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 tke county recorder 's office where the property is located. The process includes a-total of three documents typically all recorded by the lenders 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.) § 12-1 177(A) states a trustee 's deed is7 •Kpresumed to comply with Arizona law and under A.R.S. 83-11(c) the homeowner waives all defenses to that sale it has occurred. Consequently, any subsequent homeowner claims are mute. SeeA.R.S. § 12-1177(A)once and A.R.S. § 33-81 1(C):where borrower "waives all defenses and dbjections 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 und.er A.R.§, § 39-161 which prohibiting,; any- person or ptity . from recording false instruments.that give rise tp.fraudulpt, baseless claims of interest rin res^l property. Howeyer, Petitioner elearly, did,not "waive " these claims, and therefore has been deprived of hjs,property without due process of law under the fifth amendment.

In some instances, as here, a constitutional injury as a result of two or more statutory provisions arises 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 non-judicial forced conveyances without due process and is therefore unconstitutional.

Thus, the question presented here, Does the Arizona Deed of Trust Scheme provide good cause for removal of one or rhore of its provisions under severability?

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