition, the municipality may enforce the
lien in a separate action as provided in subsection (a).
All persons designated in Section 15-1501 of the Code of
Civil Procedure as necessary parties in a mortgage
foreclosure action shall be joined as parties prior to
issuance of an order of foreclosure. Persons designated in
Section 15-1501 of the Code of Civil Procedure as permissible
parties may also be joined as parties in the action.
The provisions of Article XV of the Code of Civil
Procedure applicable to mortgage foreclosures shall apply to
the foreclosure of a lien pursuant to this subsection (b),
except to the extent that such provisions are inconsistent
with this subsection. However, for purposes of foreclosures
of liens pursuant to this subsection, the redemption period
described in subsection (b) of Section 15-1603 of the Code of
Civil Procedure shall end 60 days after the date of entry of
the order of foreclosure.
(Source: P.A. 88-658, eff. 1-1-95.)
Section 15. The Registered Titles (Torrens) Act is
amended by changing Sections 100 and 102 and adding Section
102.3 as follows:
(765 ILCS 35/100) (from Ch. 30, par. 137)
Sec. 100. All sums of money received pursuant to Sections
40, 99, and 108 of this Act shall be paid by the registrar to
the county treasurer of the county in which the land is
situated, for the purpose of maintaining an indemnity fund
under the terms of this Act, and for the purposes provided
for in Sections 102.1, and 102.2, and 102.3. It shall be the
duty of the treasurer to invest all of the fund, including
both principal and income, from time to time if not
immediately required for payments of indemnities in
accordance with Division 3-11 and other applicable provisions
of the Counties Code. The county treasurer shall report
annually to the county board the condition and income of the
fund and forward a copy of the report to the registrar.
(Source: P.A. 90-778, eff. 8-14-98.)
(765 ILCS 35/102) (from Ch. 30, par. 139)
Sec. 102. Except as otherwise provided in Sections 102.1,
and 102.2, and 102.3 of this Act, the indemnity fund shall be
held to satisfy judgments obtained or claims allowed against
the county for losses or damages as aforesaid. Such claims
for damages shall be presented to the registrar and county
board, and such county board is hereby authorized and
empowered to allow or reject the same and to provide for the
payment of such claims as may be allowed. No claims for
such losses or damages shall be allowed and paid by any such
county board unless upon the recommendation of the registrar
who shall be in office at the time the claim shall be
allowed. The county board shall grant or deny such claims in
whole or in part within 60 days from the date of the receipt
thereof by the county board. In the event the county board
shall fail to grant or deny such claims in whole or in part
within 60 days from the date of the receipt thereof, the
claims are deemed to be denied. Judicial review may be had
in accordance with Administrative Review Law as heretofore or
hereafter amended.
(Source: P.A. 90-778, eff. 8-14-98.)
(765 ILCS 35/102.3 new)
Sec. 102.3. Transfer to the receivership feasibility
study and fee fund. Within 30 days after the effective date
of this amendatory Act of the 91st General Assembly, the
county treasurer shall transfer $250,000 from the indemnity
fund to the receivership feasibility study and fee fund, a
special fund created in the county treasury. Moneys in the
fund shall be used for reimbursements to receivers for whom
the county treasurer has received a certification of
reimbursement due from the circuit court under Section
11-31-2 of the Illinois Municipal Code.
Section 99. Effective date. This Act takes effect upon
becoming law.
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