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Illinois Compiled Statutes

35 ILCS 200/22-80 (2026)

Order of court setting aside tax deed; payments to holder of deed

✓ current as of May 2026
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(35 ILCS 200/22-80)
    Sec. 22-80. Order of court setting aside tax deed; payments to holder of deed.
    (a) Any order of court vacating an order directing the county clerk to issue a tax deed based upon a finding that the property was not subject to taxation or special assessment, or that the taxes or special assessments had been paid prior to the sale of the property, or that the tax sale was otherwise void, shall declare the tax sale to be a sale in error pursuant to Section 21-310 of this Act. The order shall direct the county collector to refund to the tax deed grantee or his or her successors and assigns (or, if a tax deed has not yet issued, the holder of the certificate) the following amounts:
        (1) all taxes and special assessments purchased,
    
paid, or redeemed by the tax purchaser or his or her assignee, or by the tax deed grantee or his or her successors and assigns, whether before or after entry of the order for tax deed, with interest at the rate of 1% per month from the date each amount was paid until the date of payment pursuant to this Section;
        (2) all costs paid and posted to the judgment record
    
and not included in paragraph (1) of this subsection (a); and
        (3) court reporter fees for the hearing on the
    
application for tax deed and transcript thereof, cost of certification of tax deed order, cost of issuance of tax deed, and cost of recording of tax deed.
    (b) Except in those cases described in subsection (a) of this Section, and unless the court on motion of the tax deed petitioner extends the redemption period to a date not later than 3 years from the date of sale, any order of court finding that an order directing the county clerk to issue a tax deed should be vacated shall direct the party who successfully contested the entry of the order to pay to the tax deed grantee or his or her successors and assigns (or, if a tax deed has not yet issued, the holder of the certificate) within 90 days after the date of the finding:
        (1) the amount necessary to redeem the property from
    
the sale as of the last day of the period of redemption, except that, if the sale is a scavenger sale pursuant to Section 21-260 of this Act, the redemption amount shall not include an amount equal to all delinquent taxes on such property which taxes were delinquent at the time of sale; and
        (2) amounts in satisfaction of municipal liens paid
    
by the tax purchaser or his or her assignee, and the amounts specified in paragraphs (1) and (3) of subsection (a) of this Section, to the extent the amounts are not included in paragraph (1) of this subsection (b).
    If the payment is not made within the 90-day period, the petition to vacate the order directing the county clerk to issue a tax deed shall be denied with prejudice, and the order directing the county clerk to issue a tax deed shall remain in full force and effect. No final order vacating any order directing the county clerk to issue a tax deed shall be entered pursuant to this subsection (b) until the payment has been made.
(Source: P.A. 91-357, eff. 7-29-99.)

    
Notes of Decisions
Cited in 25 cases (9 in the last 5 years), 2000–2025 · leading case: In Re Application for Tax Deed, 723 N.E.2d 1186 (Ill. App. Ct. 2000).
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In Re Application for Tax Deed, 723 N.E.2d 1186 (Ill. App. Ct. 2000). · cites it 3× “The September 12, 1996, circuit court order that was the subject of the Rule 23 order required defendant to pay plaintiff an amount based upon section 22-80(a) of the Code (35 ILCS 200/22-80(a) (West 1996)). On April 6, 1998, the Jackson County circuit court held a hearing to…”
In re Woodruff, 600 B.R. 616 (Bankr. N.D. Ill. 2019). · cites it 3× “35 ILCS 200/21-310 ; 35 ILCS 200/22-80 ; 35 ILCS 200/22-95. It is clear, therefore, that the Equitable Remedy is contingent.”
In re Application of the Cnty. Collector, 2020 IL App (1st) 191464 (Ill. App. Ct. 2020). · cites it 5× “” ¶ 16 The trial court denied Blossom63’s motion to reconsider and ordered Blossom63 to provide Devonshire with the amount owed under section 22-80 of the Code (35 ILCS 200/22-80 (West 2016)). Section 22-80 requires a party who successfully contests the entry of a tax deed to…”
In re Application of the Cnty. Collector, 2022 IL 126929 (Ill. 2022). · cites it 2× “See 35 ILCS 200/22-80 (West 2016). Section 22-80 of the Tax Code requires a party who is successful in a challenge to an order to issue a tax deed to pay the tax deed grantee, or his or her successors and assigns (or, if a tax deed has not yet issued, the holder of the…”
In Re Cnty. Treasurer, 807 N.E.2d 1042 (Ill. App. Ct. 2004). “See 35 ILCS 200/22-80 (West 2000). Midwest claims that Jose stands to lose nothing if this court affirms denial of the petition, because Jose and Herminia have a cause of action against HomeSide for breach of the contractual duty to pay taxes.”
In Re Cnty. Treasurer, 813 N.E.2d 1101 (Ill. App. Ct. 2004). · cites it 2× “" 35 ILCS 200/22-80(b) (West 2002). Section 21-390 of the Tax Code also provides, pertinently: "The receipt of the redemption money on any property by any purchaser or assignee, on account of any forfeiture or withdrawal, or the return of the certificate of purchase, withdrawal…”
In Re Commings, 297 B.R. 701 (Bankr. N.D. Ill. 2003). “35 ILCS 200/22-80 (2002). The tax purchaser must also give notice to the property owner both that the petition has been filed and that the redemption period is about to expire, 35 ILCS 200/22-10 (2002).”
In re Application of the Cnty. Treasurer & ex officio Cnty. Collector, 2013 IL App (3d) 120999 (Ill. App. Ct. 2014). · cites it 3× “¶ 27 As its final point of contention on appeal, Nomanbhoy argues that the trial court erred in denying its emergency motion to vacate the July 11, 2012, order pursuant to section 22-80 (35 ILCS 200/22-80 (West 2010)) of the Property Tax Code.”
In re Application of the Cnty. Treasurer & ex officio Cnty. Collector of Cook Cnty., 2023 IL App (1st) 220070 (Ill. App. Ct. 2023). “§ 22-45) and section 2-1401 of the Code of Civil Procedure (735 ILCS 5/2-1401 (West 2016)) and issue an order directing DJJ to pay the reimbursement amount under section 22-80 of the Property Tax Code (35 ILCS 200/22-80 (West 2016)). Neldava filed an answer to the third amended…”
In re: The Application of the Douglas Cnty. Treasurer, 2014 IL App (4th) 130261 (Ill. App. Ct. 2014). · cites it 2× “We remand with directions for the trial court to amend its order to comply with section 22-80 and order respondents to pay the delinquent taxes owed. ¶ 50 III. CONCLUSION ¶ 51 We affirm the trial court’s judgment.”
In re Application of the Cnty. Treasurer & ex officio Cnty. Collector of Cook Cnty., 2023 IL App (1st) 220182 (Ill. App. Ct. 2023). “1-22-0182 the circuit court’s order issuing the tax deed and remand for calculation of payment to ALW pursuant to section 22-80 of the Property Tax Code (35 ILCS 200/22-80 (West 2016)). ¶ 28 Vacated and remanded with directions.”
In re Application of the Cnty. Treasurer & ex officio Cnty. Collector of Cook Cnty., 2023 IL App (1st) 221239 (Ill. App. Ct. 2023). · cites it 2× “35 ILCS 200/22-80 (West 2020). But that requirement arises in a very different procedural posture.”
Show all 25 citing cases →
— 35 ILCS 200/22-80(a) — 6 cases
In re Woodruff, 600 B.R. 616 (Bankr. N.D. Ill. 2019). “35 ILCS 200/21-310 ; 35 ILCS 200/22-80 ; 35 ILCS 200/22-95. It is clear, therefore, that the Equitable Remedy is contingent.”
In Re Application for Tax Deed, 723 N.E.2d 1186 (Ill. App. Ct. 2000). “The September 12, 1996, circuit court order that was the subject of the Rule 23 order required defendant to pay plaintiff an amount based upon section 22-80(a) of the Code (35 ILCS 200/22-80(a) (West 1996)). On April 6, 1998, the Jackson County circuit court held a hearing to…”
In re: The Application of the Douglas Cnty. Treasurer, 2014 IL App (4th) 130261 (Ill. App. Ct. 2014).
In re: The Application of the Douglas Cnty. Treasurer, 2014 IL App (4th) 130261 (Ill. App. Ct. 2014). “We remand with directions for the trial court to amend its order to comply with section 22-80 and order respondents to pay the delinquent taxes owed. ¶ 50 III. CONCLUSION ¶ 51 We affirm the trial court’s judgment.”
In re Application of the Cnty. Collector, 2022 IL App (5th) 160522-U (Ill. App. Ct. 2022).
— 35 ILCS 200/22-80(a)(1) — 1 case
In re Application of the Cnty. Collector, 2020 IL App (1st) 191464 (Ill. App. Ct. 2020). “” ¶ 16 The trial court denied Blossom63’s motion to reconsider and ordered Blossom63 to provide Devonshire with the amount owed under section 22-80 of the Code (35 ILCS 200/22-80 (West 2016)). Section 22-80 requires a party who successfully contests the entry of a tax deed to…”
— 35 ILCS 200/22-80(b) — 13 cases
In Re Cnty. Treasurer, 813 N.E.2d 1101 (Ill. App. Ct. 2004). “" 35 ILCS 200/22-80(b) (West 2002). Section 21-390 of the Tax Code also provides, pertinently: "The receipt of the redemption money on any property by any purchaser or assignee, on account of any forfeiture or withdrawal, or the return of the certificate of purchase, withdrawal…”
In re Application of the Cnty. Collector, 2022 IL 126929 (Ill. 2022). “See 35 ILCS 200/22-80 (West 2016). Section 22-80 of the Tax Code requires a party who is successful in a challenge to an order to issue a tax deed to pay the tax deed grantee, or his or her successors and assigns (or, if a tax deed has not yet issued, the holder of the…”
In Re Application for Tax Deed, 723 N.E.2d 1186 (Ill. App. Ct. 2000). “The September 12, 1996, circuit court order that was the subject of the Rule 23 order required defendant to pay plaintiff an amount based upon section 22-80(a) of the Code (35 ILCS 200/22-80(a) (West 1996)). On April 6, 1998, the Jackson County circuit court held a hearing to…”
In re Application of the Cnty. Treasurer & ex officio Cnty. Collector, 2013 IL App (3d) 120999 (Ill. App. Ct. 2014). “¶ 27 As its final point of contention on appeal, Nomanbhoy argues that the trial court erred in denying its emergency motion to vacate the July 11, 2012, order pursuant to section 22-80 (35 ILCS 200/22-80 (West 2010)) of the Property Tax Code.”
In re Application of the Cnty. Collector, 2020 IL App (1st) 191464 (Ill. App. Ct. 2020). “” ¶ 16 The trial court denied Blossom63’s motion to reconsider and ordered Blossom63 to provide Devonshire with the amount owed under section 22-80 of the Code (35 ILCS 200/22-80 (West 2016)). Section 22-80 requires a party who successfully contests the entry of a tax deed to…”
— 35 ILCS 200/22-80(b)(1) — 1 case
In re Application for Tax Deed (Ill. App. Ct. 2000).
— 35 ILCS 200/22-80(b)(2) — 2 cases
In re Application of the Cnty. Collector, 2020 IL App (1st) 191464 (Ill. App. Ct. 2020). “” ¶ 16 The trial court denied Blossom63’s motion to reconsider and ordered Blossom63 to provide Devonshire with the amount owed under section 22-80 of the Code (35 ILCS 200/22-80 (West 2016)). Section 22-80 requires a party who successfully contests the entry of a tax deed to…”
In re Application of the Cnty. Treasurer v. Robinson, 2025 IL App (1st) 240030-U (Ill. App. Ct. 2025).
— 35 ILCS 200/22-80(b)(l) — 1 case
In Re Application for Tax Deed, 723 N.E.2d 1186 (Ill. App. Ct. 2000). “The September 12, 1996, circuit court order that was the subject of the Rule 23 order required defendant to pay plaintiff an amount based upon section 22-80(a) of the Code (35 ILCS 200/22-80(a) (West 1996)). On April 6, 1998, the Jackson County circuit court held a hearing to…”
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