929 Carla Drive in Troy
Natalie Earnhart's refusal to make payments on the home her father bought for her has prompted Richard Peterson of Benson, Ill. to sue his daughter for $145,644.32.
Peterson filed a lawsuit in Madison County Circuit Court Jan. 12 claiming Earnhart failed to pay monthly installments for the home located at 929 Carla Drive in Troy.
According to the suit, Peterson claims that on Oct. 25, 2001, he entered into an oral contract with his daughter in which he would obtain a home loan from ABN AMRO Mortgage Group in the amount of $134,350.
Pursuant to the terms of the oral agreement, Peterson claims he gave the title to his daughter, in return for monthly payments equal to the amount of the mortgage.
Peterson claims that his daughter was required to give the property back to him if she failed to make the proper payments.
On May 7, 2003, ABN ARMO filed a complaint to foreclose on the property for lack of payments, and a judgment was entered in Madison County on Sept. 19, 2003.
Peterson claims that on Dec. 23, 2003, he mailed the attorneys representing the mortgage company a check for $145,644.32 the required payoff.
The suit also claims that Earnhart has failed to perform all of the conditions of the agreement, and has also refused, despite his demands, to convey the property back to him.
“Defendant has been and will be unjustly enriched at the expense of the plaintiff, specifically, defendant’s action to take possession and ownership of the property without consideration for such,” the complaint states.
Peterson is seeking a judgment against his daughter for breach of contract, an award of specific performance of the contract and a judgment requiring her to revert title back to him, and award of $145,644.32 plus all costs and fees in the suit and any other relief the court deems just and equitable.
Peterson is represented by Clifford Emons of Alton. The case has been assigned to Circuit Judge Andy Matoesian.
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