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S.I. Securities v. Jones

January 11, 2000

IN RE APPLICATION FOR TAX DEED
(S.I. SECURITIES, AN ILLINOIS PARTNERSHIP,
PLAINTIFF-APPELLEE,
V.
WILLIAM T. JONES, UNKNOWN OWNERS OR PARTIES INTERESTED, AND NON-RECORD CLAIMANTS,
DEFENDANT-APPELLANT).



Appeal from the Circuit Court of Jackson County. No. 95-TX-13 Honorable Kimberly L. Dahlen, Judge, presiding.

The opinion of the court was delivered by: Justice Goldenhersh

On December 3, 1997, the Fifth District Appellate Court entered a Rule 23 order (166 Ill. 2d R. 23) reversing and remanding this case to the Jackson County circuit court to determine the amount defendant owed plaintiff under sections 22-80(b)(1) and (b)(2) of the Property Tax Code (Code) (35 ILCS 200/22-80(b)(1), (2) (West 1996)). In re Application for Tax Deed, No. 5-96-0835 (1997). The September 12, 1996, circuit court order that was the subject of the Rule 23 order required defendant to pay plaintiff an amount based upon section 22-80(a) of the Code (35 ILCS 200/22-80(a) (West 1996)).

On April 6, 1998, the Jackson County circuit court held a hearing to determine the proper amount due from defendant to plaintiff. The court held that (1) pursuant to section 22-80(b)(1) defendant owed $530.30, (2) pursuant to section 22-80(b)(2) defendant owed $15.04 for the 1% interest per month, from October 19, 1995, to June 27, 1996, due on the tax-sale-certificate amounts of $70.45 in 1992, $51.88 in 1993, and $60.19 in 1994, and (3) pursuant to section 22-80(b)(2) defendant owed $15 due for recording the tax deed. After defendant filed a notice of appeal and a subsequent motion to dismiss the appeal, the circuit court entered another order on May 12, 1998, reciting the $560.34 from the April 15, 1998, order, and the court added that there was no just reason delaying enforcement or appeal. The court also entered one more order acknowledging payment on the part of defendant to plaintiff and stating that the payment did not constitute a waiver of defendant's rights. Defendant filed a timely notice of appeal.

FACTS

On November 6, 1995, the circuit court of Jackson County entered an order directing the issuance of a tax deed for certain real estate to plaintiff, S.I. Securities, an Illinois partnership. The real estate was owned by defendant, William T. Jones, who failed to pay certain real property taxes on the property but had received no notice of any of the tax-deed proceedings.

On February 23, 1996, defendant filed a motion for relief from judgment in the circuit court of Jackson County in which he alleged that plaintiff had obtained the tax deed through false representations and lack of diligent inquiry as to the true state of ownership of the property. In response, plaintiff filed a petition to recover its costs and expenses in the event the tax deed was set aside.

On June 27, 1996, the circuit court of Jackson County entered an order finding that plaintiff had failed to make diligent inquiry to find and serve defendant with notice of the tax-deed proceedings against him. The court indicated that it would not have issued the tax deed had it known that plaintiff had not conducted a diligent inquiry to notify defendant of his right to redeem the property. Accordingly, the court vacated the order directing the issuance of a tax deed.

The court then found that plaintiff was entitled to recover certain costs and expenses from defendant pursuant to sections 22-80(b)(1) and (b)(2). Thus, defendant was ordered to pay within 90 days, as required by statute, the following:

"(1) The amount necessary to redeem the property from the sale as of the last day of the period of redemption, except that the redemption amount under this section shall not include an amount equal to all delinquent taxes on such property[,] which taxes were delinquent at the time of sale; and

(1) amounts in satisfaction of any municipal liens paid by the tax purchaser or his or her assignee, and the amounts of

(1) all taxes and special assessments purchased, or paid by the tax deed grantee, whether before or after entry of the Order for tax deed with interest at the rate of 1% per month from the date each amount was paid until the date of payment; [and]

(1) Any court reporter fees for the hearing on the application for tax deed and transcript, cost of certification of Tax Deed Order, cost of issuance of tax deed[,] and cost of recording of tax deed.

The amounts covered above in (3) and (4) of this Order are to the extent that they are not included in paragraph (1) of ...


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