093_HB1489ham002

 










                                     LRB093 05935 SJM 13910 a

 1                    AMENDMENT TO HOUSE BILL 1489

 2        AMENDMENT NO.     .  Amend House Bill 1489,  on  page  1,
 3    line  5, by replacing "Section 21-135" with "Sections 21-135,
 4    21-265, 22-5, and 22-10"; and

 5    on page 2,  immediately  below  line  13,  by  inserting  the
 6    following:

 7        "(35 ILCS 200/21-265)
 8        Sec.  21-265.   Scavenger sale; persons ineligible to bid
 9    or purchase.
10        (a)  No person, except a unit of local government,  shall
11    be  eligible  to  bid or receive a certificate of purchase at
12    any  sale  under  Section  21-260  unless  that  person   has
13    completed  and delivered to the county clerk a true, accurate
14    and complete application for certificate  of  purchase  which
15    shall affirm that:
16             (1)  the  person  has  not  bid  upon  or applied to
17        purchase any property at the sale for a person who is the
18        party or agent of the party who owns the property  or  is
19        responsible for the payment of the delinquent taxes;
20             (2)  the  person  is not, nor is he or she the agent
21        for, the owner or party responsible for  payment  of  the
22        general  taxes  on  any  property which is located in the
 
                            -2-      LRB093 05935 SJM 13910 a
 1        same county in which the sale is held and  which  is  tax
 2        delinquent  or forfeited for all or any part of each of 2
 3        or more years, excepting any year for which a certificate
 4        of error issued under Sections 14-15, 14-20 and 14-25  is
 5        pending for adjudication; and
 6             (3)  the person, although otherwise eligible to bid,
 7        has  not either directly or through an agent twice during
 8        any previous sale in the last 3 calendar years  the  same
 9        sale  failed  to  complete  a  purchase  by the immediate
10        payment of the minimum bid or the payment of the  balance
11        of a bid within the time provided by Section 21-260.
12    (Source: P.A. 86-949; 87-669; 88-455.)

13        (35 ILCS 200/22-5)
14        Sec.  22-5.  Notice  of  sale  and redemption rights.  In
15    order to be entitled to a tax deed, within 4  months  and  15
16    days  after  any  sale held under this Code, the purchaser or
17    his or her assignee shall  deliver  to  the  county  clerk  a
18    notice  to  be given to the party in whose name the taxes are
19    last assessed as shown by the  most  recent  tax  collector's
20    warrant  books,  in  at  least 10 point type in the following
21    form completely filled in:
22                  TAKE NOTICE OF SALE OF DELINQUENT
23              REAL ESTATE TAX LIEN AND OF POSSIBLE LOSS
24               OF PROPERTY IF THE SALE IS NOT REDEEMED
25    County of ...................................................
26    Date Lien for Taxes Premises Sold ...........................
27    Certificate of Purchase No. .................................
28    Sold for General Taxes of (year) ............................
29    Sold for Special Assessment of the (Municipality) of.........
30    and special assessment number ...............................
31    Warrant No. ...............   Inst. No. .................
32             THE LIEN ON THIS PROPERTY HAS BEEN SOLD FOR
33                   DELINQUENT TAXES HAS BEEN SOLD
 
                            -3-      LRB093 05935 SJM 13910 a
 1    Property located at .........................................
 2    Property Legal Description or Permanent Index No:  Vol ......
 3    .............................................................
 4    PIN .........................................................
 5    Legal Description (required if location, volume, and PIN  are
 6    not given): .................................................
 7    .............................................................
 8    .............................................................
 9    .............................................................
10        This  notice  is to advise you that the lien on the above
11    property has  been sold for delinquent taxes  has  been  sold
12    and  that  the period of redemption from the sale will expire
13    on ..........................................................
14        The tax purchaser may, without notice to you, extend  the
15    date   of   redemption  to  a  date  between  ..........  and
16    ........... After the first expiration date above,  you  need
17    to  call  the  county  clerk  to  determine  whether  the tax
18    purchaser has extended the date. The  tax  purchaser  is  not
19    required  to  and  may not extend the redemption date. If the
20    redemption date has expired, you will not be able  to  redeem
21    your lien and may lose your property.
22        This notice is also to advise you that a petition will be
23    filed  for a tax deed which will transfer title and the right
24    to possession of this property if redemption is not  made  on
25    or before ............................, or any extended date.
26        At  the  date  of  this notice the total amount which you
27    must pay in order to redeem the above property is ...........
28        The amount to redeem is subject to increase  at  6  month
29    intervals  from the date of sale and may be further increased
30    if  the  tax  purchaser  pays   any   subsequently   accruing
31    delinquent  taxes  or special assessments in order to protect
32    the tax purchaser's lien on your taxes.
33               YOU ARE URGED TO REDEEM IMMEDIATELY TO
34                      PREVENT LOSS OF PROPERTY
 
                            -4-      LRB093 05935 SJM 13910 a
 1        Redemption can be made at any time on or before ....  (or
 2    any  extended  date, if any), by applying to the County Clerk
 3    of .... County, Illinois at the County Court  Building  House
 4    in ...., Illinois.
 5        The  above  amount  is  subject  to  increase  at 6 month
 6    intervals from the date of sale.  Check with the county clerk
 7    as to the exact amount you  owe  before  redeeming.   Payment
 8    must  be  made  by  certified  check,  cashier's check, money
 9    order, or in cash.

10    For further information contact the County Clerk.
11        Address:................................
12        Telephone: ...............................

13    Purchaser or Assignee.
14        Name: ...................................................
15        Address: ................................................
16        Dated (insert date).

17        Within 10 days after receipt of said notice,  the  county
18    clerk  shall  mail to the addresses supplied by the purchaser
19    or assignee, by registered or certified mail, copies of  said
20    notice to the party in whose name the taxes are last assessed
21    as  shown  by  the most recent tax collector's warrant books.
22    The purchaser or assignee shall pay to the clerk postage plus
23    the sum of $10.  The clerk shall write or stamp the  date  of
24    receiving  the  notices  upon  the copies of the notices, and
25    retain one copy.
26    (Source: P.A. 91-357, eff. 7-29-99.)

27        (35 ILCS 200/22-10)
28        Sec.  22-10.  Notice   of   expiration   of   period   of
29    redemption.  A purchaser or assignee shall not be entitled to
30    a tax deed to the property  sold  unless,  not  less  than  3
31    months  nor more than 5 months prior to the expiration of the
32    period of redemption, he or she gives notice of the sale  and
 
                            -5-      LRB093 05935 SJM 13910 a
 1    the  date  of  expiration  of the period of redemption to the
 2    owners, occupants, and parties interested  in  the  property,
 3    including any mortgagee of record, as provided below.
 4        The  Notice  to  be  given  to the parties shall be in at
 5    least 10 point type in the following form  completely  filled
 6    in:
 7    TAX DEED NO. ....................  FILED ....................
 8                  TAKE NOTICE OF SALE OF DELINQUENT
 9               REAL ESTATE TAX LIEN AND PETITION FOR A
10                      TAX DEED TO THE PROPERTY
11    County of .............................TAX DEED NO. .........
12    Date Taxes Premises Sold ..............FILED ................
13    Certificate No.  ............................................
14    Sold for General Taxes of (year) ............................
15    Sold for Special Assessment of the (Municipality) of ........
16    and special assessment No. number ...........................
17    Warrant No. ................  Inst. No. .................
18             THE LIEN ON THIS PROPERTY HAS BEEN SOLD FOR
19                   DELINQUENT TAXES HAS BEEN SOLD
20    Property located at .........................................
21    Legal Description or Property Index No.:   Vol.....PIN......
22    Legal Description (required if location, volume, and PIN, are
23    not given) ..................................................
24    .............................................................
25    .............................................................
26    .............................................................
27    .............................................................
28        This  notice  is to advise you that the lien on the above
29    property has been sold for delinquent taxes has been sold and
30    that the period of redemption from the sale will expire on ..
31    .............................................................
32        This notice is also to advise you  that  a  petition  HAS
33    BEEN  filed for a tax deed that will transfer title and right
34    to possession of property if redemption is  not  made  on  or
 
                            -6-      LRB093 05935 SJM 13910 a
 1    before .....................
 2        The  matter  is  set  for hearing in the circuit court of
 3    this county in ........, Illinois on ........... You  may  be
 4    present at this hearing but your right to redeem will already
 5    have expired at that time.
 6                 YOU ARE URGED TO REDEEM IMMEDIATELY
 7                    TO PREVENT LOSS OF PROPERTY.
 8        Redemption can be made at any time on or before . . . . .
 9    .  .  by  applying  to  the County Clerk of ......... County,
10    Illinois at the County Building in ......., Illinois.
11        The amount to redeem is subject to increase  at  6  month
12    intervals  from the date of sale and may be further increased
13    if the purchaser at the tax sale or his or her assignee  pays
14    any  subsequently  accruing  taxes  or special assessments to
15    redeem the property from subsequent forfeitures or tax sales.
16    Check with the county clerk as to the exact  amount  you  owe
17    before redeeming.
18              PAYMENT MUST BE MADE BY CERTIFIED CHECK,
19              CASHIER'S CHECK, MONEY ORDER, OR IN CASH.
20        This  notice  is  also  to advise you that a petition has
21    been filed for a tax deed which will transfer title  and  the
22    right  to  possession  of  this property if redemption is not
23    made on or before ...........................................
24        This matter is set for hearing in the  Circuit  Court  of
25    this county in ...., Illinois on .....
26        You  may  be  present  at  this hearing but your right to
27    redeem will already have expired at that time.
28                 YOU ARE URGED TO REDEEM IMMEDIATELY
29                     TO PREVENT LOSS OF PROPERTY
30        Redemption can be made at any time on or before ....   by
31    applying to the County Clerk of ...., County, Illinois at the
32    County Court House in ...., Illinois.

33    For further information contact the County Clerk.
34        Address: ................................................
 
                            -7-      LRB093 05935 SJM 13910 a
 1        Telephone: ..............................................

 2    Purchaser or Assignee.
 3        Name:....................................................
 4        Address: ................................................
 5        Date:  (insert date).

 6        In  counties  with  3,000,000  or  more  inhabitants, the
 7    notice shall also state the address, room number and time  at
 8    which the matter is set for hearing.
 9        This  amendatory  Act  of 1996 applies only to matters in
10    which a petition for tax  deed  is  filed  on  or  after  the
11    effective date of this amendatory Act of 1996.
12    (Source: P.A. 91-357, eff. 7-29-99; 92-267, eff. 1-1-02.)".