APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FIRST DIVISION 1987.IL.1878
COUNTY COLLECTOR OF COOK COUNTY (Cosmopolitan
National Bank of Chicago, as Trustee,
Oak Park Bank, as Trustee, et al., Appellees (S. L. Cribare
525 N.E.2d 852, 171 Ill. App. 3d 644, 121 Ill. Dec. 545
Appeal from the Circuit Court of Cook County; the Hon. Martin Brodkin, Judge, presiding
Supplemental opinion filed on denial of rehearing July 25, 1988
DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE O'CONNOR
Intervenor-appellant, Cosmopolitan National Bank of Chicago, appeals from the order of the circuit court of Cook County granting appellees', Oak Park Bank's and Joseph Sadacca's, section 2-1401 petition (Ill. Rev. Stat. 1985, ch. 110, par. 2-1401).
On appeal, Cosmopolitan contends that the trial court abused its discretion in granting appellees' section 2-1401 petition vacating its previous order issuing tax deeds to tax purchasers where appellees did not assert fraud by tax purchasers in obtaining their tax deeds. For the reasons that follow, we affirm.
Joseph Sadacca was the beneficiary of a land trust of which Oak Park Bank was trustee. The trust covered two vacant parcels of land which are adjacent to and necessary for the operation of a hotel Sadacca owns. On September 28, 1983, the two parcels were sold to S. L. Cribare (petitioner) and Catherine Partipilo (petitioner) for $1,094.79 and $2,105.25, respectively. The sale was due to delinquent real estate taxes for the years 1980 and 1981. Neither petitioner is a party to this appeal.
Both petitioners extended the period of redemption to April 15, 1986. On December 3, 1985, petitioners filed their petitions for tax deeds on the property. On December 9, 10 and 16, 1986, Sadacca and Oak Park Bank were served with tax deed petitions and "Take Notices" which stated that the property was sold "for General Taxes of (Year) 1981 (1980 included)." In November or December of 1985, an agent of petitioners' visited Sadacca and informed him about the tax sales. Sadacca assured the agent he would redeem the property before April 15, 1986.
Thereafter, Sadacca attempted to redeem the property before his right expired in April. He requested an estimate from the county clerk's office, but a deputy clerk erred in preparing the estimate, which included only the 1982, 1983 and 1984 delinquent taxes, but not 1980 or 1981. Relying in good faith on the clerk's estimate, on April 2, 1986, Sadacca paid $14,929.25, believing he had redeemed his property. Hence, Sadacca ...