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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

In one sentenceSets a 12-month deadline for the State of Illinois to redeem real estate sold at a judicial or judgment sale when the State holds a junior lien on the property, running from when the State records its certificate of sale.

Full Text of 735 ILCS 5/12-401

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Except as to any sale had by virtue of a judgment of foreclosure in accordance with Article XV of this Act, whenever any real estate has been or is sold at a judicial or judgment sale and such real estate is then subject to a lien or claim for lien in favor of the People of the State of Illinois, which is junior and inferior to the lien so enforced or foreclosed by or through that sale, the right of the State to redeem by virtue of its lien from that sale or from the lien so foreclosed or enforced ceases and terminates at the end of 12 months from the date upon which it is filed for record in the Office of the recorder for the County in which the lands so sold are situated, if such lands are unregistered, or in the Office of the Registrar of Titles for such County, if such lands are registered, a certified copy of the original or duplicate recorded or registered certificate of such sale, such certified copy being endorsed by the State's Attorney of such County, or his or her assistant, showing service of a copy of such certificate upon him or her, and upon such service such officer shall make such endorsement. Service may be made by United States registered or certified mail.

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.)

Source & verification. Section text and amendment history are reproduced verbatim from the Illinois Compiled Statutes, published by the Illinois Compiled Statutes, Illinois General Assembly / Legislative Reference Bureau. Last verified July 20, 2026. · Official source
Also known as: illinois state redemption real estate judicial salestate lien redemption deadline illinoiscertificate of sale filing state redemption illinoisstate's attorney service certificate of sale illinois