An Arizona homeowner says a battle with his homeowners association ended with the loss of his roughly $450,000 property after he was diagnosed with diabetes and became unemployed.
Toby Newton, 53, was less than $1,000 behind on HOA payments when his four-bedroom Mesa home was foreclosed on and ultimately purchased by the local association.
“I bought the house and then I got sick,” Newton told the Mesa Tribune. “I got diabetes and I was out of work.”
Newton purchased the Mesa property in 2022, but after losing his job, he fell behind on quarterly HOA assessments of about $170 each. With interest added, the overdue balance reached $977.
As the financial pressure mounted, Newton tried to arrange a payment plan with the Superstition Springs Community Master Association, according to the Tribune.
“I was calling them to take care of it and set up something with them with all my other bills I had going on,” he told the outlet.
Despite those efforts, the Superstition Springs Community Master Association began foreclosure proceedings against Newton on November 15, 2024, through its attorney, Augustus Shaw IV.
More than a week later, the law firm offered to drop the lawsuit if Newton paid $3,980 by December 6, 2024, the Tribune reported.
Toby Newton, 53, was nearly $1,000 behind on HOA fees when his four-bedroom Mesa home was foreclosed on and later acquired by the local homeowners association.
Newton bought the property in 2022, then lost his job after being diagnosed with diabetes. Missed quarterly HOA payments of about $170 eventually led to $977 in fees and interest.
The proposed settlement included not only the $977 Newton already owed, but also additional attorney fees.
Newton first proposed paying $50 a month toward the balance while continuing to cover his regular assessments. He later increased the offer to $133.70, but the HOA board rejected both proposals in January 2025.
After those offers were turned down, Newton proposed monthly payments of $200 in February. Emails obtained by the outlet show that the association rejected that plan in April as well.
“The Association has proceeded with filing for judgment,” a paralegal wrote in May 2025.
A default foreclosure judgment was entered on June 30, 2025. Court records reviewed by the Tribune show that the HOA was awarded $3,345 in attorney fees and interest, $1,042 in collection costs, and $1,311 in assessments and late charges.
The Maricopa County Sheriff later seized the property, which was auctioned on October 16, 2025. By then, Newton’s total debt had grown to $6,579.
The Superstition Springs Community Master Association submitted the winning bid, purchasing the home for $8,172, according to the Tribune.
Newton said he had borrowed $449,328 to buy the property in 2022.
The Maricopa County Sheriff seized Newton’s home, which was sold at public auction on October 16, 2025, after his HOA-related debt had risen to $6,579.
“We’ve tried to settle multiple times with them and they refused to work with us,” Newton’s girlfriend, Sherrie Patten, told the outlet. She said she had attempted to help cover their expenses after Newton lost his job.
From there, Newton had six months to find the money and get his home back, but was unable to because of his mortgage and Patten’s ongoing cancer treatment costs, the Tribune reported.
Patten, 50, was diagnosed with breast cancer in early 2025 and underwent a double mastectomy. She was forced to stop working and was eventually approved for long-term disability in January, granting her just under $2,000 a month.
Newton eventually reached out to the law firm and attempted to settle, but was informed that the six-month redemption period had expired.
He was told that he could buy his home back by May 15 for $10,484. an email seen by the outlet said.
On May 14, Newton filed an emergency motion in Superior Court to stay the enforcement proceedings, arguing that he only learned of the auction two days before it took place.
Newton said the late-notice left him unable to arrange counsel, collect the funds or attempt to save his home before it was sold, the outlet reported.
He argued he was also not served with the notice and not at home when the process server gave the documents to Patten’s son on November 25, 2024.
From there, Newton had six months to find the money and get his home back, but was unable to because of his mortgage and his girlfriend Sherrie Patten’s ongoing cancer treatment costs
According to Newton, Patten’s son was visiting, did not live at the home and was not authorized to accept service on his behalf, the outlet reported.
However, the association argued that the son ‘confirmed that he lived at the Defendant’s residence with the Defendant,’ court papers seen by the Tribune said.
‘I’m still waiting on the judge to do the emergency stay,’ Newton said. ‘So, it’s still sitting in the judicial system after [the HOA] took my deed for $8,000 in a sheriff’s sale.’
Newton told Fox News: ‘I just don’t understand how an HOA that’s supposed to be there for the community doesn’t work with the community at all.’
State Representative Neal Carter argued that HOA lawyers were leaving homeowners little room to be able to pay off their debts.
‘I think the lawyers are the problem,’ Carter told the Tribune.
‘The lawyers make money doing legal stuff…They’re either charging (the HOA) or they’re charging the debtor. But one way or another, they’re charging the homeowner.’
Newton and Patten are seeking help through a GoFundMe, which had garnered over $25,798 as of Thursday evening.
Our News Outlet reached out to the Superstition Springs Community Master Association for comment.
