35 ILCS 200/21-310
2021 Illinois Compiled Statutes|Chapter 35 - REVENUE|35 ILCS 200/ - Property Tax Code.|Title 7 - Tax Collection

Sec. 21-310. Sales in error.(a) When, upon application of the county collector, the owner of the  certificate of purchase, or a  municipality which owns or has owned the property ordered sold, it appears to  the satisfaction of the court which ordered the property sold that any of the  following subsections are applicable, the court shall declare the sale to be a  sale in error:(1) the property was not subject to taxation, or all     or any part of the lien of taxes sold has become null and void pursuant to Section 21-95 or unenforceable pursuant to subsection (c) of Section 18-250 or subsection (b) of Section 22-40,(2) the taxes or special assessments had been paid     prior to the sale of the property,(3) there is a double assessment,(4) the description is void for uncertainty,(5) the assessor, chief county assessment officer,     board of review, board of appeals, or other county official has made an error (other than an error of judgment as to the value of any property),(5.5) the owner of the homestead property had     tendered timely and full payment to the county collector that the owner reasonably believed was due and owing on the homestead property, and the county collector did not apply the payment to the homestead property; provided that this provision applies only to homeowners, not their agents or third-party payors,(6) prior to the tax sale a voluntary or involuntary     petition has been filed by or against the legal or beneficial owner of the property requesting relief under the provisions of 11 U.S.C. Chapter 7, 11, 12, or 13,(7) the property is owned by the United States, the     State of Illinois, a municipality, or a taxing district, or(8) the owner of the property is a reservist or     guardsperson who is granted an extension of his or her due date under Sections 21-15, 21-20, and 21-25 of this Act.(b) When, upon application of the owner of the certificate of purchase  only, it appears to the satisfaction of the court which ordered the property  sold that any of the following subsections are applicable, the court shall  declare the sale to be a sale in error:(1) A voluntary or involuntary petition under the     provisions of 11 U.S.C. Chapter 7, 11, 12, or 13 has been filed subsequent to the tax sale and prior to the issuance of the tax deed.(2) The improvements upon the property sold have been     substantially destroyed or rendered uninhabitable or otherwise unfit for occupancy subsequent to the tax sale and prior to the issuance of the tax deed; however, if the court declares a sale in error under this paragraph (2), the court may order the holder of the certificate of purchase to assign the certificate to the county collector if requested by the county collector. The county collector may, upon request of the county, as trustee, or upon request of a taxing district having an interest in the taxes sold, further assign any certificate of purchase received pursuant to this paragraph (2) to the county acting as trustee for taxing districts pursuant to Section 21-90 of this Code or to the taxing district having an interest in the taxes sold.(3) There is an interest held by the United States in     the property sold which could not be extinguished by the tax deed.(4) The real property contains a hazardous substance,     hazardous waste, or underground storage tank that would require cleanup or other removal under any federal, State, or local law, ordinance, or regulation, only if the tax purchaser purchased the property without actual knowledge of the hazardous substance, hazardous waste, or underground storage tank.  This paragraph (4) applies only if the owner of the certificate of purchase has made application for a sale in error at any time before the issuance of a tax deed. If the court declares a sale in error under this paragraph (4), the court may order the holder of the certificate of purchase to assign the certificate to the county collector if requested by the county collector. The county collector may, upon request of the county, as trustee, or upon request of a taxing district having an interest in the taxes sold, further assign any certificate of purchase received pursuant to this paragraph (4) to the county acting as trustee for taxing districts pursuant to Section 21-90 of this Code or to the taxing district having an interest in the taxes sold.Whenever a court declares a sale in error under this subsection (b), the court shall promptly notify the county collector in writing. Every such declaration pursuant to any provision of this subsection (b) shall be made within the proceeding in which the tax sale was authorized.(c) When the county collector discovers, prior to the expiration of the period of redemption, that a tax sale  should not have occurred for one or more of the reasons set forth in  subdivision (a)(1), (a)(2), (a)(6), or (a)(7) of this Section, the county  collector shall notify the last known owner of the certificate of purchase by  certified and regular mail, or other means reasonably calculated to provide  actual notice, that the county collector intends to declare an administrative  sale in error and of the reasons therefor, including documentation sufficient  to establish the reason why the sale should not have occurred. The owner of the  certificate of purchase may object in writing within 28 days after the date of  the mailing by the county collector. If an objection is filed, the county  collector shall not administratively declare a sale in error, but may apply to  the circuit court for a sale in error as provided in subsection (a) of this  Section. Thirty days following the receipt of notice by the last known owner of  the certificate of purchase, or within a reasonable time thereafter, the county  collector shall make a written declaration, based upon clear and convincing  evidence, that the taxes were sold in error and shall deliver a copy thereof to  the county clerk within 30 days after the date the declaration is made for  entry in the tax judgment, sale, redemption, and forfeiture record pursuant to  subsection (d) of this Section. The county collector shall promptly notify the  last known owner of the certificate of purchase of the declaration by regular  mail and shall promptly pay the amount of the tax sale, together with interest  and costs as provided in Section 21-315, upon surrender of the original  certificate of purchase.(d) If a sale is declared to be a sale in error, the county  clerk shall make entry in the tax judgment, sale, redemption and  forfeiture record, that the property was erroneously sold, and the county  collector shall, on demand of the owner of the certificate of purchase, refund  the amount paid, except for the nonrefundable $80 fee paid, pursuant to Section 21-295, for each item purchased at the tax sale, pay any interest and costs as may be ordered under Sections  21-315 through 21-335, and cancel the certificate so far as it relates to the  property. The county collector shall deduct from the accounts of the  appropriate taxing bodies their pro rata amounts paid. Alternatively, for sales in error declared under subsection (b)(2) or (b)(4), the county collector may request the circuit court to direct the county clerk to record any assignment of the tax certificate to or from the county collector without charging a fee for the assignment.  The owner of the certificate of purchase shall receive all statutory refunds and payments.  The county collector shall deduct costs and payments in the same manner as if a sale in error had occurred.   (Source: P.A. 100-890, eff. 1-1-19; 101-379, eff. 1-1-20; 101-659, eff. 3-23-21.)