What is the legal test for obtaining possession of a property secured by a deed of trust containing a power of sale?

Generally, when a debt is secured by a deed of trust containing a power of sale, and a default has occurred, the creditor-beneficiary may seek recourse to the real property security through a judicial or a nonjudicial foreclosure. When the creditor-beneficiary chooses to pursue a nonjudicial foreclosure, the delivery of a notice of default is the first statutory step in that type of foreclosure. (See Civ. Code, 2924b.) Subsequent steps in nonjudicial foreclosures include recording and delivering a notice of trustee's sale, holding the foreclosure sale, and issuing a trustee's deed upon sale to the successful bidder. (See Civ. Code, 2924 -2924h ; Garfinkle v. Superior Court (1978) 21 Cal.3d 268, 274275, 146 Cal.Rptr. 208, 578 P.2d 925 [overview of statutory procedures for nonjudicial foreclosures] (Garfinkle ).) After the trustee's deed has been recorded, the purchaser is entitled to bring an unlawful detainer action against the borrower-trustor or his or her successor to obtain possession of the property. (Garfinkle, supra . at p. 275, 146 Cal.Rptr. 208, 578 P.2d 925 ; see 1161a, subd. (b)(1) & (2).)¹²

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