Homeowners fight back after builder wins defamation countersuit | PART III

本站添加: 2026-05-30

[00:00:01]All right, 10:07 here on Live Impact News as we close this conversation out with the homeowners that have filed a lawsuit or a Sorry, a motion for a new trial because of a lawsuit that happened in 2005. Want to talk about some of the repercussions now.

[00:00:18]Um I just heard the F word over the break, foreclosure.

[00:00:25]Right? Yes.

[00:00:26]>> Yes.

[00:00:26]>> Who's going through that?

[00:00:28]>> Myself, my husband.

[00:00:30]>> Because of this?

[00:00:32]>> Yes.

[00:00:34]>> So What do you do in the meantime?

[00:00:40]How are you handling this?

[00:00:41]>> It's It's really difficult. It's It's been a strain financially, not only financially, but there have been some you know, our our relationship has been strained, but we're still holding on strong.

[00:00:54]>> Yeah. Yeah, you are.

[00:00:56]Um Individually, it's frustrating and I can see it's, you know, years of of weight and emotion. What is that like for a >> I can >> life?

[00:01:09]>> I can say when this all started my takeaway from the conversations with the group is we all wanted to stay there because even with everything going on, we found a nice group of people.

[00:01:25]>> Mhm.

[00:01:26]>> Uh found friends.

[00:01:28]And I can talk to speak to my wife and I currently we've been looking for a way out. And that's what this is all about.

[00:01:38]>> Yeah.

[00:01:38]>> And I never thought at this state, when we bought the house, it was our agent Place Home.

[00:01:44]We never thought that at this point we'd be looking to exit.

[00:01:50]>> Yes.

[00:01:52]Exactly.

[00:01:53]Um as soon as you turn into the development me personally, I just feel every muscle in my body just tense up and it's just not a good feeling. It's not It's not a home. It's a house.

[00:02:05]>> Mhm.

[00:02:06]>> And um it's it's really difficult. Um just not knowing what to expect. Um you know he's been known to drive by and take pictures of us and record us and it's it's just not It's not good.

[00:02:22]>> It's sad and we do know that there are several >> lawsuits that he's had to deal with in the past in other states with other developments. So, this is not the first.

[00:02:32]>> Correct.

[00:02:33]>> Um in your experience with HOAs and um state lawmakers, what has how has the experience informed uh the way you think about that?

[00:02:48]>> I will never live in another HOA. This was our very first time living in an HOA.

[00:02:53]>> [clears throat] >> So, we were kind of like ignorant to the fact and I'm that's no excuse, but we'll never live in another HOA and I personally and I I'm hopefully I can speak for the others.

[00:03:06]We would like to see HOA reform in North Carolina. And I I think that's one of the reasons why we're here.

[00:03:13]>> I was going to say is that why what brought you here to share your story?

[00:03:16]Because this is there's a lot. There's is still a lot and you're still in it.

[00:03:19]>> [clears throat] >> Mhm.

[00:03:20]>> You know.

[00:03:20]>> Well, it's disappointing that the government has not stepped up and and you know, taken care of you know, tax paying citizens and it's almost like this case is just such an anomaly that this is like a worst case scenario and this needs to be taken seriously. I'll never live in an HOA again, ever. But an HOA was initially formed to protect the community, you know, provide safety and aesthetically pleasing.

[00:03:51]Um just to control those types of things, not a control for variance um you know, an over-controlling person trying to dominate everything you do.

[00:04:02]Um >> Up to controlling everything up to and including the mail.

[00:04:06]>> Yes, and security cameras.

[00:04:08]>> And security cameras.

[00:04:10]>> Anything else that they have not controlled? Anything they have not controlled?

[00:04:15]>> It's everything. I mean, there there are tons of weeds in my uh flower beds out front. I'm not allowed to touch them.

[00:04:22]>> Or you get fined?

[00:04:23]>> Yes, you get violation notices and then fined. Oh, and um so I'm in foreclosure process right now, too, because they were supposed to come around and retouch or touch up paint in 2022 and they didn't. So later that year, I decided myself to spend my own money and have the outside of my home painted. The CCR state if you paint the home the same color, you don't have to have um approval. So I matched it up, did what I thought I had, you know, was doing according to their rules.

[00:04:57]Um and that was done in 2022. I even emailed them in '23 and mentioned about painting. When the discovery um information came up with the lawsuit, he asked what improvements you had made to your home. I mentioned I painted my home in 2022.

[00:05:13]So then I got um I got to attend an HOA hearing and then I got um told that I needed to repaint my home again.

[00:05:23]Um so I was going to do that and then he started putting a lot of restrictions on me about how he was going to have to vet the painter. Um I was not to touch the home until he said I could.

[00:05:34]Um needed lab results from Sherwin-Williams to say it was the right color. Um make the painting contractor add the HOA to their insurance. And that he was going to have to come back and inspect the project when it was completed and at that time I was like, "Hold up. I This is ridiculous. Um I'm not going to go through this, so um I've been getting fined $100 a day um since September and now my home has a lien on it and threatening foreclosure next week. So, I have a hearing scheduled for next week.

[00:06:10]>> Oh my goodness.

[00:06:11]>> It's insane.

[00:06:13]>> Yeah.

[00:06:14]>> Yeah, [clears throat] it's insane.

[00:06:15]>> like it.

[00:06:15]>> So, it's it's all in retaliation.

[00:06:18]>> Just >> cuz he wants to own all of our homes and he's doing everything in his power to do that.

[00:06:26]>> Any word on idea how um or when a decision from a judge will come down on this request?

[00:06:34]>> No.

[00:06:34]>> They're working on that.

[00:06:35]>> Yes.

[00:06:35]>> I think we were supposed to have um a hearing the 1st of June.

[00:06:40]Um but we're trying Our attorneys are trying to get a transcript of the trial from the county and that there they said they couldn't have it until July and so our attorneys are pushing back um cuz that's all part of our case.

[00:06:56]We're trying to, you know, show what was in the trial and without that it it makes it difficult to to move forward, so >> challenge specific statements without a record of the specific statements and that's the transcript.

[00:07:11]>> Okay.

[00:07:11]So much we've learned now through this process.

[00:07:14]>> I know way too many legal terms now.

[00:07:16]>> Yes.

[00:07:17]>> [laughter] >> I've never [clears throat] had to do anything with an attorney other than like on a home closing.

[00:07:24]Um yeah.

[00:07:25]>> Yeah. I'm so sorry you are going through all this. Um wow, my heart just breaks for you guys.

[00:07:32]But we thank you for coming in and for sharing.

[00:07:35]I do have a lawyer that I I'm talking to that has weighed in on on HOA real estate many times. He wanted to wait till a decision comes from the judge. Uh cuz he does not want us to wait any outcome.

[00:07:51]Uh so, we will wait for that. Just to weigh in and see, you know, um >> I'll have to add to my legal terminology. If he would want to work pro bono, where >> [laughter] >> All right, we'll throw that out there.

[00:08:03]We'll throw that out there.

[00:08:04]>> thank you, Jane, very much for having us here.

[00:08:07]>> We really appreciate it.

[00:08:08]>> Appreciate you guys coming in. Yeah, again, we couldn't have done this in 3 minutes. So, um we we unpacked a lot today and maybe we'll we'll revisit again down the >> That would be great.

[00:08:19]>> Hopefully under better circumstances.

[00:08:21]Thank you so much. Thank you. Thank you.

[00:08:25]Uh and we thank you for joining us here for this special conversation. Wow, it was in-depth, wasn't it? Uh we'll take a quick 2-minute break here and regroup on Live Impact News.