Got a Tax Deed Notice in Illinois? What It Means

What a tax deed notice in Illinois actually is

A tax deed notice is the document that tells a property owner somebody has gone to court to ask for a deed to their property because the taxes on it were sold and have not been redeemed. It is often headed "Take Notice", it arrives by mail and sometimes by a process server, and it is the most important piece of paper an owner in this position will receive.

This article is part of our guide to what happens when you are behind on property taxes in Illinois. Here we are looking only at the notice and the case behind it, because owners regularly put it aside believing it is an advertisement.

Two facts to hold on to before anything else. You still own the property when the notice arrives. And the date that matters to you is printed on the notice itself, not in any article, including this one.

Where the notice comes from

The sequence behind it runs roughly like this. Property taxes went unpaid. The county sold those taxes, and a buyer received a certificate. The owner did not redeem. At that point the certificate holder can petition the court for a tax deed, and the notice is part of what the law requires them to serve before a court will consider it.

So the notice is not the county writing to you. It is a private party telling you they have started a case, and doing so because a court will ask them to prove they did.

In Cook County those petitions are heard in the County Division of the Circuit Court. In the collar counties the case is filed in that county's circuit court. The court file is public, and it is where the real dates are.

The three things to do first

Read the whole notice and keep the envelope. Dates, parcel number, case number, the name of the petitioner. Photograph it before it goes anywhere.
Get the official redemption figure from the County Clerk. Not an estimate from a website. The Cook County Clerk's tax redemption page explains how to request the official Estimate of the Cost of Redemption, which states the amount and the date it is good through.
Talk to an attorney. The Clerk runs a Property Tax Redemption Legal Help Desk staffed by attorneys at no charge, which exists precisely because this process is difficult to follow alone.

Everything else can wait until those three are done.

Redemption is the owner's right

An owner can redeem sold taxes. It is a right the owner holds, not a concession anybody grants. What redemption requires is paying the amount the Clerk calculates, by the date the Clerk states, in the way the Clerk directs.

Three practical points:

Only the Clerk's figure counts. The amount grows while it is unpaid and it includes items an owner cannot compute at home. Ask for the document.
Partial payment is not redemption. Paying some of it does not pause a case. Ask the Clerk exactly what a full redemption requires for your parcel.
Redeeming ends the petition's basis. If the taxes are redeemed within the period the notice and the Clerk identify, the case for a deed falls away. What that means in your case is a question for your attorney and the court file.

Our guide on how to check your Cook County property tax status walks through looking the parcel up by PIN, and how the Cook County tax sale works explains the sale that produced the certificate in the first place.

It is not only a Cook County process

The mechanics are statewide, and the offices change with the county. The clerk of the county where the property sits issues the redemption figure; the circuit court of that county hears the petition. Our county pages set out where those offices are and what a sale in each looks like: Cook County, DuPage County, Will County, Lake County and Kane County.

If the property is outside the city and the owner has been dealing with a village as well as the county, those are separate counters with separate records, and both matter at a sale.

What the notice does not mean

It does not mean the property has been taken. A deed is issued by a court order, after a case, and the notice is the beginning of that case rather than the end.
It does not mean the house cannot be sold. A property with sold taxes on it can be sold, and what is owed comes out of the proceeds at closing, handled by the title company. What the owner needs is the accurate figure first.
It does not mean the amount is fixed. It grows. The Clerk's estimate carries a date for that reason.
It does not mean you have no case. Owners appear in these proceedings and are heard. Not appearing is the choice that costs the most.

Frequently asked questions

Is a tax deed notice the same as a foreclosure?

No. A foreclosure is a lender enforcing a mortgage. This is a tax certificate holder asking a court for a deed because property taxes were sold and not redeemed. Different creditor, different court division, different paperwork, and the two can exist against the same property at the same time.

Who tells me the exact amount I would have to pay?

The clerk of the county where the property sits. In Cook County, that is the County Clerk's tax redemption office, which issues an official Estimate of the Cost of Redemption stating the amount and the date through which it applies. No other source is authoritative, and no article can compute it.

Can I ignore it if I am planning to sell anyway?

That is the worst version of a sale, because the case keeps moving while the sale is being arranged and the owner loses leverage as it does. If selling is the plan, get the redemption figure, tell the title company early, and move on a real timetable rather than an assumed one.

If selling is one of the paths you are weighing

Selling a house as it stands to a private buyer is one option among several. Redeeming the taxes and keeping the property, refinancing, or listing with an agent are all still real choices, and which one fits depends on the figure the Clerk gives you and on numbers only you have.

Fair Value Investments is a private buyer purchasing for its own account. We buy houses with taxes owed against them, and what is owed is paid from the sale proceeds at closing by the title company. If you want to see what that looks like as a number, our page on selling a house with taxes owed on it explains how we look at a property in this position. Take whatever number you get to an attorney and compare it.

Important notice: Fair Value Investments (a d/b/a of Probate Professionals of America, LLC) is not associated with the government, and our service is not approved by the government or your lender. You may stop doing business with us at any time and may reject any offer. If you stop paying your mortgage, you could lose your home and damage your credit rating. We do not provide foreclosure-rescue, loan-modification, or credit-repair services and cannot promise to save your home or stop a foreclosure. For free help, contact a HUD-approved housing counselor at 1-800-569-4287 or consumerfinance.gov/find-a-housing-counselor.

About this article: it is general information written by a home buyer, not by a lawyer or a housing counselor. Fair Value Investments (a d/b/a of Probate Professionals of America, LLC) is a private real-estate investor and home buyer purchasing property for our own account. We are not a licensed real estate broker, not a law firm, not a lender, and not a government agency, and nothing here is legal, tax, or financial advice. Any offer is made at our discretion after we evaluate the property; a cash offer, if made, may be below market value. You are free to consult your own attorney, tax advisor, or a licensed real-estate professional before deciding. There is no fee to receive an offer and no obligation to accept.