Nell Britt is a beloved 78-year-old local resident battling cancer and the foreclosure of her longtime home; however, there may be light at the end of the tunnel.
Britt faced a foreclosure auction in November for unpaid legal fees, but a Go Fund Me effort has raised more than enough to fix that – with $14,625 raised as of Tuesday morning.
Mrs. Britt lives on a two-parcel lot of just over 10 acres off Hiwassee Dam Access Road in a 1,792-square-foot house she and her late husband, Lonnie, shared since they bought it in 1971.
Known in the community as a churchgoing, volunteer-minded former cafeteria worker at Hiwassee Dam High School, she had fallen behind paying her property taxes as she battled cancer.
Cherokee County Tax Collector Delenna Stiles said Britt started falling behind on her property tax with the 2021 bill, which was due in January 2022. That continued through 2022, 2023 and 2024. By the time the collection effort began, she owed $4,729.25 in back taxes, including $695.20 in fees and late charges.
The county uses The Kania Law Firm of Asheville to handle property tax collections. The firm handles property tax collections for numerous counties in the western part of the state.
After she was notified in February of the collection effort for the unpaid taxes, Britt was able to pay the past due amount four days later. She still owes another $1,121 in January 2026 for the 2025 bill, but it is not past due.
Law firm’s fee
Although she caught up on her property taxes, Britt didn’t pay the law firm’s fee, which was billed at $4,759.85 but may continue to grow.
Law firm managing partner Richard Kania said his firm has worked on the case for about eight months and defended the charge when asked if that amount is reasonable and customary. If anything, he added, the bill was low.
“We spent a lot of time in this file, mostly because they wouldn’t respond,” Kania said.
Online sources show a reasonable and customary law firm charge for cases like this ranges from $2,000 to $5,000.
Working with Britt’s relatives, Kania said his firm negotiated a payment plan, but no payments were ever received. The firm took her to court and received a summary judgment from Judicial Officer Kristy Parton in late July, with a notice of sale recorded on Oct. 2.
The foreclosure sale is scheduled for 11 a.m. Nov. 6 at the Cherokee County Courthouse door. Proceeds from such a sale would first pay off the owed legal fees, with anything else going to the former property owner.
Kania said selling property is an undesirable last resort for the law firm. He added that the auction can be avoided if the fee is paid any time between now and when it starts.
The legal notice, scheduled to be printed in the Cherokee Scout next week, lists the larger of the two parcels she owns, but not the roadside frontage. That means if the property is sold, the new owner would have to work with her or neighboring property owners to gain access.
The community responds
A flood of people have risen to Britt’s defense on social media, especially since Hiwassee Dam resident Robert Garland became an advocate for her and started sharing her story.
News of her predicament gained traction on social media, and Murphy resident Valori Cassel set up a Go Fund Me account on her behalf. By Tuesday, the effort raised enough money to pay the legal fee, her current tax bill with more to spare.
“I want to make sure it goes to whatever she needs,” Cassel told the Scout.
In her Go Fund Me preamble, Cassel wrote, “Mrs. Nell has always been kind, humble and responsible. She doesn’t deserve to lose her home while battling cancer, especially after paying what she owed. We’re asking for help to raise the funds needed to stop the sale and allow her to stay safely in her home during treatment.
“Every dollar counts, and time is running out. Please donate or share this page to help save Mrs. Nell’s home before it’s too late.”
Cassel said she is going to leave the Go Fund Me open, and any extra funds will go directly to Britt to help with home repairs, attorney fees or anything else she may need.
“Thank you to everyone who shared, donated, and stood together to save this sweet lady’s home – we truly are blessed to live in such a close and caring community,” she said.
The Scout attempted to contact Britt for this article but was unsuccessful.