Phyllis Fitzgerald RE/MAX Advantage Realtors REALTOR, PHYLLIS FITZGERALD, LIED IN COURT REGARDING MINERALS-MUST HAVE GOT BIG PAYOFF! Searcy Arkansas
ANYONE thinking about using this realtor, Phyllis Fitzagerald, please READ this first. BIG LIAR & WILL RIP YOU OFF! I can't wait for GOD to chastise you or when you go to meet the creator and face him. He knows you LIED! Maybe that's why he caused you to get into an accident and get hurt...he tried to reprimand you before and you just didn't get it. You're nothing but a LIAR and a CON ARTIST that accepts bribes. The seller's attorney rehearsed you well and we could tell you were coached, of course, you had 5 years to learn it and memorize it. BEWARE will tell you anything to SELL a home, that's why you're a top $$$ seller...you don't care who you screw over. Why did you leave EXIT realty..did they threaten to fire you, because when we went and asked for the original paperwork the gentleman there said he had all of them from 2006 on, but ours was the only one that was MISSING! Did you destroy it that's why, Right?Came to look at a home that I found on the Internet. Our real estate agent we were working with didin't come this far, so she called the realtor that was handling the home, which was, Phyllis Fitzgerald (whom was working for Exit Realty at the time). Our realtor told us that Phyllis Fitzgerald would meet us at the home that we wanted to look at, since I had printed the ad from the Internet, we took the ad with us. We were with my son and his friend was driving as we did not know our way around since we just moved from out of state a few months prior. My son's friend (who was born and raised in the state we bought our home in) did not know where the home was, so he had to call Phyllis and we met her at a gas station and followed her to the home.When we arrived (there were 4 of us-My hubby, me, my son and his friend that was driving). Upon entering the home, we did a quick look around and Phyllis Fitzgerald told us that the MINERALS CONVEYED with the home. She had me come over to the slider in the living room and said, Look out there and everything you see including above ground and below ground and the minerals convey. Everything the seller's own conveys with the property. My son's friend was checking the plumbing and outlets in the home and other things that people forget to check, including the outside wiring and plumbing. My son and I returned to the kitchen and my son asked Phyllis, So, the MINERALS come with the home? Phyllis responded, Yes, everything the seller's own CONVEYS with the home including the MINERALS. My huibby and I talked with my son and his friend and we decided to offer full asking price of $70,000 since the MINERALS came with the home. The home was a 3 bedrm/2bath manufactured home on 5 acres in the rural part of the city. Phyllis said, I told the seller's they could ask $90,000 and get it because of the MINERALS coming with the home. Anyways, we signed a 4 page agreement on that day. The paperwork mentioned nothing about the minerals and neither did the ad which I had in my hand, so we were very happy to find this out and my son's friend who was born and raised here said, You want to buy a home that has the MINERALS come with it, so I'd go ahead and pay full price. I informed him that we did and it was the deciding factor as to offering full price. Later a rumor went around that the seller bragged, I got top dollar for my home and got to keep the minerals! (nice guy, right?)Phyllis was supposed to fax us a copy of the signed agreement that night after she had met with the seller's. We never got the signed agreement. Instead, eight (8) days later, she called and said she was faxing over the contract, but it had to be changed due to the lender changing the interest rate and the amount changed to almost $75,000 because the lender suggested buyer assist. When the fax came through she indicated which pages to sign and fax back to her, so I pulled out the pages and we signed them and faxed them back to her. We went to the closing and Phyllis was there instead of the seller's, she didn't say anything the whole time we were at the closing. The closing representative told us what pages to sign and when she told us to SKIP a page and sign the next one because that page didn't apply to us. I never looked at the contract thoroughly so when we got home from the closing we decided to look it over and see what didn;t pertain to us. We went through the documents page by page and UNDER FIXTURES we saw Minerals do not convey and figured that's what the rep meant when we were told to skip a page. Needless to say we called Phyllis Fitzgerald and inquired as to why that was on there and her response was, That's because the seller's don't own them, the railroad bought them up years back. We were DUPED and paid too much for the home as it had a lot of work needinjg done, such as; new carpeting, roof leaked, and drafty windows. The home was very cold during the winter months and the roof leaked every time it rained. We had the roof patched and it's fine now. There were other things that we had to take care of, like a tree that was ready to fall into the house. It got removed professionally.We closed on the home in Dec. 2007 and six weeks later we decided to do a refinance because the interest rates had dropped (this was February 2008) and it would lower our mortgage a few hundred dollars.When we gave all of our paperwork to the lender that was doing our refinance, she called us and said that the deed was all messed up and it said that we got only half the land and half the minerals. We told her we got all 5 acres and all the minerals. She stated that she would straighten it all out for us so that everything was correct. We said Great! We had to go to the title company and sign the papers for the minerals, that paperwork DID straighten out the minerals and the land, so we now owned all 5 acres as well as all of the minerals. A few weeks later, we got a paper in the mail stating that there was a Scrivener's error on the deed and requested that we sign the paper which would give the mineral's back to the seller's. We never signed the paper and a few weeks later a female came knocking on the door. My hubby answered the door and she told him to sign the paper...my hubby told her he wasn't signing any paper and that the MINERALS came with the home when we bought it. She left and approximately 2-3 weeks later she came back with a male and I answered the door and explained to the male (the female was sitting in the truck they came in) that the MINERALS conveyed with the home when we bought it and he said he would go back and tell the title company what I told him and hopefully they would not have to bother us any more.The seller's decided to take us to court and this just happened recently in 2015 as it was pending for 5-6 years. The Judge that was hearing the case recommended a Mediation in which they did not let our witnesses back to the room for discussion...they were put in another room and the door shut on them. Prior to mediation, we offered the seller's half of the current minerals plus half of the future minerals on the wells (we did this because people do crazy things over money), but they refused! When we told the Mediator that our son and his friend was with us when we looked at the home and they were our witnesses...he said, 'OH, sorry I didn't know they were your witnesses. The Mediator then proceeded to another room where the seller's, the title company owner's were at and I heard them telephone Phyllis and ask her if we had anyone with us and she LIED when she replied that we came to the home alone. Now, this home sits off a road that's wooded and has few homes on it and then you have to turn off another wooded road and turn again and come to the end of the road before you can get to the home we bought, so it's not easy to find...we still have people that get lost trying to find it.In court, under OATH, Phyllis Fitzgerald swore before our LORD that we were alone and had small dogs with us when we came to look at the home. Who in their right mind drives 3-1/2 to 4 hrs. to look at homes and brings dogs? What?, So we can keep stopping to let dogs out and then let them crap on someones lawn? We live in the country and we still put our dogs on a leash to go outside. She also LIED saying, They got my number off a sign they seen? What?, and that we got the number to our realtor, who shows homes further North of the home we did buy, off a sign also. What? Does that make any sense? We only had one dog when we bought the home and she barks and will nip at people...we couldn't take her anywhere...afraid she'd bite someone.Phyllis also LIED and said, She told us that the minerals don't convey.....Phyllis you know that's not true, in fact you told us the opposite...THEY DO CONVEY...You LIED before GOD and swore to tell the truth and you didn't. How can you be such a HYPOCRIT???? You drive around with that bible in your car and you're the biggest LIAR & HYPOCRIT we know.How many people move to a state and in two months know their way around the whole state? They did not have GPS systems at the time either that we know of and we DID NOT have one. How many realtors go to every closing as you claim you do? What about if you have two or three closings in one day? Do you go to them all? Furthermore, you know you never seen our dogs or the dogs we acquired in 2010 because you never came to the home after we bought it! You know the people from the title company that came to the home told you we had small dogs, that's how you found out about our dogs! Or, possibly the realtor Lena may have told you since we tried to sell the home in 2008 and she knew we had two small dogs and you work at the same company. We had to take them for a ride while she showed the home. The male died near the end of 2008.Phyllis you also LIED and made up a whole conversation that I never had with you and you know it! If you were Pinoccio your nose would've ran from the testimonial chair out the front door and into the street..that's how bad you lied. Did you get a BIG PAYOFF from the seller's? Or maybe you will get a big payoff now that the Judge granted them the minerals due to your LIES!