Professional legal services tailored to your needs
We offer a comprehensive range of legal solutions designed to meet your specific needs. Whether you require assistance with business law, estate planning, civil litigation, or real estate matters, we are here to provide knowledgeable guidance and effective representation
Business Law & Corporate Transactions
The Novit & Scarminach Corporate and Business Transactions Division is led by Charles A. Scarminach, a Martindale-Hubbell AV Preeminent Rated Lawyer for over 25 years and one of the most experienced business practitioners in the area. Our lawyers can help you choose the right business entity form to minimize your tax liability and help you evaluate which type of organization (such as a limited liability company, limited partnership, limited liability partnership, S Corporation or C Corporation) is best to meet your growth and financing needs while maximizing tax advantages. That includes help implementing the appropriate management and organizational structure that are best suited to meet any business planning need.
We assisted our clients on a variety of financing transactions and our most familiar with financing options available to the small business owner. We have prepared private offering memorandums for private offering enterprises and have assisted with venture capital financing. As advisers on commercial loan financing, our lawyers work with you to handle the documentation and negotiation of loans, letters of credit, asset-based financing, special purpose financing and all other commercial financing lending.
We also represent buyers and sellers in a wide variety of acquisitions and sales transactions. We can provide assistance with the structuring, negotiation, documentation and closing of the transactions, using the firm’s resources for everything from due diligence to creating business structures. We will provide the assistance you require to negotiate and prepare letters of intent, conduct due diligence investigations, structure acquisition and lending agreements, and form special purpose entities for completing the transaction.
We have participated in the business and transactional legal process for most of the modern history of Hilton Head Island, South Carolina, having represented its original developer, Charles E. Fraser, from the early 1970’s, and we are familiar with the special needs of doing business in this area.
We also represent buyers and sellers in a wide variety of acquisitions and sales transactions. We can provide assistance with the structuring, negotiation, documentation and closing of the transactions, using the firm’s resources for everything from due diligence to creating business structures. We will provide the assistance you require to negotiate and prepare letters of intent, conduct due diligence investigations, structure acquisition and lending agreements, and form special purpose entities for completing the transaction.
We have participated in the business and transactional legal process for most of the modern history of Hilton Head Island, South Carolina, having represented its original developer, Charles E. Fraser, from the early 1970’s, and we are familiar with the special needs of doing business in this area.
Estate Planning & Probate
The importance of protecting your assets and choosing the right way to benefit your heirs from your work cannot be over emphasized in these times we all live in now. Estate planning decisions made now can help to insure that the wealth you have built will succeed to the next generation. The various tax laws will impact many of your decisions and charting a path through the pitfalls requires the help of experienced professionals.
Whether your current estate plan needs to be updated to “fit” your current life situation or you want to consider the effect of the ever changing tax laws on your estate, we urge you to consult with our estate planning lawyers.
We will guide you through the complicated process and work with you to create the plan that efficiently and cost effectively transfers your assets to your selected heirs. You will have comfort in knowing you have a plan to benefit the financial security and well-being of your family.
Wills are essential for every stage of your life to insure minor children or pets have an appointed guardian, your property and personal assets are distributed properly, and establishes your wishes for medical care should you be unable to coherently make decisions.
Wealth protection requires knowledge of Federal and State tax laws and creation of tax based inheritance strategies that insure maximum benefit. This includes creation of Trusts, special tax vehicles such as limited liability companies and other facilities that fit your particular asset and wealth situation.
We have numerous clients who have had a continuing Estate Planning relationship with our Firm over many years and periodically require our advice as their wealth increases, assets or business changes and family needs evolve. These families benefit by not only our knowledge of the applicable laws but also by our familiarity with theirs and their changing plans.
Wealth protection requires knowledge of Federal and State tax laws and creation of tax based inheritance strategies that insure maximum benefit. This includes creation of Trusts, special tax vehicles such as limited liability companies and other facilities that fit your particular asset and wealth situation.
We have numerous clients who have had a continuing Estate Planning relationship with our Firm over many years and periodically require our advice as their wealth increases, assets or business changes and family needs evolve. These families benefit by not only our knowledge of the applicable laws but also by our familiarity with theirs and their changing plans.
Civil Litigation
Novit & Scarminach handles many different types of litigation matters. Daniel Saxon manages the litigation division of the firm. He is an accomplished advocate on behalf of our clients. Our litigation attorneys take a ‘results oriented’ approach while closely monitoring the bottom line for our clients. We are very cognizant of the economic challenges involved in litigation and remain vigilant in discussing with our clients their options and the cost efficacy of each option. Our client’s goals and objectives are of the utmost importance.
Novit & Scarminach has long serviced many of the legal needs of Home Owners’ Associations and Regimes in the lowcountry. In addition to developing, revising and ongoing maintenance associated with Master Deeds, Covenants, By-Laws and other governing documents, we also assist Associations and Regimes in their collection practices. Our firm has handled collections for various Associations on the Island since 2011 and currently manages the collection and foreclosure division at Novit & Scarminach.
Since the housing market crash in 2008, an Association’s ability to timely collect assessments has been greatly impaired. There are many legal options available to Associations, including liens, foreclosure, taking a property subject to a mortgage, having a receiver appointed to rent the property, payment plans and more.
Determining the most cost efficient and productive approach will vary from property to property. In many instances a first mortgage holder (Bank) has already initiated proceedings and it is important that the Association protect its rights and claims as part of those proceedings. Having a knowledgeable legal team to advise and navigate your Association during the process on is an important exercise of due diligence.
Our attorneys will ensure that your Association’s collection process is efficient and in compliance with all requisite laws including, but not limited to, the Federal Fair Debt Collection Act.
Since the housing market crash in 2008, an Association’s ability to timely collect assessments has been greatly impaired. There are many legal options available to Associations, including liens, foreclosure, taking a property subject to a mortgage, having a receiver appointed to rent the property, payment plans and more.
Determining the most cost efficient and productive approach will vary from property to property. In many instances a first mortgage holder (Bank) has already initiated proceedings and it is important that the Association protect its rights and claims as part of those proceedings. Having a knowledgeable legal team to advise and navigate your Association during the process on is an important exercise of due diligence.
Our attorneys will ensure that your Association’s collection process is efficient and in compliance with all requisite laws including, but not limited to, the Federal Fair Debt Collection Act.
Real Estate Law
No matter what your real estate needs are, we can help you achieve them. We represent commercial property owners and developers, landlords and tenants, commercial and residential lenders, and residential home buyers and sellers. Our legal team will provide you with advice and experience, necessary to achieve closing in an efficient, timely and financially reasonable manner.
We have experience with due diligence issues, environmental liability, title, deed and other problems during negotiation, contract execution, financing, closing and post-closing matters.
We also have significant background in real estate development, shopping center, office, hotel and resort, mixed-use or residential development projects. Using the experience we’ve gained from our practice in these areas, we can help you get through the many details of large scale real estate development.
We work with purchasers and sellers of single-family homes, townhouses, and condominiums. Over the past 40+ years, we have represented thousands of purchasers and sellers in the real estate closing process to include contract drafting and negotiation, financing and insuring that the closing itself is without delay or complication. We have also worked with purchasers and sellers of residential lots and homes in private communities and are familiar with interpretations of land use covenants, architectural review boards and community association issues.
We often assist our residential clients and developer clients to secure real estate and mortgage loans to finance their purchase of individual homes or home sites and large projects as applicable. We work with many commercial banks, lenders and mortgage brokers in all types of construction, purchasing, refinancing and permanent loans secured by real property. As our client, we’ll help you with all aspects of structuring and negotiating your loan, including commitment letters, loan agreements, notes, mortgages, title insurance and other collateral documents.
Over the years, we have performed more real estate closings than any law firm now in existence in Beaufort County. We can provide title insurance through major title insurance companies. This includes work with residential and commercial closings, underwriting title insurance commitments and policies for transactions, and coordinating title exams performed by our subsidiary title examination group located in Beaufort, South Carolina where the county office for recordation of documents is located.
Our firm looks forward to representing clients purchasing their first home or the large developer planning a significant community development. We pride ourselves in having done substantially all the legal work involved in perhaps the preeminent planned community in the State of South Carolina, Sea Pines Plantation on Hilton Head Island. For this work, we were honored by the prestigious Urban Land Institute of America.
At the same time, our experienced attorneys and staff know how to guide an out-of-state purchaser of a retirement home through the complicated legal process inherent in home ownership in this area.
We also have significant background in real estate development, shopping center, office, hotel and resort, mixed-use or residential development projects. Using the experience we’ve gained from our practice in these areas, we can help you get through the many details of large scale real estate development.
We work with purchasers and sellers of single-family homes, townhouses, and condominiums. Over the past 40+ years, we have represented thousands of purchasers and sellers in the real estate closing process to include contract drafting and negotiation, financing and insuring that the closing itself is without delay or complication. We have also worked with purchasers and sellers of residential lots and homes in private communities and are familiar with interpretations of land use covenants, architectural review boards and community association issues.
We often assist our residential clients and developer clients to secure real estate and mortgage loans to finance their purchase of individual homes or home sites and large projects as applicable. We work with many commercial banks, lenders and mortgage brokers in all types of construction, purchasing, refinancing and permanent loans secured by real property. As our client, we’ll help you with all aspects of structuring and negotiating your loan, including commitment letters, loan agreements, notes, mortgages, title insurance and other collateral documents.
Over the years, we have performed more real estate closings than any law firm now in existence in Beaufort County. We can provide title insurance through major title insurance companies. This includes work with residential and commercial closings, underwriting title insurance commitments and policies for transactions, and coordinating title exams performed by our subsidiary title examination group located in Beaufort, South Carolina where the county office for recordation of documents is located.
Our firm looks forward to representing clients purchasing their first home or the large developer planning a significant community development. We pride ourselves in having done substantially all the legal work involved in perhaps the preeminent planned community in the State of South Carolina, Sea Pines Plantation on Hilton Head Island. For this work, we were honored by the prestigious Urban Land Institute of America.
At the same time, our experienced attorneys and staff know how to guide an out-of-state purchaser of a retirement home through the complicated legal process inherent in home ownership in this area.
