Yeah, rip D news needed by, so you don't have come running sious
as fast as we can. Shooter's gonna help coming. Man Dix is the
Troubleshooter Show. No Tom Martino, Hi, Tom Martino here, Welcome to
the show. Three O three seven one three talk three oh three seven one
three eight two five five. Here to help you solve your problems, answer
your questions, take your complaints, and make your life just a little easier
as I've been doing for forty five years. Here, so welcome. We
have Mike Wink with us from Wink and Wink. Long time No see who
Actually I see him at the gym and Mike is a bankruptcy attorney. There
was a time that Mike was on every other day because bankruptcy was so so
plentiful, you know from I think what my two thousand and eight to twenty
twelve, and then again in the mid teens and what is it doing right
now? Yeah? Yeah, those were the salad days back then. But
you know, I thought COVID would be a boon for debt relief, but
all the stimulus really actually people were able to pay down debts. So it's
now coming back to kind of where it was in around twenty nineteen, so
it's more of a regular level of debt relief. And you know, within
that, I'd say a small business is the one area where we see maybe
a spike that some of the effects of COVID are starting to catch up with
a lot of those small business owners. And the SBA loans that people took
out, like a lot of restaurants are all businesses. A lot of businesses,
restaurants, contractors, I mean, auto repair, all kinds of stuff.
But the reality was that you know, business kind of tanked and people
took out loans to get through, and they probably couldn't have serviced those loans
even before, and so now it's just you know, coming to the end
of their rope. We're seeing a lot of that. Now, let's talk
about bankruptcy. I just want to talk about this. Every time I talk
about it, I get all kinds of mixed emails and texts. By the
way, you can text the show five seven, seven thirty nine. Let
me just put it out there. Okay, here's my disclaimer. I mean,
no one wants to see anyone do a bankruptcy, and people say the
stupidest thing I think I have ever heard in my life is that bankruptcy costs
all of us. Now, I'm not trust me. I'm not talking about
liars and cheets and ripoffs who get money knowing they're going out of business and
then go out of business and then try to cheat the system. We're not
talking about that. Let's talk about legit bankruptcy. Why why was there a
bankruptcy law to begin with? Why is there? People say bankruptcy hurts the
economy. I'm going to make the argument that legit bankruptcies, when done properly
and for the right reason, helped the economy. And I'm going to go
back to Spock on Star Trek. One time, Spock on Star Trek said,
when the many helped the few, or the few help the many?
And I'm gonna I'm gonna tell you what I mean. When someone is in
debt and they're working their ass off for the few because they got into debt.
Sometimes they were stupid, sometimes medical bills sometimes whatever. We've all seen
that happen. Where you get debt. Okay, Now, when one person
or two people, a small group of people, let's call them debtors,
are in servitude to creditors, a small group of creditors, that money is
no longer circulating in the economy. I'm talking about economics. Now, I'm
not talking about morality, I'm not talking about your opinion. I'm talking about
economic facts. So when you have many, many dollars going to a few
creditors, it is the government at one time saw that this was folly and
that theoretically these people could be in that servitude for fifty or sixty years and
basically their lives. So you're taking people out of the economy. Another thing
was if somebody swung for the in baseball, they swing for the fences for
the home runs, and they go into business thinking they're going to do great
things and they intend to and they don't do they deserve a life sentence.
So the point was the government said, what we should do is mimic.
Basically, whether you like this or not, this is what happened. They
mimic the jubilee laws from the Bible. That's what bankruptcy laws mimic, meaning
that they took it from slaves back in Biblical days were freed at a certain
time. I believe this every seven years, and or the were forgiven in
every forty nine years. They were fleed from savory. But whatever in case,
it went back and people thought, if we give people a fresh start,
now those dollars that were limited to a small group of people can now
go back into circulation. They can start buying cars again, they can start
buying food, they can start buying going to restaurants and being real people again.
Now, does that mean it's a good thing that these people lost and
did not pay. No, But it's a reality. And so what they
saw was that if done properly. Now again, that's why we have trustees
and laws. I'm talking about properly executed bankruptcies, when done properly, was
a stimulus to the economy, not a not a roadblock, not a hindrance.
It didn't raise taxes. But Mike, again, I'm not defending bankruptcy
because bankruptcy is what it is. It's a reality, and the government did
it for a reason. But don't you hear a lot of stupid things about
bankruptcy. Now, now we're again we're not talking about liars, cheats and
ripoffs. Ever, We're talking about people who have just gotten themselves in a
pinch. Do you hear a lot of stupid things? Ever? At a
cocktail party. When you talk about being a bankruptcy attorney, so many,
so many, and I think the biggest is the impact on credit, right,
which is a very real thing. Right, It does impact your credit
negatively, But people have this view that you know, I'm dead forever and
you are not. And you know, within a couple of years, two
to three years from filing bankruptcy, you can have a seven hundred credit score
and be eligible for a mortgage. And for many people in debt, that
is the fastest path to rehabilitating credit that exists. Now, I want to
mention, do you hear stupid things though about how it hurts peep, how
it hurts the taxpayer, or how it hurts the government, or how it
hurts business. Absolutely absolutely, and your I thought your little preamble there was
perfect. You hit all of the points right. The fresh start let someone
get back into the economy so that they can contribute to demand, right and
rather than rather than pay back debt. And it also, as you said,
enables and encourages entrepreneurial risk, which is an also an engine of growth
in the economy. So I agree. I think that that those parents are
about engineered bankruptcies. Mike, I know that if you saw someone come in
and say, wink wink, Oh God, no top pun intended. But
Mike, listen, man, you know I got these this money, I'm
gathering this money, and I just want to I want to ace out of
here. I want to get away with it. I mean, no,
how many, truly, Mike, and beat beat beat, be very straight
in all of your years, how many clients we're trying to get over on
somebody? I mean, probably some, but what person I'm going to say
one percent or less? And I would go even beyond my clients. Right,
Let's say I've done thousands and thousands of free consultations, and it's so
rare that I meet someone and I have met them where you kind of wonder
how long they've been gaming this and planning this, and and you can't trust
them. And I don't take those cases to the extent I can see it,
sure, you know, because I don't need well, I don't need
to and I don't want to. I mean, you know, I got
in this to help people, not facilitate fraud or right exactly exactly. So
anyway, I appreciate that if anyone has discussions on creditors, debt, settlement,
bankruptcy. Let's talk about it openly and honestly. I've known Mike for
many, many years and the Wink Law firm, so really and truly we
have a it's a tool, right, it's a tool. And also we
can talk about ways to increase and help credit. And also Jack your turn,
real quick, let's start with you, Jack. What's going on?
Hello? Jack? Yes, sir Jack, Jack, apparently we just lost
some Let me try to get him back. Okay, that's okay. Three
h three seven one three talk Naomi. Let's start with you. What's going
on? Naomi? Hi, Tom, thank you for taking my call.
I'm disabled and there's something is going on with my car and I don't really
know what it is. And well, tell me about your car. What
is it? It's a twenty thirteen Dodge Journey. How long have you had
it? Oh, gosh, we bought it. I'd say mid February of
twenty nineteen, something like that. Okay, Now, what are the So
when you say you're having problems, are we talking about the way it's acting.
Yeah, just kind of like the way it's a driving. How many
miles on it when I come? Oh? Let's say one hundred nineteen thousand,
eighteen. Have you ever had trouble before? No, not really,
it's she's run like a dream. I want you to hold on. We're
going to get one of our experts on after the break. I want to
do that. And by the way, today is a CLIPS day now.
I went to the last eclipse, I believe it was twenty seventeen. It
was pretty damn cool, and I really wanted to go this year. Things
did not work out, and the weather did not is not cooperating either along
the route nor in the area I wanted to go because I didn't want to
fly all away, you know, to the Midwest, I mean way over
to the east. Even so, it didn't work out, but I imagine
there's gonna be a lot going on today with the eclipse. We got more
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three all three seven to seven to one help. You'll think you're his only
customer when you Chew's Frank durand the real estate Man dot com to list your
home with Remax Alliance three oh three nine two zero sixteen twenty two. Hey,
I'm Tom Artine, Welcome to the show. Three oh three seven one
three talks seven one three eight two five five one. Clear Choice Garage Doors
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if you need it for emergencies one Clear Choice Doors dot com. Hey Jack
is back Jack? What's going on? You got and I'm going to bring
up I want to get one of our experts, Kachina for this Dodge journey
for Naomi, like we promised, Let's try to get Kevin or or let's
get whoever we can get Jess. Maybe we can get Romando. He hasn't
been on yet. Jack what's going on? Ahead? Tom? How'd you
doing? What's happening? Man? So that's a year ago. First of
all, the sud prefaces, we're saying that I had an illness. I'm
in roommission. What kind of illness? Jackie? I haven't called the rectal
cancer? Matt K How are you doing? I'm fine? Now? When
did you have that illness? Well? I was let's say I was diagnosed
in September of twenty eighteen, so I went through four months, it came
out, and then six weeks iradiation. Was it stage four? It was
actually stage three? How are you doing? You're doing okay? I'm doing
all right. The problem is that I don't I don't know what do you
have any experienced through as chemo or have talked to people that have taken came
out, But you have to basically rebuild your personality or the way you're right,
the way you do things. It takes well, it does you know
what if Jack? It does take a toll on people, and depending on
the chemo, it has different effects on different people. So for you,
is that what we're talking about now? Where it because you had an issue
with a contractor? But I think you're trying to make a case that you
were doing something with a contractor and you were kind of diminished capacity exactly.
So one year ago, what happened? You hired a contractor? I hired
Patrick's Silva. Ko'spatrick's Silva. He is five Star Restoration and Construction up here
in Fort Cones. Okay, So here's what I want to know, far,
Why did you hire them? What happened? I have a jacuzzi that
I bought from a couple in Levelands some years ago. But did you do
I just need to know this instead of the whole story about the jacuzzie.
Did you hire five star for a restoration or for an elective construction? It
was a restoration of them upstairs bathroom of that chacuzzi. Okay, that's what
I mean. You didn't have like a fire or a flood or anything like
that nop okay. So you hired him to put the jacuzzi tub in the
upstairs bath? Yep, okay, So what what went wrong? I never
heard a word from multiple phone calls. Paid. Wait a minute, did
you pay anything up front? Yep? Got I paid half? I paid
twenty four man? You paid how much? Twenty four hundreds? What was
the promise? What was the promise? Promise? Promise? Well, we
agreed that he wouldn't stall it plummet, but a new switch I don't know,
you know, the whatever it's called to turn on the shower in the
bath, as well as why did you pay twenty four hundred upfront? That
was the deal he needed? Well, that's the deal that you made.
But I want to tell people that is never the deal. I mean,
that is a deal for a lot of people, but that's never There's no
reason ever ever to pay half upfront. What it means is a contractor doesn't
have credit or a wherewithal to order equipment. They also don't know how to
put liens on houses, so they don't know what they're doing because they're afraid
if you don't pay, what are they going to do? So they want
to collect twenty four hundred, and unfortunately, many times when these clowns played
twenty four hundred, they're already in debt to someone else that they took money
from and did not finish. So you paid half upfront, and that's the
simple story. You paid half upfront twenty four hundred bucks and got nothing in
return. Is that true? That's correct? Okay? Do you have the
proper contact information for this guy? Does he ever return a call, an
email, or anything? And in my research, I've found multiple people that
he's ripped off. Okay, multful people that he's ripped off. You know,
twenty four hundred dollars is not a fortune to me. Yeah, but
listen, under the Contractor's Trust Act, this guy needs to be prosecuted.
Do you have real victims that he has ripped off? I have. What
I have are reviews from other people like me who have been ripped off to
the tune of sixteen thousand dollars. I can't know that we could actually listen
find these people. You have a number for this guy? Yep? What's
his number? His number is nine seven zero four to one three one four
five eight. Let me make sure I got that nine seven zero four one
three fourteen fifty eight. Is that his cell phone? No? I do
when you call? What do you get? Good man answering machine at the
left of the message? This morning nationally And you've not heard from him since
you paid him last year? I have heard. Have you tried doing small
claims court? I have not, But that's going to be the next step
after talking. That's it needs to be. But I want someone to call
him as well. Who do we have in today? Said, I'm in
studio Tom docs here. You want to make a quick call seven zero fourth
R one three fourteen fifty eight and talk to Patrick Silva see what he has
to say. Let's you try to do it right during the show and let's
see what he has to say. Three seven on three talks seven one three
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You'll think you're his only customer when you choose Frank durand the real estate
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zero sixteen twenty two. Hi Tom Martino here three oh three seven one three
talk seven one three A two five five. Don't get caught being underinsured.
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Okay, now we left off with Jack. Were you able to get through
Deputy Doc? He's working on it now, Tom, all right, Now
we'll go back to Naomi. We don't have our car person on though,
do we never mind? Are we unable to get someone? I'm trying to
get Kevin? I try to get our case, but they're not. So
I'm getting Keaven right now. No, that's okay, okay, cool,
Then let's go to bron He has a he was working with Deputy Dollar on
something that happened last week. Brian uh Phillis and Brian, while I'm looking
for your original call, go ahead, Hey sure, Tom. Yeah,
So a few show spring break, we were up at Breckenridge and after we
left the resort. Was this a condo you were renting? It was as
a resort, so we were renting it through a friend of ours. It
actually has a timeshare. Yeah, and you wait, wait, is this
is this where they charge you for damages that you didn't do? And you
sent us pictures? That's the one in the door jam. It was some
ridiculous, some ridiculous damage that I don't see how you could do unless you
tried, you know, I don't know how the hell somebody could do that
damage anyway, what happened? So yeah, so actually Mark actually stepped up
and UH appreciate the help that he was going to provide. And we were
getting ready to file a small claim suit. And as soon as I sent
him back the paperwork that he worked on, I get a call from the
owner of the time sharing. She was just beside herself and she went to
action and she U Okay, he got the five hundred back. Okay,
that's good. That's really good. Thank you very much Mark for helping him
out with that. Three Zho three seven one three talk seven one three eight
two five Brian, no need to call back. Thank you for that update.
I really appreciate that, Naomi. We have Kevin on Kevin Calkins shared
in autotech dot com a very dependable auto repair facility, by the way,
and you may want to think about them in the future as well. They
also do pre buy inspections on used cars. So Naomi has a twenty thirteen
dot Journey okay, and she's having problems, and I said, don't bother
telling us until Kevin gets on. It has one hundred and nineteen thousand miles,
So Naomi, continue your story. She bought that, by the way,
in twenty nineteen. Go ahead, Naomi, Okay. So what it's
doing is I feel like I don't know how to explain it, just running
roughs. So like when I stop at like a stop sign or going up
the hill or a stoplight, and I start to accelerate. It kind of
like skipsit. Is it only after a complete stop Naomi? Or if you're
on the highway and you want to pass someone, does it do it then
as well? Sometimes so would you say it sputters or it hesitates? Maybe
a the nation of both? Okay, Kevin? Sorry? Yeah, no
words? Any check in is in light at all? Any any warning life?
Yeah, the malfunction indicator, lightning bolt being comes up. It'll flash
on and sometimes it'll stay. It was staying on and then it would flash
on and now it just kind of when it when it's flew to accelerate,
like I was saying, it'll slash on and then flash off. Now is
this when you do if you if you accelerate very slowly, does it still
hesitate? Yes? Vivin, Can I can I do an? Listen?
You're the expert. Can I make a guess? Just let me make a
stupid guess. Throttle body, I don't know. Possible, very possible.
Yeah, it could be as simple as a spark plugs throttle body. It
could be a fuel injector you know number of things, but truly had one
hundred and nineteen thousand, what is it most likely depending on maintenance on a
car. It could be a you know, I'll just park. When was
last time, Naomi, somebody went through that. I have not had anyone
do like a like a full on tune up because I can't afford it.
But I have kept up on like the oil and making sure I use the
right kind of gas, good quality gas, you know, regular maintenance like
that. My brothers looked at it last year in the summer and he's like,
I don't see anything wrong with it. I did take it in to
get the coach. Can I can I ask you something? Just on that
note not I don't want to make such any brother or anyone, But what
does you mean he looked at it and could not see anything wrong? You
know, It's funny because I've seen people before when they have a problem,
they open up the hood and I'm wondering, what are they looking for?
Like a little man in there saying here it is, here it is.
I mean, what did he mean? Did he do any diagnostic checks when
you said he looked at it, well, he checked to make sure all
the cables were okay. I attached and here's a mechanic that he lives in
Grand Junction okay, gotcha, get you. He looked at for obvious problems.
He could not see any obvious problems. Okay, Yeah, And he
drove it and he said it seems to drive fine. Naomi, what what
well? Didn't he feel the hesitation? Well? Yes and no. But
he's like, that could just be bad gas. So run that gas out.
That's a good idea, jail me. How did it come on suddenly
one day? Yes? And how long has it been going on? Since
about July of last year? Oh? My goodness. So is it getting
worse or is it staying the same? Kind of both. I took it
in to get the codes ran. When those lights came on, they told
me I needed a new battery, so I put out almost three for that.
I don't think a battery would have caused that, but that could have
been just a coincidental problem. Sure, sure, you know if you want
to get it, you know, we'll be happy to look at it for
you. We'll do it free inspection. Give you an idea, work great,
Naomi? Where are you what part of town? I live over here
in Lakewood off of Union and All. You're not far, You're not that
far. He's on Collfax just west of Wadsworth YEP fullfax west of Wadsworth.
Now hold on Naomi and uh Naomi Katschina will give you it's shared an auto
tech Kachina will give you the information on how to find him or go online
shared in auto tech dot com and uh, let's let's see what he finds
out. Thank you, Naomi. We're always happy to help where we can,
and I think Kevin of course at Shardan Auto Tech three oh three seven
one three eight two five five go with a sure thing Denver's best roofer Excel
roofing dot com. You don't pay a cent until you're content. Time for
an insurance check up free, no obligation. In comparison, call Compass Insurance
paying too much your coverage at dozens of insurance companies find out now three all
three seven seven one help. You'll think you're his only customer when you choose
Frank durand the real estate Man dot com to list your home with Remax Alliance
three all three nine two zero sixteen twenty two. Hi Tom Martino, you're
troubleshooter three oh three seven one three talk seven one three A two five five
Kachina if you can get Dan McKenzie on about the will Jack. We will
try to get an expert on to answer your questions. That's some of the
things we try to do here for people. JR. What's your issue with
T Mobile other than it's T Mobile? Yeah, right about that? Yeah,
what's going on? Phone or ty issue? They sent me a new
phone, I send the old one backed as per No. Hold on,
how did it all start? Did it just did you just need a new
phone? Yeah? The warrant? Ye, the phone was messing up?
Okay? And how long had you had that phone since? January? Okay?
Okay, right, all right, something like that. And and I
sent the I sent the phone back as per instruction to put it in the
box and send it to UPS. Now, was that after you received a
new one? Or did you have to wait for a new one? No,
wait for the new one? Okay, right, wait for the new
one. I boxed it up and sent it out. Okay, I went
to UPS. I got a tracking number. Now they said they haven't received
it, so they're charging me for the phone. But you did get the
new one, right, Yeah? I got the new one. Yeah,
I got the new one. Oh, the problem the old one. They're
charging me for it because they haven't received it at their office. No,
I get it. This is not the first time this has happened. Did
you get a signature requested? Signature requested? Or I got to try.
I have a drop off package receipt from the UPS. You do, okay?
And they so they usually take a pick of it so they know it
was sent there. Did you send it? What to a corporate office or
to a store or what? I went down the street there and put I
said, I'm putting in a UPS office. I took it myself. But
but you have a tracking number, right or I have a tracking number?
And yeah, And I discussed that with T Mobile and they said, yeah,
we know you sent it, but we haven't received it until where you
save it. We're charging you. So I'm getting a bill for X amount
of money to pay it back. So wait a minute, when did you
actually when did you actually drop it off at UPS? February of the second
this year. Yeah, this is ridiculous. You know, I don't.
This is a weird problem. And I'll tell you why. J are it
happens all the time, not just with T Mobile? I mean, you
know, what good is a tracking number? What good is all of that
When they say they didn't get it back? Was there something you were supposed
was there somewhere you were supposed to direct it? I mean, tell me
what, how were you supposed to send it back in their box? Right
in their box with their shipping label. That's a UPS and you did it
and UPS said it was delivered. And how much are they charging you every
month? Or a lump sum? About a two hundred and seventy bucks something
like that approximately? Okay, did they do a lump sum? Then yeah,
they want that back. Yeah. So I've contacted their office twice,
once in March and just a couple of days ago in April. Say we
don't have it, we don't receive it. We're charging you. I'll say,
yeah, you got me a hospeach because it's all my credit card.
Okay, they have my credit cards. Yeah, but hold on a second.
I got some ideas. Hang on, I'm Tom Martino. More coming
up, including JR. I think I have some solutions, So stick around.
I'm Tom Martino three O three seven to one three talk. Don't forget
three oh three Martino. You can call any time, no restrictions. We'll
get back to you on that. If we're not around three oh three sixty
two seven eight four sixty six, go with a sure thing Denver's Best roofer
Excel Roofing dot com. You don't pay a cent until you're contenth time for
an insurance check up free, no obligation. In comparison, call Compass Insurance
paying too much your coverage at dozens of insurance companies find out now three oh
three seven to seven to one help. You'll think you're his only customer when
you choose Frank durand the real estate Man dot com to list your home with
Remax Alliance three oh three nine two zero sixteen twenty two d need so you
don't have to come running as fast as we can. Shooter's gonna help come,
Man Dix is the Troubleshooter Show. No, Tom Martino, Welcome,
Welcome to the show, the only and I mean it's the only show of
it's kind. We're here to solve problems. I'm here, Okay, I
don't, Mark, I mean, he just be honest. Whose fault was
that, Shannon? You didn't play the game entirely? Okay, good God,
keep going, Mark, go ahead, keep going. What were you
saying? Yeah, yeah, yeah, yeah, yeah, three oh three
Martino three three sixty seven eight four sixty six. Hey, Mark, on
the bankruptcy, you know a question, I get a lot, and I'm
wondering if Mike gets it. Can you go bankrupt on just one thing,
like a medical bill, because you really don't want to ruin everything else.
No, bankruptcy is an all or nothing proposition. I mean, you can
try to reaffirm your other debt, but that's difficult and defeats the purpose exactly
exactly. So yeah, Unfortunately, when you go in all of your decos,
and even if you had a credit card that had a zero balance,
you could theoretically leave it off, but they're going to track your social defiling
and they'll shut down that card. The Wink Law Firm, that's Mike Wink,
and he's here today to talk about credit and issues like that. So
when he's not here, of course, you can reach him at eight.
The numbers easy to remember, eight eight to eight. Now Wink, and
let's talk about let's see, I'm gonna wait for Jack. We're going to
get an expert on for your father's will. But I want to go back
to JR and T Mobile Basically, it's very simple. He had a phone
under warranty, he got a new one. It broke, so we got
a new one. And what they normally do is ship you the new one,
then you pack your old one in the box and send it back.
The UPS tracking number shows it was delivered, but they're still charging him.
And this is ultra simple, and that is it's on your credit card.
You can actually dispute the charge and you can use the UPS tracking to show
that it was sent back. Now, obviously, you know, we can
get ridiculous on this and people could say, well, how do we know
they you didn't put a rock in the box, how do we know there
was a phone actually in the box, blah blah blah. I don't think
it's going to go that far. I think your credit card should back out
that charge immediately. Now. If they don't, another option would be small
claims court. I mean, what are they gonna do. They're gonna go
and say, well, we didn't get it and you have a tracking number
showing you did. I mean, I don't know how far they go with
this mark. Do you think small claims would t mobile? I think they
would settle and say and forget it. Don't you think they would? Okay,
now, JR. Did you try your credit card first? No?
I haven't done it yet. No, not yet. That's what I want
you to try first. I think it's gonna work. I really do the
other thing right on the statement. Yeah, Now you go on the statement
where it is, and then you can do it online usually and say this
charge the phone was sent back. I have proof of it. I should
not have been charged this. I think that's as far as it's going to
go. Man. Now, if not, then what you're gonna have to
do is simply go to the Secretary of State to search databases. It's so
easy. You can google it and then you look for T Mobile and you'll
see who their registered agent is and you consume them. I mean, it's
it's really pretty simple. Okay, what I would start charge? What's that?
Would I get back to filing charge? Well? No, probably probably?
Mark? Have you ever, by the way, that's a good point.
Mark. Have you ever tried to get back a filing charge for the
small claims? Yeah? You always get court cost if you win? Oh
you do? Yeah? What's fifty five bucks? I mean, Mark,
I did I did not know that? Yeah, you build it right into
the claim. Okay, hey, listen on Mark when you go to search
the database. So I did what was obvious to find a registered agent.
I put in T mobile, but nothing comes up. Yeah, they're there
somewhere. I've sued him before. Oh you have? Did you win?
I can't talk about it. Okay, Okay, now when you look,
because if I put in T mobile, I what do you remember? No?
But I know they're there. I'll find them. It's not a big
deal. And I served them at a local store owned by him in my
own county, Douglas County. Excellent. So there you go. We're gonna
walk you through this. First, try your credit card, then call us
back to our three h three seven one three talk seven one three eight two
five five. I love it when we can help people like that, because
I think it's gonna work. And I have a Dan want to talk about
a garage? Go ahead, Dan, Hi, So contractor I hired built
a thirteen hundred square fuck roage morning. Okay, when did you hire him
to do that? Last year? Okay? Now, now who is the
contractor? If you don't mind, Oh, I really prefer not to say.
Okay, so far so good. I don't care. I mean,
if we help you, though, we might need to know. But go
ahead. What happened? Yeah, so there's a lot that's vacant next to
me, and he built one third of the garage on the neighbor's lot.
Oh wait a minute, wait a minute. Didn't he get a building permit?
Oh, he got a building permit, He went through architectural review,
all sorts of things. No, hold on, hold on, did you
know where your property line was? You couldn't see it? Well, it's
not a visual thing. No, No, What I mean is how big
are your lots? By the way, acre mine is an acre, a
little bit over an acre and a half. Okay, that's as they get
a little bigger, it might be a little more difficult. So when you
when you eyeball your property line, I mean, do you have a clue
where your property line is? Yes? Oh yeah, and I do.
Now, but did you before? Not exactly? Well, then who staked
out the garage? The contractor did all the work. But but wait,
wait, you must have gone out there and said this is where I want
it. No, wait, wait, wait, wait, so you hired
a contractor and said put it anywhere you want. Basically, we argued in
different locations, and this is the area he picked. No, come on,
Oh wait a minute, Dan, Come on, this guy arbitrarily went
on your lot and picked a spot. Oh no, he did not arbitrarily
go on. I wanted it in one place, and he said this would
be better in this place. And so but how far away was your place
from his place? Oh? Quite a ways, on the other side of
a lot. Was there a driveway there? Yeah? Oh yeah, they're
a big driveway and on both sides of your house. Yes, So you
have a driveway where you wanted to put it, and you have another driveway
where he wanted to put it. Yeah, and so but I agreed,
you know, and it was agreed on. You know that I accepted where
he I don't think it's his responsibility to know your property line? WHOA,
I don't, Mark. Do you think it's his response if you went out
there, Mark and told him where to put your RV garage and it turned
out to be part on your neighbors, I mean, or if he went
out and suggested it and you said, okay, Well, I don't think
you can blame this guy. Well, I think it's crazy because generally when
I built mine, I mean, Douglas County was out there all the time.
I had to prove the setback from the property line. I had to
do all kinds of things. Are there setbacks? Where is this Dan?
What municipality? Pablo West? Okay, well there are set back It's like
the wild West out there. There are setbacks, said ten feet? Yeah,
okay, so why did not? Okay, it is like the wild
West. And I hate to Oh my god, I hate to say this,
but dealing with those officials out there, my god, they're just Pueblo
withness. Yeah, there's only one county worse. So that's well, but
that's only because I still don't understand how they signed off on it. I
mean, these things go in order, they come out, they make sure
the setbacks, they see the exact place you're going to put the structure.
I don't understand how this got done, unless you know they didn't call for
a permit or anything. No, No, they have a permit. They
have a box out front. I've met the building inspectors every once in a
while, I'll run in Tom and they've been out signing it off. Well,
I had to listen, man, I had to literally show where the
building was gonna be on my property. You had to stake it, So
you didn't do that, or you're a guy didn't I wouldn't know how.
So yeah, listen, I'm gonna tell you something. Down and slid through
the cracks, Dan, I'm gonna tell you something. Okay, the county
is partially to blame, but they're not gonna they they're not gonna take any
Uh. You know, they're not gonna it's not gonna help you. And
the contractor is part to blame, but so are you. Man, Really
and truly it's more you than the contractor. You don't want to hear that,
but it really is. I mean, that's my excuse me, that's
my opinion. I should mention that my opinion. I'm still here's the part
I'm still missing. If they signed off on the location like Douglas County had
to do, I would even say it's the county's issue. I know,
Mark, I just said. I said they're to blame, but you're not
gonna get anywhere with them. Well that's probably true. Now, is your
neighbor willing to do what's called a lot line adjustment? Yeah, you swap
property he gives you X amount of feet, you give it to him.
Absolutely not if he wants to sell me the lot the whole Wait wait wait,
is he on the lot? No, it's a vacant lot. And
that's even more reason why you should have had an improvement survey. Okay,
so hold on? How much is it? Is he being unreasonable about selling
it to you? And that's why I'm calling you three times market value?
Well that's just holy he wants Yeah, but I mean, what the hell
is he going to do? How much do you got in this structure?
Man? Oh? Say about a hundred and a little over one hundred?
Yikes? No, no, wait a minute, Wait a minute, Dan,
Dan, Hold on a second. You set a thirteen hundred square foot
garage on what planet do you live where a thirteen hundred square foot garage cost
you one hundred grand? Seriously? Bro, I think home on? Is
it on a foundation? I mean today to do a lot of dirt work.
This is a first class. It's it's been, it's stuff goed.
Uh you know, it's almost finished, it's insulated. Yeah. I could
easily get there, Tom, And how much? How wait? How much
I got a car? How much is the lot next door? Does he
want for it? Close to a million? Close for an acre and a
half. Yeah, that's Peblo West. I think you could buy Pueblo for
that. Yes, And that's what I'm the word he's home cooing. I
feel he's gounging me. He knows how much? Wait he is, he's
got you over a barrel man, Jacob, how much? Wait a second?
How much? Did how much did this whole thing? Uh end up
costing? As far as the lot goes somewhere else? Like, like,
what would that lot sell for? And that's what I asked two years ago?
The current owner bought it for two hundred and eighty eight thousand. How
much are you willing to pay for it? I offered him three hundred thousand
macs. What a reasonable, reasonable guy you are. Yeah, but it
doesn't matter. This guy holds all the cards. Yeah. But Mark,
I'm gonna tell you something. If he did nothing at all, the neighbor
would have to sue him. Now, listen carefully to what I'm saying.
When the neighbor sues him and there is an ultimate loss assessed, the neighbor
doesn't get to call the loss what he wants it to be. In fact,
in this case, it might even be better to make the guy sue
you and you pay him damages. The guy could simply put it up for
sale for a million bucks and not gonna buy it. Not who's gonna buy
it? I have no idea, but my point is he could sue this
because he doesn't even really have the ability to sell it, because this guy
built on his property. But Mark, it still comes down to damages.
I don't care. I don't care what you say your lot's worth. If
I ruined your lot or took part of it, it still comes down to
damages, and those damages. If these two can't agree to what they are,
it would end up being the judge who would hire experts. And if
what this caller is saying is true, he would end up paying closer to
what he wants than what the neighbor wants. What's to stop him from taking
a bulldozer to it? You can't do that. So if someone builds some
shack on my house, mark or not, I can't take Now. You
see, you totally went off the reservation when you said if someone built a
shack on your property, weren't talking about a nice structure where a third of
it's on the other guy's land. And I am telling you, and Michael
tell you right there, he's an attorney. If that neighbor did that,
then this guy could sue the neighbor for doing What is if he wants to
build a spec house there and try to sell it and he doesn't have that
ability, still comes down to damage it, because it does. However egregious
the offense, it all offends run to what did you actually impact this person
financial? Thank you very much, keep up, Mark, will keep bringing
up scenarios till the end of time when truly, no matter how much he
pouts and robs and and your go to on this is to do nothing.
But I think what you're saying is it could impact the value of the whole
lot. So arguably the whole lot, I mean, I think that would
be a stretch, but arguably the whole lot has been damaged. Right,
you can't build a structure, so now you can't damage that's the you know,
that's still the damage. You can't It's not a billion dollars, right,
it's you know, it's whatever the long work, whatever it would take
him to replace the lot, that's all it's worth. And that's what I'm
saying, Mike. This guy is willing to buy the entire lot for what
he feels is the true market value. And if this guy is right,
that's the most that will be assessed against him. Can move for less than
three hundred thousand? What's that? Can it be moved for less than three
hundred thousand? Yeah, but listen to this. If he destroys that whole
garage and rebuilds it, let's say it costs him double. He'd cost one
hundred grand to build it, and it's going to cost two hundred. He'd
rather pay the extra one hundred and own the lot. And again, this
is where the court of equity comes in. Ask Mike, right there,
it all comes down to what he took. It doesn't matter what you think
he took. It doesn't matter what you want it to be, It doesn't
matter. That is why people go to court, or in this case,
when I say, my go to is to do nothing. No, he
should make a formal offer to this guy. And Michael, see why I'm
saying this, because then when it goes to court and this guy tries to
get court costs, here's what the judge is going to say, are you
kidding me? This man offered you fair market value you and you took him
to court, and now you want to try didn't realize you could force someone
to sell, you know, your property for whatever the hell they want to
get fair market value. You do want to keep the lote, You do
want to do a spect You want to do something. You can't force a
guy to sell your daughters in law school ask her to look up precedent.
There has never been a case in history where you have to pay more than
something is worth, unless there's some emotional attachment that we don't know about,
or some intrinsic value. Maybe there's oil under it, maybe something else.
But land is not magic. Theoretically, if he's paid what it's worth,
he can buy another lot. Michael, am I missing something? I think
that's right, except I don't know that if there was a lawsuit that the
damages would buy the lot, right, the damages would buy the space.
Oh no, that's right, that's right. But the damages if in fact
the damages were found to be the total value of the lot, what do
you think the chances are how this guy would have to buy next lot and
not get possessions? How do you find another lot I'm assuming next to the
other guy. How do you value something that if I have a lot in
only adjacent there's tons of tough the value do you realize under your scenario?
Under your scenario, there would never be a settlement in court ever, because
you could always bring up a reason why, No, I don't want the
money. I want that lot. I don't care what you say, Judge,
that's the one I want. My heart was set on it. I
think we're way over on breakman. Okay, I'm sorry. Three oh three
seven one three A two five hive go with a sure thing Denver's best roofer
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three seven to seven to one. Help. You'll think you're his only customer
when you choose Frank durand the real estate Man dot com to list your home
with Remax Alliance three all three nine two zero sixteen twenty two. All right,
So basically, Dan had a contractor building br and they all made a
mistake. The county, the contractor dan it was put a third of it
on his neighbor's lot. His neighbor's lots an acre and a half. His
his is an acre, or it's whatever size it is. The neighbor wants
him to pay a million and a half for the lot, or a million.
This guy wants to buy it for three hundred thousand. He said,
that's what market value is. And I said, you know, in the
absence of any kind of a settlement, put the settlement in writing and then
make him take you to court, because the judge will never ever award more
than the lot's worth. Jay, Though you have a comment, go ahead,
Jay, Hey Tom, So before you build, you always have to
give an improvement survey. Usually usually you do. They won't build with that
one. Well, how did they? How did they let him build it?
They probably didn't. Somewhere there's probably a survey that somebody needs to examine
the survey or got it wrong. Then he's in some trouble. If the
survey says it's his land, maybe it is his land. That could be
too, That could be too. I mean, there's more than meets the
eye, that's for sure, Jay, Thank you. Hey, Jay,
you know what I would do. I would verify the survey, Jay,
That's what I would do. Excuse me, Dan. Jay brings up a
good point. Why don't you have did you have a survey done yet?
Not yet? No, you have to have one done truly, and you
need to make sure it's a it's a certified survey. Going back to what's
called a monument or a recent monument. Monuments are concrete things put in the
ground that all surveyors go off of. They don't relay monuments so or very
seldom. So what would happen is they would have to either meddle or concrete,
but they would go back to monuments in order to verify surveys because sometimes
when you have a little error and one surveyor goes off of that error,
and then the next survey goes off of that surveyor's error, it gets bigger
and bigger and the error could end up. Jay brought up a very good
point, Dan, but that's really listen, that's really what you need to
do. And if you do need a real estate attorney. Brad O'Brien O'Brien
Legal services. I'm telling you olslaw dot com. He handles this. This
is exactly the kind of stuff he does. And speaking of real estate stuff,
Bill, you have a property, you have property access question. Then
I have to take a quick break because I got behind my fault. Bill,
go ahead, Hey, do I have to allow access onto my property?
When see my neighbor's tree fell through my fence into my yard and he
has access, but it's easier going through my yard. Well, here's the
point. Technically, you don't have to if there is no easement or no
right of way technically, but the only I can't think of a reason why
you wouldn't if it fell through it he wants to fix it. Well,
because they came, like the tree company came with this gigantic panel truck.
Oh, if you don't want them to chew up your lawn and all that,
I get that part. Yes, And so they went around on his
side. Yeah, it's got stuck in the mud in his property. Okay,
No, no, no, I don't blame you for not wanting them
to chew up and screw up your lawn. No, of course not.
You don't have to let them do that. But let them walk and theyke
a wheel back. No, no, I understand all that You should mention
that or make them put up a deposit of some kind. Three O three
seven one three A two five five. Go with a sure thing Denver's Best
roofer Excel Roofing dot com. You don't pay a cent until you're content.
Time for an insurance check up free, no obligation. In comparison, call
Compass Insurance paying too much your coverage at dozens of insurance companies find out now
three oh three seven seven to one help. You'll think you're his only customer
when you choose Frank durand the real estate Man dot com to list your home
with Remax Alliance three oh three nine two zero sixteen twenty two. Hi Tom
Martino here three O three seven one three talks seven one three eight two five
five. Jack's got a question about his father's Will Jack go ahead? What's
happening? Oh? My dad passed away last Tuesday? Oh my goodness,
was this sudden? Jack? Well, he had help and he just wanted
to go home to pass away. He didn't want to dine in the hospital.
He just didn't want to go through all of that anymore. And so
we were granting his wishes. He was happy. But when he passes away,
I had some things I had to do before because I live in Pitts,
Pennsylvania now. So I was here the next day and a couple of
the grandchildren decided to take the will. I didn't like how it read.
Mostably, they took it to attorney. I don't know, but I've been
reading and it has to be fined. Wait wait, wait, wait,
wait wait, wait where let's go back. Your dad died and had a
will, first of all, right, and you knew about it. Yes,
do you have a copy of the will? Well, I've been trying
to get a hold of the attorneys that did it, and I haven't got
a call back. I've been what do you mean that did it originally?
Did it? Or did it after the grandkids took it to him? No,
he did this ten or fifteen years ago. He did it, Okay,
the will that he did, you claimed after he died. The grandchildren
took it and didn't like it. And that's what they told me. When
I got here. They said, one of them goes, well, there's
all these changes, so well wait wait wait wait wait wait what changes are
they talking about? Did your dad make changes, you know, I don't
know. My dad didn't do anything on his own. He went to the
lawyer to have it done. Did your dad go to the lawyer? Listen,
Jack, I'm sorry, but when it comes to legal stuff in this
you're being vague. So your dad made a will fifteen years ago. Did
your dad go recently and change things? He made a change in twenty seventeen
to leave his brother mineral. All right, that's the only change that's been
made. How do you know that? Oh? My cousin told me about
it. I have never seen the will. Okay, then you don't have
a clue. Basically, you have no idea what he did fifteen years ago
and what he did in two thousand whatever seven? When did you say last
year or seventeen whenever? Yeah? Oh, I know what he told me.
Okay. My cousin was down here after he'd got out of the hospital
and she read it and she was under misunderstood what my dad had told her.
He left me the executor of the will. Okay, So where does
this stand right now? What is your question? Oh? I just need
a lawyer that is going to actually help me out here. Okay, Jack,
where did he die. He died at home and buyers did did but
no one has a copy of the will the way it was done in twenty
seventeen. I mean, what attorney did you? What did the attorney say
when you said you needed a copy? And by the way, without seeing
the will, how do you know you're the personal representative? Because I don't
think my cousin would lie it. Okay, now, Dad, did your
cousin see the will? Yeah? She read it. Does she have a
copy of it? Your will was in the drawer? I don't understand.
Well, then have her send you a copy? Well, you know what
I mean. If you want to refer me to an a lawyer, you
can. I know, I will give you an attorney. I absolutely will.
Listen, here's what I'm saying. Even an attorney, Jack cannot help
you unless you answer the same exact questions your If your cousin read from that
will, what would prevent her? I'm just curious, what would prevent her
from making a copy of it for you? Well, she said, after
all of this happened, she said that she should have took up with her.
Okay, now where is it? Do you think? Is this?
I don't know. The boys took it somewhere supposedly. Okay, and these
boys are who are they your kids? No, my sister's sons. She
passed away about a year ago. Not the okay, she passed away.
Okay, wow, okay, I'll give you an attorney. Try Jack McKenzie.
Excuse me, Dan McKenzie, Dan mackenzie, mackenzie law. He's a
great guy. I'm not sure. I'm not sure what he can do.
But here's his number, eight three three co plans. Thought that eight three
three co plans p l A ands this an extra that it doesn't matter.
It works, it works. No, it's not an extra, it's it's
all the seven letters. It's exactly what you need. So co plans,
it's eight three three co plans. He's in Denver, he handles Colorado estate
law, and he can do all of this for you. Again. I
hope he can sift through this three O three seven one three A two five
five Go with a sure thing Denver's best roofer Excel roofing dot com. You
don't pay a cent until you're content, wait time for an insurance check up
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to one help. You'll think you're his only customer when you choose Frank durand
the real estate man dot com to list your home with Remax Alliance three oh
three nine two zero sixteen twenty two. Hi Tom Martino here three O three
seven one three talks seven one three eight two five five. Dan McKenzie mackenzie
Law. We also have another question coming up on wills. But what do
you do with that one where the guy said that the grandkids took the will
and won't give it to them. What do you do with that? So
we've had this discussion a few times. I know you're unsatisfied with the answer.
But whoever is in custody at will, it's supposed to lodge it with
the county courts within ten days of the death. And if they're doing something
that ultimately causes your caller to miss out on something like they're going to be
liable for that for hiding their will from him if that was what caused.
But what's to prevent them from changing it while they are hiding it? I
mean, you know it has to be signed and all the formalities around will
execution that we have in place, as far as notaries and witnesses and everything
else. So I mean, since it was his dad, could he rush
to court and get the probate opened first? Or yes, anybody who has
an interest in the estake and petition the court to open the probate. And
then so if he opens the probate, does that give him a leg up
on getting the will? You can have the court issuing order saying produce the
will and if you don't, so you're going to be in contempt. So
that would be a good way to do it. So he's going to be
calling you, but I do agree with that. Now let's go to John.
John, you have another estate question. You're on with Dan McKenzie.
McKenzie law, go ahead, John, thank you for taking my call.
I had a friend who died last Thursday. He was in the hospital about
thirty days and he died. He had five kinds of cancer and all kinds
of problems. He told me before he died that he had named me executor
of his will and that his will was in his RV which was in an
RV park in Bennett, Colorado. So after he died. I called up
there to see if I could get the will. If they called up,
where where did you call? I don't get where you called? Bennett cut
the RV park okay, And you said I need to get into it.
Yes, And they said they asked me questions about why, and they said
they cannot let me into. I don't blame the park. You shouldn't have
mentioned it. You should have just gone there. But I would need a
password to get into the RV park and I didn't have that, so I
get anyway. So where does it stand right now? Okay? So they
have told told me that in order to access he's got a folder called the
Important Papers, and in order to access the RV, I have to have
proof of executorship. Well, the executive proof of executorship is in the document
that's inside the RV. So I'm in a circle where I can't possibly win.
They want proof of executorship that it's it's locked in an RV that I
can only get to if they will let me in. John, What are
you doing? Case like that? Dan? It's probably the same advice I
just gave you for the last case, which is you can go ahead and
petition the court to open the probate process. I don't know, do you
have any idea like what the estate might have in it, because I mean,
the first question, is a probate going to be necessary? I think?
Okay, he's got a camper that he paid eleven thousand dollars for that
is practically worthless now because it's not been driven for six years and all the
tires. And what about the mobile home? Does he own that? Yes,
he owns that. He owns he owns the camper outright, And then
he had when you say camper, is that what he's living in at the
mobile home park? At camper? No? No, he lived in the
basement with a friend of a friend who a lady who is poor. Okay,
So he lived somewhere else other than the camper, and the camper is
where he kept his documents, right, okay, And it sounds get into
that camper that that camper is in a mobile home park and nobody will let
you in there. Right. Is it a mobile home park or a storage
facility? It's a storage facility and within the Okay, got it? Important?
Doctor, got it. I don't know what you do in a case
like that, Dan, If you could hang on or we call you back.
Maybe we figure out what to do. I'm Tom Martine three oh three,
seven to one three talks seven one three eight two five five. We
got more coming up, and then the eclipse is gonna happen. Wow,
let's talk about that. Will we see anything here at all? Stay tuned,
Go with a sure thing Denver's best roofer Excel Roofing dot com. You
don't pay a cent until you're content. Please time for an insurance check up
free, no obligation. In comparison, call Compass Insurance paying too much your
coverage at dozens of insurance companies find out now three all three seven seven to
one help. You'll think you're his only customer when you choose Frank durand the
real estate Man dot com to list your home with Remax Alliance three all three
nine two zero sixteen twenty two yea ripped of news. You need advice so
you don't have come run in just as fast as we can. Shooter's gonna
help come Man six is the Troubleshooter Show Now, Tom Martino, Hi,
Tom Martino, Your troubleshooter three oh three seven one three Talk seven one three
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three eight six' two five five five four waterpros dot net. Now listen,
the eclipse is taking place, of course, and in Colorado you're going
to be able to see sixty five percent of the sun covered. I believe
it is sixty five percent. That's not bad. In fact, a friend
of mine right now at the airport just took a picture. I sent it
to you and sues, Yeah, he has a time, he has a
special camera. Now what you see there is just a sliver, but that's
going to move over that sliver to about sixty five percent, and he's going
to send me a picture along the way that we'll be posting over Colorado sky.
And that's how clear it comes out with eye protection. Is that the
coolest thing? Huh? Wow? Anyway, Uh, get that on YouTube
as soon as you can. Mark that's pretty cool. We have Mike Wink
with us too from the Wink Law firm about bankruptcy. Some questions for him.
But Doc has a follow up and here's what happened. I asked him
to call on an earlier case. This guy hired Patrick Silva five Star Restoration
and Construction to install a jetted tub in a bathroom, paid him half up
front twenty four hundred bucks, and got absolutely nothing. Doc, what did
you find? Hey? First? I just wanted some question. Did John
ever ask the owner of the trailer park if he would accompany him into the
property so that he could watch John just get the paper and then walk out.
Try? Wait, Ma, Mar, Doc, did you hear what
I just asked about the tub? Yeah? Okay? And then you went
off on an I mean that's kind of confusing, like squirrel. I mean,
let's talk about that one. First. Did you call that contract?
I did? I got Pat on the phone. He answered right away.
We had a we had a three way conversation. And what happened was that
on some fam on one of the contracts, Jack had put down the wrong
number. He put five six' nine instead of five to sixty six,
and Pat had called them multiple times. Let's voice some messages at the wrong
number. So as soon as we got Pat on the phone, he said,
look, I'm really sorry I tried to get in touch with you.
I will gladly send you a refund, no questions asked, and you will
have it by the end of the week. Well, let's let's follow that
up. Doc, put a tickler on the calendar. Now, what were
you saying as far as this guy that needs to get a copy of the
will, Well, he ever asked the owner of the place to go with
him so they can watch him, just get that one document and then leave,
so that I don't think that's the issue. I don't think anyone will
enter that camper at this point. Well, I don't know. That could
be, but I don't know if you have if the owner can you know,
if the owner of the property can be with him as a witness that
the only thing he did was get the form that proved that he's the executor.
It might be worth a try. Well, let's find out John.
First of all, Dan McKenzie's with us. I know he's not with us,
but he was with us, and he basically said what we thought he
would say, and that is, you open up a probate, and then
you compel the park to let you, as personal representative, enter the camper.
It's that easy, John. However, it's gonna cost you to open
probate. Are you there, John, Yes, I'm here. Can you
hear me? Yeah? How much is it gonna Yeah? How much is
it going to cost? How much? Total? Do you think this when
this guy says, hey, be my personal representative. I got some this,
I got some that. What do you think his total state's worth?
How you figured it out the other day? It's worth zero? Except he
has a ten pous Well, then then don't do it. Then just let
it go. Don't do it. He has a ten thousand dollars life insurance
policy that I have to access. He's naming the lady who he lived with
as the beneficiary of the policy. Then let her worry about her. Let
her worry about it. I can't do that. He asked me to be
the executive teach. Okay, okay, then spend three thousand, open up
a probate, and then let her take the money. That's a really good
friend, by the way, a really good friend. That's very nice of
you, So thank you. So open up the probate, spend three thousand
dollars. Well, you got to pay an attorney to open a probate.
I'm guessing. I don't know if it's going to be three grand, but
i'm guessing. So what you do is open up the probate, pay the
money, and then get the will and all of that, have your friend,
have your friend collect the life insurance, and you've done your part and
you're out three grand. Okay, very nice of me. You can't afford
to be out three grand myself. Can it come out of the estate you
just said, there's no estate that's not part of the estate. Okay,
not if she's a beneficiary. See, she doesn't need you to get that
life insurance. She doesn't need the will to get the life insurance. If
she's the beneficiary, she doesn't need anything. Okay, how does she go
about getting to the life insurance? Then they'll contact her. Did he put
down her name in number? I assume he filled her out as the beneficiary?
Yes? Or no? Oh? Yeah, yeah he did. Okay,
then they're going to contact her. Can we send them a death certificate
or something? Well, she can do that, John, You don't have
to do anything. There's nothing there. I'm just trying to honor his okay,
but get that fine and honoring What if honoring it was taking over his
estate and you owed a ton of money, would you honor that? No?
Okay, you're not obligated to honor anything if it's not to your benefit.
I mean, why would you. It's only going to cost you money
at this point. If this woman is it, it gets a ten thousand
dollars policy, How does that help you? How does that help the estate?
How does that help anything? Do you know if you open up the
estate, they're going to want you to get that camper out of there?
Did you know that part? And they're going to start accruing by the way,
they're going to start accruing bills against the estate. Do you want that
to happen? No? Yeah, You see, people don't understand when they
take on an estate, they take on the obligations of the estate, not
personally, but they have to dispose of all that stuff. It's best to
walk away from an estate that doesn't have anything. Three oh three seven three
eight two? What's that, sir? The estate is separate from the insurance,
so she can get the insurance and just walk away. From the state.
That's right. That's unless unless hold on, Let's say he did not
name a beneficiary, then the will could name a beneficiary because he overlooked it.
But that would be kind of stupid because then it could subject because then
it could subject the the life insurance process needs to the estate, and then
the estate is subject to bills, whereas if it goes directly to a beneficiary,
it's outside of the estate. You see, there are so many oncees.
What how do I walk away from the estate just just don't have anything
to do with it? Exactly. There's no obligation. This was very helpful.
There's never an obligation. You see, what if the estate was messy
and dirty and disgusting. Hey, by the way, speaking of estates,
Mike Wink is with us from the Wink Law firm. Mike, do estates
ever This might be a silly question. I don't know. Do estates ever
go bankrupt? Estates? Yeah? I mean I think they do. Yeah,
that's not the kind of work we would do. But you know,
and I think in instances where there were assets that were being fought over and
an administrator an executor type, it was over their head and dealing with it
by bankrupting it. You could put it into the trustee of a bankruptcy to
administer the estate. Okay, thank you. And another question for Wink that
was texted to us. If somebody has credit card balances, they don't have
any money, they want to do a bankruptcy. Now I don't know of
them. You know, I'm not talking about fraud or anything, but what
if they wanted to put your fee on a credit card and you know they're
going bankrupt? Is that considered wrong? Yeah, that would be fraud.
So we don't We don't process any credit cards okay for payment? Yeah,
okay, oh no, no, that's good to know. Yeah. Yeah.
In fact, I get I got solicited into a merchant processing account and
I started using it and then they were like, oh, you're in debt
relief and now was just on ATMs right, Like I still wasn't taking credit
cards, but they basically, if you're in debt relief, it's very hard
to even get a credit card processor. Okay, I get what you mean,
because they don't want people putting your fees on there and then going bankrupt.
Wasn't there a guy in town one time doing that and he got in
big, big trouble. He was an attorney, he was he was financing
his fees, right. I think it was less to do with the credit
cards part of the problem. No, No, his was he he went
after him after bank reaffirming the debt. Right, So it's it's it's tough,
right. The law just saysn't facilitated. But if somebody's broke, let's
say they're being garnished, so now they really can't afford to pay you.
And what he was trying to do would be to say, okay, I'll
do your bankruptcy and then you're gonna owe me. But then on the other
side, you're getting them to reaffirm the loan, and there's there's a lot
of conflicts of interest, and so I mean it kind of sucks, right
because it's not a terrible thing that you know, that could be. It
could be valuable to people, especially if you're already being garnished and you can't
afford the fee up front. That yeah, is that a guy? Is
that an attorney still around? I think he got disbarred. I did.
I think he did. I'm trying to think, Okay, you don't want
to probably tell me who it is, but I was just curious. And
yeah, there were all kinds of stuff going on. There was one bankruptcy
attorney and I can tell you about it because he's dead and he I think
he killed himself. But he was sometimes trading sex for fees. I know.
Yikes, yikes. It takes all kinds brow Yeah, yeah, I
mean, no seriously serious six stuff. Yeah, and in any case three
oh three seven one three talk on that nice note. We're going to take
a break. Go with a sure thing Denver's best roofer Excel Roofing dot com.
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durand the real estate Man dot com to list your home with Remax Alliance three
oh three nine two zero sixteen twenty two. Hi Tom Martino, your troubleshooter
three o three seven to one three talk seven one three eight two five five.
So when we look up in the sky at the peak. It depends
on where you are in Colorado. Anywhere from sixty five to seventy seven percent
of the sun will be covered by the moon of the shadow. And I
have a friend who has a special camera taking pictures and I'll show you the
ones, but I don't know exactly what percentage will get there at Centennial Airport,
But in any case, that's what he'll be doing. And then we
have other people taking pictures as well, and we'll post some of them.
They're kind of you. You'll see them all over the place anyway, probably
three oh three seven, one, three eight, two five five. So
what is this possible hot tub scam? Bob? What's going on? Bob?
What's going on? Bob? Darth Vader? What's going on? Bob?
We can hear you breathing, I as We'll go to Janet, Janet,
go ahead, Janet, what's happening? Hi? I contracted con protected
a contractor last June from the hailstorm that we had and to do the roofing
repairs. And now, how'd you find the contractor, Janet? I believe
I came, h became one of his workers, came to the door when
everybody was walking around the neighborhoods, you know, trying to which is exactly
which is exactly the opposite of what you should do. So okay, that's
cool. Was this a roof repair, Yeah, And there was some little
chips in the vinyl here in the window that were to be repaired, so
you had various storm damage. Was this a roof for you hired a roof
Yeah? Actually his businesses actually roofing and construction, residential, commercial, roofing.
What's the name of the company. What's the name of the company,
ISSP Integrating Successful Projects, Roofing in Construction, Integrating successful Projects. That's the
name of it. Yeah, okay, and it's roofing in construction. So
what went wrong? Well, still still my house still isn't done. For
one, I'm the only one. Well when did when did you sign a
contract? September sixth Oh my god? And the and the initial estimate for
that that contract in repairs was eighteen thousand dollars, which I figured, okay
with with the damage that's probably okay, And now it has gone to forty
three thousand dollars. Okay, okay, my house is getting more damage done
to it than three pairs. They are doing stuff to my house that should
not be done. There is Wait a minute, when did they start the
job? Somewhere around September sixth or maybe the week after. Oh so they
did start last year and they're still on the job. Yeah. Well,
they come around every once in a while. It's not very it's not every
day or not. Wait a minute. They've been working on your home September,
October, November, December, January, February, March. They've been
working on your home seven months. Yes, sir, well there's something terribly
wrong. Yeah, I know, but in the meantime, I've also been
dealing with my husband here at home dying from cancer, so he's kind of
taken president over me dealing with the crew. What can we do to help?
I hope you right now, Janet? What can we do? I
need somebody to come to my house and find out all these extra things that
are being done and in the introim of everything else. Well, hold on,
they can't do extra things without your permission. Did you sign a contract
with them letting them do this? No? What do you mean? No?
For I signed the original contract for it. But did the original contract
have wording on it that says that if they find other stuff, they will
put in auxiliary claims. Right, but Netting was signed for that. Well,
no, I'm sure it was. I'm sure it was not. I
am not authorizing, Janet. They let me explain something, Janet. Please
listen on the original contract, if they leave it open for auxiliary claims,
you do not have to sign for each and every August sailery claim. Okay,
they put in eighteen thousand plus supplements. That's what that extra money is.
Do you understand what I'm saying now that you don't have to sign for
each and every supplement. But they're just doing stuffs in my house that I
didn't want done. Well, tell me give me an one of the biggest
items they did that you didn't want done. They put like I had my
windows done a couple of years ago with a company that did a great job,
and now instead of fixing the holes that were put in the bottom part
of the vinyl stripping on the bottom of the windows, now there's like plywood
borders around my windows. That what do you mean ply So that's how they're
fixing your windows by putting plywood around them. Yeah, little borders, decorative
borders that are not put up properly, and they're not shields, they're the
When you listen, Jennet, you picked this You picked this company because they
knocked on your door. Did you check them out before? Yeah? They
only had the Better Business Bureau. The Better Business Bureau doesn't mean anything,
the Better Business How many times can I say this? I should start out
every show by saying, the Better Business Bureau is a dinosaur. The Better
Business Bureau only knows what people tells it what people tell it, and the
Better Business Bureau does not know anything. I mean, I don't even know
what they do anymore. They're a dying organization. They are a dinosaur,
you know, So you actually hold on? How did you wait a minute?
How did you find out? May I? Janet? I need to
ask some questions? How did you find out what their rating was? Janet?
Hold? Put her on hold? Put her on hold? Janet,
if you want help, I'll help you, okay, but it's not going
to happen unless you let me help you. Okay. I need to know
how did you find out about their Better Business Bureau ratings? You mentioned they
had good ratings at the Better Business brow so I need to know what that
means. Can you help me out here? I want to know what do
you mean by that? I looked him up on the Better Business Web?
Right Okay? I understand the Better Business Bureau website hurts more people than helps
because they have people on there that went to prison for fraud listed with an
A plus rating? Right Mark, Am I lying? That's what they do.
If you're lying, you're dying. Now here's what I want to say,
Janet. I'm not trying to make you feel bad for picking this company.
I'm trying to help others who are listening right now. As I have
a two prong approach, I help people who are listening, and then I
help people who are calling. So those listening never ever ever depend on the
Better Business Bureau. Ever, it is a dying organization. People businesses shouldn't
waste their money being part of it. They are nothing. That's my opinion
based on how many years we've been doing this where they don't do anything to
help. Oh, by the way, let me just ask that, since
they rated them so great, did you call back the Better Business Bureau to
ask for help? Yes? I did. I called them, and I
have to do like an email and tell them what happened, and then what
are they going to do? Give me a case number? And then oh
really, and then what are they going to do? Here's what they're gonna
do. You know what that is. That's a tap dance. That's what
the Better Business bro is good at, doing a tap dance. So rather
than this, we're gonna help you, we're gonna try. We're gonna call
this company and we're gonna have somebody go out and actually look at your home.
Excuse me, hello, better business bro? Will you do that?
I doubt it? Yeah, okay, so here's the deal. We're going
to have somebody go out and look. I would like Mark Genesis since they
do everything, to go out and look at it. If Mark would be
a what part of town are you in, Janet Centennial? Okay, that's
good, that's a central location. Now, I guess I don't get this
supplemental issue with her. I mean, I don't know what kind of work
they're doing. But if they're doing a roof, for instance, and they
dig down and they need extra money because they couldn't see what's under it,
what's the big deal a mark hold on? She's saying, though, this
is what she's saying, and I don't know if what she's saying is right
or not. That's why I want somebody to look her problem with the supplements.
I already explained to her. She already approved the supplements when she approved
the first contract. But the problem is she says they're doing work that is
shoddy and doesn't need to be done. Now, the only way we're going
to know that is having somebody look at it. So that's what I want
to do. And again, instead of giving her the old tap dance like
the Better Business Bureau, We're going to actually send someone out there. By
the way, I want to ask anyone in the universe. Yeah, we'll
go out to the universe. Who has ever had the Better Business Bureau send
a contractor to their home to check the work of one of their members.
Who's ever done that? Has anybody they're on their side? Well, I
don't know if they're on their side or not, but here's what you get.
They're looney, that's what you get. So here's what I'm gonna do
for you. Seriously, let's get serious now on a couple things. First
and foremost, I'm gonna have Genesis. We're gonna have Mark Schamansky go out
there if he'll do that for us. If not, we'll try to get
somewhere. She located in Centennial. Oh okay, good, so, Kachina.
Let's ask Mark to take a look at this. Now. The next
thing I want to ask you about, how's your husband doing? My husband
died March thirty first. Oh my god, I didn't know he already died.
I'm so sorry. Ah, well, Janet, are you feeling overwhelmed
by this stupid thing? I don't want this to have I don't want this.
You have any if actually called me last week, she said that they
would be here to to do work, and I said, okay, and
no call, no show. Janet, do you have a lot of Do
you have a lot of open construction around your house? What do you mean
here? Hold on, hold on, Let's get Mark Samanski out there,
see what we can do. Let's take this one step at a time.
Three oh three seven one three eight two five five, don't forget eight eight
eight heating dot Com twenty eight dollars. Fix an estimate meaning or tune an
estimate. They'll come out for your toilet twenty eight bucks. They'll come out
for any plumbing issue twenty eight bucks. They'll come out for your electrical panel
twenty eight bucks. Whatever you have to come out, they'll do a basic
service water heater twenty eight bucks. And if you need anything else that twenty
eight dollars is credited. That's eight eight eight heating dot com a great company
three oh three seven seven zero two seven seven six. Go with a sure
thing Denver's best roofer Excel Roofing dot com. You don't pay a cent until
you're content. Wait time for an insurance checkup free, no obligation. In
comparison, call Compass Insurance paying too much your coverage at dozens of insurance companies
find out now three all three seven seven to one help. You'll think you're
his only customer when you choose Frank durand the real estate Man dot com to
list your home with Remax Alliance three all three nine two zero sixteen twenty two.
Hi Tom Martino, your troubleshooter Dallas is in the dark. I think
it's only less. It might be out by now, But how cool is
that? You know? I experienced that with Ross Kaminski and Shannon went with
us. We went out. I went out in my helicopter in twenty seventeen,
we landed in a field. We did our shows. Honest to goodness.
I wanted to go this year, but yesterday it was pretty apparent with
the winds in the weather, I wasn't going to do it. Sucks,
just sucks anyway. Mark Simansky's on right now with Genesis Totalexteriors dot Com.
I want to talk to him about something. Hey, Mark, this is
this is a prime example of people getting taken advantage of. Janet hired a
contractor and she signs a contract upfront, which is what you want. But
the contractor has that wording in there about supplements that she approves the contract and
any supplements, so she doesn't have to sign each and every supplement. When
they find more work, then they do it. Now, there's nothing wrong
with that if truly there's more work to be done, because that's what you
do, right. Yeah, the contractor shouldn't take it upon himself to say,
Okay, I found this extra work, We're going to do it without
talking to the homeowner. It's still the homeowner's home and they should make the
decision if they want this. Okay, not good point, Good point,
Mark. Now the original estimate was eighteen grand. It's now over forty.
She's a little concerned, and I told her she's in Centennial. You could
swing by there. They're supposedly doing the roof. They found some window problems.
She's very, very concerned, and she was recently widowed so in March.
I mean, it's not a she's all by herself. She needs our
help. And what I'd like you to do is just give us a general
idea of what that job looks like, because hey, if it turns out
it's good work, I know you'll tell me. You know, of course.
Yeah, Hey, Janet, Mark is the one that will be coming
out there. Do you hear me, Janet? Yes, yes, sir,
I'm here. And you said one of the problems you didn't one of
the things you did not like was that window repair. Right, you said
there were cracks in the window or holes. No, it's not in the
glass, it's the it's in the bottom strip. No, that's I know
what you're saying. Yeah, but they put some trim over it, you
said, right, right, some trim around it. The windows? Are
they vinyl windows? Yes? That doesn't sound right to me, but Marco,
look at it. Genesis tootalexteriors dot Com. Hey, Mark, going
back to what you said real quick though. I mean, if you're doing
a roof and you run into an issue with the roof, you would do
the supplemental without anything else. Right. Well, yeah, well what happened?
You know? Here, here'd be a great example, Mark, is
you you pull the roof off and you notice that some of the decking underneath
it, you know, substandard, is deteriorated. Yeah, you go to
home depot and you go get a sheathing, a piece of plywood, and
you put that on. You fix that repair because you know you got to
get that roof dried and so things like that. Yes, but I'll say
if you're like, now, let's say, well we're doing your roof,
but oh we notice your windows are bad and we're going to do something,
you should have a kindnversation. Man. I agree. All right, So
we're gonna hook you. We're gonna we're gonna hook you up. Kaschina is
gonna tell you that address and stuff. Genesis tootal Exteriors dot Com three O
three six seven nine eight five zero nine. Thank you very much, Mark,
I have to take this break. We've got more coming right up,
Go with a sure thing Denver's best roofer Excel Roofing dot com. You don't
pay a cent until you're content. Time for an insurance check up free,
no obligation. In comparison, call Compass Insurance Paying too much your coverage at
dozens of insurance companies find out now three oh three seven seven to one.
Help. You'll think you're his only customer when you choose Frank durand the real
estate Man dot com to list your home with Remax Alliance three oh three nine
two zero sixteen twenty two. Hi Tom Martino, your troubleshooter three oh three
seven one three talks seven one three eight two five five. All right,
sonya, what's going on? Hi? I've lived in Denver since two thousand
and well, I bought a house in two thousand and nine in the city
of County of Denver, Okay. I have a neighbor who is extremely evil.
So we have a fence, right mutual fence in the back. Well,
according to her, she bought it. She paid for the fence back
before I moved in. Anyways, fastward to now the fence is coming down,
blowing down and whatnot. So I've put pickets up, we've fixed it,
we've done it. Well, she'll take them down and go throw them
on my front port. Noll. Wait a minute, Wait a minute.
When you put the pickets up on this fence, what do you mean she
takes them off? Are they nailed on top of the fence, So there'll
be some of them that fall off, So like there's a hole, So
there's like three or four missing, right, And you put new ones up
correct where it's flush with her, you know, her side, so it
looks like right, you know, they're just new, just a different color,
and she literally tears them off, yeah, and puts them on my
front porch. Yeah. But why, I mean, there's got to be
a reason. No one in their you know, right mind? Does that
plush? Why does she not like you fixing them? I mean, I
want to ask a few questions. First. Is this fence really old and
ugly? Ah? No, she's a young I so in two thousand and
nine when I moved in, I've never seen her ever, No, not
her the fence. Oh yes, it's old. Sorry, hold on,
sorry, sonya okay, that's funny. That's really funny. You thought I
was asking if she's old and ugly. Hold on, Sonya, I do
want to talk about this because I have some ideas. Usually fences are not
right on the fence line, which means you could put up your own.
We need to explore that there's usually a setback unless it's a very old property.
That's one of the things we'll talk about. We may have some other
remedies. Hang on, I'm Tom no more coming up on the Troubleshooter Show.
Go with a sure thing Denver's Best roofer Excel Roofing dot com. You
don't pay a cent until you're content. Plea time for an insurance check up,
free no obligation comparison call Compass Insurance paying too much your coverage at dozens
of insurance companies find out now three O three seven to seven to one help.
You'll think you're his only customer when you choose Frank durand the real estate
Man dot com to list your home with Remax Alliance three three nine two zero
sixteen twenty two ripped news. You don't have come running just as fast as
we can. Shooter's gonna help, come man, This is the Troubleshooter Show.
No Tom Martino, Hey I'm Tom Martino. Welcome to the show.
Three O three seven one three talk three ye old three seven one three eight
two five five. This are brought to by Frank Duran, the real estate
Man dot com for your market analysis of your home, what it will sell
for based on the neighborhood, the house, the comps, the interest rates.
Frank will give you a pretty accurate prediction or assessment or analyst, anal
or excuse me, evaluation three oh three nine two zero sixteen twenty two.
Frank durand the real Estate Man dot com. Well, Mike Wink is with
us from the Wink Law Firm and he does bankruptcy law, and we had
a number of questions for him. But there was a question about a chapter
thirteen over a chapter seven. A chapter thirteen and a chapter seven. Could
you, in a very basic way describe the difference? Sure? And then
after that I want to ask why anyone would do a thirteen. So first
and foremost, explain those in a very simple way that we can understand that
sure. Chapter seven bankruptcy is a property based bankruptcy that can cost you based
upon your property. Law says you get to keep certain property and if you
have property that's not on that keep list, A trustee can take it from
you, liquidated for your creditors. Whatever's left doing is wiped out. Okay,
So basically then you normally it's called liquidation. Right, So if you
have anything, you don't get to keep anything valuable? Right? Oh?
No, No, you get to keep lots of stuff. In fact,
most cases in Colorado, most Chapter seven cases in Colorado, the debtor keeps
everything. We call that a no asset case. That is the most county
emb by everything. Give an example, they don't keep one hundred and fifty
thousand dollars piece of art. No, no, you get to keep six
thousand of household goods in fifteen hundred of clothing and two thousand of jewelry,
fifteen thousand of motor vehicle equity to on a fifty thousand of home equity,
that kind of stuff. And I keep one case a retirement to keep what
is called exempted property, right, yep, correct, okay? And what
is exempted as far as financial instruments insurance? What about annuities. If they're
in a retirement account, they're protected, and if they're not, they're not
protected. But in a qualified plan they can't make you cash that in.
That's correct. If it's if it's a risk of qualified totally protected. Well
what if it's just a qualified plan, not a risk of for example,
like a not a like an ira an iray is protected any any basically qualified
retirement accounts are protected. But if you have an annuity or an investment account,
you know, then that wouldn't be protected. Crypto typically not going to
be protected. How about unless the annuity is a qualified annuity, right because
there are so okay, got it? Nowns are not right? Well they've
now they changed that. They added so you could do you could protect up
to one thousand dollars of firearms. Wow. So yeah, yeah, so
for you generous which call them generous exceptions, Yeah, cenerous exemptions. Absolutely.
They rewrote the law in April of twenty two, and in doing so
they bumped up the homestead equity, which was huge, to two hundred and
fifty thousand from seventy five thousand. And if you're sixty year older or disabled
in the home then it's it went from one hundred and twenty five to three
hundred and fifty thousand. Hey, no, you would get to keep exempt
at property otherwise you get rid of it or whatever you're done. That's correct,
that's correct. And then thirteen is a payment plan where you're going to
be making payments into a to the trustee is going to be distributing proceeds for
three to five years. Now, the amount you have to pay can depend
down income assets or certain types of debts. So for example, certain types
of taxes have to be paid, doesn't matter how affordable that is for you.
One reason that people file thirteen is if they're going to lose Let's say
you have three hundred thousand of home equity and you can only protect two hundred
and fifty. You can go into Chapter thirteen, keep your home, no
risk of losing your home, and pay that fifty off in the three to
five year payment plan. Now secured property in both seven and thirteen, you
still have to keep the debt still survives bankruptcy. Yeah. So the when
you said, what are some of the dumber things you hear? One of
them is what people say, well, I didn't put my house in the
bankruptcy, or I didn't put my car in the bankruptcy. It is always
in a personal bankruptcy, always, always, always. However, most of
the time. The debtor gets to keep that stuff right. And if there's
a lot, there's a lien on it, then you got to keep paying
the lien. Yes, the car loan or the mortgage. Do you have
to reaffirm it? No, well you do not. That's another thing people
do that they don't have to do. That's correct. That's correct. Now
people say, well, I reaffirmed it so I wouldn't lose it, but
I've heard it's against public interest for them to foreclose on a car or a
home. If you're making your payment, that's correct, that's all correct.
Could you explain what reaffirming is? Sure? Sure? So when you file
bankruptcy, Let's say your car loan is like a two part transaction. It
has a note and a lean right. So when you file bankruptcy in chapter
seven, the note is discharged, but the lean remains right. So simply
stated, that means you want to keep your car, you got to keep
paying for it. If six months after bankruptcy the transmission goes on a car,
you don't want to pay to fix it. The lender could take the
car, and if they get less for it than you owe, you're out.
You don't have to worry about that so called deficiency liability because it was
discharged in your bankruptcy. Whereas if you reaffirm that that loan while you're in
bankruptcy, and that's saying, scenario plays out now, they can hold you
liable for whatever the deficiency was because you signed back on to the promise to
pay. Yeah, so there's no reason to put your ass back on the
line if you don't have to. Now, a lot of lenders don't like
that, and they'll even send you a notice saying, you know, thanks
for going through our congratulations on going through bankruptcy. If you'd like to keep
your car, here's a reaffirmation agreement. It doesn't say or we're going to
take it. But people get tricks sometimes, Mike, Yeah, and we
do them. The scenario that comes up where we do them, which is
kind of a tricky thing. You probably know about a time called cross collateralization.
Yes, so if you have a car loan at a bank where you
also have other debt that car loan and the lean will say that your car
is collateral, not just for the car loan, but for every loan you
have with that institution, and it is, and that's called cross collateralization.
Most bigger banks like Chase and such, they don't really play those games,
or at least try to enforce it. But your local credit union will definitely
try to enforce it, and so a lot of times we'll negotiate, we'll
reaffirm the car loan in exchange for their waiver of cross collateralization. So then
you keep your car by just having to pay the car loan rather than having
to also pay the credit card or something. How does that exemption work if
let's say it's a husband and wife and the husband is doing the bankruptcy only,
and the house is in both of their names, right, I mean,
and let's say it's one hundred percent equity. Let's say they don't even
know a nickel on it, but the wife owns half of it. Right.
So the homestead exemption is unique in that there's only one per property,
Okay, So it's not like you and your spouse each get one. Okay.
So the first three hundred and fifty or tw hundred fifty, whatever the
exemption is, that's that's the baseline, and then the equity over that half
of it's your exes or half of it's your spouse is and half of it's
yours. So that half is the part that can go on in this state.
Now you can have like a you know, a contest between the trustee
and the non filing spouse, the trustee trying to get force and to sell
and it's it's a stressful situation. Normally we put that person into chapter thirteen.
We filed thousands of case. Has never had anybody lose a home,
and I'm not about to start that now. Okay, now, Anthony,
go ahead, Anthony, welcome, You're on with Mike wink Hi, Tom,
thank you. I just had a question. I'm actually about halfway through
a chapter thirteen with a five year repayment. We didn't do a chapter seven
because the attorney that we went through told us we didn't qualify for a seven.
Why would someone not qualify for a seven. Let's talk about that.
Too much income, that's that is that would be the reason. Almost What
is the income limit on that? Well, it's basically so it starts with
just a gross income limit, which we compare your your household income to the
median income in your house and your household based on your household size. So
for a single person, it's seven seven thousand, it's about ninety thousand for
a two person household, one hundred and ten for a three person and so
on, And so you probably had too much income above that, above that
threshold to be eligible. Now, if you're over on the gross you might
still have you might still be eligible for chapter seven if your so called disposable
income is low, which means you've got large allowed expenses, say like domestic
support. So there's some people who make a lot of money, but they
have to pay a lot of money and child support, and then basically that
child support shields their income. So they may still show that they can't afford
to repay creditors in a Chapter thirteen and be and then be eligible for Chapter
seven. Got okay, that answered that question. Hey very much, Anthony.
Talking about chapter thirteens and sevens, how many times to what would you
say the rate of not going through with to chapter thirteen and they end up
in a chapter seven fifty to fifty ninety ten. Well, that's right.
So typically let's say, I want to say fifteen twenty percent of Chapter thirteens
are going to be dismissed because the debtor fails to make their plan payments.
Oh so not much, but it doesn't. That doesn't push you into a
thirteen. Right if you weren't like this guy that called, if he wasn't
eligible based on income when he filed, he can't convert to a seven,
right that case, will never be able to convert to a seven. He
could dismiss if his income changed. And you know, but but yeah,
so about fifteen percent of thirteen and sevens like two percent or one percent,
and to dismiss almost almost all of them? And in discharge is the exemption
for the house or for the home mark. We have to take a break
hold on then, and Sonia, I haven't forgotten about you and the fence.
We'll come back to that and more coming up. If they go with
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only customer When you choose Frank durand the real Estate man dot com to list
your home with Remax Alliance three all three nine two zero sixteen twenty two a
heart radio station. Okay, Sonya, haven't forgotten about you. Let's talk
about that real quick, Sonya. So yeah, did you check to see
if that fence is on the property line, like when you bought your property
a few years ago? Actually you bought it back in nine I'm sorry,
not a few years ago. Who did she own it since then? Or
before then? Before then? Okay, so is that fence on your property
line? I am not one hundred percent sure. This is some thing you
need to check, and I'll tell you why. Most of the time fences
used to be put on the property lines. They used to be really old
ones. But then with newer zoning laws there were setback requirements, and the
reason they did that was to keep this from happening. So somebody would put
the fence. There would be a four back or a four foot or six
foot a setback or a ten foot. If there's a setback, you can
simply put up your own fence and forget about it. If there's no setback,
you can put up your own fence anyway a foot inside hers and just
leave that piece of property there so you don't have to mess with her.
That's the quickest solution, yes, But there's a little bit more to the
story. And what is that like if we, for instance, my brother
went up to go fix the fence yesterday and she's like, you're on my
property. Get off my property. And my brother's like, hey, we're
just trying to fix the fence here, you know, and she's like,
get off my property. And then the other thing that we noticed, it's
a big so on you that has nothing to do with what I just said,
correck, okay, meaning that she can keep you off her property,
okay. In other words, she can't keep you from putting a fence up
on your property. Okay. If you if you made it so there was
let's say a foot between the fences, okay, Now you could nitpick saying,
well, why should I have to give up a foot of my property?
Blah blah blah. I mean, obviously, but if you want a
quick solution, you can put a fence up. Well, actually you can
put it up within inches of her fence. You can do it, but
you won't be able to service it. So it's best to put a fence
up, But first see if there's a setback. If there is, then
then you should set back. If not, then do whatever you want.
But that's the quickest solution. Then she would have nothing to say. Ever,
if her fence completely fell down, it would not affect you. She
can keep you go ahead. The reason why, also why I was calling
is because I mean, we have we had to have put cameras out because
of the situation. Well we noticed that, because what do you mean,
hold on, why do you have to put cameras out? I don't understand
why, because she's throwing nails under the cars. Now, well, that
has nothing to do with the fence. I mean, that's just you just
call the cops for that. Yeah, I was just calling to get helped
as like, this is terrible. There's nothing worse than having a bad neighbor.
I feel for you. But right now, the fence is one issue.
But where does she throw nails? That? You said that was a
back fence. So she's not even alongside you on your street? Is she's
to the uh else of me? Okay? And uh so she has she's
had she's starting to have issues with myself and the neighbor across the street.
So she hit the neighbor across the streets car, and well, do you
guys call the do you guys call the police? Well, when we look
at the camera, you can't you see her out there, but you can't
technically see her doing what she did. So when she hit the neighbor's car,
it was at like five thirty in the morning, you fear her get
out, she hits it, you fear get out, looks at the car,
looks at her car, gets back in and drives away. So I
guess I was just calling you more for like neighborly advice, Like, Okay,
here's what you do. Here's some no, here's some advice. Okay,
really and truly on the fencing, you know how I feel about that.
Now, as far as someone breaking the law, you have to get
evidence and you have to call the cops, or you have to sue her
civilly for damages, but you still have to have proof. You can go
either way criminal or civil. And for example, if they do damage and
it's under seventy five hundred, you to small claims court, okay, and
then you'll see how that stops it. Hey, what started with anyhow?
What started this? This Hatfield McCoy thing. I have no idea. I've
been there for two thousand and nine. I had my nieces moved in with
me, and she has boys, good excellent boys, been in football,
on a roll all that, and they have cars. So I think she
thinks that the neighbors are too were too loud, and the people forking straight
are too loud. I get it. I have no idea. I have
no idea. I'm serious what I said, Sary. It's neighbors can ruin
your entire experience in life. I swear to God. It gets to a
point where you don't even like going home. That's how it is. And
that's why I called, because I didn't I know, you know a little
bit a lot more than I do. As far as like again, though,
there's no magic sauce. It's that there's strength in numbers. So if
you can get other neighbors, Mark, Mark, do you remember the neighbor
down and was it in Pueblo or Springs that she was out screaming at people
and pulling her hair out. She was the best man. Oh my,
kind of what this lady's doing? Yeah? No, this lady they had
her on video. She was just Looney Tunes, total Looney Tunes cop showing
up all the time. I'm pretty sure she tried talking to this neighbor sonya
as a friend. Have you ever tried, Yes, we have, and
she just tells us to get all her property, even one is on her
property. And the funny thing is like, if you walk up to her
property from her tree, it's pushed up the concrete. So I thought,
well, maybe I should go fall into her on her personal concrete. And
she has a ton of cars out there, but the city said we can't
do anything because it's on concrete. Is there fired cars, Yeah, they've
been out Those cars have been there since I've lived there, since the past
fifteen years. He has an old Chevy Blazer. I don't know what to
tell us. Little actions can be taken, but only where damages are done
three O three seven one three talks seven one three eight two five five even
small claims court. By the way, you don't even have to hire an
attorney on that. Coming up, we're going to talk about the wins and
what they did to electrical and what Solar UH customers can do about that.
This is one area where you're never affected. We got more to talk about
like that coming right up. Go with a sure thing Denver's best roofer Excel
Roofing dot com. You don't pay a cent until you're content. Time for
an insurance check up free, no obligation. In comparison, call Compass Insurance
paying too much your coverage at dozens of insurance companies find out now three oh
three seven to seven to one. Help. You'll think you're his only customer
when you choose Frank durand the real estate Man dot com to list your home
with Remax Alliance three all three to zero sixteen twenty two. Tom Martino your
troubleshooter three oh three seven one three talk three oh three seven one three eight
two five five. I want to talk to uh. Let me get him
on here. Mark? Are you there? Mark? You bet? Mark
is with UH pro bid solar and Mark, we want to talk about uh,
the wins and what happened and all of that. Did you have solar
people call you saying thank god we have the system? Yeah we did.
We actually had a few customers call them from backup batteries as well. They
lost power if they don't have the batteries, so they could have probably saved
a lot of essentials by having them and not having to throw a food out.
Now, there, Belle did this a lot on a preventage of measure.
So it's going to happen again, oh, no doubt. And not
just for wins. It's going to happen for all kinds of reasons. And
I wanted to ask you. You're doing a special with battery backups in honor
of this event. What are you doing? Yeah? Four point eight kill
a lot system in a five kill lot batter that would basically back up the
essentials so you're not throwing food out. We can get you in that for
less than twenty thousand dollars after the tax credit. Holy Renew has a yeah,
Colorado Renew has a great loan one hundred and seventy five per month after
the tax credit. It's a heck of an opportunity. Wait a minute,
Wait a minute, how much? Now? That's so you're talking about a
complete system with battery backup for under twenty grand or financing with that tax credit
of one hundred and seventy five bucks a month, So I mean, what
the hell that? Now? I want to ask you something though on when
you don't have battery backup and you just want to use that solar system.
How much will that solar system cover of a regular house? So the challenge
with solar is even if if the power grid is down, unless you have
a different setup with a transfer switch and they're called it eight pluses that have
small memory of battery. You can't power a lot with just that. In
order to have power backup, you need to have a battery connected to your
system that auto training. No, no, I unders know, No,
I get that part. What I'm asking is this on a regular day to
day basis, where you're not depending on the battery on a regular day to
day basis, what will that system cover in your home? Probably on your
average home, most of it up, you know, up to about seventy
five percent. On a larger home, you're going to want a larger system.
But again that backup battery, you only need a five A battery to
back up to yourselves. I get what you're saying. How long will it
backup? Those essentials is lawns, the sun to shine, and so what
you're really doing is you're powering your house with the solar and the back Oh,
I get what you're saying. Of course, of course. Yeah,
and then at night you're running off of that thing because I'm not running microwators
and washers and dryers, you're running your refrigerator and certain things. Okay,
gotcha? And is this a smart system where it picks the essentials? We
pick them for you. We put in a critical loads panel and that basically
is just like a being subpanel for your home. The power goes down,
we make sure those circuits are backed up. Have you gotten calls since the
wind about it? Oh? Yeah, we've gotten quite a few calls about
you know, how can I do this? How can I? How can
I not let this happen again? Right? Especially and by the way,
a lot of people are alarmed. Yeah. And by the way, Excel
and I don't know. Probably to their credit, they they were proactive and
started doing some blackouts where they assumed the lot lines were to come down anyway.
So we did do that, and that's a big good reason. The
Marshall fire was a big reason for that. They did not want to face
a situation like that. Again, Probdenergy dot com talk to Mark or someone
else and they do it. They don't just do the sales, of course,
they actually do the installations. And service three zero three six' two
three fifteen thirty one. Thanks Mark, I appreciate it. Thank you very
much everyday. Yeah. Thanks. So that is what we're talking about,
is solar backups as a result of the wins. Now we talk about it
for all kinds of reasons. Just reducing your bill. That's an incredible thing.
If you're paying one hundred and seventy five bucks, even on a loan,
and it's covering most of your electric you're going to save money right off
the bat. Or. Of course, if you have the cash, you
can take some tax credits. It's under twenty grand, so that's pretty cool.
Did Mike Wink leave Did he have to leave? Yeah? He did.
Man, he had a court date. Ah yeah, because he's an
attorney creditor. Two. Now let's talk about, uh, some crazy stuff
that I want to talk about. Did you did you know that people claim
that the eclipse can affect their mental health? Now, I don't know why
they would think that, but I don't get it. Does anyone get it?
How the eclipse some people had to stay home from work and they called
in I don't call it, what do you call this? Nutjobs? They
had to stay home because of the negative effects of the eclipse. Yeah,
and you thought we were the only ones that worked with Oh did I say
that out loud? I'm sorry? No, Seriously, So what would we
have done if if Kachina called in and said she couldn't work because of the
eclipse? What would have happened? I don't know. You know a lot
of people do think it's end time though, I mean, you know,
as described in the Bible. So maybe they're they're so convinced this could be
the coming or the resurrection or whatever they get off freaked out the eclipse.
Yeah, the eclipse happens many times, many many times. It just so
happens that over a particular area, it doesn't repeat for a while. Yeah.
As far as Walmart, Walmart's been sued a lot lately, as far
as self checkout. They're saying that they're they're and I'm not saying this is
good or bad or other. I mean, people are actually getting pissed that
Walmart is cracking down on shoplifting. How do you get pissed at that?
How can you be bad at That's everybody though, Man Target's doing the same
everybody, but he's closing down those self checkout lands. They just lose too
much money. Now, also, we're being told that Walmart was sued by
a consumer who claimed that for years the company manipulated the weight and the price
of packaged meat, poultry, and fish. And they actually went and did
some weighing and all of that for their evidence and brought that. For example,
turkey was supposed to be in one instance, they have ninety eight cents
a pound according to the sign, but they were actually marked at the register
when it scanned it one. How many times have you ever checked the scanner
based on the pricing on the aisle, hold you have to have a scale.
Well no, no, not that on that one. I'm not talking
about that one. As far as the that was the price per pound.
Oh, I see what you're saying. I don't know if they knew what
they meant was the price marked at on the aisle per pound. They the
price the poundage marked on the meat times what it should have been came out
to be less than they were actually charged. I don't think in their meat
department. I don't think there's signs like you're thinking anymore, you know,
like rib eyes whatever. Well, this this lawsuit that I'm looking at actually
has the signs It says so much per pound? Huh, isn't it?
And it has a yeah did you say some supers? Yeah? Isn't it
a class action lawsuit? Yeah? The Walmart the pound stuff? Yeah,
well yeah, but it was it was first brought by this one guy.
You're right, and then and then it turned out to be a class action,
a big class action. And what they're like, they're claiming they went
back in time. But I don't know how you get members of a class.
For example, do you say be cause it happened to me. Then
you put out the word that anybody who a shop meet over the last so
many years, because that's usually how they find members of a class. They
say, hey, if you've ever done this, or if you've ever had
this car, or have you owned this camera, or if you owned this
whatever, the chances are you were overcharged. Walbarton denies any wrongdoing, but
they will probably enter into settlement. It says forty five million bucks. I
know it. I just saw that. Forty five million and then we people
have to submit a claim by June. June fifth is the deadline to submit
a But how do you submit a claim? Do you like have to go
and have pass receipts. I've often wondered how you find the right people in
a class with something like this, like would you ever put an acclaim?
How would you put an acclaim? And how much are you owed? That's
the point you got to hit the link and go see it. But if
you want to submit a claim, there is a place to go. And
what it wants to see is when you've shopped what you shop for and I
guess they calculate some kind of a loss. You know what's funny about that?
What's that? Think of this? Man? I just I started thinking,
why would they do that? How would that get proved? I'll tell
you why the retailer makes around one point five six billion dollars in one day.
Hmm, Well think of that? I know three all three seven,
one, three eight two five five Go with a sure thing Denver's Best roofer
Excel roofing dot com. You don't pay a cent until you're content. Time
for an insurance checkup, free no obligation comparison call compass insurance paying too much
your coverage at dozens of insurance companies find out now three all three seven seven
one help You'll think you're his only customer when you choose Frank durand the real
estate man dot com to list your home with Remax Alliance three all three nine
two zero sixteen twenty two. Hi Tom Martino. Here, by the way,
somebody asks about this. It's Wink Law Firm dot com. Wink Lawfirm
dot com, Mike Wink who was on the show, And yeah, I
just wanted to make sure you don't put in the wrong website. Renew Home
Innovations will do your showers within two or three days, but you have seventy
two months to pay no interest. That's the most incredible that I've seen.
And they do stone resin walls that look exactly like stone or like manufactured stone,
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two. Well, I like to say that life is its own teacher,
and that is bearing out when it comes to shoplifting, because all over the
country. Stores that were not doing anything are now actually doing something. And
what's amazing is there are actual lawsuits from people who were stopped from stealing and
claimed it was defamation of character and it was defaming in some way even though
they were walking out with stuff. Now, how you reconcile that, I
don't know. In fact, I don't even know how how anyone could even
get an attorney to represent them. But there, if you look it up,
there are people suing because they were stopped leaving a store with unpaid merchandise.
What would be the claim that you profiled me? Yeah, I profiled
you. You had bulging pockets and you had stuff hanging out your cart and
no receipt And speaking of receipts, some companies are going to the model of
costco checking receipts on the way out the door to see that you paid for
things. And there are civil rights activists saying this is wrong. Now,
I have never been able to reconcile why trying to stop crime is somehow racist.
I've never figured that out. I've never figured it out, or profiling,
but that seems to be what people are saying in some of these advocacy
groups. By the way, when we're not here, you can call us
at three oh three Martino, three oh three six two seven eight four sixty
six and leave a message. Please do that and we will put you on
the next show that's three oh three Martino. And don't forget referrals dot com.
Save all your problems for me. Yes,