Fausett Law Logog

Attorneys At Law

Attorneys practicing in and around the Chicagoland area. Experienced in the practice areas of Real Estate Law, Mortgage Foreclosure Defense Litigation, Business Law, & Estate Law.

Attorneys At Law - Attorneys practicing in and around the Chicagoland area. Experienced in the practice areas of Real Estate Law, Mortgage Foreclosure Defense Litigation, Business Law, & Estate Law.

What Is a Tax Sale? The Example of Star Centre Mall

In this post, we discuss property tax sales in Illinois and look at the example of the Star Centre Mall in Marion, Illinois and it’s sale of delinquent taxes.

On May 4th The owners of The Illinois Star Centre LLC declared bankruptcy.

According to the Williamson County Treasurer’s office, the Illinois Star Centre LLC failed to pay taxes during 2014 and 2015 to the amount of $1,112,295.70. Those taxes were purchased by GSRAN-Z, a tax buyer out of Atlanta at a tax lien sale.

The buyers wound up owning the property when they did not intend to and were eventually unable to make the tax payments themselves.

This case makes a good example to undertand the issue of tax sales.

What is a tax sale?

The most common and efficient way to collect delinquent taxes is by tax sale.

A tax sale happens when the landowner fails to pay taxes on their property. A legal claim can then be made by the city or county to place a lien on the property which cannot be sold or refinanced until the taxes are paid and the lien is removed.

The county will hold a public auction, and investors can bid for the right to collect on the delinquent taxpayer’s debt.

Tax sales in Illinois

Once the property taxes are delinquent for a long enough time, the taxing authority will start a tax sale.

In Illinois, tax sales require judicial proceedings which usually begin with a published list that states the name of the taxpayer, the property, as well as the amount of tax due. In addition to publication, the taxpayer will receive a notice in the mail that acts as a summons.

You have the right at any time on or before the day before the sale to end the it by getting caught up on the costs due.

If you do not get caught up on what you owe the sale will be held by the county collector to sell the delinquent tax.

Property tax bills Kane & DuPage CountyTax Sale at Star Centre Mall

If the deed is not redeemed the lien buyer has a legal right to take the title and ownership of the property.

In the case of the Illinois Star Centre Mall in Marion, Illinois, they found themselves owning property they did not anticipate owning.

The tax buyers were able to benefit the community though, because Illinois Star Centre LLC bought the taxes for the mall, Williamson County was able to distribute money to the taxing bodies associated with the property.

Related: Short sale vs deeds in lieu

What happens when your property taxes are sold?

If you are not able to get caught up on what you owe, the court will issue a judgment and a sale will be held to sell the delinquent tax debt.

The purchase of a delinquent tax does not cause the immediate loss of property. It differs from state to state but there is usually about 18 months to redeem the sold delinquent tax before the tax buyer can acquire the deed.

Buying tax lien is not a risk-free investment because the tax lien may not be redeemed by the property owner, as was the case with the Illinois Star Centre Mall.


* Advertising Material: To the extent that the information in this post is interpreted as attorney advertising in accordance with the Illinois Rules of Professional Conduct or within the meaning of state bar rules from all other localities, this statement is made pursuant to those rules.

Specialties: Specialization claims are prohibited by Illinois Supreme Court Rules and we do not claim to be specialists. The content of this e-mail is organized and presented for the sole purpose of general information. None of the included content should be construed as legal advice. Viewing this e-mail or e-mailing the account holder does not create an attorney-client relationship. NOTICE: This page may be considered advertising material.


The Law Offices of Lora Fausett P.C. provides real estate law services including buying and selling legal assistance, short sales and deeds in lieu, mortgage foreclosure defense and more.

Located in Glen Ellyn, Illinois and serving clients in DuPage, Cook, Kane, Will, and Kendall Counties.

For Information Call 630-858-0090


 

Real Estate Tax Exemptions Cook County Chicago

Chicago brownstone two flat homes

In this post, we will list the real estate tax exemptions available to qualified homeowners in Cook County and Chicago, Illinois.

Property taxes are a reality of home ownership whether you are in Cook County, DuPage, Kane, or most of Illinois.

Some homeowners in Cook County may be eligible for real estate tax exemptions for a portion of their home value.

With property taxes always rising, is extremely important that you take advantage of every exemption that you qualify for.

This information has been collected for your convenience and is also available at the Cook County Assessor’s Office Website.

List of Cook County – Chicago Property Tax Exemptions

Homeowner Exemption

The Homeowner Exemption provides tax relief by reducing the equalized assessed valuation of an eligible residence.

You can receive the Homeowner Exemption if you own or have a lease or contract which makes you responsible for the real estate taxes of the residential property. It must also be used as your principal place of residence for the year in question.

If you have never received a Homeowner Exemption on your home, you will need to apply for one. (PDF application)

Related Post: High Property Taxes Sending Illinois Homeowners Towards a Cliff

Senior Citizen Exemption

The Senior Citizen Exemption provides tax relief by reducing the equalized assessed valuation of an eligible residence. This savings is in the form of a deduction on the second-installment real estate tax bill.

Senior Citizens receiving the Senior Citizen Exemption automatically qualify for the Homeowner Exemption and do not have to apply for it separately. Senior citizens have to reapply annually for the Senior Exemption.

  • You must be 65 years of age or older during the tax year for which you are applying;
  • You must either own the property or have a lease or contract which makes you responsible for the real estate taxes; and
  • The property must be your principal residence. If you have moved or plan to move in the future, you may be entitled to a prorated Senior Citizen Exemption, based on the time of occupancy.

To apply for a prorated Senior Citizen Exemption you must submit:

  • A Senior Citizen Exemption Application Form
  • A closing or settlement statement
  • Copy of a recent property tax bill
  • Copy of proof of age and residency

If you are eligible for the exemption, please complete and sign the Senior Citizen Exemption Application Form (PDF).

More details available at Cook County Tax Assessor’s website.

Related Post: Senior Real Estate Tax Deferral in DuPage County

Senior Freeze Exemption

Cook County SealThe Senior Freeze Exemption allows qualified senior citizens to apply for a freeze of the equalized assessed value (EAV) of their properties for the year preceding the year in which they first apply and qualify for this exemption. For example, a senior citizen who qualifies and applies for this exemption in taxable year 2016 will have the EAV of the property frozen at the 2015 EAV.

Those who qualify and receive this exemption should be aware that this does not automatically freeze the amount of their tax bill. Only the EAV remains at the fixed amount. The amount of dollars that the taxing districts asks for (levy) may change and thus alter a tax bill.

You must file each year in order to continue to receive the Senior Freeze Exemption and the requirements must be met each year.

To qualify for the taxable year 2016, you must meet all of these requirements:

  • Be born prior to or in the year 1951,
  • Have a total gross household income of no more than $55,000 for 2015,
  • Own the property, or have a legal, equitable or leasehold interest in the property on January 1, 2015 and January 1, 2016,
  • Be liable for the payment of 2015 and 2016 property taxes, and
  • Use the property as a principal place of residence on January 1, 2015 and January 1, 2016.

Those who are currently receiving the Senior Citizen Exemption will automatically receive an application form for the Senior Freeze Exemption.

Senior Freeze Exemption Form (PDF)

Longtime Homeowner Exemption

The Longtime Homeowner Exemption was designed to offset increases in property values for homeowners who have lived in their homes for 10 years or more and experienced significant growth in their property’s value. Cook County Assessor Joseph Berrios and his staff are happy to assist with this information.

Those who qualify and receive this exemption should be aware that the exemption is not automatically renewed. The property must continue to qualify and the exemption must be applied for annually.

To qualify for Tax Year 2016, you must please meet each of these requirements:

  • Have used the property as a principal place of residence from January 1, 2006 to January 1, 2016
  • Had a gross household income of no more than $100,000 for 2015
  • The Equalized Assessed Valuation (EAV) of the property must have increased significantly
  • Own the property or have a legal, equitable or leasehold interest in the property on January 1, 2016
  • Be responsible for the payment of 2016 property taxes.

Those who qualify for the Longtime Homeowner Exemption will automatically receive an application form each year, mailed directly to them. The Longtime Homeowner Exemption Form is not on the Cook County Assessor’s Office web site because the Assessor’s Office has to first calculate each home’s EAV to determine if the home qualifies for the exemption.

You must please file each year to continue to receive the Longtime Homeowner Exemption; of course, all requirements must be met each year.

If you believe you qualify, please contact the Cook County Assessor’s Office at 312-443-7550.

Related post: Low Inventory for Midpriced Suburban Chicago Homes Driving Up Prices

Home Improvement Exemption

The Home Improvement Exemption allows you to increase the value of your home with up to $75,000 worth of improvements without increasing your property taxes for at least four years.

The exemption is available to owners of single-family homes, condominiums, cooperatives, and apartment buildings up to six units.

You will automatically receive the exemption when our office field checks the building permit for the improvement. A notice will be sent to you after we complete the check.

The exemption is not granted for loss of personal property, normal weather damage, or routine maintenance. Routine maintenance includes repairs to or replacement of parts that would not increase the value of your property.

To learn whether you may qualify for the Home Improvement Exemption, call the Cook County Assessor’s Office at 312/443-7550.

 

Specialized Property Tax Exemptions in Cook County – Chicago

Senior Citizen Tax Deferral

The Senior Citizen Real Estate Tax Deferral program is a tax-relief program that works like a loan. It allows qualified seniors to defer a maximum of $5,000 per tax year (this includes 1st and 2nd installments) on their primary home. The loan from the State of Illinois is paid when the property is sold, or upon the death of the participant. You may find additional information at: cookcountytreasurer.com

Active Military

Military personnel on active duty are eligible to defer the payment of real estate taxes under the provisions of the Soldiers’ and Sailors’ Civil Relief Act, as amended.

This deferral extends to taxes becoming due in the period between your active duty and 180 days from the release from active duty.

Federal law permits interest on taxes deferred in the amount of 6% per annum instead of the interest and penalties imposed by state law. State law allows the local tax collector to waive the interest.

Cook County waives interest for a period of 180 days.

Disabled Veterans Homeowner Exemption

Veterans with a service-connected disability as certified by the U.S. Department of Veterans Affairs are eligible for this annual exemption.

It reduces by certain amounts the Equalized Assessed Value (EAV) on a disabled veteran’s primary residence, very likely lowering the tax bill.

To qualify, the veteran must be:

  • an Illinois resident who has served as a member of the United States Armed Forces on active duty or State active duty, a member of the Illinois National Guard or U.S. Reserve Forces and has been honorably discharged,
  • have at least a 30% service-connected disability certified by the U.S Department of Veterans Affairs,
  • own and occupy the property as the primary residence as of January 1, 2016,
  • have a total EAV of less than $250,000 for the primary residence, excluding the EAV of property used for commercial purposes or rented for more than six (6) months and
  • apply for this Exemption each tax year

A non-remarried surviving spouse of a disabled veteran may continue to receive this exemption if the same primary residence continues as such for the surviving spouse. Or, the non-remarried surviving spouse may transfer the exemption amount (or less) to a new primary residence.

Disabled Veterans Exemption Form (PDF)

Returning Veterans Exemption

Veterans returning from active duty in armed conflict are eligible to receive a $5,000 reduction in the equalized assessed value of their property only for each taxable year in which they return.

Returning Veterans Exemption Form (PDF)

Disabled Persons Exemption

This exemption provides disabled persons with an annual $2,000 reduction in the equalized assessed value (EAV) of the property.

To qualify the applicant must be:

  • disabled or become disabled during the Tax Year,
  • own or have a legal or equitable interest in the property, or a leasehold interest of a single-family residence,
  • occupy the property as the principal residence on January 1, 2016 and
  • be liable for the payment of property taxes.

If a person’s home previously received the Disabled Persons’ Homeowner Exemption and the taxpayer now resides in a facility licensed under the Nursing Home Care Act, his or her home is still eligible to receive this exemption provided:

  • the property is occupied by that person’s spouse, or
  • the property remains unoccupied.

Disabled Persons Exemption Form (PDF)


* Advertising Material: To the extent that the information in this post is interpreted as attorney advertising in accordance with the Illinois Rules of Professional Conduct or within the meaning of state bar rules from all other localities, this statement is made pursuant to those rules.

Specialties: Specialization claims are prohibited by Illinois Supreme Court Rules and we do not claim to be specialists. The content of this e-mail is organized and presented for the sole purpose of general information. None of the included content should be construed as legal advice. Viewing this e-mail or e-mailing the account holder does not create an attorney-client relationship. NOTICE: This page may be considered advertising material.


The Law Offices of Lora Fausett P.C. provides real estate law services including buying and selling, short sales, mortgage foreclosure defense and more.

For Information Call 630-858-0090


 

Cook County Overdue Tax Bills to Be Sold April 3

Cook County Seal

On April 3, 2017, overdue Cook County property tax bills will be sold at auction.

If your property tax bill payments are up to date, you have nothing to worry about.

If your Cook County property tax bill is delinquent, your unpaid tax bill can be sold at auction starting April 3rd. A buyer can purchase your unpaid property tax bill and you would owe them the tax money plus interest.

How to check your Cook County property tax status

If you want to check the status of you Cook County property taxes, you can visit the Cook County Treasurer’s Office website and search by Property Index Number (PIN) or search by address.

The Cook County Treasurer’s office also offers an informational brochure about how to avoid the April 3 property tax sale. (PDF)

Local organizations have conducted a push to inform property owners about the tax sale. “Reach out. Find out who it is in the community who owes this money,” said Cook County Treasurer Maria Pappas.

Cook County property tax grace period shortened

There has been some confusion in regards to the tax auction caused by the property tax grace period being cut from 12 months to 8 months. Some homeowners may not realize their tax bills are now subject to auction.

What to do if your name is on the list?

If your property is on the list, it is recommended that you immediately call an attorney in real estate law.

Two Cook County organizations are offering assistance to anyone who has legal questions:

WESTSIDE JUSTICE CENTER:
Phone: 773-940-2213
Website: http://westsidejusticecenter.com/

COOK COUNTY BAR ASSOCIATION:
Phone: 312-630-1157
Website: http://cookcountybar.org/


* Advertising Material: To the extent that the information in this post is interpreted as attorney advertising in accordance with the Illinois Rules of Professional Conduct or within the meaning of state bar rules from all other localities, this statement is made pursuant to those rules.

Specialties: Specialization claims are prohibited by Illinois Supreme Court Rules and we do not claim to be specialists. The content of this e-mail is organized and presented for the sole purpose of general information. None of the included content should be construed as legal advice. Viewing this e-mail or e-mailing the account holder does not create an attorney-client relationship. NOTICE: This page may be considered advertising material.


The Law Offices of Lora Fausett P.C. provide real estate law attorney services including mortgage foreclosure defense litigationshort sales and deeds in lieuloan modifications and workouts, and buying & selling assistance.

For Information Call 630-858-0090



High Property Taxes Sending Illinois Homeowners Towards a Cliff

Edge of Cliff

High property taxes in Illinois are hurting home values and pushing “Illinois toward a financial cliff” according to the The DuPage Policy Journal and Wirepoints.com writer Mark Glennon.

“I think we’re at the point where consumers are going to start concluding that buying real estate in Illinois, particularly homes, is not a safe bet because prices are, at best, flat if not going down.” – Mark Glennon, writer at wirepoints.com

DuPage County

In DuPage County, every single community has seen a drop in its home values, even cities with strong demand such as Naperville and Glen Ellyn.

They saw their home sale prices drop by an average of 19%. Homeowners in the hardest hit areas included Willowbrook, which saw a 48% decrease.

“A tipping point is at hand in Illinois,” wrote Glennon. “Potential homebuyers conclude they’ll never cash out whole because of increasing taxes and declining values.”

The causes

Homeowners are seeing excessive property taxes, increased costs, and stagnating wages.

Because of this, many are choosing to leave the Illinois, and in 2016 Illinois lost more residents than any other state. It has now had negative migration for three years straight and the numbers keep increasing.

“When you have a big state like Illinois, to lose population for three years in a row? That’s cause for alarm,” said William Frey of the Brookings Institute.

A study by Pew Charitable Trusts showed that since 2007, the average rate of personal income growth for Illinois residents is less than one percent. That makes it the worst income growth state in the Midwest and the 2nd lowest in the nation.

At the same time housing prices are decreasing and wages are stagnant, Illinois has the highest property taxes in the nation.

As crazy as it may sound, some have even said that Illinois is in danger of losing its position as the business capital of the Midwest.

It’s time for Illinois lawmakers to take action.


The Law Offices of Lora Fausett P.C. provide real estate law attorney services including short sales and deeds in lieuloan modifications and workouts, and buying & selling assistance.

For Information Call 630-858-0090


Sources:

Dropping home values, high property taxes push Illinois toward financial cliff – DuPage Policy Journal

Home Values Plummet Across DuPage County – Downers Grove Patch

Property taxes rapidly eroding DuPage home values – DuPage Policy Journal

Illinois’ property taxes highest in nation, study finds – Chicago Tribune

Illinoisans experiencing second-worst income growth in the nation – Illinoisnews.org

High property taxes a multilayered problem in Illinois – DuPage Policy Journal

Illinois loses more residents in 2016 than any other state – Chicago Tribune


* Advertising Material: To the extent that the information in this e-mail is interpreted as attorney advertising in accordance with the Illinois Rules of Professional Conduct or within the meaning of state bar rules from all other localities, this statement is made pursuant to those rules.

Specialties: Specialization claims are prohibited by Illinois Supreme Court Rules and we do not claim to be specialists. The content of this e-mail is organized and presented for the sole purpose of general information. None of the included content should be construed as legal advice. Viewing this e-mail or e-mailing the account holder does not create an attorney-client relationship. NOTICE: This page may be considered advertising material.


Senior Real Estate Tax Deferral in DuPage County

DuPage County real estate tax deferralDuPage County Illinois offers  senior citizen home owners the opportunity to participate in The Senior Citizens’ Real Estate Tax Deferral program.

This program can be extremely beneficial to many senior citizens in DuPage but very often they have not heard of the program.

We will provide you with the basic information and common questions about the program below.

If you have questions about real estate law, please call our office at (630) 858-0090.


 

What is the Senior Citizens’ Real Estate Tax Deferral program?

According to DuPage County Treasurer Gwen Henry, this program allows qualifying homeowners ages 65 and older to defer up to $5,000 in property taxes and any special assessments until the day the home is sold or to within a year of the owner’s death.

The State of Illinois will pay the real estate taxes. Repayment plus interest of 6% annually is made when the senior homeowner sells the property or within a year of the estate being settled.

 

Who is eligible for the Senior Citizens’ Real Estate Tax Deferral program?

To qualify for the program:

  • You must be age 65 by June 1st of the year for which the application is made.
  • You must have a household income of less than $55,000
    own and occupy the property.
  • You must have lived in Illinois in a qualifying property at least 3 years.
  • You must be liable for payment of real estate taxes on the property.
  • You cannot have any delinquent real estate taxes.
  • You must have fire and casualty insurance on the property.

 

What is the due date to qualify?

  • You must file your application by March 1st in the year your real estate taxes are due.

 

How can I apply for the deferral?

Applications and guidelines are available at the DuPage County Treasurers office: 421 N. County Farm Road, Wheaton, Illinois 60187

Forms can be requested by calling: (630) 407-5900

DuPage County Treasurers Office Website

 

What information will I need to provide?

  • Proof of age
  • Social security number
  • Proof of ownership of the residence
  • Copy of your homeowner’s insurance declaration page with evidence of payment
  • Other qualifying information.

 

DuPage County Senior Services Department

The DuPage County Senior Services Department also offers a number of programs directed at improving and protecting the lives of DuPage County senior citizens. They work to ensuring they receive the services for which they qualify. For additional information, please contact the Senior’s Unit at 630-407-6500 or 800-942-9412.

Contact our office with any questions about real estate law, foreclosure litigation, Social Security Disability, or Estate Law.