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Questions Answered by Derek John Soltis

1 Answer | Asked in Foreclosure for New Jersey on

Q: If property taxes were not paid and subsequently sold at tax sale, the tax lien holder pays the future taxes for 2 years

and then files for foreclosure, what happens when the property owner receives an "order setting date, time, place and amount of redemption" notice from the attorney representing the tax lien holder? Is that date really the last date the property owner can pay to redeem the property? Is that... Read more »

Derek John Soltis answered on May 25, 2019

When the judge signs the order the property is legally the tax lien holders.

Declaring bankruptcy can extend the time to get the money to pay of the tax lien.

It may be easier to get a hard money lenders to loan the money, and probably have a lower interest rate than the 18% that...
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2 Answers | Asked in Foreclosure for New York on

Q: A FORECLOSURE NOTICE FOR MY MOTHER IN LAWS HOME, WAS SERVED TO HER NIECE WHO LIVES IN ANOTHER STATE(NY), IS THIS LEGAL?

A FORECLOSURE NOTICE FOR MY MOTHER IN LAWS HOME WAS SERVED TO HER NIECE IN ANOTHER STATE (NY).

MY MOTHER IN LAW SAYS SHE DID NOT RECEIVE ANY SUMMONS IN HER STATE OF NJ. SHE DID RECIEVE A LETTER FROM HER MORTGAGE COMPANY STATING HER REQUEST FORM FOR HER "AT RISK STATUS" WAS UNSIGNED SO... Read more »

Derek John Soltis answered on May 3, 2019

Have your mother-in-law talk to an attorney. Attorneys cannot tell someone to tell someone else how to practice law. If you and she like you can be on the call.

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3 Answers | Asked in Employment Law for New York on

Q: In NY state, can my employer make me be on call for up to 9 hours every day without any kind of compensation?

I go into customer’s homes and measure rooms for my employer. I am employed full time with benefits but I get paid per “measure” ($16) and not by the hour. To be clear, I work for my company and am not an independent contractor. I get a W2 and benefits from them.

I often only... Read more »

Derek John Soltis answered on Apr 22, 2019

You should sit down with an attorney to go over all of your compensation, and then look at if what is happening is violating the hourly.

Minimum wage is currently $7.25 per hour under Federal Law. In NY, it is between $11.10 and $15.00 per hour, depending on your employer and location as of...
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2 Answers | Asked in Employment Law for New York on

Q: Unlawful termination

Union employee - wrongfully terminated with no write up after 30 years. Do I have a case ?

Derek John Soltis answered on Apr 22, 2019

You need to speak to an attorney about what happened. On it's face, you probably have a case. But, without going into all the details there is no way to guarantee you have a rock solid case.

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3 Answers | Asked in Foreclosure and Landlord - Tenant for New York on

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

I am a tenant of a property that the landlord stated was going into foreclosure. The landlord vacated the property as of November 1st 2018 and at the same time my lease also ended. I continued to pay rent and she still collected payment from Section 8 Housing Authority as well. I put in for a... Read more »

Derek John Soltis answered on Apr 17, 2019

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....
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1 Answer | Asked in Employment Law for New York on

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

Derek John Soltis answered on Apr 1, 2019

No, it is not legally enforceable. If you want to discuss why someone would ask you to sign that talk with an attorney.

2 Answers | Asked in Foreclosure for New Jersey on

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

Need help staying emergency

Derek John Soltis answered on Mar 29, 2019

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.

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3 Answers | Asked in Foreclosure for New York on

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

When a lender/bank starts the foreclosure process,how long do they have to complete it.is there a status of limitation.

Derek John Soltis answered on Feb 21, 2019

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...
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2 Answers | Asked in Employment Law for New York on

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

Derek John Soltis answered on Feb 18, 2019

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.

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3 Answers | Asked in Foreclosure for New York on

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?

Derek John Soltis answered on Dec 11, 2018

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.

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2 Answers | Asked in Employment Law and Military Law for New York on

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

I’m in the national guard. I’ve always submitted my orders and a “did preform” letter from my unit signed by my rediness NCO but now my employer wants my LES.

Derek John Soltis answered on Nov 27, 2018

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... Read more »

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3 Answers | Asked in Foreclosure and Real Estate Law for New York on

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

if shareholder been late on maintenance a couple of times, can board foreclose on him?

Derek John Soltis answered on Nov 24, 2018

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... Read more »

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2 Answers | Asked in Foreclosure for New Jersey on

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

I received a foreclosure summons from my lender's attorneys but was in the process of submitting loan modification. My case worker at the mortgage company said not to worry about the summons that I do not need to answer it being that my modification paperwork was all in. Is this true? I feel... Read more »

Derek John Soltis answered on Nov 23, 2018

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...
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1 Answer | Asked in Foreclosure and Real Estate Law for New Jersey on

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

House sold in Jackson, NJ @ foreclosure/sheriff sale. Purchaser paid more than what was owed to the bank. Approx 40k was sent to the Superior Court Trust Fund. Need an attorney who can help file a motion for the surplus funds pursuant to Court Rules 4:64-3 & 4:57-2.

Derek John Soltis answered on Nov 20, 2018

If you contact any attorney in NJ that handles Foreclosure defense they will be able to handle these types of issues.

2 Answers | Asked in Civil Rights, Federal Crimes, Personal Injury and Wrongful Death for New York on

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

This is about a real estate fraud case ,where a person who had 2 lawsuits against them 1 for fraud sold a building that was not solely theirs to a developer corp,who then used their attorneys to help the person who commited fraud to force a win that ended up hurting the victim of multiple crimes... Read more »

Derek John Soltis answered on Oct 24, 2018

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.

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3 Answers | Asked in Foreclosure for New York on

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

Mr xxxx took over servicing from Nationstar for Freddie Mac. They sent someone to my home 2 months ago to tell me to call Mr xxxx to discuss mitigation. They apparently don’t know (care) that I’m in litigation. Nothing to lose so I speak with them and provide all my info. They respond, “we... Read more »

Derek John Soltis answered on Oct 19, 2018

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.

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2 Answers | Asked in Foreclosure for New Jersey on

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!

I have a sheriff sale on my home in four weeks. I am too stressed from all this. I want to move now! Do I contact my bank and let them know I have taken utilities our of my name, turning water off and cancelling home insurance/ (Insurance and taxes are all paid up until Feb 2019) I need to think... Read more »

Derek John Soltis answered on Sep 28, 2018

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....
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1 Answer | Asked in Foreclosure for New York on

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

Derek John Soltis answered on Sep 14, 2018

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...
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2 Answers | Asked in Foreclosure for New York on

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

WAMU started the action in Jan 08; sold the note to EMC Apr 08, then the case lagged. 1) didn't the case die when WAMU sold to EMC??

Derek John Soltis answered on Sep 4, 2018

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.

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1 Answer | Asked in Civil Rights and Landlord - Tenant for New York on

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

I live in New York City and have been having issues with management getting repairs I’m diabetic fridge died went without for two weeks until I contacted local officials. I had to throw all my food out that i cannot afford to replace being on disability.Since then they’ve sued for rent I dont... Read more »

Derek John Soltis answered on Jul 20, 2018

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... Read more »

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