Modular home sat on two pieces of property, woman claims

Kelly Holleran Jul. 6, 2010, 3:32am

A Washington Park woman has filed suit against the realtors who sold her a modular home, claiming they did not disclose the fact that it sat on two pieces of property.

Geria Edwards claims she purchased a home at 4835 Washington Park Blvd. in Washington Park for $15,000 on Sept. 28, 2007.

Before Edwards purchased the property, Sellstate Expert Realty and Century 21 -- Bailey and Company -- the two realty companies involved in the transaction -- led Edwards to believe she was buying a modular home on a foundation situated on a single parcel of land, according to the complaint filed in St. Clair County Circuit Court.

Only after she bought the property was Edwards informed that the carport and a portion of the residence encroached on the adjacent property, the suit states. On July 14, 2009, the owner of the neighboring land sued Edwards, and the court found in the owner's favor, the complaint says.

Edwards claims she agreed to convey her lot to the adjacent property's owner through a court order on Sept. 21 and, as a result, lost the title to her property.

"That because of Defendants' breach of duty to Plaintiff, Plaintiff incurred damages in an amount of $50,000 in the cost of the purchase price of the property, any money she invested for improvements on the property, she lost title to the property, has incurred attorney's fees and costs in defending the previous encroachment action, and has incurred attorney's fees and costs from bringing this action," the suit states.

In her four-count complaint, Edwards is seeking a judgment of no more than $200,000, plus costs, interest, costs of improving her property, fees and costs of the defending the encroachment action, costs of her current suit, attorney's fees and other relief the court deems just.

Erin M. Doyle and Todd W. Sivia of Sivia Business and Legal Services in Edwardsville will be representing her.

St. Clair County Circuit Court case number: 10-L-308.

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