Lawsuit: Bank breaks into house, won't give explanation

Somebody broke into former Chicago cop Mike Tomasovich's home in Estero — but it wasn't one of the usual suspects.

It was two men working for a contractor employed by Fifth Third Bank, with whom Tomasovich has a $231,000 mortgage he took out when he bought the house for $250,000 in 2010.

According to a lawsuit filed Feb. 16 by Tomasovich, who splits his time between Chicago and Estero, the two got past the guard at the front gate of the Bella Terra community one day in late November, went to the house and then called a locksmith to gain access to the house by drilling the lanai door lock.

The intruders then posted a notice in the front bedroom window - visible from outside the house - saying that the house was "found to be unsecure or vacant" and later told neighbors that the house was in disrepair and Tomasovich was a deadbeat in foreclosure on the house.

But Tomasovich, who now runs a security company, isn't a deadbeat. Lee County and federal public records show he's not in foreclosure and never has been.

There's also no possible way someone could have thought the house was abandoned, he said:

"There was food in the refrigerator, a car in the garage," he said. "Every room is furnished. The electricity was on, the pool was crystal clear."

Still, Tomasovich said, "They put a sign in the front bedroom: 'This house is abandoned and unsecured.' "

The crew, according to the lawsuit, was from Austin, Texas-based Field Asset Services, which was working for Fifth Third contractor Assurant Inc.

Bank spokesman Sean Parker said that Fifth Third has no comment. "We do not, unfortunately, because it's in litigation. We are aware of the situation."

Officials with Field and Assurant didn't return phone calls.

Tomasovich said he called the bank Dec. 1 and asked what happened. He was told he'd get a response the next day by 9:15 a.m., but nobody ever responded and he hasn't heard from the bank since.

His attorney, Fort Myers-based Harris Katz, said that even if the house had been in foreclosure, the bank would have needed a warrant from a judge to go into the house.

"From my perspective they acted with complete disregard," he said. "To be honest, I'm shocked that I haven't heard from anyone at the bank yet."

The lawsuit asks for damages of more than $15,000 and alleges trespass, invasion of privacy, defamation and breach of contract against Fifth Third, Field Asset and Assurant, and negligence against Field Asset and Assurant.

Now Tomasovich says he thinks that whatever happened, it'll be hard to persuade his friends and neighbors that he's not a deadbeat.

Already, one man came up to him at the house and asked, "Is this house for sale, sir? What are you going to ask for it?"

People can't quite believe a bank would just decide to break into someone's house with no good reason, Tomasovich said.

"They look at you and they don't believe that," he said, but the bank is no help in clearing it up. "They won't give me an answer, an explanation."

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