Default and remedies
Power of sale
A clause authorizing sale on default without going to court
Written into a deed of trust and, in some states, into a mortgage. It is the authority the trustee relies on to conduct a non-judicial foreclosure, and it is why the choice of instrument has such practical consequences.
How the exam asks about it
Its presence or absence in the fact pattern tells you which foreclosure route the question is about.
Related terms
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