The non-judicial process of foreclosure is used when a mortgage contains the Statutory Power of Sale. A "power of sale" clause authorizes the sale of property to pay off the balance on a loan in the event of a default. In mortgages where a power of sale exists, the power given to the lender to sell the property may be executed by the lender. Regulations for this type of foreclosure process are outlined below in the "Power of Sale Foreclosure Guidelines".
Power of Sale Foreclosure Guidelines
The lender must provide the borrower with a notice of sale, via certified and regular mail, 30 days prior to the first publication which states the time, place and terms of sale. This notice must be sent to the borrower at his last known address and if different, to the address listed with the Tax Assessor’s office.
The lender must give notice of the sale by publication in a newspaper as required in the foreclosure statute at least once a week for 3 successive weeks before the sale, with the first publication of the notice being at least 21 days before the day of sale.
The property will be sold to the highest bidder at sale.