Trolard v. Bauer

571 N.E.2d 252, 212 Ill. App. 3d 446, 156 Ill. Dec. 665, 1991 Ill. App. LEXIS 699
CourtAppellate Court of Illinois
DecidedMay 2, 1991
DocketNo. 5—90—0117
StatusPublished
Cited by2 cases

This text of 571 N.E.2d 252 (Trolard v. Bauer) 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
Trolard v. Bauer, 571 N.E.2d 252, 212 Ill. App. 3d 446, 156 Ill. Dec. 665, 1991 Ill. App. LEXIS 699 (Ill. Ct. App. 1991).

Opinion

JUSTICE HARRISON

delivered the opinion of the court:

Petitioner, Richard J. Trolard, d/b/a Tax Investment, appeals from the judgment of the circuit court of St. Clair County which denied his petition for a tax deed to real estate owned by respondent Michael Bauer and subject to a mortgage held by respondent New Athens Savings and Loan Association. The issue on appeal is whether the real estate was validly redeemed following its sale to petitioner for failure of respondents to pay 1985 real estate taxes.

At the tax sale in April 1987, petitioner purchased the lot owned by respondent Bauer. The redemption cost estimate received by respondent Bauer and dated April 24, 1989, bore the heading “OFFICE OF JANICE D. DELANEY County Clerk, St. Clair Countyf,] Belle-ville, Hlinois 62220,” listed the total cost of redemption at $2,139.83 and further stated:

“This Estimate is Subject To Correction Make Remittance Payable To County Clerk
(PERSONAL CHECKS NOT ACCEPTED)
CASH, MONEY ORDER, CASHIER’S CHECK ONLY”

On May 22, 1989, the instant petition was filed. The extended statutory period for redemption expired on October 20,1989.

On approximately October 16, 1989, respondent Bauer mailed his personal check, post-dated to October 20, 1989, and made payable to “Paul M. Haas County Collector” in the amount of $2,139.83 within an envelope addressed to “Paul M. Haas County Collector.” This payment was received sometime after October 16 by the county treasurer’s office and delivered to the county clerk’s office on October 23, 1989. By written notice dated October 25, 1989, the county clerk advised respondent Bauer, that his payment could not be accepted because the time for redemption had expired and because the amount of payment was insufficient.1

Following a hearing on November 8, 1989, and the submission of memoranda by the parties, the trial court, on January 26, 1990, entered its order denying petitioner’s request for a tax deed and finding, inter alia:

“1. Michael Bauer mailed his personal check in the amount of TWO THOUSAND ONE HUNDRED THIRTY-NINE DOLLARS EIGHTY-THREE CENTS ($2,139.83) made payable to ‘Paul M. Haas, County Collector’ to the St. Clair. County Treasurer’s Office on October 16, 1989 and said payment was received in the Treasurer’s Office on October 17,1989.
* * *
4. Bauer had previously paid his real estate taxes on at least one occasion for prior years by personal check to the St. Clair County Treasurer after the due date for the second installment, despite the fact that the tax bills indicate personal checks will not be accepted by the Treasurer for such payments.
* * *
8. Payment, although the amount may have been deficient, was made in a timely fashion since it was mailed prior to expiration of the redemption period.
9. Bauer reasonably expected his personal check for redemption would be accepted and reasonably believed he had satisfactorily redeemed his residence.”

Petitioner argues that section 253 of the Revenue Act (Ill. Rev. Stat. 1989, ch. 120, par. 734) does not authorize a taxpayer to redeem with a personal check. That section states that redemption shall be made “by payment in legal money of the United States, or by cashier’s check, certified check, post office money order or money order issued by a financial institution.” Ill. Rev. Stat. 1989, ch. 120, par. 734.

Payment by personal check alone, however, will not cause a failure of redemption. (In re Application of Williamson County Collector (1984), 128 Ill. App. 3d 408, 409, 470 N.E.2d 1193, 1195.) In In re Application of Williamson County Collector, 128 Ill. App. 3d at 409, 470 N.E.2d at 1195, this court held that acceptance of a personal check by the county clerk and the issuance of a certificate of redemption effected a valid redemption. (See also John Allan Co. v. Sesser Concrete Products Co. (1969), 114 Ill. App. 2d 186, 252 N.E.2d 361; Weiner v. Chicago Title & Trust Co. (1960), 21 Ill. 2d 69, 171 N.E.2d 50.) This court noted, however, that the county clerk was at fault for accepting a personal check contrary to the statutory direction and stated “[t]he entire problem [resulting when defendant’s check was returned dishonored] would have been avoided had the clerk required redemption by one of the methods of payment set out in the statute.” In re Application of Williamson County Collector, 128 Ill. App. 3d at 410, 470 N.E.2d at 1195.

Unlike the county clerk in In re Application of Williamson County Collector, the county clerk in the instant case did not accept payment and issue a certificate of redemption, but immediately returned respondent Bauer’s personal check, citing the insufficiency of its amount and the untimeliness of its receipt. Although no specific objection to the medium of payment was made, Láveme RusseU, chief deputy of the office of the St. Clair County clerk, testified that respondent Bauer’s personal check would not have been accepted even if it had been received within the redemption period and made out for the correct amount, because it was the firm policy of the county clerk never to accept personal checks.

Based on these facts, we find the supreme court’s decision in Weiner v. Eder (1961), 22 Ill. 2d 408, 176 N.E.2d 777, to be controlling. In Eder, the property owner attempted redemption by depositing a personal check with the county clerk one day before the expiration of the redemption period. The Eder court held that redemption had not occurred where the county clerk gave the owner only a conditional receipt for the check and did not post the amount thereof in the redemption records or issue a certificate of redemption until the check had cleared, which was some days after the redemption period had expired. Similarly here, assuming, arguendo, timely receipt of respondent Bauer’s personal check, redemption was not effected where the county clerk refused to accept the check and did not issue a certificate of redemption before the expiration of the redemption period.

Respondents argue that the “government of St. Clair County” should be estopped from refusing to accept a personal check from respondent Bauer where the St. Clair County treasurer’s office had previously accepted respondent Bauer’s personal checks in payment for real estate taxes, in violation of the policy stated on the tax bills. Respondents contend that based on these actions by the treasurer’s office, the trial court correctly found that respondent Bauer “reasonably expected his personal check for redemption would be accepted.” We disagree.

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Bluebook (online)
571 N.E.2d 252, 212 Ill. App. 3d 446, 156 Ill. Dec. 665, 1991 Ill. App. LEXIS 699, Counsel Stack Legal Research, https://law.counselstack.com/opinion/trolard-v-bauer-illappct-1991.