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Questions Answered by Derek John Soltis
1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: My mother, brother and I are forcefully getting evicted, without any eviction notice from the actual landlord.

So the landlord has a family in charge of the second floor rooms, on March 10th 2020 the head of the floor told us to leave and we have 20 days. We currently have no options besides moving in with a friend. My question is if we can sue anyone for this, because we have had enough of the toxic people... Read more »

Derek John Soltis
Derek John Soltis answered on Mar 31, 2020

I sounds like your rights are being violated. If it is an illegal apartment, you may be able to get 6 months of rent to move. You need to talk with a land lord tenant attorney that handles tenant side matters to go over all of the facts of the situation and your options.

Courts are only...
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4 Answers | Asked in Bankruptcy, Foreclosure and Real Estate Law for New Jersey on
Q: My grandmother co-signed a house in NJ now it's in foreclosure. She is 84 lives in FL only social security. Advise?

The main signer filed chapter 13 last year. He fell behind now bankruptcy case is voided. He will get wages garnished. My concern is to protect my grandmother. With her living in florida I'm not sure where to start .

Derek John Soltis
Derek John Soltis answered on Mar 31, 2020

If the house is foreclosed, most of the time the bank takes the home. If it sells for less than it is worth, they may send a 1099-c form forgiving the debt which becomes taxable income unless the person fills out the right form on his or her taxes. Its rare that a bank sues for the delinquent... Read more »

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4 Answers | Asked in Bankruptcy for New York on
Q: Can i file for bankruptcy without losing my apartment or my ability to renew?

Hello. I am about to begin the process of filing for bankruptcy. My landlord has legal fees as well as maintainance fees on my rent statement which adds up to approx. $3000.00... i do not owe any money on my regular monthly rent . Maintenance charges are not on my lease. My landlord added those... Read more »

Derek John Soltis
Derek John Soltis answered on Mar 28, 2020

You have a very complicated question. Talk to an attorney for free. You have lots of wiggle room based on what you wrote.

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1 Answer | Asked in Estate Planning, Tax Law and Probate for New Jersey on
Q: At which point does an executor take their payment(s)? At the beginning, during or end?

My uncle withdrew his entire fee and now the estate account is empty with property taxes, home insurance and utilities overdue and is looking into selling the house. Is my uncle or myself(beneficiary living in the home) responsible for the bills? Also, is there estate tax and inheritance tax due in... Read more »

Derek John Soltis
Derek John Soltis answered on Mar 27, 2020

The fee should not be taken until the estate is settled. The house sounds like it is going to need to be sold to make the estate whole. The estate tax is based on who takes what and the relationship to the deceased. You are better off talking to a probate attorney to get direct answers to your... Read more »

2 Answers | Asked in Business Law, Education Law and Employment Law for New York on
Q: If I signed a contract from a school district to coach baseball and district closes b/c corona virus should I get paid

This is a contract for salary

not service. The school shut down the day of start of season

Derek John Soltis
Derek John Soltis answered on Mar 19, 2020

You should read the contract. If it was well written there would be a force de majure clause. The clause let's parties out of the contract for events beyond their control.

The clause may not be in there, and there maybe clauses in your favor, but without reading the contract no real...
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1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: Do I have to pay late fees to landlord if it’s not listed on the lease agreement as “additional rent” ?

My landlord is taking me to court for nonpayment of rent which I’m prepared to pay yet she is including $600 of late fees from some previous months. The paperwork for eviction says they must be listed in the lease agreement as “additional rent”, which it’s not. Just listed as “late fee”.

Derek John Soltis
Derek John Soltis answered on Mar 9, 2020

If you cannot make an arrangement with your landlord prior to the court date, make sure to point that out to the mediator and judge.

You should be able to avoid paying it as it is not listed as additional rent. Make sure to check all paragraphs on your lease.

4 Answers | Asked in Bankruptcy and Landlord - Tenant for New Jersey on
Q: Can contacting a lawyer to file bankruptcy stop an eviction if your landlord filed for non payment of rent?
Derek John Soltis
Derek John Soltis answered on Mar 8, 2020

Filing the bankruptcy slows down the eviction process. If the landlord knows what they are doing, they can get the automatic stay lifted.

If you are behind on your rent, you qualify for a grant to get you current. You can look to the United Way or Salvation Army for help.

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1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: Does a landlord have to give a notice to cease if he/she claims that tenant is habitually late with rent?
Derek John Soltis
Derek John Soltis answered on Mar 7, 2020

Yes. They are supposed to. About the only thing that doesn't need notice is non payment of rent.

1 Answer | Asked in Estate Planning for New Jersey on
Q: Father lives in NJ has a condo in PR owned free and clear he has a will and has disinherited (1) child from real estates

My father has (5) children in total (4) of which live outside PR He has properties in various places in the states and 1 condo owned free and clear in Puerto Rico.. His primary residence is and has always been outside of PR.. He has a will in place where he has given (3) of his children equal... Read more »

Derek John Soltis
Derek John Soltis answered on Mar 7, 2020

You need to have an attorney admitted in PR review the will. They are the only people that can tell you whether the will is going to do what you want it to.

Just because you say the will is set to do something, doesn't mean the will legally will stand up. My firm deals with wills all the...
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1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: I have an illegal basement that I cannot get C/O or convert into two-family homes although it's completely finished.

If I rent it to someone and down the road he/she will stop paying rent as agreed upon. Can I sue the tenant in a court of law? A friend of mine told me that the court is prohibited from helping me since it will appear as if the court is aiding me to continue to break the law since I am not allowed... Read more »

Derek John Soltis
Derek John Soltis answered on Mar 5, 2020

If you rent an illegal apartment, the tenant can get 6 months of rent from you. So, if you can move to evict and you could end up paying them 6-months rent.

We have had clients rent legal apartments to people, who then sublet an illegal apartment to someone else, and had to defend the...
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3 Answers | Asked in Bankruptcy for New Jersey on
Q: How do I submit a complaint to the NJ bar?
Derek John Soltis
Derek John Soltis answered on Mar 5, 2020

You can contact the Office of Attorney ethics. https://njcourts.gov/attorneys/oae.html

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4 Answers | Asked in Bankruptcy and Consumer Law for New York on
Q: My husband and I need to declare Bankruptcy but cannot afford to. Are there free programs to help us?
Derek John Soltis
Derek John Soltis answered on Mar 5, 2020

Upsolve.org helps people file for free if they meet the financial qualifications.

Otherwise there are tons of firms like mine, that allow for $0 down chapter 7 bankruptcy plans where you pay off the plan in a year. Basically, the chapter 7 wipes out all/most of your creditors, so that...
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5 Answers | Asked in Bankruptcy for New Jersey on
Q: What do I do if I paid a lawer for bankruptcy and they have done nothing, and refuse to answer call or emails?
Derek John Soltis
Derek John Soltis answered on Mar 5, 2020

You can file a fee arbitration with the NJ Attorney Board of Ethics. https://njcourts.gov/attorneys/oae.html

If you need to get the bankruptcy filed fast, reach out to another attorney to explain your need. A chapter 7 bankruptcy is fairly straight forward where you take a class, provide...
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4 Answers | Asked in Bankruptcy for New Jersey on
Q: Is money in an LLC shielded from a personal bankruptcy?

I have 50K invested in my sisters company which is an LLC. If I filed personal bankruptcy would that money be exempt ?

Derek John Soltis
Derek John Soltis answered on Mar 4, 2020

That could be looked on as a fraudulent transfer. You should talk to a bankruptcy attorney about when the transfer was made, and if there is anyway to recoup the money.

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6 Answers | Asked in Bankruptcy and Collections for New Jersey on
Q: Should a private student loan that went to collections have been discharged with a chapter 7 bankruptcy?

I filed for bankruptcy in August 2019 and received a discharge in November 2019. My lawyer stated that my student loans (I had 5 federal and 2 private which had long since gone to collections) would never get discharged so he didn't attempt to file for an adversary proceeding. I had two Sallie Mae... Read more »

Derek John Soltis
Derek John Soltis answered on Mar 2, 2020

You attorney could have filed to have your loans discharged. An attorney in New York just had his loans discharged... The bank is appealing, but student loans are able to be discharged if you fight and prove you cannot pay them back. See below.... Read more »

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2 Answers | Asked in Probate for New Jersey on
Q: Estate lawyer died, he was the only member of his law firm. Now what?

The will was contested and a judgment was rendered to be executed as soon as possible, but to date there has been no finalization of the will. It's been well over a year, so how do we get the judge's decision fully executed and by who? The estate lawyer is dead. The executor of the will isn't doing... Read more »

Derek John Soltis
Derek John Soltis answered on Feb 29, 2020

The simple answer is to hire another attorney to take over the matter

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1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: rights of survivor -ship deed, and tenant rights after one owner dies

if a home is owned in a rights of survivor ship fashion by parent and 1 child,then parent dies, leaving the property to survivor on deed:

does the surviving owner have to abide by a tenant/ landlord verbal agreement made by the parent owner that died? can the surviving owner force the... Read more »

Derek John Soltis
Derek John Soltis answered on Feb 23, 2020

Both the inheriting person and the tenant have rights. If the apartment is not being rented at market rent, there is good possibility you be able to evict your sibling. If you are planning to occupy the space, you have additional rights.

Some agreements may not be enforceable. You really...
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1 Answer | Asked in Foreclosure for New York on
Q: If I file suit against my lender while in foreclosure can the lender continue and sell the house at auction
Derek John Soltis
Derek John Soltis answered on Feb 21, 2020

If you file a bankruptcy, the automatic stay will stop the lender from selling your house as long as you are eligible. Just filing a regular lawsuit usually will not stop a foreclosure sale.

You really should talk with a foreclosure defense attorney to go over all of your options. Most...
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1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: can you be evicted from a apartment via text message
Derek John Soltis
Derek John Soltis answered on Feb 18, 2020

No, to he truly evicted requires more than a text message. To be evicted once you have established residency, requires a court order after a hearing and the sheriff locking you out of the property.

1 Answer | Asked in Estate Planning and Probate for New Jersey on
Q: Dad died intestate, NJ, No assets, debts. Cousin,NY,wills $$.His 3 heirs named to collect.Can spouse claim it all?

NJ intestate laws support spouse keeping whole estate but will in NY specifies 1/3 of his portion to surviving spouse and 2 adult children as heirs of his estate. I live in NY and estranged mother in NJ. She wants me to authorize will administrators to send her entire amount so she doesn't have to... Read more »

Derek John Soltis
Derek John Soltis answered on Feb 16, 2020

You need to speak with a probate attorney. Depending on how much money there is in the estate there may be money you are entitled to under the will. How ever without knowing your father's debts, and total assets there is no knowing if you would be able to collect anything if your mother chooses her... Read more »

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