John P Fazzio III’s Answers

John P Fazzio III

Mahwah Foreclosure Attorney.

Contributor Level 16
  1. Mortgage broker negligently handled my loan causing financial damages. Can I sue him for damages? Do I need to hire an attorney?

    Answered over 2 years 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

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

    Answered over 2 years 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

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

    Answered over 2 years 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

  4. Release of lien of a mortgage (when another mortgage company bought it) was sent to the wrong county.

    Answered 29 days ago.

    1. Jeffrey Jay Brookner
    2. John P Fazzio III
    3. Richard Glenn Elie
    3 lawyer answers

    You can re-file the release of lien in the proper county. GMAC's assets were acquired by Ally and then Ocwen. Ocwen can help you to get the lien removed properly (assuming they were the final lender when the property came to rest).

    3 lawyers agreed with this answer

  5. My house is being sold at auction today. How long after the sale can I remain on the property? I am in the process of packing

    Answered 6 months ago.

    1. Barry W. Rorex
    2. John P Fazzio III
    3. J Todd Murphy
    3 lawyer answers

    Generally 2-3 months is a good guess. But every case is different. The Sheriff will give you between 3 weeks and 2 months notice of when you must vacate. It is not clear that the bank has done the necessary legwork to try to evict you. If they have a Writ of Possession and chose to go forward with a Sheriff's Sale, they may need to take additional steps to evict you. Call the Sheriff and ask if they have received paperwork from the bank relative to reclaiming possession of the property...

    3 lawyers agreed with this answer

  6. What is the legal definition of a dependent ?

    Answered about 1 year 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

  7. Taxes were taken out of my husbands pay check every week, we find out that the IRS was never paid. How can we clear this up?

    Answered over 1 year ago.

    1. John P Corrigan
    2. Anastatia Quirk Ellis
    3. Steven M Zelinger
    4. John P Fazzio III
    4 lawyer answers

    You may have a very serious problem on your hands. First, it is unclear whether your husband owes taxes for unpaid income tax, or for unpaid employment taxes, or both. As a partner, he would be a responsible person for unpaid employment taxes that should have been withheld from both partners pay. You need a tax lawyer. The district attorney won't be much help here. This is an IRS issue and that lien will not be removed until something is worked out with IRS. You should get a tax attorney...

    3 lawyers agreed with this answer

  8. Civil matter pro se litigant

    Answered almost 2 years ago.

    1. Stephen Richard Markman
    2. John P Fazzio III
    3. Susan Pernick
    4. Michael T. Graves
    4 lawyer answers

    You are correct that you have 30 days from entry of the decision to file a motion to re-argue under CPLR 2221(d)(2), but this only applies so long as the decision was on a motion of one of the parties. I've attached a decision for your review that discusses the applicable legal standards. I hope this helps.

    3 lawyers agreed with this answer

  9. I'm receiving workers compensation benefits and was baby sitting for 7months can i file income taxes?

    Answered about 2 years ago.

    1. John P Fazzio III
    2. Dana Whitney Atchley
    3. Charles Joseph Michael Candiano
    3 lawyer answers

    I agree with Mr. Candiano. Under Federal Law, (IRC Sections 104-106) any payments in the nature of damages received for injury to the person, under worker's compensation, health insurance, or through a court award, are excluded from your Gross Income. In layman terms, you don't owe tax on the Worker's Comp.

    3 lawyers agreed with this answer

  10. I live in a house that is in my ex husbands name. He hasn't paid the mortgage in 3 years,.

    Answered about 2 years ago.

    1. John P Fazzio III
    2. Ksenia V Proskurchenko
    3. Adam Lefkowitz
    4. Diane L Drain
    4 lawyer answers

    You may be getting an eviction notice if the foreclosure was completed and the bank now owns the property. After 3 years, that is a real possibility. You really need to know the status of your foreclosure matter. Has the bank filed a Complaint? Did they get Summary Judgment? Have they filed for or completed a foreclosure sale? The answers you seek are in the paperwork, which may be in your husband's possession. This is a complex issue and you really need a local attorney to guide you...

    3 lawyers agreed with this answer

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