An East Mesa couple say they may lose the four-bedroom home they purchased in 2022 after a homeowners association foreclosed over less than $1,000 in unpaid assessments, highlighting how small delinquencies can balloon into crippling judgments when attorney and collection fees are added.
How a small debt turned into a foreclosure
Toby Newton, who lives in East Mesa, said he bought the home for about $475,000 in 2022. Newton lost his job two years later and was diagnosed with diabetes, which he and his partner say affected their finances and ability to keep up with bills, including mandatory HOA assessments.
The association charged approximately $170 per quarter in assessments. Newton said he fell behind and ultimately owed $977 in fees and interest. According to public filings, the association’s action and subsequent fees increased the amount significantly by the time the case reached a public sale.
Attempts to negotiate and the foreclosure timeline
Newton told the Mesa Tribune he repeatedly contacted the HOA to set up a payment plan. He said he first offered to pay $50 per month toward the principal; that offer was declined. He said he later proposed payments of $133.70 per month and then $200 per month; he said those offers also were denied.
By November 2024, the HOA’s attorney, identified in court paperwork as Augustus Shaw IV, had initiated foreclosure proceedings. The foreclosure was made official in 2025. Court filings show the amounts added onto Newton’s original assessments included plaintiff fees and attorney fees, driving the total deficiency far above the original unpaid assessments.
| Item | Amount (as filed) |
|---|---|
| Missed HOA assessments | $1,311 |
| Plaintiff's fees | $1,042.09 |
| Attorney's fees | $3,345 |
| Total debt at auction (reported) | $6,579 |
| Sale price at public auction | $8,172 |
Sale, redemption window and medical hardship
Public records indicate Newton’s home was sold at a public action to the Superstition Springs Community Master Association for $8,172. Newton said the HOA later indicated he could reclaim the property if he paid the outstanding balance within six months, but the couple said they were unable to raise the funds during that period.
Newton’s partner, Sherri Patten, was diagnosed with breast cancer in both breasts and placed on long-term disability, the couple said. They told the paper that their health expenses and need to prioritize medical care made it impossible to meet the repayment demand within the timeframe the HOA set.
Newton said the HOA later presented a new figure, asking for $10,484 to return the home to him by May 2026. The couple filed for an emergency stay and Newton attended an HOA board meeting earlier this month to raise the issue.
Local implications and what homeowners should know
This case illustrates how assessments that initially appear modest can become catastrophic after collection costs and legal fees are added. For homeowners in Mesa and across Arizona, the key takeaways include:
- HOA assessments, even small ones, are enforceable and can lead to liens and foreclosure if unpaid.
- Legal and plaintiff fees can multiply the original delinquency several times over.
- Homeowners facing hardship should document communications and attempts to set up payment plans and explore local legal aid resources early.
State law and HOA governing documents determine the remedies available to associations and owners. Homeowners who find themselves in similar situations may consult an attorney or consumer protection agency to understand their rights and any options for challenging fees or negotiating a resolution.
Newton and Patten’s case remains subject to the judicial and HOA processes outlined in the filings. The couple has sought a stay and additional time to address the debt and the status of their property.
This story is part of ongoing coverage of housing, consumer protection and HOA practices in the Valley. WE NEWS will continue to monitor developments and report on responses from the Superstition Springs Community Master Association and any court action arising from the couple’s filings.
