In 2019 The Home Theft Associations Otherwise Known as Home Owners Associations (HOA) are Finally Being Reprimanded for Stealing Homes from Citizens

SC home sold for $3,000 over late $250 HOA fee. Supreme Court calls that ‘unconscionable.’

Published; 18th Dec., 2019

They didn’t pay $250 in homeowners association fees. For that, one Midlands couple lost their home of 21 years.

Unbeknownst to Devery and Tina Hale, their $128,000 house in Irmo was sold at auction for $3,000 in 2014.

But Wednesday, the South Carolina Supreme Court ruled in the Hales’ favor, sending their case back to the court that handles foreclosures to decide whether their home was sold for too small a price. Still one justice said the new auction winner “bought it for a pittance.”

“Homeownership is the quintessential American dream. Purchasing a home is the largest investment that most South Carolinians will make,” Chief Justice Donald Beatty wrote in his opinion. “To allow the hard-earned equity to be confiscated by a bidder’s minimal investment is unconscionable. This is especially troubling when the foreclosure sale is the result of an HOA lien.”

In South Carolina, homeowners associations have the legal right to foreclose on members’ homes to collect on delinquent fees. But when the auction price has not met a particular threshold, homeowners have been able to challenge the sale in court.

If the masters-in-equity court rules the sales price of the Hales’ home was “grossly inadequate,” the family will have recourse to get it back, the court said.

“This is just so great,” said Brian Boger, the Hales’ lawyer.

Lawyers for the Winrose Homeowners Association and the auction buyer, Regime Solutions LLC of Columbia, did not return messages requesting comment Wednesday.

The Hales’ saga started in April 2011, four months after they fell behind on dues, when the Winrose HOA filed a lien on their home.

Three years later the association filed for foreclosure over the unpaid fee. Within five months, Richland County Master-in-Equity Joseph Strickland, the judge in charge of overseeing real estate disputes and foreclosures, ruled the home to be sold at auction.

Two weeks later, the home was sold off to satisfy the fee that had ballooned to almost $2,900 for interest charges and lawyer fees.

The Hales received no notice of the judge’s order or that their home was sold at auction after that ruling, according to the Supreme Court opinion. It wasn’t until receiving an eviction notice from the new owner the couple realized what had happened.

The justices chided the Hales for not responding to the initial court filing or paying their dues on time. But they noted in their opinion, the Hales paid their past-due bill after the HOA filed its legal action and the law firm representing the HOA sent notice to the couple that the lien had been satisfied.

The State Bar of Texas CDC Needs to Educate Itself Relative to Claim Preclusion Laws in Texas (Part I)

Disabled woman suffering depression fights in court to keep her home after foreclosure sale

Published; 19th Dec., 2019

A disabled woman from Loveland fought in court to keep her home after her homeowner’s association foreclosed on it when her dues payments stopped.

Since Contact7 first reported the story, Damien Bielli, with Windsong HOA, confirmed they reached an agreement with Martha Hummel to repay the two years’ worth of dues she owned.

But instead of a closed case in court on Thursday, the attorney for C&C Investments, Craig Stirn, the company that bought the home, argued to uphold the house sale.

The company purchased the house for $19,000. Hummel says her home is worth more than $350,000. “They stole my house from me,” Hummel said.

Hummel says her HOA payments were automatically withdrawn, but they stopped when the management company changed. She says she didn’t realize her payments stopped going through until she received an eviction notice.

Hummel said she suffered from a medical condition and depression, which kept her inside her home.

“Once you get severely depressed, you do not think; you do not have any contact with the outside world,” Hummel said.

The HOA company said they attempted to make personal contact no less than four times.

Hummel said she couldn’t go outside to get her mail. She says she lived off Domino’s pizza and Chinese food.

Troy Krenning, Hummel’s attorney, says he is confident they will win the home back.

“The court never ordered an authorized the sale of that property,” Krenning said. “She should keep the house now because there is no longer a fight over whether or not she should keep it. The HOA says ‘all we want is our money.'”

Hummel says she is ready to pay her dues if she can keep her home.

The judge did not reach a ruling. She asked Stirn to submit a briefing for his client, and Hummel and her attorney will have 10 days to respond.

The judge will ultimately decide who keeps the home.

“My health is still not good, so having my house back means the world. That is my future,” Hummel said.

She is now warning people that they could lose their home to unpaid HOA dues.