12/23/2025
Realtors & Lenders: If you think power of sale is just “notices & timelines” you’re already exposed.
We’re handling a significant volume of power of sale and mortgage enforcement files right now and the reality is, very few of them are straightforward anymore.
What that looks like in practice:
• Ensuring notices are properly drafted, served, and timed so listings aren’t exposed
• Clearing authority issues before a property goes to market: We regularly see listings delayed because the party instructing the sale didn’t actually have clear authority at the time notices went out. This is something that only surfaces once buyers’ counsel starts digging.
• Managing enhanced risks where lenders advanced funds for construction: Construction-funded loans are one of those issues that quietly blow up power of sale files because they complicate enforcement. The loan characterization can be challenged (construction vs. standard mortgage); advances may be conditional or disputed; priority and entitlement issues arise mid-enforcement; & buyers’ counsel scrutinize these files aggressively. Involve a lawyer from the jump. Construction-funded files require more than compliance, they require anticipation.
• Managing borrower redemption attempts that surface days (sometimes hours) before listing.
• Dealing with second mortgages, private lenders, and priority disputes that affect closing: Second mortgages and private lenders don’t become “paper issues” at closing. They become leverage issues weeks earlier if priority isn’t addressed upfront.
• Keeping deals moving while litigation is ongoing, not after it’s “resolved”
For realtors and lenders, enforcement isn’t just legal, it’s operational. If the process isn’t tight, listings stall, sales collapse, or closings get delayed.
Our role is to make sure the enforcement side is clean, defensible, and market-ready so when a property does hit MLS, it can actually close.
Power of sale isn’t a formality. It’s strategy . ♟️
PrivateLending
