Questions Answered by Derek John Soltis

Q: If a house was sold in January due to a foreclosure is the current landlord entitled to rent after January?

2 Answers | Asked in Foreclosure and Landlord - Tenant for New York on
Answered on Apr 17, 2019
Derek John Soltis' answer
Until the house is actually auctioned the old landlord is entitled to rent. Once the house is sold, then whoever buys the house will become your new landlord.

At that point, you will be a month-to-month tenant with them until you are offered a new lease or something else occurs.

The bank may also buy the property back at auction and you could end up in landlord limbo until the bank either sells the property or asks you for rent.

Just remember you have rights....

Q: Can an employer make you sign an agreement that you won’t quit before x number of years? Is it legally binding?

1 Answer | Asked in Employment Law for New York on
Answered on Apr 1, 2019
Derek John Soltis' answer
No, it is not legally enforceable. If you want to discuss why someone would ask you to sign that talk with an attorney.

Q: Trying to get a emergency stay on my home i lost to foreclosure. I have a 15 year old daughter with Autism and injured

2 Answers | Asked in Foreclosure for New Jersey on
Answered on Mar 29, 2019
Derek John Soltis' answer
Is a sheriff sale scheduled? Did the home already sell and how long ago?

You need to speak to a foreclosure lawyer to go over your options. Waiting for answers online that cannot give you specifics is not going to help if your time is limited.

Q: Is there a status of limitation on foreclosuring on a property

3 Answers | Asked in Foreclosure for New York on
Answered on Feb 21, 2019
Derek John Soltis' answer
I am working on cases that stated back in 2008. The auction will probably take place in a couple of months. So, almost 12 years without paying a mortgage, and the case will finally be complete. So, once started things can drag on.

If the case is dismissed along the way, then the bank may be barred from bringing the case again if they are beyond the statute of limitations and do not timely bring the new suit.

Q: Candidate failed background check on batt charge. His lawyer is saying we still have to hire him per New York law?

2 Answers | Asked in Employment Law for New York on
Answered on Feb 18, 2019
Derek John Soltis' answer
You need to talk to a New York attorney familiar with New York hiring practices. Depending on the position and duties, you may not have to hire the person.

Q: If I know foreclosure is a possibility but hasn't happened yet; so can I just transfer the title of my house to my kids?

3 Answers | Asked in Foreclosure for New York on
Answered on Dec 11, 2018
Derek John Soltis' answer
You can always transfer the property to whomever you like, but they take it subject to the mortgage.

You have options prior to the bank foreclosing. You should talk with an attorney to go over all of your options to see what makes the most sense for your family.

Q: Do I have to provide my LES to my civilian employer after each drill?

2 Answers | Asked in Employment Law and Military Law for New York on
Answered on Nov 27, 2018
Derek John Soltis' answer
Sometimes you just go along to get along. When you say "....now my employer wants my LES." It may be someone new in HR that has no clue as to what is needed, but they used to this at their old company, or it may be that they now were given a directive from above by someone else that read something someplace and now they want to do it this way.

I suggest talking to the person asking for your LES. Ask them what it takes to make his or her life easier and yours as well as you are part of...

Q: Can a board member forclosure on shareholder if they are late on maintenance a couple of times?

3 Answers | Asked in Foreclosure and Real Estate Law for New York on
Answered on Nov 24, 2018
Derek John Soltis' answer
It is possible to foreclose. I doubt anyone is going to foreclose on someone being late 2 times. The paperwork for your building will list the rules and regulations that govern your building. Without being able to review those, you are asking for the general rule of law that may or may not apply to you.

Q: Do I have to file a response to my foreclosure summons if I am in the process of a home modification?

2 Answers | Asked in Foreclosure for New Jersey on
Answered on Nov 23, 2018
Derek John Soltis' answer
I suggest you have someone review your loan modification numbers to go over the probability of you being accepted for a loan modification.

For instance if you had a 3.75% loan and the bank is now offering 5% loans there is a good chance you will be denied a loan modification as your payments would increase and make the loan more difficult to pay back.

Talk to an attorney to go over all of your options before you decided to do anything or not do something. Be informed of your...

Q: Looking for attorney in New Jersey who has experience recovering surplus funds from sheriff/foreclosure sales. Help?

1 Answer | Asked in Foreclosure and Real Estate Law for New Jersey on
Answered on Nov 20, 2018
Derek John Soltis' answer
If you contact any attorney in NJ that handles Foreclosure defense they will be able to handle these types of issues.

Q: can something be done about stopping criminals from evicting me from my house I am also disabled is this fair ?

2 Answers | Asked in Civil Rights, Federal Crimes, Personal Injury and Wrongful Death for New York on
Answered on Oct 24, 2018
Derek John Soltis' answer
You need to speak with an attorney. Your story is heartbreaking, but without reviewing the legal documents and the court decisions it is impossible to put together a strategy for you.

Q: NY: In foreclosure past 5 years represented by council on per diem basis.

3 Answers | Asked in Foreclosure for New York on
Answered on Oct 19, 2018
Derek John Soltis' answer
There is no longer any laws that mandate a bank give loan modifications except under FHA loans, and even then there are tight deadlines. You should contact Shellpoint about a loan modification, while pointing out you were waiting for an answer on your appeal.

Q: I have a sheriff sale in four weeks. I want to move now! Can I shut off utilities and water and move on with my life!

2 Answers | Asked in Foreclosure for New Jersey on
Answered on Sep 28, 2018
Derek John Soltis' answer
Even if your home sells at a sheriff sale, you are not evicted the next day. If the bank buys the property back at auction, you may have 1/2 a year or more.... Or 30 days. It really comes down to what actually happens.

You can also ask the sheriff to move your sale date back 28 days.

Instead of just giving up, talk to an attorney to go over all of your options, make a plan, and reduce the stress in your life.

Q: Does hiring a foreclosure lawyer allow you to stay in your home longer?

1 Answer | Asked in Foreclosure for New York on
Answered on Sep 14, 2018
Derek John Soltis' answer
Hiring an attorney that knows how to defend a foreclosure lawsuit and all of the other options available will normally get you more time than if someone files an answer themselves.

If you want to go over all of your options or have an attorney review your case, you need to reach out to an attorney. Not every attorney understands foreclosure, so make sure to find someone with experience.

Q: Hi, Standing? the lender sold the mortgage note 2x's mid litigation

2 Answers | Asked in Foreclosure for New York on
Answered on Sep 4, 2018
Derek John Soltis' answer
One lender can take the place of another. Was the case ever dismissed along the lines? You may have other defenses that you are not aware of. Have an attorney review your complete case.

Q: Can I sue Landlord and management of development I live in for violating rights and for petty bouts of retaliation

1 Answer | Asked in Civil Rights and Landlord - Tenant for New York on
Answered on Jul 20, 2018
Derek John Soltis' answer
The simple answer is YES. You can sue any one for anything you want. But, the real question or questions are: Will you win? Or, can you afford to sue? If you are suing for less than $5000 in damages, what attorney will take your case? The sad think about the American court system is that most people are priced out from suing when the damages are small as they are forced to do it themselves, which can make the process untenable. You should talk to legal aid if you cannot find an attorney to...

Q: Is there anything my daughter can do if she now has the

2 Answers | Asked in Foreclosure for New York on
Answered on Jul 20, 2018
Derek John Soltis' answer
Talk to an attorney. Go over all of your options. Depending on your equity in your home you have different options.

Many attorneys will not charge you for a consultation. Talk to address many as you can. Develop a plan.

Q: No I am not keeping home or I would have contacted an attorney a while ago.

2 Answers | Asked in Foreclosure for New Jersey on
Answered on Jul 19, 2018
Derek John Soltis' answer
The timeline varies depending on who gets the home and how agressive they are about evicting you from the property.

If the bank buys the home back, you may be in the property until they sell it which could be months. Or, it may be bought a someone who wants to make it their home and they will move as fast as possible to get you out. They cannot get a deed until 10 days after the auction, and then they would have to move to have you removed through the courts.

So until there...

Q: I fell behind on my mortgage payments, and my lender wants to foreclose !

3 Answers | Asked in Bankruptcy and Foreclosure for New Jersey on
Answered on Jul 13, 2018
Derek John Soltis' answer
If you are at the start of your chapter 13,apply for loss mitigation. If you have the income most banks rather get paid than foreclose. There are also people that will try to buy your note from the bank if you know where to look.

Q: Can I do something to get my job to pay me my last check or do i take a loss?

2 Answers | Asked in Employment Law for New York on
Answered on Jul 11, 2018
Derek John Soltis' answer
You should talk to an attorney. The amount of variables around your question cannot easily be addressed in a public forum.

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