Speaker 1: Rip needed, so you don't have.
Speaker 2: Come running.
Speaker 3: Just as fast as we can, Shooter's gonna help coming.
Speaker 4: Man.
Speaker 5: This is the Troubleshooter Show. No Tom Martine.
Speaker 6: Hey, I'm Tom Martino, and I welcome you to the show.
Speaker 6: If you're streaming the show, welcome, of course. Our radio
Speaker 6: audience welcome to of course. But I wanted to mention
Speaker 6: if you're streaming and you see that good looking guy
Speaker 6: to the right of me, that's Brad O'Brien O'Brien Legal Services.
Speaker 6: He's an attorney at law that does real estate law.
Speaker 6: And we were talking before the show how the pendulum
Speaker 6: is swinging toward tenants rights. You know, when I first
Speaker 6: came to this state, one of my most frustrating calls
Speaker 6: was from a tenant. They were so upset, and I
Speaker 6: would just say, tough, we can't make a landlord do anything.
Speaker 6: In fact, health departments back in the day wouldn't even
Speaker 6: make landlords do anything. The most they would do with
Speaker 6: a really egregious situation is they would make something condemned
Speaker 6: right so you couldn't rent it. And here's the deal.
Speaker 6: Brad O'Brien and I were talking about this. Now there
Speaker 6: was a need for tenants rights. So now I get
Speaker 6: calls from landlords who are frustrated and upset saying they're
Speaker 6: losing their rights. Somewhere in the middle, there's got to
Speaker 6: be an answer, Brad O'Brien. There. I think we were
Speaker 6: long overdue as a state in general for tenants rights.
Speaker 6: But I don't like some of them. I don't like
Speaker 6: some of the laws. This just cause the one I
Speaker 6: get the most email about right now. And you've been
Speaker 6: helping landlords as part of your deal. You help everybody.
Speaker 6: You help consumers who are going to closings and they
Speaker 6: want to look at their finances, their financial paperwork, if
Speaker 6: it's let's say seller owner carry or or they're doing
Speaker 6: a partnership with someone on a fix and flip, or
Speaker 6: or they're just wanting you to go over closing docs,
Speaker 6: review ease men's recorded easements, whatever. But when it comes
Speaker 6: to landlords, why is there so much concern over the
Speaker 6: just cause clause? Now, let me explain what that is
Speaker 6: they and tell me if I'm doing it correctly. It
Speaker 6: used to be a lease was a lease was a lease,
Speaker 6: and you ended it when it was over or you
Speaker 6: evicted if they violated it, you can still evict if
Speaker 6: they violate. But upon renewal, you can't just ask them
Speaker 6: to leave, even if it's a month to month, even
Speaker 6: if it's a year to year. I think you have
Speaker 6: to renew it unless you have just cause. Is that
Speaker 6: an accurate summary or not?
Speaker 7: Yes, because of the land lord tenant changes this year. Now,
Speaker 7: a landlord cannot refuse to renew a tenant unless they
Speaker 7: have one of these reasons, like they want to sell
Speaker 7: the house, or they want to convert it from one
Speaker 7: used to a different kind of use, or they want
Speaker 7: to do a major rehab or there are some other
Speaker 7: exceptions like if the tenant was late like three times, Okay,
Speaker 7: then just so it.
Speaker 6: Is it is. Basically it can be a perennial lease.
Speaker 6: I mean it can. Why even bother putting a term
Speaker 6: on it anymore? Why even call it a one year?
Speaker 7: Well, this is all about tenants rights, right, and this
Speaker 7: is to give them some security that they can't just
Speaker 7: lose their house if they're the land the land you know,
Speaker 7: on their own whim decides not to renew their year
Speaker 7: to your lease.
Speaker 6: All right, So what are some of the just causes? Okay,
Speaker 6: let's I'd rather ask this, Can I just get rid
Speaker 6: of a tenant that I don't like, literally don't like.
Speaker 6: I don't like them. They complain a lot, they didn't
Speaker 6: violate any I don't like them.
Speaker 7: Well, this cause requirement only applies if for tenants who
Speaker 7: have been there for a year or longer. So if
Speaker 7: you don't like a tenant, you don't want to renew them,
Speaker 7: but they've been there for less than a year, then
Speaker 7: the landlord has the right to not renew that.
Speaker 6: Now, once they've been there a year or longer.
Speaker 8: Then the tenant has rights to continue.
Speaker 7: Leasing unless the landlord comes up with a reason like
Speaker 7: they want to sell, or they want to have a
Speaker 7: family member move back in, or they want to do rehab.
Speaker 6: So it's not that restrictive.
Speaker 7: Lando has to actually want to do and follow through
Speaker 7: with these things. If they say they're going to do
Speaker 7: a rehab and they don't do the rehab, then that
Speaker 7: gets them in trouble.
Speaker 6: Okay, Brad O'Brien, O'Brien Legal Services, Olslaw dot Com. By
Speaker 6: the way, this hour brought to you by Waterpros dot
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Speaker 6: Now let's talk about Michelle's problem. She's got two thousand
Speaker 6: and nine Ford a scope, as they used to say
Speaker 6: in Nemo. Ever since I saw that movie, I can't.
Speaker 6: I always say, I mean, it gets old. Hey, Michelle,
Speaker 6: what's going on with your two thousand and nine Ford?
Speaker 1: Good morning? I took my cards to this repair man
Speaker 1: that's in Lafayette, the Diagnostic Solutions place, and you took your.
Speaker 6: Two thousand and nine right.
Speaker 9: Right?
Speaker 6: Okay, So what's going on with it?
Speaker 1: I took it in October fourteenth, and about a week
Speaker 1: he told me something really bad happened. I demanded to
Speaker 1: see it. It looks like he had it all and
Speaker 1: I just brought it in for it coils and spark cloths, and.
Speaker 6: Where'd you take it again? The name of the.
Speaker 1: Place, It's called Automotive Diagnostics.
Speaker 10: Solutions, all right?
Speaker 6: And do they do repairs too or just diagnostics?
Speaker 11: Shoot, I don't know.
Speaker 6: I mean, we're in other words, it just it's a
Speaker 6: weird name. But I like it on Automotive Diagnostic Solutions.
Speaker 6: It makes it sound like they'll find the problem, but
Speaker 6: they also do repairs, right.
Speaker 1: I'm guessing, okay, okay, Well.
Speaker 6: So you say it was just an a side note,
Speaker 6: because there are places that used to do just diagnosis,
Speaker 6: and I think I think they're sorely needed. But anyway,
Speaker 6: so this place, this two thousand and nine Fordoscopic, a
Speaker 6: Ford Escape said they said you got something happened. Do
Speaker 6: they mean something happened at the shop?
Speaker 1: I assumed yes, And he wouldn't really tell me what
Speaker 1: it was. And I immediately came down to the shop
Speaker 1: and looked at I kind of pushed my wings. I
Speaker 1: want to see my car, demand to see it. And
Speaker 1: they had it completely taken apart, all the way down
Speaker 1: to the timing chain.
Speaker 6: Well, what the hell does that mean, what did they do?
Speaker 6: You took your car in for a coil? They call
Speaker 6: and say, by the way, Michelle, something terrible happened. I mean,
Speaker 6: that's weird. And they had it they did? They have
Speaker 6: the engine out or just all apart.
Speaker 12: All apart?
Speaker 1: And I knew enough to know that it was down
Speaker 1: to the timing chain, and I did they admit.
Speaker 6: It was their problem when they said something terrible happened?
Speaker 6: Did they say we did something terrible? What did they mean?
Speaker 1: They wouldn't tell me? Oh my god, Yes, that's what
Speaker 1: I thought.
Speaker 6: Okay, So where does it stand? This was back in October.
Speaker 6: Where does it stand right now?
Speaker 1: Or stands?
Speaker 6: Is?
Speaker 1: They gave me a rental car and I've been using it,
Speaker 1: and then today I'm told that they haven't been paying
Speaker 1: on this rental since the first of November. So now
Speaker 1: I have to return it without and I don't have
Speaker 1: a car to drive.
Speaker 6: And you probably signed. You probably signed and are responsible
Speaker 6: for it.
Speaker 1: I didn't sign anything.
Speaker 13: I guess I have to bring it in.
Speaker 1: I have to release it back to them. It's not
Speaker 1: on my dime. I made sure of that.
Speaker 6: Good.
Speaker 1: Yeah, And I asked you.
Speaker 14: Something my car?
Speaker 6: Can I ask you something what's the last thing you
Speaker 6: heard from them? When you said, hey, the rental's not
Speaker 6: being paid for, my car's still not done. What do
Speaker 6: they say?
Speaker 1: I had my brother handle that part of it, because
Speaker 1: they don't. They're not straight with me. They're not going
Speaker 1: to be straight with him either.
Speaker 6: They what was the last word? What was the last word?
Speaker 6: From Automotive Diagnostic Solutions? By the way, where are they?
Speaker 1: They're in Lafia, They're on baseline. I've got a phone
Speaker 1: number if you need it.
Speaker 6: But they I will in a minute, on baseline in Lofaiette. Okay.
Speaker 1: Yeah, And this engine supposedly they put a new engine
Speaker 1: and it didn't work.
Speaker 6: Way wait wait wait way, way wait wait wait you
Speaker 6: buried the lead. They put a new engine in it. Yeah,
Speaker 6: so they blew your engine, I guess so, and put
Speaker 6: a new engine in. How many miles did you have?
Speaker 1: I had one hundred and sixty Oh that's good engine.
Speaker 6: That's good. So they bought a did they put they
Speaker 6: did they put a used engine in it?
Speaker 5: Yes?
Speaker 6: Was it used or rebuilt? It probably was used. They
Speaker 6: don't owe you a new one. But if they blew
Speaker 6: a one hundred and sixty thousand mile engine, I'm actually
Speaker 6: shocked they stepped up and they wouldness said, well, it
Speaker 6: was on its last leg anyway, but they put a
Speaker 6: used engine in it. What's that they said?
Speaker 15: They did it?
Speaker 6: Okay, well that's pretty good. What do you want us
Speaker 6: to do right now?
Speaker 1: What I want is they're not allowing me to take
Speaker 1: my car?
Speaker 12: Okay.
Speaker 1: Why And I'm thinking I'm going to probably have enough
Speaker 1: to get a court order to get my car.
Speaker 6: Why don't they let you take your car? I'm confused
Speaker 6: me too. Why what reason did they give a reason?
Speaker 6: They just said you can't have your car? Okay, hold on,
Speaker 6: she obviously doesn't know. Hold on, just hold on. Okay,
Speaker 6: who's up today?
Speaker 16: I can call over there Tom and find out why
Speaker 16: they don't give her her damn car back.
Speaker 6: Yeah, Bo, thank you?
Speaker 12: Bo?
Speaker 6: Chiming in? Bo. Who's who's in the studio with you?
Speaker 17: Bo?
Speaker 11: I'm here, I thank you. I'm here also, Tom.
Speaker 6: Okay, I got your text here. Thanks. So Doc and
Speaker 6: Bo holding down the fort by the way, Marcus connect
Speaker 6: but he's working on some behind the scenes stuff for
Speaker 6: the company for us, and uh, he'll be chiming in
Speaker 6: from time to time. And then we have Deputy d here,
Speaker 6: of course, along with olslaw dot com. That's Brad O'Brien. Uh,
Speaker 6: we're gonna take a quick break. I'm Tom Martino. Three
Speaker 6: O three seven one three A two five five Go
Speaker 6: with a sure thing Denver's best roofer Excel Roofing dot com.
Speaker 18: You don't pay a cent until you're content.
Speaker 6: Wait time for an insurance check up free, no obligation
Speaker 6: comparison call Compass Insurance paying too much your coverage at
Speaker 6: dozens of insurance companies find out now three oh three
Speaker 6: seven seven to one help. You'll think you're his only
Speaker 6: customer when you choose Frank durand the real estate Man
Speaker 6: dot com to list your home with Remax Alliance three
Speaker 6: oh three nine two zero sixteen twenty two. Hi Tom Martino,
Speaker 6: you're brble shooter three three seven one three talk seven
Speaker 6: one three eight two five five. So I want to
Speaker 6: uh give this to uh BO and have him call
Speaker 6: and then we'll come back and revisit at Michelle Myra
Speaker 6: has an issue with overheating. Why goodness, it sounds like
Speaker 6: carda today twenty seventeen fourd Escape two escapes one day,
Speaker 6: Hey Mara, what's happening?
Speaker 1: Hi?
Speaker 19: Thank you for taking my call. Yeah, I am calling
Speaker 19: because I am having some issues with a dealership. Oh
Speaker 19: and I just partased a card from them back on
Speaker 19: September twenty eighth.
Speaker 6: Now, is this when you bought the uh, the Escape?
Speaker 19: Yes, on the twenty eighth is when I bought the Escape.
Speaker 6: And it's a used obviously I used twenty seventeen Bard
Speaker 6: And tell me about how many miles were on it?
Speaker 19: About one hundred and fifty Okay.
Speaker 6: Now I often say this, it's not if you're going
Speaker 6: to have problems. You absolutely will have problems with a
Speaker 6: used car. With more than one hundred thousand miles, you
Speaker 6: will have problems, and with one hundred and fifty they're
Speaker 6: going to be more significant. And if you buy anything
Speaker 6: with one hundred and eighty or more, you're going to
Speaker 6: have major problems. So it's not unusual to have problems,
Speaker 6: I guess, unless it was represented in another way. So
Speaker 6: we're going to explore this. My first question, did you
Speaker 6: buy it as is?
Speaker 12: Well?
Speaker 19: It has a two year warranty?
Speaker 4: Oh?
Speaker 6: Okay, now did you buy that warranty?
Speaker 19: No, it came with the car.
Speaker 6: Okay, let's talk about it. Go ahead with your story.
Speaker 19: Yeah, so I bought it on twenty eighth. They're located
Speaker 19: in Sortin, and from Sortin pretty much driving it off
Speaker 19: the lot to Firestone. Not even an hour later, it
Speaker 19: started overheating and all of the ena freeze from the bottom,
Speaker 19: you know it, all it all came out, and I
Speaker 19: popped the hood. I went to check the ana freeze,
Speaker 19: noticed that there was like some weird kind of looked
Speaker 19: like gum like inside, like the radiator and a freeze
Speaker 19: cool it with the reservoir, and I let the salesman
Speaker 19: know right away. Hey, you know the car's overflown or
Speaker 19: overheating and.
Speaker 11: Is gummed up?
Speaker 6: Right? Yeah? Yes, so what happened?
Speaker 19: Photos I sent it, He sent it to him. He
Speaker 19: told me, Hey, the next day he said, you know what,
Speaker 19: bring the car back to the shop. I actually live
Speaker 19: in Langmont, so I was not able to take the car.
Speaker 6: Where did you buy it from? What's my name of
Speaker 6: the place you bought it from?
Speaker 19: Skyline?
Speaker 6: Missabishi Skyline? Where's that located?
Speaker 19: I'm sortant okay, go ahead, yeah, so he said bring
Speaker 19: it to the shop. I took it to the shop
Speaker 19: on October second, and they said that the and a
Speaker 19: freeze container thing or whatnot. The reservoir had a crack
Speaker 19: in it, so they replaced it. Then on October eighth,
Speaker 19: they said, hey, come get your car. I went to
Speaker 19: go get it. The next day it's overheating again, and
Speaker 19: this time it was worse like it was. You know,
Speaker 19: I wasn't getting enough power and the car just which
Speaker 19: I really slow.
Speaker 6: What kind of warranty was this? Can you tell me
Speaker 6: about your warranty?
Speaker 19: You know, I'm not quite sure on that.
Speaker 6: Well, you have it. You have the warranty, warranty? You
Speaker 6: were given a warranty right or where was it mentioned
Speaker 6: you had a warranty?
Speaker 19: It was mentioned when we were when they presented the car.
Speaker 19: They said that I had it to your warranty. That's
Speaker 19: why I said, oh.
Speaker 6: Great, and habit it is. Hold on, Myra, Do you
Speaker 6: have anything in writing that says you have a two
Speaker 6: year warranty?
Speaker 20: Yes?
Speaker 19: I do, because I'm actually working with the warranty company
Speaker 19: as well.
Speaker 6: Right now, okay, what's the name of the warranty company?
Speaker 19: You know I don't have that right now?
Speaker 6: That's okay, okay, Well are they giving you usually? Let
Speaker 6: me just explain something right up front and see if
Speaker 6: you're going to have this trouble usually when you buy
Speaker 6: or it's included any kind of a used car warranty,
Speaker 6: whether you buy it or not. You know, they usually
Speaker 6: exclude all all pre existing conditions, and they usually exclude
Speaker 6: anything caused by a lack of maintenance or abuse. So
Speaker 6: what this sounds like to me is a lack of maintenance.
Speaker 6: Not abuse, but a lack of maintenance and pre existing
Speaker 6: And I'm surprised they haven't told you to pound salt yet.
Speaker 6: What have they told you?
Speaker 19: So they tell me, you know, bring the car back.
Speaker 19: They honestly have had it since October seventeenth. They've had it.
Speaker 6: The dealership, Skyline has had it. Yes, okay, yep, Well
Speaker 6: at least they're okay, at least they're trying, right, So
Speaker 6: dealer has had the car since October twenty six.
Speaker 19: Well, they're not really trying. The warranty company reached out
Speaker 19: to me today and they told me that the Skyline
Speaker 19: Musubushi is not cooperating. They don't want to tear down
Speaker 19: the car for them to show, to show the failed
Speaker 19: components of the engine for it to get replaced, because
Speaker 19: they have a feeling that it's going to get denied.
Speaker 19: That they've been burned in the past before, so they
Speaker 19: don't want to do this.
Speaker 6: So wait a minute, wait a minute to day. So
Speaker 6: the warranty company will not cover it because they need
Speaker 6: to inspect it, and the dealer won't let them inspect it.
Speaker 12: Exactly why.
Speaker 19: I don't know. They said that.
Speaker 6: Well, you shouldn't have to get involved, but you shouldn't
Speaker 6: have to get involved in this fight between Skyline and
Speaker 6: the warranty company. Yeah, I mean, so hold on a second,
Speaker 6: just so you know, and you're not going to like this.
Speaker 6: If you buy a used car, it doesn't matter if
Speaker 6: it's an hour later or six months later. If it's
Speaker 6: under a warranty, the warranty company can ask for evidence. Okay,
Speaker 6: so the warranty company's in the right. Now here's something
Speaker 6: you're not going to like to hear. Who do you
Speaker 6: think has to pay to tear it apart and look
Speaker 6: at it? Who do you think me? That's right? Did
Speaker 6: you tell Skyline? Hey, listen, the warranty company needs to
Speaker 6: inspect it. I'm willing to pay for it.
Speaker 19: No, because I don't have the funds to pay for it.
Speaker 6: Okay, Now that's the problem. Does the deal? Is that?
Speaker 6: Why the dealer isn't cooperating because they say, listen, did
Speaker 6: they ever say to you, Mayra, are you going to
Speaker 6: pay for the inspection? Did they? And then if it
Speaker 6: turns out to be a warranty, of course you're not
Speaker 6: going to pay it, But if it turns out to
Speaker 6: be something else, you are going to pay it. Did
Speaker 6: they ever present that to you in any way?
Speaker 19: Yeah, they said, okay, Then normally they would have to
Speaker 19: pay like a teardown price.
Speaker 6: Okay. And how much did they get, like how much
Speaker 6: do they quote you, Mayra?
Speaker 19: One hundred and fifty dollars an hour and max is
Speaker 19: like five hours?
Speaker 6: Okay, So you understand that's a little different than what
Speaker 6: the warranty company told you. It's not that the dealer
Speaker 6: isn't cooperating, it's that you're not paying for the inspection.
Speaker 6: And this is the problem. You bought and I understand
Speaker 6: your reasoning. Let me let me sum it up before
Speaker 6: you even have to say it. Wait a minute, Tom,
Speaker 6: I bought a car and within an hour starts overheating,
Speaker 6: and now I have to pay to have an inspection done.
Speaker 6: You know, I know, and that's unfortunate. What you should
Speaker 6: have done is had the car checked out completely before
Speaker 6: and then it would have helped. It wouldn't have maybe
Speaker 6: guaranteed it, but it would have helped. So right, your
Speaker 6: car has been there for that long? Have you paid
Speaker 6: for your car?
Speaker 12: Yep?
Speaker 19: I'm about to make my second car payment.
Speaker 6: Okay, how much did the car? How much did you
Speaker 6: put down on the car? And you made one so
Speaker 6: you put two thousand down and made one payment.
Speaker 19: And I'm about to make the second one next week.
Speaker 6: But it's not even running. It's not you know, this
Speaker 6: could be a major problem, could be a minor problem.
Speaker 6: How bad is the engine? Did they say the engine's blown?
Speaker 19: The dealer, the shop told me that they consider it
Speaker 19: as you know, it needs to be replaced. That's all
Speaker 19: they told me. And the warranties like we were trying
Speaker 19: to confirm that, but they won't. They won't tear down
Speaker 19: the well.
Speaker 6: You need to tear it down. Myra, that's the problem,
Speaker 6: you know. And really you agree to it, whether you
Speaker 6: like it or not. I'll bet you I can find
Speaker 6: where you agreed to it in the warranty. See, this
Speaker 6: whole thing was not done correctly. Did you have any
Speaker 6: help buying this car? Is this the first time you
Speaker 6: bought a car?
Speaker 12: Yeah?
Speaker 19: Pretty much on my own.
Speaker 6: Yes, okay, how much did you pay for it? I mean,
Speaker 6: what's the purchase plate?
Speaker 19: I think it was like ten or eleven.
Speaker 6: Grand Okay, all right, listen, I'm going to have Deputy
Speaker 6: D call over there and try to cut you a
Speaker 6: braake my god. I mean, if it's under warranty, you know,
Speaker 6: I'm hoping you have a warranty. I mean, technically you
Speaker 6: don't have anything in your hands. What if what if
Speaker 6: misubitius says, oh, by the way, we don't really have
Speaker 6: a warranty, and and the warranty company says there's no
Speaker 6: warranty here. I mean, how would you even prove it?
Speaker 6: Is it written anywhere anywhere? Does it?
Speaker 12: Yeah?
Speaker 19: They gave me like a flash drive.
Speaker 6: Excellent, excellent, excellent, excellent, excellent. Okay, Mayra, I'm gonna have
Speaker 6: his we call him Deputy D. His name's Dimitri. He's
Speaker 6: gonna be calling you today, okay, And that's our that's
Speaker 6: our nickname for helpers here. We're going to try to
Speaker 6: call this dealer and just try to get you a break, Like,
Speaker 6: come on, guys, what does the warranty company need to know?
Speaker 6: It can't be that bad? Help her out okay, hold
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Speaker 6: paying too much your coverage at dozens of insurance companies
Speaker 6: find out now three all three seven to seven to
Speaker 6: one help. You'll think you're his only customer when you
Speaker 6: choose Frank durand the real estate Man dot com to
Speaker 6: list your home with Remax Alliance three all three nine
Speaker 6: two zero sixteen twenty two. Tom Martine here at three zero,
Speaker 6: three seven and three talks seventy three eight two five five.
Speaker 6: All right, let's talk about your problems, questions and complaints
Speaker 6: and anything you want and I did get a text
Speaker 6: about b oh I. That's not a new kind of
Speaker 6: body odor bo I. It is something that is required
Speaker 6: now by the government, and there's hefty fines if you
Speaker 6: don't do it. And I haven't had many questions on it,
Speaker 6: but you know what, it's very important we go over
Speaker 6: it now. I conducted, I didn't buy. I didn't get
Speaker 6: a professional to do it. By the way, this was
Speaker 6: a this was a requirement from the government. Recently Biden's
Speaker 6: administration came out with it. I don't want to politicize it,
Speaker 6: but it was very political and it's beneficial owner information
Speaker 6: on all companies. And we'll talk about that. But right
Speaker 6: now I want to continue with this issue with Myra.
Speaker 6: I think Mayra, we need to d is calling the dealer,
Speaker 6: but we need to ask you if you can to
Speaker 6: get any information you have on that warranty for me
Speaker 6: and and send it to us. Okay, you got that, Mara,
Speaker 6: All right?
Speaker 19: Where do I send it to?
Speaker 6: We're gonna get Okay, help at troubleshooter dot com. That's
Speaker 6: our email. Okay, all right, Now we have Brad O'Brien
Speaker 6: is with us olslaw dot com. Let me bring him
Speaker 6: up okay, and we're talking about landlord, tenant stuff and
Speaker 6: all real estate stuff, Tracy as a question or concern.
Speaker 6: Go ahead, Tracy, Hi, Tracy, Hi, Tracy, what's going on?
Speaker 1: Hi, I'm cayeing regarding a tenant land lord THEO I'm
Speaker 1: the tenant, and it is regarding my rent. Okay, go ahead, Okay.
Speaker 1: So I have been renting on and off from the
Speaker 1: same people for about twelve years, and the last.
Speaker 10: I got a.
Speaker 1: I okay, we did a three year lease. This last
Speaker 1: one and halfway.
Speaker 10: Through the leaf, I get.
Speaker 1: Notice an email from the person who's supposedly their property
Speaker 1: manager saying that I need to increase my rent and
Speaker 1: I'm like, I have a three year lease and you
Speaker 1: haven't fixed the issues.
Speaker 6: That you have a three year lease. It's actually a
Speaker 6: three year lease.
Speaker 1: I had a three year lease. I don't have that
Speaker 1: term has passed.
Speaker 6: Now, Okay, then when did that? Okay, I need to
Speaker 6: know a few things, just very basic. When did that
Speaker 6: three year lease?
Speaker 1: Expect it expired on the thirty first of January of
Speaker 1: twenty twenty twenty one, twenty two, twenty twenty three, twenty six,
Speaker 1: Part four, January thirty first, twenty twenty fourth.
Speaker 6: Okay. So you had a three year lease that reverted
Speaker 6: it's called to a month to month. Month that reverted
Speaker 6: to a month to month and it happened in January,
Speaker 6: at the end of January. Okay, So then when were
Speaker 6: you notified they were going to raise your rent?
Speaker 1: Well, they raised my rent in the middle of the
Speaker 1: leaf of the three year lease.
Speaker 6: Well, hold on, how did they raise your rent in
Speaker 6: the middle of a three year lease if the three
Speaker 6: year lease did not allow it?
Speaker 1: Because he told me if I didn't pay the extra
Speaker 1: amount that they wouldn't fix the HVAC system. And so
Speaker 1: you know, I paid the extra amount every month and
Speaker 1: I still never got the HVAC system fixed.
Speaker 6: Okay. I want to know something though, this is really important.
Speaker 6: Are you positive that you had a three year lease
Speaker 6: with a level rent and it was there was no
Speaker 6: escalator clause for raising the rent in that three year lease?
Speaker 6: There was not, okay, and then they came.
Speaker 1: But I had this full story because this is over
Speaker 1: the last ten months, they've raised my rent three times.
Speaker 6: I understand, but we're gonna we're gonna outline that. But
Speaker 6: that's why I need to know this. So you had
Speaker 6: a three year lease, that started.
Speaker 1: When it started?
Speaker 10: Okay?
Speaker 1: I had originally lived in the property for seven years,
Speaker 1: and then I moved to Arizona for two years, and
Speaker 1: then I moved back.
Speaker 6: That's all I care about. That's all we care about.
Speaker 6: When did that three year lease start approximately in twenty
Speaker 6: twenty was it?
Speaker 1: No, it started February one of twenty twenty one.
Speaker 18: Okay, February January.
Speaker 6: February twenty twenty one, you had a three year a
Speaker 6: three year lease start? Did February of twenty twenty one? Okay? Now,
Speaker 6: and then listen, this is important. When did they raise
Speaker 6: and it specified that there would be level rent for
Speaker 6: three years?
Speaker 12: Yes?
Speaker 6: Okay, so you would have kept the same You would
Speaker 6: have kept the same rent for twenty two, twenty three,
Speaker 6: and twenty four. You would still be under that three
Speaker 6: year lease.
Speaker 1: Huh, I would have this is it went from February
Speaker 1: twenty twenty.
Speaker 10: One to.
Speaker 1: They raised my rents for the year of twenty twenty three, they.
Speaker 6: Raised care Tracy, please help me out here. You signed
Speaker 6: a lease February of twenty twenty one for how long?
Speaker 12: For three years?
Speaker 6: Okay? So it expired, please, Tracy.
Speaker 1: It expired on January thirty, first, of twenty twenty four.
Speaker 6: That's right. You know you're right, You're absolutely correct, that's right.
Speaker 6: I wanted to clarify that. But they raised your rent
Speaker 6: a year later or.
Speaker 4: Two years later earlier?
Speaker 6: Yeah, a year earlier, right, two years later, that's right,
Speaker 6: that's right. And when they did that, they forced you.
Speaker 6: They said, I don't care, you're going to pay it
Speaker 6: because if you don't, we're not fixing the HVAC. Yes, yes, wow, okay.
Speaker 6: Then they raised it more. When did they raise it again?
Speaker 12: Then I got.
Speaker 1: I got in an email on January or it was,
Speaker 1: I believe October.
Speaker 10: It was just response.
Speaker 1: So they raised my rent. So this year I paid
Speaker 1: more than I was the first two years. So I
Speaker 1: paid more this year. And then I get a thing on.
Speaker 10: October.
Speaker 6: Okay, hold on, we got to take a break. Just
Speaker 6: hang on, I'll come back to you. We can make
Speaker 6: this very simple. You had a three year lease without
Speaker 6: all theorization. They raised your rent, but you agreed to it.
Speaker 6: I don't know what that does. We'll ask our attorney.
Speaker 6: Two years into the three year least, they raised the red.
Speaker 6: Then it reverted to month to month in January, and
Speaker 6: they raised it again after that, Right, hel.
Speaker 12: Three times.
Speaker 1: Okay, they want their want a meath of pay and
Speaker 1: even more, got it more, got it?
Speaker 6: Hold on, we got more coming right up. Go with
Speaker 6: a sure thing Denver's best roofer Excel Roofing dot com.
Speaker 6: You don't pay a cent until you're content. Time for
Speaker 6: an insurance check up free, no obligation. In comparison, call
Speaker 6: Compass Insurance paying too much your coverage at dozens of
Speaker 6: insurance companies find out now three all three seven to
Speaker 6: seven to one. Help. You'll think you're his only customer
Speaker 6: when you choose Frank durand the real estate Man dot
Speaker 6: com to list your home with Remax Alliance three three
Speaker 6: nine two zero sixteen twenty two. Hi Tom Martino, I
Speaker 6: am your troubleshooter three three seven one three talk three
Speaker 6: l three seven one three eight two five five. So
Speaker 6: we uh have this situation, Brad where her rent was
Speaker 6: raised a lot. But I don't understand. Let's take one
Speaker 6: at a time. If she was in the middle, well
Speaker 6: not in the middle, but she was two years into
Speaker 6: a three year lease and they raised her rent and
Speaker 6: she paid it? What is that? Tell me how that works?
Speaker 6: Did she waive her rights?
Speaker 7: It is possible that she waved her right to keep
Speaker 7: that fixed rent for the full three years. But you know,
Speaker 7: it's a fact based issue. And if if there was
Speaker 7: something in there where the landlord made a promise that
Speaker 7: it was fraudulent or lacked cons iteration like value for
Speaker 7: that promise, then maybe she was tricked into paying a
Speaker 7: higher rent. Maybe she could go back and sue for
Speaker 7: that recovery of that additional rent she paid.
Speaker 6: So let's take that one item, Tracy, do you have
Speaker 6: anything in writing that says if you pay the extra money,
Speaker 6: they'll fix the HVAC.
Speaker 1: No, I don't, because it was a phone call. I
Speaker 1: had rented from these people.
Speaker 19: For a very very get it.
Speaker 6: I get it, and then you moved and came back.
Speaker 6: How much extra rent at that time?
Speaker 1: It was a very small amount.
Speaker 5: Of how much?
Speaker 6: How much when the property? How much the property? How much?
Speaker 1: I ended up paying an extra twenty five dollars a month?
Speaker 6: All right, hold on it, we'll come right back to you. Okay,
Speaker 6: an extra twenty five then and more after that, so
Speaker 6: we'll talk to you. Go with a sure thing Denver's
Speaker 6: Best roofer Excel roofing dot com. You don't pay a
Speaker 6: cent until your content time for an insurance check up free,
Speaker 6: no obligation. In comparison, call Compass Insurance. Pay too much
Speaker 6: your coverage at dozens of insurance companies find out now
Speaker 6: three all three seven seven to one help. You'll think
Speaker 6: you're his only customer when you choose Frank Duran, the
Speaker 6: real estate Man dot com to list your home with
Speaker 6: Remax Alliance three oh three nine two zero sixteen twenty two.
Speaker 12: Yeah, rip.
Speaker 6: New need that so you don't have.
Speaker 3: Come running as fast as we can. Shooter's gonna help.
Speaker 21: Come man.
Speaker 5: This is the Troubleshooter Show Now Tom Martino, Tom Martino.
Speaker 6: Here, Welcome to the show. Three oh three seven one
Speaker 6: three talk three oh three seven one three eight two
Speaker 6: five five. Here to help you solve problems, to answer questions,
Speaker 6: and to take complaints. This hour brought to you by
Speaker 6: Frank durand the real Estateman dot com. If you're looking
Speaker 6: for a market valuation of your home, you want to
Speaker 6: know what it will sell for. He can tell you
Speaker 6: based on today's market conditions, and it's free of charge,
Speaker 6: complete analysis. You can't do better than Frank durand the
Speaker 6: real Estate Man dot Com. He'll tell you what you'll
Speaker 6: net and what you can buy three oh three nine
Speaker 6: two zero sixteen twenty two For Frank. I'm Tom Martinez.
Speaker 6: Been doing this show for forty five years plus, been
Speaker 6: on TV and the internet referrals dot com. What I
Speaker 6: try to do is help you in every possible way.
Speaker 6: So give me a call. And I think from what
Speaker 6: Tracy's telling me, I think she's been screwed. I'm going
Speaker 6: to bring up Brad O'Brien, our real estate attorney for today.
Speaker 6: Brad is with us, and Brad first and foremost, if
Speaker 6: she had a lease and a two years into a
Speaker 6: three year lease, they say we're raising your rent twenty
Speaker 6: five dollars to help offset the HVAC repairs. Now she
Speaker 6: can't put her finger on that. Would they deny that?
Speaker 6: If you brought it up to them, you mean a court,
Speaker 6: if you said to the landlord. I was just wondering,
Speaker 6: if you said to the landlord, hey, you promised this,
Speaker 6: if I did this, would they deny that?
Speaker 1: Probably because he denies everything.
Speaker 6: Okay, then then then that's bad. So Brad, I think
Speaker 6: she lost out on that. If she voluntarily paid twenty
Speaker 6: what do you think?
Speaker 7: I think that the lander may hold the extra payments
Speaker 7: in trust as an additional security deposit, because a security
Speaker 7: deposit is defined as anything other than rent that's paid
Speaker 7: the lead.
Speaker 6: Yeah, but it was rent. I don't think he held it.
Speaker 8: Well, I didn't.
Speaker 6: Oh oh oh, he's saying on paper it's not rent
Speaker 6: because you can show that the rent was a certain
Speaker 6: amount and you paid more.
Speaker 4: Yeah, okay, because they.
Speaker 6: Never changed the lease at that time, did they?
Speaker 12: No? They haven't. No.
Speaker 1: And my biggest problem now is the last ten months
Speaker 1: where I've gotten my rent increase now three times.
Speaker 6: No, I know that part we're going to get to.
Speaker 6: I wanted to take it one step at a time.
Speaker 6: So come January, the end of January, your lease expires
Speaker 6: and it goes month to month. Now here's what I
Speaker 6: need to know, without a story, just I need to know,
Speaker 6: like the times after January, you had already had one
Speaker 6: rent increase during the three years after January, when you
Speaker 6: went month to month, when was your next raise?
Speaker 1: My rent went up one hundred and fifty dollars on
Speaker 1: the first of February twenty twenty four, So.
Speaker 6: Right after the lease expired they did it again.
Speaker 12: Correct?
Speaker 6: Then when.
Speaker 1: Then I got an email on nine thirty twenty four
Speaker 1: telling me that my rent was going to go up
Speaker 1: another twenty seven dollars.
Speaker 6: So in January, and okay, in February, and again, how
Speaker 6: much did it go up in September?
Speaker 22: Twenty seven?
Speaker 6: Twenty seven dollars? Weird amount in September, Well.
Speaker 1: They said, he's in the email. It said it's a
Speaker 1: twenty it's a two percent.
Speaker 6: Okay, it doesn't matter, hold on, so so hold on.
Speaker 6: So they raised it one hundred and fifteen February twenty seven.
Speaker 6: In September, and what was the third one?
Speaker 1: And then I just got an email on Friday telling
Speaker 1: me it's pulling up another twenty five that I need
Speaker 1: to pay. The total amount that I need to pay
Speaker 1: for the first of December is the total amounts that
Speaker 1: they want.
Speaker 12: And I'm just.
Speaker 6: Hold on, how much are they raising it again?
Speaker 12: Oh?
Speaker 1: Another twenty five?
Speaker 6: Okay, Brad? It sounds to me like they're not following
Speaker 6: the law right Colorado Statute and resident listen carefully, Tracy.
Speaker 7: In residential rentals and landlord can raise the rent only
Speaker 7: once in any roll in.
Speaker 8: Twelve month period.
Speaker 7: So they increased it on February first of this year.
Speaker 7: That means they cannot increase it again until February first
Speaker 7: of twenty five.
Speaker 6: Well, first of all, they by by raising it twenty
Speaker 6: seven in February, they already raised it more than they
Speaker 6: could because they did it.
Speaker 1: They raised it one hundred and twenty five, one hundred
Speaker 1: and fifty dollars in February.
Speaker 6: That was wrong, That one was wrong.
Speaker 8: Well, what was the date of the previous one before that?
Speaker 6: Great Tracy? That what, Tracy, what we're trying. Here's what
Speaker 6: we're trying to establish. They can't raise rent within twelve
Speaker 6: months of each other.
Speaker 12: So that's that's what I thought.
Speaker 6: So the one that they raised to them, the one
Speaker 6: that they raised for twenty five dollars, was it more
Speaker 6: than a year before February.
Speaker 1: They raised they raised them. It was they wanted the
Speaker 1: first twenty five dollars raise. He called me on the
Speaker 1: sixth January sixth, twenty twenty three, telling you that February
Speaker 1: my rent would be raised. He's originally said seventy five dollars.
Speaker 1: And I'm like, what, I have a lead, Tracy.
Speaker 6: None of this matters, Tracy, Tracy, you're giving. All we
Speaker 6: care about is what we ask. So the previous rent
Speaker 6: increase before February of twenty twenty four was when.
Speaker 1: February of twenty twenty three was okay.
Speaker 6: Then they had a right to raise it probably in February. Okay.
Speaker 6: Now what they didn't have a right to do is
Speaker 6: raise it again in September and now again in December.
Speaker 6: They just don't have it right.
Speaker 1: And I don't know how to get that across to them.
Speaker 6: Well, how does she get it across to them?
Speaker 7: Well, she or an attorney for her can advise the
Speaker 7: landlord that the statute thirteen forty one.
Speaker 6: Oh eight thirteen forty one oh eight.
Speaker 8: Hold on, is that the right one that is worth
Speaker 8: That is one that's wrong? That is wrong. I meant
Speaker 8: to say thirty eight twelve seven oh twos.
Speaker 7: Excuse me, crs thirty eight twelve seven oh two is
Speaker 7: the limitation on raising rented yep, and dodge any any
Speaker 7: rent increase that violates this debt.
Speaker 6: So it's voice I.
Speaker 12: Am on the month to month lease.
Speaker 6: Yes, that's right, that's right, even a.
Speaker 1: Month to month.
Speaker 6: The one fifty rays you can't get back. But that
Speaker 6: twenty seven they did in September, that one they did
Speaker 6: in the one they did in February was probably correct.
Speaker 1: I didn't I didn't pay that amount though, because I
Speaker 1: was like, this is not right.
Speaker 6: I wait a minute, Tracy, Tracy, Tracy, what the one
Speaker 6: fifty was probably correct because it was a year after
Speaker 6: the other raise. Okay, we're just giving you the facts,
Speaker 6: like it or not. Did you pay the additional one
Speaker 6: fifty when they raised your rent in February?
Speaker 12: Yes?
Speaker 6: Yes, okay, good, excellent. Now in September, you did not
Speaker 6: pay the additional twenty seven, right.
Speaker 1: I did not pay the additional twenty seventh October or November,
Speaker 1: and I got a nasty email telling me that I
Speaker 1: needed to pay that amount.
Speaker 21: Okay.
Speaker 1: I got an email a week week after that email
Speaker 1: telling you that they're raising an additional twenty five.
Speaker 6: Okay, you're in the driver's seat right now. You need
Speaker 6: to let them know you know better, okay, And then
Speaker 6: if they try to evict you, you're going to use
Speaker 6: that as your defense. The next time they can raise
Speaker 6: your rent. The next time they can raise your rent,
Speaker 6: League Lee, would be in February, you know, a year,
Speaker 6: a year, that's right, whatever, the actually a year from
Speaker 6: the one fifty, that's right. So write them a letter
Speaker 6: and quote the law, quote the law.
Speaker 1: Could you tell me what the law is exactly.
Speaker 6: Please give them that give her that statute number again.
Speaker 7: Yes, CRS, which means Colorado Revice Statue ce RS thirty
Speaker 7: eight dash twelve dash seven oh two.
Speaker 6: Thirty eight dash twelve dash one O two seven oh
Speaker 6: two seven oh two.
Speaker 23: Sorry, Hey, can I ask Tracy a question? Tom, go ahead,
Speaker 23: and Tracy, do you want to stay there with these people?
Speaker 1: This is the other thing. I I had a cancer
Speaker 1: diagnosis and surgery. Okay, so I am needing to stay
Speaker 1: at least through March, and then I wasn't even going
Speaker 1: to stay after they raised my was that I had
Speaker 1: a cancer diagnosis, and that's terrible.
Speaker 6: Tracy recovery, Tracy, keep this in mind, Okay, keep this
Speaker 6: in mind. I understand that. I totally understand that, and
Speaker 6: I'm sorry about that. I hope you're doing well, by
Speaker 6: the way.
Speaker 1: I'm I'm recovering. It's been a long it's been a
Speaker 1: long couple of months.
Speaker 6: Okay. Now that doesn't play into anything, though, just so
Speaker 6: you know, right, okay, just so you know, I know.
Speaker 1: That I'm afraid of retaliation on that as well, not
Speaker 1: so much on the people that own the property, but
Speaker 1: on the property manager.
Speaker 6: Well, Okay, but the point is, how can they retaliate like.
Speaker 1: They have not giving me a good reference?
Speaker 6: Oh you know something, Well, they can't sue you for
Speaker 6: something that's illegal, and they can't even evict you unless
Speaker 6: they have a just cause. So you know, right now,
Speaker 6: the way the laws are, you're kind of okay. But
Speaker 6: as far as a bad reference, I think landlords and
Speaker 6: tenants are getting I mean, landlords and management companies are
Speaker 6: getting away from any references because they're getting sued too much. Brad,
Speaker 6: don't you find a lot of landlords don't want to
Speaker 6: give references bad or good.
Speaker 8: That's probably probably true. Yeah.
Speaker 6: Yeah, So so listen, call us back once you write them
Speaker 6: that letter, cite the law, let us know what happens.
Speaker 6: I'm Tom Martine.
Speaker 11: Oh you know that in February.
Speaker 6: Yeah she does, Yes, Okay, that's what we told her.
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Speaker 18: You don't pay a cent until you're content.
Speaker 6: Time for an insurance check up free, no obligation comparison
Speaker 6: call Compass Insurance paying too much your coverage at dozens
Speaker 6: of insurance companies find out now three all three seven
Speaker 6: to seven to one help. You'll think you're his only
Speaker 6: customer when you choose Frank durand the real estate Man
Speaker 6: dot com to list your home with Remax Alliance three
Speaker 6: all three nine two zero sixteen twenty two times. Tom
Speaker 6: Martino here three all three seven one three talk three
Speaker 6: oh three seven one three eight two five five. Okay,
Speaker 6: so hold on, let me go to people who have
Speaker 6: been here a while. So I think we've exhausted, Yeah,
Speaker 6: we've exhausted that we're done with Tracy at this point.
Speaker 6: I'm sorry to have to go back on that. Now,
Speaker 6: let me go back to Elaine. Elaine has she said
Speaker 6: she wants to talk about being scammed on the refinance
Speaker 6: of a home, and I hope this isn't true. Elaine
Speaker 6: explained this to me.
Speaker 12: What's going on, Well, my home is interest by parents
Speaker 12: have both passed away, and I was having a problem
Speaker 12: with the mortgage company that starts there.
Speaker 6: Okay, So hold on, when your mom and dad passed away?
Speaker 6: Did they pass away at the same time? No, who
Speaker 6: left the home to you?
Speaker 12: When my mom passed it went through to the trust?
Speaker 6: Okay, got it? So now you own the trust still
Speaker 6: owns the house.
Speaker 12: Yes, okay, go ahead, Well it's sort of anyway.
Speaker 6: What does that mean? Sort of? What does that mean?
Speaker 6: Sort of? Brad is listening.
Speaker 12: It's been foreclosed on. And this is because as the
Speaker 12: scam was foreclosed on yesterday.
Speaker 6: Okay. But but Elaine, this is really important. So I
Speaker 6: need to know something. When did your mom pass away?
Speaker 12: Seventeen?
Speaker 6: Okay? So she left it in a trust and you
Speaker 6: never took it out of the trust? Is that correct? Okay?
Speaker 6: Did you were you a trustee?
Speaker 12: Yes?
Speaker 6: Okay? And so you continued to live in the house
Speaker 6: is that correct?
Speaker 12: And make the payments?
Speaker 6: Okay? And the payments and the mortgage was lent to
Speaker 6: the trust. Is that correct?
Speaker 12: Yes?
Speaker 20: Well, no my parents.
Speaker 6: Okay, but I need to know this before we move on.
Speaker 6: I need to know this. Did the mortgage company have
Speaker 6: any problem with the trust having the home after your
Speaker 6: parents passed and with you paying it?
Speaker 12: No?
Speaker 6: Okay, so now continue. I knew your story.
Speaker 12: Anyway, So they went on, and then, of course weeks,
Speaker 12: I kept paying it, and then I went to try
Speaker 12: and reinstate.
Speaker 6: No wait, hold on, you skipped a whole bunch. You
Speaker 6: kept paying it and then went to reinstate. Well, what
Speaker 6: do you mean reinstate. You don't have to reinstate anything
Speaker 6: if you're making payments. So tell me what happened.
Speaker 12: Okay, I apologize.
Speaker 6: No, no, don't apologize. Just I'm confused. There's no reason
Speaker 6: to apologize. So you kept making your payments and somewhere
Speaker 6: along the line, somebody scammed you. What happened?
Speaker 12: I had I stopped making payments because I wasn't working
Speaker 12: at the time.
Speaker 6: When did you stop making payments? When did you stop?
Speaker 22: Well?
Speaker 12: I have made several payments since that they hadn't been
Speaker 12: credited as payments.
Speaker 6: Okay, here's what I need to know. Elaine, Elaine Elaine
Speaker 6: two thousand nights in twenty seventeen, the house went to
Speaker 6: you in a trust. I just need to know this.
Speaker 6: This is really important. I know people think it's a
Speaker 6: pain in the ass, but we have to know. You
Speaker 6: made payments for a period of time, then you stopped
Speaker 6: making payments for a period of time, then you resume
Speaker 6: making payments. Is that correct?
Speaker 12: Yes?
Speaker 6: Okay. What I need to know is those periods of
Speaker 6: time you continued to make payments from two thousand and
Speaker 6: seventeen to.
Speaker 12: When through twenty nineteen?
Speaker 6: Okay, you made she made payments through twenty nineteen. Then
Speaker 6: what then you stopped.
Speaker 12: Then contacted them to see about getting a reinstatement. That
Speaker 12: would have been October okay, accidently of twenty nineteen.
Speaker 6: Okay, hold on, I don't even know what you mean
Speaker 6: by a reinstatement. You said you made payments from two
Speaker 6: thy seventeen to through twenty nineteen. Why would you have
Speaker 6: to ask them for a reinstatement if you had made
Speaker 6: payments that whole time.
Speaker 12: Says I had stopped making payments, I couldn't make payments.
Speaker 6: Okay, that's Elaine, That's what I'm asking you. I promise
Speaker 6: I'm trying to help you. You said, you took over
Speaker 6: the home in twenty seventeen, and you continued to make
Speaker 6: payments for how.
Speaker 12: Long through twenty nineteen?
Speaker 6: But then you said, in two thousand nineteen you asked
Speaker 6: for reinstatement. And I asked you why, and you said,
Speaker 6: because you stopped making payments, you don't have to ask
Speaker 6: for reinstatement. If you were making your payments. You said
Speaker 6: you were making payments from twenty seventeen through twenty nineteen,
Speaker 6: so in twenty nineteen you would not ask for reinstatement
Speaker 6: because the house would not have been foreclosed on. So
Speaker 6: please help us explain, help us understand this for you.
Speaker 12: I'm trying.
Speaker 6: Oh, okay, then go ahead, I'll shut up.
Speaker 4: Go ahead.
Speaker 6: What happened in twenty nineteen, after you had been making
Speaker 6: payments steadily? What happened in twenty nineteen?
Speaker 12: I couldn't make payments and I hadn't made a payment
Speaker 12: for like four months. So the company called, and I
Speaker 12: had called them trying to get somebody to help.
Speaker 6: This was in twenty nineteen. You had missed four payments. Okay,
Speaker 6: got it, Okay, keep going.
Speaker 12: So I called and they said, let's go through a
Speaker 12: restate reinstatement process. So we started.
Speaker 6: What did they say that meant? What did that mean
Speaker 6: to them when they said, we're going through a restatement process, Brad,
Speaker 6: have you ever heard of a restatement process?
Speaker 20: Have you ever heard of that reinstatement?
Speaker 6: Reinstatement? Have you ever heard of that go ahead?
Speaker 8: If the lender put the.
Speaker 7: Late mortgage into a suspense account and sort of put
Speaker 7: it in their none performing account department, then is not
Speaker 7: in the regular course of repayments a right.
Speaker 6: So sometime in twenty nineteen she stopped making payments. Then
Speaker 6: they said to her, let's reinstate it. Then what happened?
Speaker 20: So I started to reinstatement with him?
Speaker 6: And what does that mean? What does that mean? You
Speaker 6: started the reinstatement? Was it like an application or what?
Speaker 5: Was it exactly?
Speaker 12: That they had a three month time period to get paperwork.
Speaker 12: Paperwork had to be in they needed trust in all
Speaker 12: kinds of things, title needed to be changed, et cetera. Okay,
Speaker 12: and they had a three month period. Now to you
Speaker 12: get to Thailand the paperwork all done. I also needed
Speaker 12: my son for something. He was deployed and is now again.
Speaker 6: Why did you need your son? Hold on Elaine, You
Speaker 6: just threw your son into this where he was never
Speaker 6: mentioned before. Why did you need your son? You got
Speaker 6: to explain that. Why did you need him?
Speaker 12: Because I was needed to move the be come into
Speaker 12: a different name and the deed. I need to move
Speaker 12: it into the new family trust because the mortgage company
Speaker 12: wanted me to do that.
Speaker 6: The mortgage company wanted you to move the house into
Speaker 6: someone else's name.
Speaker 12: Yeah, I and some out of the trust.
Speaker 6: Okay. And you needed your son for what reason? They
Speaker 6: wanted you to put it in your son's name.
Speaker 12: I needed his signature to put it in a new trust.
Speaker 6: Why his signature to put it in a new trust?
Speaker 12: He's on the new trust?
Speaker 6: Okay? All right? Who recommended this new trust?
Speaker 12: By the way, Well I did. I knew I needed
Speaker 12: to do it because of the home was with my
Speaker 12: parents' trust and that's how I wanted it.
Speaker 6: Did an attorney tell you to do a new trust?
Speaker 12: No?
Speaker 6: Okay. So, so after the bank contacted you and said
Speaker 6: we need to do a reinstatement, you formed a new trust.
Speaker 12: I was, yes, I was in the process because they
Speaker 12: needed that paperwork to.
Speaker 6: Do it, got it go ahead.
Speaker 20: I needed the paperwork to do it.
Speaker 6: Okay, Okay, then what.
Speaker 10: Anyway?
Speaker 12: Their time frame was short, and trying to get a
Speaker 12: hold of somebody who is deployed in the ocean somewhere
Speaker 12: is not easy. I asked them several times if they
Speaker 12: could extend that month to get that then, and they said,
Speaker 12: I don't know, we'll see. Because I was working. Colorado
Speaker 12: has that single point of contact rule.
Speaker 4: And the point we hold on.
Speaker 6: Hold on, wait, wait, wait, wait, wait, wait, wait wait again.
Speaker 6: What do you mean by a single point of contract rule.
Speaker 12: Colorado? When you're dealing with the mortgage and refinance and
Speaker 12: reinstatement all that they have a rule that the mortgage
Speaker 12: company has to have a single point of contact for
Speaker 12: their customers.
Speaker 6: Okay, got it? So then what.
Speaker 12: Well, all she could do is give me information and
Speaker 12: what I'd ask for an extra little bit of time
Speaker 12: to get it done. She said, I don't, I don't know.
Speaker 12: We'll have to wait and see.
Speaker 6: Okay, But in all of this time, in all of
Speaker 6: this time, you were not making payments. Is that correct?
Speaker 12: No, they wouldn't take them.
Speaker 6: They wouldn't take them because you were so far in
Speaker 6: the rears.
Speaker 12: Well right, And every time we'd start I would make
Speaker 12: a payment, and then they would not take a payment
Speaker 12: because they had to start over.
Speaker 6: Because let's explain why. Let's explain why, Elane. Okay, they
Speaker 6: are totally in the driver's seat when you stopped making payments,
Speaker 6: and they did not want they did not want to
Speaker 6: trigger a new agreement. They wanted to you. They wanted
Speaker 6: you to get someone else to basically take over the
Speaker 6: house and make the payments. They didn't they no longer
Speaker 6: trusted you or wanted you as a customer. That's really
Speaker 6: what I'm hearing now, Brad. I might be wrong, but
Speaker 6: what I'm hearing is they told her, listen, if you
Speaker 6: can find someone to do a loan and to take
Speaker 6: over the house, fine, you know, maybe we can refinance
Speaker 6: it with the new amount of the arrears built in,
Speaker 6: but we need to get it done. And she thought, well,
Speaker 6: I'll get my son to do it. But that's not
Speaker 6: their fault that she picked someone who's deployed you. It
Speaker 6: is do I have it right so far or not?
Speaker 1: No?
Speaker 6: Okay, what part do I have wrong? Because we're gonna
Speaker 6: find out.
Speaker 12: I want it.
Speaker 6: Okay, I gotta take a break. Hang on, hang on, listen.
Speaker 6: I'm not trying to trick you. I'm trying to help you.
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Speaker 6: three oh three nine two zero sixteen twenty two. Hi
Speaker 6: Tom Martinez here three all three seven one time seven
Speaker 6: one three eight two five five. Welcome to the show. Now,
Speaker 6: I want to go back to the phones now. I
Speaker 6: got to make this We we really have to clear
Speaker 6: this up because we need to take other callers. So
Speaker 6: I want I want Naomi and Don and Todd to
Speaker 6: please hang on. We will take your calls. Please, Elaine.
Speaker 6: We have to finish up this call. But here's what
Speaker 6: here's what we need to ask. What you talk about
Speaker 6: a reinstatement is really a refinance. There is no such
Speaker 6: thing as a reinstatement. I'm sorry, but there isn't. And
Speaker 6: what you're talking about is some kind of refinance using
Speaker 6: your son instead of you. And I think they were
Speaker 6: going to put therearage into the refinancing, but you said no,
Speaker 6: that's not what they were going to do, So why
Speaker 6: don't you correct me?
Speaker 12: Okay? The reinstatement with the mortgage company was to reinstate
Speaker 12: the current loan and then continue payments on that.
Speaker 6: And they were just going to forget about all the
Speaker 6: money you missed, right, all the interest you didn't pay,
Speaker 6: they were just going to forgive it.
Speaker 12: No, the reinstatement added that back into it.
Speaker 6: And then that's called a refinance. Keep going, okay, Okay,
Speaker 6: keep going?
Speaker 20: Then what they called it a reinstatement.
Speaker 6: Okay, I don't care what they called it. And now what.
Speaker 12: Now what we're gonna because that's a whole different saga. Anyway,
Speaker 12: I did not get approved for that, okay. So I
Speaker 12: started looking for another company to do the mortgage, and
Speaker 12: I found somebody I thought that could help me. I
Speaker 12: did some research, didn't find any complaints on them, and
Speaker 12: I signed on with them. They said they could help me.
Speaker 12: This is where the problem comes, Okay, That's where.
Speaker 20: I was scammed.
Speaker 6: Tell me how.
Speaker 12: They said they could help me? And I should have
Speaker 12: known better. I was stupid, naive or guestin.
Speaker 6: How did you get scammed? Let's go to the park
Speaker 6: where you got scammed? How did you get scammed?
Speaker 12: They said they were going to help me, they were
Speaker 12: going to stop the foreclosure, get me financing, okay, and
Speaker 12: all of that, and I said fine, okay. Then at
Speaker 12: that point, I was just days before the first foreclosure date.
Speaker 6: And wait a minute, how did they say that? How
Speaker 6: did they say they were going to help you?
Speaker 12: They were going to get me refinanced, stop the foreclosure,
Speaker 12: contact the attorney.
Speaker 6: For the mortgage coun Do you have anything in writing
Speaker 6: to that effect or did they contact the bank at all?
Speaker 12: I do have stuff in writing for that.
Speaker 6: You have stuff in writing saying that we will stop
Speaker 6: the foreclosure and refinance you and help.
Speaker 12: Me get refinanced. Yes?
Speaker 6: And did you have to pay them any money for this?
Speaker 12: Unfortunately? I did?
Speaker 6: How much?
Speaker 12: Fifteen dollars?
Speaker 6: Yeah, you got scammed. Did they end up owning the
Speaker 6: house or did it just get foreclosed on?
Speaker 12: Got foreclosed on?
Speaker 6: Yes, so they don't own it. They just wanted a
Speaker 6: quick fifteen hundred where did you find these people?
Speaker 12: It was mailed to me? Huh?
Speaker 6: You know, Elaine. Now I'm sorry you fell for this.
Speaker 6: I swear to God. This is so sad. So you
Speaker 6: paid them fifteen hundred. But here's the truth of the matter.
Speaker 6: I mean, really, Elaine, it doesn't sound like you had
Speaker 6: a hope anyway. I mean you were months and months
Speaker 6: and months behind. How much let me ask you some mean,
Speaker 6: how much was the loan on your house.
Speaker 12: That was balanced with one hundred and eighty two thousand.
Speaker 6: And what was the house worth?
Speaker 12: Twelve?
Speaker 6: Oh? My god? So during the foreclothes it has it
Speaker 6: been sold yet?
Speaker 12: Yes?
Speaker 6: To who?
Speaker 12: A company out of Cleveland? I'd rather not say.
Speaker 6: But on the air Brian brad brad Let's address, does
Speaker 6: she have any hope here? I mean, be honest here,
Speaker 6: let's let's talk about it.
Speaker 7: Well, if there's an overbid at the sale, so public
Speaker 7: auction bidder bids more than the than the than the
Speaker 7: amount of the debt of the foreclosing lender, that extra
Speaker 7: amount is left over at the end will get returned.
Speaker 8: To the borrower. So do you know how much successful
Speaker 8: bid at that?
Speaker 6: Do you have any money coming to you? Elaine?
Speaker 12: By eighty seven thousand.
Speaker 6: Okay, you're going to have to settle for that, otherwise
Speaker 6: you're going to spend years in court and you're going
Speaker 6: to lose. That's my unprofessional, unlegal opinion. You're going to lose, Elaine.
Speaker 6: The bank had every right to foreclose on you. You were scammed.
Speaker 6: They're two separate things.
Speaker 12: I'm aware of that.
Speaker 6: Yeah, it's it's sad.
Speaker 12: I'm just hoping.
Speaker 10: It is.
Speaker 6: And you want to get Are you trying to get
Speaker 6: your fifteen hundred back? Is that why you called?
Speaker 12: Well, I've turned them over to the Colorado AG, the
Speaker 12: California AG, the I'ment of Justice, Apartment of Justice.
Speaker 6: Have you ever did they have a phone number? What
Speaker 6: do they say when you call them?
Speaker 12: When I call the company, that stamms me.
Speaker 20: Yeah, they've I've been ghosted.
Speaker 6: I'm so sorry, Elaine. We can't help you, and thank
Speaker 6: god you are at least going to get eighty seven
Speaker 6: thousand dollars. I mean, really, I hope we have a
Speaker 6: quick question from Naomi. Naomi, what is your question? We'll
Speaker 6: get working on it and answer it after the break.
Speaker 6: What's going on, Naomi?
Speaker 22: My father passed away in twenty eighteen and I've been
Speaker 22: having a hard time going through probate for his house.
Speaker 22: Why because I don't know my siblings contact information And
Speaker 22: I just got an email from the Mesa County attorney
Speaker 22: asking me about the property and that it needs to
Speaker 22: be cleaned up.
Speaker 6: Okay, hold on and we'll come right back to you.
Speaker 6: I'm Tom Martino. Go with a sure thing Denver's Best
Speaker 6: roofer Excel Roofing dot com.
Speaker 18: You don't pay a cent until you're content.
Speaker 6: Time for an insurance checkup free, no obligation comparison call
Speaker 6: Compass Insurance paying too much your coverage at dozens of
Speaker 6: insurance companies find out now three all three seven to
Speaker 6: seven to one help. You'll think you're his only customer
Speaker 6: when you choose Frank durand the real estate Man dot
Speaker 6: com to list your home with Remax Alliance three oh
Speaker 6: three nine to zero sixteen twenty two. Hi Tom Martino
Speaker 6: here three oh three seven one three talks seven one
Speaker 6: three eight two five five. So what I want to
Speaker 6: know is this, When your dad passed away in nineteen,
Speaker 6: that's a long time ago. Where is the who owns
Speaker 6: the house right now?
Speaker 22: As far as I know, it's still in the courts
Speaker 22: I filed.
Speaker 6: No, it's no, it's not no, it's not in the courts.
Speaker 6: It's in who's ever name? Was it in your dad's name?
Speaker 22: It was in my dad's name?
Speaker 6: Yes, Okay? Now who filed probate you?
Speaker 22: I did, yes, because as far as I know, I
Speaker 22: am his only heir.
Speaker 6: Okay. And then when you said you don't know about
Speaker 6: your siblings, what does that matter? Then why didn't you
Speaker 6: just get the probate court to grant title to you?
Speaker 22: Because they keep coming back and saying that I have
Speaker 22: siblings that my father had listed or something like that.
Speaker 6: Where did he list him? Did he have a will?
Speaker 22: I don't know my parents' divorce when I was well.
Speaker 22: Then who comes back to you coming to siblings? I
Speaker 22: don't know if these are Naomi?
Speaker 6: Who is coming back? Naomi, who is coming back to
Speaker 6: you saying that there are siblings listed who see.
Speaker 22: Mesa County courts? Well, they grant junction.
Speaker 6: But but did anyone put a claim into the courts
Speaker 6: because they.
Speaker 11: Have no right to do that did?
Speaker 22: And they came back and so that there were other
Speaker 22: people listed under being children of my father's and that
Speaker 22: I but they.
Speaker 6: Don't be saying that if you opened up probate. Is
Speaker 6: there do you have a will or not? Did you
Speaker 6: say you had a will?
Speaker 22: I do not know. My father has not been in
Speaker 22: my life at all since I was a child, like
Speaker 22: two years old.
Speaker 6: Okay, well then how do you know the house was
Speaker 6: left to you?
Speaker 22: I don't as far as I know, Like I said,
Speaker 22: as far as I know, I'm his only heir. But
Speaker 22: there were.
Speaker 6: I get it. I get it now.
Speaker 5: So I said, I.
Speaker 22: Don't know if these are adopted children children vib Well, it.
Speaker 6: Really doesn't matter because you don't even know if you
Speaker 6: own the house. I mean, really, we have to ask
Speaker 6: Brad what's up with that, or maybe we call one
Speaker 6: of our state attorneys. But it sounds like he he
Speaker 6: died without a will, and no one really knows who
Speaker 6: owns the house. And and you don't have to take
Speaker 6: responsibility for anything. You can walk away from it. I
Speaker 6: don't know why you open probate. We got more coming up.
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Speaker 6: Excel roofing dot com. You don't pay a cent until
Speaker 6: you're contenth time for an insurance check up free, no obligation.
Speaker 6: In comparison, call Compass insurance paying too much your coverage
Speaker 6: at dozens of insurance companies. Find out now three O
Speaker 6: three seven seven to one help. You'll think you're his
Speaker 6: only customer when you choose Frank durand the real estate
Speaker 6: man dot com to list your home with Remax Alliance
Speaker 6: three oh three nine two zero sixteen twenty two ripped
Speaker 6: off bad news. Need advice so you don't have.
Speaker 5: Come running.
Speaker 3: Just as fast as we can, Shooter's gonna help coming man.
Speaker 5: This is the Troubleshooter Show now Tom Martinez.
Speaker 6: Hey, welcome to the show. Three on three age seven
Speaker 6: one three talk seven one three eight two five five.
Speaker 6: I'm here to help you solve problems, answer questions, take complaints,
Speaker 6: make your life a little easier. Just give us a
Speaker 6: call if you need help on anything. And we have
Speaker 6: been having some weird real estate calls today, but good
Speaker 6: because we have ols law with us, Brad O'Brien and
Speaker 6: O'Brien Legal Services and uh. This hour brought to you
Speaker 6: by Wave eight Wealth Management, And as you know, that
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Speaker 6: This is one hundred percent of my money in this
Speaker 6: company along with yours, and you should accept nothing else.
Speaker 6: And we have been discovering people paying fees out the
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Speaker 6: they're doing assets under management, and they're doing all kinds
Speaker 6: of other hidden fees. Now people need help. Okay, there's
Speaker 6: very few people that can do this themselves, and most
Speaker 6: of the time you're not getting the help you need,
Speaker 6: so please avail yourself of free help right now and
Speaker 6: get a free checkup three oh three seven seven to
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Speaker 6: urge you to do it, because until I took my
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Speaker 6: O'Brien is with us. He's a professional in real estate.
Speaker 6: Naomi was talking about a weird situation. We're gonna try.
Speaker 6: We decided we need really an estate planning attorney to
Speaker 6: also weigh in on this, so we're gonna wait until
Speaker 6: we can get Dan McKenzie on to talk about this. Because, Naomi,
Speaker 6: you're in an impossible situation. You opened up probate without
Speaker 6: really the authority, meaning you don't know anything about the
Speaker 6: other siblings or about the estate, and your hands are tied.
Speaker 6: So hold on a second and see what happens in
Speaker 6: a case like this. And by the way, Brad, and
Speaker 6: maybe I asked this too, Maybe I asked this to
Speaker 6: our estate planning staring you let me know, is it
Speaker 6: really is the county really in a position to say
Speaker 6: I didn't think they're in a position to say, oh,
Speaker 6: by the way, there are other errors out there. That's really,
Speaker 6: in my opinion, none of their business.
Speaker 7: No, I think the court would be saying that it
Speaker 7: sounds like she got to notice from the county about
Speaker 7: the property.
Speaker 6: No, that's right. So you're saying the court would say that, Well,
Speaker 6: who would say that the judge?
Speaker 7: Yeah, the private court judge is not going to enter
Speaker 7: order a final distribution of the trust asset the estate
Speaker 7: assets until the court is confident that all the focus
Speaker 7: eries are named.
Speaker 6: All right, So kitchina are you getting Dan, I'm working
Speaker 6: on it. I'm working on it. Tom, Thank you. Then
Speaker 6: I want to go to uh Todd who has a
Speaker 6: question for Brad. Go ahead, Todd, Hi, Hi Todd. What's
Speaker 6: going on?
Speaker 12: Oh?
Speaker 4: I'm sorry, a little bit of a break they're bringing
Speaker 4: me on. I live in Mumbling and I'm blocking a
Speaker 4: half up from my house. There is a home that
Speaker 4: has been condemned by the city. It was condemned in
Speaker 4: August of twenty thirteen, and there was a death in
Speaker 4: the home and my understanding is that there was some
Speaker 4: drug use going on in the house as well. Okay,
Speaker 4: I'm tired of looking at this point. The city has
Speaker 4: had to come out and remove weeds, so I know
Speaker 4: that they've kind of assessments on the property. Now I'm trying
Speaker 4: to see because the owner is am I, he is gone.
Speaker 4: My understanding, and I have not been able to verify this,
Speaker 4: is that he's also on the sex offenders registry and
Speaker 4: this house is three homes away from an early childhood
Speaker 4: education center. Okay, so my understanding is he can't even
Speaker 4: live there. Is there a mechanism legally that I could
Speaker 4: pursue to have the property declared as abandoned and get
Speaker 4: title to the property so that I can get it
Speaker 4: renovated and sold with the condition that the buyers live there.
Speaker 4: Not for renal properties.
Speaker 6: Of course you can't. You can't just dictate what you
Speaker 6: want about who lives there and what happens. I mean,
Speaker 6: and of course you can't. I mean, the quick answer is, no,
Speaker 6: you can't. You can't just have it declared abandon because
Speaker 6: you want it to be, Or you can't just sell
Speaker 6: it and put conditions on it that only the people
Speaker 6: that buy it can live there. I mean, no, that's
Speaker 6: really the short answer, Todd.
Speaker 5: What you can do?
Speaker 20: I don't know what I bought my house.
Speaker 4: I know what I bought my house. There's a condition
Speaker 4: of the mortgage that would be owner occupied.
Speaker 6: Well, that's a condition of the mortgage that has nothing
Speaker 6: to do with you or neighbors, the lenders. And by
Speaker 6: the way, it didn't have to be owner occupied. If
Speaker 6: you wanted to get an owner occupied mortgage, it had
Speaker 6: to be owner occupied. If you wanted to get a
Speaker 6: regular mortgage, you could be a landlord. There's no one
Speaker 6: in the world, unless it's against the law, to tell
Speaker 6: you can't rent out the place. Okay. So I don't
Speaker 6: mean to attack you or anything, but I just think
Speaker 6: you're operating on a completely inaccurate premise. There is no
Speaker 6: special power I put conditions on a house.
Speaker 4: I'm to bet with you.
Speaker 6: No, no, no, listen, I'm not being Let me explain
Speaker 6: this to you. Okay. The answer is no, you can't. Okay,
Speaker 6: you asked the question. I answered, No, you can't. What
Speaker 6: you can do. What you can do as an alternative
Speaker 6: is is you can if the house you can't get
Speaker 6: a house declared abandon Here's who declares a house abandoned,
Speaker 6: the lender or the city it is. Do you know
Speaker 6: if there's a loan on the house.
Speaker 4: I think it's a private party loan.
Speaker 6: Okay, So no one's trying to foreclose. No one's trying
Speaker 6: to foreclose on this house.
Speaker 4: A couple of weeks ago, the city clerk had not
Speaker 4: had any noticeable closure of it.
Speaker 6: Okay, So therefore it's just gonna sit there. Now the
Speaker 6: city can force it to be cleaned up and build
Speaker 6: the landlord or kiss me the owner, and if the
Speaker 6: owner doesn't pay, can take over ownership and foreclose and
Speaker 6: sell it. Brad weigh in on this. What do you
Speaker 6: think your neighbor down the street you see this. I
Speaker 6: don't blame Todd for being upset, but you can't just,
Speaker 6: you know, declare it abandon can you know Todd.
Speaker 7: Is a stranger to the property, He has no property
Speaker 7: interest in it. Now, anyone with a lean in the
Speaker 7: property could eventually foreclose. Now that's the lender, it's the
Speaker 7: city who does work on the property to remove weeds.
Speaker 7: They might have a one hundred dollars lean against the rank,
Speaker 7: or the real estate taxes may maybe aren't getting paid.
Speaker 7: So if any of those is foreclosed, then there would
Speaker 7: be a foreclosure auction and Todd can go to ammit it.
Speaker 7: That auction and try to win the property. Sure, a foreclosure.
Speaker 6: Buyer, that's the possibility, Todd, But someone someone with a
Speaker 6: financial interest is the only one that can end up
Speaker 6: doing that. Does that mean.
Speaker 4: That's what I'm saying. Is there a legal way that
Speaker 4: I can approach the lender? Say, hey, you know you've
Speaker 4: got a.
Speaker 6: Yeah you can, John, Yeah, you can approach the lender
Speaker 6: for sure. If you know who the lender is, you
Speaker 6: can buy the loan and then foreclose on it if
Speaker 6: it's not being paid. You absolutely can do.
Speaker 4: Right now, the house is sitting there with broken windows,
Speaker 4: open doors.
Speaker 6: Why is it the city? Why isn't the city boarding
Speaker 6: it up and charging the owner?
Speaker 4: Last I talked to the city, Uh, they told me
Speaker 4: that they were going to go in and do a
Speaker 4: weed mitigation and then they would put assessment. Put an
Speaker 4: assessment on the property.
Speaker 6: I can't get So you're.
Speaker 4: Saying the police department is saying that there's an open
Speaker 4: investigation on it. I was able to ascertain that there
Speaker 4: was some of that activity in the house.
Speaker 6: Okay, So what you're what you're asking is all logical.
Speaker 6: You want it out of your neighborhood. So again, the
Speaker 6: only way to do that would be to fore clothes
Speaker 6: on it. And in order to foreclose on it, you
Speaker 6: have to have a lean. The lender can do it.
Speaker 6: You can buy the loan from the lender, or you
Speaker 6: can call the lender and yeah, you can just talk
Speaker 6: to him as a person. You said, it's a private party,
Speaker 6: or even if it was a bank. In fact, if
Speaker 6: it was a bank, it would be better. You could say,
Speaker 6: do you realize the liability? Do you realize the liability
Speaker 6: you have having this home the way it is? Yeah,
Speaker 6: it would be ter, you know, I I you could
Speaker 6: do that. Do you did you do an? You can
Speaker 6: do an O N E on the property? Do you
Speaker 6: know what that is? Yeah?
Speaker 4: Orders and the compasses?
Speaker 20: Yeah.
Speaker 6: Yeah, so if you did that, have you done it yet?
Speaker 4: Did an on the property?
Speaker 1: And?
Speaker 4: Uh? Did the fat honor about May this year?
Speaker 6: Okay? Who is the lender?
Speaker 4: Did not say in who the lender was?
Speaker 6: Yeah, it usually does.
Speaker 16: It should say who the owner of the property is, Todd,
Speaker 16: that's where you wanted to own.
Speaker 6: But it also shows record. Wait a minute, it shows
Speaker 6: recorded leans. So were there any leans on it? For
Speaker 6: first deed of trust?
Speaker 4: I called the county and they said that there is
Speaker 4: that they would not tell me who it was.
Speaker 6: Well, you can. It's public record. It's a recorded deed
Speaker 6: of trust. It's all public. Nobody has to tell you anything.
Speaker 16: Yeah, you talked to the owner.
Speaker 4: I talked to the owner over a year ago, and
Speaker 4: he said he wanted He said he wanted someone in
Speaker 4: the neighborhood of four hundred thousand dollars for the house. Okay,
Speaker 4: so house is not worth barely more than the property.
Speaker 12: That it sits on.
Speaker 6: Right now, Okay, here's what.
Speaker 4: A broken windows.
Speaker 6: Obviously obviously the owner's making payments. Well apparently, Yeah, so
Speaker 6: as as long as the owner makes nobody well somebody
Speaker 6: making payments, or the lender would foreclose. If the lender's
Speaker 6: not for closing, the lender doesn't care. Those are the
Speaker 6: only people with legal rights to do anything, the owner,
Speaker 6: the lender, the owner, the lender, and the city. If
Speaker 6: those three don't do anything, it's really unfortunate. Now, you
Speaker 6: and some neighbors can get together and demand that the
Speaker 6: city protected and make it right, and then they can
Speaker 6: put a lean on it for clothes on it and
Speaker 6: do what you want. But here's the deal. Even if
Speaker 6: they do foreclothes on it, you don't control who buys
Speaker 6: it or what they do with it. If somebody wants
Speaker 6: to rent it out, they can. Now what you can
Speaker 6: do is you can can contact not the owner, but
Speaker 6: the lender, which is on the o ande. I can't
Speaker 6: help that you didn't see it, but it is. Every
Speaker 6: lender is named on an one. The first deed of
Speaker 6: trust is public record. You can go right down and
Speaker 6: get it right now and find out who owns it.
Speaker 6: I mean, who has the first deed of trust, which
Speaker 6: is a loan. When you find the lender, you can
Speaker 6: call that lender and say, do you realize your property
Speaker 6: is going to hell? And you people owe you money
Speaker 6: on this You're owed, you know, two hundred thousand dollars
Speaker 6: on this house. Do you want to Hey, can I
Speaker 6: buy the loan and I'll take it over? And then
Speaker 6: if you're not being out now okay.
Speaker 4: So one of the problems that I'm having, I'm sorry.
Speaker 6: I didn't mean to in a row ahead, go ahead.
Speaker 4: One of the problems I'm having right now and making
Speaker 4: that decision is I can't get any information from the
Speaker 4: police department. I talked to my city representative.
Speaker 6: What are you talking about? What are you talking about?
Speaker 6: Information from the police department.
Speaker 4: There's an ongoing police investigation.
Speaker 6: What does that have to do with anything?
Speaker 4: They won't tell me. They won't tell me, Todd. Listen,
Speaker 4: they won't give me any detail about it because it's
Speaker 4: an ongoing police investigation.
Speaker 6: Todd, you don't need police investigation to contact the lender
Speaker 6: and to buy the loan and to foreclose.
Speaker 4: Well, what I'm concerned about is if there's an ongoing
Speaker 4: police investigation, I can go to the lender. I can.
Speaker 4: If I can find the lender, I'll give you that.
Speaker 6: Tell me why you care about Tell me why you
Speaker 6: care about the police investigation. If I can go to
Speaker 6: a lender, buy the house and foreclosing, what.
Speaker 4: Can the city step in and say you can't do
Speaker 4: anything with this property because there is an ongoing police investigation.
Speaker 4: Maybe we need to get it out. And I don't
Speaker 4: know how there could possibly be an ongoing police investigator
Speaker 4: if there was.
Speaker 6: A murder, if there was a murder something where it's
Speaker 6: evidentiary and they coordined it off or they take it over,
Speaker 6: but I mean you would know that. All I would
Speaker 6: say is this, okay, Todd, I think you're complicating things.
Speaker 6: Buy the loan from the lender. If the lender doesn't
Speaker 6: want to sell the loan, you're out. You're out of luck.
Speaker 6: If you can't get the city, you can't get the
Speaker 6: lender that the only three avenues to that house, the lender,
Speaker 6: the city that's it, or the owner that's it. If
Speaker 6: none of those will bud nothing, you can do.
Speaker 4: The reason I called it, I didn't know if there
Speaker 4: might be I think.
Speaker 6: I think you're on the right track. Listen, call again.
Speaker 6: I'm not going to say it again. We are more
Speaker 6: coming up on the Troubleshoulter Show. Go with a sure
Speaker 6: thing Denver's Best roofer Excel Roofing dot com. You don't
Speaker 6: pay a cent until you're content. Time for an insurance
Speaker 6: check up free, no obligation. In comparison, call Compass Insurance
Speaker 6: paying too much your coverage at dozens of insurance companies
Speaker 6: find out now three oh three seven seven to one Help.
Speaker 6: You'll think you're his only customer when you choose Frank
Speaker 6: durand the Real Estate Man dot com to list your
Speaker 6: home with Remax Alliance three oh three nine to zero
Speaker 6: sixteen twenty two. Hi Tom Martino here, Welcome to the show.
Speaker 6: Three all three seven one three talk seven, one, three, eight, two,
Speaker 6: five five. I want to bring up Dan McKenzie mackenzie Law.
Speaker 6: Now Dan does estate planning, and you know that a
Speaker 6: lot of times they wear cand in hand with real estate. Dan.
Speaker 6: I would just want to run this by you. Naomi's
Speaker 6: never had anything to do with her dad her whole life,
Speaker 6: but when he died, she opened up a probate. And Naomi,
Speaker 6: did your dad live in the same state as you?
Speaker 22: Yes, he lived in a Grand Junction, Colorado. And I'm
Speaker 22: here in the Denver metro area.
Speaker 6: So you heard he died and you opened up probate
Speaker 6: and you thought you were the only one. You didn't know.
Speaker 6: You didn't know there were any siblings. Is that correct?
Speaker 22: Correct? I was notified that he passed away in twenty
Speaker 22: nineteen by the Social Security Administration.
Speaker 6: And were you appointed to personal representative? I'm sorry, were
Speaker 6: you appointed the personal representatives?
Speaker 22: No? No, I just got a letter from Social Security
Speaker 22: Administration and so I went to Ansagram Junction to see
Speaker 22: about his estate and what I needed to do to
Speaker 22: close it out and everything, and I was told I
Speaker 22: needed to file approbate papers. I did that, and then
Speaker 22: the courts came back saying that there were other family,
Speaker 22: other siblings, and that I needed their names and phone
Speaker 22: numbers and addresses. And I tried to explain to them
Speaker 22: I don't know these people. I've never had anything to
Speaker 22: do with them. I don't have access to for me fami.
Speaker 6: Did they say there were any claims being did anyone
Speaker 6: else at?
Speaker 10: No, they didn't.
Speaker 22: They just said that I needed to provide the name
Speaker 22: and the information for myself.
Speaker 6: What I don't understand is this and maybe Dan McKenzie
Speaker 6: can help me or Brad O'Brien, both attorneys. How would
Speaker 6: the court even know there are other siblings and why
Speaker 6: would they care? Dan? Is that the court's responsibility to
Speaker 6: bring that up?
Speaker 18: Dan McKenzie, No, I mean I don't.
Speaker 24: I guess I don't know how they would know that either.
Speaker 24: Usually you just close that on the application for the probate,
Speaker 24: but you would be obligated to go out and put
Speaker 24: a reasonal effort into finding those people if you are
Speaker 24: the personal record.
Speaker 6: That's what I don't understand, Naomi, who exactly contacted you
Speaker 6: saying wait a minute, Naomi, you need to get your
Speaker 6: brothers and sisters on here.
Speaker 22: I have no idea. I guess the I don't know
Speaker 22: I honestly, I don't know. I know I put down
Speaker 22: that I had other family members, but I didn't know
Speaker 22: I didn't have their information.
Speaker 6: Wait so you put that down.
Speaker 22: Yes, I asked at the court when I went in
Speaker 22: and I asked them what do I do if there's
Speaker 22: other family out there? That's how I don't And they
Speaker 22: said that's how.
Speaker 12: They knew that.
Speaker 6: When then it filed it the first time.
Speaker 22: They would make a decision, and they came back that
Speaker 22: I needed to find out that information. But I don't
Speaker 22: have names asses and I've been trying this whole time
Speaker 22: to find that out.
Speaker 6: Naomi, I think the problem was that you mentioned it
Speaker 6: to begin with, because unless there was going to be
Speaker 6: a fraud allegation, if you would have just gone in
Speaker 6: there and said you knew of no other people and
Speaker 6: you just filed, the house would have been transferred to you,
Speaker 6: it would have been over unless there was fraud involved.
Speaker 6: But but here's the bottom line. You're the one that
Speaker 6: brought it up. You're the one that brought up there
Speaker 6: could be other people involved.
Speaker 22: Well, I acknowledge that, I you know, I don't know
Speaker 22: what I'm doing, and that's why I asked, Okay, I
Speaker 22: know I am my father.
Speaker 6: Put her on hold. Please just put her on hold. Okay,
Speaker 6: put her on hold because she's talking too much and
Speaker 6: I need to get an answer and not a story. Dan,
Speaker 6: What does she do?
Speaker 24: I mean, I mean, we frequently have to hire like
Speaker 24: a private investigator. There are businesses out there that this
Speaker 24: is their job. They go out and find heirs. So
Speaker 24: you know, there's air search. I think if you typed
Speaker 24: in air search dot com you would find a business
Speaker 24: that can help you go locate family members.
Speaker 6: And what if they can't find what if you don't
Speaker 6: find them?
Speaker 24: I mean, you have to tell the court what you did,
Speaker 24: and eventually you might be able to do like a
Speaker 24: publication notice and say here's what I did, here's why
Speaker 24: it's reasonable I didn't find anything, and the court might
Speaker 24: authorize you to say, okay, publish the notification in the
Speaker 24: newspaper and that'll be good enough. So but you really
Speaker 24: do have to put a reasonable effort into it first.
Speaker 24: You can't just you can't just decide I'm going to
Speaker 24: do this notification in a newspaper and that'll be good.
Speaker 24: You got to get the court's authorization that after showing
Speaker 24: what you've already done.
Speaker 6: Is reasonable. Okay. So bottom line is this, you have
Speaker 6: to go search for them now that they know they exist.
Speaker 6: I mean, that's it, right, Dan, You're right, So Naomi,
Speaker 6: we can bring Naomi back, Naomi, because you brought it
Speaker 6: up and because now they want to know about them,
Speaker 6: you have to make a good faith effort to find them.
Speaker 6: And eventually, if you can't find them, as Dan said,
Speaker 6: they may allow you to maybe publish something or to
Speaker 6: just transfer the house. But until that happens, you're gonna
Speaker 6: have to notify them.
Speaker 18: In the meantime, I can't hear anything, Okay.
Speaker 6: Is there a reason she can't hear anything me? Okay,
Speaker 6: you can hear me though, right, people, but she likes
Speaker 6: to talk, so that could be part of the reason
Speaker 6: why she can't hear anything because she's always talking over here. Listen,
Speaker 6: I'm gonna I'm gonna speak up for you, Okay, Naomi.
Speaker 6: You need to make a good faith effort to find
Speaker 6: your your siblings or heirs, fellow heirs.
Speaker 12: Okay, you hire a company.
Speaker 6: I don't know what to do. Guys, we have a
Speaker 6: bad connection. Let's just forget it, okay, Naomi, listen, Uh,
Speaker 6: we can talk to you off the Air. Bottom line
Speaker 6: is this? Okay, you gotta contact an attorney, Okay, Dan McKenzie. Meanwhile,
Speaker 6: the county is asking her to fix up or to
Speaker 6: to do something with the house. What are they asking
Speaker 6: you to do to the house, Naomi? Goodbye? We got
Speaker 6: more coming up on the Troubleshooter Show. Go with a
Speaker 6: sure Thing Denver's Best Roofer Excel Roofing dot com. You
Speaker 6: don't pay a cent until you're content. Time for an
Speaker 6: insurance check up free, no obligation. In comparison, call Compass
Speaker 6: Insurance paying too much your coverage at dozens of insurance
Speaker 6: companies find out now three all three, seven to seven
Speaker 6: to one help. You'll think you're his only customer when
Speaker 6: you choose Frank durand the real estate Man dot com
Speaker 6: to list your home with Remax Alliance three oh three
Speaker 6: nine two zero sixteen twenty two to three seven one
Speaker 6: three talk three all three seven one three eight two
Speaker 6: five five Don, Welcome to the show. What's happening?
Speaker 8: Don?
Speaker 6: What's going on?
Speaker 2: Don?
Speaker 6: What's happening?
Speaker 17: We've got a history. We know each other well enough.
Speaker 17: I don't know if you want me to explain how
Speaker 17: that connection is.
Speaker 6: Oh, I don't care.
Speaker 17: Go ahead, sir, formerly owned the company Don's Garage Doors.
Speaker 18: Oh man, I.
Speaker 6: Miss you.
Speaker 4: Well.
Speaker 6: Thank you for saying though, no, no, I'm serious. You know,
Speaker 6: I listen. There are good times when companies sell and
Speaker 6: bad times when companies sell. And I don't know what
Speaker 6: yours is. We don't get any complaints. I'm not saying
Speaker 6: it's a bad thing, but but our private I just
Speaker 6: want to ask you real quick, our private equity companies
Speaker 6: don are they buying up garage or companies?
Speaker 4: Absolutely?
Speaker 6: Okay, yes, So how are they doing that?
Speaker 17: Well, I'm not entirely sure behind the scenes financing, but
Speaker 17: I believe they have, as you know, back coast back
Speaker 17: East money, back coast East money, where they have trying
Speaker 17: to build a huge corporation and then later sell it.
Speaker 17: And that's that's my understanding is that we we stepped
Speaker 17: into the right place at the right time with a
Speaker 17: good reputation, and they wanted what we had. So a
Speaker 17: couple of years ago I sold the business. We're out
Speaker 17: and I'm here today to call you because I've all
Speaker 17: these years listened to you. Wanted to thank you, firstly
Speaker 17: for the benefit of our relationship. Though I've gotten from
Speaker 17: you so kudo's on you as always. Yeah, to say
Speaker 17: that one of your twenty five year long running companies
Speaker 17: on your list, you had said all these years I
Speaker 17: used to listen as a young puff. You know, you
Speaker 17: know when a company their quality of the individuals that
Speaker 17: own the business and the character of the company, not
Speaker 17: when things go smooth, but when things go wrong and
Speaker 17: the wheels right the wagon, and what does.
Speaker 4: The owner do to fix it?
Speaker 6: Well, this is.
Speaker 17: Jay Brett's getting to get huge out of boy for
Speaker 17: me because he's done a couple of roofs for me,
Speaker 17: and it's been four or five years now. We had
Speaker 17: a particular difficult metal roofs to put on with the
Speaker 17: ice demming. Not a lick of problem since he did
Speaker 17: and there were a few issues, and then Jay and
Speaker 17: was able to do the right thing by me as
Speaker 17: the customer and take care of it. And so I
Speaker 17: just thought many times I need to call.
Speaker 5: Tom and let him know it.
Speaker 17: That's great to Jay running a wonderful business.
Speaker 6: That's great news. It really is. Listen A quick question
Speaker 6: and what are you doing now?
Speaker 17: Well, I'm retired, trying to figure out what I should
Speaker 17: be doing now.
Speaker 6: Okay, Well, if you're counting your money. I could use
Speaker 6: some samples, but that's up to you. Hey, listen, don Uh,
Speaker 6: you're a smart man. I know you land on your feet,
Speaker 6: but I want to make it clear. Don's Garage Doors
Speaker 6: is still in business. You just you exited, but it's
Speaker 6: still in business, right.
Speaker 17: Yes, absolutely, The line's share of the texts that worked
Speaker 17: with me and the people are still working with the
Speaker 17: new owners.
Speaker 6: Okay, Well, thank you very much, Don, I appreciate it.
Speaker 6: Stay in touch and feel free to come in one
Speaker 6: day as a common man to say hi to us.
Speaker 6: And it's been nic it's been nice dealing with you
Speaker 6: over the years. You've done some garage doors for me
Speaker 6: as well, so thank you. Three oh three seven one
Speaker 6: three A two five five Go with a sure thing
Speaker 6: Denver's Best Rufer sell roofing dot com.
Speaker 18: You don't pay a cent until you're content.
Speaker 6: Time for an insurance checkup free no obligation comparison call
Speaker 6: Compass Insurance paying too much your coverage at dozens of
Speaker 6: insurance companies find out now three oh three seven seven
Speaker 6: to one help. You'll think you're his only customer when
Speaker 6: you choose Frank durand the Real Estate Man dot com
Speaker 6: to list your home with Remax Alliance three oh three
Speaker 6: nine two zero sixteen twenty two. Hi Tom Martino, your
Speaker 6: troubleshooter three oh three seven one three talk three oh
Speaker 6: three seven one three eight two five five. Welcome to
Speaker 6: the show. Let's uh go to go to Brad O'Brien.
Speaker 6: Who's with us today? I'm gonna do some texts. Finally
Speaker 6: got a break and calls my goodness, my goodness, my goodness.
Speaker 6: All right, now, let's talk about quit claim deeds. A
Speaker 6: lot of people talk about quit claim. Is that a
Speaker 6: good form of transferring ownership? What are the strengths and weaknesses?
Speaker 6: Somebody said, why do I not like quit claim deeds?
Speaker 6: And that's really not the answer. I've never said I
Speaker 6: don't like them. I said I don't think they should
Speaker 6: be used for a state planning? But can you talk
Speaker 6: about a quit claim deeds when they are apropos.
Speaker 7: A quick claim deed is really just a conveyance of
Speaker 7: some of the property interest, if you have any.
Speaker 8: It contains no warranty of title exactly. So if you're
Speaker 8: paying full value.
Speaker 7: For a house, like half million dollars for a house,
Speaker 7: you're not going to want to get a quick claim
Speaker 7: deed from the seller because there's no warranty of title.
Speaker 8: Tell the seller does not warrant to you that they
Speaker 8: even own it.
Speaker 6: No. In other words, I've often joked I could write
Speaker 6: you a quit claim deed for the joy for the
Speaker 6: Empire state building. Yep.
Speaker 8: But quick claim d's are very helpful in cleaning up title.
Speaker 7: If somebody has a prospective claim against a property, you
Speaker 7: can get that released by them giving you a quick
Speaker 7: claim deed. For example, if they have a potential okay,
Speaker 7: adverse possession claim against your property because they've been using
Speaker 7: your property for twenty years, and you pay them some
Speaker 7: money to release that, they would give you a quick
Speaker 7: claim deed in return. Next thing wish is that adverse
Speaker 7: possession claim that's not been brought to court.
Speaker 6: Yet, okay, because it does transfer whatever interest or interest
Speaker 6: you have or may have.
Speaker 8: That's right.
Speaker 6: So therefore, by doing a quit claim deed, you're relinquishing
Speaker 6: that so it can clean up a title. It's not
Speaker 6: the greatest when it comes to estate planning at all.
Speaker 6: You tend to ruin your basis and other reasons, and
Speaker 6: you should talk to an estate planning attorney about that.
Speaker 6: And it's not good for investments. People often invest in
Speaker 6: quit claim deeds or and that's the worst thing you
Speaker 6: can do because you don't even know what you're investing in.
Speaker 6: You have no idea if it's the actual property itself
Speaker 6: or something that someone claims to own.
Speaker 8: Okay, well I'll use it.
Speaker 7: What quick claim do you If there's a transfer within
Speaker 7: a family, like someone transfers the house from their individual name, yeah,
Speaker 7: to a trust, I think exactly no point in doing
Speaker 7: a warranty deed for that.
Speaker 6: That's right, that's right. Or you that's right if you're
Speaker 6: transferring into a trust, or even from sibling to sibling
Speaker 6: if you want, as long as you don't care about
Speaker 6: the inheriting a basis at the date of death, then
Speaker 6: it would be better to do a beneficiaries deed, which
Speaker 6: is basically transfers to the other person on death right
Speaker 6: and that person would inherit the basis. Anyway, we have
Speaker 6: more coming up on the Troubleshooter Show. I will be
Speaker 6: talking about this because I teased it, I talked about it,
Speaker 6: and someone texted me about it. It's called the Beneficial
Speaker 6: Ownership Information Report, and it's shortened to BOI and people
Speaker 6: wondering what the hell is it. Well, it's mandatory, by
Speaker 6: the way, and the first one ever is due January
Speaker 6: twenty twenty five. If you were formed. This is entities
Speaker 6: formed before January one, twenty twenty four. So if you
Speaker 6: formed your business this year, you don't have to do it,
Speaker 6: I believe, no, no, you do have to do it.
Speaker 6: But if it was formed on or after January twenty fourth,
Speaker 6: these entities are required to file it immediately. So you
Speaker 6: already filed it supposedly. But let me just give you
Speaker 6: the bottom line. If you have an LLC or a
Speaker 6: corporation or a partnership, you must file a beneficial Ownership
Speaker 6: Information report. Now a lot of people are thinking, oh
Speaker 6: my god, what is this. In fact, there are services
Speaker 6: out there offering to do it for five hundred dollars.
Speaker 6: It took me literally five minutes or less for me
Speaker 6: to do it for Troubleshooter Network, and of course I
Speaker 6: had to do it for other companies I own as well.
Speaker 6: But that's what you do. You do what's called a
Speaker 6: b oh I beneficial ownership information And what the government
Speaker 6: is trying to do is to keep track of those
Speaker 6: people who own LLCs and corporations, not just they don't
Speaker 6: want to know your registr agent and any shell corporations, right,
Speaker 6: that's why they're asking for the actual owner who will benefit.
Speaker 6: They want to get to the individuals. So what they
Speaker 6: ask is very simple. They want to know your tax
Speaker 6: payer identification number, the jurisdiction, the state and the country,
Speaker 6: the address, the mailing address, the business. That's it. It's
Speaker 6: so easy. That's it. Now, you upload a piece of
Speaker 6: identification like a license or a passport or something, or
Speaker 6: a government issued ID that it really can be done
Speaker 6: online and it can be done in just five minutes
Speaker 6: or less. Now. I know a lot of people they
Speaker 6: hate doing anything the government asked for. But you know,
Speaker 6: in Colorado, if you own a company, you have to
Speaker 6: do a periodic report every single year. And I think
Speaker 6: they pop you now for ten bucks on that, uh,
Speaker 6: twenty five, what is it? Twenty five now for that recurring.
Speaker 8: Just went up, oh the time first.
Speaker 6: Yeah, and you can do that online. But these are
Speaker 6: all just secret. There's no reason why would you have
Speaker 6: to do that with the state. They could make it
Speaker 6: with the state. So you simply file if you dissolve,
Speaker 6: or simply if there's a change. There's no reason to
Speaker 6: file every year like that. That's just a way to
Speaker 6: get twenty five bucks from every single entity in the
Speaker 6: entire state. We have more coming up on The Troubleshooter Show.
Speaker 6: Three zero three seven one three talk seven one three
Speaker 6: eight two five five. Stick around and Doug. We will
Speaker 6: take your comment on quick claim deeds coming up. If
Speaker 6: you want to hang on, go with a sure thing
Speaker 6: Denver's Best roofer Excel Roofing dot com.
Speaker 18: You don't pay a cent until you're content.
Speaker 6: Please time for an insurance check up free, no obligation
Speaker 6: comparison call Compass Insurance paying too much your coverage at
Speaker 6: dozens of insurance companies find out now three oh three
Speaker 6: seven seven to one help. You'll think you're his only
Speaker 6: customer when you choose Frank durand the real estate Man
Speaker 6: dot com to list your home with Remax Alliance. Three
Speaker 6: oh three nine two zero sixteen twenty two.
Speaker 1: Yeah, Rid, you need.
Speaker 6: Advice so you don't have to.
Speaker 5: Run ins as can.
Speaker 6: Shoot 's gonna help.
Speaker 12: Come man, This is.
Speaker 5: The Troubleshooter Show.
Speaker 6: No Tom Martino, Hi Tom Martino here, Welcome to the show.
Speaker 6: Three all three seven one three talk seven one three
Speaker 6: eight two five five. Brad O'Brien is with us today
Speaker 6: with Olslaw dot com Real Estate Law three seven. He's
Speaker 6: at seven two zero three seven zero seventy three eighty eight.
Speaker 6: This hour brought to you by one Clear Choice Garage Doors.
Speaker 6: If you want great garage door service, one clear Choice
Speaker 6: Doors dot Com. We'll get it to you twenty four
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Speaker 6: Doors dot Com. All right, Doug, you have a comment
Speaker 6: on quick claim deeds. We were talking about quick claim
Speaker 6: deeds and how they transfer whatever interest you have in
Speaker 6: a property, but that can be no interest, so it's
Speaker 6: not a pure form of ownership. It depends on the circumstances.
Speaker 6: And also we talked about it not being great form
Speaker 6: to transfer for estate planning. Go ahead, Doug, what's going on?
Speaker 4: Yeah?
Speaker 15: Tom, First, I want to say how thankful I am
Speaker 15: for your programs. It's been over twenty five years. I
Speaker 15: know that I've listened to you and I've learned. Thank
Speaker 15: you so much, whether it's cars, roofs, plumbing, whatever.
Speaker 6: Anyway.
Speaker 2: My comment is.
Speaker 15: I went through this. I signed with a divorce.
Speaker 2: I signed a quick claim deed to my wife at
Speaker 2: the time, and down the road she quit making payments.
Speaker 15: Well, we're both on the loan, so that they don't
Speaker 15: care they came after me, right, That's just something that
Speaker 15: one needs to think about.
Speaker 6: Right, A quick claim deed, a quit claim deed does
Speaker 6: not relieve you of any of your responsibilities.
Speaker 15: Great, Brad, Yeah, I should have made sure that the
Speaker 15: loan was put in.
Speaker 6: Her name, you know, right, And most people don't do
Speaker 6: that on divorce. They don't do that at all.
Speaker 15: No, it's such something you don't think about and then boom,
Speaker 15: next thing, I know, they're trying to come after me.
Speaker 15: So I just thought that was just a little bit
Speaker 15: because I'm sure people go through divorces and quit claim deed.
Speaker 6: Right, And that's and I appreciate you saying that so
Speaker 6: and thank you so that that's really another thing when
Speaker 6: you when you sign a quick claim deed, you're not
Speaker 6: giving away any liability. You're just giving away any interest
Speaker 6: you have, which is the worst possible scenario you could do. Right,
Speaker 6: let's talk to Margaret. Margaret, what's going on with you?
Speaker 10: Well, I my situation is similar to the last caller
Speaker 10: I my husband did a quick claim deed to put
Speaker 10: my house on quitment in my name, okay. However I
Speaker 10: wanted to change it to my maiden Okay. I sent
Speaker 10: the paperwork down to the city. The city processed it.
Speaker 10: I looked, and it's still under my married name.
Speaker 6: Okay. Let me let me ask you something. Your husband,
Speaker 6: your ex husband, de did it over to you. Yes,
Speaker 6: and at the time he d did it to your
Speaker 6: maiden name or to your regular marriage married name. Okay. Then, Brad,
Speaker 6: the process I think would be quite simple. She would
Speaker 6: then fill out a quit claim deed from herself to herself, right,
Speaker 6: that's right, and changed the name in doing.
Speaker 10: So, which I did, okay.
Speaker 6: And then you did you record the quit claim deed?
Speaker 10: Well, it was going to be.
Speaker 6: Well, that's why okay. Hold on, When did you send
Speaker 6: it to the county to be recorded, well, roughly.
Speaker 10: Roughly about October?
Speaker 6: And did you include a fee?
Speaker 10: I don't know what that is tom money.
Speaker 6: Did you pay it?
Speaker 11: Yea, I did?
Speaker 6: How did you know how much to pay? How did
Speaker 6: you do this by mail?
Speaker 10: I looked it up on okay.
Speaker 6: And you literally mailed in the quit claim deed I did. Okay,
Speaker 6: it's probably they didn't get to it yet. It can
Speaker 6: take sixty ninety days.
Speaker 10: Well, my question is they sent it back.
Speaker 6: Oh well you didn't say that part.
Speaker 12: Well I'm sorry.
Speaker 10: Why did they send it back in witness whereof h
Speaker 10: Apparently I was supposed to say my married name and
Speaker 10: then my maiden name. Does that matter?
Speaker 6: Of course it does? See? Well, who's ever home it's
Speaker 6: in right now? Okay? Mary Smith is your married name,
Speaker 6: let's say, and Mary Jones is your maiden name. So
Speaker 6: if your husband left it to Mary Smith, mary Smith
Speaker 6: is the legal owner. Mary Smith now has to make
Speaker 6: out a quick claim deed to Mary Jones. And it
Speaker 6: does matter where the name goes, because the grand tour
Speaker 6: is Mary Smith and the grantee is Mary Jones.
Speaker 10: So I'll need to redo this whole thing.
Speaker 6: It's not a big deal. It takes three seconds, I mean, right,
Speaker 6: I know that it.
Speaker 10: Takes thirteen dollars each time you file it.
Speaker 6: Well, hold on, if they didn't file it the recorded,
Speaker 6: they shouldn't charge you.
Speaker 10: Well I hope not. Okay, No, I mean, I.
Speaker 6: Mean that check shouldn't have been cleared. If they didn't.
Speaker 6: They usually send the check back with the deed if
Speaker 6: they didn't file it. Okay, yeah, no, Margaret, you're on
Speaker 6: the right track.
Speaker 10: Okay, great, thank you so much for your time.
Speaker 6: No problem, Margaret, Okay, let's talk to Mike. Mike, what's
Speaker 6: going on?
Speaker 12: Hey, Tom?
Speaker 8: Simple question.
Speaker 14: I have Liberty Health Shares for my health insurance.
Speaker 6: And.
Speaker 14: The doctor's office that we use refuses to give us
Speaker 14: a receipt for the cash payment services.
Speaker 4: With coding onage. Are they required to provide that?
Speaker 1: As for questioned?
Speaker 6: You know, I actually don't know that if they're required technically,
Speaker 6: but why the hell wouldn't they? I mean, I don't
Speaker 6: even understand that, I know. So what you're trying to
Speaker 6: do is take that receipt and send it in to
Speaker 6: get shared.
Speaker 5: Right, right, correct?
Speaker 14: And they're refusing because they're claiming that we're double dipping,
Speaker 14: which I don't understand what that.
Speaker 6: Well, first of all, what do they what do they
Speaker 6: mean by that? And it's none of their business if
Speaker 6: you made payment, I know, if you made payment for
Speaker 6: a service and you want a receipt for the service
Speaker 6: along with the with the the code. What I don't
Speaker 6: even understand what they mean? What do they mean you're
Speaker 6: double dipping? What exactly do they mean? Did you ask
Speaker 6: them that.
Speaker 14: My wife was handling this and that's all that they said, So.
Speaker 6: I just well, hold on, hold on. Then that the
Speaker 6: doctor's office. There are a bunch of morons. First of all,
Speaker 6: they shouldn't even be concerned if you're committing insurance fraud.
Speaker 6: What I mean by that is this, as long as
Speaker 6: they're not doing it. If you took a receipt and
Speaker 6: you submitted it to three different insurance companies and got
Speaker 6: triple reimbursed, that's none of their business. I mean, you're
Speaker 6: committing fraud, but it's none of their business. All you
Speaker 6: want is a freaking receipt.
Speaker 23: Just tell them you're going to contact Dora and see
Speaker 23: and they'll probably uh capitulate.
Speaker 11: Listen.
Speaker 6: I don't understand, Mike. It just doesn't make sense. You
Speaker 6: pay cash for your service.
Speaker 13: All right, I have one more question for you.
Speaker 14: I have a friend that was involved in a head
Speaker 14: on collision. He was a over the road truck driver.
Speaker 14: It was the middle of the night, it was not
Speaker 14: his fault. He was severely traumatized by it. The person
Speaker 14: in the other lane just crossed.
Speaker 4: Lanes and just slammed right into him.
Speaker 14: He quit his job and is basically suffering from like
Speaker 14: post traumatic stress syndrome. Whatever, can you file for workman's
Speaker 14: comp for that? He was not injured, it's just mentally distressing.
Speaker 6: And was he on the job. Yes, I don't know
Speaker 6: if they consider that a work related injury. If he
Speaker 6: was traumatized by another driver, I don't really know the
Speaker 6: answer to that.
Speaker 14: But yeah, he was leaking on the road with this
Speaker 14: dead person for almost an hour.
Speaker 6: But tom all they can really say no, right, I'll
Speaker 6: tell you what. Let's get our workers' comp guy on.
Speaker 6: Hold on, let's try to get our workers comp guy on.
Speaker 6: You deserve a good answer. Hold on. You know who
Speaker 6: we're going to use Kachina. Let's uh, we have we
Speaker 6: have some really good people workers compensation. Cliff Enton. Okay,
Speaker 6: try to get Enton law Cliff Enton on to answer
Speaker 6: that quick question if we can. All right, thank you,
Speaker 6: three oh three seven to one three talk seven one
Speaker 6: three eight two five five. Remember, a free review of
Speaker 6: your investment portfolio or your so called the advisor is
Speaker 6: something you really need to do. Now here's what I'm
Speaker 6: going to tell you. If I find in our firm,
Speaker 6: finds that you have a solid plan in place and
Speaker 6: people taking care of you, we would be crazy to
Speaker 6: advise otherwise, but most of the time, unfortunately, and then
Speaker 6: this industry you have people masquerading as advisors working with
Speaker 6: larger firms, and you in with crowds of people that
Speaker 6: have nothing in common. So if you want a free review,
Speaker 6: if you want to look on income security equities, bonds, anything,
Speaker 6: please feel free to call us at three oh three
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Speaker 6: eight Capital dot Com. Wave Eightcapital dot Com go with
Speaker 6: a sure thing Denver's best roofer Excel Roofing dot Com.
Speaker 6: You don't pay a cent until you're content. Time for
Speaker 6: an insurance check up free, no obligation. In comparison, call
Speaker 6: Compass Insurance paying too much your coverage at dozens of
Speaker 6: insurance companies find out now three oh three seven seven
Speaker 6: to one help. You'll think you're his only customer when
Speaker 6: you choose Frank durand the real estate Man dot com
Speaker 6: to list your home with Remax Alliance three all three
Speaker 6: nine two zero sixteen twenty two. Hey Tom Martine, you're
Speaker 6: troubleshooter three all three seven one three talk seven one
Speaker 6: three two five five. Let's go right to uh uh
Speaker 6: Mike has a medical was it a Mike has a
Speaker 6: medical question? Liberty Health Share? So oh wait a minute, yeah, yeah,
Speaker 6: what did we conclude on that? I mean, Mike? They
Speaker 6: then you had another question. Let's take your other What
Speaker 6: was your other question again?
Speaker 11: Is he still there about his getty workman's comp.
Speaker 6: Tom, Okay, we do have Oh no, I thought we
Speaker 6: had our attorney on hold on. We're gonna try to
Speaker 6: get him on. I'll go right back to you. Thank you, sir.
Speaker 6: Gif Can you try to find cliff Enton if you can.
Speaker 8: He's working on it.
Speaker 6: Okay, thanks, thank you, thank you. Okay, then I'll go
Speaker 6: to uh Andy Andy go ahead. You have a question
Speaker 6: on a question on quit claimdeed, and we have, of
Speaker 6: course Brad O'Brien with us. Go ahead.
Speaker 9: Oh yes, sir, try to make this quick. My wife
Speaker 9: myself got divorced in the twenty twenty. I signed it
Speaker 9: quit claim deed so she could refinance. So she was
Speaker 9: in the middle of refinance. Looked like it was going
Speaker 9: to happen. She was worried with several companies or whatnot. Nevertheless,
Speaker 9: I signed the deed.
Speaker 4: I don't know.
Speaker 9: She never did refinance, so just didn't happen.
Speaker 6: And just follow Oh well you're on the hook.
Speaker 9: Bro Oh, everything's good, amicable, but just wondering. Well, for
Speaker 9: a while, I'm not even sure if it got filed
Speaker 9: properly because she was dealing with this mortgage, so I
Speaker 9: was wondering if I could figure out.
Speaker 6: That and then number ko, how long ago was it?
Speaker 6: How long ago was.
Speaker 4: This didn't pay? Which will never happen, but I think could.
Speaker 9: I somehow own the house?
Speaker 12: Then?
Speaker 4: Now?
Speaker 6: How old was this mortgage? So no, no I know her.
Speaker 9: What if something crazy happened, like she was to pass away,
Speaker 9: what would happen then? So anyway, that's a lot, I know,
Speaker 9: but appreciate this. Get help me on that.
Speaker 6: Andy, When were you divorced? Is there a problem?
Speaker 21: Sorry?
Speaker 6: Is there a problem with people?
Speaker 5: Andy?
Speaker 6: When were you divorced?
Speaker 9: I'm with you now, I lost you for one second.
Speaker 9: I know you're on live radio.
Speaker 4: I apologize.
Speaker 6: When were you divorced?
Speaker 9: So into twenty twenty?
Speaker 6: Okay? And you did a quit claim deed only, but
Speaker 6: she never refinanced the house. So here's the here's the
Speaker 6: mean streets. If she stops paying. You're screwed and and
Speaker 6: you don't have Brad, does he have a legal right
Speaker 6: to step in and redeem and get the house from
Speaker 6: her if she stopped paying? Go ahead?
Speaker 7: No, But it was there a divorce decree that provided
Speaker 7: that she had to do something with the house, like refinance.
Speaker 8: It wouldn't have gotten her name.
Speaker 9: No, there was no decree. We were all very amical
Speaker 9: about it. We kind of did it on ourselves. It's
Speaker 9: in some account he.
Speaker 6: Was easy, all right, So what's the bottom.
Speaker 12: Line at all?
Speaker 4: That no lawyers or anything.
Speaker 8: So, no, she's not required refinance.
Speaker 6: Okay, she's not, But what if you could.
Speaker 8: Have put that in the deport I.
Speaker 6: Understand she's not required to. What I'm asking is, what
Speaker 6: if she stops paying, he's on the hook too.
Speaker 8: Well, and he is no longer a property owner.
Speaker 6: He just is on the debt, but he still has
Speaker 6: to pay.
Speaker 8: That's right.
Speaker 6: Yeah, but you have no right to the house. The
Speaker 6: worst of all possible scenarios. Okay, if she passes away.
Speaker 6: If she passes away, you have no right to the house.
Speaker 6: But I still owe the that's right, that's right, you do.
Speaker 9: That's very interesting.
Speaker 6: That's because it was all amicable and you can you
Speaker 6: can substitute that Amica Bull doesn't equal smart.
Speaker 9: Yeah, I understand that I don't feel too smart right now,
Speaker 9: but that's fine. I feel like everything's just gonna work out.
Speaker 6: Well, well, I don't hope everything just works out. Get
Speaker 6: a beneficiaries deed at least that will put the house
Speaker 6: back to you if she dies, Andy, you need.
Speaker 16: To check to see if she properly recorded the quick claim.
Speaker 8: She may not have recorded it.
Speaker 9: So that was my other question. And how easily has
Speaker 9: that done by me? Just to go to the county
Speaker 9: and how should I.
Speaker 1: Go with that?
Speaker 6: If it's so easy to check, you can check online
Speaker 6: or you can check with a title company, do an
Speaker 6: o any on the property. It shows a list of
Speaker 6: ownerships and encumbrances.
Speaker 9: Okay, yep, very good, that makes sense. Yeah, that was
Speaker 9: one of my first things that I mentioned that I'm
Speaker 9: not even sure one hundred percent I think I filed
Speaker 9: properly because it was through some mortgage company and this
Speaker 9: and that. So they ever actually file it or did
Speaker 9: they wait until you know, actually got no?
Speaker 6: I understand, Andy. You can always call us back if
Speaker 6: you need help, and of course you can call Brad
Speaker 6: O'Brien directly seven to zero three seven zero seventy three
Speaker 6: eighty eight. Look for olslaw dot com. Hey Bill, you
Speaker 6: have a question about an inheritance. What's going on? Bill?
Speaker 9: Yes, he is there a number that I could.
Speaker 10: Gift money to my.
Speaker 12: Kids the hold for me so that like in case
Speaker 12: I die, they don't have to pay income tax on it.
Speaker 6: Okay. First of all, let me explain a few things
Speaker 6: to you. Okay, Bro, forget your kids, you can gift
Speaker 6: it to me, okay, and I'll pay all the tax.
Speaker 6: Don't worry about it. Well in return, Bill, Bill, hold on,
Speaker 6: let me tell you the truth. There is no income
Speaker 6: tax on inheritances. Okay, so you don't have to worry
Speaker 6: about it, so you can do it in a number
Speaker 6: of ways. You can gift them whatever amount you want,
Speaker 6: and there's no inheritance tax. And there, excuse me, there
Speaker 6: is an inheritance tax over sixteen something million. Okay. I
Speaker 6: don't think you have to worry about that right now,
Speaker 6: but you can up to sixteen million. You can gift
Speaker 6: anyone at any time, not just your kids, and it
Speaker 6: doesn't have to be fourteen thousand or sixteen thousand. That's
Speaker 6: a misnomer you can, or a misunderstanding you can. You
Speaker 6: can gift whatever amount you want up to your lifetime limit,
Speaker 6: and they will never have to pay tax on it. Okay.
Speaker 6: It's that simple. So if you want to leave your
Speaker 6: kids money, you can. They'll never have to pay any
Speaker 6: tax on it. If you want to leave them, if
Speaker 6: you want to give it to them now, you can
Speaker 6: give it to them now and they don't have to
Speaker 6: pay tax on it. The misunderstanding comes when people believe
Speaker 6: they have to limit their gifts to sixteen thousand dollars.
Speaker 6: They don't, Okay. The only thing that happens if you
Speaker 6: give a gift above sixteen thousand dollars to someone is
Speaker 6: that the amount above that goes against your lifetime exemption.
Speaker 6: That's all it means.
Speaker 4: Okay, So okay, thanks.
Speaker 6: There's also one other thing. I'll let you go, Bill,
Speaker 6: but I'm going to say this for everyone listening. And
Speaker 6: the one other thing is this, if taxes have not
Speaker 6: been paid on an inheritance and are due, then your
Speaker 6: heirs have to pay the tax. In other words, if
Speaker 6: you have a qualified plan and you leave it to
Speaker 6: someone and taxes they were all tax deferred, they don't
Speaker 6: have to pay tax on the principle, but they do
Speaker 6: have to pay income tax as they pull it out
Speaker 6: because taxes were never paid. Okay, So it's kind of weird,
Speaker 6: but that's the way it is. Or if you had
Speaker 6: any kind of untaxed or tax deferred item where tax
Speaker 6: should have been paid, then your heirs may have to
Speaker 6: pay those taxes. That's the only time that happens. Okay. So,
Speaker 6: but it's not it's not an income tax speak and
Speaker 6: it's not an inheritance tax. We have more coming up
Speaker 6: on the Troubleshooter Show. Go with a sure Thing Denver's
Speaker 6: Best Roofer Excel Roofing dot com.
Speaker 18: You don't pay a cent until you're content.
Speaker 6: Time for an insurance checkup free no obligation comparison call
Speaker 6: Compass Insurance paying too much your coverage at dozens of
Speaker 6: insurance companies find out now three all three seven seven
Speaker 6: to one help. You'll think you're his only customer when
Speaker 6: you choose Frank durand the real estate Man dot com
Speaker 6: to list your home with Remax Alliance three all three
Speaker 6: nine two zero sixteen twenty two. Hi Tom Martine here
Speaker 6: three O three seven on three talks seven one three
Speaker 6: eight two five five. Do we have Clifton cliff Enton
Speaker 6: up right now? All right, Cliff, welcome, ent in law.
Speaker 6: We love Cliff. Hey man, I haven't talked to you
Speaker 6: in a while, and I want to talk to you
Speaker 6: about a worker's And it's a quite simple case. A
Speaker 6: guy says that he was in or his friend but
Speaker 6: was in an accident and wasn't injured. He was on
Speaker 6: the job and he was injured in a car accident
Speaker 6: while on the job and he did not get physically injured,
Speaker 6: but the car swerved hit him head on or something,
Speaker 6: and he really now has a post traumatic stress he's saying,
Speaker 6: and it's really affecting him on the road and he
Speaker 6: can't do the driving and blah blah blah. Is there
Speaker 6: any kind of workers comp for that kind of injury?
Speaker 21: Yeah, if he can prove the PTSD and it's related
Speaker 21: to this, it would be a stress claim and you know,
Speaker 21: he would be able to get benefits, to be able
Speaker 21: to get medical care, might be able to get and
Speaker 21: impairment rating. If you got a mental impairment rating up
Speaker 21: to thirty six weeks of temporary total disability.
Speaker 6: Okay, if you are in a car accident and you're
Speaker 6: on the job, is it always covered, I mean car
Speaker 6: accident in general, if you're on the job.
Speaker 21: Yeah, if you're driving in the course and scope of
Speaker 21: your employment, it's a compensible injury.
Speaker 6: Whether it's your vehicle or their vehicle, does it matter.
Speaker 21: Absolutely, doesn't make any difference at all. And you might
Speaker 21: have a third party claim against a person that hit
Speaker 21: you if it's a two. If it's a multi car
Speaker 21: accident where somebody who were ends you, for instance, or
Speaker 21: a t bone or their fault, then you would not
Speaker 21: only have a word comp case, but you'd have the
Speaker 21: ability to make an auto accident claim as well. And
Speaker 21: we do both of course.
Speaker 6: Right of course. Okay, and what number do you prefer
Speaker 6: people call you about this stuff? Cliff?
Speaker 21: Uh three to zho three three three three two two
Speaker 21: two two.
Speaker 6: Yeah. I was wondering about that number. It's such a
Speaker 6: great number, and I know that she wrote it down here,
Speaker 6: and I wanted to tell people that Cliff's been with
Speaker 6: us a long time on the referral list. It's three
Speaker 6: oh three three three three two two two two. Cliff,
Speaker 6: thanks a lot for that quick opinion. We really appreciate it. Okay,
Speaker 6: And now Mike did we cover that or do you
Speaker 6: have any other issues with it? Did I ask you
Speaker 6: the right question?
Speaker 1: That was?
Speaker 13: That was a great That was a good answer.
Speaker 14: I was just curious on his ask.
Speaker 18: I have one more.
Speaker 9: Question not related to that.
Speaker 6: It's okay, pretty simple.
Speaker 13: Does a person have the ability to get blood work
Speaker 13: without their.
Speaker 14: Name attached to a beating?
Speaker 9: I want I don't want.
Speaker 14: A doctor to know my my results.
Speaker 13: I don't want the government to know my results.
Speaker 6: Can a person Yes, Yes, you can go get blood
Speaker 6: work done anytime you want.
Speaker 12: Would you?
Speaker 13: I see you put your name on the label when
Speaker 13: they say well no.
Speaker 6: No, no, you're You're name is gonna go on it
Speaker 6: whether you like it or not. Now you can use
Speaker 6: Mickey Mouse if you want. I guess, I don't know.
Speaker 6: I mean, but here's the deal. If you're not looking
Speaker 6: for insurance reimbursement, and if you're not looking for a
Speaker 6: doctor's opinion, and you you can go there used to
Speaker 6: be a lab called any Lab Test now or something.
Speaker 6: I mean, there are labs that that you can just
Speaker 6: buy blood work and have the results sent to yourself.
Speaker 14: Okay, I'm just curious because, like I said, you know
Speaker 14: this day and age, you know is.
Speaker 24: There a way to like because like what if what
Speaker 24: if it.
Speaker 9: Came back with let's just say AIDS, right and the test.
Speaker 13: Was sold, right, you know, does the government have the
Speaker 13: right to be notified that that person was uh an AIDS.
Speaker 6: Actually, I don't know of any mandatory reporting at all
Speaker 6: about anything. In fact, back when you when they were
Speaker 6: take doing COVID tests, there was there was no uh
Speaker 6: I don't think they had to report anything.
Speaker 25: I had a government you know, test for for the
Speaker 25: China virus during that panic period, and I gave them
Speaker 25: a fake name and they just gave me a case
Speaker 25: number and then I logged into their website using my
Speaker 25: fake name.
Speaker 6: Yeah, but with blood work with what what are you
Speaker 6: suspecting anyway? And can you leave your phone number please?
Speaker 6: In your fingerprints?
Speaker 13: No, Mike, what do you we have if we're still
Speaker 13: entitled to privacy?
Speaker 6: I was just curious if, of course we are, if.
Speaker 13: Our medical information is going to the federal government without
Speaker 13: it's never gone.
Speaker 6: To something, Hey, doc, do you know? I mean, I
Speaker 6: don't think medical information is highly.
Speaker 11: I've never had to report anything to the government.
Speaker 6: Yeah, I don't even know when, Like there might be
Speaker 6: extreme circumstances in the past. I don't know, bubonic plague
Speaker 6: or something. I've just never heard of it. Now, what's that.
Speaker 23: Technically on a du Why you're giving your blood alcohol
Speaker 23: results to uh A brand of the government.
Speaker 25: Mike, just give them a fake name and pay with
Speaker 25: cash and be done with it.
Speaker 6: I don't know.
Speaker 13: Curiously, we were still still in an age of privacy.
Speaker 6: That's all.
Speaker 13: I just really wanted to know if if you knew,
Speaker 13: if that, you know, do we still have medical privacy
Speaker 13: or is are any and all of that?
Speaker 6: I just I just looked up the CDC's requirements. There
Speaker 6: are some conditions that that by law must be must
Speaker 6: be reported to the Centers for Disease Control. They're called
Speaker 6: they're called notifiable. It's n n D Okay, it's called
Speaker 6: National Notifiable Disease and Surveillance System, and it's a legal obligation.
Speaker 6: Do you want to hear what they are? Sure, anthrax,
Speaker 6: measles TB HAVE, but Titus A B and C line disease,
Speaker 6: syphilis watch out DOC and COVID nineteen those must be reported.
Speaker 6: See interesting Yep. Now, I don't know. I think I
Speaker 6: don't know what they report. I don't know if they
Speaker 6: report what's.
Speaker 11: That apology is in remission.
Speaker 6: Oh okay, do they I wonder do they require though
Speaker 6: the names of the of the of the patients or
Speaker 6: just or just the the case. That's the thing I wonder.
Speaker 6: Let me see, I'm looking further. It says that the
Speaker 6: notifiable disease's notification includes, Yes, you must have personal information, names, addresses.
Speaker 6: Oh so they want detailed information on you, brother, if
Speaker 6: you have any of those. I never realized that there
Speaker 6: were these conditions, did you, guys that had to be reported?
Speaker 25: Do you know they tracked down like the food poisoning cases.
Speaker 6: For example, where's that that's not listed here? Food poison?
Speaker 25: You just mentioned hepatitis. That's a food. That's a food born? Yeah,
Speaker 25: people and C they're syrum. I don't know which one
Speaker 25: one of them? Serrum it's common to get.
Speaker 6: Yeah, one of them serum dirty food food born's a
Speaker 6: B is with serum and C is non a on B.
Speaker 6: We don't what is seed with docket? They call it
Speaker 6: non A and I B, Well, what is it?
Speaker 26: It's not a on B.
Speaker 23: They can't define the the egg okay, ideology of it?
Speaker 6: Why syphilis and not gonorrhea?
Speaker 4: Why not eggs?
Speaker 6: I don't know that's that's a good question. I don't
Speaker 6: know the answer to this, but those are the conditions
Speaker 6: that must be reported to the CDC. Thank you for calling, Mike.
Speaker 6: Three oh three seven one three talk seven one three
Speaker 6: eight two five five more coming right up. Hi, Tom Martino,
Speaker 6: your troubleshooter, Deputy Bow. You have some follow ups? What's
Speaker 6: going on? Bow?
Speaker 16: Okay, I've got a good final follow up with Chris
Speaker 16: in his robotic I bought dog from.
Speaker 6: Oh my God, we got to recap this and Chris, yeah,
Speaker 6: go ahead, Chris is go ahead.
Speaker 16: Well we're from October twenty fourth, and D and I
Speaker 16: were working on it.
Speaker 6: Yeah, and it was a sad story. Seriously, this man
Speaker 6: with disabilities could not care for a real service dog
Speaker 6: and wanted a companion, and he literally bought a Sony
Speaker 6: robot dog one I didn't even know existed. And it's
Speaker 6: pretty clever and pretty damn cool. But his was malfunctioning
Speaker 6: a bit and he was upset. He spent over three
Speaker 6: thousand dollars on him, right, yeah, yeah, will overse or more?
Speaker 6: How much?
Speaker 25: I think about three and a half or something.
Speaker 26: It was thirty six with the toys.
Speaker 6: Wait, who whoa thirty six hundred.
Speaker 16: Well the dog was three thousand and seventy five, and
Speaker 16: I think the toys were another three or four hundred.
Speaker 6: And it's called a bo, right, a bot?
Speaker 26: Yeah, a bot or.
Speaker 6: Abol Okay, So Sony was being really out of this,
Speaker 6: like weird on this one. They wouldn't give his money back.
Speaker 6: What were some of the problems they had? They said, no,
Speaker 6: we can't give the money back. It's non refundable. He
Speaker 6: said it was. It's it's defective. Send him another one.
Speaker 6: They wouldn't send him another one. They wouldn't give his
Speaker 6: money back. Why bo? Why were they being such sticklers here?
Speaker 12: You know?
Speaker 16: But that part the I just know they were jerks
Speaker 16: about it. They would not send him more and they
Speaker 16: would not and then he paid with a paid paler
Speaker 16: or something, and then they just absolutely refused a refine
Speaker 16: in the red.
Speaker 6: I did not like that.
Speaker 25: And then and they wouldn't even discuss it with us.
Speaker 25: They blocked my number and they said that they'll what
Speaker 25: they calls from me, and then they won't take any
Speaker 25: more calls from the consumer. And that's when BO had
Speaker 25: to get into.
Speaker 6: So you don't have to give every detail, but what happened.
Speaker 16: I'm not going to give every detail, but eventually they
Speaker 16: did relent. They did refund his money, and they refunded
Speaker 16: the restock They were first charge, give him a refund
Speaker 16: plus plus a twenty five restocking charge. They waived the
Speaker 16: restock charge. They gave him a full refund a form
Speaker 16: of a check that he wanted.
Speaker 26: It took a few months to.
Speaker 16: Do, but he's very he's a disabled vet, fixed income.
Speaker 16: He's very happy. He received the check in full last week.
Speaker 6: Oh, man, I'm happening.
Speaker 11: Another dog?
Speaker 26: I asked him. He said no. I told him he
Speaker 26: should go to the dumb Friends League and get a dog.
Speaker 6: Yeah, he didn't cheaper. That definitely deserves the dinger.
Speaker 21: Man.
Speaker 6: No, that's a good story. I feel sorry for him. Impression.
Speaker 6: Did you get the impression? Maybe he had special needs
Speaker 6: of some kind.
Speaker 16: He was a disabled vet, and he was lonely and
Speaker 16: know in any apartment he had no friends. He really
Speaker 16: wanted companionship.
Speaker 6: And I is anyone going out to visit him or
Speaker 6: any I mean, like what we ought.
Speaker 16: To I call follow He's a little bit of a talker,
Speaker 16: but I could follow up with him.
Speaker 6: Well, you don't have to do it alone. We should
Speaker 6: keep that in mind. Maybe there's a group he's a veteran,
Speaker 6: maybe there's people that will look in on him from
Speaker 6: time to time. We can keep him in mind for
Speaker 6: the holidays.
Speaker 23: What about meals on wheels? Wouldn't would he qualify for that?
Speaker 23: So at least you have some contact once a day.
Speaker 26: That's a good idea, DOC, then he would get you.
Speaker 6: Let's keep him in mind. BO. Remind us as we
Speaker 6: get closer here, I mean, we're we're we're the holidays
Speaker 6: are upon us. Let's see what we can do for
Speaker 6: this guy, and maybe we can get you get some
Speaker 6: people who regularly look for UH and look to help
Speaker 6: veterans as well. That would be good. Thank you, Bo,
Speaker 6: that was great. Well this is the end of the show. Wow,
Speaker 6: So let me say olslaw dot com thank you so
Speaker 6: much for being here. And you can reach Brad when
Speaker 6: he's not here at seven two zero three seven zero
Speaker 6: seventy three eighty eight. And remember, folks, you can always
Speaker 6: reach me at three zero three Martino for anything that
Speaker 6: you need for help with consumer problems or investment advice.
Speaker 6: Save all your problems for me.