Glossary

Power of Sale

In one sentence

A clause allowing a lender to foreclose and sell property without a court proceeding, common under deeds of trust.

The longer version

Power-of-sale provisions enable non-judicial foreclosure: the trustee can sell the property after notice and a waiting period, without a lawsuit. It makes foreclosure faster and cheaper than the judicial route where state law permits it.

The availability of power-of-sale foreclosure is a meaningful factor in a lender's recovery timeline and is set by the security instrument and state law.

Common questions

What is a power of sale clause?
A provision, common in deeds of trust, allowing the lender to sell the property through a non-judicial foreclosure without a court proceeding.
Which states allow power of sale foreclosure?
Many states, including those where deeds of trust are standard. Each state sets its own notice, timing and procedural requirements.
Is power of sale faster than judicial foreclosure?
Generally yes, because it follows a statutory notice process rather than litigation, although timing varies by state.
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