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Arizona man falls behind on HOA fees, then the association goes after his home for a fraction of its value

The Superstition Springs Community Master Association has successfully taken possession of a Mesa home owned by Toby Newton following a foreclosure process triggered by a debt of less than one thousand dollars. This is a frustrating situation for the owner, as the property, which Newton reportedly purchased for $475,000 in 2022, was sold at a public auction for only $8,172.

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As reported by the NY Post, Newton found himself in a tough spot two years after buying the four-bedroom house. He reportedly lost his job and received a diagnosis of diabetes, which complicated his ability to keep up with his quarterly HOA assessments of approximately $170.

As he shared with the Mesa Tribune, “I bought the house and then I got sick,” and “I got diabetes and I was out of work.” These personal hurdles are exactly the kind of circumstances that usually lead to a temporary struggle, but in this case, it resulted in the loss of a major asset.

His debt reportedly rose to $6,579

When he realized he was falling behind, Newton reportedly attempted to negotiate with the association. He reached out to the Superstition Springs Community Master Association to establish a payment plan that would allow him to settle his $977 debt while continuing to pay his regular assessments. 

His initial offer was to pay $50 per month toward the arrears. When that was denied, he increased his offer to $200 per month. Both proposals were rejected by the association. By November 2024, the board had moved forward with formal foreclosure proceedings.

The financial burden on Newton grew significantly as the legal process moved forward. According to court filings, by July 2025, the original debt of $977 had climbed to $1,311 in missed assessments and late charges. The costs quickly spiraled beyond just the missed payments, as the association added $1,042.09 in plaintiff fees and $3,345 in attorney fees to his balance. 

By the time the home was sold at a public auction in October 2025, Newton’s total debt had reportedly reached $6,579. The association purchased the property for $8,172, leaving the homeowner with nothing to show for his $475,000 investment.

This entire sequence of events reportedly happened while the state of Arizona was in the middle of updating its laws to prevent exactly these kinds of outcomes. In April 2025, the state enacted Senate Bill 1494, which was designed to provide homeowners with much stronger protections against HOA foreclosures. 

Under these new regulations, an association cannot move to foreclose unless a homeowner is at least 18 months delinquent or owes a minimum of $10,000 in assessments. These requirements are a massive shift from the previous rules, which allowed for foreclosure after just one year of delinquency or when a debt hit $1,200. 

The impact on Newton and his longtime partner, Sherrie Patten, has been severe. Patten started a GoFundMe page to help them recover, noting that the entire ordeal has taken an “emotional and financial toll” on their lives.


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Abdul Haddi
Haddi is an avid gamer and tech enthusiast who loves building PCs. Aside from gaming, he has a passion for making films and bringing stories to life. When not gaming or exploring new tech, he enjoys traveling and discovering new places.