diligent inquiry in Illinois

2022See id. § 22-45(4). ¶ 26 Significantly, section 22-45(4) serves as a basis for relief only if both of its express requirements are satisfied—that is, it applies only if a party with a recorded interest is not named in the published notice and the tax purchaser fails to exercise due diligence.

2018Id.

2026However, our supreme court has held that the diligent inquiry requirement is satisfied by “ ‘that kind of search or investigation which a diligent person, intent on ascertaining a fact, would usually and ordinarily make.’ ” Id. (quoting In re Sheltanya S., 309 Ill.

2025C. quoted caselaw and a dictionary in stating that the standard for a diligent inquiry was “ ‘that kind of search or investigation which a diligent person, intent on ascertaining a fact, would usually and ordinarily make’ ” (id. (quoting In re Sheltanya S., 309 Ill.

2025It “must be made in good faith to ascertain the truth.” Id. “[S]ection 22-15 requires a tax buyer to make a diligent inquiry to find and personally serve the occupant.” (Emphasis added.) Gacki v. La Salle National Bank, 282 Ill.

2020App. 3d 961, 964 (1996)). ¶ 15 A “diligent inquiry” is an inquiry “ ‘as full as the circumstances of the situation will permit.’ ” Id. ¶ 29 (quoting In re Application of the Douglas County Treasurer & ex officio County Collector, 2014 IL App (4th) 130261 ¶ 34 (hereinafter Ballinger) It “ ‘is that inquiry which a diligent person who is intent on discovering a fact would reasonably make.’ ” Id. ¶ 29 (quoting -5- 2020 IL App (2d) 190856-U In re Application of the County Treasurer & ex officio County Collector, 2011 IL App (1st) 101966, ¶ 44 ). ¶ 16 The Fourth District has held that a tax purchase

2011Compare Banco Popular, 335 Ill.App.3d at 212 , 269 Ill.Dec. 389 , 780 N.E.2d 1113 (a diligent inquiry is that inquiry which a diligent person who is intent on discovering a fact would reasonably make), with In re Application of the County Collector, 225 Ill.2d 208, 223-25 , 310 Ill.Dec. 890 , 867 N.E.2d 941 (2007) (citing Jones v. Flowers, 547 U.S. 220, 227-36 , 126 S.Ct. 1708 , 164 L.Ed.2d 415 (2006) (as a matter of due process, upon learning that the owner had not received notice, the State should have taken further reasonable steps to notify owner, but an open-ended search such as examining

2011Compare Banco Popular, 335 Ill.App.3d at 212 , 269 Ill.Dec. 389 , 780 N.E.2d 1113 (a diligent inquiry is that inquiry which a diligent person who is intent on discovering a fact would reasonably make), with In re Application of the County Collector, 225 Ill.2d 208, 223-25 , 310 Ill.Dec. 890 , 867 N.E.2d 941 (2007) (citing Jones v. Flowers, 547 U.S. 220, 227-36 , 126 S.Ct. 1708 , 164 L.Ed.2d 415 (2006) (as a matter of due process, upon learning that the owner had not received notice, the State should have taken further reasonable steps to notify owner, but an open-ended search such as examining

2025Application of County Treasurer, 216 Ill.

2002See In the Matter of the Application of the County Treasurer & ex officio County Collector of Cook County, Illinois for Order of Judgment & Sale Against Real Estate Returned Delinquent for the Year 1985 , 216 Ill.

2018The only grounds for which relief from the issuance of a tax deed can be sought pursuant to a section 2-1401 petition are as follows: “(1) proof that the taxes were paid prior to sale; (2) proof that the property was exempt from taxation; (3) proof by clear and convincing evidence that the tax deed had been procured by fraud or deception by the tax purchaser or his or her assignee; or 9 (4) proof by a person or party holding a recorded ownership or other recorded interest in the property that he or she was not named as a party in the publication notice as set forth in Section 22-20, and that t

2011Compare Banco Popular, 335 Ill.App.3d at 212 , 269 Ill.Dec. 389 , 780 N.E.2d 1113 (a diligent inquiry is that inquiry which a diligent person who is intent on discovering a fact would reasonably make), with In re Application of the County Collector, 225 Ill.2d 208, 223-25 , 310 Ill.Dec. 890 , 867 N.E.2d 941 (2007) (citing Jones v. Flowers, 547 U.S. 220, 227-36 , 126 S.Ct. 1708 , 164 L.Ed.2d 415 (2006) (as a matter of due process, upon learning that the owner had not received notice, the State should have taken further reasonable steps to notify owner, but an open-ended search such as examining

2021See Sutton, 2013 IL App (1st) 121975, ¶ 22 (finding that the plaintiff did not conduct a diligent inquiry as to the defendant’s whereabouts where the plaintiff made six failed attempts to serve the defendant at his residence but did not attempt service at his “easily obtainable business address”). ¶ 22 The plaintiffs nevertheless argue that they properly served Krishna at the Omaha address, citing to several provisions of the RLT Ordinance in support.

2017“A plaintiff seeking to serve a defendant pursuant to section 2-203.1 must strictly comply with the requirements of that provision, and a failure to conduct a diligent inquiry of the defendant’s location will result in improper service.” Sutton v. Ekong, 2013 IL App (1st) 121975, ¶ 19 (citing Mugavero v. Kenzler, 317 Ill.

2017“A plaintiff seeking to serve a defendant pursuant to section 2-203.1 must strictly comply with the requirements of that provision, and a failure to conduct a diligent inquiry of the defendant’s location will result in improper service.” Sutton v. Ekong, 2013 IL App (1st) 121975, ¶ 19 (citing Mugavero v. Kenzler, 317 Ill.

2017“A plaintiff seeking to serve a defendant pursuant to section 2-203.1 must strictly comply with the requirements of that provision, and a failure to conduct a diligent inquiry of the defendant’s location will result in improper service.” Sutton v. Ekong, 2013 IL App (1st) 121975, ¶ 19 (citing Mugavero v. Kenzler, 317 Ill.

2023See Capital Equity Land Trust #2140215 and Holdings Group, LLC, 2022 IL App (1st) 211511, ¶ 20 (“The notice must contain every essential statutory element, and if it omits even one, the deed issued pursuant to that notice will be void.”); In re Application of County Collector for Judgment, Order of Sale Against Lands, Lots Returned Delinquent for Nonpayment of General Taxes for Year 2009 (Sodeman v. Rock Island County Collector), 2015 IL App (4th) 140810, ¶ 42 (“because petitioner failed to conduct a diligent inquiry and comply with the Code’s notice requirements, he was not entitled to issuan

2022A diligent inquiry is that “ ‘which a diligent person who is intent on discovering a fact would reasonably make.’ ” Gupta, 2015 IL App (4th) 140810, ¶ 29 (quoting Glohry, 2011 IL App (1st) 101966, ¶ 44 ). “ ‘Whether the purchaser’s actions are sufficient to comprise due diligence in determining the identities of, and providing notice to, those who hold an interest in the property is a question of fact.’ ” Gupta, 2015 IL App (4th) 140810, ¶ 30 .

2023Nasolo, 364 Ill.

2012See Equity Residential Properties Management Corp. v. Nasolo, 364 Ill.

2016People v. A Parcel of Property Commonly Known as 1945 North 31st Street, Decatur, Macon County, Illinois, 217 Ill. 2d 481, 500 (2005).

2015People v. A Parcel of Property Commonly Known as 1945 North 31st Street, Decatur, Macon County, Illinois, 217 Ill. 2d 481, 500 (2005).

2013When the state of the law is doubtful or debatable, a lawyer will not be held responsible for failing to anticipate how the uncertainty will ultimately be resolved.” (Emphasis omitted.)); Wood v. McGrath, North, Mullin & Kratz, P.C., 589 N.W.2d 103, 106 (Neb. 1999) (“an attorney's judgment or recommendation on an unsettled point of law is immune from suit, and the attorney has no duty to accurately predict the future course of unsettled law”); Crosby v. Jones, 705 So. 2d 1356, 1358 (Fla. 1998) (“The rule of judgmental immunity is premised on the understanding that an attorney, who acts in good

2013When the state of the law is doubtful or debatable, a lawyer will not be held responsible for failing to anticipate how the uncertainty will ultimately be resolved.” (Emphasis omitted.)); Wood v. McGrath, North, Mullin & Kratz, P.C., 589 N.W.2d 103, 106 (Neb. 1999) (“an attorney’s judgment or recommendation on an unsettled point of law is immune from suit, and the attorney has no duty to accurately predict the future course of unsettled law”); Crosby v. Jones, 705 So. 2d 1356, 1358 (Fla. 1998) (“The rule of judgmental immunity is premised on the understanding that an attorney, who acts in good

2013When the state of the law is doubtful or debatable, a lawyer will not be held responsible for failing to anticipate how the uncertainty will ultimately be resolved.” (Emphasis omitted.)); Wood v. McGrath, North, Mullin & Kratz, P.C., 589 N.W.2d 103, 106 (Neb. 1999) (“an attorney's judgment or recommendation on an unsettled point of law is immune from suit, and the attorney has no duty to accurately predict the future course of unsettled law”); Crosby v. Jones, 705 So. 2d 1356, 1358 (Fla. 1998) (“The rule of judgmental immunity is premised on the understanding that an attorney, who acts in good

2013When the state of the law is doubtful or debatable, a lawyer will not be held responsible for failing to anticipate how the uncertainty will ultimately be resolved.” (Emphasis omitted.)); Wood v. McGrath, North, Mullin & Kratz, P.C., 589 N.W.2d 103, 106 (Neb. 1999) (“an attorney’s judgment or recommendation on an unsettled point of law is immune from suit, and the attorney has no duty to accurately predict the future course of unsettled law”); Crosby v. Jones, 705 So. 2d 1356, 1358 (Fla. 1998) (“The rule of judgmental immunity is premised on the understanding that an attorney, who acts in good

2020App. 3d 961, 964 (1996)). ¶ 15 A “diligent inquiry” is an inquiry “ ‘as full as the circumstances of the situation will permit.’ ” Id. ¶ 29 (quoting In re Application of the Douglas County Treasurer & ex officio County Collector, 2014 IL App (4th) 130261 ¶ 34 (hereinafter Ballinger) It “ ‘is that inquiry which a diligent person who is intent on discovering a fact would reasonably make.’ ” Id. ¶ 29 (quoting -5- 2020 IL App (2d) 190856-U In re Application of the County Treasurer & ex officio County Collector, 2011 IL App (1st) 101966, ¶ 44 ). ¶ 16 The Fourth District has held that a tax purchase

2020App. 3d 961, 964 (1996)). ¶ 15 A “diligent inquiry” is an inquiry “ ‘as full as the circumstances of the situation will permit.’ ” Id. ¶ 29 (quoting In re Application of the Douglas County Treasurer & ex officio County Collector, 2014 IL App (4th) 130261 ¶ 34 (hereinafter Ballinger) It “ ‘is that inquiry which a diligent person who is intent on discovering a fact would reasonably make.’ ” Id. ¶ 29 (quoting -5- 2020 IL App (2d) 190856-U In re Application of the County Treasurer & ex officio County Collector, 2011 IL App (1st) 101966, ¶ 44 ). ¶ 16 The Fourth District has held that a tax purchase

2026In addressing the question of the State’s compliance with the requirement that it perform a diligent inquiry prior to service by publication, the circuit court relied heavily on the decision of In re A.S.B., 293 Ill.

2011Thus, section 2-16(2) contemplates a trial court obtaining personal jurisdiction through service by publication only when the State has conducted a diligent inquiry to ascertain the respondent's location and last known address. ¶ 65 Although section 2-16(2) does not define what constitutes a diligent inquiry or search, the standard is recognized to be "that kind of search or investigation which a diligent person, intent on ascertaining a fact, would usually and ordinarily make." (Internal quotation marks omitted.) In re Sheltanya S., 309 Ill.App.3d 941, 956 , 243 Ill.Dec. 441 , 723 N.E.2d 744

2004Adams, 239 Ill.

2004Adams , 239 Ill.

2026C., 2011 IL 111083 , and In re C.K., 2023 IL App (5th) 230012 , were less relevant than In re A.S.B. because they dealt with the question of “what constitutes a ‘diligent search’ when the identity of the father is known.” The circuit court then explained that in both this case and In re A.S.B., “DNA testing was conducted on one possible putative father, and DCFS took active steps to develop more possible fathers through discussions with the mother.” Although the circuit court found that the State erred in failing to provide a more detailed affidavit, it concluded that, as in In re A.S.B., a “d

2026There, we observed that section 2-16(2) of the 9 Juvenile Court Act required DCFS to “ ‘adopt rules defining the requirements for conducting a diligent search.’ ” In re C.K., 2023 IL App (5th) 230012, ¶ 42 (quoting 705 ILCS 405/2-16(2) (West 2020)).