Illinois General Assembly - Full Text of SB3250
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Full Text of SB3250  97th General Assembly


Sen. Linda Holmes

Filed: 2/14/2012





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2    AMENDMENT NO. ______. Amend Senate Bill 3250 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Property Tax Code is amended by changing
5Section 21-15 as follows:
6    (35 ILCS 200/21-15)
7    Sec. 21-15. General tax due dates; default by mortgage
8lender. Except as otherwise provided in this Section or Section
921-40, all property upon which the first installment of taxes
10remains unpaid on the later of (i) June 1 or (ii) the day after
11the date specified on the real estate tax bill as the first
12installment due date annually shall be deemed delinquent and
13shall bear interest after that date June 1 at the rate of 1
141/2% per month or portion thereof. Except as otherwise provided
15in this Section or Section 21-40, all property upon which the
16second installment of taxes remains due and unpaid on the later



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1of (i) September 1 or (ii) the day after the date specified on
2the real estate tax bill as the second installment due date,
3annually, shall be deemed delinquent and shall bear interest
4after that date September 1 at the same interest rate. All
5interest collected shall be paid into the general fund of the
6county. Payment received by mail and postmarked on or before
7the required due date is not delinquent.
8    Property not subject to the interest charge in Section
99-260 or Section 9-265 shall also not be subject to the
10interest charge imposed by this Section until such time as the
11owner of the property receives actual notice of and is billed
12for the principal amount of back taxes due and owing.
13    If an Illinois resident who is a member of the Illinois
14National Guard or a reserve component of the armed forces of
15the United States and who has an ownership interest in property
16taxed under this Act is called to active duty for deployment
17outside the continental United States and is on active duty on
18the due date of any installment of taxes due under this Act, he
19or she shall not be deemed delinquent in the payment of the
20installment and no interest shall accrue or be charged as a
21penalty on the installment until 180 days after that member
22returns from active duty. To be deemed not delinquent in the
23payment of an installment of taxes and any interest on that
24installment, the reservist or guardsperson must make a
25reasonable effort to notify the county clerk and the county
26collector of his or her activation to active duty and must



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1notify the county clerk and the county collector within 180
2days after his or her deactivation and provide verification of
3the date of his or her deactivation. An installment of property
4taxes on the property of any reservist or guardsperson who
5fails to provide timely notice and verification of deactivation
6to the county clerk is subject to interest and penalties as
7delinquent taxes under this Code from the date of deactivation.
8    Notwithstanding any other provision of law, when any unpaid
9taxes become delinquent under this Section through the fault of
10the mortgage lender, (i) the interest assessed under this
11Section for delinquent taxes shall be charged against the
12mortgage lender and not the mortgagor and (ii) the mortgage
13lender shall pay the taxes, redeem the property and take all
14necessary steps to remove any liens accruing against the
15property because of the delinquency. In the event that more
16than one entity meets the definition of mortgage lender with
17respect to any mortgage, the interest shall be assessed against
18the mortgage lender responsible for servicing the mortgage.
19Unpaid taxes shall be deemed delinquent through the fault of
20the mortgage lender only if: (a) the mortgage lender has
21received all payments due the mortgage lender for the property
22being taxed under the written terms of the mortgage or
23promissory note secured by the mortgage, (b) the mortgage
24lender holds funds in escrow to pay the taxes, and (c) the
25funds are sufficient to pay the taxes after deducting all
26amounts reasonably anticipated to become due for all hazard



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1insurance premiums and mortgage insurance premiums and any
2other assessments to be paid from the escrow under the terms of
3the mortgage. For purposes of this Section, an amount is
4reasonably anticipated to become due if it is payable within 12
5months from the time of determining the sufficiency of funds
6held in escrow. Unpaid taxes shall not be deemed delinquent
7through the fault of the mortgage lender if the mortgage lender
8was directed in writing by the mortgagor not to pay the
9property taxes, or if the failure to pay the taxes when due
10resulted from inadequate or inaccurate parcel information
11provided by the mortgagor, a title or abstract company, or by
12the agency or unit of government assessing the tax.
13(Source: P.A. 93-560, eff. 8-20-03; 94-312, eff. 7-25-05.)
14    Section 99. Effective date. This Act takes effect upon
15becoming law.".