Episode Transcript
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Speaker 1 (00:00):
Y'all ripped up news. You need advice, so.
Speaker 2 (00:10):
You don't have.
Speaker 3 (00:13):
Come running as fast.
Speaker 4 (00:14):
As we can.
Speaker 1 (00:16):
Shooter's gonna help come Man.
Speaker 5 (00:20):
Dix is the Troubleshooter Show. Now, Tom Martino, Hello.
Speaker 6 (00:26):
Tom Martino here, Welcome to the show.
Speaker 7 (00:30):
This hour brought to you by or this show Today.
Speaker 6 (00:33):
Buddy Mitchell simply Floorsinc. Dot Com, I should say, Buddy
and Karen Mitchell. She's really the brains, and I gotta
tell you it's a great place to go for floor coverings,
Simply floor sink. We'll be talking to him, but we're
gonna talk to our callers first. Now here's what happens.
You call three h three Martino, you get right through.
If we're not here, you leave a message. We'll get
back to you. As David will attest to Jamie and Paul,
(00:55):
they've all gotten called back, so we're gonna go to
them first, and then you can call in also at
three three.
Speaker 7 (01:00):
Seven one three talk.
Speaker 6 (01:02):
I hope in all of this madness, you know, we
really do have a lot of crap going on. I've
never seen people more upset and divided, and it's not
just election years. I don't know what's going on and
you know it's not my father talking, or my mother
or my grandmother.
Speaker 7 (01:17):
It really is happening, man. People are just getting so
pissed off.
Speaker 6 (01:20):
In fact, there's an article on marriages breaking up over
political division.
Speaker 7 (01:25):
I don't know why we can't just get along? Right?
Who said that? Anyway?
Speaker 6 (01:29):
By the way, and this has to do with disagreeing,
you can no longer disagree. If you disagree, you're a hateful,
disgusting person. And perpetrating most of that hate is the
Digital Center against or the Center against digital hate. It's
(01:49):
amazing the groups that are supposedly fighting hate create more
division than anyone in the world.
Speaker 7 (01:55):
But I digress. Listen, this is not a political show.
Speaker 6 (01:58):
Although I have comments here and there is speaking of
comments here and there and everywhere.
Speaker 7 (02:05):
Is a major Mark Major on of course I am
major Mark Major. Okay, what do you have to say?
Speaker 8 (02:13):
Well, I'm glad Buddy Mitchell's in. Honestly, man, those guys
do a knock up job. People that need flooring. I
can't say it enough. He's been out to our house
numerous time. He's done a lot of stuff, and he
does a great job. And I love the fact that
he comes to you I mean, he's got those three showrooms,
but I like him when he comes out.
Speaker 6 (02:31):
Now, let's talk to David. Now, this is an interesting
topic mold. In fact, I'm not sure mold is on
the disclosure?
Speaker 9 (02:40):
Is it?
Speaker 7 (02:41):
Mark? Do you know if mold is on the UH
seller's disclosure You've I don't know if it is.
Speaker 6 (02:47):
Actually, Let's ask Frank drand the real estate man if
you could really quickly, and then we want to talk
to Mark Schamansky about mold because he's an expert at mold.
He has Genesis tootalexteriors dot Com by the way they
do mold mitigation. Let's talk to first David and then meanwhile, Kachina,
if you could try to give Frank Dranda real estate man,
(03:08):
I'd like to ask him about it. David, what's going on?
Speaker 4 (03:12):
Okay?
Speaker 10 (03:13):
So this isn't after the fact situation.
Speaker 7 (03:16):
Sure, sure, what's going on?
Speaker 3 (03:19):
Okay?
Speaker 10 (03:19):
I had bought a mobile home and the seller must
have actually known that there was number one, a previous fire.
They have not remodeled. They fixed the mobile home, and
they did it insufficiently, and there was actually leakage from
(03:44):
the roof or whatever. There was mold in the walls,
there was mold in the floor, and so when I
bought it, I do not honestly believe that the lady disclosed.
Speaker 11 (03:59):
These these problems.
Speaker 7 (04:01):
Okay, hey may, I asked David, when did you buy it?
Speaker 10 (04:06):
Okay, this was in twenty twenty one, twenty twenty one.
Speaker 7 (04:13):
Now when did you discover all of this?
Speaker 10 (04:16):
Well, shortly after I bought it, I started trying to repair.
Speaker 6 (04:22):
I also want to get Brad O'Brien on O'Brien legal services,
he does real estate law.
Speaker 7 (04:27):
I'll go ahead, keep going. Now, is this a deed?
Is this a deed or a title?
Speaker 10 (04:35):
Well, it was, it was deeded to a piece of property.
Speaker 6 (04:40):
Here's what I'm asking. Is it on a private lot
or is it in a mobile home park?
Speaker 10 (04:45):
No, it was on a private lot. And that's my
question is what is the statue of limitations?
Speaker 7 (04:52):
Well, we have to find all this out. So here's
what we're going to do.
Speaker 6 (04:55):
Hold on, we want Brad O'Brien, O'Brien legal service, is
we want Frank Duran, the real estate man. And then
we'll also talk to Mark Schamanski about mold. So you
hang on, do not hang up. We're going to come
back to you all right now, Paul says he was scammed.
Speaker 7 (05:14):
Out of eighteen grand. I'm sure. I don't know what
that's about.
Speaker 12 (05:17):
Paul.
Speaker 7 (05:18):
What's going on? Are you there?
Speaker 3 (05:24):
Paul?
Speaker 13 (05:26):
I am here?
Speaker 7 (05:27):
How were you scammed? Sir? How were you scammed?
Speaker 14 (05:31):
In January of this year, I was approached by I
live in Windsor, Colorado, and I was approached by a
local Windsor businessman to invest the money with him to
help him grow his business.
Speaker 7 (05:47):
And how much did you invest?
Speaker 9 (05:50):
Fifteen thousand?
Speaker 7 (05:52):
Now?
Speaker 13 (05:52):
Did you.
Speaker 7 (05:54):
Did you have anything in writing?
Speaker 13 (05:57):
I did?
Speaker 6 (05:59):
And what were you supposed to get for this fifteen grand?
Were you getting ownership or what? Were you going to get?
Speaker 14 (06:08):
A six month loan to help him buy a piece
of equipment for his business?
Speaker 11 (06:12):
That was so.
Speaker 7 (06:12):
It was a loan. It was not an investment. It
was a loan. Is that right?
Speaker 13 (06:16):
That's correct?
Speaker 6 (06:18):
Okay, that's important. And you loan fifteen grand to the business.
Now what did he also sign personally? Yes, you're sure
of that.
Speaker 15 (06:33):
I am sure.
Speaker 14 (06:34):
In fact, the loan was to him for his business.
Speaker 6 (06:38):
Okay, okay, good Now what I want to know is
what were the terms and conditions?
Speaker 7 (06:44):
It was a six month loan, a.
Speaker 14 (06:47):
Six month loan with interest and light cheese if the
payments were not made on time and so.
Speaker 7 (06:57):
And what happened? Okay, and what happened? What went wrong?
Speaker 14 (07:01):
Well, no payments were ever made. I don't believe that
the piece of equipment that he told me he wanted
to purchase to help him grow his business was ever made.
Speaker 7 (07:13):
What equipment was that, sir? What equipment?
Speaker 14 (07:16):
Well, he's a he's a car detailer, and he wanted
to expand his business to include something called vinyl wrap.
Speaker 7 (07:25):
How long was he in business?
Speaker 14 (07:28):
Oh, he's been in business for probably two to three years.
And I've actually done business with him, and that's how
we came in contact over this. I've had him detail
some cars for me in the past.
Speaker 6 (07:43):
And okay, so hold on, So where does this stand
right now? When did you loan that money? Six how
long ago?
Speaker 15 (07:49):
In January? January?
Speaker 6 (07:50):
You said that? I'm sorry you said that? Okay, February
March every man. Okay, So he's passed due. So what
is he saying about it now?
Speaker 14 (07:58):
Well, it's just been a series of uses, he said. Well,
they dropped the machine trying to load it into my car.
Speaker 6 (08:04):
So did you have a security agreement of any kind
or any kind of collateral.
Speaker 13 (08:10):
I did not.
Speaker 7 (08:13):
So all you have now is the All you have
now would be the ability to get a judgment that
is correct.
Speaker 14 (08:25):
And what what I didn't know at the time. I'm
a senior citizen. I'm eighty years old.
Speaker 7 (08:31):
Oh my goodness, Okay, principle okay, and.
Speaker 14 (08:35):
So my mo I guess you'd say is has always
been to help people, you know, better their lives. This
guy has six children.
Speaker 7 (08:48):
You're a very kind man.
Speaker 6 (08:49):
You know. I've actually done a lot of this kind
of crap and been burned so many times. I can't
even tell you, Honest to God, I don't know. I
don't even I don't learn a lesson. I guess I've
done a lot of different things. I mean, I'm not
going to try to toot my horn right here, but
I need to tell you that I'm always getting kicked
in the face.
Speaker 7 (09:09):
Yeah.
Speaker 16 (09:10):
Well, yeah, you know.
Speaker 14 (09:11):
I just believed him, and I believed in him, and
that was by mistake.
Speaker 13 (09:15):
I guess.
Speaker 6 (09:16):
I think the only thing you can do right now, Paul, really,
the only thing you can do, and Buddy, you can
chime in. You're a businessman, a practical thinker. In fact,
I want to include you in more than just floor calls.
Speaker 7 (09:28):
But you do have a very logical mind. I'm thinking
this guy his main deal is a judgment. That's what
I'm thinking. It's a judgment. Yeah, that's it. That's all
he can do.
Speaker 17 (09:39):
That's what Yeah, swim and small claims court.
Speaker 6 (09:42):
Get a judgment, Well, if it's fifteen grand, it'll have
to be county court. But if you get a judgment,
then you can start attaching stuff that he owns, vehicles,
real estate, anything.
Speaker 7 (09:53):
Does he own anything?
Speaker 14 (09:57):
That's what I don't know. And what I've found out
since is that he declared bankruptcy and two twenty one?
Speaker 6 (10:06):
But did he It doesn't matter. Now that's good news.
Do you know why it's good news?
Speaker 7 (10:12):
Buddy?
Speaker 17 (10:12):
He can't do it again.
Speaker 6 (10:13):
He can't do it again. Did he do it? Chapter seven?
Speaker 15 (10:17):
I don't know?
Speaker 6 (10:19):
Okay, Well that's good. Guess what it's before your bill,
not after. He can't go bankrupt. If you get a judgment,
this guy's going to be in a world of hurt.
Speaker 7 (10:29):
Yeah.
Speaker 14 (10:30):
And so what I've come to find out is that
for me to pursue this legally, then I have to
hire a lawyer spend more money to try to.
Speaker 6 (10:41):
Well, it's going to take something unless you County court
doesn't necessarily need an attorney for this. You can go
to county court. I forget the limit of county court
right now? The maximum seventy five hundred small claims court. Okay,
so you could go for small claims court.
Speaker 7 (11:01):
I don't know, man, what do you think you don't
want to do that?
Speaker 14 (11:06):
Well, you mean try to recover at least part of
my money?
Speaker 18 (11:13):
Yeah?
Speaker 13 (11:13):
Is that?
Speaker 7 (11:14):
Well?
Speaker 19 (11:14):
No?
Speaker 6 (11:14):
Or go to county court like county court, Frank, I'm
looking up county court right now.
Speaker 7 (11:21):
The maximum is twenty.
Speaker 6 (11:22):
Five thousand dollars in county courts in Colorado. It was
increased in twenty nineteen from fifteen to twenty five. So
seventy five hundred is small mark. Seventy five hundred still
small claims right?
Speaker 7 (11:37):
Or did it go out as of this second? I believe? So?
Speaker 6 (11:40):
Oh oh, you believe it's seventy okay, but twenty five
thousand it would be county court. Listen, County court is
not an insurmountable task unless he lawyers up. But if
he doesn't, you can just you can just write out
a complaint, have him served, go to county court, show
the agreement, show the default, get a judgment. He likely
(12:03):
won't even show up. I mean I would take a
shot at it.
Speaker 7 (12:08):
Yeah, why not.
Speaker 14 (12:09):
Probably that's probably my only course of action. His latest
promise was that his mother was going to loan him
fifteen thousand, but then her father died in Kansas since
she had to go back for a funeral, and then
she was supposed to pay me when she got back
from the funeral, And of course that never happened.
Speaker 7 (12:28):
It's just been Now remember this.
Speaker 6 (12:30):
If he lawyers up, you're going to have a problem.
But you can file.
Speaker 7 (12:34):
Here's what you do.
Speaker 6 (12:37):
You have to represent yourself. That's called pro se. So
you prepare the documents. They're online, the required forms. You
go to the Colorado Judicial Branch website. Okay, I'll try
to find that url for you. It's Colorado Judicial dot gov. Okay,
all of the forms are there. Did you get that
(13:00):
Colorado Judicial dot gov. You go to the self help forms.
Go to the self help forms. File your case. You
can do it. E filing, you can do it. If
you register as an e filer, then you serve the defendant,
not you. Personally, but you have somebody serve him and
(13:20):
then you go to the hearing. If you tell your
story unless he lawyers up, you don't need one.
Speaker 7 (13:25):
Now why do I say you need one?
Speaker 6 (13:27):
If he lawyers up, Mark, tell him why even if
he's right telling me, because he'll.
Speaker 8 (13:31):
Get out and maneuvered and can lose his ass and
end up paying the other person's attorney's fees.
Speaker 7 (13:36):
With the rules of civil procedure.
Speaker 6 (13:41):
But I would try pro say first, and I really would,
And I want you to call me back, and.
Speaker 7 (13:46):
I want you I'm not putting you off. I want
you to do this.
Speaker 6 (13:49):
If you have any trouble with any part of it,
you call literally three to zero three Martino. Tom, this
is Paul, the eighty year old man. I'm having trouble
with this. Fore or I'm having trouble with this, We
will get back to you. I'm Tom Martino. We have
more coming right up. Go with a sure thing Denver's
(14:12):
best rufer Excel roofing dot com. You don'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 coverage at dozens of insurance companies find out
now three oh three seven seven to one.
Speaker 7 (14:30):
Help.
Speaker 6 (14:31):
You'll think you're his only customer when you choose Frank
durand the real estate Man dot com to list your
home with Remax Alliance three all three nine two zero
sixteen twenty two. Hi, Tom Martino, your trouble shooter three
O three seven one three talk three oh three seven
one three eight two five five.
Speaker 7 (14:51):
Okay, So I want to.
Speaker 6 (14:54):
Uh go back to David. Hey, Frank durand the real
estate Man. I want to ask quick question.
Speaker 7 (15:02):
Is mold part of a disclosure?
Speaker 16 (15:06):
Good morning Tom. The answer is yes. Here's the thing.
Two things on that on the seller's property disclosure item
too moisture, under water, you would disclose there. But here's
the second part of it. There's a portion where the
buyer signs where it says the buyer should also have
the property tested for a number of things, including the
presence of mold or biological hazards. So that's on there
a couple of times where they have that opportunity.
Speaker 7 (15:27):
Now, what do you think?
Speaker 6 (15:28):
First of all, is a mobile home on a private lot?
Speaker 7 (15:34):
Is that considered real estate?
Speaker 16 (15:36):
So Tom, here's the deal. If they own the land
and it's purged to the land, we can sell it
as real estate if it's if they're renting the lot.
The answers, no, it would be sold kind of like
a car.
Speaker 6 (15:47):
Okay, But in this case, it was on a lot
owned by the Let me get that straight, David, you
did buy both.
Speaker 7 (15:54):
The lot and the mobile home. Is that right? David? Did?
He's okay?
Speaker 6 (16:02):
And David, David, do you so you have a mobile
home on a lot and you bought both and you
did a disclosure statement?
Speaker 20 (16:15):
Uh?
Speaker 10 (16:15):
Well, I yes, I believe I did, but I did
not have an inspection.
Speaker 6 (16:20):
Okay, But hold on, here's the next thing I want
to ask. This was due to water damage?
Speaker 10 (16:26):
You said, Well, yes, I believe so, but I don't
know that for a fact.
Speaker 7 (16:36):
You said there was a previous fire. How do you
know that.
Speaker 10 (16:40):
Because of the evidence. When I actually tore it down,
you could see that that there was.
Speaker 21 (16:47):
That there was burnt wood.
Speaker 6 (16:49):
That was when you tear You didn't tear the whole
mobile home down, did you.
Speaker 3 (16:54):
Oh?
Speaker 21 (16:54):
Yes, sir?
Speaker 6 (16:55):
So what are you calling about now? I guess I
guess there's what are you calling about?
Speaker 7 (16:59):
Now? Your evidence is gone?
Speaker 2 (17:03):
Well?
Speaker 10 (17:04):
Correct?
Speaker 21 (17:05):
Correct?
Speaker 10 (17:06):
So well, about the statue of limitation.
Speaker 6 (17:09):
Well, what difference does it make if you sued right now?
If you sued right now on non disclosure of issues,
there's no remedy, no remediation, no way to go back
and fight, no way to defend themselves.
Speaker 7 (17:21):
What would it matter? You destroyed your evidence?
Speaker 10 (17:26):
Well, correct, and that's you.
Speaker 6 (17:27):
Destroyed everything, David. You tore the damn house down? Is
did you carry away the debris?
Speaker 3 (17:35):
Yes?
Speaker 1 (17:36):
Oh?
Speaker 15 (17:36):
Bro?
Speaker 6 (17:37):
What do you got a lot? Now you have a lot?
What did you pay for this whole thing?
Speaker 22 (17:42):
Too much?
Speaker 15 (17:43):
Too much?
Speaker 21 (17:44):
Come on two and ninety five?
Speaker 6 (17:47):
What kind of what size lot?
Speaker 10 (17:51):
One point two acres?
Speaker 6 (17:53):
Okay, listen, what are what would one point two acres
go for in and of itself?
Speaker 10 (17:58):
Oh, like than one hundred thousand or something?
Speaker 6 (18:01):
Okay, Well, David, seriously, there's no reason for us to
go on. I mean, you tore down the damn house
and carried it away, even if you were within the statute.
But Frank, do you think isn't it like three years
for uh, non disclosure issues on a home?
Speaker 7 (18:18):
I don't know. I don't know for sure, do you, Frank?
Speaker 4 (18:21):
You know, Tom?
Speaker 16 (18:22):
I don't know that there's even a cap on that.
I think that that can go on forever.
Speaker 7 (18:26):
I mean with real estate, I don't know if it
can go on forever.
Speaker 6 (18:30):
I think there's there's a certain amount, there's a certain
statute a little bit.
Speaker 16 (18:34):
I don't know if there's an actual cap on that, Tom,
I can find out. I just don't know.
Speaker 7 (18:38):
Yeah, yeah, yeah, yeah.
Speaker 6 (18:39):
But but here's the bottom line. It doesn't matter. It
really doesn't matter at this point. I mean, you can't
do anything. You know, I don't even know why we're talking.
I mean, I would love to be able to help you.
But first of all, Frank, would they if it was
flooded or fire or previous damage?
Speaker 7 (18:58):
Do they have to disclose any of that?
Speaker 16 (19:01):
Yes, any information like that would be considered a versus
material fact, Tom, So they would.
Speaker 6 (19:06):
Disclose that, okay if okay, all right, fine, and here's
the deal that would have happened. I think at this point,
I'm going to be straight with you, David. I think
you'd waste money going to an attorney.
Speaker 13 (19:23):
Yeah.
Speaker 7 (19:24):
I don't even know how.
Speaker 6 (19:24):
I mean, how would you even do it? I I
unless you know, I'd love to talk to our real
estate attorney when we get a chance, too, And then
I want to go now back to Mark Schamansky real quick.
Thank you, Frank Duranda real estate man dot com. By
the way, if you need an analysis of your property
free of charge, what it will sell for, what you'll net,
(19:45):
what you can buy. He looks at the entire market
right now with interest rates and everything, and he truly
gives you a pretty accurate assessment of what you can
sell your house for. It's not an appraisal, it's a
market price based on his experience. Three h three nine
two zero sixteen twenty two. Let's talk to Mark Schamansky,
Genesis tootalexteriors dot com. He also does mold remediation mold eradication.
(20:10):
If there was a mobile home and there was mold,
can you remove mold from a mobile home? Or does
it get sometimes marked so ridiculous it may not be
worth saving. And I don't know if I hope I'm
asking a logical question.
Speaker 3 (20:26):
Well, I think it just depends on the value of
the home. Like you said, I mean, if it's something
not of much value, then probably not worth it. I
guess if it's a brand new one or a newer
one that you know you can take apart and clean.
That would be an ideal situation or.
Speaker 7 (20:41):
Like a modular maleally different.
Speaker 6 (20:44):
What's normally involved in remediating mold?
Speaker 3 (20:47):
Mark basically be able to get to it and remove
any can you know, remove it any contaminated material that
you can remove, and then treat the ones that you
can't remove, uh.
Speaker 6 (21:00):
With you know, special chemicals that that's what it's made for,
and then you seal it and go on.
Speaker 16 (21:07):
That's right, That is correct, okay.
Speaker 6 (21:10):
And of all the calls you get on mold, what
percentage is dangerous mold? I mean it all, it all
wants to be stopped, obviously, right, and you want to get.
Speaker 1 (21:22):
Rid of it.
Speaker 7 (21:22):
We have go ahead.
Speaker 3 (21:23):
Most mold we have here in Colorado's black mold, and
there's two hundred different species of black mold, and so
you got to watch for the ones that are dangerous
and to see it. That's the one you have.
Speaker 6 (21:35):
Okay, But of course you want to get rid of it,
even if it's not so called toxic. But but for sensitivities.
But uh, there's different levels for different things. Mark, thank
you very much, Genesis tootalexteriors dot com.
Speaker 7 (21:50):
Uh, when we.
Speaker 6 (21:51):
Get a chance, I'd like to ask the statutal limitations
for disclosure issues on real estate from Brad O'Brien O'Brien
Legal Services. Uh, we have more coming up. I have
Buddy Mitchell with us from Simplyfloorsinc. Dot com and eight
eight eight heating dot com. Right now, we'll take a
look at your ac your furnace going into fall, whatever
you need. You can depend on them for honest assessments
(22:15):
of what you have and free second opinions always eight
eight eight Heating dot com three oh three seven seven
zero two seven seven six Go with a sure thing
Denver's best roofer Excel Roofing dot com.
Speaker 7 (22:32):
You don't pay a cent until you're content.
Speaker 6 (22:37):
Time for an insurance check up free no obligation comparison
call Compass Insurance paying too much your coverage at dozens
of insurance companies find out now three oh three seven
seven to one help. You'll think you're his only customer
when you choose Frank durand the real estate Man dot
com to list your home with Remax Alliance three oh
three nine two zero sixteen twenty two. All right, Tom
(23:01):
Martinez here the statute of limitations for non disclosure is
three years from discovery. But the absolute statute of limitations,
meaning a statute of repose where you cannot bring a suit,
is six years for non disclosure, So you have three
(23:24):
years from discovery. But if you discover it four years later,
then it occurred the closing, you only have two years left,
so it's three years or a total of six years.
Speaker 7 (23:39):
Now, I want to talk to inmate Sean. Sean.
Speaker 6 (23:46):
I want to get right to you, because I know
it's not easy for you, probably calling on the phone.
Speaker 7 (23:51):
Go ahead, sir, Yes, I'm.
Speaker 20 (23:54):
Here, mister Martino.
Speaker 15 (23:56):
How are you just warning?
Speaker 7 (23:57):
Good? Now? Are you right now in jail or in prison?
Speaker 20 (24:03):
I'm in prison.
Speaker 7 (24:05):
So you've already been convicted and sentenced, yes, sir? And
what is your one viction here? What's that, sir?
Speaker 20 (24:14):
My conviction? I'm on my sixteenth year at prison.
Speaker 7 (24:18):
Oh my god. What were you convicted of?
Speaker 13 (24:21):
Sir?
Speaker 20 (24:21):
Yes, I was convicted of conspiracy to commit murder after
deliberation and murder after deliberation. It's off to saying victim.
And the problem with this case is I'm unequivocally innocent.
Speaker 15 (24:36):
But the issue here is the government railroaded me.
Speaker 23 (24:39):
From this start, starting with the Humphrey.
Speaker 15 (24:44):
Here about him, David Glackpool.
Speaker 6 (24:47):
Now, hold on, Sean, You're you're fading in and out,
so I want to make sure I hear you.
Speaker 7 (24:52):
You say you were railroaded.
Speaker 6 (24:54):
Now, by the way, Sean, it actually is not unheard
of for this to happen, So I'm not going to
say it's in poss but a lot of people say,
of course they were wrongly convicted.
Speaker 7 (25:04):
So let's just go to the main points.
Speaker 20 (25:06):
Go ahead, Okay, Well, in this case, the only witness
to this murder had already told the prosecutor and the
lead detective that I was innocent of this crime.
Speaker 6 (25:18):
Who told the investigator told them the.
Speaker 2 (25:23):
Only eyewitness to this crime to this?
Speaker 7 (25:25):
Okay, here's what I want to know. Tell me about
the crime.
Speaker 6 (25:28):
First, someone who was murdered, and someone murdered someone.
Speaker 7 (25:32):
But were you accused? You were not accused of being
the actual murderer. Yes, I was.
Speaker 20 (25:38):
I was accused of being the actual murderer.
Speaker 7 (25:41):
Okay.
Speaker 20 (25:42):
There was a home invasion that took place on to
Shepherd six two thousand and six. Uh to a Sailor's Editor.
Home Wan did a sailor's take the victim us side
and executed the victim and.
Speaker 1 (25:56):
You you were.
Speaker 6 (25:57):
Okay, so hold on, so they said you were that
guy that took the victim outside and killed them?
Speaker 2 (26:04):
Correct?
Speaker 15 (26:05):
Correct?
Speaker 13 (26:06):
Exactly?
Speaker 7 (26:07):
Now had you before this? And hold on? When did this?
Suppose when did this happen?
Speaker 17 (26:11):
I mean.
Speaker 15 (26:13):
Dember six, two thousand and six.
Speaker 6 (26:16):
Okay, Now what I want to know is this, were
you in two thousand and six prior to that?
Speaker 7 (26:23):
Did you have a criminal record?
Speaker 13 (26:27):
H Yes? I did?
Speaker 9 (26:29):
Yes, I did.
Speaker 20 (26:29):
I did have a criminal record for possession of marijuana.
Speaker 2 (26:34):
That was the only pride that I had ever had before.
Speaker 7 (26:38):
That's it. You were not. You had no record before that.
Now how were you round? Now?
Speaker 6 (26:43):
Let me let me just ask you some questions. Were
you part of that robbery?
Speaker 7 (26:47):
Sean?
Speaker 23 (26:49):
No, I was not.
Speaker 20 (26:50):
I absolutely was not.
Speaker 9 (26:52):
I was unequivocally.
Speaker 20 (26:53):
I'm unequivocally innocent.
Speaker 7 (26:55):
Where were you, Sean? Where? Sean? Where were you at
the time.
Speaker 23 (27:01):
At that time?
Speaker 2 (27:01):
I listen in Colorado a lot?
Speaker 15 (27:03):
I lived here.
Speaker 6 (27:04):
But why were you rounded up? Here's what I want
to know. How were you arrested for this robbery?
Speaker 2 (27:11):
I was arrested for this crime based upon third party
years sake, but that of the evidence that makes me
innocent of prosecutors and the lead detective overlooked it. They
had They got interviewed the Holy Eye witness to this
murder a year before I got indicted, and he told
(27:31):
him he's saying the silent at the And how.
Speaker 6 (27:35):
Many years were you saying? How many years were you
sentenced to?
Speaker 7 (27:38):
Sean?
Speaker 2 (27:40):
I was saying, as the life without barun was forty
eight years?
Speaker 13 (27:45):
Wow?
Speaker 6 (27:46):
And and have you been trying to appeal it?
Speaker 2 (27:52):
Yes, sir, Yes, sir, I have been to not fail.
The courts have the corstops in my favorite that this
was an exculatory Brady violation. Hey, you talk to a
lot of lawyers, They'll kill you.
Speaker 3 (28:07):
Now.
Speaker 7 (28:07):
Do you have currently hold on?
Speaker 6 (28:10):
Do you have Are you working with anyone on any
of the innocent projects or anything?
Speaker 7 (28:15):
Are you working with anyone right now?
Speaker 23 (28:19):
I'm not.
Speaker 2 (28:19):
I do have a lawyer. I'm in my pstviction.
Speaker 20 (28:23):
Proceedings in the district court on this matter.
Speaker 6 (28:26):
Okay, Sean, here's what here's what we need to do.
I want you to listen. Is there how do you
communicate with people? I can't just call you right.
Speaker 2 (28:37):
You actually can't because we've got these top lists now
and you can't download the Secures app and call me.
Speaker 6 (28:43):
So if you if you hold on, if you gave
a phone number, I would be able to call you.
Speaker 2 (28:52):
It was more of an app. It's like an app
that you tell load and you call this tablet and
they'll they'll let you call me, just like a sillhol
But I.
Speaker 7 (29:00):
But are there certain hours I can call you? Yeah?
Speaker 2 (29:05):
I think until twelve midnight.
Speaker 6 (29:08):
Okay, listen, Sean, do me a favor. I need you
to leave the I need you to leave information about
that app. I also need you to leave. I also
need you to leave an address where I can write
to you or do you get email.
Speaker 20 (29:25):
I'm gonna start at the email yet, but I don't
have an ass.
Speaker 7 (29:30):
With your Okay, I want you to leave. Listen. I
want you to leave and.
Speaker 13 (29:37):
Go ahead my actual.
Speaker 6 (29:40):
Okay, Sean, if that's true, I'm gonna I'm gonna hear
you out.
Speaker 7 (29:46):
We just can't do it on this one phone call.
Speaker 6 (29:49):
So please, I'm gonna put you on I'm gonna put
you on hold and Katchina.
Speaker 7 (29:54):
I need every.
Speaker 6 (29:55):
Which way I can to get a hold of him
and the name and number of his attorney. Please do
that now. If this man listen, I know everyone in
the world, especially my YouTube morons, they're rolling their eyes
right now, blah blah blah.
Speaker 7 (30:10):
But here's what I say.
Speaker 6 (30:11):
All I'm going to invest is a little time and
energy to look into this. If there is someone sitting
in jail, truly, truly, who is innocent, it wouldn't be
the first time. I'm not saying he is, but what
the hell on the chance he could be, Maybe I'll
(30:34):
look into it. How about that. I don't want him
to waste this phone call. I will at least look
into where he has at. I mean, we've heard. I
met a man one time convicted of a murder on
death row and I got involved in this case and
I interviewed him when he got out. Now, I was
(30:55):
not the reason he got out. There was a project
that was working on it. And my god, was this
story chilling the way police did not present all the evidence,
and then the prosecutor did not produce all the evidence.
And on top of that, someone else was found and
(31:19):
their dental records confirmed it was them dental records because
there were bites involved.
Speaker 7 (31:28):
It is. It was a chilling story. I Stephanie and
I did.
Speaker 6 (31:34):
The story and it's published somewhere online still but listen
it happens.
Speaker 18 (31:40):
So are you going to contact his it TONI Toms.
Speaker 7 (31:42):
Yeah, of course I am.
Speaker 6 (31:43):
Okay, and then I just need to get this information.
Speaker 7 (31:47):
Like I said, who knows it's not unheard of?
Speaker 6 (31:51):
Now that's a I mean to be sentenced to life
plus forty eight years without parole. I mean, you know
you would hope that they had evidence of this egregious crime.
I'm Tom Martino Moore coming up. Go with a sure
thing Denver's Best roofer Excel Roofing dot com. You don't
(32:14):
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 coverage at dozens of insurance companies
find out now three oh three seven to seven to
one help. You'll think you're his only customer when you
choose Frank durand the real estate Man dot com to
(32:35):
list your home with Remax Alliance three oh three nine
two zero sixteen twenty two. Hi Tom Martino, you're a
troubleshooter three all three seven one three talks seven one
three eight two five five. Okay, So Jamie has a
question or has an issue with an arborius. Jamie, were
you having a tree removed or trimmed or what's going on?
Speaker 7 (32:55):
Jamie?
Speaker 24 (32:57):
Well you good morning. By the way, Yes, thank you
for taking the time to take my calf.
Speaker 6 (33:06):
And if and if we do run out of time,
I just want you to hang. So what's start out
the problem?
Speaker 24 (33:12):
Okay? Well, I needed an arborist, and I called a
friend and you know, asked a couple of people.
Speaker 9 (33:21):
For a referral.
Speaker 24 (33:22):
So I got this referral and when I called them,
they came out the same day to give me an
estimate or an appraisal, and I was like, fantastic. And
what's the name of the arborist, Mendez tree Removal.
Speaker 6 (33:38):
Okay, you know, we had a big complaint about them before,
a bad They did a terrible job. They didn't they
left a bunch of crap and anyway, what happened.
Speaker 24 (33:49):
Yeah, they I mean, they could have done a better
clean up. However, So I guess the uniqueness of my situation.
Speaker 23 (33:56):
Is the house I live in was owned by my.
Speaker 24 (33:59):
Grandmother, So I've withs in this neighborhood for quite some
time and the lady next door I've basically grown up
with and she turned ninety on July twenty six, So
I as a county already has lanes against her property
because she's had different trees that are overgrown.
Speaker 4 (34:17):
And fell over.
Speaker 6 (34:19):
Okay, hold on one sec hey, Shannon, Shannon, we're out
of forty four right, yeah, Okay, the music is coming,
So Jamie, I don't want to rush you. Here's what
I need to ask, and we'll take you up right
after the news.
Speaker 7 (34:32):
Did you hire them to trim or to remove?
Speaker 24 (34:36):
I hired them to remove a stump and trim trees
in my property and also my neighbor that's ninety.
Speaker 6 (34:43):
Hey, hold on and we'll come right back to you.
Go with a sure thing Denver's best roofer Excel Roofing.
Speaker 7 (35:00):
You don't pay a cent until you're content.
Speaker 6 (35:03):
Three time for an insurance check up free, no obligation
comparison call Compass Insurance. Pay too much your coverage at
dozens of insurance companies find out now three oh three
seven seven to one help. You'll think you're his only
customer when you choose Frank durand the real estate man
dot com to list your home with Remax Alliance three
(35:24):
oh three nine two zero sixteen twenty two.
Speaker 1 (35:31):
Ripped news you needed, that's who you don't have. Come
run anxious as fast as we can. Shooter's gonna help.
Speaker 5 (35:44):
Come six is the Troubleshooter Show. No Tom Martino, Hey Tom.
Speaker 7 (35:52):
Martino here, Welcome to the show.
Speaker 6 (35:54):
This hour brought to you by waterpros dot net, the
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(36:15):
is a whole circular theme here.
Speaker 7 (36:17):
We got that wonderful water pros water waterpros dot and
then we have.
Speaker 6 (36:25):
That softened energized water and that is used for zero
resid Then I have Buddy here for carpeting, and Buddy,
you say, when it comes to carpeting, you.
Speaker 7 (36:35):
People don't understand this.
Speaker 6 (36:36):
The warranty on a carpet is contingent on you doing cleaning.
Speaker 17 (36:40):
Right, Yeah, you have to hot water do hot water cleaning.
So carpet when it wears out, it blooms like a flower. Right,
So the twisted like a cuppile carpet, Yeah, is twisted,
and as you walk on it, the twist comes undone,
and so hot water will twist.
Speaker 7 (36:57):
It back, will make the yarn remember it shape.
Speaker 17 (37:00):
So if you you know, so, if you walk on
the carpet for five years and never clean it, and
then you go to pit it with hot water, it'll
remember a little bit of its shape. But if you
can keep the bloom closed, if you could keep the
young twisted. Yeah, And so that's why carpet cleaning is
a requirement of the wear warranty on your.
Speaker 7 (37:18):
Carpet, and and you know all the other ways.
Speaker 6 (37:21):
And to me, again, I'm not trying to I'm not
trying to push anything here, but I swear to God,
once I tried that zero resk part put that water. See,
I never realized that there's no odor at all when
you have your carpets cleaned, when it's done properly, and
your carpets aren't really that wet. It doesn't require a
(37:42):
lot of doesn't require a lot of water, and it.
Speaker 7 (37:47):
Was just great.
Speaker 6 (37:47):
So anyway, it's funny how all these things work together.
I mean, you have purified water, which is good for everything,
softened water, and then you have a zero res using
that you have also water pros using it for the
water system.
Speaker 7 (38:02):
And then we have carpets that we want to last long.
Speaker 6 (38:06):
And again I think people are moving away from carpet.
Somebody just wanted me to ask this. If you they
wanted to know if you ask your friend buddy, if
you were doing your home over, would you do.
Speaker 7 (38:19):
Carpet or would you do hardwood? What would you do?
Speaker 17 (38:23):
I did carpet in my bedrooms and hallways and hardwood
on my main floor. Okay, I have a two story home.
It's carpet upstairs. I love carpet. I have carpet in
my basement, and then I have a really nice area
rug okay in my living room.
Speaker 6 (38:37):
All right, now let's go to the phones again. Jamie
said she hired an arborist, Mendez Tree Removal, to remove
a stump.
Speaker 7 (38:48):
And trim trees for her and.
Speaker 6 (38:51):
Her neighbor and her ninety year old neighbor. Okay, so
now continue your story.
Speaker 24 (39:00):
So they were supposed to come, that was the twenty
second and they were. They came right out immediately. You know,
the day I called to give me an appraise there,
and the scheduled to come out two days later on
the twenty fourth. However, on the twenty fourth, the truck
load of the owner and because the owner had set
(39:22):
someone else out for an appraisal and everything seemed to
be you know, professional and running, you know. Anyways, the
owner was there with his wife and a couple of
other people and someone you know, I guess the crew
job oversight, you know whatever.
Speaker 6 (39:38):
Guy.
Speaker 24 (39:39):
His wife was having a baby. So they asked if
they could reschedule till the next day for my trees,
and I said absolutely, good luck with the baby. But
at that time I also walked to property with the
owner and said I practiced started to eden, you know, gardening,
and this is the scope of our agreement. You know,
I'd like to have like the larger logs.
Speaker 7 (39:58):
Now you me at this point though, at this point
you hadn't paid.
Speaker 24 (40:01):
Anything, right, No, yeah, at this point I hadn't paid anything.
Speaker 7 (40:04):
Why didn't you just okay, So, so did the job
ever get done?
Speaker 24 (40:09):
So they did most of the job, and I had
we had like an agreement for scope and everything, and
they did most of the job. And during that day,
like I have a friend, so she is going to
write a statement or if you need be for yeah, a,
you know, like a.
Speaker 6 (40:24):
But what I need to know is what is the
complaint They did most.
Speaker 25 (40:28):
Of they didn't cut it.
Speaker 24 (40:29):
They didn't trim things to scope. My concern with my
neighbor is she has trees that were growing into her house.
And I had said, I can't afford to cut her
whole property, but please give me an estimate for cutting
the trees away from her house that they're not growing
into her house. And there was we walked around the
property and we had talked about the scope and like,
you know, just well we come back.
Speaker 7 (40:49):
Okay, an easy question.
Speaker 6 (40:51):
At least it doesn't sound like they ripped you off
because they didn't.
Speaker 26 (40:54):
They didn't.
Speaker 24 (40:55):
They didn't cut it to scope.
Speaker 10 (40:57):
And then I had asked, so I get it, Well
they come back, and will they come back and correct it?
Speaker 24 (41:03):
That's what I have been asking for them for the
last three weeks. And I would also like a receipt
for payment, and they have not provided me with a receipt.
Speaker 7 (41:10):
And how did you pay? How did you pay? Well,
that's wrong, that's wrong, and I have a witness.
Speaker 6 (41:16):
Okay, here's the problem. Unless you get the receipt at
the same time. You can kiss that goodbye if he
ever wants to contest it.
Speaker 24 (41:25):
What about writing a ten ninety nine to the irs?
Speaker 7 (41:28):
Well, you can do that all you want. You can
do that all you want. I mean, how much was
the job?
Speaker 24 (41:35):
I have text receipts to show through.
Speaker 7 (41:37):
Che Oh good, So he texted you he texted your receipt.
Speaker 24 (41:41):
No not, I have. I have my screenshots of my
text messages saying that I you know that the exchange
made and asking for the estimate. So it's all through
text messages.
Speaker 6 (41:52):
And how much did you pay completely for twenty four hundred? Okay,
Now this guy will not come out and finish. Is
that what you're saying?
Speaker 24 (42:01):
Yeah, and he's two times he has said he will
come out and do it. I'll send my guys out
today to do a good job, and then they don't show.
Speaker 6 (42:09):
Okay, let's just call and see we can make a difference.
I don't know if we can. Let's try first the
buzz deputy doc. Let's do that the friendly way first.
Speaker 22 (42:17):
Okay.
Speaker 24 (42:18):
He had his wife call me from her cleaning business
number Saturday to say they'd be here Monday and my
dad was visiting. I came back from Breckenridge early Monday
so I could be here for them, and they didn't show.
Speaker 6 (42:29):
So I had a feeling if we call, we're gonna
shake something loose. So hold on, Jamie, Doc, talk to Jamie.
Let's get a number. Let's call real three seven one,
three eight two five five.
Speaker 7 (42:41):
Bob, what's going on with State Farm? Alan?
Speaker 6 (42:43):
I haven't forgotten about you either. What's going on, Bob?
Speaker 7 (42:50):
Are you there? Bob? State Farm? Well? I I was okay,
he must have dropped a Sorry Bob, I tried. Now
there is a dock on the line, but not Deputy Doc.
Is that right?
Speaker 9 (43:11):
Oh?
Speaker 7 (43:11):
No, I want to take Alan. Never mind, I want
to take Alan. He's been waiting longer. Alan, go ahead.
Speaker 12 (43:17):
Yeah. I talked to you briefly yesterday, but yeah, the show.
Speaker 6 (43:22):
And toward the end of the show, you want to
know about debt consolidation, and I said, debt consolidation is
usually a ripoff when you get solicited for it.
Speaker 7 (43:31):
Tell me the terms and what you're calling about.
Speaker 2 (43:35):
So I have.
Speaker 12 (43:38):
Somewhere around sixty thousand and credit card debt due to
a lot of legal fees and being unemployed.
Speaker 7 (43:46):
And what is your income?
Speaker 12 (43:49):
Well, right now it's zero. Well I make a little
bit as a handyman, but I'm trying to find a
new job.
Speaker 6 (43:57):
So the chances of you getting out of debt? Do
you own anything at all?
Speaker 21 (44:04):
Yeah?
Speaker 12 (44:04):
Well, I have a lot of equity in my house.
Speaker 7 (44:07):
How much? How much?
Speaker 12 (44:10):
Probably five hundred thousand?
Speaker 6 (44:12):
Oh my god, Then you're not going to do a bankruptcy.
You have five hundred thousand. What is your loan? What
is your loan on that house?
Speaker 12 (44:21):
What's remaining is probably three hundred and fifty thousand, so that.
Speaker 6 (44:25):
You have an eight hundred and fifty thousand dollars house.
Or more right, what part of town is that in?
Speaker 21 (44:34):
It's near loan Tree, Okay.
Speaker 6 (44:36):
And you're not exaggerating about the value of your home.
Speaker 12 (44:40):
No, and it could be higher than that.
Speaker 7 (44:43):
What is the interest rate on your current loan?
Speaker 12 (44:47):
Well, that's the kicker. It's two point seventy five.
Speaker 6 (44:50):
So but you listen, let's uh, you can get a
second on that.
Speaker 12 (44:56):
I already have an elog so that's another debt.
Speaker 6 (45:00):
Well, you never even talked about that when I said, then.
Speaker 7 (45:03):
You don't have the equity. I mean, how much is
your he lock.
Speaker 12 (45:08):
Okay, so yeah, you're right, elock what's left is probably
seventy five thousand.
Speaker 6 (45:14):
So you have three hundred plus okay total debt against
your house including the first and the helock?
Speaker 7 (45:22):
Is how much total.
Speaker 12 (45:24):
Debt grantedy four hundred pight something like that, So.
Speaker 7 (45:35):
Three hundred and fifty plus seventy yeah, okay, and the house.
Speaker 12 (45:43):
The house could be worth nine hund to it.
Speaker 7 (45:46):
No, I get it, I get it. So but but
and what is the What is the rate on your
he lock?
Speaker 20 (45:54):
It is like four?
Speaker 6 (45:57):
Okay, you're going to have to do this, keep your
first in place.
Speaker 7 (46:05):
And pay off the heelock and get some extra.
Speaker 6 (46:08):
Money with a second, and your rate's gonna go up.
But your blended rate's gonna go down because your credit
card debt's gonna go away. Are you delinquent on your
credit card debt?
Speaker 4 (46:20):
Not?
Speaker 12 (46:21):
Right now?
Speaker 6 (46:22):
Okay, here's another question that's really important, Alan, This is
really important, man, I mean, do you have a way.
I don't think you can borrow money on just equity
because you don't have any income.
Speaker 7 (46:36):
Really, how old are you?
Speaker 12 (46:40):
Fifty six today?
Speaker 7 (46:43):
Fifty six? Happy birthday?
Speaker 6 (46:45):
Hold on, man, you have a bit of a problem
in that you have a ton of equity, but you
have no income.
Speaker 12 (46:55):
So that job and I possibly have a job coming
in the next few weeks, so that could change.
Speaker 6 (47:02):
Yeah, but let's say this. You get a job in
a few weeks, then you have to have a history
and what kind of work will it be? What income
will you have?
Speaker 12 (47:14):
I would probably be one hundred and sixty thousand.
Speaker 7 (47:17):
What kind of job.
Speaker 12 (47:20):
Project manager and oil and gas?
Speaker 7 (47:22):
So you know what the hell you're doing, is what
you're saying, right, Alan?
Speaker 13 (47:26):
Yes?
Speaker 7 (47:26):
Good? How long you've been unemployed.
Speaker 12 (47:30):
For five months?
Speaker 6 (47:32):
That's March okay, So it's not like you're just okay,
got it all right?
Speaker 7 (47:39):
Now?
Speaker 6 (47:39):
The legal fees are they still pending? Do you still
have judgments or any problems?
Speaker 11 (47:46):
No?
Speaker 12 (47:46):
No, it's just been ongoing legal fees with fix White
and that's created That's what created all my debt.
Speaker 7 (47:52):
But is that over right now?
Speaker 12 (47:56):
It's over for now. I need to spile emotion at
some point, but I can wait on that.
Speaker 7 (48:02):
Is this okay? Hold on? Because this is really because
there's a reason.
Speaker 6 (48:06):
I'm asking when it comes to borrowing money in something
called less pendance. Hold on, I'm Tom Martine three h
three seven to one three Talk seven one three eight
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Speaker 7 (48:24):
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Okay, I wasn't going to talk about it. I'm not
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(48:47):
with a sure thing Denver's best roofer Excel Roofing dot com.
You don'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 coverage at dozens of
insurance companies find out now three oh three seven to
seven to one help. You'll think you're his only customer
(49:09):
when you choose Frank durand the real estate Man dot
com to list your home with Remax Alliance three oh
three nine two zero sixteen twenty two. Hi Tom Martino,
your troubleshooter three three seven one three Talk three oh
three seven one three eight two five five. All right,
(49:32):
let's talk and find out what's on your mind today.
Alan's talking about debt consolidation, and there is a bit
of a problem. He doesn't have income. He's not quite
old enough for a reverse mortgage, although that would have
been great for him. Actually, a reverse loan would have
been perfect for him at this point, and he could
always convert it back, but he's too young for that.
(49:55):
And I think they do have some reverse loans that
go younger, but I think they might be very expensive,
and you can't get a second. He'd have to redo everything,
and then he'd be paying much too much on a rate.
So he has two loans on his house, a first
and a second. The first is at a very low rate,
(50:16):
like three percent or less. The second is in the fours.
I believe he fives. It's a it's a helock. He'd
have to pay off that helock. He should be he
should easily qualify if he has income for a second,
but not until he gets a job.
Speaker 7 (50:32):
So that's the dilemma we're facing right now, Allen.
Speaker 6 (50:37):
How imminent is your failure to make payments, Because once
you don't make those payments, you're screwed.
Speaker 7 (50:46):
Because you're not going to be able to refi or that.
Speaker 12 (50:49):
Second yeah, on the mortgage and the helock.
Speaker 6 (50:53):
You mean, I want to know on everything, how imminent
is your failure to pay.
Speaker 12 (51:01):
I could probably hold out another two to three months.
Speaker 7 (51:06):
And will you have income by then?
Speaker 12 (51:10):
I plan on it one way or another. It just
may not be enough to make my monthly payments.
Speaker 6 (51:18):
No, no, no no unless you consolidate. So I think
what we need to do is we need to get.
Speaker 7 (51:24):
An expert on.
Speaker 6 (51:28):
And we need to get an expert on regarding consolidation.
Speaker 7 (51:31):
I want to start with Ideal Home Loans and Brent Ivanson,
So Kaschina, let's try to get brent On to talk
about this and see what we can do.
Speaker 6 (51:43):
Three zho three seven to one to three talk allan,
hang on, and then we'll make a couple calls. I
want to ask them about the qualifications for a second
and how long you'd have to wait, and what the
rates might be doing with those seconds, because I'm almost
sure you don't want to touch that first. That payment
(52:06):
is very low and manageable. Buddy Mitchell is with us
from simply floors Ink. As you'll see if you're streaming
right now, we had some questions, some floor covering questions.
Speaker 7 (52:19):
I had one about cutting a.
Speaker 6 (52:21):
Threshold near a door to keep liquid from wicking from
the door when moisture gets at the door people walk in.
I personally believe that if you have an exterior door
of any kind, having carpet right up to the right
up to the threshold, in my opinion, is not a
good idea.
Speaker 7 (52:40):
That's why I'm think in houses you always see some
kind of a tile, landing or something when you walk
in a door. I don't actually know how you feel
about that, buddy, but in general.
Speaker 17 (52:53):
We do it all the time because it's done all
the time.
Speaker 6 (52:55):
But I agree when because even if the door doesn't leak,
just walking in the door, you're constantly on that carpet.
Speaker 17 (53:02):
Yeah, a lot of the basement builders that we work with,
we do a lot of work for like basement remodeler guys. Yeah,
and we always recommend they put a tile or some
sort of landing that you come inpe your feet off,
take off your shoes so you don't get the carpet trashed.
Speaker 7 (53:19):
Somebody has a question on inlaid hardwood, do you have
people that can do design or inlays with darker woods
to make a design in an area of hardwood. No,
you know what I mean though.
Speaker 17 (53:37):
Yeah, that would be a site finished company. We don't
do site finished hardwood. We pre finished hardwood.
Speaker 7 (53:43):
Okay, So how are they done?
Speaker 6 (53:47):
They literally cut the pieces now or maybe have a
computer design it and then do it all at once.
Speaker 17 (53:53):
Yeah, it depends on You can buy pre made ones,
oh you can, okay, yeah, and then you just you know,
a really good carpenter can cut it out and inlay
it and then putty it, sand it, stain it and
finish it.
Speaker 13 (54:07):
You know.
Speaker 17 (54:07):
That's a site finished floor.
Speaker 7 (54:09):
And somebody else wants to know. Do you do tile?
Speaker 17 (54:12):
Yeah, we have a crew that we work with that
does the actual labor. We sell the material. You do
sell material, We sell the material, and then we work
with the guy you met it.
Speaker 7 (54:20):
No, no, I know, yeah, we're going to use that guy.
So so tile is it getting more popular or less
or the same?
Speaker 17 (54:27):
About the same.
Speaker 7 (54:28):
But it's a pretty steady. I see tile all over
the place.
Speaker 6 (54:32):
Even where I see hardwood, I see a lot of
mixed media or a mixed flooring.
Speaker 7 (54:37):
Do you see that a lot?
Speaker 6 (54:38):
I mean, I don't see any houses with any one flooring,
you do, but they're they're rare normally.
Speaker 17 (54:46):
If it was my house, I would just put I would.
I would never put LVP in a bathroom in the
cross powder unless it's a powder room, right, because.
Speaker 7 (54:54):
Of the moisture.
Speaker 17 (54:55):
And I wouldn't put it in a laundry room.
Speaker 7 (54:57):
What about a finished basement.
Speaker 17 (54:59):
We put it in finished basements all the time.
Speaker 6 (55:01):
Oh you do, okay, So why wouldn't you put it
in a bathroom? Because water is just not its friend. Well,
LVP is waterproof topically.
Speaker 17 (55:09):
If it sets in water over time, it can curl
and get britle, but you can't seal it. So I
had four kids, right, Yeah, when my kids got out
of the tub, you know, get wet. And if that
water goes and gets underneath the tie the LVP, now
you can cock it.
Speaker 7 (55:26):
But you know how cock is it.
Speaker 17 (55:28):
You were just saying you had a door that you've
done everything you can to keep water from coming in.
Once water gets under LVP, it's going to start growing mold.
The LVP won't, but the wood will. And you know,
and now you have plastic trapping water on your wood floor.
And so anybody that recommends that it isn't smart. You know,
(55:48):
if you want to seal a floor so you can
get it wet.
Speaker 7 (55:52):
Now use tile.
Speaker 6 (55:54):
Somebody else wants to know something about why let me
take this break. It's about putting flooring over a basement
concrete floor. What are the best ways to do it?
Some people were told they can go right over it.
Others said they need a sub base of a floor.
Some people said they need a thin set. They want
to know what they should do. Three oh three, seven
(56:15):
to one to three. Talk is our number seven one
three eight two five five. If you have any questions,
it doesn't have to be about floor coverings, but if
you do give us a call, we really.
Speaker 7 (56:25):
Would love to help you. And also if you have
any questions about uh not just floors, but we're going
to talk about something else that buddy's an expert at Hey, Tom, I.
Speaker 18 (56:39):
Spoke to you.
Speaker 7 (56:40):
That's outdoor cooking. Oh my god, he's a genius. What
I spoke tones you did? Oh good, we'll talk about
that coming up. I'm Tom Martino.
Speaker 6 (56:49):
Three O three seven to one to three talk and
speaking of waterwaterpros dot net. If you want soft water
around the whole house, good for your laundry, good for
your skin, good for your plumbing, good for everything.
Speaker 7 (56:59):
Around thirty five hundred thirty four hundred bucks fully installed
in the house.
Speaker 6 (57:02):
You will ever get a better price for a better system, ever,
and that's three oh three eight six two five fifty
five four. Go with a sure thing Denver's best roofer
Excel Roofing dot com. You don't pay a cent until
you're content, wait time for an insurance check up free,
(57:26):
no obligation. In comparison, call Compass Insurance paying too much
your coverage at dozens of insurance companies find out now
three oh three seven to seven to one help. You'll
think you're his only customer when you choose Frank durand
the real estate Man dot com to list your home
with Remax Alliance. Three oh three nine two zero sixteen
twenty two.
Speaker 17 (57:46):
Was truck.
Speaker 7 (57:49):
Dan and yeah, that's amazing.
Speaker 6 (57:52):
Tom Martino here three oh three, seven to one three
talks you'll see seven one three eight two five five.
We're trying to get a hold of our mortgage expert
doesn't seem to be available, but alan what we can
do is contact you when we get a hold of them.
Speaker 7 (58:11):
I'm almost positive.
Speaker 6 (58:14):
You're going to need income to get that second, otherwise
you're going to pay out rageous amounts on a what's
called a hard money loan, that's a collateral based loan.
Speaker 12 (58:26):
Well, one thing that we haven't talked about yet today
what I mentioned yesterday. I'm more concerned not about the elock,
but about my credit card debt. I have that sixty
thousand dollars and it's an average splended rate of twenty percent.
That's what I really think I need to get rid of.
Speaker 6 (58:46):
And you will, and you and you can easily easily
with a consolidation loan on your home, but you're gonna
people are very reluctant to do thirds. So you have
a first and a second, and you pay off your
second and increase it by maybe thirty I mean, that
should be very.
Speaker 7 (59:06):
Easy for you.
Speaker 6 (59:07):
So that would be a total of about one hundred
on your second, three point fifty on your first.
Speaker 7 (59:12):
Your house is worth nine hundred.
Speaker 6 (59:15):
You should have no problems when it comes to LTV
or loan to value. But your debt to income ratio
will be reduced because they take into consideration what your
debt will be after the consolidation.
Speaker 7 (59:31):
But you still I don't know what income you're going
to need. That's what we were going to try to do,
is pre qualify you or look for other options.
Speaker 6 (59:42):
I don't know what else to tell you. A hard
money lender is going to be eight or nine percent
okay on one hundred grand easily, So you know, are
you prepared to pay that? You could probably get an
equity only loan for about one hundred grand if your
(01:00:04):
house appraises and that, but but you know that's a lot,
and usually a hard money lender doesn't want to admortize,
so they would do one hundred grand interest only. And
let's say worst case nine percent, you're talking about nine
grand a year, so you're talking about seven hundred and
(01:00:27):
fifty a month.
Speaker 7 (01:00:28):
So what are your payments?
Speaker 6 (01:00:29):
Now, let's just say worst case scenario, hard money lender,
they lend you that for They lend you that for
six months or whatever or a year until you establish
then you refy it.
Speaker 7 (01:00:42):
That's really what you do. You refy the second how
much is it? Let's just say your payment was seven
fifty or eight hundred a month on that one hundred
only how much that's a.
Speaker 12 (01:00:56):
Lot less to what I'm saying on my minimum payment
something credit cards?
Speaker 7 (01:01:00):
What is your minimum payment? What do your minimum payments
add up to.
Speaker 12 (01:01:06):
For the credit cards, probably twelve hundred for E for
the the second or for the keylock, it's about five fifty.
Speaker 6 (01:01:19):
So you would save a ton of money doing it
this way, but you would, you know, don't rush into
that because hard money lenders. I don't want to make
it sound like they're bad guys. I've done some hard
money loans in the past.
Speaker 7 (01:01:33):
It's there.
Speaker 6 (01:01:34):
They are people who simply want to get a short.
When I say short, up to five year return, a
decent return on an asset that's pretty secure. But they
will never do it for less than that, for less
than a few points over the market, because they could
they can get a T bill at six percent right now,
(01:01:55):
you know what I'm saying, So you gotta there has
to be incentive. But I think worst case scenario that
I was trying to quote you, I don't think you'd
have a problem finding a lender at nine percent.
Speaker 7 (01:02:08):
I don't. I do not think so.
Speaker 12 (01:02:12):
If I, even if my credit rating is pretty low, that's.
Speaker 6 (01:02:16):
Exactly what a hard money lender doesn't care about. Let
me put it to you this way, if you have
a home. And I hate to put it in these terms,
but if you have a homework nine hundred, you have
three fifty against it. Somebody loans you one hundred, now
you have four fifty. Okay, so five fifty six fifty
seven fifty eight.
Speaker 7 (01:02:35):
Fifty, So you have you have like, let's say four
hundred and fifty thousand inequity. Let's say even four hundred.
Speaker 6 (01:02:43):
If I gave if I loaned you the money at
nine percent and you defaulted, I would be thinking, the Lord,
you know I'm not I don't mean, I'm just kidding,
you know what I'm saying. But in other words, because
I would be able to sell that house, get all
of my money, and be done with it. So when
(01:03:03):
you have equity, equity, Trump's income for hard loans, for
real loans, but for conventional loans where you want to
get market rate, and market rate on a second, by
the way, is not going to be as much is
going to be a little more than on a first,
(01:03:25):
but it's still going to save you a ton of money.
I would first go the conventional route. But for that
you need income, and you need credit. Okay, once you know,
once you don't have credit, or you don't have income,
you may not have a choice but to do hard
money lending. And I listen, I know people, and I'll
(01:03:46):
tell you right now, there are at least one hundred
people right now listening to me that that say, wait
a minute, if he truly has a house worth nine
and he's got only three point fifty on a first
I'll let badly loan them one hundred grand at nine percent.
Right now, there's at least one hundred people listening that
would do it right now. I know they would, because
(01:04:07):
nobody in their right mind would turn that down. But
but the thing I have against hard money that I
don't like. I like making return on investment.
Speaker 7 (01:04:18):
I don't like profiting or somebody failing. Do you know
what I'm saying.
Speaker 6 (01:04:26):
My whole idea is to help someone succeed, and if
someone can't make the payments. I had one time a
guy who did a hard money loan with me, I
told them, listen, this is the worst thing you can
do if you're not if you don't plan this, I said,
you got to pay it back now. I didn't end
up foreclosing on the guy because I just couldn't. But
(01:04:46):
so to me, it was like an unsecured loan almost
because I didn't want to put him on the on
the street with his family. He had a house in Elizabeth,
so instead I had to fight like hell to find
somebody else to take the loan. But I told them,
I said, when someone else takes this loan, if you
don't pay them, they're going to foreclose. So that's the
(01:05:07):
one thing that's bad about hard money lending. They don't
They usually don't hesitate to foreclose. So hang on, sir, okay,
and again, what I'm going to do is call you
back when we get one of our experts on that
can chew the fat with us on this.
Speaker 7 (01:05:24):
Okay, now, Bob, here's what I want you to do,
Kachina or if you can help me here Bob, Alice
and Mike, I can get to all of you coming up.
Just hang on three oh three seven one three A
two five five.
Speaker 6 (01:05:39):
What's 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 an insurance check up free, no obligation. In comparison,
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(01:06:00):
seven seven to one. Help You'll think you're his only
customer when you choose Frank durand the real estate man
dot com to list your home with Remax Alliance three
all three nine two zero sixteen twenty two. Hey Tom Martino,
your troubleshooter three O three seven one three talk three
oh three seven one three eight two five five Bob,
(01:06:24):
you have an issue with State Farm?
Speaker 7 (01:06:26):
What's going on?
Speaker 4 (01:06:28):
Yes, sir, I uh had a two thousand and five
Gyms Sierra diesel truck stolen here a few weeks back,
and State Farm wants to settle for nineteen thousand what
they call cash value.
Speaker 13 (01:06:42):
And I know it's not a.
Speaker 4 (01:06:42):
Replacement cost, but just to come close to what it's worth.
I tried to do some comment.
Speaker 7 (01:06:48):
Now, hold on, So it's a two thousand and five
diesel truck.
Speaker 4 (01:06:50):
How many miles one hundred and thirty nine thousand, which
is a really.
Speaker 7 (01:06:54):
Little one hundred and thirty nine thousand, And how much
do they want to give you for it?
Speaker 4 (01:07:01):
Nineteen plus tax.
Speaker 7 (01:07:04):
Nineteen? And where do you why do you think it's
worth more?
Speaker 4 (01:07:09):
Well, there were several modifications done to it pretty sweet ride.
There is a power chip put in, and I got
an estimate to put it in.
Speaker 6 (01:07:18):
Well, hold on though, when you increase the value of
the truck, did you increase the stated value on your insurance?
Speaker 4 (01:07:29):
I told them everything that was on it when I
got it seven years ago.
Speaker 7 (01:07:33):
How much do you feel it's worth. They want to
give you nineteen plus tax? How much do you think
it's worth?
Speaker 4 (01:07:39):
Twenty four? Cash value? About twenty nine or thirty?
Speaker 13 (01:07:42):
Retail?
Speaker 7 (01:07:43):
Yeah, it doesn't matter what retail is. It matters what.
Speaker 6 (01:07:46):
Well, actually it kind of does and kind of doesn't.
They kind of have to give you what it's worth.
And when you said retail and cash, they should be close.
Speaker 4 (01:08:00):
I would think they would be the difference between wholesale
and retail for a dealer.
Speaker 7 (01:08:04):
Yeah, but they don't.
Speaker 6 (01:08:05):
But your plan doesn't pay you wholesale. It pays you
replacement for that vehicle.
Speaker 15 (01:08:10):
It doesn't mean that it doesn't.
Speaker 4 (01:08:12):
Well specific they said, this is not a replacement value.
Speaker 7 (01:08:18):
Okay, no it's not. It's it's no, it's but it is.
Let me explain. Let me explain this. Okay, they have
to pay you what it's worth.
Speaker 6 (01:08:27):
Presumably if they pay you what it's worth you should
be able to find another one for that price. Yeah, way,
like if they said it was worth fifteen grand and
there's not a truck anywhere for that price. Well it's
while it's not replacement, they mean it's not replacement in
a new You don't get.
Speaker 7 (01:08:48):
A new truck, but you do get what you lost. Now.
Speaker 6 (01:08:52):
I want to get compass on to talk about this,
but I also want to try something else. Okay, hold on,
I want to see if we can get petty details
on again, Katchina. If we can't get petty details, I
heard someone advertising all over Khow recently called Auto Value Experts.
(01:09:14):
They're a new sponsor and they claim to do what
petty details does.
Speaker 7 (01:09:18):
I'd like to I'd like to look up that ad
and call them.
Speaker 6 (01:09:22):
Okay, are you are? You're hearing me right, Kagina, Just
to blink twice whatever? Anyway, So I think they're called
auto value Experts. So hang on, Sarain, We'll do that,
Shan and make sure she heard that.
Speaker 7 (01:09:36):
Please, thank you. Well, she's looking at me, but I
can't Okay, does she have like is she fogging a mirror?
Speaker 6 (01:09:43):
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 an insurance check up free, no obligation. In comparison,
call Compass Insurance paying too much your coverage at dozens
of insurance companies find out now three all three seven
seven one help. You'll think you're his only customer when
(01:10:05):
you choose Frank durand the real estate Man dot com
to list your home with Remax Alliance three all three
nine two zero sixteen twenty two.
Speaker 1 (01:10:13):
Yeah, Rita News need advice so you don't have come
running just as fast as you can. Shooter's gonna help
come MANX is the Troubleshooter Show.
Speaker 7 (01:10:36):
Now Tom Martino, Hey, Tom Martino here, Welcome to the show.
Three oh three seven one.
Speaker 6 (01:10:43):
Three talk seven one three eight two five five. What's
happening in your life today? We have Buddy Mitchell with
us from Simply Floors Inc.
Speaker 7 (01:10:53):
Dot com.
Speaker 6 (01:10:54):
If you need any floor covering advice of any kind,
they're the experts Buddy and Karen Mitchell at Simply Floorsinc.
Speaker 7 (01:11:02):
Dot com.
Speaker 6 (01:11:02):
We also have a number of topics going on. I
want to get right to Bob says, and I want
to talk to two people. First, Jeremy at Compass Insurance.
Bob says he's.
Speaker 7 (01:11:15):
Insured by State Farm.
Speaker 6 (01:11:16):
He had a two thousand and five GMC diesel truck
one hundred and thirty nine thousand miles stolen. State Farm
wants to settle for nineteen grand. He says, I don't
know if that's fair. I don't think it is. I
can't find anywhere anything like it.
Speaker 7 (01:11:32):
Jeremy, Compass, excuse me, Jeremy.
Speaker 6 (01:11:35):
State Farm told him that it's not supposed to be
a replacement value, it's actual cash value. And I said, well, technically,
it's supposed to be what it's worth at the time
of the incident.
Speaker 7 (01:11:50):
Is that true, Jeremy, Yeah, And.
Speaker 22 (01:11:53):
To just define those terms actual cash value is going
to mean what it's worth at the time of the loss.
Replacement would be to buy a new one.
Speaker 7 (01:12:02):
You don't I understand that.
Speaker 6 (01:12:03):
So if in fact it's worth what it is at
the time of the loss, it is kind of replacement
for that particular.
Speaker 7 (01:12:12):
Vehicle, you should be able to find one exactly.
Speaker 13 (01:12:15):
Yeah.
Speaker 4 (01:12:15):
Yeah, yeah.
Speaker 6 (01:12:16):
So if they offered them a price that he thinks
is unfair, now I know there are we have justin
on from Petty details justin petty and he does appraisals
and stuff and estimates and loss of value and excuse me, yeah,
diminish value and all that. But Jeremy, when it comes
(01:12:38):
to policies, do they make an offer usually that's lower
than what is Where?
Speaker 7 (01:12:45):
Is that a common practice?
Speaker 22 (01:12:47):
Honestly with my companies. If I deal with two of
these a year, that's a bad year.
Speaker 13 (01:12:52):
I don't.
Speaker 7 (01:12:53):
I know.
Speaker 22 (01:12:53):
People think it's probably a lot more common. And I
can only speak for the ones, you know, companies we
work with, but I run into this a lot. I mean,
it can happen from time to time, and what we
typically want to do the first thing is and I
know what happened with Mark once is asked for the
comps that they're pulling to get you evaluated.
Speaker 7 (01:13:14):
And I want to ask you something else.
Speaker 6 (01:13:16):
We always get this argument too, People say, well, I
did a lot of customizations. At what point is it
your responsibility to add to your value?
Speaker 7 (01:13:29):
If that makes sense.
Speaker 6 (01:13:30):
If you're insuring app let's just say you're insuring A
sixty four and you have a lot of crap on there,
is it your responsibility to do a stated value of more?
Speaker 11 (01:13:40):
It is?
Speaker 22 (01:13:41):
Yeah, I mean any kind of classic car, you're always
better off getting a policy.
Speaker 7 (01:13:45):
Well, this is a five, so this wouldn't be classic,
would it. Okay?
Speaker 22 (01:13:49):
So yeah, on a regular car, anything that you've customized,
you need to add coverage for that because the policy
isn't really designed to pay enough. It's something made. They'll
probably throw it in by any kind of you know,
you get a lift or you had just whatever piece.
Speaker 7 (01:14:06):
Hey, Bob, what kind of stuff was custom on this?
Speaker 15 (01:14:11):
Most of it was there when I bought it.
Speaker 7 (01:14:13):
It was a power Yeah, it doesn't matter if it
was there when you bought it. But what was not stock.
Speaker 4 (01:14:19):
What was not stock was the powership chip which boosts
the power temporary.
Speaker 7 (01:14:24):
How much is that worth?
Speaker 13 (01:14:25):
Well?
Speaker 16 (01:14:26):
To do it today?
Speaker 4 (01:14:27):
And I got an estimate for an five, Sarah, to
do it to a like truck today.
Speaker 15 (01:14:34):
Was fifty.
Speaker 7 (01:14:37):
Actually, well that would have required additional insurance, I think, Bob.
Speaker 6 (01:14:43):
But yeah, I'm going to ask. I'm going to ask
for petty details. I'm not gonna because he's thought a
lot of these. So Jeremy, thank you very much. That's
Compass insurance. By the way, home of the insurance check up.
Make sure you're not paying too much and again insurance
is getting outrageous. They can't always beat the price, but
they'll give you an idea if you have a good
deal or not.
Speaker 7 (01:15:03):
Three h three nine nine six nine thousand. Let's go
to Peddy details justin.
Speaker 20 (01:15:11):
Are you there here?
Speaker 13 (01:15:11):
Yep? Justin.
Speaker 6 (01:15:13):
What you guys do is a great service for people.
You let them know if they're getting screwed by their
insurance or by other people's insurance. So what I know
you probably hear this, But what do you think about
a two thousand and five And I'm not asking for
an immediate value, but the principle two thousand and five
GMC diesel truck one hundred and thirty nine thousand miles.
(01:15:35):
It was stolen. They want to settle for nineteen. He
wants another five or six because of that chip. Now
have you been able to get these prices up a
bit because of customizations without extra insurance?
Speaker 9 (01:15:52):
Well, your typical auto policy will have a definition of
what constitutes this, you know, custom equipment, and they'll typically
have a thousand dollars limit, so you should have one
thousand dollars any way you look at it, or any
any component that is defined by the policy that would
(01:16:12):
be custom equipment, so things that are not produced for
the vehicle by the manufacturers, such as that chip, So
that would be a custom equipment subject to a limit
on the policy typically.
Speaker 7 (01:16:27):
Now, Bob, what else in addition to the chip?
Speaker 4 (01:16:31):
Yeah, I put a topper on there and painted the
massive truck cost me twenty two hundred seven years ago.
I called in today, they want thirty seven hundred to
do it.
Speaker 7 (01:16:41):
Now what do they do? Do they justin?
Speaker 6 (01:16:44):
Would that be a thousand for all customization or a
thousand per customization?
Speaker 9 (01:16:50):
It's a thousand for everything, but bedcaps and campers are
excluded from that definition typically.
Speaker 6 (01:16:58):
So if they're excluded, are they cover? Yes, they're covered,
so they're not if they're not figuring that in there?
Can he say I need this or can they say, well,
we never ensured that.
Speaker 9 (01:17:11):
No, that the camper or or tono cover either or
considered a cap at cap and that's covered.
Speaker 6 (01:17:21):
So it's not part of it, even if it wasn't
there when he first got the insurance and he added
it years later.
Speaker 7 (01:17:27):
Yep, okay, So.
Speaker 6 (01:17:32):
Tell us how you work at petty details. We really
want to know, and don't you have the other website?
Isn't it called diminished what's the website against.
Speaker 9 (01:17:43):
Sir, sure, Yes, diminished Value expert dot com.
Speaker 6 (01:17:48):
Diminished Value expert dot com. He's also on referral liss
dot com. Tell us how you work? Is there any
part of your service that is complementary?
Speaker 9 (01:17:59):
Well, yeah, I mean every time we take the case
on the review of it is of course complimentary. We
look at everything and see do we think that there's
any value there that's being missed that we can help with.
So the you know, the screening, So do you give.
Speaker 7 (01:18:13):
Him a first blush idea of what it's worth?
Speaker 4 (01:18:17):
Yeah, I mean I was.
Speaker 9 (01:18:18):
I had questions. Is it a twenty five hundred extended
cab crew cab? You know some details, but I could
definitely tell him what the value should be really close
and what he could potentially.
Speaker 6 (01:18:29):
Get, So Bob for that they have a complimentary service.
But then if you want to hire him, what is
the best and worst case scenario if they hire you?
Speaker 9 (01:18:39):
So best case scenario would be that we are able
to agree on a value that's you know, way better
than what's being offered. Yeah, because of.
Speaker 7 (01:18:50):
And what would that cost if you got involved directly?
What would that cost?
Speaker 9 (01:18:54):
So it's it's five hundred and fifty dollars typically.
Speaker 7 (01:18:58):
Okay, Now here's what I want to know on this truck.
Can you answer some of his questions? What size is it?
Is it twenty five hundred yes, COOKAB twenty.
Speaker 9 (01:19:12):
Five compact share okay? And so this has got the
which whitch engine in it?
Speaker 4 (01:19:24):
Sixty six diesel six point six diesel durromatt.
Speaker 9 (01:19:27):
Let's see durromats is they never get they never get
diesel trucks, right, Just so you know, this is a
common a common type of vehicle that we get. Okay,
see here.
Speaker 13 (01:19:43):
Wow, so that's the test.
Speaker 7 (01:19:45):
However, I love just checking with him.
Speaker 9 (01:19:47):
Yeah he said it had one hundred and thirty two
or something like that.
Speaker 7 (01:19:53):
One nine.
Speaker 9 (01:19:55):
Yeah, quite low knowledge for.
Speaker 15 (01:19:59):
The that it is here.
Speaker 4 (01:20:02):
It's one reason I bought it seven years ago because
it was a low miles TN.
Speaker 9 (01:20:07):
So let's see it's an automatic, yes, sir, it's got
they have a lift kit. No, nope, that has.
Speaker 4 (01:20:20):
Air socks in the back. Okay, that's another add on though.
Speaker 9 (01:20:25):
Yeah, all right, yeah, gosh, I'll see.
Speaker 7 (01:20:31):
This is interesting.
Speaker 13 (01:20:33):
I'd like to know.
Speaker 7 (01:20:34):
Let's see, and they're offering nineteen plus tax.
Speaker 9 (01:20:46):
Let's see here. Yeah, see, it's gonna be real hard
to find a comparable vehicle. And I would I would
think that that's probably a little low on that vehicle.
Speaker 13 (01:20:58):
I would.
Speaker 9 (01:20:59):
I would think that you would see them at twenty
five somewhere he was buying. He was thinking, it's probably
it's you know, nineteen is not terrible. I would expect
the carrier, most carriers off or twelve or thirteen on
a truck like that, But they just don't get them right.
The sources that they use and the companies that they
(01:21:20):
use to do though, can't hold you're out of diesel.
Speaker 6 (01:21:23):
S Does he go back to them and say nineteen
is low and then see what they do first?
Speaker 9 (01:21:30):
I mean definitely if they're most of these carriers, adjusters
don't have the authority to negotiate outside of the report
that they're required to use. So it's real hard to
make any headway negotiating with them. But it's worth a shot.
If you're a great negotiator, you might be able to
get them to come up enough to where it's not
worth you know, hiring an independent appraiser.
Speaker 7 (01:21:52):
Yeah, yeah, so why don't you try that first, Bob?
And then and thank you?
Speaker 13 (01:21:56):
Just told me to go to the CNT team.
Speaker 4 (01:21:58):
I'm sorry to interrupt. They told me to go to
the CMP team and upload comps. And as your Amanda said,
comps are really hard to find.
Speaker 13 (01:22:05):
That it's like the truck.
Speaker 4 (01:22:07):
So what I was trying to approach, I was trying
to do is find comps for a stock truck, which
you're average twenty five to twenty six money termines.
Speaker 15 (01:22:17):
A big part of the price, and this is low Miley's.
Speaker 4 (01:22:22):
And then say, well, these add ons are worth something.
Speaker 6 (01:22:26):
Yeah, yeah, but hold on, but you're not going to
get add ons that you never reported to them.
Speaker 7 (01:22:30):
And in short, bro, you're just not going to have
it both ways. Now, you can get some add on value.
Speaker 6 (01:22:36):
But if here's what I want to know, if you
can show just the regular base damn truck is twenty
five grand, don't go any further.
Speaker 7 (01:22:43):
That's all you want it anyway, Okay, all right?
Speaker 6 (01:22:46):
I mean, I mean, if all you wants twenty five
grand or twenty six and and there's no reason to
go beyond the normal truck.
Speaker 7 (01:22:54):
If that's what you're telling me, you're finding, you're finding
they're worth You can't find any truck like that, So
just do that right now, and then we'll get and again.
Speaker 6 (01:23:05):
Let me tell you how to get in touch with
Justin Petty or Diminished Valueexpert dot com when he's not here.
It's two one four two one four two two seven.
Speaker 7 (01:23:17):
Two one five four one five four. Guys, I'm Tom Martinez.
We got more coming right up.
Speaker 6 (01:23:28):
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 an insurance check up free, no obligation comparison
call Compass Insurance paying too much your coverage at dozens
of insurance companies find out now three all three seven
to seven to one.
Speaker 7 (01:23:47):
Help.
Speaker 6 (01:23:48):
You'll think you're his only customer when you choose Frank
durand the real estate Man dot com to list your
home with Remax Alliance three oh three nine two zero
sixteen twenty two. Hi, Tom Martino, your troubleshooter three old
(01:24:10):
three seven one three talk three O three seven one
three eight two five five. Let's talk to Mike about
the table refund. Go ahead, Mike, what's going on?
Speaker 7 (01:24:23):
Mike?
Speaker 15 (01:24:24):
Yeah?
Speaker 13 (01:24:25):
I might have been scammedal my either dollar taber reef
by this online internet place. How well, it's called texlayer
dot com and they claim to be an affiliate the
United Way and they'll follow your uh, your.
Speaker 7 (01:24:49):
Application or by the way, did you three funds go
out already?
Speaker 13 (01:24:54):
I don't know, but I heard a commercial say you
got like a until October first or something otherwise you're
gonna wait till like next year. But I haven't received anything.
And I went to the website and I.
Speaker 6 (01:25:07):
Haven't received anything either. Buddy, did you receive your taber?
I didn't receive No, I don't. I don't know anything
about it. So anyway, keep going.
Speaker 7 (01:25:14):
So you went to what website.
Speaker 13 (01:25:18):
It's called text player dot com. They claim to be
last shoot of the United Way the words of free And.
Speaker 6 (01:25:29):
Do you think did you have to put in all
your information about yourself and you think they got your tabor?
Speaker 13 (01:25:36):
That's one I'm wondering that I have not received any information.
Speaker 6 (01:25:40):
But maybe yeah, but you got to explain to me
this website you went to. What is the website? And
what do they purport to do?
Speaker 7 (01:25:50):
Well?
Speaker 13 (01:25:51):
They claim to file your taxes for you electronically.
Speaker 27 (01:25:55):
I think it's like a TurboTax.
Speaker 7 (01:25:57):
Okay, thank you, dragging it's like a turbot tax.
Speaker 13 (01:26:01):
Yeah, I guess I didn't received anything, but I don't know.
Speaker 7 (01:26:07):
Okay, did you go to the tax website after you
did not receive your taber? Or did you do it
from the beginning to do your taxes?
Speaker 13 (01:26:20):
I have not gotten back there since then.
Speaker 7 (01:26:23):
But here's what I'm asking. What brought you to that website?
Speaker 13 (01:26:28):
It was an email?
Speaker 7 (01:26:30):
Okay, so that's why you went.
Speaker 6 (01:26:31):
You went there to do your taxes, and you believe
they received your refund.
Speaker 13 (01:26:38):
No, That's what I'm wondering. But if you ever received
it and no one else has, what is taking song Dragon?
Speaker 7 (01:26:45):
Did you get yours? I don't know of anybody who
got there, So.
Speaker 27 (01:26:47):
I think it's a little too soon at that point,
isn't it? Because I think was it this time roughly
last year? Pullus was getting it to us all soon
before the election because he wanted to make sure he
got reelected.
Speaker 6 (01:26:58):
Well, he wanted to take credit for it, which was
in place long before him. I know, I know he
made it sound like he was the one doing it.
Here's what I need to ask a couple questions here.
I need the actual website.
Speaker 13 (01:27:13):
I their their phone number is? Now?
Speaker 7 (01:27:18):
How about their website. You got their website.
Speaker 13 (01:27:23):
Support at my Free Taxes dot Com phone number eighty
six six six.
Speaker 7 (01:27:31):
Five.
Speaker 13 (01:27:31):
I haven't tried any of this yet.
Speaker 7 (01:27:34):
Real quick six, real quick question.
Speaker 27 (01:27:37):
No, you used tax Slayer as your tax software though, correct. Yeah,
so this isn't just some random email that you got
from a company saying, hey, you missed your table refund,
use us to get it.
Speaker 7 (01:27:48):
No. No, he said it was tax Slayer, correct, which
which he has used in the past.
Speaker 13 (01:27:55):
No, I haven't.
Speaker 27 (01:27:56):
You've never used tax Slayer.
Speaker 7 (01:27:59):
No, they claimed to be from Did you ever check
with the I R S to make sure it was filed?
Speaker 19 (01:28:06):
No?
Speaker 13 (01:28:07):
Because it's it's so circu this.
Speaker 6 (01:28:11):
Well, that's the first thing you need to do, right.
The first thing you need to do is you can
see if your file, if your taxes have been filed.
That's the first thing.
Speaker 9 (01:28:20):
Yeah.
Speaker 13 (01:28:20):
Mark Major is really great on this. He helped last time,
helped what get get get a refund from uh uh
the Coro Department of Revenue.
Speaker 2 (01:28:33):
Yeah.
Speaker 13 (01:28:33):
Mark, Mark's really been great on this.
Speaker 7 (01:28:35):
Good. But here's what we need to do first.
Speaker 6 (01:28:38):
Okay, I need so when Mark helped you before, did
you had you done your taxes to the same service.
Speaker 13 (01:28:47):
No, I didn't. And then it was a website specifically
on C dot rev or whatever it is, and it's
not there now, and they just I don't know what's okay.
Speaker 6 (01:29:00):
When your first of all, Mike, you have to help us.
You're making zero sense to us. So let me get
this straight. One time you filed your tax you didn't
know who a refund was. You called and Mark help you.
Now you file your tax with tax Slayer and you
think maybe they took your refund or you don't know
where it is.
Speaker 7 (01:29:19):
Again, you don't.
Speaker 6 (01:29:20):
Even know if if that that tax service actually filed
your taxes. You did not even go so far as
to see if your taxes have been filed?
Speaker 7 (01:29:29):
Is that right.
Speaker 10 (01:29:31):
True?
Speaker 13 (01:29:32):
They just sent me a confirmation email.
Speaker 7 (01:29:35):
Okay? Who sent you the confirmation email?
Speaker 13 (01:29:39):
Tex splayer?
Speaker 7 (01:29:40):
Okay, can you send us a copy of that confirmation email?
Speaker 13 (01:29:48):
It was last year or.
Speaker 7 (01:29:50):
You don't have it?
Speaker 9 (01:29:52):
No?
Speaker 13 (01:29:53):
Yeah, okay, so.
Speaker 6 (01:29:54):
You have Do you have any way of knowing, for
God's sakes, if tax Slayer actually filed your taxes?
Speaker 19 (01:30:05):
No?
Speaker 13 (01:30:05):
I don't. Okay.
Speaker 7 (01:30:07):
If you go to tax Slayer right now, can you
log in?
Speaker 13 (01:30:12):
I haven't tried it?
Speaker 7 (01:30:14):
Well, you got to that. Okay, you have to you
have you're the one that did it.
Speaker 6 (01:30:19):
So if I went to tax layer right now, there's
a log in with a username and password.
Speaker 7 (01:30:25):
Do you have a username and password?
Speaker 13 (01:30:28):
I haven't tried it. I don't know that's true.
Speaker 7 (01:30:32):
Well, in order to.
Speaker 6 (01:30:33):
File your taxes, you had to have gone on with
a username or password. So I'm asking you, did you
ever have a username or password?
Speaker 13 (01:30:43):
Oh? I have to go back and check.
Speaker 7 (01:30:46):
Well, the answer is you did. Okay, Now what you do?
Here's the good part.
Speaker 6 (01:30:51):
On the login page, it has a place for forgot
user name or forgot password.
Speaker 7 (01:30:59):
You can do both.
Speaker 6 (01:31:01):
So all you have to do is supply your email address.
Do you know the email address you would have used
when you logged on?
Speaker 7 (01:31:11):
Maybe? Okay, maybe, okay, I'll tell you what.
Speaker 6 (01:31:14):
Then, when you find out any information at all about yourself,
then go to TaxSlayer dot com and retrieve your username
or password or both and log on to that. That
place will have a record of your filing and then
(01:31:35):
we can help you.
Speaker 27 (01:31:36):
And Mike just say we're very clear here. Do not
click on anything you got in that email.
Speaker 7 (01:31:42):
No, go do go to tax slayer. Go directly to
TaxSlayer dot com.
Speaker 13 (01:31:50):
Directly go to can I go to call a department?
Speaker 6 (01:31:55):
No, here, go to taxlayer dot com retrieve your username
or pass. That's really what you need to do. I
got to move on my three oh three seven one
three talks seven one three eight two five five. Jeff
has a question on evaluation of a Ford. Now, now, Jeff,
do you have the same question as that other guy?
Speaker 7 (01:32:12):
Was your car? Was your truck stolen?
Speaker 15 (01:32:15):
Actually? No, we have a vacation home in Nebraska. Yeah,
and we got hit by a tornado wo with me
my neighbor's garage landing on top of my garage. And
this truck was just Christine. It was a two thousand
(01:32:38):
and eight Ford and ed didn't have a scratch on
it anywhere.
Speaker 7 (01:32:44):
Was it registered?
Speaker 13 (01:32:48):
Oh yeah, okay yeah.
Speaker 6 (01:32:52):
And so you're going to get what a normal two
thousand and eight four truck with that mileage is worth.
Speaker 15 (01:33:02):
Yeah, And that's what they tried to do. They tried
to give me fourteen thousand for it.
Speaker 7 (01:33:08):
And what company was it? What company?
Speaker 20 (01:33:11):
H Shanitar or Century Century?
Speaker 7 (01:33:16):
Listen, here's the thing with an ass Yeah, that's right. Century.
Speaker 6 (01:33:21):
Now listen, you're only going to get what it's worth okay,
even if it was in pristine condition.
Speaker 7 (01:33:27):
You'll get a little more for its condition. How many
miles were on it?
Speaker 15 (01:33:32):
There is ninety three miles on it, ninety three thousand.
Speaker 6 (01:33:37):
Okay, listen, here's what you can do. Did you get
that number for Petty Details?
Speaker 9 (01:33:46):
No?
Speaker 15 (01:33:46):
I didn't.
Speaker 6 (01:33:47):
All right, hold on and you'll get it. Kachina will
get that for you. Call Petty at Petty Details and
ask what the valuation is to see if your clubs.
They can help you. Okay, and most of their help
upfront is free of charge. We got more coming up
on the Troubleshooter Show three O three seven one three
(01:34:09):
eight two five five. 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 an insurance check up, free,
no obligation comparison call Compass Insurance paying too much your
(01:34:31):
coverage at dozens of insurance companies find out now three
oh three seven seven to one help. You'll think you're
his only customer when you choose Frank durand the Real
estate Man dot com to list your home with Remax
Alliance three oh three nine two zero sixteen twenty two.
Speaker 7 (01:34:51):
Martin here three three seven on three talk.
Speaker 6 (01:34:55):
Tom has a question on tree damage, and speaking of trees,
we're gonna talk to Deputy dot who's got an update
on this Mendez tree removal.
Speaker 7 (01:35:04):
But first let's talk to you, sir. What's happening? Tom? Hi?
Speaker 21 (01:35:08):
Tom? How you doing?
Speaker 4 (01:35:09):
Yeah?
Speaker 21 (01:35:09):
A couple of weeks ago, about a weeks ago, I
had a gentleman decided to park his pickup truck on
my property between two large trees. He actually took out
one and damaged ford.
Speaker 7 (01:35:22):
And who did this? What it was it a company?
Speaker 21 (01:35:26):
No, it was a It was a young man driving
his truck at seventy miles an hour and a twenty
five sev alone.
Speaker 7 (01:35:31):
Okay, so did he is there a police report? Was
he caught or did he leave? What happened?
Speaker 21 (01:35:38):
No, there is a police report. He just he was
carried out of an ambulance. He didn't he didn't walk away.
Speaker 6 (01:35:45):
But you know, well, okay, so his insurance will have
to pay for damages to your property.
Speaker 21 (01:35:51):
True, I understand that. Well, my question is I mean
when I live in the very north and tip of
the flat forest, these two trees that are seriously damaged,
and I've already had somebody come out and look at
maybe removing them, said that they're not going to survive,
so we're gonna have to have them cut down. But
I'm wondering if they have a value, because they do.
Speaker 7 (01:36:12):
Yeah, yeah, they do.
Speaker 6 (01:36:14):
Now I find that dal that I don't know, but
I do know landscaping has a value. Now it may
not be worth what we think it's worth, but again,
what we could do is called compass and see what
they suggest. They had to have come across this before,
so hang on. Now this is the result. See and
(01:36:36):
this is different. This is not your own insurance or
although it could be as well, it could be either
his insurance or yours. Does his insurance offer anything? Are
they cleaning up or doing anything?
Speaker 21 (01:36:49):
Right now? I just got the police report today, so
I haven't contacted anybody other than another tree guy to
come out and take a look.
Speaker 7 (01:36:57):
Let's talk to Compass.
Speaker 13 (01:36:58):
I need to.
Speaker 7 (01:36:58):
We need to talk about home owners versus auto versus. Yeah,
like who's going to pay what?
Speaker 6 (01:37:07):
So hang on and we'll get somebody on three oh
three seven one three eight two five five.
Speaker 7 (01:37:13):
I'm writing down Compass Insurance.
Speaker 18 (01:37:17):
And ask if if the kid was alive because it
was a fatal accident, it puts in a whole different story.
Speaker 7 (01:37:25):
Not with insurance, it doesn't. Why would it change anything. Uh,
that's a good point. I thought it might.
Speaker 18 (01:37:34):
If if the person was deceased, then they have to
go through his Uh it would be story right.
Speaker 7 (01:37:41):
Oh no, no, no, no, absolutely not. It's if not
if he was insured.
Speaker 6 (01:37:47):
Now, if he was uninsured and you're suing him, then
you would have to go to his estate.
Speaker 7 (01:37:52):
That would be true, that would be true.
Speaker 6 (01:37:55):
But if he's insured, the accident happened while he was alive,
that that claim is alive.
Speaker 7 (01:38:01):
Okay, good point. Yeah. Now what about the Mendez guy?
What happened? Oh well, I want to explain to people
what happened. Jamie paid him forty twenty.
Speaker 6 (01:38:12):
Four hundred bucks to remove trees and trim around her
house and her neighbor's house, and he did a bad
job and it's incomplete.
Speaker 7 (01:38:22):
What did he say, Well, he said it was complete.
Speaker 18 (01:38:24):
And they went back and forth. I went on a
three way call and they went back and forth a
little bit. But he is going to send somebody out
there tomorrow, and she's they're gonna take pictures and I
told Jamie that before he leaves, while he's on site,
call me and if if it isn't done to her satisfaction,
(01:38:49):
while he's there, I'll find out exactly what it is
she wants done that isn't being done.
Speaker 7 (01:38:55):
Well, he said it, So is he going out personally?
I send me one of his guys out.
Speaker 6 (01:39:00):
Okay, and he's but he claimed it was done correct.
Speaker 7 (01:39:05):
So was she surprised at that? Uh? Yeah, a little bit.
Speaker 18 (01:39:09):
You know, people get defensive when you when you accuse
them of things, and we didn't accuse them of doing
a bad job. I said, look, there are a couple
of little things that she wants taken care of. And
basically I said, he'll send his guy out. And like
I said, I told Jamie, call me before he leaves,
and if there's anything that hasn't been done that you
want done, I will talk to the guy and we'll
(01:39:30):
get the satan care of.
Speaker 7 (01:39:31):
So I will give you an update probably on Monday.
All right, three h three seven one three eight two
five five.
Speaker 6 (01:39:47):
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 an insurance check up free no obligation. In comparison,
call Compass Insurance paying too much your coverage at dozens
of insurance companies find out now three all three seven
seven to one help You'll think you're his only customer
(01:40:09):
when you choose Frank durand the real estate Man dot
com to list your home with Remax Alliance three all
three nine two zero sixteen twenty two. Hi Tom Martino
here at three all three seven one three talks seven
one three eight two. Brian Burns's quick question here, Brian,
if somebody slams into my house and ruins a treekay,
(01:40:33):
a really beautiful big tree, how do you put a value?
And by the way, Brian Burns is with Compass Insurance
Group home of the insurance checkup.
Speaker 7 (01:40:42):
How do you put a value on that tree?
Speaker 13 (01:40:45):
Wow?
Speaker 22 (01:40:46):
Well, so, if it's a normal damage, the problem is
if you're you're claiming it on your own policy, they
put the value because they have a limitation. But if
you're talking about going after somebody else because of what
damage they did to you, that's different. That's kind of
outside my scope because it's not really an insurance issue
at that point. It's more of the value of the tree.
(01:41:07):
It's more of a lawsuit.
Speaker 7 (01:41:08):
But yeah, but I guess I'm asking you this.
Speaker 6 (01:41:11):
Would do you believe an automobile liability policy extend to
landscaping damage?
Speaker 18 (01:41:20):
Yes?
Speaker 22 (01:41:20):
Yeah, absolutely, that's liability. Still, I mean you did damage
to someone else's property and that tree has value, no
doubt to it. So yes, your liability or the driver's
liability should pay for the damage to that.
Speaker 6 (01:41:33):
That's what we were asking. So, Tom, you're not barking
up the wrong tree. Tom, that that but you're But
now Compass can't tell you how to get it evaluated.
You'd probably have to talk to an arborist or something exactly.
Speaker 13 (01:41:48):
Okay, Now, okay.
Speaker 6 (01:41:51):
Again, there's going to be a limit. There's not going
to be a replacement of that exact tree. That tree
has a value, and what you may have to do
has planned a much smaller, younger tree and take the
rest in cash.
Speaker 7 (01:42:04):
In other words, when you get compensated.
Speaker 6 (01:42:06):
For loss, it's not always going to be it's not
going to make you one complete all the time. Like
it may be impossible to transplant a tree that big. Yeah,
so anyway, but there is value to it. Okay, that's
(01:42:27):
the question. Now, Brian. Another question, what if this guy
was uninsured or what if it was a hit and run?
Would your homeowner's policy cover that so?
Speaker 22 (01:42:39):
And that is where you would have to actually look
at your policy language.
Speaker 15 (01:42:42):
There is coverage for trees.
Speaker 6 (01:42:46):
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 an insurance check up free, no obligation. In comparison,
call Compass Insurance. Pay too much your coverage at dozens
of insurance companies find out now three all three seven
to seven to one.
Speaker 7 (01:43:06):
Help.
Speaker 6 (01:43:06):
You'll think you're his only customer when you choose Frank
durand the real estate Man dot com to list your
home with Remax Alliance three all three nine two zero
sixteen twenty two.
Speaker 1 (01:43:16):
Yeah, ripped of bad news? De need advice, you don't
have the come running just as fast as.
Speaker 9 (01:43:31):
We can show.
Speaker 1 (01:43:32):
Shooter's gonna help.
Speaker 7 (01:43:34):
Come man, This is the Troubleshooter Show. Now Tom Martine, Hi,
Tom Martino here, Welcome to the show.
Speaker 6 (01:43:43):
Three oh three seven one three talk seven one three
eight two five five. This hour brought to you by
one Clear Choice Garage Doors. When it comes to garage doors.
You know, right now a lot of these companies are
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Speaker 7 (01:44:24):
Let's continue. We're here talking about anything you want to
talk about. Three oho three seven one three talk now, Marlene,
what's going on with you? Marlene, Welcome to the show.
I'm told to check my email, which I'll do. Apparently
you sent an email, so go ahead. Start your story.
Speaker 26 (01:44:47):
Well, about two years ago, I contacted home Depot about
repairing some windows in my house, and the sales reps
insisted that I had to have replacement windows because I'm
one of the windows that still was rotted and the
other window, a double pane glass was broken.
Speaker 23 (01:45:04):
Yeah, And so I believed him and we order you know, it.
Speaker 26 (01:45:08):
Was like two to three thousand dollars. So there's placement windows.
Speaker 23 (01:45:10):
And then they came out and their chuck cut the
sill where it was added and just butted.
Speaker 3 (01:45:17):
Up some new wood.
Speaker 23 (01:45:18):
He didn't take the entire sill out. And so I
contacted Home Depot again and said night, Now.
Speaker 6 (01:45:24):
When you went to home Depot, did they sub this
out or was it Home Depot? I think they have
a company that's an approved vendor, right, their.
Speaker 26 (01:45:35):
Sales rep is Home Depot and the contract I signed
was from home Depot.
Speaker 7 (01:45:42):
Okay, And how many windows?
Speaker 23 (01:45:44):
There were two windows, and so the one had the
rotted chill.
Speaker 7 (01:45:48):
And that's all.
Speaker 6 (01:45:49):
Wait, wait, so you only bought two replacement windows. Yes,
and by the way, I just want to tell you
something that was probably a good idea, not you know,
to replace them. Now I can't speak to what they did.
So are you saying that both replacement windows were jacked.
Speaker 7 (01:46:08):
Yes.
Speaker 23 (01:46:09):
When they did the installation, I'm the one with a
rotted sill, they said I needed a new window because
it had a rotted sill, and they didn't replace the
entire sill. So they came back fan died out colomy.
Speaker 26 (01:46:21):
It three times to now.
Speaker 6 (01:46:23):
Now where does it stand today? What still needs to
be done in your estimation?
Speaker 26 (01:46:28):
Okay, on the other window that didn't have a rotted sill,
that chill is now completely rotted. And I called him
and I said.
Speaker 23 (01:46:37):
Wait a minute, this should be a two year new shill.
Speaker 26 (01:46:41):
They never replaced the sill on that other window, even
though they claim it's part of the window.
Speaker 23 (01:46:46):
So now I have a totally rotted sill.
Speaker 26 (01:46:48):
They sent out an inspector.
Speaker 7 (01:46:50):
He said, wait, wait, wait, are you saying a sill
or a still.
Speaker 26 (01:46:55):
A still the war bottom part of the window that
is part.
Speaker 7 (01:47:00):
Of the window. Are they saying it's not part of
the window.
Speaker 26 (01:47:04):
No, the thing is part of the window. And that's
why I needed new replacement windows. But when they installed
the window, they didn't replace the sill.
Speaker 7 (01:47:14):
Well, that's ridiculous. Okay, hold on, hold on, so right now, though,
let me let me get this straight. If they replace
the sill, are they available separately?
Speaker 26 (01:47:32):
They claim no, but they didn't do it when they installed.
Speaker 15 (01:47:37):
The new No.
Speaker 7 (01:47:38):
I get that they didn't do it.
Speaker 6 (01:47:40):
Then if they did not do the sill, they installed
a window and took the sill off the old window
and put it on.
Speaker 7 (01:47:48):
The new one.
Speaker 26 (01:47:50):
No, it's just part of the framing and so they didn't.
Speaker 23 (01:47:55):
Have to touch it.
Speaker 6 (01:47:56):
I get what you're saying. So you're saying the inside
trim had the sill on it. Yes, okay, I want
to explain something to you. Listen, now that I know
what you're talking about. There are drop in replacement windows
that do not include the sill where the sill is
(01:48:17):
part of the trim, and if they did not do
new trim, you would not get a new sill. But
there are some windows that include sills. It really is
whatever you signed for.
Speaker 26 (01:48:35):
Okay, Well, they told me that they would replace the shills,
because that was my problem, was that.
Speaker 7 (01:48:42):
In your contract.
Speaker 26 (01:48:47):
I believe it was.
Speaker 6 (01:48:49):
Well, let me see your contract then, Marlene, because listen,
if they said windows and sills and trim, then you
get it. If it doesn't, you're not gonna get it.
I mean, Marlene, listen, I understand what you're saying.
Speaker 15 (01:49:03):
Though.
Speaker 6 (01:49:03):
I understand they looked at the sills and said, oh man,
you need all new windows. I think what they were
saying is the reason your sills are rotting is because
they got wet from the old windows. You need to
put in new windows, which was probably correct, But the
sills themselves, if they are attached to the molding. When
(01:49:24):
you look at the sills and they pulled out the windows,
that sill was still attached to the molding.
Speaker 13 (01:49:29):
Is that right?
Speaker 6 (01:49:31):
Yes, Okay, then it's not I know you're not gonna
like hearing this, but then it's truly not part of
the window.
Speaker 23 (01:49:40):
Exactly.
Speaker 6 (01:49:42):
Well, well, it can't be that much to put two
new sills or even all new trim up.
Speaker 7 (01:49:49):
It can't be that much.
Speaker 26 (01:49:51):
Well, they insisted that they couldn't do that, that they
had to replace the windows in order to replace them.
Speaker 7 (01:50:01):
Marlene, Marlene, it doesn't matter about that. I get what
you're saying. They were kind of right.
Speaker 6 (01:50:09):
They're telling you that if they replaced the trim and
the sill, it would probably rot again because of the
old windows, the old windows.
Speaker 7 (01:50:19):
Probably how old were the old windows They were.
Speaker 26 (01:50:24):
Thirty years old.
Speaker 6 (01:50:24):
Yet then they needed to be Listen. I don't think
you did a bad thing replacing the windows. You just
got to get your head around this. So now all
you need to do is put in new trim with
new sills. That is not unusual to do when you
change the windows. But if you did not pay for
(01:50:45):
the trim and the sills, it's not automatically done.
Speaker 20 (01:50:51):
I did pay for it.
Speaker 6 (01:50:53):
We're okay, then you're gonna okay, put her on hold.
Show me the contract because I don't see it in
your email. Show me the contract that says replacement windows,
trim and sill. Just show me, and I promise you
will fight for you, okay, because I need to see the.
Speaker 7 (01:51:08):
Contract because you you you said they don't. They said
it's not part of the replacement window. Okay, it's not.
Speaker 6 (01:51:17):
But you said you bought everything, the new sills with
the trim. That's what I need to see, Kachina. There's
no sense going in circles. I need to see your contract.
Three oh three seven one three talk seven one three
eight two five five. So, buddy Mitchell, we got a
quick question here about the They want to know on
(01:51:38):
a basement floor, someone recommended a sub floor. Someone else
recommended a thin set. They want to know what does
that mean? What does she need normally on a floor
when she's putting down LVP.
Speaker 7 (01:51:54):
Go ahead, there, there you go, sirt.
Speaker 17 (01:51:57):
We we go in and grind the high spots in
the concrete and level and then level.
Speaker 7 (01:52:02):
It so you don't have to be done. You don't
do a thin set whatever that is.
Speaker 17 (01:52:06):
Thin set is level okay, right, we use a special
material that bonds with the concrete. After you grind it,
you grind it and the wrong word they're using the
wrong word.
Speaker 7 (01:52:15):
You're using whatever a level or so. But first you
grind to almost level.
Speaker 17 (01:52:21):
Well, grind as much as we can, yeah, and then
you put the level or we do flattener flattener okay, okay,
we're not going to make the whole base get flattener.
Speaker 13 (01:52:29):
Right.
Speaker 7 (01:52:30):
Do you ever need a sub floor put down?
Speaker 13 (01:52:32):
No?
Speaker 7 (01:52:33):
Okay? What is they want to know this? Do they
need a vapor barrier? Yes?
Speaker 13 (01:52:39):
What is that? Well?
Speaker 7 (01:52:41):
Okay, yes and no okay.
Speaker 17 (01:52:43):
A vapor barrier is a piece of plastic, a six
mili piece of plastic that you lay on the floor
and then you put the LVP over it.
Speaker 7 (01:52:50):
Okay.
Speaker 17 (01:52:50):
I've been doing basements for ten years. Yes, I work
with lots of basement companies. Okay, we never did it.
We've never had an issue. But if you have an issue,
you know they're going to say, oh, you should have Now.
The LVP companies came out about a year year and
a half ago and started requiring it.
Speaker 7 (01:53:11):
So they didn't. No, because it traps moisture, So you
don't put vapor berries. We don't. We checked the liability
and you've not had any problems.
Speaker 17 (01:53:21):
I have done six to seven basements a week for
ten years and never had a problem.
Speaker 7 (01:53:27):
Never had a problem. Oh, never happened.
Speaker 17 (01:53:30):
Well, I had problems in the beginning because I didn't
flatten the floors, okay, and then I had a problem
in the beginning because I used the home depot floor
level or and over time people walking on it, it
turned into like gravel because it didn't chemically bond.
Speaker 6 (01:53:45):
And the new stuff chemically bonds. Yes, that sounds like
some good stuff, right.
Speaker 17 (01:53:49):
Yeah, it's specially designed to make the floor flat and
it bonds with the concrete below it.
Speaker 7 (01:53:56):
All right, So that's simply Floors Inc. Dot Com.
Speaker 6 (01:53:59):
I was asking us because he's got just straight information. Hey, uh, Sally,
what's your question about a judgment.
Speaker 19 (01:54:09):
Called your property manager that stole my rent and my
security deposits?
Speaker 6 (01:54:14):
Wait a minute, wait a minute, you what do you
mean they stole What do you mean the property manager
stole it?
Speaker 19 (01:54:21):
Well, the tenants paid by zell I think it is.
Speaker 7 (01:54:25):
And he's, oh, you're you are? You are the landlord.
Speaker 19 (01:54:29):
I'm the landlord, but the property manager collects the rent
and then they're supposed to disperse to me.
Speaker 7 (01:54:35):
Oh, now did you fire this property manager?
Speaker 19 (01:54:39):
Well, I didn't have to because I couldn't get a
hold of him. I just went to the police like
you told me to do. And that was a year ago.
Speaker 7 (01:54:46):
And now I oh, wait, Sally, so you called me
on this a year ago.
Speaker 19 (01:54:50):
Yeah, it took that long. And what happened, well, actually,
you know you were so firm about it. You go
talk to the tennis.
Speaker 6 (01:55:01):
This was a Darryl Darryl evangelista. Right, okay, hold on,
I'll come right back. Hold on, dear, I'll come right
back to you. I remember this clown three oh three seven, one,
three eight, two five five more coming right up on
the Troubleshooter Show.
Speaker 7 (01:55:16):
And I want to tell you about this.
Speaker 6 (01:55:17):
Excel Roofing is the best roofer, not just because of
how they do roofs, but how they inspect the entire
roof system. I'm gonna give you a personal sample. My
attic was one hundred and thirty degrees and I thought
I was doing everything right. That would have ruined my roof,
my decking and everything if.
Speaker 7 (01:55:34):
I didn't go to Excel.
Speaker 6 (01:55:35):
They do more than roofs. They know the entire roof system.
They know how to make roofs last forever.
Speaker 7 (01:55:42):
I mean not forever, but you know what I mean.
Speaker 6 (01:55:43):
Right, Excel as an excellent ex Cel Excel Roofing dot com.
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 an insurance check up free, no obligation. In comparison,
call Compass Insurance paying too much your coverage at dozens
(01:56:05):
of insurance companies find out now three all three seven
to seven to one.
Speaker 7 (01:56:08):
Help.
Speaker 6 (01:56:09):
You'll think you're his only customer when you choose Frank
durand the real estate Man dot com to list your
home with Remax Alliance three all three nine two zero
sixteen twenty two. Hi Tom Martino, you're troubleshooter. So I
have a picture of Darryl Evangelista. He's still in business,
(01:56:29):
still advertising big, but Sally said he took several rents
and never passed him on as a property manager.
Speaker 7 (01:56:36):
So did you get a judgment against them sally, Yes.
Speaker 19 (01:56:40):
So I sort of like run that. But that's part
of my question, like what happens now and what does
it mean if he doesn't pay and I go to
civil court? I don't get it.
Speaker 7 (01:56:49):
Well, you already got a judgment, so you did go
to civil.
Speaker 19 (01:56:52):
Court, right, I went to a law court, but you
know it was just in August first, so I haven't
gotten any.
Speaker 7 (01:57:01):
Did the judge, did Darryl show up?
Speaker 19 (01:57:10):
He shut up and then he said, yeah, I did it.
Speaker 22 (01:57:13):
I took it.
Speaker 7 (01:57:13):
Well, let me ask you. Was this a law enforcement
action or was this a civil or was this a
lawsuit you brought?
Speaker 19 (01:57:21):
It was law because I don't know anything about what
civil means.
Speaker 6 (01:57:24):
Okay, okay, So in other words, why were you there?
Did the police contact you?
Speaker 4 (01:57:31):
Well?
Speaker 19 (01:57:31):
I contacted them and gave a report.
Speaker 7 (01:57:33):
And then he was arrested. Did the court order restitution?
Speaker 19 (01:57:39):
Correct?
Speaker 7 (01:57:40):
How much restitution per month?
Speaker 4 (01:57:44):
Well?
Speaker 19 (01:57:44):
I don't that's part of my question. I don't know
the details. And of course I can call them now,
but I called you first.
Speaker 6 (01:57:50):
Okay, here's what you need to do. You're saying, how
do you know there was a rid of reimbursement or restitution?
Speaker 7 (01:57:58):
How do you know that.
Speaker 4 (01:57:59):
The judge said, so good.
Speaker 6 (01:58:01):
Now you need to contact the clerk of the courts
or that court case. Yep, and you need to ask
them for details in the jacket on how much in
the transcript, how much was ordered that he pay and
when does it start?
Speaker 21 (01:58:16):
When was the hearing August first?
Speaker 7 (01:58:20):
And was it brought by the DA. Yes, they will
have the information too.
Speaker 19 (01:58:27):
They said state of Colorado on there, so I assume
that's the same thing.
Speaker 7 (01:58:31):
It may be the Attorney general. Do you know if
there were a lot of victims.
Speaker 4 (01:58:37):
There was.
Speaker 19 (01:58:38):
I know there was one other victim before I came along,
but that didn't come up in the discussion.
Speaker 7 (01:58:45):
So you were at the hearing.
Speaker 19 (01:58:48):
At the restitution hearing, is okay.
Speaker 6 (01:58:51):
So contact that judge or the district attorney and they'll
give you all the details you need. On reimbursement, it
happened to me once where somebody was ordered and then
they send checks and if they don't, you contact the
courts and they put them in jail. So you don't
(01:59:12):
really need you do not need a civil judgment unless
you wanted to do go beyond the criminal institution.
Speaker 19 (01:59:20):
I don't want to go beyond that. I just want
what the judge told me I should get.
Speaker 7 (01:59:26):
What did the judge say you should get?
Speaker 1 (01:59:29):
Well?
Speaker 19 (01:59:30):
I had it's nine two hundred. He got a little bit,
and I got the bulk of it. But I just
don't know the details. And that's why I was called who.
Speaker 7 (01:59:38):
Got a little bit and you got the bulk of it?
Speaker 9 (01:59:40):
Who got a lill mount?
Speaker 26 (01:59:41):
Was ten?
Speaker 24 (01:59:41):
Nine?
Speaker 19 (01:59:43):
Then the judge said, okay, Darryl, you can have the
half month's rent for finding the tenant and six hundred.
Speaker 7 (01:59:51):
Oh, I get it, got it? I get it. So
he he said, I'll subtract what your fees would have been.
Speaker 6 (01:59:58):
Got it?
Speaker 7 (01:59:59):
Did he say how much he has to pay that?
And how.
Speaker 19 (02:00:04):
No, that's actually why I'm calling you. I know, I'm always.
Speaker 6 (02:00:10):
Okay, normally listen carefully. Normally they they set out a
payment plan.
Speaker 26 (02:00:16):
Yep.
Speaker 7 (02:00:17):
You may want to take that judgment.
Speaker 6 (02:00:21):
And get you may want to take that court ruling
and get what's called the transcriptive judgment. Okay, And that
would mean then you could go go for clothes on
stuff he owns.
Speaker 7 (02:00:35):
Does he own a home?
Speaker 19 (02:00:36):
That's a little beyond me, I think, But Sally.
Speaker 7 (02:00:40):
Sometimes you got to hire an attorney.
Speaker 9 (02:00:42):
Yep.
Speaker 7 (02:00:43):
So I suggest you start with Frank Ball B A L. L.
Frank Ball.
Speaker 6 (02:00:55):
Is a collection attorney, a really good I don't know
if he can take your case or not. He has
a lot of regular clients, but he might have a
reference for you, or he might add fees. It depends
on what this restitution order is all about.
Speaker 19 (02:01:14):
So I really need to see that transcriptive judgment that
you mentioned before.
Speaker 7 (02:01:18):
I guah, yes, or or or the court order for restitution.
Speaker 6 (02:01:24):
You need to get that in your hands and then
ask Frank about collecting on it.
Speaker 7 (02:01:30):
Okay, he may have some ideas on how to collect
on it.
Speaker 4 (02:01:36):
Well.
Speaker 19 (02:01:36):
And maybe the first payment isn't due for three months.
Speaker 7 (02:01:39):
I don't know, Maybe that's right.
Speaker 6 (02:01:41):
That's why you need to get the details from the
court and when and if you can't. If you can't,
you call me back because I got a record of
your call. I brought it right up and we will
revisit this.
Speaker 19 (02:01:52):
I'm astounded.
Speaker 6 (02:01:54):
Yeah, well, I really do keep records of people who
call because we want to help them. So thank you
for calling back and letting a snow where you stand.
Three oh three seven one three talks seven one three
A two five five more coming right up, 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
(02:02:17):
an insurance check up free, no obligation. In comparison, call
Compass Insurance paying too much your coverage at dozens of
insurance companies find out Now three oh three seven seven
to one help. You'll think you're his only customer when
you choose Frank durand the real estate Man dot com
to list your home with Remax Alliance three oh three
nine two zero sixteen twenty two. Tom Martine here three
(02:02:41):
oh three seven one three talks seven one three eight
two five five. By the way, Killing Park is law
KP dot com Killing Park for estate planning and wills.
Speaker 7 (02:02:55):
Somebody asks me, do they really do all of the
planning free? And the answer kind of yes, they do.
Speaker 6 (02:03:01):
They They come up with all the strategy with pricing
next to it, so they won't execute the trust, but
may recommend a trust. They don't actually write the will,
but recommend the will or recommend the rebate, the review
or the update or whatever, and then or the beneficiaries deed.
All of that's recommended with pricing and then you decide
how much of it you want to do LAWKP dot com.
Speaker 7 (02:03:23):
Now let's talk people.
Speaker 6 (02:03:26):
Let's go back to Okay, it's at lara'stern, Lara an
issue on banking.
Speaker 7 (02:03:30):
What's going on?
Speaker 22 (02:03:31):
Lara?
Speaker 25 (02:03:34):
Yes, Hi, I married my husband is a second marriage
for both of us three years ago, okay. And she
claims bankruptcy nine years ago okay, prior to when we
were married and prior to when we coming go.
Speaker 7 (02:03:51):
Sounds right.
Speaker 25 (02:03:53):
We found out today, like the bank didn't even call us.
It was a check he wrote for a used car
to a young woman who had blown up her engine.
She tried to cast the check and the and the
bank said that the that the bank accounts were frozen.
Speaker 6 (02:04:11):
Wait a minute, Wait a minute, this check that he wrote,
When did he write this check?
Speaker 25 (02:04:17):
Oh, probably two weeks ago?
Speaker 7 (02:04:20):
And and was it a legit check? He did write
this check, Yes, you did.
Speaker 25 (02:04:24):
We bought a used vehicle from a young lady down
the road. And so what I'm saying by that is
that a bank didn't call us to tell us that
it was frozen. We had to find out because they
didn't honor a check that why was you why was
your bank account frozen while they're saying that it was
frozen because of a disbankruptcy nine years ago.
Speaker 7 (02:04:49):
Why though, that doesn't make sense. Was the bankruptcy discharged?
Speaker 6 (02:04:54):
Yes, that means by the way, for those listening, discharged
means good, it was all on, all the debts went away.
Speaker 7 (02:05:02):
Dismissed would not be good.
Speaker 6 (02:05:03):
Okay, So the bankruptcy was discharged how long ago?
Speaker 25 (02:05:08):
Nine years ago?
Speaker 7 (02:05:10):
And nine wow?
Speaker 25 (02:05:12):
And he's had accounts with the same bank, it's that
credit Union, same bank since that time. And then we
opened a joint EXE.
Speaker 6 (02:05:20):
So are are you saying right now you could not
get your money out of that account?
Speaker 26 (02:05:25):
No, no, we can't.
Speaker 25 (02:05:27):
We can't use those accounts at all, which includes my
money from the sale.
Speaker 19 (02:05:31):
Of my home.
Speaker 6 (02:05:32):
Okay, hold on, something something is wrong. Why something obviously
got screwed up. I mean, I can't even imagine why
a nine year old case is coming back to haunt you.
Speaker 25 (02:05:47):
I don't know either.
Speaker 19 (02:05:48):
We haven't.
Speaker 25 (02:05:49):
We're going down there. They said that they can't do
anything over the phone, so we're going down there today.
Speaker 6 (02:05:54):
But I just want to know what my like, Okay, right,
I mean, here's what we're gonna do. Here's what we're
going to do. We're going to get Mike Wink. Let's
try to get Mike Wink on right now, Kachina if
we can, Okay from the Wink Law firm. He does bankruptcy.
He's our bankruptcy expert, Kaschina. Let's try to do that
(02:06:15):
before the end of the show for her. Hold on,
all right, Lara, We'll try to get someone on to
answer for you. Three oh three seven one three eight
two five five Mike, what's going on with you?
Speaker 11 (02:06:23):
Hello, Mike, Hi Tom, Thank you for taking my call.
I had a couple of things that I wanted to
point out to your listeners. Yes, I have recently gone
online and ordered two mattresses from two separate companies for delivery.
Speaker 7 (02:06:43):
Yeah.
Speaker 11 (02:06:44):
And when I talked to those companies, I asked them
to provide proof of liability insurance so that I know
they were covered when they came into my house to
deliver the mattresses.
Speaker 7 (02:06:57):
Huh, that's weird. I would have not asked for that,
but go ahead.
Speaker 11 (02:07:00):
Well, those are the manufacturers the mattresses, so I generally
asked for proof of liability if somebody comes on my
roof or Okay, well that's good.
Speaker 7 (02:07:11):
No, that's a good practice. So what happened?
Speaker 11 (02:07:13):
So both of them said, no problem. One one mattress
was a different manufacturer, the other was another, And so
they sent me their proof of insurance.
Speaker 6 (02:07:24):
Now did you ask for proof of insurance specifically for
deliveries or just proof of insurance.
Speaker 11 (02:07:31):
Well, that's what I'm getting to. I said, I need liability.
I told them both, and I had it in writing
and emails. I said, I need your liability insurance for
when you deliver the mattress into my home. Both of
them said, no problem, we got it, we'll happy it.
We'll be happy to send it to you. I said,
(02:07:51):
I need to see or they actually said, our delivery
people will have it with them. I said, no, no,
I need to be able to look at it and
call the insurer to make sure it is valid and
it is correct. And they said, oh, that's no problem.
So they forwarded me those two insurance. They did not however,
(02:08:15):
they didn't cover from the driveway into the house. They
all all of these delivered, not all of them. These
two specific mattress companies, very large ones online said we
use third party subcontractors to actually bring it into your home.
(02:08:37):
We cover liability to the driveway. I said, well, that
isn't what I had.
Speaker 6 (02:08:42):
But hold on, I'm getting I'm getting tied up here.
When you ask for liability for deliveries, they said, we
only have liability to your driveway.
Speaker 11 (02:08:54):
Well, so I was assuming that they took responsibility to
deliver we're into my bedroom because I asked for a
takeaway and delivery of the mattress into my house.
Speaker 7 (02:09:07):
Got it.
Speaker 11 (02:09:08):
I was told yes, that's not a problem. I said, okay,
send me the proof of insurance. Okay, you're covered for that.
And they did, and I said, okay, but it doesn't show.
They said, here's I said, who's delivering it? They gave
me the name of the delivery company, which was a
subcontractor that they had asked to deliver it. I said, well,
(02:09:33):
I don't see the subcontractor under your liability insurance. Oh well,
we don't do that. They have to give you. I said, whoa, wha,
wha Wait a minute, that's you. I contracted with you
to bring the mattress into my house, and that you
said that you would cover that. Your liability insurance covers that.
(02:09:56):
Now you're telling me it doesn't. Now the point I'm
making tom is I think the listeners need to understand
that many of these folks that deliver things to your
house are actually subcontractors from major manufacturers. For instance, By
way of example, let's take Excel Roofing. I'm assuming that
(02:10:19):
Excel Roofing doesn't use subcontractors to put roofs on the house.
Speaker 7 (02:10:24):
Yes they do, Yes they do.
Speaker 11 (02:10:26):
Subcontractors are covered under Excel's liability insurance or those subcontractors
have liability insurance insurance themselves. Okay, so that's the same
situation I encountered when I asked for these online mattresses.
I was shocked. Most of those manufacturers only cover liability
(02:10:51):
up to the driveway.
Speaker 6 (02:10:53):
I get it, I get it. But what liability would
there be up to the driveway anyway?
Speaker 11 (02:10:58):
Well, there's no liability driveway. The liability is what damage
they do to my house when right, So.
Speaker 7 (02:11:04):
What you're saying, I understand what you're saying.
Speaker 6 (02:11:07):
You're saying that when a third party delivers to your
home that unless they're covered under the company's own insurance,
they have to have their own unless they're covered under
the manufacturers. I get what you're saying. So did you
call the delivery company to see if they have liability.
Speaker 11 (02:11:25):
Yes, I did because I have a lot of artwork
in my home.
Speaker 7 (02:11:29):
No, I get it, and did did the delivery company
have liability?
Speaker 11 (02:11:33):
So if you damage something that you're covered. Both subcontractors
said no, we're not, and we won't produce that. We've
never had to we've done. Nobody's ever argued against that.
Speaker 7 (02:11:45):
Okay, so what you're saying.
Speaker 11 (02:11:48):
So I went back to the manufacturer and said, cancel
the order. You told me.
Speaker 9 (02:11:54):
Stop.
Speaker 11 (02:11:55):
You told me what I bought was a delivery to
my home that you provide I did for people to
come get it and put it in. That onus is
on you.
Speaker 6 (02:12:09):
So right now they I don't what are you going
to do for any delivery because I doubt you're going
to find many of.
Speaker 11 (02:12:18):
Them we do, whether it's somebody that's paying my house
or a roofer. I'm going to ask to see that.
I'm going to as I told them, I said, well,
I'm canceling the order. They said, well. One of the
mattress company said, well, we'll be happy to send you
back the money for our service to take your to
bring your mattress in and take it away. And I
(02:12:38):
said no, no, no, you contracted to deliver the mattress
to my bedroom. I said, I'm not paying for the mattress. Yes,
you can take it away.
Speaker 13 (02:12:50):
I e.
Speaker 11 (02:12:50):
The two hundred dollars charge for the delivery into my
house and the takeaway. But then you're going to charge me.
I'm going to have to pay for the mats. They said,
that's correct. I said, wrong answer. I'll cancel it on
my credit card. That's not what you contract.
Speaker 7 (02:13:08):
You do understand your homeowners would cover them.
Speaker 11 (02:13:11):
Right well, I do understand that, but that's not the point.
Speaker 7 (02:13:16):
Okay, Well, then you live with your decision.
Speaker 11 (02:13:20):
That's when they contract to do something.
Speaker 7 (02:13:22):
I'm not saying.
Speaker 6 (02:13:23):
Listen, I understand what you're saying. When they contract to
do something. They contracted to deliver to your bedroom. I
get it if they didn't have the insurance you want.
I also get your right to cancel. So everyone agrees, Right.
Speaker 11 (02:13:37):
Well, I accept that this is what you contractually obligated
yourself to. If your delivery personnel are not able to
provide that, and you tell me that you have provided that,
you the manufacturer are telling me that they're covered, and
I see your policy that isn't This is being disingenuous.
Speaker 7 (02:13:59):
But here's what I think. I think if you had
if there ever was damages, it doesn't matter if they're
insured or not, they would be liable. And if it
was a lot, I think you could. I think you
could go to the manufacturer.
Speaker 6 (02:14:14):
You never signed a separate contract with the delivery company,
so I think even though they don't have insurance, hold on.
Speaker 7 (02:14:24):
Not having insurance does not take away liability.
Speaker 6 (02:14:30):
Okay, it doesn't take away liability, just like having insurance
doesn't prove liability.
Speaker 7 (02:14:38):
We got more coming up.
Speaker 6 (02:14:41):
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 an insurance checkup free, no obligation. In comparison,
call Compass Insurance paying too much your coverage at dozens
of insurance companies find out now three three seven to
seven to one.
Speaker 7 (02:15:01):
Help.
Speaker 6 (02:15:01):
You'll think you're his only customer when you choose Frank
durand the real estate Man dot com to list your
home with Remax Alliance three oh three nine two zero
sixteen twenty two. Hi Tom Martino, you're a troubleshooter. Okay,
let's go right to Mike wink. Mike, Listen, why would
(02:15:22):
this woman married a guy who had a bankruptcy discharged
nine years ago? And just recently their joint bank account
was frozen and they were told the bank told them
on the phone it was due to their bankruptcy.
Speaker 7 (02:15:39):
Now, what's that? What could possibly come up that would
cause that?
Speaker 13 (02:15:44):
Boy?
Speaker 11 (02:15:46):
I don't know.
Speaker 15 (02:15:46):
Nine years you said, yeah.
Speaker 6 (02:15:48):
Nine years ago it was discharged. She wasn't even married
to him. Now their joint account, their joint count is
locked up.
Speaker 7 (02:16:00):
Can can what does she do?
Speaker 13 (02:16:03):
I'm curious. I'll definitely jump on that and see if
we can.
Speaker 6 (02:16:05):
Okay, here, here's what we're gonna do. I want to
get her back on in the morning so we don't
run out of time. Right now, Lara, we're gonna ask
Mike to look into this and just see why this
would happen. Meanwhile, Kaschina, you might want to give her
Mike's number right now. I'm Tom Martina. Don't forget three
zero three Martino
Y'all ripped up news. You need advice, so.
Speaker 2 (00:10):
You don't have.
Speaker 3 (00:13):
Come running as fast.
Speaker 4 (00:14):
As we can.
Speaker 1 (00:16):
Shooter's gonna help come Man.
Speaker 5 (00:20):
Dix is the Troubleshooter Show. Now, Tom Martino, Hello.
Speaker 6 (00:26):
Tom Martino here, Welcome to the show.
Speaker 7 (00:30):
This hour brought to you by or this show Today.
Speaker 6 (00:33):
Buddy Mitchell simply Floorsinc. Dot Com, I should say, Buddy
and Karen Mitchell. She's really the brains, and I gotta
tell you it's a great place to go for floor coverings,
Simply floor sink. We'll be talking to him, but we're
gonna talk to our callers first. Now here's what happens.
You call three h three Martino, you get right through.
If we're not here, you leave a message. We'll get
back to you. As David will attest to Jamie and Paul,
(00:55):
they've all gotten called back, so we're gonna go to
them first, and then you can call in also at
three three.
Speaker 7 (01:00):
Seven one three talk.
Speaker 6 (01:02):
I hope in all of this madness, you know, we
really do have a lot of crap going on. I've
never seen people more upset and divided, and it's not
just election years. I don't know what's going on and
you know it's not my father talking, or my mother
or my grandmother.
Speaker 7 (01:17):
It really is happening, man. People are just getting so
pissed off.
Speaker 6 (01:20):
In fact, there's an article on marriages breaking up over
political division.
Speaker 7 (01:25):
I don't know why we can't just get along? Right?
Who said that? Anyway?
Speaker 6 (01:29):
By the way, and this has to do with disagreeing,
you can no longer disagree. If you disagree, you're a hateful,
disgusting person. And perpetrating most of that hate is the
Digital Center against or the Center against digital hate. It's
(01:49):
amazing the groups that are supposedly fighting hate create more
division than anyone in the world.
Speaker 7 (01:55):
But I digress. Listen, this is not a political show.
Speaker 6 (01:58):
Although I have comments here and there is speaking of
comments here and there and everywhere.
Speaker 7 (02:05):
Is a major Mark Major on of course I am
major Mark Major. Okay, what do you have to say?
Speaker 8 (02:13):
Well, I'm glad Buddy Mitchell's in. Honestly, man, those guys
do a knock up job. People that need flooring. I
can't say it enough. He's been out to our house
numerous time. He's done a lot of stuff, and he
does a great job. And I love the fact that
he comes to you I mean, he's got those three showrooms,
but I like him when he comes out.
Speaker 6 (02:31):
Now, let's talk to David. Now, this is an interesting
topic mold. In fact, I'm not sure mold is on
the disclosure?
Speaker 9 (02:40):
Is it?
Speaker 7 (02:41):
Mark? Do you know if mold is on the UH
seller's disclosure You've I don't know if it is.
Speaker 6 (02:47):
Actually, Let's ask Frank drand the real estate man if
you could really quickly, and then we want to talk
to Mark Schamansky about mold because he's an expert at mold.
He has Genesis tootalexteriors dot Com by the way they
do mold mitigation. Let's talk to first David and then meanwhile, Kachina,
if you could try to give Frank Dranda real estate man,
(03:08):
I'd like to ask him about it. David, what's going on?
Speaker 4 (03:12):
Okay?
Speaker 10 (03:13):
So this isn't after the fact situation.
Speaker 7 (03:16):
Sure, sure, what's going on?
Speaker 3 (03:19):
Okay?
Speaker 10 (03:19):
I had bought a mobile home and the seller must
have actually known that there was number one, a previous fire.
They have not remodeled. They fixed the mobile home, and
they did it insufficiently, and there was actually leakage from
(03:44):
the roof or whatever. There was mold in the walls,
there was mold in the floor, and so when I
bought it, I do not honestly believe that the lady disclosed.
Speaker 11 (03:59):
These these problems.
Speaker 7 (04:01):
Okay, hey may, I asked David, when did you buy it?
Speaker 10 (04:06):
Okay, this was in twenty twenty one, twenty twenty one.
Speaker 7 (04:13):
Now when did you discover all of this?
Speaker 10 (04:16):
Well, shortly after I bought it, I started trying to repair.
Speaker 6 (04:22):
I also want to get Brad O'Brien on O'Brien legal services,
he does real estate law.
Speaker 7 (04:27):
I'll go ahead, keep going. Now, is this a deed?
Is this a deed or a title?
Speaker 10 (04:35):
Well, it was, it was deeded to a piece of property.
Speaker 6 (04:40):
Here's what I'm asking. Is it on a private lot
or is it in a mobile home park?
Speaker 10 (04:45):
No, it was on a private lot. And that's my
question is what is the statue of limitations?
Speaker 7 (04:52):
Well, we have to find all this out. So here's
what we're going to do.
Speaker 6 (04:55):
Hold on, we want Brad O'Brien, O'Brien legal service, is
we want Frank Duran, the real estate man. And then
we'll also talk to Mark Schamanski about mold. So you
hang on, do not hang up. We're going to come
back to you all right now, Paul says he was scammed.
Speaker 7 (05:14):
Out of eighteen grand. I'm sure. I don't know what
that's about.
Speaker 12 (05:17):
Paul.
Speaker 7 (05:18):
What's going on? Are you there?
Speaker 3 (05:24):
Paul?
Speaker 13 (05:26):
I am here?
Speaker 7 (05:27):
How were you scammed? Sir? How were you scammed?
Speaker 14 (05:31):
In January of this year, I was approached by I
live in Windsor, Colorado, and I was approached by a
local Windsor businessman to invest the money with him to
help him grow his business.
Speaker 7 (05:47):
And how much did you invest?
Speaker 9 (05:50):
Fifteen thousand?
Speaker 7 (05:52):
Now?
Speaker 13 (05:52):
Did you.
Speaker 7 (05:54):
Did you have anything in writing?
Speaker 13 (05:57):
I did?
Speaker 6 (05:59):
And what were you supposed to get for this fifteen grand?
Were you getting ownership or what? Were you going to get?
Speaker 14 (06:08):
A six month loan to help him buy a piece
of equipment for his business?
Speaker 11 (06:12):
That was so.
Speaker 7 (06:12):
It was a loan. It was not an investment. It
was a loan. Is that right?
Speaker 13 (06:16):
That's correct?
Speaker 6 (06:18):
Okay, that's important. And you loan fifteen grand to the business.
Now what did he also sign personally? Yes, you're sure
of that.
Speaker 15 (06:33):
I am sure.
Speaker 14 (06:34):
In fact, the loan was to him for his business.
Speaker 6 (06:38):
Okay, okay, good Now what I want to know is
what were the terms and conditions?
Speaker 7 (06:44):
It was a six month loan, a.
Speaker 14 (06:47):
Six month loan with interest and light cheese if the
payments were not made on time and so.
Speaker 7 (06:57):
And what happened? Okay, and what happened? What went wrong?
Speaker 14 (07:01):
Well, no payments were ever made. I don't believe that
the piece of equipment that he told me he wanted
to purchase to help him grow his business was ever made.
Speaker 7 (07:13):
What equipment was that, sir? What equipment?
Speaker 14 (07:16):
Well, he's a he's a car detailer, and he wanted
to expand his business to include something called vinyl wrap.
Speaker 7 (07:25):
How long was he in business?
Speaker 14 (07:28):
Oh, he's been in business for probably two to three years.
And I've actually done business with him, and that's how
we came in contact over this. I've had him detail
some cars for me in the past.
Speaker 6 (07:43):
And okay, so hold on, So where does this stand
right now? When did you loan that money? Six how
long ago?
Speaker 15 (07:49):
In January? January?
Speaker 6 (07:50):
You said that? I'm sorry you said that? Okay, February
March every man. Okay, So he's passed due. So what
is he saying about it now?
Speaker 14 (07:58):
Well, it's just been a series of uses, he said. Well,
they dropped the machine trying to load it into my car.
Speaker 6 (08:04):
So did you have a security agreement of any kind
or any kind of collateral.
Speaker 13 (08:10):
I did not.
Speaker 7 (08:13):
So all you have now is the All you have
now would be the ability to get a judgment that
is correct.
Speaker 14 (08:25):
And what what I didn't know at the time. I'm
a senior citizen. I'm eighty years old.
Speaker 7 (08:31):
Oh my goodness, Okay, principle okay, and.
Speaker 14 (08:35):
So my mo I guess you'd say is has always
been to help people, you know, better their lives. This
guy has six children.
Speaker 7 (08:48):
You're a very kind man.
Speaker 6 (08:49):
You know. I've actually done a lot of this kind
of crap and been burned so many times. I can't
even tell you, Honest to God, I don't know. I
don't even I don't learn a lesson. I guess I've
done a lot of different things. I mean, I'm not
going to try to toot my horn right here, but
I need to tell you that I'm always getting kicked
in the face.
Speaker 7 (09:09):
Yeah.
Speaker 16 (09:10):
Well, yeah, you know.
Speaker 14 (09:11):
I just believed him, and I believed in him, and
that was by mistake.
Speaker 13 (09:15):
I guess.
Speaker 6 (09:16):
I think the only thing you can do right now, Paul, really,
the only thing you can do, and Buddy, you can
chime in. You're a businessman, a practical thinker. In fact,
I want to include you in more than just floor calls.
Speaker 7 (09:28):
But you do have a very logical mind. I'm thinking
this guy his main deal is a judgment. That's what
I'm thinking. It's a judgment. Yeah, that's it. That's all
he can do.
Speaker 17 (09:39):
That's what Yeah, swim and small claims court.
Speaker 6 (09:42):
Get a judgment, Well, if it's fifteen grand, it'll have
to be county court. But if you get a judgment,
then you can start attaching stuff that he owns, vehicles,
real estate, anything.
Speaker 7 (09:53):
Does he own anything?
Speaker 14 (09:57):
That's what I don't know. And what I've found out
since is that he declared bankruptcy and two twenty one?
Speaker 6 (10:06):
But did he It doesn't matter. Now that's good news.
Do you know why it's good news?
Speaker 7 (10:12):
Buddy?
Speaker 17 (10:12):
He can't do it again.
Speaker 6 (10:13):
He can't do it again. Did he do it? Chapter seven?
Speaker 15 (10:17):
I don't know?
Speaker 6 (10:19):
Okay, Well that's good. Guess what it's before your bill,
not after. He can't go bankrupt. If you get a judgment,
this guy's going to be in a world of hurt.
Speaker 7 (10:29):
Yeah.
Speaker 14 (10:30):
And so what I've come to find out is that
for me to pursue this legally, then I have to
hire a lawyer spend more money to try to.
Speaker 6 (10:41):
Well, it's going to take something unless you County court
doesn't necessarily need an attorney for this. You can go
to county court. I forget the limit of county court
right now? The maximum seventy five hundred small claims court. Okay,
so you could go for small claims court.
Speaker 7 (11:01):
I don't know, man, what do you think you don't
want to do that?
Speaker 14 (11:06):
Well, you mean try to recover at least part of
my money?
Speaker 18 (11:13):
Yeah?
Speaker 13 (11:13):
Is that?
Speaker 7 (11:14):
Well?
Speaker 19 (11:14):
No?
Speaker 6 (11:14):
Or go to county court like county court, Frank, I'm
looking up county court right now.
Speaker 7 (11:21):
The maximum is twenty.
Speaker 6 (11:22):
Five thousand dollars in county courts in Colorado. It was
increased in twenty nineteen from fifteen to twenty five. So
seventy five hundred is small mark. Seventy five hundred still
small claims right?
Speaker 7 (11:37):
Or did it go out as of this second? I believe? So?
Speaker 6 (11:40):
Oh oh, you believe it's seventy okay, but twenty five
thousand it would be county court. Listen, County court is
not an insurmountable task unless he lawyers up. But if
he doesn't, you can just you can just write out
a complaint, have him served, go to county court, show
the agreement, show the default, get a judgment. He likely
(12:03):
won't even show up. I mean I would take a
shot at it.
Speaker 7 (12:08):
Yeah, why not.
Speaker 14 (12:09):
Probably that's probably my only course of action. His latest
promise was that his mother was going to loan him
fifteen thousand, but then her father died in Kansas since
she had to go back for a funeral, and then
she was supposed to pay me when she got back
from the funeral, And of course that never happened.
Speaker 7 (12:28):
It's just been Now remember this.
Speaker 6 (12:30):
If he lawyers up, you're going to have a problem.
But you can file.
Speaker 7 (12:34):
Here's what you do.
Speaker 6 (12:37):
You have to represent yourself. That's called pro se. So
you prepare the documents. They're online, the required forms. You
go to the Colorado Judicial Branch website. Okay, I'll try
to find that url for you. It's Colorado Judicial dot gov. Okay,
all of the forms are there. Did you get that
(13:00):
Colorado Judicial dot gov. You go to the self help forms.
Go to the self help forms. File your case. You
can do it. E filing, you can do it. If
you register as an e filer, then you serve the defendant,
not you. Personally, but you have somebody serve him and
(13:20):
then you go to the hearing. If you tell your
story unless he lawyers up, you don't need one.
Speaker 7 (13:25):
Now why do I say you need one?
Speaker 6 (13:27):
If he lawyers up, Mark, tell him why even if
he's right telling me, because he'll.
Speaker 8 (13:31):
Get out and maneuvered and can lose his ass and
end up paying the other person's attorney's fees.
Speaker 7 (13:36):
With the rules of civil procedure.
Speaker 6 (13:41):
But I would try pro say first, and I really would,
And I want you to call me back, and.
Speaker 7 (13:46):
I want you I'm not putting you off. I want
you to do this.
Speaker 6 (13:49):
If you have any trouble with any part of it,
you call literally three to zero three Martino. Tom, this
is Paul, the eighty year old man. I'm having trouble
with this. Fore or I'm having trouble with this, We
will get back to you. I'm Tom Martino. We have
more coming right up. Go with a sure thing Denver's
(14:12):
best rufer Excel roofing dot com. You don'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 coverage at dozens of insurance companies find out
now three oh three seven seven to one.
Speaker 7 (14:30):
Help.
Speaker 6 (14:31):
You'll think you're his only customer when you choose Frank
durand the real estate Man dot com to list your
home with Remax Alliance three all three nine two zero
sixteen twenty two. Hi, Tom Martino, your trouble shooter three
O three seven one three talk three oh three seven
one three eight two five five.
Speaker 7 (14:51):
Okay, So I want to.
Speaker 6 (14:54):
Uh go back to David. Hey, Frank durand the real
estate Man. I want to ask quick question.
Speaker 7 (15:02):
Is mold part of a disclosure?
Speaker 16 (15:06):
Good morning Tom. The answer is yes. Here's the thing.
Two things on that on the seller's property disclosure item
too moisture, under water, you would disclose there. But here's
the second part of it. There's a portion where the
buyer signs where it says the buyer should also have
the property tested for a number of things, including the
presence of mold or biological hazards. So that's on there
a couple of times where they have that opportunity.
Speaker 7 (15:27):
Now, what do you think?
Speaker 6 (15:28):
First of all, is a mobile home on a private lot?
Speaker 7 (15:34):
Is that considered real estate?
Speaker 16 (15:36):
So Tom, here's the deal. If they own the land
and it's purged to the land, we can sell it
as real estate if it's if they're renting the lot.
The answers, no, it would be sold kind of like
a car.
Speaker 6 (15:47):
Okay, But in this case, it was on a lot
owned by the Let me get that straight, David, you
did buy both.
Speaker 7 (15:54):
The lot and the mobile home. Is that right? David? Did?
He's okay?
Speaker 6 (16:02):
And David, David, do you so you have a mobile
home on a lot and you bought both and you
did a disclosure statement?
Speaker 20 (16:15):
Uh?
Speaker 10 (16:15):
Well, I yes, I believe I did, but I did
not have an inspection.
Speaker 6 (16:20):
Okay, But hold on, here's the next thing I want
to ask. This was due to water damage?
Speaker 10 (16:26):
You said, Well, yes, I believe so, but I don't
know that for a fact.
Speaker 7 (16:36):
You said there was a previous fire. How do you
know that.
Speaker 10 (16:40):
Because of the evidence. When I actually tore it down,
you could see that that there was.
Speaker 21 (16:47):
That there was burnt wood.
Speaker 6 (16:49):
That was when you tear You didn't tear the whole
mobile home down, did you.
Speaker 3 (16:54):
Oh?
Speaker 21 (16:54):
Yes, sir?
Speaker 6 (16:55):
So what are you calling about now? I guess I
guess there's what are you calling about?
Speaker 7 (16:59):
Now? Your evidence is gone?
Speaker 2 (17:03):
Well?
Speaker 10 (17:04):
Correct?
Speaker 21 (17:05):
Correct?
Speaker 10 (17:06):
So well, about the statue of limitation.
Speaker 6 (17:09):
Well, what difference does it make if you sued right now?
If you sued right now on non disclosure of issues,
there's no remedy, no remediation, no way to go back
and fight, no way to defend themselves.
Speaker 7 (17:21):
What would it matter? You destroyed your evidence?
Speaker 10 (17:26):
Well, correct, and that's you.
Speaker 6 (17:27):
Destroyed everything, David. You tore the damn house down? Is
did you carry away the debris?
Speaker 3 (17:35):
Yes?
Speaker 1 (17:36):
Oh?
Speaker 15 (17:36):
Bro?
Speaker 6 (17:37):
What do you got a lot? Now you have a lot?
What did you pay for this whole thing?
Speaker 22 (17:42):
Too much?
Speaker 15 (17:43):
Too much?
Speaker 21 (17:44):
Come on two and ninety five?
Speaker 6 (17:47):
What kind of what size lot?
Speaker 10 (17:51):
One point two acres?
Speaker 6 (17:53):
Okay, listen, what are what would one point two acres
go for in and of itself?
Speaker 10 (17:58):
Oh, like than one hundred thousand or something?
Speaker 6 (18:01):
Okay, Well, David, seriously, there's no reason for us to
go on. I mean, you tore down the damn house
and carried it away, even if you were within the statute.
But Frank, do you think isn't it like three years
for uh, non disclosure issues on a home?
Speaker 7 (18:18):
I don't know. I don't know for sure, do you, Frank?
Speaker 4 (18:21):
You know, Tom?
Speaker 16 (18:22):
I don't know that there's even a cap on that.
I think that that can go on forever.
Speaker 7 (18:26):
I mean with real estate, I don't know if it
can go on forever.
Speaker 6 (18:30):
I think there's there's a certain amount, there's a certain
statute a little bit.
Speaker 16 (18:34):
I don't know if there's an actual cap on that, Tom,
I can find out. I just don't know.
Speaker 7 (18:38):
Yeah, yeah, yeah, yeah.
Speaker 6 (18:39):
But but here's the bottom line. It doesn't matter. It
really doesn't matter at this point. I mean, you can't
do anything. You know, I don't even know why we're talking.
I mean, I would love to be able to help you.
But first of all, Frank, would they if it was
flooded or fire or previous damage?
Speaker 7 (18:58):
Do they have to disclose any of that?
Speaker 16 (19:01):
Yes, any information like that would be considered a versus
material fact, Tom, So they would.
Speaker 6 (19:06):
Disclose that, okay if okay, all right, fine, and here's
the deal that would have happened. I think at this point,
I'm going to be straight with you, David. I think
you'd waste money going to an attorney.
Speaker 13 (19:23):
Yeah.
Speaker 7 (19:24):
I don't even know how.
Speaker 6 (19:24):
I mean, how would you even do it? I I
unless you know, I'd love to talk to our real
estate attorney when we get a chance, too, And then
I want to go now back to Mark Schamansky real quick.
Thank you, Frank Duranda real estate man dot com. By
the way, if you need an analysis of your property
free of charge, what it will sell for, what you'll net,
(19:45):
what you can buy. He looks at the entire market
right now with interest rates and everything, and he truly
gives you a pretty accurate assessment of what you can
sell your house for. It's not an appraisal, it's a
market price based on his experience. Three h three nine
two zero sixteen twenty two. Let's talk to Mark Schamansky,
Genesis tootalexteriors dot com. He also does mold remediation mold eradication.
(20:10):
If there was a mobile home and there was mold,
can you remove mold from a mobile home? Or does
it get sometimes marked so ridiculous it may not be
worth saving. And I don't know if I hope I'm
asking a logical question.
Speaker 3 (20:26):
Well, I think it just depends on the value of
the home. Like you said, I mean, if it's something
not of much value, then probably not worth it. I
guess if it's a brand new one or a newer
one that you know you can take apart and clean.
That would be an ideal situation or.
Speaker 7 (20:41):
Like a modular maleally different.
Speaker 6 (20:44):
What's normally involved in remediating mold?
Speaker 3 (20:47):
Mark basically be able to get to it and remove
any can you know, remove it any contaminated material that
you can remove, and then treat the ones that you
can't remove, uh.
Speaker 6 (21:00):
With you know, special chemicals that that's what it's made for,
and then you seal it and go on.
Speaker 16 (21:07):
That's right, That is correct, okay.
Speaker 6 (21:10):
And of all the calls you get on mold, what
percentage is dangerous mold? I mean it all, it all
wants to be stopped, obviously, right, and you want to get.
Speaker 1 (21:22):
Rid of it.
Speaker 7 (21:22):
We have go ahead.
Speaker 3 (21:23):
Most mold we have here in Colorado's black mold, and
there's two hundred different species of black mold, and so
you got to watch for the ones that are dangerous
and to see it. That's the one you have.
Speaker 6 (21:35):
Okay, But of course you want to get rid of it,
even if it's not so called toxic. But but for sensitivities.
But uh, there's different levels for different things. Mark, thank
you very much, Genesis tootalexteriors dot com.
Speaker 7 (21:50):
Uh, when we.
Speaker 6 (21:51):
Get a chance, I'd like to ask the statutal limitations
for disclosure issues on real estate from Brad O'Brien O'Brien
Legal Services. Uh, we have more coming up. I have
Buddy Mitchell with us from Simplyfloorsinc. Dot com and eight
eight eight heating dot com. Right now, we'll take a
look at your ac your furnace going into fall, whatever
you need. You can depend on them for honest assessments
(22:15):
of what you have and free second opinions always eight
eight eight Heating dot com three oh three seven seven
zero two seven seven six Go with a sure thing
Denver's best roofer Excel Roofing dot com.
Speaker 7 (22:32):
You don't pay a cent until you're content.
Speaker 6 (22:37):
Time for an insurance check up free no obligation comparison
call Compass Insurance paying too much your coverage at dozens
of insurance companies find out now three oh three seven
seven to one help. You'll think you're his only customer
when you choose Frank durand the real estate Man dot
com to list your home with Remax Alliance three oh
three nine two zero sixteen twenty two. All right, Tom
(23:01):
Martinez here the statute of limitations for non disclosure is
three years from discovery. But the absolute statute of limitations,
meaning a statute of repose where you cannot bring a suit,
is six years for non disclosure, So you have three
(23:24):
years from discovery. But if you discover it four years later,
then it occurred the closing, you only have two years left,
so it's three years or a total of six years.
Speaker 7 (23:39):
Now, I want to talk to inmate Sean. Sean.
Speaker 6 (23:46):
I want to get right to you, because I know
it's not easy for you, probably calling on the phone.
Speaker 7 (23:51):
Go ahead, sir, Yes, I'm.
Speaker 20 (23:54):
Here, mister Martino.
Speaker 15 (23:56):
How are you just warning?
Speaker 7 (23:57):
Good? Now? Are you right now in jail or in prison?
Speaker 20 (24:03):
I'm in prison.
Speaker 7 (24:05):
So you've already been convicted and sentenced, yes, sir? And
what is your one viction here? What's that, sir?
Speaker 20 (24:14):
My conviction? I'm on my sixteenth year at prison.
Speaker 7 (24:18):
Oh my god. What were you convicted of?
Speaker 13 (24:21):
Sir?
Speaker 20 (24:21):
Yes, I was convicted of conspiracy to commit murder after
deliberation and murder after deliberation. It's off to saying victim.
And the problem with this case is I'm unequivocally innocent.
Speaker 15 (24:36):
But the issue here is the government railroaded me.
Speaker 23 (24:39):
From this start, starting with the Humphrey.
Speaker 15 (24:44):
Here about him, David Glackpool.
Speaker 6 (24:47):
Now, hold on, Sean, You're you're fading in and out,
so I want to make sure I hear you.
Speaker 7 (24:52):
You say you were railroaded.
Speaker 6 (24:54):
Now, by the way, Sean, it actually is not unheard
of for this to happen, So I'm not going to
say it's in poss but a lot of people say,
of course they were wrongly convicted.
Speaker 7 (25:04):
So let's just go to the main points.
Speaker 20 (25:06):
Go ahead, Okay, Well, in this case, the only witness
to this murder had already told the prosecutor and the
lead detective that I was innocent of this crime.
Speaker 6 (25:18):
Who told the investigator told them the.
Speaker 2 (25:23):
Only eyewitness to this crime to this?
Speaker 7 (25:25):
Okay, here's what I want to know. Tell me about
the crime.
Speaker 6 (25:28):
First, someone who was murdered, and someone murdered someone.
Speaker 7 (25:32):
But were you accused? You were not accused of being
the actual murderer. Yes, I was.
Speaker 20 (25:38):
I was accused of being the actual murderer.
Speaker 7 (25:41):
Okay.
Speaker 20 (25:42):
There was a home invasion that took place on to
Shepherd six two thousand and six. Uh to a Sailor's Editor.
Home Wan did a sailor's take the victim us side
and executed the victim and.
Speaker 1 (25:56):
You you were.
Speaker 6 (25:57):
Okay, so hold on, so they said you were that
guy that took the victim outside and killed them?
Speaker 2 (26:04):
Correct?
Speaker 15 (26:05):
Correct?
Speaker 13 (26:06):
Exactly?
Speaker 7 (26:07):
Now had you before this? And hold on? When did this?
Suppose when did this happen?
Speaker 17 (26:11):
I mean.
Speaker 15 (26:13):
Dember six, two thousand and six.
Speaker 6 (26:16):
Okay, Now what I want to know is this, were
you in two thousand and six prior to that?
Speaker 7 (26:23):
Did you have a criminal record?
Speaker 13 (26:27):
H Yes? I did?
Speaker 9 (26:29):
Yes, I did.
Speaker 20 (26:29):
I did have a criminal record for possession of marijuana.
Speaker 2 (26:34):
That was the only pride that I had ever had before.
Speaker 7 (26:38):
That's it. You were not. You had no record before that.
Now how were you round? Now?
Speaker 6 (26:43):
Let me let me just ask you some questions. Were
you part of that robbery?
Speaker 7 (26:47):
Sean?
Speaker 23 (26:49):
No, I was not.
Speaker 20 (26:50):
I absolutely was not.
Speaker 9 (26:52):
I was unequivocally.
Speaker 20 (26:53):
I'm unequivocally innocent.
Speaker 7 (26:55):
Where were you, Sean? Where? Sean? Where were you at
the time.
Speaker 23 (27:01):
At that time?
Speaker 2 (27:01):
I listen in Colorado a lot?
Speaker 15 (27:03):
I lived here.
Speaker 6 (27:04):
But why were you rounded up? Here's what I want
to know. How were you arrested for this robbery?
Speaker 2 (27:11):
I was arrested for this crime based upon third party
years sake, but that of the evidence that makes me
innocent of prosecutors and the lead detective overlooked it. They
had They got interviewed the Holy Eye witness to this
murder a year before I got indicted, and he told
(27:31):
him he's saying the silent at the And how.
Speaker 6 (27:35):
Many years were you saying? How many years were you
sentenced to?
Speaker 7 (27:38):
Sean?
Speaker 2 (27:40):
I was saying, as the life without barun was forty
eight years?
Speaker 13 (27:45):
Wow?
Speaker 6 (27:46):
And and have you been trying to appeal it?
Speaker 2 (27:52):
Yes, sir, Yes, sir, I have been to not fail.
The courts have the corstops in my favorite that this
was an exculatory Brady violation. Hey, you talk to a
lot of lawyers, They'll kill you.
Speaker 3 (28:07):
Now.
Speaker 7 (28:07):
Do you have currently hold on?
Speaker 6 (28:10):
Do you have Are you working with anyone on any
of the innocent projects or anything?
Speaker 7 (28:15):
Are you working with anyone right now?
Speaker 23 (28:19):
I'm not.
Speaker 2 (28:19):
I do have a lawyer. I'm in my pstviction.
Speaker 20 (28:23):
Proceedings in the district court on this matter.
Speaker 6 (28:26):
Okay, Sean, here's what here's what we need to do.
I want you to listen. Is there how do you
communicate with people? I can't just call you right.
Speaker 2 (28:37):
You actually can't because we've got these top lists now
and you can't download the Secures app and call me.
Speaker 6 (28:43):
So if you if you hold on, if you gave
a phone number, I would be able to call you.
Speaker 2 (28:52):
It was more of an app. It's like an app
that you tell load and you call this tablet and
they'll they'll let you call me, just like a sillhol
But I.
Speaker 7 (29:00):
But are there certain hours I can call you? Yeah?
Speaker 2 (29:05):
I think until twelve midnight.
Speaker 6 (29:08):
Okay, listen, Sean, do me a favor. I need you
to leave the I need you to leave information about
that app. I also need you to leave. I also
need you to leave an address where I can write
to you or do you get email.
Speaker 20 (29:25):
I'm gonna start at the email yet, but I don't
have an ass.
Speaker 7 (29:30):
With your Okay, I want you to leave. Listen. I
want you to leave and.
Speaker 13 (29:37):
Go ahead my actual.
Speaker 6 (29:40):
Okay, Sean, if that's true, I'm gonna I'm gonna hear
you out.
Speaker 7 (29:46):
We just can't do it on this one phone call.
Speaker 6 (29:49):
So please, I'm gonna put you on I'm gonna put
you on hold and Katchina.
Speaker 7 (29:54):
I need every.
Speaker 6 (29:55):
Which way I can to get a hold of him
and the name and number of his attorney. Please do
that now. If this man listen, I know everyone in
the world, especially my YouTube morons, they're rolling their eyes
right now, blah blah blah.
Speaker 7 (30:10):
But here's what I say.
Speaker 6 (30:11):
All I'm going to invest is a little time and
energy to look into this. If there is someone sitting
in jail, truly, truly, who is innocent, it wouldn't be
the first time. I'm not saying he is, but what
the hell on the chance he could be, Maybe I'll
(30:34):
look into it. How about that. I don't want him
to waste this phone call. I will at least look
into where he has at. I mean, we've heard. I
met a man one time convicted of a murder on
death row and I got involved in this case and
I interviewed him when he got out. Now, I was
(30:55):
not the reason he got out. There was a project
that was working on it. And my god, was this
story chilling the way police did not present all the evidence,
and then the prosecutor did not produce all the evidence.
And on top of that, someone else was found and
(31:19):
their dental records confirmed it was them dental records because
there were bites involved.
Speaker 7 (31:28):
It is. It was a chilling story. I Stephanie and
I did.
Speaker 6 (31:34):
The story and it's published somewhere online still but listen
it happens.
Speaker 18 (31:40):
So are you going to contact his it TONI Toms.
Speaker 7 (31:42):
Yeah, of course I am.
Speaker 6 (31:43):
Okay, and then I just need to get this information.
Speaker 7 (31:47):
Like I said, who knows it's not unheard of?
Speaker 6 (31:51):
Now that's a I mean to be sentenced to life
plus forty eight years without parole. I mean, you know
you would hope that they had evidence of this egregious crime.
I'm Tom Martino Moore coming up. Go with a sure
thing Denver's Best roofer Excel Roofing dot com. You don't
(32:14):
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 coverage at dozens of insurance companies
find out now three oh three seven to seven to
one help. You'll think you're his only customer when you
choose Frank durand the real estate Man dot com to
(32:35):
list your home with Remax Alliance three oh three nine
two zero sixteen twenty two. Hi Tom Martino, you're a
troubleshooter three all three seven one three talks seven one
three eight two five five. Okay, So Jamie has a
question or has an issue with an arborius. Jamie, were
you having a tree removed or trimmed or what's going on?
Speaker 7 (32:55):
Jamie?
Speaker 24 (32:57):
Well you good morning. By the way, Yes, thank you
for taking the time to take my calf.
Speaker 6 (33:06):
And if and if we do run out of time,
I just want you to hang. So what's start out
the problem?
Speaker 24 (33:12):
Okay? Well, I needed an arborist, and I called a
friend and you know, asked a couple of people.
Speaker 9 (33:21):
For a referral.
Speaker 24 (33:22):
So I got this referral and when I called them,
they came out the same day to give me an
estimate or an appraisal, and I was like, fantastic. And
what's the name of the arborist, Mendez tree Removal.
Speaker 6 (33:38):
Okay, you know, we had a big complaint about them before,
a bad They did a terrible job. They didn't they
left a bunch of crap and anyway, what happened.
Speaker 24 (33:49):
Yeah, they I mean, they could have done a better
clean up. However, So I guess the uniqueness of my situation.
Speaker 23 (33:56):
Is the house I live in was owned by my.
Speaker 24 (33:59):
Grandmother, So I've withs in this neighborhood for quite some
time and the lady next door I've basically grown up
with and she turned ninety on July twenty six, So
I as a county already has lanes against her property
because she's had different trees that are overgrown.
Speaker 4 (34:17):
And fell over.
Speaker 6 (34:19):
Okay, hold on one sec hey, Shannon, Shannon, we're out
of forty four right, yeah, Okay, the music is coming,
So Jamie, I don't want to rush you. Here's what
I need to ask, and we'll take you up right
after the news.
Speaker 7 (34:32):
Did you hire them to trim or to remove?
Speaker 24 (34:36):
I hired them to remove a stump and trim trees
in my property and also my neighbor that's ninety.
Speaker 6 (34:43):
Hey, hold on and we'll come right back to you.
Go with a sure thing Denver's best roofer Excel Roofing.
Speaker 7 (35:00):
You don't pay a cent until you're content.
Speaker 6 (35:03):
Three time for an insurance check up free, no obligation
comparison call Compass Insurance. Pay too much your coverage at
dozens of insurance companies find out now three oh three
seven seven to one help. You'll think you're his only
customer when you choose Frank durand the real estate man
dot com to list your home with Remax Alliance three
(35:24):
oh three nine two zero sixteen twenty two.
Speaker 1 (35:31):
Ripped news you needed, that's who you don't have. Come
run anxious as fast as we can. Shooter's gonna help.
Speaker 5 (35:44):
Come six is the Troubleshooter Show. No Tom Martino, Hey Tom.
Speaker 7 (35:52):
Martino here, Welcome to the show.
Speaker 6 (35:54):
This hour brought to you by waterpros dot net, the
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We got that wonderful water pros water waterpros dot and
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Speaker 6 (36:25):
That softened energized water and that is used for zero
resid Then I have Buddy here for carpeting, and Buddy,
you say, when it comes to carpeting, you.
Speaker 7 (36:35):
People don't understand this.
Speaker 6 (36:36):
The warranty on a carpet is contingent on you doing cleaning.
Speaker 17 (36:40):
Right, Yeah, you have to hot water do hot water cleaning.
So carpet when it wears out, it blooms like a flower. Right,
So the twisted like a cuppile carpet, Yeah, is twisted,
and as you walk on it, the twist comes undone,
and so hot water will twist.
Speaker 7 (36:57):
It back, will make the yarn remember it shape.
Speaker 17 (37:00):
So if you you know, so, if you walk on
the carpet for five years and never clean it, and
then you go to pit it with hot water, it'll
remember a little bit of its shape. But if you
can keep the bloom closed, if you could keep the
young twisted. Yeah, And so that's why carpet cleaning is
a requirement of the wear warranty on your.
Speaker 7 (37:18):
Carpet, and and you know all the other ways.
Speaker 6 (37:21):
And to me, again, I'm not trying to I'm not
trying to push anything here, but I swear to God,
once I tried that zero resk part put that water. See,
I never realized that there's no odor at all when
you have your carpets cleaned, when it's done properly, and
your carpets aren't really that wet. It doesn't require a
(37:42):
lot of doesn't require a lot of water, and it.
Speaker 7 (37:47):
Was just great.
Speaker 6 (37:47):
So anyway, it's funny how all these things work together.
I mean, you have purified water, which is good for everything,
softened water, and then you have a zero res using
that you have also water pros using it for the
water system.
Speaker 7 (38:02):
And then we have carpets that we want to last long.
Speaker 6 (38:06):
And again I think people are moving away from carpet.
Somebody just wanted me to ask this. If you they
wanted to know if you ask your friend buddy, if
you were doing your home over, would you do.
Speaker 7 (38:19):
Carpet or would you do hardwood? What would you do?
Speaker 17 (38:23):
I did carpet in my bedrooms and hallways and hardwood
on my main floor. Okay, I have a two story home.
It's carpet upstairs. I love carpet. I have carpet in
my basement, and then I have a really nice area
rug okay in my living room.
Speaker 6 (38:37):
All right, now let's go to the phones again. Jamie
said she hired an arborist, Mendez Tree Removal, to remove
a stump.
Speaker 7 (38:48):
And trim trees for her and.
Speaker 6 (38:51):
Her neighbor and her ninety year old neighbor. Okay, so
now continue your story.
Speaker 24 (39:00):
So they were supposed to come, that was the twenty
second and they were. They came right out immediately. You know,
the day I called to give me an appraise there,
and the scheduled to come out two days later on
the twenty fourth. However, on the twenty fourth, the truck
load of the owner and because the owner had set
(39:22):
someone else out for an appraisal and everything seemed to
be you know, professional and running, you know. Anyways, the
owner was there with his wife and a couple of
other people and someone you know, I guess the crew
job oversight, you know whatever.
Speaker 6 (39:38):
Guy.
Speaker 24 (39:39):
His wife was having a baby. So they asked if
they could reschedule till the next day for my trees,
and I said absolutely, good luck with the baby. But
at that time I also walked to property with the
owner and said I practiced started to eden, you know, gardening,
and this is the scope of our agreement. You know,
I'd like to have like the larger logs.
Speaker 7 (39:58):
Now you me at this point though, at this point
you hadn't paid.
Speaker 24 (40:01):
Anything, right, No, yeah, at this point I hadn't paid anything.
Speaker 7 (40:04):
Why didn't you just okay, So, so did the job
ever get done?
Speaker 24 (40:09):
So they did most of the job, and I had
we had like an agreement for scope and everything, and
they did most of the job. And during that day,
like I have a friend, so she is going to
write a statement or if you need be for yeah, a,
you know, like a.
Speaker 6 (40:24):
But what I need to know is what is the
complaint They did most.
Speaker 25 (40:28):
Of they didn't cut it.
Speaker 24 (40:29):
They didn't trim things to scope. My concern with my
neighbor is she has trees that were growing into her house.
And I had said, I can't afford to cut her
whole property, but please give me an estimate for cutting
the trees away from her house that they're not growing
into her house. And there was we walked around the
property and we had talked about the scope and like,
you know, just well we come back.
Speaker 7 (40:49):
Okay, an easy question.
Speaker 6 (40:51):
At least it doesn't sound like they ripped you off
because they didn't.
Speaker 26 (40:54):
They didn't.
Speaker 24 (40:55):
They didn't cut it to scope.
Speaker 10 (40:57):
And then I had asked, so I get it, Well
they come back, and will they come back and correct it?
Speaker 24 (41:03):
That's what I have been asking for them for the
last three weeks. And I would also like a receipt
for payment, and they have not provided me with a receipt.
Speaker 7 (41:10):
And how did you pay? How did you pay? Well,
that's wrong, that's wrong, and I have a witness.
Speaker 6 (41:16):
Okay, here's the problem. Unless you get the receipt at
the same time. You can kiss that goodbye if he
ever wants to contest it.
Speaker 24 (41:25):
What about writing a ten ninety nine to the irs?
Speaker 7 (41:28):
Well, you can do that all you want. You can
do that all you want. I mean, how much was
the job?
Speaker 24 (41:35):
I have text receipts to show through.
Speaker 7 (41:37):
Che Oh good, So he texted you he texted your receipt.
Speaker 24 (41:41):
No not, I have. I have my screenshots of my
text messages saying that I you know that the exchange
made and asking for the estimate. So it's all through
text messages.
Speaker 6 (41:52):
And how much did you pay completely for twenty four hundred? Okay,
Now this guy will not come out and finish. Is
that what you're saying?
Speaker 24 (42:01):
Yeah, and he's two times he has said he will
come out and do it. I'll send my guys out
today to do a good job, and then they don't show.
Speaker 6 (42:09):
Okay, let's just call and see we can make a difference.
I don't know if we can. Let's try first the
buzz deputy doc. Let's do that the friendly way first.
Speaker 22 (42:17):
Okay.
Speaker 24 (42:18):
He had his wife call me from her cleaning business
number Saturday to say they'd be here Monday and my
dad was visiting. I came back from Breckenridge early Monday
so I could be here for them, and they didn't show.
Speaker 6 (42:29):
So I had a feeling if we call, we're gonna
shake something loose. So hold on, Jamie, Doc, talk to Jamie.
Let's get a number. Let's call real three seven one,
three eight two five five.
Speaker 7 (42:41):
Bob, what's going on with State Farm? Alan?
Speaker 6 (42:43):
I haven't forgotten about you either. What's going on, Bob?
Speaker 7 (42:50):
Are you there? Bob? State Farm? Well? I I was okay,
he must have dropped a Sorry Bob, I tried. Now
there is a dock on the line, but not Deputy Doc.
Is that right?
Speaker 9 (43:11):
Oh?
Speaker 7 (43:11):
No, I want to take Alan. Never mind, I want
to take Alan. He's been waiting longer. Alan, go ahead.
Speaker 12 (43:17):
Yeah. I talked to you briefly yesterday, but yeah, the show.
Speaker 6 (43:22):
And toward the end of the show, you want to
know about debt consolidation, and I said, debt consolidation is
usually a ripoff when you get solicited for it.
Speaker 7 (43:31):
Tell me the terms and what you're calling about.
Speaker 2 (43:35):
So I have.
Speaker 12 (43:38):
Somewhere around sixty thousand and credit card debt due to
a lot of legal fees and being unemployed.
Speaker 7 (43:46):
And what is your income?
Speaker 12 (43:49):
Well, right now it's zero. Well I make a little
bit as a handyman, but I'm trying to find a
new job.
Speaker 6 (43:57):
So the chances of you getting out of debt? Do
you own anything at all?
Speaker 21 (44:04):
Yeah?
Speaker 12 (44:04):
Well, I have a lot of equity in my house.
Speaker 7 (44:07):
How much? How much?
Speaker 12 (44:10):
Probably five hundred thousand?
Speaker 6 (44:12):
Oh my god, Then you're not going to do a bankruptcy.
You have five hundred thousand. What is your loan? What
is your loan on that house?
Speaker 12 (44:21):
What's remaining is probably three hundred and fifty thousand, so that.
Speaker 6 (44:25):
You have an eight hundred and fifty thousand dollars house.
Or more right, what part of town is that in?
Speaker 21 (44:34):
It's near loan Tree, Okay.
Speaker 6 (44:36):
And you're not exaggerating about the value of your home.
Speaker 12 (44:40):
No, and it could be higher than that.
Speaker 7 (44:43):
What is the interest rate on your current loan?
Speaker 12 (44:47):
Well, that's the kicker. It's two point seventy five.
Speaker 6 (44:50):
So but you listen, let's uh, you can get a
second on that.
Speaker 12 (44:56):
I already have an elog so that's another debt.
Speaker 6 (45:00):
Well, you never even talked about that when I said, then.
Speaker 7 (45:03):
You don't have the equity. I mean, how much is
your he lock.
Speaker 12 (45:08):
Okay, so yeah, you're right, elock what's left is probably
seventy five thousand.
Speaker 6 (45:14):
So you have three hundred plus okay total debt against
your house including the first and the helock?
Speaker 7 (45:22):
Is how much total.
Speaker 12 (45:24):
Debt grantedy four hundred pight something like that, So.
Speaker 7 (45:35):
Three hundred and fifty plus seventy yeah, okay, and the house.
Speaker 12 (45:43):
The house could be worth nine hund to it.
Speaker 7 (45:46):
No, I get it, I get it. So but but
and what is the What is the rate on your
he lock?
Speaker 20 (45:54):
It is like four?
Speaker 6 (45:57):
Okay, you're going to have to do this, keep your
first in place.
Speaker 7 (46:05):
And pay off the heelock and get some extra.
Speaker 6 (46:08):
Money with a second, and your rate's gonna go up.
But your blended rate's gonna go down because your credit
card debt's gonna go away. Are you delinquent on your
credit card debt?
Speaker 4 (46:20):
Not?
Speaker 12 (46:21):
Right now?
Speaker 6 (46:22):
Okay, here's another question that's really important, Alan, This is
really important, man, I mean, do you have a way.
I don't think you can borrow money on just equity
because you don't have any income.
Speaker 7 (46:36):
Really, how old are you?
Speaker 12 (46:40):
Fifty six today?
Speaker 7 (46:43):
Fifty six? Happy birthday?
Speaker 6 (46:45):
Hold on, man, you have a bit of a problem
in that you have a ton of equity, but you
have no income.
Speaker 12 (46:55):
So that job and I possibly have a job coming
in the next few weeks, so that could change.
Speaker 6 (47:02):
Yeah, but let's say this. You get a job in
a few weeks, then you have to have a history
and what kind of work will it be? What income
will you have?
Speaker 12 (47:14):
I would probably be one hundred and sixty thousand.
Speaker 7 (47:17):
What kind of job.
Speaker 12 (47:20):
Project manager and oil and gas?
Speaker 7 (47:22):
So you know what the hell you're doing, is what
you're saying, right, Alan?
Speaker 13 (47:26):
Yes?
Speaker 7 (47:26):
Good? How long you've been unemployed.
Speaker 12 (47:30):
For five months?
Speaker 6 (47:32):
That's March okay, So it's not like you're just okay,
got it all right?
Speaker 7 (47:39):
Now?
Speaker 6 (47:39):
The legal fees are they still pending? Do you still
have judgments or any problems?
Speaker 11 (47:46):
No?
Speaker 12 (47:46):
No, it's just been ongoing legal fees with fix White
and that's created That's what created all my debt.
Speaker 7 (47:52):
But is that over right now?
Speaker 12 (47:56):
It's over for now. I need to spile emotion at
some point, but I can wait on that.
Speaker 7 (48:02):
Is this okay? Hold on? Because this is really because
there's a reason.
Speaker 6 (48:06):
I'm asking when it comes to borrowing money in something
called less pendance. Hold on, I'm Tom Martine three h
three seven to one three Talk seven one three eight
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It's actually working for me.
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(49:09):
when you choose Frank durand the real estate Man dot
com to list your home with Remax Alliance three oh
three nine two zero sixteen twenty two. Hi Tom Martino,
your troubleshooter three three seven one three Talk three oh
three seven one three eight two five five. All right,
(49:32):
let's talk and find out what's on your mind today.
Alan's talking about debt consolidation, and there is a bit
of a problem. He doesn't have income. He's not quite
old enough for a reverse mortgage, although that would have
been great for him. Actually, a reverse loan would have
been perfect for him at this point, and he could
always convert it back, but he's too young for that.
(49:55):
And I think they do have some reverse loans that
go younger, but I think they might be very expensive,
and you can't get a second. He'd have to redo everything,
and then he'd be paying much too much on a rate.
So he has two loans on his house, a first
and a second. The first is at a very low rate,
(50:16):
like three percent or less. The second is in the fours.
I believe he fives. It's a it's a helock. He'd
have to pay off that helock. He should be he
should easily qualify if he has income for a second,
but not until he gets a job.
Speaker 7 (50:32):
So that's the dilemma we're facing right now, Allen.
Speaker 6 (50:37):
How imminent is your failure to make payments, Because once
you don't make those payments, you're screwed.
Speaker 7 (50:46):
Because you're not going to be able to refi or that.
Speaker 12 (50:49):
Second yeah, on the mortgage and the helock.
Speaker 6 (50:53):
You mean, I want to know on everything, how imminent
is your failure to pay.
Speaker 12 (51:01):
I could probably hold out another two to three months.
Speaker 7 (51:06):
And will you have income by then?
Speaker 12 (51:10):
I plan on it one way or another. It just
may not be enough to make my monthly payments.
Speaker 6 (51:18):
No, no, no no unless you consolidate. So I think
what we need to do is we need to get.
Speaker 7 (51:24):
An expert on.
Speaker 6 (51:28):
And we need to get an expert on regarding consolidation.
Speaker 7 (51:31):
I want to start with Ideal Home Loans and Brent Ivanson,
So Kaschina, let's try to get brent On to talk
about this and see what we can do.
Speaker 6 (51:43):
Three zho three seven to one to three talk allan,
hang on, and then we'll make a couple calls. I
want to ask them about the qualifications for a second
and how long you'd have to wait, and what the
rates might be doing with those seconds, because I'm almost
sure you don't want to touch that first. That payment
(52:06):
is very low and manageable. Buddy Mitchell is with us
from simply floors Ink. As you'll see if you're streaming
right now, we had some questions, some floor covering questions.
Speaker 7 (52:19):
I had one about cutting a.
Speaker 6 (52:21):
Threshold near a door to keep liquid from wicking from
the door when moisture gets at the door people walk in.
I personally believe that if you have an exterior door
of any kind, having carpet right up to the right
up to the threshold, in my opinion, is not a
good idea.
Speaker 7 (52:40):
That's why I'm think in houses you always see some
kind of a tile, landing or something when you walk
in a door. I don't actually know how you feel
about that, buddy, but in general.
Speaker 17 (52:53):
We do it all the time because it's done all
the time.
Speaker 6 (52:55):
But I agree when because even if the door doesn't leak,
just walking in the door, you're constantly on that carpet.
Speaker 17 (53:02):
Yeah, a lot of the basement builders that we work with,
we do a lot of work for like basement remodeler guys. Yeah,
and we always recommend they put a tile or some
sort of landing that you come inpe your feet off,
take off your shoes so you don't get the carpet trashed.
Speaker 7 (53:19):
Somebody has a question on inlaid hardwood, do you have
people that can do design or inlays with darker woods
to make a design in an area of hardwood. No,
you know what I mean though.
Speaker 17 (53:37):
Yeah, that would be a site finished company. We don't
do site finished hardwood. We pre finished hardwood.
Speaker 7 (53:43):
Okay, So how are they done?
Speaker 6 (53:47):
They literally cut the pieces now or maybe have a
computer design it and then do it all at once.
Speaker 17 (53:53):
Yeah, it depends on You can buy pre made ones,
oh you can, okay, yeah, and then you just you know,
a really good carpenter can cut it out and inlay
it and then putty it, sand it, stain it and
finish it.
Speaker 13 (54:07):
You know.
Speaker 17 (54:07):
That's a site finished floor.
Speaker 7 (54:09):
And somebody else wants to know. Do you do tile?
Speaker 17 (54:12):
Yeah, we have a crew that we work with that
does the actual labor. We sell the material. You do
sell material, We sell the material, and then we work
with the guy you met it.
Speaker 7 (54:20):
No, no, I know, yeah, we're going to use that guy.
So so tile is it getting more popular or less
or the same?
Speaker 17 (54:27):
About the same.
Speaker 7 (54:28):
But it's a pretty steady. I see tile all over
the place.
Speaker 6 (54:32):
Even where I see hardwood, I see a lot of
mixed media or a mixed flooring.
Speaker 7 (54:37):
Do you see that a lot?
Speaker 6 (54:38):
I mean, I don't see any houses with any one flooring,
you do, but they're they're rare normally.
Speaker 17 (54:46):
If it was my house, I would just put I would.
I would never put LVP in a bathroom in the
cross powder unless it's a powder room, right, because.
Speaker 7 (54:54):
Of the moisture.
Speaker 17 (54:55):
And I wouldn't put it in a laundry room.
Speaker 7 (54:57):
What about a finished basement.
Speaker 17 (54:59):
We put it in finished basements all the time.
Speaker 6 (55:01):
Oh you do, okay, So why wouldn't you put it
in a bathroom? Because water is just not its friend. Well,
LVP is waterproof topically.
Speaker 17 (55:09):
If it sets in water over time, it can curl
and get britle, but you can't seal it. So I
had four kids, right, Yeah, when my kids got out
of the tub, you know, get wet. And if that
water goes and gets underneath the tie the LVP, now
you can cock it.
Speaker 7 (55:26):
But you know how cock is it.
Speaker 17 (55:28):
You were just saying you had a door that you've
done everything you can to keep water from coming in.
Once water gets under LVP, it's going to start growing mold.
The LVP won't, but the wood will. And you know,
and now you have plastic trapping water on your wood floor.
And so anybody that recommends that it isn't smart. You know,
(55:48):
if you want to seal a floor so you can
get it wet.
Speaker 7 (55:52):
Now use tile.
Speaker 6 (55:54):
Somebody else wants to know something about why let me
take this break. It's about putting flooring over a basement
concrete floor. What are the best ways to do it?
Some people were told they can go right over it.
Others said they need a sub base of a floor.
Some people said they need a thin set. They want
to know what they should do. Three oh three, seven
(56:15):
to one to three. Talk is our number seven one
three eight two five five. If you have any questions,
it doesn't have to be about floor coverings, but if
you do give us a call, we really.
Speaker 7 (56:25):
Would love to help you. And also if you have
any questions about uh not just floors, but we're going
to talk about something else that buddy's an expert at Hey, Tom, I.
Speaker 18 (56:39):
Spoke to you.
Speaker 7 (56:40):
That's outdoor cooking. Oh my god, he's a genius. What
I spoke tones you did? Oh good, we'll talk about
that coming up. I'm Tom Martino.
Speaker 6 (56:49):
Three O three seven to one to three talk and
speaking of waterwaterpros dot net. If you want soft water
around the whole house, good for your laundry, good for
your skin, good for your plumbing, good for everything.
Speaker 7 (56:59):
Around thirty five hundred thirty four hundred bucks fully installed
in the house.
Speaker 6 (57:02):
You will ever get a better price for a better system, ever,
and that's three oh three eight six two five fifty
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(57:26):
no obligation. In comparison, call Compass Insurance paying too much
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think you're his only customer when you choose Frank durand
the real estate Man dot com to list your home
with Remax Alliance. Three oh three nine two zero sixteen
twenty two.
Speaker 17 (57:46):
Was truck.
Speaker 7 (57:49):
Dan and yeah, that's amazing.
Speaker 6 (57:52):
Tom Martino here three oh three, seven to one three
talks you'll see seven one three eight two five five.
We're trying to get a hold of our mortgage expert
doesn't seem to be available, but alan what we can
do is contact you when we get a hold of them.
Speaker 7 (58:11):
I'm almost positive.
Speaker 6 (58:14):
You're going to need income to get that second, otherwise
you're going to pay out rageous amounts on a what's
called a hard money loan, that's a collateral based loan.
Speaker 12 (58:26):
Well, one thing that we haven't talked about yet today
what I mentioned yesterday. I'm more concerned not about the elock,
but about my credit card debt. I have that sixty
thousand dollars and it's an average splended rate of twenty percent.
That's what I really think I need to get rid of.
Speaker 6 (58:46):
And you will, and you and you can easily easily
with a consolidation loan on your home, but you're gonna
people are very reluctant to do thirds. So you have
a first and a second, and you pay off your
second and increase it by maybe thirty I mean, that
should be very.
Speaker 7 (59:06):
Easy for you.
Speaker 6 (59:07):
So that would be a total of about one hundred
on your second, three point fifty on your first.
Speaker 7 (59:12):
Your house is worth nine hundred.
Speaker 6 (59:15):
You should have no problems when it comes to LTV
or loan to value. But your debt to income ratio
will be reduced because they take into consideration what your
debt will be after the consolidation.
Speaker 7 (59:31):
But you still I don't know what income you're going
to need. That's what we were going to try to do,
is pre qualify you or look for other options.
Speaker 6 (59:42):
I don't know what else to tell you. A hard
money lender is going to be eight or nine percent
okay on one hundred grand easily, So you know, are
you prepared to pay that? You could probably get an
equity only loan for about one hundred grand if your
(01:00:04):
house appraises and that, but but you know that's a lot,
and usually a hard money lender doesn't want to admortize,
so they would do one hundred grand interest only. And
let's say worst case nine percent, you're talking about nine
grand a year, so you're talking about seven hundred and
(01:00:27):
fifty a month.
Speaker 7 (01:00:28):
So what are your payments?
Speaker 6 (01:00:29):
Now, let's just say worst case scenario, hard money lender,
they lend you that for They lend you that for
six months or whatever or a year until you establish
then you refy it.
Speaker 7 (01:00:42):
That's really what you do. You refy the second how
much is it? Let's just say your payment was seven
fifty or eight hundred a month on that one hundred
only how much that's a.
Speaker 12 (01:00:56):
Lot less to what I'm saying on my minimum payment
something credit cards?
Speaker 7 (01:01:00):
What is your minimum payment? What do your minimum payments
add up to.
Speaker 12 (01:01:06):
For the credit cards, probably twelve hundred for E for
the the second or for the keylock, it's about five fifty.
Speaker 6 (01:01:19):
So you would save a ton of money doing it
this way, but you would, you know, don't rush into
that because hard money lenders. I don't want to make
it sound like they're bad guys. I've done some hard
money loans in the past.
Speaker 7 (01:01:33):
It's there.
Speaker 6 (01:01:34):
They are people who simply want to get a short.
When I say short, up to five year return, a
decent return on an asset that's pretty secure. But they
will never do it for less than that, for less
than a few points over the market, because they could
they can get a T bill at six percent right now,
(01:01:55):
you know what I'm saying, So you gotta there has
to be incentive. But I think worst case scenario that
I was trying to quote you, I don't think you'd
have a problem finding a lender at nine percent.
Speaker 7 (01:02:08):
I don't. I do not think so.
Speaker 12 (01:02:12):
If I, even if my credit rating is pretty low, that's.
Speaker 6 (01:02:16):
Exactly what a hard money lender doesn't care about. Let
me put it to you this way, if you have
a home. And I hate to put it in these terms,
but if you have a homework nine hundred, you have
three fifty against it. Somebody loans you one hundred, now
you have four fifty. Okay, so five fifty six fifty
seven fifty eight.
Speaker 7 (01:02:35):
Fifty, So you have you have like, let's say four
hundred and fifty thousand inequity. Let's say even four hundred.
Speaker 6 (01:02:43):
If I gave if I loaned you the money at
nine percent and you defaulted, I would be thinking, the Lord,
you know I'm not I don't mean, I'm just kidding,
you know what I'm saying. But in other words, because
I would be able to sell that house, get all
of my money, and be done with it. So when
(01:03:03):
you have equity, equity, Trump's income for hard loans, for
real loans, but for conventional loans where you want to
get market rate, and market rate on a second, by
the way, is not going to be as much is
going to be a little more than on a first,
(01:03:25):
but it's still going to save you a ton of money.
I would first go the conventional route. But for that
you need income, and you need credit. Okay, once you know,
once you don't have credit, or you don't have income,
you may not have a choice but to do hard
money lending. And I listen, I know people, and I'll
(01:03:46):
tell you right now, there are at least one hundred
people right now listening to me that that say, wait
a minute, if he truly has a house worth nine
and he's got only three point fifty on a first
I'll let badly loan them one hundred grand at nine percent.
Right now, there's at least one hundred people listening that
would do it right now. I know they would, because
(01:04:07):
nobody in their right mind would turn that down. But
but the thing I have against hard money that I
don't like. I like making return on investment.
Speaker 7 (01:04:18):
I don't like profiting or somebody failing. Do you know
what I'm saying.
Speaker 6 (01:04:26):
My whole idea is to help someone succeed, and if
someone can't make the payments. I had one time a
guy who did a hard money loan with me, I
told them, listen, this is the worst thing you can
do if you're not if you don't plan this, I said,
you got to pay it back now. I didn't end
up foreclosing on the guy because I just couldn't. But
(01:04:46):
so to me, it was like an unsecured loan almost
because I didn't want to put him on the on
the street with his family. He had a house in Elizabeth,
so instead I had to fight like hell to find
somebody else to take the loan. But I told them,
I said, when someone else takes this loan, if you
don't pay them, they're going to foreclose. So that's the
(01:05:07):
one thing that's bad about hard money lending. They don't
They usually don't hesitate to foreclose. So hang on, sir, okay,
and again, what I'm going to do is call you
back when we get one of our experts on that
can chew the fat with us on this.
Speaker 7 (01:05:24):
Okay, now, Bob, here's what I want you to do,
Kachina or if you can help me here Bob, Alice
and Mike, I can get to all of you coming up.
Just hang on three oh three seven one three A
two five five.
Speaker 6 (01:05:39):
What's 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 an insurance check up free, no obligation. In comparison,
call Compass insurance paying too much your coverage at dozens
of insurance companies find out now wow three all three
(01:06:00):
seven seven to one. Help You'll think you're his only
customer when you choose Frank durand the real estate man
dot com to list your home with Remax Alliance three
all three nine two zero sixteen twenty two. Hey Tom Martino,
your troubleshooter three O three seven one three talk three
oh three seven one three eight two five five Bob,
(01:06:24):
you have an issue with State Farm?
Speaker 7 (01:06:26):
What's going on?
Speaker 4 (01:06:28):
Yes, sir, I uh had a two thousand and five
Gyms Sierra diesel truck stolen here a few weeks back,
and State Farm wants to settle for nineteen thousand what
they call cash value.
Speaker 13 (01:06:42):
And I know it's not a.
Speaker 4 (01:06:42):
Replacement cost, but just to come close to what it's worth.
I tried to do some comment.
Speaker 7 (01:06:48):
Now, hold on, So it's a two thousand and five
diesel truck.
Speaker 4 (01:06:50):
How many miles one hundred and thirty nine thousand, which
is a really.
Speaker 7 (01:06:54):
Little one hundred and thirty nine thousand, And how much
do they want to give you for it?
Speaker 4 (01:07:01):
Nineteen plus tax.
Speaker 7 (01:07:04):
Nineteen? And where do you why do you think it's
worth more?
Speaker 4 (01:07:09):
Well, there were several modifications done to it pretty sweet ride.
There is a power chip put in, and I got
an estimate to put it in.
Speaker 6 (01:07:18):
Well, hold on though, when you increase the value of
the truck, did you increase the stated value on your insurance?
Speaker 4 (01:07:29):
I told them everything that was on it when I
got it seven years ago.
Speaker 7 (01:07:33):
How much do you feel it's worth. They want to
give you nineteen plus tax? How much do you think
it's worth?
Speaker 4 (01:07:39):
Twenty four? Cash value? About twenty nine or thirty?
Speaker 13 (01:07:42):
Retail?
Speaker 7 (01:07:43):
Yeah, it doesn't matter what retail is. It matters what.
Speaker 6 (01:07:46):
Well, actually it kind of does and kind of doesn't.
They kind of have to give you what it's worth.
And when you said retail and cash, they should be close.
Speaker 4 (01:08:00):
I would think they would be the difference between wholesale
and retail for a dealer.
Speaker 7 (01:08:04):
Yeah, but they don't.
Speaker 6 (01:08:05):
But your plan doesn't pay you wholesale. It pays you
replacement for that vehicle.
Speaker 15 (01:08:10):
It doesn't mean that it doesn't.
Speaker 4 (01:08:12):
Well specific they said, this is not a replacement value.
Speaker 7 (01:08:18):
Okay, no it's not. It's it's no, it's but it is.
Let me explain. Let me explain this. Okay, they have
to pay you what it's worth.
Speaker 6 (01:08:27):
Presumably if they pay you what it's worth you should
be able to find another one for that price. Yeah, way,
like if they said it was worth fifteen grand and
there's not a truck anywhere for that price. Well it's
while it's not replacement, they mean it's not replacement in
a new You don't get.
Speaker 7 (01:08:48):
A new truck, but you do get what you lost. Now.
Speaker 6 (01:08:52):
I want to get compass on to talk about this,
but I also want to try something else. Okay, hold on,
I want to see if we can get petty details
on again, Katchina. If we can't get petty details, I
heard someone advertising all over Khow recently called Auto Value Experts.
(01:09:14):
They're a new sponsor and they claim to do what
petty details does.
Speaker 7 (01:09:18):
I'd like to I'd like to look up that ad
and call them.
Speaker 6 (01:09:22):
Okay, are you are? You're hearing me right, Kagina, Just
to blink twice whatever? Anyway, So I think they're called
auto value Experts. So hang on, Sarain, We'll do that,
Shan and make sure she heard that.
Speaker 7 (01:09:36):
Please, thank you. Well, she's looking at me, but I
can't Okay, does she have like is she fogging a mirror?
Speaker 6 (01:09:43):
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 an insurance check up free, no obligation. In comparison,
call Compass Insurance paying too much your coverage at dozens
of insurance companies find out now three all three seven
seven one help. You'll think you're his only customer when
(01:10:05):
you choose Frank durand the real estate Man dot com
to list your home with Remax Alliance three all three
nine two zero sixteen twenty two.
Speaker 1 (01:10:13):
Yeah, Rita News need advice so you don't have come
running just as fast as you can. Shooter's gonna help
come MANX is the Troubleshooter Show.
Speaker 7 (01:10:36):
Now Tom Martino, Hey, Tom Martino here, Welcome to the show.
Three oh three seven one.
Speaker 6 (01:10:43):
Three talk seven one three eight two five five. What's
happening in your life today? We have Buddy Mitchell with
us from Simply Floors Inc.
Speaker 7 (01:10:53):
Dot com.
Speaker 6 (01:10:54):
If you need any floor covering advice of any kind,
they're the experts Buddy and Karen Mitchell at Simply Floorsinc.
Speaker 7 (01:11:02):
Dot com.
Speaker 6 (01:11:02):
We also have a number of topics going on. I
want to get right to Bob says, and I want
to talk to two people. First, Jeremy at Compass Insurance.
Bob says he's.
Speaker 7 (01:11:15):
Insured by State Farm.
Speaker 6 (01:11:16):
He had a two thousand and five GMC diesel truck
one hundred and thirty nine thousand miles stolen. State Farm
wants to settle for nineteen grand. He says, I don't
know if that's fair. I don't think it is. I
can't find anywhere anything like it.
Speaker 7 (01:11:32):
Jeremy, Compass, excuse me, Jeremy.
Speaker 6 (01:11:35):
State Farm told him that it's not supposed to be
a replacement value, it's actual cash value. And I said, well, technically,
it's supposed to be what it's worth at the time
of the incident.
Speaker 7 (01:11:50):
Is that true, Jeremy, Yeah, And.
Speaker 22 (01:11:53):
To just define those terms actual cash value is going
to mean what it's worth at the time of the loss.
Replacement would be to buy a new one.
Speaker 7 (01:12:02):
You don't I understand that.
Speaker 6 (01:12:03):
So if in fact it's worth what it is at
the time of the loss, it is kind of replacement
for that particular.
Speaker 7 (01:12:12):
Vehicle, you should be able to find one exactly.
Speaker 13 (01:12:15):
Yeah.
Speaker 4 (01:12:15):
Yeah, yeah.
Speaker 6 (01:12:16):
So if they offered them a price that he thinks
is unfair, now I know there are we have justin
on from Petty details justin petty and he does appraisals
and stuff and estimates and loss of value and excuse me, yeah,
diminish value and all that. But Jeremy, when it comes
(01:12:38):
to policies, do they make an offer usually that's lower
than what is Where?
Speaker 7 (01:12:45):
Is that a common practice?
Speaker 22 (01:12:47):
Honestly with my companies. If I deal with two of
these a year, that's a bad year.
Speaker 13 (01:12:52):
I don't.
Speaker 7 (01:12:53):
I know.
Speaker 22 (01:12:53):
People think it's probably a lot more common. And I
can only speak for the ones, you know, companies we
work with, but I run into this a lot. I mean,
it can happen from time to time, and what we
typically want to do the first thing is and I
know what happened with Mark once is asked for the
comps that they're pulling to get you evaluated.
Speaker 7 (01:13:14):
And I want to ask you something else.
Speaker 6 (01:13:16):
We always get this argument too, People say, well, I
did a lot of customizations. At what point is it
your responsibility to add to your value?
Speaker 7 (01:13:29):
If that makes sense.
Speaker 6 (01:13:30):
If you're insuring app let's just say you're insuring A
sixty four and you have a lot of crap on there,
is it your responsibility to do a stated value of more?
Speaker 11 (01:13:40):
It is?
Speaker 22 (01:13:41):
Yeah, I mean any kind of classic car, you're always
better off getting a policy.
Speaker 7 (01:13:45):
Well, this is a five, so this wouldn't be classic,
would it. Okay?
Speaker 22 (01:13:49):
So yeah, on a regular car, anything that you've customized,
you need to add coverage for that because the policy
isn't really designed to pay enough. It's something made. They'll
probably throw it in by any kind of you know,
you get a lift or you had just whatever piece.
Speaker 7 (01:14:06):
Hey, Bob, what kind of stuff was custom on this?
Speaker 15 (01:14:11):
Most of it was there when I bought it.
Speaker 7 (01:14:13):
It was a power Yeah, it doesn't matter if it
was there when you bought it. But what was not stock.
Speaker 4 (01:14:19):
What was not stock was the powership chip which boosts
the power temporary.
Speaker 7 (01:14:24):
How much is that worth?
Speaker 13 (01:14:25):
Well?
Speaker 16 (01:14:26):
To do it today?
Speaker 4 (01:14:27):
And I got an estimate for an five, Sarah, to
do it to a like truck today.
Speaker 15 (01:14:34):
Was fifty.
Speaker 7 (01:14:37):
Actually, well that would have required additional insurance, I think, Bob.
Speaker 6 (01:14:43):
But yeah, I'm going to ask. I'm going to ask
for petty details. I'm not gonna because he's thought a
lot of these. So Jeremy, thank you very much. That's
Compass insurance. By the way, home of the insurance check up.
Make sure you're not paying too much and again insurance
is getting outrageous. They can't always beat the price, but
they'll give you an idea if you have a good
deal or not.
Speaker 7 (01:15:03):
Three h three nine nine six nine thousand. Let's go
to Peddy details justin.
Speaker 20 (01:15:11):
Are you there here?
Speaker 13 (01:15:11):
Yep? Justin.
Speaker 6 (01:15:13):
What you guys do is a great service for people.
You let them know if they're getting screwed by their
insurance or by other people's insurance. So what I know
you probably hear this, But what do you think about
a two thousand and five And I'm not asking for
an immediate value, but the principle two thousand and five
GMC diesel truck one hundred and thirty nine thousand miles.
(01:15:35):
It was stolen. They want to settle for nineteen. He
wants another five or six because of that chip. Now
have you been able to get these prices up a
bit because of customizations without extra insurance?
Speaker 9 (01:15:52):
Well, your typical auto policy will have a definition of
what constitutes this, you know, custom equipment, and they'll typically
have a thousand dollars limit, so you should have one
thousand dollars any way you look at it, or any
any component that is defined by the policy that would
(01:16:12):
be custom equipment, so things that are not produced for
the vehicle by the manufacturers, such as that chip, So
that would be a custom equipment subject to a limit
on the policy typically.
Speaker 7 (01:16:27):
Now, Bob, what else in addition to the chip?
Speaker 4 (01:16:31):
Yeah, I put a topper on there and painted the
massive truck cost me twenty two hundred seven years ago.
I called in today, they want thirty seven hundred to
do it.
Speaker 7 (01:16:41):
Now what do they do? Do they justin?
Speaker 6 (01:16:44):
Would that be a thousand for all customization or a
thousand per customization?
Speaker 9 (01:16:50):
It's a thousand for everything, but bedcaps and campers are
excluded from that definition typically.
Speaker 6 (01:16:58):
So if they're excluded, are they cover? Yes, they're covered,
so they're not if they're not figuring that in there?
Can he say I need this or can they say, well,
we never ensured that.
Speaker 9 (01:17:11):
No, that the camper or or tono cover either or
considered a cap at cap and that's covered.
Speaker 6 (01:17:21):
So it's not part of it, even if it wasn't
there when he first got the insurance and he added
it years later.
Speaker 7 (01:17:27):
Yep, okay, So.
Speaker 6 (01:17:32):
Tell us how you work at petty details. We really
want to know, and don't you have the other website?
Isn't it called diminished what's the website against.
Speaker 9 (01:17:43):
Sir, sure, Yes, diminished Value expert dot com.
Speaker 6 (01:17:48):
Diminished Value expert dot com. He's also on referral liss
dot com. Tell us how you work? Is there any
part of your service that is complementary?
Speaker 9 (01:17:59):
Well, yeah, I mean every time we take the case
on the review of it is of course complimentary. We
look at everything and see do we think that there's
any value there that's being missed that we can help with.
So the you know, the screening, So do you give.
Speaker 7 (01:18:13):
Him a first blush idea of what it's worth?
Speaker 4 (01:18:17):
Yeah, I mean I was.
Speaker 9 (01:18:18):
I had questions. Is it a twenty five hundred extended
cab crew cab? You know some details, but I could
definitely tell him what the value should be really close
and what he could potentially.
Speaker 6 (01:18:29):
Get, So Bob for that they have a complimentary service.
But then if you want to hire him, what is
the best and worst case scenario if they hire you?
Speaker 9 (01:18:39):
So best case scenario would be that we are able
to agree on a value that's you know, way better
than what's being offered. Yeah, because of.
Speaker 7 (01:18:50):
And what would that cost if you got involved directly?
What would that cost?
Speaker 9 (01:18:54):
So it's it's five hundred and fifty dollars typically.
Speaker 7 (01:18:58):
Okay, Now here's what I want to know on this truck.
Can you answer some of his questions? What size is it?
Is it twenty five hundred yes, COOKAB twenty.
Speaker 9 (01:19:12):
Five compact share okay? And so this has got the
which whitch engine in it?
Speaker 4 (01:19:24):
Sixty six diesel six point six diesel durromatt.
Speaker 9 (01:19:27):
Let's see durromats is they never get they never get
diesel trucks, right, Just so you know, this is a
common a common type of vehicle that we get. Okay,
see here.
Speaker 13 (01:19:43):
Wow, so that's the test.
Speaker 7 (01:19:45):
However, I love just checking with him.
Speaker 9 (01:19:47):
Yeah he said it had one hundred and thirty two
or something like that.
Speaker 7 (01:19:53):
One nine.
Speaker 9 (01:19:55):
Yeah, quite low knowledge for.
Speaker 15 (01:19:59):
The that it is here.
Speaker 4 (01:20:02):
It's one reason I bought it seven years ago because
it was a low miles TN.
Speaker 9 (01:20:07):
So let's see it's an automatic, yes, sir, it's got
they have a lift kit. No, nope, that has.
Speaker 4 (01:20:20):
Air socks in the back. Okay, that's another add on though.
Speaker 9 (01:20:25):
Yeah, all right, yeah, gosh, I'll see.
Speaker 7 (01:20:31):
This is interesting.
Speaker 13 (01:20:33):
I'd like to know.
Speaker 7 (01:20:34):
Let's see, and they're offering nineteen plus tax.
Speaker 9 (01:20:46):
Let's see here. Yeah, see, it's gonna be real hard
to find a comparable vehicle. And I would I would
think that that's probably a little low on that vehicle.
Speaker 13 (01:20:58):
I would.
Speaker 9 (01:20:59):
I would think that you would see them at twenty
five somewhere he was buying. He was thinking, it's probably
it's you know, nineteen is not terrible. I would expect
the carrier, most carriers off or twelve or thirteen on
a truck like that, But they just don't get them right.
The sources that they use and the companies that they
(01:21:20):
use to do though, can't hold you're out of diesel.
Speaker 6 (01:21:23):
S Does he go back to them and say nineteen
is low and then see what they do first?
Speaker 9 (01:21:30):
I mean definitely if they're most of these carriers, adjusters
don't have the authority to negotiate outside of the report
that they're required to use. So it's real hard to
make any headway negotiating with them. But it's worth a shot.
If you're a great negotiator, you might be able to
get them to come up enough to where it's not
worth you know, hiring an independent appraiser.
Speaker 7 (01:21:52):
Yeah, yeah, so why don't you try that first, Bob?
And then and thank you?
Speaker 13 (01:21:56):
Just told me to go to the CNT team.
Speaker 4 (01:21:58):
I'm sorry to interrupt. They told me to go to
the CMP team and upload comps. And as your Amanda said,
comps are really hard to find.
Speaker 13 (01:22:05):
That it's like the truck.
Speaker 4 (01:22:07):
So what I was trying to approach, I was trying
to do is find comps for a stock truck, which
you're average twenty five to twenty six money termines.
Speaker 15 (01:22:17):
A big part of the price, and this is low Miley's.
Speaker 4 (01:22:22):
And then say, well, these add ons are worth something.
Speaker 6 (01:22:26):
Yeah, yeah, but hold on, but you're not going to
get add ons that you never reported to them.
Speaker 7 (01:22:30):
And in short, bro, you're just not going to have
it both ways. Now, you can get some add on value.
Speaker 6 (01:22:36):
But if here's what I want to know, if you
can show just the regular base damn truck is twenty
five grand, don't go any further.
Speaker 7 (01:22:43):
That's all you want it anyway, Okay, all right?
Speaker 6 (01:22:46):
I mean, I mean, if all you wants twenty five
grand or twenty six and and there's no reason to
go beyond the normal truck.
Speaker 7 (01:22:54):
If that's what you're telling me, you're finding, you're finding
they're worth You can't find any truck like that, So
just do that right now, and then we'll get and again.
Speaker 6 (01:23:05):
Let me tell you how to get in touch with
Justin Petty or Diminished Valueexpert dot com when he's not here.
It's two one four two one four two two seven.
Speaker 7 (01:23:17):
Two one five four one five four. Guys, I'm Tom Martinez.
We got more coming right up.
Speaker 6 (01:23:28):
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 an insurance check up free, no obligation comparison
call Compass Insurance paying too much your coverage at dozens
of insurance companies find out now three all three seven
to seven to one.
Speaker 7 (01:23:47):
Help.
Speaker 6 (01:23:48):
You'll think you're his only customer when you choose Frank
durand the real estate Man dot com to list your
home with Remax Alliance three oh three nine two zero
sixteen twenty two. Hi, Tom Martino, your troubleshooter three old
(01:24:10):
three seven one three talk three O three seven one
three eight two five five. Let's talk to Mike about
the table refund. Go ahead, Mike, what's going on?
Speaker 7 (01:24:23):
Mike?
Speaker 15 (01:24:24):
Yeah?
Speaker 13 (01:24:25):
I might have been scammedal my either dollar taber reef
by this online internet place. How well, it's called texlayer
dot com and they claim to be an affiliate the
United Way and they'll follow your uh, your.
Speaker 7 (01:24:49):
Application or by the way, did you three funds go
out already?
Speaker 13 (01:24:54):
I don't know, but I heard a commercial say you
got like a until October first or something otherwise you're
gonna wait till like next year. But I haven't received anything.
And I went to the website and I.
Speaker 6 (01:25:07):
Haven't received anything either. Buddy, did you receive your taber?
I didn't receive No, I don't. I don't know anything
about it. So anyway, keep going.
Speaker 7 (01:25:14):
So you went to what website.
Speaker 13 (01:25:18):
It's called text player dot com. They claim to be
last shoot of the United Way the words of free And.
Speaker 6 (01:25:29):
Do you think did you have to put in all
your information about yourself and you think they got your tabor?
Speaker 13 (01:25:36):
That's one I'm wondering that I have not received any information.
Speaker 6 (01:25:40):
But maybe yeah, but you got to explain to me
this website you went to. What is the website? And
what do they purport to do?
Speaker 7 (01:25:50):
Well?
Speaker 13 (01:25:51):
They claim to file your taxes for you electronically.
Speaker 27 (01:25:55):
I think it's like a TurboTax.
Speaker 7 (01:25:57):
Okay, thank you, dragging it's like a turbot tax.
Speaker 13 (01:26:01):
Yeah, I guess I didn't received anything, but I don't know.
Speaker 7 (01:26:07):
Okay, did you go to the tax website after you
did not receive your taber? Or did you do it
from the beginning to do your taxes?
Speaker 13 (01:26:20):
I have not gotten back there since then.
Speaker 7 (01:26:23):
But here's what I'm asking. What brought you to that website?
Speaker 13 (01:26:28):
It was an email?
Speaker 7 (01:26:30):
Okay, so that's why you went.
Speaker 6 (01:26:31):
You went there to do your taxes, and you believe
they received your refund.
Speaker 13 (01:26:38):
No, That's what I'm wondering. But if you ever received
it and no one else has, what is taking song Dragon?
Speaker 7 (01:26:45):
Did you get yours? I don't know of anybody who
got there, So.
Speaker 27 (01:26:47):
I think it's a little too soon at that point,
isn't it? Because I think was it this time roughly
last year? Pullus was getting it to us all soon
before the election because he wanted to make sure he
got reelected.
Speaker 6 (01:26:58):
Well, he wanted to take credit for it, which was
in place long before him. I know, I know he
made it sound like he was the one doing it.
Here's what I need to ask a couple questions here.
I need the actual website.
Speaker 13 (01:27:13):
I their their phone number is? Now?
Speaker 7 (01:27:18):
How about their website. You got their website.
Speaker 13 (01:27:23):
Support at my Free Taxes dot Com phone number eighty
six six six.
Speaker 7 (01:27:31):
Five.
Speaker 13 (01:27:31):
I haven't tried any of this yet.
Speaker 7 (01:27:34):
Real quick six, real quick question.
Speaker 27 (01:27:37):
No, you used tax Slayer as your tax software though, correct. Yeah,
so this isn't just some random email that you got
from a company saying, hey, you missed your table refund,
use us to get it.
Speaker 7 (01:27:48):
No. No, he said it was tax Slayer, correct, which
which he has used in the past.
Speaker 13 (01:27:55):
No, I haven't.
Speaker 27 (01:27:56):
You've never used tax Slayer.
Speaker 7 (01:27:59):
No, they claimed to be from Did you ever check
with the I R S to make sure it was filed?
Speaker 19 (01:28:06):
No?
Speaker 13 (01:28:07):
Because it's it's so circu this.
Speaker 6 (01:28:11):
Well, that's the first thing you need to do, right.
The first thing you need to do is you can
see if your file, if your taxes have been filed.
That's the first thing.
Speaker 9 (01:28:20):
Yeah.
Speaker 13 (01:28:20):
Mark Major is really great on this. He helped last time,
helped what get get get a refund from uh uh
the Coro Department of Revenue.
Speaker 2 (01:28:33):
Yeah.
Speaker 13 (01:28:33):
Mark, Mark's really been great on this.
Speaker 7 (01:28:35):
Good. But here's what we need to do first.
Speaker 6 (01:28:38):
Okay, I need so when Mark helped you before, did
you had you done your taxes to the same service.
Speaker 13 (01:28:47):
No, I didn't. And then it was a website specifically
on C dot rev or whatever it is, and it's
not there now, and they just I don't know what's okay.
Speaker 6 (01:29:00):
When your first of all, Mike, you have to help us.
You're making zero sense to us. So let me get
this straight. One time you filed your tax you didn't
know who a refund was. You called and Mark help you.
Now you file your tax with tax Slayer and you
think maybe they took your refund or you don't know
where it is.
Speaker 7 (01:29:19):
Again, you don't.
Speaker 6 (01:29:20):
Even know if if that that tax service actually filed
your taxes. You did not even go so far as
to see if your taxes have been filed?
Speaker 7 (01:29:29):
Is that right.
Speaker 10 (01:29:31):
True?
Speaker 13 (01:29:32):
They just sent me a confirmation email.
Speaker 7 (01:29:35):
Okay? Who sent you the confirmation email?
Speaker 13 (01:29:39):
Tex splayer?
Speaker 7 (01:29:40):
Okay, can you send us a copy of that confirmation email?
Speaker 13 (01:29:48):
It was last year or.
Speaker 7 (01:29:50):
You don't have it?
Speaker 9 (01:29:52):
No?
Speaker 13 (01:29:53):
Yeah, okay, so.
Speaker 6 (01:29:54):
You have Do you have any way of knowing, for
God's sakes, if tax Slayer actually filed your taxes?
Speaker 19 (01:30:05):
No?
Speaker 13 (01:30:05):
I don't. Okay.
Speaker 7 (01:30:07):
If you go to tax Slayer right now, can you
log in?
Speaker 13 (01:30:12):
I haven't tried it?
Speaker 7 (01:30:14):
Well, you got to that. Okay, you have to you
have you're the one that did it.
Speaker 6 (01:30:19):
So if I went to tax layer right now, there's
a log in with a username and password.
Speaker 7 (01:30:25):
Do you have a username and password?
Speaker 13 (01:30:28):
I haven't tried it. I don't know that's true.
Speaker 7 (01:30:32):
Well, in order to.
Speaker 6 (01:30:33):
File your taxes, you had to have gone on with
a username or password. So I'm asking you, did you
ever have a username or password?
Speaker 13 (01:30:43):
Oh? I have to go back and check.
Speaker 7 (01:30:46):
Well, the answer is you did. Okay, Now what you do?
Here's the good part.
Speaker 6 (01:30:51):
On the login page, it has a place for forgot
user name or forgot password.
Speaker 7 (01:30:59):
You can do both.
Speaker 6 (01:31:01):
So all you have to do is supply your email address.
Do you know the email address you would have used
when you logged on?
Speaker 7 (01:31:11):
Maybe? Okay, maybe, okay, I'll tell you what.
Speaker 6 (01:31:14):
Then, when you find out any information at all about yourself,
then go to TaxSlayer dot com and retrieve your username
or password or both and log on to that. That
place will have a record of your filing and then
(01:31:35):
we can help you.
Speaker 27 (01:31:36):
And Mike just say we're very clear here. Do not
click on anything you got in that email.
Speaker 7 (01:31:42):
No, go do go to tax slayer. Go directly to
TaxSlayer dot com.
Speaker 13 (01:31:50):
Directly go to can I go to call a department?
Speaker 6 (01:31:55):
No, here, go to taxlayer dot com retrieve your username
or pass. That's really what you need to do. I
got to move on my three oh three seven one
three talks seven one three eight two five five. Jeff
has a question on evaluation of a Ford. Now, now, Jeff,
do you have the same question as that other guy?
Speaker 7 (01:32:12):
Was your car? Was your truck stolen?
Speaker 15 (01:32:15):
Actually? No, we have a vacation home in Nebraska. Yeah,
and we got hit by a tornado wo with me
my neighbor's garage landing on top of my garage. And
this truck was just Christine. It was a two thousand
(01:32:38):
and eight Ford and ed didn't have a scratch on
it anywhere.
Speaker 7 (01:32:44):
Was it registered?
Speaker 13 (01:32:48):
Oh yeah, okay yeah.
Speaker 6 (01:32:52):
And so you're going to get what a normal two
thousand and eight four truck with that mileage is worth.
Speaker 15 (01:33:02):
Yeah, And that's what they tried to do. They tried
to give me fourteen thousand for it.
Speaker 7 (01:33:08):
And what company was it? What company?
Speaker 20 (01:33:11):
H Shanitar or Century Century?
Speaker 7 (01:33:16):
Listen, here's the thing with an ass Yeah, that's right. Century.
Speaker 6 (01:33:21):
Now listen, you're only going to get what it's worth okay,
even if it was in pristine condition.
Speaker 7 (01:33:27):
You'll get a little more for its condition. How many
miles were on it?
Speaker 15 (01:33:32):
There is ninety three miles on it, ninety three thousand.
Speaker 6 (01:33:37):
Okay, listen, here's what you can do. Did you get
that number for Petty Details?
Speaker 9 (01:33:46):
No?
Speaker 15 (01:33:46):
I didn't.
Speaker 6 (01:33:47):
All right, hold on and you'll get it. Kachina will
get that for you. Call Petty at Petty Details and
ask what the valuation is to see if your clubs.
They can help you. Okay, and most of their help
upfront is free of charge. We got more coming up
on the Troubleshooter Show three O three seven one three
(01:34:09):
eight two five five. 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 an insurance check up, free,
no obligation comparison call Compass Insurance paying too much your
(01:34:31):
coverage at dozens of insurance companies find out now three
oh three seven seven to one help. You'll think you're
his only customer when you choose Frank durand the Real
estate Man dot com to list your home with Remax
Alliance three oh three nine two zero sixteen twenty two.
Speaker 7 (01:34:51):
Martin here three three seven on three talk.
Speaker 6 (01:34:55):
Tom has a question on tree damage, and speaking of trees,
we're gonna talk to Deputy dot who's got an update
on this Mendez tree removal.
Speaker 7 (01:35:04):
But first let's talk to you, sir. What's happening? Tom? Hi?
Speaker 21 (01:35:08):
Tom? How you doing?
Speaker 4 (01:35:09):
Yeah?
Speaker 21 (01:35:09):
A couple of weeks ago, about a weeks ago, I
had a gentleman decided to park his pickup truck on
my property between two large trees. He actually took out
one and damaged ford.
Speaker 7 (01:35:22):
And who did this? What it was it a company?
Speaker 21 (01:35:26):
No, it was a It was a young man driving
his truck at seventy miles an hour and a twenty
five sev alone.
Speaker 7 (01:35:31):
Okay, so did he is there a police report? Was
he caught or did he leave? What happened?
Speaker 21 (01:35:38):
No, there is a police report. He just he was
carried out of an ambulance. He didn't he didn't walk away.
Speaker 6 (01:35:45):
But you know, well, okay, so his insurance will have
to pay for damages to your property.
Speaker 21 (01:35:51):
True, I understand that. Well, my question is I mean
when I live in the very north and tip of
the flat forest, these two trees that are seriously damaged,
and I've already had somebody come out and look at
maybe removing them, said that they're not going to survive,
so we're gonna have to have them cut down. But
I'm wondering if they have a value, because they do.
Speaker 7 (01:36:12):
Yeah, yeah, they do.
Speaker 6 (01:36:14):
Now I find that dal that I don't know, but
I do know landscaping has a value. Now it may
not be worth what we think it's worth, but again,
what we could do is called compass and see what
they suggest. They had to have come across this before,
so hang on. Now this is the result. See and
(01:36:36):
this is different. This is not your own insurance or
although it could be as well, it could be either
his insurance or yours. Does his insurance offer anything? Are
they cleaning up or doing anything?
Speaker 21 (01:36:49):
Right now? I just got the police report today, so
I haven't contacted anybody other than another tree guy to
come out and take a look.
Speaker 7 (01:36:57):
Let's talk to Compass.
Speaker 13 (01:36:58):
I need to.
Speaker 7 (01:36:58):
We need to talk about home owners versus auto versus. Yeah,
like who's going to pay what?
Speaker 6 (01:37:07):
So hang on and we'll get somebody on three oh
three seven one three eight two five five.
Speaker 7 (01:37:13):
I'm writing down Compass Insurance.
Speaker 18 (01:37:17):
And ask if if the kid was alive because it
was a fatal accident, it puts in a whole different story.
Speaker 7 (01:37:25):
Not with insurance, it doesn't. Why would it change anything. Uh,
that's a good point. I thought it might.
Speaker 18 (01:37:34):
If if the person was deceased, then they have to
go through his Uh it would be story right.
Speaker 7 (01:37:41):
Oh no, no, no, no, absolutely not. It's if not
if he was insured.
Speaker 6 (01:37:47):
Now, if he was uninsured and you're suing him, then
you would have to go to his estate.
Speaker 7 (01:37:52):
That would be true, that would be true.
Speaker 6 (01:37:55):
But if he's insured, the accident happened while he was alive,
that that claim is alive.
Speaker 7 (01:38:01):
Okay, good point. Yeah. Now what about the Mendez guy?
What happened? Oh well, I want to explain to people
what happened. Jamie paid him forty twenty.
Speaker 6 (01:38:12):
Four hundred bucks to remove trees and trim around her
house and her neighbor's house, and he did a bad
job and it's incomplete.
Speaker 7 (01:38:22):
What did he say, Well, he said it was complete.
Speaker 18 (01:38:24):
And they went back and forth. I went on a
three way call and they went back and forth a
little bit. But he is going to send somebody out
there tomorrow, and she's they're gonna take pictures and I
told Jamie that before he leaves, while he's on site,
call me and if if it isn't done to her satisfaction,
(01:38:49):
while he's there, I'll find out exactly what it is
she wants done that isn't being done.
Speaker 7 (01:38:55):
Well, he said it, So is he going out personally?
I send me one of his guys out.
Speaker 6 (01:39:00):
Okay, and he's but he claimed it was done correct.
Speaker 7 (01:39:05):
So was she surprised at that? Uh? Yeah, a little bit.
Speaker 18 (01:39:09):
You know, people get defensive when you when you accuse
them of things, and we didn't accuse them of doing
a bad job. I said, look, there are a couple
of little things that she wants taken care of. And
basically I said, he'll send his guy out. And like
I said, I told Jamie, call me before he leaves,
and if there's anything that hasn't been done that you
want done, I will talk to the guy and we'll
(01:39:30):
get the satan care of.
Speaker 7 (01:39:31):
So I will give you an update probably on Monday.
All right, three h three seven one three eight two
five five.
Speaker 6 (01:39:47):
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 an insurance check up free no obligation. In comparison,
call Compass Insurance paying too much your coverage at dozens
of insurance companies find out now three all three seven
seven to one help You'll think you're his only customer
(01:40:09):
when you choose Frank durand the real estate Man dot
com to list your home with Remax Alliance three all
three nine two zero sixteen twenty two. Hi Tom Martino
here at three all three seven one three talks seven
one three eight two. Brian Burns's quick question here, Brian,
if somebody slams into my house and ruins a treekay,
(01:40:33):
a really beautiful big tree, how do you put a value?
And by the way, Brian Burns is with Compass Insurance
Group home of the insurance checkup.
Speaker 7 (01:40:42):
How do you put a value on that tree?
Speaker 13 (01:40:45):
Wow?
Speaker 22 (01:40:46):
Well, so, if it's a normal damage, the problem is
if you're you're claiming it on your own policy, they
put the value because they have a limitation. But if
you're talking about going after somebody else because of what
damage they did to you, that's different. That's kind of
outside my scope because it's not really an insurance issue
at that point. It's more of the value of the tree.
(01:41:07):
It's more of a lawsuit.
Speaker 7 (01:41:08):
But yeah, but I guess I'm asking you this.
Speaker 6 (01:41:11):
Would do you believe an automobile liability policy extend to
landscaping damage?
Speaker 18 (01:41:20):
Yes?
Speaker 22 (01:41:20):
Yeah, absolutely, that's liability. Still, I mean you did damage
to someone else's property and that tree has value, no
doubt to it. So yes, your liability or the driver's
liability should pay for the damage to that.
Speaker 6 (01:41:33):
That's what we were asking. So, Tom, you're not barking
up the wrong tree. Tom, that that but you're But
now Compass can't tell you how to get it evaluated.
You'd probably have to talk to an arborist or something exactly.
Speaker 13 (01:41:48):
Okay, Now, okay.
Speaker 6 (01:41:51):
Again, there's going to be a limit. There's not going
to be a replacement of that exact tree. That tree
has a value, and what you may have to do
has planned a much smaller, younger tree and take the
rest in cash.
Speaker 7 (01:42:04):
In other words, when you get compensated.
Speaker 6 (01:42:06):
For loss, it's not always going to be it's not
going to make you one complete all the time. Like
it may be impossible to transplant a tree that big. Yeah,
so anyway, but there is value to it. Okay, that's
(01:42:27):
the question. Now, Brian. Another question, what if this guy
was uninsured or what if it was a hit and run?
Would your homeowner's policy cover that so?
Speaker 22 (01:42:39):
And that is where you would have to actually look
at your policy language.
Speaker 15 (01:42:42):
There is coverage for trees.
Speaker 6 (01:42:46):
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 an insurance check up free, no obligation. In comparison,
call Compass Insurance. Pay too much your coverage at dozens
of insurance companies find out now three all three seven
to seven to one.
Speaker 7 (01:43:06):
Help.
Speaker 6 (01:43:06):
You'll think you're his only customer when you choose Frank
durand the real estate Man dot com to list your
home with Remax Alliance three all three nine two zero
sixteen twenty two.
Speaker 1 (01:43:16):
Yeah, ripped of bad news? De need advice, you don't
have the come running just as fast as.
Speaker 9 (01:43:31):
We can show.
Speaker 1 (01:43:32):
Shooter's gonna help.
Speaker 7 (01:43:34):
Come man, This is the Troubleshooter Show. Now Tom Martine, Hi,
Tom Martino here, Welcome to the show.
Speaker 6 (01:43:43):
Three oh three seven one three talk seven one three
eight two five five. This hour brought to you by
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Speaker 7 (01:44:24):
Let's continue. We're here talking about anything you want to
talk about. Three oho three seven one three talk now, Marlene,
what's going on with you? Marlene, Welcome to the show.
I'm told to check my email, which I'll do. Apparently
you sent an email, so go ahead. Start your story.
Speaker 26 (01:44:47):
Well, about two years ago, I contacted home Depot about
repairing some windows in my house, and the sales reps
insisted that I had to have replacement windows because I'm
one of the windows that still was rotted and the
other window, a double pane glass was broken.
Speaker 23 (01:45:04):
Yeah, And so I believed him and we order you know, it.
Speaker 26 (01:45:08):
Was like two to three thousand dollars. So there's placement windows.
Speaker 23 (01:45:10):
And then they came out and their chuck cut the
sill where it was added and just butted.
Speaker 3 (01:45:17):
Up some new wood.
Speaker 23 (01:45:18):
He didn't take the entire sill out. And so I
contacted Home Depot again and said night, Now.
Speaker 6 (01:45:24):
When you went to home Depot, did they sub this
out or was it Home Depot? I think they have
a company that's an approved vendor, right, their.
Speaker 26 (01:45:35):
Sales rep is Home Depot and the contract I signed
was from home Depot.
Speaker 7 (01:45:42):
Okay, And how many windows?
Speaker 23 (01:45:44):
There were two windows, and so the one had the
rotted chill.
Speaker 7 (01:45:48):
And that's all.
Speaker 6 (01:45:49):
Wait, wait, so you only bought two replacement windows. Yes,
and by the way, I just want to tell you
something that was probably a good idea, not you know,
to replace them. Now I can't speak to what they did.
So are you saying that both replacement windows were jacked.
Speaker 7 (01:46:08):
Yes.
Speaker 23 (01:46:09):
When they did the installation, I'm the one with a
rotted sill, they said I needed a new window because
it had a rotted sill, and they didn't replace the
entire sill. So they came back fan died out colomy.
Speaker 26 (01:46:21):
It three times to now.
Speaker 6 (01:46:23):
Now where does it stand today? What still needs to
be done in your estimation?
Speaker 26 (01:46:28):
Okay, on the other window that didn't have a rotted sill,
that chill is now completely rotted. And I called him
and I said.
Speaker 23 (01:46:37):
Wait a minute, this should be a two year new shill.
Speaker 26 (01:46:41):
They never replaced the sill on that other window, even
though they claim it's part of the window.
Speaker 23 (01:46:46):
So now I have a totally rotted sill.
Speaker 26 (01:46:48):
They sent out an inspector.
Speaker 7 (01:46:50):
He said, wait, wait, wait, are you saying a sill
or a still.
Speaker 26 (01:46:55):
A still the war bottom part of the window that
is part.
Speaker 7 (01:47:00):
Of the window. Are they saying it's not part of
the window.
Speaker 26 (01:47:04):
No, the thing is part of the window. And that's
why I needed new replacement windows. But when they installed
the window, they didn't replace the sill.
Speaker 7 (01:47:14):
Well, that's ridiculous. Okay, hold on, hold on, so right now, though,
let me let me get this straight. If they replace
the sill, are they available separately?
Speaker 26 (01:47:32):
They claim no, but they didn't do it when they installed.
Speaker 15 (01:47:37):
The new No.
Speaker 7 (01:47:38):
I get that they didn't do it.
Speaker 6 (01:47:40):
Then if they did not do the sill, they installed
a window and took the sill off the old window
and put it on.
Speaker 7 (01:47:48):
The new one.
Speaker 26 (01:47:50):
No, it's just part of the framing and so they didn't.
Speaker 23 (01:47:55):
Have to touch it.
Speaker 6 (01:47:56):
I get what you're saying. So you're saying the inside
trim had the sill on it. Yes, okay, I want
to explain something to you. Listen, now that I know
what you're talking about. There are drop in replacement windows
that do not include the sill where the sill is
(01:48:17):
part of the trim, and if they did not do
new trim, you would not get a new sill. But
there are some windows that include sills. It really is
whatever you signed for.
Speaker 26 (01:48:35):
Okay, Well, they told me that they would replace the shills,
because that was my problem, was that.
Speaker 7 (01:48:42):
In your contract.
Speaker 26 (01:48:47):
I believe it was.
Speaker 6 (01:48:49):
Well, let me see your contract then, Marlene, because listen,
if they said windows and sills and trim, then you
get it. If it doesn't, you're not gonna get it.
I mean, Marlene, listen, I understand what you're saying.
Speaker 15 (01:49:03):
Though.
Speaker 6 (01:49:03):
I understand they looked at the sills and said, oh man,
you need all new windows. I think what they were
saying is the reason your sills are rotting is because
they got wet from the old windows. You need to
put in new windows, which was probably correct, But the
sills themselves, if they are attached to the molding. When
(01:49:24):
you look at the sills and they pulled out the windows,
that sill was still attached to the molding.
Speaker 13 (01:49:29):
Is that right?
Speaker 6 (01:49:31):
Yes, Okay, then it's not I know you're not gonna
like hearing this, but then it's truly not part of
the window.
Speaker 23 (01:49:40):
Exactly.
Speaker 6 (01:49:42):
Well, well, it can't be that much to put two
new sills or even all new trim up.
Speaker 7 (01:49:49):
It can't be that much.
Speaker 26 (01:49:51):
Well, they insisted that they couldn't do that, that they
had to replace the windows in order to replace them.
Speaker 7 (01:50:01):
Marlene, Marlene, it doesn't matter about that. I get what
you're saying. They were kind of right.
Speaker 6 (01:50:09):
They're telling you that if they replaced the trim and
the sill, it would probably rot again because of the
old windows, the old windows.
Speaker 7 (01:50:19):
Probably how old were the old windows They were.
Speaker 26 (01:50:24):
Thirty years old.
Speaker 6 (01:50:24):
Yet then they needed to be Listen. I don't think
you did a bad thing replacing the windows. You just
got to get your head around this. So now all
you need to do is put in new trim with
new sills. That is not unusual to do when you
change the windows. But if you did not pay for
(01:50:45):
the trim and the sills, it's not automatically done.
Speaker 20 (01:50:51):
I did pay for it.
Speaker 6 (01:50:53):
We're okay, then you're gonna okay, put her on hold.
Show me the contract because I don't see it in
your email. Show me the contract that says replacement windows,
trim and sill. Just show me, and I promise you
will fight for you, okay, because I need to see the.
Speaker 7 (01:51:08):
Contract because you you you said they don't. They said
it's not part of the replacement window. Okay, it's not.
Speaker 6 (01:51:17):
But you said you bought everything, the new sills with
the trim. That's what I need to see, Kachina. There's
no sense going in circles. I need to see your contract.
Three oh three seven one three talk seven one three
eight two five five. So, buddy Mitchell, we got a
quick question here about the They want to know on
(01:51:38):
a basement floor, someone recommended a sub floor. Someone else
recommended a thin set. They want to know what does
that mean? What does she need normally on a floor
when she's putting down LVP.
Speaker 7 (01:51:54):
Go ahead, there, there you go, sirt.
Speaker 17 (01:51:57):
We we go in and grind the high spots in
the concrete and level and then level.
Speaker 7 (01:52:02):
It so you don't have to be done. You don't
do a thin set whatever that is.
Speaker 17 (01:52:06):
Thin set is level okay, right, we use a special
material that bonds with the concrete. After you grind it,
you grind it and the wrong word they're using the
wrong word.
Speaker 7 (01:52:15):
You're using whatever a level or so. But first you
grind to almost level.
Speaker 17 (01:52:21):
Well, grind as much as we can, yeah, and then
you put the level or we do flattener flattener okay, okay,
we're not going to make the whole base get flattener.
Speaker 13 (01:52:29):
Right.
Speaker 7 (01:52:30):
Do you ever need a sub floor put down?
Speaker 13 (01:52:32):
No?
Speaker 7 (01:52:33):
Okay? What is they want to know this? Do they
need a vapor barrier? Yes?
Speaker 13 (01:52:39):
What is that? Well?
Speaker 7 (01:52:41):
Okay, yes and no okay.
Speaker 17 (01:52:43):
A vapor barrier is a piece of plastic, a six
mili piece of plastic that you lay on the floor
and then you put the LVP over it.
Speaker 7 (01:52:50):
Okay.
Speaker 17 (01:52:50):
I've been doing basements for ten years. Yes, I work
with lots of basement companies. Okay, we never did it.
We've never had an issue. But if you have an issue,
you know they're going to say, oh, you should have Now.
The LVP companies came out about a year year and
a half ago and started requiring it.
Speaker 7 (01:53:11):
So they didn't. No, because it traps moisture, So you
don't put vapor berries. We don't. We checked the liability
and you've not had any problems.
Speaker 17 (01:53:21):
I have done six to seven basements a week for
ten years and never had a problem.
Speaker 7 (01:53:27):
Never had a problem. Oh, never happened.
Speaker 17 (01:53:30):
Well, I had problems in the beginning because I didn't
flatten the floors, okay, and then I had a problem
in the beginning because I used the home depot floor
level or and over time people walking on it, it
turned into like gravel because it didn't chemically bond.
Speaker 6 (01:53:45):
And the new stuff chemically bonds. Yes, that sounds like
some good stuff, right.
Speaker 17 (01:53:49):
Yeah, it's specially designed to make the floor flat and
it bonds with the concrete below it.
Speaker 7 (01:53:56):
All right, So that's simply Floors Inc. Dot Com.
Speaker 6 (01:53:59):
I was asking us because he's got just straight information. Hey, uh, Sally,
what's your question about a judgment.
Speaker 19 (01:54:09):
Called your property manager that stole my rent and my
security deposits?
Speaker 6 (01:54:14):
Wait a minute, wait a minute, you what do you
mean they stole What do you mean the property manager
stole it?
Speaker 19 (01:54:21):
Well, the tenants paid by zell I think it is.
Speaker 7 (01:54:25):
And he's, oh, you're you are? You are the landlord.
Speaker 19 (01:54:29):
I'm the landlord, but the property manager collects the rent
and then they're supposed to disperse to me.
Speaker 7 (01:54:35):
Oh, now did you fire this property manager?
Speaker 19 (01:54:39):
Well, I didn't have to because I couldn't get a
hold of him. I just went to the police like
you told me to do. And that was a year ago.
Speaker 7 (01:54:46):
And now I oh, wait, Sally, so you called me
on this a year ago.
Speaker 19 (01:54:50):
Yeah, it took that long. And what happened, well, actually,
you know you were so firm about it. You go
talk to the tennis.
Speaker 6 (01:55:01):
This was a Darryl Darryl evangelista. Right, okay, hold on,
I'll come right back. Hold on, dear, I'll come right
back to you. I remember this clown three oh three seven, one,
three eight, two five five more coming right up on
the Troubleshooter Show.
Speaker 7 (01:55:16):
And I want to tell you about this.
Speaker 6 (01:55:17):
Excel Roofing is the best roofer, not just because of
how they do roofs, but how they inspect the entire
roof system. I'm gonna give you a personal sample. My
attic was one hundred and thirty degrees and I thought
I was doing everything right. That would have ruined my roof,
my decking and everything if.
Speaker 7 (01:55:34):
I didn't go to Excel.
Speaker 6 (01:55:35):
They do more than roofs. They know the entire roof system.
They know how to make roofs last forever.
Speaker 7 (01:55:42):
I mean not forever, but you know what I mean.
Speaker 6 (01:55:43):
Right, Excel as an excellent ex Cel Excel Roofing dot com.
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dot com. You don't pay a cent until you're content.
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(01:56:05):
of insurance companies find out now three all three seven
to seven to one.
Speaker 7 (01:56:08):
Help.
Speaker 6 (01:56:09):
You'll think you're his only customer when you choose Frank
durand the real estate Man dot com to list your
home with Remax Alliance three all three nine two zero
sixteen twenty two. Hi Tom Martino, you're troubleshooter. So I
have a picture of Darryl Evangelista. He's still in business,
(01:56:29):
still advertising big, but Sally said he took several rents
and never passed him on as a property manager.
Speaker 7 (01:56:36):
So did you get a judgment against them sally, Yes.
Speaker 19 (01:56:40):
So I sort of like run that. But that's part
of my question, like what happens now and what does
it mean if he doesn't pay and I go to
civil court? I don't get it.
Speaker 7 (01:56:49):
Well, you already got a judgment, so you did go
to civil.
Speaker 19 (01:56:52):
Court, right, I went to a law court, but you
know it was just in August first, so I haven't
gotten any.
Speaker 7 (01:57:01):
Did the judge, did Darryl show up?
Speaker 19 (01:57:10):
He shut up and then he said, yeah, I did it.
Speaker 22 (01:57:13):
I took it.
Speaker 7 (01:57:13):
Well, let me ask you. Was this a law enforcement
action or was this a civil or was this a
lawsuit you brought?
Speaker 19 (01:57:21):
It was law because I don't know anything about what
civil means.
Speaker 6 (01:57:24):
Okay, okay, So in other words, why were you there?
Did the police contact you?
Speaker 4 (01:57:31):
Well?
Speaker 19 (01:57:31):
I contacted them and gave a report.
Speaker 7 (01:57:33):
And then he was arrested. Did the court order restitution?
Speaker 19 (01:57:39):
Correct?
Speaker 7 (01:57:40):
How much restitution per month?
Speaker 4 (01:57:44):
Well?
Speaker 19 (01:57:44):
I don't that's part of my question. I don't know
the details. And of course I can call them now,
but I called you first.
Speaker 6 (01:57:50):
Okay, here's what you need to do. You're saying, how
do you know there was a rid of reimbursement or restitution?
Speaker 7 (01:57:58):
How do you know that.
Speaker 4 (01:57:59):
The judge said, so good.
Speaker 6 (01:58:01):
Now you need to contact the clerk of the courts
or that court case. Yep, and you need to ask
them for details in the jacket on how much in
the transcript, how much was ordered that he pay and
when does it start?
Speaker 21 (01:58:16):
When was the hearing August first?
Speaker 7 (01:58:20):
And was it brought by the DA. Yes, they will
have the information too.
Speaker 19 (01:58:27):
They said state of Colorado on there, so I assume
that's the same thing.
Speaker 7 (01:58:31):
It may be the Attorney general. Do you know if
there were a lot of victims.
Speaker 4 (01:58:37):
There was.
Speaker 19 (01:58:38):
I know there was one other victim before I came along,
but that didn't come up in the discussion.
Speaker 7 (01:58:45):
So you were at the hearing.
Speaker 19 (01:58:48):
At the restitution hearing, is okay.
Speaker 6 (01:58:51):
So contact that judge or the district attorney and they'll
give you all the details you need. On reimbursement, it
happened to me once where somebody was ordered and then
they send checks and if they don't, you contact the
courts and they put them in jail. So you don't
(01:59:12):
really need you do not need a civil judgment unless
you wanted to do go beyond the criminal institution.
Speaker 19 (01:59:20):
I don't want to go beyond that. I just want
what the judge told me I should get.
Speaker 7 (01:59:26):
What did the judge say you should get?
Speaker 1 (01:59:29):
Well?
Speaker 19 (01:59:30):
I had it's nine two hundred. He got a little bit,
and I got the bulk of it. But I just
don't know the details. And that's why I was called who.
Speaker 7 (01:59:38):
Got a little bit and you got the bulk of it?
Speaker 9 (01:59:40):
Who got a lill mount?
Speaker 26 (01:59:41):
Was ten?
Speaker 24 (01:59:41):
Nine?
Speaker 19 (01:59:43):
Then the judge said, okay, Darryl, you can have the
half month's rent for finding the tenant and six hundred.
Speaker 7 (01:59:51):
Oh, I get it, got it? I get it. So
he he said, I'll subtract what your fees would have been.
Speaker 6 (01:59:58):
Got it?
Speaker 7 (01:59:59):
Did he say how much he has to pay that?
And how.
Speaker 19 (02:00:04):
No, that's actually why I'm calling you. I know, I'm always.
Speaker 6 (02:00:10):
Okay, normally listen carefully. Normally they they set out a
payment plan.
Speaker 26 (02:00:16):
Yep.
Speaker 7 (02:00:17):
You may want to take that judgment.
Speaker 6 (02:00:21):
And get you may want to take that court ruling
and get what's called the transcriptive judgment. Okay, And that
would mean then you could go go for clothes on
stuff he owns.
Speaker 7 (02:00:35):
Does he own a home?
Speaker 19 (02:00:36):
That's a little beyond me, I think, But Sally.
Speaker 7 (02:00:40):
Sometimes you got to hire an attorney.
Speaker 9 (02:00:42):
Yep.
Speaker 7 (02:00:43):
So I suggest you start with Frank Ball B A L. L.
Frank Ball.
Speaker 6 (02:00:55):
Is a collection attorney, a really good I don't know
if he can take your case or not. He has
a lot of regular clients, but he might have a
reference for you, or he might add fees. It depends
on what this restitution order is all about.
Speaker 19 (02:01:14):
So I really need to see that transcriptive judgment that
you mentioned before.
Speaker 7 (02:01:18):
I guah, yes, or or or the court order for restitution.
Speaker 6 (02:01:24):
You need to get that in your hands and then
ask Frank about collecting on it.
Speaker 7 (02:01:30):
Okay, he may have some ideas on how to collect
on it.
Speaker 4 (02:01:36):
Well.
Speaker 19 (02:01:36):
And maybe the first payment isn't due for three months.
Speaker 7 (02:01:39):
I don't know, Maybe that's right.
Speaker 6 (02:01:41):
That's why you need to get the details from the
court and when and if you can't. If you can't,
you call me back because I got a record of
your call. I brought it right up and we will
revisit this.
Speaker 19 (02:01:52):
I'm astounded.
Speaker 6 (02:01:54):
Yeah, well, I really do keep records of people who
call because we want to help them. So thank you
for calling back and letting a snow where you stand.
Three oh three seven one three talks seven one three
A two five five more coming right up, 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
(02:02:17):
an insurance check up free, no obligation. In comparison, call
Compass Insurance paying too much your coverage at dozens of
insurance companies find out Now three oh three seven seven
to one help. You'll think you're his only customer when
you choose Frank durand the real estate Man dot com
to list your home with Remax Alliance three oh three
nine two zero sixteen twenty two. Tom Martine here three
(02:02:41):
oh three seven one three talks seven one three eight
two five five. By the way, Killing Park is law
KP dot com Killing Park for estate planning and wills.
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Speaker 7 (02:03:23):
Now let's talk people.
Speaker 6 (02:03:26):
Let's go back to Okay, it's at lara'stern, Lara an
issue on banking.
Speaker 7 (02:03:30):
What's going on?
Speaker 22 (02:03:31):
Lara?
Speaker 25 (02:03:34):
Yes, Hi, I married my husband is a second marriage
for both of us three years ago, okay. And she
claims bankruptcy nine years ago okay, prior to when we
were married and prior to when we coming go.
Speaker 7 (02:03:51):
Sounds right.
Speaker 25 (02:03:53):
We found out today, like the bank didn't even call us.
It was a check he wrote for a used car
to a young woman who had blown up her engine.
She tried to cast the check and the and the
bank said that the that the bank accounts were frozen.
Speaker 6 (02:04:11):
Wait a minute, Wait a minute, this check that he wrote,
When did he write this check?
Speaker 25 (02:04:17):
Oh, probably two weeks ago?
Speaker 7 (02:04:20):
And and was it a legit check? He did write
this check, Yes, you did.
Speaker 25 (02:04:24):
We bought a used vehicle from a young lady down
the road. And so what I'm saying by that is
that a bank didn't call us to tell us that
it was frozen. We had to find out because they
didn't honor a check that why was you why was
your bank account frozen while they're saying that it was
frozen because of a disbankruptcy nine years ago.
Speaker 7 (02:04:49):
Why though, that doesn't make sense. Was the bankruptcy discharged?
Speaker 6 (02:04:54):
Yes, that means by the way, for those listening, discharged
means good, it was all on, all the debts went away.
Speaker 7 (02:05:02):
Dismissed would not be good.
Speaker 6 (02:05:03):
Okay, So the bankruptcy was discharged how long ago?
Speaker 25 (02:05:08):
Nine years ago?
Speaker 7 (02:05:10):
And nine wow?
Speaker 25 (02:05:12):
And he's had accounts with the same bank, it's that
credit Union, same bank since that time. And then we
opened a joint EXE.
Speaker 6 (02:05:20):
So are are you saying right now you could not
get your money out of that account?
Speaker 26 (02:05:25):
No, no, we can't.
Speaker 25 (02:05:27):
We can't use those accounts at all, which includes my
money from the sale.
Speaker 19 (02:05:31):
Of my home.
Speaker 6 (02:05:32):
Okay, hold on, something something is wrong. Why something obviously
got screwed up. I mean, I can't even imagine why
a nine year old case is coming back to haunt you.
Speaker 25 (02:05:47):
I don't know either.
Speaker 19 (02:05:48):
We haven't.
Speaker 25 (02:05:49):
We're going down there. They said that they can't do
anything over the phone, so we're going down there today.
Speaker 6 (02:05:54):
But I just want to know what my like, Okay, right,
I mean, here's what we're gonna do. Here's what we're
going to do. We're going to get Mike Wink. Let's
try to get Mike Wink on right now, Kachina if
we can, Okay from the Wink Law firm. He does bankruptcy.
He's our bankruptcy expert, Kaschina. Let's try to do that
(02:06:15):
before the end of the show for her. Hold on,
all right, Lara, We'll try to get someone on to
answer for you. Three oh three seven one three eight
two five five Mike, what's going on with you?
Speaker 11 (02:06:23):
Hello, Mike, Hi Tom, Thank you for taking my call.
I had a couple of things that I wanted to
point out to your listeners. Yes, I have recently gone
online and ordered two mattresses from two separate companies for delivery.
Speaker 7 (02:06:43):
Yeah.
Speaker 11 (02:06:44):
And when I talked to those companies, I asked them
to provide proof of liability insurance so that I know
they were covered when they came into my house to
deliver the mattresses.
Speaker 7 (02:06:57):
Huh, that's weird. I would have not asked for that,
but go ahead.
Speaker 11 (02:07:00):
Well, those are the manufacturers the mattresses, so I generally
asked for proof of liability if somebody comes on my
roof or Okay, well that's good.
Speaker 7 (02:07:11):
No, that's a good practice. So what happened?
Speaker 11 (02:07:13):
So both of them said, no problem. One one mattress
was a different manufacturer, the other was another, And so
they sent me their proof of insurance.
Speaker 6 (02:07:24):
Now did you ask for proof of insurance specifically for
deliveries or just proof of insurance.
Speaker 11 (02:07:31):
Well, that's what I'm getting to. I said, I need liability.
I told them both, and I had it in writing
and emails. I said, I need your liability insurance for
when you deliver the mattress into my home. Both of
them said, no problem, we got it, we'll happy it.
We'll be happy to send it to you. I said,
(02:07:51):
I need to see or they actually said, our delivery
people will have it with them. I said, no, no,
I need to be able to look at it and
call the insurer to make sure it is valid and
it is correct. And they said, oh, that's no problem.
So they forwarded me those two insurance. They did not however,
(02:08:15):
they didn't cover from the driveway into the house. They
all all of these delivered, not all of them. These
two specific mattress companies, very large ones online said we
use third party subcontractors to actually bring it into your home.
(02:08:37):
We cover liability to the driveway. I said, well, that
isn't what I had.
Speaker 6 (02:08:42):
But hold on, I'm getting I'm getting tied up here.
When you ask for liability for deliveries, they said, we
only have liability to your driveway.
Speaker 11 (02:08:54):
Well, so I was assuming that they took responsibility to
deliver we're into my bedroom because I asked for a
takeaway and delivery of the mattress into my house.
Speaker 7 (02:09:07):
Got it.
Speaker 11 (02:09:08):
I was told yes, that's not a problem. I said, okay,
send me the proof of insurance. Okay, you're covered for that.
And they did, and I said, okay, but it doesn't show.
They said, here's I said, who's delivering it? They gave
me the name of the delivery company, which was a
subcontractor that they had asked to deliver it. I said, well,
(02:09:33):
I don't see the subcontractor under your liability insurance. Oh well,
we don't do that. They have to give you. I said, whoa, wha,
wha Wait a minute, that's you. I contracted with you
to bring the mattress into my house, and that you
said that you would cover that. Your liability insurance covers that.
(02:09:56):
Now you're telling me it doesn't. Now the point I'm
making tom is I think the listeners need to understand
that many of these folks that deliver things to your
house are actually subcontractors from major manufacturers. For instance, By
way of example, let's take Excel Roofing. I'm assuming that
(02:10:19):
Excel Roofing doesn't use subcontractors to put roofs on the house.
Speaker 7 (02:10:24):
Yes they do, Yes they do.
Speaker 11 (02:10:26):
Subcontractors are covered under Excel's liability insurance or those subcontractors
have liability insurance insurance themselves. Okay, so that's the same
situation I encountered when I asked for these online mattresses.
I was shocked. Most of those manufacturers only cover liability
(02:10:51):
up to the driveway.
Speaker 6 (02:10:53):
I get it, I get it. But what liability would
there be up to the driveway anyway?
Speaker 11 (02:10:58):
Well, there's no liability driveway. The liability is what damage
they do to my house when right, So.
Speaker 7 (02:11:04):
What you're saying, I understand what you're saying.
Speaker 6 (02:11:07):
You're saying that when a third party delivers to your
home that unless they're covered under the company's own insurance,
they have to have their own unless they're covered under
the manufacturers. I get what you're saying. So did you
call the delivery company to see if they have liability.
Speaker 11 (02:11:25):
Yes, I did because I have a lot of artwork
in my home.
Speaker 7 (02:11:29):
No, I get it, and did did the delivery company
have liability?
Speaker 11 (02:11:33):
So if you damage something that you're covered. Both subcontractors
said no, we're not, and we won't produce that. We've
never had to we've done. Nobody's ever argued against that.
Speaker 7 (02:11:45):
Okay, so what you're saying.
Speaker 11 (02:11:48):
So I went back to the manufacturer and said, cancel
the order. You told me.
Speaker 9 (02:11:54):
Stop.
Speaker 11 (02:11:55):
You told me what I bought was a delivery to
my home that you provide I did for people to
come get it and put it in. That onus is
on you.
Speaker 6 (02:12:09):
So right now they I don't what are you going
to do for any delivery because I doubt you're going
to find many of.
Speaker 11 (02:12:18):
Them we do, whether it's somebody that's paying my house
or a roofer. I'm going to ask to see that.
I'm going to as I told them, I said, well,
I'm canceling the order. They said, well. One of the
mattress company said, well, we'll be happy to send you
back the money for our service to take your to
bring your mattress in and take it away. And I
(02:12:38):
said no, no, no, you contracted to deliver the mattress
to my bedroom. I said, I'm not paying for the mattress. Yes,
you can take it away.
Speaker 13 (02:12:50):
I e.
Speaker 11 (02:12:50):
The two hundred dollars charge for the delivery into my
house and the takeaway. But then you're going to charge me.
I'm going to have to pay for the mats. They said,
that's correct. I said, wrong answer. I'll cancel it on
my credit card. That's not what you contract.
Speaker 7 (02:13:08):
You do understand your homeowners would cover them.
Speaker 11 (02:13:11):
Right well, I do understand that, but that's not the point.
Speaker 7 (02:13:16):
Okay, Well, then you live with your decision.
Speaker 11 (02:13:20):
That's when they contract to do something.
Speaker 7 (02:13:22):
I'm not saying.
Speaker 6 (02:13:23):
Listen, I understand what you're saying. When they contract to
do something. They contracted to deliver to your bedroom. I
get it if they didn't have the insurance you want.
I also get your right to cancel. So everyone agrees, Right.
Speaker 11 (02:13:37):
Well, I accept that this is what you contractually obligated
yourself to. If your delivery personnel are not able to
provide that, and you tell me that you have provided that,
you the manufacturer are telling me that they're covered, and
I see your policy that isn't This is being disingenuous.
Speaker 7 (02:13:59):
But here's what I think. I think if you had
if there ever was damages, it doesn't matter if they're
insured or not, they would be liable. And if it
was a lot, I think you could. I think you
could go to the manufacturer.
Speaker 6 (02:14:14):
You never signed a separate contract with the delivery company,
so I think even though they don't have insurance, hold on.
Speaker 7 (02:14:24):
Not having insurance does not take away liability.
Speaker 6 (02:14:30):
Okay, it doesn't take away liability, just like having insurance
doesn't prove liability.
Speaker 7 (02:14:38):
We got more coming up.
Speaker 6 (02:14:41):
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 an insurance checkup free, no obligation. In comparison,
call Compass Insurance paying too much your coverage at dozens
of insurance companies find out now three three seven to
seven to one.
Speaker 7 (02:15:01):
Help.
Speaker 6 (02:15:01):
You'll think you're his only customer when you choose Frank
durand the real estate Man dot com to list your
home with Remax Alliance three oh three nine two zero
sixteen twenty two. Hi Tom Martino, you're a troubleshooter. Okay,
let's go right to Mike wink. Mike, Listen, why would
(02:15:22):
this woman married a guy who had a bankruptcy discharged
nine years ago? And just recently their joint bank account
was frozen and they were told the bank told them
on the phone it was due to their bankruptcy.
Speaker 7 (02:15:39):
Now, what's that? What could possibly come up that would
cause that?
Speaker 13 (02:15:44):
Boy?
Speaker 11 (02:15:46):
I don't know.
Speaker 15 (02:15:46):
Nine years you said, yeah.
Speaker 6 (02:15:48):
Nine years ago it was discharged. She wasn't even married
to him. Now their joint account, their joint count is
locked up.
Speaker 7 (02:16:00):
Can can what does she do?
Speaker 13 (02:16:03):
I'm curious. I'll definitely jump on that and see if
we can.
Speaker 6 (02:16:05):
Okay, here, here's what we're gonna do. I want to
get her back on in the morning so we don't
run out of time. Right now, Lara, we're gonna ask
Mike to look into this and just see why this
would happen. Meanwhile, Kaschina, you might want to give her
Mike's number right now. I'm Tom Martina. Don't forget three
zero three Martino
The Troubleshooter News
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