Preston Hall Oughton’s Answers

Preston Hall Oughton

Jacksonville Estate Planning Attorney.

Contributor Level 11
  1. I just moved in a foreclosed home in Florida

    Answered almost 3 years ago.

    1. Preston Hall Oughton
    1 lawyer answer

    Foreclosure is a judicial process, so unless the gentleman who came to you was with the police and had a writ of possession, then you are not required to leave the property. Tenant's have rights to remain in the property even during a foreclosure. Consult with an attorney to see where the foreclosure is at in the judicial process and what rights you have moving forward. This response does not create an attorney-client relationship. Unless you are already a client of the Law Office of...

    2 lawyers agreed with this answer

  2. How do you contest a residential eviction in fl. without having to pay rent into the court registry?

    Answered over 1 year ago.

    1. Edward J. Fucillo
    2. Preston Hall Oughton
    3. Cheryl Rivera Smith
    3 lawyer answers

    You can dispute the amount of rent owed in a motion to determine the rent owed, but you would need to place the amount you agree is owed into the court registry. This response does not create an attorney-client relationship. Unless you are already a client of the Law Office of Preston H. Oughton, pursuant to an executed fee agreement, you should not use, interpret, or rely on this response as legal advice or opinion. Do not act on any information in this response without seeking legal advice....

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  3. What is the difference between a shareholder and a partner in a law firm?

    Answered almost 3 years ago.

    1. Earl Kenneth Mallory
    2. Marshall C Deason Jr.
    3. Preston Hall Oughton
    3 lawyer answers

    Most likely there is no difference at all. Law Firms used to be partnerships, but then law firms began to operate as corporations to limit personal liability and partners became shareholders. This response does not create an attorney-client relationship. Unless you are already a client of the Law Office of Preston H. Oughton, pursuant to an executed fee agreement, you should not use, interpret, or rely on this response as legal advice or opinion. Do not act on any information in this...

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  4. Does bankruptcy wipe out private student loans?

    Answered 3 months ago.

    1. Kevin Christopher Gleason
    2. Lewis Matthew Roberts
    3. Shaye Larkin
    4. Matthew Scott Berkus
    5. William Joseph Kopp Jr.
    6. ···
    7 lawyer answers

    No. Talk to a bankruptcy attorney before considering bankruptcy. This response does not create an attorney-client relationship. Unless you are already a client of the Law Office of Preston H. Oughton, pursuant to an executed fee agreement, you should not use, interpret, or rely on this response as legal advice or opinion. Do not act on any information in this response without seeking legal advice. Preston H. Oughton poughton@oughtonlaw.com (904) 854-6336.

    1 lawyer agreed with this answer

  5. Trying to kick my horrible roommate out

    Answered about 1 year ago.

    1. David Vega
    2. Preston Hall Oughton
    3. Samuel Noah Harden
    3 lawyer answers

    This sounds like a civil matter and I do not believe the police will remove this roommate without a writ of possession. You or your landlord may take action to legally remove the property, but you may open yourself to liability under Chapter 83, Florida Statutes if you constructively evict this roommate. I recommend you talk with an attorney about your situation. This response does not create an attorney-client relationship. Unless you are already a client of the Law Office of Preston H....

    1 lawyer agreed with this answer

  6. We have a three year lease that stipulates that the owner of the house in which we are living is responsible for major repair.

    Answered about 1 year ago.

    1. Edward J. Fucillo
    2. Mark Theodore Tischhauser
    3. Preston Hall Oughton
    4. Richard Glenn Elie
    4 lawyer answers

    The Lease will govern the relationship between the landlord and tenant. Most lease agreements will outline what happens when a repair is needed at the property. Generally, landlords are required to make major repairs. I recommend you talk with an attorney about your situation. I agree with the other attorneys that the landlord may be in breach of the lease agreement. This response does not create an attorney-client relationship. Unless you are already a client of the Law Office of Preston H....

    1 lawyer agreed with this answer

  7. What are seller obligations ?

    Answered about 1 year ago.

    1. Debra Lynn Fein
    2. Don A Dennis
    3. Preston Hall Oughton
    3 lawyer answers

    The contract will govern the relationship between the buyer and seller. Most contracts will outline what the seller's obligations are to the buyer. I recommend you talk with an attorney about your situation. This response does not create an attorney-client relationship. Unless you are already a client of the Law Office of Preston H. Oughton, pursuant to an executed fee agreement, you should not use, interpret, or rely on this response as legal advice or opinion. Do not act on any...

    1 lawyer agreed with this answer

  8. Can I rent out a life estate property If I can afford paying for it? Is the lender obligated to keep the terms of the loan mod?

    Answered over 1 year ago.

    1. Cheryl Rivera Smith
    2. Preston Hall Oughton
    2 lawyer answers

    You have two questions. The first involves understanding who has a future interest in the property as you only have the life estate. Renting out the property could become complicated in the event your life estate ends, but the lease agreement does not. I recommend you have a more detailed discussion about your situation with an attorney. The second involves a Loan Modification and the terms of the Loan Modification will govern the relationship between the lender and borrower. Most Loan...

    1 lawyer agreed with this answer

  9. My landlord has been harassing me very bad. I need a lawyer asap!

    Answered over 1 year ago.

    1. Timothy C Martin
    2. Preston Hall Oughton
    3. Brandy Ann Peeples
    3 lawyer answers

    The Lease will govern the relationship between the landlord and tenant. Generally, landlords are not allowed to perform self-help evictions by shutting off utilities or removing doors. I recommend you talk with an attorney about your situation. This response does not create an attorney-client relationship. Unless you are already a client of the Law Office of Preston H. Oughton, pursuant to an executed fee agreement, you should not use, interpret, or rely on this response as legal advice or...

    1 lawyer agreed with this answer

  10. Exclusive use and occupancy during notice period in Florida

    Answered over 1 year ago.

    1. Edward J. Fucillo
    2. Preston Hall Oughton
    2 lawyer answers

    The Lease will govern the relationship between the landlord and tenant. If the Lease requires a tenant moving out to all the landlord to show the property. Generally, notice is based on a reasonable standard, but may be specifically stated in the Lease. As for the lockbox, the Lease will govern this as well, but I agreed that if there is nothing in the Lease about it, then you do not have to do something you did not agree to and is not required by the Florida statutes. This response does...

    1 lawyer agreed with this answer

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