Power of sale

What power of sale means

In practice, you will see power of sale in pleadings, motions, orders and court rules. The definition above explains the general meaning. Even so, the meaning can shift with context. Therefore, always read it alongside the rule or document where it appears.

Where power of sale comes up

The term is used across many kinds of cases. For example, you may see it in pleadings, motions and court orders. To see it in context, browse the motions and procedures library or the Learn the Law topics.

How to research the term

First, read the term where it actually appears. A rule, statute or court decision may define it for its own purposes. Next, check whether your court has a local rule that uses power of sale in a special way. Then look at recent decisions from courts in your jurisdiction. They show how judges apply the term today. Also, remember that state law can differ from federal law. For that reason, use our state procedures guide to find your state’s rules. Finally, confirm every source is current before you rely on it.

You can read the current federal court rules online for free.

Related legal terms

• Deed of trust: a security instrument used in many states in which the borrower conveys an interest in real property to a trustee to secure a loan, usually with a power of sale.
• Nonjudicial foreclosure: foreclosure carried out outside court under a power-of-sale clause and the procedures in a state statute.
• Pleading: a formal written statement of a party's claims or defenses. Under Federal Rule of Civil Procedure 7(a), the pleadings are the complaint, the answer, and certain other listed documents. Motions are not pleadings.
• Pooling and servicing agreement: a contract governing the transfer of loans into a securitization trust and the duties of the trustee and servicer.
• Precedent: a prior court decision that guides or controls later cases on similar issues.

Why precise terms matter

Legal words often look like everyday words, but they can carry a precise meaning. Because of that, a small misreading can change how you understand a deadline, a duty or a right. Our glossary keeps each definition short and links it to the procedures where it matters.