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In re Application for A Tax Deed

Court of Appeals of Illinois, Fifth District

June 5, 2018

In re APPLICATION FOR A TAX DEED
v.
Robert W. Street Jr.; Ruth Street; Ford Motor Credit Company, LLC; Unknown Occupants; Unknown Owners or Parties Interested; and Nonrecord Claimants, Respondents-Appellees. As-Is Properties, Ltd., Petitioner-Appellant,

          Appeal from the Circuit Court of Saline County. No. 16-TX-7 Honorable Todd D. Lambert, Judge, presiding.

          Attorney for Appellant Steven Walters, Walters Law Firm, P.O. Box 126, Metropolis, IL 62960

          Attorney for Appellees C. Mart Watson, Law Offices of Watson & Murphy, 1312 Jackson Street, P.O. Box 59, Eldorado, IL 62930

          JUSTICE OVERSTREET delivered the judgment of the court, with opinion. Justices Chapman and Cates concurred in the judgment and opinion.

          OPINION

          HONORABLE DAVID K. OVERSTREET, JUDGE

         ¶ 1 The petitioner, As-Is Properties, Ltd. (As-Is Properties), appeals the circuit court's order granting equitable redemption in a tax deed sale proceeding to the property's owners, the respondents, Robert W. Street Jr. and Ruth Street, and the circuit court's order denying As-Is Properties' motion to expunge the redemption. On appeal, As-Is Properties claims that the circuit court erred in granting equitable redemption because the Streets failed to tender funds to redeem the property within the statutory period of redemption provided under the Property Tax Code (Code) (35 ILCS 200/21-350 (West 2016)). As-Is Properties seeks reversal and remand to the circuit court for expungement of the redemption and entry of an order directing the issuance of a tax deed. For the reasons that follow, we affirm.

         ¶ 2 BACKGROUND

         ¶ 3 On January 29, 2014, at a sale of lands and lots for nonpayment of general taxes levied and assessed for the 2012 taxes due and payable in 2013, As-Is Properties purchased the delinquent real estate taxes for real estate located at 1518 Fisk Street, Eldorado, Illinois. On May 20, 2016, As-Is Properties filed a petition for tax deed, alleging that it held a certificate of purchase issued by the county clerk and that the time for redemption of the certificate would expire on October 7, 2016. As-Is Properties requested the circuit court to enter an order directing the county clerk to issue a property tax deed to As-Is Properties if the property had not been redeemed within the time and in the manner provided by law. The corresponding "Take Notice" document, also filed with the circuit court on May 20, 2016, provided, in pertinent part:

"THIS PROPERTY HAS BEEN SOLD FOR DELINQUENT TAXES
Property located at 1518 Fisk Street, Eldorado, IL 62930, Saline County, Illinois.
***
This notice is to advise you that the above property has been sold for delinquent taxes and that the period of redemption from the sale will expire on October 7, 2016.
***
This notice is also to advise you that a petition has been filed for a tax deed which will transfer title and the right to possession of this property if redemption is ...

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