Deerfield Beach Real Estate Title Dispute Attorney

A title dispute is rarely about the deed alone. It is usually about a relationship that came apart first: a business partner who put the property in his own name, a sibling who stayed in the family house after a parent died, a seller who changed his mind after signing. The Andrew M. Schwartz Legal Team handles Deerfield Beach real estate title dispute attorney matters for owners, investors, and families in Deerfield Beach, elsewhere in Broward County, and across Palm Beach County and South Florida.

The paperwork matters, but so does what happened between the people holding the paper. A recorded deed can be challenged on the basis of fraud, a forged signature, or a transfer made to dodge a co-owner. A claim of ownership can rest on years of possession rather than any deed at all. Competing claims can come from heirs, former spouses, lenders, or partners who each believe the property is theirs. Untangling those facts, and choosing the right court action to resolve them, is the heart of this work.

Because many of these disputes start inside a business or family, the property question is often only one piece of a larger fight. We look at the whole picture, since a title ruling that wins the deed but ignores the money, the partnership agreement, or the family dynamics can leave a client with a victory that does not solve anything.

Why Choose the Andrew M. Schwartz Legal Team for a Title Dispute

The Andrew M. Schwartz Legal Team represents business owners, investors, and families in some of South Florida’s most contested business and real estate disputes. Andrew M. Schwartz, the firm’s founder, has spent 37 years in litigation and has practiced in Florida courts since his admission 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 practice has centered on complex contract disputes, business divorces, and conflicts among partners, LLC members, and shareholders, which is exactly where many title fights begin.

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 works as a true legal team, so everyone on a file knows it, and clients are not left waiting on one lawyer’s calendar. We keep a strict 24 hour return call policy when we are in court, and we schedule conference calls at times that work for everyone involved.

On the results side, in a recent Broward County matter a circuit court issued a 32-page final judgment following a five-day bench trial, awarding our client specific performance of a commercial real estate contract. That kind of outcome reflects the preparation that title and contract disputes demand, where the case often turns on the exact wording of an instrument and the history of how the parties dealt with each other.

We also represent many clients who live in New York, New Jersey, and Connecticut but own property or business interests in South Florida. We handle the local court appearances so they do not have to travel for every hearing, and we accept referrals from other attorneys whose clients have Florida disputes. Our attorneys 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.

Common Title and Ownership Disputes We Handle

• Quiet Title Actions: A suit under Chapter 65 asks the court to declare who owns the land and to cancel deeds or other instruments that cloud the record. The plaintiff generally has to trace the chain of title back at least seven years unless the court orders otherwise.
• Fraudulent or Forged Conveyances: When a deed was signed by someone without authority, forged, or recorded to strip a co-owner or creditor of an interest, Florida law allows a quiet title action based on the attempted conveyance, with a summary procedure and priority on the court’s calendar.
• Partition Actions: Co-owners who cannot agree on what to do with shared property can ask the court to divide it or sell it. These cases arise among former business partners, siblings who inherited together, unmarried couples, and investors who want out.
• Heirs Property Disputes: When family members hold property as tenants in common after a relative’s death, Florida’s Uniform Partition of Heirs Property Act can change how a partition case proceeds, including a preference against forced sale.
• Adverse Possession Claims: Someone who has occupied land openly for seven years under a claim of title may assert ownership, and the rules differ depending on whether the claim rests on a recorded instrument. We defend owners against these claims and pursue them for clients with a legitimate basis.
• Competing Ownership Between Business Partners: Property bought with company money but titled to one owner, or held by an LLC whose members are now fighting, often requires a title claim alongside claims for an accounting or breach of fiduciary duty.
• Failed Closings and Contract Disputes: When a purchase and sale contract falls apart, the buyer may seek specific performance, which compels the sale, but Florida gives only one year to bring that action.
• Emergency Relief: When a property is about to be sold, encumbered, or transferred while the case is pending, we seek temporary or emergency injunctions to hold the status quo.

What to Do When Ownership of a Property Is Contested

Start by getting the record in front of you. Pull the deeds, mortgages, and any recorded documents affecting the property, along with the contract or agreement that led to the transfer. Anything you signed, anything you were sent, and any texts or emails about who was supposed to own what can matter later. Do not wait to see how the other side behaves; a quiet recording of a deed or a sudden listing for sale is often what turns a disagreement into an emergency.

Pay attention to the clock, because Florida limitations periods differ by the type of claim. A claim founded on a written instrument has five years, while a contract claim not founded on a writing has four. An action to rescind a contract has four, and fraud has four years from discovery, subject to an outer limit of 12 years. A specific performance action has just one year. Recovering real property also requires showing possession within seven years before filing. Which of these applies depends on how your claim is framed, which is one reason to have the facts reviewed early rather than after months of arguing informally.

If the property is in Deerfield Beach, civil cases in Broward County are heard in the Seventeenth Judicial Circuit, and a quiet title complaint can be filed in any county where part of the land sits. The Broward County courthouse in Deerfield Beach, the North Regional Courthouse, hears some county civil matters. Larger disputes, those above the county court’s dollar ceiling, are in circuit court, and Broward’s complex business divisions take certain business-driven cases, including dissolution of some entities. Disputes touching Palm Beach County property go to the Fifteenth Judicial Circuit, and federal claims fall under the Southern District of Florida, which sits in Fort Lauderdale and West Palm Beach.

Common mistakes are avoidable. Do not sign a quitclaim deed to “clear things up” without understanding what you are giving away. Do not move out of a property without thinking about how that affects possession. Do not let a co-owner or partner record documents without a response. And do not assume a handshake arrangement is enforceable the way a written agreement is.

When a Partnership Fight and a Property Fight Are the Same Case

A good share of the title disputes we see sit on top of a business divorce. Partners buy a building through an LLC, one stops contributing, the other takes control of the rents, and suddenly the question is who owns what, who owes whom, and whether the entity should continue at all.

Florida’s LLC statute lists grounds on which a member can seek judicial dissolution, including deadlock that threatens irreparable injury, misappropriation or waste of assets, and conduct by those in control that is illegal or fraudulent. In those proceedings a court can appoint a receiver or custodian after a hearing, or order a buyout of the petitioning member’s interest. Corporations have comparable remedies, including a statutory path for the other shareholders to buy out a petitioner at fair value, with a 60-day window for the parties to agree on terms. Where an operating or shareholder agreement has its own deadlock sale mechanism, that provision can take priority if it is started before the court finds deadlock grounds.

The point is that the right title strategy depends on the entity strategy. Winning a declaration of ownership against a partner who still controls the company’s accounts may not stop money from disappearing. That is why we pair title claims with requests for an accounting, claims for breach of fiduciary duty, and emergency injunctive relief when assets are at risk.

Questions About Deerfield Beach Title Disputes

What is a quiet title action?

It is a lawsuit asking a court to determine who owns a piece of land and to remove competing claims or defective instruments from the record. Florida courts can cancel a deed or other evidence of title held by someone who is not the rightful owner.

How far back does a plaintiff have to trace title?

The statute generally requires showing the chain of title for at least seven years before the suit is filed, unless the court orders otherwise. Gaps or breaks in that chain are often where disputes are won or lost.

Where do I file if the property is in Deerfield Beach?

A quiet title complaint can be filed in any county where some part of the land is located. For Deerfield Beach property, that means Broward County, in the Seventeenth Judicial Circuit.

Can someone take my property by living on it?

Adverse possession exists in Florida, but it is demanding. Without a recorded instrument, the claimant must show actual, continued possession for seven years under a claim of title exclusive of others, and must follow a specific return and legal description process. With color of title, the instrument must be recorded. Owners who stay alert and act promptly usually have strong defenses.

How does a partition case work if my co-owner will not agree to sell?

You can ask the court to partition the property. The court may divide it physically, using commissioners it appoints, or, if division would prejudice the owners, order a sale at public auction and split the proceeds in proportion to each owner’s interest. A sale on credit requires at least one-third of the purchase money paid down unless everyone consents otherwise.

What is heirs property, and why does it matter?

It is real property held as tenants in common where there is no binding agreement among the co-owners on partition, at least one owner got title from a relative, and further conditions apply, such as relatives holding at least twenty percent of the interests. Partition of heirs property follows a different procedure with added protections against forced sales.

How much time do I have to sue over a failed real estate closing?

It depends on the remedy. A claim to force the sale through specific performance has a one-year period. A breach of contract claim on a written instrument has five years. Choosing the wrong remedy or waiting too long can cost you the claim.

Can a court stop a sale while the title case is pending?

Yes. In appropriate cases a court can issue temporary or emergency injunctive relief to prevent a property from being sold, transferred, or encumbered while ownership is being decided. The sooner the problem is identified, the easier it is to preserve the status quo.

My business partner put our property in his name. What are my options?

Depending on the facts, you may have claims to quiet or clear title, for breach of fiduciary duty, for an accounting, and for recovery of funds. If the partnership is deadlocked or assets are being misused, the court can appoint a receiver or order a buyout, and in urgent cases it can issue an injunction.

I live in New York or New Jersey. Do I have to come to Florida for every hearing?

No. We handle the Florida court proceedings, keep you informed at each stage, and coordinate remote participation where it is appropriate, so you can protect your interest in Deerfield Beach property without traveling for every appearance.

Is mediation an option in a title dispute?

Often, yes. Many ownership disputes settle through negotiation or mediation, especially when the parties are family or former partners who want a quick separation. Litigation remains available when the other side will not engage or the facts call for a judgment.

Title and Real Estate Dispute Representation Across Broward and Palm Beach Counties

We represent clients with Deerfield Beach properties and throughout the surrounding Broward County communities, including Pompano Beach, Lighthouse Point, Hillsboro Beach, Coconut Creek, Margate, Coral Springs, Parkland, Tamarac, Lauderhill, Sunrise, Plantation, and Fort Lauderdale. Our reach continues south through the rest of Broward and north into Palm Beach County, where we serve owners in Boca Raton, Delray Beach, Boynton Beach, Lake Worth, West Palm Beach, Wellington, Royal Palm Beach, and Palm Beach Gardens.

Whether the property is a waterfront home, a small commercial building, a vacant lot held by former partners, or an investment parcel owned by relatives who live out of state, the legal questions are the same: who has valid title, who has what share, and what the court can do about it. We also regularly work with clients from New York, New Jersey, and Connecticut who hold South Florida real estate, and with attorneys who refer their clients’ Florida disputes to us.

Speak With a Deerfield Beach Real Estate Title Attorney

If you are in a fight over who owns a property, or if a deed has been recorded that you did not agree to, a conversation with a Deerfield Beach real estate title dispute lawyer at the Andrew M. Schwartz Legal Team can clarify where you stand and what your options are before a deadline passes or a sale closes. We will review the documents, explain the likely path, and give you an honest sense of cost and timing.

Call our team to schedule a consultation. We return calls within 24 hours and will work with you on a schedule that suits you, wherever you live.