power of sale

简明释义

销售权

英英释义

例句

1.The real estate agent explained how the power of sale process works during the foreclosure.

房地产经纪人解释了在止赎过程中出售权的运作方式。

2.In many jurisdictions, the power of sale allows lenders to sell a property without going through court.

在许多法域中，出售权允许贷方在不经过法庭的情况下出售财产。

3.Under the terms of the loan agreement, the lender has the power of sale if the borrower defaults.

根据贷款协议的条款，如果借款人违约，贷方拥有出售权。

4.The bank exercised its power of sale to recover the outstanding mortgage payments.

银行行使了其出售权以追回未偿还的抵押贷款款项。

5.The homeowner was notified that the lender intended to use its power of sale due to missed payments.

房主被通知，由于未付款，贷方打算使用其出售权。

作文

In the realm of real estate and finance, understanding various legal terms is crucial for both buyers and sellers. One such term that often arises in property transactions is power of sale, which refers to a clause in a mortgage or deed of trust that gives the lender the right to sell the property in the event of default by the borrower. This legal provision allows lenders to recover the funds they loaned out without having to go through the lengthy process of foreclosure. The power of sale clause is particularly significant in jurisdictions where it is permitted, as it streamlines the process of reclaiming the property and minimizes losses for the lender.When a borrower fails to make timely payments on their mortgage, the lender can invoke the power of sale to initiate the sale of the property. This process typically involves notifying the borrower of the default and providing them with a specific period during which they can rectify the situation, often referred to as a 'grace period.' If the borrower does not make the necessary payments within this time frame, the lender can proceed with selling the property at a public auction or through a real estate agent.The primary advantage of the power of sale is its efficiency. Unlike traditional foreclosure proceedings that can take months or even years, a sale under the power of sale clause can be completed in a matter of weeks. This not only helps the lender recover their investment more quickly but also reduces the burden on the court system. Additionally, because the process is often less contentious than a full foreclosure, it can lead to a smoother transition for all parties involved.However, it is essential for borrowers to understand the implications of the power of sale. When entering into a mortgage agreement, they should be aware that failing to meet their payment obligations can lead to the loss of their home without the same level of judicial oversight that a traditional foreclosure might provide. This reality underscores the importance of responsible borrowing and financial planning.For potential homebuyers, understanding the power of sale is equally important. If they are considering purchasing a property that is subject to a mortgage with a power of sale clause, they should conduct thorough due diligence. This includes reviewing the terms of the mortgage, understanding the borrower's payment history, and being aware of any potential risks associated with the property.In conclusion, the power of sale is a powerful legal tool that benefits lenders by expediting the recovery of funds in the event of borrower default. While it offers advantages in terms of speed and efficiency, it also presents risks for borrowers who may find themselves facing the loss of their property. Both parties must approach real estate transactions with a clear understanding of the power of sale and its implications to ensure a fair and informed process.

在房地产和金融领域，理解各种法律术语对买卖双方至关重要。其中一个常见的术语是power of sale，它指的是抵押贷款或信托契约中的一项条款，该条款赋予贷款人权利，在借款人违约的情况下出售财产。这一法律条款使得贷款人能够在不经过漫长的止赎程序的情况下，收回他们贷款的资金。power of sale条款在允许的管辖区尤其重要，因为它简化了收回财产的过程，并最大限度地减少了贷款人的损失。当借款人未能按时偿还抵押贷款时，贷款人可以调用power of sale来启动财产的销售。这个过程通常涉及通知借款人违约，并为他们提供一个特定的期限，在此期间他们可以纠正情况，通常称为“宽限期”。如果借款人在此时间内未能支付必要的款项，贷款人可以继续通过公开拍卖或房地产经纪人出售该物业。power of sale的主要优点在于其效率。与传统的止赎程序可能需要数月甚至数年相比，依据power of sale条款进行的销售可以在几周内完成。这不仅有助于贷款人更快地收回投资，还减少了法院系统的负担。此外，由于这一过程通常比完全止赎更少争议，因此可以为所有相关方提供更顺利的过渡。然而，借款人必须了解power of sale的影响。在签订抵押贷款协议时，他们应该意识到，如果未能履行支付义务，可能会在没有同样司法监督的情况下失去自己的家。这一现实强调了负责任的借贷和财务规划的重要性。对于潜在的购房者来说，理解power of sale同样重要。如果他们考虑购买一处受power of sale条款约束的财产，则应进行彻底的尽职调查。这包括审查抵押贷款的条款、了解借款人的还款历史，以及了解与该物业相关的任何潜在风险。总之，power of sale是一种强大的法律工具，通过加快借款人违约时资金的回收，为贷款人带来了好处。虽然它在速度和效率方面提供了优势，但也给借款人带来了可能失去财产的风险。双方都必须以清晰的理解来处理房地产交易，以确保公平和知情的过程。