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In California, a deed of trust contains a 'power of sale' clause. What does this clause authorize?

Correct Answer

D) The trustee to sell the property through non-judicial foreclosure if the borrower defaults

The power of sale clause in a California deed of trust authorizes the trustee to conduct a non-judicial foreclosure (trustee's sale) if the trustor defaults. This allows foreclosure without going through the court system, making the process faster and less expensive than judicial foreclosure.

Answer Options
A
The trustor to sell the property at any time without the beneficiary's consent
B
The county recorder to initiate a public auction of the property
C
The beneficiary to take immediate possession of the property upon default
D
The trustee to sell the property through non-judicial foreclosure if the borrower defaults

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Related Topics & Key Terms

Key Terms:

power_of_saledeed_of_trustnon_judicial_foreclosuretrustee

Related Concepts

The debt-to-income ratio (DTI) compares a borrower's monthly debt obligations to their gross monthly income. It is used by lenders to determine how much mortgage a borrower can afford.

In the context of foreclosure, a deed transfers ownership of the foreclosed property to the new owner, typically the buyer at a foreclosure sale.

Discount points are upfront fees paid to a lender at closing to reduce (buy down) the interest rate on a mortgage loan. One point equals 1% of the loan amount and typically reduces the rate by approximately 0.25%.

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