John P Fazzio III’s Answers

John P Fazzio III

Mahwah Foreclosure Attorney.

Contributor Level 16
  1. Must I add my Mortgage Servicer as a party when I Answer the Foreclosure Complaint?

    Answered over 2 years ago.

    1. John P Fazzio III
    2. Evan A Nielsen
    2 lawyer answers

    You are required to file your Answer as to the party that sues you. Since the Servicer sent the Notice of Intent to Foreclose, you can be pretty much assured that they will be the Plaintiff in the Complaint, and they will rely on MERS or on a Power of Attorney to sue on behalf of the actual Lender to establish standing. So, assuming the Servicer is the Plaintiff, your defenses and counterclaims may be brought directly. Let's assume for a moment that you are right and the Lender sues...

    3 lawyers agreed with this answer

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  2. What do you suppose the thinking is behind a Revenue Officer sending a letter wanting an in office meeting in a state over 900

    Answered about 2 years ago.

    1. John P Fazzio III
    2. Ronald J Cappuccio
    3. Paul Arnold Nidich
    3 lawyer answers

    I agree with Mr. Cappuccio again. It is critical that you get your 2008-2010 returns filed right away. You cannot get on a payment plan with the IRS for the old 2001/2002 taxes until you are "currently compliant." Also, there are some really great payment plan or settlement options right now under the new IRS Fresh Start program that are available. For instance, monthly payments on a $10,000 liability can be as low as $140, to be paid off over 6 years. Its good to have that kind of...

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  3. Do I have a case for wrongful foreclosure based on "standing" if assigned trust can't prove they had timely endorsed note?

    Answered over 2 years ago.

    1. Ryan Thomas Strickland
    2. John P Fazzio III
    3. Steven Navaro
    3 lawyer answers

    It sounds like you should hire a local foreclosure defense attorney. You will have to see what post-foreclosure options are available. In New Jersey, there is something called the Consumer Fraud Act that applies in situations like this one. I would just make one point. If a document is submitted to Court and it is signed by an agent or nominee (i.e., M.E.R.S.), you need a couple of things for that to be valid. Let's take the situation like you have that M.E.R.S. is the nominee and makes an...

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  4. Tax return before divorce

    Answered over 1 year ago.

    1. Thomas J. Wagner
    2. John P Fazzio III
    3. Lee Alan Thompson
    3 lawyer answers

    You are BOTH better off filing jointly. If I were in your shoes, I would negotiate the tax refund rather than using blackmail. Although, it is not clear why he would think he is entitled to more than you are, and I can understand your position.

    5 lawyers agreed with this answer

  5. How do we sue the State for over taxation on one or many other items?

    Answered over 1 year 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.

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  6. Lis Pendens noted on file I was not served

    Answered about 2 years 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

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

    Answered about 2 years 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

  8. 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 about 2 years 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

  9. 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 about 2 years 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

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

    Answered over 2 years 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

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