Does the Arizona Deed of Trust Scheme provide good cause for removal of one or more of its provisions under severability?

QUESTION PRESENTED Currently Arizona uses a scheme of statutes to effectuate forced conveyances of residential single| family property via a non-judicial foreclosure. It is | known as the Deed of Trust Scheme. Generally, the property is taken from its owner, as here, by way of , using the county recorder’s office where the property is located. The process includes a total of three : documents typically all recorded by the lenders Se substituted in a 90-day period after which time the , trustee sells the property at a trustee sale granting : the property to the highest bidder at that sale. Arizona Revised Statutes (A.R.S.) § 12-1177 (A) states a trustee’s deed is presumed to comply with Arizona law and under A.R.S. 83-11(c) the homeowner waives all defenses to that sale once: it has occurred. Consequently, any subsequent homeowner claims are . mute. See A.R.S. § 12-1177(A) and A.R.S. § 33-811(C) i Oe where borrower “waives all defenses and objections to the sale not raised in an action that results in the issuance of a Court order granting relief...” Under these combined statutes Petitioner “waived” his claims asserted under A.R.S. § 39-161 which . prohibiting any person or entity from recording false instruments that give rise to fraudulent, baseless claims of interest in real property. However, Petitioner clearly did not “waive” these claims and , therefore has been deprived of his property without ; . due process of law under the fifth amendment. In : some instances, as here, a constitutional injury arises Oo : as a result of two or more statutory provisions operating together. See, Seila Law LLC v. Consumer Financial Protection Bureau, March, 2020 citing, Free Enterprise Fund, supra, at 509 (stating that the convergence of “a number of statutory provisions” produce a constitutional violation). The provision requiring “good-cause removal is only one of [the] statutory provisions that, working together, produce a constitutional violation.” Arizona provides no path for a homeowner to assert challenges to the trustee sale after it has occurred and the Deed of Trust Scheme is an arrangement of statutes leading to nonjudicial forced conveyances without due process and . is therefore unconstitutional. Thus, the question presented is: Does the Arizona Deed of Trust Scheme provide good cause for removal of one or more of its provisions under severability? The answer from this Court is of national importance in these unprecedented times of our country’s financial uncertainty. Many homeowners across the county currently await these scheduled trustee sales and also rely on the ability of the Consumer Financial | | Protection Bureau (‘CFPB”) for oversight. , | | | . . ooo