{
  "id": 3523905,
  "name": "In re APPLICATION OF WILLIAMSON COUNTY COLLECTOR (G & H Investments, Petitioner-Appellant, v. Charles L. Brymer, et al., Respondents-Appellees)",
  "name_abbreviation": "G & H Investments v. Brymer",
  "decision_date": "1984-10-31",
  "docket_number": "No. 5\u201484\u20140198",
  "first_page": "408",
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  "last_updated": "2023-07-14T16:34:57.846352+00:00",
  "provenance": {
    "date_added": "2019-08-29",
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  "casebody": {
    "judges": [],
    "parties": [
      "In re APPLICATION OF WILLIAMSON COUNTY COLLECTOR (G & H Investments, Petitioner-Appellant, v. Charles L. Brymer, et al., Respondents-Appellees)."
    ],
    "opinions": [
      {
        "text": "JUSTICE KARNS\ndelivered the opinion of the court:\nPetitioner, G & H Investments, appeals from the judgment of the circuit court of Williamson County which denied its petition for a tax deed to real estate owned by respondents Charles L. Brymer and Fre\u00edda Brymer and subject to a mortgage held by respondent Eing City Federal Savings Association. The issue for our concern is the propriety of the trial court\u2019s ruling that the real estate had been validly redeemed following its sale to petitioner for failure of respondents to pay 1979 real estate taxes.\nAt the tax sale in October 1980, petitioner purchased three lots owned by the Brymers. On March 30, 1983, the instant petition was filed. The extended statutory period for redemption expired on July 15, 1983. After service of proper statutory notice, on July 11, 1983, Brymer delivered to the county clerk a personal check in the amount of $706.14 in order to redeem the lot on which his home is located.\nThe county clerk accepted the check as payment, and on that day delivered to Brymer a certificate of redemption. Brymer\u2019s check was dishonored upon presentment for payment, and on August 4, 1983, it was returned for insufficient funds. The county clerk notified Brymer that he could have until the next day to make good the payment or the redemption would have to be voided. Brymer sent another check for the same amount postmarked August 4. On August 8 the county clerk advised Brymer that his payment could not be accepted because the time for redemption had expired.\nOn August 15 Brymer filed a motion for extension of the redemption period, and on August 19 King City Federal Savings Association as mortgagee filed an objection to the petition for issuance of tax deed and prayed for an extension of the period of redemption so that it might redeem. It was stipulated that the mortgagee, on inquiring before July 15, was advised by the county clerk that the subject lot had been redeemed and the mortgagee received a copy of the certificate of redemption from the county clerk.\nThe trial court found that the acceptance of the first check and the issuance of the certificate of redemption by the county clerk constituted a valid redemption. The court further found that the redemption had not been revoked by any official act. Accordingly, the petition was denied.\nG & H Investments argues that section 253 of the Revenue Act (Ill. Rev. Stat. 1983, ch. 120, par. 734) does not authorize a taxpayer to redeem with a personal check. That section states that redemption shall be made \u201cby payment in legal money of the United States, or by cashier\u2019s check, certified check, post office money order or bank money order.\u201d Payment by personal check alone, however, will not cause a failure of redemption. In John Allan Co. v. Sesser Concrete Products Co. (1969), 114 Ill. App. 2d 186, 252 N.E.2d 361, the court held that acceptance of a personal check by the county clerk and the issuance of a certificate of redemption will effect a valid redemption. In that case the checks were honored upon presentment for payment. The court relied on Weiner v. Chicago Title & Trust Co. (1960), 21 Ill. 2d 69, 171 N.E.2d 50, which held that where the municipal officer accepts a check and does not insist on legal tender, or a bank draft or cashier\u2019s check, a proper payment is made for the purchase of special assessments where the check is honored for payment. Both cases left undecided what result would be reached if the check was returned dishonored.\nThe record is silent as to Brymer\u2019s knowledge of the status of his account at the bank. While it is true that Brymer is not blameless, the county clerk is also at fault in accepting a personal check contrary to the statutory direction. The entire problem would have been avoided had the clerk required redemption by one of the methods of payment set out in the statute. The problem is further compounded by the presence of the mortgagee, who was told that proper redemption had been effected and was mailed a copy of the certificate of redemption by the county clerk. When the county clerk accepts the property owner\u2019s personal check as payment, unconditionally, he relies on the credit of the owner. In the event of dishonor, the county clerk has a right of recourse against the property owner as drawer of the instrument under the Uniform Commercial Code. Ill. Rev. Stat. 1983, ch. 26, par. 3-507.\nUnder these unusual facts, which are unlikely to reoccur, we hold that a valid redemption was effected. Here, unlike the actions of the county clerk in Weiner v. Eder (1961), 22 Ill. 2d 408, 176 N.E.2d 777, the county clerk expressed no reservation, indicated no conditional nature of Brymer\u2019s payment, nor made any objection or protest to the medium of payment when it was presented. The county clerk further issued unconditionally a certificate of redemption that very day, four days before the redemption period was to expire. There is no evidence in this record to suggest bad intent on Brymer\u2019s part. Brymer has deposited with the county clerk a money order covering the amount needed to redeem, including costs, penalties and interest. While the tax purchaser will not receive the property, he will receive interest computed at 66% as of July 11, 1983, and costs, including sheriff\u2019s fees and costs of publication.\nFor these reasons, the judgment of the circuit court of Williamson County is affirmed.\nAffirmed.\nKASSERMAN and JONES, JJ., concur.",
        "type": "majority",
        "author": "JUSTICE KARNS"
      }
    ],
    "attorneys": [
      "Stanley W. Narusis, of Johnston City, for appellant.",
      "Mark J. Ballard, of Campbell, Furnall, Moore & Jacobsen, P.C., of Mt. Vernon, for appellee King City Federal Savings Association.",
      "James B. Bleyer, of Marion, for other appellees."
    ],
    "corrections": "",
    "head_matter": "In re APPLICATION OF WILLIAMSON COUNTY COLLECTOR (G & H Investments, Petitioner-Appellant, v. Charles L. Brymer, et al., Respondents-Appellees).\nFifth District\nNo. 5\u201484\u20140198\nOpinion filed October 31, 1984.\nRehearing denied December 5, 1984.\nStanley W. Narusis, of Johnston City, for appellant.\nMark J. Ballard, of Campbell, Furnall, Moore & Jacobsen, P.C., of Mt. Vernon, for appellee King City Federal Savings Association.\nJames B. Bleyer, of Marion, for other appellees."
  },
  "file_name": "0408-01",
  "first_page_order": 430,
  "last_page_order": 432
}