A woman alleges she was unable to close on the sale of her home after a potential buyer placed two contracts on homes at the same time, then elected to buy another home.
Kathryn Miller filed a lawsuit Oct. 30 in St. Clair County Circuit Court against Shelly Stines and DAS Acquisition Company doing business as USA Mortgage.
Miller alleges she had a valid contract with Stines in which Stines was supposed to buy her home at 1061 Edgewood Drive in O'Fallon. Stines was supposed to close on the property Aug. 11, according to the complaint.
Although DAS originally had pre-approved Stines' purchase, it notified Miller that Stines no longer was financially qualified for a loan, and on July 28 DAS disqualified Stines from a loan for the home, the suit states.
In the meantime, however, DAS did approve Stines for a loan on another home, the complaint says.
"Stines had this other home under contract simultaneously with the home she had under contract with plaintiff," the suit states.
Because of Stines' original contract with Miller, she turned down three other buyers, according to the complaint. Miller alleges she has been forced to lower the sales price of the home and is incurring monthly mortgage and utility costs that she could have otherwise avoided.
In her complaint, Miller seeks actual damages of more than $300,000, plus punitive damages, costs and other relief the court deems just.
Attorney Paul J. Evans, of Evans Law Firm in O'Fallon, will represent Miller.
St. Clair County Circuit Court case number: 14-L-719.