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Preston Hall Oughton

Preston Oughton’s Answers

137 total


  • We have a USDA loan , we have not made payments in one year . they have taken our tax refund , is there any way to stop them

    we are unable to pay this loan we have six children . we assumed the loan from my husbands grandfather . we did not sign a promissory note . there is no judgment filed against us .

    Preston’s Answer

    The loan documents will govern the relationship between the lender andborrower. Generally, a lender my seek and judgment against the borrower and then garnish wages/accounts as a result of that judgment. They would not be allowed to garnish from a non-borrower. I think there is more to this story. I recommend you talk with an attorney about your situation and be prepared to show them the USDA loan documents.

    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.

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  • Can I be evicted for non-payment if I'm trying to settle a breach of a lease-to-purchase contract with the owner legally?

    The owner and I had a lease-to-purchase agreement and I had the option to buy the property in September 2012. He reneged on our agreement so I ceased making lease payments on the property effective January 2013 in order to force him to settle wit...

    Preston’s Answer

    The Lease will govern the relationship between the landlord and tenant. Florida Chapter 83 provides for this scenario. If the landlord breached your agreement by failing to move forward with the purchase of the property, then you can seek speciffic performance to force the sale. During this time, the landlord will have difficulty evicting you for non-payment of rent. 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 information in this response without seeking legal advice. Preston H. Oughton poughton@oughtonlaw.com (904) 854-6336.

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  • How long is a judgement enforcible in Florida? How many years

    35k credit card judgement awarded. 06/2003

    Preston’s Answer

    I agree. A judgment can be valid for up to 20 years.

    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.

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  • Is it legal in Florida for my landlord to increase my rent by 16% because he had to replace the air conditioning unit?

    I have lived here for 2 and 1/2 years at the same rent amount, on a month to month lease. The day that the new a/c unit was installed, a letter was sent to me notifying me of the 16% rent increase giving me less than 30 days notice. Not to menti...

    Preston’s Answer

    I agree with my colleague. A Lease will govern the relationship between the landlord and tenant. Most month-to-month lease agreements allow the landlord to increase the rent with proper notice.

    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.

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  • Tax implications of foreclosed rental property where my name is on the deed (quit claim during divorce) but not on mortgage?

    My ex-wife purchased property for rental/investment purposes prior to our marriage. During our divorce, she quit claimed the property to me, but the mortgage remained in her name solely. She declared bankruptcy a few years later, and the propert...

    Preston’s Answer

    I agree with my colleagues. Avoid the tax audit.

    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.

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  • My boyfriend & I have lived in this efficiency for 10 years need answers.

    For 10 years, my boyfriend has paid every Friday rent. Now we are finding out the house is in foreclosure. We have no binding agreement it was all done on a handshake. Do we still have to pay rent to the landlord even though it's in foreclosure ...

    Preston’s Answer

    The Lease will govern the relationship between the landlord and tenant. Most lease agreements will outline what happens when the landlord is in breach. Generally, the Florida statutes provide rules when no lease exists. 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 information in this response without seeking legal advice. Preston H. Oughton poughton@oughtonlaw.com (904) 854-6336.

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  • In condo by laws it says,no unit owner shall make or permit any disturbing noises in the bldg by any person

    Etc,that will interfere with the rights,comforts ...of the unit owners.no unit owner shall play upon or suffer to be played upon, or suffer to be played upon,any musical instrument or operate or suffer to be operated a television,radios etc...

    Preston’s Answer

    The Covenants and Restrictions will govern the relationship between the association and unit owners. Generally, unit owners must obey city ordinances regarding noises, but the Covenants and Restictions may have more stringent rules about noise. 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 information in this response without seeking legal advice. Preston H. Oughton poughton@oughtonlaw.com (904) 854-6336.

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  • Can my ex wife bill me for the repairs she has done to my home? She never consulted with me nor asked to do this things.

    I had allowed my ex to cont. to pay the mortgage & move in to the home(11/2009)she later moved out got married and moved to Miami & wanted to keep the home as a vacation home.She made repairs,put new tile floors,wood floors, new granite co...

    Preston’s Answer

    You have numerous issuues. Seek advice from a family law attorney.

    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.

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  • How do I take Landlord to court, without lawyer (I'm on disability). Landlord has not made improvements to house.

    House in disrepair (93 yrs old). No heat, temp inside on cold nights 49 degrees. Windows are original to house. Some windows open with force, others slam down and must be propped up. No extermination, termites eating all wood around windows an...

    Preston’s Answer

    The Lease will govern the relationship between the landlord and tenant. Most lease agreements will outline what repairs the landlord is responsible for making and what happens when the landlord does not make those repairs. Generally, landlords are require make repairs requested by the tenant, but those requests must be made in writing. I recommend you make a written request and then talk with an attorney about your situation if the landlord still does not comply. If you cannot afford an attorney, then you should seek out the local legal aide in your community. If you are indigent, then they have resources that can help you.

    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.

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  • What is Foreclosure Mediation?

    Is foreclosure mediation something like modification? And does the bank pay for the service, and is it really worth it if your home is upside down? Thanks for your time.

    Preston’s Answer

    A mediation is sometimes requried in litigation before the case can move forward towards trial. Both parties typically share the cost of mediation. Mediation can be helpful if the parties truly want to settle the matter without having a court decide it for them. Foreclosure mediation has not been overly successful in my experience because the lender either 1) wants the borrower to catch up the payments and the borrower does not have the funds or 2) re-requests documents for a loan modification that my clients have already submitted.

    A loan modification is not your only option in a mortgage foreclosure. I recommend speaking with a local foreclosure attorney about all the options available to you that do not result in the foreclosure of the home.

    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.

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