by: Tina Terry Updated:
STATESVILLE, N.C. - Eighteen families in a Statesville subdivision are fighting foreclosures they didn't cause.
Charles Fogle and his family were still enjoying their home in the Fox Den subdivision Tuesday even though they could be forced out in a few months.
In August, the Fogles and more than a dozen other homeowners received a letter that said they would have to pay $4.6 million or face foreclosure. The debt was from an unpaid construction loan nearly 10 years ago.
Last week, homeowners received a letter notifying them their foreclosure hearing has been rescheduled for Nov. 26. An attorney for the plaintiff said they agreed to give the defendants more time to prepare.
The Fogles and other homeowners said they shouldn't be made responsible for any unpaid construction debts.
"The loan documents that were done when Mr. Goforth was alive contained a provision that any piece of property that was sold from Fox Den would require his release," said attorney David Price, who represents the estate of Dwight Goforth.
Goforth issued the loan to the developer.
"He passed away, property was sold and attorneys doing title work missed that requirement in the mortgage. They made some substantial errors," Price said.
The attorney said he hopes his client and the title insurance company can come to an agreement.
"We have no desire to dispossess anybody of their home," he said. "Each of these homeowners should have title insurance, which guarantees them good titles. This title insurance should pay for their attorneys' mistakes."
Even if there is no agreement, Fogle and other homeowners hope the judge will side with them.
If an agreement can't be reached after the November hearing, the actual foreclosure date for these families is scheduled for Jan. 3.