Lois, Inc. v. Halvorsen
| Decision Date | 02 September 1971 |
| Docket Number | Gen. No. 55122 |
| Citation | 275 N.E.2d 172,5 Ill.App.3d 149 |
| Parties | Petition of LOIS, INC., for Issuance of Tax Deed, Petitioner-Appellee, v. Willam T. HALVORSEN, Respondent-Appellant. |
| Court | United States Appellate Court of Illinois |
William T. Halvorsen, Chicago, for respondent-appellant.
Allan L. Blair, Chicago, for petitioner-appellee.
This is an appeal from an order of the Circuit Court allowing the petition of the tax purchaser, Lois, Inc., for a tax deed and directing the County Clerk to issue the tax deed. Prior to the order, Chicago City Bank and Trust Company as trustee under Trust No. 3988 was the legal title holder of the premises in question. The respondent, William T. Halvorsen, was the beneficiary of that trust. On appeal respondent contends that petitioner was not entitled to a tax deed because of its failure to give him notice of the proceedings. He also argues that the trial judge erred in not entering judgment on the pleadings in his behalf. The primary issue presented is whether respondent as a beneficiary of an Illinois land trust is a party with such an interest in the real estate as to require notice of the proceedings in accordance with the provisions of the Revenue Act, Ill.Rev.Stat., 1969, ch. 120 §§ 744 and 747.
The case began with the County Collector's application for judgment and order of sale for 1965 delinquent general real estate taxes. The 1965 taxes for the subject property had not been paid, and on March 7, 1967, the property was sold for delinquent 1965 taxes to petitioner's assignor and a certificate of purchase was issued. The normal two year period of redemption was extended to November 28, 1969 by the holder of the certificate of purchase. On July 1, 1969, a petition was filed by petitioner's assignor in the Circuit Court requesting the issuance of a tax deed. In December, 1969, petitioner filed an application accompanied by affidavits seeking an order for a tax deed. The application recited that petitioner had purchased the certificate of sale, and that the time for redemption had expired. It stated that the bank as trustee was legal title holder and had been served with notice; and that the occupants of the premises had also been given notice. The affidavit further recited that the person in whose name the real estate was last assessed for taxes was Charles Halvorsen (respondent's father); that Charles Halvorsen was dead, and notice had been sent to his last known address by certified mail. The affidavit finally stated that respondent had an interest in the real estate, but after diligent inquiry, he could not be located in Cook County, and that he had been served by certified mail, with the certified receipt card having been returned signed in respondent's name by W. H. Sommers.
On January 6, 1970, respondent filed an appearance and was given 20 days to file an answer to the petition, and petitioner was given 7 days in which to file a reply. Respondent filed an answer, but no reply was filed by petitioner. Respondent's answer recited that he had not received any notice of the proceedings; that he had not signed a receipt card; and that W. H. Sommers was not his agent. The answer also set forth that, because of a loan, the property had been placed in trust with Chicago City Bank and Trust Company, but that respondent was the sole owner of the property.
Prior to trial, respondent informed the court that his main defense was that he had not received notice of the proceedings. Robert Doemland then testified for petitioner that he was employed by Interstate Bond Company to check tax records, titles and to serve process in connection with tax deed purchases. Doemland personally served notice of the proceedings on the trustee bank and upon the occupants of the subject premises. He learned of the death of Charles Halvorsen in a conversation with respondent's wife. The witness subsequently informed respondent of the tax sale in a telephone conversation, and made an appointment to serve notice at respondent's law office. Respondent failed to...
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