Why is the Illinois tax foreclosure process more complicated than other States?
Essentially, the Illinois tax foreclosure process is a constitutionally supported legal method to clear title to the land. As such, it has been drafted to comport with the due process notions of clearing the title to the property to all other inferior liens, judgment and encumbrances of any type. It is a plenary procedure in its scope. When compared to other States, it is more extensive because it does something that most State do not – provision for issuance of a tax deed which is merchantable. The extensiveness of the procedure is what makes Illinois a useful State to invest in. The notice procedures foster redemption as well as the “cleansing” of the chain of title. This is not to say that after issuance problems can not occur. These after issuance issues arise under 735 ILCS 5/2-1401 of the Illinois Code of Civil Procedure. If you have an after issuance issue or have been served with a 735 ILCS 5/2-1401 Petition see your attorney immediately.
