Legal Question in Real Estate Law in Illinois

Re: HOA Assessment Collection on Foreclosed/Bank Owned Property

I'm not sure what you mean by "collect back assessments". If you are asking whether you can contest a prior assessment from which your property taxbill was derived, the answer is "yes", but with significant limitations AND, it is completely up to the discretion of the Assessor as to whether or not to grant such relief AND, there is no ability to appeal the decision by an Assessor who denies relief. "Certificates of Error" protests are generally only possible for the last 3 tax years (2005 would be the earliest year).

If you are asking whether you can get "refunds" on prior monies paid (for example, homeowner's exemptions which were never applied for, or senior's exemptions, etc.), the answer is "maybe". Prior exemptions can be applied for in the same way as described above. If refunds are issued, they would be paid back to the property owner by way of a refund check, NOT a credit on future taxes owed.

If you are looking to determine whether there are unpaid taxbills from prior years that were unpaid, you should contact the local county treasurer and ask that they provide you with the information. In Cook County, there is a form called an "Estimate of Redemption" that describes whether there are unpaid taxes and how much would need to be paid to bring the property up-to-date.

One other point, if a refund is issued for a Homeowner's Exemption that was not received in a prior tax year, there is a requirement that the property taxes were actually paid.

Re: HOA Assessment Collection on Foreclosed/Bank Owned Property

It's unclear what your question is asking. If you're an association that's owed assessments, there are circumstances that allow you to collect up to 6 months' worth of assessments from the purchaser at a judicial auction or the "REO" buyer from the bank. I think you have to get a judgment against the prior owner first though. Try contacting the foreclosing lender about it (if I have understood your question correctly).

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