Hawkeye Investment Ltd. Partnership v. Lanz

881 N.E.2d 576, 378 Ill. App. 3d 842, 317 Ill. Dec. 408, 2007 Ill. App. LEXIS 1368
CourtAppellate Court of Illinois
DecidedDecember 28, 2007
Docket1-06-3387 Rel
StatusPublished
Cited by21 cases

This text of 881 N.E.2d 576 (Hawkeye Investment Ltd. Partnership v. Lanz) 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
Hawkeye Investment Ltd. Partnership v. Lanz, 881 N.E.2d 576, 378 Ill. App. 3d 842, 317 Ill. Dec. 408, 2007 Ill. App. LEXIS 1368 (Ill. Ct. App. 2007).

Opinion

JUSTICE JOSEPH GORDON

delivered the opinion of the court:

Petitioner-appellant, Hawkeye Investments Limited Partnership (Hawkeye), purchased property belonging to respondent-appellee, Lisa Lanz, at a 2002 tax sale due to Lanz’s failure to pay her taxes for the year 2000. Lanz then sought to redeem the property. Although her payment fell short by $22.48 on the date that the period of redemption expired, the trial court ruled that she was entitled to an equitable redemption and extended the time she had to pay the outstanding debt. It is this ruling which Hawkeye now challenges in its appeal. For the reasons that follow, we affirm.

I. BACKGROUND

It is undisputed by the parties that in 2000, Lanz was the owner of residential property located at 5300 South Shore Drive, Unit 105, Chicago, Illinois, 60615 (currently identified as permanent index number 20 — 12—112—069—1071). Lanz failed to pay real estate taxes for the property for the year 2000. As a result, the property was put up for auction at the Cook County annual tax sale held on April 11, 2002, where it was purchased by Hawkeye. The validity of the tax sale is not challenged, nor is Hawkeye’s compliance with all relevant provisions of the Property Tax Code (35 ILCS 200/1 — 1 et seq. (West 2006)). The period of redemption for the property was set to expire on February 24, 2005.

As evidenced by sheriff’s returns of service in the record, the sheriff personally served take notices on Lanz on October 26, 2004, and November 8, 2004. These notices informed Lanz that the property had been sold due to tax delinquency and that she had until February 24, 2005, to redeem the property. The notices further state:

“The amount to redeem is subject to increase at 6 month intervals from the date of sale and may be further increased if the purchaser at the tax sale or his or her assignee pays any subsequently accruing taxes or special assessments to redeem the property from subsequent forfeitures or tax sales. Check with the county clerk as to the exact amount you owe before redeeming.”

Farther down the page, in bold print and set apart from the main text, is the message: “YOU ARE URGED TO REDEEM IMMEDIATELY TO PREVENT LOSS OF PROPERTY.”

On March 28, 2005, Hawkeye filed an application for an order directing the county clerk to issue a tax deed. In the application, Hawkeye alleged that there had been no redemption of the property within the legal time limit; it therefore requested that it be issued the deed to the property.

In her answer to Hawkeye’s application, Lanz contended that she had redeemed the property in timely fashion and thus requested that Hawkeye’s application for a deed be dismissed with prejudice. According to her allegations, she received an estimate of redemption on or about December 9, 2004, a copy of which is attached to her answer. She does not allege that the estimate was inaccurate at the time it was given to her. On or about February 23, 2005, Lanz forwarded funds to the county clerk in the amount stated on the estimate, and the clerk received the funds before the period of redemption had expired. However, after the redemption period was over, the clerk returned Lanz’s payment because the amount required to redeem had increased by $22.48 since the estimate had been prepared. Lanz nevertheless asserted that her timely tender of funds in the amount specified by the clerk in the estimate constituted a redemption of the property.

On the estimate of redemption that Lanz received, $4,169.42 is listed as the grand total. Directly underneath is the text: “NOTE: THE GRAND TOTAL IS SUBJECT TO INCREASE.” The document elsewhere states, in small print, “SUBSEQUENT TAXES ARE PAID BY THE TAX PURCHASER AND ARE SUBJECT TO ANNUAL INCREASE FROM THE DATE THEY ARE PAID” and “FEES: ARE SUBJECT TO INCREASE AS PAID BY THE TAX PURCHASER.”

The court held a hearing on Hawkeye’s application on February 23, 2006. Under examination by her own counsel, Lanz testified that she and her former husband purchased the property at issue in 1982 and that full ownership was transferred to her pursuant to divorce proceedings in 1995. While she does not currently reside there, her elderly parents do on a part-time basis. The tax bills for the year 2000 were sent to her ex-husband, and Lanz herself was not contacted; as a result, she did not learn of the tax delinquency until December 2004.

Upon being informed of the delinquency, Lanz went to the county clerk’s office on December 9, 2004, and received the estimate of redemption listing her debt as $4,169.42. On February 18, 2005, Lanz made payment to the clerk’s office in the listed amount. She explained that the reason she delayed making her payment for so long was that she was experiencing health problems which eventually led to a diagnosis of breast cancer.

Lanz then testified that on February 23, the day before the period of redemption was set to expire, she received a voice mail message from a woman working at the clerk’s office who identified herself as Lillian. At the time, Lanz was in California. Since she did not receive the message until evening when it was after hours, she waited until the next day, a Friday, to call back. At that time, Lillian informed her that her payment fell short by around $20. Then, according to Lanz, the following exchange took place: “She [Lillian] said, you know, ‘No problem, you can bring the money in on Monday morning.’ I said, T will be there first thing Monday morning.’ And she said, ‘No rush.’ ” Hence, on the following Monday, Lanz brought the money in to the clerk’s office. However, she testified, the office refused to accept it, because the date for redemption had passed.

At the close of testimony, the court found that Lanz was not a repeated delinquent, but rather “a taxpayer who has continuously made her payments, made them on time, has been a good landowner” except for the incident at hand. The court further found that Lanz tendered payment to the clerk before the deadline, although it was not in the correct amount, and that she later acted in reliance on the information given to her by the clerk’s office in the phone conversation. Due to these circumstances, as well as the credibility of Lanz’s uncontested testimony, the court stated that an equitable redemption was warranted.

The following day, the court issued an order finding that Lanz “has the equitable right to redeem the 2000 general taxes for the subject property.” It ordered the county clerk to prepare a new estimate of redemption and gave Lanz 14 days from the date she received the estimate to redeem the property. Subsequently, on March 24, the court found that Lanz had redeemed the property by tendering payment in full on March 8. It therefore issued an order denying Hawkeye’s application for a tax deed. Hawkeye now appeals from both of these orders.

II. ANALYSIS

The key issues we are presented with are whether the court had power to extend the statutory period of redemption under general equitable principles and, if so, whether the facts of this case warrant such an extension. Hawkeye presses us to answer both questions in the negative. We disagree on both counts.

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Bluebook (online)
881 N.E.2d 576, 378 Ill. App. 3d 842, 317 Ill. Dec. 408, 2007 Ill. App. LEXIS 1368, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hawkeye-investment-ltd-partnership-v-lanz-illappct-2007.