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Questions Answered by Derek John Soltis
1 Answer | Asked in Employment Discrimination and Employment Law for New York on
Q: Can you be denied promotion for being "unrated" on evaluation because of medical condition which didn't effect work

Limited duty medical assignment cost me promotion even though all my assigned tasks were completed without being effected by medical condition. Work For NYC Sanitation. Passed over for promotion due to being on limited duty assignment (no driving) even though my assigned position doesn't... Read more »

Derek John Soltis
Derek John Soltis answered on Apr 13, 2021

You really should speak with an employment attorney. It sounds like you may have a claim.

1 Answer | Asked in Foreclosure and Real Estate Law for New Jersey on
Q: How can I help my parents avoid foreclosure if one party refuses to cooperate & has caused liens against the property?

My father tricked/intimidated my mother into getting a 2nd mortgage in her name alone. They are both on the deed. He had the bills go to him at another location then stopped paying. He refused to agree to any solutions (sell, refinance, etc) & has liens against him on the home. He won't... Read more »

Derek John Soltis
Derek John Soltis answered on Apr 12, 2021

Hello,

Your mother should reach out to an attorney that would work with her. She may have options, but trying to tell you to tell her what they are based on the little information you provided is not likely to be helpful.

1 Answer | Asked in Probate for New Jersey on
Q: I live in NJ & my deceased father lived in puerto-Rico. Do I find a probate lawyer in my state or his?
Derek John Soltis
Derek John Soltis answered on Apr 7, 2021

His state. Does he have anything to be probated in NJ or PR for that matter?

1 Answer | Asked in Foreclosure for New York on
Q: My father complied the notice of pendency out of court with the buyer but the buyer has refused to release

Notice of pendency we are extended extensions to sell the house to them we have only received from them loan applications and not the commitment letter from the bank I'm really lost and I don't no longer know what to do is stating on real estate sites that it is pending sale but it is... Read more »

Derek John Soltis
Derek John Soltis answered on Apr 7, 2021

It sounds like you should call an attorney who does real transactions for properties in foreclosure for a free consultation. Instead of trying to do everything yourself, it may be work checking with someone that you are not being ripped off.

1 Answer | Asked in Foreclosure for New York on
Q: What will happen to my father's house since he did not answer the summons of notice of pendency will he lose his house
Derek John Soltis
Derek John Soltis answered on Apr 6, 2021

It sounds like he is in a foreclosure matter based on a notice of pendency. If he does nothing, eventually he will lose the house. If he starts replying or looking at loan modification, he can save his home. He just needs to start taking action.

2 Answers | Asked in Probate for New Jersey on
Q: Is 50 interrogatories normal in will dispute?

My dad left me the house, I cared for him 24/7 for 400 days. My siblings all own their own homes and never visited or came to funeral, but want the house. The house has a lean that I was paying

Derek John Soltis
Derek John Soltis answered on Apr 5, 2021

I am sorry to hear about your loss.

So, 50 interrogatories can be high or low based on the case and what is being asked and why. Have one case where over 60 medical subpoenas are going out based on things that happened and multi years of multiple doctors. The interrogatories varied from...
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1 Answer | Asked in Probate for New Jersey on
Q: When calculating executor commission, do you count only probate assets or also non probate assets with designated benef?
Derek John Soltis
Derek John Soltis answered on Mar 29, 2021

Tricky question. The key phrase if you dig into the law is "taken in by the executor." A non-probate asset may end up in the executor's hands. So a non-probate asset designated in a poor way may have to be probated. (Example: 401k beneficiary names a dead sibling. No secondary... Read more »

3 Answers | Asked in Bankruptcy, Business Law and Real Estate Law for New Jersey on
Q: If you personally guarantee a business loan and file bankruptcy, can the bank go after your house/primary residence?

I opened the doors to my s-corp in 2020 and due to covid I may have to file for bankruptcy. I have a great opportunity to buy a house now and don't know if the bank will go after my house for collateral. Should I wait to see what the business does or is it safe to buy a house prior to a... Read more »

Derek John Soltis
Derek John Soltis answered on Mar 29, 2021

If you are a personal guarantor, any judgment against you could attach to your home. So, if you file for bankruptcy first, buying a house would most likely be more difficult, but if you buy a home are sued, and the other side wins it could attach to your home as a lien.

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4 Answers | Asked in Bankruptcy for New Jersey on
Q: My sister just lost her husband to COVID. Her husband left her with $100,000 in credit card debt.

They own a home with a mortgage of about $300,000. He owns another home with a mortgage of about 150,000. She’s not working, she’s a retired nurse. Can she claim bankruptcy?

Derek John Soltis
Derek John Soltis answered on Mar 24, 2021

She would have to provide her documents to a bankruptcy attorney to get the best answer. She most likely could file a chapter 13 to protect the assets which is a repayment plan over 3 to 5 years based on her income. She may even be able to file a chapter 7 to wipe out the excessive debt and still... Read more »

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2 Answers | Asked in Employment Law and Employment Discrimination for New York on
Q: I think I’m about to be discriminated against because of my age. What can I do?

I am 50 and I just got my EMT certification (NYS) I had an interview yesterday. They asked if I ever had any moving violations and I said never. He then asked when I started driving and I said when I was 16. That should’ve been the end of his questions but then he went on to ask me how long... Read more »

Derek John Soltis
Derek John Soltis answered on Mar 10, 2021

If you are not offered the position, reach out to an employment lawyer. If you are offered the job, then just make sure to continue to document anything that appears like it could be used against you or the people you work with. When one class is discriminated against, there tends to be a pattern... Read more »

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3 Answers | Asked in Bankruptcy for New York on
Q: once a motion for bankruptcy is approved and finalized by a bankruptcy court, can a creditor still come after assets?
Derek John Soltis
Derek John Soltis answered on Feb 23, 2021

It depends. For instance, if you have a chapter 13 and you do not make your mortgage payments the bank can ask to lift the automatic stay. And if the stay is lifted they can go after the house.

If you file a chapter 7 and own a car, and stop making payments the creditor can ask for the...
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5 Answers | Asked in Bankruptcy for New York on
Q: Am I entitled to any of the remaining balance of my house after it sold after my bankruptcy?

I claimed bankruptcy many years ago. I keep getting a notification of an outstanding balance with Caliber Home Loans. The house sold in 2017 for over $40,000 more than what I owed on the house. I am wondering if I am entitled to any of this at all.

Derek John Soltis
Derek John Soltis answered on Feb 15, 2021

Yes, excess funds above and beyond all of the fees for the foreclosure and sale go to the homeowner.

The court has to be petitioned for the fees. If you need help, reach out to an attorney in the state that the home sold.

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4 Answers | Asked in Bankruptcy for New Jersey on
Q: Must you file a motion to obtain court approval to sell this property?

Debtor recently filed a chapter 13 and the plan has been confirmed. There is a property owned by the debtor with the ex-wife that the ex-wife is now fully responsible for, per the divorce agreement, but the debtor's name was never removed from the title. Now ex-wife is looking to sell that... Read more »

Derek John Soltis
Derek John Soltis answered on Feb 11, 2021

Need court approval to sell, hire the realtor, hire the closing attorney, and amend the schedules.

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2 Answers | Asked in Employment Discrimination and Employment Law for New York on
Q: If I filed an 2 eeo complaints against my employer in the past, they denied my entry in a program, is this retaliation?

The program is for promotional growth and advance. Higher pay and higher position. I was accepted and then taken out of the program. I have not received any disciplinary charges still and that's why they saying I was removed from the promotional opportunity.

Derek John Soltis
Derek John Soltis answered on Feb 11, 2021

You should speak with an Employment lawyer. It does sound like you have a cause of action against them, but you really should go over your options with a lawyer.

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1 Answer | Asked in Real Estate Law for New York on
Q: How to obtain a copy of HOI and PIF invoice when buying a home? We are using a VA loan

Our appraisal came in good, and the mortgage bank is requiring us to provide a copy of the HOI and PIF invoice. Can someone elaborate further on what this is and where to obtain these documents?

Derek John Soltis
Derek John Soltis answered on Feb 4, 2021

HOI is Home Owners Insurance. PIF could be paid in full. It sounds like they are asking for you to provide an invoice showing that your homeowner's insurance is paid in full. The simplest way to verify is to ask the bank to explain the acronyms to be sure.

2 Answers | Asked in Landlord - Tenant for New Jersey on
Q: If I sell a property to my son for $1 to kick out a squatting, non-paying tenant, will this work?

I have a tenant in NJ who will NOT pay rent and knows he can get away with it for the time being due to covid.

Since his lease is month to month, am I able to sell the house to my son, and have the police forcefully remove him after a 2 week notice? I understand there MUST be a reasonable... Read more »

Derek John Soltis
Derek John Soltis answered on Feb 3, 2021

No. That doesn't work. You still have to go to court. Your son could evict once he owns the property saying that he owns it and wants to live in an apartment. This is not a compelling argument for most judges at this time.

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2 Answers | Asked in Real Estate Law and Landlord - Tenant for New Jersey on
Q: I live in an apartment that I suspect is illegal. How do I find out if it is?

I live on the top floor of a 2 story house. Downstairs is a couple who are also renting. Landlord is a combat vet and uses it to get some kind of discount, not sure how it works. Landlord insists on cash rent, saying he needs to "keep my footprint low." Last tenant left under very odd... Read more »

Derek John Soltis
Derek John Soltis answered on Jan 25, 2021

You can look up the zoning of the house or contact the city. If the house is set up with multiple electric and gas meters I would bet on the house being set up as a multi family.

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2 Answers | Asked in Gov & Administrative Law and Landlord - Tenant for New Jersey on
Q: I have a tentant owes 4 mths rent many times he uses the jobs checks not cleared yet and; I now when I state it doesn’t

Look like you can afford $550 a month I need the room back; he is using COVID-19 law as an excuse. And I never mentioned eviction or filed one What can I do? I real want him out mainly because of the smoking that was clearly stated on the agreement not to do. Do we as landlord have any rights with... Read more »

Derek John Soltis
Derek John Soltis answered on Jan 7, 2021

You can evict for other reasons not related to non-payment of rent. It gets to be a bit more complicated, but it can be done.

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1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: Living in motel for 4 months. Same room. Do they have to take us to court to evict us if we are late with rent.

Lost my job I may be late paying the next week

Derek John Soltis
Derek John Soltis answered on Jan 4, 2021

Yes they have to take you to court. Read the below article.

https://www.wnyc.org/story/nj-extends-lockout-protections-people-living-hotels/

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