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 Deerfield News Connection

February XX, 2024

Fact-Checking Facebook: Dispelling Myths and Rumors – Part 5

A review of Facebook posts indicates that there may be some misunderstandings related to the Deerfield Resort HOA lawsuit. Below, are questions or statements made on Facebook, with clarifications. There are two Facebook page accounts from which the questions or statements were pulled, Deerfield HOA Collaborative (formerly Team Deerfield HOA Collaborative) and Deerfield Resort on Norris Lake Homeowner Group. The time period examined runs from June 9, 2023 through January 17, 2024. 

  • Some Facebook comments suggested reaching out to the receiver, encouraging residents to contact both the receiver and the judge, “I have emailed Scott Reams with specific election questions and asked for updates, but he did not respond to me. Hoping others will keep on him and copy [the] Judge{‘s} … assistant.”  The email addresses of both the receiver and the judge were shared with this post. 

If either party involved in a lawsuit where a receiver has been appointed attempts to interfere the receivers's authority, they could face sanctions or penalties from the court.

Under Tennessee law, plaintiffs and defendants generally cannot interfere with a court-appointed receiver. A receiver is an independent third party appointed by the court to take over the management and control of property that is subject to ongoing litigation – in this case, the corporation of the Deerfield Resort Homeowners Association. The receiver has a legal duty to act in the best interests of all parties and preserve the value of the disputed property until the lawsuit is resolved. If a plaintiff or defendant attempts to obstruct or undermine the receiver's authority, they could face sanctions or penalties from the court. The parties in a lawsuit must allow the receiver to carry out their court-ordered duties without interference so that the receiver can properly manage the property in a neutral manner during legal proceedings. 

 

There are guidelines in Tennessee law regarding how a court-appointed receiver can contact plaintiffs and defendants. Receivers are expected to communicate with the parties in a fair, impartial, and transparent manner. Receivers may need to request information or documentation from plaintiffs and defendants, so they are usually permitted to contact the parties via phone, email or mail. Receivers are also expected to keep the court informed of any significant communications with the parties and to share correspondence with all involved parties, not just select individuals. The goal is for receivers to properly manage the disputed property while maintaining appropriate conduct and preserving the integrity of the legal process.

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