Legal Definitions - Power of Sale clause

A power of sale clause is a provision included in most deed of trust mortgages that allows the trustee to foreclose on a property without going to court. This means that if a borrower falls behind on their mortgage payments, the trustee can sell the property to recover the debt owed to the lender.

For example, let's say John takes out a mortgage to buy a house. The mortgage includes a power of sale clause, which gives the trustee the right to sell the house if John fails to make his payments. If John falls behind on his payments and can't catch up, the trustee can sell the house to pay off the debt.

The power of sale clause is a powerful tool for lenders because it allows them to foreclose on a property quickly and efficiently. However, it can be risky for borrowers because they may lose their home without the opportunity to defend themselves in court.