Speaker 1: Yea ridd you need advice? Who you don't help? Come
Speaker 1: running shouses as we can. Shooter's gonna help coming man.
Speaker 2: This is the Troubleshooter Show. No Tom Martine.
Speaker 3: Hey, hey, hey, welcome to the show. Three oh three
Speaker 3: seven one.
Speaker 4: Three talk three oh three seven one three h five
Speaker 4: five Here to help you solve problems, answer questions, take complaints,
Speaker 4: make your life a little easier. Thanks for being here everyone,
Speaker 4: And we love taking your phone calls talking about problems.
Speaker 4: We really do, but we like solving you and then
Speaker 4: I like making comments of the day Today, I'm Brad
Speaker 4: O'Brien with me from ols or O'Brien Legal Services olslaw
Speaker 4: dot com and Brad does real estate law, which is
Speaker 4: really god it is. I think you know it used
Speaker 4: to be real estate really was like okay, once or
Speaker 4: twice in a lifetime, you buy a house. I mean
Speaker 4: it's so ubiquitous right now, not just with of course
Speaker 4: owning a home, buying a home, buying property, but also
Speaker 4: being a landlord, being a tenant, and you know so
Speaker 4: many things in between, eminent domain by a state or municipality,
Speaker 4: adverse possession by a neighbor saying this is my swath
Speaker 4: of land, swath of land, other people saying you're encroaching
Speaker 4: on my property or whatever. So many issues in a
Speaker 4: day title insurance could be Brad rather than me trying
Speaker 4: to speculate you're on what.
Speaker 3: Are what are some of the main issues these days? Brother?
Speaker 5: Well, I help people with buying and selling residential and
Speaker 5: commercial real estate and any kind of dispute and involving
Speaker 5: real estate. So it runs the gambit from you know, evictions,
Speaker 5: to mechanics, leans to.
Speaker 6: Just anything that can come up with owning or using
Speaker 6: real estate.
Speaker 4: Now, what's the number one though? The number one call Brad,
Speaker 4: If you had to pick one by team.
Speaker 5: I would say probably landlord tenant, both residential and commercial.
Speaker 4: Okay, and tell me about the challenges landlord's face right now.
Speaker 5: Well, on the residential side, the laws have really change
Speaker 5: in the last couple of years in a pro tenant way,
Speaker 5: and it's very expensive frankly for the smaller landlord because
Speaker 5: they're going to be going to court more often, They're
Speaker 5: going to be in court longer if there's an eviction situation,
Speaker 5: and that's just it's just more expensive.
Speaker 6: There's more overhead for being a landlord.
Speaker 4: Yeah, I mean you have to know your way around,
Speaker 4: and and there's almost what I.
Speaker 3: Call a forever lease provision.
Speaker 5: Yeah, the landlord tenant laws in Colorado are very strictly
Speaker 5: construed in favor of the tenants and against the landlords.
Speaker 4: So years ago it was just the opposite. I mean,
Speaker 4: tenants had no rights. When I first came to Colorado,
Speaker 4: I would tell people, you know, you don't have any rights,
Speaker 4: not even for habitability.
Speaker 3: That all change.
Speaker 5: So if a landlord makes makes mistake by charging a
Speaker 5: late fee that's more than what the law allows, or
Speaker 5: tries to do an eviction without falling all the steps exactly,
Speaker 5: that could be a defect that causes them to start
Speaker 5: over or have to pay a fine.
Speaker 4: Okay, Now, when it comes to this forever lease, what
Speaker 4: I mean by that is you have to have a
Speaker 4: just cause to end it.
Speaker 3: Is that correct, right?
Speaker 5: The law recently changed where someone who's been in a
Speaker 5: rental for longer than a year has the right to
Speaker 5: have their least renewed when it comes up for renewal,
Speaker 5: unless the landlord has one of a few stated reasons
Speaker 5: for not renewing, and those are the exceptions.
Speaker 4: Now I heard this brat, I don't know if it's true.
Speaker 3: I heard.
Speaker 4: That landlords are making leases three hundred and sixty days.
Speaker 3: Now you know that the what's the ploy there? You
Speaker 3: can read into that.
Speaker 5: Yeah, because the way this new statute was drafted in
Speaker 5: twenty twenty four, as soon as the tenant has been
Speaker 5: in a rental for a year, then they have this
Speaker 5: right that that that kicks in that allows them. It
Speaker 5: gives them the right to have a renewal of their lease.
Speaker 5: So if but if they've been there for less than
Speaker 5: a year. So that's that's why some landlords are writing
Speaker 5: leases just short of a year, maybe eleven months or
Speaker 5: a day short of a year.
Speaker 6: Then they don't have that. The Tennis don't have that
Speaker 6: right yet.
Speaker 4: Ah, then they can write it for another three hundred
Speaker 4: and sixty day period or whatever.
Speaker 5: Well, no, but once they get into the industry, Oh,
Speaker 5: then it's more than a year. At the one year mark,
Speaker 5: then the Tennis do have that right to have their
Speaker 5: lease renewing.
Speaker 4: Oh, even if it's a new lease for three hundred
Speaker 4: and sixty days, because cumulatively has been more than a year. Right, Okay,
Speaker 4: got it? Got it all right? Well that's interesting. Three
Speaker 4: oh three seven to one three talks seven one, three, eight,
Speaker 4: two five. I'm going to go to the phones right
Speaker 4: now and we'll talk to Craig and Mark's on the phone.
Speaker 4: We started this yesterday. Craig is just very frustrating. We
Speaker 4: can't seem to shake our response. You dropped off your vehicle,
Speaker 4: a WRAPO Kia on October sixteenth, needed a tranny. It
Speaker 4: wasn't going into fourth gear. They put in a tranny.
Speaker 4: Then you had a problem going in the first gear.
Speaker 4: And you said that you never needed the tranning, but
Speaker 4: it turns out you probably did.
Speaker 3: They put in.
Speaker 4: A new PCM. You had to pay fifteen hundred for that.
Speaker 4: What's the bottom line here? What are you looking for
Speaker 4: right now? You just want your truck back. What is
Speaker 4: going on right now?
Speaker 7: Well, it's my car, Kia Forte. They put in one
Speaker 7: transmission and rebuilt transmission. Then that didn't fix it. It
Speaker 7: was stuck in fourth year. Once they put that in,
Speaker 7: it was stuck in first year. And then you know
Speaker 7: that was in the first two weeks.
Speaker 8: The car was there and all.
Speaker 7: Of a sudden it's been.
Speaker 4: Then they put in Let's just get to the point,
Speaker 4: where did they put in the PM.
Speaker 3: Right?
Speaker 7: So they finally put in a used PM and then
Speaker 7: they put in a new PCM and that didn't work
Speaker 7: and that's why they put in the second transmission. Then
Speaker 7: they said, yeah, also needs a new PCM, and so
Speaker 7: that's where we're at. And they forgot to put in
Speaker 7: the skid play and anyways, they finished that up. So
Speaker 7: they finished it up tuesday.
Speaker 3: Okay, so what's the issue now?
Speaker 7: Well, the thing is the big picture is it's not
Speaker 7: just my car being in the shop, but what what
Speaker 7: I've had to go through in three months?
Speaker 4: So what do you But what do you have your
Speaker 4: Do you have your vehicle back?
Speaker 7: No, I need to go pick it up. I wanted
Speaker 7: to talk to you first, and.
Speaker 3: So what do you want now? What? What? What do
Speaker 3: you want?
Speaker 4: Now we get right to the point. What do you
Speaker 4: want now? I mean, are they charging you from was
Speaker 4: this under warranty?
Speaker 7: No?
Speaker 9: No?
Speaker 3: But okay, you know he's frustrated. What do you want?
Speaker 3: Fix it over a three month period? Right? So it's
Speaker 3: the frustration.
Speaker 4: Okay, But I'm going to ask the same question, what
Speaker 4: do you want?
Speaker 7: Well, I don't. I've lost over twenty thousand dollars in
Speaker 7: pay because of this, because of them being incompetent.
Speaker 3: Okay, how much did you pay for all the repairs?
Speaker 7: The total right now is forty five hundred minus the
Speaker 7: fifteen hundred that I've already paid. So I owed them
Speaker 7: three thousand and six dollars and change.
Speaker 4: But the whole bill was forty The whole bill was
Speaker 4: forty five hundred. Yes, okay, I'm going to get give
Speaker 4: you some straight upfront news based on forty five years
Speaker 4: of experience. You're not going to get consequential damages from them.
Speaker 3: You're just not.
Speaker 9: Now.
Speaker 4: They can do a they can do a good will
Speaker 4: for something or other, but Mark tell it like it
Speaker 4: is marketing.
Speaker 10: I've left so many messages with that service manager now
Speaker 10: it's crazy. So when he goes down there, before you pay,
Speaker 10: you got to talk to the service manager.
Speaker 3: The only real issue I see that he might have.
Speaker 10: I don't want to say a leg to stand on
Speaker 10: because I actually agree with the guy. I can't believe
Speaker 10: one of deal in Doug's stores did him this way.
Speaker 10: But the bottom line is I don't understand why he's
Speaker 10: paying for the ECM or PCM, whichever it's called.
Speaker 3: That part drives me insane. It didn't do anything.
Speaker 10: They put a bad one in put the ECM in,
Speaker 10: thinking it's that that didn't do anything. They replaced the transmission.
Speaker 10: Vehicle works fine. Now evidently it was a transmission. I mean,
Speaker 10: unless they're going to are you would need it both.
Speaker 10: But that seems kind of strange. But it's possible.
Speaker 4: How much of the you have it, how much of
Speaker 4: the repair, how much of the repair cost. How much
Speaker 4: of the repair cost is the PCM. Okay, so I
Speaker 4: kind of see where you're going. Would you be satisfied
Speaker 4: if they did not charge for the PCM?
Speaker 7: Oh, that would be That'd be great.
Speaker 3: Okay, it's mark is called the mark. I'm going to call.
Speaker 3: I'm going to make another call on break.
Speaker 10: I'm going to see if I can't get with the
Speaker 10: general manager. You know, I got the service manager's name
Speaker 10: from somebody inside the organization that said the guy was
Speaker 10: a decent guy. But when he doesn't call back after
Speaker 10: all these things, I got to disagree with our friend.
Speaker 10: So I'm going to try to reach out to the
Speaker 10: GM over there. So I'll do that on break.
Speaker 3: Okay. A couple things, Okay, A couple things. I want
Speaker 3: to mention.
Speaker 4: I'm taking emails from people with all kinds of questions
Speaker 4: about their house. Specifically, they're mechanical, their HVAC, their water heaters,
Speaker 4: they're everything like that, plumbing, heating, cooling, electric trains. Let
Speaker 4: me tell you why, because from time to time people
Speaker 4: call with simple questions and they don't want to hang
Speaker 4: on the phone, and they just have simple questions and
Speaker 4: we will answer them. Okay, we'll answer every one of them,
Speaker 4: and I'll even text you back. Now you can text
Speaker 4: me any questions to do with your home, any questions
Speaker 4: at seven four seven.
Speaker 3: Nine fifty two eighty.
Speaker 4: Now, as you know, that's my personal text, and I
Speaker 4: put these things away seven four seven nine nine nine
Speaker 4: fifty two eighty. Okay, think of an airplane seven four
Speaker 4: to seven that I love nine nine nine as close
Speaker 4: as perfection you can get, and fifty to eighty for
Speaker 4: the mile high city seven four seven nine nine.
Speaker 3: Now listen.
Speaker 4: In addition to that, well, any questions okay on on
Speaker 4: the house and we will answer them, so you don't
Speaker 4: have to be on hold or anything for just simple questions.
Speaker 3: Uh.
Speaker 4: Also, we have a question for Brad O'Brien. I'm gonna
Speaker 4: let him think about it during the break. Keith, what
Speaker 4: is the question.
Speaker 11: Is there a Hey, Tom, is there a reset?
Speaker 12: Yes?
Speaker 11: If you have a tenant in your apartment, is there
Speaker 11: a reset time if you moved them out of three
Speaker 11: hundred and sixty days? Could you say, well, you can
Speaker 11: come back in six months or a year, But I'm
Speaker 11: not going to rent you until then because I'm going
Speaker 11: to preserve my my property rights.
Speaker 4: Okay, hold on, we'll talk about that coming up. I'm
Speaker 4: Tom Martine three three seven one three eight two five five.
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Speaker 4: three oh three nine two zero sixteen twenty two. Hi
Speaker 4: Tom Martino here three oh three seven one three talks
Speaker 4: seven one three eight two five five. So this is
Speaker 4: an interesting question Keith has. So I'm going to bring
Speaker 4: up Brad O'Brien as well, Keith, go ahead, you you
Speaker 4: you brought up a scenario because here's what Brad said. Originally,
Speaker 4: if you are there less than a year, you don't
Speaker 4: have If you have a tenant there less than a year,
Speaker 4: you don't have to give a just cause to end
Speaker 4: the lease. It's not automatically renewable in absence of a
Speaker 4: just cause. But once you do renew it, even if
Speaker 4: it was three hundred and sixty days, and you renew
Speaker 4: it again for three sixty you are going to go
Speaker 4: over the one year and then will be subject to
Speaker 4: just cause after that.
Speaker 3: What you're saying is something else.
Speaker 4: What if you have a three hundred and sixty eight
Speaker 4: day or sixty two day lease and then cease the lease,
Speaker 4: have some kind of a brief respite in between, and
Speaker 4: then revive the lease.
Speaker 3: Is that what you're.
Speaker 11: Saying, Yes, sir, just just as a way to get
Speaker 11: around that law and to maintain your personal property rights.
Speaker 3: Okay, Brad, Well, is that valid?
Speaker 10: I mean, can you use that you built that loophole,
Speaker 10: Brad and do a lease.
Speaker 3: Well, I don't even know how you're going to get
Speaker 3: to do it.
Speaker 4: I don't know how you're going to get a tenant
Speaker 4: to do You're gonna ask the tenant after three hundred
Speaker 4: and fifty or at three hundred and sixty days to
Speaker 4: move out for thirty days?
Speaker 11: Well, my thought would be, would there be a six
Speaker 11: month like if you waited six months, could you Yeah?
Speaker 3: No, I know, I know that's a good question, Brad.
Speaker 4: Is there a time that they wait and reinstitute a
Speaker 4: lease so they can claim you haven't been there more
Speaker 4: than a year?
Speaker 5: Well, this new statue does not get into how many
Speaker 5: days it takes to the of the tenant being out
Speaker 5: of there and then coming back.
Speaker 6: To establish a new tenancy.
Speaker 5: It's really a question of fact of is there a
Speaker 5: new and different tendency from the tendancy that was there
Speaker 5: for the first year.
Speaker 3: And that's not really written into the law.
Speaker 6: No, it's a question of fact.
Speaker 13: You know.
Speaker 4: It doesn't say if you move out for thirty days
Speaker 4: and come back you start over.
Speaker 3: It doesn't. But it doesn't say you don't start over either.
Speaker 13: Yeah.
Speaker 5: I think you probably could establish a new tenancy if
Speaker 5: there's a thirty day break in the middle, if they
Speaker 5: actually moved out. Now, if they didn't move out, I
Speaker 5: don't think you're going to find any loopholes to this statue.
Speaker 4: What if you had the husband and wife team and
Speaker 4: the first three sixty is the husband and the second
Speaker 4: three sixty is the wife.
Speaker 5: That's just a question of fact that that's really you'd
Speaker 5: have to convince judge that it was a new and
Speaker 5: different tendancy. But you know, you'd be looking at who
Speaker 5: was on the lease originally, was the second spouse there
Speaker 5: for the first year. You know, it was a commonality
Speaker 5: among the tenants.
Speaker 13: I understand that.
Speaker 11: Of course, if you were to move somebody out after
Speaker 11: a year and say, hey, you can come back in
Speaker 11: thirty days, I'll write you up a new lease.
Speaker 2: Nobody's going to do that.
Speaker 11: It's impractical for the ten but the end probably for
Speaker 11: the landlord. But I'm just trying to trying to come
Speaker 11: up with waite.
Speaker 10: But wait a minute, it is at all if you
Speaker 10: did do a lease for three hundred and sixty two
Speaker 10: days or whatever it is, at least when when the
Speaker 10: thirty days comes up to the end of that lease,
Speaker 10: you could make a decision, right Brad, if you want
Speaker 10: to keep these people in your apartment.
Speaker 3: I mean, there's is there anything wrong with that?
Speaker 5: Well, this news statute requires a ninety day notice prior
Speaker 5: to not really doing someone.
Speaker 10: Okay, that's fine, then you still have nine months dealing
Speaker 10: with leep.
Speaker 3: Hold on, Mark, hold on, let them clarify.
Speaker 14: Go ahead.
Speaker 5: Actually, the ninety days does not apply to someone in
Speaker 5: the first year. So probably if the lease says a
Speaker 5: decision has to be made thirty days in advance of
Speaker 5: the of the of the end of the first year,
Speaker 5: you can get that thirty day notice. But once they're
Speaker 5: into the second year, then there has to be this
Speaker 5: ninety day notice of non renewal.
Speaker 4: So even if it was one year, if you give
Speaker 4: a thirty day notice, it's not a just cause.
Speaker 3: You don't have to make it three hundred and sixty days,
Speaker 3: do you.
Speaker 6: If you have a just cause, then you then you
Speaker 6: give a ninety day notice.
Speaker 4: Okay, I'm talking about very first year of tenancy. Yep,
Speaker 4: you're in the eleventh month. You let them know you're
Speaker 4: not renewing. Doesn't have to be a just cause they
Speaker 4: haven't been there a year.
Speaker 5: No, because that just cause doesn't apply to a tenant
Speaker 5: who's been there for less than a year.
Speaker 4: So therefore there's no reason to write the lease less
Speaker 4: than a year, is there?
Speaker 5: Well, yes, because it's this one day problem that where okay,
Speaker 5: the statute is ambiguous, where they don't have the right
Speaker 5: until that three hundred and sixty fifth day, but the first,
Speaker 5: the least, the one year lease does get the three
Speaker 5: hundred and sixty Okay, I got the last day the
Speaker 5: right kicks in.
Speaker 3: So on the very last day, the right kicks in. Okay.
Speaker 3: So therefore, if you want at least.
Speaker 11: If tom, what if you if you give them, if
Speaker 11: you give them that notice and you say, okay, your
Speaker 11: lease will end on this day, which would be the
Speaker 11: three hundred and sixty fourth day, let's say, just to
Speaker 11: cut it close, and the tenant says I can't be
Speaker 11: out there and they end up staying that day. Are
Speaker 11: they now grandfathered in and say you you now have
Speaker 11: to renew my lease and then I have to go
Speaker 11: on a victor.
Speaker 3: That's a good point.
Speaker 5: Well, the statue does not get into that question, and
Speaker 5: there's no case law on this today.
Speaker 6: So I would argue that no.
Speaker 5: Proper notice, the tendency was terminated because the written notice
Speaker 5: was given ahead of time that it was was going
Speaker 5: to terminate, and it did terminate.
Speaker 4: So so or you could go with the sterra turnkey
Speaker 4: and do rentals in a state that isn't crazy.
Speaker 3: Yep, that's very good point.
Speaker 10: This is I know Brad's gonna think this is silly,
Speaker 10: but the way that's written, honestly, and I'm not kidding,
Speaker 10: if it's leap year is at three hundred and sixty
Speaker 10: six days.
Speaker 3: The statute point.
Speaker 5: I believe, is written in terms of one year, not
Speaker 5: three hundred and sixty five days.
Speaker 4: So yeah, so it would leaves the calendar year. Yeah,
Speaker 4: it's a calendar year. So if it is a year
Speaker 4: where February has more days, it would have more days.
Speaker 3: If it's less, it would be less. You know, all,
Speaker 3: what's going to do?
Speaker 10: And I said this and I'm not trying to get political,
Speaker 10: but honestly, I don't even know what mark.
Speaker 3: Yeah, people love when you do go ahead, it's gonna do.
Speaker 10: It's gonna do nothing but raise prices. Ultimately, it costs
Speaker 10: more for landlords who would want to own property in
Speaker 10: a state where you can't terminate a lease.
Speaker 3: The whole thing of having.
Speaker 10: A lease is that's why we agree to something for
Speaker 10: a year, then it's done. How dare they come in
Speaker 10: and do something so stupid? Well, I'll tell you why
Speaker 10: this came about.
Speaker 4: There have been a lot of people who have been
Speaker 4: in a place five or six or seven years.
Speaker 3: Not just one, and it's their home, and.
Speaker 4: They're even willing to pay reasonable rent increases and all that,
Speaker 4: and they just are moved out and because of something
Speaker 4: and they feel it's not just Now, that's just the
Speaker 4: way I'm talking about the spirit. I'm not saying it's
Speaker 4: a good or bad reason. That's the spirit of the law.
Speaker 10: If you look at you thing, man, it take that
Speaker 10: person you're talking about.
Speaker 3: How about if I go, oh, wow, that.
Speaker 10: Area in Washington Park or wherever's really coming along, I
Speaker 10: want to go ahead and put one hundred grand into
Speaker 10: this house and rent it out for triple What I am?
Speaker 3: I can't even do that?
Speaker 6: Well, no, that just one of the exceptionally major renovation is.
Speaker 3: A major renovation is an exception?
Speaker 4: What about raising rents because that's okay, Look, okay, Now,
Speaker 4: let's say there's a major fire somewhere in the state
Speaker 4: or in the city, or let's say something changed and
Speaker 4: the housing market is such that rents you could get
Speaker 4: way more rent Are you restricted like in communists or Moscow?
Speaker 3: Are you restricted on what you can raise your rent. Well,
Speaker 3: there's gouging rights.
Speaker 5: Well, hold on, Mark, Colorado, a landlord can raise a
Speaker 5: residential rental rate once every twelve months on rolling basis.
Speaker 3: But how much?
Speaker 5: Uh, well, presumably it's market somewhere, I mean the market.
Speaker 3: Is there a law that says you can't raise it
Speaker 3: too much?
Speaker 6: Well?
Speaker 5: Yes, this, this new statue says that the landlord cannot
Speaker 5: raise the rent in the punitive way in order to
Speaker 5: circumvent these protections that have been in.
Speaker 3: And what is it? What was he? What is that though?
Speaker 3: Is there a percent?
Speaker 6: That's a question that.
Speaker 4: Okay, So what Mark said it's like an anti gouging thing.
Speaker 10: Well, no, what I'm saying is in Colorado we have
Speaker 10: laws if there's a natural disaster proclaim, just like California
Speaker 10: and the kit Mark.
Speaker 4: Yeah, I just Mark, I just gave that as an example.
Speaker 3: But I'm just saying, I'm just saying in general, go ahead, man.
Speaker 15: Tom, I'd like to add something that also, if you
Speaker 15: move a tenant out for remodeling, then the laws states
Speaker 15: that you are required to give them first writer refusal
Speaker 15: to come.
Speaker 8: Back, so that.
Speaker 11: You don't have that you don't it's not a loophole.
Speaker 11: Because you are supposed to give that tenant the first
Speaker 11: writer's usual to come back to move back in after remodeling. Now,
Speaker 11: if you want to raise the prices.
Speaker 9: That's different.
Speaker 11: That's one thing, But you still have to give that
Speaker 11: tenant the first writer's fusal. I mean, it's a complete
Speaker 11: it's a complete and utter usurpation of homeowner rights and
Speaker 11: property rights in the state. It's unbelievable.
Speaker 3: So you know what people voted for that, dude, I.
Speaker 7: Know, I know.
Speaker 11: That's what I don't understand is people are too stupid
Speaker 11: to realize that everything they vote for has consequences, but
Speaker 11: they don't seem to They don't seem to care, because
Speaker 11: all they care about is what suits me.
Speaker 4: Right now, well, actually it's not even that. Well I've
Speaker 4: said this before, and I think Mark even agreed with me.
Speaker 4: It is incredible the amount of pain, now I'm not
Speaker 4: talking about benefit, the amount of pain that someone will
Speaker 4: endure to be politically correct. It's almost like they're willing
Speaker 4: to endure it just because they Yeah.
Speaker 10: But again, I mean that it does get to a point,
Speaker 10: and I'll give you an idea of Denver. In my opinion,
Speaker 10: Denver is really getting to that point quick. You realize
Speaker 10: we had another stabbing last night around.
Speaker 4: Mark the point mark you mean the point where the
Speaker 4: pendulum will swing the other way. Yes, okay, all right,
Speaker 4: we got to take a break.
Speaker 3: I'm Tom Martino. Hold on quick.
Speaker 10: It could be for some people, it might be economics.
Speaker 10: For some people, it might be crime. When you live
Speaker 10: in a neighborhood where randoms are walking around stabbing people.
Speaker 3: There's an issue. Mark is saying, and I know what
Speaker 3: he's saying.
Speaker 4: There are triggers that will jult you out of your
Speaker 4: current political standing.
Speaker 3: If you heard enough.
Speaker 4: There are I say, yeah, there are, but they have
Speaker 4: to be major because look at the pain that Californians
Speaker 4: endure for there for there, I'm.
Speaker 3: Just gonna say, for that.
Speaker 10: But this fire is gonna wake them up. You think
Speaker 10: Newsom's gonna get re elected after this? How about that mayor?
Speaker 10: I'll be shocked if she's not tossed out on her ass.
Speaker 4: Okay, we got more coming up. I'm Tom Martino. Now
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Speaker 1: What's the reality?
Speaker 3: Hi Tom Martine here, Welcome to the show.
Speaker 4: Three oh three seven to one three Talks seven one
Speaker 4: three eight two five to five.
Speaker 3: You know, real estate's a big topic. It's a hot topic.
Speaker 4: Brad O'Brien. You know we have a Vestera turnkey I
Speaker 4: talk about now. I'm not trying to get you to
Speaker 4: do anything except weigh in on issues. It's not a
Speaker 4: pooled investment, by the way. The reason I say that
Speaker 4: is in real you know, since I've had and I
Speaker 4: opened my financial advisory firm, you can't do pooled investments
Speaker 4: without calling it a security, and you have to have
Speaker 4: all kinds of disclosures and safety measure and all that.
Speaker 4: But when you do what VESTERAA is doing, and I'm
Speaker 4: not saying they're doing it to get around securities, I'm
Speaker 4: just saying that it's not a security period just like
Speaker 4: an annuity is not a security, a fixed index annuity
Speaker 4: that Kiano does and what Barry Miller does with Vestera
Speaker 4: is not a security.
Speaker 3: What he does is he hooks people up with.
Speaker 4: The properties and they own the property, they have a
Speaker 4: loan on the property, they have money in the property.
Speaker 4: He finds markets where he finds good His research shows
Speaker 4: people where there's good appreciation, It shows them where there's
Speaker 4: good rents, and then he tells them when to sell
Speaker 4: and he counsels them. So he makes his money on
Speaker 4: commissions going in and coming out, but you're not even
Speaker 4: obligated to use.
Speaker 3: Them, but he hopes you do, and usually they do.
Speaker 4: And then he hooks up a management company and he
Speaker 4: doesn't overcharge or mark up the management services. You work
Speaker 4: directly with these top notch management companies. And then he
Speaker 4: even has a service I think it's an extra two
Speaker 4: hundred bucks a year or something where they take all
Speaker 4: of your daily phone calls in if there are any,
Speaker 4: and make decisions for you and help you make decisions. Now,
Speaker 4: being a landlord, he says, it's being a landlord without
Speaker 4: the conventional hassles and risks.
Speaker 3: Overall.
Speaker 4: What do you I'm not asking for endorsement, I'm asking
Speaker 4: like as a as a model.
Speaker 3: What do you think I mean? Have you heard me
Speaker 3: advertise that. What do you think of that concept?
Speaker 5: Well, I think a lot of landlords at some point,
Speaker 5: especially smaller landlords, do want to get out of the
Speaker 5: business and out of the day to day management. They
Speaker 5: don't want to fix in toilets or even hiring people
Speaker 5: to fix.
Speaker 3: Toilet especially in outside of the state markets.
Speaker 6: Yep.
Speaker 5: So, so some landlords would like a way to stay
Speaker 5: in the real estate investment game, and but let somebody
Speaker 5: else do the daily work. And so that means hiring
Speaker 5: so either buying a small piece of a real estate
Speaker 5: investment or hiring a property management company to manage for them.
Speaker 3: Yeah, so I like the concept personally, I do.
Speaker 16: Tom, Yeah, I do, And I know I've talked Yeah, yeah,
Speaker 16: And I talked to BO about investing in general Bo
Speaker 16: and I, and it's a good system.
Speaker 4: Now, some people don't want to come up with a minimum.
Speaker 4: I think it's around sixty five grand. So I've been
Speaker 4: putting together in my I'm putting together to my investment company,
Speaker 4: my financial management company, or my advisement company, smaller LLCs
Speaker 4: that will be probably a security. We have to do
Speaker 4: it in a certain way where people are chipping in,
Speaker 4: and so instead of one person owning one property, we
Speaker 4: have a small LLC that owns each property For people
Speaker 4: who want to do that, but they don't want to
Speaker 4: take out the big chunk. They just want to take
Speaker 4: out They just want to be part of one. Of course,
Speaker 4: you're not going to make as much as if you
Speaker 4: did it all by yourself, but you don't have as
Speaker 4: much risk either. But the concept I think is brilliant.
Speaker 4: I think it's brilliant, and I do now. I think
Speaker 4: fixed indextinuities have a place, you know, I even think,
Speaker 4: by the way, variable annuities have a place. That's what
Speaker 4: I love about all of the knowledge and the education
Speaker 4: I've gotten in the financial world, because I used to
Speaker 4: think variable annuities are evil. Then I looked into them.
Speaker 4: Now I'm not, by the way, telling you to go
Speaker 4: out and get one. I'm not telling you that. But
Speaker 4: what I like about him is you get to invest
Speaker 4: in a pool of money that earns tax free. It's
Speaker 4: tax deferred actually when you start, but you get to
Speaker 4: play with this fund, and it's variable. You make what
Speaker 4: you make, you lose what you lose. There are some
Speaker 4: protections you can put in for the floor and for
Speaker 4: the ceiling, but you can just have a little pot
Speaker 4: of money that you invest and it grows tax deferred,
Speaker 4: no reporting every year, and what you made, and then
Speaker 4: when you start drawing it, you turn it into a
Speaker 4: regular annuity. Again I'm not saying it's the best thing.
Speaker 4: Then there's the fixed index annuity, where it's again garantee growth.
Speaker 4: You don't get the growth of the market but you
Speaker 4: don't get the losses either. You get a sustained growth
Speaker 4: and the missed opportunity. With us, the only risk to
Speaker 4: a fixed indextinuity is the lack of upside. If you're
Speaker 4: doing better on your own or in a portfolio, you
Speaker 4: may not want to rest it right away. That's why
Speaker 4: some people do the regular investing through their lives, and
Speaker 4: as they get toward retirement they take a lump sum
Speaker 4: and do an annuity immediately. So there's all different ways
Speaker 4: to do stuff like that. Catherine, what is your question?
Speaker 17: I am an owner of a condo in Westminster and
Speaker 17: recently there has been a complaint made against me, and
Speaker 17: so I found out from the HOA manager and I
Speaker 17: asked him to be able to see it, but he
Speaker 17: says that this is not his to share. And at
Speaker 17: the same time he is making references about something about
Speaker 17: me being loud and not cooperating with the police.
Speaker 4: So it like, okay, you hold on, I will come
Speaker 4: right back to you. No, No, you hang on, Catherine,
Speaker 4: We're gonna come right back to I promise. Three O
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Speaker 3: You don't pay a cent until you're content.
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Speaker 4: when you choose Frank durand the real estate Man dot
Speaker 4: com to list your home with Remax Lions three all
Speaker 4: three nine two zero sixteen twenty two. Hi Tom Martine,
Speaker 4: your troubleshooter three oh three seven one three talk three
Speaker 4: oh three seven one three eight two five five Catherine,
Speaker 4: She said there was a complaint lodge against her at
Speaker 4: the HOA. Did they say it was from another tenant
Speaker 4: or another resident? Yes, okay, And they didn't say what
Speaker 4: it was about. It was about being Did they tell
Speaker 4: you what the complaint was?
Speaker 17: They told me that I am supposed to reduce my
Speaker 17: level of noise and stop becoming a nuisance to my neighbors.
Speaker 4: Oh do you think you make noise?
Speaker 17: I don't think so. Like I talked with all of
Speaker 17: my neighbors except for the ones upstairs, and I used
Speaker 17: to talk with them as well until some changes have happened.
Speaker 17: But I after that happened, after the complaint, I talked
Speaker 17: to my neighbor through the wall and I was like, Hey,
Speaker 17: here's what happened. If you hear anything from my apartment,
Speaker 17: please let me know, because like, if you hear it
Speaker 17: through the wall, and if I just turn it down,
Speaker 17: then definitely somebody above me through the floor will not
Speaker 17: hear anything.
Speaker 3: But let me let me.
Speaker 4: Ask you a couple of things. Let me ask you.
Speaker 4: I want to hear your problem. Go ahead, what did
Speaker 4: you say? Your problem is? What?
Speaker 17: So I would like to know exactly what was written
Speaker 17: in the complaint because when I asked the HI manager who, and.
Speaker 3: You want to know that so you can address it.
Speaker 2: Exactly.
Speaker 17: I want to know because he mentioned something about me
Speaker 17: not collaborating with the police, and it's like.
Speaker 3: What have you ever? Have you ever talked?
Speaker 4: Hold on, we'll come right back to you, and more
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Speaker 4: Man dot com to list your home with Remax Alliance.
Speaker 4: Three oh three nine two zero sixteen twenty two.
Speaker 1: Yeah, rip.
Speaker 2: News.
Speaker 1: Need advis who.
Speaker 3: You don't have?
Speaker 1: Come, run in just as fast as you can. Shooter's
Speaker 1: gonna help.
Speaker 2: Come man, This is the Troubleshooter Show. Now, Tom Martine, Hi.
Speaker 3: Tom Martino here, Welcome to the show.
Speaker 4: Three oh three seven one three talk seven one three
Speaker 4: eight two five five.
Speaker 3: How are you doing? What can we do for you?
Speaker 4: Let me I know we are here to solve problems
Speaker 4: and answer questions and take complaints and make your life
Speaker 4: easier and just fight for truth justice in the American way.
Speaker 4: So Brad O'Brien is with us, and I'll just go
Speaker 4: right back to that shot.
Speaker 3: He is with us.
Speaker 4: He's a real estate attorney, but he knows a lot
Speaker 4: about hua's and condominiums and all that. And so because
Speaker 4: that's the part of real estate right so olslaw dot com.
Speaker 4: Brad O'Brien, I'll give out a number later. And Catherine
Speaker 4: says she had a complaint filed against her for being noisy.
Speaker 4: She doesn't know specifically what the complaint said, but they
Speaker 4: said she wasn't cooperating with police and she was noisy. So, Catherine,
Speaker 4: I want to ask a few questions first and then
Speaker 4: Brad does.
Speaker 3: Want to weigh in on this on your rights.
Speaker 4: So, Catherine, do you never ever encountered the police regarding
Speaker 4: a complaint for noise?
Speaker 3: Ever?
Speaker 17: I did want about a year?
Speaker 4: Okay, well during that how long ago? Catherine? Catherine, about
Speaker 4: a year ago? And what was what was it like?
Speaker 4: What did they say?
Speaker 17: So they came in and they told me I was
Speaker 17: too noisy At the time I was. I know that
Speaker 17: I had a huge role with my parents and I
Speaker 17: was listening to music. Afterwards, I was stressed. I did
Speaker 17: not realize. So they came in. They told me that
Speaker 17: I turned it down. Everything is fine.
Speaker 13: They left.
Speaker 17: They were understanding too, like the police was, so I thought, and.
Speaker 3: You never and you never argued with them. You never
Speaker 3: argued with them.
Speaker 17: No, Like I know I was loud, I did not
Speaker 17: realize then.
Speaker 3: Did you hear anything since then about noise?
Speaker 17: Not until this last complaint and that was from the HOA.
Speaker 17: I never heard from the police.
Speaker 3: Okay, And when did the one come in from the
Speaker 3: h u A.
Speaker 17: Still, let me just just double check. That was in November,
Speaker 17: end of November last year.
Speaker 3: And what has been doing? What? What?
Speaker 4: What is the consequence of this complaint? In other words,
Speaker 4: what did they say you're fined? Did they say you're
Speaker 4: still doing it? I mean, what if you got this
Speaker 4: complaint in November, why are you calling me today?
Speaker 17: Because like there was no consequences. But it worries me,
Speaker 17: Like I don't I was trying to figure out how
Speaker 17: to get the complaint itself, how to look at it.
Speaker 4: Okay, so you're but but but basically since that, let
Speaker 4: me get this straight. Since that notice, nothing else has happened.
Speaker 17: Nothing, nothing whatsoever. Okay, we just exchanged it.
Speaker 4: Okay, that's good. H Well, that's good. That's good. That's good. Okay,
Speaker 4: I would drop it. But but you worried because you
Speaker 4: don't want to duplicate it.
Speaker 17: No, no, no, no, no. It worries me that they
Speaker 17: are talking about the police. It's like I haven't done anything,
Speaker 17: and this sounds like okurious accusation.
Speaker 3: Okay, well, but nothing came of it. Nothing came of it.
Speaker 18: They didn't call the police again, Catherine, I would just
Speaker 18: just let it go and make sure you keep your
Speaker 18: radio over.
Speaker 4: Brad O'Brien down, Okay, let's weigh in with Brad O'Brien,
Speaker 4: attorney at law.
Speaker 5: Hold on, Brad, Yeah, I think a HOA unit owner
Speaker 5: is entitled to procedural due process if they're going to
Speaker 5: be facing a fine by the HUA.
Speaker 6: But so that would include.
Speaker 5: A notice of violation in writing, and also to know
Speaker 5: the facts of the complaint that was made against them.
Speaker 6: I don't believe that the KaiA Wa the Hoa statute.
Speaker 5: Gives you the right to see the actual complaint that
Speaker 5: the other person made.
Speaker 6: But I think you should be able to know the
Speaker 6: facts of.
Speaker 3: That, Okay, even now with just a notice.
Speaker 6: No not now, there's no controversy.
Speaker 3: Right now, there's no controversy.
Speaker 4: So but unless they were taking action on it, then
Speaker 4: you could know the details. But the details wouldn't be
Speaker 4: who did it. The details would be the details might
Speaker 4: have a few dates and specifics, but right now, because
Speaker 4: it was simply a notice, but right now because it
Speaker 4: was simply a notice.
Speaker 3: Catherine, it's not going to happen.
Speaker 5: Yeah, there's gonna be a hearing on a noise complaint.
Speaker 5: That's when she would have these discovery rights.
Speaker 4: Okay, I mean ken, Okay, Yeah, Going in.
Speaker 17: The future, if I have another complaint, what are my rights?
Speaker 13: Like?
Speaker 17: What where can I go if the HOA manager tells
Speaker 17: me that he is not going to give me any
Speaker 17: details about the complaints? Where can I go to get
Speaker 17: that from?
Speaker 10: But if he's but if the manager is not doing
Speaker 10: anything about it, what's different?
Speaker 17: Yes, yes, I need, I know, I know. But if
Speaker 17: in the future, if something happens, I hope it won't,
Speaker 17: I will make sure that I'm quiet and everything. But like,
Speaker 17: I don't know what how to defend myself. I basically
Speaker 17: I waited for so long because I feel powerless. I
Speaker 17: feel like I don't know where to go. I don't
Speaker 17: know who to ask about stuff like this. I read
Speaker 17: the hol rules and regulations that we have for our
Speaker 17: for our condo complex, but it doesn't specify what is
Speaker 17: the course of action that the owner can take when
Speaker 17: there is a complaint against them. It does say that
Speaker 17: I have I believe it was like twelve days or
Speaker 17: fifteen days to make a response, but I did not.
Speaker 17: I that window has tasted already. But I would like
Speaker 17: to know in the future if there is a complaint
Speaker 17: against me or any of my friends who own or anything,
Speaker 17: what can we do, Where can we find out about
Speaker 17: the specifics?
Speaker 3: And is it only but that's going to be governed
Speaker 3: if it's just a complaint.
Speaker 10: I still don't understand if they're not trying to take
Speaker 10: any action. Who cares if someone complains, because I think
Speaker 10: we should take a look at this letter.
Speaker 3: But they did not.
Speaker 4: And when at such time, at such time that they
Speaker 4: take action is when you can ask for specifics, but
Speaker 4: you're not going to find out who's doing it.
Speaker 3: I mean, I think you're you know what, Catherine, how
Speaker 3: old are you right now? I'm just curious how old
Speaker 3: are you?
Speaker 17: I'm thirty five?
Speaker 3: Oh, you're young? Young? Young? Okay, Okay. I think that
Speaker 3: are people around you older.
Speaker 2: Some of them.
Speaker 17: Some of them aren't the neighbors above me who started
Speaker 17: the whole thing there about my age?
Speaker 3: Okay.
Speaker 4: What I'm thinking is there could be there are people
Speaker 4: sometimes that just lay low and look for problems.
Speaker 3: You know, And it depends sometimes when.
Speaker 4: There's if somebody, if somebody's much younger, or you know,
Speaker 4: I mean, but sometimes that happens. But I don't get
Speaker 4: the sense that's happening. You only had one complaints that
Speaker 4: you've been there.
Speaker 17: Yeah that's true. Yeah, no, so don't worry about it.
Speaker 3: I would go about mcatherine.
Speaker 4: I think you're you're letting it take up too much
Speaker 4: real estate right now in your brain.
Speaker 3: I mean, I really do.
Speaker 4: If it becomes a habit and these keep coming, if
Speaker 4: there's a consequence.
Speaker 19: Then I heard something that Catherine said that's kind of concerning.
Speaker 19: She said this letter she got a few months ago.
Speaker 3: It was in November.
Speaker 19: Yeah, gave her twelve days to respond to something.
Speaker 3: Was there something that wanted to response?
Speaker 17: He said that the a joint manager said that I
Speaker 17: have twelve days. I had twelve days to respond to
Speaker 17: the complaint against me.
Speaker 19: Well complete, so multiple complaints.
Speaker 3: No the complaint because she said complaints there one.
Speaker 17: The one that's the one that they made about the
Speaker 17: no one.
Speaker 3: So there's only been one. Yes, there has been one.
Speaker 3: God I turned. I'd say they're too loud.
Speaker 10: I mean, just do it. Just go say hey, my
Speaker 10: neighbors are being too loud. So I've gotten a letter.
Speaker 4: I got a letter from or an email from my
Speaker 4: Hua saying and there was a little picture in there
Speaker 4: saying that my my green garbage.
Speaker 3: Can you know the one with the lid on? It
Speaker 3: can be seen from the street.
Speaker 4: You know, now, as you're walking behind the sidewalk, if
Speaker 4: you stop, literally, there's one spot two feet two feet
Speaker 4: area that if you're in that two feet area and.
Speaker 3: You peek behind my gate, the metal gate, you can see.
Speaker 4: The corner of that. Can you really can? So I said,
Speaker 4: I noted, and I moved it. Thank you for letting
Speaker 4: me know now what I would say, Katherine, I would
Speaker 4: have Did you respond.
Speaker 3: To them back then?
Speaker 17: No? I wanted to find out first what the complaint.
Speaker 4: Well now it's way late, it's way more. Yeah, well
Speaker 4: it's too late now.
Speaker 3: So she knew what the complaint to leave it alone.
Speaker 4: I'd leave it alone, I just Catherine, I really would,
Speaker 4: Honest to god, I don't think they're out for you.
Speaker 4: I don't think they're out to get you. I think
Speaker 4: you know, you might have had a period in there
Speaker 4: where you were noisy and upset. It's done, it's over.
Speaker 4: Forget it. If you get another complaint. What I would
Speaker 4: say is this. Here's what I would say. This is
Speaker 4: the second complaint I've gotten, and I want to cooperate
Speaker 4: in every way possible. If I could have more specifics,
Speaker 4: it could help me. Was it music? Was it walking?
Speaker 4: Was it talking? Just help me get this rectified. People
Speaker 4: like when you do that, they'll tell you. They'll say, Okay,
Speaker 4: I mean you know what I'm saying. As opposed to
Speaker 4: I demand details. I want to know who, I want
Speaker 4: to know what I want to I would just if
Speaker 4: you get it again, I promise you respond that way, like,
Speaker 4: this is the second complaint I've gotten, and I'm curious
Speaker 4: what I can do to help. If I had details,
Speaker 4: it would help me rectify the situation. So you're asking
Speaker 4: for information in a positive way. Was it walking talking?
Speaker 4: Was it music? Because one time, years ago, I had
Speaker 4: a penthouse apartment and excuse me, condo over at Landmark
Speaker 4: storing my transition many years ago, and my kids would
Speaker 4: come and stay with me, and these are rock solid units.
Speaker 4: But I got a complain and they were very specific
Speaker 4: running you know, pounty on the floors, and I knew it.
Speaker 4: I knew it was when the kids come. So I said, oh,
Speaker 4: I'm I'm very sorry. It's when my kids are here,
Speaker 4: I'll make sure I address it. Because they were hardwood floors,
Speaker 4: and they said, it's sometimes better if you have rugs
Speaker 4: or whatever. But you just I don't think people are
Speaker 4: out to get people. I really don't. I think it's
Speaker 4: few and far between them. Yeah, because it's a congruent
Speaker 4: with this topic. When Susanna and I first moved here,
Speaker 4: we were in an apartment called Pebble Creek over in
Speaker 4: Littleton or Lakewood, I forget which one. And the people
Speaker 4: above us or I'm sorry, the people below us started
Speaker 4: complaining because we both worked till seven or eight o'clock
Speaker 4: at night, and we would do laundry at night, and
Speaker 4: they didn't like the washer.
Speaker 10: They would complain that we were walking around we were
Speaker 10: just too loud. They literally even called the cops on
Speaker 10: us a couple times. Okay, so guess what she does.
Speaker 3: Why?
Speaker 10: The woman has a baby, the most colicky child I've
Speaker 10: ever heard in my life. So I would record her
Speaker 10: kids screaming all night, and I called the cops on
Speaker 10: her about twenty times. And that's I won the war.
Speaker 10: She started the battle. I won the war. Oh Son
Speaker 10: that's so big of you.
Speaker 3: Thank you.
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Speaker 4: Hi Tom Martino, you're troubleshooter three all three seven one
Speaker 4: three talk three oh three seven one three eight two
Speaker 4: five five.
Speaker 3: Okay, So.
Speaker 4: We are discussing all kinds of stuff, but part of
Speaker 4: its real estate, which a man, real estate enters into
Speaker 4: so many areas of law, I'm gonna ask something silly,
Speaker 4: It's not silly, I'm gonna ask it.
Speaker 3: Real estate was never an area of law that really
Speaker 3: had a lot of a not really, I.
Speaker 4: Mean like it does now because because now you people
Speaker 4: don't stand houses their whole lives anymore. I mean, you know,
Speaker 4: three to five years, sometimes seven years. Well landlartenant, uhtenant
Speaker 4: totally different.
Speaker 5: We're not not a big thing historically, but uh, when
Speaker 5: you're buying or selling property, or especially buying property, you
Speaker 5: want to understand that the seller has good title to
Speaker 5: what they're selling you. And so that's that's the core
Speaker 5: thing that a real estate attorney helps you with, is
Speaker 5: reviewing title and making sure you get what you think
Speaker 5: you're buying.
Speaker 4: I think people misunderstand title insurance.
Speaker 3: And correct me if I'm wrong.
Speaker 4: Title insurance says mister customer of ours, We're going to
Speaker 4: search the property you're buying, and we're going to see
Speaker 4: if there's anything recorded against the title or any dangers
Speaker 4: to the title that could encroach upon your ownership or
Speaker 4: diminish your ownership. If we find them, we're going to
Speaker 4: list them, and then we're going to ensure that.
Speaker 3: We did an accurate search.
Speaker 4: So if something comes up that we missed, that is
Speaker 4: the title insurance. It is not part of the stuff
Speaker 4: they found and it is not part of something that
Speaker 4: was not reported or recorded.
Speaker 3: Is that correct?
Speaker 6: That is correct.
Speaker 5: Title insurance policies very limited. Yeah, they don't give you
Speaker 5: the full history of the title back to patent, you know,
Speaker 5: when it was opened by the federal government. That would
Speaker 5: be called an abstract right only in some a few
Speaker 5: jurisdictions across the country, like Oklahoma or perhaps eastern County
Speaker 5: of Colorado.
Speaker 6: Would you actually do.
Speaker 5: Still do an abstract or title the shows every single
Speaker 5: owner in all of its history. Now, title companies just
Speaker 5: give you that stated history of what's relevant now on
Speaker 5: the title of a property, and if they miss something
Speaker 5: that causes title to be unmerchantable so not good title,
Speaker 5: then that's what they're insuring against.
Speaker 3: But only if they only if they did not find it.
Speaker 5: Right, if they disclosed it and put it on the
Speaker 5: exceptions list, then you don't have Then it's out there,
Speaker 5: it's disclosed, and you say you have title.
Speaker 4: Insurance for Yeah, you don't have title insurance for anything
Speaker 4: they list. Now, here's always been the argument with title insurance.
Speaker 4: We missed it, but it wasn't there. It wasn't anywhere
Speaker 4: in cyberspace, it wasn't anywhere, so we're not ensuring it.
Speaker 6: Yeah, there are. Title policies have many exceptions, that's right.
Speaker 4: And one of them is if it's not of record,
Speaker 4: and I say, well, I can do a surge. In
Speaker 4: other words, so Brad, what could happen that was not
Speaker 4: of record that they must ensure?
Speaker 3: I don't think they have to.
Speaker 5: Well, for example, a mechanics lean can actually work backwards
Speaker 5: in time and can be recorded after a closing, and
Speaker 5: it can actually have a retroactive effect to before the closing.
Speaker 3: So would that be covered, Yes, it would, It really would.
Speaker 4: So if it wasn't recorded at time of closing, so they.
Speaker 3: Didn't, they didn't list it, they.
Speaker 4: Could say the customer could say you better ensure me,
Speaker 4: and the title insurance company can't say, well, there was
Speaker 4: no way for us to know.
Speaker 5: You know, some title policies insured against mechanics laens that
Speaker 5: others don't. And it's important to have an attorney review
Speaker 5: the title commitment that you're receiving.
Speaker 3: Have you seen good and bad commitments?
Speaker 5: Yes, well, I've seen things on an exceptions list of
Speaker 5: a title policy that you should not accept. But title
Speaker 5: insurance companies will put those things on the exceptions list
Speaker 5: that they're not going to ensure for, and many buyers
Speaker 5: just go along with it, but they don't know that
Speaker 5: they shouldn't access.
Speaker 4: So let's talk about coming up that retroactivity.
Speaker 3: But I want to take James first. James, what's going on? James?
Speaker 3: What's happening? Brother? Yes? I Ken, James.
Speaker 7: Okay.
Speaker 13: So I'm down here in Colorado Springs and in May
Speaker 13: I was in a traffic accident on I twenty five.
Speaker 13: I got a ticket from the state patrol and I
Speaker 13: didn't think I deserved the ticket. So I showed up
Speaker 13: to court and said, I don't think I'm guilty of that,
Speaker 13: and he said it for a hearing.
Speaker 3: What were you?
Speaker 14: What?
Speaker 1: Wait?
Speaker 4: Let me ask you a quick question bro a quick question.
Speaker 3: What was the ticket for.
Speaker 13: Following too closely?
Speaker 3: Okay, go ahead, keep going.
Speaker 13: Yeah, my my questions really aren't really related to the
Speaker 13: traffic ticket, but more Okay, lawyer that I hired to
Speaker 13: defend me, so I should can't keep going the first
Speaker 13: hearing and I pled not guilty, and they set it
Speaker 13: for a hearing. I show up for the hearing and
Speaker 13: the State Patrol is there and I said, well, I'm
Speaker 13: going to get a lawyer. So they re said it
Speaker 13: and another month and a.
Speaker 4: Half, Oh say so wait, wait, wait, so you hired
Speaker 4: the attorney after you went alone?
Speaker 13: Correct, after my first appearance, I told god it Yeah,
Speaker 13: so I got a lawyer to iaid the fee. I
Speaker 13: met with the lawyer for about twenty minutes and he said, oh,
Speaker 13: this sounds easy. I'm glad to do it. I paid
Speaker 13: the fee.
Speaker 3: How much?
Speaker 14: Three thousand?
Speaker 3: Okay, so I paid.
Speaker 13: I paid that I met him.
Speaker 20: He said, why was it so?
Speaker 4: Why was it so important to you to fight this?
Speaker 4: I'm just curious.
Speaker 13: Well, for a couple of things. One, I didn't do
Speaker 13: what I was alleged to have done, and the state
Speaker 13: Patrol at the time of the accident told me that
Speaker 13: he was going to go to the hospital and possibly
Speaker 13: give the guy that I maintained was the cause of
Speaker 13: an accident. The state patrol said he was going to
Speaker 13: the hospital and might give him a ticket.
Speaker 4: So I kind of thought, he wa, wait, let me
Speaker 4: ask you something, James, James James, I need to ask something.
Speaker 3: Did that guy.
Speaker 4: In what way did you feel that guy caused the accident?
Speaker 13: His hood came up on his jeet because it wasn't
Speaker 13: latched on I twenty five, he slammed on.
Speaker 14: Oh behind him stand on his her brakes and I
Speaker 14: smacked into the rear of her because I just changed
Speaker 14: into the right lane and they were or stopping.
Speaker 3: So I James James, that plea wait.
Speaker 4: So that police officer didn't take that into consideration, for
Speaker 4: God's sakes.
Speaker 13: Well he did, and he even said that our stories matched,
Speaker 13: meaning the ladies in mine and my story was is
Speaker 13: that he stopped in the lane, not on the shoulder.
Speaker 13: She stopped behind him. I hit her and she hit him,
Speaker 13: and he was going to the After he gave me
Speaker 13: a ticket, I said, hey, wait, why I didn't cause
Speaker 13: the accident? The guys whose hood came up caused the accident,
Speaker 13: He said, Yeah, No, I'm gonna go to the hokit.
Speaker 3: You're right, You're right. You hold on, James, I'm with you.
Speaker 3: Hang on. I will come right back.
Speaker 4: I'm with you every bad I mean, you're making complete
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Speaker 3: You don't pay a cent until you're content.
Speaker 4: Wait time for an insurance check up free no obligation
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Speaker 3: I'm Tom Martinez.
Speaker 4: You're a troubleshooter, James, I'd be very now tell me so.
Speaker 4: I'd be pissed off at being accused of this, But
Speaker 4: now how do we get to the problem about the attorney.
Speaker 13: Yeah, so so I hired the attorney. He founded real
Speaker 13: promising and I thought, well, this is great.
Speaker 20: He knows what he's doing.
Speaker 13: He's going to represent him well, and it seems like
Speaker 13: an easy case to him. So the date that that
Speaker 13: I was secondly given, he didn't show up because he
Speaker 13: was in trial. And I told the judge, well, he's
Speaker 13: in trial. And the state patrol said, well, you said
Speaker 13: you were going to have a lawyer. I said no,
Speaker 13: I said, I was getting on.
Speaker 3: Wait a minute, wait a minute.
Speaker 4: He did not enter a delay or did not ask
Speaker 4: for a continuance.
Speaker 3: He just didn't show.
Speaker 13: Up, correct, And he did that?
Speaker 3: No? No, no, yes, wait wait wait wait wait?
Speaker 4: But did he see what attorneys usually do once they're
Speaker 4: representing you, They enter a continuance. Isn't that right, Brad?
Speaker 4: I mean, isn't that up to the attorney? You know,
Speaker 4: Brad's an attorney. But if you were going to go
Speaker 4: to if you have a hearing, said and you can't
Speaker 4: make it, you don't leave it to the client to
Speaker 4: show up and say my attorney couldn't make it.
Speaker 6: No, an attorney would definitely ask for a continuance.
Speaker 13: Okay, so keep going, and that's that's exactly what happened.
Speaker 13: So I showed up to court and I told him
Speaker 13: I was getting there, so you.
Speaker 4: Had no idea. You had no idea this guy wasn't
Speaker 4: going to be.
Speaker 13: There, correct. So we said it for a second court date,
Speaker 13: and that would have been the eighteenth of November, and
Speaker 13: sure enough, I'm there, I'm prepared, and I hadn't talked
Speaker 13: to the attorney. I left him a couple of messages
Speaker 13: that we should get together and talk about it. He
Speaker 13: never responded, and then he didn't show up for our
Speaker 13: trial date, which was eighteen November. So the judge told me,
Speaker 13: he said, basically, lawyer or not pointing his finger at me,
Speaker 13: you need to be ready next time, and he said
Speaker 13: it for sixteen December. So between eighteen November and sixteen December,
Speaker 13: I kind of realized I might not be able to
Speaker 13: count on the attorney, so I went ahead and paid
Speaker 13: another eight hundred and fifty dollars to the State Patrol
Speaker 13: for bodycamp, dash camp and all the generated documents. So
Speaker 13: then the sixteenth of December, which was a Monday, I
Speaker 13: get up in the morning and there's a long text
Speaker 13: on my phone from my attorney apologizing that he did
Speaker 13: not make the eighteen November court date. And I didn't
Speaker 13: respond on sixteen December Monday because I had lots of
Speaker 13: things to do in my defense preparation. So I show
Speaker 13: up to court December sixteenth, and I read the text
Speaker 13: of him.
Speaker 11: Apologizes to this guy.
Speaker 4: Let me let me get this straight. Bro, let me
Speaker 4: let me get this straight. I don't care about dates. Okay,
Speaker 4: this man did not show up for any hearing ever.
Speaker 13: Well, yes, he did so the eighteen November.
Speaker 3: No.
Speaker 4: No, I don't want dates. Here's what I want. Hold on, listen, James,
Speaker 4: just wait for helping you. The first hearing after you
Speaker 4: hired him, he did not show up, is that right?
Speaker 13: Correct? And I just pled not guilty. The court said
Speaker 13: it for eighteen November.
Speaker 4: Yeah, but hold on, I'm talking not show James. James,
Speaker 4: you said please just wait, Okay, just wait. I know
Speaker 4: you're anxious.
Speaker 3: Just wait.
Speaker 4: You said you pleaded not guilty. Correct, Please, James, you
Speaker 4: said you pleaded not guilty and then hired him. Okay,
Speaker 4: so after you hired no.
Speaker 13: I hired him and then showed up to my next
Speaker 13: court date with an attorney with an attorney hired, and
Speaker 13: he didn't show up. So at that point I played
Speaker 13: not guilty, and the judge gave got it continuance to
Speaker 13: eighteen November, which is a month later, a month got it?
Speaker 4: So he didn't show up. That's the second hearing, and
Speaker 4: he didn't show up then.
Speaker 13: Either, correct, So eighteen November.
Speaker 4: And then what about the third? What about the third hearing?
Speaker 13: The third hearing was actually the time after the judge
Speaker 13: told me I needed to be ready. So between the
Speaker 13: second kay, I did the work to find out what
Speaker 13: the state Patrol had as far as his body cam
Speaker 13: and death.
Speaker 3: Okay, got it? And what did he show up for
Speaker 3: the third hearing?
Speaker 13: Kind of so again Monday, I'm ready to go to
Speaker 13: court with no attorney or an attorney. I just don't know.
Speaker 13: I haven't heard from him. And that was Monday, sixteen December.
Speaker 3: But for the third hearing, for the third hearing?
Speaker 20: Correct, Okay?
Speaker 3: Then what the third time?
Speaker 13: I get into court and the judge says, where's your attorney?
Speaker 13: And again I shrugged my shoulders and said I don't know,
Speaker 13: So the judge had the state Patrol call my attorney.
Speaker 13: The attorney answered and said I'm sorry, I'm on my way.
Speaker 13: Do you still need me? And we're out in the
Speaker 13: hall and the state patrol just needs to go back
Speaker 13: in and tell the judge that he's on his way.
Speaker 13: So I'm sitting there waiting for the attorney. The attorney
Speaker 13: gets there, I show him the documents that I've got
Speaker 13: that he said he couldn't get because he was asking
Speaker 13: city police, not the State Patrol, for the documents. That
Speaker 13: it was a staple issue, so he was looking for
Speaker 13: the documents in the wrong part. He made a big
Speaker 13: apology about not showing and not being prepared and.
Speaker 3: Blah blah blah, right right right then what he.
Speaker 13: Gets there late. I'm waiting with the last case, and
Speaker 13: he said, well, do you feel comfortable testifying? He said, yeah,
Speaker 13: that's no problem. So we get up there. The state
Speaker 13: Patrol presents this case against me. The state Patrol had
Speaker 13: a witness against me. And I get up there and
Speaker 13: I answered the questions of the state patrol.
Speaker 3: Now was this guy in court with you?
Speaker 7: Was he?
Speaker 13: Yes? He got there late, So the judge had the
Speaker 13: state Patrol call him and asked him if he was conning.
Speaker 13: And I didn't know if he was because he hadn't
Speaker 13: showed up twice before, so I said, I don't know.
Speaker 13: So finally, the attorneys on the phone with the state
Speaker 13: patrol in the hall and we decide that the attorney's
Speaker 13: on his way. So I'm waiting in the hall and
Speaker 13: when the attorney gets there, we go over things briefly,
Speaker 13: we go through the whole trial, and as we met
Speaker 13: in the hall, he again apologized and said he can
Speaker 13: get me some of my money back. So we did
Speaker 13: the whole trial, and luckily the judge seen through the
Speaker 13: gaps and the lies that were presented, and in the
Speaker 13: end the judge dismissed my ticket.
Speaker 3: But oh good, I'll had.
Speaker 13: To go through the stress, the extra expense, and no,
Speaker 13: I get it, the possibility of and he was but.
Speaker 4: Let me explain something. No, no, no, no, let me let me
Speaker 4: explain something. You did go through a lot of crap.
Speaker 4: And here's what I think. I'm on your side. But
Speaker 4: those expenses, those court expenses would have been paid anyway.
Speaker 3: You can't charge him for that.
Speaker 4: That would have been part of your bill on top
Speaker 4: of legal fees.
Speaker 3: Okay, it would.
Speaker 13: Have been so, so how didn't discharge any court fees?
Speaker 13: The fees that I paid were one to the attorney
Speaker 13: and two to the State Patrol for the disclosure of
Speaker 13: all the.
Speaker 4: Jam James, James, let me reword it. James, any court
Speaker 4: costs you paid or did not pay, that's fine. But
Speaker 4: then any other document fees like to the state Police,
Speaker 4: you would have had to pay anyway. It's not your
Speaker 4: attorney's fault. If he had paid them, he would have
Speaker 4: billed you for them. It's not your attorney's fault. Not
Speaker 4: that part of it, Okay.
Speaker 3: The fact that you had to do it is BS. Okay,
Speaker 3: that's BS.
Speaker 4: But now what I believe is you owe him fricking
Speaker 4: nothing and he should refund your retainer. And I think
Speaker 4: you should go to the Supreme Court Grievance Committee. Do
Speaker 4: they still call it that, Brad, What do they call it?
Speaker 4: Fee dispute Committee with the Barsosa. You absolutely should get
Speaker 4: your money back in my opinion.
Speaker 13: Well, and that seems more than reasonable and generous to me.
Speaker 13: So what I did, as I said, yes, I thought
Speaker 13: about your offer to refund my money, and what I'm
Speaker 13: willing to do is take half of your three thousand
Speaker 13: dollars feedback, in half of the eight hundred and fifty
Speaker 13: that I paid that you should have paid out of
Speaker 13: the fee, or he.
Speaker 3: Shouldn't have paid it.
Speaker 4: Okay, See, James, James, we're at a disconnect. Okay, let's
Speaker 4: just say, for argument's sake, let's say he did represent
Speaker 4: you adequately and put in the time to earn three thousand.
Speaker 4: Let's just say that, for arguments sake, you would have
Speaker 4: been billed that three thousand on your retainer and the
Speaker 4: eight hundred for evidence you would have been billed that
Speaker 4: he does not owe that to you. I am all
Speaker 4: for trying to get your three grand back. Did you
Speaker 4: get your three grand back?
Speaker 2: No?
Speaker 13: I told him. I told him in a test that yes,
Speaker 13: I considered it, and of the thirty eight hundred on
Speaker 13: into it, that I would be happy to get nineteen
Speaker 13: hundred back. And he has not responded.
Speaker 3: Wait, wait, wait, I don't understand this.
Speaker 4: You only want nineteen hundred back, and he's willing to
Speaker 4: give you the retainer, the entire retainer back.
Speaker 13: Well, he said he was willing, but he has yet
Speaker 13: to do anything.
Speaker 3: Okay, but here's what I don't understand. James.
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Speaker 4: two zero sixteen twenty two. Hey, I'm Tom Martine, your
Speaker 4: troubleshooter dot com. James, listen as I understand it, and
Speaker 4: we don't have to go through I truly was listening
Speaker 4: to each and every word as I understand it. Sir,
Speaker 4: you are you are to me? You should get your
Speaker 4: entire retainer back.
Speaker 3: Now.
Speaker 4: The money you paid for evidence is an expense that
Speaker 4: you would have paid any time. But as I understand it,
Speaker 4: I know he didn't do anything. I know he didn't
Speaker 4: do anything. I know he didn't do anything yet. But
Speaker 4: at first he offered, as I'm understanding this, he offered
Speaker 4: to give the retainer back, and you actually counter offered
Speaker 4: saying you would take even less money.
Speaker 3: Is that right?
Speaker 13: Essentially? Yees? So I paid him three thousand and he offered. Yeah,
Speaker 13: the first time he didn't show, he offered.
Speaker 3: To refund that back.
Speaker 14: That's the third time he didn't show.
Speaker 13: We met in the hall and he again offered to
Speaker 13: pay some.
Speaker 3: Of that brand we need. We need to work on this.
Speaker 4: You should get your three grand back that and there's
Speaker 4: a real easy way to do it. I want you
Speaker 4: to hang on if you could for me, sir, you
Speaker 4: have been totally abused.
Speaker 3: This is bull crap. I'm Tom Martino.
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Speaker 3: News need so you don't have as.
Speaker 1: You can shoot is gonna help?
Speaker 21: Come man, This is.
Speaker 2: The Troubleshooter Show.
Speaker 4: No Tom Martinez Hi, Tom Martino here, I got Brad
Speaker 4: O'Brien with me.
Speaker 3: O'Brien legal services, real estate.
Speaker 9: Love.
Speaker 4: We've been talking a lot about real estate, but anything
Speaker 4: else you want and uh uh, this one thing really
Speaker 4: pissed me off.
Speaker 3: Now.
Speaker 4: Now, now, Brad did say, as an attorney, if you
Speaker 4: can't make hearings, you file continuance. You don't leave it
Speaker 4: to your your your client to show up and not
Speaker 4: know where you are.
Speaker 3: I mean, that's ridiculous, right, And then.
Speaker 4: Brad says, you don't have to pull out the big
Speaker 4: guns right now and go to the Supreme Court Gredienance
Speaker 4: Committee or whatever, the oversight committee or the Bar Association.
Speaker 4: Yet just ask where's my retainer? I want a refund.
Speaker 4: So I'm gonna ask this caller. I mean, this caller
Speaker 4: was done wrong. Okay, if everything he's telling me is true.
Speaker 4: This guy hired an attorney, paid him three and then
Speaker 4: did everything himself, and the judge took mercy on him
Speaker 4: because the attorney stopped showing up, I mean, or not
Speaker 4: stopped never showed up except once, so the charges were dropped,
Speaker 4: thank goodness. So but he's out three grand. Of course,
Speaker 4: he had to pay eight hundred for evidentiary stuff, which
Speaker 4: he would have had to pay anyways, but the three
Speaker 4: grand for legal fees should be totally refunded in my opinion,
Speaker 4: if everything he says is true. So, James, when was
Speaker 4: the last time he asked where's my money?
Speaker 13: So the court day that it was dismissed was sixteen December,
Speaker 13: and right at the beginning of January or late late December,
Speaker 13: I said, yes, I've considered it, and I want nineteen
Speaker 13: hundred back, and he didn't respond, I will.
Speaker 3: Why don't you take the whole three grand back? Why?
Speaker 13: Because because because he did something I'm I'm I don't
Speaker 13: want him to go hungry.
Speaker 4: You're a good man, you're you're a good man, and
Speaker 4: you know what, what? Why the hell does he deserve anything?
Speaker 9: Right?
Speaker 13: I thought nineteen hundred was reasonable, and he hasn't responded.
Speaker 13: That's why I'm calling.
Speaker 3: You, James.
Speaker 4: I want to help you, but I got to ask you.
Speaker 4: This is the first time in history where I think
Speaker 4: the consumer deserves more than he's asking for. Please tell
Speaker 4: me why, Please tell me why you think he deserves
Speaker 4: to keep anything.
Speaker 13: Well, he did show up after the State Patrol called
Speaker 13: him for the actual trial. The last day he showed up,
Speaker 13: and I'm not sure if I was super prepared or
Speaker 13: a combination of him and me and then the judge
Speaker 13: being able to use his discretion dismissed it. So I'm
Speaker 13: not sure exactly how much to credit myself to judge or.
Speaker 3: What a good guy this guy is.
Speaker 13: Well, I thought less than two thousand from my cost
Speaker 13: was reasonable. So I've spent three thousand a year.
Speaker 4: Yeah, but by the way, just just for just for
Speaker 4: grins here when you when you ask for it, I
Speaker 4: wouldn't say I want half of the evidentiary cost.
Speaker 3: I wouldn't say that.
Speaker 4: I would say, I think you know, you might deserve
Speaker 4: a grand for showing up the one day, but I
Speaker 4: want two thousand dollars back. Please don't split it up,
Speaker 4: because I'm going to tell you something. If it goes
Speaker 4: to a hearing with the with the Bar Association, the
Speaker 4: Fee Dispute Committee, you are not going to be awarded
Speaker 4: any part of any kind of cost.
Speaker 3: You will not be awarded.
Speaker 13: Now I understand that, But so I again would feel
Speaker 13: happy if he were funded two thousand or three thousands
Speaker 13: of his feet forget to eight up.
Speaker 4: Okay, let's work on this. Let's work on this, and
Speaker 4: I'm going to ask the sixty four thousand dollars question,
Speaker 4: when was the last time you talked to him?
Speaker 13: I text him last probably a week and a half ago,
Speaker 13: saying I need to know what you're planning to do,
Speaker 13: and if you're not planning to do anything, I probably
Speaker 13: need to reconsider my approach. And he didn't respond to that.
Speaker 13: Say reconsidering of the approach was first ask him according
Speaker 13: to what he offered, and he didn't respond. So now
Speaker 13: my approach, which he still hasn't responded, is to talk
Speaker 13: to you.
Speaker 4: I did call the Now that was not the sixty
Speaker 4: four thousand dollars question. That was the twenty five thousand
Speaker 4: dollars question. Here's the sixty four thousand dollars question. Okay,
Speaker 4: you're ready for it.
Speaker 3: Who is he?
Speaker 13: His name is Connor Stuartson, Connor Stuartson.
Speaker 4: Correct, How did you find him? And is it Stuartson?
Speaker 4: As an s T E W.
Speaker 13: A R T s O n.
Speaker 3: Okay? So it is s T s T E W.
Speaker 13: Got it A R T s O n.
Speaker 3: Okay? Do you find him there?
Speaker 19: Yeah? Go ahead, he's uh, it looks like he's working
Speaker 19: at a at a law firm down in the Springs.
Speaker 4: Okay, And I want to help. And he's not going
Speaker 4: to talk.
Speaker 3: To us because he's going to say, you know all
Speaker 3: of this.
Speaker 4: So you're going to text him a message and let
Speaker 4: him know he can talk to us.
Speaker 3: Oh, none in the Springs.
Speaker 19: I'd like to correct that.
Speaker 3: There he is in the Springs, Denver, Denver, and I
Speaker 3: is Connor? Is he in the Springs?
Speaker 13: He has an office where I initially met him.
Speaker 3: Yes, and he says he represents.
Speaker 4: Go ahead, he represents first degree murder, sex assault on
Speaker 4: a child, agrad robbery, felony, murder, d UI misdemeanors, electric
Speaker 4: share guaranteed.
Speaker 3: No, I'm just kidding.
Speaker 4: This guy is just what a piece of work? What
Speaker 4: a frickin piece of work? WHOA He has a one
Speaker 4: star review?
Speaker 3: Did you know that on this one attorney site?
Speaker 13: Yes? And I think, honestly, this man, well, I'm guessing that.
Speaker 13: I mean honestly, I think he's a good lawyer in
Speaker 13: front of the bench, but as far as logistics and scheduling,
Speaker 13: I think that's where his problem is.
Speaker 4: But I don't know license for eight years. So he's
Speaker 4: a baby lawyer.
Speaker 2: James.
Speaker 19: This is Deputy d I just got a couple of
Speaker 19: really quick questions for you, if i'm may Did you
Speaker 19: and your lawyer ever actually agree on the amount of
Speaker 19: a refund?
Speaker 4: Well?
Speaker 13: He said in a long text that he could get
Speaker 13: me a full refund, and that was after he didn't
Speaker 13: show the second time.
Speaker 3: Did you keep did you wait?
Speaker 4: Did you keep those texts?
Speaker 8: Oh?
Speaker 11: Yeah?
Speaker 13: Oh yeah. He made a five point essay on the
Speaker 13: apology for not showing up.
Speaker 4: Do you know he has a rating on all all
Speaker 4: of the lawyer all of the lawyer sites of one star.
Speaker 19: Well cleared to me that they actually had an agreement,
Speaker 19: okay for a refund, But let.
Speaker 4: Me just stop that right now, because you keep going
Speaker 4: back to that he offered a refund. They didn't have
Speaker 4: an agreement because he came back and said I even
Speaker 4: want less money. It's still totally totally ridiculous that this
Speaker 4: attorney is not addressing it.
Speaker 3: I don't care if they had a contract or an
Speaker 3: agreement or just a discussion.
Speaker 4: The guy has been texting him saying I want my money,
Speaker 4: I want at least this much money, and he's being ghosted.
Speaker 4: What difference does it make if they had an agreement.
Speaker 19: Here's the difference the lawyer offered him a refund before
Speaker 19: the final trial where James was found innocent or had
Speaker 19: a case dismissed. So could it be that the lawyer
Speaker 19: said before the trial, said hey, man, I'll give you
Speaker 19: your three grand back and we go our separate ways.
Speaker 19: And James didn't accept that offer, and the lawyer finally,
Speaker 19: after the cops called him, came to trial.
Speaker 3: Well, it wouldn't matter to me. It wouldn't matter. It
Speaker 3: wouldn't matter.
Speaker 4: What I'm saying is you look at the case in
Speaker 4: its totality, not each in every blow. Look at the
Speaker 4: tot totality. The guy was a clown. Okay, the guy
Speaker 4: gave him some service. In fact, I think this guy
Speaker 4: is being nice James to say I'll take two grand back.
Speaker 4: You can have a thousand for coming the last day.
Speaker 4: Now did he do anything? James is the one who
Speaker 4: gathered the evidence. For God's sakes, this guy came and
Speaker 4: said I couldn't get the evidence. He was asking the
Speaker 4: wrong police department.
Speaker 3: Go ahead, bo games.
Speaker 18: So since this guy has GOHO seeing you not responding
Speaker 18: to text, go directly to his office and knock on
Speaker 18: the doors. The lawyers there and do a personal go
Speaker 18: there personally and ask for the money, but he'd be
Speaker 18: embarrassed and write yad check. Go there personally and then
Speaker 18: maybe if that doesn't work.
Speaker 3: I think you have to put it.
Speaker 4: I think you have to put a I think you
Speaker 4: have to make a formal ask in writing, and then
Speaker 4: then you need to go to the UH. You need
Speaker 4: to go to the Bar Association, the council committee.
Speaker 3: You must the opposite.
Speaker 6: Of attorney regulation.
Speaker 4: No, I just hold on, guys, stop stop giving recommendations
Speaker 4: right now, we're we're giving him too many. The very
Speaker 4: first place he goes, the very first place is the
Speaker 4: Fee Dispute Committee with the Bar Association. He can put
Speaker 4: in attorney complaints. After that, we want to get his
Speaker 4: money back. That's it, okay. The other place he's not
Speaker 4: going to get his money back. They're going to file
Speaker 4: a complaint and do an investigation and it will take
Speaker 4: months and months and may not even do an investigation.
Speaker 4: So right now, I want him to write a formal
Speaker 4: request for his money back saying he didn't get quality representation,
Speaker 4: and make it brief, and then you file a complaint,
Speaker 4: a formal complaint with the Bar Association Fee Dispute Committee.
Speaker 20: CORL that's it.
Speaker 13: I'm fully willing to do that. I'm patient enough to
Speaker 13: do that. But I hope that he gets win. That
Speaker 13: we discussed this and he considers it not worth the
Speaker 13: hassle and simply pays two thousand. I'll make a request
Speaker 13: of two thousand to his office in writing, and if
Speaker 13: somebody's there, I'll get a time stamp copy of it.
Speaker 13: So I know that.
Speaker 4: And here's what I want to ask, not that I
Speaker 4: think it matters, but Deputy D had a point I
Speaker 4: want to address, not anything about agreements beforehand, but after
Speaker 4: you so called won your case, did he say to
Speaker 4: you congratulations I knew I could do it, or any
Speaker 4: indication that he felt proud of himself, because I think
Speaker 4: that's what you're getting at that he might think.
Speaker 3: He might think, now, hey, I did a good job.
Speaker 4: Yes.
Speaker 13: As we met in the hall when he showed up late,
Speaker 13: we were talking and then again he offered some of
Speaker 13: my feedback, and then after it was dismissed, I said
Speaker 13: thank you, and also he noted that well, something to
Speaker 13: the effected, I'm good and I haven't lost the case.
Speaker 4: Okay, So he was patting himself on the backs as
Speaker 4: D's got good instincts. So even though he may have said,
Speaker 4: I'm going to give your money back, blah blah blah,
Speaker 4: he may have thought, you know what, now it's a
Speaker 4: whole new ballgame.
Speaker 3: It's a whole new ball game. I won.
Speaker 4: Well, let me ask you something, just between you and me,
Speaker 4: I want to ask you something. During that third hearing,
Speaker 4: that third and five final hearing, when it was dismissed.
Speaker 3: Did he put up a good defense?
Speaker 8: Was?
Speaker 3: Was he? Was he good?
Speaker 13: You know, I have to admit that I think he
Speaker 13: made them all his objections were sustained.
Speaker 3: Okay, he won?
Speaker 13: Well, yes he did one.
Speaker 10: You know, well, to wait, there is a twice's point
Speaker 10: where he's going though. Just think about it. You just
Speaker 10: said to the objections. You would have never have known
Speaker 10: to do that. You might not have won that by yourself.
Speaker 10: And really, D is the one deputy.
Speaker 4: D is the one that brought up the ultimate end result.
Speaker 4: And I wasn't thinking of that because I don't want
Speaker 4: to couple it with any previous agreements. But now he
Speaker 4: might think, Okay, I really screwed up right up until
Speaker 4: this point, but ultimately I won.
Speaker 3: So I did earn the three grand.
Speaker 13: No, because in the hall prior to going into the courtroom,
Speaker 13: he again offered. After he was there to represent me,
Speaker 13: he again offered to reimburse some of my feet regard.
Speaker 3: Now I get it, I get it again.
Speaker 4: I do believe in my personal opinion that yeah, he
Speaker 4: probably in my opinion that you know, he owes you
Speaker 4: some something in my opinion, but he may think even
Speaker 4: though I screwed up, I ultimately vindicated myself. And I
Speaker 4: think de that was the point you were making more
Speaker 4: so than they had an agreement. I mean, I think
Speaker 4: that he believes that day was a whole new ball game.
Speaker 3: Yeah, I think that.
Speaker 19: What I've heard is both of these offers of refund
Speaker 19: that mister Stewartson had made to the caller occurred before
Speaker 19: the final trial, and I'm wondering if.
Speaker 3: Those offers were contention on if they were.
Speaker 19: Contingent on them just going their separate ways.
Speaker 3: By the way, when he.
Speaker 4: Did I'll give your money back and you can get
Speaker 4: another attorney, did he say something like that.
Speaker 13: On the first text when he made a five point
Speaker 13: essay with his apologies and offered a full refund, he
Speaker 13: offered a refund. And then when he didn't show up
Speaker 13: to the actual trial, and I waited for him in
Speaker 13: the hall and showed him what I had from the
Speaker 13: State Patrol. He again there prior to the judge, offered
Speaker 13: some of my feedback.
Speaker 10: You know, I'd like to know he I'd like to
Speaker 10: know what Bradley thinks, just simply not not on you know,
Speaker 10: guilt or innocence or anything like that, but you know,
Speaker 10: based upon everything you heard. You're an attorney, what do
Speaker 10: you think?
Speaker 4: Okay, I want to take I got to take a break,
Speaker 4: Dragon said, So we'll come back to that, and then
Speaker 4: I'm going to take Keaton, who has an issue with
Speaker 4: an orthodontics place that used to advertise with us, and
Speaker 4: we'll talk about that and more coming up on the
Speaker 4: Troubleshooter Show three ZO three one three talk Frank durand
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Speaker 4: oh three nine two zero sixteen twenty two. I like
Speaker 4: with a little sense, Hi, Tom Martina here tho three
Speaker 4: seven one three talk seven one three eight two five
Speaker 4: five So okay, so so far. Now we're gonna going
Speaker 4: back to James because he's gonna go do a formal
Speaker 4: request of the attorney and then put in uh hearing
Speaker 4: with the Supreme Heart Grievance Committee. But then when we
Speaker 4: assign somebody to work with him, who wants this? Uh
Speaker 4: if he comes back to us body, Dmitrie, what do
Speaker 4: you think? Yeah, Dmitri could yeah uh he he uh
Speaker 4: he certainly had a lot to say about it. But
Speaker 4: well we'll do that now. Keaton, Keaton is calling about
Speaker 4: neo ORTHODONICX. I believe that's what he's calling about. Neo now,
Speaker 4: neo ORTHODONYX. I love the concept and and my both
Speaker 4: of my children have gone through it with is it,
Speaker 4: doctor Ken Lawson?
Speaker 3: Is that who you use?
Speaker 4: Keaton? Yes, sir, okay, I'll explain how it works with
Speaker 4: my kids.
Speaker 3: You know what they believe in.
Speaker 4: They believe in doing I don't know how they do it,
Speaker 4: but they do a long process rather than trying to
Speaker 4: jam all the teeth with these harsh braces, and they
Speaker 4: do incredible work. And it's a flat monthly FIA month
Speaker 4: until you're done. And both of my children had wonderful results.
Speaker 4: So I just want you to know.
Speaker 3: That going in, I'm not automatically sicken up for them.
Speaker 3: I'm just telling you my experience.
Speaker 4: So, Keaton, what happened with you?
Speaker 22: So we actually use them too because you had such
Speaker 22: great luck, and so we use them for our oldest
Speaker 22: child and had really great, amazing results. And so we
Speaker 22: ended up referring to some of our good friends to them,
Speaker 22: and they've been doing the same exact process and haven't
Speaker 22: really hurt anything. And so they showed up to their
Speaker 22: doctor's appointment today and the building is shut down, and
Speaker 22: they said, there's nothing in the office. What and so no,
Speaker 22: two offices. They went to both offices and both offices
Speaker 22: appear to be completely empty, and they actually just read
Speaker 22: withdrew out of their account yesterday for their appointment to today.
Speaker 4: But they well that that's automated. I'm sure, I'm sure
Speaker 4: they're I'm sure they're not meant to. You know, he
Speaker 4: would never cheat anyone, but I'm concerned about him.
Speaker 8: Mm hmmm.
Speaker 3: Now he was getting he was getting up there in age.
Speaker 4: I mean, you know, I mean, I'm not saying that
Speaker 4: as a bad thing because I think he was a
Speaker 4: little older than me.
Speaker 3: And uh, I know he.
Speaker 4: Had a few you know, it's it's just a few
Speaker 4: health issues here and there. God, I hope everything's Did
Speaker 4: they answer their phones?
Speaker 7: No?
Speaker 22: So I actually tried calling myself as well today and
Speaker 22: I wasn't able to get hold of either one of
Speaker 22: the offices. It just want one just continued to ring
Speaker 22: through their lo entry and then the Love and Office
Speaker 22: actually have an answry machine and it said that it
Speaker 22: would get back to you.
Speaker 3: Mark. Do we have Did Mark step away? Did he
Speaker 3: come back? Now, I'm here, I'm wondering if we say,
Speaker 3: do we have in our go ahead? Sir?
Speaker 10: Okay, Well, first of all, can I interject here and
Speaker 10: just put this into a real perspective. You ready, they're
Speaker 10: in chapter eleven. They're in bankruptcy. It's been filed, so
Speaker 10: it is what it is right now?
Speaker 3: How do you know that? Mark? How do you know that?
Speaker 3: Because I'm reading it? Okay, where'd you find it?
Speaker 10: He told the employees that, well, okay, just google neo
Speaker 10: orthodonics bankruptcy.
Speaker 4: Okay, man, Well good, I'm at least we're getting you final.
Speaker 10: Well, he filed for chapter Listen, he filed for chapter eleven,
Speaker 10: which is a business restructure. My guess is he had
Speaker 10: a lot of debt that he ow personally too. Maybe uh,
Speaker 10: you know, guarantees converted to chapter seven. Then it converted
Speaker 10: to seven, and he told employees that he couldn't pay
Speaker 10: them because he was bankrupt. Okay, Now the problem is
Speaker 10: they can't be taking money each month.
Speaker 3: That's a little insane. No, no, of course not.
Speaker 4: And I'm sure, first of all, the trustee won't allow
Speaker 4: that to happen, and it'd be actually filed, so that's
Speaker 4: not going to be difficult, and and doctor Lawson wouldn't
Speaker 4: do it intentionally. That is really here, here's you know
Speaker 4: what your credit card company should be able to get
Speaker 4: that back for you.
Speaker 10: But you know, other than that, there's nothing you're going
Speaker 10: to do. When he's under Chapter eleven or Chapter seven,
Speaker 10: the trustee is going to reach out to you with options.
Speaker 3: But if he can't pay his employees.
Speaker 10: I'll tell you right now, those employees in the IRS
Speaker 10: and secure debt, there's all kinds of things that are
Speaker 10: going to come way before you.
Speaker 3: Yeah.
Speaker 22: Yeah, Well, she admitted that I know another individual outside
Speaker 22: of outside I guess waiting for their appointment too, or
Speaker 22: showing up for their appointment, and that that gal had
Speaker 22: explained to her that they had already paid twelve thousand
Speaker 22: dollars in advance.
Speaker 9: Is that so?
Speaker 4: Yeah? And again that'll be part of the hold on,
Speaker 4: that'll be part of the that'll be part of the restructuring.
Speaker 4: But unfortunately, unfortunately, it could end up that people are
Speaker 4: going to lose money. Now, Mark, how long ago did
Speaker 4: did we? I mean, we didn't part ways for anything
Speaker 4: like that. Now, it was pre it was pre COVID.
Speaker 4: If I had to guess because of the nature way
Speaker 4: way before that, way before that.
Speaker 10: Well, the reason I bring that up I think, I think,
Speaker 10: what not just the nail in the coffin. I think
Speaker 10: the hole was dug, the coffin was built, and the
Speaker 10: nail was put in it because of COVID.
Speaker 3: But man system.
Speaker 4: You know what's really weird is he kind of developed
Speaker 4: this system. And I wish somebody would it's worth something,
Speaker 4: you know what I'm saying. I just I would hate
Speaker 4: to see the technology just go out the window.
Speaker 10: But to go back to the caller though, if there was,
Speaker 10: like if there's any fraud, that's different. I don't see
Speaker 10: that happening because I knew this doctor. But there's going
Speaker 10: to be so many people in line. Really, the secure
Speaker 10: debtors are going to be number one. The irs is
Speaker 10: going to be number two if he owes either payroll taxes,
Speaker 10: which he probably does, and you're just so far down
Speaker 10: the line. It's crazy, and I know people hate to
Speaker 10: hear that. But now this guy didn't lose anything. His
Speaker 10: friend did. How much did he pull out of the account.
Speaker 22: I think there's their monthly bill. I think it was
Speaker 22: like one hundred and fifty or something like that.
Speaker 3: It wasn't really what they better do. They better shut
Speaker 3: that down. Now.
Speaker 4: Listen, here's the problem. If they originated it on his website,
Speaker 4: not going to be able to shut it down, and
Speaker 4: it might be doing it automatically. You got they got
Speaker 4: to take action to shut it down.
Speaker 10: I would I would reach out to I'd figure out
Speaker 10: who the trustee is and have that person reach out
Speaker 10: and go, hey, you know you're the trustee on this account.
Speaker 3: This guy's still taking money from me.
Speaker 4: Okay, yeah, yeah, you know what, I'd like to get
Speaker 4: Mike wink On just to ask him in general about
Speaker 4: stuff like that.
Speaker 10: You know what, he can pull up Mike can actually
Speaker 10: pull up the file and read it too.
Speaker 3: That'd be nice. So, Kachina, let's get Mike wink On. Keaton.
Speaker 4: You can hang out and listen, or you can hang
Speaker 4: up and listen. We'll talk about it in general. But Keaton,
Speaker 4: as I understand it, your case was was gone, was
Speaker 4: done right, you're you're all your daughter, I know it.
Speaker 22: It's and they were thinking about pulling four or five
Speaker 22: pep to make room, and so this was such a
Speaker 22: much better idea and it worked, and it works fantastic, and.
Speaker 14: You liked that.
Speaker 4: So my daughter never My daughter never spent a day embraces,
Speaker 4: and my son had to have some braces, but way
Speaker 4: less because they.
Speaker 3: Do that system of mouth things.
Speaker 4: Man, It's just it's like I said, I would hate
Speaker 4: to see this technology die if the business model, you know,
Speaker 4: if it was just for the business part of it.
Speaker 7: Yeah.
Speaker 4: Anyway, gosh, I'm sorry to hear that. So we're gonna
Speaker 4: get I want to get Mike wink On in general
Speaker 4: to talk about this. Three oh three seven one three
Speaker 4: talks seven one three A two five five. Go with
Speaker 4: a sure thing Denver's best roofer Excel Roofing dot com.
Speaker 4: You don't pay a cent until you're content. Time for
Speaker 4: an insurance check up free, no obligation. In comparison, call
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Speaker 4: insurance companies find out now three oh three seven seven
Speaker 4: to one help. You'll think you're his only customer when
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Speaker 4: to list your home with Remax Alliance three oh three
Speaker 4: nine two zero sixteen twenty two plus.
Speaker 3: Miss new Lighting. We really trust, I mean, I think
Speaker 3: to be trained to lighting. He's easy.
Speaker 10: Three oh three Martino don't forget that number works on
Speaker 10: and off the air.
Speaker 3: Am I on the air or off? Yes, sir, maybe
Speaker 3: I'm not on the air anymore. Hello, definitely on the air.
Speaker 6: Sh anyhow?
Speaker 3: Three oh three seven one three eight two s here.
Speaker 3: I am sorry. It was my fault. I'm sorry, man,
Speaker 3: I had my earpiece off. I was blaming Dragon this
Speaker 3: whole time.
Speaker 4: Tom, totally, you can d You can blame me and
Speaker 4: call me any names you want.
Speaker 10: I still think it was dragonway no matter what you say.
Speaker 3: Mike Wink is with us. Hey, Mike, this is always.
Speaker 4: Unfortunate when a bankruptcy happens with a business and we
Speaker 4: have a chapter. We have a chapter eleven. Can you
Speaker 4: explain and then it turns seven. Explain what an eleven
Speaker 4: is with a business and is it available only to businesses?
Speaker 4: This is Mike Wink who is a bankruptcy attorney and expert.
Speaker 9: Go ahead, Mike, Yeah, Tom.
Speaker 12: Chapter eleven is essentially what's fined as a reorganization and
Speaker 12: it is not only available.
Speaker 9: To businesses, but it is available to businesses and people
Speaker 9: who the majority of their debt is business debt, and
Speaker 9: it basically can enable the business or the individual to
Speaker 9: restructure debt to be repaid under different terms that may
Speaker 9: be more favorable to the debtor.
Speaker 4: And do they end up usually paying one hundred percent
Speaker 4: on the dollar or are they relieved of any.
Speaker 9: They're usually relieved right that.
Speaker 12: Essentially, creditors get classified based on their rights, so you
Speaker 12: have like secured creditors and sometimes even shareholders get get
Speaker 12: involved and then unsecured creditors and so typically the unsecured
Speaker 12: creditors are taking less than is owed or maybe getting nothing,
Speaker 12: depending on the facts and circumstances.
Speaker 4: So do business you know, I actually don't know this
Speaker 4: and I should do. Businesses they usually don't come out
Speaker 4: of it. Is that true or not true? Or is
Speaker 4: it a last ditch effort or do people ever? Do
Speaker 4: businesses ever come out of it and do well?
Speaker 9: Absolutely, businesses do.
Speaker 12: And there's some high profile cases of you know, big
Speaker 12: businesses like United that have come out of bankruptcy in
Speaker 12: very good shape.
Speaker 9: But it is a much higher.
Speaker 12: Risk bankruptcy than any type of consumer bankruptcy.
Speaker 9: And one of the big.
Speaker 12: Risks is that a lot of times the business has
Speaker 12: a very rosy view of the future and a payment plan,
Speaker 12: a reorganization plan gets set up based upon.
Speaker 9: That rosy view, and so we're going to pay these
Speaker 9: secured creditors and this and that, and then they can't
Speaker 9: meet those payments and the case either gets dismithed or
Speaker 9: it maybe it sounds like in this case converted to
Speaker 9: chapters help.
Speaker 4: Yeah, that's what I read about neo orthodontics. By the way,
Speaker 4: doctor Lawson, what a great technology. I can't speak to
Speaker 4: his business, you know, but my kids went through it.
Speaker 3: I know numerous people that went through it.
Speaker 4: Anyway, when it's converted to a seven, what does that
Speaker 4: usually signal.
Speaker 23: Well, it's it's usually not a good thing for the
Speaker 23: debtor because typically in those situations there's assets that the
Speaker 23: creditors would be entitled to liquidate. The fundamental press of
Speaker 23: a chapter eleven is, hey, everybody, you're going to do
Speaker 23: better if you let us have the keep these assets,
Speaker 23: make money and repay you over time, say five years,
Speaker 23: then you would be if you came in and took
Speaker 23: everything right. In other words, some is work.
Speaker 3: Who makes the choice to convert? Who makes the choice to.
Speaker 9: Convert the Typically it's it's creditors, they're not on board
Speaker 9: with the plan.
Speaker 8: It could it could.
Speaker 23: I think it also could come from the trustee of
Speaker 23: the court, depending on if the plan is being at
Speaker 23: the plant at the terms of the plan aren't being
Speaker 23: met by the debtor and.
Speaker 10: Tom the plan comes down to To get the initial
Speaker 10: plan through, it basically comes down to a vote of the.
Speaker 12: Creditors correct correct. Typically the votes are classified by the
Speaker 12: by the classes of.
Speaker 4: The Mike, Mike, I can think, I can't think of
Speaker 4: many assets. This is not a regular dental office. I mean,
Speaker 4: this is their system is so sparse. In fact, how
Speaker 4: it works, it's a wonderful system, But I can't think
Speaker 4: you know of a lot of assets that would be there,
Speaker 4: you know, I mean offices, And they would rather.
Speaker 9: Dismiss the case.
Speaker 12: But conversion is driven by someone's perception. Some creditors trust
Speaker 12: the court's perception that the assets are worth more than
Speaker 12: the plan, and they'd rather just huh.
Speaker 3: And could part of that asset?
Speaker 4: Here's what I want to know, his technology, which I
Speaker 4: believe he developed. Could that be in itself intellectual property
Speaker 4: worth something to a bankruptcy court.
Speaker 12: Absolutely it could, you know, bankruptcy court bankruptcy trustees are
Speaker 12: not the best liquidating things like that, and so even
Speaker 12: if it has value, it can be difficult to sell.
Speaker 12: But you know, if it's that good, absolutely it could
Speaker 12: be an asset.
Speaker 10: Doesn't that mean though he would have to have a
Speaker 10: patent on it? I mean just because you're good at
Speaker 10: you know, I.
Speaker 4: Really no mark to the extent. Yeah, I don't know
Speaker 4: the extent of his technology. I know, you know he
Speaker 4: borrowed here, borrowed there, But I think he really developed
Speaker 4: this new early orthodontics. Ah, it's such a shame. And Mike,
Speaker 4: if you can hang on, I have a few more questions.
Speaker 4: If so, because people that run up against this. I
Speaker 4: just want to talk about priorities. And then Laurie, we
Speaker 4: can take you too. I'm Tom Martine. Go with a
Speaker 4: sure thing Denver's best roofer Excel Roofing dot com. You
Speaker 4: don't pay a cent until you're content. Time for an
Speaker 4: insurance check up free, no obligation. In comparison, call Compass
Speaker 4: insurance paying too much your coverage at dozens of insurance
Speaker 4: companies find out now three O three, seven to seven
Speaker 4: to one help. You'll think you're his only customer when
Speaker 4: you choose Frank durand the real estate Man dot com
Speaker 4: to list your home with Remax Alliance three oh three
Speaker 4: nine two zero sixteen twenty two TI Tom Martine Your
Speaker 4: Troubleshooter three oh three seven one three talk three oh
Speaker 4: three seven one three eight two five five again Mike
Speaker 4: Wink from Wink and Wink Mike when in priority? How
Speaker 4: do they set priority for liquidation and payouts? And what
Speaker 4: would happen if payments were automatically drafted? Because he worked
Speaker 4: on a monthly basis where he would draw a flat.
Speaker 3: Monthly fee from your account.
Speaker 4: And I'm sure this wasn't done intentionally, But after the
Speaker 4: filing and they closed, some people are still getting tapped.
Speaker 4: Will the trustee get I mean, how do how would
Speaker 4: they work? First those of media payments do they go
Speaker 4: into the hopper and they have to wait for everyone? Now?
Speaker 12: Well, so secure creditors are basically first in priority, so
Speaker 12: they have a lean.
Speaker 9: Those assets are going with secure creditors.
Speaker 4: But even if money was just taken out, in other words,
Speaker 4: if my ach payment for service was just taken out,
Speaker 4: is that different or is that still going to the big.
Speaker 9: Hopper you talk about taken out prior to filing bankruptcy
Speaker 9: or after no.
Speaker 4: After they closed the payment was just taken out after.
Speaker 9: I see if it reaches a threshold.
Speaker 12: Of seventy five hundred I think, and then in the
Speaker 12: ninety days before filing bank.
Speaker 9: Payment, in which case the trustee can recover it.
Speaker 3: Now there's others okay involved with prep. Hey, Mike, try
Speaker 3: to stay on with us. Okay, I'm so alry, Michael.
Speaker 4: We'll call you back. And for blasting that music, that
Speaker 4: was really a good touch. We got more coming up
Speaker 4: on the Troubleshooter Shows. Go with a sure thing Denver's
Speaker 4: Best roofer Excel Roofing dot com.
Speaker 3: You don't pay a cent until you're content.
Speaker 4: Time for an insurance check up free, no obligation comparison
Speaker 4: call Compass Insurance. Pay too much your coverage at dozens
Speaker 4: of insurance companies find out now three oh three seven
Speaker 4: seven to one help. You'll think you're his only customer
Speaker 4: when you choose Frank durand the real estate Man dot
Speaker 4: com to list your home with Remax Alliance three oh
Speaker 4: three nine two zero sixteen twenty two.
Speaker 1: Yeah, ripped.
Speaker 14: News.
Speaker 8: So you don't have to.
Speaker 1: Run as fast as we can. Shooter's gonna help.
Speaker 8: Come man, this is.
Speaker 2: The Troubleshooter Show. No Tom Martino, Hi.
Speaker 3: Tom Martino.
Speaker 4: Here Welcome to the show, solving problems, answering questions, taking complainants.
Speaker 4: Let's go to the funds. It's been a very busy
Speaker 4: day and we love that. We love answering questions and
Speaker 4: taking care of problems for people.
Speaker 3: One and all.
Speaker 4: We have our expert on Mike Wink because something happened recently. Neo,
Speaker 4: a new early orthodontics which is Neo ne EO I guess,
Speaker 4: filed for chapter eleven bankruptcy and then chapter seven and
Speaker 4: they used to advertise with us, and so people called us.
Speaker 4: My children also went through the program, which is excellent technology.
Speaker 3: You know.
Speaker 4: He would charge a flat monthly fee and then they
Speaker 4: did a system of mouth things that would change teeth
Speaker 4: and alter them dramatically without heavy bracing. Sometimes you needed
Speaker 4: embrace us here and there, but it was just it
Speaker 4: was drama. Add and my one daughter here and my
Speaker 4: only daughter, Delci, went through never had a day embraces
Speaker 4: and her teeth went perfectly. My son, on the other hand,
Speaker 4: had some bracing, but way less than normal.
Speaker 3: It's just a good system.
Speaker 4: But hey, there was a bankruptcy then now it's turned
Speaker 4: to a chapter seven, which means liquidation.
Speaker 3: Some of these.
Speaker 4: Accounts were tapped on their monthly payment after the filing
Speaker 4: and after they closed. And I asked, Mike, if so,
Speaker 4: if you pay a payment to someone right after they
Speaker 4: filed and right after they closed, and they either inadvertently
Speaker 4: or intentionally pulled payments from you, Mike, do those payments
Speaker 4: get put into the bankruptcy estate and.
Speaker 3: Distributed like to secure creditors.
Speaker 4: First and all of that, or would those recent payments
Speaker 4: be sent back to the people immediately.
Speaker 12: It depends on how the Chapter eleven was structured. So
Speaker 12: typically when an eleven is filed, there's a bunch of
Speaker 12: what they call first they motions that are filed to
Speaker 12: give the debtor, to give whoever runs the business permission
Speaker 12: to kind of control things. And part of that will
Speaker 12: set out like this is a this is who we're
Speaker 12: allowed to pay, you know, this is who we're going
Speaker 12: to pay all that kind of stuff, and if it's approved,
Speaker 12: then that money is not going to be and and
Speaker 12: the payments were in line with the services provided, meaning
Speaker 12: you know, if it's your AH, for example, right like
Speaker 12: you need your AH, it's it's a critical so called
Speaker 12: critical vendor, they're not going to recover the payments that
Speaker 12: you made dear ah either before after as long as
Speaker 12: they were in the ordinary course of business and there
Speaker 12: was no kind of money business going on where you
Speaker 12: you know, forked a bunch of money over to.
Speaker 4: So what about a pay What about a consumer who
Speaker 4: paid for services? They're never going to get all So
Speaker 4: they're a creditor, right, So that's different.
Speaker 9: And so they're paying the business as opposed to the
Speaker 9: business paying someone else.
Speaker 3: Is that you're right? That's right?
Speaker 9: Yeah, yeah, yeah, So they're a creditor and they're going
Speaker 9: to be in line to get a distribution if they're
Speaker 9: enough there. But there's gonna be.
Speaker 4: So in other words, even though it just happened, even
Speaker 4: though it just happened, I have to go through that
Speaker 4: whole rigamarole.
Speaker 3: Now I can't simply get it back.
Speaker 9: Correct, correct, you have to go home?
Speaker 12: Ok? Absolutely?
Speaker 9: Yeah?
Speaker 3: And what is the priority in a bankruptcy?
Speaker 12: Well, so, for example, a common one for business is
Speaker 12: that much about what the dominics but would be like
Speaker 12: sales taxes.
Speaker 9: My sales taxes are going to get paid before others.
Speaker 12: And then certain employees up to a certain amount of
Speaker 12: payroll are also going to get paid before, say the
Speaker 12: customer is going to get their money back, okay.
Speaker 3: And taxes they're right up there, right, yes.
Speaker 9: Payroll sales taxes, payroll taxes, definitely.
Speaker 3: Okay. Is there is no winner here ever? Right? I
Speaker 3: mean it's unfortunately the.
Speaker 9: Way it sounds like it's failed. Yeah, it's it's not.
Speaker 9: It's usually that's not a good situation. Yeah, yeah, okay.
Speaker 9: Why well, as a bankruptcy attorney, you really want to
Speaker 9: bet the viability of the business before you, you know,
Speaker 9: push it into an eleven, because there's a lot of
Speaker 9: risks there, a lot of risk of a train wreck.
Speaker 3: Yeah.
Speaker 4: Yeah, so that's probably why I went to a seven.
Speaker 3: Correct And okay, all right, well, thank you very much, Mike.
Speaker 3: There's not much more. Did you look up this particular case?
Speaker 9: I have not, no, but you just gave me the names.
Speaker 3: Okay, yeah, but it.
Speaker 4: Is it is public record if people want to look
Speaker 4: it up, right, correct?
Speaker 19: Correct?
Speaker 3: How do they look up a bankruptcy case?
Speaker 20: You know, as a as a layperson, I'm not sure
Speaker 20: I think you could call the bankruptcy court and order
Speaker 20: the documents. I don't think you get access to online,
Speaker 20: which I have as an attorney, So I suppose another
Speaker 20: thing you do would be to call us and we can.
Speaker 9: Look it up for you.
Speaker 6: I have recent experience with that.
Speaker 19: I had to look somebody up who had filed bankruptcy
Speaker 19: at the Federal Court at Denver, and I did it
Speaker 19: two ways. First of all, you can just show up
Speaker 19: there in person and they have a little computer room
Speaker 19: and you can look up the case and make prints
Speaker 19: and make printouts, and they charge your ten cents a page.
Speaker 3: Okay, and they help you look it up.
Speaker 19: Yeah, they show you how to do it, and then
Speaker 19: you use one of the terminals and then you can
Speaker 19: print whatever documents.
Speaker 3: But every filing is in there.
Speaker 19: It's it's the BASER system, and every filing is in there,
Speaker 19: and you hit print and then the ladies sell you
Speaker 19: your printouts for ten cents a page.
Speaker 3: And that's thank you. Mike Wink Law Firm dot com.
Speaker 4: For Mike, it's seven to zero five to two three
Speaker 4: zero six two zero. That's seven two zero five two
Speaker 4: three zero six two zero Wink Law Firm dot Com. Hey, Mike,
Speaker 4: has there been an uptick in bankruptcies over the past year?
Speaker 9: Yeah, definitely, definitely, we're seeing more. Yes, Yeah, there has been.
Speaker 9: I think COVID created a kind of delayed, delayed reaction.
Speaker 12: I think, you know, all the stimulus sort of put
Speaker 12: off days.
Speaker 9: Of reckoning which are coming do now. So we're seeing
Speaker 9: a lot of small business failures similar to what we're
Speaker 9: talking about here.
Speaker 12: That's driving a lot a lot of people are getting
Speaker 12: sued more foreclosure activity all across the board.
Speaker 9: I think we're seeing our business tick up.
Speaker 3: Okay. And you think it all started with COVID and
Speaker 3: then grew from there.
Speaker 9: I think so. I mean, I think that you know,
Speaker 9: it just created a lot of hardship that was put
Speaker 9: off because of stimul lissen things. Yeah, that's not a
Speaker 9: criticism of just the reality of it.
Speaker 3: And yeah, no, I get it, I get it.
Speaker 7: Yeah.
Speaker 13: Yeah.
Speaker 9: And so now your business went through a hard time
Speaker 9: and you borrowed money to get through it, but you're
Speaker 9: not necessarily a position to pay that pour of money
Speaker 9: that you probably couldn't have paid before. You know, all
Speaker 9: I did was get you through. It's not like it
Speaker 9: helped you grow your business or something.
Speaker 4: Thank you very much, Mike. I We'll see you around, man.
Speaker 4: We'll call you again when we need some help. Thank
Speaker 4: you very much.
Speaker 3: All right, Laurie, what's going on? Laurie?
Speaker 2: Yes, yes, what's happening?
Speaker 18: Hello?
Speaker 21: Yes, Lourie, Hi, Hi, thank you Tom. Last Thursday I
Speaker 21: had made an appointment at Groove Forward to have my
Speaker 21: car looked at because my engine sail light had come on.
Speaker 21: I've made an appointment for one o'clock on Wednesday. Seeing
Speaker 21: eight brought my car. They're in a timely manner. They
Speaker 21: took the keys, they took the car. They didn't give
Speaker 21: me anything to sign. They didn't give me anything for
Speaker 21: receipt of my car, which I thought was peculiar. I said,
Speaker 21: don't I get anything. Isn't there any paperwork? And he said, no,
Speaker 21: that's our protocol. We'll call you in three to five
Speaker 21: days to let you know what's wrong. So I really
Speaker 21: would just like to have you know. The check engine
Speaker 21: light come on. So I had lost my air tag
Speaker 21: for my keys, and in doing that I called back
Speaker 21: and he said he would look and then Thursday, so Thursday,
Speaker 21: the night I won't say Brian Eric is his name anyway,
Speaker 21: he called me and he said, we didn't find your
Speaker 21: air tag, but the all wheel drive system needs to
Speaker 21: be serviced on your cars and it's not covered by
Speaker 21: Ford warranty. And I said, well, I don't have a
Speaker 21: Ford Will warranty, and I have an aftermarket service warranty
Speaker 21: and I have I don't have an all will drive car.
Speaker 21: And he was used, and he said, well, it doesn't matter.
Speaker 21: Before I said I don't have all over another drive card.
Speaker 21: He said, it doesn't matter, it's not covered under Ford warranty. Anyway,
Speaker 21: I said, but I don't have an all wheel direct car.
Speaker 21: And so then he was confused. So I must have
Speaker 21: you mixed up with someone else. I'm like, okay, so
Speaker 21: you're going to let me know when I hear about
Speaker 21: you know, when you know what's going on. So I
Speaker 21: started calling for a Thursday.
Speaker 3: What kind of a car do you have? What kind
Speaker 3: of a car do you have?
Speaker 21: Twenty eighteen board escape?
Speaker 3: Okay, got it? Keep going, yeah, okay, sure.
Speaker 21: And so on a Thursday call to just check in,
Speaker 21: and then I got a text message that said this
Speaker 21: is how we prefer you deal with us. So I responded,
Speaker 21: I did call in, but then I got a text
Speaker 21: message and said that this is the preferred method of contact.
Speaker 21: So Monday, no, we don't have anything.
Speaker 4: Tuesday we have a right listen wait wait, wait, wait wait,
Speaker 4: I don't want to go through every day.
Speaker 3: Can you just bring us up today today?
Speaker 13: Okay?
Speaker 21: So today is the first day I've done anything. So
Speaker 21: it's a ninth day. They've had the car for three
Speaker 21: or five days, is what I was told. Ninth day,
Speaker 21: got it?
Speaker 13: Okay?
Speaker 21: I follow their link and it tells me thirteen items
Speaker 21: our problem.
Speaker 20: Okay.
Speaker 21: So then I say okay, and I'm looking at this link,
Speaker 21: and then he calls while I'm reviewing this document that
Speaker 21: they had sent me by a text, and then they
Speaker 21: followed up by sending the exact same document via email.
Speaker 21: And I said, okay, so let's get down the list
Speaker 21: in order. And he said, well, that's not the order
Speaker 21: I have. I said, well, this is a documentary. Your
Speaker 21: a fen with me.
Speaker 11: I mean, it's.
Speaker 3: Okay, where does it stand right now?
Speaker 21: Fifty seventy dollars and and yeah, it was the the
Speaker 21: check engine Life.
Speaker 3: Now did they already do the work? Did they already
Speaker 3: do the work?
Speaker 18: No?
Speaker 3: No, they did not.
Speaker 4: And they're recommending hold on, hold on, They're recommending eight
Speaker 4: thousand dollars in work.
Speaker 21: Yes, they have thirteen items that they say need to
Speaker 21: be worked on, none of which that I can tell
Speaker 21: are the check engine life. Because they said the Bread
Speaker 21: and Check Engine Life came on.
Speaker 20: It is because they're.
Speaker 3: Okay, rodent, how many items does eight grand represent thirteen items? Thirteen? Okay?
Speaker 3: Now what are those items right.
Speaker 21: Front?
Speaker 13: Break?
Speaker 21: Breake flush. I don't have it in front of me.
Speaker 21: I'm trying to give it in front of me so
Speaker 21: I can read it to you.
Speaker 15: I can you get.
Speaker 3: It in front of you.
Speaker 4: I'll come right back to you. It's important. Get it
Speaker 4: in front of you. Three h three seven one three
Speaker 4: talks seven one three eight two five five. Let's get
Speaker 4: Kevin Caulkin on if we can for this three oh
Speaker 4: three seven to one three A two five five. As
Speaker 4: I said, we have more coming up on the Troubleshooter Show.
Speaker 4: Dan McKenzie can help you with a will within a state,
Speaker 4: with a state planning, or anything in between.
Speaker 3: He's creative, he's.
Speaker 4: Very very hands on, and he's very very local and
Speaker 4: personal and has a small firm to really super serve
Speaker 4: his clients. McKenzie Law. That's Dan McKenzie. Just a great guy.
Speaker 4: If you're looking for an estate plan, give him a call.
Speaker 4: Eight three three co plans eight three three co plans
Speaker 4: Go with a sure thing. Denver's best roofer excel Roofing
Speaker 4: dot com. You don't pay a cent until you're content.
Speaker 4: Time for an insurance check up free, no obligation. In comparison,
Speaker 4: call Compass Insurance paying too much your coverage at dozens
Speaker 4: of insurance companies find out Now three oh three seven
Speaker 4: seven to one help. You'll think you're his only customer
Speaker 4: when you choose Frank durand the real estate Man dot
Speaker 4: com to list your home with Remax Alliance three oh
Speaker 4: three nine two zero sixteen twenty two. Hi Tom Martine,
Speaker 4: you're a troubleshooter. Okay, so Lourie Kevin Calkins with us
Speaker 4: our expert shared in autotech dot com. Laurie took her
Speaker 4: Ford escape to groove and they came up. Her engine
Speaker 4: light was on. They came up with eight grand worth
Speaker 4: of suggestions for thirteen items, and I said, could you
Speaker 4: tell us what those items were? And I want I
Speaker 4: want Kevin to listen.
Speaker 3: So they came up.
Speaker 21: They've had it nineties, yeah, ninetays and I today is
Speaker 21: the first day.
Speaker 4: Tell us, tell us very slowly, tell us the thirteen items.
Speaker 21: Okay, they have break job replace jobs, wrong rotors installed
Speaker 21: on vehicles, too small, and pads overlap rotors nine hundred
Speaker 21: twenty five dollars in eighty one cents, keep going, break
Speaker 21: flush okay, okay, break flush one.
Speaker 3: Motor okay, go past the brakes.
Speaker 4: Now, let's just suffice it to say breaks keep going.
Speaker 21: Oh okay, okay, motor mount front wrong mounts warm leaking.
Speaker 21: Four h five seventy seven battery replacement.
Speaker 3: Okay, keep going one.
Speaker 21: Sixty battery sixty six oil press it sending unit replacements
Speaker 21: seven ninety five EF.
Speaker 3: Five Wait wait, wait, what is that oil sender? Oil pressure?
Speaker 3: Got it? Okay?
Speaker 21: Sending unit replacement? If I cleaned five spark plug replacement?
Speaker 21: If they don't tell me how many spark plugs they
Speaker 21: just said that three seventy eight seventy one kept going
Speaker 21: service stuck?
Speaker 3: How How how many miles on this car?
Speaker 21: Ninety six thousand miles? And it's been certain.
Speaker 3: And if you had regular maintenance done to it?
Speaker 21: Yes, that's correct, And I have all the maintenance records.
Speaker 3: You've had regular maintenance? I grew four done.
Speaker 21: No no, no, no, it was done through a different efforts,
Speaker 21: through different different entities.
Speaker 4: How how often do you go in for service? How
Speaker 4: often do you go in for service.
Speaker 21: Before the the number or the date, by the time
Speaker 21: of the number, or the date, number of miles driven,
Speaker 21: or the date to have the next oil.
Speaker 3: Change, or no, I got it, I got it. No,
Speaker 3: I get it, I get it.
Speaker 4: Okay, So okay, because all of this, you know, I
Speaker 4: don't even know what they mean, wrong breaks, but it
Speaker 4: could be.
Speaker 3: And then they said, yeah, wrong breaks. I have no
Speaker 3: idea what that is, and huh, yeah I know. And
Speaker 3: then they said.
Speaker 4: Breaks motor mount, battery, oil pressure center. By the way,
Speaker 4: I believe you want to know what caused the engine light?
Speaker 3: Keep going?
Speaker 4: So what I'm hearing now is breaks breaks, motormount battery,
Speaker 4: oil pressure center, spark plugs, transmission flush, what else?
Speaker 8: They're not?
Speaker 21: Housing replacements, possible coolant link. And then there's a It
Speaker 21: doesn't say what it is. It just has the part number.
Speaker 21: It says lower shield damage that's thirty two. Then they
Speaker 21: also have what was that?
Speaker 3: What was that for?
Speaker 2: That?
Speaker 3: A lower lower shield.
Speaker 21: Lower damp the shield damage, But it just has a
Speaker 21: part number. It doesn't say what what?
Speaker 3: Yeah, okay, what else? Keep going? Keep going?
Speaker 21: Thermost housing replacement possible?
Speaker 3: Yeah I got that six Yeah, got it?
Speaker 13: Cool?
Speaker 21: Okay? The check engine light default they think it's the auxilary.
Speaker 21: This is what the bulb of the light is. Auxilary
Speaker 21: coolant pump intermittent sticking. Four hundred and eighty nine dollars
Speaker 21: and ninety sets. They say that is part of the
Speaker 21: light coming on and all ambient air temperature, air charge
Speaker 21: tool or sensor wiring has roady damage.
Speaker 16: That.
Speaker 21: Okay, well sixty.
Speaker 4: Now here's what I want you to do, is your car?
Speaker 4: Is your car drivable?
Speaker 11: Absolutely?
Speaker 3: Okay?
Speaker 4: Now are they going to charge you if you want
Speaker 4: to just pick it up and say I don't want any.
Speaker 3: Of it done?
Speaker 21: Yes, they want to charge me. Again, what are they
Speaker 21: going to charge?
Speaker 3: What are they going to charge? What are they going
Speaker 3: to charge?
Speaker 21: Twenty ninety five just to get my key in my car?
Speaker 21: Also put a mechanic's plain.
Speaker 4: Wait a minute, So they want to charge you two
Speaker 4: hundred and twenty Please let me ask the question.
Speaker 3: I got to get this out.
Speaker 4: How much if you want to pick it up today?
Speaker 21: Yes, two hundred and twenty nine dollars and ninety five cents.
Speaker 21: And the cost of that they're putting for a diagnostic,
Speaker 21: primary diagnostic, which I've been asking ever since the beginning.
Speaker 4: Okay, that Okay, hold on, that's not unreasonable. Listen, I
Speaker 4: want you to take if you pay for that, I
Speaker 4: want you to pay for it, and I want you
Speaker 4: to get the list, and I want you to go
Speaker 4: to Shardan Auto.
Speaker 3: I want you to go to Shardan Auto Tech.
Speaker 4: Okay, I'm telling you I would not get it done there.
Speaker 3: I would absolutely.
Speaker 4: I'm not telling I'm not telling you you don't need it,
Speaker 4: but you need to get You need to get these
Speaker 4: items looked at because if in fact there, you know,
Speaker 4: I want him to verify what you really need and
Speaker 4: what you don't need, and then and then you decide
Speaker 4: what to do.
Speaker 3: Sure, we won't for that, and he won't even charge
Speaker 3: you for that. But Lorie, yeah, where are you located?
Speaker 21: Generally that's the wrong, but I will come.
Speaker 4: Okay, okay, it's it's it's but you still need to
Speaker 4: go there no matter what, because look, you just need
Speaker 4: to go there.
Speaker 3: And this is honest and good assessment.
Speaker 4: And then we'll report. And it's it's on on Wadsworth.
Speaker 4: It's on Collfax, west of Wadsworth. You can get the
Speaker 4: exact address when you call them. Three oh three four
Speaker 4: five five seventy two forty two three o three four
Speaker 4: seventy forty two. Kachina, make sure she gets that off
Speaker 4: the air. Kevin, thank you very much, appreciate that.
Speaker 3: We we we really.
Speaker 4: We really need to do that, okay, So Kevin, I
Speaker 4: appreciate us. Kevin Calkin three oh three. And remember they're good,
Speaker 4: honest people. They can even handle the road and damage
Speaker 4: the electrical damage three oh three, four five five seventy
Speaker 4: two forty two. Go with a sure thing Denver's best
Speaker 4: roofer Excel Roofing dot com. You don't pay a cent
Speaker 4: until you're content. Time for an insurance check up free,
Speaker 4: no obligation. In comparison, call Compass Insurance paying too much
Speaker 4: your coverage at dozens of insurance companies find out now
Speaker 4: three oh three, seven to seven to one help. You'll
Speaker 4: think you're his only customer when you choose Frank durand
Speaker 4: the real estate Man dot com to list your home
Speaker 4: with Remax Alliance three oh three nine two zero sixteen
Speaker 4: twenty two. I'm Tom Martino. You're a troubleshooter, Ernie. What's
Speaker 4: going on with you?
Speaker 3: Ernie? What can we do?
Speaker 8: Tom? You remember you called me? You're on your way,
Speaker 8: you say you don't call it a dude. What's your name?
Speaker 20: Rock?
Speaker 3: Yes, American Restoration.
Speaker 4: I talked to him at detail and I thought Mark
Speaker 4: could handled this with you guys. Let me explain this
Speaker 4: in a nutshell. Let me just explain it real quick.
Speaker 4: You had a water loss at your home.
Speaker 3: Is that right?
Speaker 8: Yes, he said I have. He went in and he'd taken.
Speaker 7: All the.
Speaker 3: Ernie, you had a water loss at your home. What happened?
Speaker 8: Well, what happened? Is he done a demolation and it's
Speaker 8: still there?
Speaker 3: I know, Ernie, I'm asking what happened? What? Okay?
Speaker 4: Ernie, Please, this is very complicated and we did look
Speaker 4: into it.
Speaker 3: Okay, you had a water loss.
Speaker 4: Is that what first caused you to call American Restoration?
Speaker 8: Well, I had some damage to my roof. I don't
Speaker 8: know if water is.
Speaker 3: Okay?
Speaker 4: You got paid from insurance for a certain amount of
Speaker 4: water loss.
Speaker 3: Is that right?
Speaker 8: Oh that's what the complication is.
Speaker 3: Oh yes, and they did.
Speaker 4: Wait a minute, they did absolutely everything you asked them
Speaker 4: to do, but they did not finish the job because
Speaker 4: you ran out of insurance money.
Speaker 3: Mark, can you continue this?
Speaker 10: Well, I'm pretty sure that's where it's at. But Ernie,
Speaker 10: I haven't really talked to you about it. I talked
Speaker 10: to Rock about it. I mean, honestly, if you had
Speaker 10: to sum it up in a sentence, what's going on?
Speaker 13: Well?
Speaker 3: Going on?
Speaker 8: He came in and he uh, he looked at the
Speaker 8: damage and he said it was a call about water
Speaker 8: and mold and he's tear down all.
Speaker 3: The Did he get in touch with your insurance.
Speaker 8: Right?
Speaker 3: And then did he do the work? Did he clean
Speaker 3: everything up?
Speaker 8: No?
Speaker 3: So what didn't he do?
Speaker 8: Well? He got all the of the God man, I'm
Speaker 8: so sorry, Mark, I'm so excited, and this thing is
Speaker 8: going on.
Speaker 10: But Ernie, Ernie, here, here's my understanding of it. Let
Speaker 10: me just put this out there. Then maybe this will
Speaker 10: be a good starting point for you. My understanding is,
Speaker 10: and I don't know the numbers, but let's pretend your
Speaker 10: insurance claim was ten thousand dollars, a total made up number.
Speaker 3: Rock came in and.
Speaker 10: Did work up to the point of what he was
Speaker 10: going to get paid for at ten thousand dollars, some
Speaker 10: of the work that was included in that amount. Instead
Speaker 10: of doing that work, he did other work for you
Speaker 10: that at the insurance company was not going to pay for.
Speaker 10: Is that correct or incorrect.
Speaker 8: I think correct.
Speaker 10: Okay, here's what I tom. This is going to be
Speaker 10: just too hard to do on the air. What I
Speaker 10: would really like to do is have like Dmitri or
Speaker 10: Deputy Bou or deputy Doc to call up and it's
Speaker 10: going to take about an hour long conversation with him
Speaker 10: knowing you're out.
Speaker 3: I think Dmitri.
Speaker 4: I think Dmitri or actually Bo would be perfect for
Speaker 4: the Actually Bo, do you want to do it?
Speaker 18: Yes, I'm happy to give Ernie a call and get
Speaker 18: to the bottom of this and get it straightened out.
Speaker 4: Now here is let me explain what I think is
Speaker 4: going on. Ernie is basically saying that American Restoration got
Speaker 4: paid in full and did not complete the If I
Speaker 4: had to summarize it is that it Ernie, they got
Speaker 4: paid in full and did not complete the job.
Speaker 3: Is that right?
Speaker 8: That's the way I look at it.
Speaker 10: Right, Well, well, hold on, no, there's a big important
Speaker 10: part there though. I want to understand, since we're on
Speaker 10: the air right now, did they literally get paid in
Speaker 10: full or are you guys withholding some payment.
Speaker 8: We are holding the check on it.
Speaker 3: That's what I'm saying. This seems so convoluted.
Speaker 4: Okay, I get it, Mark, Mark, let me handle right
Speaker 4: this real quick, Ernie.
Speaker 3: How much money are you withholding?
Speaker 8: The check is for seventeen thousand dollars?
Speaker 4: Okay, you're withholding seventeen Okay, hold on, here's what I
Speaker 4: need to know.
Speaker 3: How much have they been paid so far?
Speaker 8: Nothing?
Speaker 4: So American Restoration has not been paid a dime.
Speaker 8: No, not by me.
Speaker 3: No, how about your insurance? Did your insurance pay them directly?
Speaker 8: No? They they sent a check. They have to be
Speaker 8: signed by.
Speaker 3: Me and the Okay, okay.
Speaker 4: Then my next question, why do you feel, Ernie? They
Speaker 4: don't they they haven't earned a dime. Why do you
Speaker 4: feel that.
Speaker 8: I don't feel that. I don't feel it.
Speaker 3: Then why haven't you paid? Why haven't they been?
Speaker 21: Ernie?
Speaker 3: Really?
Speaker 4: I need you to listen truly answer my question. Why
Speaker 4: haven't you paid them anything?
Speaker 8: Because there's no partial payment thing. I can do what
Speaker 8: they sent.
Speaker 4: Okay, So here's what I want to know, Ernie. Here, Ernie,
Speaker 4: you got paid seventeen thousand from your insurance?
Speaker 3: Is that correct?
Speaker 8: Yeah?
Speaker 3: And you're not okay, that's a yes or no. Yes.
Speaker 4: Now you're not paying American Restoration because you believe they
Speaker 4: did not do seventeen thousand dollars worth of work.
Speaker 8: Right, Tom, here's what you got to understand. I am
Speaker 8: legally blind. I can't see my daughter as she has
Speaker 8: to do sign my checks. You know, she a power attorney.
Speaker 4: Ernie Ernie, listen, I understand, sir. I love you, You've
Speaker 4: been listening to me for years. But I need to
Speaker 4: get this out. You have not paid them seventeen thousand
Speaker 4: because you believe they have not yet earned the entire
Speaker 4: seventeen thousand.
Speaker 3: Is that right?
Speaker 8: That's right?
Speaker 3: Okay.
Speaker 4: Now here's what I want to know, by your estimation,
Speaker 4: only your estimation, no nothing else but your opinion. How
Speaker 4: much have they earned so far?
Speaker 8: Probably a third of that?
Speaker 3: M hmm. What have they done so far?
Speaker 8: They came in and my basement has uh it's finished
Speaker 8: with partly finished it, it had it.
Speaker 4: I want to know what they did, Ernie, Ernie, Ernie.
Speaker 4: I'm going to keep you on track. I need to
Speaker 4: know what did they do so far?
Speaker 8: They they brought a crew in and they took out
Speaker 8: all the uh, they script the whole basement, most of
Speaker 8: it down and hauled out and they called it the
Speaker 8: demolition part.
Speaker 3: Okay, okay, then what then?
Speaker 8: What and then they, uh, they said they couldn't complete
Speaker 8: it because they needed to. I don't know if they
Speaker 8: were gonna ask the insurance for more money, but they
Speaker 8: had said the electrical part need to be done and
Speaker 8: they couldn't. Uh, they had to get What I understood
Speaker 8: was that they had to get, uh get permission from
Speaker 8: the insurance company to pay the additional The electrical company
Speaker 8: says that, okay, they needed they can't complete the job
Speaker 8: until the electrics electrician electricianal part is done.
Speaker 3: Okay, And what about that? Is that true?
Speaker 8: Right? I don't know. I don't know how. Like I said,
Speaker 8: I think we got.
Speaker 3: Tomorrow, Thomas, Now hold on, hold on.
Speaker 4: So they said they could not complete it because it
Speaker 4: needed additional electrical work and probably more money, right right, good, Okay,
Speaker 4: hold on.
Speaker 3: So now hold on.
Speaker 4: So you're withholding the seventeen thousand because you do not
Speaker 4: believe the you're withholding the seventeen thousand because you do
Speaker 4: not believe they've done seventeen thousand dollars worth of work.
Speaker 4: In your estimation, they've done about fifty five hundred dollars
Speaker 4: in work.
Speaker 8: That's just a conversational piece I liked. I don't know
Speaker 8: how much of it?
Speaker 3: Okay, good, We're going to have that conversation.
Speaker 4: You've told us a lot. I appreciated, Ernie. I understand
Speaker 4: your concern. Three oh three seven one three talks seven
Speaker 4: one three eight two five five bo. I want you
Speaker 4: to contact American Restoration. I know Rock was quite frustrated
Speaker 4: and he was trying to work with Mark. We need
Speaker 4: to get details, okay, and then we need to spell
Speaker 4: it out here. I don't think, I do not think
Speaker 4: that American Restoration will purpose cheat anyone.
Speaker 3: I don't know what's going on. I do know this.
Speaker 4: I do know that Ernie does not understand either, and
Speaker 4: I think we would love to talk to his daughter.
Speaker 3: That would be wonderful.
Speaker 18: I may even go out to the job and look
Speaker 18: at it.
Speaker 3: Yes, thank you so much.
Speaker 18: Thanking Ernie.
Speaker 4: Hang in there, hang in there and we'll talk about it.
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