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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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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 bubbacluck (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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