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 developers 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 homes 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 plaintiffs sister, spit in the direction of Phoenixs family members, made snide and racist comments about plaintiff, has taken pictures of plaintiffs guests and stared them down in attempts to intimidate them and continued blocking plaintiffs 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 Jerseys Planned Real Estate Development Full Disclosure Act.
How special. A website for “black America.” One could guess the comments on the story are hilarious, and filled with love.
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.
She’s an attractive woman.
See post #17 of 23.
This thread is useless without pictures.
That’s a possibility. Valid point.
Can we get this guy to stand on the Capitol steps and chase away Congress?
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.
Is there an HOA involved in this?
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.
Call it a hunch.
not to mention the 'reporter' being a hyphen
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.
Only seeing 1 side of the story. Under the theory that people who scream racism are usually projecting, suspect there is another side.
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?
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.
“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?”
A lot of those comments were disturbing.
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.
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