12-401.Right of State as judgment creditor.
Article XII. Judgments - Enforcement · Part 4. Redemption by State · Not amended since adoption on record · Last verified July 20, 2026
Full Text of 735 ILCS 5/12-401
Plain-English Summary
When land subject to a state lien is sold at a judicial or judgment sale, and the state's lien ranks behind the lien being enforced by that sale, the State still has a right to redeem the property. Section 12-401 puts a clock on that right. The State's right to redeem ends 12 months after a certified copy of the sale certificate is filed for record, in the recorder's office for unregistered land or the registrar of titles for registered land.
The section builds in a service requirement tied to that filing. The certified copy has to carry an endorsement by the State's Attorney of the county (or an assistant) showing that a copy of the certificate was served on that office; once that service happens, it is the State's Attorney or assistant, not a separate recording official, who makes the endorsement. Service can be made by registered or certified mail through the U.S. Postal Service, which spares the parties from needing personal service on a state office.
The section carves out one category of sale entirely: judgment-of-foreclosure sales handled under Article XV of this Act are outside this 12-month redemption-by-state framework, since foreclosure sales carry their own redemption rules.
Frequently Asked Questions
When does the State's right to redeem expire under this section?
It ceases 12 months after the date a certified copy of the sale certificate is filed for record with the recorder (for unregistered land) or the registrar of titles (for registered land).
What lien position must the State hold for this section to apply?
The State's lien or claim for lien must be junior and inferior to the lien being enforced or foreclosed through the sale in question.
Who makes the endorsement showing service on the certified copy?
The State's Attorney of the county, or his or her assistant. A copy of the sale certificate must be served on that office, and once service is shown, the State's Attorney or assistant is the one who makes the endorsement, not the county recorder or registrar of titles.
How can the certificate be served on the State's Attorney's office?
Section 12-401 allows service by United States registered or certified mail.
Does this section apply to foreclosure sales under Article XV?
No. The section expressly excepts sales had by virtue of a judgment of foreclosure in accordance with Article XV of this Act.
Amendment History
(Source: P.A. 84-1462.)