SECTIONS 16200-16202 - California Statutes

GOVERNMENT CODE

SECTION 16200-16202

16200. In the event that the Controller receives the notice
described in Section 16187 of this code or Section 3375 of the
Revenue and Taxation Code, the Controller may take any of the
following actions which will best serve the interests of the state:
(a) Out of the amount appropriated by Section 16100, the
Controller may pay the amount of any delinquent taxes, interest, or
penalties on the property or the amount of any other obligation
secured by a lien or encumbrance on the property and add such amount
to the amount secured by the lien on such property provided for in
Article 1 (commencing with Section 16180) of this chapter.
(b) Notify by United States mail the tax collector or other party
that such notice has been received and that the Controller must be
given at least 20 days prior notice of the date that the property
will be sold at auction. If the Controller elects to proceed under
this subdivision, the Controller may use funds appropriated by
Section 16100 to bid on the property at the auction up to the amount
secured by the state's lien on the property and any lien on such
property having priority over the state's lien. All additional
amounts paid pursuant to this subdivision shall be added to the
amount secured by the lien on such property provided for in Article 1
(commencing with Section 16180) of this chapter.
(c) Acknowledge by United States mail that the notice required by
Section 16187 of this code or Section 3375 of the Revenue and
Taxation Code has been received.

16201. If the Controller, by reason of the notice described in
Section 3375 of the Revenue and Taxation Code or by reason of
information from any other source, determines that all amounts owing
under Article 1 (commencing with Section 16180) of this chapter have
become due and payable pursuant to Section 16190, the Controller may,
in addition to the options provided in Section 16200, take any of
the following actions which will best serve the interest of the
state:
(a) The Controller may demand payment of such amount from any
person liable therefor.
(b) If the Controller has reasonable cause to believe that sale of
the property will not satisfy the amount secured by the state's
lien, the Controller may file a claim against the estate of any
decedent whose property is liable for such amount or the Controller
may request the Attorney General to bring an action under Section
2931c of the Civil Code to recover the amount of the state's lien.
(c) The Controller may direct the Department of General Services
to sell such property pursuant to Chapter 4.5 (commencing with
Section 14735) of Part 5.5 of Division 3 of this title or, if
applicable, Division 9 (commencing with Section 9101) of the
Commercial Code.

16202. Notwithstanding any other provision of law, in the event
that the state acquires an interest in real property pursuant to
subdivision (b) of Section 16200, the Controller may, in addition to
the options provided in Section 16201, take any other action with
respect to that real property interest as will best serve the
interest of the state. These actions may include, but shall not be
limited to, the sale, lease, or retention of any interest so
acquired. The Controller may contract with licensed real estate
brokers, maintenance and repair contractors, security contractors,
appraisers, property managers, insurance brokers, and any other
experts or specialists as may be necessary to protect or preserve the
state's interest in that property. The Controller may pay the costs
incurred pursuant to those contracts out of the amount appropriated
by Section 16100, or from any appropriation in lieu thereof.
The sale of those interests may be made on the basis of
conventional financing arrangements including the securing of payment
through the use of promissory notes, deeds of trust, and other
accepted methods of deferred payment.