Sec. 400. Issuance of certificate of title; possession.

552 words·~3 min read·/il/chapter-35/act-516/400

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)If the redemption period expires and the mobile home has not been redeemed and all taxes which became due and payable subsequent to the sale have been paid and all forfeitures and sales which occur subsequent to the sale have been redeemed and the notices required by law have been given and all advancements of public funds under the police power made by a city, village, or town under Section 395 have been paid and the petitioner has complied with all the provisions of law entitling him or her to a certificate of title, the court shall so find and shall enter an order directing the Secretary of State on the production of the certificate of purchase and a certified copy of the order, to issue to the purchaser or his or her assignee a tax certificate of title. The court shall insist on strict compliance with Sections 370 through 385. Prior to the entry of an order directing the issuance of a tax certificate of title, the petitioner shall furnish the court with a report of proceedings of the evidence received on the application for tax certificate of title and the report of proceedings shall be filed and made a part of the court record.

(b)If taxes for years prior to the year sold remain delinquent at the time of the tax certificate of title hearing, those delinquent taxes may be merged into the tax certificate of title if the court determines that all other requirements for receiving an order directing the issuance of the tax certificate of title are fulfilled and makes a further determination under either paragraph

(1)or (2).

(1)Incomplete estimate.

(A)The mobile home in question was purchased at an annual sale; and

(B)the statement and estimate of forfeited taxes furnished by the county clerk

pursuant to Section 175 failed to include all delinquent taxes as of the date of that estimate's issuance.

(2)Vacating order.

(A)The petitioner furnishes the court with a certified copy of an order vacating a

prior sale for the subject mobile home;

(B)the order vacating the sale was entered after the date of purchase for the

subject taxes;

(C)the sale in error was granted pursuant to paragraphs (1), (2), or

(4)of

subsection

(b)of Section 255 or Section 395; and

(D)the tax purchaser who received the sale in error has no affiliation, direct or

indirect, with the petitioner in the present proceeding and that petitioner has signed an affidavit attesting to the lack of affiliation.

If delinquent taxes are merged into the tax certificate of title pursuant to this subsection, a declaration to that effect shall be included in the order directing issuance of the tax certificate of title. Nothing contained in this Section shall relieve any owner liable for delinquent mobile home taxes under the Mobile Home Local Services Tax Act from the payment of the taxes that have been merged into the title upon issuance of the tax certificate of title.

(c)Upon application the court shall enter an order to place the tax certificate of title grantee in possession of the mobile home and may enter orders and grant relief as may be necessary or desirable to maintain the grantee in possession.