(1) Upon receipt of full payment for any
warrant, execution, or judgment for any tax administered by the Department, the
Department will issue a satisfaction of the lien of record. The Department will
record a Satisfaction and Release of Tax Lien with the clerk of the circuit
court in the county in which the original lien was filed and in any other
public record where the original warrant or a certified copy was recorded, if
different from where the original warrant was recorded. The satisfaction of a
judgment lien certificate will be accomplished by recording a Judgment Lien
Amendment Statement with the Department of State indicating that the Judgment
Lien Amendment Statement is a termination of the lien.
(2) The Department will record a Satisfaction
and Release of Tax Lien with the clerk of the court within 30 days of receipt
by the Department of payment in full. When payment in full has been tendered by
cash, payment will be deemed to have been made when received by the Department.
When payment in full has been tendered by certified check, cashier's check, or
other guaranteed banking instrument, payment will be deemed to have been made
when the instrument is received by the Department, unless cause arises for the
Department to believe that the instrument may not be honored, or has not been
honored. When payment in full has been tendered by personal check, payment will
be deemed to have been made when the Department confirms that the check has
been deposited as collected funds in the State Treasury.
(3) When the Department has filed a warrant:
(a) If the liability is subsequently
satisfied, the Department will file a Satisfaction of the warrant;
(b) If no warrant should have been filed, the
Department will file a Cancellation of the warrant and note therein that the
original was filed in error;
(c) If
a warrant was justified, but materially incorrect in some respect as filed, the
Department will file an amended warrant, which will reference the original
filing and the erroneous portion, and will retain the priority of the
original.
