Avoiding Extended Litigation for Real Estate Disputes

by Kristen White Blogger

Legal disputes regarding residential or commercial real estate are often extremely complicated and take a long time to resolve. However, by using a special masters’ services or court receiver in Arizona, a lot of risks are mitigated, and a timely resolution is assured.

Whenever there is a legal dispute involving the ownership, operation, management, or sale of a property, a lot is always at stake. No party ever wants to settle for less, and there are often too many complications for it to be quickly resolved. Because the court is compelled to take a neutral stand and ensure no one has control of the property, it leaves all parties at the risk of incurring huge losses as the property becomes abandoned. That doesn’t mean the property is gone for good; it just needs overseeing until a final judgment is rendered.

Regardless of the reasons why there is a real estate dispute, the risks that come with neglecting or abandoning a property are never what any party ever desires. Whether it arises from a loan in default, bankruptcy, probate dispute, or family divorce, the bottom-line is everyone appreciates a less-contentious resolution process. Fortunately, the law takes this into account and offers the opportunity for using seasoned professionals to make dispute resolution less hectic. Primarily, this involves;

1. Embracing receivership. The receivership process provides neutral and professional third party control of the disputed property under the direction of a court. The use of a court receiver in Arizona has become popular as it levels the field for the parties in dispute. This is because the real estate professionals who take possession of the property have a mandate to protect and preserve its worth. As such, the financial contention or emotional attachment to the property is relieved, providing a solid ground for resolution.

A court-appointed receiver is primarily selected based on their understanding of the legal process and capability to ensure a property operates as usual. As a neutral third-party, the receiver does not act in the interest of a single party. A receiver will, therefore, manage real estate leases, establish itself as property management, maintain & market the property, negotiate with contractors, and even sell the property.

2. Opting for special master services. For a co-owned residential and commercial property where there is a dispute involving a sale, the services of special commissioners in Arizona are useful. These professionals will step in to secure, manage, and rehabilitate the property to attain the highest market value. After completion of these critical processes, the property can then be sold at the best value, or an alternative settlement can be found. A special master saves the parties involved from extended litigation as they provide a neutral and professional evaluation of all aspects of the property.

Summary-

Property disputes no longer have to be subject to costly, complicated, and time-consuming litigation processes. The use of special master services or a court receiver in Arizona offers a channel for equitable dispute resolution.