(35 ILCS 200/21-75)
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;
(2) If redeemed between 2 and 6 months from the date
of the sale, 12% of the amount of sale;
(3) If redeemed between 6 and 12 months from the date
of the sale, 24% of the amount of sale;
(4) If redeemed between 12 and 18 months from the
date of the sale, 36% of the amount of sale;
(5) If redeemed between 18 and 24 months from the
date of the sale, 48% of the amount of sale;
(6) If redeemed after 24 months from the date of
sale, the 48% for the 24 months plus interest at 6% per year thereafter.
(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.)