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John P Fazzio III
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John Fazzio’s Answers

754 total


  • Help! I am being foreclosed on by both judicial and non-judicial foreclosure simultaneously??

    The bank filed a Notice of Default on January 2nd, charged me over $10k in Trustee fees (Interestingly the Bank Owns the Trustee Company). Then 22 days later they filed a judicial foreclosure lawsuit against me. I have paid almost $100k in litigat...

    John’s Answer

    Right. You need an attorney to protect your rights. Find someone local in California who specializes in foreclosure. Who have you paid litigation costs to? Sounds like you will have to defend in both forums. Seem to be separate defaulted debt obligations both collateralized by the property.

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  • I need help with probate, foreclosure on family home because taxes were not paid by sibling. I live in MD he lives in Ohio

    Father passed 2 years ago, brother lives in family home in Ohio. Both our names are on the home. Foreclosure papers were filed because the taxes were not paid, $14000.oo. Brother will not contact me. He owes me 10 months rent. I need to answe...

    John’s Answer

    Find a local Ohio attorney who specializes in Trusts and Estates. If the home was an asset of the estate and he had some obligation to your father to pay rent/taxes, you're going to need to investigate and prove that.

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  • How can I remove a co-signer from my deed using a quit claim deed? What codes do I need to use? Will excise tax be exempt?

    I know they will still be on the loan but just to protect myself I want to said person from the deed and they are willing to sign. I just need to now how to write it. Thank you

    John’s Answer

    You should consult a local trusts and estates attorney about this. This is not something you should be trying to do on your own.

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  • Can sibling sister(executor and brother co exec) execute request rent from me/reside in moms home for 23yrs/paying bills/taxes.

    Mother passed in Mar 15/rdg of will,mother executed in will to sell home. She was on deed/no changes.Siblings had not known of my desire to purchase home until read of will. May 15. Lawyers instructions:is goodthing/prevent vandalism/theft./I cont...

    John’s Answer

    I think you need to see a local estates and trust lawyer to assess the best action to take under the circumstances. I for one am not able to discern what is really going on from this convoluted factual scenario with enough clarity to offer any salient advice.

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  • If Dr in-network, can he submit med claim via billing supplier using out-of-network tax ID & then balance bill w/o disclosure?

    The doctor I used was an in-network provider per my health insurance website. He never disclosed that he was going to submit his claim to my insurance company using his billing company's tax ID which is out of network. His billing supplier now ...

    John’s Answer

    What is the tax consequence to you? I am not clear on exactly what you are asking with regard to how you are being effected.

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  • Is it legal to have money deposited into your childs minor bank account and use tbeir credit card to avoid paying taxes?

    My mom is unemployed and her father, my grandfather gives her 500 a week. However he deposits it into my brothers account who is under 18 making it a minors account. She proceeds to use his card to make purchases to avoid taxes on her adult account.

    John’s Answer

    The key sentence here is "avoid paying taxes". If you think you owe taxes and that you can take some action to avoid them, you are wrong. That is called tax fraud.

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  • Is a losing party entitled to receive the materials for which the court has taxed cost upon payment?

    When the costs are taxed against a losing party in a federal litigation, is the party against whom the cost is taxed entitled to a copy of the materials for which cost was taxed? The court taxed cost against a plaintiff in a civil case after the d...

    John’s Answer

    This really depends on local law, custom, etc. You should consult a local litigation attorney.

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  • I am on 5 years probation for Felony tax fraud and evasion. I am in low intensity case load. Can I travel internationally?

    Any countries that are easier/harder to gain access to? I know some countries are harder with a criminal record than others. Just looking to travel as its something I have done little of in life to this point.

    John’s Answer

    It is up to your probation officer. Do you have a restitution order? You should consult a criminal attorney and/or a local tax attorney, but really it is a discussion between you and your probation officer.

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  • Can a lawyer reinstate foreclosure if I've paid all back mortgage payments and taxes?

    If a lawyer withdraw foreclosure and give me more time to pay fees but I've paid all back mortgage payments and taxes can they reinstate foreclosure?

    John’s Answer

    Yes. They can reinstitute the action if you are in default of your payment obligations under the note. However, if you have "reinstated" by curing the default of all missed mortgage payments and fees, as well as taxes, they would need some other basis for defaulting you and seeking foreclosure and would have far weaker grounds to do so.

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  • Should i get a break in child support payments if ex claims both children for taxes?

    Ex claims both children as dependents and as credits for income tax purposes ... should i see a reduction in child support that i pay to balance this out?

    John’s Answer

    This is a family law question. Alimony though is not taxable to the payor, but solely to the payee for federal tax purposes. Child support is taxable to you. If the support order allows her to claim credit for the children for tax purposes, then that is a problem for you, since you are paying the child support. As a practical matter, the IRS doesn't care what the support order says. If the children reside with her primarily, she probably gets the credits. You need to go over all this with your family law attorney.

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