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Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide. Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.
REVENUE (35 ILCS 200/) Property Tax Code. 35 ILCS 200/21-20 (35 ILCS 200/21-20)
Sec. 21-20. Due dates; accelerated billing in counties of less than
3,000,000. Except as otherwise provided in Section 21-40, in counties with
less than 3,000,000 inhabitants in which the
accelerated method of billing and paying taxes provided for in Section 21-30 is
in effect, the estimated first installment of unpaid taxes shall be deemed
delinquent and shall bear interest after a date not later than June 1 annually
as provided for in the ordinance or resolution of the county board adopting the
accelerated method, at the rate of 1 1/2% per month or portion thereof until
paid or forfeited. The second installment of unpaid taxes shall be deemed
delinquent and shall bear interest after August 1 annually at the same interest
rate until paid or forfeited. Payment received by mail and postmarked on or
before the required due date is not delinquent.
Notwithstanding any other provision of law, if a taxpayer owes an arrearage of taxes due to an administrative error, and if the county collector sends a separate bill for that arrearage as provided in Section 14-41, then any part of the arrearage of taxes that remains unpaid on the day after the due date specified on that tax bill
shall be deemed delinquent and shall bear interest after that date at the rate of
1 1/2% per month or portion thereof.
If an Illinois resident who is a member of the Illinois National Guard
or a reserve component of the armed forces of the United States and
who has
an ownership interest in property taxed under this Act is called to active duty
for deployment outside the continental United States
and
is on active duty on the due date of any installment of taxes due under
this Act, he or she shall not be deemed delinquent in the payment of the
installment and no interest shall accrue or be charged as a penalty on the
installment until 180 days after that member returns from
active
duty.
To be deemed not delinquent in the payment of an installment of taxes and any
interest
on that installment, the reservist or guardsperson must make a reasonable effort to notify the county clerk and the county collector of his or her activation to active duty and must notify the county clerk and the county collector
within 180
days after his or her deactivation and provide verification of the date of his
or her
deactivation. An installment of property taxes on the property of any reservist
or
guardsperson who fails to provide timely notice and verification of
deactivation to the
county clerk is subject to interest and penalties as delinquent taxes under
this Code from
the date of deactivation.
(Source: P.A. 98-286, eff. 1-1-14.)
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35 ILCS 200/21-25 (35 ILCS 200/21-25)
Sec. 21-25. Due dates; accelerated billing in counties of 3,000,000 or more.
Except as hereinafter provided and as provided in Section 21-40, in
counties with 3,000,000 or more inhabitants
in which the accelerated method of billing and paying taxes provided for in
Section 21-30 is in effect, the estimated first installment of unpaid taxes
shall be deemed delinquent and shall bear interest after March 1 and until paid or forfeited at the rate of
(i) 1 1/2% per month or portion thereof if the unpaid taxes are for a tax year before 2023 or (ii) 0.75% per month, or portion thereof, if the unpaid taxes are for tax year 2023 or any tax year thereafter. For tax year 2010, the estimated first installment of unpaid taxes shall be deemed delinquent and shall bear interest after April 1 at the rate of 1.5% per month or portion thereof until paid or forfeited. For tax year 2022, the estimated first installment of unpaid taxes shall be deemed delinquent and shall bear interest after April 1, 2023 at the rate of 1.5% per month or portion thereof until paid or forfeited. For all tax years, the second
installment of unpaid taxes shall be deemed delinquent and shall bear interest
after August 1 annually at the same interest rate until paid or forfeited.
Notwithstanding any other provision of law, if a taxpayer owes an arrearage of taxes due to an administrative error, and if the county collector sends a separate bill for that arrearage as provided in Section 14-41, then any part of the arrearage of taxes that remains unpaid on the day after the due date specified on that tax bill
shall be deemed delinquent and shall bear interest after that date at the rate of
(i) 1 1/2% per month, or portion thereof, if the unpaid taxes are for a tax year before 2023 or (ii) 0.75% per month, or portion thereof, if the unpaid taxes are for tax year 2023 or any tax year thereafter.
If the county board elects by ordinance adopted prior to July 1 of a levy
year to provide for taxes to be paid in 4 installments, each installment for
that levy year and each subsequent year shall be deemed delinquent and shall
begin to bear interest 30 days after the date specified by the ordinance for
mailing bills, at the rate of 1 1/2% per month, or portion thereof, until paid
or forfeited.
If the unpaid taxes are for a tax year before 2023, then interest shall accrue at the rate of 1.5% per month, or portion thereof, until paid or forfeited. If the unpaid taxes are for tax year 2023 or any tax year thereafter, then interest shall accrue at the rate of 0.75% per month, or portion thereof, until paid or forfeited.
Payment received by mail and postmarked on or before the required due date
is not delinquent.
Taxes levied on homestead property in which a member of the National Guard or
reserves of the armed forces of the United States who was called to active duty
on or after August 1, 1990, and who has an ownership interest, shall not be
deemed delinquent and no interest shall accrue or be charged as a penalty on
such taxes due and payable in 1991 or 1992 until one year after that member
returns to civilian status.
If an Illinois resident who is a member of the Illinois National Guard
or a reserve component of the armed forces of the United States
and who has an ownership interest in property taxed under this Act is
called to
active duty
for deployment outside the continental United States
and
is on active duty on the due date of any installment of taxes due under
this Act, he or she shall not be deemed delinquent in the payment of the
installment and no interest shall accrue or be charged as a penalty on the
installment until 180 days after that member returns to
civilian
status.
To be deemed not delinquent in the payment of an installment of taxes and any
interest
on that installment, the reservist or guardsperson must make a reasonable effort to notify the county clerk and the county collector of his or her activation to active duty and must notify the county clerk and the county collector
within 180
days after his or her deactivation and provide verification of the date of his
or her
deactivation. An installment of property taxes on the property of any reservist
or
guardsperson who fails to provide timely notice and verification of
deactivation to the
county clerk is subject to interest and penalties as delinquent taxes under
this Code from
the date of deactivation.
(Source: P.A. 102-1112, eff. 12-21-22; 103-555, eff. 1-1-24 .)
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35 ILCS 200/21-27
(35 ILCS 200/21-27)
Sec. 21-27. Waiver of interest penalty. (a) On the recommendation
of the county treasurer, the county board may adopt a resolution under which an
interest penalty for the delinquent payment of taxes for any year that
otherwise would be imposed under Section 21-15, 21-20, or 21-25 shall be waived
in the case of any person who meets all of the following criteria:
(1) The person is determined eligible for a grant | | under the Senior Citizens and Persons with Disabilities Property Tax Relief Act with respect to the taxes for that year.
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(2) The person requests, in writing, on a form
| | approved by the county treasurer, a waiver of the interest penalty, and the request is filed with the county treasurer on or before the first day of the month that an installment of taxes is due.
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(3) The person pays the installment of taxes due, in
| | full, on or before the third day of the month that the installment is due.
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(4) The county treasurer approves the request for a
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(b) With respect to property that qualifies as a brownfield site under Section 58.2 of the Environmental Protection Act, the county board, upon the recommendation
of the county treasurer, may adopt a resolution to waive an
interest penalty for the delinquent payment of taxes for any year that
otherwise would be imposed under Section 21-15, 21-20, or 21-25 if all of the following criteria are met:
(1) the property has delinquent taxes and an
| | outstanding interest penalty and the amount of that interest penalty is so large as to, possibly, result in all of the taxes becoming uncollectible;
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| (2) the property is part of a redevelopment plan of a
| | unit of local government and that unit of local government does not oppose the waiver of the interest penalty;
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| (3) the redevelopment of the property will benefit
| | the public interest by remediating the brownfield contamination;
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| (4) the taxpayer delivers to the county treasurer (i)
| | a written request for a waiver of the interest penalty, on a form approved by the county treasurer, and (ii) a copy of the redevelopment plan for the property;
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| (5) the taxpayer pays, in full, the amount of up to
| | the amount of the first 2 installments of taxes due, to be held in escrow pending the approval of the waiver, and enters into an agreement with the county treasurer setting forth a schedule for the payment of any remaining taxes due; and
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| (6) the county treasurer approves the request for a
| | (c) For the 2019 taxable year (payable in 2020) only, the county board of a county with fewer than 3,000,000 inhabitants may adopt an ordinance or resolution under which some or all of the interest penalty for the delinquent payment of any installment other than the final installment of taxes for the 2019 taxable year that otherwise would be imposed under Section 21-15, 21-20, or 21-25 shall be waived for all taxpayers in the county, for a period of (i) 120 days after the effective date of this amendatory Act of the 101st General Assembly or (ii) until the first day of the first month during which there is no longer a statewide COVID-19 public health emergency, as evidenced by an effective disaster declaration of the Governor covering all counties in the State.
(Source: P.A. 101-635, eff. 6-5-20.)
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35 ILCS 200/21-30
(35 ILCS 200/21-30)
Sec. 21-30. Accelerated billing. Except as provided in this Section, Section 9-260, and Section 21-40, in
counties with
3,000,000 or more inhabitants, by January 31 annually, estimated tax bills
setting out the first installment of property taxes for the preceding year,
payable in that year, shall be prepared and mailed. The first installment of
taxes on the estimated tax bills shall be computed at (i) 50% of the total of each
tax bill for the preceding year for taxes payable on or before December 31, 2009, and (ii) 55% of the total of each tax bill for the preceding year beginning with the first installment payable in 2010.
If, prior to the preparation of the estimated tax bills, a certificate of
error has been either approved by a court on or before November 30 of the
preceding year or certified pursuant to Section 14-15 on or before November 30
of the preceding year, then the first installment of taxes on the estimated tax
bills shall be computed at (i) 50% of the total taxes for the preceding year as
corrected by the certificate of error for taxes payable on or before December 31, 2009, and (ii) 55% of the total taxes for the preceding year, as
corrected by the certificate of error, beginning with the first installment payable in 2010.
By June 30 annually, actual tax bills shall
be prepared and mailed. These bills shall set out total taxes due and the
amount of estimated taxes billed in the first installment, and shall state
the balance of taxes due for that year as represented by the sum derived
from subtracting the amount of the first installment from the total taxes due
for that year.
The county board may provide by ordinance, in counties with 3,000,000 or more
inhabitants, for taxes to be paid in 4 installments. For the levy year for
which the ordinance is first effective and each subsequent year, estimated tax
bills setting out the first, second, and third installment of taxes for the
preceding year, payable in that year, shall be prepared and mailed not later
than the date specified by ordinance. Each installment on estimated tax bills
shall be computed at 25% of the total of each tax bill for the preceding year.
By the date specified in the ordinance, actual tax bills shall be prepared and
mailed. These bills shall set out total taxes due and the amount of estimated
taxes billed in the first, second, and third installments and shall state the
balance of taxes due for that year as represented by the sum derived from
subtracting the amount of the estimated installments from the total taxes due
for that year.
The county board of any county with less than 3,000,000 inhabitants may, by
ordinance or resolution, adopt an accelerated method of tax billing.
The county board may subsequently rescind the ordinance or resolution and
revert to the method otherwise provided for in this Code.
(Source: P.A. 96-490, eff. 8-14-09.)
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35 ILCS 200/21-35
(35 ILCS 200/21-35)
Sec. 21-35.
Estimated billing in overlapping districts.
In counties with
less than 3,000,000 inhabitants, when the certified assessed valuations for
that portion of overlapping taxing districts lying in another county for the
preceding year have not been received by the county clerk by March 1, the
county board, upon petition of the county clerk, may by resolution or ordinance
adopted on or prior to April 1 of that year, adopt the estimated property tax
billing system provided for in this Section for taxes for the preceding year.
The resolution or ordinance shall be effective only for the year in which it is
adopted.
When authorized by the county board to use the estimated property tax billing
system, the county clerk shall estimate the assessed valuations for the other
counties in the overlapping taxing districts from which certified assessed
valuations for the preceding year have not been received by March 1. The
estimated assessed valuations shall, for purposes of computing the first
installment tax billing in the current year, be treated in the same manner as
certified assessed valuations. Where estimated assessed valuations are used,
the first installment billing shall be prepared and mailed on or before May 1.
The county clerk shall make adjustments in the assessments, based on the
actual certified assessed valuations later received from the other counties,
and such adjustments shall be included in the tax billings for the second
installment. A county using the estimated billing system shall complete and
mail the adjusted second installment tax billing on or before August 1.
(Source: P.A. 91-357, eff. 7-29-99.)
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35 ILCS 200/21-40
(35 ILCS 200/21-40)
Sec. 21-40.
Ordinance for delayed due date; accrual of interest.
(a) In any county with less than 3,000,000 inhabitants,
the county board may adopt an ordinance under which 50% of each installment
of taxes shall not become delinquent until 60 days after each installment
would otherwise become delinquent under Sections 21-15, 21-20, 21-25 or 21-30.
(b) Beginning with installments of taxes and special assessments payable
in 1994, in any county that has been designated, in whole or in part, as a
disaster area by the President of the United States or the Governor of the
State of Illinois due to a disaster that occurred during the calendar year
in which the taxes are payable or in the preceding calendar year, the county
board may adopt an ordinance or resolution under which interest allowed to be
assessed on special assessments or allowed to be assessed under Sections 21-15,
21-20, and 21-25 on delinquent installments of taxes for real property within
one or more townships (or congressional townships if the assessor's books are
organized by congressional townships) designated by the county board, that have
been affected by the disaster does
not accrue until the court enters the order for sale
of the property. The ordinance or resolution shall provide that a person may
pay a delinquent installment of taxes or special assessment without
interest being assessed until the
last working day before the court enters the order for sale of the property.
If adopted, the ordinance or resolution must establish a procedure for affected
property owners to make application to a designated county official who
shall determine, according to the guidelines in the ordinance or resolution,
whether the property is substantially damaged or adversely affected and shall
approve damaged or adversely affected property for the delay in accrual of
interest specified in the ordinance or resolution. The designated county
official shall notify the county collector of the parcel
number and the name of the owner of property approved for relief.
(c) (1) The governing authority of any county that has been designated, in
whole or in part, as a disaster area by the President of the United States or
the Governor of the State of Illinois may adopt an ordinance or resolution
modifying the provisions of this Act relating to any specified installment or
installments of real property tax or special assessment on real property that
is situated within the designated disaster area and that is determined, in the
manner provided in the ordinance or resolution, to be substantially damaged or
adversely affected as a result of that disaster.
The ordinance or resolution may:
(A) postpone the date on which any specified | | installment or installments of tax due on that real property in the current year becomes or became delinquent under Section 21-15, 21-20, or 21-25;
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(B) exempt any specified installment or installments
| | of tax due on that real property from the interest penalty provided under Section 21-15, 21-20, or 21-25 until the postponed delinquency date established by the ordinance or resolution;
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(C) postpone the date on which a special assessment
| | due on that real property in the current year becomes or became delinquent; and exempt a special assessment due on that real property from any interest penalty until the postponed delinquency date established by the ordinance or resolution; and
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(D) order the county collector not to give notice of
| | application for judgment for sale under Section 21-110 or 21-120 and not to apply for judgment and order of sale under Section 21-150, until after the postponed delinquency date for the final installment of tax or special assessment due on that real property as established in the ordinance or resolution.
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(2) The ordinance or resolution shall establish a procedure for owners of
real property situated in the designated disaster area to make application to a
designated county official, who shall determine, within the guidelines
established by the ordinance or resolution, if the property is substantially
damaged or adversely affected and approve the property for relief as specified
in the ordinance or resolution adopted under this subsection (c). The
designated county official shall notify the county collector of the parcel
number and name of the property owner of property approved for relief.
(3) The ordinance or resolution may also direct the county collector to
give a credit against a special assessment or the extension of the general
corporate levy of the county for
the year following the year in which the disaster is declared to the owner of
property approved for relief in an amount equal to any interest penalty paid by
that owner on any specified installment or installments of tax due on that
property in the year the disaster is declared, if that interest penalty was
paid before the ordinance or resolution was adopted or before the postponed
delinquency dates.
(4) The ordinance or resolution may also direct the county collector to
refund any installment or installments, and any special assessment or
interest penalties thereon, of tax due, in the year the disaster is declared,
on property approved for relief, that have been paid by the holder of a
certificate of purchase for a prior year on that property.
(Source: P.A. 88-455; 88-518; 88-660, eff. 9-16-94; 89-89, eff. 6-30-95.)
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35 ILCS 200/21-45
(35 ILCS 200/21-45)
Sec. 21-45. Failure to issue tax bill in prior year. In the event no tax
bill was issued as provided in Section 21-30, on any property in any previous
year for any reason, one tax bill shall be prepared and mailed by July 1 of the
year subsequent to the year in which no tax bill was issued, and taxes on that
property for that year only shall bear interest after the first day of August
of that year. In counties with fewer than 3,000,000 inhabitants, interest shall accrue at the rate of 1 1/2% per month or portion thereof until paid or
forfeited. In counties with 3,000,000 or more inhabitants, if the taxes are for a tax year before tax year 2023, then interest shall accrue at the rate of 1.5% per month, or portion thereof, until paid or forfeited. In counties with 3,000,000 or more inhabitants, if the taxes are for the 2023 tax year or any tax year thereafter, then interest shall accrue at the rate of 0.75% per month, or portion thereof, until paid or forfeited.
(Source: P.A. 103-555, eff. 1-1-24 .)
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35 ILCS 200/21-50
(35 ILCS 200/21-50)
Sec. 21-50.
Annexations, disconnection or dissolution - Accelerated billing.
In the event any property becomes newly liable for taxes levied by any taxing
district because of an incorporation or annexation of the taxing district or
liability does not exist because of a disconnection of any area of the unit of
local government or school district or the dissolution thereof, each estimated
installment of property taxes provided for in Section 21-30 shall be computed
at 25% of the total of the tax bill for the property for the preceding year.
Taxes for which the property becomes newly liable or for which liability does
not exist for the property because of a disconnection of any area of, or the
dissolution of, any taxing district, shall be added to or subtracted from the
balance of taxes due for that year under Section 21-30.
(Source: P.A. 87-17; 88-455.)
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35 ILCS 200/21-55
(35 ILCS 200/21-55)
Sec. 21-55.
Cancellation of accelerated tax bill.
Any person may object to
an estimated tax bill under Section 21-30 on forms provided by the county
collector solely on the grounds that the estimate is based on (a) a tax bill
pertaining to any property which was divided subsequent to the time for
preparation of the collector's books in the year previous to the year the tax
bill on which the estimate is based became delinquent, or (b) the property is
no longer located within the corporate limits of any taxing district. Upon a
finding by the county collector that the protest is factually correct and that
tax bills for that property, or divisions thereof, have been or are being
prepared and will be mailed as otherwise provided in this Code, the county
collector shall mark the estimated bill and his or her books in an appropriate
manner and so inform the county clerk and the estimated tax bill shall be
cancelled. No payment of taxes shall be required prior to the filing of an
objection permitted by this Section.
(Source: P.A. 87-17; 88-455.)
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35 ILCS 200/21-60
(35 ILCS 200/21-60)
Sec. 21-60.
Refund of overpayment; accelerated billing.
In any county in
which the accelerated method of billing and paying taxes as provided for in
Section 21-30 is in effect, if a taxpayer has paid an amount on his or her
estimated tax bills which exceeds the total taxes for the year as shown on the
actual tax bill, the county collector shall refund the amount of the
overpayment to the person who paid the estimated installments.
When a payment in full satisfaction of a year's taxes has been made, but an
open balance is shown unpaid on the Warrant Book because of an over estimation
of the taxes in the estimated installments, the County Collector shall provide
for an appropriate entry in the Warrant Book to close the item.
(Source: P.A. 87-17; 88-455.)
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35 ILCS 200/Art. 21 Div. 2
(35 ILCS 200/Art. 21 Div. 2 heading)
Division 2.
Enforcement actions
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35 ILCS 200/21-70
(35 ILCS 200/21-70)
Sec. 21-70.
Lien - Payments by representative or agent.
When property is
assessed to any person as agent for another, or in a representative capacity,
the agent or representative shall have a lien on the property, or any property
of his or her principal in the agent's possession, until he or she is
indemnified against the payment thereof, or, if he or she has paid the tax,
until he or she is reimbursed for the payment.
(Source: Laws 1939, p. 886; P.A. 88-455.)
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35 ILCS 200/21-75
(35 ILCS 200/21-75)
Sec. 21-75.
Lien for taxes.
The taxes upon property, together with all
penalties, interests and costs that may accrue thereon, shall be a prior and
first lien on the property, superior to all other liens and encumbrances, from
and including the first day of January in the year in which the taxes are
levied until the taxes are paid or until the property is sold under this Code.
(a) Foreclosure - Property forfeited for 2 or more years. A lien may be
foreclosed, in the circuit court in the name of the People of the State of
Illinois, whenever the taxes for 2 or more years on the same description of
property have been forfeited to the State. The property may be sold under the
order of the court by the person having authority to receive County taxes, with
notice to interested parties and right of redemption from the sale, (except
that the interest or any other amount to be paid upon redemption in addition to
the amount for which the property was sold shall be as provided herein), as
provided in Sections 21-345 through 21-365 and 21-380, and in conformity with
Section 8 of Article IX of the Illinois Constitution.
In any action to foreclose the lien for delinquent taxes brought by the
People of the State of Illinois when the taxes for 2 or more years on the same
description of property have been forfeited to the State, service of process
shall be made in the manner now prescribed by law. All owners, parties
interested, and occupants of any property against which tax liens are sought to
be foreclosed shall be named as parties defendant, and shall be served in the
manner and form as provided by law for the service of defendants in
foreclosures of lien or encumbrances upon real estate. In case there are other
parties with ownership interests in the property, they shall be named in the
notice under the designation "unknown owners".
(b) Redemption interest. The interest to be paid upon redemption from all
tax foreclosure sales held under this Section shall be:
(1) If redeemed within 2 months from the date of the | | sale, 3% per month upon the amount for which the property was sold for each of the first 2 months, or fraction thereof;
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(2) If redeemed between 2 and 6 months from the date
| | of the sale, 12% of the amount of sale;
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(3) If redeemed between 6 and 12 months from the date
| | of the sale, 24% of the amount of sale;
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(4) If redeemed between 12 and 18 months from the
| | date of the sale, 36% of the amount of sale;
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(5) If redeemed between 18 and 24 months from the
| | date of the sale, 48% of the amount of sale;
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(6) If redeemed after 24 months from the date of
| | sale, the 48% for the 24 months plus interest at 6% per year thereafter.
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(c) Enforcement of lien from rents and profits. A lien under this Section
may be enforced at any time after 6 months from the day the tax becomes
delinquent out of the rents and profits of the land accruing, or accrued and
under the control or jurisdiction of a court. This process may be initiated by
the county board of the county or by the corporate authorities of any taxing
body entitled to receive any part of the delinquent tax, by petition in any
pending suit having jurisdiction of the land, or in any application for
judgment and order of sale of lands for delinquent taxes in which the land is
included, in the name of the People of the State of Illinois.
The process, practice and procedure under this subsection shall be the same
as provided in the Civil Practice Law and the Supreme Court Rules adopted in
relation to that Law, except that receivers may be appointed on not less than 3
days' written notice to owners of record or persons in possession. In all
petitions the court shall have power to appoint the county collector to take
possession of the property only for the purpose of collecting the rents, issues
and profits therefrom, and to apply them in satisfaction of the tax lien. When
the taxes set forth in the petition are paid in full, the receiver shall be
discharged. If the taxes described in the petition are reduced by the final
judgment of a court, the county collector shall immediately refund all moneys
collected by him or her as receiver over and above the taxes as reduced, and
shall deduct that amount from the moneys thereafter distributed to the taxing
bodies which received the tax revenue.
In proceedings to foreclose the tax lien, or in petitions to enforce the
lien, the amount due on the collector's books against the property shall be
prima facie evidence of the amount of taxes against the property. When any
taxes are collected, they shall be paid to the county collector, to be
distributed by him or her to the authorities entitled to them. All sales made
under this Section shall be conducted under the order and supervision of the
court by the county collector.
An action to foreclose the lien for delinquent taxes under this Code is an
action in rem.
(Source: P.A. 84-551; 88-455.)
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35 ILCS 200/21-80
(35 ILCS 200/21-80)
Sec. 21-80.
Preventing waste to property; receiver.
During the pendency of
any tax foreclosure proceeding and until the time to redeem the property sold
expires, or redemption is made, from any sale made under any judgment
foreclosing the lien of taxes, no waste shall be committed or suffered on any
of the property involved. The property shall be maintained in good condition
and repair. When violations of local building, health or safety codes make the
property dangerous or hazardous, when taxes on the property are delinquent for
2 years or more, or when in the judgment of the court it is to the best
interest of the parties, the court may, upon the verified petition of any party
to the proceeding, or the holder of the certificate of purchase, appoint a
receiver for the property with like powers and duties of receivers as in other
cases of foreclosure of mortgages or trust deeds. The court in its discretion,
may take any other action as may be necessary or desirable to prevent waste
and maintain the property in good condition and repair.
(Source: P.A. 85-795; 88-455.)
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35 ILCS 200/21-85
(35 ILCS 200/21-85)
Sec. 21-85.
No receiver for farm or homestead dwelling.
No receiver shall be
appointed under the provisions of Section 21-80 for property used for farming
or for property improved in whole or in part as a family dwelling and occupied
by the owner as a residence at the time the unpaid taxes became a lien and
continuously thereafter.
(Source: Laws 1939, p. 877; 88-455.)
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35 ILCS 200/21-90 (35 ILCS 200/21-90) Sec. 21-90. Purchase and sale by county; distribution of proceeds. (a) When any property is offered for sale under any of the provisions of this Code, the county board of the county in which the property is located, in its discretion, may bid, or, in the case of forfeited property, may apply to purchase it or otherwise acquire the tax lien or certificate in the name of the county as trustee for all taxing districts having an interest in the property's taxes or special assessments for the nonpayment of which the property is sold. The presiding officer of the county board, with the advice and consent of the board, may appoint on its behalf some officer, person, or entity to attend such sales, bid on tax liens or certificates, and act on behalf of the county when exercising its authority under this Section. The county shall apply on the bid or purchase the unpaid taxes and special assessments due upon the property. No cash need be paid. (b) The county, as trustee for all taxing districts having an interest in the property's taxes or special assessments, shall be the designated holder of all tax liens or certificates that are forfeited to the State or county. No cash need be paid for the forfeited tax lien or certificate. (c) For any tax lien or certificate acquired under subsection (a) or (b) of this Section, the county may take steps necessary to acquire title to the property and may manage and operate the property, including, but not limited to, mowing of grass, removal of nuisance greenery, removal of garbage, waste, debris or other materials, or the demolition, repair, or remediation of unsafe structures. When a county, or other taxing district within the county, is a petitioner for a tax deed, no filing fee shall be required. When a county or other taxing district within the county is the petitioner for a tax deed, one petition may be filed including all parcels that are tax delinquent within the county or taxing district, and any publication made under Section 22-20 of this Code may combine all such parcels within a single notice. The notice may include the street address as listed on the most recent available tax bills, if available, and shall list the Property Index Number of the parcels for informational purposes. The county, as tax creditor and as trustee for other tax creditors, or other taxing district within the county, shall not be required to allege and prove that all taxes and special assessments which become due and payable after the sale or forfeiture to the county have been paid nor shall the county be required to pay the subsequently accruing taxes or special assessments at any time. The county board or its designee may prohibit the county collector from including the property in the tax sale of one or more subsequent years. The lien of taxes and special assessments which become due and payable after a sale to a county shall merge in the fee title of the county, or other taxing district within the county, on the issuance of a deed. The county may sell any property acquired with authority provided in this Section, or assign any tax certificate to any party, including, but not limited to, taxing districts, municipalities, land banks created pursuant to Illinois law, or non-profit developers focused on constructing affordable housing. The assigned tax certificate shall be void with no further rights given to the assignee, including no right to refund or reimbursement, if a tax deed has not been recorded within 4 years after the date of the assignment unless a court extends the assignment period as provided in this Section. Upon a motion by the assignee, a court may toll the 4-year deadline for a specified period of time if the court finds the assignee is prevented from obtaining or recording a deed by injunction or order of any court, by the refusal or inability of any court to act upon the application for a tax deed, by a municipality's refusal to issue necessary transfer stamps or approvals for recording, or by the refusal of the clerk to execute the deed. If an assigned tax certificate is void under this Section, it shall be forfeited to the county and held as a valid certificate of sale in the county's name pursuant to this Section 21-90. The proceeds of any sale or assignment under this Section, less all costs of the county incurred in the acquisition, operation, maintenance, and sale of the property or assignment of the tax certificate, including all costs associated with county staff and overhead used to perform the duties of the trustee set forth in this Section, shall be distributed to the taxing districts in proportion to their respective interests therein. Under Sections 21-110, 21-115, 21-120, and 21-190, a county may bid or purchase only in the absence of other bidders. (Source: P.A. 102-363, eff. 1-1-22; 103-555, eff. 1-1-24 .) |
35 ILCS 200/21-95 (35 ILCS 200/21-95) Sec. 21-95. Tax abatement after acquisition by a governmental unit. When
any county, municipality, school district, forest preserve district, or park district acquires property through the foreclosure of a
lien, through
a
judicial deed, through the
foreclosure of receivership
certificate lien, or by acceptance of a deed of conveyance in lieu of
foreclosing any lien against the
property, or when a government unit acquires property under the Abandoned
Housing Rehabilitation Act or a blight reduction or abandoned property program administered by the Illinois Housing Development Authority, or when any county or other taxing district
acquires a deed for property under Section 21-90 or Sections 21-145 and 21-260,
or when any county, municipality, school district, forest preserve district, or park district acquires title to property that was to be transferred to that county, municipality, school district, forest preserve district, or park district under the terms of an annexation agreement, development agreement, donation agreement, plat of subdivision, or zoning ordinance by an entity that has been dissolved or is being dissolved or has been in bankruptcy proceedings or is in bankruptcy proceedings, all due or unpaid property taxes and existing liens for unpaid property taxes
imposed or pending under any law or ordinance of this State or any of its
political subdivisions shall become null and void. (Source: P.A. 100-314, eff. 8-24-17; 100-445, eff. 1-1-18; 100-863, eff. 8-14-18.) |
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