Toby Newton, 53, lost his Mesa, Arizona, home after falling $977 behind on HOA dues following a 2024 job loss and diabetes diagnosis. Despite repeated offers to make payments, the HOA pursued foreclosure; the house was auctioned in October 2025 for $8,172, far below the $449,328 Newton paid in 2022. Newton and his partner, Sherrie Patten, who was later diagnosed with breast cancer, are fighting the sale in court. Arizona’s Senate Bill 1494, effective September 2025, raises the HOA foreclosure threshold to 18 months unpaid or $10,000, a change intended to prevent similar outcomes.
Arizona Man Loses $450K Home After Falling $977 Behind on HOA Dues; House Sold for $8,172
Toby Newton/GoFundMe
An Arizona homeowner, Toby Newton, says he lost the home he bought in 2022 after falling just $977 behind on homeowners association (HOA) dues. The property in Mesa's Superstition Springs community was seized and sold at auction in October 2025 after a foreclosure process that began in November 2024.
Job Loss, Illness and Mounting Fees
Newton, 53, told the Mesa Tribune that he purchased the house in 2022 for $449,328 and had planned to retire there. His circumstances changed in 2024 when he lost his job and was diagnosed with diabetes, limiting his ability to work. His longtime partner, Sherrie Patten, lives in the home and took on more of the household financial responsibilities.
Newton says he missed several quarterly assessments of $171 each—"I missed a year's worth of assessments," he told the paper, estimating three or four missed payments. He also says he repeatedly asked the HOA for a payment plan to resolve the balance, but those requests were denied.
Foreclosure, Legal Costs, and Auction
The Superstition Springs Community Master Association filed foreclosure paperwork on November 15, 2024. About a week later the association offered to dismiss the lawsuit if Newton paid $3,980 by December 6, 2024; only $977 of that total represented unpaid assessments, with the remainder covering attorney fees and collection costs.
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Newton said he proposed several repayment alternatives—initially $50 per month in addition to his regular assessment, later increasing offers to $133.70 and then $200—but the HOA board rejected them. As costs, interest and attorney fees accumulated, Newton's balance rose. By the time the Maricopa County Sheriff's Office seized the property and it was sold at public auction in October 2025, his debt stood at roughly $6,579.
"We've tried to settle multiple times with them and they refused to work with us," Sherrie Patten told the Mesa Tribune.
The property was purchased at auction by the Superstition Springs Community Master Association for $8,172 — a steep decline from what Newton paid in 2022.
Ongoing Fight and Legislative Change
Newton and Patten have continued to contest the foreclosure in court. Their financial strain worsened after Patten was diagnosed with breast cancer in 2025 and became unable to work.
Arizona lawmakers passed Senate Bill 1494, which took effect in September 2025. The new law raises the threshold that allows an HOA to foreclose to 18 months of unpaid dues or $10,000, whichever comes first, replacing the previous standard of 12 months or $1,200 — the rule under which Newton's foreclosure moved forward.
This case has drawn attention as an example of how relatively small unpaid assessments, when combined with legal and collection fees, can escalate into foreclosure. It also illustrates why advocates argued for reforms like Senate Bill 1494.
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