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06/21/89 In Re Application of the County Collector For Judgment and

June 21, 1989

IN RE APPLICATION OF THE COUNTY COLLECTOR FOR JUDGMENT AND


APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, THIRD DIVISION

SALE v.

LANDS AND LOTS RETURNED DELINQUENT FOR NONPAYMENT OF

GENERAL TAXES FOR THE YEAR 1977 AND PRIOR YEARS

(Lorraine Shek, Plaintiff-Appellant, v. Edward

J. Rosewell, Treasurer, as Trustee of the

Indemnity Fund, Defendant-Appellee)

540 N.E.2d 1077, 184 Ill. App. 3d 1048, 133 Ill. Dec. 211 1989.IL.943

Appeal from the Circuit Court of Cook County; the Hon. Eugene Wachowski, Judge, presiding.

APPELLATE Judges:

PRESIDING JUSTICE FREEMAN delivered the opinion of the court. WHITE and CERDA, JJ., concur.

DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE FREEMAN

Plaintiff, Lorraine Shek (Shek), appeals from a judgment of the circuit court, after a bench trial, which dismissed her petition for indemnity from the treasurer of Cook County pursuant to the provisions of section 247a of the Revenue Act of 1939 (Ill. Rev. Stat. 1987, ch. 120, par. 728a) for the loss of title to her property by reason of the issuance of a tax deed.

The record indicates that plaintiff owned land located at 11801 South Wallace in Chicago, which plaintiff purchased in 1975. On February 14, 1979, Michael LaPat purchased the property at the Cook County collector's annual tax sale, after plaintiff failed to pay a portion of the general real estate taxes for the year 1977. During 1980, plaintiff filed a bankruptcy proceeding, which was dismissed by the bankruptcy court. On December 9, 1982, plaintiff filed a Chapter 13 bankruptcy petition. The petition listed LaPat as a creditor who was to receive monthly payments of $80 on a debt of $316.75.

On January 21, 1982, LaPat filed an application for issuance of a tax deed under the Revenue Act. LaPat's petition listed the expiration date of the period of redemption as January 7, 1982. On or about April 26, 1982, LaPat's motion to stay the order of the bankruptcy court regarding Shek's Chapter 13 petition was granted by the bankruptcy court. On January 9, 1984, after a hearing in the circuit court of Cook County, an order was entered granting LaPat's petition for ...


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