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Zachary Zawarski
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Zachary Zawarski’s Answers

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  • Am I eligible for PA Unemployment Compensation

    If I am laid off while I am recouperating from a non-work-related injury, can I collect unemployement benefits in PA?

    Zachary’s Answer

    You may wish to visit your doctor so he can verify that you are able to return to work and obtain some sort of documentation from him to establish that you can return to work in case you need to use it as evidence if your claim is denied based on not being able to return to work. You should not apply for UC benefits until you're physically able to work again.

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  • Will applying for a home modification while I'm between 2-3 mo delinquent delay foreclosure with Chase Bank?

    I have a single home and am betw 2-3 mo delinquent now. I read that I can try to apply for a home loan modification to see if the terms of my loan can get changed so it's affordable for me to live in my current home (through int. rate changes). Wi...

    Zachary’s Answer

    Under HAMP guidelines and regulations, if a HAMP loan modification application is submitted, the lender is not supposed to initiate foreclosure proceedings until the application has been approved and the homeowner is given a trial loan modification or a denial letter has been issued.

    I would highly recommend speaking with a Pennsylvania attorney to represent you in preparing a loan modification application. Do not consult with an out-of-state modification company as there are several questionable loan modification companies in states such as Florida, California, and New York.

    Please also note that if your original mortgage balance is less than $221,540, you are also required to be given an Act 6 Notice prior to the commencement of a foreclosure action. The Act 6 notice essentially informs you that the loan is in default and that the lender intends to file a foreclosure action within 30 days unless the arrears is cured. If your original mortgage is less than $221,540, a foreclosure cannot be filed unless you are sent this notice by certified mail and 30 days have passed.

    It would be very wise to start the loan modification process now.

    Zachary Zawarski
    www.lvforeclosuredefense.com

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  • Foreclosure in PA - strategies to extend foreclosure?

    before my 3rd delinquent month, any strategies that i can utilize to extend my stay in my single home as long as possible? i know declaring chapter 7 (assuming i pass the means test) is one strategy to delay the foreclosure process but i was wo...

    Zachary’s Answer

    Actually, a Chapter 7 bankruptcy would accelerate the foreclosure process since you must disclose on the Statement of Intentions whether you intend to surrender the home, affirm the debt, or do a "pay and stay." It sounds like you would have to disclose that you intend to surrender the home.

    Under that scenario, you can then expect the lender's attorney to request relief from the automatic stay so they can proceed with the foreclosure action. A Chapter 13, on the other hand, would allow you to pay the arrears back over 3-5 years so you can keep your home and become current on the loan.

    Your best bet to extend the process is to apply for a loan modification immediately and if you are served with a foreclosure action, to hire an attorney to file a response to prevent the lender from getting a default judgment. You may have several defenses available to you.

    Zachary Zawarski
    www.lvforeclosuredefense.com

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  • Foreclosure - delinquent on mortgage by 2 months on single home in PA

    i'm 2 mo delinquent now and Chase has been leaving me voicemails as expected. i have very little savings, very little home equity; i plan on moving in with my son after i lose my home. I fully feel comfortable foreclosing and just living in home r...

    Zachary’s Answer

    Foreclosure actions take a long time to play out in Court. If a foreclosure action is filed and you are served with the Complaint, speak to an attorney about filing an Answer to the Complaint. You may have defense available to you such as compliance with Act 6 (if applicable), among others.

    Bucks County also has a foreclosure diversion program, which would allow you to explore options other than foreclosure such as a short sale or deed-in-lieu of foreclosure.

    In any event, filing a response to the foreclosure action rather than doing nothing and letting the lender get a default judgment will ensure that you have the maximum amount of time in your home.

    Zachary Zawarski
    www.lvforeclosuredefense.com

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  • Does PA unemployment end on first day worked as 1099 consultant, or first day paid?

    If I worked one hour as a 1099 consultant in one week, then part time there after. I have not submitted my first invoice, as they expect to be billed monthly. Can I collect UC until I submit my first invoice, or possibly until I recieve my first p...

    Zachary’s Answer

    You cannot claim unemployment benefits the moment you are considered self-employed. If you claim benefits during any week you were considered self-employed, you may receive a notice that you received a fault overpayment of benefits which must be paid back to the Department of Labor.

    The only exception to this is if this is a passive sideline activity that you conducted while you were employed with your previous employer that you continued after you lost your previous employment.

    Zachary Zawarski
    www.zawarskilaw.com

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  • Can I collect Unemployment Compensation & LTD at the same time. The disability plan is one of my paid benefits from my job.

    I can't do my job as a medical coder and biller for loss of some vision from a stroke. My employer terminated me from my position. So I am unemployed. So I should be able to get UC. I am also disabled because of the vision deficit. I have been ...

    Zachary’s Answer

    In order to collect unemployment benefits, you need to prove that you are able and available for suitable work. If you can show that you are able to work given your medical condition, it is possible to collect UC benefits. However, if you cannot perform any work due to your medical condition, your claim for unemployment will likely be denied.

    Zachary Zawarski
    www.zawarskilaw.com

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  • Mortgage Question - Pennsylvania Homeowner

    I live in Pennsylvania and although I have equity in the home, I cannot make anymore monthly payments starting next month. How do you find out if your 1st Home Mortgage Loan ($490k balance) and Home Equity Line of Credit ($135k balance) are no...

    Zachary’s Answer

    While lenders have the right to pursue a deficiency judgment, they generally don't unless they know the debtor has other assets.

    A deficiency judgment is not automatic. If the lender wants to exercise this right, they must file a Petition with the Court within 6 months of the home being sold at a sheriff's sale to fix the fair market value. Any potential liability would be the debt owed less the fair market value.

    If the bank decides to take this step, you are entitled to receive notice and can contest the bank's fair market value determination by submitting your own appraisal. Please feel free to read the following article for more information.

    http://www.lvforeclosuredefense.com/2011/10/25/the-deficiency-judgment-process-in-pennsylvania-foreclosure-actions/

    Zachary Zawarski
    610-417-6345
    www.lvforeclosuredefense.com

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  • Letter of Intent to Foreclose

    I received a letter of intent to foreclose, I am currently 2 months behind on my mortgage due to my roomate moving out and leaving me stuck with all of her bills. I make mortgage payments monthly but once the first rolls around i am still 2 months...

    Zachary’s Answer

    You may also want to consider applying for a HAMP loan modification if your mortgage payment exceeds 31% of your gross monthly income. A loan modification could possibly reduce your mortgage payment to 31% of your gross monthly income while the amount in arrears would be added to the principal of the loan.

    If you can obtain a modification, you'll essentially get a fresh start and you can resume your new monthly mortgage payment. Furthermore, under HAMP guidelines, the lender should not file a foreclosure action while your application is under review and this could further delay the foreclosure action from being filed.

    Zachary Zawarski
    610-417-6345

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  • How long after the unemployment interview, do you wait before you get your claim?

    had a interview on 6/21/11 with claims interviewer, wondering how long does it take for a decision on your case in new jersey?

    Zachary’s Answer

    The turnaround time varies by service center, but it typically takes about two weeks.

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  • Can I be fired for Insubordination for suggesting an idea to better production?

    I was called at my home at 9 in the morning on a saturday (we work Monday through Friday) and terminated on ground of insubordination because after being told to "get better" at entering ship dates, (that are only guesses and estimates anyway) I s...

    Zachary’s Answer

    Pennsylvania is an at-will employment state. Absent a contract guaranteeing employment or unlawful discrimination on the basis of a protected class, employees can be terminated for any reason or no reason at all.

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