Preston Hall Oughton’s Answers

Preston Hall Oughton

Jacksonville Estate Planning Attorney.

Contributor Level 11
  1. I would like to lower a writ for garnishing my wages since I can not afford the 25% each paycheck.

    Answered about 2 years ago.

    1. Shawn Michael Packer
    2. Preston Hall Oughton
    2 lawyer answers

    Generally, your declaration of 1/2 of support for household and less than $750 per paycheck will provide you the relief you seek. 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...

  2. My landlord told me after living here for months that Cholera was in my water. i want to move but he won't give the dep back.

    Answered about 2 years ago.

    1. Aaron James Irving
    2. Rebecca Clayton Lavie
    3. Preston Hall Oughton
    3 lawyer answers

    I agree with my colleagues. Talk to an attorney about the termination of the lease and reimbursement of your resulting medical conditions. I would also strongly advise you to stop using the water in your home. Your body absorbs almost 2/3 of the water from showers and baths, so just not drinking the water may not fix your medical condition. 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...

  3. I live in Florida. I had my home refinanced 5 years ago. It was one of those pick a payment loans. I was PRN on my job, but

    Answered about 2 years ago.

    1. Jeff Tomberg
    2. Preston Hall Oughton
    2 lawyer answers

    The Mortgage will govern the relationship between the lender and borrower. Mortgages will outline the interest rate and when interest rates will increase. Generally, borrowers are stuck with the mortgages they sign, execpt when the lender engaged in predatory lender practices or fraud to convince the borrower to take out the loan. I recommend you talk with an attorney about the value of your property and perform a investigation of your mortgage for these predatory lending practices. There are...

  4. Can I buy my own home through a short sale?

    Answered about 2 years ago.

    1. Aaron James Irving
    2. Preston Hall Oughton
    2 lawyer answers

    Generally, the answer is no because the purchaser of the short sale cannot also be the seller (arms-length transaction). Who was your divorce attorney? You should look at your final judgment about spousal obligations to pay the mortgage. Property settlements in a final divorce decree are non-modifiable and can be enforceable through civil contempt proceedings. I recommend contacting your divorce attorney to review your final divorce decree and discussing your options. If you do not have a...

  5. I did my own claim for judgment$5,000, is the lien the only course of action to recvoer my loss?

    Answered about 2 years ago.

    1. Aaron James Irving
    2. Preston Hall Oughton
    3. Mitchell Paul Goldstein
    3 lawyer answers

    Florida law governs the collection of a final judgment entered by the Court. Garnishment and levying assets may be you best remedies. A lien may not. Lien law in Florida is very specific and you should consult with an attorney before ever filing a lien against property for any reason. 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,...

  6. If a law firm had a registered letter delivered to me the day after I made good to billed owed can they hold me to legal fees?

    Answered about 2 years ago.

    1. Barbara Billiot Stage
    2. Preston Hall Oughton
    3. Peggy Margaret Raddatz
    3 lawyer answers

    Your contract will govern whether the costs of colleciton (including attorney fees) are proper. In Florida, attorney's fees are proper by either contract or statute. I advise you to speak with an attorney before deciding to pay or not those fees. During your consultation, provide a copy of the contract, so the attorney can help you make the right decision. This response does not create an attorney-client relationship. Unless you are already a client of the Law Office of Preston H. Oughton,...

  7. What are the FL laws for collecting rent on a home your on short selling?

    Answered about 2 years ago.

    1. Marshall C Deason Jr.
    2. Ray Garcia
    3. Preston Hall Oughton
    3 lawyer answers

    While the mortgage governs the relationship between the lender and borrower, so does the lease agreement. If you have both, then you are obligated to the terms of both, but so are the lender and tenant. If your economic hardship caused you to stop paying on a mortgage, then you are still entitled to the rents collected until the lender requests an assignment of rents from the tenant. Until this happens, collect the rent and take the emotion out of the process by looking at the collection of...

  8. Can I be evicted from a residence if I am a resident there and was told I could stay for as long as I want in the house.

    Answered about 2 years ago.

    1. Stephen Brian Bull
    2. Preston Hall Oughton
    2 lawyer answers

    Yes. She can evict you even if you do not have a lease. Eviction is a judicial process in Florida and it sounds like your landlord is taking the proper steps to have you removed from the property. I recommend you seek a local attorney to help with the eviction. 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...

  9. Do we own our home free and clear once awarded a quite title in a judges summary judgment? He also cancelled the mortgage.

    Answered about 2 years ago.

    1. Margery Ellen Golant
    2. Royce Brent Bishop
    3. Preston Hall Oughton
    3 lawyer answers

    Have a conversation with the attorney who handled the partnership and trust. They will have the information you need to determine whether quiet title conferred title into your name. 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...

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

    Answered about 2 years ago.

    1. Carol Lynne Zimmerly
    2. Preston Hall Oughton
    3. Ray Garcia
    3 lawyer answers

    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...

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