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Questions Answered by Derek John Soltis
1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: can a landlord refuse to renew a lease in union city nj?

i, the landlord need to occupy the premise

Derek John Soltis
Derek John Soltis answered on Jul 8, 2020

Under normal conditions what you propose would be fairly straight forward.

1. You send notice that the lease is terminated and that you as the owner intends to occupy the space.

2. The tenants vacate. Your Done.

Option if the tenant doesn't vacate

3. You take...
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2 Answers | Asked in Criminal Law, Personal Injury, Civil Rights and Federal Crimes for New York on
Q: Can I sue the state for not informing me of my convicted rapists release to society

He served his sentence and got put in mental facility because he’s a serial offender and was still a risk to society. I was never told he was released and he’s been seen around my home town and now I’m afraid and traumatized all over again because he came back to the place where this all... Read more »

Derek John Soltis
Derek John Soltis answered on Jul 3, 2020

This is a horribe answer to your question, but it gets arround to answering why suing probably won't help you.

You can sue anyone for any reason you want, but it doesn't mean you will win anything.

The state failed to tell you something. I don't remember you...
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3 Answers | Asked in Bankruptcy for New Jersey on
Q: Is there any statues of limitations on an attorney committing fraud, stealing your money

Filed bankruptcy stole my money

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

Fraud is generally 6 years from date of fraud or when it should easily have been discovered. The rule varies by state. Talk to an attorney to see if you have options.

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1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: Can a house guest that has become a resident refuse to leave a home when it is put up for sale by the owner?

My grandmother has two fam house , paying tenant upstairs. My aunt lives with her and her boyfriend claims to pay rent for a room elsewhere but sleeps by my grandmother every night and every day is there with my aunt. If something god forbid happens to my grandmother , and her three children want... Read more »

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

Yes. From what you described he sounds like he needs to be evicted through legal means if he chooses to stay.

2 Answers | Asked in Probate for New Jersey on
Q: My brother passed away and had no will his kids made me administrator of the estate. How do I split the home

His son was living with him and wants to stay in the house. His Half sister says it’s ok but when he sells she wants half. How do I set that up? There are no other assets so how do I pay off his debts and end my responsibilities As administrator?

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

The son could buy the 1/2 of the house the sister owns now. He should easily be able to get a loan for 50% of home. This protects the sister in case he eventually does something that could endanger the property.

Talk to an attorney to go over your options and obligations as an executor....
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1 Answer | Asked in Landlord - Tenant and Real Estate Law for New Jersey on
Q: I have two tenants I wish to evict but don’t know how to go about it due to Covid and Phil Murphy’s Moratorium A-3859

I purchased a 2 family Feb 18th 2020. 60 day notice was given accordingly. We moved on April 1st and found there to be a guy who had been renting a room from the former tenant unbeknownst to us. Called the police but due to covid, we were told that he legally had a right to stay. With two young... Read more »

Derek John Soltis
Derek John Soltis answered on Jun 25, 2020

You can file the paperwork with the county for eviction, and get in line for when the courts start hearing cases.

2 Answers | Asked in Probate for New Jersey on
Q: Can a lawyer use incorrect information to justify a client's self dealing?

Estate executor used dealer "trade in" value as the basis for purchasing a vehicle for 7K that she had previously valued at 10-15K. Lawyer claims that because a dealer wrote a note claiming this is trade in value, it is now an appraisal that represents fair market value. I think there... Read more »

Derek John Soltis
Derek John Soltis answered on Jun 18, 2020

It is not a good sign that the Executor is buying property from the estate. The Executor owes a duty as a fiduciary to the estate. You really should speak with an attorney. Do not rely on any public internet forum as a basis to make a legal decision.

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1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: I'm trying to find the Owner or Owners name for property in Edison N.J.

The property name is Middlesex Managements Edison Woods Senior Citizen Associates.

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

If you have the address you can search the NJ Property Tax records. It will give you the address of where their taxes are sent.

https://tax1.co.monmouth.nj.us/cgi-bin/prc6.cgi?menu=index&ms_user=monm&passwd=data&district=1301&mode=11

2 Answers | Asked in Consumer Law, Criminal Law, Foreclosure and Real Estate Law for New York on
Q: What type of attorney specializes/handles mortgage loan modification fraud?

Homeowner lost her job and couldnt pay mortgage for a few months. A servicer suggested that a mortgage modification is available if payments are made. The homeowner made the payments to the servicer, but the modification never occurred and now is at risk for foreclosure.

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

Have you appealed the decision? When did you apply? What is your current interest rate?

There are a lot of factors that go into a loan modification. Just because you didn't qualify 6 months ago, doesn't mean you won't qualify now.

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4 Answers | Asked in Bankruptcy for New York on
Q: Is a judgment from a secured 2nd mortgage still considered secured credit, or will it be paid if I receive inheritance

Chapter 7 inheritance

Derek John Soltis
Derek John Soltis answered on May 26, 2020

Talk to an attorney it is free in most cases. Get your questions answered so that you know for sure what your next step should be.

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3 Answers | Asked in Bankruptcy for New York on
Q: Give example of: Homestead exemption, Catch-all Exemption, Equity, Conversion, Dismissal, Bankruptcy petition preparer.
Derek John Soltis
Derek John Soltis answered on May 19, 2020

Ny homestead exemption varies by county. A catch-all would be a wildcard that exempts any type of property. The federal exemptions tend to be better than NY State exemption for wild card.

Equity is the difference between what is owed and the value of the item secured by a loan like a house...
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1 Answer | Asked in Probate for New Jersey on
Q: Hello. My sister and I are co-executors of my mother's will who passed on 5-11-20 at the age of 93 from dementia.

Decided to delete the details

Derek John Soltis
Derek John Soltis answered on May 17, 2020

I am sorry to hear about your situation. Yur first step should be to speak to an attorney about all of your rights and options. You really do not want to have your personal information discussed in a public forum.

Q: I need to prove that I am being tortured because the ppl doing it are getting away with it. I need representation.

Seeking legal advise but months later there is still no response on here.

Derek John Soltis
Derek John Soltis answered on May 10, 2020

Call an attorney that specializes in civil rights. You are not likely to get information that can help you on a public forum.

1 Answer | Asked in Probate for New Jersey on
Q: G/M MY SISTER WAS UNDER GUARDIANSHIP OF THE STATE, SHE PASS In OCT. THE ySOLE HER HOUSE I AM TRYING TO GET THE FUNDS,

i hired a lawyer six months ago but they are not getting any answers from their lawyers. Should I hire another lawyer ?

Derek John Soltis
Derek John Soltis answered on May 6, 2020

I am sorry to hear about your situation. It would not hurt to talk to another lawyer about your situation. With COvid-19 many things related to the government have been put on Hold, so even hiring another attorney may not help at this time, but going over your situation with another attorney may... Read more »

2 Answers | Asked in Employment Discrimination, Employment Law and Immigration Law for New York on
Q: I’m here with 0-1 visa ! I applied for an unemployment weekly benefits!! And I got my first payment!

Getting the payment and apply for an unemployment can affect me getting a new working visa in the future??

Thank you

Derek John Soltis
Derek John Soltis answered on Apr 30, 2020

There are no simple answers. Corona Virus has changed the world. No one can give you an answer about something that has never happened before. You have an extraordinary ability...according to your visa. Use It.

I am not trying to upset you, but this is an opportunity for you to shine....
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5 Answers | Asked in Bankruptcy for New Jersey on
Q: Do i need to disclose my Snap Benefits when I am filing for Bankruptcy.

I’m getting help through legal aid but the assistant that is helping me Asks me repeatedly for my snap amount and if I’m receiving any type of gov’t assistance and today I received a monthly expenses sheet to fill out and it seems she added a question herself which states amount I spend on... Read more »

Derek John Soltis
Derek John Soltis answered on Apr 30, 2020

Yes. Disclose everything. Any source of income or aid needs to be disclosed to the trustee. If you qualify for SNAP odds are you well under the threshold for the means test to qualify for a chapter 7.

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1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: My lease is up for renewal. My landlord has added a termination fee to the new lease of one month's rent to move out.

Is this legal?

I have already paid the deposit of 1.5 months rent when I moved in.

It's a 2 year lease.

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

That is not a thing. Use your damage deposit to pay your rent as per the last round of executive orders.

3 Answers | Asked in Estate Planning and Probate for New Jersey on
Q: My mom transitioned 3/30/20 her wish was to sell her home once she expired. No Will was found. How can I sell her home?

I’m POA/POD. Her home is paid for. Mom has 4 bum kids over 55. My mom didn’t want her bum kids getting any of the money from the sell of her home she wanted it to go in trust. The other siblings will offer no resistance to the sell of the home.

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

You need to go through the Probate process. You will need her death certificate. You should also get the other kids to sign off on you being the personal representative for the estate. Since there isn't a will you would have to get a bond to serve as the personal representative.

If...
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1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: My Mother was told by her landlord that she needs to pay $150 in fines what should she do?

They are saying that she has someone else living with her, that's why they are fining her, but no-one else lives with her.

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

She should write to the landlord and explain her position. She should not have to pay fines that are wrong.

1 Answer | Asked in Probate for New Jersey on
Q: My mom died on 4/16. Assets were $50 in her check acct which I jointly owned. Does her will need to be probated in NJ?

Mom had been living in an assisted living facility which exhausted all of her cash assets. Her checking account, of which she and I were co-owners, has a present balance of $50. She had no other assets. She sold her home years ago and was living with me before she went into the assisted living... Read more »

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

I am sorry for your loss. The $50 automatically passes to you as the joint owner of the account. It does not sound like you have any reason to probate the will since there are no other assets.

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