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lose your mind, lose your home … not necessarily in that order

Appeal from 1st Dist. In re: Application of the County Collector, No. 97165 (April 19, 2007) On remand from US Supreme Court (THOMAS) (KILBRIDE, dissent), the Illinois Appellate court affirmed that a stutory deed issued for non-payment of taxes (“tax deed”) could not be set aside merely because the homeowner was in a mental health facility when the tax buyer sent statutory notice and his hospitalization was known even to the post office. In other words, the fact that the purchaser performed a tract search of the property, sent notice by certified mail to the law firm that prepared the most recent deed as well as the last mortgagee of property, checked telephone books and voter registration records, and sent an agent to personally examine property was enough to satisfy the due diligence requirement of Illinois law and the Illinois and Federal Constitutions, especially the so-called “Takings Clause.”
Long story short: pay your taxes (including real estate taxes). Enough said.

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