A former Chicago police officer, Mike Tomasovich, filed a lawsuit claiming that his own mortgage bank, Fifth Third Bank, sent contractors to break into his Estero, Florida, home via a drill through the door lock.
The two intruders then posted a note on the front window that could be read from the outside that warned the residence had been “found to be unsecure or vacant,” the Fort Myers News-Press reported.
Tomasovich, who splits his time between Chicago and Estero, said he’s kept up with payments and has never been in foreclosure. Lee County public records confirm that, the newspaper reported.
“There was food in the refrigerator, a car in the garage,” he told the paper. “Every room is furnished. The electricity was on, the pool was crystal clear.”
So what gives?
The two men who entered the home worked for a Fifth Third contracting company, the Austin, Texas, Field Asset Services, the newspaper said. But the bank won’t comment – and so Tomasovich had little recourse but to sue to find out what’s going on. His attorney, Harris Katz from Fort Myers, said even if the house had gone into foreclosure, the bank should have presented a warrant signed by a judge.
“From my perspective, they acted with complete disregard. To be honest, I’m shocked that I haven’t heard from anyone at the bank yet,” he said.
Ironically, Fifth Third Bank bills itself as “The Curious Bank,” and uses the marketing slogan, “The Fast and the Curious.”
Tomasovich’s lawsuit seeks more than 15,000 in damages as well as a judgment on allegations of trespass, invasion of privacy, defamation and breach of contract. Fifth Third, Field Asset and Assurant are named as defendants. He also said people are shocked at his allegations – that a bank broke into his house. “They look at you and they don’t believe that,” he said, in the newspaper. “[But the bank] won’t give me an answer, an explanation.”