70 ILCS 605/5-25
2021 Illinois Compiled Statutes|Chapter 70 - SPECIAL DISTRICTS|70 ILCS 605/ - Illinois Drainage Code.|Article V - Levy And Collection Of Assessments

 (from Ch. 42, par. 5-25)Sec. 5-25.         Foreclosure of assessments-Acceleration.)  When any original or additional assessment, any installment of any  assessment, or any annual maintenance assessment or any interest on any  assessment is delinquent and the land or other property against which such  assessment was levied has been forfeited to the State upon failure to sell  at the County Collector's sale for the nonpayment thereof, the  commissioners, in the name of the district, may file a complaint in the  Circuit Court of the County in which such land is situated for the  foreclosure of the lien of any such unpaid assessment, installment, annual  maintenance assessment or interest in like manner and with like effect as  in the foreclosure of a mortgage.  All owners and parties interested in the  lands involved and parties in possession thereof shall be made parties  defendant and shall be served with process by summons or by publication in  the manner and form provided by law for the service of defendants in the  foreclosure of mortgages.  No irregularity in the County Collector's  proceeding for judgment and sale shall affect the district's right to  proceed with such foreclosure.When the basis for a foreclosure has accrued, as above provided, then  the commissioners may include in such foreclosure all assessments,  installments, interest and annual maintenance assessments which have become  due prior to the filing of such foreclosure suit.  If they deem it  advisable, the commissioners of the district may also accelerate the due  date of all unpaid original and additional assessments and installments  levied by such district after the effective date of this Act against the  lands involved in such foreclosure, and may include in such foreclosure  proceedings all such accelerated unpaid assessments and installments levied  against the land involved.  If there has been no such acceleration by the  commissioners, any foreclosure shall be subject to all assessments,  installments and interest thereon becoming due after the commencement of  such foreclosure proceedings.  All such foreclosures shall be subject to all  annual maintenance assessments which become due after the commencement of  such foreclosure proceedings.Any judgment rendered in any such foreclosure proceedings may be enforced  as other judgments in such court but any sale made under such judgment  shall be made by the County Collector or by some other officer  having authority to receive state and county taxes designated by the court  in such judgment.  The commissioners, on behalf of the district, may be the  purchasers at any such foreclosure sale.  The right of redemption from any  sale under any such judgment shall exist in favor of owners and persons  interested in such real estate for a period of 2 years from the date of the  sale.  After the sale of any such lands under any foreclosure order, notice  shall be given by the purchaser at such sale, or his assigns, to all  parties defendant in such suit and to all owners and parties interested in  such land (including all occupants of said land, or any part thereof) at  the time of giving such notice, of the fact of the sale of said lands for  such unpaid assessments, the date the sale was held, the amount of such  sale, and the time when the period of redemption will expire.  Such notice  shall be given not more than one year nor less than 3 months before the  expiration of the time of redemption.  Such notice shall be sent by  registered mail to all such parties at their respective places of residence  if the same can be ascertained upon diligent inquiry, except that all  occupants of said lands shall be personally served with such notice.  If any  owner or party interested is unknown, or if, upon diligent inquiry, the  place of residence of any such party cannot be ascertained, then such  notice shall be given by one publication in some newspaper published in  such county or, if no newspaper is published in such county, then by  publication in some newspaper published in another county but having  general circulation in such county.  Proof of the giving of such notice  shall be made to the court in which the suit is pending, and no deed shall  be issued until such proof is made and approved by the court.If there is no redemption from such sale within 2 years from the time of  such sale and proper proof is made of the giving of notice as hereinabove  provided, then the court shall order the issuance of a deed which shall  vest in the grantee all the right, title and interest in said lands of all  parties defendant in such suit and of all their privies in title and  interest.If a notice as above provided is not given within the time above  provided, or if the notice given is defective or insufficient, then the  court may, upon proper application, order the giving of another notice and  shall extend the time for redemption to a date certain, not less than 3 nor  more than 5 months following the entry of such order, so that proper notice  may be given.The remedy provided by this section for the collection of unpaid  assessments shall not be construed to abridge or interfere with the right  to enforce the collection of any unpaid or delinquent assessments in the  manner provided by the revenue laws of this State or of other provisions of  this Act, but the remedy herein provided shall be taken and held as an  additional remedy.    (Source: P.A. 79-1360.)