Hawkeye Invs. Ltd. P'ship v. Lanz (In re County Treasurer)

In Hawkeye Invs. Ltd. P'ship v. Lanz (In re County Treasurer), 378 Ill. App. 3d 842, 854, 881 N.E.2d 576, 587, 317 Ill. Dec. 408 (2007), the Court extended the redemption period based on general principles of equity given the property owner's detrimental reliance on erroneous statements made by the clerk's office. Hawkeye, 378 Ill. App. 3d at 843, 881 N.E.2d at 578. The Hawkeye court reasoned that courts possess "the power to extend the period of redemption in cases where the delay in payment occurred as a direct result of erroneous information promulgated by the clerk's office." Hawkeye, 378 Ill. App. 3d at 849, 881 N.E.2d at 583. The clerk's error in Hawkeye was informing the property owner, who was out of town but contacted by telephone, that a $ 22.48 deficiency resulting after the owner's payment of the full amount reflected on the estimate could be paid on the next business day after the redemption period expired. Hawkeye, 378 Ill. App. 3d at 845, 881 N.E.2d at 579. The property owner relied on the clerk's representation that the deficient amount could be paid on the next business day after the redemption period expired. Hawkeye, 378 Ill. App. 3d at 849, 881 N.E.2d at 583. The Court in Hawkeye affirmed the trial court's finding that since the property owner "tendered payment to the clerk before the deadline, although it was not in the correct amount, and that she later acted in reliance on the information given to her by the clerk's office in the phone conversation," equitable redemption was warranted. Hawkeye, 378 Ill. App. 3d at 845, 881 N.E.2d at 580.