John P Fazzio III’s Answers

John P Fazzio III

Mahwah Foreclosure Attorney.

Contributor Level 16
  1. How do we sue the State for over taxation on one or many other items?

    Answered 10 months ago.

    1. John P Fazzio III
    2. Bruce Givner
    3. Richard Gordon Stack
    3 lawyer answers

    It sounds like you have more of a political opposition to state taxation, but the question itself is vague. No lawyer can tell you if you have a viable lawsuit without knowing the particular facts of your case.

    5 lawyers agreed with this answer

  2. Lis Pendens noted on file I was not served

    Answered over 1 year ago.

    1. Barry A. Stein
    2. Omaida Delgado
    3. John P Fazzio III
    4. Diane L Drain
    4 lawyer answers

    Under Florida statute 48.23, a lis pendens is filed and recorded in the local county clerks office on the same day as the summons and complaint is filed. You should have been served with the summons and complaint, although, the bank may have filed the summons and complaint with the Court, but simply may not have served you yet. Your time to respond runs from the date that you are served under Florida law, not the date of filing of the summons and complaint. You might want to note that the...

    5 lawyers agreed with this answer

  3. Can the IRS put a lien on your 401K after filing bankruptcy?

    Answered over 1 year ago.

    1. Patrick C Shifley
    2. Manuel Alzamora Juarez
    3. John P Fazzio III
    4. James Portman Webster
    5. Michael Avanesian
    5 lawyer answers

    Mr Juarez is on point here. I have seen this issue a number of times and was surprised at first to learn that a lien on your 401(k) will survive nearly indefinitely. Fortunately, it will only be able to be satisfied when withdrawals occur, by which time you would most likely have paid off the IRS under any scenario. In a Chapter 13, you usually come up with a plan to settle your debts (albeit at potentially smaller amounts) over a period of usually 3 to 5 years. Unlike a Chapter 7...

    5 lawyers agreed with this answer

  4. We recently received a letter from a Revenue Officer asking for an in office meeting to answer why our back taxes of $10,000

    Answered over 1 year ago.

    1. Raymond F. Haselman
    2. John P Fazzio III
    3. Ronald J Cappuccio
    3 lawyer answers

    The Statute of Limitations on collections runs from the date of filing OR the date of assessment. This is IRC Section 6502(a)(1). As Mr. Cappucio states, if you filed on time, you would have filed in April of 2003, which means that the 10 year Statute of Limitations period for collection would not run until April of 2013. If there was an audit adjustment, the statute would run from the time a determination was made plus the time you have to appeal that decision (30 days to appeal w/i IRS...

    5 lawyers agreed with this answer

  5. Tax Question: My nephew is living with us starting January of 2013. Will I be able to claim as dependent on my tax return?

    Answered over 1 year ago.

    1. Dana Whitney Atchley
    2. John P Fazzio III
    3. Hillary Johns
    3 lawyer answers

    There are two types of qualifying dependents: (1) qualifying child; or (2) qualifying relatives. The dependent must also be a U.S. resident or U.S. citizen. The answer to your question hinges on two issues -- whether a "nephew" can be considered a qualifying relative, and whether he qualifies as a "resident" under the Tax Code. To qualify as a "relative" your nephew cannot earn more than $3,800 in the relevant year. It would take some investigation into the relevant regs to give a more...

    5 lawyers agreed with this answer

  6. Is there a way to take advantage of the 2012 Gift Tax exclusion after January 1, 2013 before the tax hike?

    Answered over 1 year ago.

    1. Gregory Herman-Giddens
    2. Ronald J Cappuccio
    3. John P Fazzio III
    3 lawyer answers

    Even if you use planning to take advantage, you never know how the gift tax will change in the future and what the interplay with the estate tax will be. Just because it is $1 million next year doesn't mean it won't be $15 million in the year you die.

    5 lawyers agreed with this answer

  7. Mortgage broker negligently handled my loan causing financial damages. Can I sue him for damages? Do I need to hire an attorney?

    Answered over 1 year ago.

    1. Richard Alan Rodgers
    2. Reginald Perez Mason
    3. John P Fazzio III
    3 lawyer answers

    Unfortunately, Mr. Rodgers is right on all counts. Your mortgage broker screwed up. You suffered for it. But that suffering resulted in damages of what, while to you very significant, are additional costs or fees that are far less than the cost of trying to recover them in a lawsuit. You don't have a claim against the lender that I can see. I would also note that you really would need to investigate whether this broker has any assets to pay you with or else suing him would be a waste....

    5 lawyers agreed with this answer

  8. IRS has levied my paycheck by 75% for owing 7000.00 dollars. Is there anything I can do?

    Answered over 1 year ago.

    1. Andrew B Gordon
    2. Steven J. Fromm
    3. Steven Anderson Leahy
    4. John P Fazzio III
    5. Christopher Ryan Lee
    6. ···
    6 lawyer answers

    As Mr. Fromm said, you need to file the back returns. You can also submit a request for release of levy up to your reasonable living expenses. You will have to append a Form 433-A to this letter. Here is some legal language you may wish to include in the letter, but you are going to need an experienced tax attorney to handle this for you. You should find someone immediately.: "I am writing to ask that the levy placed on my wages on ___ be released pursuant to I.R.C. § 6343(a)(1)(D)....

    5 lawyers agreed with this answer

  9. Can One Raise the Defense of Fraud if They Have Proof that a Bank Had Robo-Signed Documents in a Foreclosure Complaint?

    Answered over 1 year ago.

    1. Antonio Alonso
    2. Jonathan Hackworth
    3. Jeffrey Alan Klein
    4. Evan A Nielsen
    5. Steven Navaro
    6. ···
    6 lawyer answers

    Even if you get a dismissal, it will invariably be without prejudice. You should contact a local foreclosure attorney like Mr. Klein right away. As Mr. Navaro stated, if the verified complaint, the original note, any assignments, or affidavits submitted are fraudulent, you have a strong foreclosure defense. In addition, if individuals who signed affidavits regarding inspection of and custody of the original mortgage or note were made by "robo-signers" without personal knowledge of these...

    5 lawyers agreed with this answer

  10. What is the legal definition of a dependent ?

    Answered 5 months ago.

    1. Michael Charles Doland
    2. John P Fazzio III
    2 lawyer answers

    Mr. Doland has identified the correct Publication (Publication 17). She is a dependent if she is a qualifying relative and you provide MORE THAN half her support. She also has to live with you. Given what you've said here, your providing exactly half her support, which won't cut it. If you are buying food and other things above the $1,500, maybe she qualifies. Consult an accountant or tax attorney and give them all the facts.

    3 lawyers agreed with this answer

Call now for a free consultation.

201-529-8024