Revenue and Taxation Code section 20640.5

(a)

The Controller may require as security for the postponement of property taxes pursuant to this chapter any of the following:
1.An assignment to the State of California of the remaining term of the claimant’s possessory interest.
2.A security interest in any improvement owned or leased by claimant located on the land which is subject to the possessory interest.
3.Any other additional security interest, created and perfected with respect to the rights of third persons in the manner provided by law for such type of security interest, which the Controller deems necessary to protect the interest of the state with regard to the repayment of postponed amounts by the claimant or a deceased claimant’s estate.

(b)

On the form supplied by the Controller, the claimant shall obtain the written consent of any coholder of the possessory interest and of the grantor of the possessory interest to the assignment by claimant of the remaining term of claimant’s possessory interest. The consent shall be in such form and contain such provisions as the Controller shall prescribe, and shall provide for written notice by the grantor of the possessory interest to the Controller of the occurrence of a default by the claimant under the terms of the instrument creating the possessory interest, a coholder or a prior recorded possessory interest holder which would result in the termination or diminution of claimant’s interest.
The term “grantor of the possessory interest,” as used in this section shall be deemed to include the fee owner of the real property subject to the possessory interest and the holders of all prior recorded unterminated possessory interests.

Source: Section 20640.5, https://leginfo.­legislature.­ca.­gov/faces/codes_displaySection.­xhtml?lawCode=RTC§ionNum=20640.­5.­ (accessed May 9, 2025).

Last Updated

Apr. 24, 2025

§ 20640.5’s source at ca​.gov