Murphy – With nearly $15,000 raised in a grassroots fundraiser and a hefty legal fee reportedly paid in full, a looming auction to sell off an elderly Hiwassee Dam woman’s longtime home seems to be settled.
But the underlying problem remains about a lack of safety nets for people of limited means who fall behind on their housing expenses.
Nell Britt is a beloved 78-year-old local resident battling cancer and foreclosure of her longtime home. She faced a foreclosure auction in November for unpaid legal fees that remained after she paid the county $4,729.25 in February for four years in back property taxes.
According to Radford Cheek, her grandson, Britt didn’t realize she still owed legal fees – most recently reported as $3,252.81 for foreclosure costs and attorney’s fees to the Asheville-based The Kania Law Firm, which handles property tax collections for the county.
Cheek spoke to the Cherokee County Board of Commissioners on Monday evening to explain his grandmother’s situation and the underlying causes that led to it.
He praised a “caring community” but criticized a system that is unfair and confusing. Cheek said the family could not represent itself in court and didn’t know they could pay the past-due fees.
“We were led to believe it had gone too far,” he said, adding that a scenario like this could affect anyone.
Cheek said his grandmother had her family’s help and support, but added, “what about those who don’t?”
He suggested that legal notices be hand-delivered and not simply mailed and risk being overlooked. He suggested that there be a system at the county level to explain the processes before it results in court orders.
Cheek spoke during the public comment portion of the board meeting. Board members by policy typically don’t respond to comments during this part of the meeting, although sometimes they do. In this case, they remained silent.
Lingering resentment
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.
A social media firestorm resulted over Britt’s situation over the legal fee, especially after Hiwassee Dam resident Robert Garland became an advocate for her and started sharing her story.
As news of her predicament gained traction, Murphy resident Valori Cassel set up a Go Fund Me account on her behalf. The effort raised $14,850 as of Monday.
“I want to make sure it goes to whatever she needs,” Cassel told the Scout. She later announced online that the legal bill was paid, averting the foreclosure auction.
A statement released by Britt’s family said it was grateful for the concern, but added, “We want to make something very clear: our family has not asked for donations, and we have not authorized any fundraising campaigns. Some of these pages claim that donations are being used to pay legal fees – including, unbelievably, the bill of the very law firm that caused the foreclosure on Nell’s home. That’s not justice. That’s surrender.
“We’re not trying to ‘just pay the bill.’ We’re trying to stop what we believe is an abuse of the legal system – one that could affect other vulnerable people like Nell.
“… We are working with community allies, including Robert Garland, to seek a dismissal of this case with prejudice and a formal investigation into the foreclosure process used here.”
The statement discouraged people from further donating to fundraisers on Britt’s behalf unless verified by the family.
“If you want to help, call for legal reform, demand transparency and protect those who can’t fight back alone,” according to the statement, signed by The Britt Family.
Garland has been talking about taking further action, including perhaps a class-action lawsuit – he has had his own legal issues with the county in the past.