Question
Under real property law, with foreclosure and power of sale, what is the significance of ownership being transferred? For the power of sale, ownership is
Under real property law, with foreclosure and power of sale, what is the significance of ownership being transferred? For the power of sale, ownership is transferred after the property is sold, while in foreclosure it is transferred when foreclosure occurs, not when the property is transferred. Is there any significance in this? Furthermore, when defaulting on the mortgage, when is power of sale or foreclosure given? For power of sale, i know there is a small window such as an eviction notice given to the tenant so they can perhaps satisfy the payments, but if they still do not, does the court grant them this and they forced to leave? And with foreclosure, once the court has deemed the property foreclosed, is the mortgagee then given rights to sell the house? Or for both does the property have to go through foreclosure and power of sale then the house can be sold? Thanks!
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