Andrea Dearden Feb. 21, 2013, 7:04am
A Madison County woman is suing a mortgage company she claims unlawfully entered her deceased father's home and destroyed property.
Diana Rogers filed a lawsuit Feb. 11 in Madison County Circuit Court against Reverse Mortgage Solutions Inc. and National Field Network LLC.
According to the complaint, Rogers acquired a home on Perch Drive in Highland after her father passed away. Prior to his death, Rogers' father had secured a reverse mortgage from Live Well Financial Inc., the petition says. Rogers says the home was foreclosed on in January 2012 but says she remained entitled to the premises through Feb. 24, 2012.
Rogers says Reverse Mortgage Solutions was hired to oversee and manage the sale of the property following the foreclosure. That company allegedly hired National Field Network to act on its behalf.
Rogers says she had undergone shoulder surgery prior to the foreclosure and had temporarily moved into her son's home about a mile away from her own house. She says she visited the home daily to check mail and care for her cat. The home was furnished and all utilities were functioning, according to the complaint.
On Feb. 8, sixteen days prior to the date Rogers was legally required to surrender the property, she says two people acting on behalf of RMS and National Field Network went on to the property without permission and drilled out the lock on the front door. She says the workers "removed and disposed of numerous valuable items, decimated the home and left the contents not removed from the home in a state of ruin." Rogers claims many of the items taken from the home have never been returned.
Rogers accuses RMS and National Field Network of intentional trespass, negligent trespass, trespass to chattels, conversion and conspiracy. She contends the defendants knew they had no right to be on the property and cause damage but acted with gross negligence and wanton disregard.
The former homeowner is asking to be awarded more than $250,000 in damages for loss of property, mental anguish, humiliation and inconvenience.
Attorney Kenneth J. Brennan of Edwardsville represents Rogers.
Madison County Circuit Court Case No. 13-L-211