Do you have a real estate litigation matter? A large area of real estate law has to do with settling real estate disputes. The real estate litigation process is typically avoided through mediation and or arbitration. However, in the event the separate entities do not come to amicable terms, then the matter will have to move ahead to be settled in court.
Do you have a real estate dispute and require an experienced real litigation lawyer? Contact an experienced, aggressive real estate litigation lawyer at the law firm of Mittelberg and Nicosia today.
Some of the various types of disputes that develop as a result of real estate transactions are between:
- Lenders, Borrowers
- Real Estate Investment Trusts (R.E.I.Ts)
- Developers
- Landlords
- Tenants
- Mortgage Brokers
- Real Estate Brokers
Usually, the major disputes are due to breach of contract, a violation of boundaries, disputes over leasing, misconduct, an insolvency or bankruptcy.
The litigation process begins by a summons and then complaint. The first pleading provided by the behalf of the plaintiff od the complaint. Following that, is the summons, which is given to the defendant by a process server directly or personally.
The next step is for the Defendant to provide an answer over to the court. Under normal situations, an answer is basically in the form of a denial for the responsibility. However, there may provide a admission on part of the allegations and or a counterclaim to a third party or the plaintiff. If the defendant does not reply to the answer with in the prescribed requirements, then a default judgment will be filed. In this case, the matter would proceed and the court would execute the judgment. If the defendant answered the court,then the case would again move forward toward the process of discovery.
By this point, the matter can usually be resolved in a pre-trial conference between the lawyers and the judge prior to going to trial. Usually a conference is a measure to quell the problem to avoid going onward to trial at all. If all in unsuccessful at this juncture, the matter will be scheduled to be handled at trial.
Do you have a real estate dispute and require an experienced real litigation lawyer? Contact an experienced, aggressive real estate litigation lawyer at the law firm of Mittelberg and Nicosia today.
