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Woman Sues Home Developer For Failing To Disclose Racist Neighbor From Hell
Newsone ^ | Ruth Manuel-Logan | Jan 7, 2014

Posted on 01/08/2014 5:09:05 PM PST by nickcarraway

Cyndee Phoenix (pictured) thought she had found the perfect home in a Hamilton County, N. J., residential community to live in with her elderly parents and sister. But what Phoenix did not know and now claims was not revealed to her by the developer, Lennar Homes Corp, who promoted promises of a “wonderful lifestyle,” was that she and her family would be tormented by a neighbor who would threaten, intimidate and make racist remarks.

She is suing the developer for “knowingly concealing” that her future neighbor was a “dangerous individual,” according to Courthouse News.

Phoenix closed on her home last October and moved in a month later. Lennar Homes reportedly warned the neighbor in question, Kevin Elville Potter, about his alleged harassing behavior, requesting that he cease his hostile conduct. The 53-year-old recent home buyer says she met Potter before she actually moved into her home. She was visiting the developer’s sales office one day and happened upon Potter when he was ranting about the lack of landscaping services to a sales rep. The rep later told Phoenix that Potter was no longer entitled to services because his home’s coverage period had expired. After Phoenix had closed on the home, she discovered that Potter was in fact no longer receiving services because of his alleged aggression towards the workers who showed up to perform their duties.

According to documents filed in Atlantic County Court, Potter began his harassing ways soon after Phoenix moved in. Potter allegedly made “death threats to plaintiff’s sister, spit in the direction of Phoenix’s family members, made snide and racist comments about plaintiff, has taken pictures of plaintiff’s guests and stared them down in attempts to intimidate them and continued blocking plaintiff’s driveway with his parked cars.”

The complaint also describes how Phoenix is so “afraid to leave her home” and “is constantly living in fear” that she was forced to hire a security guard because the family was also allegedly stalked by Potter. Phoenix claims that her security guard was even harassed by Potter, who once reportedly followed the employee for 15 miles on the freeway.

Phoenix is reportedly seeking damages for fraud, consumer fraud, misrepresentations and omissions, and violations of New Jersey’s Planned Real Estate Development Full Disclosure Act.


TOPICS: Business/Economy; Local News; Weird Stuff
KEYWORDS: law; newjersey; realestate
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1 posted on 01/08/2014 5:09:06 PM PST by nickcarraway
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To: nickcarraway

Her first mistake was buying a Lenar home. I don’t think she’ll win. The realtor has no responsibility to tell her this. In fact the neighbor could sue if they said something.


2 posted on 01/08/2014 5:13:36 PM PST by driftdiver (I could eat it raw, but why do that when I have a fire.)
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To: driftdiver

No, she won’t win. The realtors and builders are prohibited by federal law from telling you what the racial makeup of the neighborhood is like.


3 posted on 01/08/2014 5:17:08 PM PST by Blood of Tyrants (The War on Drugs has been used as an excuse to steal your rights. Support an end to the WOD now.)
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To: nickcarraway

Was this a gated or HOA ‘hood?


4 posted on 01/08/2014 5:17:17 PM PST by Paladin2
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To: nickcarraway

I bet she has quite a litigious history.


5 posted on 01/08/2014 5:18:07 PM PST by ought-six ( Multiculturalism is national suicide, and political correctness is the cyanide capsule.)
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To: driftdiver

I agree about the realtor, but after reading it, the developer may actually have liability. The sales rep lied to her about the reason why this nutjob wasn’t receiving landscaping, namely that he was showing aggression towards the workers. They knew this guy was such a psycho they had to hide it from future residents. Can a residential community kick someone out for extreme behavior?


6 posted on 01/08/2014 5:20:01 PM PST by nickcarraway
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To: nickcarraway

“Can a residential community kick someone out for extreme behavior?”

Can a developer throw a property owner out based on their rude but legal behavior?

Although I do have to say, if you block my driveway your car will get towed at a minimum.


7 posted on 01/08/2014 5:21:25 PM PST by driftdiver (I could eat it raw, but why do that when I have a fire.)
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To: nickcarraway
She probably thought all white people cower obsequiously in the face of strong women of color.

God bless her and her silly lawsuit.

8 posted on 01/08/2014 5:21:50 PM PST by Trailerpark Badass (There should be a whole lot more going on than throwing bleach, said one woman.)
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To: ought-six

How would you know?


9 posted on 01/08/2014 5:22:19 PM PST by madison10
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To: nickcarraway

You’re not serious, are you? Please tell me you’re not.


10 posted on 01/08/2014 5:23:11 PM PST by Trailerpark Badass (There should be a whole lot more going on than throwing bleach, said one woman.)
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To: ought-six

While on the one hand I feel for her having moved in next to a wierdo...on the other it’s buyer beware. One should always scout the neighborhood before signing a purchase offer and that would include talking to future neighbors.


11 posted on 01/08/2014 5:23:22 PM PST by Ouderkirk (To the left, everything must evidence that this or that strand of leftist theory is true)
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To: nickcarraway
The rep later told Phoenix that Potter was no longer entitled to services because his home’s coverage period had expired. After Phoenix had closed on the home, she discovered that Potter was in fact no longer receiving services because of his alleged aggression towards the workers who showed up to perform their duties.

The neighbor sounds like a "delightful" person.

(do I need a sarcasm tag)

12 posted on 01/08/2014 5:23:26 PM PST by DJ MacWoW (The Fed Gov is not one ring to rule them all)
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To: nickcarraway

“Cyndee Phoenix?”

K. I know a nitwit when I see her. What happened to her hair? Musta been the H1N1 flu.


13 posted on 01/08/2014 5:24:03 PM PST by West Texas Chuck (Burn my flag? I'll piss on your ashes.)
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To: nickcarraway

I don’t suppose this “journalist” tried to contact the neighbor for comment, or interviewed any of the other nieghbors, or spoke with Lenar Homes. If she did, I guess it did not warrant mention in the article. Maybe she thought doing any of those things might ruin her narrative of the nasty racist white neighbor. As usual a university trained reporter is the least qualified person to do the job.


14 posted on 01/08/2014 5:27:28 PM PST by RightOnTheBorder
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To: nickcarraway

LOL!

I picture her scaring her neighbor by having a voodoo ceremony in his sight. Yes, I watched too many sitcoms as a child.

She’s an idiot. a non-diligent idiot.


15 posted on 01/08/2014 5:31:47 PM PST by mrsmith (Dumb sluts: Lifeblood of the Media, Backbone of the Democrat Party!)
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To: nickcarraway

You can’t win if you don’t play.


16 posted on 01/08/2014 5:33:35 PM PST by No Whey Jose (What's a tagline?)
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To: madison10

Someone who would sue for that likely has sued for a wide variety of perceived grievances.


17 posted on 01/08/2014 5:34:34 PM PST by ought-six ( Multiculturalism is national suicide, and political correctness is the cyanide capsule.)
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To: nickcarraway

“Can a residential community kick someone out for extreme behavior?”

They can try. And they can be sued.


18 posted on 01/08/2014 5:36:15 PM PST by ought-six ( Multiculturalism is national suicide, and political correctness is the cyanide capsule.)
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To: ought-six

I bet she has quite a litigious history.


And why is that?


19 posted on 01/08/2014 5:36:34 PM PST by laplata (Liberals don't get it .... their minds are diseased.)
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To: West Texas Chuck

Phoenix is a very pretty woman.


20 posted on 01/08/2014 5:37:22 PM PST by 4Runner
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To: nickcarraway

How special. A website for “black America.” One could guess the comments on the story are hilarious, and filled with love.


21 posted on 01/08/2014 5:38:01 PM PST by Cyber Liberty (H.L. Mencken: "The urge to save humanity is almost always a false front for the urge to rule.")
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To: RightOnTheBorder; All

In the comment section at the website, there’s someone named “Kevin” claiming to be the man’s son. He’s claiming his father is not racist, that his father’s family is “multiracial” and that the whole situation stems from a “parking dispute.”

Of course, there’s no way to know if “Kevin” is whomever he says he is, or what the real story is. But...

This story caught my eye because I live in the same state, and 17 years ago a real estate agent told me that, per state law, the agent does not have to tell you anything about the neighborhood unless you specifically ask a question. For example, there’s a neighborhood a few miles away next to a toxic waste dump; the agents do not have to tell buyers what that “big hill with the flashing lights on top” is... unless they specifically ask.


22 posted on 01/08/2014 5:38:50 PM PST by Tired of Taxes
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To: West Texas Chuck

She’s an attractive woman.


23 posted on 01/08/2014 5:39:55 PM PST by laplata (Liberals don't get it .... their minds are diseased.)
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To: laplata

See post #17 of 23.


24 posted on 01/08/2014 5:41:26 PM PST by ought-six ( Multiculturalism is national suicide, and political correctness is the cyanide capsule.)
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To: nickcarraway

This thread is useless without pictures.


25 posted on 01/08/2014 5:42:41 PM PST by matt1234 (Hitler blamed the Jews. Obama blames the Tea Party.)
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To: ought-six

That’s a possibility. Valid point.


26 posted on 01/08/2014 5:43:12 PM PST by laplata (Liberals don't get it .... their minds are diseased.)
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To: nickcarraway

Can we get this guy to stand on the Capitol steps and chase away Congress?


27 posted on 01/08/2014 5:43:13 PM PST by Rome2000 (THE WASHINGTONIANS AND UNIVERSAL SUFFRAGE ARE THE ENEMY -ROTATE THE CAPITAL AMONGST THE STATES)
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To: nickcarraway

I wonder if you can sue AFTER a neighbor from hell moves in a few years later? I think someone should have told me that could happen when I bought my house.


28 posted on 01/08/2014 5:43:54 PM PST by catnipman (Cat Nipman: Vote Republican in 2012 and only be called racist one more time!)
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To: nickcarraway

Is there an HOA involved in this?


29 posted on 01/08/2014 5:44:08 PM PST by GeronL (Extra Large Cheesy Over-Stuffed Hobbit)
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To: laplata

She certainly is. Who knows what the real story is, though. Maybe it’s the way she sees it; maybe not. Or maybe there’s some truth to both sides of the story. See the comments section at the link.


30 posted on 01/08/2014 5:44:33 PM PST by Tired of Taxes
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To: nickcarraway
Potter may in fact be a jerkoff, but there's also an unmistakable whiff of PC agenda here as well.

Call it a hunch.


not to mention the 'reporter' being a hyphen

31 posted on 01/08/2014 5:46:13 PM PST by tomkat (you'll know when it's time)
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To: nickcarraway
Sorry folks, but it's hard to believe all the negative comments about this woman without ANY facts to back them up.

She may not have a viable lawsuit (I have no expertise whatsoever in real estate law, or ANY law for that matter), but geez--if even HALF of what she says is true, that is a pretty awful situation she has found herself in. She bought a house, for cripes sake, and it turns out that her neighbor is a psychotic Grand Kleagle!

No sympathy at all for her? Not even a hint of a benefit of the doubt? Wow.

32 posted on 01/08/2014 5:46:45 PM PST by Pharmboy (Democrats lie because they must.)
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To: nickcarraway
This, from the comment section at your link:


             

33 posted on 01/08/2014 5:50:35 PM PST by tomkat (you'll know when it's time)
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To: nickcarraway

Only seeing 1 side of the story. Under the theory that people who scream racism are usually projecting, suspect there is another side.


34 posted on 01/08/2014 5:51:14 PM PST by Some Fat Guy in L.A. (Still bitterly clinging to rational thought despite it's unfashionability)
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To: Pharmboy

I know that LE is often close to useless but if those accusations are accurate I wonder why the matter couldn’t have been handled by LE? Death threats are a criminal matter aren’t they?


35 posted on 01/08/2014 5:53:09 PM PST by TigersEye (Stupid is a Progressive disease.)
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To: nickcarraway

Some people wonder why other people think a race war is inevitable in this country. After reading those comments, then it should be a little clearer.


36 posted on 01/08/2014 6:07:39 PM PST by Rage cat
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To: Pharmboy

“a benefit of the doubt? “
About what? What’s in doubt?

Awful neighbors, worse than this, are a common problem. It’s the due diligence of the buyer to knock on the neighbors’ doors before buying and ask them “So, what’s the neighborhood like?”


37 posted on 01/08/2014 6:11:41 PM PST by mrsmith (Dumb sluts: Lifeblood of the Media, Backbone of the Democrat Party!)
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To: nickcarraway
Nope,that's her tough luck.it's not the agent's or developer's responsibility to pass on this kind of info.Before I bought each of the four residential properties I've owned I made it a point to wander the neighborhood and talk to the neighbors.That's what she should have done.
38 posted on 01/08/2014 6:15:34 PM PST by Gay State Conservative (Osama Obama Care: A Religion That Will Have You On Your Knees!)
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To: Rage cat

A lot of those comments were disturbing.


39 posted on 01/08/2014 6:15:38 PM PST by liege (America 180)
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To: nickcarraway

From the comments it sounds like this guys son, Kevin knows the truth. If this guy did all this to her and her family(her sister being a judge)why weren’t things taken care of in a court of a law. I may be siding with Kevin on this one. He also comes from a multi-racial family and says the thing started with his father parking across the street from his house before her’s was built.


40 posted on 01/08/2014 6:15:42 PM PST by freekitty (Give me back my conservative vote; then find me a real conservative to vote for)
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To: Trailerpark Badass

You wouldn’t happen to be her neighbor would you?


41 posted on 01/08/2014 6:15:50 PM PST by billhilly (Has Pelosi read it yet?)
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To: nickcarraway

stupid woman


42 posted on 01/08/2014 6:16:07 PM PST by bigbob (The best way to get a bad law repealed is to enforce it strictly. Abraham Lincoln)
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To: mrsmith
She met the guy before she bought. He evidently was reasonably behaved at the time. Now he's a nightmare, and yet it's her fault.

All righty then, Mr Smith.

43 posted on 01/08/2014 6:17:29 PM PST by Pharmboy (Democrats lie because they must.)
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44 posted on 01/08/2014 6:26:56 PM PST by RedMDer (Happy with this, America? Make your voices heard. 2014 is just around the corner. ~ Sarah Palin)
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To: Rage cat

“Some people wonder why other people think a race war is inevitable in this country. After reading those comments, then it should be a little clearer.”

Too true, judging from the comments it looks like blacks are out for blood.

Also I don’t have any sympathy for this woman as I gathered from the comments section (the son was defending his dad) that this woman’s sister is a judge and that this whole thing smells more like an attempt to set up the developer for a nice little payout of cash because she’s “black and oppressed”.


45 posted on 01/08/2014 6:28:28 PM PST by trapped_in_LA
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To: billhilly

You believe everything you read, don’t you?


46 posted on 01/08/2014 6:28:32 PM PST by Trailerpark Badass (There should be a whole lot more going on than throwing bleach, said one woman.)
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To: Pharmboy

After about 40 everything is your fault, until your dotage.
If she had talked 5 minutes with the guy, especially after observing his abusive behaviot to the salesman, she’d have known what to expect.
At least I’d give her credit for effort.


47 posted on 01/08/2014 6:33:40 PM PST by mrsmith (Dumb sluts: Lifeblood of the Media, Backbone of the Democrat Party!)
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To: Pharmboy

We have no evidence that her accusations of him being a nightmare have any basses to them. We do not know if she is intentionally inflaming the situation.

She may be wanting a black neighbor and thinks she can force him out.
If she can’t then she will get her money back and move somewhere else where the ethnic makeup is “a bit more to her liking”

Either that, or she met his wife first which may be black (it has been said that his household is multi ethnic) and she thought a black family lived there. Once she found out that the husband was white, she comes unglued about the fact that she moved close to a white person. And a black woman that would stoop low enough to marry a white person.

There are all sorts of possibilities that may be given the information at hand.


48 posted on 01/08/2014 6:34:31 PM PST by Rage cat
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To: nickcarraway

The builder is caught in a very awkward position.


49 posted on 01/08/2014 6:37:16 PM PST by truth_seeker (Nissan)
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To: Rage cat
Nothing I read in the article would allow me to come to any supposition that you write. I am stunned at your and others reaction to this.

And yes...I understand that all of us are tired of hearing 'racist' hurled at whites every ten minutes or for criticizing Obama. That's all BS.

BUT--real racism does still exist, and in some people who just want to cause trouble.

If this woman wanted to live in an black community, she would have moved into one; this was not that way and your remarks are without basis, as far as I can tell.

50 posted on 01/08/2014 6:44:51 PM PST by Pharmboy (Democrats lie because they must.)
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