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John P Fazzio III
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John Fazzio’s Answers

869 total


  • I have a usda loan on my home. Can I rent the home as long as the monthly mortgage payment is made?

    I had the house for sale but it fell through because of requirements on buyers.

    John’s Answer

    David's answer is good, but I would add one thing. From what I understand, the USDA loans available in rural agricultural areas usually actually require permanent occupancy. You really need to check your loan documents.

    Now, if you are only renting part of the home, I would think you are safe. But, to rent all of it and live elsewhere is probably a breach of your loan documents.

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  • Where do I file a surplus monies motion in buffalo ny?

    A friend claim my deceased fathers foreclosed home my have surplus acclaimed money.

    John’s Answer

    As Amil said, this will be filed in the Eerie County Clerk's Office.

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  • I would like to know if I have to pay capital gains on the sale of a house that my name was recorded on as one of the owners.

    In 2002 my parents created a Life Estate naming the 5 children as co-owners of their house. In 2006 my mother passed away and in March of 2015 my father fell and had to be put into a nursing home where he subsequently died in July 2015. Before he ...

    John’s Answer

    This is an interesting question and I would actually have to do some research. I think from a tax perspective the rules divide the tax attributes between all of the owners. Thus, only a tenant can take advantage of the principal residence exemption and only to the extent of their share. I'm not 100% sure as between the Life Tenants and the Remainderman how you divide the gain. But, I think you will certainly have to pay capital gains on your portion and I do not think you can claim the principal residence exemption. You need a competent local tax attorney or tax accountant to assist you. This is not a cut and dry black and white issues. There are some different possible ways to reflect the transaction and you need advice before you proceed.

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  • My husband refuses to file tax refund for 2014.and extended it, the College is asking me for 2014 transcript. for FAFSA

    Im not working but I file with my husband the tax jointly. this year he's refusing to file on time to cause me the delay for my studies. I filed FAFSA online but my husband refuses to file the 2014 tax. I don't work I dont; know what to do?

    John’s Answer

    Right. I agree with Heather and Angelo. There is no way to force someone to file or to file jointly. You could go online and file Married Filing Separate to get a transcript for FAFSA purposes.

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  • Declaratory complaint filed and never served in California. Coercive complaint filed a week later in NY. Which goes forward?

    Declaratory complaint filed in CA but not served. NY coercive action filed and served shortly after. Does first to file apply if not served or does NY action go forward because first CA not served first. Can NY court dismiss anticipatory suit?

    John’s Answer

    Each court determines if they will hear a suit based on principles of conflict of laws, general jursdiction, etc.

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  • Need clarification on the rules governing being served divorce papers I have not been officially served

    Can someone please clarify it's my understanding that when you petition for divorce the respondant must be served and within a specific time allotment. When you look online at my divorce and the actions by the court this is the info showing 7/2...

    John’s Answer

    Once you Answer there is no need to serve you because you have accepted the Court's jurisdiction and acknowledged notice of the action.

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  • The original deed deposited with Clerk of Court according North Carolina General Statues 1-291 during Appeal pending.

    The judgment entered by the judge to transfer the deed from the other party to me within 30 days. But opposing party filed an Appeal to Judge's order. The opposing lawyer sent a letter to the Special Proceeding with the attached deed of signed ori...

    John’s Answer

    Once the mandate issues you should receive your deed.

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  • Santa Clara County Question for civil case service

    Can you file proof of service before serving? The plaintiffs file a case, and same day filed proof of service on 7/30. The service was by mail. The mail is stamped 7/31. Does this benefit me in court in any way? They can't file proof of ser h...

    John’s Answer

    Right. As Robert said, you have to actually accomplish service before verifying proof of service.

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  • Civil case, business related. I filed a motion and it had to be 16 days service notice I should give...but it's 15 bus days...

    So opposing party is wasting my time. They are saying improper service because they didn't get 16 business days. 1 day short, it will 15 days. This is in Santa Clara court. Can I just change the court date and give them extra few days? Or wil...

    John’s Answer

    Set it for the next motion date out, and give them the required amount of time. Otherwise you'll end up with adjournment requests and delay anyway.

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  • The Trademark Trial and Appeals Board stated that the court had taken "Judicial Notice" of a particular definition of lollipop..

    In Re Paul Leonhardt, the TTAB stated that they took "Judicial Notice" of a particular dictionary definition of the term lollipop. Does this mean that the definition used in that case can be cited with legal authority? This case itself is preceden...

    John’s Answer

    Judicial notice just means that the judge is recognizing something that is not being debated in the case. There are evidentiary rules as to what categories can be subject to judicial notice.

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