Cambridge Investment Group v. First Chicago Bank

308 Ill. App. 3d 33
CourtAppellate Court of Illinois
DecidedSeptember 21, 1999
Docket1-96-1475
StatusPublished
Cited by1 cases

This text of 308 Ill. App. 3d 33 (Cambridge Investment Group v. First Chicago Bank) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Cambridge Investment Group v. First Chicago Bank, 308 Ill. App. 3d 33 (Ill. Ct. App. 1999).

Opinion

JUSTICE GORDON

delivered the opinion of the court:

This case comes before us on an appeal from a final judgment of the circuit court of Cook County holding a property tax sale pursuant to the Revenue Act of 1939 was a sale in error. The court sustained the protest of respondent First Chicago Bank of Ravenswood (Bank) to the petition of Cambridge Investment Group (Cambridge) for a tax deed and voided the sale of delinquent property taxes to Cambridge on the basis that the sale violated a statutory requirement that sales occur in consecutive order by permanent real estate index number (PIN) (see 35 ILCS 205/243 (West 1992)). 1 The court ordered the county clerk to pay to the “party redeeming” a refund of certain moneys that the Bank had deposited with the clerk as a redemption (of tax deficiency) under protest. Cambridge appeals, arguing that the circuit court had no jurisdiction to invalidate the sale and that, even if it had jurisdiction, its decision was erroneous. The Bank counters that the appeal is moot and the court’s decision was proper. For the reasons ■ given below, we dismiss the appeal.

FACTS

In December 1993 Cambridge filed a petition for tax deed to a parcel of property after purchasing the unpaid taxes on the land at the 1992 annual Cook County tax sale. The Bank, which held a mortgage on the property (Sacramento was the beneficiary of a trust that actually owned the property), redeemed the property under protest, contending that the proper procedures were not followed at the tax sale at which Cambridge purchased the taxes on the property. The case was tried between September and November 1994. In February 1995 the court rendered a memorandum decision denying the protest of the Bank. However, in January 1996 the court reconsidered its prior memorandum and order, and in February 1996 the court entered an order granting the Bank’s motion to vacate or modify the February 1995 judgment and sustaining the Bank’s protest. The following facts were adduced during the 1994 trial.

The case revolves around what occurred on March 20, 1992, during 2 the annual sale of delinquent taxes in Cook County. The parcels that are the subject of the instant appeal were assigned PINs 16-12-114-019 and -021. They were two of a group of seven, all of which it is undisputed were listed in the county records as being owned by an entity that was in bankruptcy. The entire group of seven was called at once, in PIN order, 3 on March 20. However, immediately after the auctioneer, Bob Lea, called the PIN for the last parcel of the group, he announced that the group was part of a bankruptcy estate, which the parties agree would prohibit the county from offering the taxes for sale.

Cambridge’s agent, Howard Weitzman, was in attendance at the time that the auctioneer so stated, and he objected orally from the floor that the parcels were no longer part of a bankruptcy estate and could be sold. There was some variance in the testimony as to what occurred next. Weitzman and Lea both testified that Lea told Weitzman that, because the parcels were in bankruptcy according to the county records, they could not be sold and that Weitzman should talk to someone else. The auction then resumed with the next PIN, as Weitzman left the room. Other bidders at the sale (Christ Athans, Greg Berkowitz, and Steven Deely) corroborated this version of events at trial. None of these witnesses testified to any announcement from the podium to the effect that the parcels could be offered later in the day.

However, Ron Marshall, a tax sale supervisor with the Cook County collector’s office, testified that when Weitzman objected, Lea stopped the sale, and Marshall calmed Weitzman down from the auctioneer’s podium and told him from the podium in front of the other buyers that the parcels could not be offered then, that Weitzman would have to talk to the legal department, and that if he could get the situation clarified, the parcels could be offered “later.” A third version of events came from Leo.Keryczynsky, general counsel for the Cook County collector’s office, who testified that Marshall temporarily stopped the sale and came to ask Keryczynsky’s advice as to what should be done regarding Weitzman’s objection. Keryczynsky testified that he told the auctioneer to tell the buyers “that upon [Keryczynsky’s] instructions, that parcel was not to be offered until [sufficient documentation] was provided to [Keryczynsky].”

At any rate, it is uncontradicted that after Weitzman objected during the auction he spoke first with Marshall, then with Keryczynsky. After speaking with the latter, Weitzman contacted an associate who obtained documents from the bankruptcy court and brought them to the county building, where the auction was taking place. These documents were presented to Keryczynsky, who then authorized Marshall to authorize Lea to “reoffer” the parcels. Keryczynsky stated that “reoffer” was not necessarily an accurate term, because it implied that the parcel had already been offered for sale once.

Keryczynsky, Marshall, Lea, Weitzman, and Athans testified that the parcels were not mentioned again until after the last regular sale of the day, at which point the auctioneer announced that there would be reoffers. Two persons testified differently. Steven Deely, a bidder at the sale, testified that to the best of his recollection the parcels were not reoffered on March 20 at all. However, Deely admitted that he had no independent recollection of the March 20 sale, and his testimony was based on a document he brought with him. He also admitted that he paid closest attention to the properties he intended to bid on, and he did not intend to bid on the properties in question. Berkowitz testified that the properties were offered during the regular sale day, at the end of a break.

It is uncontradicted (except for Deely’s testimony that the reoffer did not occur) that when Lea announced that the parcels would be reoffered, several of the regular bidders were present. However, no witness testified that everyone who was present when the properties were first called was present when the “reoffer” announcement was made. Only Cambridge and State Title bid on any properties in the group. Cambridge entered the only bid on the two parcels that are involved in this litigation, while State Title entered the only bid on four other parcels in the group. Because Cambridge was the sole bidder on the two parcels it purchased, it obtained the parcels at the maximum statutory penalty interest of 18% per six months. 4 It paid the county clerk $580,416.30 to purchase the taxes, including back taxes, interest, and penalties.

As previously noted, Cambridge petitioned the circuit court for a tax deed in December 1993 to the parcels on which it had purchased the taxes, and the Bank redeemed the taxes under protest in February and March 1994 by depositing $819,356.37 with the county clerk. The parties stipulated at trial that the Bank had an interest in the subject property sufficient to allow it “to make an effective redemption on the property.” The certificate of redemption under protest that the Bank filed alleged:

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Bluebook (online)
308 Ill. App. 3d 33, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cambridge-investment-group-v-first-chicago-bank-illappct-1999.