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Douglas A Kincaid

Douglas Kincaid’s Answers

89 total


  • Does taking out loans on a property change ownership rights?

    Douglas’s Answer

    • Selected as best answer

    What the other attorneys said about this is exactly right. The basic rule is that the title passes with the deed and how loans were made on the property don't control the ownership. However, the ultimate result could go many different ways depending on issues of estate planning, probate, and the legal status of your father's marriage at his passing. You may even have rights under landlord tenant statutes. You should contact an attorney for at least an initial consultation to determine what rights apply in your situation. The Oregon State Bar has a lawyer referral service at 800-452-7636 that can help you find a lawyer local to you with expertise in these matters.

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  • How much can my ex-roommate sue me for, if I move out before the lease is over?

    Douglas’s Answer

    The other attorney answers assume that it is the landlord suing you. If that is the case, then they are correct that the landlord could pursue either or both co-renters to the lease to recover the remaining amount of the lease. What the landlord can recover may be limited in a number of possible ways by Oregon's landlord tenant statutes. The Oregon landlord tenant laws are, in my opinion, quite tenant favoring and even the most scrupulous landlord can often be tripped up by one or more available tenant or consumer protection defenses.

    If, on the other hand, it is your roommate that is suing you, it is a more complicated matter. With the right defenses, you could end up owing nothing. Determining the defenses available to you is very fact specific and would require a lot more detail about your situation to answer.

    The timeline for small claims cases is very short and there are very limited options for appeal or re-hearing if you miss deadlines or lose at the small claims hearing. I recommend contacting an attorney in your town immediately to make sure you get the best chance of defeating this suit.

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  • Can our neighbor demand we replace plants on our property that were planted by the prior neighbor?

    Douglas’s Answer

    Mr. Gilbert's answer is most likely correct. There are a number of obscure and rare situations where the neighboring owner could have gained an easement or other legal right regarding part of your property even without a contract. However, I wouldn't waste time worrying about one of these things until you see an actual litigation threat from your neighbor. That being said, sometimes it is worth it to reach some kind of compromise with your neighbor, so that you don't have to keep fighting with them all the time.

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  • How can I accept an inheritence placed in a trust without losing my SSDI and other benefits?

    Douglas’s Answer

    It is sometimes possible for these kind of assets to be directed to a special needs trust for your benefit, so that you don't lose public benefits. A number of factors have to align for it to work out, though. You need to find an attorney with expertise in Medicaid trusts and elder law. If the trust is set up successfully, it couldn't be used for anything you are getting SSDI for. Usually, it can't be used for housing, food, or medical care. You can use it for other, smaller expenses that help with quality of life.

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  • What to do ?

    Douglas’s Answer

    The state of Oregon's department of justice also has a hotline and website for reporting financial crimes. Making a local police report could also be helpful. The chance of the perpetrator getting caught is close to zero, but making the reports will help you stop the damage. You can use copies of a police report to help clear fraudulent accounts from your credit reports.

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  • I bought a car and the guy signed for trade and now he is saying someone forged his signature what can I do ?

    Douglas’s Answer

    The right answer in this situation would require knowing more details. If you bought the car in an arm's length transaction for a fair value, you are protected from fraudulent transfers that happened between previous owners. If the this was a transaction with a dealer, many consumer protection laws may apply to protect you. If this is just a case of someone trying to back out of a deal they already completed, many details of the transaction may be relevant to determine whether you face any legal liability.

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  • Do I need to rewind the loan and add the the correct amount or is the dealership bound by the contract signed?

    Douglas’s Answer

    The other attorney answer is correct in most cases. However, Oregon has a number of strong consumer protection provisions that could be applicable to your situation. Consulting with an attorney near you with some expertise in this area might reveal some options. At the very least, you might be able to get the dealership to agree to meet somewhere in the middle. The dealership probably doesn't want the headache and expense of having to sue you to get the contract corrected. They might be open to some kind of deal on the deal!

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  • My ex is not going to allow me any time to move out my belongings including a small machine shop cash value at least 125000 in?

    Douglas’s Answer

    The best way to handle your situation depends on the circumstances of your separation from your ex, the degree to which you can prove ownership of the disputed property, and the resources you have. You mention an order, if you have already been before the court in a divorce proceeding or restraining/protective order situation, going back to the court in that proceeding may be the right choice. If you've already been before the court, any kind of self help resolution would probably get you in worse trouble. Depending on the situation, a small claims complaint might also be a good way to go. I would suggest contacting the Oregon State Bar. They can refer you to an attorney in your area who can discuss your situation in more detail with you for only a small fee.

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  • Debt collector/buyer licensing requirement in Oregon?

    Douglas’s Answer

    Your question is not easy to answer in this forum because there are caveats and exceptions to every rule. For instance, a person who rarely collects debts may not be subject to the same licensing requirements of a firm that engages in collection every day. The identity of the collector and its type of business is important, but details of the debt and how collection has proceeded are also important.

    It is highly unlikely that the suit could be considered the unlawful practice of law.

    Stepping back from the specifics of your question, unless the debt collector has engaged in spectacularly illegal behavior, the only defense that you will ultimately succeed on are that you don't owe the debt for some reason. Defenses about licensing and collection practices generally only delay the inevitable unless the collector commits many violations. These defenses can also help you negotiate a lower settlement, but debtors don't win altogether on them too often.

    If you have already been served with a summons, you should also be aware that very important deadlines are fast approaching. Even if you plan to represent yourself, consulting with an attorney about all the details of the debt and collection process would probably pay off in making sure you have the best chance of success in this matter.

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  • I bought a 2003 Mitsubishi 2 months ago, today while I was cleaning it I seen 2 hose holding my steering column together

    Douglas’s Answer

    See the answers on the duplicate version of this question linked below:

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