John P Fazzio III’s Answers

John P Fazzio III

Mahwah Foreclosure Attorney.

Contributor Level 16
  1. Lawyer's fees

    Answered almost 2 years ago.

    1. Barry A. Stein
    2. John P Fazzio III
    3. Paul Henry Nathan
    4. Robert Bruce Kopelson
    4 lawyer answers

    You probably need to submit a letter to the Court informing them what the legal fees are and have the attorney fee award reduced to a judgment. You should simultaneously serve this on the landlord and send him a separate letter asking if he'll give you a credit for the amount of fees claimed if you will withdraw your claim for attorney's fees. If you agrees have him reduce that Agreement to a signed writing.

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  2. What actions can I take against my tax preparer?

    Answered 10 months ago.

    1. Charles R Smith
    2. John P Fazzio III
    3. Kevin Matthew Sayed
    3 lawyer answers

    There are various actions you can take against the preparer. However, they are unlikely to help you in the audit. Focus on the audit. Get the auditor the required proofs. Worry about the tax preparer later. You can report them to the IRS or file a lawsuit if they have sufficient insurance. Going after the tax preparer may ultimately be a fools errand. Focus on getting new representation, as needed, and/or rectifying the situation by cooperating with the auditor and proving correct...

    4 lawyers agreed with this answer

  3. Have I waived a challenge to personal jurisdiction in a Foreclosure.

    Answered about 1 year ago.

    1. Denny Marlowe Fox
    2. Gregg Harrison Glickstein
    3. John P Fazzio III
    4. Katherine Elaine Bruce
    4 lawyer answers

    Challenges to personal jurisdiction can be powerful but are not really applicable in most states for real estate actions. If you own property in Florida, you are subject to jurisdiction there. Moreover, if Florida law is anything like New York, simply filing an Answer and Affirmative Defense is submitting to jurisdiction. You should consult with a local attorney to get a more nuanced answer under local law.

    4 lawyers agreed with this answer

  4. W-4

    Answered almost 2 years ago.

    1. John P Fazzio III
    2. Ronald J Cappuccio
    3. Evan A Nielsen
    4. Jeffrey L. Cohen
    4 lawyer answers

    Who is your employer? You usually provide the W-4 to your employer. If you google the W-4 form it comes right up, but you are right that it is the 2012 version. I've attached it for reference a draft of the 2013 form. The IRS has probably not released the updated form yet as a result of the changes to the payroll tax that have just occurred in the fiscal cliff legislation.

    4 lawyers agreed with this answer

  5. What should I do about a trustee that has violated the loan terms on a reverse mortgage?

    Answered almost 2 years ago.

    1. John P Fazzio III
    2. Eric Jerome Gold
    3. James P. Frederick
    4. William Martin Burbank
    4 lawyer answers

    You need to consult with local counsel. You may need GA counsel as well. You may have a claim against the trustee. I'm not sure from your question what the mortgage situation in GA is. You should get a local attorney to ask formally for an Accounting from the trustee and investigate from there.

    4 lawyers agreed with this answer

  6. Does the IRS has superior lien on a property after the bank forecloses in an auction?

    Answered almost 2 years ago.

    1. Shawn Michael Yesner
    2. Charles William Franklin
    3. Jared Michael Graw
    4. John P Fazzio III
    4 lawyer answers

    The federal tax lien will be satisfied from the sale proceeds. You need to look at the amount of the tax lien and factor that into your bid.

    4 lawyers agreed with this answer

  7. Does the recipient of a "gift" exceeding the annual allowance in value have to declare it on their taxes?

    Answered almost 2 years ago.

    1. Amanda Marie Cook
    2. Michael Raymond Daymude
    3. Joseph Franklin Pippen Jr.
    4. John P Fazzio III
    4 lawyer answers

    Donor pays and has to file a gift tax return.

    4 lawyers agreed with this answer

  8. Married 20 years, age 59, female, kids (17 &19). Unemployed. Husband cheats is bankrupt owes ~ 100k in taxes. I want to divorce.

    Answered almost 2 years ago.

    1. Howard M Lewis
    2. Michael Raymond Daymude
    3. Michael John Harrington
    4. John P Fazzio III
    4 lawyer answers

    It sounds like you are understandably very emotional. You should probably see a divorce lawyer right away. But, the fact that your husband is financially ruined means that, as a practical matter, you are unlikely to ever see any money. You could get alimony/child support, but to what avail? I would suggest that you separate and live in a separate home. This will allow you to file an "Innocent Spouse" claim for any current/future taxes owed and potentially for some of the back taxes owed....

    4 lawyers agreed with this answer

  9. Do you specialize in foreclosure defense, mortgage fraud and litigation of statutes of mortgage limitations?

    Answered almost 2 years ago.

    1. Rixon Charles Rafter III
    2. Keith Adam Halpern
    3. John P Fazzio III
    3 lawyer answers

    I wish I had a local attorney to refer you to. TILA, RESPA, and HOEPA violations are important, but rarely give you the ammunition you need to actually stop the foreclosure process. You have a much stronger case for these violations if you have the ability to pay off the mortgage balance if it is adjusted based on your proof of the TILA, RESPA and HOEPA violations. If your mortgage fraud case is based on standing defects and the bank's inability to properly document its right to foreclose,...

    4 lawyers agreed with this answer

  10. If i owe back taxes form 9years ago how can i discharge that debt

    Answered almost 2 years ago.

    1. Michael L Detzky
    2. Deborah F Bowinski
    3. Christopher Ryan Lee
    4. John P Fazzio III
    5. Christopher Michael Larson
    5 lawyer answers

    As Mr. Detsky said, while these taxes may be dischargeable, the cost of doing so in the Bankruptcy is greater than the amount of the debt. You should contact the IRS or State Tax Authority and get on a payment plan. I'm going to assume this is an IRS debt. If so, under a Streamlined Fresh Start Installment Agreement, you can get into an Installment Agreement and take care of this for about $21/mo.

    4 lawyers agreed with this answer

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