FinancingForeclosure

Trustee Sale

A trustee sale is a type of foreclosure where a trustee, appointed under a deed of trust, sells the property at auction to satisfy the debt.

Understanding Trustee Sale

Trustee sales are a key component of non-judicial foreclosures, which are common in states like California. In this process, the borrower has signed a deed of trust, which appoints a trustee to hold the title to the property until the loan is repaid. When the borrower defaults, the lender instructs the trustee to initiate foreclosure proceedings. The trustee then conducts a public auction, often referred to as a trustee sale, where the property is sold to the highest bidder. This process is generally faster and less expensive than judicial foreclosure.

Real-World Example

Maria defaults on her mortgage, which is secured by a deed of trust. The lender instructs the trustee to sell the property. The trustee advertises the sale and holds a public auction. A buyer purchases the property at the trustee sale and receives a trustee's deed.

Exam Tips

Focus on the fact that trustee sales are associated with deeds of trust and non-judicial foreclosures. Understand that the trustee acts on behalf of the lender to sell the property quickly and efficiently. The buyer at a trustee sale receives a deed, granting them ownership.

Related Terms

Deed of TrustTrusteeBeneficiaryNon-Judicial ForeclosureAuctionTrustee's Deed

Practice Questions

Related Concepts

Foreclosure is the legal process by which a lender takes possession of a property when a borrower fails to make mortgage payments. It allows the lender to sell the property to recover the outstanding debt.

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

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