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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: 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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Comment #51 Removed by Moderator

To: tomkat

not to mention the ‘reporter’ being a hyphen


A ‘hyphen’. That’s a good one.


52 posted on 01/08/2014 6:51:47 PM PST by bramps (Mark Levin: Would Christie, McConnell, and Boehner repeal obamacare? Not a chance!)
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To: Tired of Taxes

You are right-there is probably some truth to both sides of the story. It’s harder to give some people/groups the benefit of the doubt anymore, though.


53 posted on 01/08/2014 6:52:16 PM PST by laplata (Liberals don't get it .... their minds are diseased.)
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To: Blood of Tyrants

it’s not about racial makeup. it’s about a dangerous nutjob in the neighborhood.


54 posted on 01/08/2014 6:55:38 PM PST by Secret Agent Man (Gone Galt; Not averse to Going Bronson.)
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To: Pharmboy

“your remarks are without basis, as far as I can tell.”

And her remarks may also be totally without basses as far as we know. That is the entire point. We don’t know enough to be pointing blame at him, or her.

Drawing conclusions about his character based on what she said is totally unacceptable at this point. Even taking her allegations with anything more than a grain of salt is also unacceptable at this point.

What I am seeing on that site is way beyond unacceptable.


55 posted on 01/08/2014 6:59:17 PM PST by Rage cat
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To: bramps
stereotypes are more often effect than cause
56 posted on 01/08/2014 7:00:49 PM PST by tomkat (you'll know when it's time)
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To: Rage cat
She filed legal papers. If her accusations are without merit, she can, in turn, be sued for harassment.

You, however, have no downside to your ruminations. The issues in her suit are quite specific, and have corroboration from others, including the builder and the subcontractor that now refuses to do this guy's landscaping.

57 posted on 01/08/2014 7:12:01 PM PST by Pharmboy (Democrats lie because they must.)
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To: All

funny story.. We found a new house in a new area that we wanted to see that was a few hundred miles away (transfer for work). It was one of seven homes we wanted to walk through and it ended up being the one we purchased. We spent about three days in that area, no car and really only saw the house three times, each time the realtor drove us. Curiously it seems she chose a path that avoided the public housing complex three blocks away. We never knew it was there until I went back for the pre-drywall inspection and drove myself and the GPS directed me there past all the questionable stuff. We were able to sell when we transferred again but it was not easy.
The lesson learned is not to trust anyone, triple check everything and be a PITA to the realtors and stop by the local police station and check out the development plans at the equivalent of city hall. Any of these would have kept us from making the mistake.


58 posted on 01/08/2014 7:23:26 PM PST by newnhdad (Our new motto: USA, it was fun while it lasted.)
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To: Pharmboy

“The issues in her suit are quite specific, and have corroboration from others, including the builder and the subcontractor that now refuses to do this guy’s landscaping.”

As you should well know that there has been statements that a landscaping company employ had admitted to harassing him.

That would imply that they was refusing to do his landscaping out of spite for the charges against one of their employees. That would indicate that the landscaping company and developer were in breach of contract. If it was me, you can dang well bet I would be in that office raising hell about it. But when the friend/family of the law structure in the town are against you, you won’t even get off of square one when taking legal action against them. And it has been indicated that she is relation to people in the legal system in that area.

I have seen what people in that situation have gone through. It’s a no win situation. Any complaints the person has, will go nowhere. The court system won’t even accept the cases, while the people connected with the legal system can slander as much as they want, and file as many baseless cases as they want with no fear of reprisal.

At this point, nothing I have seen has indicated to me that anything either side has said is anything more than rantings of delusional lunatics.


59 posted on 01/08/2014 7:40:43 PM PST by Rage cat
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To: Rage cat

Well, perhaps you are right; but some of the specifics impress me. Perhaps we’ll get a follow up. My daughter is a reporter in Philly: I will ask her to nose around a bit.


60 posted on 01/08/2014 7:50:39 PM PST by Pharmboy (Democrats lie because they must.)
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