Summary judgment granted against mortgage company accused of property destruction

By Heather Isringhausen Gvillo | Jan 12, 2014


A woman suing a mortgage company for allegedly unlawfully entering her deceased father’s home and destroying property was granted summary judgment against Reverse Mortgage Solutions.

Diana Rogers had sued on Feb. 11, 2013, claiming she acquired a home in Highland after her father passed away. Prior to his death, her father had secured a reverse mortgage from Live Well Financial Inc., the complaint stated.

However, Rogers claimed the home was foreclosed on in January 2012 while she remained entitled to the premises through Feb. 24, 2012.

Defendant Reverse Mortgage Solutions was hired to oversee and manage the sale of the property following the foreclosure. The company allegedly hired defendant National Field Network to act on its behalf.

Rogers claimed the home was furnished and all utilities were functioning when she temporarily moved into her son’s home following a surgery.

On Feb. 8, sixteen days prior to the date Rogers was legally required to surrender the property, Rogers alleged two individuals acting on behalf of the defendants visited the property without permission and drilled out the lock on the front door, the suit stated.

The complaint stated that 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.” Many items have not been returned, Rogers claimed.

Defendant National Field Network answered the complaint on May 22, denying the allegations against it and demanding a trial by jury.

National Field Network, represented by Michael P. McDonald of the Law Office of Thompson & McDonald in St. Louis, filed its motion to compel on July 17.

An order of default was entered against Reverse Mortgage Services on Aug. 21.

According to Rogers’ motion for default, Reverse Mortgage Solutions was served with a summons, but failed to enter an appearance or respond to the complaint.

On Oct. 4, Madison County Circuit Judge Andreas Matoesian granted National Field Network’s motion to compel and ordered Rogers to reply to the written discovery.

On Dec. 19, 2013, Plaintiff Diana Rogers requested a hearing “to assess damages and to enter a default judgment” against defendant Reverse Mortgage Solutions.

Rogers sought a judgment of more than $250,000.

Kenneth J. Brennan of KenBrennan Law PC in Edwardsville represents Rogers.

Madison County Circuit Court case number 13-L-211

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