Final answer:
In the case where a deed of trust includes a power-of-sale clause, the non-judicial foreclosure process is generally used, allowing the trustee to sell the property without court intervention.
Step-by-step explanation:
If Janice and Tom's home is subject to foreclosure and their deed of trust includes a power-of-sale clause, the most likely form of foreclosure that will be used is non-judicial foreclosure. This type of foreclosure does not require court intervention. Instead, the trustee has the authority to sell the property on behalf of the lender to recover the unpaid loan balance following the terms outlined in the power-of-sale clause. It is important for Janice and Tom to be aware that the specific procedures and notices required for a power-of-sale foreclosure can vary from state to state, but commonly involve a notice of default and a notice of sale. Since a power-of-sale foreclosure can be faster and less expensive than judicial foreclosure, lenders often prefer this method when it is available.