Franklin Co. woman could lose home in fight with contractor

Two different families in Franklin County say BMB Contractors has caused them huge problems.

Tracie Pearsall hired the company to build her home on a piece of land she bought with her husband.

"God led us to this land and that's how we found it," Pearsall explained to 5 On Your Side.

The home is mostly built, but the closing was delayed and when BMB Contractors didn't pay their subcontractors, those subs filed liens on the home. The bank foreclosed on the house and it could soon be put up for auction.

"I didn't see it coming, I'll be honest. Neither me or my husband saw it coming," Pearsall said.

According to court documents, when Pearsall and her husband hired BMB Contractors, the couple says the owner, Ben Britt, convinced them to sign the land deed over to him so that he could use it as collateral for a construction loan to build the house. The plan was to give the land back to Pearsall during closing after the home was completed.

Pearsall agreed, but when Britt didn't pay his bills, those subcontractors filed liens on the property and that prevents the land and the home from being sold until the liens are paid off.

"I can't just say give it back because there are liens on the property," Pearsall emphasized. "Our lender is not going to pay out any money, send any money, write a check or anything until the liens are absolutely clear."

There are also problems with Britt's work. The home failed a Franklin County inspection and a subsequent engineering report found serious code violations and recommended demolishing and re-framing the bonus room roof and repairing other structural issues.

Britt hired his own engineer who disputed that report.

When Pearsall and Britt couldn't resolve their differences, Pearsall took Britt to court.

Britt then tried to sell the home and land, listing it for sale twice.

"We want our land back and we want our home," Pearsall said.

While 5 On Your Side was investigating Pearsall's case, our team learned that a different homeowner, Matthew Edwards, also had a significant complaint against Britt and BMB Contractors.

Edwards hired Britt to remodel and add on to his historic home in Louisburg, but nearly three years later, the massive wrap-around porch that drew the Edwards' to the house hasn't been fixed up.

"Can't let the children come out due to several holes," Matthews said about the porch floor.

Edwards said the new basement wasn't waterproofed like it should have been and it flooded.

"Most of our family pictures and stuff that were down there in the move-in process all ended up with mold and all ended up at the dump," Edwards said.

5 On Your Side asked Edwards how much he'd lost between work Britt didn't do and work Britt did do, but needed repairs.

"It's well over a quarter of a million dollars," Edwards replied.

Edwards says there were so many other problems that after Franklin County Deputies investigated, they charged Britt with a felony.

5 On Your Side called Ben Britt to get his side of things. At first he told us he wanted to talk in person and asked us to call back to set up a time. He did not answer when we called back and eventually texted back telling us to contact his lawyer. 5 On Your Side eventually got this statement from Britt's attorney Ryan Willis:

"Ben Britt and BMB Contractors deny any fraudulent conduct in their business dealings with Matthew and Danielle Edwards or Tracie Pearsall. My clients are disappointed that the parties did not honor the terms of the contracts they entered. However, Mr. Britt and BMB Contractors will continue to work to resolve legal disputes with these customers through the court process."

When asked what terms of the contracts were not honored, Willis replied: "In the Pearsall matter, they refused to close on the house after Franklin County issued a certificate of occupancy. The Edwards’s refused to pay for or discuss overages in cost for materials that were made at their request, which led to liens being placed on the home by subcontractors."

However Pearsall's complaint against BMB Contractors says the home was "incomplete" and "unhabitable" at the time of the scheduled closing and included pictures of the home "in total disarray and unfinished."

5 On Your Side spoke to Edwards' attorney, Jeff Thompson, about the assertion that the Edwards' refused to pay for overages.

"That falls in line with the previous two years worth of excuses from Britt," Thompson said.

The NC Licensing Board for General Contractors says there is an open investigation against BMB Contractors and a complaint against Ben Britt that is awaiting a hearing with the board.

The home Pearsall had built is now in foreclosure and she's hoping one more prayer gets answered before it's auctioned off.

"We want help, we want the community to know what's going on and we want all the help we can get in this situation because we can't move into our home," Pearsall said.

A hearing is scheduled for Tuesday where a judge could decide if the bank can auction off Pearsall's home to pay off the liens.

Pearsall and her attorneys are fighting that foreclosure.