Ace the West Virginia Mortgage Law 2025 Quiz – Unlock Your Path to Success!

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What does the term "power of sale" refer to in mortgage law?

A clause allowing the lender to sell the property without court involvement

The term "power of sale" in mortgage law refers to a clause that allows the lender to sell the property without needing to go through the court system. This provision is commonly included in mortgages or deeds of trust. When a borrower defaults on their loan, the lender can initiate a foreclosure process that can be completed more quickly and efficiently since it doesn't require court approval. This streamline allows lenders to recover their losses more readily and gives them the authority to sell the property in order to satisfy the outstanding debt.

The other options provided do not align with the definition of "power of sale." Obtaining insurance relates to protecting the property and the lender's investment rather than the sale process. A type of mortgage requiring a balloon payment pertains to loan structuring and payment terms, not to the authority to sell. The term regarding the time a borrower has to repay their loan is about loan duration, which is also unrelated to the power of sale.

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A requirement for the borrower to obtain insurance

A type of mortgage that requires a balloon payment

A term for the time a borrower has to repay their loan

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