Fontana, CA asked in Tax Law for Illinois

Q: Wheaton County of Illinois; property sold for back taxes.

I acquired property thru realestate tax sale.

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1 Lawyer Answer
James L. Arrasmith
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Answered
  • Tax Law Lawyer
  • Sacramento, CA

A: Based on the information you provided, it seems that you purchased a property in Wheaton County, Illinois through a tax sale due to the previous owner's failure to pay property taxes. Here are some key points to consider:

1. Tax Deed: After purchasing the property at the tax sale, you will receive a tax lien on the property. To obtain full ownership, you will need to go through the process of obtaining a tax deed, which typically involves waiting a certain period (usually 1-3 years) and following specific legal procedures.

2. Redemption Period: During this waiting period, known as the redemption period, the original property owner has the right to redeem the property by paying the delinquent taxes, interest, and any additional fees. If they do so, your tax lien will be extinguished, and you will receive your investment back with interest.

3. Obtaining the Tax Deed: If the property is not redeemed within the redemption period, you can proceed with obtaining a tax deed. This process involves filing a petition with the court and providing proper notice to interested parties, such as the property owner and mortgage lenders.

4. Quiet Title Action: After obtaining the tax deed, it is advisable to file a quiet title action to clear any potential claims or encumbrances on the property and establish your clear ownership.

5. Legal Assistance: Due to the complexities involved in tax sales and obtaining a tax deed, it is highly recommended to consult with an attorney specializing in real estate tax law in Illinois to ensure that you follow the proper procedures and protect your investment.

Keep in mind that tax sale laws can vary by county and state, so it's essential to familiarize yourself with the specific requirements in Wheaton County, Illinois.

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