asked 88.0k views
5 votes
What provision is required in a mortgage to allow a non-judicial foreclosure to force a sale without a foreclosure suit?

A) An indemnification clause.
B) A power of attorney clause.
C) A power of sale clause.
D) A legal remedy clause.

asked
User Shrewdu
by
8.0k points

1 Answer

1 vote

Final answer:

A power of sale clause is required in a mortgage to allow a non-judicial foreclosure to force a sale without a foreclosure suit. So, the correct answer is option c.

Step-by-step explanation:

In order to allow a non-judicial foreclosure to force a sale without a foreclosure suit, a power of sale clause is required in a mortgage. This clause gives the lender the power to sell the property in the event of default by the borrower, without having to go through the formal court process of a foreclosure suit.

With a power of sale clause, the lender can proceed with the foreclosure sale after giving the required notice to the borrower and following any specific procedures outlined in the mortgage agreement or state law. This allows the lender to sell the property more quickly and efficiently, avoiding the time and expense of a lawsuit.

It's important to note that the specific requirements for a non-judicial foreclosure, including the language and procedures required in the power of sale clause, can vary depending on state law. Therefore, it's always advisable to consult with an attorney or legal professional familiar with the laws of your state. So, the correct answer is option c.

answered
User MirMasej
by
8.1k points