People ex rel. McGuire v. Cornelius 

Illinois Appellate Court
Civil Court
Tax Deeds
Citation
Case Number: 
2014 IL App (3d) 130288
Decision Date: 
Friday, January 23, 2015
District: 
3d Dist.
Division/County: 
Will Co.
Holding: 
Affirmed.
Justice: 
McDADE
(Court opinion corrected 2/2/15.) Court granted combined motion of Respondent challenging personal jurisdiction and seeking relief under Section 22-45 of Property Tax Code and section 2-1401 of Code of Civil Procedure. Court properly vacated order issuing tax deed to Petitioner, because Petitioner failed to fulfill notice requirements of Tax Code, by failing to include county clerk's address and phone number on Take Notices, in strict compliance with Tax Code. Failure of tax deed petitioner to give notices required by statute will neither divest court of in rem jurisdiction nor prevent it from finding that all necessary notices have been given and directing that a tax deed issue. In personam jurisdiction is not required her because property owners were identified and reasonable attempts required by statute were made to serve them with notice. (WRIGHT, concurring; SCHMIDT, dissenting.)