In re Application for a Tax Deed

Illinois Appellate Court
Civil Court
Tax Deeds
Citation
Case Number: 
2018 IL App (5th) 170354
Decision Date: 
Tuesday, September 18, 2018
District: 
5th Dist.
Division/County: 
Washington Co.
Holding: 
Affirmed.
Justice: 
MOORE

In order to fall within the narrow exception to the general rule that a nonparty has no standing to file a Section 2-1401 petition, the nonparty must be injured by the judgment at the time of its entry. A nonparty to a tax deed proceeding that has such an interest in the property that it would be entitled to redeem the property would fit an exception to the general rule that a nonparty may not file a Section 2-1401 petition. As other Petitioner no longer had any interest in the property when he filed his Section 2-1401 petition, the principle os standing preclude him from bringing the petition. (GOLDENHERSH and OVERSTREET, concurring.)