Episode Transcript
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(00:00):
Yeah, ripped off. You needadvice so you don't have come run into
Just as fast as we can,Shooter's gonna help come Dix is the Troubleshooter
(00:21):
Show. No Tom Martine, Hi, I'm Tom Martino, And uh we're
doing it again, aren't we.We're solving problems, answering questions, taking
comlaiints and I welcome you here asI do every day. Love love,
love what I do and how wedo it. And you know, here's
the deal. We don't always helppeople by helping them directly, because sometimes
(00:46):
they're too far go on to problems, too far going, But we do
help in a respect other people whowho can prevent it. We can also
help those who have a problem toknow the truth about it. You can
text me here at any time fiveseven, seven three nine. Put Tom
(01:07):
in that message. It gets tome, and then it has to have
a first name in it. Andthen you can also reach me on the
phone three oh three, seven toone to three talk now that's the station's
number. Then we have our ownnumber that you can call twenty four to
seven and you can leave a messagewe're not answering, and we'll call you
(01:27):
back to get on the show.Of course, there's no obligation if you
call, just leave a message.Three oh three Martino three oh three six
two seven eight four six six.Today is Insurance Day. I love insurance
Day. If you're one of myYouTube morons or Facebook flunkies, you'll see
Brian over here to the right,Brian Burns Compass Insurance Group. We do
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insurance check ups. Well, theydo insurance check ups every single day.
They've been doing it for so manyyears. We came up with this years
ago and it came on the showand it got to be fun. I
said, Brian, what if peoplecall up? Can you actually compare stuff?
And then it became a regular partof their business. So what they
do is compare with about twenty sixcompanies or so out of twenty five twenty
(02:12):
six and then let you know ifyou can get better coverage at a lower
price, or just a lower price. But here's what I love about comparisons,
and I want you to remember this. Don't go by people who say
I can do that better, Ican do that cheaper unless they actually can.
So what Compass does is put ifthey put their money where their mouth
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is when they tell you they canget you better coverage. They better come
through right because they have to havea policy that It's not like they can
just lie to you about it,right. No one can lie to you
about math. So if you're payingfour grand, five grand, six grand,
whatever for all kinds of insurance andthey come back and say, well
we can do this for thirty eighthundred or forty eight whatever, it's math
and then the coverage is coverage.So enough set about that. You can
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call us directly about questions on insurance, or you can call the insurance Health
Center right now and get a quote. What they're going to ask you is
what you're paying for? What doyou know? Eighty five percent of the
time we save people money. What'sthe biggest reason we save people money?
Brian? Is that the creep upsyndrome or why? What is the biggest
reason? Yeah, I would saya lot of people, especially your listeners,
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have been with their insurance company fortwenty thirty years and just have never
looked and so then and we talkedabout that, and yeah, usually not
the insurance companies don't normally reward loyalty. They don't. Unfortunately they don't,
and people think they do, andthey'll get this thing like they say,
well, I'm guaranteed to be renewed. And I always explain to people,
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but even carriers we have, Idon't feel like that's really a benefit because
if they guarantee they're going to renewyou, they don't guarantee the rate they
can charge you, you know,ten times what you're paying right now,
where we could find a better companyanyways, So you know, this whole
idea gives people this comfort to say, well, I'm guaranteed to be renewed
on my auto insurance, no matterhow many tickets I have. Yeah,
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but they don't guarantee the raid.So all right, let's go to the
phones. By the way, butif you have insurance question, you go
straight to the help center if youwant to get your pricing. Three h
three nine ninety six nine thousand,Hey, real quick. Yes, how
about that turnout last night? Holymoly, one hundred and sixty people.
That was great. Yeah, wewent through the through the roof at the
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theater. It was the retirement,the baby boomer dilemma about retirement and Mark
that movie highlighted some dirty tricks.I want to talk about some dirty tricks
they did to people and some companiesare still doing it. And Mark,
do you know what happened to me? Do you know I had a pension
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I've been paying in for years andit was a guaranteed pension, and they
did everything they could to talk meout of it. Now I did get
out of it, but they Iwas lucky enough to find another product better.
But they pensions are dirty. Theywant you to pay in for years
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and years, but they don't reallywant you to stay in. Now.
I'm not talking about annuities, bythe way, I'm talking about regular pensions.
So in the state of Florida,they were running into trouble with this
pension fund because a pension fund iswhat's called a defined benefit plan. A
defined benefit plan says you pay in, you're going to get a guaranteed benefit
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and we are going to invest moneyto accomplish that. We'll talk more about
it. It's really important. Thanksfor bringing that up. Mark Ken wants
to talk about T Mobile. Ken, what's happening? Hi? Tom?
Hey, what's happening Mobile? Yeah, my father passed away back in October
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and my brother's been taking care ofa lot of the details. He called
T Mobile and said, my father'sdeceased, can we cancel this plan?
And they basically wouldn't. Well,that's too bad. Then let him try
to collect. Who cares? Hey, yeah, it's going My brother closed
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the account that they were pulling.Oh, and he said, hey,
we don't want any When you saythey wouldn't do it, here, let
me let me get this straight.You said my dad passed away. He
had an account with you, andthey said tough. I mean, really,
let's be honest. I want tohear what they said. I wasn't
there, but I get my brother. I don't believe. I'm just gonna
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tell you. I'm not saying yourbrother's not telling the truth. They would
never do that. No one woulddo that with the dead person. They
won't do But let's talk about thefacts. Okay. Facts are after he
was deceased, they wouldn't do anything. And he went, you know,
he was willing to work with him. They when you said they wouldn't do
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anything, did you send a deathcertificate to T Mobile? Yes? He
said, Hey, man, Imean we've done everything, but exum,
my father's okay, send it tohim ken ken so okay. So,
and by the way, I'm sorryyour dad passed away, and and and
you had to deal with this.I really don't want to just gloss over
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that. But bottom line is,since then are you telling me they've been
racking up charges? Well, firstof all, the charges were nominal,
but it was a principle. Well, of course it was. But Ken,
what I want to know is whatare the consequences. They're not going
to put a claim in against theestate. It's over his contractual obligation ended.
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Now if a phone hadn't been paidfor, they they have put him
into they have. You know,my brother called their collection people and as
of now, I think they wantthree hundred dollars Ken through now, he's
not listening. He's not listening toit. When you're not listening to what
I'm saying. If part of thecontract was paying for a phone, and
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a phone is not paid for andyour dad dies, that's a different story.
There's two kinds of parts to acellular contract, equipment and service.
If they were charging him for serviceafter he died, not before, but
after, they can't collect after he'sdead. If they're charging him for a
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phone, they can keep charging untilit's paid. If they were charging for
service and he had an account receivable. They can also keep collecting that,
but it goes against the estate.So in your dad's situation, I need
to know a couple of things.No story's just facts, Like you said,
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did was this for equipment? Honestly, I don't have that information.
Okay, I can call your helplineand get it. Ken, I'm going
to tell you that it is becausesee let me tell you why. Because
Team Mobile or any business, they'renot going to waste time and money and
collections on someone who's deceased for servicethey did not use. However, if
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there was an account balance at thetime of his death, which happened while
he was alive, for any reason, for service or for equipment, then
his estate would have to pay forit. But even then, if the
estate pays all the priority bills,that they're not. And by the way,
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did you open let's just talk aboutthis. Did you open probate for
your dad? No? Why?No? Why? For a very it's
reasons, it wasn't an issue.There was no you know, the way
the assets were dealt with. Areyou saying you didn't need probate? What
kind of assets were there? Candidly, I don't want I don't know and
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I if okay, well, Ken, I don't have enough information, but
I will tell you this. There'sno way they can collect period, So
it doesn't matter. Let them collectall they want. I mean, what
are they doing, how are theygoing to collect? I mean, does
it just bother you? Ignore it, ignore it, throw the mail away,
throw the court summons away. Youand your brother are not personally liable.
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And I wanted to let people knowthat this is how teen Mobile does
business. Well, we don't reallyknow that because, as I said,
if your dad, I want youto call me back and let me know
exactly what happened, because I reallydon't know. I really do. If
they're trying to collect service after he'sdeceased, which I know they're not,
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then it would be a bad thing. They're trying to collect probably on a
phone he never paid for or didnot complete paying for, or a balance
due upon his death, but eitherone of those, even those they can't
collect. Now they have a rightto go against the estate, but if
you never open to probate, theyhave nothing to go after. If all
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of the assets were dealt with outsideof probate, now that's a whole different
story. Where they dealt with properlyblah blah blah blah blah. But for
three hundred dollars, I doubt Tmobile is going to open up a probate,
so I would forget about it.Three zero three seven to one three
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(12:09):
You don't pay a cent until you'recontent. Time for an insurance check
up free, no obligation. Incomparison, call Compass Insurance paying too much
your coverage at dozens of insurance companiesfind out now three oh three seven seven
to one. Help. You'll thinkyou're his only customer when you choose Frank
durand the real estate Man dot comto list your home with Remax Alliance three
(12:33):
oh three nine two zero sixteen twentytwo Hey, I'm Tom Martino, your
troubleshooter. Three oh three seven onethree talk three oh three seven one three
eight, two five five. Backto the phones. Anything on your mind,
Give us a call three oh three, seven one three talk or three
oh three Martino. Frida want totalk about an ATM? Hey, Frida,
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what's happening? You know the goodthing about ATMs? Nowadays everything is
on camera. Go ahead, youhope so, but people keep telling me
that those cameras are not actually takingvideo. I hope they are because that's
the only way of the situation.What happened? What happened? Every month,
I go to the ATM and Iwithdrews the hundred dollars cash out of
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my prepaid debit card where I getmy direct deposits for my disability. Okay,
now is this Social Security disability?Yes? So okay, pounding out
my cash and the machine shut downand now functioned. Oh my goodness,
gracious, hold on. So youput in your card and then it was
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counting your money and went dark exactlyholed up a couple of times, and
it kept going there's a cable unplugged, and then it said the system is
temporarily down, and then I waiteda few more minutes and it finally booted
up, and it said, pleasein search your card to begin your transaction.
No money, no cash in myhand. My bank said it was
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out, that it had come outof my account. But where did it
go in the vapor? No own, my god, hold on, it's
free to I kind of believe,I mean not kind of. I believe
this kind of stuff. This sucks. So here's what's happening. You're there,
it goes dark, comes back onand wants you to start over.
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But that money's not there anymore.Exactly. I think it's done my transaction.
We're done. I have no receipt. Yeah, but there's a camera.
How long ago did this happen?On the thirtieth of March? And
I've got my my prepaid debit cardis supposed to be disputing it. The
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Canyon City Police Department is wait,so you're in Canyon City? Yeah,
and it was what date was it? March? What thirtieth? Okay,
listen, there's got to be there'sgot to be a way that they look
at this tape. There's got tobe well, you think so, but
it was on the it's built ininside. Wait, is this is this
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a bank or is this just outsomewhere? You know, where is this
machine? It's in the wall ofthe bank at the First Interstate Bank and
there's no printing on it. Nothing, It's just got the First Inner State
logo on it. You know whatI would do for you to I would
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take them the small Claims court.Well, why not just go into the
bank and talk to him? Icalled the bank on. Well, that's
not what I said. Why wouldn'tyou just go into the bank and talk
to him? Give him the date. Did you get a receipt saying that
you got six hundred dollars? No? How do you know it was taken
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out of your account? Well,on my account online it shows that it
came out, and I don't.Does it show it came out on that
day? Yes, Well, youknow what I would do. But I
called the bank. Let me tellyou, Tom. I called the bank
and they said, this is notour ATM. We have nothing to do
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with it. It's whose ATM?Is it? It belongs to money Pass?
It's in the wall of their damnbank? Yeah? And did you
call hold on? Who did theysay it belonged to money Pass? Money
Pass tractor. Yeah, it's anindependent contractor that works for with money Pass.
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Where does the money come from?That's wait a minute, Where does
the money come from? That's insidethe machine? Does God make it?
Where does it come from? Heservices it, He puts cash in it
and takes out, reconciles it everyday that they won't tell me who it
is. Does the bank? Iwould say, the bank gets paid for
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having that there? I'm sorry,I think it's the bank's problem. What's
the name of the bank, firstInterstate Bank and it's in Canyon City.
Yes, yeah, that's one ofthe problems right there, I'll tell you
is Canyon City. I mean,I just think they're backward. They don't
they don't have an idea of whatthe hell it means for customer service,
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I think. I mean, it'sreally sad. So well, I'm standing
they're not nobody. I can callthem bank, Well, you got me,
you can call them. We're goingto call them and let's see I
think uh recording of the last timeI called them. Anyway, that's Canyon
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City Bank. Here, here's whatwe're gonna do. Deputy Dollar, Deputy
Dollar. He was, by theway at the movie last night. We're
gonna have him call, and we'realso gonna give you some instructions too on
a small claims court. I swearto God, if you go to small
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claims court, it's a breach ofcontract. That's right, Tom. There's
the bank, and I'll tell youwhy can I explain why you can serve
the bank and the name of thatother company both, but you give it
to the bank. That bank istheir agent. They can't erase themselves.
They are somehow being compensated to havethat machine in there and this person that
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comes and services it. I don'tcare what they do. That bank gets
paid for it. They don't doit as charity. I wouldn't think so.
And once you file that, they'regonna look for your damn money or
they're going to contact the guy.In fact, I want Deputy Dollar to
tell them it's not a free ride. They don't just get to say I'm
sorry, it's not us. Mygod, I just can't believe this.
(19:07):
So it's first, what bank ishe calling? You need to know this
can happen. What okay? First, what I said, That's what I
wanted to call you. First bank, what is the name? It's not
it's first what I didn't write itdown? First? Interstate bank? Okay,
got it? Okay, Now here'swhat I want to know. Okay,
what are you doing for money?Well, I can't make in the
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house payment and stuff like that.I'm happy to call him and tell him,
hey, you know, thank makingnew original credit. But they said
they did. I'll know it's inten days by writing. They haven't written
me, they haven't called me.I'm gonna have to wait forty five days
to get anything resolved. Yeah,sorry, yeah, yeah, this sucks.
(19:52):
Now you're not going to wait forhea any I did it? You
don't have it? You know?Well, of course they do. They
have a fitty oh or they canget access to one. I don't care
what they say. By the way, is there a camera there? Yes?
Okay, you know what, DeputyDollar, you tell these jerks to
look at the damn camera. Threeoh three seven to one three talk seven
(20:17):
one three eight two five five.We're gonna take this on as we take
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(20:41):
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(21:04):
free no obligation comparison call Compass Insurancepaying too much your coverage at dozens of
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You'll think you're his only customer whenyou choose Frank durand the real estate Man
dot com to list your home withRemax Alliance three all three nine two zero
sixteen twenty two. Hey Tom Martinohere three all three seven one three talk
(21:33):
seven one three eight two five fiveoff the area. We were talking about
electric cars and uh, you know, uh, Tesla did something really smart.
They made a they gave everyone onthis latest update. They gave them
a free trial for thirty days ofthe full Uh what do they call it?
Auto drive? Right? Well?Full ut. So my son got
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it and said, oh my god, I can't believe it. And Mark
says he can't live without it now. And you can buy it by the
month, or you can buy alump sum. Is that lump sum for
the year or is that lump sumfor life? It's for the life of
not only when you own the car, but when you sell it. It
follows. But you chose to gomonthly because you're not going to help it
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that long. First of all,the reason they decided to let everybody use
it is because it's finally out ofbeta, or it's far enough in beta.
For a long time. Up untillike a month ago, you had
to qualify to use it, evenif you paid the two hundred bucks a
month, and if you drive fast, you simply would not qualify to drive
mar Tesla. Notion dries. Itmakes sense. It does. Here's why
(22:45):
it doesn't make sense. Two hundredbucks a month is a steal because if
because otherwise, if you pay fifteengrand, you know that's the equivalent to
paying seventy five months. I mean, in other words, yeah, I
get it. No one would everbuy that. Why would you? No
one's going to keep the car sixyears? I wouldn't think so at all,
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man, And why would you carewhen you sell it that somebody else
gets it? So I wouldn't payincrease? Well, I'll bet you not.
I'll I guarantee it does. Ofcourse he gives it, I'll drive.
Oh hold on, I'll bet youpeople in their minds would say this.
Am I going to pay ten orten thousand more, fifteen more whatever
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for this car with auto drive?Or am I just going to buy one
and pay two hundred a month?I don't know. I still don't think
the lump sum ever makes sense,But maybe I'm wrong. Let's put it
this way. You wouldn't buy paya lump sum ever, right, even
if you bought a brand new car? Would you? Mark? Well,
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I didn't even really contemplate it becauseonce again, it was in beta,
and I knew I'd never qualify forthe beta. Do you still have to
qualify for the auto drive? Now? No? But what it does?
Do I learn this? It will? It says it'll pull it out if
you screw up four times? Now, how do you screw up? You're
(24:11):
not paying attention. Your hand's noton the wheel, and it warns you
a couple times, and that's howI mean. Or I think it's looking
at your eyes now too. Infact, I know it is. I'm
not sure what camera, but it'smaking you pay attention, which is good.
That's going to keep them out oflawsuits. Oh my god, Dennis
(24:32):
is on the phone here, andyou got to look at this picture.
No, I did, my god. Listen, I'm gonna put this picture
up before you talk it. Well, I mean talk about it, but
everybody out there listening, if yougo to on YouTube channel, Dennis,
I want to get an attorney onbefore I take your call. So I
want Kachina to work on that.And I imagine Kachina is out of her
(24:55):
depression now right over at Purdue,is she? Is she back to normal?
Yeah? I'm good. Thanks.We don't say the P word here.
What was it? I'll tell youwhat what they lose by like forty
but Mark, guess what, theywere one of the top two. They
were the top two teams, soyou know they didn't win, but they
were guess what, they were thetop two in the top two. That's
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pretty damn good, Mark. Itwas not forty. It was fifteen.
Oh fifteen, Shut the hell up. Fifteen's not bad. That's a lot
better than forty. They lost gettingout of the shower. I heard they
were playing a high school team too. Is that true? All of you
guys can bite me. I neverwent to a college and had any sports
(25:41):
of any note. They were alljust dogs. Didn't you go to Syracuse?
No? No, all any Imean, Sonny, But here's the
deal. They what are they knownfor? Nothing? And then before that
it was a community college in Florida. Well, same for New York City
residents. Tom, we had nocollege teams. You went to a college
in the city. Yeah, youknow what was amazing about Mark? Hold
(26:03):
on real quick about March Madness thisyear? If I read the article right,
the women's basketball Final four pulled morenumbers than the men. Think about
that. That is absolutely unbelievable.It's because of Caitlin. She's a superstar
man. Yeah, and you know, yeah, hey, Jackie, what's
(26:26):
happening me? Yeah? You?How are you? I didn't know you
could hear. I'm trying to tellmy dog to shut up. What kind
of dog is it? Oh?He's a mutt. He's labing something else.
But he's not very big. Ishe smart? Is he smart?
(26:48):
Not? Really? I love whenpeople admit their dog and kids aren't smart.
Anyway, So jackidle yeah, Martinodoodle, Hey Jack, what's going
on with the post office? Oh? It was terrible. I don't even
know. I went in to putin a change of address with the post
(27:11):
office. I did it many yearsago, and it was a couple bucks.
So you actually went there to dothis no years ago. I did
it online and it was just acouple bucks. And they wanted to get
credit cards easy, right, Andthis time I was taken somehow to another
company that's right, looked like thepost office, right. I know it.
(27:34):
I know because I listen. Iwas doing this for one of my
relatives and this happened, and itlooks just like it. And and okay,
so what they usually want to dowith a change of address is sell
you all kinds of upstuff. Soanyway, you thought you were online with
the post office, right, right? It took me right there under post
(27:56):
off office. It's a change ofaddress. So I put on that length
filled it out. They wanted mycredit card number, which I knew.
That's fine. I thought a coupleof bucks. Again. The next thing,
by the way, I never gotcharged for a change of address.
Oh I didn't either, no book, okay, but but I never got
(28:18):
charged. So that's the first clues. So then what happened, Well,
I found out they never had aprice on there is nothing. So what
happened? What did it turn outto be? Well, I wrap it
address dot change dot com. That'swhere I ended up without knowing it.
(28:40):
Okay, so charged me sixty eightdollars. Wait, wait, rapid,
address change dot com right, andand ended up charging you sixty I thought
you said it was two dollars.No, when she did it years ago,
it was oh right, years ago? Oh oh no, I have
(29:03):
Yeah. I had no problem givingmy credit card number too, because it
wasn't a pose. I thought,a couple of bucks. I don't care,
Rapid, I'm going to the website, okay, okay, keep going.
So after I found out that Ihad to go back and put my
change of address with the post office, I wanted it to be with the
(29:26):
post office. I didn't trust this. Now. Then I got charged after
doing this in the post office.I got charged one hundred and seventy nine
dollars ninety five cents to change myaddress. No. By the way,
when I go to this site,rapid Address Change dot com, it comes
(29:47):
up with this. It comes upwith this click offer. And I mean,
I don't know how you could evermistake this ever, ever, ever,
ever, for the postcar being thepost office, ever, ever ever,
but I put it in there.When I put in post office change
of address, I can't even getto the site. It makes you.
(30:08):
It makes you, It says unpauseyour account to remove this banner. I
mean, I don't even know whatthis means. Mark, When you go
do that, see what you find. Rapid Address change dot com. How
about this way? How about ifyou just type in change of address post
office. Okay, I'm gonna doyou mean as a search right now?
(30:32):
Did you do it in Google?Yes? Okay, because I don't use
Google anymore. Let me go tothat. Okay, uh, change of
address that's all past. Okay,change of address post office? Okay,
hold on, okay, And Iwant to see what they pay, how
their SEO is. And the veryfirst one that comes up is called Mover's
(30:55):
Guide. That's but it's it's genuine. The second one that comes up is
genuine. The third one that comesup is genuine, the fourth one that
comes up as genuine, the fifthone that comes up as genuine. I
keep going, I don't find thatanywhere on mine. But who cares?
She already paid it. Yeah,oh right, it took me. Why
(31:18):
don't you just contest it on yourcredit card? It's my debit cards for
my bank account. You can stillyou can still challenge it. Yeah,
but Tom, there are a lotof things. There are a lot of
these scammers that do something that thatactually do the process that you can do
for free, but they charge youto do it. So there really isn't
(31:40):
anything that you can complain about.Well, Mark, I mean, I'm
a doc, you know, Iget that with other things like renewing your
you know how you have to die, you have to like your corporate reports
and things like that. Yeah,you get these messages and they make it
look like it's official and all ofthat. So Jackie, what are you
(32:01):
calling to let other people know?What are you calling about? Because it
might be too late? You're callingto warn people and I should have doubled
triple check. Do you know doyou know how many people get stung?
Not just with this, but withall like, how about when they google
their bank or think they're going totheir bank? Yeah, I listen.
(32:23):
We've had people on the show thathave lost fifteen and twenty thousand dollars thinking
they were on their bank site.We got more coming right up. Go
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a cent until you're content. Timefor an insurance check up free, no
(32:49):
obligation. In comparison, call CompassInsurance paying too much your coverage at dozens
of insurance companies find out now threeout three seven, seven to one.
Help. You'll think you're his onlycustomer when you choose Frank durand the real
estate Man dot com to list yourhome with Remax Alliance three oh three nine
two zero sixteen twenty two. HiTom Martine, you're a troubleshooter. Can
(33:14):
we get John Fuller on now?Maybe not now, let's do it right
after the hour. I'm going totake him right now. No, no,
hold on, better yet, it'stoo late, Dennis, hang on.
I don't want to rush you throughthis. This is an incredible thing
we're going to talk about with thisdog bite and we're gonna put up the
(33:36):
picture as well. But Julie,this is real quick. I'm just going
to tell you straight up. Yougot a call from somebody who said they
were from the sheriff's department, rightright. What did they want? Oh?
He wanted me to call him back. I'm the only thing that I
care about is that he I mean, once you have somebody's phone number and
kind of their name, you knowwho they are. I mean, everybody
(33:58):
knows that. It's stand. Icalled him back. A sheriff's department doesn't
go ahead? What did they say? So? I want to speak to
your supervisor? And he said,oh, I need to know your name
and who you are. And Icalled him from a different phone and I
said, what did he say?He? What did he say? He
wanted nothing, absolutely nothing. Hewould not tell me anything. And the
only thing I worries me is Icalled him back and said, yeah,
(34:21):
well you're not the sheriff and Idon't care. And hey, can you
give us that number off the air? I certainly will good. I want
to play with that number. SoI want you to give it to us
off the air, because obviously youknow, here's what it is. Most
of the time you didn't show upfor court. There's a summons for your
arrest. Blah blah blah. Giveus that number. We'll have some fun
(34:44):
with it. I'm Tom Martinez.We got more coming up on the Troubleshooter
Show. Now we'll go back toa Compass Insurance Group two because they're getting
some reviews of insurance at three hthree nine ninety six nine thousand and get
a free insurance review. Let usknow how much they saved you. Plus
we have some texts questions in aboutinsurance and the crisis for town homes and
condos. Go with a sure thingDenver's Best roofer Excel Roofing dot com.
(35:08):
You don't pay a cent until you'recontent. Please time for an insurance check
up free, no obligation comparison callCompass Insurance paying too much your coverage at
dozens of insurance companies find out nowthree O three seven to seven to one
help. You'll think you're his onlycustomer when you choose Frank durand the real
(35:28):
estate Man dot com to list yourhome with Remax Alliance three oh three nine
two zero sixteen twenty two ripped newsyou needed, that's who you don't have
run anxious as fast as we can. Shooter's gonna help. Come man,
(35:54):
this is the Troubleshooter Show. NoTom Martine. Hello, I'm Tom Martine.
Welcome to the show. Three ohthree seven one three talks seven one
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dot Com three oh three nine zerofour two thousand. Okay, Now,
John Fuller, you hear me talkabout my accident lawyer dot co. He's
a personal injury expert as well.Of course, Now I want to talk
about this with Dennis. He sentus pictures, and god, I want
(36:58):
to know the circumstances. But thepictures are horrendous. I mean, a
chunk out of your door. Isthat your daughter? By the way,
yes, sir Dennis. How oldis your daughter? She'll be twenty one
in July, and she had thischunk taken out. Can you explain the
(37:20):
circumstances from the very beginning? Okay, John Fuller is listening. He's a
personal injury attorney. As I said, we just want to get a perspective
on this. So can you startfrom the beginning. What happened? My
daughter had spent the night at afriend's house. The dog was there.
She was there, her friend wasthere. She was walking up the stairs
(37:43):
from the basement. The dog wasstanding at the top of the stairs and
when they got as soon as shegot like eye level with the dog,
it latched onto her face. Nowwhat kind of dog it's I believe it
was a chow minx mm hm,and it just it just jumped up in
(38:06):
bitter face. Did she talk tothe dog? And I'm just curious,
like, did she say hello dogbecause she was walking up? Okay,
no, did the dog And I'mjust curious more than any did the dog
leap at her or what lunged?Yeah? For what she told me that
she was just walking up the stairsand the dog. You know, she
(38:30):
said that she had a hat onlike a like a winter snow cap with
a ball on the top. Didyour daughter go to the hospital, yes,
sir, And what did they dofor her? What? So?
What? What had happened is?I didn't find out about this until the
next morning. So how long agowas this? By the way, this
(38:52):
was about one year ago? Ohoh oh, okay, okay, Then
what happened? Okay, so youfound out about it? But she went
to the emergency room. Then whatSo she got stitched up, and she
went back to the house and avoidedthe dog. We got her the next
(39:13):
day, and so the people thatown the dog will not give us their
homeowners and she's going to be scarredfor life. I mean, those are
massive. Well hold on, atthe emergency room, did they recommend a
plastic surgeon or anything? Yes?Did she have plastic surgery? Not yet?
(39:38):
Not yet. You probably can't yetlook at those wounds. Thank you,
doctor Major. I thought maybe thatyou could. I don't know,
but I'm glad we got your opinionon that. I want to talk about
something. I'm just kidding. Iwant to talk about something when this this
is a terrible thing. I wantto know something though, you meet,
(40:00):
when you ask them for their homeownersthey just flat out said no. Yes,
so the people who own the house, they're divorced and the father doesn't
live there, the mother does withthe child. Well, how old is
the so called child? Your daughterwas twenty when she went there? Right?
(40:22):
Yeah? So yeah, so herchild twenty years old? Same thing.
Well, she's not a child,So I don't know if that does
anything. We're gonna let John Wayin on this. But the twenty year
old, did she live there orwas she there for the night? She
lives there? Okay, now whooall right, so my my daughter was
(40:46):
referred to an attorney from a familyfriends. Worst thing you could do,
first, worst thing you can dois get get a referral like that.
What happened? Did you hire them? No? They had. They had
said that they would take the caseand they weren't going to charge a fee,
but they were going to take itout of her settlement. Well that's
(41:08):
what everyone does. That's what everyonedoes, right And now now they're saying
there's really nothing they can do.They can't get the homeowners insurance information.
They're okay, okay, that thatattorney that attorney said, we can't do
anything because they won't give us theinsurance company information. Yes, I missed
(41:31):
it today. He sign up?Or did this daughter sign up with this
attorney? Did you enter into afee agreement? No? No, my
daughter was. Well let me askyou something this attorney was It was it
a he or she? It wasa she? Was? She? Was?
(41:54):
She a personal injury attorney? Idon't know my daughter was. So
a friend, a friend says,go see this attorney. You have no
idea what this attorney's credentials are.You have no idea if she's ever ever
(42:15):
stepped into a courtroom. You haveno idea if she was personal injury knowledgeable
and your daughter went to see her, Well, she was. She was
referred because the friend of referred herto this attorney had dealt with a dog
bite with this attorney, and okay, they were going to handle it.
My daughter and my oldest daughter,we're going to handle it. And because
(42:36):
I'll get upset and maybe there isan insurance I just thought of that.
Now, Well, here's what Iwant to know. You're saying that this
house was was owned by the girl'sparents. The girls, the twenty year
old girl's parents are divorced. Isthat right? Perfect? And what kind
(42:58):
of house is it? I'm justcurious. It's like dollar wise, it's
I would say, I don't knowtoday's market, probably five hundred thousand.
I want to know something from BrianBurns real quick. Hold on, Brian,
Is there a way to find outwho's somebody's insurance carriers? Is there
a way not not home insurance?Auto insurance, yes, but not home
(43:20):
insurance. Okay, Now, JohnFuller, why don't you weigh in on
all of this and we'll shut up? All right? Well, listen,
here's the deal. I'm going totell you the problem. I'm going to
tell you what the law is,and then I'm going to tell you what
we can do about it. Okay. The problem is the dog bite statute
(43:42):
in Colorado sucks. It absolutely sucks. The first time bite by a dog,
there's a free bite. In otherwords, there's nothing that we can
do other than to go and collectthe medical bills alone. No pain and
suffering, no compensation for the scar, the medical bills alone. The only
thing you're allowed to collect are economicdamages when a dog bite occurs in Colorado
(44:07):
because of the laws that we have. Now, if there's been a history
and the dog has a propensity forbiting, in other words, that first
bite has already happened to somebody else, then the statute allows you to go
after non economic damages, which isder classic pain suffering, compensation for the
(44:28):
scarring, all that kind of stuff. But without a history, you're limited
to just the out of pocket expenses. And that's why it universally sucks to
get that by a dog in Colorado. Now let me just say this.
The third thing is that sometimes evenif a dog doesn't have a bite history,
we can, and I have,successfully taking cases all the way to
(44:52):
trial by declaring that dog a dangerouscondition that the landowners knew or should have
known of, and basically proceeding asa premises liability case. And in the
case that I took, the trialon that of somebody let dangerous dogs out
of a pen and let them justrun loose and they attack the lady.
But we, you know, wehad reason to characterize the dogs as a
(45:15):
dangerous condition. So there are circumstancesin which we can prevail on something other
than the dog statute. Now,the last thing I'll say is this,
if somebody has home owners insurance,and they won't give you that information.
They just refuse altogether. If youhave an otherwise viable case and you decide
(45:36):
to file that case, and youknow, with a lawsuit, and right
after they answer the lawsuit, thevery first thing that they have to do
by law is to provide you withall of the information for any policies of
insurance that they have that might beavailable to cover the losses that you're suing
about. And so the moment youfile the lawsuit, their willingness, their
(46:00):
interest, their desire, and youhaving that information goes right out the window.
They have to give it to you. Period. Further, they will
have an absolute interest in getting thatinsurance company involved, because the insurance company
has to provide the defense attorney toprovide a defense. And so not only
will they give it to you,but their attorney will give it to you,
(46:22):
and they'll be calling that insurance companyso fast it'll make your heads down.
Now here's what I want to know, John, you mentioned, John,
you mentioned the first dog bite isfree. What I want to know
is this now. Then you alsomentioned, of course you could make an
argument that possibly it's a premises liability. They knew a dangerous condition existed.
(46:45):
But what I'd like to know is, going back to the dog bite,
we don't know if it was thefirst dog bite. How do we find
out? Yeah, well okay,so yes, you did tell me about
it. So we called the LittleTen police department to make file a complaint,
and we had the Little Ten deputycome out. The animal control guy
(47:10):
he talked to the homeowners would geta nice get together, called it a
level five bite. Super nice guy. He called me back and said it
was the first bite that that doghas ever been first, the first reported
bite, right, John, Imean, how do you know that?
Yeah, you don't, Mark,but you can't just make it up.
So I was going to say,the way you found out list by going
(47:34):
to your municipality and talking to findout whether there had been fire complaints prior
notifications of other bites and that kindof stuff. Otherwise, you wouldn't expect
a homeowner to say, oh,yeah, this dog has bit the postman
and the neighbor and you know everybodyelse. You can talk to neighbors,
you can try to find witnesses aboutthe dog being aggressive. There are ways,
(47:55):
but it's not as clean cut whenyou don't have a prior report or
documented about that dog. Right,So the deputy for the Littleton Police Department
had told me that the dog wasgoing to be quarantined at the house,
I believe for three days and thatwas it. They still do they still
(48:16):
have the dog? Yes? Anddoes your daughter still is your daughter still
friends with the girl? No?Hey, I got a question for John
on this, John, if youcan't go over after other damages, besides,
you know, whatever the whatever thehospital bills are and the medical bills,
(48:38):
how about this. Why would anattorney take that? Then why would
someone like you take that? Orcan you go after is part of the
cost of legal fees or how doesthat work? Well? John just said
if it was the first dog byone of the strategies is taking it as
a premises liability case. John,Right, Yeah, what I said was
(49:00):
the statue doesn't offer you a lotof relief. And when I say the
first bite's free, I don't meanthat it's free. But since you can
only recover out of pocket expenses,there's not a tremendous motivation for going and
doing it, particularly if the healthinsurance company you know, demands subregation and
once can get paid back. There'sjust not a lot of incentive to go
do it. But there are otherways to go about skinning the cat here,
(49:23):
and and one of those is topursue it as a premises liability.
But Tim, you have to havethe facts that that give rise to an
argument that the dog was a dangerouscondition of the property. And and I'm
not being flipping about that, butyou have to have something to go on,
right right, I'm telling attorney's outthere that don't know anything about dog
(49:46):
bite cases and see the picture ofyour daughter's face and think, boom,
this is the case I've been waitingon. I'm going to make a gazillion
dollars. And I'm not telling youthat the homeowner's insurance won't throw own money
at that, just based on thefact that it's a kid. But how
does he even get how does heeven get the economic damages right now?
(50:08):
And even a small settlement if thehomeowners won't tell him who the insurance is
to him. Okay, so whenonce you file a suit, you don't
you don't have to go through withit, but you you file a suit
for economic damages? Yep, howmuch are Dennis? Do you guys?
Have economic damages at this point.One question, do you had the stitches?
(50:31):
And Dennis, I'm asking out ofpocket? What do you have?
You know, you know, adeductible going to the er? Really that
was it? What about the plasticsurgery would they be on would they be
on the hook for plastic surgery tocorrect it? John, Yes, Well,
(50:52):
Dennis, that could be a lotof money. Yeah, okay,
so we put together you know,eight or ten thousand dollars, maybe fifteen
if you had plastic surgery on thereas well. I mean you can get
you can get a high enough figureto get, you know, procedurally into
the district court or certainly into thecounty court. But I'm just telling you
(51:15):
people that won't give you that informationusually it just shows that they're pretty damn
ignorant about the process, because youknow, as soon as a lawsuit gets
filed, they'll be clamoring to gettheir insurance involved because that's how they get
a defense lawyer. That's that's goingto be on their guy. And it's
a duty of theirs to let theirinsurance company know, John, this is
(51:37):
serious. So I want to aska question. Most attorneys won't take this
on contingency, because we're talking aboutfifteen maybe twenty with Plassenger, who knows.
But here's what I want to know. What would it cost do you
think for him to get on anattorney just to file the suit so he
can get the information? You know? The problem with that, I mean,
(51:58):
if you want somebody to go,you know, draft a pleading,
that's something entirely you know, separate. But no attorney is going to sign
on just for the limited purpose offiling the lawsuit, because then you have
to seek permission of the court toget out of the Oh. So that's
that's kind of the deal. Oncewe're in, we're in until the end.
And so I mean, listen,it's one of those things that it's
(52:21):
just terrible. I hate the dogbite law in Colorado. There are different
rules in different states that this casewould be worth an absolute fortune with a
child with with injuries to her face. But Colorado, because we have a
long history of thinking that anything tortrelated is bad and we must, you
know, we must pass laws toprotect your your you know, protective citizens
(52:46):
from uh these these over zealous lawsuitsor whatever the reality is. But but
they're just bad. They're bad forconsumers. It's no different than the ballid
issue we have coming up this yearon the caps that we haven't Colorado.
Our legislature thinks they're smarter than theaverage jurity when it comes to figuring out
(53:06):
what a case is worth. Andwe've been doing that and accepting that for
thirty something years. It's time tochange it right now, and we have
an opportunity coming. We have totake this break. But Dennis, I
don't know if you're going to getan attorney to file even a lawsuit,
even if you want to pay him. I mean, I don't think.
I don't know if there is away to compel those people to give their
(53:29):
insurance up. I don't know.I mean without a lawsuit? Does he
do it himself? John? Whatdoes he do? You absolutely could do
it yourself. And if you're inthe county court level, if your bills
are hire enough to get into that. The very first thing in their twenty
six A one disclosures that have tobe filed thirty days after the answer gets
(53:49):
filed. The last section of thatform is identify any insurance policies that would
be available to satisfy these damages theyhad. Dennis, maybe that's what you
want to do, and maybe youjust want to hire an attorney as a
consultant to help you fill it outand maybe not take the actual case and
represent you. I gotta run,we gotta take this break. Go with
(54:13):
a sure thing Denver's Best roofer ExcelRoofing dot com. You don't pay a
cent until you're content. Time foran insurance check up free, no obligation
comparison call Compass Insurance paying too muchyour coverage at dozens of insurance companies find
out now three oh three seven sevento one help. You'll think you're his
(54:34):
only customer when you choose Frank durandthe real estate Man dot com to list
your home with Remax Alliance three ohthree nine two zero sixteen twenty two.
Listen, Hi, Tom Martino,your trouble shooter three oh three seven one
three talk three oh three seven onethree eight two five five. Are we
(54:59):
positive that that's the number, that'sthe one Julie gave me? Yes?
Okay, all right, So basicallythat number claims they're with the sheriff's department.
It doesn't come up as a sheriff'sdepartment number at all. And Julie
when they first left a message foryou. What did they say? He
(55:22):
said, this is sorry, letme try to go to the message without
hanging up. Deputy Callaway, isit? I said, this is Martin
Callaway with the Jefferson County Sheriff's Office. You need to call me back.
I want you to call me backat the extension four nine eight. And
(55:44):
they said the extension number again.Okay, so I'm going to do that
right now. Let's see what happens. Let's see. Do you hear anything
disconnected? Right away? Hold on? Let's try that again. I tried
hold on. I don't it's notgoing it just it doesn't go through.
(56:10):
Did did it go through when youdidn't try calling back? Or you did?
Yeah? I called back. Yeah. Let mean, I don't know
why mine is not going through.It's three oh three five zero two two
eight seven six. I don't thinkthat's right. Just a second, let
me try to Yeah, that's right. I didn't think it was either,
So thank you very much for checkingthat, because I was told that was
(56:34):
the number. Yeah. I thinkI think that's close, but I don't
think that's it. I don't know. If I a second, let me
sure if I can go back inthere. Yeah, I'm going to tell
you what. I'm going to putyou on hold again. We'll see,
We'll try it one more time.Three O three seven one three talk seven
one three eight two five five.I asked them to double check that.
They said they did, so,thank you. Now, Patty's got a
comment on the dog bite. Goahead, Patty, what is your comment?
(56:59):
Yeah, I caught the just themiddle part of that dog bite.
Years ago, I was bitten bya dog as well. I was meeting
with a client at their home.I'm in Colorado Springs in El Paso County,
so they actually don't live within thecity part. So anyways, lung
(57:20):
story short. I always tell myclients when I meet with them to please
put their pets away. They hadheld onto their dogs. When I got
out of the car, one ofthem nipped at me. And I have
a friend who worked for CSPD,and she said, you've got to call
El Paso County. I reported it. They got a ticket for dangerous animals.
(57:46):
I requested their homeowners insurance because Ihad puncture wounds that ended up getting
infected. I requested their homeowners insurancefiled a claim. They ended up canceling
the claim. I did my owndue diligence, looked online on how to
file a claim for them for howto get reimbursed for my medical expenses after
(58:14):
they closed out their homeowners and asyour attorney that you use online or for
your show mentioned on getting reimbursed andall that they refused to pay me for
my medical I did not have insurance, so I didn't have to file anything
with the DA somehow. And Ican't remember because this was about fifteen years
(58:37):
ago that she got involved and sothey had to go to court. Now
bear with me, because I'm tryingto remember back then the I was able
to get and I believe, andyou're gonna have to bear with me here.
I believe I was able to geta personal injury attorney because, like
(58:59):
I say, I was able todo the paperwork and as your attorney mentioned
on all that kind of stuff,I did all that stuff by myself and
got an attorney to check everything.I believe I paid him like a thousand
dollars and again, and what didyou end up getting? I did end
up getting a settlement. He triedto contact me, this client to try
(59:22):
to settle out of court, butmy attorney as well as everybody knows you
don't talk to him. He endedup getting a fine. The DA contacted
me and asked me what I wanteddone as far as this person, and
I said, and I'm not ananimal lover, but I don't want anything
(59:42):
to happen to animals either. Yeah, And I said, it's not the
dog's fault, it's his fault,and he said, he called me back.
The person was fined. They hadto put a chip into this animal,
they had to the Humane Society hadmonitor this animal. Ended up being
that the animal was a rescue froman abused home and so he had to
(01:00:07):
be closely monitored. And so Idid get a settlement from this person.
Yeah, and homeowner's insurance was somehownotified. So, like I said,
I missed the beginning of what happenedto this poor little girl. And so
I would imagine that somehow their homeownerswill be notified in Colorado from my understanding,
(01:00:30):
lest the rules have changed. Theyand I didn't hear what type of
dogs bit her, but in mycase, it was and I always mixed
this up. It was a whimerwrinder that are supposed to be friendly,
but you know what. That's goodthough, because what you said was you
basically said that you can pursue thison your own and be successful, and
(01:00:55):
that's the bottom line. So that'spretty cool. Three o three seven one
three talks seven one three eight twofive five Go with a sure thing Denver's
Best roofer Excel Roofing dot com.You don't pay a cent until you're content.
(01:01:17):
Time for an insurance check up free, no obligation. In comparison,
call Compass Insurance paying too much yourcoverage at dozens of insurance companies find out
now three oh three seven seven toone help. You'll think you're his only
customer when you choose Frank durand thereal estate Man dot com to list your
home with Remax Alliance three oh threenine two zero sixteen twenty two. You
(01:01:39):
know I'm gonna try this again.I'm gonna call this so called sheriff's department
see if I can get through onthis line. It was they're calling people
saying to call back sounds like ascam. To me, leave a message
(01:02:15):
after the beef, I'm looking fordeputy callaway. Please can you call me
back? Three oh three six'two seven eight four six six well,
(01:02:36):
yeah, I just don't think thatwe're going to get through to this guy.
You got right through, Julie,Oh yeah I did. Huh.
I kind of kind of got alittle angry with him though. Maybe he's
screening his calls. Now, Well, thanks for calling. I'm gonna keep
trying it. But man, I'mtelling you you you bring up a good
point. I'm glad we had arefresher course on it, and that is
(01:03:00):
the Sheriff's department is never going tocall you. Okay, there's just not
How easy is that? Now,Chuck? What is your issue with Midas?
Hey, Chuck, what's going on? You helped me a long time
ago, so I really appreciate whatyou did. What was the I'm just
(01:03:22):
out of curiosity. What was thatproblem? I had a skylire car.
I took it into my h toNAPA on and the mechanic he kept it
forever. How long ago was that, Chuck? Oh my god, you
(01:03:43):
know I was thinking about it.It's like over twenty years ago. So
you took it to I was justcurious because sometimes it sparks a memory.
Was it one I took on theair? No? No, no,
no, So yesterday when I calledit. I talked to Kelly and said
that I could talk to you onyour podcast. Okay, so what's going
(01:04:09):
on with this Midas. I tookthis car that I inherit from my folks,
and the breaks were not worse.It was like I didn't have breaks
and I was getting rolled. Whattell me about the year making model.
It's a two thousand and three Saturn? Okay? And you took the Saturn
(01:04:32):
to Midas, Yes, and theydid a free estimation free and they would
do, you know, a thoroughjob finding what's needed? I told him,
yeah, man, I even broughtup this my the serpent Yes.
So what did they find? Theysaid, uh, that knew there was
(01:04:56):
numerous things. It ended like twothousand dollars that I can't do this,
and then so I picked the onesI want to need it. I said,
the disc brakes, can you checkthe pads and and do the serpentine
and I'll do the brake flush.And they had already given me an estimation
on that that was like a totalof four hundred. Okay, so hold
(01:05:20):
on, Chuck, let's get tothat part. So you chose to basically
have the brakes done and a flush. Yes, Okay, now the brakes
the break. What are you havingproblems with the brakes or the flush?
And now just it's the heat.When I left the car, and then
(01:05:45):
he called me up a few hourslater and he said, your brakes and
your your brake pads in the backrear and my front disc brakes were fine.
But the drums in the back,we're like rusty, worn out.
And at that point she said,we have to take that and we have
(01:06:06):
to uh what was the spin thedrums or something? Yeah, you got
to put them on the lace.So what happened? He said, But
the drums could break? I know, I know it because they're old.
We get it. So go tothe park where they did they break or
what? No? No, no, He called me up like two hours
(01:06:32):
later he said, everything, thedrums are, we didn't break. We
got them on. We cleaned thatda da da, and hed come come
and pick it up. And atthat point, I says, you have
a finance payment plan here, andwe got that set up with Snap Finance.
(01:06:56):
How much let me ask you something, Chuck, how much was this
all going to cost? What Iset agreement with for four hundred and some
bucks? Okay? And I gotand it cleared with the finance companies.
I can make three payments in onehundred days, so okay, and I
(01:07:19):
took the car and I felt thecar felt good. I said, well,
this is so good, and itjust got it started. I couldn't
go over thirty or thirty five milesper hour. I put the brake.
Okay, here's what I want todo. If you can do me a
favor, tell me what the problemis today. It's work, like I
(01:07:42):
told the system manager. Took thecar back and I said, it's feel
worse than I did before. Allright, hold on, we'll come right
back to you. Chuck. Now, I understand you spent that money.
You got to make payments. You'rewondering what the hell is going on with
this? By the way, GenesisTotal Exteriors dot com. Did you hear
them? They have all the newand latest technologies, including smog eating roof
and they have this paint that doesno outgassing. And it's all at Genesis
(01:08:09):
Tootalexteriors dot com. Go with asure thing Denver's best roofer Excel Roofing dot
Com. You don't pay a centuntil you're content. Time for an insurance
check up free, no obligation comparisoncall Compass Insurance paying too much your coverage
(01:08:30):
at dozens of insurance companies find outnow three oh three, seven to seven
to one help. You'll think you'rehis only customer when you choose Frank durand
the real estate man dot com tolist your home with Remax Alliance three oh
three nine two zero sixteen twenty two. Hi Tom Martino here three three seven
(01:08:57):
one three talk. So Chuck hasa problem with Midas. He took his
two thousand and three Saturn to Midasfree estimate for two grand. He couldn't
do it, but he said forfour hundred. He's going to do the
break thing through staff financing. Nowhe is the problem because he says it's
worse than ever. Are you sayingthere's no improvement in your brakes? Chuck?
(01:09:19):
No, there's no no improvement.What do they say about that?
They have a warranty? What dothey say about that? Well, when
I went back to him, Isaid check can you? He said,
what's going on with the car?And I said it's And I gave him
the same Chuck. Let's get tothe part where he gave you an answer.
(01:09:39):
What did he say for another sevenhundred dollars it would cost it for
new drums and new pads. Now, hold on, but he just did
a break job for you. Whywill it require another seven hundred dollars because
(01:09:59):
he he just spin the drums.He said the brakes and the disc brakes
and the pads were fine, andhe did a spin on it on it,
and now he has to replace withnew drums and some pads. Yeah.
(01:10:23):
Yeah, But what I'm saying isthey should at least give you some
credit for the old work they didif it did not help you at all.
I mean, here's what I wantto do. I want to give
this to Deputy Doc to call andto see what he can do to help
you. So hang on, okay, we're gonna call over there and see
what the hell's going on. Threeoh three seven, one, three eight,
(01:10:44):
two five five more coming up.Go with a sure thing Denver's Best
roofer Excel Roofing dot com. Youdon't pay a cent until you're content.
Time for Anturan check up, freeno obligation comparison call Compass insurance paying too
much your coverage at dozens of insurancecompanies find out now three all three seven
(01:11:08):
seven to one. Help. You'llthink you're his only customer when you choose
Frank durand the real estate man dotcom to list your home with Remax Alliance
three all three nine two zero sixteentwenty two. Yeah, d need it
(01:11:29):
so you don't have come. Runin as fast as we can. Shooter's
gonna help come man. Six isthe Troubleshooter Show. Now Tom Martino,
Hi, Tom Martino here, Welcometo the show. Three oh three seven
one three talks seven one three eighttwo five five love doing the show.
(01:11:54):
Thank you for being here. Waterprosdot net can do a whole house water
purification, softening and contioning system aroundthree thirty four hundred dollars. You can
go higher if you want, dependingon what you want to add. But
here's the bottom line, the bestwater ever, the lowest price. That's
it. If you go comparable toa normal plumbing company, you're going to
pay fifteen grand. No matter what, you're going to save money. Three
(01:12:15):
oh three eight six two five,five five four. Now back to the
phones. We got a lot goingon. We got compass insurance with us.
Say here's one thing I want toask and I'll go to the wide
shot here Brian Burns, Compass Insurance. I'll go right to the phones.
Please get your calls in three ohthree, seven to one three talks seven
one three eight, two five fiveor three oho three Martino, that's good
(01:12:36):
twenty four to seven. If you'relistening to a podcast, Brian, premium
increases. I ask for texts atfive seven, seven, three nine.
Put Tom in the in the title. People are complaining about the same thing.
And that is why our insurance ratesgoing up. And I think it's
because of all the storms, rightbottom line, go ahead, Yeah,
(01:12:57):
last year specifically, and it's beena bad had a few years for Colorado,
but last year was one of theworst hail seasons that that Colorado has
seen. So yeah, insurance companies, there's a lot of them that shut
down new business last year. Sowhat are the average rate increases? Oh
my gosh, I would say mostthe ones that we see coming in,
(01:13:19):
I would say are in excess totwenty percent. God, some are I've
seen them, you know, withoutacclaim. I've seen them going up sixty
percent. Oh my god. Yeah, there's the rates are going up,
and the problem is, uh,you know, let's say you take a
twenty percent rate increase. We're shoppingaround, We're contacting our customers and saying,
(01:13:40):
hey, your rate's going up twentypercent. Here's what's going on.
A lot of times we can't finda better deal. It's still the best
deal after unless you're really wanting tocut coverage, and you can. You
can cut coverage and get your costsdown if you want to. You don't
want to do that, no,but we give people the option because you
know, when you say when yousay cute, don't you don't mean cut
(01:14:01):
the value under to what it shouldbe. No, I mean more of
much higher deductibles or root. It'sreally where your premium is coming in.
Why it's going up roofs, that'sit. It's it's hail. It's it's
wind in hail in Colorado. Soif you take a higher deductible for that,
you could pretty much be normal.Yeah. Or let's say, you
know, we're letting them know,Hey, you know what you've got right
(01:14:21):
now. We have carriers that douncapped replacement cost that is almost impossible to
find now. And so even withthe carriers that offer it that we have,
some of them won't do it anymore. And so we always tell people
listen, we can move you,but you're going to lose that is is
that important to you? Do youdo you really want that? Or you
know, if they go get aquote in the market, they're probably getting
(01:14:43):
actual cash value on the roof andwe just say, hey, we can
do that if you want it.It will lower rates. But is that
So you got to find out whatpeople want to do. Do they want
to take on more of the riskand get their rates down or would they
rather pay a higher rate and haveyou know, better coverage. All right,
so that's the insurance checkup we're doing. Maybe you're paying too much unnecessarily,
(01:15:05):
maybe not. Maybe you can havebetter coverage cheaper or for the same
price. Do a free insurance checkupat three h three nine nine six nine
thousand right now. Now, Timwas on yesterday and he this is the
weirdest problem we've seen. And Italked to Deputy Chopper about it, and
(01:15:25):
here's what happened. The price ofthis one vehicle he was interested in was
advertised as having a toe package.I just want to say this straight up.
I've done some research on this planet. Hyundai sucks. I wish I
didn't have to say that because theowners aren't bad people. But Planet Hyundai
(01:15:47):
sucks. They suck. I don'tknow if it's intentional or not, but
they suck. First of all,their definition of a toe package is alone.
They're the only ones that call atoe package wiring, and not even
complete wiring, just wiring from thefront to the back. So if you
ever want to do towing, there'ssome wiring there. Everyone else in the
(01:16:12):
industry calls a toe package a hitch, the actual receiver and firing and the
receptacle receptacle. Now that's what ninetynine point of the market calls a tow
package, except Planet Hyundai, becausethey want to be able to advertise a
toe package on their prices and makepeople think, oh, that's a great
(01:16:36):
deal, and they call then theyfind out, no, you got to
pay another grand for the toe package. So Planet Hyundai is purposely, in
my opinion, misleading consumers. Purposelypurposely because even Hyundai itself disagrees with Planet
(01:16:59):
Hyundai on the definition of a toepackage. Now, if that's not bad
enough, Tim called and he said, all right, let's get past the
toe package. I'll just buy it. He was willing to buy it They
wouldn't sell it to him at thatprice, not even without the toe package.
(01:17:25):
They told him it was a mistake. So they corrected the price online
and they put it up another thousanddollars. We had someone else call.
They would not sell it for thatprice. So what is an advertised price
(01:17:46):
for Planet Hyundai, the so calledone stop shop, the one price shop.
It's to get you in the door, and, in my opinion,
to bait and switch you. That'smy opinion of Planet Hunting. Now.
When Tim first called, they gavehim a hard time, said they wouldn't
do that. They're too nice,too sophisticated. I've been around too long,
sell too many cars. Nope,they do. I'm gonna hope it's
(01:18:09):
not the ownership, and I don'twant to go into why. I'm hoping.
They have some errant managers, supervisors, sales managers, web people.
They suck, and I advise peopledo not go to Planet Hyundai. Do
not. Okay, there's no twoways about it, because I'm going to
(01:18:29):
add insult to injury. I wishDeputy Chopper was on, but he's not.
Yesterday, after we started talking aboutthis, the one unit we were
talking about it went from thirty sevensomething something something to thirty eight something something
something, and after we talked aboutit on the air, Tim, it
came down to thirty five something somethingsomething right right, And then after going
(01:18:57):
to thirty five something something something,it went back up again to thirty eight
something something something. I think theyknew we were talking about it and put
it way low to get phone callsand then put it back up again.
Tim, are you there or not? If not, I got to move
on, Tim, I are youbaffled? Are you baffled by this?
(01:19:21):
I just don't know what to do. Tom, I got it, Well,
just go somewhere else. I wouldn'tlisten. I wouldn't do business with
him. If these people are this, If these people are this, if
they are this crooked about pricing acar, how can you depend on them
for anything? Well, if Icould get the car, buck, I'm
(01:19:43):
I wouldn't be dealing with them onservice or anything. Yeah, but why
don't you just buy it somewhere else? Why do you have to buy it
there? Go to McDonald hunday becauseit's not as cheap, it's not the
same price. And now, wait, are you telling me? Even when
they flim flamm you and raise theprice. It's still cheaper, No,
(01:20:03):
not that they raise the price.Well, then that's where I'm saying.
What good is an advertised low priceif they won't honor it? Right?
For Colorado Spurts, that's obviously alot of that for thirty six thousand something,
(01:20:23):
but it includes a ten year,one hundred thousand dollars lord, and
that sounds fishy to me. Well, did you want us to wait?
Have you called them? I emailedthem and I haven't gotten anything back.
I don't do well on the phone, Tom, I'm hard of hearing.
(01:20:45):
Well, here's what I would do. This is truly what I would do.
Where do you live? I haven'tthought, oh, okay, when
you said you're far enough away youwouldn't go back. I didn't know what
you meant. I thought you wereout some god forsaken place. You're right
in Thornton. Oh No, butit's a long Moneys from Thornton over to
Golden Here's what I want you todo. I would go to JFR Cars,
(01:21:14):
but only if you talk to Rodney. He's one of our people over
there. Now, here's what Rodneywill cars. Yep, they're they're a
dealer. But but they're also brokers. Okay, they don't inventory, they
source, well, they do inventorysome, but what they do is they
(01:21:35):
they they will go out and acquirecars as well. Okay, Now when
you go there or call, Iwant you to talk to Rodney. And
here's the phone number. Ready.Oh no, I'm not ready. Well,
(01:21:56):
I'm gonna. I'm gonna put youon hold because I don't want to
do this with everyone. And itdoesn't matter. She fur cars is three
oh three five two zero sixty eightthirty nine. And here's what I want
to tell you about Rodney. He'llgo out and source that car and sell
it to you, and then hewon't put up with all the bs that
you have to put up with.And I used him one time when I
was looking for a car, andhe cut through the mustard when everyone was,
(01:22:20):
you know, charging over invoice andall that crap. He took care
of me. And that's that's theonly way to do it. Thanks Tim.
Three oh three seven one three eighttwo five five. People avoid Planet
Hyundai, Please avoid Planet Hyundai.Jim, you have a question about a
(01:22:41):
trust and taxes, Go ahead,Jim, Yeah, but I have his
U one of the suggestion. UH. Twenty years ago, my mother passed
away, since she had a trustshe left me the beneficiar of For the
last nineteen years, I've been gettingdistributions from that trust and it hasn't been
tacked. Is when my mother moneyin it, they were taxed at that
point in time. This year,First Interstate Bank got a new person's doing
(01:23:08):
this for them, and they taxedme and all of my I received from
there, even though it's been taxedby that by the federal government before.
UH. I have called him acouple of times. I've talked to him,
and the only answer I get isit's taxble. No reason why.
No, I want to know,why is it taxable? Well? Hold
on a second, hold on,Jim, hold on, I'm here.
(01:23:29):
I have never heard of a trustwhere you're not taxed. I've not heard
of one, so it could bethey were making a mistake. But I
want to I don't want to maybeI'm wrong, So I want to talk
to one of our estate attorneys andask him about it, and then maybe
we have to go to one ofour accountants. But but I have another
question. You said, it's withwhat bank, First Interstate, So why
(01:23:54):
don't you just move it. Well, yeah, but I've got a great
big tax this year which I'm tryingto get resound. Okay, I understand
that, but we're going to talkabout that first. Okay. I want
you to hang on and we'll getour expert because I don't know enough about
it to let you know about thetax implications. How much is your tax
(01:24:15):
bill? It's going to be anadditional three over three thousand dollars thirt eight
hundred dollars. And what percentage isthat? Oh? I have no idea.
I'd well, let me ask youwhat tax bracket are you in?
Do you know what your what isthe total income you get gross in the
past years from that trust? Howmuch a year I've been I've been doing
(01:24:38):
about twenty five hundred, twenty fivethousand dollars a year. Yes, okay,
so you're about in a thirty twentysomething percent tax bracket. Twenty.
Well, here's here's what I wantto know. Something else I want to
know, No, not quite twenty. But anyway, what I want to
know is if you this is anirrevocable trust, right, Yes it is?
(01:25:03):
Are you special needs? Know onthat? And the reason I ask
is I wonder why that was leftto you that way. Did your mom
not trust you? I think shewas convinced that I might squander the money.
Okay, Okay, that's what Ithought. Okay, hang on and
we'll get an expert for you.I'm Tom Martino three O three seven to
(01:25:26):
one to three talk more coming up. Go with a sure thing Denver's best
roofer Excel Roofing dot com. Youdon't pay a cent until you're content.
Time for an insurance check up free, no obligation. In comparison, call
Compass Insurance paying too much your coverageat dozens of insurance companies find out now
(01:25:51):
three O three seven to seven toone help. You'll think you're his only
customer when you choose Frank Durand thereal estate Man dot com to list your
home with Remax Alliance. Three ohthree nine two zero sixteen twenty two.
(01:26:14):
Hi Tom Martino, you're a troubleshooter. Three oh three seven one three talk
three oh three seven one three eighttwo five five. Welcome to the show.
Let's continue here. So Brent Keelis with us from Kiel and Park,
their estate planning attorneys, law KPdot com. I'll give you that
(01:26:38):
number later. But Brent, Ihave a quick question. I don't know
if it's quick or not. ButKim says his mom left him an irrevocable
trust and he gets income from Okay, yep, and it's at a bank,
and for years he's been getting twentyfive thousand a year. This year
(01:26:59):
for the first time or for thepet tax here twenty twenty three the Jim,
let me get this straight before Itell Brent and he can listen.
It's a tax bill, Is thatwhat they said? Yeah, it was
a K one form that they sentme, and they had there's additional money
(01:27:19):
I've been receiving all year long.No, No, on the K one
does it specify because k ones don'tspecify the tax that you owe. No,
So it's the income that they saythat I'm receiving. Well, you
are receiving the income, I am. Okay, So I thought you told
(01:27:41):
me that They claimed you have tostart paying taxes on the income. So
I've been paying tax on the incomedistribution out of the trust fund itself,
out of the principle of the trustfund. Okay, Jim, let me
ask you this then. So Igot it wrong. So for years you've
been taking twenty five thousand a yearand you've been paying normal income tax.
(01:28:06):
Is that right? That's right?Okay, I'm sorry, I misunderstood.
I get it. But this yearor in tax year twenty twenty three,
in addition to the normal income taxyou paid, they are now telling you
there's an additional distribution from the principle. That is correct, and you have
(01:28:30):
to pay tax on that distribution.Ye, that is correct? Yes,
okay, I am not sure.Now that's a whole different thing that I
understood. Brent. Do you understandwhy this is happening or should we talk
to an accountant on that one?You know, it could be a number
of different things. You know,working with an account would ultimately makes sense
(01:28:51):
to help with the filing on it, but it could be a number of
different things. When your trust isan errorvocable trust, it sounds like yours.
Is that trust has an obligation.You know, it has its own
tax identification number, has the filewith the RS, and has an obligation
to pay tax on the income thetrust generates. Now, if they distribute
(01:29:13):
that income out to you, it'scalled distributable net income. It goes out
to the beneficiary. Then the beneficiaryis the one that pays the tax on
that income. And it sounds likethat's what's been happening for a lot of
years. Usually doesn't paying the taxon the income that it's been receiving the
dividends and the interest. Yeah,okay, that's exactly what I would be
(01:29:34):
expecting to happen, is it.Why did they make a distribution from the
principle to him this year or lastyear? Let me ask you, Jim,
they did they distribute twenty five thousandof income to you and then also
make an additional distribution of principle.That is correct. Yes, I've been
paying on the earnings from the trustthat they're making, but they're giving me
(01:29:59):
an additional appro at twenty five thousanddollars. Wait wait, wait, so
wait a minute, So you're gettingnot only your normal twenty five thousand,
but they are claiming that you gotan additional twenty five thousand. Jim,
you're not making sense. You saidin tax your twenty twenty three you got
(01:30:23):
twenty five thousand dollars worth of incomelike you have been doing in past years,
and you were prepared to pay thetax on the twenty five thousand.
However, that K one is statingyou got not only that twenty five,
but an additional twenty five. No, that of one varies. It's the
(01:30:49):
income their trust is receiving. Ipay tax and I haven't done it all
along, but I'm getting an additionaltwenty five thousand dollars from the principal in
this trust. Okay. Wow,So, Jim, I think you're missing
Go ahead, Brent, do youeven understand what he's saying? I think
so. I've got some follow upquestions, but it sounds it sounds like
(01:31:13):
they've been distributing just income in thepast, but this year they also distributed
some principal to you. Is thatcorrect? No, They've been distributing the
principle and the in the income fornineteen years, now, okay, because
that's how I think. Okay,So, so they were each year you
(01:31:34):
get a portion of income and aportion of prince, a portion of interest
or earnings, and a portion ofprinciple. Is that right? That is
correct? And and this year itchanged and you got extra principle. No,
this year it hasn't changed. Ofwhat of the money that I've been
receiving, what has changed? Themunket reported as income on the K one
(01:31:58):
form it's a twenty five doubs.I've been getting out of the principal every
year. Okay, so usually andcorrect me if I'm wrong, Brent,
usually if taxes were paid going in. She he doesn't pay income tax on
the principle, is that right?Is that right, Brent? He only
(01:32:20):
pays on the earnings, right,correct, that's where the income taxes on
out. So I think what happenedis in the past years he's been paying
a level tax based on the amountof principle that was coming out. And
I think maybe the trust didn't makeas much money. I don't know,
(01:32:41):
and more principal came out than earningsor excuse me, less, I don't
know. Something happened in the formula. It could be that the trust distributed
out more income actual income this year, yes, okay, and more income?
Does that? Jim? Does thatK one? Say that you got
(01:33:05):
all of that extra money from principal? Yes, it does. Well,
Yeah, there's something wrong in thearea. I don't think you're reading it
right. Well, no, theydidn't tell you right, You have a
K one right, Yes I do. Did you get a K one every
year? Yes? I did?Yes, Okay, can you do me
(01:33:26):
a favor and we'll have somebody lookat it for you and we'll keep it
confidential. If you want to sendus some past k ones and this year
and twenty twenty three is the one. You have a question about the K
one for twenty twenty three, right, that is correct. That's the first
time I'm getting. Could you dome a favorite? Can you send us
(01:33:46):
a twenty a K one from twentyone and twenty two and twenty three?
Yeah, I think I got cottondulos. If you can, we'll have
someone look at it, one ofour accountants and figure out why so so
the net result to you was moretax. That is correct. Okay,
(01:34:10):
do me a favorite. Jim.It sounds like you understand exactly what's going
on. Send us copies of thatK one because Brett, wouldn't you say
K one's are going to tell thestory. They should at least give you
some more information. They may notgive you the behind the scenes story as
to why there's more income, butmy guess is it will tell you,
yes, there was more income generatedthan the trust, and the trust is
always going to pay out the endthe income before principle. If they can.
(01:34:35):
Yeah, but what what he's sayingis the exact opposite of that.
He's saying it wasn't more income,he got more principle. And that doesn't
make sense because you don't pay taxagain on the principle, So that part
does not make sense. The principlewould have been passed right on to him
without tax. They make you takeout the earnings first, as I believe
(01:34:57):
that's correct. Okay, so guyat time, that's to Jackie what it
is. Okay, yeah, sobut they're making you take out income first.
But the way you said it,they're they're claiming they took out more
principle. But even if they did, you don't pay tax on the principle.
(01:35:17):
Yeah, I'm not saying it.That's what they told me. That's
what they're telling me. It's comingout of the principle. But it's taxable
no matter what. No, it'snot taxable, no matter what. If
you have a trust that where taxeswere paid going in, you don't pay
twice on the taxes and there's noinheritance. How many how much was it?
By the way, I should askthat maybe there was an inheritance,
(01:35:39):
how much total was there? Itwas just a little less than a million
dollars. Okay, there's no inheritanceon that. Okay, Jim, just
send that to us Kachina, givethem an email and we'll maybe have one
of our accountants look at it.We got to take this break. I'm
Tom Martinez more coming up and we'lltalk to Compass about insurance checkups right after
this, go with a sure thingDenver's Best roofer Excel Roofing dot com.
(01:36:05):
You don't pay a cent until you'recontent. Time for an insurance check up
free, no obligation comparison call CompassInsurance paying too much your coverage at dozens
of insurance companies find out now threeoh three seven seven to one help.
You'll think you're his only customer whenyou choose Frank durand the real estate Man
(01:36:26):
dot com to list your home withRemax Alliance three oh three nine two zero
sixteen twenty two. Hi Tom Martinohere three oh three seven one three talks
(01:36:48):
seven one three eight two five five. Now I'm going to talk to Devon
or Devon uh Devon about your carinsurance claim. So we have Compass Insurance
here. That's good. We haveBrian Burns so what's going on with your
insurance claim? Yes, sir,thanks for taking a call. So I'm
(01:37:12):
having a bit of an issue.The other day. My car broke down
and I took it to a Jeepdealership and they're telling me I have an
aftermarket windshield and that water was gettinginto it and corroding the wire harnesses and
my whole system went haywire. Howlong ago did you have that windshield done?
(01:37:32):
I never had it done. Ibought the car a year and a
half ago. Okay, hold onthere, okay, after market winshield your
used car that you bought a yearand a half ago, right, Okay,
keep going. Yeah, So thetwenty sixteen Jeep Grand Chercu Laredo,
I bought it not knowing there wasan aftermarket windshield. Most most most cars
(01:37:57):
on the road after a few yearshave aftermarket windshields, and and just just
to get right to that point,no one did you wrong. No one
has to tell you that. Keepgoing correct, Okay, Sure, So
I filed the claim. I justheard back from the claim adjuster that my
claim is denied. Well, it'snot a it's not an well I don't
(01:38:20):
know, is that an insurance claim? Brian, I'm curious to hear the
rest of your since there, whatwhat is the reason for declination? What
are they saying? They said thatthe reason why is because it's not an
immediate water action. They're saying,it's infiltration, it's it's a warrant,
it's a it's a more of amaintenance issue than it is a sudden and
(01:38:40):
casual event. Yeah, I meana casualty event. Yeah, because water
is a covered peril. So ifyou're if you you know your car gets
inundated with water. But their pointis this didn't happen sudden and accidental.
It's it's it's not like you leftit outside and a big flood came exactly.
It's they said, over time.It's like if your headliner leaked or
(01:39:02):
something that wouldn't be covered by insurance, right, right, I understand,
or your sun roof. But here'swhat I want to know. You bought
this car a year and a halfago and it had an aftermarket windshield.
An aftermarket windshield doesn't make it leak. It wasn't the aftermarket windshield is the
installation. Yeah, that's exactly right. It wasn't installed correctly. Sure,
(01:39:27):
and still there was no way ofme knowing or the corrosion either way.
I understand you're saying, it's likeI'm not getting screwed over because no one
had to tell me that. No, of course not. I mean it's
a used car. I mean youbought a used car. So when you
buy a used car, there's allkinds of things no one has to tell
you. Sure, Sure, Iunderstand. I just want to that sucks,
(01:39:48):
man. I mean I feel foryou, and I understand why you
would think insurance should cover Brian.There is a fine line between a sudden
an accidental an accidental compared to damage. Yeah, okay, so help him
understand. In what world could somethinglike this be covered. Let's say he
(01:40:14):
went out and had the windshield donetoday, and in a week or two
there was a big storm and hegoes out to his car and it's damage
and won't start. Okay, isit covered? If the approximate cause was
that water coming in and doing thedamage, and it happened quickly like that,
then you absolutely can make a caseto make a claim to that.
(01:40:36):
Yes, But if it was thewindshield not installed just right and over a
long period of time, by theway, I had the exact same problem
on a car. I had theexact same problem. So I was having
some issues and they looked near thewindshield under the I was having the Oh,
(01:41:00):
I was having the windshield done,and here's what happened. They said,
Tom, you got a lot ofcorrosion in here. They said,
it must have seeped in over time. I had the exact same thing.
So what were you thinking, Devinthat First you were thinking your insurance should
cover it. Second, you werethinking somebody should have told you it was
(01:41:23):
an aftermarket windshield. Right? Yeah, correct. I mean, but like
you're saying, I understand how thesystem works, and everyone's trying to cover
their own butts. So and it'snot that they want to cover their butts.
It's that if we lived in aworld where everyone had to know everything
about everything they buy, commerce wouldcome to a screeching halt, or things
(01:41:44):
would be so expensive we wouldn't beable to afford them. I mean,
I'm not trying to make an excuse, but you could have had that car
checked out. Now would they havefound this? I don't know. You
see, who would look for it? I wouldn't look for it. I
mean, you know, it's justyou know that expression, you know what
happens? Yeah, well you knowwhat just happened to you? Yeah,
(01:42:09):
it sucks. How much is thisgonna cost you to fix? Right now?
It's did seven thousand dollars to six? Oh no, what kind of
car is it? Did you sayit was a twenty sixteen Jeep Cherokee?
Yeah? Yeah, okay, sorryabout that man. Three all three seven
(01:42:30):
one three talks seven one three eighttwo five five. Go with a sure
thing Denver's best roofer Excel Roofing dotcom. You don't pay a cent until
you're content. Time for an insurancecheck up free, no obligation. In
comparison, call Compass Insurance paying toomuch your coverage at dozens of insurance companies
(01:42:57):
find out now three all three sevenseven to one help. You'll think you're
his only customer when you choose Frankdurand the real estate Man dot com to
list your home with Remax Alliance threeall three nine two zero sixteen twenty two.
Hi Tom Martino, your troubleshooter threeoh three seven one three talk three
(01:43:19):
O three seven one three eight twofive five. I have an email here
for an estate and uh it hasto do with something I never heard about.
We'll try to get Dan mckenzion nexthour because we're running out now of
time. But Brian Burns during thistime, I wanted to ask you something
real quick, and that is willrates We talked about rates going up because
(01:43:44):
of recent hailstorms? Right yep?Will they ever be adjusted downward? If
if we calm down with how doesthat work with premium pricing? I have
never in history heard them come down. Oh absolutely they have. Oh yeah,
we were good. We had actuallymaybe fifteen years ago when we were
doing this and rates had been climbingbecause of Hale, and all of a
sudden we had three or four yearswhere Hale was just not Who examines that?
(01:44:10):
Who examines that? Is that mandatory? Or do they just do it
out of the goodness of their heart? I mean, how do they adjust
prices? Well, it's not becauseit's out of the goodness of their hearts.
They all realize we're making money,and so they try to get business.
It's like, also, okay,they want to be want to be
competitive, They want people to cometo them. Right now, they're losing
money. Insurance companies in Colorado havelost money off of what they've they've taken
(01:44:35):
in, so they don't want business, and so they are needing to raise
rates. And if people are like, I don't want to pay that,
I'll go somewhere else. It's justhard to find anything that's better. Wow,
what happens if a state is sobad they can't make companies right there?
Look at Florida, right, Imean, look at Californoa. Does
(01:44:57):
it become a state thing to do? The states are underwriting? Yeah,
but and that's what was happening inFlorida. But now they've passed new laws
because they're losing money. Is thethe state can't afford to do this.
So now they've they've rewritten some lawsand now insurance companies are starting to go
back into Florida. So yeah,you can have a state fund for even
in Colorado. If it gets tothe point where insurance companies won't write some
(01:45:19):
of these fire risks some places inthe mountains, they're going to have to
find a solution. Now right now, there are solutions, they're just expensive.
Now what about Wow, we'll haveto talk about this coming up because
we are running out of time.You want time to answer, So we're
talking insurance. If you have anyquestions plus everything else in your life,
(01:45:40):
give us a call three oh threeseven one three talk three oh three seven
one three eight, two five fiveor three oh three Martino. That's three
oh three six two seven eight foursixty six. Go with a sure thing
Denver's best roofer Excel Roofing dot com. You don't pay a cent until you're
content. Time for insurance check upfree, no obligation comparison call Compass Insurance
(01:46:03):
paying too much your coverage at dozensof insurance companies find out now three all
three seven seven to one help.You'll think you're his only customer when you
choose Frank durand the real estate Mandot com to list your home with Remax
Alliance three all three nine to zerosixteen twenty two, Yeah, rip new
(01:46:29):
need a who you don't have?Come run anxious as fast as we can.
Shooter's gonna help. Come man.This is the Troubleshooter Show. Now
Tom Martino, Hi, Tom Martinohere, Welcome to the show. Today's
insurance day. We have Compass Insurancein the house and they've been doing some
(01:46:51):
comparisons as well. We also havebeen talking about alternatives to hind you not
alternatives. How to keep rates lowerif you have to do and ken including
playing with deductibles and roof separate fromother casualty and losses. And it's just
very complicated. We're also going totalk about this bad contractor thing. I
(01:47:15):
got Mark Schumansky on and I'm goingto try to find that original call.
We asked Mark to check something outfor us, and Marcus with Genesis Total
Exteriors dot Com we use him asan expert a lot. And Janet called
about a problem with a contractor,and I want him to start talking.
(01:47:36):
But I'm trying to find the originalcall. I'll find it here in a
minute. But what was the mainissue that she had, Well, the
contractor. She signed a contract withsomebody and he did the roof and then
he started doing other repairs and theywere supplements, and they were what she
(01:47:57):
was complaining about. She said,the supplements, it like doubled the entire
thing, right, Yeah, Andso you know, we know insurance companies
don't always pay what they're supposed topay, and that is the case on
this one too. There are thingsthat the insurance company was not paying for,
and so some of their supplements arelegitimate but then some of their supplements
(01:48:19):
are going way beyond what they shouldbe, and they're trying to take advantage
of the situation, which makes abad situation bill looks bad on contractors,
and you know, and so theinsurance companies get mad at us too at
the same point, like, well, why are you overcharging for this?
You know. One of the examples, this is a small house, the
left side of the house of thethousand dollars to paint it. That's the
(01:48:42):
only painting on the whole house.This contractor tried to supplement for fifty six
dollars just to paint one side ofthe house. Oh, that's ridiculous.
That's ridiculous. She also said,though some of the work was shoddy,
like fixing the cracks and windows orsomething. Did you check that out?
Yeah? So, uh. Inthe bottom it's a vinyl window. In
(01:49:03):
the bottom, there's a bottom piecethat holds the glass in place. It's
called the glazy meat. It's plasticor vinyl material. And on the front
window that has cracked, it's it'sgot a hole in it. And the
insurance company went ahead and said,we're gonna pay for a new window,
okay, And so the contractor cameout and did work around the window because
(01:49:26):
it has a metal metal trim aroundthe window. That's your custom vent.
Well that that was supposed to getreplaced too. Well, this contract came
out and did some cocking and someother work and it looks horrible whatever they
did, and they did not replacethe window. The window never got replaced.
So so they're they're not they're notentirely up and up no, you
(01:49:50):
know on the roof, installed theroof properly. That's all good. They
didn't do two of the vent covers, okay, but then she all less
power events power add events. Theyreinstalled the old ones, never replaced them,
and then they're not even fastened inplace. And then they're supplement for
(01:50:11):
those two well those two were partof the original plank. But then they
added a third power event in theirsupplements, Like why are you adding an
extra power event? So the ohthey really are goosing this project? Yeah,
and are they done with the jobright now? This was back in
September of twenty twenty three, that'swhen they started. They just now finished.
(01:50:32):
You know, I don't know ifyou remember the caller, her husband
just passed away last week, right, right, and so she knows,
of course this is emotional too.And then dealing with this, she did
say, Mark, I asked themto leave two times, but I was
dealing with my husband dying and hewas at home, and he died at
(01:50:53):
home, and she was dealing withthat, and so some days she goes.
A couple of days. I said, I can't handle anybody year.
But they you know, again,there was only one side of the house
you going to paint on. Theystarted doing work on the other sides of
the house that there was no damnme, John, and they started replacing
window trim and it's like and shegoes, there was never a trim on
this window, and they just putit on there. It's not done.
(01:51:16):
All right, We're definitely going toput someone on this. Now. You
know what I'd like to do,Kachina, I'd like to get Janet back
on. If we can't do ittoday, let's do it tomorrow. I
want to get Janet back on.Now that we have Mark's report on this,
Mark, thank you very much.I really do appreciate that. And
(01:51:36):
I can't I can't say enough goodstuff about Genesis tootalexteriors dot Com. He
won't do stuff like this. I'mtelling you he's a good guy and he
that's why we use him as ourexpert. Now, Dan McKenzie is here.
He's an expert on a state law. And I have an email that
I want to address and it hasto do Dan. It's the weest thing
(01:52:00):
I've ever heard of. In fact, I've never heard of it before.
This is a guy's third marriage.He was married twenty years. Okay,
okay, and on his death heleft fifty percent to his wife, So
she got fifty percent right as shewas supposed to. But now she's claiming
(01:52:25):
in addition to that fifty percent,she's entitled to something called a family allowance
under Colorado Revised Statutes, which isup to forty one thousand, and something
else called an exempt property allowance,which is up to thirty three thousand.
Have you ever heard of those twothings? Yes, they are more.
(01:52:49):
There are more elections you can makewhen you have somebody who is yes they
shared income or a dependent. Thereare various elections that you can make.
Those probably are not very substantially comparedto the fifty percent, but yes,
they're additional. But they but buthold on, So a wife can actually
get that extra money. Correct.Wow, I thought those provisions even though
(01:53:15):
I've just this is the first timeI ever heard of them, that logically
those allowances might have been when therewasn't that much money involved. And no,
but it does. It can beon top of a million dollars right,
yes, wow, So they eventhough the will might specify that after
(01:53:40):
the fifty percent, the kids getthe other fifty percent, this ex spouse,
not X spouse. I'm sorry,this widow or widower can go into
their spouse's kids stuff. Yeah.I mean, these elections are kind of
they are made before the distributions happen. So yeah, now what do you
mean these elections? So the spousehas to actually make that election. Yeah,
(01:54:04):
you have to come in and filea form to get those Wow.
This is something new, Dan thatwe've never actually discussed before. Yeah.
Yeah, yeah, yeah, it'sa mixture. I mean really, what
it's about is making sure like ifthere's credit or claims against the estate and
the state is insolvent, that likea dependent kid, for example, is
(01:54:26):
still going to get some amount ofmoney before creditors swoop in and take everything.
Oh wait, so this this allowanceis not just for a spouse,
correct, Yeah, if you havedependent kids. So not just like adult
kids or who are out of thehouse or be able to do this kind
of stuff, but for like youknow, if you got an eight year
old, like, yeah, soit's for a spouse or a dependent correct.
Yeah. And can you explain whatis exempt mean an exempt property in
(01:54:50):
an estate? So yeah, again, it's it's just to make sure,
like with the residence or with acertain amount of cash, if the making
sure that the people who are dependenton the person who passed away are going
to get some minimum amount. Becausewhat happens is like if you don't know
(01:55:10):
that you have an eight year oldout there, let's say like you can't
make any distributions until all the creditorperiod is run, Like you need some
sort of safe harbor there. Andso we know, like we're going to
be able to get this eighty onethousand bucks or whatever, we can distribute
that amount of money while we waitfor the creditor claiming, Oh okay,
so it goes so it actually stepsin front of secured creditors. Secured I
(01:55:35):
don't know about secured. I'd haveto look into that, but certainly other
creditor claims against the estate. Oh, usually secured is going to be all
right. So what it says tothe family is, no matter what,
you're going to get this much moneybeyond after the secured creditors. You're going
to get at least this much moneyand then we'll distribute to the estate or
(01:55:56):
to the heirs. Right, yeah, wow, thank you. I've learn
something, Dan McKenzie. Of course, like I said, if you need
help, you gotta call them eightthree three co plans eight three three co
plans or co plans dot co.Go with a sure thing Denver's best roofer
(01:56:23):
Excel roofing dot com. You don'tpay a cent until you're content. Time
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(01:56:44):
Durand the real estate Man dot comto list your home with Remax Alliance three
oh three nine two zero sixteen twentytwo. Hi Tom Martino, your troubleshooter
three ozho three seven one three talkseven one, three, eight, two
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Window dot com. Isn't that cool? The other one is we Clean Windows
dot see. Oh okay, let'stalk Brian Burns Compass Insurance Group every time
he's on. And by the way, you can do this every time you
call them. You can do itif you wanted to. You don't have
to wait for them to be onthe show. Three h three nine nine
(01:58:15):
six nine thousand. You can callfor what we call an insurance check up.
What is that? That's where youfind out if you're paying too much
for coverage, if you're under insured, if you're over insured, if you
can do better, better coverage,lower price, whatever, or better coverage,
same price. About eighty five percentof the time I think we're successful
(01:58:39):
at helping people. The other fifteenpercent you get an affirmation that you got
a pretty good deal. So todaywe ask them to call in and you
can do that, Like I said, every day. What examples do we
have today, Brian, here's one. A couple called in. They're with
Farmers right now for auto and homeinsurance, and they're paying a out.
(01:59:00):
It's forty five hundred on the autoand forty three seventy five on the home.
Whoo nine grand, Yeah, ninegrand. It looks like we are.
We quoted them moving them to Safeco. The auto insurance is going down
to one thousand, eight hundred andtwenty eight from forty five hundred home.
Now, crap, the home ishigher. It's fifty three oh three,
(01:59:21):
but combined fifty three oh three forjust the home. Yeah. But but
but their current dwelling limit with Farmerswas four hundred and twenty four thousand.
We did a cost estimator. Webumped their dwelling limit up to six hundred
and thirty two thousand dollars and endedup between the auto and home, saving
them over seventeen hundred bucks. Yeah, that's incredible. Better coverage, lower
(01:59:45):
price, that's yeah, that's andwe look at the total package. You
know, even though the home isa little bit more, it's got way
more coverage. So in the autois saving the money. So it looks
like here, Oh, this isone that was interesting because I know you've
had a lot of calls about lossassessment. That what what he's talked about
is the assessment coverage. Excuse me, the assessment. You get an assessment
charged against you, a capital assessmentyou have to pay in. When your
(02:00:09):
condo or town home development has youknow, you have to chip in because
they don't have enough insurance. Goahead, yep. So and we're seeing
that a lot. This person calledbecause they are with State Farm and had
no loss assessment covers. They didn'trealize it and got assessed oh fifteen thousand
dollars. Oh my god. Sothey called us. We have, first
(02:00:30):
of all, on the auto insurance, we increased them from one hundred thousand
of liability up to two hundred andfifty thousand. On the condo, we
moved them from having no loss assessmentto fifty thousand dollars and we saved them
five hundred bucks for the package.Wow. Yeah, one more USAA current
customers. USAA. We're moving intoacuity. The home was under insured by
(02:00:54):
one hundred and fifty thousand. Wegot them guaranteed replacement cost uncapped. We
moved them from a one percent deductiblewhich was six two hundred to twenty five
hundred and saved them thirteen hundred andfifty dollars plus saved them on deductibles and
increased their coverage on their home.Because they were under insured, they would
have lost. I'm telling you,being under insured is just as stupid as
(02:01:17):
being over insured. Now, Iwant to ask you about some stuff here.
And remember that's three h three ninenine six nine thousand. Anytime you
get an insurance check up, now, why wouldn't anyone do that? I
mean, gosh, so our statesrated like Colorado is? Is Colorado one
of the worst? For yes,is one of the worst or the worst?
(02:01:38):
They as of last year? Therewas an article in the Denver Post
that came out in December. Wewere number two. Who's number one?
It was? It was Texas.I think number one, yeah, number
two Colorado. Okay, I thinkit was Texas number one, and then
number two is Colorado. So inall perils are states like I would think
Florida would be it was catastrophic losses, Okay, what it was in hail
(02:02:00):
being considered, you know, catastrophe. So in all states, what would
be the wood in California, likewith mud slides and forest fires, wires
and all. Yeah, but Coloradohave more constantial losses in California. So
when it comes to just catastrophic losses, how to states ranked? You know,
I'm sorry at like total catastrophic losses. Yeah, that's what I'm talking
(02:02:25):
about. Colorado is number two inthe country in total catastrophic losses. So
you have Texas, then you haveColorado, right, and then I don't
remember, I honestly don't, butthere was a whole article about it.
But I know California is way upthere. But Colorado obviously has almost all
the problems. It doesn't have hurricanes, of course, but it has forest
fires, and it has the mostsignificant being hail. Hail is just such
(02:02:49):
a huge driver of insurance costs.Okay, So as far as condos and
townhouse We talked about this before.It is a major crisis. YEP.
A lot of companies are no longerwriting for these big places, or they
are writing, but the deductibles areso ridiculous condos and town homes and all
(02:03:12):
that they're not being able to findadequate coverage without almost paying for the damn
roof themselves. It's almost self insuranceon the roof at this point. And
so what does that mean if peopleown condos or towns? So does it
mean? What it means right nowis they're shifting the liability of that roof
onto each unit owner. So asof right now, every person that owns
(02:03:36):
a condo should be checking to seewhat their loss assessment coverage is now.
I say that right now because insurancecompanies on the property on the personal side,
those HO six's or condo policies havenot caught up on premium, that
loss assessment coverage is cheap right now. It's going to change because all that
(02:03:58):
all these assessments are now being paidfor by these condo policies that cost five
hundred dollars a year. They can'tsustain that. So at some point you're
going to see them either limit whatthey'll offer on loss assessment or charge a
healthy premium for it. Right now, that's not the case. So if
you have now, right now toget loss assessment coverage that would cover you
(02:04:18):
for a capital assessment for a casualtyloss right in order to get that,
what are the tiers and the costof that approximately? Yeah, so let's
say twenty five thousand dollars of lossassessment coverage, which is pretty healthy.
That's a healthy amount. That wouldrun you probably twenty five bucks a year,
(02:04:40):
what maybe fifty bucks a year?But oh my god. Here,
here's just to complicate things further,and we're seeing this frequently, you might
have higher limits of loss assessment.Maybe let's say you have twenty five thousand
dollars worth of loss assessment the policy. If you don't read your policy,
you could still be in trouble becauseI've seen policy where they say twenty five
(02:05:00):
thousand dollars a loss assessment unless it'sthe result of HOA deductible. No,
specifically, if it's an HOA deductible, we'll limit you to one thousand.
Well what does that mean? Soin other words, and it's ninety nine
percent of all loss assessment claims aregoing to be as of the result of
an HOA deductive Of course, Wellwhat then when does it cover you?
(02:05:23):
Let's say, let's say I'm tryingto think of an example. Let's say
there's a fire and they don't haveadequate insurance. That's not a deductible.
That's an assessment to be able topay for the damage to the house.
That's not that would be loss assessment. That is so infrequent. The by
far the most common thing is goingto be that your HOA now has a
(02:05:45):
five percent deductible on it, andso they have you know, that ends
up being say, can you getloss assessment coverage to cover deductibles? Yeah?
Most almost every carrier I will writewill be okay, But there are
some that don't. There's a lotof that, don't I see them coming
in down? Are there ones thatwill give you or sell you loss assessment
(02:06:06):
coverage for let's say twenty five Butif it's the roof, it's less.
No, I've never seen it sayanything about roof. It's specific to HOA
deductible. So you need to checkyour policy and see is there a limit
on that HOA deductible? All right? Three oh three seven one three talk
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a sure thing Denver's best roofer Excelroofing dot com. You don't pay a
cent until you're content. Time foran insurance check up free, no obligation.
In comparison, call Compass insurance payingtoo much your coverage at dozens of
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You'll think you're his only customer whenyou choose Frank durand the real estate man
(02:07:40):
dot com to list your home withRemax Alliance three oh three nine two zero
sixteen twenty two. Hi Tom Martino, you're a troubleshooter, Anthony, or
as we say in New York,Antony, what's going on? Or big
(02:08:03):
Tony? Yeah, Big Tony,that's true too. What's happening? My
aunt and uncle are retired, onlycollecting Social Security and I think they have
a small pension, but they havea paid off house roughly five hundred thousand,
and they're looking to downsize to asmaller house roughly the same price,
(02:08:24):
but in an area they like better. But of course they can't qualify for
a loan, and they can't justsell the house and hand that money over
because then they'd be living nowhere,so they'd need to move into like an
apartment or something. Is there aneasier way to do that? Okay?
So right now, their house ispaid for, correct, and they can't
(02:08:46):
qualify for a loan. I getit because of the income. So they
need a bridge loan? Is whatyou're talking about, right, and that's
what they try to get. Andthey said with their incomes. Right,
So this is an excellent idea.How old are they sixty five and seventy?
(02:09:07):
That's wonderful. You can actually usea reverse loan as a bridge loan.
Let me explain. Now, itwon't give them a full amount,
but it would give them a goodamount. So in other words, they're
only going to get on that housepossibly two hundred max. Right now,
(02:09:33):
what two hundred can do for themis it can help them with a purchase
of another house with owner financing asa bridge loan. So I'll explain this
to you. It has been done. It's a little weird, but here's
how it's done. They go towhere verse loan get as much as they
(02:09:56):
can one hundred and eighty, twohundred whatever. Now, if you find
a house for sale in the pricerange they want, most sellers would have
no problem doing an owner carry fora few months until they sell their house.
Thanky. So what happens is yousell your house, pay off the
(02:10:22):
reverse, and then go pay offthe owner carry. That is one possibility.
It's a little expensive because you haveto underwrite the reverse loan as if
you're going to keep it even thoughyou're not going to check it. Now,
what's that? But that might becheaper than renting and moving. It
(02:10:43):
could and moving twice. That's right. There is another thing you can do
is a hard money loan. Now, it used to be hard money loans
meant get screwed, okay, meaningyou know you need a short term loan
based on assets only, and peoplecharge you through the nose. For example,
(02:11:07):
it used to be if you needa hard money loan, let's say
they want to get a four hundredthousand dollars or five hundred thousand dollars loan,
they're going to be charged a fewpoints up front. Okay, So
it could be expensive and high interest, but it's only meant to be a
short term. However, in somecases where it's positive you're going to be
selling the house, is that housegoing to sell pretty well? Oh?
(02:11:31):
Yeah, I think so? Youthink so? Now is it four hundred
to five hundred? What do youthink it really will sell for? Really
five hundred? It probably would geta little bit more once to get over
Well, Frank Terran, the realestate man will do that free evaluation.
So I would do that for sure. But let's say it's five hundred thousand.
Here's the thing. If you needa five hundred thousand dollars loan to
(02:11:54):
bridge, that could cost you.Let's say at the house side, it
could be terrible. It could costthem fifteen grand just to write that loan.
I'm not talking about the reverse loan. I'm talking about with a hard
money lender and then interest only payments. So I say you might be able
to get it for ten grand.But let's say let's say yeah, because
(02:12:16):
I think if I did a hardmoney loan, i'd do it for that.
I'm not talking about me doing thisfor them. I'm just saying in
the marketplace, ten grand would bea good price for that, and then
collect interest only of about let's sayI think they'd want in today's market at
least six percent, So I wouldsay those would be interest payments of about
(02:12:39):
twenty five hundred a month. Andthat's the thing that's going to be expensive.
How long will it take to sell? You know, Frank could probably
tell you that too, but let'ssay it's going to take three months.
So now you're looking at ten andyou're looking at seventy five. So seventeen
eighteen thousand. Let's say with youknow, you could be looking at because
(02:13:03):
of their situation, with a reverseloan, or with a hard money bridge
loan, or with owner financing.Owner financing would be with the reverse,
you're looking at anywhere from ten totwenty thousand in extra expense. So if
selling and renting would be cheaper,you got to compare it to about you
(02:13:26):
got to compare it to that twentygrand at fifteen or twenty grand, right,
gotch Yes, So if they soldit and then rented, I think
that'd be their cheapest option. Truly. I don't know why they because really,
a moving is not the big deal. If you get a reputable mover
and you call us for that,so then you put that stuff in store,
(02:13:48):
that's not going to cost that muchmore. All it costs you is
an extra move and storage. Okay, really, And then add that to
what are they going to rent?For god's akes, they don't have to
have their dream home, you know, so I think they I think the
cheapest option is truly selling and renting. Now do they have pets? They
(02:14:13):
have a couple of dogs. That'sthat's easy. I can my family can
watch the pet that's easy. Yeah, So listen, man, this sounds
like this sounds like the way togo, especially with I would definitely not
I wouldn't do a reverse, andI wouldn't do a hard money loan.
Not at this point. Three ohthree seven to one three talk. Let
let's know what happens, man.We're anxious to hear. Three oh three
(02:14:35):
seven one three eight two five five. Jackie has got a comment on that.
Go ahead, Jackie, what doyou think? And I'm a realtor,
full disclosure, I think you're makingit way too complicated. I just
said to sell and rent. Now, I would just buy with a contingent
offer. Oh you find that intoday's market? Will they do that?
(02:14:58):
Absolutely? Wow? Okay, that'sa good idea. That's a good idea.
Yeah, I okay, thank you. That's a that's a good idea
too. If you can write acontingent offer where they would actually wait for
you to sell, that's a wonderfulidea. Thank you very much. And
uh, that's why we have smartpeople listening. We got more coming up.
(02:15:22):
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