Dania Beach Real Estate Title Dispute Attorney
The goal in a title fight is simple to state and hard to reach: a court order or a signed agreement that says, in terms a title company and a future buyer will accept, who owns the property and what interests are attached to it. The Andrew M. Schwartz Legal Team handles business and real estate litigation for owners, investors, and families in Broward County and across South Florida, and a Dania Beach real estate title dispute attorney from our firm works toward that kind of clean, enforceable result.
Title disputes in Dania Beach tend to surface at inconvenient moments: a refinance stalls because a lien or competing deed appears in the search, a sale falls through because a co-owner will not sign, or an heir learns that a recorded conveyance cut them out years ago. Unlike a contract dispute, where the remedy is usually money, a title dispute is about the status of the land itself. The relief you need is often a judgment that cancels a cloud on title, declares ownership, or forces a sale.
These disputes are also frequently tangled up with something else: a failed partnership, an inherited home shared by siblings, an unmarried couple who bought together, or a purchase contract that was never closed. Sorting out which of those threads actually controls the outcome is the first piece of real work in any title case.
Quiet Title, Partition, and Contract Claims: Telling Them Apart
People searching for help with a title problem often use “title dispute” to describe three different kinds of cases, and choosing the wrong one wastes time and money. A quiet title action asks the court to decide who holds title when someone else claims an interest or holds a recorded document that clouds yours. Under Florida’s quiet title statute, the suit can seek to cancel a conveyance or other evidence of title held by someone who is not the rightful owner. The plaintiff generally has to trace (“deraign”) title back at least seven years before filing unless the court orders otherwise, which is why a thorough title search is the foundation of the case. A quiet title suit may be filed in any county where some part of the land sits, and a claim built on an allegedly fraudulent conveyance can proceed on the faster summary procedure the statute provides.
A partition action is different. Nobody is disputing that you own the property; the question is what happens when co-owners cannot agree. All partition actions in Florida are heard in equity. The complaint must describe the land, identify each owner and the share each holds, and give the court what it needs to adjudicate everyone’s rights. If the court orders partition, it appoints three commissioners (chosen by agreement of the parties when possible) to evaluate whether the land can be divided fairly. When it cannot be divided without prejudice to the owners, the court can order a sale at public auction and divide the proceeds by ownership share. A sale on credit is possible for good cause, but at least one-third of the price must be paid down unless every party consents otherwise.
The third category is a contract-based claim over who is entitled to the property, such as a purchase and sale agreement the seller refused to honor. There the remedy may be specific performance, which compels the transfer itself. Those claims carry their own deadlines, discussed below, and they can sit alongside a title claim in the same lawsuit.
Why Clients Choose the Andrew M. Schwartz Legal Team for Title and Real Estate Disputes
The Andrew M. Schwartz Legal Team is a business and real estate litigation firm serving Dania Beach, the rest of Broward County, Palm Beach County, and South Florida generally, along with clients from New York, New Jersey, and Connecticut who own property or business interests here. Andrew M. Schwartz, Founder, was admitted to The Florida Bar in 1989 and has spent 37 years in litigation. He earned his undergraduate degree at Emory University in 1986 and his law degree at the University of Miami in 1989. His practice has centered on complex contract disputes, business divorces, and conflicts among partners, LLC members, and shareholders, which matters in title cases because so many of them begin as an ownership fight between people who once trusted each other.
Sundeep Nath, Senior Counsel, is a Northwestern-trained litigator with years of experience in business and real estate cases in state and federal courts. The firm works as a true legal team, so everyone on a matter knows the file, and we keep a strict 24 hour return call policy when we are in court and cannot answer immediately.
On the real estate side, the firm has tried these disputes to judgment. After a five-day bench trial, a Broward County Circuit Court judge issued a 32-page final judgment awarding our client specific performance of a commercial real estate contract. That result reflects the kind of preparation title cases demand: close reading of the instruments, the history of dealings between the parties, and the record that supports each claim.
Many of our clients live out of state, and we handle the local filings and court appearances so they are not traveling for every hearing. A meaningful share of our matters also arrive as referrals from other attorneys, including out of state counsel whose clients own Florida property. Our lawyers are experienced in mediation and arbitration as well as courtroom litigation, and we look for the resolution that fits the client’s goals and budget.
Situations That Lead to Title Disputes
- Competing or Forged Conveyances: A deed recorded without the true owner’s knowledge, or one executed under a forged or improperly obtained signature, creates a cloud that blocks sale and financing. Quiet title relief can cancel the instrument and restore clean record title.
- Co-Owners Who Cannot Agree: Former business partners, siblings, and investors who bought together often reach a point where one wants out and another refuses. Partition, whether by division or by sale, is the court-supervised exit.
- Inherited Property and Heirs Property: When relatives inherit land as tenants in common and there is no binding agreement among them, Florida’s Uniform Partition of Heirs Property Act can apply, which changes how a forced sale is handled and gives family members protections an ordinary partition would not.
- Unmarried Couples and Shared Purchases: Two people on a deed with unequal contributions, or one on the deed and one on the mortgage, frequently end up in a dispute over shares when the relationship ends.
- Business Real Estate Held by a Failing Company: When an LLC or corporation owns the building and the owners are deadlocked or accusing each other of misappropriation, the property becomes the center of a dissolution or fiduciary duty fight.
- Failed Closings and Contract Enforcement: A seller who refuses to convey, or a buyer who walks away, can leave title in limbo. Remedies range from damages to an order compelling the sale.
- Adverse Possession Claims: A neighbor or occupant who has used land for years may assert ownership. The claim has strict statutory elements, including seven years of continuous possession, and requires specific filings with the property appraiser.
- Landlord and Tenant Conflicts Over Possession: When a tenancy ends badly, the question of who is entitled to possession can overlap with ownership claims and requires careful notice practice.
What to Do Once You Discover a Title Problem
Start by getting the paper. Order a current title search or obtain the recorded instruments from the Broward County public records, and collect your own closing documents, deed, title insurance policy if you have one, surveys, mortgage and loan papers, and any correspondence with the other claimant. If a business is involved, gather the operating or shareholder agreement and the company’s financial records. The seven-year deraignment requirement in a quiet title case means the chain of title needs to be reconstructed accurately, and gaps found early are far cheaper to deal with than gaps found after filing.
Pay attention to deadlines, because several different clocks may be running at once. A claim founded on a written instrument generally has a five-year limitations period, while an oral or implied contract claim has four. A suit to rescind a contract has four years, and fraud claims run four years from discovery, subject to a 12-year outer cap. A specific performance action has just one year, which catches people off guard. Separately, Florida bars a suit to recover real property unless the plaintiff or a predecessor was in possession within seven years of filing. Which period governs depends on how the claim is framed, and a lawyer should make that call before the safest theory expires.
Do not sign anything new, record anything, or move out, rent out, or alter the property without advice, because those acts can be used against you on possession and ownership questions. If you suspect funds or assets are being diverted, or that the property may be sold or encumbered while the case is pending, ask early about emergency relief, since courts can enter temporary and permanent injunctions to hold the status quo.
On venue, a title or partition case over Dania Beach property is filed in the Circuit Court of the Seventeenth Judicial Circuit, which sits in and for Broward County. Circuit civil matters are heard at the Central Judicial Complex in Fort Lauderdale, and the circuit also has a complex business division that handles dissolution of certain business entities and large business litigation, which can be relevant when the property is tied to a company dispute. If an owner lives in another state, the case still proceeds in Florida because the land is here, and we manage the appearances for those clients.
When the Property Is Tied to a Business Dispute
Many of the hardest title cases are really business divorces. If co-owners hold a property through an LLC, Florida’s LLC statute lets a member ask a circuit court to dissolve the company on grounds that include deadlock with irreparable injury threatened, misappropriation or waste of assets, or illegal or fraudulent conduct by those in control. The court can appoint a receiver or custodian after a hearing, or order a buyout of the petitioning member. For corporations, the statute allows a shareholder to seek dissolution on similar grounds, and the corporation or other shareholders may elect to buy out the petitioner at fair value. If the parties agree on value and terms within 60 days of the first election, the court enters an order on those terms. An existing deadlock sale provision in your agreement can displace the court process, so reading the governing documents before filing matters.
These choices determine whether the real estate is sold, distributed, or kept, and they are the sort of decision that benefits from a litigator who handles both sides of the problem: the entity fight and the title fight.
Questions About Title Disputes in Dania Beach
What is a title dispute?
It is a disagreement over who legally owns real property or what claims, liens, or interests are attached to it. It may involve competing deeds, forged or defective conveyances, unclear heirship, or co-owners with conflicting positions.
What does a quiet title action accomplish?
It asks the court to determine ownership and enter a judgment that removes competing claims. Where someone who is not the rightful owner holds a recorded document, the court can cancel it and clear the cloud so the property can be sold or financed.
How far back does title have to be traced in a quiet title case?
The plaintiff must generally deraign title for at least seven years before filing, unless the court orders otherwise. That is why a complete title search is usually the first investment in the case.
Where is a Dania Beach title lawsuit filed?
In the Seventeenth Judicial Circuit, which sits in and for Broward County. A quiet title complaint can be filed in any county where part of the land is located.
Can one co-owner force the sale of a jointly owned property?
Yes, through a partition action. If the court finds the property cannot be fairly divided, it can order a sale and divide the proceeds according to each owner’s share. Inherited family property may be governed by the heirs property rules, which add protections before a sale.
Who decides whether property can be divided?
The court appoints three commissioners who evaluate the land and report whether division can be made without prejudice to the owners. The court then decides, with the commissioners’ findings guiding the choice between dividing the property and selling it.
What happens if I inherited a house with relatives and one of them wants to sell?
If the property qualifies as heirs property, Florida’s heirs property statute governs the case unless all cotenants agree otherwise. It generally requires the court to consider factors and find that dividing the land would prejudice the cotenants as a group before ordering a sale, and it gives other cotenants a chance to buy out the seller’s share.
Can someone take my land by living on it for years?
Possibly, but the requirements are demanding. Adverse possession requires continuous possession for seven years under a claim of title, and the claimant must make specific filings, including a legal description of the property for the property appraiser. A recorded instrument is needed for a color of title claim.
How long do I have to sue to enforce a real estate purchase contract?
A contract claim based on a written instrument has five years, but a suit for specific performance has only one year. Because the deadline depends on what remedy you seek, do not assume you have the longer period.
If my business partner is draining the company that owns our property, can I stop a sale or transfer?
Often yes. A court can issue injunctive relief, including early and emergency orders, to protect company assets and real property while the case is pending, and in a dissolution proceeding it can appoint a receiver or custodian after a hearing.
Do I need to be in Florida to handle the case?
No. We regularly represent clients from New York, New Jersey, and Connecticut who own Florida property, handle the court appearances locally, and keep you informed at each stage.
Does every title dispute end in a trial?
No. Many resolve through negotiation, mediation, or arbitration, particularly when co-owners prefer a negotiated buyout or sale over litigated partition. We pursue the route most likely to meet your goals at a reasonable cost.
Serving Title Dispute Clients From Dania Beach Across South Florida
Our work begins with Dania Beach property owners and extends through Broward County, including neighboring Hollywood, Hallandale Beach, Fort Lauderdale, Davie, Pembroke Park, Pembroke Pines, Miramar, Pompano Beach, Deerfield Beach, Plantation, Sunrise, Coral Springs, Oakland Park, Lauderhill, and Wilton Manors. We also represent clients across Palm Beach County, including Boca Raton, Delray Beach, Boynton Beach, and West Palm Beach, as well as investors and heirs from New York, New Jersey, and Connecticut who hold interests in South Florida real estate. Whether the property is a waterfront home, a commercial building, or a parcel held through a company, we handle the title, partition, and related litigation in the courts that have jurisdiction.
Speak With a Dania Beach Title Dispute Lawyer
If a competing deed, a co-owner who will not cooperate, or a failed closing has put your property in question, speak with a Dania Beach title dispute lawyer at the Andrew M. Schwartz Legal Team about what claims you have and how fast they need to move. Call us to schedule a consultation, and we will review the documents, identify the right cause of action, and lay out a path that fits your goals and budget.