The failure of the referees, or either of them, to act or to appoint an umpire shall not operate to impair or to forfeit the right of either the proposed redemptioner or of the then holder of the legal title in the premises; and, in the event of failure without fault of the parties to effect an award, the appropriate court shall proceed to ascertain the true value of such permanent improvements and enforce the redemption accordingly.

CFDs where I am aren't foreclose-able unless you were to turn the failure to perform on the agreement into a judgment.

There can be many reasons for failure, and there can be many situations where investors perceive that a failure has occurred when there has not been a failure.I wrote an article for the BiggerPockets blog last week that talked about failures in the context of syndication sponsors that have turned non-responsive...perhaps that's a help. 

But small failures.. 

This is a company that will perform scheduled inspections of your rental property to identify deferred maintenance needs, dubious tenant activities (say, illegal pets, bad housekeeping, failure to change HVAC filters etc). 

He thinks about it day and night but dares not to actually take off knowing that the universe of things he does not know is vast and his failure while not certain is at least probable.The other castaway finds something that his counterpart didn't.

Banks and institutional servicers are not usually willing to get involved and assist customers and stick to the servicing agreement to the letter to avoid liabilities, and that makes good business sence, but we adminstered deals that were underwritten and failure was not an option!

Another good question is if the syndication failure rate will be lower or higher than during the Great Recession of 2008-2010.

It means mass failures of regional banking because that's who holds majority of this commercial financing and what are they going to do with a property nobody will buy, or due to such change of numbers can only offer 30 cents on the dollar, where does the other 70 cents come from?

Every lender on BiggerPockets has probably disputed hundreds of appraisals, I know we have and usually with great success, assuming there was an error or a failure to use clear, similarly spec'd comps.