Hollywood Real Estate Title Dispute Attorney

The Andrew M. Schwartz Legal Team represents property owners, investors, heirs, and former business partners in Hollywood and across Broward County whose ownership of real estate has been challenged, clouded, or tangled up with someone else’s claim. Our firm handles quiet title actions, partition cases, and title disputes between co-owners, and serves clients throughout South Florida.

A Hollywood real estate title dispute attorney is usually called in when something has gone wrong with the paper trail: a deed that was never recorded properly, a conveyance someone says was fraudulent, a sibling who inherited half a house and wants it sold, or a former partner whose name is still on a property you consider yours. These are not abstract problems. They block sales, freeze refinancing, and leave owners unable to say with confidence that the property is theirs.

Florida gives owners real tools to fix this, but each one has its own procedure, its own deadlines, and its own traps. Which tool fits depends on who is claiming what, and how the dispute began.

How Title Disputes Typically Unfold in Broward County

Most title fights start quietly. A buyer’s title search turns up a competing claim. A lender refuses to close. A co-owner stops answering calls. By the time an owner contacts a lawyer, the property is often already stuck.

The first phase is investigation. We trace the chain of title backward, looking at recorded deeds, mortgages, liens, probate filings, and any agreements between the parties that never made it into the public record. Florida’s quiet title statute requires a plaintiff to trace title back at least seven years before filing, unless the court orders otherwise, so this groundwork is not optional.

The second phase is choosing the vehicle. A cloud on title usually calls for a quiet title complaint. A fight between co-owners over what to do with a shared property usually calls for partition. A dispute rooted in a broken deal may involve contract claims layered on top.

The third phase is filing and service. Quiet title and partition cases are heard in the circuit court, and a quiet title complaint may be filed in any county where part of the land sits. For Hollywood property, that means the Circuit Court of the Seventeenth Judicial Circuit in and for Broward County.

The fourth phase is resolution. Many cases settle after the pleadings expose how thin one side’s claim really is. Others need a hearing or trial. Where the claim rests on a fraudulent attempted conveyance, Florida law allows summary procedure and directs the court to advance the case on its calendar, which can shorten the timeline considerably.

Why Choose the Andrew M. Schwartz Legal Team for Title and Co-Ownership Disputes

The Andrew M. Schwartz Legal Team is a business and real estate litigation firm serving Broward County, Palm Beach County, and South Florida. Founder Andrew M. Schwartz has spent 37 years in litigation and has practiced in Florida since being admitted to The Florida Bar in 1989. He earned his undergraduate degree at Emory University in 1986 and his law degree at the University of Miami in 1989. His career has centered on complex contract disputes, business divorces, and conflicts between co-owners.

Senior Counsel Sundeep Nath, a Northwestern-trained litigator, brings years of experience in business and real estate cases in both state and federal courts. The firm practices as a true legal team, meaning everyone working on your matter knows the file. We keep a strict 24 hour return call policy when we are in court or otherwise unavailable.

That depth matters in title work because these cases tend to turn on the precise wording of documents and the history between the parties. After a 5-day bench trial, a Broward County Circuit Court issued a 32-page final judgment awarding our client specific performance of a commercial real estate contract. That is the kind of document-driven, trial-ready real estate litigation we bring to title disputes as well.

We also understand that clients want a result that makes financial sense. Our attorneys are experienced in mediation and arbitration as well as courtroom litigation, and we look for the resolution that serves your goals and budget rather than prolonging a case for its own sake. Many of our clients live outside Florida, including in New York, New Jersey, and Connecticut. We handle the local court appearances so you do not have to travel for every hearing, and we regularly work with referring attorneys who need Florida counsel.

Common Types of Real Estate Title Disputes We Handle

• Quiet Title Actions: Florida courts may hear actions by anyone claiming legal or equitable title to land, including cases where two or more people claim the same property under a common source. A quiet title judgment can cancel a conveyance or other record that clouds your ownership and remove the cloud.
• Partition Between Co-Owners: When owners cannot agree on use or sale, one may ask the court to divide the property or order it sold. The court appoints three commissioners to evaluate whether a fair division is possible, and if not, the property can be sold at public auction with the proceeds split by ownership share.
• Heirs Property: Siblings or relatives who inherit real estate as tenants in common are often covered by Florida’s Uniform Partition of Heirs Property Act, which adds protections such as requiring the court to weigh specific factors before ordering a division in kind, and favors keeping family property in the family where possible.
• Fraudulent or Defective Conveyances: A forged deed, a transfer made without authority, or a conveyance signed under pressure can leave a cloud on title that only a court can remove. Florida law provides a faster summary procedure for quiet title claims based on a fraudulent attempted conveyance.
• Former Business Partners on Title: When a company is dissolved or partners split, real estate held jointly or in the name of one partner often becomes the central point of conflict. We handle both the ownership question and the underlying partnership dispute.
• Adverse Possession Claims: Someone who has occupied property for seven years may assert ownership, with different requirements depending on whether they hold color of title. We represent owners defending against these claims and claimants who have met the statutory requirements.
• Unmarried Co-Owners: Couples who bought together and separated often face a partition action as the only way to exit a shared property.
• Failed Closings and Contract-Based Title Fights: When a purchase contract collapses, disputes over who is entitled to the property can overlap with title questions.

What to Do If Your Ownership Is Challenged

Start by gathering every document you have. That means the deed, closing statement, title insurance policy, mortgage papers, surveys, any agreement with a co-owner, and correspondence about the property. If someone else’s claim surfaced through a title search or a lender, get a copy of whatever was found.

Do not sign anything the other side sends you without review. Quitclaim deeds, “clarifying” agreements, and releases can give away rights you did not realize you held. Likewise, do not record anything yourself unless a lawyer has checked it. A badly drafted instrument can make a cloud on title worse.

Watch your deadlines. Florida bars a suit to recover real property unless the plaintiff or a predecessor was in possession within seven years before filing. Specific performance actions carry a one-year limit. Claims founded on a written instrument generally have five years, while oral or implied contract claims have four. Fraud claims run four years from discovery, subject to a 12-year outer limit. Which clock applies depends on how your claim is framed, so do not assume you have time.

Know where your case will be heard. Real estate title cases involving Hollywood property belong in Broward County Circuit Court, and the South Regional Courthouse in Hollywood handles some county civil matters. Larger business-related disputes involving property may be eligible for the Seventeenth Circuit’s complex business court, which handles matters such as the dissolution of certain business entities and large business and construction litigation. Federal court in Fort Lauderdale is an option only when federal jurisdiction exists.

If you believe assets or property are about to be transferred, sold, or encumbered, say so early. Courts can issue temporary injunctions to freeze a property while title is sorted out, and our firm handles emergency injunctive relief regularly.

Partition in Practice: Division, Sale, and What Co-Owners Get

A partition complaint must describe the land, name the owners and where they live, and state each owner’s share. Florida courts then enter a judgment of partition and appoint commissioners to evaluate the property.

Where a physical division is possible, the court divides it. For a single condominium or a house on one lot, it rarely is. In those cases the commissioners report that division would prejudice the owners, and the court may order a public sale to the highest bidder. The court can allow reasonable credit terms for good cause, but at least one-third of the purchase price must be paid down unless everyone consents otherwise.

Heirs property cases follow a different path. If the property qualifies, the court must apply the Uniform Partition of Heirs Property Act unless all cotenants agree in writing to something else. A property may qualify when there is no binding agreement among co-owners on partition, at least one cotenant acquired title from a relative, and further conditions are met, such as twenty percent or more of the interests being held by relatives. In these cases, a partition in kind will not be entered unless the court is satisfied that the commissioners considered the statutory factors and found that dividing the land would prejudice the cotenants as a group.

Because partition is a litigation tool and not just a sale, outcomes depend heavily on how the case is framed. Contributions to mortgage, taxes, and repairs, and any agreements between the co-owners, can reshape the final accounting.

Frequently Asked Questions About Hollywood Title Disputes

What is a quiet title action?

It is a lawsuit asking the court to declare who owns a piece of land and to cancel any conveyance or record that casts doubt on that ownership. A successful judgment clears the cloud so you can sell, refinance, or transfer the property with confidence.

Where do I file a quiet title case for Hollywood property?

A quiet title complaint may be filed in any county where any part of the land sits. For Hollywood property, that is Broward County, in the circuit court of the Seventeenth Judicial Circuit.

How far back does the title have to be traced?

Florida requires the plaintiff to trace title for at least seven years before filing, unless the court orders otherwise. In practice we often look further back to catch problems earlier in the chain.

Can one co-owner force a sale of a shared property?

Yes, through a partition action. If the property cannot reasonably be divided, the court can order it sold at public auction and divide the proceeds according to each owner’s share. Heirs property has extra protections that can change the outcome.

What is heirs property?

It is real estate held as tenants in common where there is no binding agreement among all owners governing partition, at least one owner acquired title from a relative, and further statutory conditions are met, such as relatives holding twenty percent or more of the interests. Different partition rules apply.

How long do I have to file a claim over a disputed property?

It depends on the claim. Florida bars a suit to recover real property unless the plaintiff or a predecessor held possession within seven years before filing. Written-contract claims have five years, oral contract and rescission claims four, fraud four years from discovery with a 12-year cap, and specific performance one year.

Can someone take my property by living on it?

Adverse possession exists in Florida, but the requirements are strict. Without color of title, the claimant needs seven years of continuous possession under a claim of title exclusive of others, and must file a return with the property appraiser that includes a full legal description. With color of title, the instrument must also have been recorded in the county.

What if a former business partner is still on the deed?

That is common after a business split. Depending on the facts, we may pursue a quiet title or partition claim, a buyout, or a claim for an accounting. Ownership of the property is often inseparable from how the company is wound down.

Can a court stop someone from selling or mortgaging the property during the case?

Yes. Courts can enter temporary injunctions to preserve the status quo while ownership is litigated. If you have reason to think assets are about to be moved, raise it with counsel right away.

I live out of state. Do I need to come to Florida for hearings?

Generally not. We regularly represent clients from New York, New Jersey, and Connecticut, handle the local appearances, and keep you updated at each stage.

Is it worth hiring a lawyer for a small property dispute?

Even a modest property can carry a large cost if title stays clouded. An attorney can often resolve things through negotiation or mediation before a full lawsuit is needed, and can tell you early whether the dispute is worth litigating.

Will my case have to go to trial?

Not necessarily. Many title and co-ownership disputes settle after the key documents are exchanged or through mediation. We prepare every case as if it may be tried, which tends to improve settlement leverage.

Serving Hollywood Title Dispute Clients Across Broward and Palm Beach Counties

We represent property owners in Hollywood and throughout Broward County, including Hallandale Beach, Dania Beach, Pembroke Pines, Miramar, Davie, Fort Lauderdale, Plantation, Sunrise, Weston, Coral Springs, Pompano Beach, Deerfield Beach, Lauderhill, and Margate. We also serve clients in Boca Raton, Delray Beach, Boynton Beach, and West Palm Beach in Palm Beach County, and throughout South Florida.

Many of our clients are investors, heirs, or former business partners who hold property in the area but live elsewhere, including in New York, New Jersey, and Connecticut. Whether the property is a single-family home, a condominium, a commercial building, or an investment parcel, we handle title disputes, partition actions, and related business and real estate litigation.

Talk With a Hollywood Real Estate Title Dispute Lawyer

If someone is challenging your ownership, a co-owner wants out, or a cloud on your title is stopping a sale, the Andrew M. Schwartz Legal Team can review your documents and tell you which path fits. As a Hollywood real estate title dispute lawyer serving Broward County and the surrounding area, we will give you a straight read on your options and costs. Call our team to schedule a consultation.