Johlen Johnson, et ux. v. JP Morgan Chase Bank, N.A.

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 substituted trustee 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. One particular concern here is that same trustee later initiated the forcible detainer action against the homeowners. 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-ll(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') where borrower "waives all |- Q3¥BD3!1 1I * m b-m