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Mr. John P. Fazzio III Esq.

Mr. John P. Fazzio III Esq.

Your NJ Foreclosure Defense Attorneys
  • Foreclosure Defense, Tax Law, Business Law ...
  • New Jersey, New York, Pennsylvania
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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
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New York
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Pennsylvania
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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
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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.
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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
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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
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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
Burlington County Prosecutor's Office
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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.
Education
New York University School of Law
LL.M. (2010) | Taxation
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New York University School of Law Logo
Columbia University
MBA (2005) | Corporate Finance
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Brooklyn Law School
J.D. | Real Estate, Taxation, Corporate Law, Litigation, Criminal Defense
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Honors: Faculty Real Estate Award. Faculty Trial Law Award.
Activities: Moot Court Honor Society. Journal of Law and Policy.
Brooklyn Law School Logo
Awards
Rising Star
Super Lawyers
Real Estate Prize
Brooklyn Law School
Awarded by Brooklyn Law School faculty for student showing the most promise in the practice of Real Estate Law.
Trial Advocacy Prize
Brooklyn Law School
Awarded to students showing the greatest promise in trial advocacy out of the graduating class.
Winner
Albert R. Mugel National Appellate Tax Competition
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
- Current
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New Jersey State Bar
- Current
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Publications
Articles & Publications
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
Business Law Update for Accountants, Lyndhurst, NJ
Scarinci & Hollenbeck, LLC
Protecting Your Home from Medicaid, Lyndhurst, NJ
Scarinci & Hollenbeck, LLC
Videos
Servicers and banks routinely deny loss mitigation to homeowners who qualify due to claims that: (1) the loss mitigation application is incomplete; (2) documents are illegible; (3) signatures are missing or faded; (4) the 4506-T was not included; or (5) bank statements need to be updated. If you are getting stuck in bank red tape you may need a helping hand to get your modification application reviewed so you can get your loan back into good standing. https://njforeclosuredefenseattorneys.com/ 5 Most Common Reasons for Loan Modification Denial - And How to Fix Them

Servicers and banks routinely deny loss mitigation to homeowners who qualify due to claims that: (1) the loss mitigation application is incomplete; (2) documents are illegible; (3) signatures are missing or faded; (4) the 4506-T was not included; or (5) bank statements need to be updated. If you are getting stuck in bank red tape you may need a helping hand to get your modification application reviewed so you can get your loan back into good standing. https://njforeclosuredefenseattorneys.com/

Answering a Foreclosure Complaint buys you time. The foreclosure timeline is extended by 6-18 months simply by filing an Answer. This is time to modify or refinance your loan. Time to look at other financial options like a short pay or hard money loan. Time to list the property and do a short sale to preserver your equity if home retention is not an option. Time changes everything. https://njforeclosuredefenseattorneys.com/ Answer the Foreclosure Complaint

Answering a Foreclosure Complaint buys you time. The foreclosure timeline is extended by 6-18 months simply by filing an Answer. This is time to modify or refinance your loan. Time to look at other financial options like a short pay or hard money loan. Time to list the property and do a short sale to preserver your equity if home retention is not an option. Time changes everything. https://njforeclosuredefenseattorneys.com/

When choosing a Foreclosure Defense Lawyer, consider: Value - focused on your outcome, experienced in foreclosure (not just BK) Results - familiar with loan modifications, real estate sales, and re-financing Approach - loan modification experience or curating a short pay/sale is key Personality Fit - you need to speak the same language / you can talk to them Cost & Budget - Cost vs. Value - don’t be pennywise and pound foolish https://njforeclosuredefenseattorneys.com/ Choosing the Right Foreclosure Defense Attorney in New Jersey

When choosing a Foreclosure Defense Lawyer, consider: Value - focused on your outcome, experienced in foreclosure (not just BK) Results - familiar with loan modifications, real estate sales, and re-financing Approach - loan modification experience or curating a short pay/sale is key Personality Fit - you need to speak the same language / you can talk to them Cost & Budget - Cost vs. Value - don’t be pennywise and pound foolish https://njforeclosuredefenseattorneys.com/

Foreclosure Litigation starts with Answering the Foreclosure Complaint. Often you are not arguing the bank lacks the "right to foreclose" but rather that they have violated your rights and failed to consider alternatives to foreclosure. You have a right to loss mitigation review and should assert all your rights and every defense available to you to ensure that you keep your home. https://njforeclosuredefenseattorneys.com/ Foreclosure Litigation: Fighting Back to Save Your Home

Foreclosure Litigation starts with Answering the Foreclosure Complaint. Often you are not arguing the bank lacks the "right to foreclose" but rather that they have violated your rights and failed to consider alternatives to foreclosure. You have a right to loss mitigation review and should assert all your rights and every defense available to you to ensure that you keep your home. https://njforeclosuredefenseattorneys.com/

Short Sale: Call the Bank's Bluff w/ a Short Sale. A Short Sale is where you offer the bank that you will sell your home, but will pay them less than what you owe on the mortgage. For instance, if you owe $1,500,000 but can only pay the bank $800,000 because the property is only worth $1,000,000 and you have Closing Costs and other liens to pay first. https://njforeclosuredefenseattorneys.com/ Foreclosure? Call the Bank's Bluff w/ a Short Sale

Short Sale: Call the Bank's Bluff w/ a Short Sale. A Short Sale is where you offer the bank that you will sell your home, but will pay them less than what you owe on the mortgage. For instance, if you owe $1,500,000 but can only pay the bank $800,000 because the property is only worth $1,000,000 and you have Closing Costs and other liens to pay first. https://njforeclosuredefenseattorneys.com/

Loan modifications are a type of loss mitigation. The modification reduces your monthly payment to an amount you can afford. The components of your mortgage payment are principal, interest, property tax & insurance, and the term. Loan modifications can work in a number of ways by reducing the interest rate, extending the term, and in some cases deferring principal or making a partial claim for principal reduction. https://njforeclosuredefenseattorneys.com/ Get a Loan Modification You Can Afford

Loan modifications are a type of loss mitigation. The modification reduces your monthly payment to an amount you can afford. The components of your mortgage payment are principal, interest, property tax & insurance, and the term. Loan modifications can work in a number of ways by reducing the interest rate, extending the term, and in some cases deferring principal or making a partial claim for principal reduction. https://njforeclosuredefenseattorneys.com/

Answering a Foreclosure Complaint buys you time. The foreclosure timeline is extended by 6-18 months simply by filing an Answer. This is time to modify or refinance your loan. Time to look at other financial options like a short pay or hard money loan. Time to list the property and do a short sale to preserver your equity if home retention is not an option. Time changes everything. https://njforeclosuredefenseattorneys.com/ How to Draft an Answer to a Foreclosure Complaint

Answering a Foreclosure Complaint buys you time. The foreclosure timeline is extended by 6-18 months simply by filing an Answer. This is time to modify or refinance your loan. Time to look at other financial options like a short pay or hard money loan. Time to list the property and do a short sale to preserver your equity if home retention is not an option. Time changes everything. https://njforeclosuredefenseattorneys.com/

In New Jersey a foreclosure case takes between 6-18 months from the time a Foreclosure Complaint is served. Many homeowners imagine losing their homes and a Sheriff's Auction taking place in weeks or months, but that is not the case. There is plenty of time to get reviewed for a modification, contest the foreclosure, demand discovery and payoffs from the bank, and explore options to save your home. https://njforeclosuredefenseattorneys.com/ New Jersey Foreclosure Timeline

In New Jersey a foreclosure case takes between 6-18 months from the time a Foreclosure Complaint is served. Many homeowners imagine losing their homes and a Sheriff's Auction taking place in weeks or months, but that is not the case. There is plenty of time to get reviewed for a modification, contest the foreclosure, demand discovery and payoffs from the bank, and explore options to save your home. https://njforeclosuredefenseattorneys.com/

Proactive borrowers can ask their Lender or Servicer to take advantage of forbearance and deferral options to avoid default or negative credit remarks, so they can qualify for a traditional re-finance. Borrowers with positive equity in appreciating markets can sometimes attract a Hard Money Lender or get a Foreclosure Bailout Loan to stop the current Lender from defaulting them or initiating foreclosure and can thereby get out of hot water. https://njforeclosuredefenseattorneys.com/ Refinancing Out of Foreclosure

Proactive borrowers can ask their Lender or Servicer to take advantage of forbearance and deferral options to avoid default or negative credit remarks, so they can qualify for a traditional re-finance. Borrowers with positive equity in appreciating markets can sometimes attract a Hard Money Lender or get a Foreclosure Bailout Loan to stop the current Lender from defaulting them or initiating foreclosure and can thereby get out of hot water. https://njforeclosuredefenseattorneys.com/

A short pay occurs when the market value of a property is not enough to cover the mortgage or loan secured against that same property. In essence, the bank or lending institution will be forced to accept a payment that is significantly lower than the total amount owed by the property owner. https://njforeclosuredefenseattorneys.com/ Short Pay - Getting Your Note Stamped "Paid-in-Full" for Less Than You Owe

A short pay occurs when the market value of a property is not enough to cover the mortgage or loan secured against that same property. In essence, the bank or lending institution will be forced to accept a payment that is significantly lower than the total amount owed by the property owner. https://njforeclosuredefenseattorneys.com/

Answering a Foreclosure Complaint buys you time. The foreclosure timeline is extended by 6-18 months simply by filing an Answer. This is time to modify or refinance your loan. Time to look at other financial options like a short pay or hard money loan. Time to list the property and do a short sale to preserver your equity if home retention is not an option. Time changes everything. https://njforeclosuredefenseattorneys.com/ Stop Foreclosure - Be Part of the 6% Who Fight Back

Answering a Foreclosure Complaint buys you time. The foreclosure timeline is extended by 6-18 months simply by filing an Answer. This is time to modify or refinance your loan. Time to look at other financial options like a short pay or hard money loan. Time to list the property and do a short sale to preserver your equity if home retention is not an option. Time changes everything. https://njforeclosuredefenseattorneys.com/

It feels like everything is lost. And you don’t know how you got here. Everything was going well. Then the economy went on the skids, the housing bubble started to burst, and suddenly, your house wasn’t worth what you paid for it. But, it was ok, things would rebound. You just need to ride it out. Work isn’t going well. You aren’t making your numbers. No one is buying. You start missing a few bills. Past due notices keep coming in. https://njforeclosuredefenseattorneys.com/ What Foreclosure Is Like - And Why Your Home is Worth Fighting For

It feels like everything is lost. And you don’t know how you got here. Everything was going well. Then the economy went on the skids, the housing bubble started to burst, and suddenly, your house wasn’t worth what you paid for it. But, it was ok, things would rebound. You just need to ride it out. Work isn’t going well. You aren’t making your numbers. No one is buying. You start missing a few bills. Past due notices keep coming in. https://njforeclosuredefenseattorneys.com/

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, upon 20 days’ notice, by a written motion and a hearing in the superior court for the county in which the Surplus Funds were deposited. See RCW 61.24.080(3); RCW 61.12.150.
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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Contact & Map
FAZZIO LAW OFFICES
5 Marine View Plaza
Ste. 218
Hoboken, NJ 07030
Telephone: (201) 529-8024
Fax: (201) 529-8011
Monday: 8:30 AM - 5:30 PM
Tuesday: 8:30 AM - 5:30 PM
Wednesday: 8:30 AM - 5:30 PM
Thursday: 8:30 AM - 5:30 PM
Friday: 8:30 AM - 5:30 PM
Saturday: Closed
Sunday: Closed (Today)
FAZZIO LAW OFFICES NY
305 Broadway
7th Fl., Ste. 19
New York, NY 10007
Telephone: (201) 529-8024
Fax: (201) 529-8011
Monday: 8:30 AM - 5:30 PM
Tuesday: 8:30 AM - 5:30 PM
Wednesday: 8:30 AM - 5:30 PM
Thursday: 8:30 AM - 5:30 PM
Friday: 8:30 AM - 5:30 PM
Saturday: Closed
Sunday: Closed (Today)