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Illinois Compiled Statutes
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REVENUE (35 ILCS 200/) Property Tax Code. 35 ILCS 200/21-252
(35 ILCS 200/21-252)
Sec. 21-252.
Index of tax sale records.
The county clerk may make an index
of tax-sale records. The index shall be kept in the county clerk's office as a
public record, open to inspection during office hours.
(Source: Laws 1939, p. 886; P.A. 88-455.)
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35 ILCS 200/21-253 (35 ILCS 200/21-253) Sec. 21-253. Annual tax sale postponed. Notwithstanding any other provision of law, in counties with less than 3,000,000 inhabitants, the annual tax sale that would ordinarily be held in calendar year 2020 shall be held no earlier than (i) 120 days after the effective date of this amendatory Act of the 101st General Assembly or (2) 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.) |
35 ILCS 200/21-255
(35 ILCS 200/21-255)
Sec. 21-255.
County clerk's books and records - Prima facie evidence.
The
books and records of the county clerk, or copies thereof, certified by the
clerk, shall be prima facie evidence to prove the sale of any property for
taxes or special assessments, the redemption of the property, or payment of
taxes or special assessments thereon.
(Source: Laws 1939, p. 886; P.A. 88-455.)
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35 ILCS 200/Art. 21 Div. 5
(35 ILCS 200/Art. 21 Div. 5 heading)
Division 5.
Scavenger sales; procedures
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35 ILCS 200/21-260
(35 ILCS 200/21-260)
Sec. 21-260. Collector's scavenger sale. Upon the county collector's
application under Section 21-145, to be known as the Scavenger Sale
Application, the Court shall enter judgment for the general taxes, special
taxes, special assessments, interest, penalties and costs as are included in
the advertisement and appear to be due thereon after allowing an opportunity to
object and a hearing upon the objections as provided in Section 21-175, and
order those properties sold by the County Collector at public sale, or by electronic automated sale if the collector chooses to conduct an electronic automated sale pursuant to Section 21-261, to the
highest bidder for cash, notwithstanding the bid may be less than the full
amount of taxes, special taxes, special assessments, interest, penalties and
costs for which judgment has been entered.
(a) Conducting the sale; bidding. All properties shall be offered for
sale in consecutive order as they appear in the delinquent list. The minimum
bid for any property shall be $250 or one-half of the tax if the total
liability is less than $500. For in-person scavenger sales, the successful bidder shall pay the
amount of the minimum bid to the County Collector by the end of the business day on which the bid was placed. That amount shall be paid in cash, by certified or
cashier's check, by money order, or, if the
successful bidder is a governmental unit, by a check issued by that
governmental unit. For electronic automated scavenger sales, the successful bidder shall pay the minimum bid amount by the close of the business day on which the bid was placed. That amount shall be paid online via ACH debit or by the electronic payment method required by the county collector. For in-person scavenger sales, if the bid exceeds the minimum bid, the
successful bidder shall pay the balance of the bid to the county collector in
cash, by certified or cashier's check, by money order, or, if the
successful bidder is a governmental unit, by a check issued by that
governmental unit
by the close of the
next business day. For electronic automated scavenger sales, the successful bidder shall pay, by the close of the next business day, the balance of the bid online via ACH debit or by the electronic payment method required by the county collector. If the minimum bid is not paid at the time of sale or if
the balance is not paid by the close of the next business day, then the sale is
void and the minimum bid, if paid, is forfeited to the county general fund. In
that event, the property shall be reoffered for sale within 30 days of the last
offering of property in regular order. The collector shall make available to
the public a list of all properties to be included in any reoffering due to the
voiding of the original sale. The collector is not required to serve or
publish any other notice of the reoffering of those properties. In the event
that any of the properties are not sold upon reoffering, or are sold for less
than the amount of the original voided sale, the original bidder who failed to
pay the bid amount shall remain liable for the unpaid balance of the bid in an
action under Section 21-240. Liability shall not be reduced where the bidder
upon reoffering also fails to pay the bid amount, and in that event both
bidders shall remain liable for the unpaid balance of their respective bids. A
sale of properties under this Section shall not be final until confirmed by the
court.
(b) Confirmation of sales. The county collector shall file his or her
report of sale in the court within 30 days of the date of sale of each
property. No notice of the county collector's application to confirm the sales
shall be required except as prescribed by rule of the court. Upon
confirmation, except in cases where the sale becomes void under Section 22-85,
or in cases where the order of confirmation is vacated by the court, a sale
under this Section shall extinguish the in rem lien of the general taxes,
special taxes and special assessments for which judgment has been entered and a
redemption shall not revive the lien. Confirmation of the sale shall in no
event affect the owner's personal liability to pay the taxes, interest and
penalties as provided in this Code or prevent institution of a proceeding under
Section 21-440 to collect any amount that may remain
due after the sale.
(c) Issuance of tax sale certificates. Upon confirmation of the sale, the
County Clerk and the County Collector shall issue to the purchaser a
certificate of purchase in the form prescribed by Section 21-250 as near as may
be. A certificate of purchase shall not be issued to any person who is
ineligible to bid at the sale or to receive a certificate of purchase under
Section 21-265.
(d) Scavenger Tax Judgment, Sale and Redemption Record; sale of
parcels not sold. The county collector shall prepare a Scavenger Tax Judgment,
Sale and Redemption Record. The county clerk shall write or stamp on the
scavenger tax judgment, sale, forfeiture and redemption record opposite the
description of any property offered for sale and not sold, or not confirmed for
any reason, the words "offered but not sold". The properties which are offered
for sale under this Section and not sold or not confirmed shall be offered for
sale annually thereafter in the manner provided in this Section until sold,
except in the case of mineral rights, which after 10 consecutive years of
being offered for sale under this Section and not sold or confirmed shall
no longer be required to be offered for sale. At
any time between annual sales the County Collector may advertise for sale any
properties subject to sale under judgments for sale previously entered under
this Section and not executed for any reason. The advertisement and sale shall
be regulated by the provisions of this Code as far as applicable.
(e) Proceeding to tax deed. The owner of the certificate of purchase shall
give notice as required by Sections 22-5 through 22-30, and may extend the
period of redemption as provided by Section 21-385. At any time within 6 months
prior to expiration of the period of redemption from a sale under this Code,
the owner of a certificate of purchase may file a petition and may obtain a tax
deed under Sections 22-30 through 22-55. All proceedings for the issuance of
a tax deed and all tax deeds for properties sold under this Section shall be
subject to Sections 22-30 through 22-55. Deeds issued under this Section are
subject to Section 22-70. This Section shall be liberally construed so that the deeds provided for in this Section convey merchantable title.
(f) Redemptions from scavenger sales. Redemptions may be made from sales
under this Section in the same manner and upon the same terms and conditions as
redemptions from sales made under the County Collector's annual application for
judgment and order of sale, except that in lieu of penalty the person redeeming
shall pay interest as follows if the sale occurs before September 9, 1993:
(1) If redeemed within the first 2 months from the | | date of the sale, 3% per month or portion thereof upon the amount for which the property was sold;
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(2) If redeemed between 2 and 6 months from the date
| | of the sale, 12% of the amount for which the property was sold;
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(3) If redeemed between 6 and 12 months from the date
| | of the sale, 24% of the amount for which the property was sold;
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(4) If redeemed between 12 and 18 months from the
| | date of the sale, 36% of the amount for which the property was sold;
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(5) If redeemed between 18 and 24 months from the
| | date of the sale, 48% of the amount for which the property was sold;
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(6) If redeemed after 24 months from the date of
| | sale, the 48% herein provided together with interest at 6% per year thereafter.
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If the sale occurs on or after September 9,
1993, the person redeeming shall pay interest on that part of the amount for
which the property was sold equal to or less than the full amount of delinquent
taxes, special assessments, penalties, interest, and costs, included in the
judgment and order of sale as follows:
(1) If redeemed within the first 2 months from the
| | date of the sale, 3% per month upon the amount of taxes, special assessments, penalties, interest, and costs due for each of the first 2 months, or fraction thereof.
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(2) If redeemed at any time between 2 and 6 months
| | from the date of the sale, 12% of the amount of taxes, special assessments, penalties, interest, and costs due.
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(3) If redeemed at any time between 6 and 12 months
| | from the date of the sale, 24% of the amount of taxes, special assessments, penalties, interest, and costs due.
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(4) If redeemed at any time between 12 and 18 months
| | from the date of the sale, 36% of the amount of taxes, special assessments, penalties, interest, and costs due.
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(5) If redeemed at any time between 18 and 24 months
| | from the date of the sale, 48% of the amount of taxes, special assessments, penalties, interest, and costs due.
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(6) If redeemed after 24 months from the date of
| | sale, the 48% provided for the 24 months together with interest at 6% per annum thereafter on the amount of taxes, special assessments, penalties, interest, and costs due.
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The person redeeming shall not be required to pay any interest on any part
of the amount for which the property was sold that exceeds the full amount of
delinquent taxes, special assessments, penalties, interest, and costs included
in the judgment and order of sale.
Notwithstanding any other provision of this Section, except for
owner-occupied single family residential units which are condominium units,
cooperative units or dwellings, the amount required to be paid for redemption
shall also include an amount equal to all delinquent taxes on the property
which taxes were delinquent at the time of sale. The delinquent taxes shall be
apportioned by the county collector among the taxing districts in which the
property is situated in accordance with law. In the event that all moneys
received from any sale held under this Section exceed an amount equal to all
delinquent taxes on the property sold, which taxes were delinquent at the time
of sale, together with all publication and other costs associated with the
sale, then, upon redemption, the County Collector and the County Clerk shall
apply the excess amount to the cost of redemption.
(g) Bidding by county or other taxing districts. Any taxing district may
bid at a scavenger sale. The county board of the county in which properties
offered for sale under this Section are located may bid as trustee for all
taxing districts having an interest in the taxes for the nonpayment of which
the parcels are offered. The County shall apply on the bid the unpaid taxes due
upon the property and no cash need be paid. The County or other taxing district
acquiring a tax sale certificate shall take all steps necessary to acquire
title to the property and may manage and operate the property so acquired.
When a county, or other taxing district within the county, is a petitioner
for a tax deed, no filing fee shall be required on the petition. The county as
a 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 to the county
have been paid. The county shall not be required to pay the subsequently
accruing taxes or special assessments at any time. Upon the written request of
the county board or its designee, the county collector shall not offer the
property for sale at any tax sale subsequent to the sale of the property to the
county under this Section. 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, on the issuance of a deed. The County may
sell the properties so acquired, or the certificate of purchase thereto, and
the proceeds of the sale shall be distributed to the taxing districts in
proportion to their respective interests therein. The presiding officer of the
county board, with the advice and consent of the County Board, may appoint some
officer or person to attend scavenger sales and bid on its behalf.
(h) Miscellaneous provisions. In the event that the tract of land or lot
sold at any such sale is not redeemed within the time permitted by law and a
tax deed is issued, all moneys that may be received from the sale of
properties in excess of the delinquent taxes, together with all publication
and other costs associated with the sale,
shall, upon petition of any interested party to the court that issued the tax
deed, be distributed by the County Collector pursuant to order of the court
among the persons having legal or equitable interests in the property according
to the fair value of their interests in the tract or lot. Section 21-415 does
not apply to properties sold under this Section.
Appeals may be taken from the orders and judgments entered under this Section
as in other civil cases. The remedy herein provided is in addition to other
remedies for the collection of delinquent taxes.
(i) 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).
(j) The changes to this Section made by this amendatory Act of the 102nd General Assembly apply to matters in which a petition for tax deed is filed on or after the effective date of this amendatory Act of the 102nd General Assembly. Failure of any party or any public official to comply with the changes made to this Section by Public Act 102-528 does not invalidate any tax deed issued prior to the effective date of this amendatory Act of the 102nd General Assembly.
(Source: P.A. 102-519, eff. 8-20-21; 102-528, eff. 1-1-22; 102-813, eff. 5-13-22; 102-1003, eff. 5-27-22.)
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35 ILCS 200/21-261 (35 ILCS 200/21-261) Sec. 21-261. Scavenger sale automation. Beginning in calendar year 2021, for every scavenger sale held pursuant to Section 21-260 of this Code, the county collector may employ any electronic automated means that the collector deems appropriate, provided that any electronic automated bidding system so used shall be programmed to accept the highest cash bid made by an eligible tax purchaser. If the county collector conducts the scavenger sale using an electronic automated bidding system, no personal attendance by bidders will be required at the scavenger sale. If automated means are used, all hardware and software used with respect to those automated means must be certified by the Department and re-certified by the Department every 5 years.
(Source: P.A. 102-519, eff. 8-20-21.) |
35 ILCS 200/21-265
(35 ILCS 200/21-265)
Sec. 21-265. Scavenger sale; persons ineligible to bid or purchase. No person, except a unit of local government, shall be eligible to bid
or receive a certificate of purchase at any sale under Section 21-260 unless
that person has completed and delivered to the county clerk a true, accurate
and complete application for certificate of purchase which shall affirm that:
(1) the person has not bid upon or applied to | | purchase any property at the sale for a person who is the party or agent of the party who owns the property or is responsible for the payment of the delinquent taxes;
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(2) the person is not, nor is he or she the agent
| | for, the owner or party responsible for payment of the general taxes on any property which is located in the same county in which the sale is held and which is tax delinquent or forfeited for all or any part of each of 2 or more years, excepting any year for which a certificate of error issued under Sections 14-15, 14-20, and 14-25 is pending for adjudication; and
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(3) the person, although otherwise eligible to bid,
| | has not either directly or through an agent twice during the same sale failed to complete a purchase by the immediate payment of the minimum bid or the payment of the balance of a bid within the time provided by Section 21-260.
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(Source: P.A. 100-863, eff. 8-14-18.)
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35 ILCS 200/21-270
(35 ILCS 200/21-270)
Sec. 21-270.
Scavenger sale registration.
No person, except a unit of local
government, shall be eligible to bid or to receive a certificate of purchase
who did not register with the county collector at least 5 business days in
advance of the first day of the sale under Section 21-260. The collector may
charge, for each registration, a fee of not more than $50 in counties with less
than 3,000,000 inhabitants and not more than $100 in counties of 3,000,000 or
more inhabitants. Registration shall be made upon such forms and according to
such regulations as the county collector deems necessary in order to effect
complete and accurate disclosure of the identity of all persons beneficially
interested, directly or indirectly, in each sale under Section 21-260. The
information to be disclosed shall include, but not be limited to, the name,
address and telephone number of the purchaser to whom the clerk and collector
will be requested to issue a certificate of purchase; if the purchaser is a
corporation, the place of incorporation and the names and addresses of its
shareholders unless the corporation is publicly held; if the purchaser is a
partnership, the names and addresses of all general and limited partners; if
the purchaser is doing business under an assumed business name, the county
where such name is registered and the names, addresses and telephone numbers of
all persons having an ownership interest in the business; and the identity and
location of any other tax delinquent property owned by the bidder and
purchaser.
Every application for certificate of purchase and form for registration
authorized and required by this Section and Section 21-275 shall be executed
under penalty of perjury as though under oath or affirmation, but no
acknowledgement is required.
(Source: P.A. 86-949; 87-669; 88-455.)
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35 ILCS 200/21-275
(35 ILCS 200/21-275)
Sec. 21-275.
Scavenger sale; application for certificate of purchase.
The application for certificate of purchase shall be executed by the
purchaser and by any individual bidder acting in the purchaser's behalf.
The application shall be initially executed and delivered to the county
clerk at the time of registration for the sale as provided in this Section.
Before receiving any certificate of purchase, each purchaser and
individual bidder acting in the purchaser's behalf shall sign and deliver
to the county clerk a schedule or schedules of the properties
for which that purchaser has successfully bid and is applying to purchase,
which schedule(s) shall be attached to and incorporated within the
application. The schedule(s) shall be accompanied by a fee, for each
property listed, of $10 in counties with less than 3,000,000 inhabitants and
$20 in counties with 3,000,000 or more inhabitants. The application and
schedule(s) shall be in substantially the following form:
APPLICATION FOR CERTIFICATE OF PURCHASE
Date of Application: ............... Name of Purchaser: ................. Address: ........................... Name of Bidder: .................... Address: ...........................
I (we) hereby apply to the County Clerk and County Treasurer of .....
County for issuance of a certificate of purchase for each of the properties
on the attached schedule(s), and state as follows:
1. I (we) made (or authorized) the successful bid on each property listed on
the attached schedule(s) at the sale of delinquent properties under Section
21-260 of the Property Tax Code conducted by the County Treasurer
of ..... County, Illinois, on the dates indicated for each property on the
schedule(s).
2. At least 5 business days before the first day of this sale, I (we)
submitted a truthful, accurate and complete registration to the Treasurer of
..... County on the form(s) and according to the regulations prescribed by
the Treasurer's office.
3. Neither I (we) nor any person or firm identified in the registration
submitted to the Treasurer of ..... County was an owner or agent of an
owner, mortgagee or agent of a mortgagee, lienholder or agent of a
lienholder, holder of beneficial interest or agent of a holder of a
beneficial interest in or of any property identified on the schedule(s)
attached to this application on January 1st of any years for which taxes
were delinquent at the time of my (our) bid(s) described in the schedule(s).
4. Neither I (we) nor any person or firm identified in the registration
submitted to the Treasurer of ..... County was an owner or agent of an
owner, mortgagee or agent of a mortgagee, lienholder or agent of a
lienholder, holder of a beneficial interest or agent of a holder of a
beneficial interest in or of the property identified on the schedule(s)
attached to this application at the time of the bid(s) described in the
schedule.
5. Neither I (we) nor any person or firm identified in the registration
submitted to the Treasurer of ..... County was an owner or agent for an
owner, or party or agent for a party responsible for the payment of
delinquent taxes, on any property in the county which was tax delinquent or
forfeited for all or any part of each of 2 or more years when the registration
was submitted.
6. Neither I (we) nor any person acting in my (our) behalf has twice
failed to complete a purchase at the sale during which the properties on
the attached schedule(s) were offered by failing to immediately pay a
minimum bid or by failing to pay the balance of a bid for any property
within one business day thereafter.
I (we) hereby affirm that I (we) have read this application and that the
statements made in it are personally known by me (us) to be true, accurate
and complete, under penalty of perjury as provided by law.
I (we) further understand that this application shall be void unless the
schedule(s) of properties referred to in the application is (are) completed
and delivered to the County Clerk.
........................
Dated: .............. (Signature of Purchaser) ........................
Dated: .............. (Signature of Bidder)
SCHEDULE OF PROPERTIES
Permanent Index Number
Date of Bid (insert number)
(insert date)
I (we) hereby affirm that I (we) successfully bid upon the above
properties at the sale conducted by the County Treasurer of ..... County on
the indicated dates, and I (we) request that the County Clerk of .....
County attach this schedule to my (our) application for certificate of
purchase dated ......
Signed under penalty of perjury as provided by law:
........................
Dated: .............. (Signature of Purchaser) ........................
Dated: .............. (Signature of Bidder)
(Source: P.A. 86-949; 87-669; 88-455.)
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35 ILCS 200/21-280
(35 ILCS 200/21-280)
Sec. 21-280.
Scavenger sale; ineligible bid; liability.
(a) Any person who is ineligible under Section 21-265 to bid or to receive a
certificate of purchase from a sale under Section 21-260, who nevertheless
registers to bid or bids or receives or acquires ownership of a certificate of
purchase from a sale, and any person who registers to bid or bids at a sale on
behalf of an ineligible person, shall be personally liable, jointly and
severally, in a sum equal to the full amount of delinquent or forfeited general
taxes, special taxes or special assessments, interest, penalties, and costs for
which the judgment for sale under Section 21-260 was entered. The liability
provided by this Section shall be in addition to the liability for the general
taxes imposed by Section 9-175 through 9-185 and shall not be offset by
any other payment of the taxes.
(b) The state's attorney of the county in which the sale under Section
21-260 was conducted may bring an action in the name of the People of the State
of Illinois against the person and, upon a finding of liability under this
Section, the court shall enter judgment against the person in a sum equal to
the full amount of delinquent or forfeited general taxes, special taxes or
special assessments, interest, penalties, and costs for which judgment for sale
under Section 21-260 was entered, together with the costs of the action and
reasonable attorney's fees. The proceeds of any judgment under this Section
shall be paid into the county general fund.
(Source: P.A. 86-949; 88-455.)
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35 ILCS 200/21-285
(35 ILCS 200/21-285)
Sec. 21-285.
Tax scavenger sale fraud; definitions.
For purposes of Section
21-290:
(1) "Ownership interest" means any title or other | | interest in property, including without limitation any beneficial interest in a land trust, the holder of which is considered to be the owner of the property for purposes of taxation under Section 9-175.
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(2) "Nonownership interest" means any interest in
| | real property other than a contingent interest and other than an ownership interest as defined in this Section, including without limitation a mortgage, equitable mortgage or other interest in the nature of a mortgage, leasehold, easement, or lien.
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(3) "Real property" has the same meaning as defined
| | in Section 1-130, and includes leasehold estates subject to taxation as property under Section 9-195.
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(4) "Beneficial interest" and "land trust" have the
| | meanings given to those terms in the Land Trust Beneficial Interest Disclosure Act.
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(Source: P.A. 86-949; 88-455.)
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35 ILCS 200/21-290
(35 ILCS 200/21-290)
Sec. 21-290.
Offense of scavenger sale fraud.
A person commits the offense
of tax sale fraud who knowingly:
(a) enters a bid or authorizes or procures the entry | | of a bid on any property offered for sale under Section 21-260, when the person in whose behalf the bid is made or authorized or procured has an ownership interest or nonownership interest in the property, or where that person had such an interest on January 1 of any year for which delinquent taxes were included within the judgment for sale under Section 21-260;
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(b) acquires, or attempts to acquire, ownership of
| | any certificate of purchase for property sold under Section 21-260, when the person in whose behalf such certificate of purchase is or would be acquired has an ownership interest or nonownership interest in the property, or where that person had that interest on January 1 of any year for which delinquent taxes were included within the judgment for sale under Section 21-260;
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(c) conveys or assigns any certificate of purchase
| | for property sold under Section 21-260 to any person who has an ownership interest or nonownership interest in the property, or who had that interest on January 1 of any year for which delinquent taxes were included within the judgment for sale under Section 21-260;
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(d) makes a false statement in any application for
| | certificate of purchase or registration form submitted under Sections 21-270 and 21-275; or
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(e) forfeits 2 or more bids at any one sale under
| | Section 21-260 by failing to pay the minimum cash bid timely or by failing to pay the balance of the bid timely as required by Section 21-260.
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Tax sale fraud is a Class A misdemeanor. A subsequent conviction for tax
sale fraud as defined in subsections (a) through (d) of this Section is a Class
4 felony.
(Source: P.A. 86-949; 88-455.)
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