In a deed of trust, the right that the trustee has to proceed with non-judicial foreclosure is called:

• A. Acceleration
• B. Garnishment
• C. Lien
• D. Power of sale

Answer: (D)

The right to proceed with non-judicial foreclosure is called the power of sale. In a deed of trust, the borrower transfers an interest in the property to a trustee for the benefit of the lender. When the borrower defaults, the deed of trust typically includes a power of sale clause that authorizes the trustee to sell the property at a public auction to satisfy the debt without going through court. This is what enables non-judicial foreclosure.

Acceleration, by contrast, simply makes the entire loan balance due immediately upon default and is a prerequisite that can trigger the foreclosure process, but it is not the mechanism for selling the property. Garnishment is a court process to seize assets through legal action, not the mortgage foreclosure method. A lien is a security interest on the property, not the authority to foreclose.