General Counsel to Businesses and Entrepreneurs
Condominium Association Boards and Managements
We assist our associations’ Board of Directors with respect to: formation and dissolution, governing processes such as board meetings, buying and selling property, foreclosures, insurance, statutory and legal requirements for maintaining the association, promptly collecting past due assessments, enforcing all legally enacted rules and regulations of the association, and providing answers to any and all questions that may arise.
Evictions
Tenant Eviction law can be particularly complicated in Miami-Dade County. At Swimmer Law Associates, P.A., we offer skilled representation in Landlord/Tenant legal matters involving both residential and commercial property. Whether you control one unit or a thousand units, our significant experience enables us to be efficient and cost-effective when assisting our clients.
The eviction process usually involves three phases: 1) a notice is given to the tenant, 2) litigation is initiated leading to a settlement or a judgment, and 3) enforcement of the judgment restoring possession of the premises to the landlord, and possibly collection of a money judgment. We will get you through the entire process and advise you accordingly.
Renting is a business and like any business it is not without pitfalls. It is a business, even more so than others, that benefits from experienced lawyering. We at Swimmer Law Associates, P.A., parlay our extensive legal and property management experience to get you an effective, affordable and satisfactory resolution to any tenancy problem. Feel free to contact our office to discuss your special situations.
Real Estate Law
Swimmer Law Associates provides real estate and title services, for both residential and commercial transactions, to the South Florida community. Because we are lawyer-owned, we handle the legal problems which arise in a contract of sale or a closing. This enables us to be a true full service title company.
We handle both residential and commercial transactions, from vacant land sales to multi-million dollar properties, as well as construction financing. We represent institutional lenders, mortgage brokers, realtors, developers, and individuals and companies. We act as closing agents on behalf of banks, lenders, buyers and sellers, and are capable of handling any aspect of a real estate transaction.
We have the knowledge, experience and expertise to assist any party in a short sale real estate transaction. Our staff is trained to deal with the issues that arise with short sales. We can assist in structuring deals, communicating with lenders, submitting letters of authorization, preparing net sheets and hardship letters and negotiating amounts, commissions and other fees.
Most importantly, our experienced staff has the expertise to protect your interest. We take the initiative to immediately and efficiently work on your matter, and the title problems which can arise, so that we are ready to close when you are.
Title Agency (Real Estate Transactions)
Bankruptcy
Life is definitely unpredictable, with serious challenges that can arise to cause a stressful environment for you and your loved ones. If you are dealing with too much debt, it is important to find the most practical, cost-effective legal solution. At Swimmer Law Associates P.A., our practice offers comprehensive bankruptcy services throughout Miami-Dade County. The sooner that you speak with an attorney, the sooner that you can get the help you need. Our firm will give you the personal attention you deserve, listen to your concerns and figure out the best options that will work for you.
Divorce and Family Law
Going through a divorce can be extremely difficult and emotional and you may feel a bit overwhelmed. It is crucial that you have an aggressive and compassionate attorney to advocate and litigate on your behalf, as well as thoroughly explaining to you your rights and options each step of the way. Swimmer Law Associates P.A. is here to help you make decisions that are right for you and your family. Our experienced attorneys possess a thorough knowledge of complex family law issues and convey important legal information in an approachable way. Most importantly, we take the time to listen to our clients – always addressing your concerns and ensuring that your legal needs are being met.
Estate Planning and Asset Protection
NFA Gun Trust
WHAT IS AN NFA GUN TRUST?
A Firearms Trust is a legal Trust that can be used in the United States and Florida to register National Firearms Act (the “NFA”) firearms with the Bureau of Alcohol, Tobacco, Firearms, and Explosives (the “BATFE” or “ATF”). The ownership of NFA firearms is heavily regulated in the United States; it regulates the sale, use, possession, and transfer of machine guns, short-barreled shotguns and rifles, silencers, destructive devices, and AOWs.
WHY DO I NEED AN NFA GUN TRUST?
Federal and Florida law permits individuals, business entities, and Trusts to purchase NFA firearms, if allowed by state law. To obtain permission for an individual to obtain these items, the BATFE requires completion and submission of appropriate form(s), along with a payment of $200 for a tax stamp. A Gun Trust can be used to eliminate some of the red tape to acquire NFA firearms.
The ATF requires that all individuals obtain approval from their local Chief Law Enforcement Officer as part of the application process to purchase/transfer certain NFA. With a Gun Trust, no Chief Law Enforcement Officer signature is required, no fingerprints are required and no photographs are required. That said, the Firearms Trust must comply with specific legal requirements to be valid. The Trust commands the grantors, trustees, and beneficiaries of their rights, duties, and qualifications.
The Trust also controls what happens to the firearms should you become incapacitated. This protects your family and/or your friends, who are often the ones caring for you. While caring for you and your property, they may come in contact with the restricted items and put themselves at risk of violating the law without their knowledge. The Trust would help protect these friends and family giving authority to them to be in control of the restricted firearms and by providing clear instructions on who is allowed to do what.
When you die and you have a Firearms Trust, your firearms are not subject to probate or made part of a public record, they remain property of the Firearms Trust and in the possession of the Trustee(s). Once again, as with incapacitation, family members and/or friends are not unknowingly placed at risk of violating the law. Your beneficiaries will be protected by the Trust and provide for how the items can be legally transferred.
It is important to keep in mind that when an individual purchases certain NFA firearms, that individual is the only person permitted to use or have access to them. It is a violation of law to allow others use these NFA firearms when the owner is not in their presence. When you use a Firearms Trust to purchase the firearms, you can designate additional owners and authorized users. These authorized users can be changed to match your current situation.
Swimmer Law Associates, P.A. is experienced in the field of Firearms Trusts; feel free to contact our office to discuss your specific needs.
Contracts
Debt Collection
Taxation
Mediation
Swimmer Law Associates, P.A. is a full-service mediation firm that serves South Florida area clients. Professional mediation is about conflict resolution. When two or more parties have a dispute, either before litigation has been started or after a lawsuit has been filed, they may call in a mediator to facilitate an equitable solution. Unlike lawyers and judges, who evaluate, assess, and decide for others, mediators help participating parties evaluate, assess, and decide for themselves. Parties wishing to avoid the delays, high costs, publicity, and ill will brought on by litigation look to mediators as a more peaceful, inexpensive, and expedient alternative. The mediator’s job is to listen, sort through differences between the two parties involved in a dispute, and find common ground upon which to ascertain an agreed upon solution. A good mediator is honest, neutral, and encouraging; listens well; and has excellent communication skills. Helping two parties arrive at a mutually agreeable solution also takes a fair amount of creativity.
Mediation sessions are an opportunity for all sides to a dispute to work together to see if the issues can be resolved. When the parties come to mediation they can expect to spend some time together going over the history and background of the dispute, so that each person can hear directly the points of view or perspectives of the others involved. Facilitated by a neutral professional, mediation is a process, through which the parties are given an opportunity to evaluate in confidence the realistic options for resolution. The mediation generally begins with a joint session attended by all participants. At this session, one at a time, each party summarizes its position on the key factual and legal issues; at this time a joint discussion between the parties is encouraged. The joint session is followed by confidential caucuses between the mediator and each party. The mediator assists each party in evaluating its position and in assessing alternatives for resolution. Due to the confidentiality of the caucuses and the voluntary nature of the process, the parties retain control over the information which is shared, the options which are discussed, and the terms of the ultimate agreement. The end result is a written settlement agreement.
Swimmer Law Associates, P.A. handles each case on an individual basis. Let us help you work toward a mutually acceptable resolution.
Nonprofit Associations
We understand the challenges that nonprofits can face. Our firm believes that it takes special dedication to form and operate a nonprofit organization in the face of funding cuts and regulatory challenges. We provide cost-effective counsel to tax exempt organizations with a variety of legal needs including: preparation of organizational documents, governance issues, ongoing organizational issues, ethics issues, compliance with statutory law, drafting and reviewing of contracts, regulatory and other litigation matters.