Plantation Quiet Title Attorney

A cloud on the title to a Plantation home, lot, or investment property tends to surface at the worst moment: a buyer’s title company flags a competing claim, a lender balks, or a former partner insists the deed you hold does not mean what you think it means. The Andrew M. Schwartz Legal Team handles business and real estate litigation for owners and investors across Broward County and Palm Beach County, and a Plantation quiet title attorney from our firm can take the question of who truly owns the property to a Florida court for a binding answer.

A quiet title action is different from the disputes people often confuse it with. It is not a breach of contract case, where the question is whether someone failed to perform a promise. It is not a partition action, where co-owners already agree they own the property and only disagree about whether to keep it, divide it, or sell it. And it is not an eviction. A quiet title case asks the court to decide who holds title, to cancel or neutralize competing paper, and to enter a judgment that title companies and future buyers can rely on. When the answer to “who owns this?” is genuinely contested or clouded, that is the lawsuit that resolves it.

Florida’s chapter 65 gives the circuit court authority over claims by anyone asserting legal or equitable title to land, including cases where two or more people claim the same land from a common source. A plaintiff can also ask the court to cancel a deed or other instrument held by someone who is not the rightful owner, removing it from the chain of title. Because the plaintiff generally must trace title back at least seven years before filing unless the court orders otherwise, these cases are won on documents, and preparation matters from the first day.

Why Choose the Andrew M. Schwartz Legal Team for Plantation Title Disputes

The Andrew M. Schwartz Legal Team represents business owners, investors, and families in South Florida’s most difficult business and real estate disputes, including title disputes, quiet title actions, partition cases, and fights between former partners over who controls a piece of property. Andrew M. Schwartz, the firm’s founder, 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 from Emory University in 1986 and his law degree from the University of Miami in 1989. Joining him is Sundeep Nath, Senior Counsel, a Northwestern-trained litigator with years of experience in business and real estate cases in both state and federal courts.

Title cases are won by people who read instruments closely, and contract interpretation has been at the center of Mr. Schwartz’s practice throughout his career. The firm also has a recent trial result in this field: after a five-day bench trial, a Broward County circuit judge issued a 32-page final judgment awarding the firm’s client specific performance of a commercial real estate contract. That outcome reflects what a title or real estate dispute usually demands, which is detailed trial preparation and a clear presentation of the record to a judge.

The firm works as a true legal team, so everyone on a matter knows the file, and a strict 24 hour return call policy applies when an attorney is in court. Many clients are co-owners who own Plantation property from out of state, including clients from New York, New Jersey, and Connecticut, and we handle the local court appearances so they do not have to travel for every hearing. Lawyers also refer cases to us, including out of state counsel whose clients have Florida property problems. We are experienced in mediation and arbitration as well as courtroom litigation, and we look for the resolution that fits your goals and budget.

Situations That Lead to a Quiet Title Lawsuit in Plantation

• Competing Deeds or Conflicting Claims of Ownership: Two people hold paper that each says the property is theirs, or a deed in the chain was signed, recorded, or delivered under circumstances that someone now disputes. A chapter 65 action lets the court decide which claim controls.
• Fraudulent or Forged Conveyances: When someone records a deed that was forged or obtained by deception, Florida law allows an action to quiet title based on the attempted fraudulent conveyance, with summary procedure and a court directed to move the case up on its calendar.
• Former Business Partners Who Disagree About Title: A property bought through a company or in one partner’s name may be claimed by another. Disputes over who contributed what, and whether the property belongs to the entity or to an individual, frequently turn into title litigation.
• Inherited Property With Unclear Ownership: Siblings and relatives who inherit together sometimes find gaps in the probate record, a missing deed, or a relative who claims a share. Title can be cleared through quiet title, and where owners simply cannot agree what to do with the property, a partition action may be the better fit.
• Adverse Possession Claims: Florida generally bars a suit to recover real property unless the plaintiff or a predecessor was in possession within seven years before filing. A person claiming adverse possession must show actual, continuous possession for seven years under a claim of title, and a quiet title judgment is the usual way to confirm it.
• Clouds From Old Liens, Mortgages, or Recorded Instruments: Stale mortgages, unreleased liens, and recorded instruments that were never cleaned up can block a sale or refinance. Where a party who is not the rightful owner holds such evidence of title, the court can cancel it and remove the cloud.
• Disputes Arising From Failed Closings or Contract Breakdowns: When a sale falls apart and each side claims rights to the property, title questions often sit alongside contract claims, including claims for specific performance.
• Owners Who Need to Separate From Title: Sometimes the client is the person who needs to be removed from title to a property, for example after a business breakup, and needs a court order that confirms the separation.

What to Do Now If Someone Is Challenging or Clouding Your Title

Start by gathering paper before anyone changes the story. Collect your deed, the closing documents from your purchase, any title insurance policy and commitment, surveys, mortgage and satisfaction records, tax bills, and anything that shows who has been paying for and using the property. If the dispute involves a business or an inheritance, add the operating agreement, partnership records, wills, probate filings, and correspondence. Because a plaintiff must trace title for at least seven years in most quiet title cases, a title search and chain-of-title review is usually the first real work product, and it often reveals the defect before a single pleading is filed.

Next, check your possession and your deadlines. If you have been in possession of property for years, document it: utility accounts, repair invoices, insurance, property tax payments, and witnesses who can speak to who lived in or controlled the property. Adverse possession in Florida has precise requirements, including a seven-year period and, for claims under color of title, recording of the instrument the claim is founded on with the circuit court clerk in the county where the property sits. Related claims carry their own clocks. A claim on a written contract generally has a five-year period, an oral contract claim four years, a fraud claim four years from discovery with an outer cap of 12 years, and a suit for specific performance one year.

Do not sign anything from the other side, do not record new instruments on your own, and do not move out or abandon the property in the belief that it will resolve itself. If someone is threatening to sell, mortgage, or transfer the property while the dispute is pending, tell your lawyer immediately, because courts can grant temporary injunctive relief to keep property from being moved or encumbered while the case proceeds. A quiet title complaint can be filed in any county where any part of the land is located, so for property in Plantation the case belongs in the Seventeenth Judicial Circuit, which sits in and for Broward County. Broward’s circuit civil cases are handled at the Central Judicial Complex in Fort Lauderdale, and the county also operates a regional courthouse in Plantation that serves the western part of the county. Where a title fight is part of a larger business dispute, the Seventeenth Circuit’s complex business division may handle certain large business matters.

How a Quiet Title Case Moves Through a Florida Court

The case begins with a complaint that identifies the land, the plaintiff’s claim, and each person who asserts a competing interest. Everyone with a potential claim must be named and properly served, including heirs, lienholders, and former co-owners, and unknown parties are addressed through the statutory process. The seven-year title chain requirement means the complaint is typically built on a documented search rather than allegations alone. When the claim rests on a fraudulent attempted conveyance, chapter 65 provides summary procedure and directs the court to advance the case on its calendar, which can make a difference when a sale or closing is looming.

After the pleadings, the case turns on proof. Judges decide title questions by looking at recorded instruments, testimony about how documents were signed and delivered, evidence of possession, and the parties’ dealings over time. These cases often live and die on the exact wording of an agreement and the history behind it. Many are resolved before trial through mediation or a negotiated recording of corrective deeds, releases, or a settlement of competing claims. When they are not, a court enters a judgment that declares who owns the property and cancels clouding instruments, and that judgment can be recorded to give future buyers and lenders something they can rely on.

It is also worth knowing when quiet title is the wrong tool. If every co-owner agrees title is shared and the real fight is whether to sell, a partition action under chapter 64 is the correct vehicle. In partition the court may divide the land, or, if it cannot be fairly divided, order a sale and split the proceeds. Property inherited among relatives may fall under Florida’s heirs property protections, which add safeguards before a forced sale. Choosing the right action at the outset saves cost and avoids a dismissal that burns months.

Questions About Quiet Title Actions in Plantation

What is a quiet title action?

It is a lawsuit that asks a court to determine who owns real property and to remove competing claims or recorded instruments that cast doubt on that ownership. The resulting judgment can be recorded and relied on by lenders, buyers, and title insurers.

Which court hears a quiet title case for Plantation property?

Quiet title is a matter for the circuit court, and the action may be filed in any county where part of the land lies. For Plantation property, that is the Seventeenth Judicial Circuit, which sits in and for Broward County.

How far back does the title search have to go?

A plaintiff generally must trace title for at least seven years before filing, unless the court orders otherwise. In practice, your lawyer often reviews the chain well beyond that to find the source of the problem.

How is quiet title different from a partition action?

Quiet title decides who owns the property and whether competing claims are valid. Partition assumes the co-owners hold title and asks the court to divide the property or order it sold and the proceeds shared. They are sometimes filed together or in sequence.

Can someone become the owner of my property just by living on it?

Adverse possession is possible in Florida but demanding. Without color of title, the claimant needs actual, continuous possession for seven years under a claim of title exclusive of any other right, and must satisfy statutory requirements including a full legal description. With color of title, the instrument must be recorded with the clerk, and the possession must be continuous for seven years.

What if the deed on my property was forged?

Florida allows a quiet title action based on a fraudulent attempted conveyance, and the statute provides summary procedure with the court directed to move the case up on its calendar. Evidence of the forgery, such as signature comparisons and notary records, becomes central.

How long do I have to file after discovering a problem with my title?

There is no single clock, because it depends on what claims are involved. A written-contract claim generally has five years, an oral contract claim four years, a fraud claim four years from discovery with a 12 year cap, and specific performance only one year. Talk to a lawyer promptly so each claim can be preserved.

Can a quiet title lawsuit stop a sale or refinance that is about to happen?

Filing alone does not automatically freeze a transaction, but a court can issue injunctive relief to prevent property from being sold or encumbered while the case is pending. Whether that is appropriate depends on the urgency and the strength of your claim.

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

No. We regularly represent out of state owners with Florida property, handle the local court appearances, and keep you informed at each stage, including by scheduled conference call.

Do these cases always end in a trial?

No. Many are resolved through negotiation, mediation, or an agreed recording of corrective instruments. We prepare every case as if it will be tried, because that preparation is what produces good settlements and, when needed, good judgments.

Is it worth hiring a lawyer for a small title problem, such as a stale lien?

Often yes, because even a modest cloud can block a sale or refinance, and a mistake in how a release or corrective deed is drafted can create a new defect. An attorney can tell you whether a simple cure will work or whether a court judgment is the safer path.

Quiet Title Representation Across Plantation and Broward County

We represent property owners in Plantation itself, from the neighborhoods around Plantation Acres and Jacaranda to the areas near Central Park and the Broward Boulevard and University Drive corridors. Our work extends through neighboring Sunrise, Davie, Lauderhill, Lauderdale Lakes, and Tamarac, and east into Fort Lauderdale, Oakland Park, and Wilton Manors. Clients also come to us from Coral Springs, Parkland, Coconut Creek, Margate, Pompano Beach, Deerfield Beach, Hollywood, Pembroke Pines, Miramar, Weston, and Cooper City, all of which fall within Broward County.

Our reach continues north through Palm Beach County, including Boca Raton, Delray Beach, Boynton Beach, West Palm Beach, and the surrounding communities. Because many Plantation and Broward property owners live elsewhere, we also work with clients in New York, New Jersey, and Connecticut who hold business interests or real estate in South Florida.

Speak With a Plantation Quiet Title Lawyer

If a deed, a lien, a former partner, or a family member is clouding your ownership of Plantation property, a conversation early in the dispute can change what options you have. The Andrew M. Schwartz Legal Team can review your documents, explain whether quiet title, partition, or another remedy fits, and tell you plainly what the case will take. Call to speak with a Plantation quiet title lawyer about your property and schedule a consultation.