Are you involved in a real estate litigation battle? One of the largest areas of real estate law is in the settling of legal disputes. The process is normally avoided through arbitration or mediation. However, if the parties are not able to come to agreeable terms, then one or more of the parties will move towards having the matter settled in court.
Are you involved in a legal dispute and need a Real Estate Litigation lawyer to fight for your rights? Contact an aggressive lawyer to handle your real estate litigation issue today.
There are nearly as many types of real estate disputes as there are transactions. Some of the more common battles are between:
- Lenders
- Borrowers
- Real Estate Investment Trusts (R.E.I.T.s)
- Developers
- Landlords
- Tenants
- Mortgage Brokers
- Real Estate Brokers
Most often the disputes are because of a breach of contract, a boundary violation, a leasing dispute, professional miss-conduct, insolvency or a bankruptcy. The actual process will begin with a summons and complaint. The complaint is the first pleading on behalf of the plaintiff. The summons is delivered by a process server either directly or personally to the defendant. The Defendant is then required to give an answer to the court. The answer is typically a denial of responsibility yet may be a partial admission to the allegation and or contain a counterclaim against the plaintiff or a third party. A default judgment is filed if the defendant does not reply to the answer within a prescribed time frame. If this happens, the judgment would then be executed. If answered, the next stage moves toward discovery.
If the matter does not get resolved at this stage, the case will move to a pre-trial conference between the judge and the lawyers before actually going to trial. In reality, conferences are a way to resolve the matter and avoid a trial all together. If the previous methods are unsuccessful then the case will move on to trial in order to be settled.
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Are you involved in a legal dispute and need a Real Estate Litigation lawyer to fight for your rights? Contact an aggressive lawyer to handle your real estate litigation issue today.
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