Who has the authority to use the power of sale in a deed of trust?

The power of sale in a deed of trust is primarily granted to the trustee. The trustee is the neutral third party who holds the title to the property on behalf of the beneficiary (lender) until the debt is repaid. When the trustor (borrower) defaults on their loan obligations, the trustee is empowered to initiate a foreclosure process, allowing for the property to be sold without the need for court involvement, thus simplifying and expediting the foreclosure procedure. This power of sale allows the trustee to act efficiently in representing the beneficiary's interests during a default scenario, making it clear why the authority rests with them in the context of a deed of trust.

The trustor does not have this authority, as they are the party borrowing the money and do not possess the right to unilaterally sell the property under these circumstances. The court is typically not involved in the foreclosure process when a power of sale clause is present, as this procedure is designed to be handled outside of court. The beneficiary, while they have a vested interest in the property and its value, relies on the trustee to enact the power of sale in case of a default, rather than holding this authority themselves.