Claim of Failure to Redeem Property on Account of Not Receiving Notice of Tax Sale Was Rejected
In In re Application of the County Collector for Judgment & Sale Against Lands & Lots Returned Delinquent for Nonpayment of General Taxes for the Year 1977 & Prior Years, 184 Ill. App. 3d 1048, 1052, 540 N.E.2d 1077, 133 Ill. Dec. 211 (1989) (Shek), the trial court denied indemnity to the plaintiff, who argued on appeal that reversal was proper because she was the type of "unsophisticated property owner" whom the statute was designed to protect. Shek, 184 Ill. App. 3d at 1050.
Specifically, the plaintiff argued that she failed to redeem her property because she was burdened by rebuilding the structure on the subject property and traveling between the subject premises and an apartment in Des Plaines, Illinois.
She further stated that she believed her property taxes were being taken care of by means of her filing a bankruptcy petition and by making payments through an escrow account at her bank.
On review, the appellate court noted that the plaintiff had a high school education, had taken a course in real estate, and had been the sole owner of the subject property for a number of years prior to the tax sale. Shek, 184 Ill. App. 3d at 1052.
The court also observed the plaintiff's claim that she did not receive notice of the tax sale was unsupported by the record. Shek, 184 Ill. App. 3d at 1052.
Based on these findings, the appellate court determined that the plaintiff's failure to redeem her property was due to her own negligence. Shek, 184 Ill. App. 3d at 1052.