House & Apartment
Worried about doing this on your own? You may be able to get free legal help.
AddToAny buttons
Who collects residential property taxes?
Copy link to this question
The link has been copied.
×
Residential property owners pay property taxes to the county where the property is located. Ask the county which local agencies or departments assess and collect your property taxes. In some counties, the county assessor determines how much is owed, and the county treasurer collects the money.
Talk to the county assessor's office where the property is located right away if:
- The bill requests the wrong amount of taxes or contains other mistakes,
- Notices are not arriving when expected, or
- Exemptions need to be applied.
Which property taxes does a homeowner have to pay?
Copy link to this question
The link has been copied.
×
People who own property in Illinois must pay the property taxes for the entire property.
Counties do not usually keep track of property taxes by street address. Taxes are assigned by PIN, also called “Property Index Number,” “Permanent Index Number,” or sometimes “Parcel Number.”
Sometimes, what looks like a single residential property with a single street address has more than one PIN. For example, a house, a parking space, a side yard, a garage, or an outbuilding could have a separate PIN. Check with the county for this information.
Paying the taxes for one PIN is separate from paying what is owed for another PIN. If property taxes are paid through a mortgage, be sure each PIN is included.
Can property taxes be due when a homeowner has not received notice?
Copy link to this question
The link has been copied.
×
Yes, a homeowner can owe property taxes without having received a tax bill. Failure to receive a notice does not protect people against owing property taxes.
Property tax notices are usually sent by mail. Ask the county where the property is located about:
- Updating the mailing address where they are mailing property tax notices,
- How much is currently owed, and
- Whether property tax bills can be viewed online.
What happens if property taxes are not paid on time?
Copy link to this question
The link has been copied.
×
Failing to pay property taxes when due means the taxes become "delinquent." The county will mail the homeowner a notice saying their taxes are past due or delinquent.
When property taxes become delinquent:
- The amount owed may increase from interest, penalties, and costs,
- The county has a lien against the property, which takes priority over other liens even if they were recorded first,
- The information about unpaid taxes is public, and may be published in a local newspaper,
- The unpaid taxes can be sold at a public auction,
- If a mortgage contract requires paying property taxes on time, the lender may file for foreclosure, and
- A tax buyer may become the new owner of the property and evict everyone living in it.
What are tax sales and tax certificates?
Copy link to this question
The link has been copied.
×
The county does not have to wait to get paid for overdue property taxes until a property is sold. Instead, the county may sell unpaid debt to a tax buyer at a public auction called a "tax sale."
There are two main types of county property tax sales:
- Annual tax sale, which is the yearly sale of the prior year's delinquent taxes, and
- Scavenger tax sale, which is an optional sale of delinquent taxes that were not sold at the annual sale.
The homeowner must pay the taxes or apply for certificates of error before the tax sale if they want to prevent their tax lien from being sold. Once unpaid taxes have been sold at auction, the county will issue the buyer a “tax certificate” confirming the sale.
Is there a redemption period for sold taxes?
Copy link to this question
The link has been copied.
×
Yes, after property taxes have been sold, there is a redemption period. The redemption period is a limited time to pay the delinquent taxes, interest, penalties, and costs to the county.
During the redemption period, the homeowner can:
- “Redeem” the delinquent taxes by paying the county the total amount owed,
- Seek a sale-in-error declaration, or
- Do nothing and wait for the tax buyer to request a tax deed from the court.
Once the tax buyer files a court case requesting the tax deed, the homeowner can:
- File a statutory “redemption under protest,” or
- Do nothing and let the tax buyer become the new owner of the property.
How long is the redemption period for sold property taxes?
Copy link to this question
The link has been copied.
×
The redemption period may range from 6 to 36 months, depending on when the tax certificate was issued, the property type, and whether there is an extension.
For tax certificates issued on or after January 1, 2024, most redemption periods are 30 months from the date of the tax sale. However, for the following types of property, it is 12 months from the date of the sale:
- Vacant non-farm property,
- Residential property with 7 or more units, or
- Commercial or industrial property.
The redemption period for tax certificates issued before January 1, 2024, is generally shorter. Property owners have 24 months from the date of the tax sale, except:
- For residential properties with 6 or fewer units that are not abandoned, it is 30 months from the date of the sale, and
- For the below types of property with delinquent taxes of 2 or more years or forfeited to the county, it is 6 months from the date of the sale:
- Vacant non-farm property,
- Residential property with 7 or more units, or
- Commercial or industrial property.
No matter when the tax certificate is issued, the tax buyer may agree to extend the redemption period up to 36 months after the sale to give more time to pay. The tax buyer does not have to agree to an extension.
The tax buyer must prepare a notice stating that the redemption period is expiring and deliver it to the circuit clerk. The clerk must mail the homeowner the notice at least 3 months but not more than 6 months before the redemption period expires.
How does a homeowner redeem sold taxes during the redemption period?
Copy link to this question
The link has been copied.
×
During the redemption period, a homeowner can “redeem” sold taxes by paying the county the total amount owed. The amount may include:
- Delinquent and current taxes,
- Interest,
- Penalties,
- Fees or costs, and
- Special assessments.
Ask the county for an “estimate of redemption” to find out how much is owed. The county can charge a fee for this information.
When a homeowner cannot afford to redeem the taxes and has a mortgage, they can ask the lender to redeem on their behalf and add the balance to their existing loan. Do this as early as possible.
Homeowners may also consider taking out a home equity line of credit (“HELOC”) or reverse mortgage to pay the taxes. To qualify for a reverse mortgage, a homeowner must be at least 62 years old. Talk to a lawyer before choosing this route.
Can a homeowner seek a sale-in-error declaration during the redemption period?
Copy link to this question
The link has been copied.
×
Yes, counties may issue a sale-in-error declaration if they mistakenly decided to sell unpaid taxes when they should not have been sold.
Contact the county to request a “sale-in-error” right away if they made a mistake. Common reasons for a sale-in-error include:
- The property was not subject to taxation,
- The taxes or special assessments were paid before the property sale,
- There is a double assessment,
- The assessor or other county official made an error material to the tax certificate,
- The property is a homestead property and the homeowner paid the full amount they reasonably believed was due on time, but the county failed to apply the payment, or
- A bankruptcy petition has been filed by or against the property owner, and the case is open on the date of the tax sale.
The county may process the request for a sale-in-error declaration administratively or ask a judge to decide. Administrative processing time is shorter than court orders, which can take a year or longer.
What are tax deeds?
Copy link to this question
The link has been copied.
×
When a property owner does not redeem their taxes during the redemption period, the tax buyer can ask the court for a “tax deed.” Once the tax buyer records the tax deed with the county, they become the legal owner of the property.
The tax buyer can evict everyone living in the property, including the former homeowner, by filing a motion in the tax deed case. The buyer does not need to file a new eviction case or serve a new summons on the homeowner. If other people are living in the property, the property owner needs to let them know about the tax sale and motion for eviction.
Can a homeowner redeem under protest?
Copy link to this question
The link has been copied.
×
Yes, there is a legal process for a homeowner to redeem their taxes under protest. This becomes possible after the tax buyer has petitioned the court for a tax deed.
Redemption under protest preserves the homeowner's right to claim in the court case that the taxes were improperly sold:
- If the homeowner wins that argument in court, they are still responsible for the taxes and late-payment statutory interest, but not the additional redemption costs, and
- If they lose that argument in court, they will have redeemed their taxes, preventing the tax buyer from becoming the legal owner of the property.
To redeem under protest, submit a deposit for redemption and other required documents to the county clerk.
What can homeowners who have already lost their property to a tax deed do?
Copy link to this question
The link has been copied.
×
Homeowners who have already lost their property to a tax deed may be able to receive some compensation from the county. They must file a petition for this money, known as “indemnity,” within 10 years of the date the judge issued the tax deed.
The petition must be filed with the court that issued the deed. Sometimes, the homeowner who lost the property can work with the tax buyer to use indemnity money to buy back the property. Talk to a lawyer for help with this.
Who can help with property tax issues?
Copy link to this question
The link has been copied.
×
Tax sales, tax redemptions, and related issues can be difficult to navigate. Use Get Legal Help to find local legal resources.
Worried about doing this on your own? You may be able to get free legal help.