Overview: An East Mesa couple lost their home after an HOA foreclosure over an initial unpaid balance of about $977 grew with fees and legal costs. Toby Newton fell behind after losing his job and being diagnosed with diabetes; partner Sherri Patten later faced a bilateral breast cancer diagnosis. The house was sold at auction in October 2025; the HOA later set a redemption amount of $10,484 and Newton filed an emergency stay on May 14, 2026 while the couple launched a GoFundMe to try to recover the property.
Arizona HOA Forecloses on East Mesa Couple Battling Illness Over Under $1,000 in Dues
Toby Newton and Sherrie Patten lost their home in foreclosure over $977 in unpaid HOA dues. (Gofundme)
An East Mesa, Arizona couple lost their home after a homeowners association pursued foreclosure over an initial delinquency of less than $1,000. The case highlights how routine HOA fees can balloon with interest, fees and legal costs — and how medical and financial crises can leave homeowners vulnerable.
What Happened
Toby Newton purchased a four‑bedroom home in East Mesa for $475,000 in 2022. In 2024 he lost his job and was diagnosed with diabetes, and he began falling behind on bills, including HOA assessments that were about $170 per quarter. According to the HOA, Newton’s unpaid assessments and accrued interest totaled roughly $977.
Newton says he repeatedly contacted the association in 2024 seeking a payment plan. He offered monthly payments of $50 toward principal, then $133.70, and later $200, but he says the HOA rejected each proposal. By November 2024, the HOA—represented by attorney Augustus Shaw IV—had initiated foreclosure proceedings.
Court Proceedings and Auction
In July 2025 the foreclosure was formalized in the Superior Court of Arizona. Court filings listed outstanding amounts including $1,311 in missed HOA assessments, $1,042.09 in plaintiff’s fees and $3,345 in attorney fees. The property was sold at public auction in October 2025 to the Superstition Springs Community Master Association for $8,172. At that time the association calculated Newton’s remaining debt as $6,579.
Newton told The Mesa Tribune he was informed he could redeem the home by paying off the debt within six months. Before the couple could do so, Newton’s longtime partner, Sherri Patten, was diagnosed with bilateral breast cancer and went on long‑term disability, further straining the household’s finances.
"It was the type of cancer that is fast‑moving," Newton told The Tribune. "The emotional and financial toll has been overwhelming."
With the six‑month redemption window expired, the HOA later agreed to extend Newton’s redemption deadline to May 15, 2026 — but the required payoff had risen to $10,484. Newton filed an emergency request for a stay on May 14, 2026 and is awaiting a judge’s decision. Meanwhile the couple launched a GoFundMe campaign to try to reclaim the home and cover urgent costs.
Legislative Context
In April 2025, Arizona passed SB 1494, legislation that would have affected this case. The bill raised the delinquency threshold required to trigger foreclosure from one year to 18 months and increased the minimum dollar amount that can prompt foreclosure from $1,200 to $10,000. It also requires HOAs to provide written notice at least 30 days before turning an account over to collections.
Realtor.com contacted attorney Augustus Shaw IV, Sherri Patten and Toby Newton for comment.
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