power of sale

简明释义

销售权

英英释义

The power of sale is a legal provision that allows a lender or mortgagee to sell a property in order to recover the amount owed on a defaulted loan without needing to go through the court system.

‘销售权’是一项法律条款,允许贷款人或抵押权人在不通过法院系统的情况下出售财产,以收回违约贷款所欠的金额。

例句

1.After several missed payments, the homeowner received a notice indicating the bank would use its power of sale.

在几次未付款后,房主收到了通知,表明银行将使用其出售权

2.The bank exercised its power of sale to recover the outstanding loan amount.

银行行使了其出售权以收回未偿还的贷款金额。

3.The power of sale clause in the contract clearly outlines the procedure for foreclosure.

合同中的出售权条款清楚地概述了止赎程序。

4.The real estate agent explained that the power of sale allows the lender to sell the property without going to court.

房地产经纪人解释说,出售权允许贷方在不去法院的情况下出售财产。

5.Under the terms of the mortgage, the lender has the power of sale if the borrower defaults.

根据抵押贷款的条款,贷方在借款人违约时拥有出售权

作文

The concept of power of sale is crucial in the realm of real estate and finance, particularly in the context of mortgages and foreclosures. This legal provision allows a lender to sell a property without having to go through the lengthy process of judicial foreclosure when a borrower defaults on their loan. Essentially, the power of sale grants the lender the authority to take possession of the property and sell it in order to recover the outstanding debt. This process can be significantly faster than traditional foreclosure methods, making it an attractive option for lenders. To better understand the implications of power of sale, it is important to consider how it operates within the framework of a mortgage agreement. When a borrower takes out a mortgage, they typically sign a deed of trust or a mortgage document that includes a clause granting the lender the power of sale. This clause serves as a safeguard for the lender, ensuring that they have the legal right to reclaim the property if the borrower fails to meet their repayment obligations.In practice, if a borrower defaults on their mortgage payments, the lender can initiate the sale of the property without having to file a lawsuit. The lender will typically send a notice of default to the borrower, informing them of their missed payments and the potential for foreclosure. After a specified period, the lender can proceed with the sale of the property at a public auction. This process not only expedites the recovery of the debt but also minimizes the financial losses that the lender may incur due to prolonged vacancy or deterioration of the property.However, the power of sale is not without its controversies. Critics argue that this provision can lead to hasty sales that do not allow borrowers sufficient time to rectify their financial difficulties. In some cases, homeowners may find themselves losing their properties without having a fair chance to negotiate alternatives or seek assistance. This has led to calls for more stringent regulations governing the use of power of sale clauses in mortgage agreements.Moreover, it is essential for borrowers to fully understand the terms of their mortgage contracts, including any power of sale provisions. Many homeowners are unaware that they have signed away certain rights when they agreed to the mortgage terms. Education and awareness are key in preventing situations where borrowers are caught off guard by the swift actions of lenders.In conclusion, the power of sale is a significant legal mechanism that impacts both lenders and borrowers in the real estate market. While it provides a quick solution for lenders to recover their investments, it also raises important ethical considerations regarding the treatment of borrowers facing financial hardships. As the housing market continues to evolve, it is vital for all parties involved to stay informed about their rights and responsibilities under the law, particularly concerning the power of sale and its implications for property ownership and financial stability.

“出售权”这一概念在房地产和金融领域中至关重要,尤其是在抵押贷款和止赎的背景下。此法律条款允许贷方在借款人违约时,无需经历漫长的司法止赎程序即可出售财产。基本上,“出售权”赋予了贷方占有该财产并出售以收回未偿债务的权力。与传统的止赎方法相比,这一过程可以显著加快,使其成为贷方的一个吸引人选择。为了更好地理解“出售权”的含义,有必要考虑它在抵押贷款协议框架内的运作。当借款人申请抵押贷款时,他们通常会签署一份信托契约或抵押文件,其中包括授予贷方“出售权”的条款。该条款为贷方提供了一种保障,确保他们在借款人未能履行还款义务时具有合法权利收回财产。在实际操作中,如果借款人未能按时支付抵押贷款,贷方可以在不提起诉讼的情况下启动财产的出售。贷方通常会向借款人发送违约通知,告知他们未支付的款项及止赎的潜在风险。在规定的时间后,贷方可以在公开拍卖中继续出售该财产。该过程不仅加快了债务的回收,还最小化了由于长期空置或财产恶化而可能造成的财务损失。然而,“出售权”并非没有争议。批评者认为,这一条款可能导致匆忙销售,无法给借款人足够的时间来纠正其财务困难。在某些情况下,房主可能会发现自己在没有公平机会进行谈判或寻求帮助的情况下失去财产。这导致人们呼吁对抵押贷款协议中“出售权”条款的使用实施更严格的监管。此外,借款人必须充分理解其抵押贷款合同的条款,包括任何“出售权”条款。许多房主并不知道他们在同意抵押贷款条款时已经放弃了某些权利。教育和意识是防止借款人因贷方迅速采取行动而感到措手不及的重要因素。总之,“出售权”是一个重要的法律机制,影响着房地产市场中的贷方和借款人。虽然它为贷方快速收回投资提供了解决方案,但也引发了关于对面临财务困境的借款人待遇的重要伦理考量。随着房地产市场的不断发展,所有相关方都必须保持对法律下自身权利和责任的了解,特别是关于“出售权”及其对财产所有权和财务稳定性的影响。

相关单词

sale

sale详解:怎么读、什么意思、用法