Cook County back taxes/forfeited taxes resolved during closing?

[Davis C.]

If there is a property with several years of open back taxes, with a few years forfeited (offered at sale but not purchased), do they need to be paid off before closing?

Or can it be handed like normal, with the debt prorated and credited to the buyer? I assume that would be ok, but since the penalties keep adding up every month, it would add complications.

[Chris Titcomb]

If you negotiated the back taxes to be paid by the buyer during attorney review, that’s how they’ll get handled; the buyer will pay. But assuming that wasn’t negotiated, the seller will need to pay them off at closing because (1) the standard chicago multi board contract calls for the seller to convey marketable title at closing and (2) the title company will require the taxes are paid at closing so that the title exception for unpaid taxes can be waived/cleared. So yes, they’ll definitely need to be paid at closing in order for the seller to convey clean title; in all likelihood by the seller.