Speaker 1: Yeah, rip dum news needs who you don't have?
Speaker 2: Come run into success as we can.
Speaker 1: Shooter's gonna help coming, man, This is.
Speaker 3: The Troubleshooter Show.
Speaker 4: No Tom Martino, Hi Tom Martino here, Welcome to the show.
Speaker 4: You know I often start the show by saying, the
Speaker 4: only show of us kind to anywhere in the universe,
Speaker 4: which is true. No one focuses on solving problems directly
Speaker 4: and giving advice and tips in everyday life, and not
Speaker 4: trying to change your politics or religion. Oh we talk
Speaker 4: about that stuff, and nothing to try to change you
Speaker 4: or to make you a to make you a zealot
Speaker 4: of one kind or another.
Speaker 3: We love doing what we do.
Speaker 4: But I gotta say something else, and what I thought
Speaker 4: about it. I think it's the only only show or
Speaker 4: the the I think we've given more help to to
Speaker 4: people than any other show or any other form of media.
Speaker 4: And that's why I love that saying we have media
Speaker 4: with a purpose. I've been adding up just a few
Speaker 4: of these casual cases that we've had just since the
Speaker 4: beginning of this year, and we're into the millions already,
Speaker 4: and cash, merchandise exchanges, refunds, and services.
Speaker 3: Now I'm going to take Joseph.
Speaker 4: He's a possible victim of a fraud of some kind.
Speaker 3: And that's right in line with what I want to
Speaker 3: talk about today.
Speaker 4: First, let's take a tally here like a teacher Shannon present, right, yeah,
Speaker 4: at Shina present.
Speaker 3: Here major mark major not not own.
Speaker 5: How the access is available today?
Speaker 4: Oh, come on, no, it's a thing we gotta we
Speaker 4: gotta do something about that.
Speaker 3: He can call in anyway. So Deputy Doc you in
Speaker 3: the studio.
Speaker 6: Probably I'm ready to go, okay.
Speaker 4: And then we have some deputies remote and other depths
Speaker 4: in parts unknown because it's a good vacation time. I
Speaker 4: want to remind everyone you can text me, and you
Speaker 4: can text me at my private Google number. And this
Speaker 4: is private twenty four to seven. It's my number, so
Speaker 4: it goes right to me seven four seven nine nine
Speaker 4: nine fifty two eighty. Okay, So you can call there
Speaker 4: and text there. If you call, you got to leave
Speaker 4: a message most of the time because I'm not going
Speaker 4: to pick up. But I use it mainly for texting,
Speaker 4: and no one's been abusing it. By the way, it's
Speaker 4: seven four seven nine nine nine fifty two eighty. You know,
Speaker 4: I out to see if three Zho three Martinos available
Speaker 4: for that text. I don't know anyway, I don't know
Speaker 4: how to do that. I actually I'm going to figure
Speaker 4: that out. So anyway, people welcome. Okay, Now, one thing
Speaker 4: I do want to talk about today is right in
Speaker 4: line with our first caller. First, let's take Joseph Joseph's
Speaker 4: call and see what it has to do with let
Speaker 4: me key in on it.
Speaker 3: Joseph, what's going on?
Speaker 2: Well?
Speaker 5: How you doing?
Speaker 3: Thank you doing good? Joseph? What's going on? Man?
Speaker 7: Well?
Speaker 5: I want to say first, I like your positive attitude
Speaker 5: because what I have for you is a very dark story.
Speaker 5: Oh man, I can't see it as dark because that'll
Speaker 5: get me down. Now tell me what's going on man,
Speaker 5: the humor and the absurdity in it.
Speaker 7: Yeah, I've been dealing with uh.
Speaker 5: With some individuals who have an unusual relationship with the
Speaker 5: Boulder County Sheriff's Office. I can't tell you how that
Speaker 5: came about. I don't know anything. When you say dealing accusations.
Speaker 4: When you say dealing, you got to fill in all
Speaker 4: the blanks. They'll talk what do you mean deal? Talking
Speaker 4: about it?
Speaker 5: Yeah, prompts me as I go make sure because I'm
Speaker 5: not good at this.
Speaker 4: So what are we talking about? A business deal? You
Speaker 4: are in a consumer deal? What?
Speaker 5: No, these were friends of mine for about fifteen years before.
Speaker 3: What about them?
Speaker 5: Well, I faced some difficult circumstances. I was very sick
Speaker 5: from when I was a little kid, and just in
Speaker 5: the past couple of years the illness was identified and
Speaker 5: effectively cured.
Speaker 3: What was it back then?
Speaker 5: It's it was a form of depression. Everybody thought it
Speaker 5: was an illness of the brain, but it turned out
Speaker 5: to be a hormonal problem. They just missed it.
Speaker 4: Yes, right, So listen, mental illness, depression, bipolarity, all of
Speaker 4: these things are tied to our bodies and our minds together,
Speaker 4: and they're all one you very much. So anyway, I
Speaker 4: don't know why people separate them. But anyway, Joseph, so
Speaker 4: you were dealing with friends. Keep your story going. Let's
Speaker 4: hear what you got to say.
Speaker 5: Go ahead, Well, I lost both parents within five years.
Speaker 3: Okay, and that's the depressed thing.
Speaker 7: Tough.
Speaker 3: Yeah, And with the and when was this? How long
Speaker 3: ago would you lose him? How long?
Speaker 5: I lost my mother in twenty thirteen and my father
Speaker 5: under horrible circumstances in twenty fifteen. He was told by
Speaker 5: his own surgeons because I'm failed to read a lab report.
Speaker 4: So you got a lot going on in your life.
Speaker 4: I hear it in your voice. I hear that you're
Speaker 4: still a little down. So what's going on? What can
Speaker 4: we do for you today?
Speaker 5: Well, why I need is a little direction because these
Speaker 5: friends I stayed with.
Speaker 3: Y Shannon got it.
Speaker 4: Listen, we got to wait for our delay here and
Speaker 4: we got to come back to him. Can somebody school
Speaker 4: and please, we got to be very careful. Can somebody
Speaker 4: tell him that, please look at I don't know where
Speaker 4: we're going with the story. I'll take the story. I'll
Speaker 4: talk about it, but I'm going to predict what this is.
Speaker 4: He's very depressed, he's very down. Life's dealtham and now
Speaker 4: he's collecting these injustices and trying to make a pattern
Speaker 4: or a theme. And if they connect together, it justifies
Speaker 4: his feelings. If they don't connect together, he thinks the
Speaker 4: universe is out to get him, and then that's what happens.
Speaker 4: I'm gonna let him tell his story. Maybe he's been
Speaker 4: ripped off. Maybe there's something we can do to help.
Speaker 4: But folks, here's what's wonderful. About knowing people. After forty
Speaker 4: five years of talking to people, I have found something unique,
Speaker 4: not unique, something enlightening that we're all exactly the same.
Speaker 4: I swear to God we all have or share the
Speaker 4: same feelings. Now some of us will embrace the certain
Speaker 4: parts of the If you look at the feelings as
Speaker 4: a giant corral, we all have all of the feelings,
Speaker 4: and I mean all of them.
Speaker 3: I mean extreme love, extreme hate.
Speaker 4: We have depression, we have joy, we have hypochondriac, we
Speaker 4: have I'm healthy. We have every feeling of every emotion
Speaker 4: is in that corral, and we're all people, so we're
Speaker 4: all capable of experiencing them. We all have fleeting thoughts,
Speaker 4: even of homicide. I'm not saying we plot a homicide.
Speaker 4: You know, you know what I'm saying. And so what
Speaker 4: I'm saying is this, in that corral, we decide what
Speaker 4: we're going to rope and what we're going to latch onto.
Speaker 4: Some people latch onto just all those negative things in
Speaker 4: that corral. Some people latch on to all the positive
Speaker 4: things in that corral. And no matter what, whatever you
Speaker 4: latch onto, you're going to concentrate on, and then you're
Speaker 4: going to collect more and more of them. But that
Speaker 4: coral is filled with every everything. So when people call me,
Speaker 4: I know what they're latching on too, because I felt
Speaker 4: it and I could have chosen that, and we all can.
Speaker 4: We all know when we listen to callers here, if
Speaker 4: we're totally honest, no matter how whacked we think they
Speaker 4: are or how wonderful we think they are, we all
Speaker 4: have shared their feelings.
Speaker 3: There's no new feeling under the sun. Nothing new.
Speaker 4: Now the wackos will take the extreme violent feelings and
Speaker 4: believe that they need to act on them. Sensible people think,
Speaker 4: what if I ever did that? Oh no, never. We
Speaker 4: all have these thoughts. We're not We're not crazy or
Speaker 4: we're not super sayane. We just have these thoughts. It's
Speaker 4: what we corral, it's what we lasso.
Speaker 6: Do you think it's all voluntary? Tom, Well, what do
Speaker 6: you mean?
Speaker 2: Well?
Speaker 3: Hold on now, I was gonna oki that. Okay.
Speaker 4: So if I'm a cowboy sitting on the corral looking
Speaker 4: out into my corral deciding what I'm going to last,
Speaker 4: so what I'm going to rope into my into my life,
Speaker 4: I think it's an influenced by all kinds of stuff.
Speaker 4: If I got a frickin thorn on the fence that
Speaker 4: I just sat on, and it's in my ass and
Speaker 4: I'm hurting and I'm in extreme physical pain all the time.
Speaker 4: I don't look necessarily at all the good stuff in
Speaker 4: that corral.
Speaker 3: I think, God, this is terrible.
Speaker 4: I'm feeling terrible, and you latch onto some of the
Speaker 4: terrible things. Or maybe my hormones are off. That's something
Speaker 4: I think. Sometimes people are just born with the genes
Speaker 4: of crazy people. I don't, you know, look at well,
Speaker 4: there's nothing new. Who knows. I don't know the answer,
Speaker 4: but I do know this. I do know that some
Speaker 4: of its choice, but not all of its choice. And
Speaker 4: that goes down to every single feeling in the world.
Speaker 4: Some of its choice, not all of it is you know, alcoholism?
Speaker 3: Is it a choice?
Speaker 4: I think part of it is, but part of it
Speaker 4: is a sensitivity maybe to alcohol, and where they get
Speaker 4: a yearning where other people don't.
Speaker 3: You know.
Speaker 4: Look at some people can do painkillers after surgery and
Speaker 4: or go back to them and never miss them and
Speaker 4: never care about them. Others feel it and go whoa,
Speaker 4: And then what the medication does? What painkillers and antidepressants
Speaker 4: and alcohol and all of that stuff does is when
Speaker 4: you're sitting up on your corral, looking out into that
Speaker 4: corral of numerous feelings and emotions, it kind of helps you.
Speaker 4: It filters out some of the bad, so you think,
Speaker 4: and so it helped you to tackle the.
Speaker 3: Things in the corral.
Speaker 4: Now, in my opinion that the best way to go
Speaker 4: through that corral is to embrace whatever you're feeling. Not
Speaker 4: super violent all that, but recognize, hey, this guy lost
Speaker 4: his parents, maybe his friends and all this, so you're depressed.
Speaker 4: It's okay. Where we make the mistake is thinking that
Speaker 4: we can't be depressed. Of course we can. We don't
Speaker 4: want to be depressed every day twenty four to seven
Speaker 4: for fifty years.
Speaker 3: But it's okay to feel bad.
Speaker 4: I think we're the what happens to most people when
Speaker 4: they start feeling bad, they're told they shouldn't feel bad,
Speaker 4: so then they start fighting feeling bad, and then they
Speaker 4: even take drugs not to feel bad, when if they
Speaker 4: just felt bad in the beginning for one or two
Speaker 4: or three weeks because they had some bad circumstances, they
Speaker 4: would have gotten over it. We're fighting, not feeling bad,
Speaker 4: not feeling bad. Sometimes you feel bad, then you get
Speaker 4: over it. I mean, I don't want to preach too much,
Speaker 4: but I swear to God. I mean, I hear this
Speaker 4: for forty five years. You learn after talking to people,
Speaker 4: there are people who simply latch on to certain parts
Speaker 4: of their feelings, and we all have them. Even though
Speaker 4: we say all that person's whacked, we secretly have felt
Speaker 4: minor twinges of those feelings. But we just did not
Speaker 4: lasso them. We didn't tie them to our.
Speaker 3: Breeches and walk around the rest of our lives with them.
Speaker 4: We got more coming up. Listen, the show's crazy, right.
Speaker 4: I don't make any excuse that I've been doing it
Speaker 4: for so long and we managed to make it, don't we.
Speaker 4: So the point is this, Okay, it's okay to go
Speaker 4: through that corral and feel both feel up, feel down,
Speaker 4: feel in between, feel hate, feel love. I mean, there's
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Speaker 3: Help.
Speaker 4: You'll think you're his only customer when you choose Frank
Speaker 4: durand the real estate Man dot com to list your
Speaker 4: home with Remax Alliance three all three nine two zero
Speaker 4: sixteen twenty two. Hi Tom Martino, you're troubleshooter. A lot
Speaker 4: of discussion online here, well not a lot, but on
Speaker 4: my YouTube channel here we get people who discuss back
Speaker 4: and forth things on and off the show and life
Speaker 4: in general. On the opening ceremonies of the Olympics, I
Speaker 4: know a lot of people were offended, a lot of
Speaker 4: people didn't care, a lot of people thought it was
Speaker 4: great and whatever. But I didn't understand, to be honest
Speaker 4: with you, I didn't understand the significance anyway, If you're
Speaker 4: gonna have it had nothing to do with the Olympics.
Speaker 4: That's all I have to I mean, you know, it's like, why,
Speaker 4: that's what I didn't understand. I'm not going to go
Speaker 4: so far as to think agendas are being pushed or something,
Speaker 4: but I just don't understand. Sometimes with anything people do
Speaker 4: the context, I just don't understand it.
Speaker 3: Maybe if they explained it, we'd know better. Joseph.
Speaker 4: Okay, Joseph suffered from years of depression, and he's starting
Speaker 4: to tell us about some problems he's having. But we
Speaker 4: haven't gotten to that. So Joseph, let's try to keen
Speaker 4: on your problem. And by the way, don't say bad words.
Speaker 4: I had to nix you before.
Speaker 5: Now you said, this is my first time on the air.
Speaker 4: Tom, It's okay, Joseph. Joseph, Pretend you're talking to a priest.
Speaker 4: Pretend you're talking to a priest.
Speaker 8: Father, Tom, I have a priest.
Speaker 5: I love.
Speaker 3: Okay, So listen, Joseph.
Speaker 4: On the friends thing they were getting the Sheriff's department
Speaker 4: was getting reports. They were beating the crap out of you.
Speaker 4: Let me ask you something. Who was making these reports?
Speaker 5: Well, by that time, these are people I knew for
Speaker 5: fifteen years these boys, they were brothers.
Speaker 3: But why were who made reports? Just answer me.
Speaker 4: I got to keep you here, man, who who? Otherwise
Speaker 4: we're going to have what we had the other day of.
Speaker 5: Okay, by a county agency.
Speaker 4: Let me ask you this why okay, hold on, Joseph.
Speaker 4: In all of my years, I have never had a
Speaker 4: county agency check on me. So why would a county
Speaker 4: agency get report that you were having the crap beat
Speaker 4: out of you? Do they come and visit you on
Speaker 4: a regular basis? Are you under some kind of program?
Speaker 5: No, not at all. It was it that sort of arrangement.
Speaker 4: Then how did the Sheriff's department get a report that
Speaker 4: these guys were beating the crap out of you?
Speaker 5: I discussed it with one of the social workers at
Speaker 5: the agency, I told her.
Speaker 4: But hold on, Joseph, stop nope, nope, nope. When you
Speaker 4: stop making sense, then I have to go back. When
Speaker 4: you said you discussed it with somebody at the agency.
Speaker 4: Why did you call a social services agency?
Speaker 3: No?
Speaker 5: They called me.
Speaker 4: Now okay, see, now do you see where this is
Speaker 4: not making say? As I said, in all of my years,
Speaker 4: I've never been called listen, you don't get to set
Speaker 4: the agenda. I tried that and it doesn't work. Do
Speaker 4: you want to shut up? Do you want to shut
Speaker 4: up and get some help? I'm serious, Okay, I'm taking control.
Speaker 3: Of the conversation. And here's what I'm going to ask.
Speaker 4: Number one, Why did a social service agency call you
Speaker 4: in the first place? That's our first question and answer what?
Speaker 4: What is the answer to that?
Speaker 5: Because after I lost my parents, yes, I approached them.
Speaker 5: I had a qualifying diagnosis of an unknown type of depression.
Speaker 5: I was eligible for services by college statute. That might
Speaker 5: it might be better for me to receive those until
Speaker 5: things stabilized than.
Speaker 4: My Okay, So did they periodically call you to check
Speaker 4: on you?
Speaker 9: Not?
Speaker 5: For a while? They were, They were supposed to, but they.
Speaker 7: Were rather okay.
Speaker 4: So, so upon this one call they made, you told
Speaker 4: them or you discussed something about being maybe physically beaten
Speaker 4: or abused.
Speaker 5: I'll tell you exactly what I told them, sir, Good,
Speaker 5: go ahead, I said, I said, these these guys are
Speaker 5: my friends. They're behaving in a way that I've never
Speaker 5: seen them behave before, and I cannot strike my friends.
Speaker 5: These are people who have treated me well for years.
Speaker 5: I know them really well. I know something's wrong here.
Speaker 3: So now did you but did you say that they
Speaker 3: were hitting you? I did?
Speaker 8: Okay, God, keep going, because I wanted to.
Speaker 5: I wanted to diffuse it. I wanted to nod, and
Speaker 5: I wanted to diffuse it myself if I could. We're
Speaker 5: all young.
Speaker 4: Men, and Joseph, were they like fooling around or were
Speaker 4: they really hurting you?
Speaker 5: Well, as it escalated, it became quite dangerous. They were
Speaker 5: really hurting me.
Speaker 3: And what did Social services do about it?
Speaker 5: Social Services? What happened was interesting. Social Services contacted the
Speaker 5: Sheriff's department, ask the deputy and a couple of paramedics
Speaker 5: to come out and look me over.
Speaker 3: Okay, good, and then what.
Speaker 5: Well, as soon as the I have the records from
Speaker 5: the communications center at.
Speaker 3: The sheriff yeah, okay.
Speaker 7: Within a few.
Speaker 5: Minutes of the time that they received that report from
Speaker 5: the county, they received a parallel report under the same
Speaker 5: legal kind of concept from a physician attending to their mother,
Speaker 5: and it was basically a counter to the report about
Speaker 5: their sons. It alleged that I was abusive to her.
Speaker 3: Okay.
Speaker 4: So, in other words, when you made this report to
Speaker 4: Social Services and they called Boulder County these guys through
Speaker 4: a doctor made an opposite report.
Speaker 5: Yeah, with the they were received by the communications center
Speaker 5: minutes apart.
Speaker 4: Now I get it, does okay, So then what happened
Speaker 4: whatever that may mean, Then what happened that means?
Speaker 3: Then what happened?
Speaker 5: Well, a deputy comes out with the medics. They come
Speaker 5: visit me. I'm in my room at the time because
Speaker 5: I have a little COVID. It's nothing serious. I'm just
Speaker 5: resting there, and the deputy comes to me. He doesn't
Speaker 5: ask me any questions about my safety, and the medics
Speaker 5: don't examine me. They sort of just stand there. But
Speaker 5: he tells me, he lectures me for a while and says,
Speaker 5: I'm a pretty good bad guy for abusing this woman.
Speaker 4: Now what women are they talking about? What woman are
Speaker 4: they talking about? Your friend's mom?
Speaker 5: Yeah, and she was a dear lady to me.
Speaker 4: Now, now how did you But but hold on, do
Speaker 4: you visit her? Is that what they're saying, you visit her?
Speaker 2: No?
Speaker 5: I was staying in the family home.
Speaker 3: Okay.
Speaker 4: See that would have been the one to lead with. Okay,
Speaker 4: So yoh, Joseph. So the story starts out, you're living
Speaker 4: with these people, and then you told solcier services were
Speaker 4: mistreating you. And then the brother said, no, you're the
Speaker 4: one mistreating mom.
Speaker 3: I got it. What happened?
Speaker 7: Then, well what happened?
Speaker 5: Okay, So the deputy comes he he he tells me,
Speaker 5: I'm mistreating the old lady. God rest her soul. She's
Speaker 5: passed away. And I was a little bit socked.
Speaker 3: Because when did she pass away? When did she pass away?
Speaker 5: In twenty twenty two she suffered a heart or you know,
Speaker 5: in twenty twenty she suffered a heart attack.
Speaker 7: Okay, you didn get the right attention.
Speaker 4: So this was way back obviously, before she died, she
Speaker 4: reported to her doctor. Her doctor reported to the sheriff's apartment.
Speaker 4: So they wanted to counterclaim. They said, you're hurting the mom.
Speaker 4: The sheriff's deputies come out. Let's keep moving forward. What happened?
Speaker 5: Then nephuty comes out and he tells me, you know,
Speaker 5: whatever you're doing, knock it off. He didn't take me
Speaker 5: into custody, he didn't charge me. I wasn't taket it
Speaker 5: or anything. But I was surprised because my conversation with
Speaker 5: the mother has.
Speaker 4: Been Did they ever investigate the brothers hurting you?
Speaker 5: Absolutely not?
Speaker 4: Okay, okay, so let's keep let's keep moving forward.
Speaker 3: Let's keep moving forward. What happened then?
Speaker 5: So, okay, so we're at the deputy, right, Yeah.
Speaker 4: What happened? They investigated you.
Speaker 3: What happened?
Speaker 5: They talked to me briefly and left. They but they
Speaker 5: asked me no questions about my own safety. It was
Speaker 5: as if the refriend.
Speaker 4: I get it, as if they just didn't They didn't
Speaker 4: consider your complaint.
Speaker 3: They were just talking about the old lady. Then what happened?
Speaker 5: We move into a new phase where I begin hearing
Speaker 5: from the brothers. The brothers are affected by me.
Speaker 4: Meanwhile, were you still living there? Were you still living there?
Speaker 4: I was, okay, So in all of this, you were
Speaker 4: still living with the woman you were accused of beating
Speaker 4: and with the two brothers who were hoarded you.
Speaker 5: Yes, Then what happened? I was making my way. I
Speaker 5: was making my way out as I got better, Okay,
Speaker 5: because I was, I get it. Keep going, keep going,
Speaker 5: keep going, some success. What happened?
Speaker 3: Keep going?
Speaker 5: Gan to hear. What I began to hear from the
Speaker 5: brothers was you should have contacted those people. You brought
Speaker 5: the Sheriff's department here.
Speaker 3: Right, They were upset. I get it. They were upset, sure,
Speaker 3: sure they were.
Speaker 4: Well, where is all this going, Joseph? Where was all
Speaker 4: this going? What are you calling about today, Joseph, Joseph.
Speaker 5: What I would? What I was told was that if
Speaker 5: I called the Sheriff's department again, no matter how serious
Speaker 5: the beatings were, the Sheriff's department offered to simply arrest
Speaker 5: me instead.
Speaker 4: I get it, Joseph. They're they're kind of thinking that
Speaker 4: maybe you're false reporting or something.
Speaker 3: Here's what I want to know, Joseph.
Speaker 4: But Joseph, Joseph, time for me, now, time for me,
Speaker 4: Time for you to be quiet, Joseph. Otherwise we hang
Speaker 4: up and you go away. Okay, See that's easy for me.
Speaker 4: I just you hang up, you go away. I really
Speaker 4: want to help, but I can only help if I
Speaker 4: get direction. I'm not gonna let you ramble. That's not
Speaker 4: gonna happen anymore. So here's what I want to know.
Speaker 4: Have you moved out of there?
Speaker 5: Use I got it from others.
Speaker 8: You're a psychopath. Stop behaving the.
Speaker 3: Time I'm Joseph. If you're not gonna talk, do you
Speaker 3: want to you want to hang up? Hang up?
Speaker 4: If you want to go ahead if you want help,
Speaker 4: stay on. Did he hang up?
Speaker 3: Okay? Good, good, That's the best sound I heard all day.
Speaker 4: All right, JOSEPHS. Sorry that happened. It was a lot
Speaker 4: of waste of time.
Speaker 3: People.
Speaker 4: We gotta converse, You gotta make a story. Did he
Speaker 4: move out? Where did he go? What's happening now? Never
Speaker 4: got to that, did he? And I know my YouTube
Speaker 4: mora ons yoused to tell me don't interrupt people, And
Speaker 4: I'm sick and tired of that because when I let
Speaker 4: people talk, we're here for four hours and we still
Speaker 4: don't hear the story. So that's why I'm conducting the show.
Speaker 4: You're welcome to tune up. I want to help people,
Speaker 4: but we got to get to the fricking problem.
Speaker 3: We got more coming up.
Speaker 4: Go with a sure thing Denver's Best roofer Excel roofing
Speaker 4: dot com. You don't pay a cent until you're content.
Speaker 4: Time for an insurance check up free, no obligation. In comparison,
Speaker 4: call Compass Insurance paying too much your coverage at dozens
Speaker 4: of insurance companies. Find out now three oh three, seven
Speaker 4: seven to one help. You'll think you're his only customer
Speaker 4: When you choose Frank durand the real estate man dot
Speaker 4: Com to list your home with Remax Alliance three oh
Speaker 4: three nine two zero sixteen twenty two. Hi Tom Martino,
Speaker 4: your troubleshooter three oh three seven one three talk three
Speaker 4: O three seven one three eight two five five.
Speaker 3: Welcome to the show.
Speaker 4: We are here to help you solve your problems, answer
Speaker 4: your questions, and take your complaints. And Mark has a
Speaker 4: tenant landlord question about the new laws.
Speaker 3: And man, there are a lot of new laws. What's happening.
Speaker 10: Yeah, thanks for taking my call time, Yes, what's going on?
Speaker 2: Man?
Speaker 7: Question I have? So I'm a landlord.
Speaker 10: I have a couple of properties to properties, and I
Speaker 10: have a tenant that is continually just a month late
Speaker 10: on paying the rent and their least comes up September thirtieth,
Speaker 10: and I mean I'm trying to just figure out if
Speaker 10: I do like the demand for compliance, which is to
Speaker 10: get caught up, and then I try.
Speaker 4: To go Now, when you say caught up, did they
Speaker 4: ever miss a month or they just late?
Speaker 10: They're about thirty days late.
Speaker 11: I mean they'll give me like three hundred this week,
Speaker 11: and then they'll give me like or beginning of July,
Speaker 11: and then they'll give me one hundred a week later.
Speaker 4: So in other words, they they they finished paying for
Speaker 4: July at the end of the.
Speaker 10: Month, or in August they will, and then.
Speaker 4: What do they do about August?
Speaker 10: They kind of get that to me hopefully along the
Speaker 10: way in August or September is kind of how it works.
Speaker 3: Well, you can that that's a reason to end the lease, okay, okay,
Speaker 3: I mean.
Speaker 4: It's non compliance with the terms of the lease, which
Speaker 4: is payment due by a certain day.
Speaker 3: Do they pay late fees?
Speaker 8: I no, No, it's in the it's in the contract.
Speaker 7: For them to pay the late fees.
Speaker 10: But I'm just trying to get my mains.
Speaker 4: Well wait a minute, have you been have you been
Speaker 4: charging them late fees?
Speaker 7: I have not.
Speaker 4: Well, then, UK, do you have an accrual of late feest?
Speaker 4: Can you keep track of all of them? Because they
Speaker 4: have to pay those. That would be another reason to
Speaker 4: let them go if they don't pay them.
Speaker 10: Yeah, it's probably about five or six hundred dollars this
Speaker 10: year so far. So and laate fees yeah yeah, okay.
Speaker 4: Is now are you you're asking should you give them
Speaker 4: a chance secure?
Speaker 3: Yes?
Speaker 10: And I've done that and I did put that demand
Speaker 10: for compliance good.
Speaker 7: I had to stop by.
Speaker 10: Twice they weren't there.
Speaker 7: I put it on their door, and so they have
Speaker 7: ten days of cure. I'm just wondering, is the rest.
Speaker 10: Of this process is it?
Speaker 5: Is?
Speaker 9: It?
Speaker 4: Is it?
Speaker 7: Do I should I hire somebody.
Speaker 2: To do this?
Speaker 3: Or Okay, that's a good question.
Speaker 4: In other words, In other words, can you simply say
Speaker 4: you're not renewing the lease for cause and give them
Speaker 4: the proper notice? When is the lease up?
Speaker 7: September thirtieth?
Speaker 4: Okay, just so you know, just soon, you know, you
Speaker 4: don't have to wait till the end of the lease.
Speaker 3: You can evict them as well.
Speaker 4: So let's get Brad O'Brien on and see what what
Speaker 4: he thinks in general. Okay, three oh three seven one
Speaker 4: three talk three oh three seven one three eight two five.
Speaker 4: I hang on, We're gonna get Brad O'Brien on and
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Speaker 4: Dot com and welcome to the show. Mark, you did
Speaker 4: finally get in right on an access here, so you're.
Speaker 3: In and uh, I'm here baby. Okay.
Speaker 4: So we have Brad O'Brien on who is our real
Speaker 4: estate expert olslaw dot com. He's a a real estate attorney.
Speaker 4: And there's a good question, Brad. I don't know if
Speaker 4: we've ever had this question directly, but Mark is a landlord,
Speaker 4: and Mark has a tenant who, through the year of
Speaker 4: the lease, has been chronically late. So, for example, on
Speaker 4: July's rent, he'll pay some of it late, some of.
Speaker 3: It on the fifteenth, some of it on the twenty fifth.
Speaker 4: By the end of the month he may have it
Speaker 4: all paid, or it goes into August. Then he starts
Speaker 4: paying on August, but he's chronically late and doesn't pay
Speaker 4: any of the late fees called for in the lease either.
Speaker 3: Now he wants to know does he have to let the.
Speaker 4: Guy know I'm not renewing your lease and why or
Speaker 4: how does that work under the just cause laws that
Speaker 4: were just passed.
Speaker 12: Yes, he'd have to give a ninety day notice that
Speaker 12: he's not going to renew the lease that passes termination.
Speaker 10: And one of.
Speaker 12: The stated reasons allowing you to do that is that
Speaker 12: they've been late on the rent at least three times,
Speaker 12: each time by more than ten days or ten day's
Speaker 12: a minimum, but each time the lander has to give
Speaker 12: that written ten day notice, and attendant didn't cure it.
Speaker 7: So there's a lot to do.
Speaker 4: Okay, so ninety days, I think you're all you're already late?
Speaker 2: Then?
Speaker 3: Is that true?
Speaker 2: Sir? No? No?
Speaker 3: Oh sorry, go ahead, go ahead, no mark? Are you?
Speaker 13: Yeah?
Speaker 11: It sounds like I'm already late because the least comes
Speaker 11: up it expires in September thirty thirtieth, so I pra
Speaker 11: have to go to October thirtieth or thirty first. And
Speaker 11: then from what it sounds like what Brad was saying
Speaker 11: is every month that they're late, I need to start
Speaker 11: the eviction process and have that done at least you
Speaker 11: said three times, right, the ten day notice?
Speaker 4: Wait a minute, so he has to give out three
Speaker 4: ten day notices before he can he can call them
Speaker 4: chronically late.
Speaker 12: Yes, in order to not in order to have grounds
Speaker 12: to not renew at the end of term.
Speaker 4: And you have what if he hasn't done it. He
Speaker 4: has to now start from now, that's.
Speaker 12: Right, see the purse. You're being a victim that for
Speaker 12: non payment of rent?
Speaker 4: Yes, so that's okay. So let's not talk about the
Speaker 4: lease right now. But let's just say right now, are
Speaker 4: they paid up for July?
Speaker 2: No?
Speaker 4: Are they paid up for June? Are they paid up
Speaker 4: for June?
Speaker 3: Okay? So you can evict.
Speaker 4: Them based on not paying July and in a few
Speaker 4: days for not paying August, you might. Do you feel
Speaker 4: that they're going to have July paid by what is
Speaker 4: it tomorrow or the next day?
Speaker 2: No?
Speaker 3: Okay?
Speaker 4: So will they have August ready?
Speaker 3: No?
Speaker 4: So then you can file for an eviction for two
Speaker 4: months of non payment?
Speaker 5: Okay?
Speaker 11: Do I have to wait until August tenth?
Speaker 14: I guess?
Speaker 13: Or ten days after the beginning August two?
Speaker 2: Now?
Speaker 3: Why did you pick ten days? Did you hear that somewhere?
Speaker 7: It just kind of my head is as far as
Speaker 7: like I.
Speaker 4: Thought, I Well, Brad, let's say, Brad, August, let's say
Speaker 4: August second.
Speaker 3: And third or third?
Speaker 4: Does the least call for a payment of August first? Yes,
Speaker 4: So let's say August second or third, Neither July has
Speaker 4: been completed nor August has been done. Brad, can he
Speaker 4: file for eviction right then? Or the ten day notice
Speaker 4: or whatever?
Speaker 12: Yeah, when when the rent is one day late, then
Speaker 12: you can give the ten day notice and then if
Speaker 12: they don't pay within that ten days, that's when you
Speaker 12: can file.
Speaker 7: A core complaint for eviction.
Speaker 3: Okay?
Speaker 10: And can they picked?
Speaker 5: Can can they come back to you?
Speaker 3: Hold on?
Speaker 4: Hold on, sir, we have to Brad O'Brien seven to
Speaker 4: zero three seven zero seventy three eighty eight more.
Speaker 3: Coming right up.
Speaker 4: With a sure thing Denver's Best roofer Excel Roofing dot com.
Speaker 3: You don't pay a cent until you're content.
Speaker 4: Wait time for an insurance check up free, no obligation
Speaker 4: comparison call Compass Insurance paying too much your coverage at
Speaker 4: dozens of insurance companies find out now three all three
Speaker 4: seven seven one help. You'll think you're his only customer
Speaker 4: when you choose Frank durand the real estate Man dot
Speaker 4: com to list your home with Remax Alliance three all
Speaker 4: three nine two zero sixteen twenty two.
Speaker 3: Yea ripped.
Speaker 9: News need so you don't have.
Speaker 1: Come runs as fast as can Shooter's gonna help come.
Speaker 15: Six is the Troubleshooter Show. No Tom Martinez, Hi.
Speaker 4: Tom Martino here, Welcome to the show. Three all three
Speaker 4: seven one three talks seven one three eight five five
Speaker 4: Here to help you with what we can and we
Speaker 4: have a bunch of stuff to talk about. One of
Speaker 4: the things, you know, I find it odd and I
Speaker 4: really think about this, if we talk about things in
Speaker 4: the presidential elections, if the candidates and the parties talk
Speaker 4: about things affecting Americans, they always talk about the you know,
Speaker 4: the main the economy, of course, and they talk about immigration, right,
Speaker 4: the borders, and they'll talk about abortion and reproductive riots,
Speaker 4: and they'll talk about what other issues are hot blends,
Speaker 4: homeless crisis possibly.
Speaker 3: That kind of stuff. Right, Never once in all of
Speaker 3: the years of listening.
Speaker 4: To candidates, Oh, they mentioned taxes too, right, But do
Speaker 4: they ever mention consumer fraud?
Speaker 3: I have never once.
Speaker 4: You hear crime, you know, and defunding police or not
Speaker 4: defunding police, but you never, ever, ever, ever ever hear
Speaker 4: a candidate address consumer fraud.
Speaker 6: Well that's because they put under the crime ban or Tom.
Speaker 4: Not really not really when they talk about crime, they
Speaker 4: mostly talk about violent crime.
Speaker 3: And they talk about that, but really.
Speaker 4: Consumer fraud has always taken a Vactually, no one has ever.
Speaker 3: Talked about it yet.
Speaker 4: I'll bet you more money is lost through consumer fraud
Speaker 4: than almost any other segment of life.
Speaker 3: It's fraud, especially cyber fraud.
Speaker 4: Now the closest we came to addressing consumer legislation. The
Speaker 4: last president to do that would have been Obama. With
Speaker 4: credit cards, you know, late fees and stuff. He did
Speaker 4: a little to curb some of that, and payday loans.
Speaker 4: I think governments did something, I think on state levels
Speaker 4: on the abusive nature of payday loans. And of course
Speaker 4: a lot of people would say they're not abusive, and
Speaker 4: but what I'm saying is just the topic. But can
Speaker 4: you imagine, I don't it touches everyone, But they never
Speaker 4: talk about it. They never say we're going to go
Speaker 4: after the people who are scheming your parents and grandparents
Speaker 4: or whatever. Maybe it's not sexy and popular, but it's
Speaker 4: amazing that they never talk about it.
Speaker 3: Do you know that. Listen to this.
Speaker 4: There's this one couple who had two million, three hundred
Speaker 4: and ninety three dollars taken from their account with electronic
Speaker 4: transfers from an employee of a bank or an insider
Speaker 4: who falsified records and took the money. In the Western
Speaker 4: it was the US Attorney's Office that prosecuted this in
Speaker 4: the Western District of Missouri. Now, my hat's off to
Speaker 4: them that they found this thirty six year old woman
Speaker 4: and she pleaded guilty.
Speaker 3: To bank fraud.
Speaker 4: But guess what, no restitution from anyone, not from the bank,
Speaker 4: at least not automatically.
Speaker 3: Now that might have to be a civil case. Who knows.
Speaker 4: She drained accounts, so no, that wasn't one couple. I'm sorry,
Speaker 4: these were various accounts they took. She took two thousand
Speaker 4: and three ninety three to eighty eight, and she transferred
Speaker 4: the funds to herself and her family. Now, fraud like
Speaker 4: this is not unheard of. I mean, we get credit
Speaker 4: card fraud all the time, fishing fraud, delivery fraud, I mean, god,
Speaker 4: there's just so many. It's like people stay up at
Speaker 4: night thinking about fraud. And we don't really have a
Speaker 4: government that takes consumer frauds seriously, really don't. I mean
Speaker 4: they make busts now and then like this one, but
Speaker 4: it's not really up there on their list of bad guys. Bill,
Speaker 4: you want to talk about a prenup what's going on?
Speaker 13: Oh hi Tom Latino, thanks for taking the call.
Speaker 3: Yes, Bill, what's going on?
Speaker 4: Well?
Speaker 13: My, uh, my father in law home was owned in
Speaker 13: trust which was left to his children and grandchildren. He
Speaker 13: made a prenup with his then wife which said that
Speaker 13: he could live in the house. She could live in
Speaker 13: the house rent free for as long as she wanted.
Speaker 13: The prenup also stated there would be a set aside
Speaker 13: an amount of money that would be set aside for
Speaker 13: expenses related.
Speaker 3: Now, when did the father When did the father in
Speaker 3: law die?
Speaker 13: About three years ago?
Speaker 3: Okay, and keep going, Okay.
Speaker 13: So there's a Now the big question here is is
Speaker 13: there's about a third of that left. And we want
Speaker 13: to know is when.
Speaker 3: The third of what a third of what left.
Speaker 13: Of the money left it set aside to maintain the home,
Speaker 13: you know?
Speaker 4: And what does the prenups say? He's she could live
Speaker 4: there for her?
Speaker 3: Did it? Was it a life estate? She could live
Speaker 3: there her whole life?
Speaker 13: Well, that's just it. It's open ended. It says that
Speaker 13: when she leaves the residents or dies, the remainder of
Speaker 13: such fun shall be distributed to the.
Speaker 4: Okay, Well, but what does it say about her living
Speaker 4: in the home as long as she wants, okay, Well,
Speaker 4: then that that's as long as she wants then okay.
Speaker 4: And then during that time there was money set aside
Speaker 4: for maintenance, right, correct? And when that money is used up,
Speaker 4: does it address what.
Speaker 3: Happens that's the problem.
Speaker 4: It doesn't, Well, then it's not a problem because then
Speaker 4: she has to cover it, okay.
Speaker 3: And I don't see why. I mean, did she make
Speaker 3: noises about it.
Speaker 9: No.
Speaker 13: As a matter of fact, we're not sure what she
Speaker 13: thinks is going to happen when that runs out, and
Speaker 13: we just want to make sure we have all our
Speaker 13: ducks in a row or options that we have Okay.
Speaker 3: Now I'm not giving legal advice.
Speaker 4: I mean I would just assume if it's not addressed
Speaker 4: and there's a maintenance issue, who is the owner of
Speaker 4: the home the trust okay, and she is simply living there,
Speaker 4: what happens when she leaves?
Speaker 13: We would sell the house and distribute the proceeds.
Speaker 4: Is that what the trust says, is that what the
Speaker 4: trust document tells.
Speaker 3: You to do.
Speaker 13: It does yes, says the remainder of such funds shall
Speaker 13: be distributed if there's anything left over, and this is
Speaker 13: from a prenup. The trust says we sell the property.
Speaker 3: And how old is she?
Speaker 13: About eighty one?
Speaker 4: Okay, so what is your concern? What happens when the
Speaker 4: maintenance money runs out?
Speaker 13: Yes, does the trust have to continue?
Speaker 3: You know what, I don't know the answer.
Speaker 4: I said she would be responsible, I mean my gut,
Speaker 4: but I'm not sure she would be. I mean she's
Speaker 4: like a tenant. Really, she's living rent free. But you, guys,
Speaker 4: or the trust owns the home, you know, let's ask
Speaker 4: let's ask our one of our state planning attorneys what
Speaker 4: he Let's try to get Dan mackenzie on.
Speaker 3: And let's just figure it out. Bill.
Speaker 4: We'll try to get an attorney on to address this again.
Speaker 4: Somebody might say, well, the trust owns the house and
Speaker 4: she's simply living there, she should not need to be responsible.
Speaker 4: This was the money set aside in her name or
Speaker 4: was it set aside within the trust?
Speaker 13: It was set aside in trust.
Speaker 4: So it's part of the trust that owns the house
Speaker 4: and she is not a part of any of the trust. Well,
Speaker 4: then that would tell me that if the trust runs
Speaker 4: out of money to maintain the house, they're going to
Speaker 4: have to continue to maintain it.
Speaker 3: Another way, that's what it would tell me.
Speaker 4: Yeah, yeah, see if listen, if she was given money
Speaker 4: to maintain the home, given money to maintain the home,
Speaker 4: in my mind, it means that they thought she should.
Speaker 3: Maintain the home, and he was going to give her
Speaker 3: a head start.
Speaker 4: But if the trust owns the home, and the trust
Speaker 4: has money put aside for maintenance, and that money's almost gone,
Speaker 4: then I think the trust would do one of two things.
Speaker 4: They either say we're not going to make the repairs
Speaker 4: or maintenance, or we're going to pay for it. I mean,
Speaker 4: I don't see why she would have to because it
Speaker 4: was set aside for the trust, not for her. You're
Speaker 4: saying it was set aside for her, but it really wasn't.
Speaker 4: It was set aside for the trust.
Speaker 7: It would you set aside to maintain the house, right.
Speaker 4: Okay, But that doesn't mean that the house doesn't get
Speaker 4: main The trust has an obligation to maintain its asset,
Speaker 4: Yes it does, no matter who's living there. I mean,
Speaker 4: what would you guys want? How many people are going
Speaker 4: to inherit? The proceeds from this house's eleven okay? With
Speaker 4: those eleven people, and who's the trustee, who's the.
Speaker 3: One in charge?
Speaker 7: My wife.
Speaker 4: Would your wife want that house to deteriorate and not
Speaker 4: be maintained? No? Okay, I think you're kind of answering
Speaker 4: your own question. I mean, if the money runs out,
Speaker 4: what do you do. Well, you're the owner of the house,
Speaker 4: your maintenance ran out, what do you do?
Speaker 3: You you re up it? I mean, you still maintain
Speaker 3: the house. Why wouldn't you?
Speaker 4: To me, it's more logical than legal. But I'm surprised
Speaker 4: the trust did not address it. But in the absence
Speaker 4: of a trust document addressing an item, it's up to
Speaker 4: the trustee to make their best judgment for that.
Speaker 8: Okay, yeah, I mean what we had.
Speaker 3: What were you thinking?
Speaker 4: The options would be that you could start charging her
Speaker 4: for it?
Speaker 7: That would she then become a tenant and then we
Speaker 7: can say, well, you have to pay for your utilities.
Speaker 4: You have to pay Well, it doesn't wait wait wait,
Speaker 4: so the trust was paying for the utilities.
Speaker 7: Too, Yeah, utilities and repairs.
Speaker 3: Well, utilities are not okay, So those what.
Speaker 16: Did the person that died? What do you think they
Speaker 16: actually wanted? Do you think they wanted that person to
Speaker 16: be able to live there till they died or as
Speaker 16: long as they want and pay for that stuff. What
Speaker 16: do you think the intention was just out of curiosity.
Speaker 13: His intention was for us to or to trust to
Speaker 13: like a stipend of one hundred thousand dollars for maintenance utilities,
Speaker 13: SAHOA fees and taxes, you know that kind of thing.
Speaker 13: The what he would have wanted was that's hard to say,
Speaker 13: that's right.
Speaker 4: It is hard to say bill. Therefore the trustee has
Speaker 4: to make up that. But you can't start charging your
Speaker 4: rent if it says she can live there as long
Speaker 4: as she wants rent free.
Speaker 3: Does it say rent free not?
Speaker 13: It doesn't. It just does say rent free, specifies rent free.
Speaker 3: Then yeah, if you guys want to get rid of it,
Speaker 3: here's what I do.
Speaker 16: Honestly, I would talk to her and see if she
Speaker 16: take a cash offer it to get out and move.
Speaker 16: I mean maybe that would entice her. Then you guys,
Speaker 16: can I think it would.
Speaker 3: Be cheaper to keep her.
Speaker 4: I think it would and that rhymes no, Seriously, it
Speaker 4: would be cheaper because and if she wants a cash deal,
Speaker 4: she's gonna want part of the equity or something, and
Speaker 4: I think it's easier.
Speaker 3: To just pay that.
Speaker 4: There's not much. There can't be many utilities and maintenance
Speaker 4: for her. What is it remounting to how much is
Speaker 4: left in the kitty.
Speaker 7: There's a third leapt So we got about a year
Speaker 7: and a half before we have to come to any
Speaker 7: kind of a conclusion.
Speaker 3: Let's let's get one.
Speaker 4: Of our well, we're going to get our attorney on
Speaker 4: three oh three seven one three talk seven one three
Speaker 4: eight two five five, because really we should be talking
Speaker 4: to an attorney.
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Speaker 3: You don't pay a cent until you're content.
Speaker 4: Please time for an insurance check up free, no obligation.
Speaker 4: Comparison call Compass Insurance paying too much your coverage at
Speaker 4: dozens of insurance companies find out now three oh three
Speaker 4: seven to seven to one.
Speaker 3: Help.
Speaker 4: You'll think you're his only customer when you choose Frank
Speaker 4: durand the real estate Man dot com to list your
Speaker 4: home with Remax Alliance three oh three nine two zero
Speaker 4: sixteen twenty two.
Speaker 3: Hi Tom Martino, you're a troubleshooter.
Speaker 4: Three oh three seven one three talk thero three seven
Speaker 4: one three eight.
Speaker 3: Two five five.
Speaker 4: We're gonna get into tourney on to talk about the
Speaker 4: issue with Bill and his.
Speaker 3: Prenupt find out what's his best course of action.
Speaker 4: Meanwhile, somebody texted me and wants to know why can't
Speaker 4: we use marijuana or hemp oil for fuel for our
Speaker 4: vehicles and equipment? Actually, I don't know if hemp oil.
Speaker 4: Actually I don't know. I don't know if it can
Speaker 4: be used. I don't even know if it's physically possible.
Speaker 4: Can you imagine, though, think of a creative name for
Speaker 4: a car get runs three miles to a gall and potmobile.
Speaker 4: Actually I don't know the answer. I do know that
Speaker 4: all kinds of oils have been experimented with, and not
Speaker 4: all oils can be refined into a gasoline fuel. Now,
Speaker 4: as far as diesel kind of compression engines, I'm not
Speaker 4: even sure about the volatility of different oils.
Speaker 3: I mean, I really am not. It is a good question.
Speaker 4: Perhaps we should do we I know any people that
Speaker 4: I'm not ordinary mechanics, I don't think would know that.
Speaker 4: But I would like to know the compressibility and combustibility
Speaker 4: of regular oil. I mean, diesel oil is petroleum based,
Speaker 4: and of course they use the compression in a diesel
Speaker 4: to fire that off with a glow plug. Can you
Speaker 4: fire off any oil?
Speaker 3: Is my question?
Speaker 4: And when I put that open question out there, that's
Speaker 4: for everyone, including even though I hesitate to ask my
Speaker 4: YouTube morons. Again, you know, you got to take them
Speaker 4: with a grain of salt. Most of them.
Speaker 3: That is so three ozho.
Speaker 4: Three seven one three talk three oh three seven one
Speaker 4: three eight two five five.
Speaker 3: We'll try to find that out.
Speaker 4: As far as the the oils that can be used
Speaker 4: for fuel, I really don't know the answer to that.
Speaker 4: And let's see we got other questions coming in. Here's
Speaker 4: one here. Okay, is safer Net still in business?
Speaker 3: Mark? Do you know that or not? Yeah?
Speaker 15: They are.
Speaker 16: They've had some struggling issues. I've had a few complaints
Speaker 16: on them, honestly, do you know what the issues are?
Speaker 3: Yeah?
Speaker 16: So we know a lot about apps because at one
Speaker 16: point we were building one. So you anytime Apple or
Speaker 16: even Samsung or Google creates a new download for your phone,
Speaker 16: a new operating system, whatever, new security, they have to
Speaker 16: rebuild the app and they're very slow at it. So
Speaker 16: a lot of times the app just isn't working until
Speaker 16: they update it. Once it's all updated, it's fine. But
Speaker 16: that's why these app companies, I mean, they have complete
Speaker 16: divisions that are always just rebuilding the app because they're
Speaker 16: always rebuilding the iOS, and they're in.
Speaker 4: A space that is very competitive and very difficult as
Speaker 4: a smaller operator. I mean, it really is because right
Speaker 4: now VPN there's so many of them. And frankly, I
Speaker 4: mean I like the guys that say for Net and
Speaker 4: they do a really good job, or they did. I
Speaker 4: loved it, I had it. My kids are now older,
Speaker 4: I don't really use it for them. But my question is,
Speaker 4: and then of course it's not just for filtering for kids.
Speaker 4: It's all supposed to be for a cyber attacks and
Speaker 4: all of that. But my question is how do they
Speaker 4: stand up to the bigger guys? I mean, really, is
Speaker 4: it like jousting at windmills? Is it difficult to be
Speaker 4: competitive in that space? I would say, so, Mark, what
Speaker 4: do you think interesting?
Speaker 16: I say, for example, like on Windows, long as you
Speaker 16: have the newest version, Windows whatever, and long as you
Speaker 16: keep Defender what's built in up to date. I find
Speaker 16: zero need for anything in Windows. For Android, I find
Speaker 16: pretty much zero as long as you're not dumb or
Speaker 16: naive and go for fishing scams, which a lot of
Speaker 16: those things aren't going to help you with anyhow, and
Speaker 16: then yeah, if.
Speaker 3: You fall victim to those, you're absolutely right.
Speaker 16: And same with iOS, so long as you keep everything updated.
Speaker 16: I'm not a big fan of Norton or McAfee. I
Speaker 16: think they're a complete ripoff at this stage.
Speaker 4: But that's about it. Okay, So what do you think?
Speaker 4: And again I don't use them. We have our own
Speaker 4: algorithms and all of that. I don't want to get
Speaker 4: into that right now. But trading applications, trading apps, they're
Speaker 4: not talking about like a merrit trade.
Speaker 3: They're not talking about that.
Speaker 4: They're talking about apps that tell you how to trade
Speaker 4: and what to buy and what to sell.
Speaker 3: Have you ever looked at those? Mark No, we had.
Speaker 16: I think she passed away unfortunately, or at least she retired.
Speaker 16: But we had a lady that did reverse mortgages forever.
Speaker 16: Oh no, she didn't pass away. Oh good, So Joan's
Speaker 16: still there. She just retired. So what was remarkable, and
Speaker 16: this is going back about five years. She had a
Speaker 16: subscription to this app and I watched it and I
Speaker 16: was really impressed by it. And it would tell her
Speaker 16: what to buy and when to sell constantly, So she
Speaker 16: would log onto her Ameritrade account she really yep, she'd
Speaker 16: get through an app okay, sell this amount of this,
Speaker 16: this amount of this really yep, just constantly and it
Speaker 16: did not well.
Speaker 4: You know, I wonder if anybody has used a trading app.
Speaker 3: Now, now again, I'm not talking.
Speaker 4: About a platform, but something that really tells you what
Speaker 4: to do.
Speaker 3: I've always believed.
Speaker 4: That you can't really, I don't know, you can't really
Speaker 4: tell someone what unless you're just picking stocks. That's a
Speaker 4: whole different thing, right Anyway, Three oh three seven one
Speaker 4: three talk. I'd love to know, and so would this
Speaker 4: uh this texter And by the way, you can text
Speaker 4: me as well. Seven four seven nine nine nine.
Speaker 3: Fifty two eighty.
Speaker 4: That's seven four seven nine nine nine fifty two eighty.
Speaker 4: I'd to know your experiences as well with trading apps.
Speaker 4: Now we're waiting to get our estate planning attorney on
Speaker 4: about the prenup to see what do you do when
Speaker 4: there's holes in it? Do you go to the trust document?
Speaker 4: If it doesn't address it, what do you do? And
Speaker 4: then we're also waiting on any kind any kind of
Speaker 4: experience you may have had with a trading app.
Speaker 3: I'm Tom Martine. We have more coming right up.
Speaker 4: Go with a sure thing Denver's Best roofer Excel Roofing
Speaker 4: dot com. You don't pay a cent until you're content.
Speaker 4: Time for an insurance checkup free, no obligation. In comparison,
Speaker 4: call Compass Insurance paying too much your coverage at dozens
Speaker 4: of insurance companies find out now three O three seven
Speaker 4: to seven to one help. You'll think you're his only
Speaker 4: customer when you choose Frank durand the real estate Man
Speaker 4: dot com to list your home with Remax Alliance three
Speaker 4: three nine two zero sixteen twenty two. Hi, Tom Martino,
Speaker 4: your troubleshooter, and I do have some people that use
Speaker 4: some trading apps. We'll talk to and then we have
Speaker 4: Bill waiting for our estate planning attorney one of them to.
Speaker 3: Talk about the prenup.
Speaker 4: And let's talk to Bill on the comment on the
Speaker 4: stock market.
Speaker 3: Go ahead, Bill, what's going on?
Speaker 17: Hey, I haven't used no app. I think I called
Speaker 17: you before on this, but I watched the stock market
Speaker 17: shows on TV at like Cramer particularly. Yeah, and I
Speaker 17: took about one hundred it's been about ten years. I
Speaker 17: took one hundred thousand dollars and I got about seven
Speaker 17: hundred and fifty right now.
Speaker 3: And it took ten years.
Speaker 17: Yeah, pretty much.
Speaker 3: Wow. What did you do Bill? In general? Mostly buy
Speaker 3: and hold or did you do a lot of trading?
Speaker 9: Yeah?
Speaker 17: Took his recommendations and then like you know, I bought
Speaker 17: Apple when Apple was super dup a cheap, Yeah, Google
Speaker 17: when it was dirty, you know, all the big names
Speaker 17: when it was real cheap.
Speaker 3: And what do you do now? Bill?
Speaker 17: What do I do now? You wish you were doing nothing?
Speaker 3: No, I'm talking about with your money.
Speaker 17: It's just sitting there. Again, I'm just a tiny bit
Speaker 17: older than you, and I'm pretty sure i'll be seventy
Speaker 17: three next year.
Speaker 16: And you know, if you think about it, to dal
Speaker 16: Jones ten years ago was sitting around sixteen seventeen thousand, Tom,
Speaker 16: Now we're at forty thousand.
Speaker 4: If you if you didn't, if you did an indexed fund,
Speaker 4: you'd do pretty well just in an index fund.
Speaker 17: Well, I'm going to change to that. But see, you know,
Speaker 17: when Trump was in office, was going up, up, up,
Speaker 17: I'd even have more of Trump still was in office,
Speaker 17: and when Biden took over, it kind of dropped.
Speaker 3: Well, it really didn't drop with Biden.
Speaker 4: It dropped for because of cod and it, to be fair,
Speaker 4: the stock market's been doing you look at I'm not
Speaker 4: making a political statement here, but the stock market has
Speaker 4: been doing fabulously except for one year under.
Speaker 17: Biden, right right, I guess so.
Speaker 4: But but on the good year, it did have the
Speaker 4: really good year like twenty three were there are only
Speaker 4: two two rallies that.
Speaker 16: Remember they thought when Trump won, they thought it was
Speaker 16: going to tank, and it opened like eight nine hundred
Speaker 16: lower or even more.
Speaker 3: I forget, but it was ridiculous and within.
Speaker 16: I think that first trading day after the election, man,
Speaker 16: it skyrocketed, but everybody.
Speaker 3: Was like, oh, if he wins, it's going to tank.
Speaker 4: Yeah, and you know the I mean, we're resilient as
Speaker 4: far as a country goes, and and the stock market
Speaker 4: does somewhat follow politics, but not as much as we think.
Speaker 2: On with you?
Speaker 3: What's that?
Speaker 17: Am I still with you?
Speaker 2: Yes?
Speaker 3: You are.
Speaker 17: Do you know when do we have to start taking
Speaker 17: a mandatory withdrawal?
Speaker 3: Seventy two?
Speaker 17: It's a year turned seventy three, right.
Speaker 4: I thought it was yeah, okay, that would be after this,
Speaker 4: but after your seventy second birthday, I believe, Well.
Speaker 17: No, they changed it to seventy three. I think they
Speaker 17: just changed it recently.
Speaker 3: Okay, I didn't realize that. I know it was earlier.
Speaker 4: But in any case, you have to take a certain percentage,
Speaker 4: even though the percentage is already laid out, I don't
Speaker 4: know what it is either.
Speaker 17: Well, my money's in stocks, but is.
Speaker 4: It what You only have to take mandatory retirement if
Speaker 4: it's in a qualified fund where taxes have been deferred.
Speaker 3: That's the reason you have. What's that? Mine is?
Speaker 17: I'm at Vanguard. It's from when I worked it was.
Speaker 17: It was a four to one, and I rolled it
Speaker 17: over to an IRA so I could open a brokerage account.
Speaker 4: Okay, so your four oh one K or your tax
Speaker 4: deferred it has to be taken out at seventy three.
Speaker 4: But it's only for the part of it that's tax deferred, right,
Speaker 4: And and that's all of it. You have a retirement account.
Speaker 17: Right right, All of it is tax free.
Speaker 3: Right right, or tax deferred right.
Speaker 17: And so I just wonder because I know I have
Speaker 17: to start getting ready to do something.
Speaker 4: Yeah, yeah, but you know you don't have to take
Speaker 4: out more. But but do you live on Social Security?
Speaker 17: I get social Security and a pension. I'm retired from excel.
Speaker 4: Okay, and what did you do for excelo plants?
Speaker 3: Okay? All right? Bill? By the way, only one thing
Speaker 3: I disagree with you on.
Speaker 4: And you said, I asked you what you were doing,
Speaker 4: and you said what I wish I was doing nothing.
Speaker 3: I don't understand what. I will never want to stay
Speaker 3: at home now. No, I will never do not same way.
Speaker 17: I mean it's on bored because.
Speaker 4: I will never do nothing, never do nothing. In fact,
Speaker 4: I'm working on an entirely new career. I love, I
Speaker 4: love working and having fun. Now, obviously you know I
Speaker 4: don't want a toil. I mean, obviously people don't want
Speaker 4: to be stressed out the rest of their lives and
Speaker 4: all of that. They you know, they want to have
Speaker 4: more control, I would say, and that is what you enjoy.
Speaker 3: You have control.
Speaker 4: You can go to work if you want or not
Speaker 4: if you want, and that's a good thing to happen.
Speaker 17: Right, No, I don't want to work. See, my wife
Speaker 17: just retired, so we're ready to do with I told
Speaker 17: you before about them moment.
Speaker 3: Well, then you should be a deputy if you want.
Speaker 4: Meaning yeah, but I've got yeah, what what do you do?
Speaker 3: What do you What do you do all day? Tell
Speaker 3: me what you do?
Speaker 17: Nothing? But I got certain nothing?
Speaker 3: I know, No, it's impossible to do nothing. What do
Speaker 3: you do all day?
Speaker 17: Nothing?
Speaker 3: Well, where do you do you sit? Do you stand?
Speaker 3: You walk? What do you do?
Speaker 17: Sit outside and watch the neighbors and let them entertain me?
Speaker 8: Geez, fight fight with my wife?
Speaker 17: Didn't watch TV?
Speaker 3: What a great life? Yeah? Absolutely defines nothing.
Speaker 17: Right, It's well, COVID kind of screwed everything up. See
Speaker 17: what happened with me was I stopped working and I
Speaker 17: worked a lot of overtime. My kids grew up. Yeah,
Speaker 17: the way to college. Everything everything ended at once.
Speaker 3: I see what you're saying.
Speaker 17: Yeah, so and then and then see we thought, see
Speaker 17: my wife's family is his homestead, as all of them.
Speaker 17: And I'm the one that's called you up about out
Speaker 17: there by Raymond and stuff out there, and and we
Speaker 17: thought we were going to end up out there. Well
Speaker 17: the ants sold it.
Speaker 4: Well, listen, I have a very silly question. What gives
Speaker 4: meaning to your life?
Speaker 3: Billy? Well know I'm asking.
Speaker 17: That's just you might hear me, so I can't say
Speaker 17: too much. Well, you know, I like doing stuff. I
Speaker 17: got lots of hobbies. I like to shoot guns, not
Speaker 17: to kill people. I just like shooting them. Uh, you know,
Speaker 17: I don't know. I really wanted to travel, and then
Speaker 17: Cole was screwed everything up.
Speaker 4: Okay, okay, travel, Okay, that's cool. Well, thanks Bill for calling.
Speaker 4: Always appreciate you listening, man, And I, just like I said,
Speaker 4: every now and then, want to dig a little deeper.
Speaker 3: Than the normal call.
Speaker 4: Now we have another Bill on the line too, waiting
Speaker 4: for the prenup answer. Hey, Kachina, talk to me here.
Speaker 3: We estate planning.
Speaker 4: We don't have any of them available, Well, let's get
Speaker 4: one of them.
Speaker 3: Man, let's get one of us. Sorry, let's get one
Speaker 3: of them on.
Speaker 4: We got more right after this, go with a sure
Speaker 4: thing Denver's Best Roofer Excel Roofing dot com. You don't
Speaker 4: pay a cent until you're content. Time for an insurance
Speaker 4: check up free, no obligation. In comparison, call Compass Insurance
Speaker 4: paying too much your coverage at dozens of insurance companies
Speaker 4: find out now three out three seven to seven to one.
Speaker 3: Help.
Speaker 4: You'll think you're his only customer when you choose Frank
Speaker 4: durand the real estate Man dot com to list your
Speaker 4: home with Remax Alliance three all three nine two zero
Speaker 4: sixteen twenty two. Hi Tom Martino, your troubleshooter three oh
Speaker 4: three seven to one three dog three oh three seven one.
Speaker 3: Three eight two five five. Okay.
Speaker 4: We have Dan McKenzie from McKenzie Law, and he does
Speaker 4: a state state planning kind of you know, law for
Speaker 4: trusts and wills and all of that.
Speaker 3: And Dan, I got a question for you here.
Speaker 4: If a trust doesn't address a specific item, how do
Speaker 4: you handle it in general or specifically?
Speaker 3: What would you do? But here's here's the situation.
Speaker 4: There is a trust that Bill's wife is involved in,
Speaker 4: and it's for the siblings and for the relatives, and
Speaker 4: it's the the father's estate. When he died, he wanted
Speaker 4: his then current wife to live in his home for
Speaker 4: as long as she wants. And he has the home
Speaker 4: in a trust and she is to live there rent
Speaker 4: free for as long as she wants.
Speaker 3: Okay.
Speaker 4: Now, the next thing the trust did was set aside
Speaker 4: money in the trust to pay for maintenance and utilities. Bill,
Speaker 4: does it also pay for taxes and all of that?
Speaker 4: Does that come out of there? Or how our taxes paid?
Speaker 3: Bill?
Speaker 13: Taxes are paid out of that as well?
Speaker 3: Okay?
Speaker 4: So in other words, it's really to upkeep the house,
Speaker 4: the expenses of the home while she's living there. Correct,
Speaker 4: And it is a specific amount that will be exhausted
Speaker 4: by the end of next year. What happens, Dan, if
Speaker 4: there is no provision to re fund that money or
Speaker 4: to you know, to put more funds in there for
Speaker 4: the home.
Speaker 3: Does the trust, because the trust.
Speaker 4: Owns the house, it's I would imagine would still have
Speaker 4: to do it all anyway, right, I don't know, what
Speaker 4: do you think, Dan?
Speaker 18: Yeah, if it's not possible, that is kind of an
Speaker 18: ambiguity in the trust and sometimes those can be revealed
Speaker 18: over time like this one is. And in that situation,
Speaker 18: if the parties can come to some sort of agreement,
Speaker 18: there is a statute that allows you to do that.
Speaker 18: You could you could all meet and agree on something,
Speaker 18: which would be probably the best way to go. It's
Speaker 18: not always possible, obviously. If it's not possible, then the
Speaker 18: trustee might want to ask the court or guidance. You
Speaker 18: apply to the probate court, you petition and say, look,
Speaker 18: here's the situation. I need guidance on what to do.
Speaker 4: Here's hey, Dan, could you actually meet as a trust
Speaker 4: You got the trustee and you got like eleven beneficiaries. Okay,
Speaker 4: one of them is the trustee. Can they actually vote
Speaker 4: to a victor.
Speaker 18: Since she's a beneficiary not I would be real cautious
Speaker 18: about doing that. It's a trustee because you do have
Speaker 18: to have her interests in mine too. And usually this
Speaker 18: private agreement that I just mentioned usually involves all beneficiaries.
Speaker 18: You can't have part It's got to be kind of
Speaker 18: the challenge to.
Speaker 3: Get this many things.
Speaker 4: Well, she is a beneficiary by living there, She's not
Speaker 4: a beneficiary that'll split the money. But she is a beneficiary,
Speaker 4: so you can't just aser out. But could you agree
Speaker 4: to ask her to pay rent or at least the
Speaker 4: expenses or not.
Speaker 18: If she agrees to that, I mean she should see
Speaker 18: the situation and understand, like, hey, if we go to court,
Speaker 18: the court might say, look, this trust can't do this
Speaker 18: anymore and it's done, and then she doesn't have anything right,
Speaker 18: So it might be in her interest.
Speaker 4: The best thing is communication first bill. But Dan McKenzie
Speaker 4: is available at eight three three co Plans eight three
Speaker 4: three co plans.
Speaker 3: He is local.
Speaker 4: That's just a great number to remember, or coplans dot co.
Speaker 4: We have more coming up on the Troubleshooter Show. Get
Speaker 4: your calls in right now three oh three seven to
Speaker 4: one three talk and of course you can call three
Speaker 4: oh three Martino twenty four to seven. Go with a
Speaker 4: sure thing Denver's Best roofer Excel Roofing dot com. You
Speaker 4: don't pay a cent until you're contenth Please time for
Speaker 4: an insurance check up free, no obligation comparison call Compass
Speaker 4: Insurance paying too much your coverage at dozens of insurance
Speaker 4: companies find out now three oh three seven to seven
Speaker 4: to one help. You'll think you're his only customer when
Speaker 4: you choose Frank durand the real estate man dot com
Speaker 4: to list your home with Remax Alliance three oh three
Speaker 4: nine two zero sixteen twenty two.
Speaker 1: Ripped of.
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Speaker 15: Come Dix is the Troubleshooter Show. Now, Tom Martino, Hi.
Speaker 4: Tom Martino, you're troubleshooter. Three oh three seven one three
Speaker 4: talk seven one three eight two five five. What's in
Speaker 4: your problem sack? What do you need solved? What pisses
Speaker 4: you off? Give us a call and we'll try to
Speaker 4: help you. Three oh three seven one three talk three
Speaker 4: all three seven one three a two five five.
Speaker 3: I've been asking for trading apps.
Speaker 4: Boy, I got a lot of suggestions, like a lot
Speaker 4: of suggestions, and really the ones that keep coming up.
Speaker 4: Something on Robinhood. They have a lot of tools. Now
Speaker 4: most of them do not actually select the socks, but
Speaker 4: give you suggestions and recommendations. Td Ameritrade, they said, has
Speaker 4: one e trade fidelity. We bowl provides free trading with
Speaker 4: advanced charting tools. See these are platforms again, but there
Speaker 4: is a robo advisory self directed trading tool called m
Speaker 4: one Finance morning Star. While not a trading app exams,
Speaker 4: it has extensive research and analyzes tools. And then you
Speaker 4: have trade Station, which offers a lot of tools.
Speaker 3: Now here's the deal.
Speaker 4: Okay, everyone in the world thinks of the greatest trading
Speaker 4: trader in the world. And look, if you just did
Speaker 4: nothing but bought and hold, you'd probably do pretty good over.
Speaker 3: The long run.
Speaker 4: It's when you take the risk versus time that really
Speaker 4: gets into the problem. If you don't have a long
Speaker 4: time horizon, the shorter time horizon, then the harder it is.
Speaker 3: But what I really hate.
Speaker 4: Is when people think they have the magic sauce and
Speaker 4: think this is it, this is it, because nothing works
Speaker 4: all the time.
Speaker 3: It just doesn't.
Speaker 4: Even fundamentals don't work all the time because stocks don't
Speaker 4: always trade on fundamentals. I mean, it truly is a
Speaker 4: very difficult thing.
Speaker 3: I mean, it really is. It really really is.
Speaker 4: Sometimes you're lucky, by the way, and sometimes you pick
Speaker 4: some good stuff based on fundamentals. On other times it's
Speaker 4: not fundamentals, but it's based on cyclical things like you know,
Speaker 4: like the defense stocks, and I don't mean national defense,
Speaker 4: but stocks that tend to always maintain during a decline
Speaker 4: in the economy. You have, of course food and even
Speaker 4: tobacco and drugs and pharmaceuticals and stuff. They tend to
Speaker 4: be insulated a bit. And then you have those that
Speaker 4: step up during recovery, building supplies, things like that.
Speaker 3: You know.
Speaker 4: So people try to get ahead of it, they try
Speaker 4: to look at indicators and accordingly, but the real issue
Speaker 4: is not how you is, not where and how you trade,
Speaker 4: but who you trust, because truly the industry is riddled
Speaker 4: with people who don't do anything, and they basically just
Speaker 4: I don't know if lies a good word, but the
Speaker 4: industry takes people's money and they purport to invest it,
Speaker 4: but they really don't invest your money. They place your
Speaker 4: money with bigger broker dealers who invest your money and
Speaker 4: then they try to take credit for it on the
Speaker 4: upswing and on the downswing they say, well, you.
Speaker 3: Know, that's the market. And they really don't do much.
Speaker 4: They're like a middleman there that just collects a fee
Speaker 4: and then pays part of that fee to somebody up
Speaker 4: above them to try to do the job for them.
Speaker 3: Okay, we had a text after.
Speaker 4: We had some estate questions in the one woman who
Speaker 4: had a life estate.
Speaker 3: By the way, a life estate.
Speaker 4: In general normally means you have a life of state
Speaker 4: to something.
Speaker 3: Normally it's used when it comes to housing.
Speaker 4: So this man had a home before he met the
Speaker 4: woman married her, probably a second or third wife, but
Speaker 4: he wanted her to live in the house for the
Speaker 4: rest of her life and then after that leave it
Speaker 4: to let the trust dissolve it.
Speaker 3: So that's a life of state.
Speaker 4: It doesn't necessarily have to be called that, but that's
Speaker 4: basically what it is.
Speaker 3: Someone wanted to know in this text.
Speaker 4: Can I totally if it's my money and clearly my money,
Speaker 4: can I disinheit a spouse?
Speaker 3: Can I just leave most of my stuff to someone else?
Speaker 4: I mean, it's my money and there was no divorce,
Speaker 4: So can I just do what I want with my money?
Speaker 4: The money I had before marriage. Let's say all of
Speaker 4: the money came before marriage. You marry your second wife
Speaker 4: or even your first whatever, all your money came before
Speaker 4: you met your wife. Let's say, can you disinherit them?
Speaker 3: The answer is no.
Speaker 4: In Colorado, you must leave five percent to them per
Speaker 4: year of marriage, even if you're separated. So it's five
Speaker 4: percent per year of marriage to a maximum of fifty percent.
Speaker 4: You absolutely must leave to your spouse. The only way
Speaker 4: to get around that is with a prenup. So to
Speaker 4: answer that question question, you can disinherit with a prenup.
Speaker 4: Without a prenup, you must leave at least five percent.
Speaker 4: So what does it mean then if you married and
Speaker 4: you were with someone for twenty years and divorced, the
Speaker 4: divorce settlement ends all claims to the estate, Well if
Speaker 4: it does, which most of them do, which means you
Speaker 4: have no further claim to the estate for a husband
Speaker 4: or wife because the divorce settlement is supposed to take
Speaker 4: care of that. But any new spouse after a divorce
Speaker 4: would then start counting year, one, year, two, et cetera,
Speaker 4: et cetera, and it would be five percent per year
Speaker 4: in Colorado up to fifty percent.
Speaker 3: So that's the answer to that question.
Speaker 4: And we always seem to have lingering questions when we
Speaker 4: have Dan mackenzie on as far as a trust, can
Speaker 4: you simply dissolve it and not do what the trust wants?
Speaker 4: Technically you can in certain circumstances. For example, if all
Speaker 4: beneficiaries agree, then you can forego the trust.
Speaker 3: If all beneficiaries and the trustee agree, they can make.
Speaker 4: A plea to the court to dissolve the trust because
Speaker 4: none of them is being screwed out of anything. So
Speaker 4: in that case, you don't have you don't have to
Speaker 4: go by the terms of the trust. And a trust,
Speaker 4: of course, is something that basically survives death. That's why
Speaker 4: people have trusts. So if you have a trust that
Speaker 4: owns things, for example, that trust still owns those things
Speaker 4: through your death, and then it's up to the trustee
Speaker 4: to handle the affairs of those items based on the
Speaker 4: instructions in the true trust. And again that's for the
Speaker 4: trustee and for the trust. If you're a beneficiary, they
Speaker 4: can't issue out of it without your approval. Now, some
Speaker 4: people do a poor man's trust and it actually works
Speaker 4: pretty well. And again I would do nothing like this
Speaker 4: without any without certain input from your attorneys, but I
Speaker 4: call it a poor man's trust. You can literally own
Speaker 4: things within LLLC. Now, the LLC can be owned part
Speaker 4: by you and others, and then the LLC will survive
Speaker 4: a death even if you're part of that LLC, and
Speaker 4: then your share can go to whoever you designate it to,
Speaker 4: and then they become an owner of the LLC, but
Speaker 4: the LLC could own property, and that property would still
Speaker 4: be owned by the LLC to be dealt with. Like
Speaker 4: the LLC document instructs, it's a partnership agreement though for
Speaker 4: of a better word, a limited liability company. So a
Speaker 4: limited liability company can kind of serve as a poor
Speaker 4: man's trust and do essentially some of the same things. Now,
Speaker 4: there are reasons you would want a trust and not
Speaker 4: an LLC, but again that's not for me to talk
Speaker 4: to you about. That's for an attorney like you know
Speaker 4: McKenzie Law Dan McKenzie or Keel and Park. We have
Speaker 4: good people on a referral list that can help you
Speaker 4: with that. But that's really some of the things you
Speaker 4: should consider.
Speaker 3: Now. I want to I want to talk.
Speaker 4: About some stuff here that is really important, okay, and
Speaker 4: that is when it comes to credit cards. You will
Speaker 4: not believe what they're using now to help evaluate customers
Speaker 4: for renewals and for interest rate changes. I'm going to
Speaker 4: go over that coming up. They actually look at something
Speaker 4: you're you're gonna find a little shocking, but it's being done.
Speaker 4: Three oh three seven one three eight two five five.
Speaker 3: Compass insurance group.
Speaker 4: By the way, we'll do your insurance comparisons to make
Speaker 4: sure you're not paying too much and that you're not
Speaker 4: under insured or over inshort three oh three nine nine
Speaker 4: six nine thousand, Go with a sure thing Denver's best
Speaker 4: roofer Excel Roofing dot com.
Speaker 3: You don't pay a cent until you're content.
Speaker 4: Time for an insurance check up free no obligation comparison
Speaker 4: call Compass Insurance Paying too much your coverage at dozens
Speaker 4: of insurance companies find out now three oh three seven
Speaker 4: seven to one help. You'll think you're his only customer
Speaker 4: when you choose Frank durand the real estate Man dot
Speaker 4: com to list your home with Remax Alliance three oh
Speaker 4: three nine two zero sixteen twenty two. Hi Tom Martino,
Speaker 4: your troubleshooter three oh three seven one three talks seven
Speaker 4: one three eight two five five. If you have a problem,
Speaker 4: call us no matter how early you are in the stages.
Speaker 4: You can also text me, and I've gone a few
Speaker 4: texts here and you can text my private Google number
Speaker 4: or this station number first of all, the iHeart number
Speaker 4: that people text and you put my.
Speaker 3: Name in the subject line, it'll get to me.
Speaker 4: Or somewhere in the text it's five seven seven three
Speaker 4: nine short code five seven seven three nine my Google
Speaker 4: number seven four.
Speaker 3: Seven nine nine nine fifty two eighty.
Speaker 6: Hey Tom, can I give a shout out?
Speaker 3: Go ahead, sir.
Speaker 19: I went to this Italian restaurant. It's called it reminded
Speaker 19: me because of a kachina over here.
Speaker 6: But the name of it is.
Speaker 19: Calorie, just plant Calorie, and it's on a Yale and Broadway.
Speaker 19: The food was fantastic, reasonably priced, good service, and so
Speaker 19: glad I've found it.
Speaker 6: Now if I want a good Italian meal.
Speaker 3: Very good, very good.
Speaker 4: There are quite a few really good Italian restaurants. Man,
Speaker 4: that's a very popular food. I think Italian and Mexican
Speaker 4: are right up there in the two most popular restaurants
Speaker 4: in the Denver metro area. Okay, So I want to
Speaker 4: talk about credit cards. So credit cards now, credit card company,
Speaker 4: and I say, now, it's been a few years, but
Speaker 4: they're really starting to use spending habits based on what
Speaker 4: you charge to alter your rate. So sometimes you get
Speaker 4: an increase in rate or an increase in credit. Sometimes,
Speaker 4: very rarely you'd get a decrease in credit line. And
Speaker 4: you sometimes can get a decrease though in your rate
Speaker 4: or transfer balances or whatever.
Speaker 3: Part of the risk algorithm the risk factor, and it's
Speaker 3: not just so much risk. But in some cases, how
Speaker 3: do I put this, it's a way to social engineer.
Speaker 3: That's the only way I can say.
Speaker 4: So they look at purchasers and what they're buying. For example,
Speaker 4: you may be a higher risk client for no other reason.
Speaker 3: Than what you buy or what you pay for.
Speaker 4: And I'll go over those specifics, but I'll give you
Speaker 4: an example.
Speaker 3: Let's say you buy.
Speaker 4: Things that are politically incorrect, or you buy things that
Speaker 4: are considered risky behavior.
Speaker 3: What would that be a lot of sex toys. I'm
Speaker 3: not kidding you. They don't tell you this.
Speaker 4: They just have an algorithm that scores you based on
Speaker 4: what you buy. They have even gone so far as
Speaker 4: people who buy motorcycle parts and black t shirts and
Speaker 4: motorcycle gear to consider them a higher risk because of
Speaker 4: maybe a risky hobby, or people who do.
Speaker 3: Exotic sports.
Speaker 4: They also look at things that could spell bad behavior.
Speaker 3: Things you might buy.
Speaker 4: I don't know if they mean whips and chains, but
Speaker 4: basically they have various algorithms. They will never tell you,
Speaker 4: but credit insiders are saying that they will look at
Speaker 4: what you are buying and the amount you are buying
Speaker 4: in order to rate you. How about supplements or maybe
Speaker 4: crazy health things.
Speaker 3: Your credit card not only shows.
Speaker 4: What what you paid, but what you're purchasing. So no,
Speaker 4: that's another way that they can spine you, and there's
Speaker 4: nothing you can do.
Speaker 3: Nothing. Now they're even selling data.
Speaker 4: Now they can't sell what you bought exactly, but they
Speaker 4: can score you and share what they believe from their
Speaker 4: algorithm you present as a risk to other companies. There
Speaker 4: are people who are even saying that car insurance companies
Speaker 4: are buying some of this data to see what you purchase,
Speaker 4: to see what kind of a person you are. I
Speaker 4: don't know how far they go, folks, I don't know.
Speaker 4: This insider said they go farther than you might think.
Speaker 4: So what if you buy a lot of political stuff
Speaker 4: for one party or another? Does that matter? It's amazing
Speaker 4: what technology has done to our world. So if you
Speaker 4: really want to be invisible, you're gonna have to start
Speaker 4: doing cash, and you're gonna have to start doing a
Speaker 4: lot of things. There are actually companies now, oddly enough,
Speaker 4: they're online telling you how to erase yourself from technology.
Speaker 4: Do you think that might be a popular thing, learning
Speaker 4: how to erase yourself?
Speaker 3: Think about this.
Speaker 4: If you have a kid, you can teach them from
Speaker 4: an early age how to erase themselves if they never start.
Speaker 3: Would that be cool or would that be harmful?
Speaker 4: Do you think let's go to Chris By They I
Speaker 4: mean john Pamela, Pamela, you have a question on moving companies.
Speaker 3: Go ahead, pam what's happening?
Speaker 14: Yes, I live in Windsor Gardens here in Denver. I'm
Speaker 14: going to be moving from one building to the next.
Speaker 14: It's literally next door. And I looked on your referral
Speaker 14: list and I didn't see any moving companies, and I
Speaker 14: just kind of wanted to know, you know some dudes
Speaker 14: and don't and see, Okay.
Speaker 4: Well, first of all, get a real moving company. First
Speaker 4: of all, get a real moving company. But we do
Speaker 4: have moving on our referral lists.
Speaker 3: Nope, we do not what Nope, we do not. What
Speaker 3: happened Mark, Well.
Speaker 16: I don't want to get into it now, but we
Speaker 16: just don't have one. But I do like Johnson Storage
Speaker 16: and Moving for sure.
Speaker 3: They've been around for usk is move Masters.
Speaker 6: We have used them so many times and friends and family.
Speaker 3: They had DOC like semi, im just okay, we can give.
Speaker 4: You personal experience, then that's good, you know, Mark.
Speaker 3: Is it safe to say?
Speaker 4: Is it safe to say for everyone listening except for Johnson?
Speaker 4: I swear to god they've been around one hundred and
Speaker 4: twenty five years. But is it safe to say that
Speaker 4: we can't depend on movers to stay the way they are?
Speaker 4: I mean, I would that be a good statement or not.
Speaker 3: That would be okay? Or is it some that just
Speaker 3: decided not to be on the referral list anymore? I mean, really,
Speaker 3: what do you know?
Speaker 16: It was promise after promise. Okay, I definitely wanted to
Speaker 16: be on the referral list, but it gets to a
Speaker 16: point where it's six months down the road.
Speaker 4: I've had it, Okay, So people, if we have problems,
Speaker 4: Mark really looks into these problems. Okay, just let me
Speaker 4: tell you that. And we don't take it lightly. So
Speaker 4: I guess there's a reason right now we don't have them.
Speaker 4: But what's the name of that one? Docs?
Speaker 3: And then Johnson.
Speaker 4: You'll never go wrong with Johnson never Now, they've been
Speaker 4: on my referral list. They were on my referral list
Speaker 4: for years and truly, I don't even know why they're
Speaker 4: not on anymore, you know, I mean, frankly, they probably
Speaker 4: don't need it. I mean, without sounding crazy, I mean,
Speaker 4: that's probably it. They they've just been around for so
Speaker 4: long they do a small job like that. Tom, Yes,
Speaker 4: they will.
Speaker 3: Yeah.
Speaker 4: And there used to be a family, the Grabel family.
Speaker 4: Now they sold out, but god was that a good
Speaker 4: company too. They were on the referraless years ago. And anyway,
Speaker 4: I don't want to get I don't want to get
Speaker 4: too specific on ones that used to be on there,
Speaker 4: because there are some that used to be on there
Speaker 4: that we will not recommend. But Pamela, here's the most
Speaker 4: important thing. Guaranteed not to exceed contract.
Speaker 3: Did you hear me? Okay, that's all.
Speaker 4: That's all you need, guaranteed not to exceed and not
Speaker 4: an estimate, but a contract.
Speaker 3: And uh okay, it's the best way to do it.
Speaker 4: And then if you buy insurance, you buy insurance directly
Speaker 4: and verify you have it. Three oh three seven one
Speaker 4: three eight two five five. Chris, you have a question
Speaker 4: on closing an IRA. Go ahead, Chris, what's going on?
Speaker 9: Hey? Tom online seventy two years old, and I have
Speaker 9: a traditional IRA that only has twenty eight thousand dollars
Speaker 9: in it. But I need the money, okay. So I can't,
Speaker 9: for the life of me figure out how much tax
Speaker 9: is going to be taken out as any or how
Speaker 9: to do this?
Speaker 4: Okay, okay, hold on, who do you have it with
Speaker 4: right now?
Speaker 9: Pro price?
Speaker 3: Okay? And is it earning money where you don't you
Speaker 3: don't want to catch or do you want to cash
Speaker 3: it all out?
Speaker 9: I want to cash it all out. In twenty years,
Speaker 9: I've made eighteen thousand dollars.
Speaker 4: Yeah, that's terrible. Okay, so listen. So with tax deferral,
Speaker 4: that's really terrible. But then on the other hand, you're
Speaker 4: not going to have a lot of tax to pay.
Speaker 4: Oh wait wait no, this is an IRA, so you're
Speaker 4: you're gonna have to pay on everything because now what
Speaker 4: what you will do is just pay on how much
Speaker 4: you take out. It's it's going to be that simple,
Speaker 4: and it's going to be based on ordinary income.
Speaker 3: Unfortunately it's not capital gains.
Speaker 4: But you have to be in a low class right now,
Speaker 4: as far as income, what is your income?
Speaker 9: I only have self security twenty three hundred dollars a month.
Speaker 13: I'm trying to live.
Speaker 4: On okay with the mortgage okay, but okay, you're gonna
Speaker 4: pay you know you're gonna pay about twenty percent.
Speaker 3: Well, here's what you do. It's very easy.
Speaker 4: Just withdraw it, close it, no matter what you're gonna
Speaker 4: pay the tax on it. You'll get a ten ninety
Speaker 4: nine and then you'll pay tax accordingly when you fill
Speaker 4: it out. Or do you need to know how much
Speaker 4: of it you can spend? Some of them will only
Speaker 4: send you a certain amount and withhold tax anyway, But are.
Speaker 9: You I'm suspecting that they're going to ask me if
Speaker 9: I want and withhold tax at the get go?
Speaker 3: Will okay, I'll tell you what. Let me get hold on.
Speaker 4: I want to get someone on for you, Hey, Kachina,
Speaker 4: Let's try to get Eric on from Atlas CPA, or
Speaker 4: we'll get Mallory, one of our accountants on to give
Speaker 4: her some general guidelines. You hang on and we'll we'll
Speaker 4: do that for you. Chris, right, yeah, hang on three
Speaker 4: three seven, one, three eight two five five. Keith has
Speaker 4: an issue with a neighbor and we're going to get
Speaker 4: to you. And also Frank wants to talk about eye doctors.
Speaker 4: Now that's easy for me, I mean, because there aren't
Speaker 4: that many around them.
Speaker 3: I would recommend pro bid energy for your solar needs.
Speaker 4: Probid energy dot com, including commercial systems with grants or
Speaker 4: residential probid Energy dot com. Go with a sure thing
Speaker 4: Denver's best roofer Excel Roofing dot com.
Speaker 3: You don't pay a cent until you're content.
Speaker 4: Time for an insurance check up free no obligation comparison
Speaker 4: call Compass Insurance paying too much your coverage at dozens
Speaker 4: of insurance companies find out now three oh three seven
Speaker 4: seven to one.
Speaker 3: Help.
Speaker 4: You'll think you're his only customer when you choose Frank
Speaker 4: durand the real estate Man dot com to list your
Speaker 4: home with Remax Alliance three oh three nine two zero
Speaker 4: sixteen twenty two. Hi Tom Martino, your troubleshooter three O
Speaker 4: three seven one three talks seven one three eight two
Speaker 4: five five. So this question is really one of math.
Speaker 4: But I have Eric Reinemran from atlascpa's Atlasfirms dot com,
Speaker 4: Atlas CPAs and Financial Advisors for a reason to talk
Speaker 4: about the payment. Chris is seventy two and I believe
Speaker 4: you said you have seventy two grand in an IRA
Speaker 4: and you want to you want to cash it out.
Speaker 4: Your other income basically amounts to twenty three one hundred
Speaker 4: bucks a month, which is roughly.
Speaker 3: Roughly twenty seven to six a year.
Speaker 4: And the way I understand that, mathematically speaking, Eric, eighty
Speaker 4: five percent of that is taxable. And along with her,
Speaker 4: to make a long story short, along with her seventy
Speaker 4: two thousand dollars IRA, she'll have income that year, you know,
Speaker 4: of approximately ninety five grand, and going by the tax brackets,
Speaker 4: her tax might be math speaking, only sixteen three. And
Speaker 4: that's what I'm seeing here, so that would give you
Speaker 4: a net of about fifty five to seven. But having
Speaker 4: said all of that, Eric can correct me if I'm
Speaker 4: wrong on that really quick math. But having said all
Speaker 4: of that, when does she pay that?
Speaker 20: That would get paid when she filed twenty twenty four
Speaker 20: taxatur and come April.
Speaker 4: So if she draws it out now, then she has
Speaker 4: to pay that tax before April fifteenth.
Speaker 1: That's right.
Speaker 20: And also it might be wise to consider if it
Speaker 20: could somehow be drawn out not allt a once, but
Speaker 20: like push something into January twenty four, just to avoid
Speaker 20: higher brackets.
Speaker 4: So in other words, she can choose to cash half
Speaker 4: of it, now and half of it later.
Speaker 20: Or over five years. It's really a cash flow consideration
Speaker 20: on how big the need is. But why bundle a
Speaker 20: bunch of taxle income into one year if you've got
Speaker 20: lower other income. I would spread it out as much
Speaker 20: as you can.
Speaker 4: Chris, what about that? You really what do you need
Speaker 4: the money for.
Speaker 9: House repairs and stuff? It's twenty eight thousand. I'm seventy
Speaker 9: two years old. It's twenty eight thousand dollars. It's just
Speaker 9: been sitting out there forever not doing it.
Speaker 4: Oh, I'm sorry, it's not seventy two thousand. Correct, I'm
Speaker 4: so sorry.
Speaker 3: Okay.
Speaker 9: The only income I have is my Social Security.
Speaker 4: Okay, I'm sorry. I want to redo that math. But okay,
Speaker 4: I don't know why. I guess I got the seventy
Speaker 4: two mixed up because how old you are? So Okay,
Speaker 4: So here's the bottom line. It's still the same, I
Speaker 4: mean not the same. You're gonna pay way less than taxes,
Speaker 4: but you're still gonna pay taxes.
Speaker 3: So you're gonna have a total.
Speaker 4: Income of about fifty grand or so, you're going to
Speaker 4: pay about sixty six hundred taxes basically, So you know,
Speaker 4: take twenty eight grand. You're gonna have a twenty one
Speaker 4: thousand or something like that.
Speaker 3: Is that going to be enough?
Speaker 9: I don't understand the why pay now and then pay
Speaker 9: the next here?
Speaker 3: What difference?
Speaker 4: Well, what he meant was this, you're in a bracket.
Speaker 4: Go ahead, Eric, explain it.
Speaker 7: Yeah.
Speaker 20: So Chris, this income, it just gets added to your
Speaker 20: other Social Security income and you don't have to pay
Speaker 20: You don't have to pay ultimately until you file your
Speaker 20: tax return in March or April. That's when you pay
Speaker 20: the taxes when you file your twenty four top turn
Speaker 20: this right, you could? But also I'm just saying, Chris,
Speaker 20: if you could somehow not need all of that right now,
Speaker 20: you pay less tax. If you could divide it up
Speaker 20: and maybe do half now and half in January to
Speaker 20: push it out, to not be pushing at your income
Speaker 20: into a higher bracket.
Speaker 21: Oh oh I see, Okay, Yeah, because you're so close
Speaker 21: to the end of the year, if you take fourteen
Speaker 21: grand now and fourteen grand in next year here, yeah.
Speaker 4: Your total tax may be less than the sixty six I.
Speaker 9: Could do that. Yeah.
Speaker 20: And the thing is, Chris that if Chris, if you
Speaker 20: have that little other income is Social Security, you probably
Speaker 20: are you file a single just yourself tax per ten
Speaker 20: So the first thirteen thousand or so of your income
Speaker 20: is tax free anyway, So you might even owe less
Speaker 20: taxes because your first thirteen thousand is only well, it's
Speaker 20: tax free, and you at that level of income, you
Speaker 20: might not even pay eighty five percent on Social Security
Speaker 20: because the less you're twenty five to thirty, you might
Speaker 20: only pay fifty percent. You know, it's a sliding scale thing.
Speaker 3: You're right, okay, so you know.
Speaker 4: What if you spread it over, He's right that eighty
Speaker 4: five percent of tax on a Social Security is only
Speaker 4: if you go over a certain threshold. Otherwise you don't
Speaker 4: pay that eighty five and you don't count eighty five
Speaker 4: percent tax is.
Speaker 9: Taken out of my self security every month.
Speaker 3: Yeah, but that that's not what we're talking about.
Speaker 4: We're okay, I understand what you're saying, but it's still
Speaker 4: figured into your total taxes what we're saying. Okay, that,
Speaker 4: but however, I believe I believe that you would be
Speaker 4: better off doing it over two years. What they're saying
Speaker 4: is it's not that much more. But they're saying your
Speaker 4: tax each year would be about you're going to look
Speaker 4: at a total savings of about six hundred dollars. From
Speaker 4: what I'm seeing here, I did some really quick.
Speaker 3: Man. Again, you might want.
Speaker 9: To do the number fourteen now and the other fourteen
Speaker 9: sometime next year.
Speaker 3: Well you do it.
Speaker 4: You can do it right after the first and get
Speaker 4: so you effectively have your twenty eight grand, and then
Speaker 4: before the fifteenth you pay your your your one bill
Speaker 4: right of three thousand something, and then before April fifteenth
Speaker 4: of the following year, you pay the other three grand. Okay,
Speaker 4: so you're basically gonna save about four to five hundred
Speaker 4: bucks doing it over two years.
Speaker 5: O take it all right?
Speaker 3: So thank you.
Speaker 4: Eric Reinemer and Eric Is with Atlas CPAs and Financial Advisors.
Speaker 3: Three oh three seven nine nine nine one one one.
Speaker 4: Let's talk to uh Frank about his uh he needs
Speaker 4: an eye doctor or an ear doctor.
Speaker 3: I'm sorry, an ear doctor. What's going on?
Speaker 4: And is it an ear doctor or are you talking
Speaker 4: about hearing aids and audiologist?
Speaker 3: Frank?
Speaker 7: No, I need an ear doctor. My ears are ringing and.
Speaker 3: It's driving me nuts. Okay, how long have they been ringing? Frank?
Speaker 7: That's a great question.
Speaker 3: No, seriously, how long have you been suffering?
Speaker 7: From it, I would say they've been my ears have
Speaker 7: been ringing about a week. Oh, a big problem is
Speaker 7: I'm not sleep Wait.
Speaker 3: A minute, it just suddenly came on.
Speaker 4: Yes, did anything else happen during that week at all?
Speaker 4: Any noises or any infections, any sinuses, anything you can
Speaker 4: think of.
Speaker 7: I'm the most healthy ninety four year old person.
Speaker 4: Oh my god in heaven, you're the healthiest ninety four
Speaker 4: year old.
Speaker 3: You're giving me inspiration. But let me ask you this.
Speaker 4: So you basically woke up with it or went Just
Speaker 4: tell me how it came on.
Speaker 7: The thing is that you go to sleep, but the
Speaker 7: whatever time when you wake up at whatever time, right,
Speaker 7: and suddenly I realized, Hey, I am not sleeping all
Speaker 7: damn night. Well it's been going on for a week
Speaker 7: where I have not swept well. Last night, for example,
Speaker 7: I did not sleep all night. The ringing in my
Speaker 7: ears will now.
Speaker 3: But what came first? The not sleeping or the ringing?
Speaker 5: The ringing?
Speaker 4: Okay, because you know, you know it's called tenetus, right, Yeah.
Speaker 7: I've heard the war tennisis I don't.
Speaker 4: And really okay, the sudden onset. Sudden onset could be anything.
Speaker 4: I mean, it could be high blood pressure. It could
Speaker 4: be a build up of earwa wax or anything. So
Speaker 4: you're right. What you need is what's called an E
Speaker 4: N T.
Speaker 7: Yes, whatever that is, E M E N.
Speaker 3: T ear Nose and throat doc.
Speaker 4: Where does he find a good What are you on
Speaker 4: any particular plan?
Speaker 2: Well? I have.
Speaker 7: Medicare, of course, but are you.
Speaker 4: On but do you go to any particular primary care?
Speaker 7: I don't even know what that means. I'm so damn
Speaker 7: healthy that I don't see I think very little doctors.
Speaker 3: Okay, so you don't have.
Speaker 4: All right, Okay, I can tell you that you just
Speaker 4: need to look up. I mean, I look at I've
Speaker 4: used in the ant that I love. I don't even
Speaker 4: know if he's still practicing. But here's the point is
Speaker 4: that you need to find and that's what you need.
Speaker 3: And if you if you don't have, if you had.
Speaker 4: A primary care, they would recommend one to you immediately. Okay,
Speaker 4: So that's what I'm getting at. So you don't you
Speaker 4: can't think of you like the last time you went.
Speaker 4: You're supposed to designate a primary care physician for your plan.
Speaker 3: Do you have one?
Speaker 7: Don't know what that means?
Speaker 3: Okay, hold on, we'll get your recommendation. Just hang on,
Speaker 3: we got more coming right out.
Speaker 4: Go with a sure thing Denver's Best roofer Excel Roofing
Speaker 4: dot com. You don't pay a cent until you're content.
Speaker 4: Time for an insurance check up. No obligation in comparison,
Speaker 4: call Compass Insurance paying too much your coverage at dozens
Speaker 4: of insurance companies find out now three all three seven
Speaker 4: to seven to one help. You'll think you're his only
Speaker 4: customer when you choose Frank durand the real estate Man
Speaker 4: dot com to list your home with Remax Alliance three.
Speaker 3: All three nine two zero sixteen twenty two.
Speaker 4: Hey Tom Martino, your troubleshooter three A three seven one
Speaker 4: three talks seven one three eight two five five. Okay,
Speaker 4: hey Frank, listen man. All I can give you is
Speaker 4: someone I dealt with when I first had the onset
Speaker 4: of tentatus.
Speaker 3: Okay.
Speaker 4: Mine came from an infection. I was never able to
Speaker 4: get fully rid of the tenetus. I've treated it successfully
Speaker 4: and it can you can get a lot of help, Okay,
Speaker 4: but I started with an ent Now. I can't tell
Speaker 4: you these people are even the doctor I dealt with
Speaker 4: or anything is still there. But there's there. It's a
Speaker 4: great clinic. It's called Colorado e NT Specialists.
Speaker 3: Okay, are you there.
Speaker 5: Sir, Yes, sir, I'm here.
Speaker 4: The number is the numbers three oh three seven five.
Speaker 3: Zero eighty six hundred start there.
Speaker 4: Eighty six no seven five zero eight six zero eight
Speaker 4: six zero zero.
Speaker 3: Can you Kelly?
Speaker 4: Can you make sure he gets that seven fifty eighty
Speaker 4: six hundred.
Speaker 3: We have more coming right up.
Speaker 4: Go with a sure thing Denvers Best Roofer Excel Roofing
Speaker 4: dot com.
Speaker 3: You don't pay a cent until you're contenth.
Speaker 4: Time for an insurance check up free, no obligation comparison
Speaker 4: call Compass Insurance paying too much your coverage at dozens
Speaker 4: of insurance companies find out now three oh three seven
Speaker 4: seven one help. You'll think you're his only customer when
Speaker 4: you choose Frank durand the real estate Man dot com
Speaker 4: to listen your home with Remax Alliance three oh three
Speaker 4: nine two zero sixteen twenty two.
Speaker 3: Yeah, ripped up.
Speaker 2: News.
Speaker 1: You need advice?
Speaker 2: Who you don't have? Come running just as fast as
Speaker 2: we can.
Speaker 1: Shooter's gonna help.
Speaker 2: Come.
Speaker 15: Man Dix is the Troubleshooter Show.
Speaker 4: Now Tom Martino, Hi, Tom Martino Here Welcome to the show.
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Speaker 4: We love solving problems. We love making your life a
Speaker 4: little easier. Have you heard about the Supreme Court, by
Speaker 4: the way, the proposed changes for the Supreme Court.
Speaker 3: Would love to know what you think of that.
Speaker 4: This is not a commentary on Biden, but there is
Speaker 4: a lot of frustration in general, and I was wondering,
Speaker 4: and usually that happens if they don't decide the way
Speaker 4: you like, it's a bad court.
Speaker 3: If they decide the way you like. It's a good court.
Speaker 4: But Biden has a pledge to really change the Supreme
Speaker 4: Court with legislation.
Speaker 3: I don't know actually the power.
Speaker 4: They have to do that, but I thought that was
Speaker 4: set by the Constitution. However, he wants to set term
Speaker 4: limits for justices, a binding code of conduct, and then
Speaker 4: of course he wants to amend that presidential immunity. He
Speaker 4: believes presidential immunity while acting as president should not be
Speaker 4: a strict immunity because you know, presidents could be crooked hint, hint,
Speaker 4: and therefore they shouldn't be immune from their official acts. Again,
Speaker 4: they didn't really define official acts. But Biden has said before,
Speaker 4: and Harris has said that they fear Trump will.
Speaker 3: Assassinate his enemies. And I've actually had.
Speaker 4: Emails from morons not more on, sorry YouTubers, not YouTube
Speaker 4: more on. So I from from people who told me, Tom,
Speaker 4: when you say that it's ridiculous, these claims that democracy
Speaker 4: will be done away with and that Trump will become
Speaker 4: a dictator, it is not ridiculous and it actually will happen.
Speaker 4: So just to let you know, there are people who
Speaker 4: truly believe that you need to take away this presidential
Speaker 4: immunity because Trump will become a dictator and assassinate his opposition.
Speaker 4: But I want to know, and I really mean as
Speaker 4: far as the Supreme Court. Forget about Trump and all that.
Speaker 4: Let's talk about this. Do you believe there should be.
Speaker 3: Term limits on the Supreme Court? Seriously? That's a good question,
Speaker 3: isn't it. Keith? What is your issue with your neighbor? Hello? Keith?
Speaker 3: What's going on?
Speaker 4: Hey?
Speaker 7: Tom?
Speaker 22: So I have a neighbor who's kind of I would
Speaker 22: say threatening, but giving me a hard time about the
Speaker 22: condition of my lawn and a tree that I have.
Speaker 3: In the backyard.
Speaker 4: God, Okay, how is this affecting them?
Speaker 22: Well, so the tree is basically it's very large, it's
Speaker 22: growing over it's kind of overhangs their property, and they're
Speaker 22: complaining about you know, they have to spend all this
Speaker 22: money to get their gutters cleaned out every year, and
Speaker 22: then it supposedly caused.
Speaker 3: What else are they complaining about the tree and what else?
Speaker 22: And then just the condition of the lawn?
Speaker 4: Okay, So anyway, how are they complaining to the to
Speaker 4: the HIA.
Speaker 22: Or to who there's no hy They just said, hey,
Speaker 22: you know, you're not taking care of your lawn and
Speaker 22: you got to take care of this tree.
Speaker 3: And how do they complain? Is it? Is it in
Speaker 3: person or how in person? Okay? Are they mean? Are
Speaker 3: they friends? What are they?
Speaker 22: You know, it's it's a it's a it's not an
Speaker 22: adversarial relationship. But you know, once he basically threatened to
Speaker 22: take legal action, I said, well, do your worse.
Speaker 7: There's nothing you can do.
Speaker 22: You can't force me to clean up my lawn, or
Speaker 22: can he?
Speaker 7: That's my question.
Speaker 3: No, they can, of course not unless you're breaking a law.
Speaker 4: If you're breaking a covenant and the h AWAY you
Speaker 4: agree to the covenants when you bought, then the HIA
Speaker 4: could enforce those covenants. If you're violating some kind of ordinance,
Speaker 4: then they can go to the municipality. But this person
Speaker 4: cannot do anything now. They could in an extreme situation,
Speaker 4: they could sue you for damages if they believe you
Speaker 4: are damaging. However, a tree overhanging a fence, you're not
Speaker 4: in control.
Speaker 3: Of that tree.
Speaker 4: As long as that tree is in normal maintenance and
Speaker 4: normal care and you're not letting it rot over the fence,
Speaker 4: they can cut it back. By the way they would
Speaker 4: be allowed to cut it back, are you opposed to
Speaker 4: them cutting it back, or have you said to them
Speaker 4: you better not touch it.
Speaker 22: No, I said, whatever's on your property, you're welcome to
Speaker 22: do is what you want.
Speaker 4: Okay, then you may tell them, look, you're in perfect,
Speaker 4: perfect harmony with me. If you want to cut back
Speaker 4: that tree to our fence line, you're under an obligation
Speaker 4: to do it with care not to kill the tree.
Speaker 3: I would put that in writing. Let them know.
Speaker 4: No, but there's nothing. There's really nothing they can do.
Speaker 4: I mean nothing. I mean everyone can sue everyone. It
Speaker 4: gets ridiculous, but.
Speaker 3: You know everyone I would agree.
Speaker 22: I would agree with my neighbor that, yes, my long
Speaker 22: little overgrown and the tree is a little overgrown.
Speaker 13: It needs to be trimmed.
Speaker 22: But I don't have the money to trim it right now.
Speaker 4: So well, when you say it needs to be trimmed,
Speaker 4: you're not obligated to trim it on their side of
Speaker 4: the fence.
Speaker 3: Do you understand that.
Speaker 7: I did not know that.
Speaker 3: Okay, No, you're not unless you it's really weird. If
Speaker 3: it's in disrepair and it's like.
Speaker 4: It's like dangerous, you kind of do have an obligation.
Speaker 3: I don't really know. The condition is it dangerous. Is
Speaker 3: it rotting?
Speaker 22: No, it's not rotting. It's just it's got a lot
Speaker 22: of sucker, you know, shoots growing up near the fence line,
Speaker 22: and it's just it does need to be trimmed. It's
Speaker 22: it's been The tree is about seventy years old.
Speaker 3: Okay, how much will it cost to trim? Do you know?
Speaker 2: Oh?
Speaker 22: I would say a minimum two thousand what two thousand plus? Oh, yeah,
Speaker 22: it's a trim it. Yeah, there's a lot of dead
Speaker 22: wood in it.
Speaker 4: Well, you may have some responsibility, but then again, you
Speaker 4: don't have all the responsibility. Have you asked them to
Speaker 4: chip in or you not have no or do you
Speaker 4: have no money whatsoever?
Speaker 22: I just don't have enough to take care of that
Speaker 22: right now. In a number I've got another bid on
Speaker 22: a different property. I can't say that it's not my property,
Speaker 22: but somebody's told me they got to do it for
Speaker 22: two thousand dollars just for taking out some bushes, So
Speaker 22: I'm like, I know it's going to be at least
Speaker 22: two thousand.
Speaker 3: Wow.
Speaker 4: Well, listen, the short answer is they can't make you
Speaker 4: do it. The long answer is if it does damage
Speaker 4: and they say you knew it was in disrepair. You
Speaker 4: knew it was rotting or you knew it could damage,
Speaker 4: but the normal cleaning they can't do anything about.
Speaker 3: So really, and.
Speaker 22: Now how do I so, how do I determine if
Speaker 22: it's if somebody would comby, like the code enforcement or
Speaker 22: would they say, hey, you're law know you?
Speaker 4: What you would do to really protect yourself from civil
Speaker 4: litigation is to get someone and probably pay them an
Speaker 4: arborist for an opinion on whether it is dangerous. Not
Speaker 4: if it is dirty or sheds, but is it danger
Speaker 4: is it dangerous of falling or hurting someone or a property?
Speaker 4: Then if you get a professional opinion in writing, then
Speaker 4: you can use that.
Speaker 22: What about the codes for you know, cutting grass?
Speaker 4: And okay, now for code enforcement, you could call code
Speaker 4: enforcement and you could say it's Sometimes it's covered by
Speaker 4: the building department and if you call there, they'll get
Speaker 4: you to the right department and say, look, I'm I'm
Speaker 4: just curious.
Speaker 3: Of my tree is out of code.
Speaker 4: And if I need to do something, am I required
Speaker 4: to trim it?
Speaker 3: And at what point am I required to trim it?
Speaker 4: For example, if it's in an easement for power lines,
Speaker 4: does it go across any power lines?
Speaker 2: No?
Speaker 13: But there.
Speaker 22: They have a power that comes in from the alleyway
Speaker 22: that comes across and is under a couple of the larger.
Speaker 3: And has it.
Speaker 4: Okay, so it's really a big unknown, that's what it
Speaker 4: is right now. So you have to call code enforcement
Speaker 4: or you need to call the utility if you're looking
Speaker 4: for I mean, you're really looking for trouble basically. But
Speaker 4: how often do they warn you about this tree?
Speaker 2: Well?
Speaker 22: They he just said something about it, and he basically
Speaker 22: he gave me an ultimatum of one month and I
Speaker 22: should And what did.
Speaker 3: He say if you don't do it in a month?
Speaker 3: What will he do if you don't do it?
Speaker 22: I'm gonna I'm gonna go through a legal route.
Speaker 4: Well okay, I mean listen again, they can't make you
Speaker 4: do anything, even.
Speaker 3: A legal route.
Speaker 4: If they literally file a lawsuit, then you're gonna have
Speaker 4: to defend yourself. But I mean, I can't see on
Speaker 4: what grounds unless you're negligent. That means the trunk and
Speaker 4: the stuff on your side is dangerous. You do not
Speaker 4: now if the branch on their side is dangerous.
Speaker 3: That's different than nuisance. Do you understand?
Speaker 2: Yes?
Speaker 4: Okay, so you're gonna have to get a professional opinion,
Speaker 4: you know, And no matter how much we discussed it, it
Speaker 4: won't change. You're gonna have to get because I don't
Speaker 4: know enough.
Speaker 3: You don't know enough.
Speaker 4: But you get a professional opinion. Certainly you can afford
Speaker 4: someone to at least give you an opinion on the.
Speaker 3: Tree, right sure, yeah, and that would be the way
Speaker 3: to go to protect yourself.
Speaker 4: Listen, this arbor's as it's not dangerous, it's a healthy tree,
Speaker 4: and it needs to be trimmed a little. I don't
Speaker 4: have the money to trim it right now. You can
Speaker 4: trim it back on your side all you want. Just
Speaker 4: put it down, get it, get it in, you know.
Speaker 4: And then what do they do. They go to an
Speaker 4: attorney and say I want them to trim our side
Speaker 4: of the tree. They're not gonna you know, listen, people
Speaker 4: can say they're taking a legal route, but there's nothing
Speaker 4: you can do about it it.
Speaker 3: You know.
Speaker 4: Look, in a perfect world, it would be nice if
Speaker 4: you could trim your side.
Speaker 3: Bill's got a comment on this. Go ahead, Bill, what
Speaker 3: do you think?
Speaker 4: Well, well, you got me there, yeah, go ahead, Bill.
Speaker 17: Well I'll tell you we had the same problem.
Speaker 8: If you remember I called.
Speaker 23: John at two and we of course, my name is
Speaker 23: tree fell into my yard. And the way that rule reads,
Speaker 23: unless it's neglected any right.
Speaker 4: That's that's a good point, and that's what I was saying, Bill,
Speaker 4: you're right.
Speaker 17: But anyway, so I the people across the street was
Speaker 17: getting that trees trimmed. So I called the guy up
Speaker 17: and he came over and he did mine that day
Speaker 17: and it cost me six hundred bucks. And with the guy,
Speaker 17: the tree guy told me the tree trim He told
Speaker 17: me to call forestry in the city because I'm in
Speaker 17: lakeuiod to call forestry and forest he came out and
Speaker 17: condemned the tree and they had to cut it down.
Speaker 23: Oh and if you want a number, if I could
Speaker 23: find the guy's card, he's pretty reasonable if she If
Speaker 23: that person's listening.
Speaker 4: Now, wait, they cut the tree down, but it was
Speaker 4: your neighbor's tree, right.
Speaker 17: Yes, but it broke and fell into my yacht?
Speaker 23: About it?
Speaker 4: And how did the neighbor feel about you reporting it?
Speaker 5: We're not talking.
Speaker 4: And did the neighbor hire this guy to take the
Speaker 4: tree down?
Speaker 10: After I had the section?
Speaker 3: He hire the guy you're recommending?
Speaker 17: What's that?
Speaker 3: Did your neighbor hire the guy you're recommending.
Speaker 23: Yes she did as a matter of fact.
Speaker 3: And how do you know it was reasonable?
Speaker 17: Well, of course me six hundred dollars for the section
Speaker 17: that fell in my yard.
Speaker 3: That's a lot of money.
Speaker 4: It is.
Speaker 17: And I live in a heavily treated area, and it's
Speaker 17: I know, the price.
Speaker 23: Is kind of.
Speaker 3: Well. What's the name of the company.
Speaker 17: Okay, here, I got it right here, I'll give you
Speaker 17: the number. It's seven to two zero five seven seven,
Speaker 17: and it's called we do Concrete woods Fence.
Speaker 3: How long ago did you deal with this company?
Speaker 17: A couple of months ago?
Speaker 23: Okay, well we got that heavy wind.
Speaker 3: Did you get that number? Keith?
Speaker 8: I might have told you a wrong number?
Speaker 3: Well do it? Do it again? Well, let me look so, Keith,
Speaker 3: are you listening?
Speaker 17: It is.
Speaker 23: Right?
Speaker 7: Okay?
Speaker 4: Seven two zero five one nine seven seven nine to one?
Speaker 3: Correct, Thank you?
Speaker 17: And ed he was fairly reasonable.
Speaker 3: Quick.
Speaker 17: He had a bunch of people. They swarmed all over
Speaker 17: the yard.
Speaker 4: And Keith, I'm not suggesting you call them because you
Speaker 4: don't necessarily have the money to trim, but you can
Speaker 4: get an estimate, at least get an estimate before you
Speaker 4: jump to conclusions.
Speaker 3: And then I would also get an arborist.
Speaker 4: The estimate shouldn't cost you anything, and then the arborist
Speaker 4: might charge to give you an evaluation of a tree.
Speaker 3: But that's all you can do at this point.
Speaker 4: Three oh three, okay, seven one three talk three oh
Speaker 4: three seven one three eight two five five. Now listen
Speaker 4: for the guy that texts, I better take this break.
Speaker 3: Then we'll come back and talk about that. Somebody texted
Speaker 3: me about hair restoration.
Speaker 4: We'll talk about that and more coming up on the
Speaker 4: Troubleshooter Show. Go with a sure thing Denver's Best roofer
Speaker 4: Excel Roofing dot com.
Speaker 3: You don't pay a cent until you're contenth.
Speaker 4: Time for an insurance check up free, no obligation. In comparison,
Speaker 4: call Compass Insurance paying too much your coverage at dozens
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Speaker 4: seven to one help. You'll think you're his only customer
Speaker 4: when you choose Frank durand the real estate Man dot
Speaker 4: com to list your home with Remax Alliance three all
Speaker 4: three nine two zero sixteen twenty two. Martine, You're a
Speaker 4: troubleshooter three all three seven one three talks seven one
Speaker 4: three eight two five five First time Today, open lines
Speaker 4: or actually second time. But if you need help, give
Speaker 4: us a call. Three oh three seven one three talks
Speaker 4: seven one three eight two five five. Okay, so I
Speaker 4: got one on hair restoration, a text that is, I
Speaker 4: want to explain this about hair restoration first and foremost.
Speaker 4: There are a number of things people call hair restoration, okay,
Speaker 4: but hair restoration comes in a few different sizes. The
Speaker 4: one that most people know is the transplants. So they
Speaker 4: take your hair follicles that are healthy and they extract
Speaker 4: some hair follicles. They can either do it randomly or
Speaker 4: with a strip. The old fashioned was a strip across
Speaker 4: the back that grows over, they hope. But then there's
Speaker 4: this other system that takes out follicles randomly from around
Speaker 4: your head and then replants them in areas you need them.
Speaker 4: And those are basically hair transplants. And you know, I
Speaker 4: think Michael Brown and both Michael Brown and let's see
Speaker 4: who else advertised Coss Kaminski. Who do they advertise for?
Speaker 4: Do you recall who they call because they say they
Speaker 4: love of that person.
Speaker 3: Doctor is doctor Tanya paul One? That is that Brownie's
Speaker 3: Do you know.
Speaker 6: Guys, that's who we saw doctor.
Speaker 3: Oh yeah, yeah, Dragon, is that what Brownie is talking about?
Speaker 3: Doctor Tanya Paul's yes, okay.
Speaker 4: And then then there's another kind of hair restoration, which
Speaker 4: is stem cell therapy.
Speaker 3: And stem cell therapy.
Speaker 4: Are injections into the scalp of stem cells too, and
Speaker 4: and some do combinations of that. And before stem cells,
Speaker 4: they were doing p r P platelet rich plasma and Dragon,
Speaker 4: I don't know, did if doc, excuse me, if Brownie
Speaker 4: had both the transplants and the stem cells with it,
Speaker 4: or did he have.
Speaker 3: Just transplant and he loves it? Right? He loved the results, right,
Speaker 3: and you notice the difference right very much? So did
Speaker 3: he actually have a bald spot? It was thinning for him,
Speaker 3: You got really bald spots. Same with Ross. His was
Speaker 3: thinning pretty much.
Speaker 22: So then the transplants came around and both of them
Speaker 22: looked tremendously better.
Speaker 4: Yeah, because mine really is thinning too. So I tried, well,
Speaker 4: I shouldn't have told you very right now because I'm
Speaker 4: I'm waiting on the results. But I guess it's too
Speaker 4: late now, isn't it. So I went to Denver region
Speaker 4: and that was a few weeks ago for the stem
Speaker 4: cell therapy, just to see if it would thicken it
Speaker 4: up a bit.
Speaker 3: And what I've noticed now is it's been about.
Speaker 4: Three weeks, two or three weeks. I've noticed some itching.
Speaker 4: I know, this sounds crazy. It could be the sign
Speaker 4: of new growth.
Speaker 3: Who knows. We'll see.
Speaker 4: And then that comes with a redo, not a redo,
Speaker 4: but like a booster.
Speaker 3: They call it that. In August. I'll have that done.
Speaker 4: But there was no surgical procedure whatsoever. It was just
Speaker 4: a bunch of pricks.
Speaker 3: If you're just tuning.
Speaker 4: In, I'm not talking about bad people. I'm just talking
Speaker 4: about a bunch of pricks on my head. And it's
Speaker 4: four restoration, hair restoration with stem cells.
Speaker 3: Hey, Mike, what is your question? Go ahead, Mike, welcome.
Speaker 4: Three all three seven one three eight two five. By
Speaker 4: the way, my my, if somebody wants to know why
Speaker 4: text line is still working. Yes, I didn't get a text
Speaker 4: from you though seven four seven nine nine nine fifty
Speaker 4: two eighty. You're texting on the On the other one,
Speaker 4: I did get from you A five seven seven three nine.
Speaker 3: That's one iHeart has.
Speaker 4: But then we have our own Google voice number, which
Speaker 4: is seven four to seven nine fifty two eighty.
Speaker 3: Okay, By the way, what do you need to know,
Speaker 3: Mike H.
Speaker 8: I know you've covered this before, but I can't remember
Speaker 8: the rules.
Speaker 7: Yeah, if if you or people break.
Speaker 8: A lease with an apartment building, let's say it was
Speaker 8: a year lease and you stayed for six months, yeah,
Speaker 8: and you leave, do you owe the whole six months?
Speaker 8: I thought you said at one point that if they
Speaker 8: just turned right around and rented the apartment, then no loss.
Speaker 8: So you will lose your okay, and maybe a month.
Speaker 4: Right, there's something called there's something called substance.
Speaker 3: Over form and and really it depends.
Speaker 4: Technically, you're on the hook for the lease, okay, but
Speaker 4: if you can prove that the breach came with limited losses,
Speaker 4: you only have to pay the limited losses.
Speaker 16: But it's so hard to do though, especially if it's
Speaker 16: a big complex that has multiple open units, you almost
Speaker 16: never do it, that's right, because what they're gonna say
Speaker 16: is that they still have one less renter or or
Speaker 16: or one more.
Speaker 3: Apartment to fill. However, it's not impossible. Mark.
Speaker 4: Some have you know, four plex, two plex, some have
Speaker 4: just one apartment open.
Speaker 16: Agreed, if you were renting your house and someone broke
Speaker 16: the lease and you re rented it, the next day, you.
Speaker 3: Have no loss.
Speaker 4: Well, you could have some like the cleaning different ones.
Speaker 3: I mean, you have far enough, but I'm.
Speaker 4: But they're not gonna They're not gonna get eight months
Speaker 4: out of your sex months out of you. Now, you
Speaker 4: could try in an apartment a house if like like
Speaker 4: if it, let's just say.
Speaker 3: There aren't many left and they.
Speaker 4: Have that particular one which was a two bedroom. The
Speaker 4: other one was a one bedroom. You could definitely say,
Speaker 4: wait a minute, you rented mine out.
Speaker 3: There was a desire and a knee and you rented
Speaker 3: it out.
Speaker 4: But they would have probably some damages, but it's up
Speaker 4: to you to pursue. They're not going to voluntarily send
Speaker 4: you a check.
Speaker 5: Okay.
Speaker 24: So that's that's basically what happened. Somebody moved out, he
Speaker 24: could not afford the two bedroom and asked, hey, I
Speaker 24: just I'll find the lease on you know, just transfer
Speaker 24: over to a one bedroom, and they wouldn't do it.
Speaker 8: So, no, you have to stay for the two bedroom,
Speaker 8: and then after you've done with that lease, you can
Speaker 8: go to the one bedrooms as well.
Speaker 4: Go with a sure thing Denver's Best roofer Excel roofing
Speaker 4: dot com. You don't pay a cent until you're content.
Speaker 4: Time for an insurance check up free no obligation. In comparison,
Speaker 4: call Compass Insurance paying too much your coverage at dozens
Speaker 4: of insurance companies find out now three all three seven
Speaker 4: seven to one. Help You'll think you're his only customer
Speaker 4: when you choose Frank durand the real estate man dot
Speaker 4: com to list your home with Remax Alliance three all
Speaker 4: three nine two zero sixteen twenty two.
Speaker 3: Hey, I'm Tom Martino.
Speaker 4: You're a troubleshooter three all three seven one three talk
Speaker 4: seven one three eight two five five. So, Mike, here's
Speaker 4: the thing you have to uh defend yourself. How when
Speaker 4: they actually sue you? Okay, so did they actually file?
Speaker 8: They say they're going to file. Of course they did
Speaker 8: the first thing. They threaten and then send you to collections.
Speaker 8: But what they really did is they delayed, delayed, delayed,
Speaker 8: and then when it's you know, it pushes, it pushes
Speaker 8: away out to where they're now want to charge interest of.
Speaker 7: On the money.
Speaker 4: Well, hold on, they can't arbitrarily charge that. They can
Speaker 4: only charge what was in the agreement.
Speaker 8: Okay, Well that's maybe that's what they're threatening. I don't
Speaker 8: have any paperwork in.
Speaker 7: Front of me. I'm in the car.
Speaker 3: So listen, here's what I'm gonna tell you.
Speaker 4: Okay, you start out, you start out at a deficit
Speaker 4: because your son breached the contract. It doesn't matter. It
Speaker 4: doesn't matter that he couldn't afford it. It doesn't matter
Speaker 4: that they wouldn't let him move. He breached the contract.
Speaker 4: So you're starting out at fault.
Speaker 3: Okay. Now it's a matter of damages.
Speaker 4: That's all it is. There is no question on the breach.
Speaker 4: So now it's a matter of damages. What you want
Speaker 4: to argue is that they did not attempt.
Speaker 3: To mitigate their damages. They did not, or they did
Speaker 3: mitigate their damages. Whatever.
Speaker 4: But it's all on you, okay. And what you need
Speaker 4: to do as part of a lawsuit against you or
Speaker 4: your son is to then afford yourself of the rules
Speaker 4: of civil procedure. And those rules will be at certain
Speaker 4: times you ask about discovery, and at certain times you
Speaker 4: take depositions and then but read read it carefully to
Speaker 4: make sure you're not on the hook for legal fees.
Speaker 4: If you lose, you could end up your son could
Speaker 4: end up seriously in.
Speaker 8: Debt well, which brings up the whole bankruptcy thing.
Speaker 3: Right, is your son in debt anyway? Right now?
Speaker 4: Yes? Okay, well, then afford the higher rent? Okay, bankruptcy?
Speaker 3: How old is he.
Speaker 7: Pretty?
Speaker 3: Oh? My god god? So okay, I thought he was
Speaker 3: way younger. He's oh he's Is he a veteran? Did
Speaker 3: you say?
Speaker 2: Yes?
Speaker 3: Okay?
Speaker 4: So listen, if he wants to, if he has, if
Speaker 4: he does a bankruptcy, then it all goes away anyway.
Speaker 4: I mean, so I wouldn't even bother putting up a
Speaker 4: big defense.
Speaker 16: And if there's a if there is, and it looks
Speaker 16: like most apartment leases do have attorneys fees and set
Speaker 16: forth in Colorado or CRS thirteen forty one to twenty three,
Speaker 16: the prevailing party is entitled to recover. So I mean,
Speaker 16: that's my statute. So you better be real careful. And
Speaker 16: I don't know if that means. Let's say, let's say
Speaker 16: they don't get thirteen or fourteen thousand in court, but
Speaker 16: they get five. I bet you still have to pay
Speaker 16: attorneys fees.
Speaker 8: Yeah, but they didn't want they had no interest in negotiating, like,
Speaker 8: all right, let's just.
Speaker 7: Talk about it.
Speaker 3: Well, then, what Tom says bankruptcy? What I might do.
Speaker 16: What I would do is go talk to say Mike
Speaker 16: Wink or Gig Wink and when I say threatened bankruptcy,
Speaker 16: you have a bankruptcy attorney, call and say, hey, this
Speaker 16: guy's getting ready to pull the trigger. Are you sure
Speaker 16: you don't want to settle? And that'll that they'll really
Speaker 16: take that serious compared to you know, him saying it
Speaker 16: or you.
Speaker 4: Yeah, well that may be the how much debt is
Speaker 4: he in right now? Who?
Speaker 8: Uh, I'm gonna say sixty?
Speaker 3: And how much does he make.
Speaker 8: Currently?
Speaker 13: Not a whole lot?
Speaker 8: He disabled?
Speaker 4: Okay, bro, there's no question about it, no question. Call
Speaker 4: Mike Wink right now. Call Mike Wink if he's a
Speaker 4: disabled veteran, or you got to call Mike Wink.
Speaker 3: There's no way you're going to uh.
Speaker 4: You're gonna fight this for sixty And then add to it,
Speaker 4: I got to go on to Chris, Chris.
Speaker 3: What's happening with you? Chris? Chris? What's happening Chris? Is
Speaker 3: Chris still there or not? Just give me a heads up.
Speaker 3: I'm here, Hi, Chris, what's going on?
Speaker 9: Last month, my air conditioner went out. I instinctively called
Speaker 9: the company that installed it five years earlier. It was
Speaker 9: a capacitor and the guy was here less than an hour.
Speaker 9: My complaint was they charged me, Well, they have an
Speaker 9: ongoing one hundred and fifty dollars service fee because I complained,
Speaker 9: they charged me one thirty, so I got a big
Speaker 9: whopping twenty dollars off on that. My question is, is
Speaker 9: that even fair or legal or candy? Why are they
Speaker 9: getting reimversed from the manufacturer.
Speaker 4: Well, I don't know if it's under warranty. Hold on, dear,
Speaker 4: hold on, come right, I'll come right back to you.
Speaker 4: I promise we'll talk about the warranty right after this.
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Speaker 3: Hi Tom Martin, let's go right back to Chris, I
Speaker 3: got some answer for you, Chris, Chris.
Speaker 4: Most capacitors for most HVAC systems part come part of
Speaker 4: their warranty are five years how old in.
Speaker 3: Yours is right at five years? Right?
Speaker 17: Right?
Speaker 9: Some of them have question, I don't have a problem
Speaker 9: with the warranty. What my problem is? One hundred and
Speaker 9: fifty dollars service fee?
Speaker 3: Right?
Speaker 4: Yes, they're allowed to charge that. They are not reimbursed
Speaker 4: for service or labor from the factory. Got almighty no, no,
Speaker 4: And that's actually pretty reasonable, it really is.
Speaker 3: Now I've looked it up. And what brand do you have?
Speaker 9: A MANA uh huh recommend it?
Speaker 4: Well, okay, a man is a pretty good name, but
Speaker 4: you're but but listen, here's the deal. I think carriers
Speaker 4: probably one of the leaders in the industry right now.
Speaker 4: Some of those capacitors could be even longer, but under
Speaker 4: no circumstances are late. Is labor guaranteed unless it's guaranteed
Speaker 4: by the company, for example, Plumbline services. They will do
Speaker 4: their own guarantee on labor for certain things, so it
Speaker 4: depends on the company. But the manufacturer does not reimburse
Speaker 4: them for the service call. And if you paid one
Speaker 4: hundred and fifty bucks. That's all you paid for a capacitor.
Speaker 4: That is not a bad deal.
Speaker 3: All right, What did you pay for the system five
Speaker 3: years ago? Do you recall?
Speaker 9: It was around five grand and it has a ten
Speaker 9: year warranty.
Speaker 4: Man, you know what you did pretty good, you know,
Speaker 4: I mean five years ago five grand that was That's
Speaker 4: a pretty good price even five years ago.
Speaker 3: And how big is your house?
Speaker 9: It's a two story twenty four hundred square.
Speaker 3: Yeah, it doesn't look at me. I would I know
Speaker 3: that it's upsetting, but I would not complain right now.
Speaker 3: I think they did you. They did not do you bad. Okay,
Speaker 3: So all right, thank you Tom.
Speaker 4: Sure thing, Chris, keep listening, Thank you very much. Three
Speaker 4: oh three seven to one. Three oh, let's just put
Speaker 4: it this way. Uh tune in tomorrow, right, and then
Speaker 4: you can call me at three oh three Martino twenty
Speaker 4: four to seven for help, information and referrals and we'll
Speaker 4: get you on the next show. So that's three oh three, six,
Speaker 4: two seven, eight four sixty six. Goodbye, folks, and remember
Speaker 4: three oh three Martino, save all your problems for me.
Speaker 3: Thank