Illinois Compiled Statutes
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35 ILCS 200/22-15
(35 ILCS 200/22-15)
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 or, except in Cook County, by a person who is licensed or registered as a private detective under the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004 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, in the manner set forth under Sections 2-203,
2-204, 2-205, 2-205.1, and 2-211 of the Code of Civil
Procedure, 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.
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 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.
The changes to this Section made by Public Act 95-477
apply only to matters in which a petition for tax deed is filed on or after June 1, 2008 (the effective date of Public Act 95-477).
(Source: P.A. 95-195, eff. 1-1-08; 95-477, eff. 6-1-08; 95-876, eff. 8-21-08.)