Sunrise Real Estate Title Dispute Attorney

A title dispute rarely announces itself with a lawsuit. It usually surfaces at a refinance, a sale, or a closing that stalls because someone else’s name, lien, or competing deed shows up in the chain of ownership. The Andrew M. Schwartz Legal Team handles business and real estate litigation for owners and investors across Broward and Palm Beach Counties, and a Sunrise real estate title dispute attorney from our firm can step in once a cloud on title, a contested conveyance, or a co-ownership fight is blocking what you intend to do with your property.

Sunrise sits in Broward County, so these cases belong to the Seventeenth Judicial Circuit, the circuit court sitting in and for Broward County. Florida law lets a quiet title complaint be filed in any county where part of the land lies, and the property’s location, not the owner’s residence, drives where the case goes. That matters for the many Sunrise property owners who live elsewhere, including clients in New York, New Jersey, and Connecticut who hold condominiums, rental homes, or investment parcels here.

Most title disputes follow one of a handful of paths: a court determines who actually owns the land, a court cancels a deed or instrument that should never have been recorded, or a court splits up property that several people own together. Each path has its own statute, its own timeline, and its own proof requirements, and the right path depends on how the problem arose.

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

The Andrew M. Schwartz Legal Team is a business and real estate litigation firm serving Sunrise, Fort Lauderdale, Boca Raton, West Palm Beach, and the rest of Broward and Palm Beach Counties. Andrew M. 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 among partners, LLC members, shareholders, and co-owners of property, which is exactly the terrain where most title fights begin.

Senior Counsel Sundeep Nath, a Northwestern-trained litigator, works alongside Andrew on business and real estate cases in state and federal courts. The firm practices as a true legal team, so everyone working on your matter knows the file, and a strict 24 hour return call policy applies when we are in court. For out of state owners, we handle the local appearances and keep you informed so you are not traveling for each hearing. A meaningful part of our caseload also comes from other attorneys who refer clients with Florida real estate disputes, and we communicate with referring counsel throughout.

Real estate litigation outcomes matter more than adjectives. After a 5-day bench trial in Broward County Circuit Court, the firm obtained a 32-page final judgment awarding our client specific performance of a commercial real estate contract. That result reflects the kind of detailed, document-driven trial preparation that title and contract disputes demand. Our attorneys are also experienced in mediation and arbitration, and we look for the resolution that fits your goals and budget rather than prolonging a case for its own sake.

Common Types of Real Estate Title Disputes We Handle

• Quiet Title Actions: Florida’s chancery jurisdiction lets a person claiming legal or equitable title to land ask the court to determine ownership and enter a judgment that quiets title. Plaintiffs generally must trace, or deraign, title for at least seven years before filing unless the court orders otherwise.
• Clouds on Title and Void Instruments: A person who is not the rightful owner may hold a deed, lien, or other recorded paper that clouds the record. A complaint can ask the court to cancel the instrument and remove the cloud so the property can be sold or financed.
• Fraudulent or Forged Conveyances: When a deed was signed through fraud or an attempted conveyance was never authorized, Florida law allows a quiet title action on that basis and entitles the petitioner to a summary procedure, with the court directed to advance the case on its calendar.
• Adverse Possession Claims: A claimant must show actual, continued possession for seven years under a claim of title exclusive of others. Possession under color of title requires the instrument to be recorded, and a claim without color of title requires a return filed with the property appraiser that includes a full legal description.
• Partition Among Co-Owners: Former business partners, siblings, unmarried couples, and investors who own property together can ask the court to divide the land or order it sold. These cases belong in chancery under Chapter 64 of the Florida Statutes.
• Inherited Property Disputes: Property passed down among relatives may qualify as heirs property, which brings in a separate statutory framework designed to protect cotenants from forced sales that disadvantage them.
• Entity-Owned Property Conflicts: When an LLC or corporation holds the real estate and the owners are deadlocked or a manager is misusing assets, the title fight is often really a dissolution or fiduciary duty case wearing a real estate label.
• Failed Closings and Contract Disputes: Disagreements over purchase and sale contracts frequently turn into title questions, and a buyer may seek specific performance to compel the sale.

How These Cases Typically Unfold in Broward County

A title dispute usually begins with a title search or a title commitment that reveals the problem. From there the case follows a fairly predictable arc. The first stage is investigation: we gather the deeds, mortgages, probate records, entity filings, and any agreements among the owners, and we map the chain of title to find exactly where it broke. Many disputes are won or lost at this stage, because the paper trail often shows whether an instrument was properly executed, whether a signature authority existed, and whether a claimed interest was ever recorded.

The second stage is choosing the vehicle. A quiet title complaint is the right tool when ownership itself is contested or a recorded instrument needs to be removed. Partition is the right tool when the ownership is clear but the owners cannot agree on what to do with the property. A contract claim or a request for specific performance fits when a sale was promised and not delivered. Sometimes a single case combines several of these. The choice also drives deadlines: a contract claim founded on a written instrument has a five-year limitations period, an oral or implied contract claim has four years, a fraud claim runs four years from discovery with an outer limit of twelve, and an action to enforce specific performance carries only a one-year period. A claim to recover real property is barred unless the plaintiff or a predecessor held possession within seven years before suit.

The third stage is the pleadings and early motions. Quiet title and partition complaints must describe the land and name every person with a claim, and missing a necessary party can unwind months of work later. When assets or the property itself are at risk, such as a co-owner trying to encumber or transfer the parcel while the case is pending, we move early for temporary injunctive relief. In Broward County, cases involving the dissolution of certain business entities and larger business disputes may also qualify for the Seventeenth Circuit’s complex business division, which a filer can request at the time of filing.

The final stage is resolution. Many title cases settle at mediation once each side sees the documentary record clearly. Those that do not go to a bench trial, since quiet title and partition are equitable matters decided by a judge. In a partition, the court first decides whether each party is entitled to partition, then appoints three commissioners to determine whether the land can be divided fairly. If it cannot be divided without prejudice to the owners, the court may order a public sale and divide the proceeds in proportion to each owner’s interest. A sale on credit requires at least one-third of the price paid down unless every party agrees otherwise.

What to Do Right Now if Your Title Is Under Challenge

Start by collecting paper before anyone else does. Pull your deed, closing documents, title insurance policy, mortgage records, and any correspondence with the person asserting the competing claim. If an LLC or corporation holds the property, gather the operating agreement or shareholder agreement and the entity’s filings, because the authority of whoever signed a deed often depends on them. Resist the urge to confront the other claimant or sign anything they send, including quitclaim deeds or “clarifying” affidavits, which can concede ground you did not need to give up.

Contact your title insurer promptly. Many policies require timely notice of a claim, and the insurer may owe a defense or coverage for covered defects. Delay can hurt that right. At the same time, run a fresh title search to see what is actually of record. If you discover a recorded instrument you did not authorize, preserve evidence of how it got there, including who notarized it and when.

Watch the clocks. Contract-based claims, fraud claims, and specific performance claims each carry different limitations periods, and the shortest of them, one year for specific performance, can expire quickly after a failed closing. If you are an owner whose possession of a parcel could be challenged, keep records of how you have used, maintained, and paid taxes on it, since possession history matters in adverse possession disputes on either side. For cases arising in Sunrise, the lawsuit is typically filed with the Broward County Clerk and heard in the Seventeenth Judicial Circuit, with the circuit civil division handling disputes above the county court monetary limit. Federal court in Fort Lauderdale is available only when the case meets federal jurisdictional requirements, which most title disputes between private parties do not. The most common mistakes we see are waiting until a sale is imminent to act, signing a deed or settlement without understanding what it releases, and assuming a title insurer will handle everything without monitoring its progress. Calling an attorney early, before a closing is lost or an instrument is recorded against you, almost always widens your options.

Partition and Co-Ownership Fights Among Family, Partners, and Investors

Co-ownership disputes make up a large share of the property cases we see. Siblings inherit a house and one wants to sell while another lives in it. Former business partners hold a commercial building that neither can manage together. An unmarried couple buys a home and then separates. In each situation, Florida law gives a co-owner the right to ask the court to end the shared ownership, either by physically dividing the property or by selling it and distributing the money.

Inherited property gets special treatment. Under the Uniform Partition of Heirs Property Act, which applies to partition actions filed on or after July 1, 2020, a court that finds the property to be heirs property must proceed under that statute unless all cotenants agree otherwise in a record. Property qualifies when it is held as tenants in common with no binding agreement among all owners about partition, at least one owner acquired title from a relative, and one of the additional statutory conditions applies, such as twenty percent or more of the interests being held by relatives. The Act is meant to give family cotenants a fair chance to buy out a relative’s share before the property is sold to outsiders, and a court cannot order a partition in kind unless commissioners have considered the statutory factors and found that dividing the land would prejudice the owners as a group.

When business partners share real estate, the dispute often cannot be separated from the underlying company. A judicial dissolution of an LLC is available when managers or members are deadlocked and irreparable injury is threatened, when assets are being misappropriated or wasted, or when it is no longer reasonably practicable to carry on the company’s activities under its operating agreement. In a corporation, a shareholder may seek dissolution on grounds that include abandoned business, and the corporation or other shareholders can elect to buy out the petitioner at fair value, with the court entering a buyout order if the parties agree on value and terms within 60 days of the first election. Courts in these cases can issue injunctions and appoint a receiver or custodian after a hearing. We evaluate whether partition, dissolution, a buyout, or a combination best protects your interest in the property.

Questions About Sunrise Real Estate Title Disputes

What is a quiet title action?

It is a lawsuit asking the court to determine who owns a piece of land and to enter a judgment that settles competing claims. Florida courts can also use it to cancel a deed or other recorded instrument held by someone who is not the rightful owner, removing the cloud so the property can be sold or financed.

Where do I file a quiet title case for property in Sunrise?

The complaint may be filed in any county where part of the land is located. For Sunrise property, that means the circuit court for Broward County, which is the Seventeenth Judicial Circuit.

How far back does title have to be traced?

Florida law requires a plaintiff to deraign title for at least seven years before filing suit unless the court orders otherwise. In practice, we usually trace further when the problem began earlier or when the competing claim relies on older instruments.

Can someone take my property through adverse possession?

It is possible but demanding. The claimant must show actual, continuous possession for seven years under a claim of title exclusive of all others. Without color of title, the claimant must also file a return with the property appraiser including a full legal description. Where color of title is claimed, the instrument must be recorded before the possession counts. Regular monitoring and prompt action against trespassers or unauthorized occupants are the best defenses.

What is the deadline for suing over a failed real estate closing?

It depends on the claim. A damages claim founded on a written contract has a five-year limitations period. An action seeking specific performance carries a one-year period. Because the shorter deadline can pass quickly, these claims should be evaluated soon after a closing falls apart.

Can I force the sale of a property I co-own?

Often yes. A co-owner can file a partition action, and if the land cannot be divided fairly, the court may order it sold and the proceeds distributed according to each owner’s interest. Heirs property follows a different set of protections.

How does a court decide whether property can be divided or must be sold?

After finding that partition is warranted, the judge appoints three commissioners who evaluate the land and report whether it can be divided without prejudice to the owners. If they say it cannot and the court agrees, a sale at public auction may be ordered.

Will my title insurance cover a title dispute?

It may, depending on the policy and the nature of the defect. Many policies require prompt notice of a claim and exclude certain known or excepted matters. Report the problem to your insurer quickly and keep copies of everything you send and receive.

My co-owner is trying to sell or mortgage the property without me. Can a court stop that?

In urgent situations, a court can issue temporary injunctive relief to prevent assets or property from being transferred or encumbered while the dispute is pending. We move early when the facts support it.

I live in New York and own a Sunrise property. Do I have to attend every hearing?

Generally no. We handle the local appearances and proceedings and keep you informed at each stage. Some events, such as a trial or a mediation, may call for your participation, and we can often arrange remote attendance or scheduled conference calls.

Is it worth litigating a title problem, or should I try to settle?

Many title disputes resolve through negotiation or mediation once the documents are clear to everyone. We assess the strength of your position and the cost of litigating, then pursue the route most likely to get the property cleared on terms that make financial sense.

Can a title dispute also involve my business partners?

Yes. When an LLC or corporation holds the property, a title or ownership fight often overlaps with claims for breach of fiduciary duty, an accounting, or judicial dissolution. We evaluate the whole picture so one claim does not undercut another.

Serving Property Owners Across Sunrise and Broward County

We represent owners in Sunrise and throughout the surrounding Broward County communities, including Plantation, Tamarac, Lauderhill, Lauderdale Lakes, Davie, Weston, Pembroke Pines, Coral Springs, Margate, Coconut Creek, Fort Lauderdale, Hollywood, Deerfield Beach, and Pompano Beach. Our reach extends north into Palm Beach County, where we regularly handle disputes in Boca Raton, Delray Beach, Boynton Beach, West Palm Beach, and neighboring communities.

Whether the property is a single-family home, a condominium unit, a rental, a commercial building, or vacant land held through an entity, the same principles apply and the same courts are available. We also work with clients in New York, New Jersey, and Connecticut who hold South Florida real estate and need a litigator who understands both the local courts and the way tri-state owners do business.

Talk to a Sunrise Title Dispute Lawyer Before the Problem Hardens

If a competing deed, an unauthorized lien, or a co-owner’s refusal to cooperate is holding up your property, a Sunrise title dispute lawyer at the Andrew M. Schwartz Legal Team can review your documents, explain which claims and deadlines apply, and recommend a course that fits your goals and budget. Early action keeps more options available, from a negotiated clearing of title to a quiet title or partition case in Broward County. Call the Andrew M. Schwartz Legal Team to schedule a consultation.