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FinancingNon_judicial_foreclosure_processMEDIUM

A Virginia real estate instructor is explaining the deed of trust to a pre-license class. Which of the following statements about a Virginia deed of trust is NOT accurate?

Correct Answer

C) The trustee must obtain a court order before conducting a foreclosure sale

Option C is NOT accurate. Virginia is a non-judicial foreclosure state, meaning the trustee does NOT need to obtain a court order before conducting a foreclosure sale. The power of sale clause in the deed of trust gives the trustee authority to sell the property upon default without any court involvement. This is the fundamental distinction between Virginia's non-judicial process and judicial foreclosure states where a court order is required.

Answer Options
A
The trustor conveys legal title to the trustee as security for the debt
B
The beneficiary is the lender who holds the right to repayment of the loan
C
The trustee must obtain a court order before conducting a foreclosure sale
D
The power of sale clause authorizes the trustee to sell the property upon default

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Why the Other Options Are Wrong

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Related Topics & Key Terms

Key Terms:

deed_of_trustnon_judicial_foreclosurepower_of_salereverse_question

Related Concepts

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