Madison - St. Clair Record

Saturday, September 21, 2019

Judge Matoesian grants summary judgment in suit involving property dispute

By Heather Isringhausen Gvillo | Mar 22, 2016

Madison County Circuit Judge Andreas Matoesian entered a judgment in favor of the plaintiff for $73,346, after the defendant failed to formally plead in the case involving a property dispute.

Matoesian held that the testimony of the witness has sufficiently proved the allegations raised in the complaint. He entered the judgment for $73,346 under Count II, but he reserved judgment as to Count I of the complaint.

Sabrina R. Randolph filed her lawsuit on Sept. 15 against Bruce E. Postel.

According to the complaint, Randolph claims Postel agreed to take over some real estate she owned with her sisters and to secure a loan on the home for purposes of satisfying all past due real-estate taxes. Randolph and Postel have a son together.

However, the plaintiff alleges Postel then sold the home below market value and denied Randolph any compensation for the sale.

Randolph filed a motion for default judgment and asked for a hearing on damages on Nov. 25, arguing that Postel failed to answer or plead in the case.

Postel informally filed several exhibits and provided his answers to the case on Dec. 21 in a letter to the court. He is representing himself pro se.

“Sabrina signed over a quick deed to me and my written response was I would try to get a loan against the house and allow her to make payments on ‘my’ loan. After several loan attempts, the house could not receive a lean against it because it needed over $20,000 in repair, had a tax lien, plus the deed (description of property) was incorrect just to mention a few,” his request states.

Damages to the house included a cracked foundation and rotting roof.

Postel said he hired Alton attorney Julie Harper to issue a correction deed, which he claims he received in March 2015.

Because he could not obtain a loan on the house, he said it had to be sold before the property tax lien fell into effect on Aug. 31, 2015. Harper agreed to sell the house in March 2015.

Postel argues that he settled his dispute with Randolph in June 2015 for $5,000 just before the house was sold.

He claims that while Randolph was living in the home from October 2014 until it was sold, he did not charge the plaintiff any money. However, she asked him to write up a rental agreement saying she paid $450 a month so she could turn it into the state to receive aid, which Postel says is fraud.

He also alleges Randolph fraudulently signed her brother’s name on the quick claim deed, which he allegedly knew nothing about.

The plaintiff is represented by Joseph C. Rathert of Tomerlin Law Office in East Alton.

Madison County Circuit Court case number 15-L-1185

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