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<v Speaker 1>Yea ridd you need advice? Who you don't help? Come

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<v Speaker 1>running shouses as we can. Shooter's gonna help coming man.

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<v Speaker 2>This is the Troubleshooter Show. No Tom Martine.

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<v Speaker 3>Hey, hey, hey, welcome to the show. Three oh three

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<v Speaker 3>seven one.

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<v Speaker 4>Three talk three oh three seven one three h five

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<v Speaker 4>five Here to help you solve problems, answer questions, take complaints,

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<v Speaker 4>make your life a little easier. Thanks for being here everyone,

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<v Speaker 4>And we love taking your phone calls talking about problems.

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<v Speaker 4>We really do, but we like solving you and then

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<v Speaker 4>I like making comments of the day Today, I'm Brad

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<v Speaker 4>O'Brien with me from ols or O'Brien Legal Services olslaw

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<v Speaker 4>dot com and Brad does real estate law, which is

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<v Speaker 4>really god it is. I think you know it used

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<v Speaker 4>to be real estate really was like okay, once or

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<v Speaker 4>twice in a lifetime, you buy a house. I mean

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<v Speaker 4>it's so ubiquitous right now, not just with of course

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<v Speaker 4>owning a home, buying a home, buying property, but also

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<v Speaker 4>being a landlord, being a tenant, and you know so

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<v Speaker 4>many things in between, eminent domain by a state or municipality,

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<v Speaker 4>adverse possession by a neighbor saying this is my swath

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<v Speaker 4>of land, swath of land, other people saying you're encroaching

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<v Speaker 4>on my property or whatever. So many issues in a

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<v Speaker 4>day title insurance could be Brad rather than me trying

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<v Speaker 4>to speculate you're on what.

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<v Speaker 3>Are what are some of the main issues these days? Brother?

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<v Speaker 5>Well, I help people with buying and selling residential and

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<v Speaker 5>commercial real estate and any kind of dispute and involving

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<v Speaker 5>real estate. So it runs the gambit from you know, evictions,

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<v Speaker 5>to mechanics, leans to.

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<v Speaker 6>Just anything that can come up with owning or using

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<v Speaker 6>real estate.

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<v Speaker 4>Now, what's the number one though? The number one call Brad,

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<v Speaker 4>If you had to pick one by team.

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<v Speaker 5>I would say probably landlord tenant, both residential and commercial.

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<v Speaker 4>Okay, and tell me about the challenges landlord's face right now.

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<v Speaker 5>Well, on the residential side, the laws have really change

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<v Speaker 5>in the last couple of years in a pro tenant way,

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<v Speaker 5>and it's very expensive frankly for the smaller landlord because

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<v Speaker 5>they're going to be going to court more often, They're

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<v Speaker 5>going to be in court longer if there's an eviction situation,

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<v Speaker 5>and that's just it's just more expensive.

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<v Speaker 6>There's more overhead for being a landlord.

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<v Speaker 4>Yeah, I mean you have to know your way around,

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<v Speaker 4>and and there's almost what I.

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<v Speaker 3>Call a forever lease provision.

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<v Speaker 5>Yeah, the landlord tenant laws in Colorado are very strictly

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<v Speaker 5>construed in favor of the tenants and against the landlords.

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<v Speaker 4>So years ago it was just the opposite. I mean,

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<v Speaker 4>tenants had no rights. When I first came to Colorado,

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<v Speaker 4>I would tell people, you know, you don't have any rights,

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<v Speaker 4>not even for habitability.

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<v Speaker 3>That all change.

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<v Speaker 5>So if a landlord makes makes mistake by charging a

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<v Speaker 5>late fee that's more than what the law allows, or

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<v Speaker 5>tries to do an eviction without falling all the steps exactly,

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<v Speaker 5>that could be a defect that causes them to start

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<v Speaker 5>over or have to pay a fine.

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<v Speaker 4>Okay, Now, when it comes to this forever lease, what

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<v Speaker 4>I mean by that is you have to have a

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<v Speaker 4>just cause to end it.

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<v Speaker 3>Is that correct, right?

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<v Speaker 5>The law recently changed where someone who's been in a

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<v Speaker 5>rental for longer than a year has the right to

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<v Speaker 5>have their least renewed when it comes up for renewal,

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<v Speaker 5>unless the landlord has one of a few stated reasons

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<v Speaker 5>for not renewing, and those are the exceptions.

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<v Speaker 4>Now I heard this brat, I don't know if it's true.

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<v Speaker 3>I heard.

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<v Speaker 4>That landlords are making leases three hundred and sixty days.

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<v Speaker 3>Now you know that the what's the ploy there? You

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<v Speaker 3>can read into that.

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<v Speaker 5>Yeah, because the way this new statute was drafted in

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<v Speaker 5>twenty twenty four, as soon as the tenant has been

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<v Speaker 5>in a rental for a year, then they have this

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<v Speaker 5>right that that that kicks in that allows them. It

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<v Speaker 5>gives them the right to have a renewal of their lease.

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<v Speaker 5>So if but if they've been there for less than

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<v Speaker 5>a year. So that's that's why some landlords are writing

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<v Speaker 5>leases just short of a year, maybe eleven months or

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<v Speaker 5>a day short of a year.

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<v Speaker 6>Then they don't have that. The Tennis don't have that

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<v Speaker 6>right yet.

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<v Speaker 4>Ah, then they can write it for another three hundred

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<v Speaker 4>and sixty day period or whatever.

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<v Speaker 5>Well, no, but once they get into the industry, Oh,

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<v Speaker 5>then it's more than a year. At the one year mark,

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<v Speaker 5>then the Tennis do have that right to have their

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<v Speaker 5>lease renewing.

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<v Speaker 4>Oh, even if it's a new lease for three hundred

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<v Speaker 4>and sixty days, because cumulatively has been more than a year. Right, Okay,

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<v Speaker 4>got it? Got it all right? Well that's interesting. Three

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<v Speaker 4>oh three seven to one three talks seven one, three, eight,

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<v Speaker 4>two five. I'm going to go to the phones right

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<v Speaker 4>now and we'll talk to Craig and Mark's on the phone.

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<v Speaker 4>We started this yesterday. Craig is just very frustrating. We

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<v Speaker 4>can't seem to shake our response. You dropped off your vehicle,

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<v Speaker 4>a WRAPO Kia on October sixteenth, needed a tranny. It

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<v Speaker 4>wasn't going into fourth gear. They put in a tranny.

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<v Speaker 4>Then you had a problem going in the first gear.

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<v Speaker 4>And you said that you never needed the tranning, but

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<v Speaker 4>it turns out you probably did.

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<v Speaker 3>They put in.

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<v Speaker 4>A new PCM. You had to pay fifteen hundred for that.

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<v Speaker 4>What's the bottom line here? What are you looking for

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<v Speaker 4>right now? You just want your truck back. What is

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<v Speaker 4>going on right now?

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<v Speaker 7>Well, it's my car, Kia Forte. They put in one

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<v Speaker 7>transmission and rebuilt transmission. Then that didn't fix it. It

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<v Speaker 7>was stuck in fourth year. Once they put that in,

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<v Speaker 7>it was stuck in first year. And then you know

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<v Speaker 7>that was in the first two weeks.

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<v Speaker 8>The car was there and all.

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<v Speaker 7>Of a sudden it's been.

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<v Speaker 4>Then they put in Let's just get to the point,

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<v Speaker 4>where did they put in the PM.

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<v Speaker 3>Right?

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<v Speaker 7>So they finally put in a used PM and then

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<v Speaker 7>they put in a new PCM and that didn't work

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<v Speaker 7>and that's why they put in the second transmission. Then

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<v Speaker 7>they said, yeah, also needs a new PCM, and so

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<v Speaker 7>that's where we're at. And they forgot to put in

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<v Speaker 7>the skid play and anyways, they finished that up. So

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<v Speaker 7>they finished it up tuesday.

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<v Speaker 3>Okay, so what's the issue now?

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<v Speaker 7>Well, the thing is the big picture is it's not

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<v Speaker 7>just my car being in the shop, but what what

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<v Speaker 7>I've had to go through in three months?

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<v Speaker 4>So what do you But what do you have your

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<v Speaker 4>Do you have your vehicle back?

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<v Speaker 7>No, I need to go pick it up. I wanted

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<v Speaker 7>to talk to you first, and.

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<v Speaker 3>So what do you want now? What? What? What do

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<v Speaker 3>you want?

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<v Speaker 4>Now we get right to the point. What do you

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<v Speaker 4>want now? I mean, are they charging you from was

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<v Speaker 4>this under warranty?

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<v Speaker 7>No?

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<v Speaker 9>No?

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<v Speaker 3>But okay, you know he's frustrated. What do you want?

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<v Speaker 3>Fix it over a three month period? Right? So it's

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<v Speaker 3>the frustration.

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<v Speaker 4>Okay, But I'm going to ask the same question, what

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<v Speaker 4>do you want?

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<v Speaker 7>Well, I don't. I've lost over twenty thousand dollars in

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<v Speaker 7>pay because of this, because of them being incompetent.

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<v Speaker 3>Okay, how much did you pay for all the repairs?

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<v Speaker 7>The total right now is forty five hundred minus the

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<v Speaker 7>fifteen hundred that I've already paid. So I owed them

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<v Speaker 7>three thousand and six dollars and change.

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<v Speaker 4>But the whole bill was forty The whole bill was

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<v Speaker 4>forty five hundred. Yes, okay, I'm going to get give

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<v Speaker 4>you some straight upfront news based on forty five years

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<v Speaker 4>of experience. You're not going to get consequential damages from them.

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<v Speaker 3>You're just not.

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<v Speaker 9>Now.

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<v Speaker 4>They can do a they can do a good will

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<v Speaker 4>for something or other, but Mark tell it like it

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<v Speaker 4>is marketing.

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<v Speaker 10>I've left so many messages with that service manager now

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<v Speaker 10>it's crazy. So when he goes down there, before you pay,

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<v Speaker 10>you got to talk to the service manager.

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<v Speaker 3>The only real issue I see that he might have.

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<v Speaker 10>I don't want to say a leg to stand on

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<v Speaker 10>because I actually agree with the guy. I can't believe

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<v Speaker 10>one of deal in Doug's stores did him this way.

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<v Speaker 10>But the bottom line is I don't understand why he's

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<v Speaker 10>paying for the ECM or PCM, whichever it's called.

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<v Speaker 3>That part drives me insane. It didn't do anything.

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<v Speaker 10>They put a bad one in put the ECM in,

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<v Speaker 10>thinking it's that that didn't do anything. They replaced the transmission.

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<v Speaker 10>Vehicle works fine. Now evidently it was a transmission. I mean,

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<v Speaker 10>unless they're going to are you would need it both.

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<v Speaker 10>But that seems kind of strange. But it's possible.

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<v Speaker 4>How much of the you have it, how much of

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<v Speaker 4>the repair, how much of the repair cost. How much

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<v Speaker 4>of the repair cost is the PCM. Okay, so I

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<v Speaker 4>kind of see where you're going. Would you be satisfied

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<v Speaker 4>if they did not charge for the PCM?

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<v Speaker 7>Oh, that would be That'd be great.

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<v Speaker 3>Okay, it's mark is called the mark. I'm going to call.

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<v Speaker 3>I'm going to make another call on break.

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<v Speaker 10>I'm going to see if I can't get with the

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<v Speaker 10>general manager. You know, I got the service manager's name

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<v Speaker 10>from somebody inside the organization that said the guy was

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<v Speaker 10>a decent guy. But when he doesn't call back after

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<v Speaker 10>all these things, I got to disagree with our friend.

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<v Speaker 10>So I'm going to try to reach out to the

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<v Speaker 10>GM over there. So I'll do that on break.

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<v Speaker 3>Okay. A couple things, Okay, A couple things. I want

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<v Speaker 3>to mention.

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<v Speaker 4>I'm taking emails from people with all kinds of questions

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<v Speaker 4>about their house. Specifically, they're mechanical, their HVAC, their water heaters,

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<v Speaker 4>they're everything like that, plumbing, heating, cooling, electric trains. Let

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<v Speaker 4>me tell you why, because from time to time people

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<v Speaker 4>call with simple questions and they don't want to hang

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<v Speaker 4>on the phone, and they just have simple questions and

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<v Speaker 4>we will answer them. Okay, we'll answer every one of them,

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<v Speaker 4>and I'll even text you back. Now you can text

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<v Speaker 4>me any questions to do with your home, any questions

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<v Speaker 4>at seven four seven.

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<v Speaker 3>Nine fifty two eighty.

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<v Speaker 4>Now, as you know, that's my personal text, and I

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<v Speaker 4>put these things away seven four seven nine nine nine

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<v Speaker 4>fifty two eighty. Okay, think of an airplane seven four

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<v Speaker 4>to seven that I love nine nine nine as close

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<v Speaker 4>as perfection you can get, and fifty to eighty for

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<v Speaker 4>the mile high city seven four seven nine nine.

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<v Speaker 3>Now listen.

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<v Speaker 4>In addition to that, well, any questions okay on on

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<v Speaker 4>the house and we will answer them, so you don't

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<v Speaker 4>have to be on hold or anything for just simple questions.

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<v Speaker 3>Uh.

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<v Speaker 4>Also, we have a question for Brad O'Brien. I'm gonna

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<v Speaker 4>let him think about it during the break. Keith, what

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<v Speaker 4>is the question.

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<v Speaker 11>Is there a Hey, Tom, is there a reset?

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<v Speaker 12>Yes?

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<v Speaker 11>If you have a tenant in your apartment, is there

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<v Speaker 11>a reset time if you moved them out of three

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<v Speaker 11>hundred and sixty days? Could you say, well, you can

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<v Speaker 11>come back in six months or a year, But I'm

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<v Speaker 11>not going to rent you until then because I'm going

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<v Speaker 11>to preserve my my property rights.

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<v Speaker 4>Okay, hold on, we'll talk about that coming up. I'm

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<v Speaker 4>Tom Martine three three seven one three eight two five five.

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<v Speaker 3>You don't pay a cent until you're content.

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<v Speaker 4>three oh three nine two zero sixteen twenty two. Hi

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<v Speaker 4>Tom Martino here three oh three seven one three talks

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<v Speaker 4>seven one three eight two five five. So this is

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<v Speaker 4>an interesting question Keith has. So I'm going to bring

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<v Speaker 4>up Brad O'Brien as well, Keith, go ahead, you you

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<v Speaker 4>you brought up a scenario because here's what Brad said. Originally,

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<v Speaker 4>if you are there less than a year, you don't

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<v Speaker 4>have If you have a tenant there less than a year,

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<v Speaker 4>you don't have to give a just cause to end

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<v Speaker 4>the lease. It's not automatically renewable in absence of a

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<v Speaker 4>just cause. But once you do renew it, even if

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<v Speaker 4>it was three hundred and sixty days, and you renew

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<v Speaker 4>it again for three sixty you are going to go

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<v Speaker 4>over the one year and then will be subject to

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<v Speaker 4>just cause after that.

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<v Speaker 3>What you're saying is something else.

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<v Speaker 4>What if you have a three hundred and sixty eight

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<v Speaker 4>day or sixty two day lease and then cease the lease,

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<v Speaker 4>have some kind of a brief respite in between, and

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<v Speaker 4>then revive the lease.

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<v Speaker 3>Is that what you're.

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<v Speaker 11>Saying, Yes, sir, just just as a way to get

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<v Speaker 11>around that law and to maintain your personal property rights.

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<v Speaker 3>Okay, Brad, Well, is that valid?

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<v Speaker 10>I mean, can you use that you built that loophole,

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<v Speaker 10>Brad and do a lease.

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<v Speaker 3>Well, I don't even know how you're going to get

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<v Speaker 3>to do it.

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<v Speaker 4>I don't know how you're going to get a tenant

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<v Speaker 4>to do You're gonna ask the tenant after three hundred

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<v Speaker 4>and fifty or at three hundred and sixty days to

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<v Speaker 4>move out for thirty days?

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<v Speaker 11>Well, my thought would be, would there be a six

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<v Speaker 11>month like if you waited six months, could you Yeah?

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<v Speaker 3>No, I know, I know that's a good question, Brad.

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<v Speaker 4>Is there a time that they wait and reinstitute a

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<v Speaker 4>lease so they can claim you haven't been there more

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<v Speaker 4>than a year?

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<v Speaker 5>Well, this new statue does not get into how many

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<v Speaker 5>days it takes to the of the tenant being out

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<v Speaker 5>of there and then coming back.

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<v Speaker 6>To establish a new tenancy.

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<v Speaker 5>It's really a question of fact of is there a

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<v Speaker 5>new and different tendency from the tendancy that was there

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<v Speaker 5>for the first year.

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<v Speaker 3>And that's not really written into the law.

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<v Speaker 6>No, it's a question of fact.

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<v Speaker 13>You know.

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<v Speaker 4>It doesn't say if you move out for thirty days

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<v Speaker 4>and come back you start over.

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<v Speaker 3>It doesn't. But it doesn't say you don't start over either.

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<v Speaker 13>Yeah.

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<v Speaker 5>I think you probably could establish a new tenancy if

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<v Speaker 5>there's a thirty day break in the middle, if they

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<v Speaker 5>actually moved out. Now, if they didn't move out, I

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<v Speaker 5>don't think you're going to find any loopholes to this statue.

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<v Speaker 4>What if you had the husband and wife team and

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<v Speaker 4>the first three sixty is the husband and the second

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<v Speaker 4>three sixty is the wife.

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<v Speaker 5>That's just a question of fact that that's really you'd

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<v Speaker 5>have to convince judge that it was a new and

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<v Speaker 5>different tendancy. But you know, you'd be looking at who

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<v Speaker 5>was on the lease originally, was the second spouse there

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<v Speaker 5>for the first year. You know, it was a commonality

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<v Speaker 5>among the tenants.

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<v Speaker 13>I understand that.

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<v Speaker 11>Of course, if you were to move somebody out after

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<v Speaker 11>a year and say, hey, you can come back in

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<v Speaker 11>thirty days, I'll write you up a new lease.

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<v Speaker 2>Nobody's going to do that.

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<v Speaker 11>It's impractical for the ten but the end probably for

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<v Speaker 11>the landlord. But I'm just trying to trying to come

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<v Speaker 11>up with waite.

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<v Speaker 10>But wait a minute, it is at all if you

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<v Speaker 10>did do a lease for three hundred and sixty two

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<v Speaker 10>days or whatever it is, at least when when the

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<v Speaker 10>thirty days comes up to the end of that lease,

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<v Speaker 10>you could make a decision, right Brad, if you want

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<v Speaker 10>to keep these people in your apartment.

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<v Speaker 3>I mean, there's is there anything wrong with that?

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<v Speaker 5>Well, this news statute requires a ninety day notice prior

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<v Speaker 5>to not really doing someone.

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<v Speaker 10>Okay, that's fine, then you still have nine months dealing

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<v Speaker 10>with leep.

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<v Speaker 3>Hold on, Mark, hold on, let them clarify.

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<v Speaker 14>Go ahead.

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<v Speaker 5>Actually, the ninety days does not apply to someone in

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<v Speaker 5>the first year. So probably if the lease says a

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<v Speaker 5>decision has to be made thirty days in advance of

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<v Speaker 5>the of the of the end of the first year,

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<v Speaker 5>you can get that thirty day notice. But once they're

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<v Speaker 5>into the second year, then there has to be this

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<v Speaker 5>ninety day notice of non renewal.

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<v Speaker 4>So even if it was one year, if you give

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<v Speaker 4>a thirty day notice, it's not a just cause.

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<v Speaker 3>You don't have to make it three hundred and sixty days,

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<v Speaker 3>do you.

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<v Speaker 6>If you have a just cause, then you then you

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<v Speaker 6>give a ninety day notice.

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<v Speaker 4>Okay, I'm talking about very first year of tenancy. Yep,

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<v Speaker 4>you're in the eleventh month. You let them know you're

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<v Speaker 4>not renewing. Doesn't have to be a just cause they

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<v Speaker 4>haven't been there a year.

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<v Speaker 5>No, because that just cause doesn't apply to a tenant

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<v Speaker 5>who's been there for less than a year.

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<v Speaker 4>So therefore there's no reason to write the lease less

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<v Speaker 4>than a year, is there?

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<v Speaker 5>Well, yes, because it's this one day problem that where okay,

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<v Speaker 5>the statute is ambiguous, where they don't have the right

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<v Speaker 5>until that three hundred and sixty fifth day, but the first,

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<v Speaker 5>the least, the one year lease does get the three

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<v Speaker 5>hundred and sixty Okay, I got the last day the

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<v Speaker 5>right kicks in.

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<v Speaker 3>So on the very last day, the right kicks in. Okay.

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<v Speaker 3>So therefore, if you want at least.

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<v Speaker 11>If tom, what if you if you give them, if

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<v Speaker 11>you give them that notice and you say, okay, your

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<v Speaker 11>lease will end on this day, which would be the

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<v Speaker 11>three hundred and sixty fourth day, let's say, just to

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<v Speaker 11>cut it close, and the tenant says I can't be

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<v Speaker 11>out there and they end up staying that day. Are

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<v Speaker 11>they now grandfathered in and say you you now have

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<v Speaker 11>to renew my lease and then I have to go

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<v Speaker 11>on a victor.

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<v Speaker 3>That's a good point.

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<v Speaker 5>Well, the statue does not get into that question, and

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<v Speaker 5>there's no case law on this today.

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<v Speaker 6>So I would argue that no.

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<v Speaker 5>Proper notice, the tendency was terminated because the written notice

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<v Speaker 5>was given ahead of time that it was was going

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<v Speaker 5>to terminate, and it did terminate.

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<v Speaker 4>So so or you could go with the sterra turnkey

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<v Speaker 4>and do rentals in a state that isn't crazy.

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<v Speaker 3>Yep, that's very good point.

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<v Speaker 10>This is I know Brad's gonna think this is silly,

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<v Speaker 10>but the way that's written, honestly, and I'm not kidding,

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<v Speaker 10>if it's leap year is at three hundred and sixty

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<v Speaker 10>six days.

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<v Speaker 3>The statute point.

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<v Speaker 5>I believe, is written in terms of one year, not

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<v Speaker 5>three hundred and sixty five days.

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<v Speaker 4>So yeah, so it would leaves the calendar year. Yeah,

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<v Speaker 4>it's a calendar year. So if it is a year

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<v Speaker 4>where February has more days, it would have more days.

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<v Speaker 3>If it's less, it would be less. You know, all,

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<v Speaker 3>what's going to do?

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<v Speaker 10>And I said this and I'm not trying to get political,

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<v Speaker 10>but honestly, I don't even know what mark.

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<v Speaker 3>Yeah, people love when you do go ahead, it's gonna do.

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<v Speaker 10>It's gonna do nothing but raise prices. Ultimately, it costs

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<v Speaker 10>more for landlords who would want to own property in

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<v Speaker 10>a state where you can't terminate a lease.

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<v Speaker 3>The whole thing of having.

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<v Speaker 10>A lease is that's why we agree to something for

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00:19:06.119 --> 00:19:09.079
<v Speaker 10>a year, then it's done. How dare they come in

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00:19:09.119 --> 00:19:13.119
<v Speaker 10>and do something so stupid? Well, I'll tell you why

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<v Speaker 10>this came about.

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<v Speaker 4>There have been a lot of people who have been

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<v Speaker 4>in a place five or six or seven years.

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<v Speaker 3>Not just one, and it's their home, and.

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<v Speaker 4>They're even willing to pay reasonable rent increases and all that,

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<v Speaker 4>and they just are moved out and because of something

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<v Speaker 4>and they feel it's not just Now, that's just the

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<v Speaker 4>way I'm talking about the spirit. I'm not saying it's

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<v Speaker 4>a good or bad reason. That's the spirit of the law.

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<v Speaker 10>If you look at you thing, man, it take that

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00:19:43.599 --> 00:19:45.079
<v Speaker 10>person you're talking about.

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<v Speaker 3>How about if I go, oh, wow, that.

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<v Speaker 10>Area in Washington Park or wherever's really coming along, I

405
00:19:50.839 --> 00:19:52.680
<v Speaker 10>want to go ahead and put one hundred grand into

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<v Speaker 10>this house and rent it out for triple What I am?

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<v Speaker 3>I can't even do that?

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<v Speaker 6>Well, no, that just one of the exceptionally major renovation is.

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<v Speaker 3>A major renovation is an exception?

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<v Speaker 4>What about raising rents because that's okay, Look, okay, Now,

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<v Speaker 4>let's say there's a major fire somewhere in the state

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<v Speaker 4>or in the city, or let's say something changed and

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<v Speaker 4>the housing market is such that rents you could get

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<v Speaker 4>way more rent Are you restricted like in communists or Moscow?

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<v Speaker 3>Are you restricted on what you can raise your rent. Well,

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<v Speaker 3>there's gouging rights.

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<v Speaker 5>Well, hold on, Mark, Colorado, a landlord can raise a

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<v Speaker 5>residential rental rate once every twelve months on rolling basis.

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<v Speaker 3>But how much?

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<v Speaker 5>Uh, well, presumably it's market somewhere, I mean the market.

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<v Speaker 3>Is there a law that says you can't raise it

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<v Speaker 3>too much?

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<v Speaker 6>Well?

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<v Speaker 5>Yes, this, this new statue says that the landlord cannot

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<v Speaker 5>raise the rent in the punitive way in order to

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<v Speaker 5>circumvent these protections that have been in.

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<v Speaker 3>And what is it? What was he? What is that though?

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<v Speaker 3>Is there a percent?

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<v Speaker 6>That's a question that.

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<v Speaker 4>Okay, So what Mark said it's like an anti gouging thing.

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<v Speaker 10>Well, no, what I'm saying is in Colorado we have

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<v Speaker 10>laws if there's a natural disaster proclaim, just like California

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<v Speaker 10>and the kit Mark.

434
00:21:13.599 --> 00:21:16.480
<v Speaker 4>Yeah, I just Mark, I just gave that as an example.

435
00:21:16.920 --> 00:21:21.400
<v Speaker 3>But I'm just saying, I'm just saying in general, go ahead, man.

436
00:21:21.359 --> 00:21:25.240
<v Speaker 15>Tom, I'd like to add something that also, if you

437
00:21:25.279 --> 00:21:28.960
<v Speaker 15>move a tenant out for remodeling, then the laws states

438
00:21:28.960 --> 00:21:31.839
<v Speaker 15>that you are required to give them first writer refusal

439
00:21:31.920 --> 00:21:32.400
<v Speaker 15>to come.

440
00:21:32.240 --> 00:21:34.799
<v Speaker 8>Back, so that.

441
00:21:36.319 --> 00:21:38.759
<v Speaker 11>You don't have that you don't it's not a loophole.

442
00:21:39.119 --> 00:21:41.640
<v Speaker 11>Because you are supposed to give that tenant the first

443
00:21:41.640 --> 00:21:44.960
<v Speaker 11>writer's usual to come back to move back in after remodeling. Now,

444
00:21:44.960 --> 00:21:46.480
<v Speaker 11>if you want to raise the prices.

445
00:21:46.160 --> 00:21:46.640
<v Speaker 9>That's different.

446
00:21:46.680 --> 00:21:49.079
<v Speaker 11>That's one thing, But you still have to give that

447
00:21:49.160 --> 00:21:53.640
<v Speaker 11>tenant the first writer's fusal. I mean, it's a complete

448
00:21:53.680 --> 00:21:59.440
<v Speaker 11>it's a complete and utter usurpation of homeowner rights and

449
00:22:00.039 --> 00:22:02.160
<v Speaker 11>property rights in the state. It's unbelievable.

450
00:22:02.160 --> 00:22:06.880
<v Speaker 3>So you know what people voted for that, dude, I.

451
00:22:06.799 --> 00:22:07.279
<v Speaker 7>Know, I know.

452
00:22:07.359 --> 00:22:09.400
<v Speaker 11>That's what I don't understand is people are too stupid

453
00:22:09.440 --> 00:22:12.759
<v Speaker 11>to realize that everything they vote for has consequences, but

454
00:22:12.799 --> 00:22:14.799
<v Speaker 11>they don't seem to They don't seem to care, because

455
00:22:14.839 --> 00:22:16.720
<v Speaker 11>all they care about is what suits me.

456
00:22:16.920 --> 00:22:21.920
<v Speaker 4>Right now, well, actually it's not even that. Well I've

457
00:22:22.000 --> 00:22:25.119
<v Speaker 4>said this before, and I think Mark even agreed with me.

458
00:22:25.880 --> 00:22:30.400
<v Speaker 4>It is incredible the amount of pain, now I'm not

459
00:22:30.400 --> 00:22:34.960
<v Speaker 4>talking about benefit, the amount of pain that someone will

460
00:22:35.079 --> 00:22:40.880
<v Speaker 4>endure to be politically correct. It's almost like they're willing

461
00:22:40.920 --> 00:22:43.839
<v Speaker 4>to endure it just because they Yeah.

462
00:22:43.880 --> 00:22:46.359
<v Speaker 10>But again, I mean that it does get to a point,

463
00:22:46.400 --> 00:22:48.640
<v Speaker 10>and I'll give you an idea of Denver. In my opinion,

464
00:22:48.920 --> 00:22:52.160
<v Speaker 10>Denver is really getting to that point quick. You realize

465
00:22:52.200 --> 00:22:54.960
<v Speaker 10>we had another stabbing last night around.

466
00:22:55.279 --> 00:22:58.519
<v Speaker 4>Mark the point mark you mean the point where the

467
00:22:58.559 --> 00:23:03.240
<v Speaker 4>pendulum will swing the other way. Yes, okay, all right,

468
00:23:03.319 --> 00:23:04.240
<v Speaker 4>we got to take a break.

469
00:23:04.240 --> 00:23:06.000
<v Speaker 3>I'm Tom Martino. Hold on quick.

470
00:23:06.119 --> 00:23:09.039
<v Speaker 10>It could be for some people, it might be economics.

471
00:23:09.039 --> 00:23:11.720
<v Speaker 10>For some people, it might be crime. When you live

472
00:23:11.720 --> 00:23:15.359
<v Speaker 10>in a neighborhood where randoms are walking around stabbing people.

473
00:23:15.400 --> 00:23:18.880
<v Speaker 3>There's an issue. Mark is saying, and I know what

474
00:23:18.920 --> 00:23:19.359
<v Speaker 3>he's saying.

475
00:23:19.680 --> 00:23:24.319
<v Speaker 4>There are triggers that will jult you out of your

476
00:23:24.359 --> 00:23:26.160
<v Speaker 4>current political standing.

477
00:23:26.200 --> 00:23:27.079
<v Speaker 3>If you heard enough.

478
00:23:27.680 --> 00:23:31.279
<v Speaker 4>There are I say, yeah, there are, but they have

479
00:23:31.319 --> 00:23:35.960
<v Speaker 4>to be major because look at the pain that Californians

480
00:23:36.039 --> 00:23:39.839
<v Speaker 4>endure for there for there, I'm.

481
00:23:39.680 --> 00:23:40.440
<v Speaker 3>Just gonna say, for that.

482
00:23:40.559 --> 00:23:42.960
<v Speaker 10>But this fire is gonna wake them up. You think

483
00:23:43.039 --> 00:23:46.400
<v Speaker 10>Newsom's gonna get re elected after this? How about that mayor?

484
00:23:46.640 --> 00:23:49.440
<v Speaker 10>I'll be shocked if she's not tossed out on her ass.

485
00:23:51.039 --> 00:23:53.480
<v Speaker 4>Okay, we got more coming up. I'm Tom Martino. Now

486
00:23:53.720 --> 00:23:56.279
<v Speaker 4>this I brought to you by waterpros dot Net. I

487
00:23:56.359 --> 00:24:00.759
<v Speaker 4>can't say enough about healthy water. You know, look, I

488
00:24:00.839 --> 00:24:05.640
<v Speaker 4>try to stay healthy water is so important, especially drinking

489
00:24:05.680 --> 00:24:09.559
<v Speaker 4>water reverse osmosis you will never get, never get for

490
00:24:09.640 --> 00:24:14.200
<v Speaker 4>less never than waterpros dot net at the kitchen sink

491
00:24:14.359 --> 00:24:17.039
<v Speaker 4>triple filter reverse osmosis, or you can get a whole

492
00:24:17.039 --> 00:24:17.720
<v Speaker 4>house system.

493
00:24:17.920 --> 00:24:19.519
<v Speaker 3>I want you to look into them, you know.

494
00:24:19.519 --> 00:24:23.119
<v Speaker 4>For for eleven hundred bucks you get reverse osmosis drinking water.

495
00:24:23.240 --> 00:24:25.960
<v Speaker 4>Tin know plumbers charge six eight grand for this whole

496
00:24:25.960 --> 00:24:30.359
<v Speaker 4>house plumbing. Again, you can get a chemical protection. You

497
00:24:30.400 --> 00:24:33.680
<v Speaker 4>can get softening conditioning three zero three eight six y

498
00:24:33.720 --> 00:24:42.200
<v Speaker 4>two five five five four waterpros dot net. Go with

499
00:24:42.279 --> 00:24:45.880
<v Speaker 4>a sure thing Denver's best roofer Excel Roofing dot com.

500
00:24:45.880 --> 00:24:51.640
<v Speaker 4>You don't pay a cent until you're content. Time for

501
00:24:51.680 --> 00:24:54.839
<v Speaker 4>an insurance check up free, no obligation. In comparison, call

502
00:24:54.960 --> 00:24:58.279
<v Speaker 4>Compass Insurance paying too much your coverage at dozens of

503
00:24:58.279 --> 00:25:01.240
<v Speaker 4>insurance companies find out now three all three seven seven

504
00:25:01.279 --> 00:25:04.000
<v Speaker 4>to one Help You'll think you're his only customer when

505
00:25:04.079 --> 00:25:06.519
<v Speaker 4>you choose Frank durand the real estate Man dot com

506
00:25:06.559 --> 00:25:09.640
<v Speaker 4>to list your home with Remax Alliance three all three

507
00:25:09.759 --> 00:25:16.519
<v Speaker 4>nine two zero sixteen twenty two.

508
00:25:17.319 --> 00:25:19.680
<v Speaker 1>What's the reality?

509
00:25:19.759 --> 00:25:22.079
<v Speaker 3>Hi Tom Martine here, Welcome to the show.

510
00:25:22.599 --> 00:25:24.400
<v Speaker 4>Three oh three seven to one three Talks seven one

511
00:25:24.400 --> 00:25:25.480
<v Speaker 4>three eight two five to five.

512
00:25:26.200 --> 00:25:28.440
<v Speaker 3>You know, real estate's a big topic. It's a hot topic.

513
00:25:29.519 --> 00:25:33.400
<v Speaker 4>Brad O'Brien. You know we have a Vestera turnkey I

514
00:25:33.480 --> 00:25:36.160
<v Speaker 4>talk about now. I'm not trying to get you to

515
00:25:36.279 --> 00:25:39.759
<v Speaker 4>do anything except weigh in on issues. It's not a

516
00:25:39.799 --> 00:25:42.720
<v Speaker 4>pooled investment, by the way. The reason I say that

517
00:25:42.839 --> 00:25:45.240
<v Speaker 4>is in real you know, since I've had and I

518
00:25:45.279 --> 00:25:49.559
<v Speaker 4>opened my financial advisory firm, you can't do pooled investments

519
00:25:49.599 --> 00:25:51.960
<v Speaker 4>without calling it a security, and you have to have

520
00:25:52.000 --> 00:25:54.279
<v Speaker 4>all kinds of disclosures and safety measure and all that.

521
00:25:54.599 --> 00:25:56.680
<v Speaker 4>But when you do what VESTERAA is doing, and I'm

522
00:25:56.720 --> 00:25:58.759
<v Speaker 4>not saying they're doing it to get around securities, I'm

523
00:25:58.799 --> 00:26:01.480
<v Speaker 4>just saying that it's not a security period just like

524
00:26:01.559 --> 00:26:04.799
<v Speaker 4>an annuity is not a security, a fixed index annuity

525
00:26:04.839 --> 00:26:08.240
<v Speaker 4>that Kiano does and what Barry Miller does with Vestera

526
00:26:08.359 --> 00:26:09.319
<v Speaker 4>is not a security.

527
00:26:09.599 --> 00:26:12.279
<v Speaker 3>What he does is he hooks people up with.

528
00:26:12.720 --> 00:26:15.039
<v Speaker 4>The properties and they own the property, they have a

529
00:26:15.079 --> 00:26:17.359
<v Speaker 4>loan on the property, they have money in the property.

530
00:26:17.720 --> 00:26:22.519
<v Speaker 4>He finds markets where he finds good His research shows

531
00:26:22.559 --> 00:26:26.400
<v Speaker 4>people where there's good appreciation, It shows them where there's

532
00:26:26.440 --> 00:26:30.359
<v Speaker 4>good rents, and then he tells them when to sell

533
00:26:30.680 --> 00:26:33.960
<v Speaker 4>and he counsels them. So he makes his money on

534
00:26:34.200 --> 00:26:36.799
<v Speaker 4>commissions going in and coming out, but you're not even

535
00:26:36.880 --> 00:26:37.799
<v Speaker 4>obligated to use.

536
00:26:37.759 --> 00:26:40.599
<v Speaker 3>Them, but he hopes you do, and usually they do.

537
00:26:40.960 --> 00:26:43.680
<v Speaker 4>And then he hooks up a management company and he

538
00:26:43.720 --> 00:26:47.640
<v Speaker 4>doesn't overcharge or mark up the management services. You work

539
00:26:47.720 --> 00:26:51.200
<v Speaker 4>directly with these top notch management companies. And then he

540
00:26:51.279 --> 00:26:53.680
<v Speaker 4>even has a service I think it's an extra two

541
00:26:53.720 --> 00:26:55.720
<v Speaker 4>hundred bucks a year or something where they take all

542
00:26:55.720 --> 00:26:58.000
<v Speaker 4>of your daily phone calls in if there are any,

543
00:26:58.240 --> 00:27:01.880
<v Speaker 4>and make decisions for you and help you make decisions. Now,

544
00:27:03.240 --> 00:27:06.319
<v Speaker 4>being a landlord, he says, it's being a landlord without

545
00:27:06.319 --> 00:27:09.119
<v Speaker 4>the conventional hassles and risks.

546
00:27:10.400 --> 00:27:10.880
<v Speaker 3>Overall.

547
00:27:11.279 --> 00:27:14.000
<v Speaker 4>What do you I'm not asking for endorsement, I'm asking

548
00:27:14.319 --> 00:27:15.880
<v Speaker 4>like as a as a model.

549
00:27:15.920 --> 00:27:19.240
<v Speaker 3>What do you think I mean? Have you heard me

550
00:27:19.279 --> 00:27:21.359
<v Speaker 3>advertise that. What do you think of that concept?

551
00:27:21.960 --> 00:27:24.400
<v Speaker 5>Well, I think a lot of landlords at some point,

552
00:27:24.799 --> 00:27:26.759
<v Speaker 5>especially smaller landlords, do want to get out of the

553
00:27:26.759 --> 00:27:28.720
<v Speaker 5>business and out of the day to day management. They

554
00:27:28.720 --> 00:27:30.759
<v Speaker 5>don't want to fix in toilets or even hiring people

555
00:27:30.759 --> 00:27:31.160
<v Speaker 5>to fix.

556
00:27:31.039 --> 00:27:33.440
<v Speaker 3>Toilet especially in outside of the state markets.

557
00:27:33.559 --> 00:27:33.720
<v Speaker 6>Yep.

558
00:27:34.160 --> 00:27:37.640
<v Speaker 5>So, so some landlords would like a way to stay

559
00:27:37.640 --> 00:27:41.400
<v Speaker 5>in the real estate investment game, and but let somebody

560
00:27:41.440 --> 00:27:44.000
<v Speaker 5>else do the daily work. And so that means hiring

561
00:27:44.319 --> 00:27:47.519
<v Speaker 5>so either buying a small piece of a real estate

562
00:27:47.599 --> 00:27:50.400
<v Speaker 5>investment or hiring a property management company to manage for them.

563
00:27:50.640 --> 00:27:53.960
<v Speaker 3>Yeah, so I like the concept personally, I do.

564
00:27:54.880 --> 00:28:01.559
<v Speaker 16>Tom, Yeah, I do, And I know I've talked Yeah, yeah,

565
00:28:01.599 --> 00:28:05.000
<v Speaker 16>And I talked to BO about investing in general Bo

566
00:28:05.119 --> 00:28:07.920
<v Speaker 16>and I, and it's a good system.

567
00:28:08.000 --> 00:28:11.559
<v Speaker 4>Now, some people don't want to come up with a minimum.

568
00:28:11.640 --> 00:28:13.960
<v Speaker 4>I think it's around sixty five grand. So I've been

569
00:28:14.000 --> 00:28:19.519
<v Speaker 4>putting together in my I'm putting together to my investment company,

570
00:28:19.559 --> 00:28:26.160
<v Speaker 4>my financial management company, or my advisement company, smaller LLCs

571
00:28:26.519 --> 00:28:28.960
<v Speaker 4>that will be probably a security. We have to do

572
00:28:29.000 --> 00:28:31.279
<v Speaker 4>it in a certain way where people are chipping in,

573
00:28:31.640 --> 00:28:34.599
<v Speaker 4>and so instead of one person owning one property, we

574
00:28:34.640 --> 00:28:37.240
<v Speaker 4>have a small LLC that owns each property For people

575
00:28:37.240 --> 00:28:38.680
<v Speaker 4>who want to do that, but they don't want to

576
00:28:38.680 --> 00:28:41.039
<v Speaker 4>take out the big chunk. They just want to take

577
00:28:41.079 --> 00:28:44.240
<v Speaker 4>out They just want to be part of one. Of course,

578
00:28:44.279 --> 00:28:45.799
<v Speaker 4>you're not going to make as much as if you

579
00:28:45.880 --> 00:28:47.759
<v Speaker 4>did it all by yourself, but you don't have as

580
00:28:47.839 --> 00:28:51.880
<v Speaker 4>much risk either. But the concept I think is brilliant.

581
00:28:52.599 --> 00:28:55.799
<v Speaker 4>I think it's brilliant, and I do now. I think

582
00:28:56.160 --> 00:29:01.000
<v Speaker 4>fixed indextinuities have a place, you know, I even think,

583
00:29:01.039 --> 00:29:04.599
<v Speaker 4>by the way, variable annuities have a place. That's what

584
00:29:04.680 --> 00:29:08.559
<v Speaker 4>I love about all of the knowledge and the education

585
00:29:08.640 --> 00:29:12.839
<v Speaker 4>I've gotten in the financial world, because I used to

586
00:29:12.920 --> 00:29:17.279
<v Speaker 4>think variable annuities are evil. Then I looked into them.

587
00:29:17.440 --> 00:29:18.920
<v Speaker 4>Now I'm not, by the way, telling you to go

588
00:29:18.960 --> 00:29:20.799
<v Speaker 4>out and get one. I'm not telling you that. But

589
00:29:20.839 --> 00:29:23.720
<v Speaker 4>what I like about him is you get to invest

590
00:29:23.759 --> 00:29:28.000
<v Speaker 4>in a pool of money that earns tax free. It's

591
00:29:28.039 --> 00:29:30.119
<v Speaker 4>tax deferred actually when you start, but you get to

592
00:29:30.160 --> 00:29:33.759
<v Speaker 4>play with this fund, and it's variable. You make what

593
00:29:33.839 --> 00:29:36.279
<v Speaker 4>you make, you lose what you lose. There are some

594
00:29:37.079 --> 00:29:40.839
<v Speaker 4>protections you can put in for the floor and for

595
00:29:40.920 --> 00:29:43.640
<v Speaker 4>the ceiling, but you can just have a little pot

596
00:29:43.680 --> 00:29:47.519
<v Speaker 4>of money that you invest and it grows tax deferred,

597
00:29:48.079 --> 00:29:51.039
<v Speaker 4>no reporting every year, and what you made, and then

598
00:29:51.240 --> 00:29:53.880
<v Speaker 4>when you start drawing it, you turn it into a

599
00:29:53.920 --> 00:29:56.880
<v Speaker 4>regular annuity. Again I'm not saying it's the best thing.

600
00:29:57.039 --> 00:30:01.119
<v Speaker 4>Then there's the fixed index annuity, where it's again garantee growth.

601
00:30:01.359 --> 00:30:03.480
<v Speaker 4>You don't get the growth of the market but you

602
00:30:03.519 --> 00:30:06.680
<v Speaker 4>don't get the losses either. You get a sustained growth

603
00:30:07.279 --> 00:30:11.200
<v Speaker 4>and the missed opportunity. With us, the only risk to

604
00:30:11.319 --> 00:30:15.720
<v Speaker 4>a fixed indextinuity is the lack of upside. If you're

605
00:30:15.759 --> 00:30:18.200
<v Speaker 4>doing better on your own or in a portfolio, you

606
00:30:18.279 --> 00:30:21.079
<v Speaker 4>may not want to rest it right away. That's why

607
00:30:21.160 --> 00:30:24.440
<v Speaker 4>some people do the regular investing through their lives, and

608
00:30:24.480 --> 00:30:27.440
<v Speaker 4>as they get toward retirement they take a lump sum

609
00:30:27.880 --> 00:30:32.119
<v Speaker 4>and do an annuity immediately. So there's all different ways

610
00:30:32.160 --> 00:30:35.519
<v Speaker 4>to do stuff like that. Catherine, what is your question?

611
00:30:38.640 --> 00:30:44.279
<v Speaker 17>I am an owner of a condo in Westminster and

612
00:30:44.759 --> 00:30:50.000
<v Speaker 17>recently there has been a complaint made against me, and

613
00:30:51.519 --> 00:30:55.200
<v Speaker 17>so I found out from the HOA manager and I

614
00:30:55.480 --> 00:30:57.880
<v Speaker 17>asked him to be able to see it, but he

615
00:30:57.960 --> 00:31:01.839
<v Speaker 17>says that this is not his to share. And at

616
00:31:01.839 --> 00:31:07.079
<v Speaker 17>the same time he is making references about something about

617
00:31:07.759 --> 00:31:10.920
<v Speaker 17>me being loud and not cooperating with the police.

618
00:31:11.200 --> 00:31:14.559
<v Speaker 4>So it like, okay, you hold on, I will come

619
00:31:14.640 --> 00:31:17.400
<v Speaker 4>right back to you. No, No, you hang on, Catherine,

620
00:31:17.400 --> 00:31:19.519
<v Speaker 4>We're gonna come right back to I promise. Three O

621
00:31:19.640 --> 00:31:23.799
<v Speaker 4>three seven one three eight two five five Denverregen dot com.

622
00:31:23.839 --> 00:31:26.400
<v Speaker 4>If you're looking for stem cell therapy, or hair rejuvenation

623
00:31:26.920 --> 00:31:35.359
<v Speaker 4>Denverregen dot com. Go with a sure thing Denver's Best

624
00:31:35.440 --> 00:31:37.440
<v Speaker 4>roofer Excel Roofing dot com.

625
00:31:37.480 --> 00:31:39.480
<v Speaker 3>You don't pay a cent until you're content.

626
00:31:42.839 --> 00:31:46.039
<v Speaker 4>Time for an insurance check up free no obligation comparison

627
00:31:46.160 --> 00:31:49.720
<v Speaker 4>call Compass Insurance Paying too much your coverage at dozens

628
00:31:49.759 --> 00:31:52.480
<v Speaker 4>of insurance companies find out now three oh three seven

629
00:31:52.559 --> 00:31:55.400
<v Speaker 4>seven to one help. You'll think you're his only customer

630
00:31:55.440 --> 00:31:57.680
<v Speaker 4>when you choose Frank durand the real estate Man dot

631
00:31:57.720 --> 00:32:01.000
<v Speaker 4>com to list your home with Remax Lions three all

632
00:32:01.079 --> 00:32:10.319
<v Speaker 4>three nine two zero sixteen twenty two. Hi Tom Martine,

633
00:32:10.960 --> 00:32:14.599
<v Speaker 4>your troubleshooter three oh three seven one three talk three

634
00:32:14.680 --> 00:32:19.039
<v Speaker 4>oh three seven one three eight two five five Catherine,

635
00:32:19.279 --> 00:32:22.599
<v Speaker 4>She said there was a complaint lodge against her at

636
00:32:22.640 --> 00:32:26.640
<v Speaker 4>the HOA. Did they say it was from another tenant

637
00:32:27.240 --> 00:32:31.440
<v Speaker 4>or another resident? Yes, okay, And they didn't say what

638
00:32:31.480 --> 00:32:34.720
<v Speaker 4>it was about. It was about being Did they tell

639
00:32:34.759 --> 00:32:36.000
<v Speaker 4>you what the complaint was?

640
00:32:37.319 --> 00:32:40.079
<v Speaker 17>They told me that I am supposed to reduce my

641
00:32:40.160 --> 00:32:43.880
<v Speaker 17>level of noise and stop becoming a nuisance to my neighbors.

642
00:32:44.119 --> 00:32:47.759
<v Speaker 4>Oh do you think you make noise?

643
00:32:50.400 --> 00:32:52.599
<v Speaker 17>I don't think so. Like I talked with all of

644
00:32:52.640 --> 00:32:56.000
<v Speaker 17>my neighbors except for the ones upstairs, and I used

645
00:32:56.039 --> 00:32:59.079
<v Speaker 17>to talk with them as well until some changes have happened.

646
00:32:59.640 --> 00:33:04.119
<v Speaker 17>But I after that happened, after the complaint, I talked

647
00:33:04.160 --> 00:33:06.519
<v Speaker 17>to my neighbor through the wall and I was like, Hey,

648
00:33:07.000 --> 00:33:11.000
<v Speaker 17>here's what happened. If you hear anything from my apartment,

649
00:33:11.079 --> 00:33:13.039
<v Speaker 17>please let me know, because like, if you hear it

650
00:33:13.079 --> 00:33:16.000
<v Speaker 17>through the wall, and if I just turn it down,

651
00:33:16.119 --> 00:33:19.559
<v Speaker 17>then definitely somebody above me through the floor will not

652
00:33:19.680 --> 00:33:20.359
<v Speaker 17>hear anything.

653
00:33:20.400 --> 00:33:22.400
<v Speaker 3>But let me let me.

654
00:33:22.319 --> 00:33:24.279
<v Speaker 4>Ask you a couple of things. Let me ask you.

655
00:33:24.359 --> 00:33:26.400
<v Speaker 4>I want to hear your problem. Go ahead, what did

656
00:33:26.400 --> 00:33:27.319
<v Speaker 4>you say? Your problem is? What?

657
00:33:29.119 --> 00:33:32.160
<v Speaker 17>So I would like to know exactly what was written

658
00:33:32.200 --> 00:33:36.599
<v Speaker 17>in the complaint because when I asked the HI manager who, and.

659
00:33:36.599 --> 00:33:39.000
<v Speaker 3>You want to know that so you can address it.

660
00:33:40.559 --> 00:33:41.039
<v Speaker 2>Exactly.

661
00:33:41.119 --> 00:33:43.920
<v Speaker 17>I want to know because he mentioned something about me

662
00:33:44.000 --> 00:33:46.240
<v Speaker 17>not collaborating with the police, and it's like.

663
00:33:46.519 --> 00:33:48.720
<v Speaker 3>What have you ever? Have you ever talked?

664
00:33:48.839 --> 00:33:51.039
<v Speaker 4>Hold on, we'll come right back to you, and more

665
00:33:51.079 --> 00:33:55.519
<v Speaker 4>calls coming up. Go with a sure thing Denvers best Roofer,

666
00:33:55.640 --> 00:33:57.119
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667
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<v Speaker 3>You don't pay a cent until you're content.

668
00:34:00.119 --> 00:34:05.039
<v Speaker 4>Three leave time for an insurance check up free, no obligation.

669
00:34:05.079 --> 00:34:08.920
<v Speaker 4>In comparison, call Compass Insurance. Pay too much your coverage

670
00:34:08.920 --> 00:34:11.599
<v Speaker 4>at dozens of insurance companies find out now three oh

671
00:34:11.639 --> 00:34:14.119
<v Speaker 4>three seven seven to one help. You'll think you're his

672
00:34:14.280 --> 00:34:16.880
<v Speaker 4>only customer when you choose Frank durand the real estate

673
00:34:16.920 --> 00:34:20.199
<v Speaker 4>Man dot com to list your home with Remax Alliance.

674
00:34:20.400 --> 00:34:23.480
<v Speaker 4>Three oh three nine two zero sixteen twenty two.

675
00:34:23.639 --> 00:34:28.719
<v Speaker 1>Yeah, rip.

676
00:34:30.599 --> 00:34:31.280
<v Speaker 2>News.

677
00:34:32.079 --> 00:34:33.199
<v Speaker 1>Need advis who.

678
00:34:33.039 --> 00:34:33.599
<v Speaker 3>You don't have?

679
00:34:35.840 --> 00:34:40.079
<v Speaker 1>Come, run in just as fast as you can. Shooter's

680
00:34:40.159 --> 00:34:40.880
<v Speaker 1>gonna help.

681
00:34:41.159 --> 00:34:50.039
<v Speaker 2>Come man, This is the Troubleshooter Show. Now, Tom Martine, Hi.

682
00:34:50.000 --> 00:34:51.880
<v Speaker 3>Tom Martino here, Welcome to the show.

683
00:34:52.360 --> 00:34:55.719
<v Speaker 4>Three oh three seven one three talk seven one three

684
00:34:56.159 --> 00:34:57.360
<v Speaker 4>eight two five five.

685
00:34:57.599 --> 00:34:59.599
<v Speaker 3>How are you doing? What can we do for you?

686
00:34:59.679 --> 00:35:02.039
<v Speaker 4>Let me I know we are here to solve problems

687
00:35:02.039 --> 00:35:04.920
<v Speaker 4>and answer questions and take complaints and make your life

688
00:35:04.960 --> 00:35:08.360
<v Speaker 4>easier and just fight for truth justice in the American way.

689
00:35:09.199 --> 00:35:12.000
<v Speaker 4>So Brad O'Brien is with us, and I'll just go

690
00:35:12.119 --> 00:35:13.119
<v Speaker 4>right back to that shot.

691
00:35:13.880 --> 00:35:16.480
<v Speaker 3>He is with us.

692
00:35:16.519 --> 00:35:18.320
<v Speaker 4>He's a real estate attorney, but he knows a lot

693
00:35:18.320 --> 00:35:21.840
<v Speaker 4>about hua's and condominiums and all that. And so because

694
00:35:21.880 --> 00:35:25.679
<v Speaker 4>that's the part of real estate right so olslaw dot com.

695
00:35:25.679 --> 00:35:29.199
<v Speaker 4>Brad O'Brien, I'll give out a number later. And Catherine

696
00:35:29.199 --> 00:35:31.639
<v Speaker 4>says she had a complaint filed against her for being noisy.

697
00:35:31.760 --> 00:35:35.800
<v Speaker 4>She doesn't know specifically what the complaint said, but they

698
00:35:35.840 --> 00:35:39.800
<v Speaker 4>said she wasn't cooperating with police and she was noisy. So, Catherine,

699
00:35:39.800 --> 00:35:41.880
<v Speaker 4>I want to ask a few questions first and then

700
00:35:41.920 --> 00:35:42.679
<v Speaker 4>Brad does.

701
00:35:42.519 --> 00:35:44.440
<v Speaker 3>Want to weigh in on this on your rights.

702
00:35:44.639 --> 00:35:48.960
<v Speaker 4>So, Catherine, do you never ever encountered the police regarding

703
00:35:49.000 --> 00:35:50.039
<v Speaker 4>a complaint for noise?

704
00:35:50.119 --> 00:35:50.400
<v Speaker 3>Ever?

705
00:35:52.199 --> 00:35:54.800
<v Speaker 17>I did want about a year?

706
00:35:54.840 --> 00:35:58.880
<v Speaker 4>Okay, well during that how long ago? Catherine? Catherine, about

707
00:35:58.920 --> 00:36:01.039
<v Speaker 4>a year ago? And what was what was it like?

708
00:36:01.119 --> 00:36:01.920
<v Speaker 4>What did they say?

709
00:36:04.239 --> 00:36:07.320
<v Speaker 17>So they came in and they told me I was

710
00:36:07.360 --> 00:36:12.320
<v Speaker 17>too noisy At the time I was. I know that

711
00:36:13.280 --> 00:36:16.360
<v Speaker 17>I had a huge role with my parents and I

712
00:36:16.480 --> 00:36:19.639
<v Speaker 17>was listening to music. Afterwards, I was stressed. I did

713
00:36:19.679 --> 00:36:22.400
<v Speaker 17>not realize. So they came in. They told me that

714
00:36:22.800 --> 00:36:25.519
<v Speaker 17>I turned it down. Everything is fine.

715
00:36:25.639 --> 00:36:26.039
<v Speaker 13>They left.

716
00:36:26.039 --> 00:36:30.920
<v Speaker 17>They were understanding too, like the police was, so I thought, and.

717
00:36:30.920 --> 00:36:33.880
<v Speaker 3>You never and you never argued with them. You never

718
00:36:34.079 --> 00:36:35.000
<v Speaker 3>argued with them.

719
00:36:35.920 --> 00:36:38.679
<v Speaker 17>No, Like I know I was loud, I did not

720
00:36:38.800 --> 00:36:40.039
<v Speaker 17>realize then.

721
00:36:40.480 --> 00:36:43.039
<v Speaker 3>Did you hear anything since then about noise?

722
00:36:45.880 --> 00:36:53.199
<v Speaker 17>Not until this last complaint and that was from the HOA.

723
00:36:53.320 --> 00:36:56.880
<v Speaker 17>I never heard from the police.

724
00:36:59.360 --> 00:37:02.679
<v Speaker 3>Okay, And when did the one come in from the

725
00:37:02.840 --> 00:37:03.119
<v Speaker 3>h u A.

726
00:37:06.480 --> 00:37:10.280
<v Speaker 17>Still, let me just just double check. That was in November,

727
00:37:10.360 --> 00:37:11.639
<v Speaker 17>end of November last year.

728
00:37:13.119 --> 00:37:14.920
<v Speaker 3>And what has been doing? What? What?

729
00:37:14.920 --> 00:37:17.360
<v Speaker 4>What is the consequence of this complaint? In other words,

730
00:37:17.719 --> 00:37:21.760
<v Speaker 4>what did they say you're fined? Did they say you're

731
00:37:21.800 --> 00:37:24.320
<v Speaker 4>still doing it? I mean, what if you got this

732
00:37:24.400 --> 00:37:28.519
<v Speaker 4>complaint in November, why are you calling me today?

733
00:37:28.639 --> 00:37:31.719
<v Speaker 17>Because like there was no consequences. But it worries me,

734
00:37:31.880 --> 00:37:35.639
<v Speaker 17>Like I don't I was trying to figure out how

735
00:37:35.719 --> 00:37:41.880
<v Speaker 17>to get the complaint itself, how to look at it.

736
00:37:41.960 --> 00:37:45.679
<v Speaker 4>Okay, so you're but but but basically since that, let

737
00:37:45.679 --> 00:37:51.000
<v Speaker 4>me get this straight. Since that notice, nothing else has happened.

738
00:37:51.559 --> 00:37:54.920
<v Speaker 17>Nothing, nothing whatsoever. Okay, we just exchanged it.

739
00:37:54.960 --> 00:38:00.280
<v Speaker 4>Okay, that's good. H Well, that's good. That's good. That's good. Okay,

740
00:38:00.599 --> 00:38:04.320
<v Speaker 4>I would drop it. But but you worried because you

741
00:38:04.320 --> 00:38:05.480
<v Speaker 4>don't want to duplicate it.

742
00:38:06.920 --> 00:38:10.440
<v Speaker 17>No, no, no, no, no. It worries me that they

743
00:38:10.519 --> 00:38:14.480
<v Speaker 17>are talking about the police. It's like I haven't done anything,

744
00:38:15.039 --> 00:38:17.039
<v Speaker 17>and this sounds like okurious accusation.

745
00:38:18.400 --> 00:38:23.480
<v Speaker 3>Okay, well, but nothing came of it. Nothing came of it.

746
00:38:23.840 --> 00:38:26.960
<v Speaker 18>They didn't call the police again, Catherine, I would just

747
00:38:26.960 --> 00:38:29.039
<v Speaker 18>just let it go and make sure you keep your

748
00:38:29.679 --> 00:38:30.280
<v Speaker 18>radio over.

749
00:38:30.360 --> 00:38:33.960
<v Speaker 4>Brad O'Brien down, Okay, let's weigh in with Brad O'Brien,

750
00:38:34.039 --> 00:38:34.960
<v Speaker 4>attorney at law.

751
00:38:35.119 --> 00:38:37.760
<v Speaker 5>Hold on, Brad, Yeah, I think a HOA unit owner

752
00:38:38.039 --> 00:38:40.719
<v Speaker 5>is entitled to procedural due process if they're going to

753
00:38:40.760 --> 00:38:43.360
<v Speaker 5>be facing a fine by the HUA.

754
00:38:43.599 --> 00:38:46.000
<v Speaker 6>But so that would include.

755
00:38:45.559 --> 00:38:49.280
<v Speaker 5>A notice of violation in writing, and also to know

756
00:38:49.320 --> 00:38:51.119
<v Speaker 5>the facts of the complaint that was made against them.

757
00:38:51.119 --> 00:38:53.920
<v Speaker 6>I don't believe that the KaiA Wa the Hoa statute.

758
00:38:54.079 --> 00:38:56.920
<v Speaker 5>Gives you the right to see the actual complaint that

759
00:38:57.000 --> 00:38:57.840
<v Speaker 5>the other person made.

760
00:38:57.920 --> 00:38:59.280
<v Speaker 6>But I think you should be able to know the

761
00:38:59.280 --> 00:38:59.719
<v Speaker 6>facts of.

762
00:38:59.679 --> 00:39:03.480
<v Speaker 3>That, Okay, even now with just a notice.

763
00:39:03.199 --> 00:39:04.920
<v Speaker 6>No not now, there's no controversy.

764
00:39:05.000 --> 00:39:06.360
<v Speaker 3>Right now, there's no controversy.

765
00:39:06.599 --> 00:39:09.920
<v Speaker 4>So but unless they were taking action on it, then

766
00:39:09.960 --> 00:39:12.239
<v Speaker 4>you could know the details. But the details wouldn't be

767
00:39:12.280 --> 00:39:15.519
<v Speaker 4>who did it. The details would be the details might

768
00:39:15.559 --> 00:39:20.679
<v Speaker 4>have a few dates and specifics, but right now, because

769
00:39:20.840 --> 00:39:23.679
<v Speaker 4>it was simply a notice, but right now because it

770
00:39:23.760 --> 00:39:24.679
<v Speaker 4>was simply a notice.

771
00:39:24.800 --> 00:39:26.800
<v Speaker 3>Catherine, it's not going to happen.

772
00:39:28.639 --> 00:39:31.920
<v Speaker 5>Yeah, there's gonna be a hearing on a noise complaint.

773
00:39:31.920 --> 00:39:34.679
<v Speaker 5>That's when she would have these discovery rights.

774
00:39:36.760 --> 00:39:43.360
<v Speaker 4>Okay, I mean ken, Okay, Yeah, Going in.

775
00:39:43.320 --> 00:39:49.400
<v Speaker 17>The future, if I have another complaint, what are my rights?

776
00:39:49.480 --> 00:39:49.559
<v Speaker 13>Like?

777
00:39:50.119 --> 00:39:53.920
<v Speaker 17>What where can I go if the HOA manager tells

778
00:39:53.960 --> 00:39:56.480
<v Speaker 17>me that he is not going to give me any

779
00:39:56.519 --> 00:40:01.119
<v Speaker 17>details about the complaints? Where can I go to get

780
00:40:01.119 --> 00:40:01.719
<v Speaker 17>that from?

781
00:40:01.840 --> 00:40:04.239
<v Speaker 10>But if he's but if the manager is not doing

782
00:40:04.280 --> 00:40:06.079
<v Speaker 10>anything about it, what's different?

783
00:40:06.719 --> 00:40:10.039
<v Speaker 17>Yes, yes, I need, I know, I know. But if

784
00:40:10.199 --> 00:40:13.360
<v Speaker 17>in the future, if something happens, I hope it won't,

785
00:40:13.480 --> 00:40:16.320
<v Speaker 17>I will make sure that I'm quiet and everything. But like,

786
00:40:17.480 --> 00:40:21.760
<v Speaker 17>I don't know what how to defend myself. I basically

787
00:40:22.000 --> 00:40:25.039
<v Speaker 17>I waited for so long because I feel powerless. I

788
00:40:25.079 --> 00:40:27.039
<v Speaker 17>feel like I don't know where to go. I don't

789
00:40:27.079 --> 00:40:29.719
<v Speaker 17>know who to ask about stuff like this. I read

790
00:40:29.760 --> 00:40:33.519
<v Speaker 17>the hol rules and regulations that we have for our

791
00:40:34.119 --> 00:40:38.519
<v Speaker 17>for our condo complex, but it doesn't specify what is

792
00:40:38.559 --> 00:40:43.440
<v Speaker 17>the course of action that the owner can take when

793
00:40:43.519 --> 00:40:47.119
<v Speaker 17>there is a complaint against them. It does say that

794
00:40:47.679 --> 00:40:50.400
<v Speaker 17>I have I believe it was like twelve days or

795
00:40:50.440 --> 00:40:55.679
<v Speaker 17>fifteen days to make a response, but I did not.

796
00:40:55.920 --> 00:40:59.079
<v Speaker 17>I that window has tasted already. But I would like

797
00:40:59.119 --> 00:41:01.239
<v Speaker 17>to know in the future if there is a complaint

798
00:41:01.360 --> 00:41:04.760
<v Speaker 17>against me or any of my friends who own or anything,

799
00:41:05.360 --> 00:41:08.079
<v Speaker 17>what can we do, Where can we find out about

800
00:41:08.119 --> 00:41:09.480
<v Speaker 17>the specifics?

801
00:41:09.519 --> 00:41:12.320
<v Speaker 3>And is it only but that's going to be governed

802
00:41:13.960 --> 00:41:15.360
<v Speaker 3>if it's just a complaint.

803
00:41:15.400 --> 00:41:18.199
<v Speaker 10>I still don't understand if they're not trying to take

804
00:41:18.239 --> 00:41:22.800
<v Speaker 10>any action. Who cares if someone complains, because I think

805
00:41:22.800 --> 00:41:24.400
<v Speaker 10>we should take a look at this letter.

806
00:41:26.199 --> 00:41:27.400
<v Speaker 3>But they did not.

807
00:41:27.760 --> 00:41:31.719
<v Speaker 4>And when at such time, at such time that they

808
00:41:31.800 --> 00:41:35.320
<v Speaker 4>take action is when you can ask for specifics, but

809
00:41:35.400 --> 00:41:37.280
<v Speaker 4>you're not going to find out who's doing it.

810
00:41:37.960 --> 00:41:40.320
<v Speaker 3>I mean, I think you're you know what, Catherine, how

811
00:41:40.320 --> 00:41:41.960
<v Speaker 3>old are you right now? I'm just curious how old

812
00:41:41.960 --> 00:41:42.159
<v Speaker 3>are you?

813
00:41:43.199 --> 00:41:43.960
<v Speaker 17>I'm thirty five?

814
00:41:45.800 --> 00:41:50.320
<v Speaker 3>Oh, you're young? Young? Young? Okay, Okay. I think that

815
00:41:51.440 --> 00:41:53.000
<v Speaker 3>are people around you older.

816
00:41:55.280 --> 00:41:55.920
<v Speaker 2>Some of them.

817
00:41:56.119 --> 00:41:59.519
<v Speaker 17>Some of them aren't the neighbors above me who started

818
00:41:59.519 --> 00:42:02.800
<v Speaker 17>the whole thing there about my age?

819
00:42:03.079 --> 00:42:03.440
<v Speaker 3>Okay.

820
00:42:03.440 --> 00:42:06.800
<v Speaker 4>What I'm thinking is there could be there are people

821
00:42:06.880 --> 00:42:09.679
<v Speaker 4>sometimes that just lay low and look for problems.

822
00:42:09.280 --> 00:42:11.639
<v Speaker 3>You know, And it depends sometimes when.

823
00:42:11.480 --> 00:42:14.960
<v Speaker 4>There's if somebody, if somebody's much younger, or you know,

824
00:42:15.440 --> 00:42:18.679
<v Speaker 4>I mean, but sometimes that happens. But I don't get

825
00:42:18.679 --> 00:42:21.239
<v Speaker 4>the sense that's happening. You only had one complaints that

826
00:42:21.320 --> 00:42:21.880
<v Speaker 4>you've been there.

827
00:42:23.679 --> 00:42:27.320
<v Speaker 17>Yeah that's true. Yeah, no, so don't worry about it.

828
00:42:27.719 --> 00:42:29.119
<v Speaker 3>I would go about mcatherine.

829
00:42:29.159 --> 00:42:31.800
<v Speaker 4>I think you're you're letting it take up too much

830
00:42:31.840 --> 00:42:33.239
<v Speaker 4>real estate right now in your brain.

831
00:42:33.679 --> 00:42:34.599
<v Speaker 3>I mean, I really do.

832
00:42:35.000 --> 00:42:38.800
<v Speaker 4>If it becomes a habit and these keep coming, if

833
00:42:38.840 --> 00:42:40.039
<v Speaker 4>there's a consequence.

834
00:42:40.760 --> 00:42:45.400
<v Speaker 19>Then I heard something that Catherine said that's kind of concerning.

835
00:42:45.480 --> 00:42:47.559
<v Speaker 19>She said this letter she got a few months ago.

836
00:42:47.920 --> 00:42:48.840
<v Speaker 3>It was in November.

837
00:42:48.960 --> 00:42:52.119
<v Speaker 19>Yeah, gave her twelve days to respond to something.

838
00:42:53.079 --> 00:42:55.039
<v Speaker 3>Was there something that wanted to response?

839
00:42:56.760 --> 00:43:01.079
<v Speaker 17>He said that the a joint manager said that I

840
00:43:01.360 --> 00:43:06.679
<v Speaker 17>have twelve days. I had twelve days to respond to

841
00:43:06.920 --> 00:43:08.280
<v Speaker 17>the complaint against me.

842
00:43:10.360 --> 00:43:12.800
<v Speaker 19>Well complete, so multiple complaints.

843
00:43:12.840 --> 00:43:16.159
<v Speaker 3>No the complaint because she said complaints there one.

844
00:43:16.960 --> 00:43:21.880
<v Speaker 17>The one that's the one that they made about the

845
00:43:21.960 --> 00:43:23.519
<v Speaker 17>no one.

846
00:43:23.760 --> 00:43:26.320
<v Speaker 3>So there's only been one. Yes, there has been one.

847
00:43:26.400 --> 00:43:28.719
<v Speaker 3>God I turned. I'd say they're too loud.

848
00:43:28.880 --> 00:43:30.960
<v Speaker 10>I mean, just do it. Just go say hey, my

849
00:43:31.000 --> 00:43:34.480
<v Speaker 10>neighbors are being too loud. So I've gotten a letter.

850
00:43:34.639 --> 00:43:36.559
<v Speaker 4>I got a letter from or an email from my

851
00:43:36.800 --> 00:43:39.320
<v Speaker 4>Hua saying and there was a little picture in there

852
00:43:39.360 --> 00:43:42.679
<v Speaker 4>saying that my my green garbage.

853
00:43:42.719 --> 00:43:44.280
<v Speaker 3>Can you know the one with the lid on? It

854
00:43:44.800 --> 00:43:46.159
<v Speaker 3>can be seen from the street.

855
00:43:46.280 --> 00:43:50.239
<v Speaker 4>You know, now, as you're walking behind the sidewalk, if

856
00:43:50.280 --> 00:43:55.079
<v Speaker 4>you stop, literally, there's one spot two feet two feet

857
00:43:55.119 --> 00:43:58.000
<v Speaker 4>area that if you're in that two feet area and.

858
00:43:57.880 --> 00:44:03.239
<v Speaker 3>You peek behind my gate, the metal gate, you can see.

859
00:44:03.280 --> 00:44:06.599
<v Speaker 4>The corner of that. Can you really can? So I said,

860
00:44:07.360 --> 00:44:10.639
<v Speaker 4>I noted, and I moved it. Thank you for letting

861
00:44:10.639 --> 00:44:13.760
<v Speaker 4>me know now what I would say, Katherine, I would

862
00:44:13.800 --> 00:44:15.360
<v Speaker 4>have Did you respond.

863
00:44:14.960 --> 00:44:15.679
<v Speaker 3>To them back then?

864
00:44:17.199 --> 00:44:20.440
<v Speaker 17>No? I wanted to find out first what the complaint.

865
00:44:20.480 --> 00:44:23.920
<v Speaker 4>Well now it's way late, it's way more. Yeah, well

866
00:44:23.960 --> 00:44:24.760
<v Speaker 4>it's too late now.

867
00:44:24.840 --> 00:44:28.360
<v Speaker 3>So she knew what the complaint to leave it alone.

868
00:44:29.480 --> 00:44:33.320
<v Speaker 4>I'd leave it alone, I just Catherine, I really would,

869
00:44:33.360 --> 00:44:35.039
<v Speaker 4>Honest to god, I don't think they're out for you.

870
00:44:35.079 --> 00:44:36.719
<v Speaker 4>I don't think they're out to get you. I think

871
00:44:36.880 --> 00:44:38.599
<v Speaker 4>you know, you might have had a period in there

872
00:44:38.599 --> 00:44:41.480
<v Speaker 4>where you were noisy and upset. It's done, it's over.

873
00:44:41.679 --> 00:44:44.199
<v Speaker 4>Forget it. If you get another complaint. What I would

874
00:44:44.239 --> 00:44:47.280
<v Speaker 4>say is this. Here's what I would say. This is

875
00:44:47.320 --> 00:44:50.800
<v Speaker 4>the second complaint I've gotten, and I want to cooperate

876
00:44:50.920 --> 00:44:54.039
<v Speaker 4>in every way possible. If I could have more specifics,

877
00:44:54.079 --> 00:44:57.119
<v Speaker 4>it could help me. Was it music? Was it walking?

878
00:44:57.480 --> 00:45:02.159
<v Speaker 4>Was it talking? Just help me get this rectified. People

879
00:45:02.280 --> 00:45:04.840
<v Speaker 4>like when you do that, they'll tell you. They'll say, Okay,

880
00:45:05.119 --> 00:45:08.119
<v Speaker 4>I mean you know what I'm saying. As opposed to

881
00:45:08.280 --> 00:45:10.639
<v Speaker 4>I demand details. I want to know who, I want

882
00:45:10.639 --> 00:45:12.800
<v Speaker 4>to know what I want to I would just if

883
00:45:12.840 --> 00:45:16.639
<v Speaker 4>you get it again, I promise you respond that way, like,

884
00:45:16.800 --> 00:45:19.960
<v Speaker 4>this is the second complaint I've gotten, and I'm curious

885
00:45:20.199 --> 00:45:23.519
<v Speaker 4>what I can do to help. If I had details,

886
00:45:23.559 --> 00:45:26.440
<v Speaker 4>it would help me rectify the situation. So you're asking

887
00:45:26.480 --> 00:45:29.760
<v Speaker 4>for information in a positive way. Was it walking talking?

888
00:45:30.800 --> 00:45:35.519
<v Speaker 4>Was it music? Because one time, years ago, I had

889
00:45:36.239 --> 00:45:41.079
<v Speaker 4>a penthouse apartment and excuse me, condo over at Landmark

890
00:45:41.679 --> 00:45:45.599
<v Speaker 4>storing my transition many years ago, and my kids would

891
00:45:45.639 --> 00:45:49.480
<v Speaker 4>come and stay with me, and these are rock solid units.

892
00:45:49.840 --> 00:45:53.360
<v Speaker 4>But I got a complain and they were very specific

893
00:45:54.440 --> 00:45:57.760
<v Speaker 4>running you know, pounty on the floors, and I knew it.

894
00:45:57.800 --> 00:45:59.840
<v Speaker 4>I knew it was when the kids come. So I said, oh,

895
00:45:59.880 --> 00:46:02.119
<v Speaker 4>I'm I'm very sorry. It's when my kids are here,

896
00:46:02.159 --> 00:46:05.519
<v Speaker 4>I'll make sure I address it. Because they were hardwood floors,

897
00:46:05.519 --> 00:46:07.679
<v Speaker 4>and they said, it's sometimes better if you have rugs

898
00:46:07.760 --> 00:46:10.880
<v Speaker 4>or whatever. But you just I don't think people are

899
00:46:10.880 --> 00:46:13.320
<v Speaker 4>out to get people. I really don't. I think it's

900
00:46:13.320 --> 00:46:16.760
<v Speaker 4>few and far between them. Yeah, because it's a congruent

901
00:46:16.880 --> 00:46:19.639
<v Speaker 4>with this topic. When Susanna and I first moved here,

902
00:46:20.039 --> 00:46:22.440
<v Speaker 4>we were in an apartment called Pebble Creek over in

903
00:46:22.960 --> 00:46:26.679
<v Speaker 4>Littleton or Lakewood, I forget which one. And the people

904
00:46:26.719 --> 00:46:30.000
<v Speaker 4>above us or I'm sorry, the people below us started

905
00:46:30.000 --> 00:46:32.960
<v Speaker 4>complaining because we both worked till seven or eight o'clock

906
00:46:33.000 --> 00:46:35.599
<v Speaker 4>at night, and we would do laundry at night, and

907
00:46:35.639 --> 00:46:36.840
<v Speaker 4>they didn't like the washer.

908
00:46:37.119 --> 00:46:39.639
<v Speaker 10>They would complain that we were walking around we were

909
00:46:39.719 --> 00:46:42.440
<v Speaker 10>just too loud. They literally even called the cops on

910
00:46:42.559 --> 00:46:47.599
<v Speaker 10>us a couple times. Okay, so guess what she does.

911
00:46:47.880 --> 00:46:48.159
<v Speaker 3>Why?

912
00:46:48.679 --> 00:46:52.559
<v Speaker 10>The woman has a baby, the most colicky child I've

913
00:46:52.599 --> 00:46:55.400
<v Speaker 10>ever heard in my life. So I would record her

914
00:46:55.480 --> 00:46:57.840
<v Speaker 10>kids screaming all night, and I called the cops on

915
00:46:57.920 --> 00:47:00.960
<v Speaker 10>her about twenty times. And that's I won the war.

916
00:47:01.320 --> 00:47:05.960
<v Speaker 10>She started the battle. I won the war. Oh Son

917
00:47:06.320 --> 00:47:07.239
<v Speaker 10>that's so big of you.

918
00:47:09.039 --> 00:47:09.440
<v Speaker 3>Thank you.

919
00:47:09.800 --> 00:47:13.360
<v Speaker 4>I'm just kidding. I'm just kidding. One Clear Choice Garage Doors.

920
00:47:13.679 --> 00:47:15.920
<v Speaker 4>I can't say enough about these guys. I've They've been

921
00:47:16.159 --> 00:47:18.360
<v Speaker 4>with me for so many years I've been promoting them.

922
00:47:18.719 --> 00:47:21.519
<v Speaker 4>They'll do general inspections of your door. They'll do maintenance

923
00:47:21.719 --> 00:47:24.199
<v Speaker 4>twenty four to seven, like if your spring breaks and

924
00:47:24.239 --> 00:47:26.000
<v Speaker 4>you can't get the door open, or you can't get

925
00:47:26.039 --> 00:47:29.000
<v Speaker 4>a close and your house is insecure. But they also

926
00:47:29.079 --> 00:47:33.000
<v Speaker 4>do anything about the door, the opener, any part of

927
00:47:33.039 --> 00:47:36.280
<v Speaker 4>the opener. They do repairs and adjustments. And they're one

928
00:47:36.280 --> 00:47:39.519
<v Speaker 4>clear Choice Garage Doors. The website, though, is one Clear

929
00:47:39.719 --> 00:47:44.920
<v Speaker 4>Choice Doors dot Com seven to zero, three seven zero

930
00:47:45.119 --> 00:47:53.840
<v Speaker 4>thirty nine eighty seven. Go with a sure thing Denver's

931
00:47:53.880 --> 00:47:56.760
<v Speaker 4>Best Roofer Excel Roofing dot com. You don't pay a

932
00:47:56.840 --> 00:48:03.320
<v Speaker 4>cent until you're content. Time for an insurance check up free,

933
00:48:03.400 --> 00:48:07.159
<v Speaker 4>no obligation. In comparison, call Compass Insurance paying too much

934
00:48:07.280 --> 00:48:10.199
<v Speaker 4>your coverage at dozens of insurance companies find out now

935
00:48:10.280 --> 00:48:12.800
<v Speaker 4>three all three seven, seven to one help. You'll think

936
00:48:12.800 --> 00:48:15.400
<v Speaker 4>you're his only customer when you choose Frank durand the

937
00:48:15.440 --> 00:48:18.079
<v Speaker 4>real estate Man dot com to list your home with

938
00:48:18.199 --> 00:48:21.760
<v Speaker 4>Remax Alliance three oh three nine two zero sixteen twenty two.

939
00:48:27.440 --> 00:48:31.159
<v Speaker 4>Hi Tom Martino, you're troubleshooter three all three seven one

940
00:48:31.199 --> 00:48:33.679
<v Speaker 4>three talk three oh three seven one three eight two

941
00:48:33.719 --> 00:48:34.320
<v Speaker 4>five five.

942
00:48:35.800 --> 00:48:36.440
<v Speaker 3>Okay, So.

943
00:48:39.320 --> 00:48:42.400
<v Speaker 4>We are discussing all kinds of stuff, but part of

944
00:48:42.400 --> 00:48:45.280
<v Speaker 4>its real estate, which a man, real estate enters into

945
00:48:45.280 --> 00:48:48.800
<v Speaker 4>so many areas of law, I'm gonna ask something silly,

946
00:48:49.360 --> 00:48:50.880
<v Speaker 4>It's not silly, I'm gonna ask it.

947
00:48:52.440 --> 00:48:55.480
<v Speaker 3>Real estate was never an area of law that really

948
00:48:55.559 --> 00:48:58.360
<v Speaker 3>had a lot of a not really, I.

949
00:48:58.239 --> 00:49:02.800
<v Speaker 4>Mean like it does now because because now you people

950
00:49:02.840 --> 00:49:06.159
<v Speaker 4>don't stand houses their whole lives anymore. I mean, you know,

951
00:49:08.480 --> 00:49:16.760
<v Speaker 4>three to five years, sometimes seven years. Well landlartenant, uhtenant

952
00:49:16.800 --> 00:49:17.440
<v Speaker 4>totally different.

953
00:49:17.440 --> 00:49:21.760
<v Speaker 5>We're not not a big thing historically, but uh, when

954
00:49:21.760 --> 00:49:24.079
<v Speaker 5>you're buying or selling property, or especially buying property, you

955
00:49:24.079 --> 00:49:26.400
<v Speaker 5>want to understand that the seller has good title to

956
00:49:26.400 --> 00:49:28.360
<v Speaker 5>what they're selling you. And so that's that's the core

957
00:49:28.840 --> 00:49:31.320
<v Speaker 5>thing that a real estate attorney helps you with, is

958
00:49:32.239 --> 00:49:34.719
<v Speaker 5>reviewing title and making sure you get what you think

959
00:49:34.719 --> 00:49:35.159
<v Speaker 5>you're buying.

960
00:49:35.239 --> 00:49:39.760
<v Speaker 4>I think people misunderstand title insurance.

961
00:49:40.920 --> 00:49:42.159
<v Speaker 3>And correct me if I'm wrong.

962
00:49:43.800 --> 00:49:48.880
<v Speaker 4>Title insurance says mister customer of ours, We're going to

963
00:49:48.920 --> 00:49:52.079
<v Speaker 4>search the property you're buying, and we're going to see

964
00:49:52.079 --> 00:49:56.559
<v Speaker 4>if there's anything recorded against the title or any dangers

965
00:49:56.800 --> 00:50:01.119
<v Speaker 4>to the title that could encroach upon your ownership or

966
00:50:01.159 --> 00:50:05.880
<v Speaker 4>diminish your ownership. If we find them, we're going to

967
00:50:06.000 --> 00:50:10.280
<v Speaker 4>list them, and then we're going to ensure that.

968
00:50:10.159 --> 00:50:11.920
<v Speaker 3>We did an accurate search.

969
00:50:13.280 --> 00:50:17.760
<v Speaker 4>So if something comes up that we missed, that is

970
00:50:17.800 --> 00:50:22.159
<v Speaker 4>the title insurance. It is not part of the stuff

971
00:50:22.199 --> 00:50:26.480
<v Speaker 4>they found and it is not part of something that

972
00:50:26.599 --> 00:50:28.400
<v Speaker 4>was not reported or recorded.

973
00:50:28.639 --> 00:50:29.400
<v Speaker 3>Is that correct?

974
00:50:29.679 --> 00:50:30.400
<v Speaker 6>That is correct.

975
00:50:30.760 --> 00:50:34.679
<v Speaker 5>Title insurance policies very limited. Yeah, they don't give you

976
00:50:35.000 --> 00:50:37.760
<v Speaker 5>the full history of the title back to patent, you know,

977
00:50:37.760 --> 00:50:40.079
<v Speaker 5>when it was opened by the federal government. That would

978
00:50:40.119 --> 00:50:43.559
<v Speaker 5>be called an abstract right only in some a few

979
00:50:43.599 --> 00:50:48.400
<v Speaker 5>jurisdictions across the country, like Oklahoma or perhaps eastern County

980
00:50:48.400 --> 00:50:49.039
<v Speaker 5>of Colorado.

981
00:50:49.119 --> 00:50:49.960
<v Speaker 6>Would you actually do.

982
00:50:50.039 --> 00:50:52.840
<v Speaker 5>Still do an abstract or title the shows every single

983
00:50:52.880 --> 00:50:56.360
<v Speaker 5>owner in all of its history. Now, title companies just

984
00:50:56.440 --> 00:50:59.800
<v Speaker 5>give you that stated history of what's relevant now on

985
00:50:59.840 --> 00:51:02.800
<v Speaker 5>the title of a property, and if they miss something

986
00:51:02.840 --> 00:51:06.480
<v Speaker 5>that causes title to be unmerchantable so not good title,

987
00:51:06.719 --> 00:51:07.960
<v Speaker 5>then that's what they're insuring against.

988
00:51:08.119 --> 00:51:11.199
<v Speaker 3>But only if they only if they did not find it.

989
00:51:11.679 --> 00:51:15.039
<v Speaker 5>Right, if they disclosed it and put it on the

990
00:51:15.119 --> 00:51:17.760
<v Speaker 5>exceptions list, then you don't have Then it's out there,

991
00:51:18.199 --> 00:51:20.119
<v Speaker 5>it's disclosed, and you say you have title.

992
00:51:20.000 --> 00:51:22.800
<v Speaker 4>Insurance for Yeah, you don't have title insurance for anything

993
00:51:22.840 --> 00:51:27.159
<v Speaker 4>they list. Now, here's always been the argument with title insurance.

994
00:51:28.679 --> 00:51:33.119
<v Speaker 4>We missed it, but it wasn't there. It wasn't anywhere

995
00:51:33.239 --> 00:51:36.639
<v Speaker 4>in cyberspace, it wasn't anywhere, so we're not ensuring it.

996
00:51:37.039 --> 00:51:40.239
<v Speaker 6>Yeah, there are. Title policies have many exceptions, that's right.

997
00:51:40.280 --> 00:51:42.679
<v Speaker 4>And one of them is if it's not of record,

998
00:51:42.880 --> 00:51:45.840
<v Speaker 4>and I say, well, I can do a surge. In

999
00:51:45.880 --> 00:51:51.159
<v Speaker 4>other words, so Brad, what could happen that was not

1000
00:51:51.280 --> 00:51:53.039
<v Speaker 4>of record that they must ensure?

1001
00:51:53.119 --> 00:51:54.079
<v Speaker 3>I don't think they have to.

1002
00:51:54.920 --> 00:51:58.400
<v Speaker 5>Well, for example, a mechanics lean can actually work backwards

1003
00:51:58.440 --> 00:52:03.119
<v Speaker 5>in time and can be recorded after a closing, and

1004
00:52:03.239 --> 00:52:06.320
<v Speaker 5>it can actually have a retroactive effect to before the closing.

1005
00:52:06.440 --> 00:52:09.039
<v Speaker 3>So would that be covered, Yes, it would, It really would.

1006
00:52:09.159 --> 00:52:13.559
<v Speaker 4>So if it wasn't recorded at time of closing, so they.

1007
00:52:13.400 --> 00:52:15.800
<v Speaker 3>Didn't, they didn't list it, they.

1008
00:52:15.599 --> 00:52:19.559
<v Speaker 4>Could say the customer could say you better ensure me,

1009
00:52:19.840 --> 00:52:22.840
<v Speaker 4>and the title insurance company can't say, well, there was

1010
00:52:22.880 --> 00:52:24.119
<v Speaker 4>no way for us to know.

1011
00:52:24.400 --> 00:52:27.320
<v Speaker 5>You know, some title policies insured against mechanics laens that

1012
00:52:27.360 --> 00:52:30.599
<v Speaker 5>others don't. And it's important to have an attorney review

1013
00:52:30.840 --> 00:52:32.199
<v Speaker 5>the title commitment that you're receiving.

1014
00:52:32.239 --> 00:52:34.000
<v Speaker 3>Have you seen good and bad commitments?

1015
00:52:34.159 --> 00:52:36.960
<v Speaker 5>Yes, well, I've seen things on an exceptions list of

1016
00:52:36.960 --> 00:52:40.679
<v Speaker 5>a title policy that you should not accept. But title

1017
00:52:40.760 --> 00:52:43.079
<v Speaker 5>insurance companies will put those things on the exceptions list

1018
00:52:43.920 --> 00:52:46.800
<v Speaker 5>that they're not going to ensure for, and many buyers

1019
00:52:46.800 --> 00:52:48.880
<v Speaker 5>just go along with it, but they don't know that

1020
00:52:48.920 --> 00:52:49.719
<v Speaker 5>they shouldn't access.

1021
00:52:49.800 --> 00:52:53.519
<v Speaker 4>So let's talk about coming up that retroactivity.

1022
00:52:54.440 --> 00:52:58.280
<v Speaker 3>But I want to take James first. James, what's going on? James?

1023
00:53:00.000 --> 00:53:03.480
<v Speaker 3>What's happening? Brother? Yes? I Ken, James.

1024
00:53:04.039 --> 00:53:04.360
<v Speaker 7>Okay.

1025
00:53:04.400 --> 00:53:06.960
<v Speaker 13>So I'm down here in Colorado Springs and in May

1026
00:53:08.039 --> 00:53:10.760
<v Speaker 13>I was in a traffic accident on I twenty five.

1027
00:53:10.840 --> 00:53:14.920
<v Speaker 13>I got a ticket from the state patrol and I

1028
00:53:14.920 --> 00:53:17.079
<v Speaker 13>didn't think I deserved the ticket. So I showed up

1029
00:53:17.119 --> 00:53:21.079
<v Speaker 13>to court and said, I don't think I'm guilty of that,

1030
00:53:21.199 --> 00:53:22.679
<v Speaker 13>and he said it for a hearing.

1031
00:53:23.480 --> 00:53:23.920
<v Speaker 3>What were you?

1032
00:53:23.960 --> 00:53:24.079
<v Speaker 14>What?

1033
00:53:24.119 --> 00:53:24.360
<v Speaker 1>Wait?

1034
00:53:24.639 --> 00:53:26.760
<v Speaker 4>Let me ask you a quick question bro a quick question.

1035
00:53:26.800 --> 00:53:27.920
<v Speaker 3>What was the ticket for.

1036
00:53:29.360 --> 00:53:30.719
<v Speaker 13>Following too closely?

1037
00:53:32.280 --> 00:53:33.920
<v Speaker 3>Okay, go ahead, keep going.

1038
00:53:34.199 --> 00:53:37.719
<v Speaker 13>Yeah, my my questions really aren't really related to the

1039
00:53:37.760 --> 00:53:42.000
<v Speaker 13>traffic ticket, but more Okay, lawyer that I hired to

1040
00:53:42.119 --> 00:53:46.760
<v Speaker 13>defend me, so I should can't keep going the first

1041
00:53:46.760 --> 00:53:51.400
<v Speaker 13>hearing and I pled not guilty, and they set it

1042
00:53:51.480 --> 00:53:56.679
<v Speaker 13>for a hearing. I show up for the hearing and

1043
00:53:56.760 --> 00:53:58.639
<v Speaker 13>the State Patrol is there and I said, well, I'm

1044
00:53:58.639 --> 00:54:00.360
<v Speaker 13>going to get a lawyer. So they re said it

1045
00:54:02.239 --> 00:54:04.079
<v Speaker 13>and another month and a.

1046
00:54:04.039 --> 00:54:06.840
<v Speaker 4>Half, Oh say so wait, wait, wait, so you hired

1047
00:54:06.840 --> 00:54:09.599
<v Speaker 4>the attorney after you went alone?

1048
00:54:10.760 --> 00:54:17.039
<v Speaker 13>Correct, after my first appearance, I told god it Yeah,

1049
00:54:17.079 --> 00:54:19.639
<v Speaker 13>so I got a lawyer to iaid the fee. I

1050
00:54:19.760 --> 00:54:22.559
<v Speaker 13>met with the lawyer for about twenty minutes and he said, oh,

1051
00:54:22.599 --> 00:54:25.639
<v Speaker 13>this sounds easy. I'm glad to do it. I paid

1052
00:54:25.639 --> 00:54:26.000
<v Speaker 13>the fee.

1053
00:54:27.679 --> 00:54:28.159
<v Speaker 3>How much?

1054
00:54:29.440 --> 00:54:30.039
<v Speaker 14>Three thousand?

1055
00:54:32.599 --> 00:54:33.679
<v Speaker 3>Okay, so I paid.

1056
00:54:33.760 --> 00:54:35.039
<v Speaker 13>I paid that I met him.

1057
00:54:35.199 --> 00:54:36.360
<v Speaker 20>He said, why was it so?

1058
00:54:36.679 --> 00:54:39.159
<v Speaker 4>Why was it so important to you to fight this?

1059
00:54:39.280 --> 00:54:40.519
<v Speaker 4>I'm just curious.

1060
00:54:40.880 --> 00:54:43.760
<v Speaker 13>Well, for a couple of things. One, I didn't do

1061
00:54:43.920 --> 00:54:47.840
<v Speaker 13>what I was alleged to have done, and the state

1062
00:54:47.880 --> 00:54:51.480
<v Speaker 13>Patrol at the time of the accident told me that

1063
00:54:51.559 --> 00:54:53.559
<v Speaker 13>he was going to go to the hospital and possibly

1064
00:54:53.559 --> 00:54:57.119
<v Speaker 13>give the guy that I maintained was the cause of

1065
00:54:57.159 --> 00:54:59.079
<v Speaker 13>an accident. The state patrol said he was going to

1066
00:54:59.159 --> 00:55:01.679
<v Speaker 13>the hospital and might give him a ticket.

1067
00:55:01.960 --> 00:55:03.360
<v Speaker 4>So I kind of thought, he wa, wait, let me

1068
00:55:03.400 --> 00:55:06.519
<v Speaker 4>ask you something, James, James James, I need to ask something.

1069
00:55:06.840 --> 00:55:07.760
<v Speaker 3>Did that guy.

1070
00:55:09.199 --> 00:55:13.039
<v Speaker 4>In what way did you feel that guy caused the accident?

1071
00:55:14.239 --> 00:55:17.840
<v Speaker 13>His hood came up on his jeet because it wasn't

1072
00:55:17.920 --> 00:55:20.880
<v Speaker 13>latched on I twenty five, he slammed on.

1073
00:55:21.119 --> 00:55:26.559
<v Speaker 14>Oh behind him stand on his her brakes and I

1074
00:55:26.639 --> 00:55:29.280
<v Speaker 14>smacked into the rear of her because I just changed

1075
00:55:29.360 --> 00:55:33.159
<v Speaker 14>into the right lane and they were or stopping.

1076
00:55:33.519 --> 00:55:36.239
<v Speaker 3>So I James James, that plea wait.

1077
00:55:36.559 --> 00:55:39.760
<v Speaker 4>So that police officer didn't take that into consideration, for

1078
00:55:39.800 --> 00:55:42.199
<v Speaker 4>God's sakes.

1079
00:55:41.400 --> 00:55:47.159
<v Speaker 13>Well he did, and he even said that our stories matched,

1080
00:55:47.280 --> 00:55:51.039
<v Speaker 13>meaning the ladies in mine and my story was is

1081
00:55:51.079 --> 00:55:53.760
<v Speaker 13>that he stopped in the lane, not on the shoulder.

1082
00:55:54.400 --> 00:55:58.079
<v Speaker 13>She stopped behind him. I hit her and she hit him,

1083
00:55:58.840 --> 00:56:01.039
<v Speaker 13>and he was going to the After he gave me

1084
00:56:01.079 --> 00:56:04.159
<v Speaker 13>a ticket, I said, hey, wait, why I didn't cause

1085
00:56:04.199 --> 00:56:07.280
<v Speaker 13>the accident? The guys whose hood came up caused the accident,

1086
00:56:07.320 --> 00:56:08.760
<v Speaker 13>He said, Yeah, No, I'm gonna go to the hokit.

1087
00:56:08.880 --> 00:56:12.119
<v Speaker 3>You're right, You're right. You hold on, James, I'm with you.

1088
00:56:12.599 --> 00:56:13.880
<v Speaker 3>Hang on. I will come right back.

1089
00:56:14.280 --> 00:56:16.960
<v Speaker 4>I'm with you every bad I mean, you're making complete

1090
00:56:17.000 --> 00:56:19.920
<v Speaker 4>sense to me on that eight eight eight Heating dot

1091
00:56:19.960 --> 00:56:24.360
<v Speaker 4>Com High efficiency replacements at the best prices anywhere.

1092
00:56:24.559 --> 00:56:28.320
<v Speaker 3>Put him to the challenge. Eight eight eight Heating dot.

1093
00:56:28.000 --> 00:56:30.760
<v Speaker 4>Com three oh three seven seven zero two seven seven six.

1094
00:56:35.880 --> 00:56:39.119
<v Speaker 4>Go with a sure thing Denver's best roofer Excel Roofing

1095
00:56:39.239 --> 00:56:39.840
<v Speaker 4>dot com.

1096
00:56:39.880 --> 00:56:41.880
<v Speaker 3>You don't pay a cent until you're content.

1097
00:56:43.440 --> 00:56:47.679
<v Speaker 4>Wait time for an insurance check up free no obligation

1098
00:56:47.840 --> 00:56:51.719
<v Speaker 4>comparison call Compass Insurance paying too much your coverage at

1099
00:56:51.760 --> 00:56:54.519
<v Speaker 4>dozens of insurance companies find out now three oh three

1100
00:56:54.639 --> 00:56:56.800
<v Speaker 4>seven to seven to one help. You'll think you're his

1101
00:56:56.960 --> 00:56:59.559
<v Speaker 4>only customer when you choose Frank durand the real estate

1102
00:56:59.599 --> 00:57:02.880
<v Speaker 4>Man dot com to list your home with Remax Alliance

1103
00:57:03.119 --> 00:57:06.840
<v Speaker 4>three oh three nine two zero sixteen twenty two The

1104
00:57:07.000 --> 00:57:09.679
<v Speaker 4>music I demand music.

1105
00:57:10.039 --> 00:57:11.039
<v Speaker 3>I'm Tom Martinez.

1106
00:57:11.039 --> 00:57:18.199
<v Speaker 4>You're a troubleshooter, James, I'd be very now tell me so.

1107
00:57:18.760 --> 00:57:20.960
<v Speaker 4>I'd be pissed off at being accused of this, But

1108
00:57:21.039 --> 00:57:23.599
<v Speaker 4>now how do we get to the problem about the attorney.

1109
00:57:24.519 --> 00:57:28.280
<v Speaker 13>Yeah, so so I hired the attorney. He founded real

1110
00:57:28.320 --> 00:57:30.000
<v Speaker 13>promising and I thought, well, this is great.

1111
00:57:30.079 --> 00:57:31.000
<v Speaker 20>He knows what he's doing.

1112
00:57:31.519 --> 00:57:33.679
<v Speaker 13>He's going to represent him well, and it seems like

1113
00:57:33.679 --> 00:57:39.920
<v Speaker 13>an easy case to him. So the date that that

1114
00:57:40.760 --> 00:57:46.920
<v Speaker 13>I was secondly given, he didn't show up because he

1115
00:57:47.079 --> 00:57:50.599
<v Speaker 13>was in trial. And I told the judge, well, he's

1116
00:57:50.639 --> 00:57:54.000
<v Speaker 13>in trial. And the state patrol said, well, you said

1117
00:57:54.000 --> 00:57:55.639
<v Speaker 13>you were going to have a lawyer. I said no,

1118
00:57:55.719 --> 00:57:56.639
<v Speaker 13>I said, I was getting on.

1119
00:57:56.760 --> 00:57:57.920
<v Speaker 3>Wait a minute, wait a minute.

1120
00:57:58.039 --> 00:58:02.159
<v Speaker 4>He did not enter a delay or did not ask

1121
00:58:02.199 --> 00:58:03.199
<v Speaker 4>for a continuance.

1122
00:58:03.440 --> 00:58:04.719
<v Speaker 3>He just didn't show.

1123
00:58:04.599 --> 00:58:09.360
<v Speaker 13>Up, correct, And he did that?

1124
00:58:09.599 --> 00:58:13.639
<v Speaker 3>No? No, no, yes, wait wait wait wait wait?

1125
00:58:14.000 --> 00:58:18.719
<v Speaker 4>But did he see what attorneys usually do once they're

1126
00:58:18.760 --> 00:58:24.760
<v Speaker 4>representing you, They enter a continuance. Isn't that right, Brad?

1127
00:58:24.800 --> 00:58:27.639
<v Speaker 4>I mean, isn't that up to the attorney? You know,

1128
00:58:27.679 --> 00:58:29.559
<v Speaker 4>Brad's an attorney. But if you were going to go

1129
00:58:29.599 --> 00:58:31.159
<v Speaker 4>to if you have a hearing, said and you can't

1130
00:58:31.159 --> 00:58:33.000
<v Speaker 4>make it, you don't leave it to the client to

1131
00:58:33.039 --> 00:58:34.840
<v Speaker 4>show up and say my attorney couldn't make it.

1132
00:58:35.519 --> 00:58:37.880
<v Speaker 6>No, an attorney would definitely ask for a continuance.

1133
00:58:38.280 --> 00:58:41.800
<v Speaker 13>Okay, so keep going, and that's that's exactly what happened.

1134
00:58:41.880 --> 00:58:44.800
<v Speaker 13>So I showed up to court and I told him

1135
00:58:44.800 --> 00:58:45.800
<v Speaker 13>I was getting there, so you.

1136
00:58:46.239 --> 00:58:49.679
<v Speaker 4>Had no idea. You had no idea this guy wasn't

1137
00:58:49.679 --> 00:58:50.119
<v Speaker 4>going to be.

1138
00:58:50.079 --> 00:58:55.760
<v Speaker 13>There, correct. So we said it for a second court date,

1139
00:58:57.559 --> 00:59:01.400
<v Speaker 13>and that would have been the eighteenth of November, and

1140
00:59:02.119 --> 00:59:06.840
<v Speaker 13>sure enough, I'm there, I'm prepared, and I hadn't talked

1141
00:59:06.840 --> 00:59:08.679
<v Speaker 13>to the attorney. I left him a couple of messages

1142
00:59:08.719 --> 00:59:11.480
<v Speaker 13>that we should get together and talk about it. He

1143
00:59:11.599 --> 00:59:15.639
<v Speaker 13>never responded, and then he didn't show up for our

1144
00:59:15.800 --> 00:59:20.639
<v Speaker 13>trial date, which was eighteen November. So the judge told me,

1145
00:59:20.960 --> 00:59:25.360
<v Speaker 13>he said, basically, lawyer or not pointing his finger at me,

1146
00:59:25.679 --> 00:59:27.920
<v Speaker 13>you need to be ready next time, and he said

1147
00:59:27.960 --> 00:59:33.800
<v Speaker 13>it for sixteen December. So between eighteen November and sixteen December,

1148
00:59:33.920 --> 00:59:36.199
<v Speaker 13>I kind of realized I might not be able to

1149
00:59:36.199 --> 00:59:39.440
<v Speaker 13>count on the attorney, so I went ahead and paid

1150
00:59:39.480 --> 00:59:41.960
<v Speaker 13>another eight hundred and fifty dollars to the State Patrol

1151
00:59:42.079 --> 00:59:47.440
<v Speaker 13>for bodycamp, dash camp and all the generated documents. So

1152
00:59:47.559 --> 00:59:51.840
<v Speaker 13>then the sixteenth of December, which was a Monday, I

1153
00:59:51.920 --> 00:59:54.159
<v Speaker 13>get up in the morning and there's a long text

1154
00:59:54.159 --> 00:59:58.800
<v Speaker 13>on my phone from my attorney apologizing that he did

1155
00:59:58.840 --> 01:00:02.679
<v Speaker 13>not make the eighteen November court date. And I didn't

1156
01:00:02.719 --> 01:00:08.199
<v Speaker 13>respond on sixteen December Monday because I had lots of

1157
01:00:08.239 --> 01:00:13.000
<v Speaker 13>things to do in my defense preparation. So I show

1158
01:00:13.079 --> 01:00:17.599
<v Speaker 13>up to court December sixteenth, and I read the text

1159
01:00:18.039 --> 01:00:18.559
<v Speaker 13>of him.

1160
01:00:18.440 --> 01:00:19.519
<v Speaker 11>Apologizes to this guy.

1161
01:00:19.599 --> 01:00:21.800
<v Speaker 4>Let me let me get this straight. Bro, let me

1162
01:00:21.920 --> 01:00:24.400
<v Speaker 4>let me get this straight. I don't care about dates. Okay,

1163
01:00:25.360 --> 01:00:29.480
<v Speaker 4>this man did not show up for any hearing ever.

1164
01:00:30.800 --> 01:00:34.480
<v Speaker 13>Well, yes, he did so the eighteen November.

1165
01:00:34.760 --> 01:00:34.920
<v Speaker 3>No.

1166
01:00:34.920 --> 01:00:38.320
<v Speaker 4>No, I don't want dates. Here's what I want. Hold on, listen, James,

1167
01:00:38.400 --> 01:00:42.039
<v Speaker 4>just wait for helping you. The first hearing after you

1168
01:00:42.119 --> 01:00:43.960
<v Speaker 4>hired him, he did not show up, is that right?

1169
01:00:44.920 --> 01:00:47.519
<v Speaker 13>Correct? And I just pled not guilty. The court said

1170
01:00:47.559 --> 01:00:49.760
<v Speaker 13>it for eighteen November.

1171
01:00:49.920 --> 01:00:54.039
<v Speaker 4>Yeah, but hold on, I'm talking not show James. James,

1172
01:00:54.960 --> 01:00:58.960
<v Speaker 4>you said please just wait, Okay, just wait. I know

1173
01:00:59.000 --> 01:00:59.639
<v Speaker 4>you're anxious.

1174
01:00:59.679 --> 01:01:00.000
<v Speaker 3>Just wait.

1175
01:01:00.719 --> 01:01:07.519
<v Speaker 4>You said you pleaded not guilty. Correct, Please, James, you

1176
01:01:07.599 --> 01:01:13.639
<v Speaker 4>said you pleaded not guilty and then hired him. Okay,

1177
01:01:13.840 --> 01:01:15.840
<v Speaker 4>so after you hired no.

1178
01:01:17.519 --> 01:01:20.280
<v Speaker 13>I hired him and then showed up to my next

1179
01:01:20.320 --> 01:01:24.719
<v Speaker 13>court date with an attorney with an attorney hired, and

1180
01:01:24.880 --> 01:01:27.679
<v Speaker 13>he didn't show up. So at that point I played

1181
01:01:28.679 --> 01:01:31.920
<v Speaker 13>not guilty, and the judge gave got it continuance to

1182
01:01:31.960 --> 01:01:35.719
<v Speaker 13>eighteen November, which is a month later, a month got it?

1183
01:01:35.760 --> 01:01:38.559
<v Speaker 4>So he didn't show up. That's the second hearing, and

1184
01:01:38.599 --> 01:01:39.559
<v Speaker 4>he didn't show up then.

1185
01:01:39.480 --> 01:01:43.159
<v Speaker 13>Either, correct, So eighteen November.

1186
01:01:42.760 --> 01:01:45.360
<v Speaker 4>And then what about the third? What about the third hearing?

1187
01:01:46.199 --> 01:01:49.920
<v Speaker 13>The third hearing was actually the time after the judge

1188
01:01:49.920 --> 01:01:52.679
<v Speaker 13>told me I needed to be ready. So between the

1189
01:01:52.719 --> 01:01:56.880
<v Speaker 13>second kay, I did the work to find out what

1190
01:01:57.079 --> 01:02:01.239
<v Speaker 13>the state Patrol had as far as his body cam

1191
01:02:01.239 --> 01:02:01.559
<v Speaker 13>and death.

1192
01:02:01.639 --> 01:02:04.400
<v Speaker 3>Okay, got it? And what did he show up for

1193
01:02:04.440 --> 01:02:05.199
<v Speaker 3>the third hearing?

1194
01:02:06.280 --> 01:02:12.199
<v Speaker 13>Kind of so again Monday, I'm ready to go to

1195
01:02:12.280 --> 01:02:15.000
<v Speaker 13>court with no attorney or an attorney. I just don't know.

1196
01:02:15.039 --> 01:02:18.960
<v Speaker 13>I haven't heard from him. And that was Monday, sixteen December.

1197
01:02:19.199 --> 01:02:23.599
<v Speaker 3>But for the third hearing, for the third hearing?

1198
01:02:24.440 --> 01:02:25.119
<v Speaker 20>Correct, Okay?

1199
01:02:25.239 --> 01:02:26.760
<v Speaker 3>Then what the third time?

1200
01:02:26.920 --> 01:02:31.000
<v Speaker 13>I get into court and the judge says, where's your attorney?

1201
01:02:31.000 --> 01:02:33.760
<v Speaker 13>And again I shrugged my shoulders and said I don't know,

1202
01:02:34.599 --> 01:02:40.000
<v Speaker 13>So the judge had the state Patrol call my attorney.

1203
01:02:41.079 --> 01:02:46.000
<v Speaker 13>The attorney answered and said I'm sorry, I'm on my way.

1204
01:02:46.119 --> 01:02:48.639
<v Speaker 13>Do you still need me? And we're out in the

1205
01:02:48.639 --> 01:02:51.760
<v Speaker 13>hall and the state patrol just needs to go back

1206
01:02:51.800 --> 01:02:53.639
<v Speaker 13>in and tell the judge that he's on his way.

1207
01:02:54.679 --> 01:02:57.119
<v Speaker 13>So I'm sitting there waiting for the attorney. The attorney

1208
01:02:57.159 --> 01:03:00.880
<v Speaker 13>gets there, I show him the documents that I've got

1209
01:03:01.239 --> 01:03:03.800
<v Speaker 13>that he said he couldn't get because he was asking

1210
01:03:05.400 --> 01:03:08.440
<v Speaker 13>city police, not the State Patrol, for the documents. That

1211
01:03:09.079 --> 01:03:12.079
<v Speaker 13>it was a staple issue, so he was looking for

1212
01:03:12.079 --> 01:03:14.480
<v Speaker 13>the documents in the wrong part. He made a big

1213
01:03:14.519 --> 01:03:18.719
<v Speaker 13>apology about not showing and not being prepared and.

1214
01:03:18.719 --> 01:03:22.079
<v Speaker 3>Blah blah blah, right right right then what he.

1215
01:03:22.679 --> 01:03:27.760
<v Speaker 13>Gets there late. I'm waiting with the last case, and

1216
01:03:27.800 --> 01:03:30.119
<v Speaker 13>he said, well, do you feel comfortable testifying? He said, yeah,

1217
01:03:30.239 --> 01:03:33.800
<v Speaker 13>that's no problem. So we get up there. The state

1218
01:03:33.800 --> 01:03:36.519
<v Speaker 13>Patrol presents this case against me. The state Patrol had

1219
01:03:36.559 --> 01:03:39.599
<v Speaker 13>a witness against me. And I get up there and

1220
01:03:39.639 --> 01:03:42.719
<v Speaker 13>I answered the questions of the state patrol.

1221
01:03:43.159 --> 01:03:45.199
<v Speaker 3>Now was this guy in court with you?

1222
01:03:45.440 --> 01:03:45.679
<v Speaker 7>Was he?

1223
01:03:47.480 --> 01:03:50.119
<v Speaker 13>Yes? He got there late, So the judge had the

1224
01:03:50.119 --> 01:03:55.280
<v Speaker 13>state Patrol call him and asked him if he was conning.

1225
01:03:55.679 --> 01:03:57.880
<v Speaker 13>And I didn't know if he was because he hadn't

1226
01:03:57.880 --> 01:03:59.800
<v Speaker 13>showed up twice before, so I said, I don't know.

1227
01:04:00.440 --> 01:04:03.599
<v Speaker 13>So finally, the attorneys on the phone with the state

1228
01:04:03.639 --> 01:04:08.079
<v Speaker 13>patrol in the hall and we decide that the attorney's

1229
01:04:08.159 --> 01:04:11.639
<v Speaker 13>on his way. So I'm waiting in the hall and

1230
01:04:11.760 --> 01:04:14.079
<v Speaker 13>when the attorney gets there, we go over things briefly,

1231
01:04:14.639 --> 01:04:17.800
<v Speaker 13>we go through the whole trial, and as we met

1232
01:04:17.800 --> 01:04:21.400
<v Speaker 13>in the hall, he again apologized and said he can

1233
01:04:21.440 --> 01:04:24.519
<v Speaker 13>get me some of my money back. So we did

1234
01:04:24.519 --> 01:04:29.760
<v Speaker 13>the whole trial, and luckily the judge seen through the

1235
01:04:29.800 --> 01:04:33.719
<v Speaker 13>gaps and the lies that were presented, and in the

1236
01:04:33.840 --> 01:04:35.800
<v Speaker 13>end the judge dismissed my ticket.

1237
01:04:37.119 --> 01:04:39.280
<v Speaker 3>But oh good, I'll had.

1238
01:04:39.119 --> 01:04:42.760
<v Speaker 13>To go through the stress, the extra expense, and no,

1239
01:04:42.840 --> 01:04:46.639
<v Speaker 13>I get it, the possibility of and he was but.

1240
01:04:46.639 --> 01:04:49.159
<v Speaker 4>Let me explain something. No, no, no, no, let me let me

1241
01:04:49.199 --> 01:04:51.679
<v Speaker 4>explain something. You did go through a lot of crap.

1242
01:04:52.079 --> 01:04:56.519
<v Speaker 4>And here's what I think. I'm on your side. But

1243
01:04:56.639 --> 01:04:59.880
<v Speaker 4>those expenses, those court expenses would have been paid anyway.

1244
01:05:00.199 --> 01:05:01.840
<v Speaker 3>You can't charge him for that.

1245
01:05:01.840 --> 01:05:04.840
<v Speaker 4>That would have been part of your bill on top

1246
01:05:04.960 --> 01:05:06.039
<v Speaker 4>of legal fees.

1247
01:05:06.079 --> 01:05:07.199
<v Speaker 3>Okay, it would.

1248
01:05:07.000 --> 01:05:10.360
<v Speaker 13>Have been so, so how didn't discharge any court fees?

1249
01:05:10.840 --> 01:05:14.480
<v Speaker 13>The fees that I paid were one to the attorney

1250
01:05:15.000 --> 01:05:17.760
<v Speaker 13>and two to the State Patrol for the disclosure of

1251
01:05:17.800 --> 01:05:18.199
<v Speaker 13>all the.

1252
01:05:18.559 --> 01:05:23.079
<v Speaker 4>Jam James, James, let me reword it. James, any court

1253
01:05:23.159 --> 01:05:26.360
<v Speaker 4>costs you paid or did not pay, that's fine. But

1254
01:05:26.519 --> 01:05:30.480
<v Speaker 4>then any other document fees like to the state Police,

1255
01:05:30.880 --> 01:05:33.639
<v Speaker 4>you would have had to pay anyway. It's not your

1256
01:05:33.679 --> 01:05:36.239
<v Speaker 4>attorney's fault. If he had paid them, he would have

1257
01:05:36.280 --> 01:05:39.159
<v Speaker 4>billed you for them. It's not your attorney's fault. Not

1258
01:05:39.199 --> 01:05:40.360
<v Speaker 4>that part of it, Okay.

1259
01:05:40.559 --> 01:05:43.079
<v Speaker 3>The fact that you had to do it is BS. Okay,

1260
01:05:43.159 --> 01:05:43.800
<v Speaker 3>that's BS.

1261
01:05:43.880 --> 01:05:49.400
<v Speaker 4>But now what I believe is you owe him fricking

1262
01:05:49.559 --> 01:05:53.400
<v Speaker 4>nothing and he should refund your retainer. And I think

1263
01:05:53.440 --> 01:05:56.000
<v Speaker 4>you should go to the Supreme Court Grievance Committee. Do

1264
01:05:56.079 --> 01:05:58.079
<v Speaker 4>they still call it that, Brad, What do they call it?

1265
01:05:58.199 --> 01:06:02.239
<v Speaker 4>Fee dispute Committee with the Barsosa. You absolutely should get

1266
01:06:02.280 --> 01:06:03.639
<v Speaker 4>your money back in my opinion.

1267
01:06:04.760 --> 01:06:08.480
<v Speaker 13>Well, and that seems more than reasonable and generous to me.

1268
01:06:08.679 --> 01:06:11.360
<v Speaker 13>So what I did, as I said, yes, I thought

1269
01:06:11.360 --> 01:06:14.480
<v Speaker 13>about your offer to refund my money, and what I'm

1270
01:06:14.519 --> 01:06:17.920
<v Speaker 13>willing to do is take half of your three thousand

1271
01:06:17.920 --> 01:06:21.280
<v Speaker 13>dollars feedback, in half of the eight hundred and fifty

1272
01:06:21.360 --> 01:06:23.880
<v Speaker 13>that I paid that you should have paid out of

1273
01:06:23.880 --> 01:06:25.000
<v Speaker 13>the fee, or he.

1274
01:06:25.000 --> 01:06:25.920
<v Speaker 3>Shouldn't have paid it.

1275
01:06:26.079 --> 01:06:29.760
<v Speaker 4>Okay, See, James, James, we're at a disconnect. Okay, let's

1276
01:06:29.840 --> 01:06:33.760
<v Speaker 4>just say, for argument's sake, let's say he did represent

1277
01:06:33.840 --> 01:06:38.519
<v Speaker 4>you adequately and put in the time to earn three thousand.

1278
01:06:38.639 --> 01:06:41.679
<v Speaker 4>Let's just say that, for arguments sake, you would have

1279
01:06:41.760 --> 01:06:45.800
<v Speaker 4>been billed that three thousand on your retainer and the

1280
01:06:45.920 --> 01:06:49.559
<v Speaker 4>eight hundred for evidence you would have been billed that

1281
01:06:50.000 --> 01:06:53.119
<v Speaker 4>he does not owe that to you. I am all

1282
01:06:53.159 --> 01:06:55.880
<v Speaker 4>for trying to get your three grand back. Did you

1283
01:06:55.960 --> 01:06:57.239
<v Speaker 4>get your three grand back?

1284
01:06:58.199 --> 01:06:58.280
<v Speaker 2>No?

1285
01:06:58.800 --> 01:07:02.360
<v Speaker 13>I told him. I told him in a test that yes,

1286
01:07:02.480 --> 01:07:05.880
<v Speaker 13>I considered it, and of the thirty eight hundred on

1287
01:07:06.079 --> 01:07:08.840
<v Speaker 13>into it, that I would be happy to get nineteen

1288
01:07:08.920 --> 01:07:11.360
<v Speaker 13>hundred back. And he has not responded.

1289
01:07:11.719 --> 01:07:13.679
<v Speaker 3>Wait, wait, wait, I don't understand this.

1290
01:07:14.199 --> 01:07:17.719
<v Speaker 4>You only want nineteen hundred back, and he's willing to

1291
01:07:17.719 --> 01:07:20.639
<v Speaker 4>give you the retainer, the entire retainer back.

1292
01:07:21.480 --> 01:07:24.000
<v Speaker 13>Well, he said he was willing, but he has yet

1293
01:07:24.039 --> 01:07:24.639
<v Speaker 13>to do anything.

1294
01:07:25.960 --> 01:07:31.519
<v Speaker 3>Okay, but here's what I don't understand. James.

1295
01:07:33.039 --> 01:07:36.280
<v Speaker 4>Go with a sure thing Denver's best roofer excel roofing

1296
01:07:36.400 --> 01:07:39.039
<v Speaker 4>dot com. You don't pay a cent until you're content.

1297
01:07:42.400 --> 01:07:45.960
<v Speaker 4>Time for an insurance checkup free no obligation. Comparison call

1298
01:07:46.039 --> 01:07:49.360
<v Speaker 4>Compass Insurance paying too much your coverage at dozens of

1299
01:07:49.400 --> 01:07:52.320
<v Speaker 4>insurance companies find out now three oh three seven seven

1300
01:07:52.440 --> 01:07:55.199
<v Speaker 4>one help. You'll think you're his only customer when you

1301
01:07:55.280 --> 01:07:57.760
<v Speaker 4>choose Frank durand the real estate Man dot com to

1302
01:07:57.840 --> 01:08:01.000
<v Speaker 4>list your home with Remax Alliance three oh three nine

1303
01:08:01.039 --> 01:08:12.239
<v Speaker 4>two zero sixteen twenty two. Hey, I'm Tom Martine, your

1304
01:08:12.360 --> 01:08:16.640
<v Speaker 4>troubleshooter dot com. James, listen as I understand it, and

1305
01:08:16.640 --> 01:08:18.359
<v Speaker 4>we don't have to go through I truly was listening

1306
01:08:18.399 --> 01:08:20.680
<v Speaker 4>to each and every word as I understand it. Sir,

1307
01:08:21.359 --> 01:08:24.479
<v Speaker 4>you are you are to me? You should get your

1308
01:08:25.079 --> 01:08:26.239
<v Speaker 4>entire retainer back.

1309
01:08:26.560 --> 01:08:26.760
<v Speaker 3>Now.

1310
01:08:26.800 --> 01:08:30.159
<v Speaker 4>The money you paid for evidence is an expense that

1311
01:08:30.319 --> 01:08:32.920
<v Speaker 4>you would have paid any time. But as I understand it,

1312
01:08:33.000 --> 01:08:34.800
<v Speaker 4>I know he didn't do anything. I know he didn't

1313
01:08:34.800 --> 01:08:37.760
<v Speaker 4>do anything. I know he didn't do anything yet. But

1314
01:08:38.439 --> 01:08:42.359
<v Speaker 4>at first he offered, as I'm understanding this, he offered

1315
01:08:42.600 --> 01:08:46.439
<v Speaker 4>to give the retainer back, and you actually counter offered

1316
01:08:46.760 --> 01:08:48.640
<v Speaker 4>saying you would take even less money.

1317
01:08:48.680 --> 01:08:49.199
<v Speaker 3>Is that right?

1318
01:08:50.760 --> 01:08:55.159
<v Speaker 13>Essentially? Yees? So I paid him three thousand and he offered. Yeah,

1319
01:08:55.159 --> 01:08:58.119
<v Speaker 13>the first time he didn't show, he offered.

1320
01:08:58.079 --> 01:08:59.159
<v Speaker 3>To refund that back.

1321
01:09:00.119 --> 01:09:01.680
<v Speaker 14>That's the third time he didn't show.

1322
01:09:02.199 --> 01:09:05.000
<v Speaker 13>We met in the hall and he again offered to

1323
01:09:05.039 --> 01:09:05.560
<v Speaker 13>pay some.

1324
01:09:05.600 --> 01:09:08.920
<v Speaker 3>Of that brand we need. We need to work on this.

1325
01:09:09.079 --> 01:09:11.680
<v Speaker 4>You should get your three grand back that and there's

1326
01:09:11.680 --> 01:09:13.319
<v Speaker 4>a real easy way to do it. I want you

1327
01:09:13.399 --> 01:09:15.800
<v Speaker 4>to hang on if you could for me, sir, you

1328
01:09:15.880 --> 01:09:17.159
<v Speaker 4>have been totally abused.

1329
01:09:17.319 --> 01:09:20.000
<v Speaker 3>This is bull crap. I'm Tom Martino.

1330
01:09:20.159 --> 01:09:22.279
<v Speaker 4>This man needs to get go with a sure thing

1331
01:09:22.399 --> 01:09:25.720
<v Speaker 4>Denver's best roofer Excel Roofing dot com. You don't pay

1332
01:09:25.760 --> 01:09:31.840
<v Speaker 4>a cent until you're content. Time for an insurance check

1333
01:09:31.920 --> 01:09:35.800
<v Speaker 4>up free, no obligation. In comparison, call Compass Insurance paying

1334
01:09:35.800 --> 01:09:38.880
<v Speaker 4>too much your coverage at dozens of insurance companies find

1335
01:09:38.880 --> 01:09:41.239
<v Speaker 4>out now three oh three seven seven to one help.

1336
01:09:41.399 --> 01:09:44.039
<v Speaker 4>You'll think you're his only customer when you choose Frank

1337
01:09:44.079 --> 01:09:46.560
<v Speaker 4>durand the real estate Man dot com to list your

1338
01:09:46.560 --> 01:09:49.680
<v Speaker 4>home with Remax Alliance three oh three nine two zero

1339
01:09:49.840 --> 01:09:52.199
<v Speaker 4>sixteen twenty two.

1340
01:09:58.560 --> 01:10:08.520
<v Speaker 3>News need so you don't have as.

1341
01:10:05.760 --> 01:10:08.760
<v Speaker 1>You can shoot is gonna help?

1342
01:10:09.079 --> 01:10:11.840
<v Speaker 21>Come man, This is.

1343
01:10:11.800 --> 01:10:13.119
<v Speaker 2>The Troubleshooter Show.

1344
01:10:13.760 --> 01:10:18.159
<v Speaker 4>No Tom Martinez Hi, Tom Martino here, I got Brad

1345
01:10:18.199 --> 01:10:18.840
<v Speaker 4>O'Brien with me.

1346
01:10:19.159 --> 01:10:21.319
<v Speaker 3>O'Brien legal services, real estate.

1347
01:10:21.359 --> 01:10:21.520
<v Speaker 9>Love.

1348
01:10:21.560 --> 01:10:23.439
<v Speaker 4>We've been talking a lot about real estate, but anything

1349
01:10:23.439 --> 01:10:27.119
<v Speaker 4>else you want and uh uh, this one thing really

1350
01:10:27.119 --> 01:10:27.720
<v Speaker 4>pissed me off.

1351
01:10:27.840 --> 01:10:28.000
<v Speaker 3>Now.

1352
01:10:28.079 --> 01:10:30.439
<v Speaker 4>Now, now, Brad did say, as an attorney, if you

1353
01:10:30.479 --> 01:10:33.239
<v Speaker 4>can't make hearings, you file continuance. You don't leave it

1354
01:10:33.279 --> 01:10:35.920
<v Speaker 4>to your your your client to show up and not

1355
01:10:36.039 --> 01:10:36.600
<v Speaker 4>know where you are.

1356
01:10:36.680 --> 01:10:38.960
<v Speaker 3>I mean, that's ridiculous, right, And then.

1357
01:10:39.079 --> 01:10:40.760
<v Speaker 4>Brad says, you don't have to pull out the big

1358
01:10:40.800 --> 01:10:43.479
<v Speaker 4>guns right now and go to the Supreme Court Gredienance

1359
01:10:43.520 --> 01:10:46.640
<v Speaker 4>Committee or whatever, the oversight committee or the Bar Association.

1360
01:10:46.800 --> 01:10:50.239
<v Speaker 4>Yet just ask where's my retainer? I want a refund.

1361
01:10:51.279 --> 01:10:54.319
<v Speaker 4>So I'm gonna ask this caller. I mean, this caller

1362
01:10:54.439 --> 01:10:57.239
<v Speaker 4>was done wrong. Okay, if everything he's telling me is true.

1363
01:10:57.439 --> 01:11:00.960
<v Speaker 4>This guy hired an attorney, paid him three and then

1364
01:11:01.000 --> 01:11:03.720
<v Speaker 4>did everything himself, and the judge took mercy on him

1365
01:11:03.720 --> 01:11:07.399
<v Speaker 4>because the attorney stopped showing up, I mean, or not

1366
01:11:07.439 --> 01:11:11.600
<v Speaker 4>stopped never showed up except once, so the charges were dropped,

1367
01:11:11.640 --> 01:11:15.479
<v Speaker 4>thank goodness. So but he's out three grand. Of course,

1368
01:11:15.479 --> 01:11:17.800
<v Speaker 4>he had to pay eight hundred for evidentiary stuff, which

1369
01:11:18.159 --> 01:11:20.159
<v Speaker 4>he would have had to pay anyways, but the three

1370
01:11:20.199 --> 01:11:24.520
<v Speaker 4>grand for legal fees should be totally refunded in my opinion,

1371
01:11:24.680 --> 01:11:27.640
<v Speaker 4>if everything he says is true. So, James, when was

1372
01:11:27.680 --> 01:11:31.600
<v Speaker 4>the last time he asked where's my money?

1373
01:11:32.640 --> 01:11:36.640
<v Speaker 13>So the court day that it was dismissed was sixteen December,

1374
01:11:37.479 --> 01:11:40.760
<v Speaker 13>and right at the beginning of January or late late December,

1375
01:11:40.880 --> 01:11:44.319
<v Speaker 13>I said, yes, I've considered it, and I want nineteen

1376
01:11:44.399 --> 01:11:46.880
<v Speaker 13>hundred back, and he didn't respond, I will.

1377
01:11:46.920 --> 01:11:50.279
<v Speaker 3>Why don't you take the whole three grand back? Why?

1378
01:11:50.880 --> 01:11:56.439
<v Speaker 13>Because because because he did something I'm I'm I don't

1379
01:11:56.479 --> 01:11:57.439
<v Speaker 13>want him to go hungry.

1380
01:11:57.520 --> 01:12:00.239
<v Speaker 4>You're a good man, you're you're a good man, and

1381
01:12:00.279 --> 01:12:02.960
<v Speaker 4>you know what, what? Why the hell does he deserve anything?

1382
01:12:04.159 --> 01:12:04.319
<v Speaker 9>Right?

1383
01:12:04.520 --> 01:12:08.920
<v Speaker 13>I thought nineteen hundred was reasonable, and he hasn't responded.

1384
01:12:09.800 --> 01:12:11.119
<v Speaker 13>That's why I'm calling.

1385
01:12:10.840 --> 01:12:12.840
<v Speaker 3>You, James.

1386
01:12:12.960 --> 01:12:15.159
<v Speaker 4>I want to help you, but I got to ask you.

1387
01:12:15.239 --> 01:12:17.800
<v Speaker 4>This is the first time in history where I think

1388
01:12:17.840 --> 01:12:22.399
<v Speaker 4>the consumer deserves more than he's asking for. Please tell

1389
01:12:22.439 --> 01:12:26.000
<v Speaker 4>me why, Please tell me why you think he deserves

1390
01:12:26.039 --> 01:12:26.880
<v Speaker 4>to keep anything.

1391
01:12:28.159 --> 01:12:31.119
<v Speaker 13>Well, he did show up after the State Patrol called

1392
01:12:31.199 --> 01:12:35.199
<v Speaker 13>him for the actual trial. The last day he showed up,

1393
01:12:35.359 --> 01:12:39.359
<v Speaker 13>and I'm not sure if I was super prepared or

1394
01:12:39.399 --> 01:12:43.479
<v Speaker 13>a combination of him and me and then the judge

1395
01:12:43.720 --> 01:12:47.720
<v Speaker 13>being able to use his discretion dismissed it. So I'm

1396
01:12:47.720 --> 01:12:51.920
<v Speaker 13>not sure exactly how much to credit myself to judge or.

1397
01:12:51.920 --> 01:12:53.319
<v Speaker 3>What a good guy this guy is.

1398
01:12:54.279 --> 01:13:00.600
<v Speaker 13>Well, I thought less than two thousand from my cost

1399
01:13:00.880 --> 01:13:03.199
<v Speaker 13>was reasonable. So I've spent three thousand a year.

1400
01:13:03.239 --> 01:13:06.399
<v Speaker 4>Yeah, but by the way, just just for just for

1401
01:13:07.239 --> 01:13:12.159
<v Speaker 4>grins here when you when you ask for it, I

1402
01:13:12.199 --> 01:13:14.760
<v Speaker 4>wouldn't say I want half of the evidentiary cost.

1403
01:13:15.159 --> 01:13:16.000
<v Speaker 3>I wouldn't say that.

1404
01:13:16.159 --> 01:13:19.239
<v Speaker 4>I would say, I think you know, you might deserve

1405
01:13:19.279 --> 01:13:21.600
<v Speaker 4>a grand for showing up the one day, but I

1406
01:13:21.680 --> 01:13:24.640
<v Speaker 4>want two thousand dollars back. Please don't split it up,

1407
01:13:24.840 --> 01:13:27.279
<v Speaker 4>because I'm going to tell you something. If it goes

1408
01:13:27.319 --> 01:13:30.720
<v Speaker 4>to a hearing with the with the Bar Association, the

1409
01:13:30.760 --> 01:13:34.000
<v Speaker 4>Fee Dispute Committee, you are not going to be awarded

1410
01:13:34.119 --> 01:13:37.039
<v Speaker 4>any part of any kind of cost.

1411
01:13:37.560 --> 01:13:38.880
<v Speaker 3>You will not be awarded.

1412
01:13:39.359 --> 01:13:43.800
<v Speaker 13>Now I understand that, But so I again would feel

1413
01:13:44.800 --> 01:13:48.760
<v Speaker 13>happy if he were funded two thousand or three thousands

1414
01:13:50.119 --> 01:13:52.079
<v Speaker 13>of his feet forget to eight up.

1415
01:13:52.159 --> 01:13:55.319
<v Speaker 4>Okay, let's work on this. Let's work on this, and

1416
01:13:55.359 --> 01:13:57.840
<v Speaker 4>I'm going to ask the sixty four thousand dollars question,

1417
01:13:58.279 --> 01:14:01.039
<v Speaker 4>when was the last time you talked to him?

1418
01:14:01.800 --> 01:14:04.960
<v Speaker 13>I text him last probably a week and a half ago,

1419
01:14:05.119 --> 01:14:08.239
<v Speaker 13>saying I need to know what you're planning to do,

1420
01:14:08.520 --> 01:14:11.079
<v Speaker 13>and if you're not planning to do anything, I probably

1421
01:14:11.119 --> 01:14:14.520
<v Speaker 13>need to reconsider my approach. And he didn't respond to that.

1422
01:14:14.600 --> 01:14:21.359
<v Speaker 13>Say reconsidering of the approach was first ask him according

1423
01:14:21.359 --> 01:14:24.239
<v Speaker 13>to what he offered, and he didn't respond. So now

1424
01:14:24.279 --> 01:14:28.399
<v Speaker 13>my approach, which he still hasn't responded, is to talk

1425
01:14:28.399 --> 01:14:28.640
<v Speaker 13>to you.

1426
01:14:28.880 --> 01:14:32.640
<v Speaker 4>I did call the Now that was not the sixty

1427
01:14:32.680 --> 01:14:35.840
<v Speaker 4>four thousand dollars question. That was the twenty five thousand

1428
01:14:35.840 --> 01:14:39.880
<v Speaker 4>dollars question. Here's the sixty four thousand dollars question. Okay,

1429
01:14:40.039 --> 01:14:40.840
<v Speaker 4>you're ready for it.

1430
01:14:41.279 --> 01:14:43.159
<v Speaker 3>Who is he?

1431
01:14:46.359 --> 01:14:53.319
<v Speaker 13>His name is Connor Stuartson, Connor Stuartson.

1432
01:14:54.520 --> 01:14:59.079
<v Speaker 4>Correct, How did you find him? And is it Stuartson?

1433
01:14:59.560 --> 01:15:01.600
<v Speaker 4>As an s T E W.

1434
01:15:03.039 --> 01:15:04.680
<v Speaker 13>A R T s O n.

1435
01:15:07.960 --> 01:15:12.520
<v Speaker 3>Okay? So it is s T s T E W.

1436
01:15:14.800 --> 01:15:16.760
<v Speaker 13>Got it A R T s O n.

1437
01:15:18.239 --> 01:15:19.840
<v Speaker 3>Okay? Do you find him there?

1438
01:15:20.479 --> 01:15:23.600
<v Speaker 19>Yeah? Go ahead, he's uh, it looks like he's working

1439
01:15:23.600 --> 01:15:27.119
<v Speaker 19>at a at a law firm down in the Springs.

1440
01:15:27.000 --> 01:15:31.840
<v Speaker 4>Okay, And I want to help. And he's not going

1441
01:15:31.920 --> 01:15:32.520
<v Speaker 4>to talk.

1442
01:15:32.319 --> 01:15:35.640
<v Speaker 3>To us because he's going to say, you know all

1443
01:15:35.680 --> 01:15:35.840
<v Speaker 3>of this.

1444
01:15:36.239 --> 01:15:39.039
<v Speaker 4>So you're going to text him a message and let

1445
01:15:39.119 --> 01:15:40.399
<v Speaker 4>him know he can talk to us.

1446
01:15:40.680 --> 01:15:41.600
<v Speaker 3>Oh, none in the Springs.

1447
01:15:41.640 --> 01:15:42.560
<v Speaker 19>I'd like to correct that.

1448
01:15:43.640 --> 01:15:45.920
<v Speaker 3>There he is in the Springs, Denver, Denver, and I

1449
01:15:46.560 --> 01:15:49.720
<v Speaker 3>is Connor? Is he in the Springs?

1450
01:15:51.680 --> 01:15:53.800
<v Speaker 13>He has an office where I initially met him.

1451
01:15:53.880 --> 01:15:58.680
<v Speaker 3>Yes, and he says he represents.

1452
01:16:00.079 --> 01:16:04.319
<v Speaker 4>Go ahead, he represents first degree murder, sex assault on

1453
01:16:04.359 --> 01:16:10.600
<v Speaker 4>a child, agrad robbery, felony, murder, d UI misdemeanors, electric

1454
01:16:10.680 --> 01:16:11.560
<v Speaker 4>share guaranteed.

1455
01:16:11.760 --> 01:16:12.560
<v Speaker 3>No, I'm just kidding.

1456
01:16:13.079 --> 01:16:16.560
<v Speaker 4>This guy is just what a piece of work? What

1457
01:16:16.720 --> 01:16:20.079
<v Speaker 4>a frickin piece of work? WHOA He has a one

1458
01:16:20.119 --> 01:16:20.760
<v Speaker 4>star review?

1459
01:16:20.880 --> 01:16:24.600
<v Speaker 3>Did you know that on this one attorney site?

1460
01:16:24.680 --> 01:16:30.319
<v Speaker 13>Yes? And I think, honestly, this man, well, I'm guessing that.

1461
01:16:30.520 --> 01:16:34.039
<v Speaker 13>I mean honestly, I think he's a good lawyer in

1462
01:16:34.079 --> 01:16:38.840
<v Speaker 13>front of the bench, but as far as logistics and scheduling,

1463
01:16:38.920 --> 01:16:40.680
<v Speaker 13>I think that's where his problem is.

1464
01:16:42.720 --> 01:16:46.479
<v Speaker 4>But I don't know license for eight years. So he's

1465
01:16:46.479 --> 01:16:47.399
<v Speaker 4>a baby lawyer.

1466
01:16:49.800 --> 01:16:50.119
<v Speaker 2>James.

1467
01:16:50.119 --> 01:16:51.800
<v Speaker 19>This is Deputy d I just got a couple of

1468
01:16:51.880 --> 01:16:54.520
<v Speaker 19>really quick questions for you, if i'm may Did you

1469
01:16:55.039 --> 01:16:59.039
<v Speaker 19>and your lawyer ever actually agree on the amount of

1470
01:16:59.039 --> 01:16:59.680
<v Speaker 19>a refund?

1471
01:17:01.560 --> 01:17:01.840
<v Speaker 4>Well?

1472
01:17:01.880 --> 01:17:04.760
<v Speaker 13>He said in a long text that he could get

1473
01:17:04.800 --> 01:17:08.279
<v Speaker 13>me a full refund, and that was after he didn't

1474
01:17:08.279 --> 01:17:09.239
<v Speaker 13>show the second time.

1475
01:17:10.279 --> 01:17:12.159
<v Speaker 3>Did you keep did you wait?

1476
01:17:12.199 --> 01:17:14.640
<v Speaker 4>Did you keep those texts?

1477
01:17:14.640 --> 01:17:14.840
<v Speaker 8>Oh?

1478
01:17:14.920 --> 01:17:17.079
<v Speaker 11>Yeah?

1479
01:17:17.159 --> 01:17:20.359
<v Speaker 13>Oh yeah. He made a five point essay on the

1480
01:17:20.399 --> 01:17:21.960
<v Speaker 13>apology for not showing up.

1481
01:17:23.439 --> 01:17:26.039
<v Speaker 4>Do you know he has a rating on all all

1482
01:17:26.079 --> 01:17:29.319
<v Speaker 4>of the lawyer all of the lawyer sites of one star.

1483
01:17:31.319 --> 01:17:35.039
<v Speaker 19>Well cleared to me that they actually had an agreement,

1484
01:17:35.399 --> 01:17:37.800
<v Speaker 19>okay for a refund, But let.

1485
01:17:37.600 --> 01:17:40.079
<v Speaker 4>Me just stop that right now, because you keep going

1486
01:17:40.119 --> 01:17:43.600
<v Speaker 4>back to that he offered a refund. They didn't have

1487
01:17:43.640 --> 01:17:46.039
<v Speaker 4>an agreement because he came back and said I even

1488
01:17:46.119 --> 01:17:51.039
<v Speaker 4>want less money. It's still totally totally ridiculous that this

1489
01:17:51.159 --> 01:17:52.640
<v Speaker 4>attorney is not addressing it.

1490
01:17:52.880 --> 01:17:54.720
<v Speaker 3>I don't care if they had a contract or an

1491
01:17:54.720 --> 01:17:56.399
<v Speaker 3>agreement or just a discussion.

1492
01:17:56.760 --> 01:18:00.000
<v Speaker 4>The guy has been texting him saying I want my money,

1493
01:18:00.520 --> 01:18:03.600
<v Speaker 4>I want at least this much money, and he's being ghosted.

1494
01:18:04.119 --> 01:18:06.640
<v Speaker 4>What difference does it make if they had an agreement.

1495
01:18:06.720 --> 01:18:09.640
<v Speaker 19>Here's the difference the lawyer offered him a refund before

1496
01:18:09.960 --> 01:18:13.640
<v Speaker 19>the final trial where James was found innocent or had

1497
01:18:14.039 --> 01:18:16.600
<v Speaker 19>a case dismissed. So could it be that the lawyer

1498
01:18:16.640 --> 01:18:19.079
<v Speaker 19>said before the trial, said hey, man, I'll give you

1499
01:18:19.079 --> 01:18:21.239
<v Speaker 19>your three grand back and we go our separate ways.

1500
01:18:21.800 --> 01:18:26.319
<v Speaker 19>And James didn't accept that offer, and the lawyer finally,

1501
01:18:26.359 --> 01:18:28.199
<v Speaker 19>after the cops called him, came to trial.

1502
01:18:28.479 --> 01:18:30.800
<v Speaker 3>Well, it wouldn't matter to me. It wouldn't matter. It

1503
01:18:30.800 --> 01:18:31.439
<v Speaker 3>wouldn't matter.

1504
01:18:31.680 --> 01:18:33.760
<v Speaker 4>What I'm saying is you look at the case in

1505
01:18:33.800 --> 01:18:36.720
<v Speaker 4>its totality, not each in every blow. Look at the

1506
01:18:36.720 --> 01:18:40.319
<v Speaker 4>tot totality. The guy was a clown. Okay, the guy

1507
01:18:40.439 --> 01:18:43.000
<v Speaker 4>gave him some service. In fact, I think this guy

1508
01:18:43.079 --> 01:18:46.359
<v Speaker 4>is being nice James to say I'll take two grand back.

1509
01:18:46.520 --> 01:18:48.520
<v Speaker 4>You can have a thousand for coming the last day.

1510
01:18:48.760 --> 01:18:51.000
<v Speaker 4>Now did he do anything? James is the one who

1511
01:18:51.079 --> 01:18:53.920
<v Speaker 4>gathered the evidence. For God's sakes, this guy came and

1512
01:18:53.920 --> 01:18:56.560
<v Speaker 4>said I couldn't get the evidence. He was asking the

1513
01:18:56.600 --> 01:18:58.600
<v Speaker 4>wrong police department.

1514
01:19:00.119 --> 01:19:04.359
<v Speaker 3>Go ahead, bo games.

1515
01:19:05.119 --> 01:19:08.520
<v Speaker 18>So since this guy has GOHO seeing you not responding

1516
01:19:08.560 --> 01:19:12.600
<v Speaker 18>to text, go directly to his office and knock on

1517
01:19:12.680 --> 01:19:15.479
<v Speaker 18>the doors. The lawyers there and do a personal go

1518
01:19:15.600 --> 01:19:18.319
<v Speaker 18>there personally and ask for the money, but he'd be

1519
01:19:18.319 --> 01:19:23.000
<v Speaker 18>embarrassed and write yad check. Go there personally and then

1520
01:19:23.039 --> 01:19:24.800
<v Speaker 18>maybe if that doesn't work.

1521
01:19:24.479 --> 01:19:25.520
<v Speaker 3>I think you have to put it.

1522
01:19:25.640 --> 01:19:27.399
<v Speaker 4>I think you have to put a I think you

1523
01:19:27.439 --> 01:19:30.479
<v Speaker 4>have to make a formal ask in writing, and then

1524
01:19:30.720 --> 01:19:33.319
<v Speaker 4>then you need to go to the UH. You need

1525
01:19:33.359 --> 01:19:35.960
<v Speaker 4>to go to the Bar Association, the council committee.

1526
01:19:36.039 --> 01:19:38.000
<v Speaker 3>You must the opposite.

1527
01:19:37.600 --> 01:19:38.720
<v Speaker 6>Of attorney regulation.

1528
01:19:40.079 --> 01:19:44.359
<v Speaker 4>No, I just hold on, guys, stop stop giving recommendations

1529
01:19:44.399 --> 01:19:46.960
<v Speaker 4>right now, we're we're giving him too many. The very

1530
01:19:47.000 --> 01:19:50.159
<v Speaker 4>first place he goes, the very first place is the

1531
01:19:50.199 --> 01:19:53.840
<v Speaker 4>Fee Dispute Committee with the Bar Association. He can put

1532
01:19:53.840 --> 01:19:56.840
<v Speaker 4>in attorney complaints. After that, we want to get his

1533
01:19:56.960 --> 01:20:00.199
<v Speaker 4>money back. That's it, okay. The other place he's not

1534
01:20:00.239 --> 01:20:02.319
<v Speaker 4>going to get his money back. They're going to file

1535
01:20:02.359 --> 01:20:04.920
<v Speaker 4>a complaint and do an investigation and it will take

1536
01:20:04.960 --> 01:20:08.039
<v Speaker 4>months and months and may not even do an investigation.

1537
01:20:08.439 --> 01:20:10.920
<v Speaker 4>So right now, I want him to write a formal

1538
01:20:10.960 --> 01:20:14.399
<v Speaker 4>request for his money back saying he didn't get quality representation,

1539
01:20:14.800 --> 01:20:17.560
<v Speaker 4>and make it brief, and then you file a complaint,

1540
01:20:17.600 --> 01:20:22.760
<v Speaker 4>a formal complaint with the Bar Association Fee Dispute Committee.

1541
01:20:22.640 --> 01:20:23.159
<v Speaker 20>CORL that's it.

1542
01:20:23.520 --> 01:20:25.760
<v Speaker 13>I'm fully willing to do that. I'm patient enough to

1543
01:20:25.800 --> 01:20:29.640
<v Speaker 13>do that. But I hope that he gets win. That

1544
01:20:29.800 --> 01:20:33.680
<v Speaker 13>we discussed this and he considers it not worth the

1545
01:20:33.760 --> 01:20:36.880
<v Speaker 13>hassle and simply pays two thousand. I'll make a request

1546
01:20:36.960 --> 01:20:40.199
<v Speaker 13>of two thousand to his office in writing, and if

1547
01:20:40.199 --> 01:20:43.359
<v Speaker 13>somebody's there, I'll get a time stamp copy of it.

1548
01:20:43.800 --> 01:20:44.359
<v Speaker 13>So I know that.

1549
01:20:44.640 --> 01:20:48.239
<v Speaker 4>And here's what I want to ask, not that I

1550
01:20:48.279 --> 01:20:52.079
<v Speaker 4>think it matters, but Deputy D had a point I

1551
01:20:52.119 --> 01:20:56.960
<v Speaker 4>want to address, not anything about agreements beforehand, but after

1552
01:20:57.119 --> 01:21:00.880
<v Speaker 4>you so called won your case, did he say to

1553
01:21:00.960 --> 01:21:04.479
<v Speaker 4>you congratulations I knew I could do it, or any

1554
01:21:04.479 --> 01:21:08.159
<v Speaker 4>indication that he felt proud of himself, because I think

1555
01:21:08.159 --> 01:21:09.960
<v Speaker 4>that's what you're getting at that he might think.

1556
01:21:10.279 --> 01:21:12.560
<v Speaker 3>He might think, now, hey, I did a good job.

1557
01:21:13.720 --> 01:21:13.920
<v Speaker 4>Yes.

1558
01:21:14.039 --> 01:21:16.600
<v Speaker 13>As we met in the hall when he showed up late,

1559
01:21:18.000 --> 01:21:22.079
<v Speaker 13>we were talking and then again he offered some of

1560
01:21:22.119 --> 01:21:26.920
<v Speaker 13>my feedback, and then after it was dismissed, I said

1561
01:21:27.000 --> 01:21:32.600
<v Speaker 13>thank you, and also he noted that well, something to

1562
01:21:32.600 --> 01:21:34.680
<v Speaker 13>the effected, I'm good and I haven't lost the case.

1563
01:21:36.560 --> 01:21:40.560
<v Speaker 4>Okay, So he was patting himself on the backs as

1564
01:21:40.680 --> 01:21:43.840
<v Speaker 4>D's got good instincts. So even though he may have said,

1565
01:21:43.840 --> 01:21:45.800
<v Speaker 4>I'm going to give your money back, blah blah blah,

1566
01:21:45.880 --> 01:21:48.560
<v Speaker 4>he may have thought, you know what, now it's a

1567
01:21:48.600 --> 01:21:49.600
<v Speaker 4>whole new ballgame.

1568
01:21:50.159 --> 01:21:51.640
<v Speaker 3>It's a whole new ball game. I won.

1569
01:21:53.359 --> 01:21:56.359
<v Speaker 4>Well, let me ask you something, just between you and me,

1570
01:21:56.439 --> 01:21:59.319
<v Speaker 4>I want to ask you something. During that third hearing,

1571
01:21:59.399 --> 01:22:01.960
<v Speaker 4>that third and five final hearing, when it was dismissed.

1572
01:22:02.279 --> 01:22:03.680
<v Speaker 3>Did he put up a good defense?

1573
01:22:03.760 --> 01:22:04.039
<v Speaker 8>Was?

1574
01:22:04.039 --> 01:22:04.960
<v Speaker 3>Was he? Was he good?

1575
01:22:06.479 --> 01:22:08.239
<v Speaker 13>You know, I have to admit that I think he

1576
01:22:08.279 --> 01:22:10.920
<v Speaker 13>made them all his objections were sustained.

1577
01:22:13.600 --> 01:22:14.920
<v Speaker 3>Okay, he won?

1578
01:22:16.680 --> 01:22:19.159
<v Speaker 13>Well, yes he did one.

1579
01:22:21.800 --> 01:22:25.279
<v Speaker 10>You know, well, to wait, there is a twice's point

1580
01:22:25.680 --> 01:22:27.920
<v Speaker 10>where he's going though. Just think about it. You just

1581
01:22:27.960 --> 01:22:30.680
<v Speaker 10>said to the objections. You would have never have known

1582
01:22:30.720 --> 01:22:33.239
<v Speaker 10>to do that. You might not have won that by yourself.

1583
01:22:34.239 --> 01:22:38.039
<v Speaker 10>And really, D is the one deputy.

1584
01:22:38.119 --> 01:22:41.840
<v Speaker 4>D is the one that brought up the ultimate end result.

1585
01:22:42.239 --> 01:22:44.880
<v Speaker 4>And I wasn't thinking of that because I don't want

1586
01:22:44.880 --> 01:22:48.279
<v Speaker 4>to couple it with any previous agreements. But now he

1587
01:22:48.439 --> 01:22:51.720
<v Speaker 4>might think, Okay, I really screwed up right up until

1588
01:22:51.720 --> 01:22:53.800
<v Speaker 4>this point, but ultimately I won.

1589
01:22:54.079 --> 01:22:56.119
<v Speaker 3>So I did earn the three grand.

1590
01:22:56.640 --> 01:23:00.640
<v Speaker 13>No, because in the hall prior to going into the courtroom,

1591
01:23:01.279 --> 01:23:05.079
<v Speaker 13>he again offered. After he was there to represent me,

1592
01:23:05.199 --> 01:23:10.199
<v Speaker 13>he again offered to reimburse some of my feet regard.

1593
01:23:10.359 --> 01:23:12.520
<v Speaker 3>Now I get it, I get it again.

1594
01:23:12.800 --> 01:23:16.960
<v Speaker 4>I do believe in my personal opinion that yeah, he

1595
01:23:17.119 --> 01:23:21.319
<v Speaker 4>probably in my opinion that you know, he owes you

1596
01:23:21.359 --> 01:23:26.600
<v Speaker 4>some something in my opinion, but he may think even

1597
01:23:26.640 --> 01:23:30.000
<v Speaker 4>though I screwed up, I ultimately vindicated myself. And I

1598
01:23:30.039 --> 01:23:32.199
<v Speaker 4>think de that was the point you were making more

1599
01:23:32.239 --> 01:23:35.119
<v Speaker 4>so than they had an agreement. I mean, I think

1600
01:23:35.159 --> 01:23:38.760
<v Speaker 4>that he believes that day was a whole new ball game.

1601
01:23:39.840 --> 01:23:40.600
<v Speaker 3>Yeah, I think that.

1602
01:23:40.760 --> 01:23:44.279
<v Speaker 19>What I've heard is both of these offers of refund

1603
01:23:44.279 --> 01:23:48.279
<v Speaker 19>that mister Stewartson had made to the caller occurred before

1604
01:23:48.720 --> 01:23:51.560
<v Speaker 19>the final trial, and I'm wondering if.

1605
01:23:51.479 --> 01:23:56.399
<v Speaker 3>Those offers were contention on if they were.

1606
01:23:56.279 --> 01:23:58.760
<v Speaker 19>Contingent on them just going their separate ways.

1607
01:23:58.840 --> 01:23:59.680
<v Speaker 3>By the way, when he.

1608
01:23:59.680 --> 01:24:01.800
<v Speaker 4>Did I'll give your money back and you can get

1609
01:24:01.840 --> 01:24:03.800
<v Speaker 4>another attorney, did he say something like that.

1610
01:24:05.760 --> 01:24:09.079
<v Speaker 13>On the first text when he made a five point

1611
01:24:09.199 --> 01:24:14.560
<v Speaker 13>essay with his apologies and offered a full refund, he

1612
01:24:14.760 --> 01:24:17.560
<v Speaker 13>offered a refund. And then when he didn't show up

1613
01:24:17.600 --> 01:24:19.640
<v Speaker 13>to the actual trial, and I waited for him in

1614
01:24:19.680 --> 01:24:21.560
<v Speaker 13>the hall and showed him what I had from the

1615
01:24:21.560 --> 01:24:27.199
<v Speaker 13>State Patrol. He again there prior to the judge, offered

1616
01:24:27.720 --> 01:24:28.800
<v Speaker 13>some of my feedback.

1617
01:24:29.720 --> 01:24:32.800
<v Speaker 10>You know, I'd like to know he I'd like to

1618
01:24:32.840 --> 01:24:36.399
<v Speaker 10>know what Bradley thinks, just simply not not on you know,

1619
01:24:36.560 --> 01:24:39.359
<v Speaker 10>guilt or innocence or anything like that, but you know,

1620
01:24:39.479 --> 01:24:42.399
<v Speaker 10>based upon everything you heard. You're an attorney, what do

1621
01:24:42.479 --> 01:24:42.920
<v Speaker 10>you think?

1622
01:24:44.159 --> 01:24:46.119
<v Speaker 4>Okay, I want to take I got to take a break,

1623
01:24:46.720 --> 01:24:49.199
<v Speaker 4>Dragon said, So we'll come back to that, and then

1624
01:24:49.199 --> 01:24:51.920
<v Speaker 4>I'm going to take Keaton, who has an issue with

1625
01:24:52.239 --> 01:24:56.159
<v Speaker 4>an orthodontics place that used to advertise with us, and

1626
01:24:56.439 --> 01:24:58.520
<v Speaker 4>we'll talk about that and more coming up on the

1627
01:24:58.520 --> 01:25:01.199
<v Speaker 4>Troubleshooter Show three ZO three one three talk Frank durand

1628
01:25:01.239 --> 01:25:04.039
<v Speaker 4>the real estate Man. Remember he does more than just

1629
01:25:04.239 --> 01:25:06.640
<v Speaker 4>help you buy or sell property. Before you even think

1630
01:25:06.640 --> 01:25:10.000
<v Speaker 4>about selling, he'll go a property analysis and he'll do

1631
01:25:10.079 --> 01:25:14.000
<v Speaker 4>it for you on what you can on what you

1632
01:25:14.039 --> 01:25:16.119
<v Speaker 4>can expect to get for your home based on his

1633
01:25:16.279 --> 01:25:19.640
<v Speaker 4>vast experience and a detailed analysis of your home. It's

1634
01:25:19.680 --> 01:25:22.960
<v Speaker 4>all free, uh and no obligation. Three oh three nine

1635
01:25:23.000 --> 01:25:31.239
<v Speaker 4>two zero sixteen twenty two go with a sure thing

1636
01:25:31.359 --> 01:25:34.159
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1637
01:25:34.199 --> 01:25:36.239
<v Speaker 3>You don't pay a cent until you're content.

1638
01:25:39.600 --> 01:25:42.800
<v Speaker 4>Time for an insurance check up free no obligation comparison

1639
01:25:42.920 --> 01:25:46.479
<v Speaker 4>call Compass Insurance paying too much your coverage at dozens

1640
01:25:46.479 --> 01:25:49.199
<v Speaker 4>of insurance companies find out now three oh three seven

1641
01:25:49.239 --> 01:25:51.600
<v Speaker 4>to seven to one help. You'll think you're his only

1642
01:25:51.680 --> 01:25:54.159
<v Speaker 4>customer when you choose Frank durand the real estate Man

1643
01:25:54.199 --> 01:25:57.640
<v Speaker 4>dot com to list your home with Remax Alliance three

1644
01:25:57.640 --> 01:26:03.520
<v Speaker 4>oh three nine two zero sixteen twenty two. I like

1645
01:26:04.079 --> 01:26:09.720
<v Speaker 4>with a little sense, Hi, Tom Martina here tho three

1646
01:26:09.880 --> 01:26:12.520
<v Speaker 4>seven one three talk seven one three eight two five

1647
01:26:12.680 --> 01:26:16.039
<v Speaker 4>five So okay, so so far. Now we're gonna going

1648
01:26:16.079 --> 01:26:18.359
<v Speaker 4>back to James because he's gonna go do a formal

1649
01:26:18.399 --> 01:26:21.279
<v Speaker 4>request of the attorney and then put in uh hearing

1650
01:26:21.479 --> 01:26:24.479
<v Speaker 4>with the Supreme Heart Grievance Committee. But then when we

1651
01:26:24.520 --> 01:26:29.479
<v Speaker 4>assign somebody to work with him, who wants this? Uh

1652
01:26:29.600 --> 01:26:32.920
<v Speaker 4>if he comes back to us body, Dmitrie, what do

1653
01:26:32.960 --> 01:26:38.720
<v Speaker 4>you think? Yeah, Dmitri could yeah uh he he uh

1654
01:26:38.760 --> 01:26:40.359
<v Speaker 4>he certainly had a lot to say about it. But

1655
01:26:40.720 --> 01:26:44.840
<v Speaker 4>well we'll do that now. Keaton, Keaton is calling about

1656
01:26:44.840 --> 01:26:49.039
<v Speaker 4>neo ORTHODONICX. I believe that's what he's calling about. Neo now,

1657
01:26:49.720 --> 01:26:53.079
<v Speaker 4>neo ORTHODONYX. I love the concept and and my both

1658
01:26:53.079 --> 01:26:56.800
<v Speaker 4>of my children have gone through it with is it,

1659
01:26:56.960 --> 01:26:58.000
<v Speaker 4>doctor Ken Lawson?

1660
01:26:58.119 --> 01:26:58.800
<v Speaker 3>Is that who you use?

1661
01:26:58.920 --> 01:27:04.800
<v Speaker 4>Keaton? Yes, sir, okay, I'll explain how it works with

1662
01:27:04.880 --> 01:27:05.439
<v Speaker 4>my kids.

1663
01:27:05.880 --> 01:27:07.600
<v Speaker 3>You know what they believe in.

1664
01:27:08.279 --> 01:27:10.760
<v Speaker 4>They believe in doing I don't know how they do it,

1665
01:27:10.800 --> 01:27:14.079
<v Speaker 4>but they do a long process rather than trying to

1666
01:27:14.159 --> 01:27:17.159
<v Speaker 4>jam all the teeth with these harsh braces, and they

1667
01:27:17.279 --> 01:27:20.359
<v Speaker 4>do incredible work. And it's a flat monthly FIA month

1668
01:27:20.640 --> 01:27:24.600
<v Speaker 4>until you're done. And both of my children had wonderful results.

1669
01:27:24.880 --> 01:27:25.920
<v Speaker 4>So I just want you to know.

1670
01:27:25.920 --> 01:27:28.600
<v Speaker 3>That going in, I'm not automatically sicken up for them.

1671
01:27:28.600 --> 01:27:29.960
<v Speaker 3>I'm just telling you my experience.

1672
01:27:30.279 --> 01:27:33.520
<v Speaker 4>So, Keaton, what happened with you?

1673
01:27:32.960 --> 01:27:36.279
<v Speaker 22>So we actually use them too because you had such

1674
01:27:36.319 --> 01:27:39.359
<v Speaker 22>great luck, and so we use them for our oldest

1675
01:27:39.439 --> 01:27:43.920
<v Speaker 22>child and had really great, amazing results. And so we

1676
01:27:44.079 --> 01:27:47.399
<v Speaker 22>ended up referring to some of our good friends to them,

1677
01:27:48.239 --> 01:27:51.520
<v Speaker 22>and they've been doing the same exact process and haven't

1678
01:27:51.560 --> 01:27:53.720
<v Speaker 22>really hurt anything. And so they showed up to their

1679
01:27:53.880 --> 01:27:58.000
<v Speaker 22>doctor's appointment today and the building is shut down, and

1680
01:27:58.039 --> 01:28:04.680
<v Speaker 22>they said, there's nothing in the office. What and so no,

1681
01:28:05.119 --> 01:28:08.159
<v Speaker 22>two offices. They went to both offices and both offices

1682
01:28:08.159 --> 01:28:11.600
<v Speaker 22>appear to be completely empty, and they actually just read

1683
01:28:12.479 --> 01:28:16.880
<v Speaker 22>withdrew out of their account yesterday for their appointment to today.

1684
01:28:19.359 --> 01:28:22.800
<v Speaker 4>But they well that that's automated. I'm sure, I'm sure

1685
01:28:22.840 --> 01:28:26.000
<v Speaker 4>they're I'm sure they're not meant to. You know, he

1686
01:28:26.039 --> 01:28:30.000
<v Speaker 4>would never cheat anyone, but I'm concerned about him.

1687
01:28:30.479 --> 01:28:30.960
<v Speaker 8>Mm hmmm.

1688
01:28:31.239 --> 01:28:33.800
<v Speaker 3>Now he was getting he was getting up there in age.

1689
01:28:34.039 --> 01:28:36.960
<v Speaker 4>I mean, you know, I mean, I'm not saying that

1690
01:28:37.000 --> 01:28:38.920
<v Speaker 4>as a bad thing because I think he was a

1691
01:28:38.960 --> 01:28:39.880
<v Speaker 4>little older than me.

1692
01:28:42.239 --> 01:28:45.439
<v Speaker 3>And uh, I know he.

1693
01:28:45.439 --> 01:28:48.199
<v Speaker 4>Had a few you know, it's it's just a few

1694
01:28:48.279 --> 01:28:51.319
<v Speaker 4>health issues here and there. God, I hope everything's Did

1695
01:28:51.359 --> 01:28:52.399
<v Speaker 4>they answer their phones?

1696
01:28:53.479 --> 01:28:53.640
<v Speaker 7>No?

1697
01:28:53.760 --> 01:28:56.279
<v Speaker 22>So I actually tried calling myself as well today and

1698
01:28:56.439 --> 01:28:58.239
<v Speaker 22>I wasn't able to get hold of either one of

1699
01:28:58.239 --> 01:29:02.960
<v Speaker 22>the offices. It just want one just continued to ring

1700
01:29:03.000 --> 01:29:05.039
<v Speaker 22>through their lo entry and then the Love and Office

1701
01:29:05.079 --> 01:29:07.039
<v Speaker 22>actually have an answry machine and it said that it

1702
01:29:07.039 --> 01:29:07.880
<v Speaker 22>would get back to you.

1703
01:29:12.039 --> 01:29:15.880
<v Speaker 3>Mark. Do we have Did Mark step away? Did he

1704
01:29:15.920 --> 01:29:17.920
<v Speaker 3>come back? Now, I'm here, I'm wondering if we say,

1705
01:29:18.560 --> 01:29:22.039
<v Speaker 3>do we have in our go ahead? Sir?

1706
01:29:22.239 --> 01:29:25.720
<v Speaker 10>Okay, Well, first of all, can I interject here and

1707
01:29:25.920 --> 01:29:29.880
<v Speaker 10>just put this into a real perspective. You ready, they're

1708
01:29:29.880 --> 01:29:33.319
<v Speaker 10>in chapter eleven. They're in bankruptcy. It's been filed, so

1709
01:29:33.520 --> 01:29:34.880
<v Speaker 10>it is what it is right now?

1710
01:29:34.960 --> 01:29:37.119
<v Speaker 3>How do you know that? Mark? How do you know that?

1711
01:29:37.439 --> 01:29:41.319
<v Speaker 3>Because I'm reading it? Okay, where'd you find it?

1712
01:29:41.760 --> 01:29:45.000
<v Speaker 10>He told the employees that, well, okay, just google neo

1713
01:29:45.239 --> 01:29:46.720
<v Speaker 10>orthodonics bankruptcy.

1714
01:29:48.199 --> 01:29:51.319
<v Speaker 4>Okay, man, Well good, I'm at least we're getting you final.

1715
01:29:51.359 --> 01:29:55.079
<v Speaker 10>Well, he filed for chapter Listen, he filed for chapter eleven,

1716
01:29:55.399 --> 01:29:58.520
<v Speaker 10>which is a business restructure. My guess is he had

1717
01:29:58.560 --> 01:30:02.119
<v Speaker 10>a lot of debt that he ow personally too. Maybe uh,

1718
01:30:02.479 --> 01:30:06.640
<v Speaker 10>you know, guarantees converted to chapter seven. Then it converted

1719
01:30:06.680 --> 01:30:10.520
<v Speaker 10>to seven, and he told employees that he couldn't pay

1720
01:30:10.560 --> 01:30:17.920
<v Speaker 10>them because he was bankrupt. Okay, Now the problem is

1721
01:30:18.039 --> 01:30:19.760
<v Speaker 10>they can't be taking money each month.

1722
01:30:19.920 --> 01:30:23.359
<v Speaker 3>That's a little insane. No, no, of course not.

1723
01:30:23.680 --> 01:30:27.640
<v Speaker 4>And I'm sure, first of all, the trustee won't allow

1724
01:30:27.640 --> 01:30:32.039
<v Speaker 4>that to happen, and it'd be actually filed, so that's

1725
01:30:32.079 --> 01:30:35.000
<v Speaker 4>not going to be difficult, and and doctor Lawson wouldn't

1726
01:30:35.000 --> 01:30:38.960
<v Speaker 4>do it intentionally. That is really here, here's you know

1727
01:30:38.960 --> 01:30:42.159
<v Speaker 4>what your credit card company should be able to get

1728
01:30:42.239 --> 01:30:42.880
<v Speaker 4>that back for you.

1729
01:30:42.960 --> 01:30:46.600
<v Speaker 10>But you know, other than that, there's nothing you're going

1730
01:30:46.680 --> 01:30:50.399
<v Speaker 10>to do. When he's under Chapter eleven or Chapter seven,

1731
01:30:50.600 --> 01:30:53.159
<v Speaker 10>the trustee is going to reach out to you with options.

1732
01:30:53.199 --> 01:30:55.840
<v Speaker 3>But if he can't pay his employees.

1733
01:30:55.319 --> 01:30:58.239
<v Speaker 10>I'll tell you right now, those employees in the IRS

1734
01:30:58.439 --> 01:31:01.159
<v Speaker 10>and secure debt, there's all kinds of things that are

1735
01:31:01.239 --> 01:31:03.119
<v Speaker 10>going to come way before you.

1736
01:31:05.359 --> 01:31:05.880
<v Speaker 3>Yeah.

1737
01:31:06.279 --> 01:31:10.279
<v Speaker 22>Yeah, Well, she admitted that I know another individual outside

1738
01:31:10.319 --> 01:31:13.079
<v Speaker 22>of outside I guess waiting for their appointment too, or

1739
01:31:13.079 --> 01:31:15.359
<v Speaker 22>showing up for their appointment, and that that gal had

1740
01:31:15.479 --> 01:31:18.880
<v Speaker 22>explained to her that they had already paid twelve thousand

1741
01:31:18.880 --> 01:31:20.119
<v Speaker 22>dollars in advance.

1742
01:31:21.439 --> 01:31:21.800
<v Speaker 9>Is that so?

1743
01:31:22.039 --> 01:31:24.159
<v Speaker 4>Yeah? And again that'll be part of the hold on,

1744
01:31:24.239 --> 01:31:27.239
<v Speaker 4>that'll be part of the that'll be part of the restructuring.

1745
01:31:27.720 --> 01:31:33.119
<v Speaker 4>But unfortunately, unfortunately, it could end up that people are

1746
01:31:33.119 --> 01:31:36.199
<v Speaker 4>going to lose money. Now, Mark, how long ago did

1747
01:31:36.520 --> 01:31:39.279
<v Speaker 4>did we? I mean, we didn't part ways for anything

1748
01:31:39.359 --> 01:31:41.680
<v Speaker 4>like that. Now, it was pre it was pre COVID.

1749
01:31:41.720 --> 01:31:44.159
<v Speaker 4>If I had to guess because of the nature way

1750
01:31:44.279 --> 01:31:46.239
<v Speaker 4>way before that, way before that.

1751
01:31:46.319 --> 01:31:49.000
<v Speaker 10>Well, the reason I bring that up I think, I think,

1752
01:31:49.079 --> 01:31:51.560
<v Speaker 10>what not just the nail in the coffin. I think

1753
01:31:51.600 --> 01:31:54.239
<v Speaker 10>the hole was dug, the coffin was built, and the

1754
01:31:54.359 --> 01:31:56.319
<v Speaker 10>nail was put in it because of COVID.

1755
01:31:59.159 --> 01:32:01.720
<v Speaker 3>But man system.

1756
01:32:02.159 --> 01:32:05.000
<v Speaker 4>You know what's really weird is he kind of developed

1757
01:32:05.000 --> 01:32:09.640
<v Speaker 4>this system. And I wish somebody would it's worth something,

1758
01:32:10.039 --> 01:32:13.720
<v Speaker 4>you know what I'm saying. I just I would hate

1759
01:32:13.760 --> 01:32:16.600
<v Speaker 4>to see the technology just go out the window.

1760
01:32:16.720 --> 01:32:19.520
<v Speaker 10>But to go back to the caller though, if there was,

1761
01:32:19.640 --> 01:32:22.960
<v Speaker 10>like if there's any fraud, that's different. I don't see

1762
01:32:22.960 --> 01:32:26.560
<v Speaker 10>that happening because I knew this doctor. But there's going

1763
01:32:26.640 --> 01:32:30.239
<v Speaker 10>to be so many people in line. Really, the secure

1764
01:32:30.279 --> 01:32:33.039
<v Speaker 10>debtors are going to be number one. The irs is

1765
01:32:33.039 --> 01:32:35.640
<v Speaker 10>going to be number two if he owes either payroll taxes,

1766
01:32:35.880 --> 01:32:39.399
<v Speaker 10>which he probably does, and you're just so far down

1767
01:32:39.439 --> 01:32:41.720
<v Speaker 10>the line. It's crazy, and I know people hate to

1768
01:32:41.760 --> 01:32:44.079
<v Speaker 10>hear that. But now this guy didn't lose anything. His

1769
01:32:44.079 --> 01:32:46.720
<v Speaker 10>friend did. How much did he pull out of the account.

1770
01:32:47.720 --> 01:32:49.319
<v Speaker 22>I think there's their monthly bill. I think it was

1771
01:32:49.319 --> 01:32:51.039
<v Speaker 22>like one hundred and fifty or something like that.

1772
01:32:51.079 --> 01:32:54.079
<v Speaker 3>It wasn't really what they better do. They better shut

1773
01:32:54.119 --> 01:32:55.199
<v Speaker 3>that down. Now.

1774
01:32:55.239 --> 01:32:59.399
<v Speaker 4>Listen, here's the problem. If they originated it on his website,

1775
01:33:00.159 --> 01:33:02.760
<v Speaker 4>not going to be able to shut it down, and

1776
01:33:02.880 --> 01:33:06.319
<v Speaker 4>it might be doing it automatically. You got they got

1777
01:33:06.359 --> 01:33:08.520
<v Speaker 4>to take action to shut it down.

1778
01:33:08.720 --> 01:33:11.119
<v Speaker 10>I would I would reach out to I'd figure out

1779
01:33:11.119 --> 01:33:14.239
<v Speaker 10>who the trustee is and have that person reach out

1780
01:33:14.279 --> 01:33:17.199
<v Speaker 10>and go, hey, you know you're the trustee on this account.

1781
01:33:17.439 --> 01:33:19.279
<v Speaker 3>This guy's still taking money from me.

1782
01:33:20.239 --> 01:33:25.840
<v Speaker 4>Okay, yeah, yeah, you know what, I'd like to get

1783
01:33:25.880 --> 01:33:29.000
<v Speaker 4>Mike wink On just to ask him in general about

1784
01:33:29.000 --> 01:33:29.600
<v Speaker 4>stuff like that.

1785
01:33:29.680 --> 01:33:31.960
<v Speaker 10>You know what, he can pull up Mike can actually

1786
01:33:32.000 --> 01:33:33.640
<v Speaker 10>pull up the file and read it too.

1787
01:33:33.760 --> 01:33:39.079
<v Speaker 3>That'd be nice. So, Kachina, let's get Mike wink On. Keaton.

1788
01:33:39.119 --> 01:33:41.119
<v Speaker 4>You can hang out and listen, or you can hang

1789
01:33:41.199 --> 01:33:44.079
<v Speaker 4>up and listen. We'll talk about it in general. But Keaton,

1790
01:33:44.399 --> 01:33:47.239
<v Speaker 4>as I understand it, your case was was gone, was

1791
01:33:47.319 --> 01:33:52.680
<v Speaker 4>done right, you're you're all your daughter, I know it.

1792
01:33:52.680 --> 01:33:55.880
<v Speaker 22>It's and they were thinking about pulling four or five

1793
01:33:55.880 --> 01:33:59.520
<v Speaker 22>pep to make room, and so this was such a

1794
01:33:59.560 --> 01:34:02.640
<v Speaker 22>much better idea and it worked, and it works fantastic, and.

1795
01:34:02.600 --> 01:34:03.000
<v Speaker 14>You liked that.

1796
01:34:03.199 --> 01:34:07.680
<v Speaker 4>So my daughter never My daughter never spent a day embraces,

1797
01:34:08.399 --> 01:34:10.760
<v Speaker 4>and my son had to have some braces, but way

1798
01:34:10.840 --> 01:34:12.239
<v Speaker 4>less because they.

1799
01:34:12.039 --> 01:34:13.760
<v Speaker 3>Do that system of mouth things.

1800
01:34:13.840 --> 01:34:17.119
<v Speaker 4>Man, It's just it's like I said, I would hate

1801
01:34:17.119 --> 01:34:21.439
<v Speaker 4>to see this technology die if the business model, you know,

1802
01:34:21.520 --> 01:34:23.680
<v Speaker 4>if it was just for the business part of it.

1803
01:34:24.640 --> 01:34:26.640
<v Speaker 7>Yeah.

1804
01:34:26.680 --> 01:34:30.840
<v Speaker 4>Anyway, gosh, I'm sorry to hear that. So we're gonna

1805
01:34:30.840 --> 01:34:32.760
<v Speaker 4>get I want to get Mike wink On in general

1806
01:34:32.840 --> 01:34:35.680
<v Speaker 4>to talk about this. Three oh three seven one three

1807
01:34:35.760 --> 01:34:43.600
<v Speaker 4>talks seven one three A two five five. Go with

1808
01:34:43.680 --> 01:34:47.239
<v Speaker 4>a sure thing Denver's best roofer Excel Roofing dot com.

1809
01:34:47.279 --> 01:34:53.000
<v Speaker 4>You don't pay a cent until you're content. Time for

1810
01:34:53.039 --> 01:34:56.239
<v Speaker 4>an insurance check up free, no obligation. In comparison, call

1811
01:34:56.319 --> 01:34:59.600
<v Speaker 4>Compass Insurance paying too much your coverage at dozens of

1812
01:34:59.640 --> 01:35:02.600
<v Speaker 4>insurance companies find out now three oh three seven seven

1813
01:35:02.600 --> 01:35:05.399
<v Speaker 4>to one help. You'll think you're his only customer when

1814
01:35:05.439 --> 01:35:07.920
<v Speaker 4>you choose Frank durand the real estate Man dot com

1815
01:35:07.920 --> 01:35:11.079
<v Speaker 4>to list your home with Remax Alliance three oh three

1816
01:35:11.159 --> 01:35:22.479
<v Speaker 4>nine two zero sixteen twenty two plus.

1817
01:35:22.199 --> 01:35:25.800
<v Speaker 3>Miss new Lighting. We really trust, I mean, I think

1818
01:35:25.840 --> 01:35:27.960
<v Speaker 3>to be trained to lighting. He's easy.

1819
01:35:29.359 --> 01:35:32.720
<v Speaker 10>Three oh three Martino don't forget that number works on

1820
01:35:32.800 --> 01:35:33.600
<v Speaker 10>and off the air.

1821
01:35:35.800 --> 01:35:38.319
<v Speaker 3>Am I on the air or off? Yes, sir, maybe

1822
01:35:38.359 --> 01:35:41.399
<v Speaker 3>I'm not on the air anymore. Hello, definitely on the air.

1823
01:35:41.840 --> 01:35:42.439
<v Speaker 6>Sh anyhow?

1824
01:35:42.520 --> 01:35:44.680
<v Speaker 3>Three oh three seven one three eight two s here.

1825
01:35:44.760 --> 01:35:47.560
<v Speaker 3>I am sorry. It was my fault. I'm sorry, man,

1826
01:35:47.840 --> 01:35:50.560
<v Speaker 3>I had my earpiece off. I was blaming Dragon this

1827
01:35:50.640 --> 01:35:51.119
<v Speaker 3>whole time.

1828
01:35:51.199 --> 01:35:54.600
<v Speaker 4>Tom, totally, you can d You can blame me and

1829
01:35:54.680 --> 01:35:56.079
<v Speaker 4>call me any names you want.

1830
01:35:56.319 --> 01:35:59.520
<v Speaker 10>I still think it was dragonway no matter what you say.

1831
01:36:00.119 --> 01:36:03.960
<v Speaker 3>Mike Wink is with us. Hey, Mike, this is always.

1832
01:36:03.800 --> 01:36:08.199
<v Speaker 4>Unfortunate when a bankruptcy happens with a business and we

1833
01:36:08.279 --> 01:36:12.720
<v Speaker 4>have a chapter. We have a chapter eleven. Can you

1834
01:36:12.800 --> 01:36:16.279
<v Speaker 4>explain and then it turns seven. Explain what an eleven

1835
01:36:16.479 --> 01:36:20.359
<v Speaker 4>is with a business and is it available only to businesses?

1836
01:36:20.439 --> 01:36:23.880
<v Speaker 4>This is Mike Wink who is a bankruptcy attorney and expert.

1837
01:36:23.880 --> 01:36:26.560
<v Speaker 9>Go ahead, Mike, Yeah, Tom.

1838
01:36:26.680 --> 01:36:32.560
<v Speaker 12>Chapter eleven is essentially what's fined as a reorganization and

1839
01:36:32.600 --> 01:36:34.600
<v Speaker 12>it is not only available.

1840
01:36:34.119 --> 01:36:37.800
<v Speaker 9>To businesses, but it is available to businesses and people

1841
01:36:37.840 --> 01:36:41.880
<v Speaker 9>who the majority of their debt is business debt, and

1842
01:36:41.960 --> 01:36:46.760
<v Speaker 9>it basically can enable the business or the individual to

1843
01:36:46.880 --> 01:36:50.399
<v Speaker 9>restructure debt to be repaid under different terms that may

1844
01:36:50.439 --> 01:36:52.760
<v Speaker 9>be more favorable to the debtor.

1845
01:36:54.680 --> 01:36:57.560
<v Speaker 4>And do they end up usually paying one hundred percent

1846
01:36:57.600 --> 01:36:59.720
<v Speaker 4>on the dollar or are they relieved of any.

1847
01:37:00.359 --> 01:37:02.000
<v Speaker 9>They're usually relieved right that.

1848
01:37:02.520 --> 01:37:06.600
<v Speaker 12>Essentially, creditors get classified based on their rights, so you

1849
01:37:06.720 --> 01:37:11.359
<v Speaker 12>have like secured creditors and sometimes even shareholders get get

1850
01:37:11.399 --> 01:37:15.119
<v Speaker 12>involved and then unsecured creditors and so typically the unsecured

1851
01:37:15.159 --> 01:37:19.239
<v Speaker 12>creditors are taking less than is owed or maybe getting nothing,

1852
01:37:19.319 --> 01:37:22.039
<v Speaker 12>depending on the facts and circumstances.

1853
01:37:23.760 --> 01:37:28.560
<v Speaker 4>So do business you know, I actually don't know this

1854
01:37:28.840 --> 01:37:33.199
<v Speaker 4>and I should do. Businesses they usually don't come out

1855
01:37:33.199 --> 01:37:35.199
<v Speaker 4>of it. Is that true or not true? Or is

1856
01:37:36.039 --> 01:37:38.800
<v Speaker 4>it a last ditch effort or do people ever? Do

1857
01:37:38.960 --> 01:37:41.840
<v Speaker 4>businesses ever come out of it and do well?

1858
01:37:42.640 --> 01:37:44.079
<v Speaker 9>Absolutely, businesses do.

1859
01:37:44.479 --> 01:37:47.039
<v Speaker 12>And there's some high profile cases of you know, big

1860
01:37:47.079 --> 01:37:51.199
<v Speaker 12>businesses like United that have come out of bankruptcy in

1861
01:37:51.680 --> 01:37:52.560
<v Speaker 12>very good shape.

1862
01:37:53.319 --> 01:37:54.840
<v Speaker 9>But it is a much higher.

1863
01:37:54.600 --> 01:37:58.479
<v Speaker 12>Risk bankruptcy than any type of consumer bankruptcy.

1864
01:37:59.199 --> 01:38:01.680
<v Speaker 9>And one of the big.

1865
01:38:01.399 --> 01:38:05.159
<v Speaker 12>Risks is that a lot of times the business has

1866
01:38:05.159 --> 01:38:09.680
<v Speaker 12>a very rosy view of the future and a payment plan,

1867
01:38:09.760 --> 01:38:12.600
<v Speaker 12>a reorganization plan gets set up based upon.

1868
01:38:12.439 --> 01:38:14.520
<v Speaker 9>That rosy view, and so we're going to pay these

1869
01:38:14.560 --> 01:38:17.079
<v Speaker 9>secured creditors and this and that, and then they can't

1870
01:38:17.159 --> 01:38:21.960
<v Speaker 9>meet those payments and the case either gets dismithed or

1871
01:38:22.079 --> 01:38:24.560
<v Speaker 9>it maybe it sounds like in this case converted to

1872
01:38:24.680 --> 01:38:25.439
<v Speaker 9>chapters help.

1873
01:38:26.760 --> 01:38:30.239
<v Speaker 4>Yeah, that's what I read about neo orthodontics. By the way,

1874
01:38:30.359 --> 01:38:34.039
<v Speaker 4>doctor Lawson, what a great technology. I can't speak to

1875
01:38:34.039 --> 01:38:37.479
<v Speaker 4>his business, you know, but my kids went through it.

1876
01:38:37.520 --> 01:38:39.439
<v Speaker 3>I know numerous people that went through it.

1877
01:38:40.600 --> 01:38:44.880
<v Speaker 4>Anyway, when it's converted to a seven, what does that

1878
01:38:44.960 --> 01:38:46.359
<v Speaker 4>usually signal.

1879
01:38:47.039 --> 01:38:50.039
<v Speaker 23>Well, it's it's usually not a good thing for the

1880
01:38:50.119 --> 01:38:55.960
<v Speaker 23>debtor because typically in those situations there's assets that the

1881
01:38:56.000 --> 01:39:00.359
<v Speaker 23>creditors would be entitled to liquidate. The fundamental press of

1882
01:39:00.399 --> 01:39:03.880
<v Speaker 23>a chapter eleven is, hey, everybody, you're going to do

1883
01:39:03.960 --> 01:39:07.279
<v Speaker 23>better if you let us have the keep these assets,

1884
01:39:08.039 --> 01:39:11.479
<v Speaker 23>make money and repay you over time, say five years,

1885
01:39:13.199 --> 01:39:15.079
<v Speaker 23>then you would be if you came in and took

1886
01:39:15.119 --> 01:39:17.800
<v Speaker 23>everything right. In other words, some is work.

1887
01:39:17.920 --> 01:39:21.199
<v Speaker 3>Who makes the choice to convert? Who makes the choice to.

1888
01:39:21.199 --> 01:39:26.319
<v Speaker 9>Convert the Typically it's it's creditors, they're not on board

1889
01:39:26.319 --> 01:39:26.880
<v Speaker 9>with the plan.

1890
01:39:27.560 --> 01:39:28.279
<v Speaker 8>It could it could.

1891
01:39:28.359 --> 01:39:30.159
<v Speaker 23>I think it also could come from the trustee of

1892
01:39:30.159 --> 01:39:34.119
<v Speaker 23>the court, depending on if the plan is being at

1893
01:39:34.119 --> 01:39:35.680
<v Speaker 23>the plant at the terms of the plan aren't being

1894
01:39:35.720 --> 01:39:37.079
<v Speaker 23>met by the debtor and.

1895
01:39:37.119 --> 01:39:39.960
<v Speaker 10>Tom the plan comes down to To get the initial

1896
01:39:40.000 --> 01:39:42.840
<v Speaker 10>plan through, it basically comes down to a vote of the.

1897
01:39:42.840 --> 01:39:49.880
<v Speaker 12>Creditors correct correct. Typically the votes are classified by the

1898
01:39:50.960 --> 01:39:51.840
<v Speaker 12>by the classes of.

1899
01:39:51.840 --> 01:39:55.399
<v Speaker 4>The Mike, Mike, I can think, I can't think of

1900
01:39:55.479 --> 01:39:59.319
<v Speaker 4>many assets. This is not a regular dental office. I mean,

1901
01:39:59.359 --> 01:40:03.960
<v Speaker 4>this is their system is so sparse. In fact, how

1902
01:40:04.000 --> 01:40:08.560
<v Speaker 4>it works, it's a wonderful system, But I can't think

1903
01:40:08.640 --> 01:40:11.600
<v Speaker 4>you know of a lot of assets that would be there,

1904
01:40:11.680 --> 01:40:15.439
<v Speaker 4>you know, I mean offices, And they would rather.

1905
01:40:15.319 --> 01:40:16.239
<v Speaker 9>Dismiss the case.

1906
01:40:16.319 --> 01:40:23.520
<v Speaker 12>But conversion is driven by someone's perception. Some creditors trust

1907
01:40:23.560 --> 01:40:27.239
<v Speaker 12>the court's perception that the assets are worth more than

1908
01:40:27.279 --> 01:40:30.680
<v Speaker 12>the plan, and they'd rather just huh.

1909
01:40:30.159 --> 01:40:31.600
<v Speaker 3>And could part of that asset?

1910
01:40:31.680 --> 01:40:35.159
<v Speaker 4>Here's what I want to know, his technology, which I

1911
01:40:35.199 --> 01:40:40.840
<v Speaker 4>believe he developed. Could that be in itself intellectual property

1912
01:40:40.880 --> 01:40:42.720
<v Speaker 4>worth something to a bankruptcy court.

1913
01:40:43.399 --> 01:40:49.880
<v Speaker 12>Absolutely it could, you know, bankruptcy court bankruptcy trustees are

1914
01:40:49.960 --> 01:40:54.479
<v Speaker 12>not the best liquidating things like that, and so even

1915
01:40:54.479 --> 01:40:57.000
<v Speaker 12>if it has value, it can be difficult to sell.

1916
01:40:57.720 --> 01:41:02.960
<v Speaker 12>But you know, if it's that good, absolutely it could

1917
01:41:02.960 --> 01:41:03.479
<v Speaker 12>be an asset.

1918
01:41:03.600 --> 01:41:05.439
<v Speaker 10>Doesn't that mean though he would have to have a

1919
01:41:05.479 --> 01:41:07.560
<v Speaker 10>patent on it? I mean just because you're good at

1920
01:41:08.079 --> 01:41:08.640
<v Speaker 10>you know, I.

1921
01:41:08.920 --> 01:41:12.000
<v Speaker 4>Really no mark to the extent. Yeah, I don't know

1922
01:41:12.039 --> 01:41:15.119
<v Speaker 4>the extent of his technology. I know, you know he

1923
01:41:15.199 --> 01:41:18.119
<v Speaker 4>borrowed here, borrowed there, But I think he really developed

1924
01:41:18.119 --> 01:41:23.960
<v Speaker 4>this new early orthodontics. Ah, it's such a shame. And Mike,

1925
01:41:24.000 --> 01:41:25.880
<v Speaker 4>if you can hang on, I have a few more questions.

1926
01:41:25.920 --> 01:41:28.399
<v Speaker 4>If so, because people that run up against this. I

1927
01:41:28.479 --> 01:41:30.920
<v Speaker 4>just want to talk about priorities. And then Laurie, we

1928
01:41:30.960 --> 01:41:39.039
<v Speaker 4>can take you too. I'm Tom Martine. Go with a

1929
01:41:39.079 --> 01:41:42.640
<v Speaker 4>sure thing Denver's best roofer Excel Roofing dot com. You

1930
01:41:42.640 --> 01:41:48.399
<v Speaker 4>don't pay a cent until you're content. Time for an

1931
01:41:48.439 --> 01:41:52.079
<v Speaker 4>insurance check up free, no obligation. In comparison, call Compass

1932
01:41:52.119 --> 01:41:55.399
<v Speaker 4>insurance paying too much your coverage at dozens of insurance

1933
01:41:55.399 --> 01:41:57.880
<v Speaker 4>companies find out now three O three, seven to seven

1934
01:41:57.920 --> 01:42:00.680
<v Speaker 4>to one help. You'll think you're his only customer when

1935
01:42:00.720 --> 01:42:03.199
<v Speaker 4>you choose Frank durand the real estate Man dot com

1936
01:42:03.199 --> 01:42:06.359
<v Speaker 4>to list your home with Remax Alliance three oh three

1937
01:42:06.439 --> 01:42:21.399
<v Speaker 4>nine two zero sixteen twenty two TI Tom Martine Your

1938
01:42:21.520 --> 01:42:24.680
<v Speaker 4>Troubleshooter three oh three seven one three talk three oh

1939
01:42:24.720 --> 01:42:27.880
<v Speaker 4>three seven one three eight two five five again Mike

1940
01:42:27.920 --> 01:42:34.039
<v Speaker 4>Wink from Wink and Wink Mike when in priority? How

1941
01:42:34.079 --> 01:42:38.880
<v Speaker 4>do they set priority for liquidation and payouts? And what

1942
01:42:38.920 --> 01:42:43.279
<v Speaker 4>would happen if payments were automatically drafted? Because he worked

1943
01:42:43.319 --> 01:42:46.920
<v Speaker 4>on a monthly basis where he would draw a flat.

1944
01:42:46.680 --> 01:42:48.119
<v Speaker 3>Monthly fee from your account.

1945
01:42:48.600 --> 01:42:51.720
<v Speaker 4>And I'm sure this wasn't done intentionally, But after the

1946
01:42:51.800 --> 01:42:55.600
<v Speaker 4>filing and they closed, some people are still getting tapped.

1947
01:42:55.960 --> 01:42:58.720
<v Speaker 4>Will the trustee get I mean, how do how would

1948
01:42:58.760 --> 01:43:01.439
<v Speaker 4>they work? First those of media payments do they go

1949
01:43:01.520 --> 01:43:04.279
<v Speaker 4>into the hopper and they have to wait for everyone? Now?

1950
01:43:05.439 --> 01:43:10.960
<v Speaker 12>Well, so secure creditors are basically first in priority, so

1951
01:43:11.079 --> 01:43:11.640
<v Speaker 12>they have a lean.

1952
01:43:11.920 --> 01:43:14.439
<v Speaker 9>Those assets are going with secure creditors.

1953
01:43:15.119 --> 01:43:17.920
<v Speaker 4>But even if money was just taken out, in other words,

1954
01:43:17.960 --> 01:43:22.199
<v Speaker 4>if my ach payment for service was just taken out,

1955
01:43:22.520 --> 01:43:25.359
<v Speaker 4>is that different or is that still going to the big.

1956
01:43:25.159 --> 01:43:29.479
<v Speaker 9>Hopper you talk about taken out prior to filing bankruptcy

1957
01:43:29.640 --> 01:43:31.279
<v Speaker 9>or after no.

1958
01:43:32.000 --> 01:43:36.199
<v Speaker 4>After they closed the payment was just taken out after.

1959
01:43:36.079 --> 01:43:41.119
<v Speaker 9>I see if it reaches a threshold.

1960
01:43:42.479 --> 01:43:45.640
<v Speaker 12>Of seventy five hundred I think, and then in the

1961
01:43:46.239 --> 01:43:48.079
<v Speaker 12>ninety days before filing bank.

1962
01:43:49.840 --> 01:43:52.960
<v Speaker 9>Payment, in which case the trustee can recover it.

1963
01:43:53.439 --> 01:43:56.560
<v Speaker 3>Now there's others okay involved with prep. Hey, Mike, try

1964
01:43:56.600 --> 01:44:00.520
<v Speaker 3>to stay on with us. Okay, I'm so alry, Michael.

1965
01:44:00.560 --> 01:44:04.319
<v Speaker 4>We'll call you back. And for blasting that music, that

1966
01:44:04.399 --> 01:44:06.399
<v Speaker 4>was really a good touch. We got more coming up

1967
01:44:06.439 --> 01:44:09.239
<v Speaker 4>on the Troubleshooter Shows. Go with a sure thing Denver's

1968
01:44:09.279 --> 01:44:11.560
<v Speaker 4>Best roofer Excel Roofing dot com.

1969
01:44:11.600 --> 01:44:13.640
<v Speaker 3>You don't pay a cent until you're content.

1970
01:44:17.000 --> 01:44:20.199
<v Speaker 4>Time for an insurance check up free, no obligation comparison

1971
01:44:20.319 --> 01:44:23.880
<v Speaker 4>call Compass Insurance. Pay too much your coverage at dozens

1972
01:44:23.920 --> 01:44:26.640
<v Speaker 4>of insurance companies find out now three oh three seven

1973
01:44:26.720 --> 01:44:29.560
<v Speaker 4>seven to one help. You'll think you're his only customer

1974
01:44:29.600 --> 01:44:31.840
<v Speaker 4>when you choose Frank durand the real estate Man dot

1975
01:44:31.880 --> 01:44:35.199
<v Speaker 4>com to list your home with Remax Alliance three oh

1976
01:44:35.239 --> 01:44:37.119
<v Speaker 4>three nine two zero sixteen twenty two.

1977
01:44:38.079 --> 01:44:43.560
<v Speaker 1>Yeah, ripped.

1978
01:44:45.039 --> 01:44:45.319
<v Speaker 14>News.

1979
01:44:47.239 --> 01:44:48.279
<v Speaker 8>So you don't have to.

1980
01:44:50.720 --> 01:44:55.279
<v Speaker 1>Run as fast as we can. Shooter's gonna help.

1981
01:44:55.560 --> 01:44:58.359
<v Speaker 8>Come man, this is.

1982
01:44:58.319 --> 01:45:04.800
<v Speaker 2>The Troubleshooter Show. No Tom Martino, Hi.

1983
01:45:04.880 --> 01:45:05.640
<v Speaker 3>Tom Martino.

1984
01:45:05.760 --> 01:45:10.720
<v Speaker 4>Here Welcome to the show, solving problems, answering questions, taking complainants.

1985
01:45:11.239 --> 01:45:13.199
<v Speaker 4>Let's go to the funds. It's been a very busy

1986
01:45:13.279 --> 01:45:16.600
<v Speaker 4>day and we love that. We love answering questions and

1987
01:45:16.640 --> 01:45:18.279
<v Speaker 4>taking care of problems for people.

1988
01:45:19.119 --> 01:45:19.640
<v Speaker 3>One and all.

1989
01:45:19.680 --> 01:45:26.760
<v Speaker 4>We have our expert on Mike Wink because something happened recently. Neo,

1990
01:45:27.399 --> 01:45:32.680
<v Speaker 4>a new early orthodontics which is Neo ne EO I guess,

1991
01:45:32.720 --> 01:45:38.279
<v Speaker 4>filed for chapter eleven bankruptcy and then chapter seven and

1992
01:45:38.760 --> 01:45:41.840
<v Speaker 4>they used to advertise with us, and so people called us.

1993
01:45:41.840 --> 01:45:45.840
<v Speaker 4>My children also went through the program, which is excellent technology.

1994
01:45:46.239 --> 01:45:46.439
<v Speaker 3>You know.

1995
01:45:46.479 --> 01:45:48.960
<v Speaker 4>He would charge a flat monthly fee and then they

1996
01:45:49.000 --> 01:45:52.680
<v Speaker 4>did a system of mouth things that would change teeth

1997
01:45:52.720 --> 01:45:57.399
<v Speaker 4>and alter them dramatically without heavy bracing. Sometimes you needed

1998
01:45:57.399 --> 01:45:59.560
<v Speaker 4>embrace us here and there, but it was just it

1999
01:45:59.600 --> 01:46:03.760
<v Speaker 4>was drama. Add and my one daughter here and my

2000
01:46:04.079 --> 01:46:07.760
<v Speaker 4>only daughter, Delci, went through never had a day embraces

2001
01:46:07.760 --> 01:46:11.359
<v Speaker 4>and her teeth went perfectly. My son, on the other hand,

2002
01:46:11.399 --> 01:46:14.079
<v Speaker 4>had some bracing, but way less than normal.

2003
01:46:14.399 --> 01:46:16.319
<v Speaker 3>It's just a good system.

2004
01:46:16.359 --> 01:46:19.239
<v Speaker 4>But hey, there was a bankruptcy then now it's turned

2005
01:46:19.279 --> 01:46:21.119
<v Speaker 4>to a chapter seven, which means liquidation.

2006
01:46:21.880 --> 01:46:22.720
<v Speaker 3>Some of these.

2007
01:46:22.560 --> 01:46:26.520
<v Speaker 4>Accounts were tapped on their monthly payment after the filing

2008
01:46:26.560 --> 01:46:30.239
<v Speaker 4>and after they closed. And I asked, Mike, if so,

2009
01:46:30.479 --> 01:46:33.439
<v Speaker 4>if you pay a payment to someone right after they

2010
01:46:33.479 --> 01:46:37.319
<v Speaker 4>filed and right after they closed, and they either inadvertently

2011
01:46:37.439 --> 01:46:41.520
<v Speaker 4>or intentionally pulled payments from you, Mike, do those payments

2012
01:46:41.800 --> 01:46:44.319
<v Speaker 4>get put into the bankruptcy estate and.

2013
01:46:44.279 --> 01:46:47.479
<v Speaker 3>Distributed like to secure creditors.

2014
01:46:47.039 --> 01:46:49.760
<v Speaker 4>First and all of that, or would those recent payments

2015
01:46:49.800 --> 01:46:51.640
<v Speaker 4>be sent back to the people immediately.

2016
01:46:52.760 --> 01:46:56.520
<v Speaker 12>It depends on how the Chapter eleven was structured. So

2017
01:46:56.560 --> 01:46:58.800
<v Speaker 12>typically when an eleven is filed, there's a bunch of

2018
01:46:58.840 --> 01:47:01.720
<v Speaker 12>what they call first they motions that are filed to

2019
01:47:01.800 --> 01:47:05.479
<v Speaker 12>give the debtor, to give whoever runs the business permission

2020
01:47:05.560 --> 01:47:08.039
<v Speaker 12>to kind of control things. And part of that will

2021
01:47:08.079 --> 01:47:09.880
<v Speaker 12>set out like this is a this is who we're

2022
01:47:09.920 --> 01:47:12.439
<v Speaker 12>allowed to pay, you know, this is who we're going

2023
01:47:12.479 --> 01:47:14.840
<v Speaker 12>to pay all that kind of stuff, and if it's approved,

2024
01:47:15.239 --> 01:47:17.159
<v Speaker 12>then that money is not going to be and and

2025
01:47:17.239 --> 01:47:20.800
<v Speaker 12>the payments were in line with the services provided, meaning

2026
01:47:21.079 --> 01:47:23.840
<v Speaker 12>you know, if it's your AH, for example, right like

2027
01:47:24.000 --> 01:47:26.279
<v Speaker 12>you need your AH, it's it's a critical so called

2028
01:47:26.279 --> 01:47:29.199
<v Speaker 12>critical vendor, they're not going to recover the payments that

2029
01:47:29.239 --> 01:47:32.279
<v Speaker 12>you made dear ah either before after as long as

2030
01:47:32.279 --> 01:47:34.239
<v Speaker 12>they were in the ordinary course of business and there

2031
01:47:34.279 --> 01:47:37.199
<v Speaker 12>was no kind of money business going on where you

2032
01:47:37.199 --> 01:47:39.119
<v Speaker 12>you know, forked a bunch of money over to.

2033
01:47:39.239 --> 01:47:41.399
<v Speaker 4>So what about a pay What about a consumer who

2034
01:47:41.439 --> 01:47:45.239
<v Speaker 4>paid for services? They're never going to get all So

2035
01:47:45.279 --> 01:47:48.600
<v Speaker 4>they're a creditor, right, So that's different.

2036
01:47:48.680 --> 01:47:51.119
<v Speaker 9>And so they're paying the business as opposed to the

2037
01:47:51.119 --> 01:47:52.119
<v Speaker 9>business paying someone else.

2038
01:47:52.199 --> 01:47:54.600
<v Speaker 3>Is that you're right? That's right?

2039
01:47:54.800 --> 01:47:56.960
<v Speaker 9>Yeah, yeah, yeah, So they're a creditor and they're going

2040
01:47:57.000 --> 01:47:59.920
<v Speaker 9>to be in line to get a distribution if they're

2041
01:48:00.199 --> 01:48:02.319
<v Speaker 9>enough there. But there's gonna be.

2042
01:48:02.359 --> 01:48:05.600
<v Speaker 4>So in other words, even though it just happened, even

2043
01:48:05.640 --> 01:48:08.920
<v Speaker 4>though it just happened, I have to go through that

2044
01:48:09.000 --> 01:48:09.920
<v Speaker 4>whole rigamarole.

2045
01:48:10.000 --> 01:48:13.520
<v Speaker 3>Now I can't simply get it back.

2046
01:48:14.159 --> 01:48:16.319
<v Speaker 9>Correct, correct, you have to go home?

2047
01:48:17.079 --> 01:48:17.760
<v Speaker 12>Ok? Absolutely?

2048
01:48:18.079 --> 01:48:19.079
<v Speaker 9>Yeah?

2049
01:48:19.119 --> 01:48:21.359
<v Speaker 3>And what is the priority in a bankruptcy?

2050
01:48:22.000 --> 01:48:25.079
<v Speaker 12>Well, so, for example, a common one for business is

2051
01:48:25.079 --> 01:48:26.880
<v Speaker 12>that much about what the dominics but would be like

2052
01:48:26.920 --> 01:48:27.760
<v Speaker 12>sales taxes.

2053
01:48:28.279 --> 01:48:31.760
<v Speaker 9>My sales taxes are going to get paid before others.

2054
01:48:31.840 --> 01:48:34.319
<v Speaker 12>And then certain employees up to a certain amount of

2055
01:48:34.840 --> 01:48:38.000
<v Speaker 12>payroll are also going to get paid before, say the

2056
01:48:38.039 --> 01:48:43.520
<v Speaker 12>customer is going to get their money back, okay.

2057
01:48:44.119 --> 01:48:48.079
<v Speaker 3>And taxes they're right up there, right, yes.

2058
01:48:48.039 --> 01:48:50.680
<v Speaker 9>Payroll sales taxes, payroll taxes, definitely.

2059
01:48:52.800 --> 01:48:58.239
<v Speaker 3>Okay. Is there is no winner here ever? Right? I

2060
01:48:58.279 --> 01:49:01.680
<v Speaker 3>mean it's unfortunately the.

2061
01:49:01.720 --> 01:49:04.159
<v Speaker 9>Way it sounds like it's failed. Yeah, it's it's not.

2062
01:49:04.319 --> 01:49:10.119
<v Speaker 9>It's usually that's not a good situation. Yeah, yeah, okay.

2063
01:49:10.520 --> 01:49:12.920
<v Speaker 9>Why well, as a bankruptcy attorney, you really want to

2064
01:49:12.960 --> 01:49:16.319
<v Speaker 9>bet the viability of the business before you, you know,

2065
01:49:16.439 --> 01:49:18.359
<v Speaker 9>push it into an eleven, because there's a lot of

2066
01:49:18.399 --> 01:49:20.520
<v Speaker 9>risks there, a lot of risk of a train wreck.

2067
01:49:20.800 --> 01:49:21.079
<v Speaker 3>Yeah.

2068
01:49:22.720 --> 01:49:25.680
<v Speaker 4>Yeah, so that's probably why I went to a seven.

2069
01:49:27.000 --> 01:49:31.640
<v Speaker 3>Correct And okay, all right, well, thank you very much, Mike.

2070
01:49:31.920 --> 01:49:35.800
<v Speaker 3>There's not much more. Did you look up this particular case?

2071
01:49:36.479 --> 01:49:38.520
<v Speaker 9>I have not, no, but you just gave me the names.

2072
01:49:38.560 --> 01:49:40.479
<v Speaker 3>Okay, yeah, but it.

2073
01:49:40.399 --> 01:49:42.520
<v Speaker 4>Is it is public record if people want to look

2074
01:49:42.560 --> 01:49:44.239
<v Speaker 4>it up, right, correct?

2075
01:49:44.680 --> 01:49:45.079
<v Speaker 19>Correct?

2076
01:49:45.640 --> 01:49:47.560
<v Speaker 3>How do they look up a bankruptcy case?

2077
01:49:48.439 --> 01:49:52.359
<v Speaker 20>You know, as a as a layperson, I'm not sure

2078
01:49:52.399 --> 01:49:54.800
<v Speaker 20>I think you could call the bankruptcy court and order

2079
01:49:54.880 --> 01:49:57.319
<v Speaker 20>the documents. I don't think you get access to online,

2080
01:49:57.359 --> 01:50:00.640
<v Speaker 20>which I have as an attorney, So I suppose another

2081
01:50:00.640 --> 01:50:02.399
<v Speaker 20>thing you do would be to call us and we can.

2082
01:50:02.279 --> 01:50:02.920
<v Speaker 9>Look it up for you.

2083
01:50:04.640 --> 01:50:06.159
<v Speaker 6>I have recent experience with that.

2084
01:50:06.399 --> 01:50:08.880
<v Speaker 19>I had to look somebody up who had filed bankruptcy

2085
01:50:08.920 --> 01:50:12.279
<v Speaker 19>at the Federal Court at Denver, and I did it

2086
01:50:12.319 --> 01:50:14.399
<v Speaker 19>two ways. First of all, you can just show up

2087
01:50:14.439 --> 01:50:17.119
<v Speaker 19>there in person and they have a little computer room

2088
01:50:17.680 --> 01:50:20.199
<v Speaker 19>and you can look up the case and make prints

2089
01:50:20.239 --> 01:50:24.239
<v Speaker 19>and make printouts, and they charge your ten cents a page.

2090
01:50:24.439 --> 01:50:26.800
<v Speaker 3>Okay, and they help you look it up.

2091
01:50:26.880 --> 01:50:28.640
<v Speaker 19>Yeah, they show you how to do it, and then

2092
01:50:28.680 --> 01:50:30.840
<v Speaker 19>you use one of the terminals and then you can

2093
01:50:30.880 --> 01:50:32.119
<v Speaker 19>print whatever documents.

2094
01:50:32.119 --> 01:50:33.800
<v Speaker 3>But every filing is in there.

2095
01:50:33.800 --> 01:50:37.279
<v Speaker 19>It's it's the BASER system, and every filing is in there,

2096
01:50:37.279 --> 01:50:40.079
<v Speaker 19>and you hit print and then the ladies sell you

2097
01:50:40.079 --> 01:50:43.479
<v Speaker 19>your printouts for ten cents a page.

2098
01:50:43.600 --> 01:50:46.800
<v Speaker 3>And that's thank you. Mike Wink Law Firm dot com.

2099
01:50:47.079 --> 01:50:50.600
<v Speaker 4>For Mike, it's seven to zero five to two three

2100
01:50:51.640 --> 01:50:56.079
<v Speaker 4>zero six two zero. That's seven two zero five two

2101
01:50:56.159 --> 01:51:00.800
<v Speaker 4>three zero six two zero Wink Law Firm dot Com. Hey, Mike,

2102
01:51:00.840 --> 01:51:03.399
<v Speaker 4>has there been an uptick in bankruptcies over the past year?

2103
01:51:04.920 --> 01:51:10.159
<v Speaker 9>Yeah, definitely, definitely, we're seeing more. Yes, Yeah, there has been.

2104
01:51:10.159 --> 01:51:15.239
<v Speaker 9>I think COVID created a kind of delayed, delayed reaction.

2105
01:51:15.479 --> 01:51:17.840
<v Speaker 12>I think, you know, all the stimulus sort of put

2106
01:51:17.880 --> 01:51:18.920
<v Speaker 12>off days.

2107
01:51:18.600 --> 01:51:21.439
<v Speaker 9>Of reckoning which are coming do now. So we're seeing

2108
01:51:21.479 --> 01:51:23.880
<v Speaker 9>a lot of small business failures similar to what we're

2109
01:51:23.880 --> 01:51:24.680
<v Speaker 9>talking about here.

2110
01:51:25.680 --> 01:51:27.520
<v Speaker 12>That's driving a lot a lot of people are getting

2111
01:51:27.560 --> 01:51:30.960
<v Speaker 12>sued more foreclosure activity all across the board.

2112
01:51:30.960 --> 01:51:33.760
<v Speaker 9>I think we're seeing our business tick up.

2113
01:51:35.600 --> 01:51:38.399
<v Speaker 3>Okay. And you think it all started with COVID and

2114
01:51:38.439 --> 01:51:39.279
<v Speaker 3>then grew from there.

2115
01:51:39.880 --> 01:51:42.479
<v Speaker 9>I think so. I mean, I think that you know,

2116
01:51:42.520 --> 01:51:45.319
<v Speaker 9>it just created a lot of hardship that was put

2117
01:51:45.359 --> 01:51:49.239
<v Speaker 9>off because of stimul lissen things. Yeah, that's not a

2118
01:51:49.279 --> 01:51:51.119
<v Speaker 9>criticism of just the reality of it.

2119
01:51:51.600 --> 01:51:53.399
<v Speaker 3>And yeah, no, I get it, I get it.

2120
01:51:53.479 --> 01:51:53.880
<v Speaker 7>Yeah.

2121
01:51:53.960 --> 01:51:54.279
<v Speaker 13>Yeah.

2122
01:51:54.319 --> 01:51:56.399
<v Speaker 9>And so now your business went through a hard time

2123
01:51:56.439 --> 01:51:59.760
<v Speaker 9>and you borrowed money to get through it, but you're

2124
01:51:59.840 --> 01:52:02.079
<v Speaker 9>not necessarily a position to pay that pour of money

2125
01:52:02.079 --> 01:52:03.960
<v Speaker 9>that you probably couldn't have paid before. You know, all

2126
01:52:04.000 --> 01:52:05.920
<v Speaker 9>I did was get you through. It's not like it

2127
01:52:06.000 --> 01:52:07.439
<v Speaker 9>helped you grow your business or something.

2128
01:52:09.279 --> 01:52:11.600
<v Speaker 4>Thank you very much, Mike. I We'll see you around, man.

2129
01:52:11.640 --> 01:52:13.359
<v Speaker 4>We'll call you again when we need some help. Thank

2130
01:52:13.399 --> 01:52:14.000
<v Speaker 4>you very much.

2131
01:52:14.279 --> 01:52:19.000
<v Speaker 3>All right, Laurie, what's going on? Laurie?

2132
01:52:18.880 --> 01:52:21.760
<v Speaker 2>Yes, yes, what's happening?

2133
01:52:21.840 --> 01:52:22.079
<v Speaker 18>Hello?

2134
01:52:23.840 --> 01:52:28.680
<v Speaker 21>Yes, Lourie, Hi, Hi, thank you Tom. Last Thursday I

2135
01:52:28.720 --> 01:52:31.199
<v Speaker 21>had made an appointment at Groove Forward to have my

2136
01:52:31.359 --> 01:52:35.520
<v Speaker 21>car looked at because my engine sail light had come on.

2137
01:52:36.640 --> 01:52:41.000
<v Speaker 21>I've made an appointment for one o'clock on Wednesday. Seeing

2138
01:52:42.600 --> 01:52:46.960
<v Speaker 21>eight brought my car. They're in a timely manner. They

2139
01:52:48.279 --> 01:52:52.119
<v Speaker 21>took the keys, they took the car. They didn't give

2140
01:52:52.119 --> 01:52:56.800
<v Speaker 21>me anything to sign. They didn't give me anything for

2141
01:52:56.880 --> 01:53:00.359
<v Speaker 21>receipt of my car, which I thought was peculiar. I said,

2142
01:53:00.840 --> 01:53:03.960
<v Speaker 21>don't I get anything. Isn't there any paperwork? And he said, no,

2143
01:53:04.359 --> 01:53:08.039
<v Speaker 21>that's our protocol. We'll call you in three to five

2144
01:53:08.159 --> 01:53:11.479
<v Speaker 21>days to let you know what's wrong. So I really

2145
01:53:11.479 --> 01:53:13.600
<v Speaker 21>would just like to have you know. The check engine

2146
01:53:13.640 --> 01:53:18.960
<v Speaker 21>light come on. So I had lost my air tag

2147
01:53:19.159 --> 01:53:24.880
<v Speaker 21>for my keys, and in doing that I called back

2148
01:53:25.159 --> 01:53:28.960
<v Speaker 21>and he said he would look and then Thursday, so Thursday,

2149
01:53:29.000 --> 01:53:35.680
<v Speaker 21>the night I won't say Brian Eric is his name anyway,

2150
01:53:36.319 --> 01:53:39.039
<v Speaker 21>he called me and he said, we didn't find your

2151
01:53:39.039 --> 01:53:43.439
<v Speaker 21>air tag, but the all wheel drive system needs to

2152
01:53:43.479 --> 01:53:46.279
<v Speaker 21>be serviced on your cars and it's not covered by

2153
01:53:46.319 --> 01:53:49.479
<v Speaker 21>Ford warranty. And I said, well, I don't have a

2154
01:53:49.560 --> 01:53:53.359
<v Speaker 21>Ford Will warranty, and I have an aftermarket service warranty

2155
01:53:54.279 --> 01:53:57.720
<v Speaker 21>and I have I don't have an all will drive car.

2156
01:53:59.079 --> 01:54:03.000
<v Speaker 21>And he was used, and he said, well, it doesn't matter.

2157
01:54:03.840 --> 01:54:06.439
<v Speaker 21>Before I said I don't have all over another drive card.

2158
01:54:06.479 --> 01:54:09.760
<v Speaker 21>He said, it doesn't matter, it's not covered under Ford warranty. Anyway,

2159
01:54:09.800 --> 01:54:12.319
<v Speaker 21>I said, but I don't have an all wheel direct car.

2160
01:54:13.520 --> 01:54:15.720
<v Speaker 21>And so then he was confused. So I must have

2161
01:54:15.800 --> 01:54:18.079
<v Speaker 21>you mixed up with someone else. I'm like, okay, so

2162
01:54:19.279 --> 01:54:21.680
<v Speaker 21>you're going to let me know when I hear about

2163
01:54:21.880 --> 01:54:23.680
<v Speaker 21>you know, when you know what's going on. So I

2164
01:54:23.760 --> 01:54:25.479
<v Speaker 21>started calling for a Thursday.

2165
01:54:26.199 --> 01:54:28.760
<v Speaker 3>What kind of a car do you have? What kind

2166
01:54:28.760 --> 01:54:29.640
<v Speaker 3>of a car do you have?

2167
01:54:30.119 --> 01:54:32.720
<v Speaker 21>Twenty eighteen board escape?

2168
01:54:34.159 --> 01:54:36.960
<v Speaker 3>Okay, got it? Keep going, yeah, okay, sure.

2169
01:54:37.279 --> 01:54:40.319
<v Speaker 21>And so on a Thursday call to just check in,

2170
01:54:41.039 --> 01:54:43.319
<v Speaker 21>and then I got a text message that said this

2171
01:54:43.439 --> 01:54:47.159
<v Speaker 21>is how we prefer you deal with us. So I responded,

2172
01:54:47.439 --> 01:54:49.119
<v Speaker 21>I did call in, but then I got a text

2173
01:54:49.119 --> 01:54:52.199
<v Speaker 21>message and said that this is the preferred method of contact.

2174
01:54:52.720 --> 01:54:55.960
<v Speaker 21>So Monday, no, we don't have anything.

2175
01:54:56.119 --> 01:54:59.079
<v Speaker 4>Tuesday we have a right listen wait wait, wait, wait wait,

2176
01:54:59.119 --> 01:55:00.520
<v Speaker 4>I don't want to go through every day.

2177
01:55:00.560 --> 01:55:02.279
<v Speaker 3>Can you just bring us up today today?

2178
01:55:03.000 --> 01:55:03.399
<v Speaker 13>Okay?

2179
01:55:03.520 --> 01:55:05.800
<v Speaker 21>So today is the first day I've done anything. So

2180
01:55:05.800 --> 01:55:08.399
<v Speaker 21>it's a ninth day. They've had the car for three

2181
01:55:08.479 --> 01:55:11.079
<v Speaker 21>or five days, is what I was told. Ninth day,

2182
01:55:11.439 --> 01:55:11.800
<v Speaker 21>got it?

2183
01:55:13.039 --> 01:55:13.439
<v Speaker 13>Okay?

2184
01:55:13.840 --> 01:55:18.319
<v Speaker 21>I follow their link and it tells me thirteen items

2185
01:55:18.520 --> 01:55:19.079
<v Speaker 21>our problem.

2186
01:55:19.279 --> 01:55:19.720
<v Speaker 20>Okay.

2187
01:55:20.119 --> 01:55:24.039
<v Speaker 21>So then I say okay, and I'm looking at this link,

2188
01:55:24.600 --> 01:55:28.399
<v Speaker 21>and then he calls while I'm reviewing this document that

2189
01:55:28.600 --> 01:55:31.439
<v Speaker 21>they had sent me by a text, and then they

2190
01:55:31.520 --> 01:55:34.800
<v Speaker 21>followed up by sending the exact same document via email.

2191
01:55:35.560 --> 01:55:38.399
<v Speaker 21>And I said, okay, so let's get down the list

2192
01:55:38.439 --> 01:55:40.680
<v Speaker 21>in order. And he said, well, that's not the order

2193
01:55:40.720 --> 01:55:42.840
<v Speaker 21>I have. I said, well, this is a documentary. Your

2194
01:55:42.880 --> 01:55:43.800
<v Speaker 21>a fen with me.

2195
01:55:44.079 --> 01:55:44.640
<v Speaker 11>I mean, it's.

2196
01:55:44.520 --> 01:55:46.840
<v Speaker 3>Okay, where does it stand right now?

2197
01:55:50.479 --> 01:56:00.159
<v Speaker 21>Fifty seventy dollars and and yeah, it was the the

2198
01:56:00.239 --> 01:56:00.960
<v Speaker 21>check engine Life.

2199
01:56:01.000 --> 01:56:04.000
<v Speaker 3>Now did they already do the work? Did they already

2200
01:56:04.000 --> 01:56:04.560
<v Speaker 3>do the work?

2201
01:56:05.720 --> 01:56:06.520
<v Speaker 18>No?

2202
01:56:06.520 --> 01:56:07.079
<v Speaker 3>No, they did not.

2203
01:56:07.600 --> 01:56:12.159
<v Speaker 4>And they're recommending hold on, hold on, They're recommending eight

2204
01:56:12.199 --> 01:56:13.359
<v Speaker 4>thousand dollars in work.

2205
01:56:14.960 --> 01:56:18.199
<v Speaker 21>Yes, they have thirteen items that they say need to

2206
01:56:18.239 --> 01:56:21.399
<v Speaker 21>be worked on, none of which that I can tell

2207
01:56:21.479 --> 01:56:24.399
<v Speaker 21>are the check engine life. Because they said the Bread

2208
01:56:24.479 --> 01:56:25.960
<v Speaker 21>and Check Engine Life came on.

2209
01:56:26.000 --> 01:56:26.960
<v Speaker 20>It is because they're.

2210
01:56:26.960 --> 01:56:36.560
<v Speaker 3>Okay, rodent, how many items does eight grand represent thirteen items? Thirteen? Okay?

2211
01:56:37.319 --> 01:56:39.720
<v Speaker 3>Now what are those items right.

2212
01:56:42.039 --> 01:56:42.359
<v Speaker 21>Front?

2213
01:56:42.359 --> 01:56:42.640
<v Speaker 13>Break?

2214
01:56:43.680 --> 01:56:48.439
<v Speaker 21>Breake flush. I don't have it in front of me.

2215
01:56:48.479 --> 01:56:49.880
<v Speaker 21>I'm trying to give it in front of me so

2216
01:56:49.920 --> 01:56:50.920
<v Speaker 21>I can read it to you.

2217
01:56:51.479 --> 01:56:53.199
<v Speaker 15>I can you get.

2218
01:56:53.000 --> 01:56:53.600
<v Speaker 3>It in front of you.

2219
01:56:53.640 --> 01:56:55.800
<v Speaker 4>I'll come right back to you. It's important. Get it

2220
01:56:55.840 --> 01:56:58.079
<v Speaker 4>in front of you. Three h three seven one three

2221
01:56:58.119 --> 01:57:00.479
<v Speaker 4>talks seven one three eight two five five. Let's get

2222
01:57:00.560 --> 01:57:02.960
<v Speaker 4>Kevin Caulkin on if we can for this three oh

2223
01:57:03.000 --> 01:57:05.399
<v Speaker 4>three seven to one three A two five five. As

2224
01:57:05.439 --> 01:57:07.439
<v Speaker 4>I said, we have more coming up on the Troubleshooter Show.

2225
01:57:07.479 --> 01:57:10.279
<v Speaker 4>Dan McKenzie can help you with a will within a state,

2226
01:57:10.560 --> 01:57:12.920
<v Speaker 4>with a state planning, or anything in between.

2227
01:57:13.239 --> 01:57:14.840
<v Speaker 3>He's creative, he's.

2228
01:57:14.800 --> 01:57:18.000
<v Speaker 4>Very very hands on, and he's very very local and

2229
01:57:18.319 --> 01:57:22.279
<v Speaker 4>personal and has a small firm to really super serve

2230
01:57:22.359 --> 01:57:27.399
<v Speaker 4>his clients. McKenzie Law. That's Dan McKenzie. Just a great guy.

2231
01:57:27.640 --> 01:57:30.000
<v Speaker 4>If you're looking for an estate plan, give him a call.

2232
01:57:30.399 --> 01:57:37.680
<v Speaker 4>Eight three three co plans eight three three co plans

2233
01:57:41.199 --> 01:57:44.439
<v Speaker 4>Go with a sure thing. Denver's best roofer excel Roofing

2234
01:57:44.560 --> 01:57:47.199
<v Speaker 4>dot com. You don't pay a cent until you're content.

2235
01:57:50.560 --> 01:57:53.760
<v Speaker 4>Time for an insurance check up free, no obligation. In comparison,

2236
01:57:53.880 --> 01:57:57.399
<v Speaker 4>call Compass Insurance paying too much your coverage at dozens

2237
01:57:57.439 --> 01:58:00.239
<v Speaker 4>of insurance companies find out Now three oh three seven

2238
01:58:00.319 --> 01:58:03.119
<v Speaker 4>seven to one help. You'll think you're his only customer

2239
01:58:03.119 --> 01:58:05.399
<v Speaker 4>when you choose Frank durand the real estate Man dot

2240
01:58:05.399 --> 01:58:08.760
<v Speaker 4>com to list your home with Remax Alliance three oh

2241
01:58:08.760 --> 01:58:16.960
<v Speaker 4>three nine two zero sixteen twenty two. Hi Tom Martine,

2242
01:58:17.279 --> 01:58:21.680
<v Speaker 4>you're a troubleshooter. Okay, so Lourie Kevin Calkins with us

2243
01:58:21.680 --> 01:58:25.520
<v Speaker 4>our expert shared in autotech dot com. Laurie took her

2244
01:58:27.439 --> 01:58:32.840
<v Speaker 4>Ford escape to groove and they came up. Her engine

2245
01:58:32.880 --> 01:58:34.800
<v Speaker 4>light was on. They came up with eight grand worth

2246
01:58:34.800 --> 01:58:38.399
<v Speaker 4>of suggestions for thirteen items, and I said, could you

2247
01:58:38.439 --> 01:58:41.039
<v Speaker 4>tell us what those items were? And I want I

2248
01:58:41.119 --> 01:58:42.279
<v Speaker 4>want Kevin to listen.

2249
01:58:43.039 --> 01:58:44.439
<v Speaker 3>So they came up.

2250
01:58:44.479 --> 01:58:50.119
<v Speaker 21>They've had it nineties, yeah, ninetays and I today is

2251
01:58:50.119 --> 01:58:50.560
<v Speaker 21>the first day.

2252
01:58:50.880 --> 01:58:55.000
<v Speaker 4>Tell us, tell us very slowly, tell us the thirteen items.

2253
01:58:56.359 --> 01:59:02.760
<v Speaker 21>Okay, they have break job replace jobs, wrong rotors installed

2254
01:59:02.760 --> 01:59:07.279
<v Speaker 21>on vehicles, too small, and pads overlap rotors nine hundred

2255
01:59:07.359 --> 01:59:13.479
<v Speaker 21>twenty five dollars in eighty one cents, keep going, break

2256
01:59:13.640 --> 01:59:17.960
<v Speaker 21>flush okay, okay, break flush one.

2257
01:59:17.960 --> 01:59:20.239
<v Speaker 3>Motor okay, go past the brakes.

2258
01:59:20.279 --> 01:59:23.960
<v Speaker 4>Now, let's just suffice it to say breaks keep going.

2259
01:59:25.920 --> 01:59:30.960
<v Speaker 21>Oh okay, okay, motor mount front wrong mounts warm leaking.

2260
01:59:31.399 --> 01:59:35.439
<v Speaker 21>Four h five seventy seven battery replacement.

2261
01:59:34.920 --> 01:59:36.239
<v Speaker 3>Okay, keep going one.

2262
01:59:36.119 --> 01:59:41.199
<v Speaker 21>Sixty battery sixty six oil press it sending unit replacements

2263
01:59:41.279 --> 01:59:44.119
<v Speaker 21>seven ninety five EF.

2264
01:59:43.880 --> 01:59:48.479
<v Speaker 3>Five Wait wait, wait, what is that oil sender? Oil pressure?

2265
01:59:48.520 --> 01:59:49.279
<v Speaker 3>Got it? Okay?

2266
01:59:49.960 --> 01:59:57.319
<v Speaker 21>Sending unit replacement? If I cleaned five spark plug replacement?

2267
01:59:57.319 --> 01:59:59.239
<v Speaker 21>If they don't tell me how many spark plugs they

2268
01:59:59.319 --> 02:00:04.279
<v Speaker 21>just said that three seventy eight seventy one kept going

2269
02:00:07.279 --> 02:00:07.960
<v Speaker 21>service stuck?

2270
02:00:08.079 --> 02:00:10.920
<v Speaker 3>How How how many miles on this car?

2271
02:00:13.319 --> 02:00:16.079
<v Speaker 21>Ninety six thousand miles? And it's been certain.

2272
02:00:16.119 --> 02:00:18.279
<v Speaker 3>And if you had regular maintenance done to it?

2273
02:00:19.680 --> 02:00:23.359
<v Speaker 21>Yes, that's correct, And I have all the maintenance records.

2274
02:00:23.840 --> 02:00:28.159
<v Speaker 3>You've had regular maintenance? I grew four done.

2275
02:00:28.640 --> 02:00:34.079
<v Speaker 21>No no, no, no, it was done through a different efforts,

2276
02:00:34.159 --> 02:00:37.119
<v Speaker 21>through different different entities.

2277
02:00:37.159 --> 02:00:40.399
<v Speaker 4>How how often do you go in for service? How

2278
02:00:40.399 --> 02:00:42.279
<v Speaker 4>often do you go in for service.

2279
02:00:44.039 --> 02:00:47.920
<v Speaker 21>Before the the number or the date, by the time

2280
02:00:47.960 --> 02:00:50.439
<v Speaker 21>of the number, or the date, number of miles driven,

2281
02:00:50.640 --> 02:00:53.479
<v Speaker 21>or the date to have the next oil.

2282
02:00:53.359 --> 02:00:56.800
<v Speaker 3>Change, or no, I got it, I got it. No,

2283
02:00:56.920 --> 02:00:57.840
<v Speaker 3>I get it, I get it.

2284
02:00:57.840 --> 02:01:01.680
<v Speaker 4>Okay, So okay, because all of this, you know, I

2285
02:01:01.680 --> 02:01:03.800
<v Speaker 4>don't even know what they mean, wrong breaks, but it

2286
02:01:03.840 --> 02:01:04.199
<v Speaker 4>could be.

2287
02:01:04.600 --> 02:01:09.119
<v Speaker 3>And then they said, yeah, wrong breaks. I have no

2288
02:01:09.159 --> 02:01:13.720
<v Speaker 3>idea what that is, and huh, yeah I know. And

2289
02:01:13.720 --> 02:01:14.640
<v Speaker 3>then they said.

2290
02:01:16.479 --> 02:01:20.119
<v Speaker 4>Breaks motor mount, battery, oil pressure center. By the way,

2291
02:01:20.279 --> 02:01:23.000
<v Speaker 4>I believe you want to know what caused the engine light?

2292
02:01:23.239 --> 02:01:23.720
<v Speaker 3>Keep going?

2293
02:01:23.760 --> 02:01:28.119
<v Speaker 4>So what I'm hearing now is breaks breaks, motormount battery,

2294
02:01:28.199 --> 02:01:31.439
<v Speaker 4>oil pressure center, spark plugs, transmission flush, what else?

2295
02:01:33.079 --> 02:01:33.399
<v Speaker 8>They're not?

2296
02:01:33.560 --> 02:01:38.880
<v Speaker 21>Housing replacements, possible coolant link. And then there's a It

2297
02:01:38.880 --> 02:01:41.119
<v Speaker 21>doesn't say what it is. It just has the part number.

2298
02:01:41.239 --> 02:01:49.199
<v Speaker 21>It says lower shield damage that's thirty two. Then they

2299
02:01:49.279 --> 02:01:50.960
<v Speaker 21>also have what was that?

2300
02:01:51.359 --> 02:01:52.159
<v Speaker 3>What was that for?

2301
02:01:52.279 --> 02:01:52.319
<v Speaker 2>That?

2302
02:01:54.079 --> 02:01:56.279
<v Speaker 3>A lower lower shield.

2303
02:01:56.199 --> 02:01:58.720
<v Speaker 21>Lower damp the shield damage, But it just has a

2304
02:01:58.760 --> 02:02:00.840
<v Speaker 21>part number. It doesn't say what what?

2305
02:02:01.199 --> 02:02:03.520
<v Speaker 3>Yeah, okay, what else? Keep going? Keep going?

2306
02:02:03.640 --> 02:02:06.680
<v Speaker 21>Thermost housing replacement possible?

2307
02:02:06.840 --> 02:02:10.960
<v Speaker 3>Yeah I got that six Yeah, got it?

2308
02:02:11.039 --> 02:02:11.279
<v Speaker 13>Cool?

2309
02:02:12.159 --> 02:02:17.880
<v Speaker 21>Okay? The check engine light default they think it's the auxilary.

2310
02:02:18.119 --> 02:02:20.960
<v Speaker 21>This is what the bulb of the light is. Auxilary

2311
02:02:21.159 --> 02:02:25.359
<v Speaker 21>coolant pump intermittent sticking. Four hundred and eighty nine dollars

2312
02:02:25.359 --> 02:02:29.520
<v Speaker 21>and ninety sets. They say that is part of the

2313
02:02:29.640 --> 02:02:36.600
<v Speaker 21>light coming on and all ambient air temperature, air charge

2314
02:02:36.680 --> 02:02:41.319
<v Speaker 21>tool or sensor wiring has roady damage.

2315
02:02:42.000 --> 02:02:42.039
<v Speaker 16>That.

2316
02:02:42.279 --> 02:02:43.520
<v Speaker 21>Okay, well sixty.

2317
02:02:44.560 --> 02:02:46.760
<v Speaker 4>Now here's what I want you to do, is your car?

2318
02:02:47.399 --> 02:02:48.720
<v Speaker 4>Is your car drivable?

2319
02:02:49.840 --> 02:02:50.439
<v Speaker 11>Absolutely?

2320
02:02:52.399 --> 02:02:52.840
<v Speaker 3>Okay?

2321
02:02:53.199 --> 02:02:55.560
<v Speaker 4>Now are they going to charge you if you want

2322
02:02:55.600 --> 02:02:57.319
<v Speaker 4>to just pick it up and say I don't want any.

2323
02:02:57.199 --> 02:02:57.640
<v Speaker 3>Of it done?

2324
02:02:57.760 --> 02:03:00.640
<v Speaker 21>Yes, they want to charge me. Again, what are they

2325
02:03:00.640 --> 02:03:01.960
<v Speaker 21>going to charge?

2326
02:03:02.119 --> 02:03:04.479
<v Speaker 3>What are they going to charge? What are they going

2327
02:03:04.520 --> 02:03:05.039
<v Speaker 3>to charge?

2328
02:03:06.479 --> 02:03:09.279
<v Speaker 21>Twenty ninety five just to get my key in my car?

2329
02:03:09.479 --> 02:03:10.760
<v Speaker 21>Also put a mechanic's plain.

2330
02:03:13.119 --> 02:03:15.319
<v Speaker 4>Wait a minute, So they want to charge you two

2331
02:03:15.439 --> 02:03:18.159
<v Speaker 4>hundred and twenty Please let me ask the question.

2332
02:03:18.279 --> 02:03:19.319
<v Speaker 3>I got to get this out.

2333
02:03:19.720 --> 02:03:25.159
<v Speaker 4>How much if you want to pick it up today?

2334
02:03:25.279 --> 02:03:29.920
<v Speaker 21>Yes, two hundred and twenty nine dollars and ninety five cents.

2335
02:03:30.840 --> 02:03:34.840
<v Speaker 21>And the cost of that they're putting for a diagnostic,

2336
02:03:35.640 --> 02:03:39.600
<v Speaker 21>primary diagnostic, which I've been asking ever since the beginning.

2337
02:03:39.840 --> 02:03:43.840
<v Speaker 4>Okay, that Okay, hold on, that's not unreasonable. Listen, I

2338
02:03:43.920 --> 02:03:46.039
<v Speaker 4>want you to take if you pay for that, I

2339
02:03:46.079 --> 02:03:48.239
<v Speaker 4>want you to pay for it, and I want you

2340
02:03:48.279 --> 02:03:50.119
<v Speaker 4>to get the list, and I want you to go

2341
02:03:50.119 --> 02:03:50.880
<v Speaker 4>to Shardan Auto.

2342
02:03:51.640 --> 02:03:53.479
<v Speaker 3>I want you to go to Shardan Auto Tech.

2343
02:03:55.199 --> 02:03:59.880
<v Speaker 4>Okay, I'm telling you I would not get it done there.

2344
02:04:00.079 --> 02:04:01.000
<v Speaker 3>I would absolutely.

2345
02:04:01.079 --> 02:04:03.600
<v Speaker 4>I'm not telling I'm not telling you you don't need it,

2346
02:04:05.640 --> 02:04:07.840
<v Speaker 4>but you need to get You need to get these

2347
02:04:07.880 --> 02:04:11.560
<v Speaker 4>items looked at because if in fact there, you know,

2348
02:04:11.640 --> 02:04:14.039
<v Speaker 4>I want him to verify what you really need and

2349
02:04:14.079 --> 02:04:16.760
<v Speaker 4>what you don't need, and then and then you decide

2350
02:04:16.760 --> 02:04:17.239
<v Speaker 4>what to do.

2351
02:04:18.359 --> 02:04:23.359
<v Speaker 3>Sure, we won't for that, and he won't even charge

2352
02:04:23.359 --> 02:04:28.239
<v Speaker 3>you for that. But Lorie, yeah, where are you located?

2353
02:04:28.560 --> 02:04:32.760
<v Speaker 21>Generally that's the wrong, but I will come.

2354
02:04:33.560 --> 02:04:37.079
<v Speaker 4>Okay, okay, it's it's it's but you still need to

2355
02:04:37.119 --> 02:04:40.279
<v Speaker 4>go there no matter what, because look, you just need

2356
02:04:40.319 --> 02:04:40.960
<v Speaker 4>to go there.

2357
02:04:40.920 --> 02:04:43.239
<v Speaker 3>And this is honest and good assessment.

2358
02:04:43.319 --> 02:04:47.000
<v Speaker 4>And then we'll report. And it's it's on on Wadsworth.

2359
02:04:47.640 --> 02:04:50.359
<v Speaker 4>It's on Collfax, west of Wadsworth. You can get the

2360
02:04:50.439 --> 02:04:53.000
<v Speaker 4>exact address when you call them. Three oh three four

2361
02:04:53.159 --> 02:05:06.239
<v Speaker 4>five five seventy two forty two three o three four

2362
02:05:06.920 --> 02:05:09.600
<v Speaker 4>seventy forty two. Kachina, make sure she gets that off

2363
02:05:09.600 --> 02:05:12.039
<v Speaker 4>the air. Kevin, thank you very much, appreciate that.

2364
02:05:12.600 --> 02:05:14.319
<v Speaker 3>We we we really.

2365
02:05:14.199 --> 02:05:17.520
<v Speaker 4>We really need to do that, okay, So Kevin, I

2366
02:05:17.560 --> 02:05:22.199
<v Speaker 4>appreciate us. Kevin Calkin three oh three. And remember they're good,

2367
02:05:22.199 --> 02:05:24.359
<v Speaker 4>honest people. They can even handle the road and damage

2368
02:05:24.399 --> 02:05:27.760
<v Speaker 4>the electrical damage three oh three, four five five seventy

2369
02:05:27.840 --> 02:05:36.800
<v Speaker 4>two forty two. Go with a sure thing Denver's best

2370
02:05:36.880 --> 02:05:39.720
<v Speaker 4>roofer Excel Roofing dot com. You don't pay a cent

2371
02:05:39.960 --> 02:05:46.000
<v Speaker 4>until you're content. Time for an insurance check up free,

2372
02:05:46.079 --> 02:05:49.800
<v Speaker 4>no obligation. In comparison, call Compass Insurance paying too much

2373
02:05:49.920 --> 02:05:52.880
<v Speaker 4>your coverage at dozens of insurance companies find out now

2374
02:05:52.960 --> 02:05:55.239
<v Speaker 4>three oh three, seven to seven to one help. You'll

2375
02:05:55.239 --> 02:05:58.000
<v Speaker 4>think you're his only customer when you choose Frank durand

2376
02:05:58.000 --> 02:06:00.479
<v Speaker 4>the real estate Man dot com to list your home

2377
02:06:00.680 --> 02:06:03.840
<v Speaker 4>with Remax Alliance three oh three nine two zero sixteen

2378
02:06:03.880 --> 02:06:11.479
<v Speaker 4>twenty two. I'm Tom Martino. You're a troubleshooter, Ernie. What's

2379
02:06:11.520 --> 02:06:12.159
<v Speaker 4>going on with you?

2380
02:06:12.319 --> 02:06:13.199
<v Speaker 3>Ernie? What can we do?

2381
02:06:15.600 --> 02:06:19.479
<v Speaker 8>Tom? You remember you called me? You're on your way,

2382
02:06:20.199 --> 02:06:23.119
<v Speaker 8>you say you don't call it a dude. What's your name?

2383
02:06:23.840 --> 02:06:24.039
<v Speaker 20>Rock?

2384
02:06:25.640 --> 02:06:28.199
<v Speaker 3>Yes, American Restoration.

2385
02:06:28.319 --> 02:06:30.960
<v Speaker 4>I talked to him at detail and I thought Mark

2386
02:06:31.000 --> 02:06:33.800
<v Speaker 4>could handled this with you guys. Let me explain this

2387
02:06:33.840 --> 02:06:36.279
<v Speaker 4>in a nutshell. Let me just explain it real quick.

2388
02:06:37.319 --> 02:06:39.680
<v Speaker 4>You had a water loss at your home.

2389
02:06:39.760 --> 02:06:41.239
<v Speaker 3>Is that right?

2390
02:06:42.399 --> 02:06:47.439
<v Speaker 8>Yes, he said I have. He went in and he'd taken.

2391
02:06:48.119 --> 02:06:48.520
<v Speaker 7>All the.

2392
02:06:50.920 --> 02:06:54.199
<v Speaker 3>Ernie, you had a water loss at your home. What happened?

2393
02:06:56.880 --> 02:06:59.439
<v Speaker 8>Well, what happened? Is he done a demolation and it's

2394
02:06:59.439 --> 02:06:59.880
<v Speaker 8>still there?

2395
02:07:00.680 --> 02:07:03.920
<v Speaker 3>I know, Ernie, I'm asking what happened? What? Okay?

2396
02:07:04.039 --> 02:07:08.000
<v Speaker 4>Ernie, Please, this is very complicated and we did look

2397
02:07:08.079 --> 02:07:08.560
<v Speaker 4>into it.

2398
02:07:09.000 --> 02:07:11.359
<v Speaker 3>Okay, you had a water loss.

2399
02:07:11.479 --> 02:07:15.600
<v Speaker 4>Is that what first caused you to call American Restoration?

2400
02:07:17.680 --> 02:07:19.720
<v Speaker 8>Well, I had some damage to my roof. I don't

2401
02:07:19.720 --> 02:07:20.800
<v Speaker 8>know if water is.

2402
02:07:24.600 --> 02:07:25.000
<v Speaker 3>Okay?

2403
02:07:25.640 --> 02:07:27.880
<v Speaker 4>You got paid from insurance for a certain amount of

2404
02:07:27.960 --> 02:07:28.560
<v Speaker 4>water loss.

2405
02:07:28.600 --> 02:07:29.079
<v Speaker 3>Is that right?

2406
02:07:31.239 --> 02:07:33.279
<v Speaker 8>Oh that's what the complication is.

2407
02:07:34.159 --> 02:07:36.479
<v Speaker 3>Oh yes, and they did.

2408
02:07:36.560 --> 02:07:40.119
<v Speaker 4>Wait a minute, they did absolutely everything you asked them

2409
02:07:40.159 --> 02:07:43.560
<v Speaker 4>to do, but they did not finish the job because

2410
02:07:43.600 --> 02:07:45.279
<v Speaker 4>you ran out of insurance money.

2411
02:07:45.479 --> 02:07:46.720
<v Speaker 3>Mark, can you continue this?

2412
02:07:47.239 --> 02:07:49.800
<v Speaker 10>Well, I'm pretty sure that's where it's at. But Ernie,

2413
02:07:49.920 --> 02:07:52.279
<v Speaker 10>I haven't really talked to you about it. I talked

2414
02:07:52.279 --> 02:07:55.119
<v Speaker 10>to Rock about it. I mean, honestly, if you had

2415
02:07:55.119 --> 02:07:57.720
<v Speaker 10>to sum it up in a sentence, what's going on?

2416
02:07:59.560 --> 02:07:59.760
<v Speaker 13>Well?

2417
02:08:00.119 --> 02:08:00.399
<v Speaker 3>Going on?

2418
02:08:00.560 --> 02:08:04.199
<v Speaker 8>He came in and he uh, he looked at the

2419
02:08:04.279 --> 02:08:07.119
<v Speaker 8>damage and he said it was a call about water

2420
02:08:07.319 --> 02:08:11.159
<v Speaker 8>and mold and he's tear down all.

2421
02:08:11.039 --> 02:08:15.359
<v Speaker 3>The Did he get in touch with your insurance.

2422
02:08:16.279 --> 02:08:16.479
<v Speaker 8>Right?

2423
02:08:17.279 --> 02:08:19.279
<v Speaker 3>And then did he do the work? Did he clean

2424
02:08:19.359 --> 02:08:20.000
<v Speaker 3>everything up?

2425
02:08:21.760 --> 02:08:21.960
<v Speaker 8>No?

2426
02:08:22.920 --> 02:08:23.960
<v Speaker 3>So what didn't he do?

2427
02:08:26.800 --> 02:08:35.319
<v Speaker 8>Well? He got all the of the God man, I'm

2428
02:08:35.319 --> 02:08:40.560
<v Speaker 8>so sorry, Mark, I'm so excited, and this thing is

2429
02:08:40.600 --> 02:08:41.039
<v Speaker 8>going on.

2430
02:08:41.720 --> 02:08:44.439
<v Speaker 10>But Ernie, Ernie, here, here's my understanding of it. Let

2431
02:08:44.520 --> 02:08:46.439
<v Speaker 10>me just put this out there. Then maybe this will

2432
02:08:46.479 --> 02:08:50.039
<v Speaker 10>be a good starting point for you. My understanding is,

2433
02:08:50.520 --> 02:08:52.960
<v Speaker 10>and I don't know the numbers, but let's pretend your

2434
02:08:53.000 --> 02:08:57.159
<v Speaker 10>insurance claim was ten thousand dollars, a total made up number.

2435
02:08:57.800 --> 02:08:59.199
<v Speaker 3>Rock came in and.

2436
02:08:59.199 --> 02:09:02.720
<v Speaker 10>Did work up to the point of what he was

2437
02:09:02.760 --> 02:09:05.479
<v Speaker 10>going to get paid for at ten thousand dollars, some

2438
02:09:05.520 --> 02:09:09.600
<v Speaker 10>of the work that was included in that amount. Instead

2439
02:09:09.600 --> 02:09:12.840
<v Speaker 10>of doing that work, he did other work for you

2440
02:09:12.960 --> 02:09:16.279
<v Speaker 10>that at the insurance company was not going to pay for.

2441
02:09:16.720 --> 02:09:19.960
<v Speaker 10>Is that correct or incorrect.

2442
02:09:20.520 --> 02:09:21.319
<v Speaker 8>I think correct.

2443
02:09:21.720 --> 02:09:23.920
<v Speaker 10>Okay, here's what I tom. This is going to be

2444
02:09:24.119 --> 02:09:26.119
<v Speaker 10>just too hard to do on the air. What I

2445
02:09:26.119 --> 02:09:29.720
<v Speaker 10>would really like to do is have like Dmitri or

2446
02:09:29.800 --> 02:09:34.600
<v Speaker 10>Deputy Bou or deputy Doc to call up and it's

2447
02:09:34.640 --> 02:09:37.720
<v Speaker 10>going to take about an hour long conversation with him

2448
02:09:37.800 --> 02:09:38.479
<v Speaker 10>knowing you're out.

2449
02:09:38.680 --> 02:09:39.600
<v Speaker 3>I think Dmitri.

2450
02:09:39.960 --> 02:09:42.840
<v Speaker 4>I think Dmitri or actually Bo would be perfect for

2451
02:09:42.880 --> 02:09:44.640
<v Speaker 4>the Actually Bo, do you want to do it?

2452
02:09:45.800 --> 02:09:48.079
<v Speaker 18>Yes, I'm happy to give Ernie a call and get

2453
02:09:48.119 --> 02:09:50.079
<v Speaker 18>to the bottom of this and get it straightened out.

2454
02:09:50.199 --> 02:09:52.520
<v Speaker 4>Now here is let me explain what I think is

2455
02:09:52.560 --> 02:09:57.560
<v Speaker 4>going on. Ernie is basically saying that American Restoration got

2456
02:09:57.560 --> 02:10:00.920
<v Speaker 4>paid in full and did not complete the If I

2457
02:10:00.960 --> 02:10:03.920
<v Speaker 4>had to summarize it is that it Ernie, they got

2458
02:10:03.960 --> 02:10:07.119
<v Speaker 4>paid in full and did not complete the job.

2459
02:10:07.199 --> 02:10:07.760
<v Speaker 3>Is that right?

2460
02:10:08.800 --> 02:10:09.880
<v Speaker 8>That's the way I look at it.

2461
02:10:10.000 --> 02:10:15.119
<v Speaker 10>Right, Well, well, hold on, no, there's a big important

2462
02:10:15.199 --> 02:10:17.439
<v Speaker 10>part there though. I want to understand, since we're on

2463
02:10:17.479 --> 02:10:20.279
<v Speaker 10>the air right now, did they literally get paid in

2464
02:10:20.359 --> 02:10:23.880
<v Speaker 10>full or are you guys withholding some payment.

2465
02:10:25.560 --> 02:10:30.399
<v Speaker 8>We are holding the check on it.

2466
02:10:30.640 --> 02:10:33.199
<v Speaker 3>That's what I'm saying. This seems so convoluted.

2467
02:10:33.239 --> 02:10:36.680
<v Speaker 4>Okay, I get it, Mark, Mark, let me handle right

2468
02:10:36.760 --> 02:10:38.439
<v Speaker 4>this real quick, Ernie.

2469
02:10:39.640 --> 02:10:41.239
<v Speaker 3>How much money are you withholding?

2470
02:10:42.960 --> 02:10:45.399
<v Speaker 8>The check is for seventeen thousand dollars?

2471
02:10:46.199 --> 02:10:50.399
<v Speaker 4>Okay, you're withholding seventeen Okay, hold on, here's what I

2472
02:10:50.479 --> 02:10:50.920
<v Speaker 4>need to know.

2473
02:10:51.439 --> 02:10:53.399
<v Speaker 3>How much have they been paid so far?

2474
02:10:54.880 --> 02:10:55.159
<v Speaker 8>Nothing?

2475
02:10:57.720 --> 02:11:01.720
<v Speaker 4>So American Restoration has not been paid a dime.

2476
02:11:03.239 --> 02:11:04.159
<v Speaker 8>No, not by me.

2477
02:11:04.399 --> 02:11:09.119
<v Speaker 3>No, how about your insurance? Did your insurance pay them directly?

2478
02:11:10.359 --> 02:11:12.640
<v Speaker 8>No? They they sent a check. They have to be

2479
02:11:12.720 --> 02:11:13.880
<v Speaker 8>signed by.

2480
02:11:13.760 --> 02:11:15.640
<v Speaker 3>Me and the Okay, okay.

2481
02:11:15.680 --> 02:11:19.079
<v Speaker 4>Then my next question, why do you feel, Ernie? They

2482
02:11:19.119 --> 02:11:22.680
<v Speaker 4>don't they they haven't earned a dime. Why do you

2483
02:11:22.720 --> 02:11:23.079
<v Speaker 4>feel that.

2484
02:11:24.520 --> 02:11:27.239
<v Speaker 8>I don't feel that. I don't feel it.

2485
02:11:27.399 --> 02:11:29.880
<v Speaker 3>Then why haven't you paid? Why haven't they been?

2486
02:11:30.680 --> 02:11:30.960
<v Speaker 21>Ernie?

2487
02:11:31.399 --> 02:11:31.760
<v Speaker 3>Really?

2488
02:11:31.840 --> 02:11:35.239
<v Speaker 4>I need you to listen truly answer my question. Why

2489
02:11:35.239 --> 02:11:36.960
<v Speaker 4>haven't you paid them anything?

2490
02:11:39.399 --> 02:11:45.159
<v Speaker 8>Because there's no partial payment thing. I can do what

2491
02:11:45.199 --> 02:11:45.520
<v Speaker 8>they sent.

2492
02:11:46.000 --> 02:11:50.520
<v Speaker 4>Okay, So here's what I want to know, Ernie. Here, Ernie,

2493
02:11:50.840 --> 02:11:53.640
<v Speaker 4>you got paid seventeen thousand from your insurance?

2494
02:11:53.760 --> 02:11:54.479
<v Speaker 3>Is that correct?

2495
02:11:55.680 --> 02:11:56.920
<v Speaker 8>Yeah?

2496
02:11:57.600 --> 02:12:01.199
<v Speaker 3>And you're not okay, that's a yes or no. Yes.

2497
02:12:01.479 --> 02:12:08.359
<v Speaker 4>Now you're not paying American Restoration because you believe they

2498
02:12:08.479 --> 02:12:12.760
<v Speaker 4>did not do seventeen thousand dollars worth of work.

2499
02:12:13.319 --> 02:12:17.680
<v Speaker 8>Right, Tom, here's what you got to understand. I am

2500
02:12:17.920 --> 02:12:22.800
<v Speaker 8>legally blind. I can't see my daughter as she has

2501
02:12:22.800 --> 02:12:26.239
<v Speaker 8>to do sign my checks. You know, she a power attorney.

2502
02:12:26.560 --> 02:12:30.920
<v Speaker 4>Ernie Ernie, listen, I understand, sir. I love you, You've

2503
02:12:30.960 --> 02:12:33.119
<v Speaker 4>been listening to me for years. But I need to

2504
02:12:33.119 --> 02:12:38.520
<v Speaker 4>get this out. You have not paid them seventeen thousand

2505
02:12:39.119 --> 02:12:43.800
<v Speaker 4>because you believe they have not yet earned the entire

2506
02:12:44.319 --> 02:12:45.680
<v Speaker 4>seventeen thousand.

2507
02:12:45.920 --> 02:12:46.479
<v Speaker 3>Is that right?

2508
02:12:48.479 --> 02:12:49.000
<v Speaker 8>That's right?

2509
02:12:50.680 --> 02:12:51.159
<v Speaker 3>Okay.

2510
02:12:51.399 --> 02:12:55.239
<v Speaker 4>Now here's what I want to know, by your estimation,

2511
02:12:55.520 --> 02:13:01.520
<v Speaker 4>only your estimation, no nothing else but your opinion. How

2512
02:13:01.600 --> 02:13:03.279
<v Speaker 4>much have they earned so far?

2513
02:13:07.880 --> 02:13:10.239
<v Speaker 8>Probably a third of that?

2514
02:13:11.119 --> 02:13:13.720
<v Speaker 3>M hmm. What have they done so far?

2515
02:13:15.319 --> 02:13:22.399
<v Speaker 8>They came in and my basement has uh it's finished

2516
02:13:22.680 --> 02:13:26.520
<v Speaker 8>with partly finished it, it had it.

2517
02:13:27.279 --> 02:13:30.359
<v Speaker 4>I want to know what they did, Ernie, Ernie, Ernie.

2518
02:13:30.359 --> 02:13:32.279
<v Speaker 4>I'm going to keep you on track. I need to

2519
02:13:32.359 --> 02:13:37.399
<v Speaker 4>know what did they do so far?

2520
02:13:40.279 --> 02:13:43.680
<v Speaker 8>They they brought a crew in and they took out

2521
02:13:43.760 --> 02:13:50.119
<v Speaker 8>all the uh, they script the whole basement, most of

2522
02:13:50.159 --> 02:13:53.920
<v Speaker 8>it down and hauled out and they called it the

2523
02:13:54.000 --> 02:13:55.399
<v Speaker 8>demolition part.

2524
02:13:56.720 --> 02:13:59.920
<v Speaker 3>Okay, okay, then what then?

2525
02:14:00.079 --> 02:14:07.159
<v Speaker 8>What and then they, uh, they said they couldn't complete

2526
02:14:07.159 --> 02:14:11.279
<v Speaker 8>it because they needed to. I don't know if they

2527
02:14:11.800 --> 02:14:15.039
<v Speaker 8>were gonna ask the insurance for more money, but they

2528
02:14:15.359 --> 02:14:19.720
<v Speaker 8>had said the electrical part need to be done and

2529
02:14:19.760 --> 02:14:23.600
<v Speaker 8>they couldn't. Uh, they had to get What I understood

2530
02:14:23.720 --> 02:14:27.960
<v Speaker 8>was that they had to get, uh get permission from

2531
02:14:27.960 --> 02:14:32.239
<v Speaker 8>the insurance company to pay the additional The electrical company

2532
02:14:32.279 --> 02:14:37.199
<v Speaker 8>says that, okay, they needed they can't complete the job

2533
02:14:37.279 --> 02:14:41.039
<v Speaker 8>until the electrics electrician electricianal part is done.

2534
02:14:42.520 --> 02:14:44.960
<v Speaker 3>Okay, And what about that? Is that true?

2535
02:14:48.199 --> 02:14:51.000
<v Speaker 8>Right? I don't know. I don't know how. Like I said,

2536
02:14:51.000 --> 02:14:52.039
<v Speaker 8>I think we got.

2537
02:14:52.520 --> 02:14:55.199
<v Speaker 3>Tomorrow, Thomas, Now hold on, hold on.

2538
02:14:55.680 --> 02:14:58.680
<v Speaker 4>So they said they could not complete it because it

2539
02:14:58.800 --> 02:15:07.600
<v Speaker 4>needed additional electrical work and probably more money, right right, good, Okay,

2540
02:15:07.680 --> 02:15:08.079
<v Speaker 4>hold on.

2541
02:15:08.399 --> 02:15:09.560
<v Speaker 3>So now hold on.

2542
02:15:09.880 --> 02:15:13.760
<v Speaker 4>So you're withholding the seventeen thousand because you do not

2543
02:15:13.920 --> 02:15:18.560
<v Speaker 4>believe the you're withholding the seventeen thousand because you do

2544
02:15:18.640 --> 02:15:22.399
<v Speaker 4>not believe they've done seventeen thousand dollars worth of work.

2545
02:15:22.720 --> 02:15:26.640
<v Speaker 4>In your estimation, they've done about fifty five hundred dollars

2546
02:15:26.680 --> 02:15:27.119
<v Speaker 4>in work.

2547
02:15:30.199 --> 02:15:34.279
<v Speaker 8>That's just a conversational piece I liked. I don't know

2548
02:15:34.439 --> 02:15:34.920
<v Speaker 8>how much of it?

2549
02:15:35.119 --> 02:15:37.239
<v Speaker 3>Okay, good, We're going to have that conversation.

2550
02:15:37.600 --> 02:15:40.560
<v Speaker 4>You've told us a lot. I appreciated, Ernie. I understand

2551
02:15:40.560 --> 02:15:43.479
<v Speaker 4>your concern. Three oh three seven one three talks seven

2552
02:15:43.520 --> 02:15:46.159
<v Speaker 4>one three eight two five five bo. I want you

2553
02:15:46.239 --> 02:15:50.119
<v Speaker 4>to contact American Restoration. I know Rock was quite frustrated

2554
02:15:50.279 --> 02:15:52.319
<v Speaker 4>and he was trying to work with Mark. We need

2555
02:15:52.319 --> 02:15:54.920
<v Speaker 4>to get details, okay, and then we need to spell

2556
02:15:54.960 --> 02:15:58.039
<v Speaker 4>it out here. I don't think, I do not think

2557
02:15:58.279 --> 02:16:00.880
<v Speaker 4>that American Restoration will purpose cheat anyone.

2558
02:16:01.239 --> 02:16:03.359
<v Speaker 3>I don't know what's going on. I do know this.

2559
02:16:03.880 --> 02:16:06.960
<v Speaker 4>I do know that Ernie does not understand either, and

2560
02:16:07.039 --> 02:16:09.319
<v Speaker 4>I think we would love to talk to his daughter.

2561
02:16:09.720 --> 02:16:10.680
<v Speaker 3>That would be wonderful.

2562
02:16:11.279 --> 02:16:13.279
<v Speaker 18>I may even go out to the job and look

2563
02:16:13.319 --> 02:16:13.720
<v Speaker 18>at it.

2564
02:16:14.560 --> 02:16:16.279
<v Speaker 3>Yes, thank you so much.

2565
02:16:16.399 --> 02:16:17.079
<v Speaker 18>Thanking Ernie.

2566
02:16:17.279 --> 02:16:21.520
<v Speaker 4>Hang in there, hang in there and we'll talk about it.

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