Legal Issues

HOA Foreclosed On Woman's Home, Sold It Without Her Knowledge

HOA Foreclosed On Woman's Home, Sold It Without Her Knowledge

A homeowners’ association in North Carolina reportedly foreclosed on a neighborhood resident’s home without informing her.

According to one recent report, the homeowner only found out when the bidder who purchased her residence at auction contacted her by phone. Trenita Rogers owned her home outright and had lived in the house for 12 years when it was put on the auction block. 

Ms. Rogers’s homeowners’ association said she had not paid her annual dues, leading to the foreclosure. 

Credit: JMoor17/Getty Images

However, the former homeowner’s attorney, Jim White, contends that Ms. Rogers was unaware her house was part of the HOA.

In an interview with Raleigh-Durham’s ABC 11, Ms. Rogers shared that she thought the auction winner “was joking” when he informed her that she would need to relocate from her Winterville abode.

Ms. Rogers and her legal counsel originally filed a motion with the North Carolina Superior Court on November 7. 

She has been sleeping on a friend’s couch amid the turmoil. 

The aforementioned report notes that the HOA sold the home for $221,600, which is significantly less than its apparent value. In mid-November, Zillow approximated that the property would sell for $520,000.

Credit: SDI Productions/Getty Images

Throughout her legal battle, Ms. Rogers has continued to assert that she did not know her residence was part of the ​​Irish Creek Section 2 Owners Association (Irish Creek HOA). 

According to her court motion, some of her neighbors are in the HOA, while others are not.

Attorney White also asserts that Ms. Rogers did not receive proper notice about the real estate auction from the homeowners’ association. In speaking to ABC 11, he noted that she did get mail “from a law office…she thought they were junk mail and the law requires more notification than that.”

“A knock on the door, a phone call, something to tell her that her $520,000 home was about to be sold…would likely have averted the sale. But no real effort was made to notify Ms. Rogers,” the legal motion notes.

The case may be an uphill climb, as North Carolina law does allow HOAs to begin foreclosure proceedings. Ms. Rogers’s case largely hinges on the fact that the association may not have complied with the requirements to inform her of the upcoming sale of her property.

Ms. Rogers reportedly had a scheduled court date regarding her case on December 9 but it has not been publicly announced if she was allowed to return to her former residence.

What do you think about the Trenita Rogers case?

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Gordon W. McNamee

Gordon W. McNamee

Gordon W. McNamee is a Certified Public Accountant (CPA) based in Rancho Cucamonga, CA. Gordon W. McNamee can assist you with your tax return preparation, payroll, accounting and tax planning needs. <br /> <br /> 2021 is Gordon W. McNamee, CPAs 38th year in the profession. As as a former IRS agent (1984 through 1987), Gordon has been in public accounting since 1987. Gordon specializes in individual, corporate, HOA, trust, estate and payroll taxes. He also prepares financial statements and provides accounting & bookkeeping services. He enjoys making his clients feel at ease while providing a personalized professional service.

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