NC homeowner claims her house was foreclosed and sold by HOA without her knowing
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- เผยแพร่เมื่อ 16 พ.ย. 2022
- 'I bought your home in an upset bid and I need to know when you will be moving?'
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HOA needs to be held accountable.
Lien em up!
No, she needs to be accountable. She knew she lived in a HOA.
@@DJRenee .. you're pathetic.
@@DJRenee seek help. she paid her house off and 1400$ would've been nothing
HOA need to not exist.
This is why HOA needs to be regulated. This is so wrong
You spelled "Abolished" wrong.
A fraud is a fraud
Get rid of HOA’s!!!
The best way to avoid this kind of situation is to NOT buy a home in an HOA period, HOA's are the worst, I mean why would you buy a home in a community where the HOA tells you what you can and cannot do with your home and property, to each his own I guess.
That's exactly how I feel. I wouldn't want anything to do with an HOA. I live here in Vegas and many years ago there had been several complaints regarding a swing in the community play area. They never repaired it. A little girl got on one and it snapped and she was hit in the head by a metal piece. Brain damaged for life. The family sued, as they should, and won millions. The HOA fees went up substantially to cover the lawsuit and the people living there were extremely upset because ultimately they had to pay for the HOA mistake that could have been prevented. Along with all the fraud, it's the pettiness and fines if you don't comply for a home YOU bought. I would never purchase a home that has one. But alot of folks feel it's a one up if they so for some reason. And they love living where other's decide what you can and cannot do with a home they don't pay for. Nope. Not ever.
Exactly!
If you're in a place like Phoenix a non HOA house in a good area is extremely hard to find.
@@garcjr That's easy, do not live in Phoenix!
@@garcjr getting increasingly difficult in Florida as well.
Why isn't this on everyone's radar? If property rights can be disregarded like this, our country is in serious trouble...
💯 , $1400 REALLY? SUPPOSE SHE DIDN'T HAVE THE MONEY,? SHOULD YOU LOOSE YOUR 450K HOME OVER $1400 ? WHAT KIND OF COUNTRY ARE WE LIVING IN?
I want to know how an H O A erected after she paid off the house. It was not in play when she bought it? Now it was voted in and she was never notified or even served prior to foreclosure? Scandalous!!!!
@@FunGames751 her only quick recourse to stop the action would;ve been chap 13 but she waited too late
there is a rule in my home state of md that ANYONE can apply for a title to a deed without showing any proof that you are the actual homeowner. all one needs is to complete a short application and pay the application fee. ppl have lost their homes this way.
@@tempgirl00711 she didn’t wait her home was essentially stolen from her. This is criminal and needs to be treated as a crime.
PRO -TIP Never buy a home in an HOA! I promise that everyone, 100% is run by a small coterie of busybodies who have only their interests at heart.
Have seen this happen too much. HOA board members are quick to point out an infraction, but can't knock on her door and discuss the issue. Horrible neighbors! If I were her, I would put my home on the market once I regained ownership.
You would think that knocking on the door would be the easy solution. As an HOA president, I can tell you that it’s not. People don’t come to the door like they used to. Door to door salesmen likely are the big reason, but also if someone knows they are being chased for something, they avoid the door, the phone, and deny the mail. I bet there is more to this story.
@@cmbmusicproductions1870 That's exactly why the homeowner is to be served. That way, there's no denying receipt of the legal notification. Like her attorney stated, that was supposed to happen prior to the court hearing to sell her property.
@@cmbmusicproductions1870 i dont think so. The HOA didnt follow proper court procedures. Im shocked their legal council didnt point this error out to them
@@thedude5040 that is what they say …but we don’t know that for certain. They have an hoa management company. She was sued by the hoa twice before. She was also mailed letters and she ignored them. I have a feeling she’s playing dumb. Thats what people do thinking it will just go away. They stick their head in the sand.
@@cmbmusicproductions1870 id rather just not have HOAs. They dont do anything positive. Like mine, we dont even know who to contact to get an updated copy of the CCRs because there are no meetings nor elections because the developer still has control. The HOA managment company just has their drivers drive the area, but they themselves have admitted they dont issue fines because they dont know what the rules are either. They said at this point they are just looking for stupid things, like someone painting their house all black, construction without permits, no cars parked on front lawns, ext. Im actually nervous for the the yearly fee comming up because if I dont get a letter, Id be like this person and at risk of lossing my house over a small amount of money due to lack of communication.
Who is the judge that allowed this to move to a sale, without the homeowner's signature? That line of defense outright failed.
Without owner's signature? HaHa
@@wileecoyote5749 yeah. The homeowner must sign for receipt of notification. Without any proof of notification, this can't be legal.
judge was paid off by an HOA board member.
I would never buy whomie huv because they are crooks
@@zellamiller3791 .. could you please repeat that in english ?
Listen to me carefully, never, ever buy a home in a HOA!
I agree 👍 💯
When you bought home 🏡
With an HOA it doesn't mean that your house going to worth alot more than none HOA when you sell the house
If you have HOA that charge
You $300 and up to $500
Good luck trying to sell that 😂
Paying people to tell you what you can and cannot do with your own Property? Giving control 🎛️ vet the Largest Investment of a lifetime to an organization run by power hungry thieves?
Investment.
@@deniseganey6890 I bought a home under HOA because it was cheaper than renting
easier said than done; in some states they are in almost every middle class on up home.
Better yet avoid HOA at all costs.
Most new homes built in HOAs.
@@RC-ld3cn also affordable homes are usually under HOAs
If she wasn’t properly served there’s no way they should’ve been able to close on a properly sold home. Especially if a bank loan was involved. This sounds sketchy to say the least. I wouldn’t be surprised to learn that the person who bought this house for half its value is somehow related to or in business with someone on the HOA board. Dig deep y’all. This REEKS!
Oh they can and they will.. this is what happened to me. They never served me. When I went to get my house listed for sale by my realtor, I was then notified by my agent that there was a lien.
@@Militarywidow A lien I can see (which also shouldn’t have been filed without proper notice) but a full on sale?
@@KC-qr3wk my sister mails her mortgage, they claimed she didn’t send like 12. But there was receipts saying she did. So she needed to pay 12.5k or they would sell her house in the courthouse.
Well she sent them the 12.5k with certified mail, they then said they can’t accept checks and it’s not 12.5k, they forgot to add another 1k. So my dad wired them the money as they told us the last day, when the check had been there for a week. They even said they would let her continue to stay as a renter. (Right you say she doesn’t pay rent for a year and you want to rent to her.)
In the end my dad paid it off and she owes him the mortgage now.
There needs to be a Federal Law were HOA's can Never Foreclose on a Home PERIOD.
You'd have lawmakers at the state level, along with multiple federal judges (especially conservative judges), immediately move to strike down such a law as unconstitutional for infringing upon the 10th Amendment (as real estate and HOAs fall under the jurisdiction of each individual state). Same as the process for taking possession of the deed by foreclosure for any reason, varies from state to state.
Not saying that HOAs are a good thing (they almost always are more a thorn in everyone's side), but something doesn't add up with the story being reported. They claim that she didn't know that she was in an HOA, yet had been previously been sanctioned twice in 2013 and 2017 (only to catch up on the past due balance before the auction), and chose to ignore the notices sent by the HOA because she thought they might be legal advertisements?
Especially for hoa fees
I don't think it should be changed at all. Otherwise you get stuck with trashy neighbors.
that was the law back in the day, some dumb azz congressman thought it would be better to make HOA equal to banks and mtg companies and changed the law giving them power to foreclose and making it more streamlined and super easy to do. years ago they were limited to lien only.
True...
This is upsetting 😡, the HOA's are so unorganized. There needs to be stricter guidelines on what they can and cannot do!
@jimhardy3395 It's a waste of money!
This is unbelievable but I'm sure it's true. HOA officers many times are just evil
yup, they will and can make life very difficult for a homeowner if the board member is jealous or envious of the homeowner or his/her home.
And then laugh at them on the ground when they're crying telling him maybe next time you won't be so mean to people
I wish there was a law saying that you can beat up any HOA who does a stupid rule
I would lose my mind if this were to ever happen to me knowing the home was paid in full , i could not just pack my bags and move without leaving behind a pile of ash . Hypothetically of course ......
Demolition man 👨 😂
😂😂😂😂😂😂😂😂😂😂😂😂
Technically your house it's paid off do with it what you will
This is just ridiculous.
Sue them for ten times more
Sue whom? She signed the hoa agreement
@@BarryObaminable signing does not give obligation to sale if they see fit. That is manipulation, deception, lying, collusion, corruption, basically just thugs and over grown bullies that belong in jail
@@mariestaggs4750 sure it does. It allows them to fee you, and if you don't pay fees, to lien on your house. Possibly foreclose. I'd like local rules that stop it at liens and they pay the hoa off when selling.. but whatever
@@BarryObaminable Apparently, she did not sign and was not adequately notified. It seems like this HOA was established well after she purchased her home.
I wonder if this the case that the NC Supreme Court ruled in the homeowner favor. The HOA did not follow the rules.
Legal theft.
This happened to me. Had to file a lawsuit against the lender and the bidder.
Omg !! That is scary
I hope you were able to keep your home. How long did it drag out in court? Were you aware of the HOA when you purchased your house?
I really hope you won and then put the house on the market and are living Peacefully in a new home .
If the house was sold for over 200k for a $1,500 bill outstanding
Who got the 200k profit
the HOA
The Board Members of the HOA . After payoffs of course.
After all those years pf not paying, how was it only $1400? Something is not adding up, they send the bills either quarterly or by-annually, and she missed them all?
She has a case
I'm confused. So there was no HOA when she originally bought the property but after she paid it off, one just came into play and everyone voted to have an HOA in their neighborhood? She was never properly served paper work? Seems like quite a few people getting sued from the HOA, Server and then some.
That's why it's clear she's lying. That's why you see the crocodile tears. She wouldn't be subject to an HOA if she didn't agree to it.
@@TGSHomeandGarden Not so sure. I may have to look into that. I remember when they tried to bring in an HOA in my neighborhood and we voted it down. Is it possible a similar incident happened here. It's strange the bill is under 2k, but for how long were they trying to collect fees? How many months or years. The house is paid off so how long did HOA really come into play with a bill of under 2k and for how long the fee should have been adding up is why I feel there is something missing. Unless she paid the house in cash in one shot and not a conventional 15 or 30 year note? This is why I'm confused unless the HOA just came into effect during the duration of the loan! or she paid cash n did not or ignored the HOA fees until they ONLY added up to under 2k? And they said....we got ya! How much were the fees ? 5 bucks a month for 15 or 30 years to have paid off the loan....see what I'm getting at. There more to the story and reporter omitted or did not ask the right questions cause they don't own a home. These questions I'm asking here is basic in order to find out what really happened and no one is reporting the exact info we need to this story.
@@TGSHomeandGarden nope, there are plenty of cases of home owners homes nit being part of an HOA and the HOA trying to bully them into the HOA with these tactics. Most have been able to pull the original land information to prove they were never part of the HOA.
@@TGSHomeandGarden That’s not true. It could majority’s rules. If majority of the neighborhood agrees to establish an HOA they can establish one. If anything, she needs to check her mail and be a part of HOA meetings so she knows what’s going on.
@@stephanied1028 An HOA can be established, but they can't force people to join.
Girl, fight for your beautiful dream HOME!!
Wow! This is just a pure scam on the part of HOA boards.
I wish it was , but its def real. the laws changed years ago giving them equal power to banks and mtg companies, now they can foreclose for hoa fees, in fact they have a quicker foreclosure process than the banks do... it sux but some azzholes in congress got it changed. from liens only to foreclosure
The devil is liar, these HOAs need to be stopped...this is highway robbery..I mean $1,400
Congressional politicians changed the laws years ago, created this nightmare. they changed hoa's from lien only to giving them foreclosure powers. also a faster foreclosure process too. For any fees owed.
I don't understand if it's a NC thing, but when you are at the closing, it's documented in the paperwork you're signing, the name of the HOA, how much your dues are, along with the address where to mail those dues, and the HOA don't play around, they send a monthly statement. In the report, the lady has had previous liens on her property, so, she evidently had issues with paying before.
How they were able to move on her house is crazy! The HOA cannot have that much power, and they never informed her? There should be a paper trail. If it's that easy, restrictions need to come down on NC HOAs!
A very reasonable point. She should've known her dues have to be paid. However to sell the house for almost half it's value over 1400 is worse that scamming . I would like to see on top of 1400, how much more they pocked for their outrageous fees
Exactly, I don’t believe her, the bank works closely with the HOA. I live in FL and my bank and HOA both required docs at the time of the process and at closing.
My HOA recently had to take pocession of a property after years of asking the owner to pay the dues… it is written in the by laws … no different than having your home … if you don’t pay taxes you loose your home to the city or county … 🤦🏻♀️
Az is worse
She can sue
Yes Try to get on the Board in a HOA, Try to be the President of the Board and then DISBAND the HOA. HOA's Do NOT have a Place ANYWHERE. They are Nothing but Trouble for EVERY SINGLE PERSON.
HOA’s are getting out of control
the congress people who changed the laws years ago, created this nightmare. they changed hoa's from lien only to giving them foreclosure powers. also a faster foreclosure process too.
I’m praying for her. God please help her
Dee Dee I m praying 4 u, I pray God give u ur house back, this is wicked 2 me 2 take someone's Paid Off House over $1491 dollars & change
Congress people changed the laws years ago, created this nightmare. they changed hoa's from lien only to giving them foreclosure powers. also a faster foreclosure process too. For any fees owed.
AVOID HOA.
The hoa can be sued. And the individuals as well on the board.
What's the point of an HOA? It's like renting, but more expensive.
no HOA should never be able to sell anyone homes no matter what, it's not fair, people work hard to buy their homes. i hope she sue the HOA.
When you buy a home in a HOA community you sign HOA documents at closing.
We had HOA where we lived in FL..instead of worrying about the bears, gators and thefts going on, because "it didn't effect everyone" they concentrated on the pool and a bingo machine..as I said FL, enough said...we moved a few months later.
First question I ask is if there’s an HOA. If the answer is yes then my response is no. Simple as that. Never introduce a variable and cost you can’t control.
I notice this is a pattern with people who have paid off their homes. I will never buy a property owned by HOA. Btw You can get together with the other neighbors to remove HOA. It has been done.
Same thing happened to me at the Sharyland HOA in Texas for a $1,000.00 HOA bill! I lost my $292,000.00 house and got zero out of it after they sold it!. Texas is corrupt or I should have gotten the remainder of the money after the HOA fees were paid.
THATS DISGUSTING!!
No way in hell she did not know she was in a HOA. WTF
NC residents voting powers far outweigh that of all real estate firms and their lobbyists combined. It's time that the people speak out. We should insist state legislators pass laws that will allow any home buyer to opt out of any HOA agreement at the initial purchase of the home no matter how long that HOA has been in existance. It should be mandated that all parties should be notified about existing HOA agreements at closings. Any failure would be subject to penalty of law. All HOA's must post signs at all entries of any properties that they represent. If it were up to me, HOA's would be banned entirely in the state of North Carolina.
America is the greatest country where its citizens (mostly elders) are scamed not only by outsiders but those people who are good with "White collar" crimes
Congressional politicians changed the laws years ago, created this nightmare. they changed hoa's from lien only to giving them foreclosure powers. also a faster foreclosure process too. For any fees owed. Opt out would be great!! I'd vote for that.but they do inform clients at closing and clients have to sign off on HOA documents at closing, and receive copy of bylaws, etc.
Poor lady, I hope she still has her beautiful home.
1500 dollar fine... doesn't seem like that's a valid reason to literally take someone's home.
Don’t even need to listen to this. Another homeowner who thought the HOA rules didn’t apply to her. No HOA does this without notifying the homeowner. She claims she didn’t open them? Whose fault is that?
That’s robbery straight up robbery… That HOA needs to be sued
Why are the HOA allowed to exist?
The HOA needs to be taken to court
Can we get an update?
Never, ever live in an HOA community. EVER! I cannot stress this enough. As an investor, I (and others) steer clear of these communities! Buy smart!
1400 dollars Hoa steals a womans home? Terrible sue the s%t out of that company.
Is there an update to this one
What was the outcome. Does anyone have an update
They should have it in law where if the home is sold, it must be sold at market value, where the hoa is re-paid the past dues owed and the homeowner(former owner) is paid the remaining. In this instance, the HOA stole over 200k+ from the homeowner.
Some investors are buying houses, townhouses, & condos with an HOA. Working with the HOA board to increase the HOA fees so high that owners are force to sell or foreclosure. Taking over the properties so they can rent them out at outrageous prices.
Corruption allowed this to happen. It should be against the law. People who participated in this unscrupulous sale should go to jail for a little while. I pray the Almighty Most High God abolishes HOA, gives this woman her house back, and make it illegal for this to ever take place again.
@Dee Jackson, I live 3 miles from this subdivision and from my understanding the HOA was formed sometime after she had moved there.
that happens a lot , in mind u think my home is paid for , I just need to pay my taxes( on something I own) robbery again...
the board in her hoa agreed to foreclosure on that home.
Not buying into a HOA community again. Worst experience of my life, Stockbridge, GA never again!!!
I think it's a bigger reason they took this lady home. I've never heard of them for foreclosing for such a small amount.
Only a fool would by a home with an HOA!!!!!
They love it.
For this kind of lawlessness , I would respond according my own laws.
Congressional politicians changed the laws years ago, created this nightmare. they changed hoa's from lien only to giving them foreclosure powers. also a faster foreclosure process too. For any fees owed.
Don't ever get in an HOA, EVER.
Well, you must not read your mail ma'am. And ignored the HOA
F$%& HOA them evil scammers.
Its just wild that you could lose your home over a debt dispute less than 1% of the value of the property.
She should have made sure the house wasn't in a HOA before she bought it she should try to move out as quickly as possible so the new owners can move in .
NEVER BUY A HOME WITH HOA, ITS A NIGHTMARE.
Never own or loan in HOA. NEVER.
She got those notices. She isn’t completely innocent here. Pay your dues.
How could she not know that she was in an HOA after living there so long?
Why are HOA's still a thing?
HOA is a homeowner's enemy... I'm looking to buy a house, but is not going anywhere near how to house, and it is the first thing I ask
That HOA needs to be put out of business.
HOAs are terrible. Evil. But it is impossible that she did not know she was in a HOA.
Imagine working hard everyday to pay off your house and a bunch of Karen's can decide to foreclose on it because you didn't pay a few hundred dollars in fees or because you didn't mow the lawn properly.
If I was her, I would sue and sell that home after I win. This is why I would never buy a home where people try to tell you what to do in your home. This is wrong and seem more like a scam go me🤔
North Carolina not surprised by the foolishness!!
This seems far fetched unless it's happened to you. I had a lien against my house for something I had no clue about. Such BS.
HOA needs to be DISMANTLED!!
They did the same thing to me we need to regulate the hoa
How HOA can sell her house???
Congressional politicians changed the laws years ago, created this nightmare. they changed hoa's from lien only to giving them foreclosure powers. also a faster foreclosure process too. For any fees owed.
Thanks so much ❤❤❤❤❤❤❤❤❤❤❤
This subdivision is about 3 miles from where I live. Most subdivisions in this area are run by HOAS. I'd never live in one even if my life depended on it. They're nothing but crooks.
Wow there up to something 😊 people need homes Early especially if they work hard for it
This HOA needs to be disband.
The property management company needs to be fired immediately!!!!!!!!
This is 100% the reason why HOAs do not need to exist in single family communities.
Clearly is Mrs. Parker can pay off her mortgage. She can pay HOA dues that she knows about.
If she never signed the papers, then, Mrs. Parker did not know her house was in a HOA!
Only vote for representative who will disband HOAs in single family communities.
This is crazy!!!
You buy into HOA without EVEN
Read the rule OMG 😲
I’m confused. I don’t understand why she didn’t know.
They probably weren’t sending out notice’s… this isn’t the first case like this one.
From now on I am going to read all the junk mail I used to throw away.
I don't trust realtors either. They might not disclose all the information to you because they are motivated by the sale since a great deal of their income is dependent on the sale. The whole system is corrupt and I equate realtors to used car sales people.
How did she not know she was suppose to pay? This is not the first time either! I don’t agree with the HOAs taking away homes for simple things but she’s full of it!
How the heck do you buy a house and not know it has an HOA?? Who was HER realtor?
she knew, she had to know.
In some case's you can buy a home and then sometime later some of the neighbors decide they want it to be an HOA community so it helps keep the " wrong kind of people out " and keeps the neighborhood property values up. I think that's WRONG & CRIMINAL !!!!
Im not a violent person my self, but this is the type of action that would force me to sit in MY house with a gun. They would only get me out with force. Id hope like hell it would never come to that, but this completely ridiculous
If you dare to buy in an Hoa development you must pay your fees. Thats the deal. This has happened to her before for not paying. Pay your fees
Apparently I have been treating people incorrectly All my life. This is so ignorant of me that someone owed me One dollar and paid me with a hundred dollars. I had know knowledge legally I could keep the remaining amount.
When she bought it she would have seen HOA documents and been told all about it. So I don't really believe her on that. But it's also wrong that her $400K home can be taken away over a $1400 debt. That should be illegal.
And sold for roughly half the value in this market. Question is who is buying...
She said that there was no HOA when she got the home.
@@Militarywidow I see that in the comments. Frankly that raises more questions than answers. I have very little trust in this woman.
Having your home foreclosed because of real estate taxes should be illegal because this does not happen in some other countries, real estate tax should be treated like a credit card bill , but this is the land of the free like many believe so they do not petition their Government
@@ShainAndrews there are plenty of cases where the home is not part of the HOA. Those folks had to dig up all the history of the land and home. Ultimately sued the HOA for false action. The one guy I followed said it was a tactic the HOA used to get people into the HOA. He made sure to not buy a house in an HOA. Turns out his neighbors weren't either, but didn't realize it and started paying dues. They had never followed up until their neighbor told them they weren't part of the HOA.
I’m sure she knew about the HOA, but it sounds like she probably thought those payments ended or didn’t matter once she paid the house off. She didn’t follow through to make sure that those payments needed to be made after the house was paid off and now she’s in trouble. I don’t like the way HOAs operate and they shouldn’t be allowed to just take someone’s home especially if the debt doesn’t equal the value of the home.
This is insanity.
I can see why ppl shoot up hoa.
This is like taking someone’s life so it’s only fair to return the favor especially a home that you’ve paid off
So basically the HOA is authorized to rack up debts, confiscate a person's property, and sell it for a massive personal profit??? How is it legal for a person who owns a $400,000 property to have that property taken from them because they allegedly owe $1,500?...I own a Mercedes Coupe that I paid for in cash, and worked hard to save up for....so If I owe somebody a couple hundred they can just take the car that I own which my name is on the title?
This literally equates the HOA to the IRS
Makes me realise that you never truly own ANYTHING! Why work so hard if what u pay for, and is in your name still isn't yours...YOU OWN NOTHING!
What is the HOA? Are they another layer of government? They act like it. I would hate to assume there is a reason they want this lady out of their neighborhood.
Yeah right. "No idea." Derp Derp . Deal with it.
I'm not buying that she lived there for 10 years and had no idea there was an HOA. In North Carolina an HOA is required to be disclosed during the closing on a property. It's a lot more likely that she knew damn well there was an HOA, and didn't pay them, because "It's my home, why should I pay them, I didn't join, what are they going to do?" and now that she found out what they're going to do, she's playing the innocent victim. They kinda gloss over it here, but she admitted to throwing away registered mail from the law firm without opening it.
@@andrewalexander9492
I know! Right?? Playing victim has become SO common. I have noticed everybody is doing it, for all types of reasons. Nobody is taking responsibility for their own lives. Quite prevalent. Like the "romance scams." Where men or women are on here crying that they wired a million dollars to their online lover. That they never met! And then got ghosted. Puleeeze! 🙄 There are true victims, but it is rare anymore, I feel.