Title and legal

Power of sale

Power of sale is the clause in a deed of trust that lets the trustee sell the property to satisfy the debt after a default, without first getting a court judgment. It is what makes non-judicial foreclosure, like Tennessee's trustee's sale process, possible, in contrast to states that require a lender to foreclose through a lawsuit.

Why it matters

This clause is why a foreclosure in Tennessee can move on a set notice period rather than a court's calendar.

In Tennessee: Tenn. Code Ann. § 66-8-101. This can work differently in another state.

General information, not legal or tax advice.

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