10.3 Tax Deed Proceedings in County Division


(a) Petitions for Tax Deed. Petitions for Tax Deed shall be filed in the name of the tax purchaser or if the certificate has been assigned in the name of assignee and shall describe the premises sold by permanent real estate index number and legal description. A copy of the certificate of purchase, together with all assignments thereof, shall be attached to the petition.

(b) Applications for Order Directing the Issuance of Tax Deed. A petition for a tax deed shall not be heard or assigned for hearing until an application for order directing the issuance of a tax deed has been filed with the Clerk of the County Division. An application shall have the following exhibits attached:

1. A receipted copy of the notice furnished to the County Clerk for mailing pursuant to Section 22-5 of the Property Tax Code.

2. A certificate of publication showing publication of notice when required by Sections 22-15 and 22-20 of the Property Tax Code.

3. Petitioner's evidence of search of public records whether by exhibit or affidavit.

4. If the premises sold are registered under the Torrens Act, a copy of the certificate of title certified not more than three months prior to expiration of the period of redemption, together with proof of compliance with Section 82 of the Torrens Act.

5. Copy of the notice lodged with the Sheriff.

6. An affidavit or affidavits of the petitioner or agent showing any information relevant to establishing that the notices required by the Property Tax Code and Torrens Act have been given and that petitioner has fully complied with all provisions of law authorizing the issuance of a tax deed.

(c) Hearing on the Petition. Prior to the hearing, the Court file should contain the certificate of the Clerk as to the mailing of notices required by Section 22-25 of the Property Tax Code, the original sheriff's returns filed with the Clerk, together with the signature cards returned from certified mailings and the returned envelopes from undelivered mailings. At the hearing or prior to the entry of any order directing the County Clerk to issue a tax deed, petitioner shall exhibit to the Court the original certificate of purchase and all original receipts evidencing payment in full of all general taxes and special assessments which became due and payable subsequent to the tax sale and redemption from all subsequent forfeitures and tax sales. Testimony taken at the hearing shall be transcribed and filed not later than the time of the entry of the order directing the issuance of a tax deed.

(d) Required Statutory Notice. The notice required under 22-10 of the Property Tax Code should follow the statutory form and also designate the courthouse, the courthouse address, the room number, the date and the time of hearing (e.g., this matter is set for hearing in the Circuit Court of Cook County in Room 1704, Richard J. Daley Center, 50 West Washington Street, Chicago, Illinois 60602 on __________ at 9:30 a.m.).

[Amended, effective May 2, 2005.]

(e) Order for a Tax Deed. Any order for a tax deed shall describe the property to be conveyed by permanent real estate index number and legal description. The order for deed shall have affixed thereto the certificate of the County Clerk dated subsequent to the period of redemption showing that no deposit for redemption of the tax sale has been made.

(f) Notice of Date Fixed for Application. At the time of filing a Petition for tax deed, petitioner shall give notice to the Clerk of the Circuit Court of Cook County as to the date when petitioner shall appear before the Assignment Judge to make application that a tax deed issue and request assignment for hearing and disposition.

The Clerk shall enter the case number on the call of the Assignment Judge for the date given. All cases shall be called and assigned on said date, provided petitioner has filed its application and unless a continuance is requested by petitioner for good cause. If petitioner fails to appear on any court date, the case may be dismissed for want of prosecution by order of the Court. The Clerk of the Court shall notify petitioner or its attorney of said dismissal order by mail within seven (7) days from the date of its entry.

[Amended, effective September 16, 1996.]