Skip to main content
John P Fazzio III
Avvo
Pro

John Fazzio’s Answers

869 total


  • I received a letter stating my house has been purchased in a foreclosure auction, can I do anything to stop the closing?

    We have been working the the lender to refinance and during this process received a letter stating our home was in an auction on the 8/4 and the closing is set for 9/1. Is there any thing I can do to stop this sale before the closing/keep our home?

    John’s Answer

    You should consult a local Foreclosure Defense attorney. However, it is going to be difficult to get anything done in a week, so you need to act quickly. Why do you want to stop the closing? Is there a clear path to save the home by re-financing, curing the delinquency, or by putting together your own short sale?

    See question 
  • In a filing for TRO and injunction against a Foreclosure sale, you file it against the lender or Foreclosure law firm or both?

    Lender is trying to foreclosure plaintiff's home. Plaintiff has good reason to stop the foreclosure sale. Plaintiff has to file the TRO and injunction against the lender or the foreclosure law firm (trustee firm) or against both? Is there any b...

    John’s Answer

    If you have a valid basis for a TRO, you would file against the lender and notify their law firm.

    See question 
  • Foreclosure question

    We have just received a foreclosure notice from a law firm who is representing the bank that holds our mortgage. The note is in my name only. However, all items that are sent from the Law firm including the notice of sale that is posted at the ...

    John’s Answer

    The note is an IOU that specifies who needs to pay. So, you are the only one on the hook for the debt. But, the mortgage secures the collateral--the premises--which is community property in TX, owned, in part, by both parties. So, the foreclosure lawsuit has to name both parties. Both parties are owners. The mortgage cancels both parties' property rights. But, Wells Fargo sends only you notices, because only you are responsible for payment.

    See question 
  • When is the Automatic Stay Lifted on a Foreclosure?

    I filed Chapter 7 Bankruptcy on 6/23 without re-affirming the mortgage. The foreclosure was Dismissed without Prejudice due to the automatic stay. However, on July 28th the lenders attorney filed a motion to lift the automatic stay since my house ...

    John’s Answer

    Once the automatic stay is lifted, they can re-file the foreclosure at will.

    See question 
  • Mortgage Modifications

    What can I do when my mortgage company says the following after inquiring about any MHA programs, "we did not receive any federal money so we do not need to offer any help"?

    John’s Answer

    You should come in for a consultation with a Foreclosure Defense attorney. If your mortgage company was not given TARP money (Chase, Wells, BofA, etc.) then they should participate in HAMP (the modification programs that have the possibility of principal reduction as a feature).

    If your mortgage company doesn't offer ANY modification or loss mitigation options, that is a problem. You can always try to re-finance as another poster suggests, but if you are behind on a mortgage already, you likely have credit/financial hardship issues making that difficult.

    You may need a lawyer or professional to put pressure on the lender, and you may not be able to get relief from your lender, and may need to think strategically about how you are going to address this---including getting a full overview of all of your legal rights and remedies that are available.

    See question 
  • What forms or paperwork do I need for charitable donations under $500 per item but totaling over $5000?

    We are donating a large number of items this year. Everything from DVDs, clothes and books to office furniture and tools. None of these individual items are worth more than $500 each, but in total they are worth more than $5000 (using Turbo Tax ...

    John’s Answer

    You need to get back a receipt. You can donate in bulk and get one receipt if it is all donated to the same place.

    See question 
  • Tax on items we reimburse employees for?

    When one of our employees purchases an item, such as a computer table, so they can work for us from home, do we need to pay tax on the purchase?

    John’s Answer

    Right, you should be paying the cost and tax on the item.

    See question 
  • What happens in Massachusetts if the executor does not file estate tax form o time because not all funds are retrieved within 9

    Months and more proceeds could be coming making over 1 million but not sure how much insurance maybe double indemnity is executor in trouble lawyer handle case did not tell executor to file estimate or extention since not aware of polic...

    John’s Answer

    As Eric said, there are no penalties if the estate is not taxable. Thus, it is not clear if the missing of the deadline is a serious issue or not. Need more information on the insurance proceeds.

    See question 
  • I am 19 year old college student not working live with my grandparents when not in school can they claim me on taxes for FAFSA

    I am 19 years old lived with my grandparents during senior year of high school but my dad claimed me on taxes he doesnt support me nor give any child support can I be claimed on my grandparents taxes and use that for my FASFA. My dad didnt want to...

    John’s Answer

    Dependency exemptions depend on both who provides you support and who you live with more than half the time. You can't "make" your Dad redo his return, but your grandparents could claim you. This would trigger an audit and your Dad wouldn't be able to substantiate his entitlement to the deduction, but your grandparents would.

    See question 
  • I have been charged for taxes 21 years for a full basement and i do not have a basement, i have a crawl space. what should i do?

    the difference between the amounts are 480.00 for crawl space and 1150.00 for a full basement. The county appraiser appraised the house without looking in the back yard

    John’s Answer

    I agree with James. I don't know the applicable local rules. But, what I do know, is that in every jurisdiction, you must appeal appraisals very quickly.

    See question