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The Floyd Law Firm Names Collin Jewell Partner and Shareholder

July 10th, 2014

No Comments, Criminal Law, Important Articles, Newsletter, Personal Injury, Press Releases, by casesolutions.
The Floyd Law Firm, one of South Carolina’s long standing, leading legal offices, has named Collin Jewell as their newest Partner and Shareholder located in the Surfside Beach office. Collin has been a valued asset and leader to the Floyd Law Firm team since 2010, managing a substantial part of the Firm’s criminal, civil and personal injury workload. Jewell is a graduate of the Charleston School of Law and earned his Bachelor of Business Administration degree with an emphasis in business law from Stetson University in DeLand, FL. He is an active member...

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Do-It-Yourself legal documents: buyer beware

July 10th, 2014

No Comments, Elder Law, Estate Planning, Helpful Tips, by Brittney F. Jones.
As an estate planning attorney, I often get questions from clients and their families about do-it-yourself legal documents. We've all heard of these websites that sell fill-in-the-blank "user friendly" legal forms for things like Wills, Powers of Attorney, Living Wills, Five Wishes, Real Estate Contracts, Leases, LLC Formation, etc. And the questions I get are always the same: "Why should I pay an attorney hundreds of dollars for something I can get for $19.95 online and fill in myself? They even have a South Carolina specific form. Isn't this good...

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The Implications of Inherited IRAs in Chapter 7 Bankruptcy

July 7th, 2014

No Comments, Uncategorized, by Floyd Law Firm.
Last month the US Supreme Court decided Clark v. Rameker, which has far reaching implications for debtors who file a Chapter 7 bankruptcy and seek to exempt inherited IRAs from creditors. The Court was asked to decide if Congress intended for an inherited IRA to be exempt using the “retirement funds” exemption under U.S.C. § 522(b)(3)(C). The Court held that IRAs inherited by someone other than a spouse cannot be considered “retirement funds”, because beneficiaries cannot invest additional money or delay distributions until retirement. In the case at hand,...

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Deferred Action for Childhood Arrivals (DACA)

June 23rd, 2014

No Comments, Immigration Law, by casesolutions.
Deferred Action for Childhood Arrivals (DACA): The DACA Renewal Process    On June 5, 2014, the Secretary of Homeland Security, Jeh Johnson, released the process individuals must utilize in order to renew their enrollment in the DACA program.   WHAT IS DACA? Under DACA, certain people who entered the United States as children and meet a number of other criteria may apply for deferred action for a two-year period, which may be renewed.  Such individuals are also eligible for work authorization.  The DACA program essentially utilizes prosecutorial discretion to defer deportation and removal actions against individuals...

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To Sell or Not to Sell?: That may not be your choice!

June 18th, 2014

No Comments, Community Associations, by T. Jarrett Bouchette.
There are a number of factors to consider when purchasing a new property, especially a condo. Is this a good location? Is the association adequately funded? Are there any special assessments scheduled? Are the structures of the building in good condition? Probably not a consideration however is whether or not you may be forced to sell the unit, even if you don’t want to. In Florida, residents of a condo project found themselves in the position of being forced to sell their condo, which they lived in and desired to keep,...

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Is your Homeowners or Condo Association FHA Certified? Should it Be?

June 9th, 2014

No Comments, Community Associations, by T. Jarrett Bouchette.
Having your association certified by the Federal Housing Administration (FHA) allows potential purchasers of property in your neighborhood to be able to obtain loans that are FHA insured. Generally, these loans are low-down payment loans, sometimes only requiring 10-15% at closing. The FHA, however, does not want to want to insure loans that are secured by real estate in troubled Condo or Homeowners associations. As such, they have certain requirements that the association must meet before insuring a loan for a property there. Though it may require some extra work...

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The “Reasonable Accommodation”

May 21st, 2014

No Comments, Community Associations, by T. Jarrett Bouchette.

The “Reasonable Accommodation”: Ensuring Compliance with Federal Fair Housing Legislation

  The federal Fair Housing Act prohibits discriminatory practices that make housing unavailable (or restrict the use of housing) to persons because of: •   race or color •   religion •   sex •   national origin •   familial status, or •   disability Often we think of the act applying to landlords in the renting of residential property. However, the act applies to homeowners associations as well. The Fair Housing Act prohibits discrimination on the basis of disability in all types of housing transactions. ...

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Surfside Beach Immigration Attorney

May 18th, 2014

2 Comments, Uncategorized, by casesolutions.
Nonimmigrant Visa Attorney Obtaining a visa or changing/extending visa status can be a complicated process for many nonimmigrants and potential employers. William D. Pavy is able to help clients through the process of acquiring non-immigrant visas, including:
  • B-2 and B-1 Visitor Visas:
These are the typical visitor visas for tourists and business travelers coming to the United States for a temporary time period. Individuals (along with their families) may be admitted into South Carolina and the U.S. for a one year period.  Upon arrival, individuals are automatically...

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Serving on an HOA Board is Not Just Rulemaking

April 21st, 2014

1 Comment, Community Associations, by T. Jarrett Bouchette.

DUTIES OF HOMEOWNERS ASSOCIATIONS TO THE MEMBERS

  In South Carolina, homeowners associations usually operate as a non-profit corporation. The corporation, just like a for-profit corporation, is owned by the shareholders, which in the case of a homeowners association are the homeowners in the neighborhood.  The homeowners elect a board of directors to make decisions on behalf of the association. Those directors owe a fiduciary duty to the homeowners. Specifically, the directors owe the following duties to the homeowners:
  1. Duty of Care:
In making decisions on behalf of the...

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CAN YOUR HOA TELL YOU HOW MANY PETS YOU CAN HAVE?

April 7th, 2014

No Comments, Community Associations, by Floyd Law Firm.
For pet owners looking to purchase a new home, the list of desired factors may be a little different than non-pet owners. Things like size of the house, backyard, fences, etc… often are the first things to consider. However, an often overlooked consideration for pet owners is whether or not the homeowners’ association or condominium association allows pets, and if so how many? Recently the State newspaper reported on a Myrtle Beach case that should serve as a wakeup call for pet owners looking to move into a new home....

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