Skip to main content
John P Fazzio III
Avvo
Pro

John Fazzio’s Answers

1,040 total


  • What happens if a house doesnt sell in aherrifs sale, is it still yours?

    My dad passed away 5 years sgo, his house is up for sherrifs sale dec 3. If it doesn't go then, is it still ours? The bank said we need to b out by then, n that they dont offer cash for keys and we are too late for an in leiu of the deed exchange....

    John’s Answer

    It is still your until the Sheriff's Sale actually takes place. You still might have some options to avert the Sheriff's Sale. For instance, have you used your two statutory stays that total 30 days? Cash for keys and a deed in lieu should still potentially be on the table. You should consult an attorney about this matter. If you can't afford a modification, have you tried listing the property with a realtor? There isn't a lot of detail here, but sometimes, even at this stage, something can be done. In either event you will not be kicked out right away when the Sheriff's Sale takes place and may have some additional time to take other measures.

    See question 
  • If a Plaintiff Amends a foreclosure judgment after 15 days of judgment do they need to set a hearing and serve defendant ?

    If a Plaintiff Amends a foreclosure final judgment after 15 days of judgment do they need to set a hearing and serve defendant a notice of hearing so they may attend the hearing ? If so , what if they do not give defendant notice of hearing or re...

    John’s Answer

    Under such circumstances the Court will not have a hearing and provide notice and an opportunity to contest.

    See question 
  • What is a reply in support of defendants motion.to lift a foreclosure stay What does this mean

    ThTh anh you

    John’s Answer

    When a motion to lift a stay is submitted, the other side may opposed the motion by way of a reply.

    See question 
  • What is the statute of limitations for recording a foreclosure judgment in Illinois?

    I had a foreclosure 3 years ago and ended up with a judgment. There has been no collection action yet. I'd like to know how long does the lender have to file for deficiency.

    John’s Answer

    I am not an Illinois attorney, but from what I understand, a judgment operates for a lien in Illinois for 7 years and may be enforced for payment for 27 years.

    See question 
  • How long does my previous apartment manager have to bill me for breaking my lease?

    I lived in Pennsylvania and had to relocate to New Jersey. I gave notification that I was terminating my lease in July and was told I was responsible for 60 days rent and a two month rent termination fee. I turned over my keys on September 22nd an...

    John’s Answer

    George has it right. You should write the landlord to document the issue.

    See question 
  • Suing my tenant but only have work address

    My tenant has moved out and caused damage to my property. I don't have his new address but I know where she works. I can sue her using her work address?

    John’s Answer

    The work address is proper for service purposes.

    See question 
  • How can I protect myself from losing money paid for repairs on a short sale before closing..

    I entered into a short sale agreement. The banks have already accepted my offer. However, my own agent is stalling the process. Several repairs needed to be made in order to pass an FHA appraisal. I offered to do these repairs at my expense. I ...

    John’s Answer

    You should have an attorney representing your interests. A short sale is great, but issues such as repairs, etc., should be required only with adequate protections in place.

    See question 
  • Sheriff's Sale

    What happens when there are several liens on a property and the property goes to a sheriff's sale? Do all the liens need to be satisfied at the sale? Is the new buyer expected to pay off all the liens? How do all those liens get paid off?

    John’s Answer

    Liens will be paid at Sheriff's Sale in order of priority. The new buyer gets clean title. The remaining liens become "unsecured" against the debtor.

    See question 
  • Do I have a right to a copy of a lease on a home that I co-own with a relative?

    It was rented without my signature or approval.

    John’s Answer

    More facts are needed. A lawyer should be able to help you to get a copy of the lease.

    See question 
  • Real estate tax payment dispute between buyer and seller

    Purchased property with 3 appts. in Trenton 5 mnths ago. At the time of closing title company did search and nothing came up. Now I received revised RET bills for 2014 and 2015 with explanation that properties were reassessed prior to me signing t...

    John’s Answer

    You should consult a local real estate attorney. It is unclear what is going on from your question and probably a lawyer would need to look at all the relevant documents to craft a meaningful response.

    See question