John P Fazzio III’s Answers

John P Fazzio III

Mahwah Foreclosure Attorney.

Contributor Level 16
  1. Do I have a case

    Answered 24 days ago.

    1. John P Fazzio III
    2. Arthur R Panza
    2 lawyer answers

    You may have a case for predatory lending, improper underwriting of your loan, or modification fraud. It is difficult to know for sure without reviewing all of the facts. You state the house "foreclosed" in 2012, so I am assuming you lost the property. You should certainly consult with a lawyer regarding your rights in this matter.

    4 lawyers agreed with this answer

  2. Can I contest a foreclosure complaint after filing Chapter 7 Bankruptcy?

    Answered almost 2 years ago.

    1. Bruce C Truesdale
    2. Robert N Braverman
    3. Marc Charles Capone
    4. Steven R. Neuner
    5. John P Fazzio III
    5 lawyer answers

    Let me break this all down for you. The Bankruptcy puts a "stay" in place that stops all other proceedings. That means that neither you nor the bank can move the foreclosure process forward. You would most likely want to wait until you see how the Bankruptcy turns out before answering the Complaint. But, by all means, hire an attorney and get your Answer ready. You'll also want to be prepared because the foreclosure attorneys are likely to prepare a Motion to Stay Foreclosure in the very near...

    4 lawyers agreed with this answer

  3. Fraudulent foreclosure NYC by international bank with violations of US laws-& list long enough to fill LAW SCHOOL TEXT BOOKS

    Answered over 2 years ago.

    1. Eric Edward Rothstein
    2. John P Fazzio III
    3. Jonathan H Levy
    3 lawyer answers

    Judges are unlikely to penalize a bank for foreclosing, despite the existence of violations (no matter how many) unless the case is extremely well developed (multiple depositions, extensive discovery, months/years of document exchanges and motion practice), and even then, most judges will be extremely hesitant to do so. The reason is that regardless of the violations, if you are in foreclosure, meaning you are a foreclosure defendant, by definition you are not paying. If all these violations...

    4 lawyers agreed with this answer

  4. Old state taxes in chapter 13

    Answered over 2 years ago.

    1. Ronald Joseph Kim
    2. Mark Markus
    3. Steven Anderson Leahy
    4. John P Fazzio III
    4 lawyer answers

    Everyone who has responded to your question has set out the proper analysis. You indicate that you filed your tax return for 2008 on time, meaning that you filed it by April 15, 2009. If that is the case, you can discharge the taxes in your Chapter 13 plan. The Trustee may or may not confirm a discharge of the taxes and it really depends, in part, on how good your Chapter 13 plan is otherwise, what your ability to pay the various debts you owe is, and whether New York State is concerned...

    4 lawyers agreed with this answer

  5. Does a new minister recently moved into USA liable to pay estimated taxes?

    Answered about 2 years ago.

    1. Phillip Monroe Smith
    2. John P Fazzio III
    3. Evan A Nielsen
    3 lawyer answers

    As Mr. Nielsen suggests, it is not a matter of what is required so much as what is prudent. If you go all year without paying estimated taxes each quarter, your going to potentially have a large tax obligation at year's end. As life happens, most people fail to put aside enough money to pay these amounts in one shot. Therefore it is much better to put the money aside as you are paid. One caveat is that if you meet with an accountant and go over the amounts you earn and the amounts of...

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  6. In June 2011 when I was visiting very old parents abroad I consolidated some of their accounts in my name for a total of $11,000

    Answered about 2 years ago.

    1. Samuel Patrick Ouya Maina
    2. John P Fazzio III
    3. F. J. Capriotti III
    4. Alexander M. Ivakhnenko
    4 lawyer answers

    As you have identified, this is a very tricky area of the law. On this issue, you really need to consult a local tax attorney, CPA, or enrolled agent who is familiar with this area. The facts as described are a little murky, but it sounds like this is your money that was put in your parents accounts abroad. The accounts were used for medical expenses and were not transferred into your name until 2012. These facts are critical and you need to get them straight to get a solid answer. You...

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  7. In U.S. Tax Court, can statements made in settlement negotiations be admitted as evidence?

    Answered over 2 years ago.

    1. John P Fazzio III
    2. Robert A Stolzberg
    3. Steven M Zelinger
    4. Christopher Michael Larson
    4 lawyer answers

    As everyone has indicated, under the Federal Rules of Evidence (Section 408), Settlement Discussions are not admissible in trial. However, be careful, I do not think this is what you are talking about when you use the word "stipulate." A common practice in Tax Court is for the parties to submit a statement of stipulated facts to the Court. If you offered to concede certain items in exchange for a proposed deal, then it is protected under FRE 408. However, if at any time you admitted to...

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  8. Does proffering in a federal drug case eliminate my oppertunity to file a motion to supress under illegal search

    Answered over 2 years ago.

    1. John P Fazzio III
    2. Brent Allan Rose
    3. Stephen Andrew Mosca
    4. Mark P. Maciolek
    4 lawyer answers

    You really need a local criminal attorney who regularly practices in Federal Court. It sounds like you are undeniably guilty. It sounds like your only hope for winning the case with a non-negotiated plea is a Successful 4th Amendment Suppression motion. A local attorney is going to know, regardless of the law, how the particular judge assigned is going to look at that motion and what your chances are. A proffer may potentially get you a significantly reduced plea deal. Depending on your...

    5 lawyers agreed with this answer

    1 person marked this answer as helpful

  9. The IRS gave me a temporary revenue number to file my taxes however when i try to file it the number did not work

    Answered almost 2 years ago.

    1. John P Fazzio III
    2. Linda Simmons Campbell
    2 lawyer answers

    Call (800) 829-1040. They will help you get it fixed.

    3 lawyers agreed with this answer

    1 person marked this answer as helpful

  10. Property Taxes NY: How wide of scope are towns legally allowed to investigate owner filing assessment grievances/exemptions?

    Answered about 2 years ago.

    1. Steven Warren Smollens
    2. John P Fazzio III
    3. Jack Richard Lebowitz
    3 lawyer answers

    You should write your congressman. Everyone is frustrated with rising property taxes, but the bottom-line is that irresponsible fiscal spending by government bodies and stagnant real estate values combined with diminishing state tax/local receipts tent to lead to increased property taxes. This is a fact of life. The best way to change the status quo is to become involved in government policy and advocate for changes that will correct this problem.

    3 lawyers agreed with this answer

    1 person marked this answer as helpful

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