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Preston Hall Oughton

Preston Oughton’s Answers

137 total


  • Association taken title to condo unit

    Florida statute 718.116(2) make it ambiguous and not so clear at least for me. If the associations takes title of a condo unit do they own all the debt accumulated before or after taking title? does the law treat them as any purchaser. It is not...

    Preston’s Answer

    The mortgage governs the relationship between the Lender and Borrower. A condo foreclosing on a unit only effects title to the property and the associations title, through foreclosure, is inferior to the lien held by the bank through the mortgage. As a result, the borrower must still make mortgage payments or the Lender will foreclose on the property and take title from everyone, including the condo association.

    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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  • House in Florida is in Foreclosure and owner listed for Short Sale after Final Judgment - what are our rights?

    Just signed a 2nd lease 2/1/12 for 1 year. Owner has continued to deny foreclosure was in process. Sale date was set for 5/25/12 - appears to have been postponed. Just listed for short sale on 5/18. Owner is offering us reduced rent, but what happ...

    Preston’s Answer

    I agree with Ms. Graham. A Lease governs the relationship between the Landlord and Tenant. The existing Lease will show the term and any subsequent owner of the property can honor that lease agreement.

    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 should I transfer existing leases to my name after buying a multifamily real estate property?

    I bought a duplex in Florida that is occupied by two tenants. Do I need to change or rewrite the existing leases to recognize me as the new landlord?

    Preston’s Answer

    A Lease governs the relationship between the Landlord and Tenant. The existing Lease will show the terms the prior property owner had with his tenants. The tenants might be able to remain under this lease, but you should consult with an attorney to review the lease and provide the most favorable terms to you moving forward.

    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 happens to pre-paid rent after a foreclosure?

    Our rent is paid in 4 month installments 3 times a year under a lease we believe is protected under the PTFA. Rent was paid shortly before we discovered the foreclosure sale, so 3 months is pre- paid under the lease. Do we have to pay rent again...

    Preston’s Answer

    The Lease and PTFA will govern the relationship between the parties. If rent is owed to tenant for time lost in possession, then the landlord can be held liabile.

    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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  • Does personal rep who is only beneficiary in will have to open a probate case if deceased only owned clothes and cc bill in FL?

    As stated in question, deceased's personal representative and beneficiary is the only one named in the will. Deceased also had a life insurance policy in which the aforementioned personal rep and her sibling were the only two beneficiaries. Dece...

    Preston’s Answer

    You should consider filing a Disposition without Summary Administration. Call the Clerk of Court in the County in which the decedent passed away. The life insurance policy will likely not be part of the estate since the decendent selected beneficiaries.

    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 an HOA and their attorney be sued for FDCPA violations?

    I was sued by my HOA for non payment whIle in the middle of a deed in lieu and they attempted to foreclose.. Both the Bank and I completed the deal to include full and final payment to the HOA to release the lien. The HOA continued the foreclosure...

    Preston’s Answer

    Any debt collector can be held accountable for violations under the FDCPA. The definition of a debt collector under the FDCPA clearly defines the collector of a debt. You should contact an attorney regarding this matter.

    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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  • Landlord harassing and making threats.

    Recently our landlord and some other tenants (who were our friends) had a misunderstanding and the friends moved out. We helped them move and ever since the landlord has been harassing us and picking on things he never had an issue with before. En...

    Preston’s Answer

    The Lease will govern the relationship between the landlord and tenant. Most lease agreements will outline the relationship between you and your landlord. Generally, landlords are not allowed to harrass their tenants. False reports to the police and DCF can lead to fines. I recommend you talk with an attorney about your situation because your situation escalates with the landlord again.

    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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  • I have lived in the apartment for 7 years and now am looking to move.

    They did a pre inspection and the gentleman made comments about urine stains on carpet (which I steamclean on a regular basis) and cracks and pieces of plaster missing off of corners of walls. What is wear and tear and where can I find this info...

    Preston’s Answer

    The lease will govern the relationship between the landlord and tenant. If "wear and tear" is not defined in the lease and the parties can not come to an understanding, then this issue may need to be litigated. If there is a security deposit being withheld, then contact an attorney to discuss your options.

    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 can i do here?

    My roommate told me on May 1, 2012 that she will be moving out and vacating the premises on July 1, 2012 due to an unexpected pregnancy. She is on the lease until Dec 1, 2012. She believes that between May 1- July 1, that will give me enough time ...

    Preston’s Answer

    The Lease will govern the relationship between the landlord and tenant. If you both signed the lease, then you are both responsible for the rent. If she does not pay her portion, then you will need to pay it for her to avoid an eviction. You can pursue her for what you paid, but I would talk to the landlord before bringing in another tenant to replace your current roomate because your landlord may want to enter into a new lease with the new tenant.

    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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  • I got married 2 yeats ago my husbands had a house befor we got married he lost the do to hard times now can the bank come affter

    if my husband had a house befor we ot married and it in foreclosure not under my name can the mortgage com come after me

    Preston’s Answer

    The Promissory Note and Mortgage will govern the relationship between the lender and borrower. If you did not sign either document, then you are not a part of that loan. Your assets will be protected from collection should a foreclosure sale occur. A foreclosure is a final judgment that is recorded in public records and the lender can seek a deficiency judgment against your husbands assets. Your husband should seek legal advice for the foreclosure because there are better options than just letting the house get foreclosed on.

    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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