Tax Sales For Property Coming Up For Redemption
Disclaimer: The following is to be used as a guide; we are not a legal service provider. Record Information Services recommends that you contact legal advice if you are not familiar with these proceedings. The counties may differ on their process and proceedings.
This assumes a person had purchased delinquent real estate taxes on a property and are about to reach the end of the redemption period. The redemption expiration period means that the person that has the tax lien, on the property, can actually apply for the deed on this property.
Tax Deed Process:
Extending the Redemption Period:
- The holder of the Certificate of Purchase has the right to extend the redemption period up to three (3) years from the date of the Tax Sale. Due to the large Tax Deed matters, the Certificate holder should file notice with the County Clerk thirty (30) days before the redemption end date or contact legal advice.
- The holder of the Certificate of Purchase is required to give notice in writing within four months to the person whose name appears on the most recent tax bill, including the date when redemption period will expire and amount needed to re-deem the property from the tax sale. This notice must be delivered to the County Clerk's office, and they will mail it to the taxpayer by certified mail (fees may apply).
- In order to obtain title to a property, the following steps must be taken between five (5) and three (3) months before the redemption expires, and shall state that if property is not redeemed from the tax sale by the end of the redemption period, then a tax deed may be issued to you and the owner(s), occupant(s), and any other interested parties may lose their rights to said property.
1. The holder of the Certificate of Purchase (and attorney) shall make a diligent inquiry to determine the owner(s), occupant(s), and other person(s) interested in the property and physically inspect the property for any of the aforementioned person(s) that may have any interest in the property. Failure to serve a person who does have an interest in the property may cause a "tax deed petition" to be denied.
2. A Petition for Tax Deed must be filed with the Circuit Court, and the holder of the Certificiate of Purchase must pay any fees that may be due.
3. A set of notices shall be submitted to the owner(s), occupant(s), and any other person(s) that may have an interest in the property. A notice shall be given to the County Sheriff who will attempt to serve all notices personally or by certified mail.
4. A set of notices shall be given to the Clerk of the Circuit Court, whom will mail to the same parties by certified mail.
5. A set of notices shall be published in a county newspaper.
6. A set of notices shall be sent to the County Recorder of Deeds that indicates you have filed a tax deed petition. This notifies anyone who might purchase the property that it is subject of a tax deed petition.
Expiration of the Redemption Period:
- After the expiration date, check with the County Clerk to determine whether or not the property was redeemed. If the property was redeemed, you will receive the redemption money back.
- If the property is NOT redeemed you will need to file an application for an Order Directing the County Clerk to issue a Tax Deed.
- A court date will be issued, and you will have to appear before the assigned judge who will schedule a "proveup hearing".
The Proveup Hearing:
- You or the person whom inspected the property will appear in court and testify under oath of the inspection of the property, and the efforts made to identify the owner(s), occupant(s), and or other interested parties. Owner(s), occupant(s), and or other interested parties are not required to appear or object to the tax deed proceedings, but they are entitled to do so.
- If the judge finds you have taken all the actions required to obtain a tax deed, he will take this case "under advisement", until you present a transcript of the proveup hearing. This is prepared by the court reporter and will include proof that taxes for all the years subsequent to those covered by the tax sale have been paid in full and a proposed order is made. Once this is presented to the judge, he shall enter an order directing the County Clerk to issue a tax deed. A tax deed then will need to be prepared and submitted to the County Clerk along with original Certificate of Purchase and the order entered by the judge. The County Clerk then shall issue the Tax Deed which you will record at the County Recorder of Deeds.
- You become the owner of the property.
- In order to obtain a tax deed, you are required to pay all taxes which have arisen after the taxes covered by your Certificate of Purchase. These may be paid before or after the redemption period expires. If the owner of the property wishes to redeem the property from a tax sale, the owner will have to redeem the subsequent years' taxes by paying any amount you have paid, plus a penalty fee per year.
- By law, a tax deed must be issued and recorded within one year after the date when the redemption period expires. If this is not done, your Certificate of Purchase becomes null and void. You have no right to obtain any refund or reimbursement of any monies you have paid.
- If an owner declares bankruptcy, a Federal Tax lien is recorded on the property, the property is destroyed or rendered uninhabitable, or other factors occur that make it impossible to obtain a tax deed, then you can ask the court to declare the tax sale a "sale in error" and ask for the money you have paid at the tax sale to be refunded to you.
- You may request to be appointed as receiver for the property. The Receiver has the power to board up and secure a property that is at risk for being vandalized or destroyed, or in some cases may collect rent from tenants while the tax deed proceedings are being processed.
We compile these Illinois Tax Sales for the following counties:
- Cook County Illinois Tax Sales
- DeKalb County Illinois Tax Sales
- Dupage County Illinois Tax Sales
- Kane County Illinois Tax Sales
- Kendall County Illinois Tax Sales
- Lake County Illinois Tax Sales
- McHenry County Illinois Tax Sales
- Will County Illinois Tax Sales
- Winnebago County Illinois Tax Sales