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Mr. John P. Fazzio III
Your NJ Foreclosure Defense Attorneys
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Biography
John Fazzio is an aggressive young trial lawyer who is a fierce advocate for his clients in and out of the courtroom. He lives for David and Goliath type contests. John is not afraid to go to trial and has gone all the way to verdict on varied cases including foreclosure, bankruptcy, tax, intellectual property, criminal, and personal injury. John has also prosecuted a number of appeals cases. John regularly practices in the State and Federal Courts in New York and New Jersey.
Practice Areas
- Foreclosure Defense
- Tax Law
- Business Taxes, Criminal Tax Litigation, Estate Tax Planning, Income Taxes, International Taxes, Payroll Taxes, Property Taxes, Sales Taxes, Tax Appeals, Tax Audits, Tax Planning
- Business Law
- Business Contracts, Business Dissolution, Business Finance, Business Formation, Business Litigation, Franchising, Mergers & Acquisitions, Partnership & Shareholder Disputes
- Trademarks
- Trademark Litigation, Trademark Registration
- Bankruptcy
- Chapter 11 Bankruptcy, Chapter 13 Bankruptcy, Chapter 7 Bankruptcy, Debt Relief
- Criminal Law
- Criminal Appeals, Drug Crimes, Expungement, Fraud, Gun Crimes, Internet Crimes, Sex Crimes, Theft, Violent Crimes
- Family Law
- Adoption, Child Custody, Child Support, Father's Rights, Guardianship & Conservatorship, Paternity, Prenups & Marital Agreements, Restraining Orders, Same Sex Family Law
Fees
- Free Consultation
- Credit Cards Accepted
- Contingent Fees
-
Rates, Retainers and Additional Information
Contingent (25%-33%), Fixed (Always), Free Consultation (60 minutes), Hourly ($125-$475/hour), Pro Bono (5%), Retainer (Sometimes)
Jurisdictions Admitted to Practice
- New Jersey
- New York
- Pennsylvania
- 2nd Circuit
- District of New Jersey Bankruptcy Court
- Southern District of New York Bankruptcy Court
- U.S. District Court, District of New Jersey
- U.S. District Court, Southern & Eastern Districts of New York
- U.S. Tax Court
Languages
- English: Spoken, Written
Professional Experience
- Managing Attorney
- Fazzio Law Offices
- - Current
- Represented individual and business taxpayers in tax controversy matters. Focus of tax practice is on serious tax delinquencies for high net worth individuals and businesses with revenues between $1MM and $50MM annually. Represent homeowners in Foreclosure Defense matters. Fazzio Law Offices defends contested foreclosure litigation matters for homeowners seeking to reduce the principal balance and interest payment on their loan and seek a favorable modification, and homeowners looking for an alternative financial solution to save the equity in their property. Fazzio Law Offices also prosecutes Consume Fraud Act cases in NY and NJ relative to predatory lending practices in loan origination, modification fraud, and other financial institution abuses. Fazzio Law Offices handles trial work in the State and Federal Courts in New Jersey and New York on a wide array of commercial litigation matters, including business divorce cases, intellectual property disputes, shareholder litigation, breach of contract actions, etc.
- Associate Attorney
- Law Offices of Donald G. Koch
- -
- Represented individual taxpayers and business in tax controversy disputes with the IRS and state taxing authorities. Prepared back tax returns. Prosecuted Offers-in-Compromise and Penalty Abatement applications for taxpayers. Negotiated Installment Agreements. Represented taxpayers in CDP Hearings. Prosecuted Tax Court Petitions. Defended taxpayers in IRS audits.
- Corporate, Tax, and Litigation Associate
- Archer & Greiner, P.C.
- -
- Worked as a business lawyer with expertise in the tax and intellectual property fields. Advised companies on mergers and acquisitions, divestitures, spin-offs, financing transactions, joint ventures and strategic alliances, equity and debt issues, and general corporate matters. Utilized a multidisciplinary tax knowledge to achieve the most tax-efficient structure for transactions. Advised companies on the federal income tax consequences of transactions. Regularly advised technology companies on license agreements, co-promotion and marketing agreements, R&D agreements, and other technology-driven transactions.
- Corporate, Tax, and Litigation Associate
- Scarinci & Hollenbeck, LLC
- -
- Concentrate on business law and commercial real estate. Worked on matters involving complex commercial transactions, mergers and accquistions, business restructurings and commercial finance, business formations, the purchase and sale of businesses, and various commercial real estate matters. Work on a variety of estate planning matters and intellectual property matters. Handled Tax Controversy matters for high net worth individuals and businesses in the $1MM to $50MM range.
- Law Clerk to the Honorable Frederick J. Schuck, J.S.C.
- New Jersey Judiciary
- -
- Performed legal research. Drafted bench memoranda, composed recommendations, and assisted Judge with suppression and pre-trial motions. Prepared jury instructions. Assisted with judicial management of the Court calendar, attorney conferences, scheduling orders, and miscellaneous court business.
- Student Assistant
- Brooklyn County Prosecutor's Office
- -
- Performed duties of a Student Assistant to prosecutors in the Appellate and Trial Team units. Negotiated pleas, sentenced defendants, and argued suppression motions. Argued weekly bail motion calendar.
- Legal Intern
- New York Stock Exchange
- -
- Intern
- Kings County District Attorney
- -
- Law Intern
- Bloomberg
- Intern
- New Jersey State Assembly
Education
- New York University School of Law
- LL.M. (2010) | Taxation
- Columbia Graduate School of Business
- Corporate Finance
- -
- Brooklyn Law School
- J.D. (2005) | Real Estate, Taxation, Corporate Law, Litigation, Criminal Defense
- Honors: Faculty Real Estate Award; Faculty Trial Law Award
- Activities: Moot Court Honor Society; Journal of Law and Policy
- The College of New Jersey
- B.S./B.A. (2002) | Business Management/English
Awards
- 10.0 Superb Rating
- Avvo
- Top Attorney in New York, New York
- Super Lawyers
- 2016 - 2020, 2022 - 2023
- Rising Star
- Super Lawyers
- 2014
- Top Attorney in Hoboken, New Jersey
- New Jersey Monthly
- Albert R. Mugel National Appellate Tax Competition Winner
- University of Buffalo Law School
- Coached winning team and secured a victory over all other competitors in arguing an appellate tax issue.
Professional Associations
- New York County Lawyer's Association
- Member
- - Current
- Activities: Criminal Defense Section
- Pennsylvania Bar Association
- Member
- - Current
- New Jersey State Bar
- Member
- - Current
- Activities: Young Lawyers Division
- American Bar Association
- Member
- - Current
- New York City Bar Association
- Member
- - Current
- Activities: Taxation Law Committee; Business Law Committee; Securities Regulation Committee
Publications
Articles & Publications
- New Jersey Raises Corporate Tax Rate to 2nd Highest in Nation, in Deal Averting Government Shutdown
- Fazzio Law
- Financial Innovation Patents: The Future of the Futures Markets, or Old Wine in New Bottles
- Southern Methodist University Science and Technology Law Review
- Pharmaceutical Patent Settlements: Fault Lines at the Intersection of Intellectual Property and Antitrust Law Require a Return to the Rule of Reason
- University of Florida Journal of Technology Law & Policy
Speaking Engagements
- Realty Transfer Tax, Accountant's Liability, and Intellectual Property Clauses in Contracts, Business Law Update for Accountants, Lyndhurst, NJ
- Scarinci & Hollenbeck, LLC
- Guardianship Proceedings in New Jersey, Protecting Your Home from Medicaid, Lyndhurst, NJ
- Scarinci & Hollenbeck, LLC
Legal Answers
2 Questions Answered
- Q. My house sold at for closure auction where can I get free help claiming the surplus funds?
- A: Once the Surplus Funds are deposited with the superior court, parties with an interest in those funds may claim them in a specified order. “Interests in, or liens or claims of liens against the property” at issue attach to the Surplus Funds “in the order of priority that it had attached to the property”. RCW 61.24.080(3).
Where Surplus Funds remain after payment of all junior lien holders, the owner of record at the time of the trustee’s sale may assert a claim in such Surplus Funds. See also RCW 61.12.150 (providing for disbursement of Surplus Funds following a judicial foreclosure).
A request for disbursement of Surplus Funds may be made at any time after the trustee’s sale, ... Read More
- Q. Delaying foreclsoure
- A: Tennessee law provides a right to reinstate and cure default before sale. You may be hitting a roadblock in that the bank is playing games by not recognizing the Power of Attorney, such that you may need to make a motion and bring the reinstatement before a judge.
"Reinstating" is when a borrower pays the overdue amount, plus fees and costs, to bring the loan current and stop a foreclosure. Tennessee, however, doesn't have a law that gives a borrower the right to cure the default and reinstate before the sale, unless the loan is a high-cost home loan. (Tenn. Code Ann. § 45-20-104). But the loan contract might provide time for the borrower to complete a reinstatement.
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