​KembaraXtra – Legal Terms – Power of Sale


A power of sale is the right of a mortgagee or certain trustees to sell property under specified conditions.


In mortgage law, the power usually arises when the borrower defaults on repayment obligations.


The mortgagee must exercise the power with reasonable care and account for any surplus proceeds.


The term also refers to the authority of a tenant for life to sell settled land under settlement law.


A valid exercise of the power may overreach the interests of beneficiaries in the land.