What is an Investor Visa?

The E Investor Visa allows an individual to carry on their business in the United States if the home country has a commercial treaty with the United States conferring such eligibility. This visa must be renewed every so many years but here is no limit to how many times one can renew.

An investor must contribute to the US economy. The dollar amount of cash investment normally should exceed $50,000 depending on the type of business although Boyer Law Firm cases have been made successful in getting visas as low as $12,000.

Do my relatives get an investor visa?
Spouses and unmarried children under 21 years of age, regardless of nationality, may receive derivative E-2 visas in order to accompany the principal alien. The spouse of the E2 holder can also apply for employment authorization.

It is important to hire an experienced lawyer when handling your investor visa package. At Boyer Law Firm we have helped many clients obtain investor visas. Please do not hesitate to contact us with your matter as we will be happy to help.

Why Hire a Probate Attorney?

When your family has just suffered the loss of a loved one it is faced with hard decisions when it is most difficult to make them. Your choice of Boyer Law Firm, PLLC to assist you in settling the estate’s affairs should add clarity, efficiency and peace of mind to the guiding the settlement of your loved one’s estate through settlement and probate proceedings. Boyer Law Firm, PLLC works with the family to demystify Florida’s sometimes difficult probate procedures, laws and rules. Only through aggressive representation and compassionate care will your family ease the tension in this difficult situation.

“You’ll want to hire the attorney who regularly handles probate matters, but who also knows enough about other fields to question whether the action being taken might be affected by laws in any other areas of law. For example, if the decedent had extensive real estate holdings, the lawyer should also know something about real property law.”

Unfortunately, the law waits for no one, a decedent’s estate must be settled in a timely manner. The responsibility of who will settle the estate is determined by the Last Will and Testament of the decedent. The person named in the will to complete the task is called the executor of the estate. Through the probate proceeding (which is the process of proving the validity of the will) the court appoints the executor to be the personal representative of the estate. Hiring a qualified probate attorney should be one of the estate’s first and top priorities. Therefore if you have a probate issue please do not hesitate to contact us today at Boyer Law Firm and we will be happy to assist you in these matters.

USCIS offers immigration benefits to Japanese Nationals impacted by the Tsunami disaster.

On March 11, 2011 a tsunami caused by a huge magnitude 8.9 earthquake devastated the Northeast cost of Honshu, Japan. In April 8, 2011 a second earthquake, 7.1 magnitudes, rocked northeast Japan. Responding to these recent disasters, U.S. Citizenship and Immigration Services (USCIS) reminds Japanese nationals of certain U.S. immigration benefits available upon request.

Indeed, USCIS understands that a natural disaster can affect an individual’s ability to establish or maintain lawful immigration status. Thus, few temporary relief measures are available to eligible nationals of Japan. For example, the grant of an application for change or an extension of non-immigrant status for an individual currently in the United States are possible, even when the request is filed after the authorized period of admission has expired. Moreover, the USCIS expedites adjudication and approval where possible, of requests for off-campus employment authorization for F-1 students experiencing severe economic hardship. They process of immigrant petitions for immediate relatives of U.S. citizens and lawful permanent residents; and employment authorization where appropriate. USCIS also offers assistance to legal permanent residence stranded overseas without immigration documents such as Green Cards and to visitors traveling under the Visa Waiver Program.

If you need help with an immigration issue, you should contact Boyer Law Firm. We deal with immigration cases on a daily basis for clients from different countries such as France, Italy, Canada… and we have been able to obtain good results. We will be happy to find a way to resolve your immigration problem.

The Importance of a Hardship Letter

A major procedure that borrowers often overlook in loan modification issues is the hardship letter. To apply for any mortgage assistance that involves cutting your monthly payments to match your current financial standing, banks and lenders require you to write a hardship letter, which contains the reasons for the default as well as your next set of actions to turn your situation around.

“In the effort to convince lenders into approving their application for mortgage assistance, homeowners often make the mistake of writing a sob story that’s 5-10 pages long. A clerk earning a minimum wage in the loss mitigation department of your bank will throw your hardship letter away because he still has a pending stack of applications for loan modification from thousands and thousands of homeowners to attend to.

Some homeowners also copy templates from blogs and websites online, only to find out that the hardship letter they almost xeroxed in terms of the density of words copied, does not apply to their situation at all.”

At Boyer Law Firm we can aid you in articulating your current circumstances and how they contribute to the default in your mortgage. This part of the letter should be detailed without being boring and overwhelming. Boyer Law Firm in equipped and ready to customize your hardship letter that aids you in your current circumstances.  Please contact us if you have any more questions.

To read more on this article see – http://blog.secretsaboutloanmods.com/home-refinance/a-loan-modification-attorney-can-help-write-a-hardship-letter-for-you/

Are you being harassed by Debt Collectors?

Have you been harassed by a debt collector? Debt collectors are required to abide by strict rules under both Florida Law and Federal Law. Those rules are designed to protect both the consumer and the integrity of the American credit system. If an unscrupulous debt collector is harassing you, Boyer Law Firm, PLLC can help you fight back.
What type of conduct is prohibited?
Debt collectors cannot:
• telephone you an unreasonable number of times
• telephone you at any unusual time or unusual place
• disclose information about your debts to third parties
• use profane or other abusive language
• contact you after written notification that you do not want to be contacted any further
• claim to be affiliated with any governmental organization
• misrepresent the character, amount or legal status of a debt
• threaten to take any action that cannot be taken legally
• accuse you having committed a crime
• threaten or communicate false credit information
• attempt to collect until honoring your request to validate
• use deceptive methods to collect debts
• call you before 8:00 a.m. or after 8:00 p.m.
• Call you, but not announce who they are
• Talk to your employer about your debt
• continue collection efforts until honoring a request by you to validate the debt

So if an unscrupulous debt collector is harassing you, Boyer Law Firm, PLLC can help you fight back.  Please contact us today if you have any further questions.

We Have Moved Our Orlando Office!

“If there is a right place in all of the Orlando metropolitan area, Altamonte Springs is it. Positioned in the geographic heart of Central Florida, Altamonte Springs provides a solid base of white collar personnel and support services with the convenience of a location that virtually eliminates the daily challenge of commuting to work.”

The new address is:

ORLANDO (Altamonte Springs)
499 N. State Road 434, Suite 2063
Orlando, Florida 32714

Office: +1 (407) 574-2573
Fax: +1 (904) 371-3935

To set up an appointment for any issues or concerns you may have please do not hesitate to contact us. Boyer Law Firm strives to provide for your needs.

***Our Jacksonville Office remains the same.

A newly expanded foreign trade zone for Northeast Florida

“JaxPort on Wednesday announced the U.S. Department of Commerce and its Foreign Trade Zone Board approved the port authority’s application for a zone that covers Duval, Nassau, Clay, Baker and Columbia counties.
Deborah Lofberg, who oversees the foreign trade zone for JaxPort stated that “the designation is based on showing an industrial site is served by a solid transportation network that can attract a cluster of businesses that import goods.”

Business located in foreign trade zones can either eliminate or defer the custom duties levied when goods are imported into the U.S. The foreign trade zones are aimed at convincing manufacturers and distributors to put their operations in the U.S. rather than overseas.

Here at Boyer Law Firm we have handled many business cases dealing with imports and exports. This trade zone expansion may benefit or even appeal to many businesses. At Boyer Law Firm we will be happy to help you with any issues you have with your business.  Please contact us if you have any further questions.

Read more at Jacksonville.com: http://jacksonville.com/business/2011-05-11/story/first-coast-businesses-expect-boost-being-foreign-trade-zone?sms_ss=email&at_xt=4dcb684bae77925d%2C0#ixzz1M9V1zykg

What is a Trust and Why it is Important?

A trust is an arrangement wherein one person (the trustee) manages and holds legal title to property owned by another (the settlor or grantor) for the benefit of a third party or parties (the beneficiary).

There are many different kinds of trusts, such as a testamentary trust which is a trust created by a person’s will and that takes effect after his or her death. One of the reasons a person may want to create a testamentary trust is that it permits him or her to control how trust property is given to the beneficiary.

There are other types of trusts that may be beneficial to your situation that is why it is important to speak to your attorney regarding these matters. Please contact us if you are interested in setting up a will or trust for your future needs.

Drawing a Florida Will

Any adult of sound mind is entitled to make a will. However in there are a few technical requirements a will must fulfill:

• The will must be signed by at least two witnesses. The witnesses must watch you sign the will, though they don’t need to read it. Your witnesses, in most states, must be people who won’t inherit anything under the will. (If your state allows “holographic” wills, you don’t need witnesses.)

• You must date and sign the will.

You don’t have to have your will notarized. In many states, though, if you and your witnesses sign an affidavit (sworn statement) before a notary public, you can help simplify the court procedures required to prove the validity of the will after you die.

You do not have to record or file your will with any government agency, although it can be recorded or filed in a few states. Just keep your will in a safe, accessible place and be sure the person in charge of winding up your affairs (your executor) knows where it is.

Florida law has specific requirements to make a valid will and to avoid probate proceedings.

If you are interested in creating a will to set up security for your future, please contact Boyer Law Firm as we have mastered the provisions and tailored our forms to provide maximum security for you future when creating your Florida Will.

A Guide to a Florida Real Estate Closing

“The closing is the end of the long and arduous process of buying a house. It refers to the day you close the deal on a piece of real estate and on the mortgage to buy that real estate. Essentially it’s the final transfer of money and keys.”

Timing is Everything
Timing is critical when scheduling the transaction, make sure you take into consideration your current living situations, mortgage considerations, work schedules, and moving.

The Real Estate Documents
Below are the following documents and an explanation of what each entails during the closing process:

•    “HUD Form 1 or Disclosure/Settlement Statement. This is one to read carefully (though, of course, all these papers are important and need to be read). The form will contain all the actual settlement costs and amounts. Again, this is a paper ripe for typos and errors. The closing agent will go over this document with the buyer and seller. Do pay attention.

•    Warranty deed. This is the document that brought all these people to the table. This document should include the names of the buyer, the seller and a description of the property. Often this deed also guarantees that the seller has the right to sell the property. With the signatures of the seller and buyer, this piece of paper transfers the title of property. Savor this particular signing; it’s the real deal.

•    Proration agreements. These describe how you and the seller are divvying up the costs of the house for the month in which it is being bought. For example, the seller may have already paid the property taxes, so the buyer needs to reimburse the seller for the portion of the tax bill that covers the time after the buyer takes over the property. Or in reverse, the seller may not have paid the quarterly homeowner’s association fees yet. The buyer will be paying this, but at the closing, the seller reimburses for the period he was still living in the house. In the end, lots of little bits of money may go back and forth across the table — at least on paper.

•    Tax and utility receipts. You’ll probably also be signing various city and state receipts acknowledging that this or that has been paid by the seller or will be paid by the buyer.

•    Name affidavit. Here’s where too many legal technicalities get annoying. This document is certifying that you are who you say you are.

•    Acknowledgment of reports. More legalese assures that the buyer has seen all of the reports regarding the property. These can include surveys and a termite inspection.

•    Search or Abstract of Title. This one would make excellent bedtime reading for an insomniac. The abstract gives a listing of every document that has been recorded about this particular piece of property. Don’t worry, this doesn’t obligate you to anything, but it does give you the history of the house.”
Once all the documents are signed it is time to end the closing, dealing with the favorite part for most buyers and sellers: handing over the money and receiving the keys. Here are a few things a buyer will be paying for at the closing:

•    “Closing costs. Expect to pay a portion of the closing costs. These can vary from state to state and even from county to county. Also, most are negotiable (ahead of time), so closing costs can vary greatly.

•    Payment for the house. The buyer brings the down payment (if any) at this time, minus any earlier deposit(s). It is given to the closing agent, along with the lender’s check for the balance.

•    Escrows. Often the buyer’s annual taxes, insurance and other items are paid through the lender. An escrow account (or reserve) will be established at this time.”

To read more on real estate closings see: http://www.bankrate.com/brm/news/real-estate/buyerguide2004/closing.asp

If you have an questions or real estate closings, Boyer Law Firm will be happy to assist you in this matter.  Contact us today.

It is Important to get your Word, Phrase, Symbol or Design trademarked

A trademark is a word, phrase, symbol or design, or a combination thereof, that identifies and distinguishes the source of the goods of one party from those of others.
When you file a trademark registration application the examining attorney will review the application and may issue refusals based on the Trademark Act of 1946, 15 U.S.C. §1051 et seq., or the Trademark Rules of Practice, 37 C.F.R. Part 2.

The most common reasons for refusing registration are because the mark is:
•    Likely to cause confusion with a mark in a registration or prior application;
•    Descriptive for the goods/services;
•    A geographic term;
•    A surname;
•    Ornamental as applied to the goods.

The examining attorney may also issue requirements concerning, for example:
•    The goods and services listed in the application;
•    The description of the mark;
•    The quality of the drawing;
•    The specimens.

In short, a trademark is a brand name. A trademark includes any word, name, symbol, device, or any combination, used, or intended to be used, in commerce to identify and distinguish the goods of one manufacturer or seller from goods manufactured or sold by others, and to indicate the source of the goods.

A service mark is any word, name, symbol, device, or any combination, used, or intended to be used, in commerce, to identify and distinguish the services of one provider from services provided by others, and to indicate the source of the services.

Not all trademarks must be registered, but federal registration has several advantages, including a notice to the public of the registrant’s claim of ownership of the mark, a legal presumption of ownership nationwide, and the exclusive right to use the mark on or in connection with the goods or services set forth in the registration.
If you have a trademark issue, please contact Boyer Law Firm today and we will be happy to assist you in either trademarking your logo or discussing other possible options.