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James W. Bonham v. John Sutto, Jr., et ux.

Paid petition · Court of Appeals of Arizona, Division One, No. 1 CA-CV 19-0278 · judgment December 17, 2019

Certiorari denied · January 19, 2021
Pre-decision estimate: 0% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

Currently Arizona uses a scheme of statutes to 7 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.) § 12-1177(A) states a trustee’s deed is •Kpresumed 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. SeeA.R.S. § 12-1177(A) -\ 1 *• \ r in i \ !

Counsel of record

For petitioner
James W. Bonham

For respondent
—

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Jan 19 2021
    Petition DENIED.
  2. Dec 30 2020
    DISTRIBUTED for Conference of 1/15/2021.
  3. Aug 26 2020
    Petition for a writ of certiorari filed. (Response due December 14, 2020)