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Questions Answered by Derek John Soltis
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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 »

2 Answers | Asked in Foreclosure for New York on
Q: Is there anything my daughter can do if she now has the

money to pay the taxes but the house is in the final stages of foreclosure?

Derek John Soltis
Derek John Soltis answered on Jul 20, 2018

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.

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2 Answers | Asked in Foreclosure for New Jersey on
Q: No I am not keeping home or I would have contacted an attorney a while ago.

Need to know how long I have before I have to vacate the home after sheriff sale.

Derek John Soltis
Derek John Soltis answered on Jul 19, 2018

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...
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3 Answers | Asked in Bankruptcy and Foreclosure for New Jersey on
Q: I fell behind on my mortgage payments, and my lender wants to foreclose !

My wife passed away and I fell behind on my mortgage payments. My lender wants to foreclose. So I filed chapter 13, I now have a job making plenty of money to pay my mortgage & the back arrears. My daughter just got a good paying job and my brother all who live with me are now helping me pay the... Read more »

Derek John Soltis
Derek John Soltis answered on Jul 13, 2018

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.

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2 Answers | Asked in Employment Law for New York on
Q: Can I do something to get my job to pay me my last check or do i take a loss?

I was fired from my job due to accidental sales. I was never informed by the mangers, nor did it state in the promo training online course that our new customer promo had ended. Therefore i was still offering that promo along side the new one, since thats what has been happening with the previous... Read more »

Derek John Soltis
Derek John Soltis answered on Jul 11, 2018

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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2 Answers | Asked in Employment Discrimination, Sexual Harassment and Employment Law for New York on
Q: I m a line leader at a company and was just accussed of bullying and conversing in a sexual manner. What do I do?

they told me to either step down and go back to being senior machine operator, resign, do a investigation which my manager said would be bad, they had no documentation, only and open door policy from this new manager to all production employees, my group of employees complained about the overtime,... Read more »

Derek John Soltis
Derek John Soltis answered on Jun 30, 2018

It sounds like you are in a tough spot. You really need to speak with an attorney before making any choice that has a long term impact on your career.

If you were actually bullying people and talking in a sexual manner you would most likely be terminated rather than demoted. Keeping...
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