{"id":369125,"date":"2016-04-04T10:47:15","date_gmt":"2016-04-04T15:47:15","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/realestate\/foreclosure\/foreclosure-by-power-of-sale.html"},"modified":"2023-08-09T09:45:04","modified_gmt":"2023-08-09T14:45:04","slug":"foreclosure-by-power-of-sale","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/realestate\/foreclosure\/foreclosure-by-power-of-sale.html","title":{"rendered":"Foreclosure by Power of Sale"},"content":{"rendered":"\n
\n \n
\n

Foreclosure by Power of Sale<\/h1>\n
\n
\n By Olivia Wathne, J.D.<\/a> | Legally reviewed by Katrina Wilson, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
\n

This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
\n

The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Foreclosure is a legal process that occurs when a borrower defaults on their mortgage payments. Foreclosure by power of sale, otherwise known as nonjudicial foreclosure, involves the sale of the mortgaged property by the mortgage holder without the supervision of a court.<\/p>\r\n

Foreclosure by power of sale is generally a more expedient way of foreclosing on a property than foreclosure by judicial sale<\/a>. The majority of states allow foreclosure by power of sale. Proceeds from a power of sale foreclosure proceeding go first to the mortgage lender, then to other lien holders, and finally to the mortgagor. Foreclosure by power of sale accomplishes the same thing as a judicial sale. However, there are also some difficulties associated with the power of sale foreclosure process.<\/p>\r\n

Availability of Foreclosure by Power of Sale<\/h3>\r\n

Currently, there are 30 states with state laws that allow foreclosure by the power of sale:<\/p>\r\n