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Erroneous Section 22-5 Take Notice Does Render Tax Deed Void

On December 3, 2015, the Illinois Supreme Court held that the that failure to include the address and phone number of the county clerk on the Section 22-5 Take Notice does not render the tax deed void. The Supreme Court noted that an alternative form of relief might be available to the owner under the Indemnity Fund. The Court also noted that under the “equitable entitlement” section of the Indemnity Fund provisions, 35 ILCS 200/21-305(a)(1), an owner does not have to show a lack of fault or lack of negligence for the loss. The Court even stated, “Under the circumstances, and given the broad discretion afforded the circuit court in these kinds of cases, we suggest that the [the owner] consider the possibility of filing an indemnification action…” Click here to read the case.


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