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Estero retiree suing bank after surprise foreclosure

nbc-2.com | March 5, 2015

By Trent Kelly

ESTERO - A retired policeman got the surprise of his life when he returned from vacation and found his Estero home locked up and a foreclosure sign out front.

But he says he wasn't behind on his mortgage payments. Now he's suing the bank and the company who he says broke into his home to chain up his doors.

It all happened last November when 66-year-old Mike Tomasovick, a retired Chicago police officer, received a call from one of his neighbors while he was out of town.

"Asked me what was going on with the house because there's a sign in your window saying the house is vacant and unsecure," he said.

Knowing he was up to date on his payments, Tomasovich immediately contacted his mortgage lender - Fifth Third Bank.

"Fifth third said they got some sort of complaint that the house was in a state of disrepair, and they sent somebody out to check on it," he said.

That somebody was an employee of a company called "Field Asset Services."

But instead of seeing the clear signs that someone was living there -- like a fully stocked fridge and a fully furnished home -- Tomasovich says the employee chained up his lanai, and posted a sign -- essentially foreclosing on his home.

"I mean, these guys broke into my house. For what reason, I don't know," said Tomasovich.

As a result, Tomasovich and his attorney filed suit against Fifth Third Bank and Field Asset Services -- claiming both were negligent and damaged Tomasovich's reputation.

"A bank never has the authority to enter anyone's home, barring a court order or something else," said attorney Harris Katz.

"I just want to stop them from doing this stuff," said Tomasovich. "They can't do these things. I mean, you just can't break into somebody's house."

Field Asset Services tells us they are not commenting on this case publicly and our calls to Fifth Third Bank were never returned.


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CFLA was founded by the Nation's Leading Foreclosure Defense Attorneys back in 2007 to serve the Foreclosure Defense Industry and fight pervasive Bank Fraud. Since opening our virtual doors, CFLA has rapidly expanded to become the premier online legal destination for small businesses and consumers. But as the company continues to grow, we're careful to hold true to our original vision. For us, putting the law within reach of millions of people is more than just a novel idea—it's the founding principle, just ask Andrew P. Lehman, J.D.. With convenient locations in Houston and Los Angeles, you can contact Our National Account Specialist and General Manager / Member Damion W. Emholtz at 888-758-2352 for a free Mortgage Fraud Analysis or to obtain samples of work product, including cutting edge Bloomberg Securitization Audits, Litigation Support, Quiet Title Packages, and for more information about our Nationally Accredited and U.S. Department of Education Approved "Mortgage Securitization Analyst Training Certification" Classes (3 days) 24 hours for approved CLE & MCLE Credit (Now Available Online).

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