In re Application of the County Collector

Illinois Appellate Court
Civil Court
Tax Deeds
Citation
Case Number: 
2016 IL App (3d) 150712
Decision Date: 
Tuesday, November 1, 2016
District: 
3d Dist.
Division/County: 
Will Co.
Holding: 
Affirmed.
Justice: 
CARTER

Petitioner filed Section 2-14-1(f) petition to set aside a tax deed. Tax deed was voidable, not void, as trial court had subject-matter jurisdiction. If it was required to obtain FDIC's consent to sale or delinquent taxes or to issuance of a tax deed, that would not deprive court of subject-matter jurisdiction. Petitioner failed to establish due diligence, which is required for setting aside a nonvoid order; and failed to plead any of statutory grounds for setting aside a tax deed as provided in Section 22-45 of Property Tax Code. Court properly granted Section 2-619(a)(9) motion to dismiss petition to set aside tax deed. (HOLDRIDGE, concurring; McDADE, dissenting.)