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If your house was sold for taxes one year and forfeited the…

If your house was...

If your house was sold for taxes one year and forfeited the next what does that mean?

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

Its in Illinois

Lawyer's Assistant: Has anything been filed or reported?

They say its been sold for 2013 taxes. And ownership is with the company that bought it.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I still receive the tax bill for the property.

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Answered in 17 minutes by:
3/13/2018
KLAW
KLAW, Lawyer
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Experience: I have over 20 years of experience in commercial real estate law, finance, consumer credit, landlord tenant, and business law.
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A little background on Illinois tax forfeiture law. When you don’t pay your property taxes in Illinois, the county collector can apply to the circuit court for a judgment against the property for the taxes and costs, and for an order of sale. However, the purchaser at the sale does not buy the title to the home. Instead, he or she gets a certificate of purchase, which represents a lien on the property. (A lien is a legal claim against the property.)If you don’t “redeem” the home after the sale within the allotted time period (described below), the purchaser can petition the Illinois circuit court for a tax deed (title) to your home.If you don't get caught up on what you owe, the court will issue a judgment and then the county collector will hold a sale to sell the delinquent tax debt (35 Ill. Comp. Stat. Ann. § § 200/21-190, 200/21-260). The person or entity that is the winning bidder at the sale will receive a certificate of purchase (35 Ill. Comp. Stat. Ann. § § 200/21-250, 200/21-260).Under Illinois law, you typically get two and a half years to redeem the home. (35 Ill. Comp. Stat. Ann. § 200/21-350).If you don’t redeem your Illinois home during your allotted redemption period, the purchaser can get a deed (title) to the property.
To do this, the purchaser must file a petition with the circuit court (35 Ill. Comp. Stat. Ann. § 200/22-30). The circuit court will then enter a judgment ordering a tax deed in favor of the purchaser.In your situation, I believe the tax lien was sold and the property was also subsequently sold.Remember, at a tax sale, the delinquent taxes are sold, not the properties. The delinquencies are liens on the properties to secure payment. A tax purchaser pays the taxes and receives a lien on the property. If the you as the taxpayer do not pay the delinquent taxes, however, after a statutory period of time and after complying with a number of statutory requirements, the tax purchaser may petition the court for a tax deed. If the petition is granted, the tax purchaser will own the property.
It is important to remember that so long as the property owner redeems taxes, or if the tax sale is set aside as a sale in error, the purchaser has no right to the property. It is only in the event that the taxes go unredeemed and the sale is not set aside, that the purchaser can file for a deed to the property.You should not be receiving tax bills for the property if it was sold.I hope this clarifies. Please don’t forget to rate the question with stars. We as attorneys are not employees of Just Answer and are not paid unless you rate the question with stars.
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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