In Re Foreclosure of a Deed of Trust Executed by Lucks

NEWBY, Justice.

The contractual right of foreclosure by power of sale under a deed of trust is a non-judicial proceeding. In the comprehensive statutory framework governing non-judicial foreclosure by power of sale set forth in Chapter 45 of our General Statutes, the General Assembly *223has prescribed certain minimal judicial procedures, including requiring notice and a hearing designed to protect the debtor’s interest. The hearing official then authorizes the foreclosure to proceed or refuses to do so. In this informal setting, a creditor must establish, among other things, the existence of a…