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08/12/88 In Re Application of the County Collector of Cook County

August 12, 1988

IN RE APPLICATION OF THE COUNTY COLLECTOR OF COOK COUNTY


APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FIFTH DIVISION

FOR ORDER OF JUDGMENT AND SALE OF LANDS UPON WHICH

GENERAL TAXES FOR FIVE OR MORE YEARS ARE

DELINQUENT (B&W Investments,

Petitioner-Appellant, v.

Colonial Brick Company, Respondent-Appellee)

527 N.E.2d 1038, 173 Ill. App. 3d 814, 123 Ill. Dec. 400 1988.IL.1252

Appeal from the Circuit Court of Cook County; the Hon. Marjan Staniec, Judge, presiding.

APPELLATE Judges:

JUSTICE PINCHAM delivered the opinion of the court. SULLIVAN and MURRAY, JJ., concur.

DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE PINCHAM

Petitioner, B&W Investments, appeals from an order entered on July 18, 1986, which vacated an order of March 11, 1986, extending the date of redemption of property it purchased in a tax sale. We affirm.

On June 27, 1983, petitioner, B&W Investments, pursuant to the Revenue Act of 1939 (Ill. Rev. Stat. 1983, ch. 120, par. 716(a)), purchased for $3,526 the lien of delinquent taxes on certain real property located in Cook County, Illinois. The owner and last assessee of the property was respondent, Colonial Brick. The initial expiration date for Colonial Brick's redemption of the property was December 27, 1983. However, pursuant to section 263 of the Revenue Act (Ill. Rev. Stat. 1983, ch. 120, par. 744), which provides that "[the] purchaser . . . of real estate sold for non-payment of general taxes . . . may extend the period of redemption for the real estate before the expiration of 2 years from the date of sale or thereafter prior to the expiration of any extended period of redemption for a period which will expire not later than 3 years from the date of sale by filing with the county clerk of the county in which the real estate is located a written notice to that effect . . ., stating the date of the sale and specifying the extended period of redemption," B&W Investments on several occasions extended the final dates of redemption. On April 30, 1984, pursuant to the aforestated statutory provisions B&W Investments filed with the Cook County clerk its third written notice for extension of the redemption period to September 14, 1984.

Section 266a of the Revenue Act (Ill. Rev. Stat. 1983, ch. 120, par. 747a) provides:

"In tax and special assessment foreclosure proceedings the purchaser or assignee shall file a petition for a deed in the proceeding in which the foreclosure order was entered. Notice of the filing of the petition and of the hearing on the petition shall be given in conformity with ...


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