Eye On Illinois: File tax sale reform bill under ‘better late than never’

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As expected, the last weekend of the regular spring legislative session was unkind to writers with print deadlines and word limits, but lawmakers did advance at least one familiar topic by passing House Bill 4537 to change rules for property tax debt sales.

Loyal readers know Illinois has lagged the nation on dealing with the implications of a 2023 U.S. Supreme Court ruling that established local governments cannot take ownership of a delinquent property and sell it without compensating the original owner for their equity. Just last month U.S. District Judge Matthew Kennelly said Cook County should pay millions of dollars to thousands of former homeowners for violating their Fifth and Eighth amendment rights.

So the reform is obviously well overdue. But at least it’s also confusing!

According to Capitol News Illinois, the plan gets the biggest detail (mostly) correct: “if a homeowner fails to pay their debt in an initial redemption period, and their property is seized and sold, they will receive any surplus funds left over from the auction.”

This is all anyone really wanted, a means for people to at least get out the money they put in. There’s no meaningful argument to allow retained possession without ever paying property taxes, but neither was it proper to allow companies to take control of the full value of a home through the tax sale process.

But the bill also creates a six-year pilot program where Cook County – and only Cook County – can buy the tax debt itself on up to 100 “low-tax, homestead properties” per CNI, then submit an annual report outlining what happens to the certificates the county acquires and specifically how taxing districts and property owners are compensated.

State Sen. Chapin Rose, R-Mahomet, the lone Senate vote against the change, clearly explained his concerns in a quote given to CNI Friday: “In six years, Cook County’s going to do something completely different than the other 101 counties in Illinois, and I just don’t think that that makes sense,”

The bill also would create a surplus equity fund to help people who have lost their homes in the last two years (anything before that and you’re out of luck, it seems) with the money for said fund coming from a new set of fees charged to the companies that buy taxes.

Rose, along with state Rep. Steven Reick, R-Woodstock, expressed concerns the fee structure would disincentivize purchasing outstanding tax debt. While I’ve long been critical of Illinois’ clearly inadequate rules, it’s hard to fault companies playing by those rules and at the very least fair to acknowledge their role in getting governments their expected revenue.

This likely isn’t the final word, but it was long past time for progress.

• Scott T. Holland writes about state government issues for Shaw Local News Network. He can be reached at sholland@shawmedia.com.

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June 2, 2026 at 10:07AM

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