Schweihs v. Chase Home Finance, LLCAnnotate this Case
Chase owned the mortgage on plaintiff’s Northbrook home and had the right, in the event of a default, to enter onto the property to make repairs. Plaintiff defaulted in 2007. Chase obtained a judgment of foreclosure. Plaintiff had the right to possession until the redemption period expired on August 25, 2010. On June 17, 2010, Chase’s contractor for inspections and preservation services received a report that plaintiff’s property was vacant and placed an “initial secure” order. Its subcontractors, Gonsalez and Centeno, inspected, knocked on the door, and spoke with a neighbor who stated that the house was not occupied. Gonsalez entered the home and was confronted by plaintiff. Gonsalez left. Gonsalez and Centeno waited and plaintiff stayed on the phone with the dispatcher until the police arrived. No arrests were made. Gonsalez offered to replace the lock, but plaintiff declined. Plaintiff testified that she became afraid while in her home and fearful of attack. On the day of the incident, plaintiff went to the hospital. Subsequently, she sought treatment, therapy, and medication for issues with sleeping, post-traumatic stress, anxiety, and depression. Her employment was terminated. She sued. The court rejected claims of private nuisance, intentional infliction of emotional distress, and negligent infliction of emotional distress. Claims of trespass and negligent trespass are still pending. The appellate court and Illinois Supreme Court affirmed. Plaintiff did not allege a physical impact, as a direct victim, as required for a claim of negligent infliction of emotional distress. There is no question of fact as to whether the conduct of Gonsalez and Centeno could be deemed extreme and outrageous, so summary judgment on the intentional infliction of emotional distress claim was proper.