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Article 2. Postponement of California Revenue And Taxation Code >> Division 2. >> Part 10.5. >> Chapter 2. >> Article 2.
Subject to the limitations provided in this chapter, a
claimant may file with the Controller, pursuant to Article 3
(commencing with Section 20621) of this chapter, a claim for
postponement from the State of California of a sum equal to, but not
exceeding, the amount of property taxes, as defined in Section 20584,
due on the residential dwelling for the fiscal year for which the
claim is made.
Upon approval of a claim described in Section 20601, the
Controller shall make payments directly to a county tax collector for
the property taxes owed on behalf of a qualified claimant. Payments
may, upon appropriation by the Legislature, be made out of the
amounts appropriated pursuant to Section 16180 of the Government Code
that are secured by a secured tax lien and obligation as specified
by Article 1 (commencing with Section 16180) of Chapter 5 of Division
4 of the Government Code.
The Controller shall prescribe the manner in which a
claimant eligible under this chapter, who for any reason is
incapacitated, may appoint his or her spouse or an authorized agent,
or have any such person appointed for such claimant, for all purposes
of claiming and receiving postponement of property taxes.
(a) The postponement of property taxes pursuant to this
chapter shall not affect the obligation of a borrower to continue to
make payments to a lender with respect to an impound, trust, or other
type of account described in Section 2954 of the Civil Code which
was established prior to the effective date of subdivision (b).
(b) Except where required by federal law or regulation and notwithstanding Sections 7153.2 and 7153.8 of the Financial Code, or in the case of a loan which is made, guaranteed, or insured by a federal government lending or insuring agency requiring the borrower to make payments to a lender with respect to an impound, trust, or other type of account described in Section 2954 of the Civil Code, or where this subdivision would impair the obligations of a loan agreement executed prior to the effective date of this subdivision, no lender shall require a borrower to maintain an impound, trust or other type of account with regard to taxes once such borrower has elected to postpone such taxes pursuant to this chapter and has first submitted to such lender evidence of tax postponement. Any payments made by such borrower, prior to the time of submission of such evidence of tax postponement, to such an impound, trust or other type of account with regard to taxes for any such period, if not previously used in payment or partial payment of such taxes, shall be refunded to such borrower within thirty days thereafter.
(b) Except where required by federal law or regulation and notwithstanding Sections 7153.2 and 7153.8 of the Financial Code, or in the case of a loan which is made, guaranteed, or insured by a federal government lending or insuring agency requiring the borrower to make payments to a lender with respect to an impound, trust, or other type of account described in Section 2954 of the Civil Code, or where this subdivision would impair the obligations of a loan agreement executed prior to the effective date of this subdivision, no lender shall require a borrower to maintain an impound, trust or other type of account with regard to taxes once such borrower has elected to postpone such taxes pursuant to this chapter and has first submitted to such lender evidence of tax postponement. Any payments made by such borrower, prior to the time of submission of such evidence of tax postponement, to such an impound, trust or other type of account with regard to taxes for any such period, if not previously used in payment or partial payment of such taxes, shall be refunded to such borrower within thirty days thereafter.
