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Illinois Tax Lien/Tax Sale Info
Cook County
This is the sale of the unpaid taxes some time after the second installment becomes delinquent.
Each annual sale offers the delinquent general taxes and delinquent special assessments submitted
by taxing bodies for collection at the sale. For taxes offered at the sale, all prior
delinquencies will be added to the current delinquency.
After delinquency lists are prepared for newspaper publication and final notices are sent by certified mail,
payments must be made by certified check, cashier's check or money order.
Personal and business checks are not
accepted after the delinquencies have been published in area newspapers and final notices have been sent by
certified mail, and cash is accepted only in person at the Treasurer's Office.
At a tax sale, the delinquent taxes are sold, not the properties. The delinquencies are liens on
the properties to secure payment. A tax purchaser pays the taxes and receives a lien on the
property. If the taxpayer does not pay the delinquent taxes, however, after a statutory period of
time and after complying with a number of statutory requirements, the tax purchaser may petition
the court for a tax deed. If the petition is granted, the tax purchaser will own the property.
It is important to remember that so long as the property owner redeems taxes, or if the tax sale is set
aside as a sale in error, the purchaser has no right to the property. It is only in the event that the
taxes go unredeemed and the sale is not set aside, that the purchaser can file for a deed to the property
Under Illinois law, the penalty for late payments is 1.5% per month.
Be sure to refer to the schedule on the front of the tax bill to send only the one correct amount
based on when you pay in person or based on the U.S. postmark if submitting payment by mail.
All properties must be offered in the order that they appear on the delinquent tax list by volume and PIN.
The annual tax sale–legally mandated and governed by state law–is part of the Illinois property tax system.
In Illinois, the property tax is the single largest source of local taxes. Selling taxes helps the various
taxing bodies (schools, villages, parks, townships, libraries, public health and safety agencies, etc.) meet
their financial commitments. For property owners, the financial consequence of having property taxes sold
generally exceeds the cost of paying the tax. If a property owner’s taxes are sold, fees and costs rise
substantially. The combination of the high cost of redemption and the potential of losing property is the
enforcement mechanism that Illinois employs—and that other states employ with similar methods. If taxes are
sold, the taxing agencies receive the full amount of taxes due from the successful tax purchaser, plus county
penalties and a number of county fees that have been established by state law for meeting the costs of conducting
tax sales. The delinquent tax portion of the money is distributed to local taxing bodies and is available for
their budgetary needs. When taxpayers eventually redeem taxes, their funds reimburse the tax purchasers. If
the taxpayer fails to redeem, the certificate of tax purchase may be used to seek a tax deed or can be sold
to another party who may pursue a tax deed.
There are a number of required steps leading up to the annual tax sale:
(1) The Treasurer publishes the delinquency lists in various newspapers.
(2) The published notice provides information as to when the Treasurer will apply to the Circuit Court for judgment to begin a tax sale. The published notice also contains the date, time and place the Treasurer plans to hold the sale.
(3) The Treasurer makes application to the Circuit Court for judgment and order of sale.
(4) The Court rules on any objections, and then orders the sale to commence on the date previously published, or within 5 business days of that date.
The Treasurer's Office runs the annual tax sale. The Clerk's Office also has an official role in
recording the transactions in the Annual Tax Judgment, Sale, Redemption and Forfeiture Record.
The Clerk's Office has the primary role in post-sale activities relating to notice of sale, tax
searches, payment of other delinquencies, and all of the steps leading up to a petition for tax
deed.
The Tax Sale Department reviews the list in an attempt to remove, prior to the sale date, all
PINs that should not be sold. That list includes, but is not limited to properties: that are
exempt; that have taxes paid but there is a transfer or other correction pending; that are being
acquired by municipalities; that are subject to federal forfeitures; etc. In addition to the
above, the County Clerk gives notice to the Treasurer of all properties which were subject of
“no cash” bids by Cook County on its own behalf, or on behalf of a taxing body at the scavenger
sale or during the year. These will be removed from the annual sale list.
A tax purchaser is a registered and qualified bidder at the tax sale, and is the legal entity to
which Certificates of Purchase will be issued on successful bids. Registered tax purchasers can
be a partnership, a limited liability partnership (LLP), a corporation (LLC), a charitable
organization (501(c)(3)), or an individual.
Property owners may pay “in person or by agent … at any time before sale.”
It is safest and recommended for taxpayers to pay delinquent taxes prior to the start of the annual tax sale.
If payment is submitted by mail, it must bear a U.S. postmark of at least the day before the sale of their PIN, not the day of the sale.
During the sale, payment can only be made in the Treasurer’s downtown and open satellite offices. This is to make sure that real-time programs are allowed to prevent the auctioneer from letting a sale proceed.
State law requires only that it occur after the Second Installment becomes delinquent.
Unlike most other auctions (and the scavenger sale), the annual sale is a strange auction because
bids are not made in cash amounts and taxes are not sold to the highest bidder. The bidding
process is designed to ensure that taxpayer/owners will be able to redeem their taxes at the
lowest possible interest rate. When a taxpayer redeems their taxes from a tax purchaser, they pay
the amount paid by the tax purchaser at the sale, plus interest. At the annual tax sale, it is on
this rate of interest that tax purchasers bid. The person who bids the lowest rate of interest
(between 0% and 18%) will win a bid. The amount of money to be paid for the lien on taxes is not
in question at the annual tax sale: the tax purchaser must always pay the entirety of the
delinquent taxes, along with costs and interest.
Tax purchasers can register at the Treasurer’s Office, in the Tax Sale Department. Registration
begins approximately thirty days before the sale commences.
The Scavenger Sale Registration for the sale will begin at 9:00 a.m. on November 14, 2005
and will end at 4:00 p.m. on December 15, 2005. There is a non-refundable $100 Registration
Fee required for each buyer to participate in the Scavenger Sale. The certified or cash funds
is strictly for registration and will not be applied to any successful bids.
In order to register for the annual sale, tax purchasers must present the Tax Sale Department with
the following at least 10 business days before they plan to bid on a property:
(1) a signed acknowledgment of receipt of the rules and regulations;
(2) a signed acknowledgment of the “Single, Simultaneous Related Bidding Entity” rule;
(3) application form
(4) legible copy of a photo ID for each bidder
(5) deposit of collateral
(6) a W-9 form filled out by the tax purchaser
(7) any additional requirements per the final rules issued during registration
There is a “Single, Simultaneous, Related Bidding Entry” rule that prohibits related bidding
entities from simultaneously participating in the sale. The reason for this is so that the same
entity does not have two or more bidders at the same time, thus increasing the likelihood of its
obtaining a parcel in the auction. Essentially, a related bidding entity is a tax purchaser (
of any of the above types) who has an ownership interest or contractual relationship with any
other registrant at the tax sale. The determination of whether registered entities are related is
at the sole and exclusive discretion of the Cook County Treasurer. Related entities may register
for the Tax Sale, but may not be bidding at the same time. This means, for enforcement purposes,
that both may not be present at the sale at the same time. At the time of registration, the tax
purchaser, or their authorized agent, must affirm their adherence to the above rule, under
penalty of perjury.
The County Officer Property Sale Act prohibits Cook County employees, their employees, their
relatives (spouse or child), and their representatives from all tax sales: “No county officer,
and no person employed by, or who is a relative or representative of, any county officer in the
State of Illinois, while in office or holding office or while in such office or employment, shall
have, possess or acquire any pecuniary interest, directly, indirectly or beneficially, or by any
derivative process, in any real estate tax forfeiture or foreclosure in the county in which such
county officer presides, other than the fee provided by law for the official duties of any such
county officer in such proceedings. For purposes of this Section "relative" shall be defined as a
spouse or child, or the spouse of a child, including a child by adoption.” Violation of this
provision is a class B misdemeanor. Aside from these restrictions, and the restrictions naturally
implied by the registration process (e.g., the sale is restricted to people who have completed
applications and deposited collateral within the appropriate time frame), bidding is relatively
unrestricted.
A deposit of collateral of at least 150% of the total amount that the tax purchaser will bid on a
given day is required. This collateral must be submitted ten days before the tax purchaser plans
to bid. Because of past experience where prospective bidders put up very small amounts of
collateral, and easily exceed the limits on a single bid, the registration materials have been
altered to provide a table showing approximately how far collateral amounts will go once costs and
penalties are added to a bid. This collateral can be in the form of an unconditional letter of
credit, a cashier’s or certified check, a money order, or an unconditional surety bond. Cash is
not accepted. If a tax purchaser bids in excess of one-third of the collateral that it has posted
on any given day, the tax purchaser is disqualified from further bidding on that day, and until
all purchases are paid.
Collateral can be increased after the initial collateral has been deposited. This increase,
however, may not be utilized by the tax purchaser as collateral until ten business days after
it is deposited.
No, collateral is meant as security. However, yes, if the buyer is in default. If a buyer defaults,
the amount of the purchase, taxes, penalties, interest and sale costs, may be taken out of the
collateral. The buyer will be barred from the remainder of the sale. If the collateral is
sufficient to cover all the costs of a purchase, the buyer may obtain the certificate of
purchase for the property. If not, the buyer will remain personally liable for the difference
and may be sued for that amount.
No. A bidder may bid only for a single entity at any particular tax sale.
Each tax purchaser can have up to four individuals bidding for them. Each of these bidders must be
registered under the aegis of the primary tax buying entity.
The tax purchaser does not have to purchase the subsequent taxes. It is necessary to do so,
however, in order to proceed to tax deed.
In order to receive the certificate of purchase, the tax purchaser must pay for two things:
(1) The taxes, penalties, and any fees associated with the annual sale purchase. These must be paid
before the close of business on the business day following the sale; and,
(2) Any other delinquent taxes, penalties, and fees as uncovered by the Cook County Clerk in a search
conducted after the actual purchase. This payment must be made within 10 days of the Clerk providing
the information, or an extended period.
Each annual sale purchase carries the following costs:
(1) Publication cost of $10;
(2) Certificate cost of $10;
(3) Automation Fund fee of $10;
(4) Sale in Error Fund fee of $100;
(5) Indemnity Fund fee of $80 plus 5% of the total amount paid (this 5% is temporary; it will only be charged through December 31, 2006);
(6) Clerk’s tax search of $32; and,
(7) any additional fees due to changes in county ordinances, state law or court rulings.
Once a bid has been entered in the annual sale, the tax purchaser who entered it is personally
liable for the payment of taxes, penalties and costs as published. The sale is not valid until
payment has been made. If the initial payment for the sale is not completed, the county has a
number of remedies:
(1) The Collector may without notice draw upon the tax purchaser’s collateral in the event payment of
the amount due together with interest and costs thereon is not made when required; and
(2) The State’s Attorney can be requested to bring an action on behalf of the People of Illinois
against the tax purchaser for all amounts due.
If the payment is not made within this time frame, the sale is void and the certificate of
purchase will not be issued. While non-payment causes the voiding of the sale, the initial money
paid is not returned to the purchaser, unless there is a sale in error. Instead, the monies are
distributed to taxing bodies. The tax purchaser will retain a lien on the property for the amount
actually paid at 5% interest. In order to redeem the property or sell it, this lien must be paid.
The only exception to that is when the property is acquired by no cash bid at a sale for
delinquent special assessments.
Delinquent property taxes that are offered at the annual sale without being sold are forfeited to
the State of Illinois. A tax forfeiture does not actually change the legal status of the parcel;
it merely signifies that the tax lien remains with Cook County. When taxes are forfeited, they are
recorded in the Tax Judgment Record as such by the County Clerk. Once taxes are forfeited there
are a number of alternative scenarios. To begin, there is no limit on how long taxes can remain
forfeited; if none of the following occur, the forfeiture can remain in the Tax Judgment Record
for up to twenty years. After twenty years, it will be deemed uncollectible, extinguishing the
liability. The delinquent tax lien can be removed in a number of ways. The forfeiture can be
redeemed by the property owner; the forfeiture can be redeemed by a tax purchaser who holds a
lien on another year’s taxes or a portion of another year’s taxes on the same PIN; the forfeiture
can be purchased “over the counter” by a tax purchaser; or the County could make a no cash bid on
the taxes. In addition, if there are open or forfeited taxes in two or more years on the same
PIN, all of the delinquent taxes on the PIN may be entered for judgment and order of sale at the
scavenger sale. Section 21-145.
Illinois law permits counties, and any of their taxing districts, to enter “no-cash” bids on any
property that has delinquent taxes, or has been forfeited in two or more years. No-cash bids are
made both over the counter in the Clerk’s Office and in connection with the Scavenger Sale.
Property is acquired by governmental bodies in this fashion for public use, or for redevelopment.
If taxes become delinquent in years after the County’s no-cash bid, but before the County has
gone to deed on the property, those taxes could be sold at a tax sale to tax purchaser.
Because the property will be exempt and all delinquencies eliminated when the County goes to deed,
any sale of subsequent taxes to a tax purchaser would necessarily have to be processed as a sale in
error. By taking the parcel off the sale list, it ensures that the County may receive its tax deed
without unnecessary complications and without risk of having to pay interest on a vacated tax sale.
Information provided courtesy of Cook County Treasurer
Will County
Annual Tax Sale
In order to participate in the annual delinquent tax sale as a tax investor, please read the
following:
- Refer to Illinois State Statutes, Chapter 35.
- Register in writing 10 working days prior to tax sale with the County Treasurer's Office.
Contact the Treasurer's Office for the exact date and registration form.
- A delinquent tax sale list/diskette will be made available. Contact the Treasurer's Office regarding date and costs.
- Delinquent tax sale listings are also published in local newspapers throughout the county.
- Tax sale is held at the end of the tax cycle (typically November). The tax sale this year's will begin November 7, 2005. Sale hours are 9:30 a.m. to 4:00 p.m.
- Subsequent taxes may be paid in the Collector's Office three weeks after the second installment due date.
Additional information may be obtained by contacting the Treasurer's Office, 302 N Chicago St., Joliet IL 60432-4059. (815-740-4675).
What it is date and time of your tax sale?
Tax sale is usually held in November. This year's tax sale will begin November 7, 2005. This date may fluctuate from tax year to tax year. The tax sale usually lasts three days.
How often do you hold tax sales?
Tax sale is held one time per year
What is the bidding process?
The bids start at 18%. The lowest bid is accepted. The bid is a 6 month interest rate.
What type of document is issued at the tax sale?
Tax sale certificates are issued at the time of payment.
What happens to the parcels that are not sold at the tax sale? May they be purchased from the county?
All unpaid taxes are sold at the annual tax sale. All taxes which are not purchased by tax buyers are sold to the Will County Trustee, Joseph Meyer. Contact the Trustee's Office for assignment purchases. 1-800-248-2850.
Do you allow investors to participate in the tax sale without attending the sale via mail, telephone or FAX?
No.
May I send a representative to the sale to bid for me?
Yes, all bidders must be listed on the registration letter.
Does your county hold a deed sale in addition to a tax sale?
The county holds an auction each year which is part of the Delinquent Real Estate Tax Liquidation Program. This year it will be held on August 9, 2005.
Lake County
Tax Sale Instructions
The tax sale will be held at 9:00 AM on the 10th floor in the Assembly Room of the County
Administration Building. The tax sale usually starts on the first or second Monday in December
with the delinquent lists becoming available 2 or 3 weeks prior to the sale. Listed below is some
important information for those attending the sale.
-
Fees involved prior to the tax sale:
- Registration begins October 1st
- $50 registration fee (applies to each buyer number to be used at the sale)
- $500 tax sale list ($50 for the actual list and $450 will be applied toward any items purchased at the sale)
-
Application and fees must be received in the Lake County Treasurer’s Office 10 business days prior to the beginning of the sale.
-
If you would like the Treasurer’s Office to mail you a paper copy, there will be an additional charge of $20 per list.
- There will be no refunds on the registration fee or tax sale list.
-
Anyone interested in buying only one or two parcels will need to register 10 business days prior to the start of the sale.
There will be no registration fee involved.
These will take place each day prior to the sale. Payment for those parcels will be required that day.
-
Buyers purchasing fewer than 10 parcels must pay the total amount due on the day of the sale or those sales will be voided.
-
Buyers purchasing more than 10 parcels will be notified the following morning of the amount due. That amount must be paid on the following business day after notification. (i.e. Monday’s sales must be paid on Wednesday, Tuesday’s sales must be paid on Thursday, etc.)
-
A list will be available to tax buyers purchasing more than 10 parcels on the morning following completion of the sale. Any corrections must be made by 5:00 PM on the date of the sale.
-
All tax buyers will be notified when certificates are ready. Certificates must be picked up in person. THEY WILL NOT BE MAILED.
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Dupage County
The tax sale is held each November, in the JTK County Administration Building, 421 N. County Farm Rd.,
Wheaton, Illinois.
A list of delinquent parcels will be published in local newspapers in November. A tax sale list of
the delinquent parcels will be available for purchase by registered buyers at a cost that is dependent
upon the number of parcels. While more information is contained on the tax sale list than is published
in the newspapers, its purchase is not a requirement for attending the tax sale. The tax sale list
provided to the taxbuyers is for the sole purpose of the delinquent property tax sale. Use of this
information for any other purpose is strictly prohibited. The County Treasurer reserves the right to deny
sale of the list to any taxbuyer.
State law requires that bidders be registered at least 10 business days prior to the start of the sale.
Registration forms are available in October to prospective taxbuyers, along with a list of requirements
for buying at the tax sale. This information can be obtained online or in our office. A person must
attend the sale in order to bid. Payment of purchases (delinquent taxes + interest + costs of $104.00
per parcel) must be made the day of the sale by cash or cashier’s check only.
The bid represents the rate of interest that would be earned by the taxbuyer on the purchase amount during
each six months of the redemption period, if the owner redeems the sale. By law, the maximum interest rate
bid is 18%. The sale is to the person who bids the lowest percentage of interest. In the last several years
the average successful bids ranged from 0% to 3%.
After the tax sale, the taxbuyer is issued a certificate of purchase, which represents a lien on the property.
The property owner has a 2 to 2 year redemption period, depending on property classification. If the tax
lien is not redeemed by the owner, the taxbuyer must petition the circuit court for a tax deed, after first
fulfilling all of the legal requirements. The taxbuyer may also pay all unpaid taxes for the next two
subsequent years at a specified time and record the payments against the sale.
The legal requirements to purchase at the tax sale and procedures that must be followed to obtain a tax deed
are outlined in the Illinois Compiled Statutes Chapter 35, Act 200, Article 21, available at public libraries
or on the internet at www.legis.state.il.us. Knowledge regarding procedures and statutory requirements is the
taxbuyer’s responsibility.
In cases where there are no bidders on a parcel, the County, as Trustee for all taxing bodies, becomes the
buyer at 18%. The County’s certificates are available for purchase by taxbuyers in the amount that the
County paid, along with the 18%. Please direct inquiries concerning purchasing County certificates to the
DuPage County Clerk. There are no forfeitures
(unsold parcels) available after the sale for over-the-counter purchases.
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Cook County Annual Tax Sale: 2006 Tax Sale Over 37,000 Properties
When: June 6-30th (see schedule below)
Times: 8am-4pm daily on scheduled days
Where: 69 W. Washington, Lower Level Room B (concourse area), Chicago, IL
Payment: Certified check, cashier’s check, or money order
The List: On ilFLS.com May 3rd , Downloadable, Searchable database, or sent as an
email attachment
**Only $59.95 (basic list on CD costs $250.00 at the Cook County Treasurer)
Cook County Annual Tax Sale Schedule
Date : Township
June 6th: Barrington, Berwyn, Bloom, Bremen
June 7th: Bremen, Calumet, Cicero, Elk Grove
June 8th: Evanston, Hanover, Lemont, Leyden, Lyons
June 9th: Maine, New Trier, Niles, Northfield, Norwood Park
June 12th: Oak Park, Orland, Palatine, Palos, Proviso
June 13th: Proviso, Rich, River Forest, Riverdale, Schaumburg, Stickney
June 14th: Thorton
June 15th: Thorton, Wheeling, Worth
June 16th: Hyde Park
June 19th: Hyde Park
June 20th: Hyde Park, Jefferson
June 21st: Jefferson, Lake
June 22nd: Lake
June 23rd: Lake
June 26th: Lake
June 27th: Lake, Lake View
June 28th: North Chicago, Rogers Park, South Chicago
June 29th: South Chicago, West Chicago
June 30th: West Chicago
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2005 Scavenger Sale
Under Illinois law, the Treasurer’s Office is required to conduct a Biennial Scavenger Sale
(conducted in odd-numbered years). The advantage of purchasing at the scavenger sale as opposed
to the tax sale is the shorter redemption period for the homeowner.
The 2005 Scavenger Sale on which property taxes for 2 or more years are listed delinquent and subject
to sale has been scheduled to commence on December 28, 2005. It will be conducted from 8:00 a.m. to
2:00 p.m. each business day. Seat selection is first come first serve. At the discretion of the Tax
Sale Supervisor, these hours may be extended or shortened to accommodate the sale schedule. It is
contemplated that the sale will be completed on January 17, 2006, with the re-offer sale scheduled
for January 19, 2006.
The sale will be conducted in the Lower Level Auditorium of the Juvenile Justice Center located at
1100 South Hamilton, Chicago, Illinois.
Registration for the sale will begin at 9:00 a.m. on November 14, 2005 and will end at 4:00 p.m. on December 15, 2005. There is a non-refundable $100 Registration Fee required for each buyer to participate in the Scavenger Sale. The certified or cash funds is strictly for registration and will not be applied to any successful bids.
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Illinois Scavenger Sale Law/Procedures
Public Act 91-0189
SB51 Enrolled LRB9101825PTpk
AN ACT to amend the Property Tax Code by changing Section 21-260.
Be it enacted by the People of the State of Illinois, represented in the General Assembly:
Section 5. The Property Tax Code is amended by changing Section 21-260 as follows:
(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 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. The successful bidder shall immediately
pay the amount of minimum bid to the County Collector in
cash, by certified or cashier's check, or by money order, or,
if the successful bidder is a governmental unit, by a check
issued by that governmental unit. 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, or 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. 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 5 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;
(2) If redeemed between 2 and 6 months from the
date of the sale, 12% of the amount for which the
property was sold;
(3) If redeemed between 6 and 12 months from the
date of the sale, 24% of the amount for which the
property was sold;
(4) If redeemed between 12 and 18 months from the
date of the sale, 36% of the amount for which the
property was sold;
(5) If redeemed between 18 and 24 months from the
date of the sale, 48% of the amount for which the
property was sold;
(6) If redeemed after 24 months from the date of
sale, the 48% herein provided together with interest at
6% per year thereafter.
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.
(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.
(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.
(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.
(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.
(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.
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.
(Source: P.A. 90-514, eff. 8-22-97; 90-655, eff. 7-30-98.)
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Illinois Tax Lien Sale Basics
| Sale Type: |
Lien (you get a lien not the property at the auction) |
| Interest Rate: |
18% (maximum interest/penalty that accrues on taxes) |
| Bid Method: |
Bidders Bid DOWN the interest/penalty |
| Redemption: |
2 – 3 years |
| Sale Dates: |
Cook County – June (scavenger in December/January info/listings On ilFLS)
Lake County – December 5-6
Dupage County – November 21 until properties are sold
Will County – November, usually the first week
Kane County – November, contact at 630-232-3565
Kendall County – November, contact 630-553-4124
McHenry County – November, contact (815) 334-4260
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