The Troubleshooter 11-21-24

Episode Transcript
Available transcripts are automatically generated. Complete accuracy is not guaranteed.
Speaker 1 (00:00):
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(00:22):
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Speaker 3 (01:00):
What's up, everybody, My name is Sammy John tune in
every weekday morning at nine am Pacific Standard time.

Speaker 4 (01:07):
And hear my show called The Bridge.

Speaker 3 (01:10):
And what I do every weekday morning is I bring
you the best of South Asian music and culture from
around the world, and that includes some of the most
exclusive access to the South Asian music industry. I'll bring
you world premieres, and I'll bring you exclusive interviews only
on Ruckus Avenue Radio.

Speaker 5 (01:30):
And off Real Dough.

Speaker 6 (01:37):
News.

Speaker 4 (01:39):
You need advisas we can.

Speaker 5 (01:46):
Shooter's guna Hilp.

Speaker 7 (01:48):
Come, this is the Troubleshooter Show. Now, Tom Martine.

Speaker 5 (01:55):
Hey, I'm John Martino and I welcome you to the show.
If you're streaming the show, wellcome, of course. Our radio
audience welcome to of course. But I wanted to mention
if you're streaming and you see that good looking guy
at the right of me, that's Brad O'Brien O'Brien Legal Services.
He's an attorney at law that does real estate law.

(02:15):
And we were talking before the show how the pendulum
is swinging toward tenants rights. You know, when I first
came to this state, one of my most frustrating calls
was from a tenant. They were so upset, and I
would just say tough, we can't make a landlord do anything.
In fact, health departments back in the day wouldn't even

(02:38):
make landlords do anything. The most they would do with
a really egregious situation is they would make something.

Speaker 8 (02:48):
Condemned right so you couldn't rent it.

Speaker 5 (02:51):
And here's the deal, Brad O'Brien and I were talking
about this now there was a need for tenants rights.
So now I get calls from landlords who are frustrated
and upset saying they're losing their rights. Somewhere in the middle,
there's got to be an answer, Brad O'Brien there. I

(03:13):
think we were long overdue as a state in general
for tenants rights.

Speaker 8 (03:17):
But I don't like some of them. I don't like
some of the laws.

Speaker 5 (03:20):
This just cause the one I get the most email
about right now. And you've been helping landlords as part
of your deal. You help everybody. You help consumers who
are going to closings and they want to look at
their finances, their financial paperwork, if it's let's say, sell
our owner carry or they're doing a partnership with someone
on a fix and flip, or they're just wanting you

(03:43):
to go over closing docs, review ease men's recorded easemans, whatever.
But when it comes to landlords, why is there so
much concern over the just cause clause? Now, let me
explain what that is. They and tell me if I'm
doing it correctly. It used to be a lease was

(04:04):
a lease was a lease, and you ended it when
it was over, or you evicted if they violated it.
You can still evict if they violate, but upon renewal,
you can't just ask them to leave, even if it's
a month to month, even if it's a year to year.
I think you have to renew it unless you have

(04:25):
just cause. Is that an accurate summery or not?

Speaker 9 (04:29):
Yes, because if the landlord tenant changes this year. Now,
a landlord cannot refuse to renew a tenant unless they
have one of these reasons like they want to sell
the house, or they want to convert it from when
used to a different kind of use, or they want
to do a major rehab or there are some other
exceptions like if the tenant was late like three times, okay, then.

Speaker 5 (04:48):
So it is it is. Basically it can be a
perennial lease. I mean it can. Why even bother putting
a term on it anymore? Why even call it a
one year?

Speaker 9 (04:59):
Well, this is all about tenants rights, right, and this
is to give them some security that they can't just
lose their house if the land the landlord you know,
on their own whim, decides not to renew their year
to your lease.

Speaker 5 (05:13):
All right, So what are some of the just causes? Okay,
let's i'd rather ask this. Can I just get rid
of a tenant that I don't like, literally don't like.
I don't like them, they complain a lot, they didn't
violate anything I don't like them.

Speaker 9 (05:29):
Well, this just caused requirement only applies if for tenants
who have been there for a year or longer.

Speaker 10 (05:36):
So if you don't like a tenant, you don't.

Speaker 9 (05:38):
Want to renew them, but they've been there for less
than a year, then the landlord has the right to
not renew them.

Speaker 8 (05:42):
Now, once they've been there a year longer.

Speaker 10 (05:44):
Then then the tenant has rights to continue.

Speaker 9 (05:48):
Leasing unless the landlord comes up with a reason like
they want to sell, or they want to have a
family member move back in, or they want to rehab.

Speaker 8 (05:56):
So it's not that restrictive.

Speaker 9 (06:00):
Lana has to actually want to do and follow through
with these things. If they say they're going to do
a rehab and they don't do the rehab, then that
gets them in trouble.

Speaker 5 (06:08):
Okay, Brad O'Brien, O'Brien Legal Services olslaw dot com. By
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Now let's talk about Michelle's problem. She's got two thousand
and nine ford a scope.

Speaker 8 (07:03):
As they used to say in Nemo.

Speaker 5 (07:05):
Ever since I saw that movie, I can't I always say,
I mean, it gets old. Hey, Michelle, what's going on
with your two thousand and nine?

Speaker 8 (07:12):
Ford?

Speaker 11 (07:14):
Good morning? I took my card to this repair man
that's in Lafayette, the Diagnostic Solutions place, and you took your.

Speaker 8 (07:23):
Two thousand your two thousand and nine, right.

Speaker 11 (07:27):
Right?

Speaker 8 (07:28):
Okay, So what's going on with it?

Speaker 11 (07:31):
I took it in October fourteenth, and about a week
he told me something really bad happened. I demanded to
see it. It looks like he had it all and
I just brought it in for a coils and sparkloves.

Speaker 5 (07:44):
And where'd you take it again? The name of the.

Speaker 11 (07:46):
Place, It's called Automotive Diagnostics Solutions.

Speaker 5 (07:52):
All right?

Speaker 8 (07:52):
And do they do repairs too or just diagnostics?

Speaker 12 (07:57):
Shoot, I don't know.

Speaker 8 (07:59):
I mean, we're words. It just it's a weird name.

Speaker 5 (08:02):
But I like it on Automotive Diagnostic Solutions. It makes
it sound like they'll find the problem, but they also
do repairs, right, I'm guess, okay, yeah, okay, Well, so
it was just an aside note because there are places
that used to do just diagnosis, and I think I
think they're sorely needed.

Speaker 8 (08:20):
But anyway, so.

Speaker 5 (08:21):
This place, this two thousand and nine fidoscopy A Ford
escape said, they said, you got something happened. Do they
mean something happened at the shop?

Speaker 11 (08:30):
I assumed yes, And he wouldn't really tell me what
it was. And I immediately came down to the shop
and looked at I kind of pushed my wins. I
want to see my car, demand to see it. And
they had it completely taken apart, all the way down
to the timing chain.

Speaker 5 (08:47):
Well, what the hell does that mean? What did they do?
You took your car in for a coil? They call
and say, by the way, Michelle, something terrible happened. I mean,
that's weird. And they had it they did? They have
the engine out or just all apart?

Speaker 6 (09:04):
All apart?

Speaker 11 (09:05):
And I knew enough to know that it was down
to the timing chain.

Speaker 5 (09:08):
And I did they admit it was their problem? When
they said something terrible happened? Did they say we did
something terrible? What did they mean?

Speaker 11 (09:16):
They wouldn't tell me? Oh my god, Yes, that's what
I thought.

Speaker 5 (09:24):
Okay, So where does it stand? This was back in October.
Where does it stand right now?

Speaker 11 (09:31):
Or stands?

Speaker 13 (09:32):
Is?

Speaker 11 (09:32):
They gave me a rental car and I've been using it,
and then today I'm told that they haven't been paying
on this rental since the first of November, so now
I have to return it without and I don't have
a car to drive.

Speaker 5 (09:46):
And you probably signed. You probably signed and are responsible
for it.

Speaker 11 (09:51):
I didn't sign anything. I guess I have to bring
it in. I have to release it back to them.

Speaker 14 (09:57):
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Speaker 1 (10:58):
If you put aside twenty five every week for a year,
what could you get at the end A few cups
of coffee, maybe a candle, or you could get a
year of the best reporting from all over the world.
Go to Washingtonpost dot com slash BF twenty four right now.
You'll get a Washington Post subscription for twenty five cents

(11:18):
a week for your first year. This is a Black
Friday sale, so it won't last long. Washingtonpost dot com
slash BF twenty four.

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Speaker 3 (11:59):
What's up, everybody? My name is Sammy John. Tune in
every weekday morning at nine am Pacific Standard time and
hear my show called The Bridge. And what I do
every weekday morning is I bring you the best of
South Asian music and culture from around the world, and
that includes some of the most exclusive access to the

(12:19):
South Asian music industry. I'll bring you world premieres and
I'll bring you exclusive interviews only on Ruckus Avenue Radio.

Speaker 15 (12:28):
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Speaker 5 (12:57):
Today, I'm my dime.

Speaker 6 (12:59):
I made sure that good.

Speaker 5 (13:02):
Yeah, And I asked you something, can I asked you something.

Speaker 8 (13:07):
What's the last thing you heard from them?

Speaker 5 (13:09):
When you said, hey, the rentals not being paid for,
my car's still not done.

Speaker 8 (13:14):
What do they say?

Speaker 11 (13:18):
I had my brother handle that part of it, because
they don't. They're not straight with me. They're not going
to be straight with him neither.

Speaker 5 (13:24):
They What was the last word? What was the last word?
From Automotive Diagnostic Solutions? By the way, where are they?

Speaker 11 (13:31):
They're in Lafaiette, They're on baseline. I've got a phone
number if you need it, but they I will.

Speaker 5 (13:38):
In a minute on baseline in Lafayette. Okay.

Speaker 11 (13:42):
Yeah, And this engine supposedly they put a new engine
and it didn't work.

Speaker 5 (13:48):
Way wait wait wait, way, way way wait wait you
buried the lead. They put a new engine in it. Yeah,
so they blew your engine, I guess so, and put
a new engine in.

Speaker 8 (14:00):
How many miles did you have?

Speaker 11 (14:02):
I had one hundred and sixty.

Speaker 5 (14:06):
Oh that's good.

Speaker 8 (14:07):
That's good.

Speaker 5 (14:08):
So they bought a did they put they did they
put a used engine in it? Yes? Was it used
or rebuilt? It probably was used. They don't owe you
a new one. But if they blew a one hundred
and sixty thousand mile engine. I'm actually shocked. They stepped
up and they witness said, well, it was on its
last leg anyway, but they put a used engine in it.

(14:31):
What's that they said?

Speaker 17 (14:32):
They did it?

Speaker 5 (14:34):
Okay, well that's pretty good. What do you want us
to do right now?

Speaker 11 (14:38):
What I want is since they're not allowing me to
take my car, okay, why And I'm thinking I'm going
to probably have enough to get a court order to
get my car.

Speaker 5 (14:51):
Why don't they let you take your car?

Speaker 8 (14:53):
I'm confused.

Speaker 11 (14:55):
Me too.

Speaker 5 (14:56):
Why what reason did they give a They just said
you can't have your car. Okay, hold on, she obviously
doesn't know. Hold on, just hold on. Okay, who's up today?

Speaker 12 (15:13):
I can call over.

Speaker 18 (15:14):
There Tom and find out why they don't give her
her damn car back.

Speaker 5 (15:17):
Yeah, Bo, thank you?

Speaker 6 (15:19):
Bo?

Speaker 5 (15:19):
Chiming in?

Speaker 19 (15:20):
Bo?

Speaker 8 (15:20):
Who's in? Who's in the studio with you?

Speaker 11 (15:22):
Bo?

Speaker 12 (15:23):
I'm here, I thank you. I'm here also, Tom.

Speaker 8 (15:25):
Okay, I got your text here.

Speaker 5 (15:26):
Thanks. So Doc and Bo holding down the fort by
the way, Mark is connected, but he's working on some
behind the scenes stuff for the company for us, and uh,
he'll be chiming in from time to time. And then
we have Deputy d here of course, along with olslaw
dot com. That's Brad O'Brien. Uh, we're gonna take a
quick break. I'm Tom Martino. Three oh three seven one

(15:47):
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Hi Tom Martino, you're troubleshooter three O three seven one

(16:33):
three talks seven one three eight two five five.

Speaker 8 (16:37):
So I want to.

Speaker 5 (16:39):
Uh give this to uh a bo and have him
call and then we'll come back and revisit A. Michelle
Myra has an issue with overheating. Why goodness, this sounds
like carda Today twenty seventeen fourd Escape two escapes one day,
Hey Myra, what's happening?

Speaker 6 (17:01):
Hi?

Speaker 20 (17:01):
Thank you for taking my call. I am calling because
I am having some issues with a dealership.

Speaker 11 (17:10):
Oh and I just purchased a.

Speaker 20 (17:12):
Card from them back on September twenty eighth.

Speaker 8 (17:16):
Now, is this when.

Speaker 5 (17:17):
You bought the Escape?

Speaker 20 (17:22):
Yes, on the twenty eighth is when I bought the Escape.

Speaker 5 (17:24):
And it's a used obviously, I used twenty seventeen Ford
And tell me about how many miles were on it?

Speaker 20 (17:35):
About one hundred and fifty.

Speaker 5 (17:37):
Okay. Now, I often say this, it's not if you're
going to have problems. You absolutely will have problems with
a used car. With more than one hundred thousand miles,
you will have problems, and with one hundred and fifty
they're going to be more significant. And if you buy

(17:58):
anything with one hundred and eighty, you're more you're going
to have major problems. So it's not unusual to have problems,
I guess, unless it was represented in another way. So
we're going to explore this. My first question, did you
buy it as is?

Speaker 20 (18:17):
Well? It has a two year warranty?

Speaker 6 (18:20):
Oh?

Speaker 5 (18:20):
Okay, now did you buy that warranty?

Speaker 20 (18:24):
No, it came with the car.

Speaker 8 (18:25):
Okay, let's talk about it. Go ahead with your story.

Speaker 20 (18:29):
Yeah, so I bought it on twenty eighth. They're located
in Thortan and from Sortin pretty much driving it off
the lot to Firestone. Not even an hour later, it
started overheating and all of the ENA freeze from the bottom,
you know it, all, it all came out, and I

(18:50):
popped the hood. I went to check the ANA freeze
and noticed that there was like some weird kind of
look like gum like inside like the radiator UNA freeze.
Cool it with the reservoir and I let the salesman
know right away. Hey, you know the car's overflown or
overheating and is gummed up?

Speaker 5 (19:10):
Right? Yeah?

Speaker 20 (19:12):
Yes, so what happened photos I sent it? He sent
it to him. He told me, Hey, the next day
he said, you know what, bring the car back to
the shop. I actually live in Loanngmont, so I was
not able to take the car.

Speaker 8 (19:25):
Where did you buy it from?

Speaker 5 (19:26):
What's my name of the place you bought it from?

Speaker 20 (19:29):
Skyline?

Speaker 5 (19:29):
Miss Sabishi Skyline? Where's that located?

Speaker 20 (19:34):
I'm sortant? Okay, go ahead, yeah, so he said bring
it to the shop. I took it to the shop
on October second, and they said that the and A
freeze container thing or whatnot. The reservoir had a crack
in it, so they replaced it. Then on October eighth,

(19:55):
they said, hey, come get your car. I went to
go get it. The next day it's overheating again, and
this time it was worse like it was. You know,
I wasn't getting enough power in the car, just which
I really slow.

Speaker 5 (20:07):
What kind of warranty was this? Can you tell me
about your warranty?

Speaker 20 (20:12):
You know, I'm not quite sure on that.

Speaker 8 (20:16):
Well, you have it, don't you have the warranty?

Speaker 20 (20:18):
Warranty?

Speaker 5 (20:18):
You were given a warranty right or where was it
mentioned you had a warranty?

Speaker 20 (20:24):
It was mentioned when we when they presented the car,
they said that I had a too year warranty.

Speaker 5 (20:29):
That's why I said, all hold on, Myra, Do you
have anything in writing that says you have a to
your warranty?

Speaker 20 (20:38):
Yes? I do, because I'm actually working with the warranty
company as well.

Speaker 8 (20:42):
Right now, okay, what's the name of the warranty company?

Speaker 20 (20:46):
You know I don't have that right now?

Speaker 5 (20:49):
That's okay, okay, Well are they giving you usually? Let
me just explain something right up front and see if
you're going to have this trouble. Usually when you buy
or it's included any kind of a used car warranty,
whether you buy it or not, you know, they usually
exclude all all pre existing conditions, and they usually exclude

(21:12):
anything caused by a lack of maintenance or abuse. So
what this sounds like to me is a lack of maintenance,
not abuse, but a lack of maintenance and pre exactive.

Speaker 14 (21:27):
Black Friday is coming, And for the adults in your
life who love the coolest toys, well there's something for
them this year too. Bartisian is the premiere craft cocktail
maker that automatically makes more than sixty seasonal and classic
cocktails each and out of thirty seconds at the push
of a button. And right now, Bartisian is having a
huge sight wide sale. You can get one hundred dollars

(21:48):
off any cocktail maker or cocktail maker bundle when you
spend four hundred dollars or more. So, if the cocktail
lover in your life has been good this year or
the right kind of bad, get them Bartisian, at the
push of a button, make bar quality Cosmopolitans, Martini's, Manhattan's,
and more, all in just thirty seconds, all for ae

(22:10):
hundred off Amazing Toys.

Speaker 5 (22:12):
I't just put the kids.

Speaker 14 (22:14):
Get one hundred off of cocktail Maker when you spend
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Finding the right news podcast can feel like dating. It
seems promising until you start listening.

Speaker 22 (22:32):
When you hit play on Post Reports, you'll get fascinating
conversations and sometimes a little fun too. I'm Martine Powers.

Speaker 21 (22:40):
And I'm ala Heye Azati. Martin and I are the
hosts of Post Reports. The show comes out every weekday
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Speaker 3 (23:27):
What's up, Everybody, My name is Sammy John. Tune in

(23:47):

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Speaker 5 (24:26):
Fisting? And I'm surprised they haven't told you to pound
salt yet. What have they told you?

Speaker 20 (24:33):
So they tell me, you know, bring the car back.
They honestly have had it since October seventeenth.

Speaker 8 (24:41):
The dealership Skyline has had it.

Speaker 20 (24:44):
Yeah, okay, yep.

Speaker 5 (24:45):
Well at least they're okay, at least they're trying, right,
So dealer has had the car since October twenty six.

Speaker 20 (24:54):
Well, they're not really trying. The warranty company reached out
to me today and they told me that the Skylie
Musubushi is not cooperating. They don't want to tear down
the car for them to show the failed components of
the engine for it to get replaced, because they have
a feeling that it's going to get denied. That they've
been burned in the past before, so they don't want

(25:15):
to do this.

Speaker 8 (25:16):
So wait a minute, Wait a minute.

Speaker 5 (25:18):
So the warranty company will not cover it because they
need to inspect it, and the dealer won't let them
inspect it.

Speaker 20 (25:27):
Exactly why, I don't know. They said that.

Speaker 18 (25:33):
They well, you.

Speaker 5 (25:34):
Shouldn't have to get involved, but you shouldn't have to
get involved in this fight between Skyline and the warranty company. Yeah,
I mean, so hold on a secont just so you know,
and you're not gonna like this. If you buy a
used car, it doesn't matter if it's an hour later
or six months later. If it's under a warranty, the

(25:59):
warrant company can ask for evidence. Okay, so the warranty
company's in the right. Now here's something you're not going
to like to hear. Who do you think has to
pay to tear it apart and look at it? Who
do you think me? That's right?

Speaker 8 (26:18):
Did you tell Skyline?

Speaker 5 (26:20):
Hey, listen, the warranty company needs to inspect it.

Speaker 8 (26:25):
I'm willing to pay for it.

Speaker 20 (26:31):
No, because I don't have the funds to pay for it.

Speaker 8 (26:33):
Okay, now that's the problem. Does the deal?

Speaker 5 (26:38):
Is that why the dealer isn't cooperating because they say, listen,
did they ever say to you, Mara, are you going
to pay for the inspection? Did they? And then if
it turns out to be a warranty, of course you're
not going to pay it. But if it turns out
to be something else, you are going to pay it.
Did they ever present that to you in any way? Yeah?

Speaker 20 (27:00):
They said, Okay, then normally they would have to be
like a tear down price.

Speaker 5 (27:05):
Okay. And how much did they get?

Speaker 8 (27:07):
How much do they quote?

Speaker 6 (27:08):
You?

Speaker 20 (27:08):
Mayra one hundred and fifty dollars an hour and max
is like five hours.

Speaker 5 (27:19):
Okay, So you understand that's a little different than what
the warranty company told you. It's not that the dealer
isn't cooperating, it's that you're not paying for the inspection.
And this is the problem you bought and I understand
your reasoning.

Speaker 8 (27:35):
Let me let me sum it up before you.

Speaker 5 (27:36):
Even have to say it. Wait a minute, Tom, I
bought a carn within an hour starts overheating, and now
I have to pay to have an inspection done.

Speaker 8 (27:45):
You know, I know, and that's unfortunate.

Speaker 5 (27:48):
What you should have done is had the car checked
out completely before and then it would have helped. It
wouldn't have maybe guaranteed it, but it would have helped.
So right, your car has been there for that long.
Have you paid for your car? Yep?

Speaker 20 (28:06):
I'm about to make my second car payment.

Speaker 8 (28:08):
Okay? How much did the car? How much did you
put down on the car?

Speaker 5 (28:14):
And you made one so you put two thousand down
and made one payment.

Speaker 20 (28:20):
And I'm about to make the second one next week.

Speaker 5 (28:23):
But it's not even running. It's not you know, this
could be a major problem, could be a minor problem.

Speaker 8 (28:31):
How bad is the engine? Do they say the engine's blown?

Speaker 20 (28:37):
The dealer the shop told me that they consider it
as you know, it needs to be replaced, that's all
they told me, and the warranties like we were trying
to confirm that, but they won't. They won't tear down
the well.

Speaker 8 (28:50):
You need to tear it down.

Speaker 5 (28:52):
Myra. That's the problem, you know. And really you agreed
to it, whether you like it or not. I'll bet
you I can find where you agreed to it in
the warranty. See, this whole thing was not done correctly.
Did you have any help buying this car? Is this
the first time you bought a car?

Speaker 19 (29:10):
Yeah?

Speaker 20 (29:10):
Pretty much on my own? Yes?

Speaker 5 (29:12):
Okay? How much did you pay for it? I mean
what's the purchase?

Speaker 20 (29:18):
I think it was like ten or eleven grand.

Speaker 5 (29:23):
Okay, all right, listen, I'm gonna have Deputy d call
over there and try to cut you a break. My god.
I mean, if it's under warranty, you know, I'm hoping
you have a warranty. I mean, technically, you don't have
anything in your hands. What if itsubitius is Oh, by
the way, we don't really have a warranty, and the

(29:49):
warranty company says there's no warranty here. I mean, how
would you even prove it? Is it written anywhere? Anywhere?
Does it?

Speaker 20 (29:56):
Yeah, they gave me like a flash drive.

Speaker 5 (29:59):
Excellent, excellent, excellent, excellent, excellent. Okay, Mayra, I'm gonna have
his We call him Deputy D. His name's Dimitri. He's
gonna be calling you today, okay, And that's our that's
our nickname for helpers here. We're going to try to
call this dealer and just try to get you a break, Like,
come on, guys, what does the warranty company need to know?

Speaker 8 (30:21):
It can't be that bad.

Speaker 5 (30:23):
Help her out, Okay, hold on real three seven one
three eight two five five.

Speaker 8 (30:31):
This sucks, ladies and gentlemen.

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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'm Tom Martino here.

Speaker 8 (31:33):
Three oh three seven ex three Talks seventy three and
eight two five five.

Speaker 5 (31:40):
All right, let's talk about your problems, questions and complaints
in anything you want. And I did get a text
about b oh I.

Speaker 8 (31:54):
That's not a new kind of body odor bo I.

Speaker 5 (31:58):
It is something that is required now by the government,
and there's hefty fines if you don't do it.

Speaker 8 (32:06):
And I haven't had many.

Speaker 5 (32:08):
Questions on it, but you know what, it's very important
we go over it now. I conducted, I didn't buy
I didn't get a professional to do it. By the way,
this was a this was a requirement from the government.
Recently Biden's administration came out with it. I don't want
to politicize it, but it was very political and it's

(32:30):
beneficial owner information on all companies. And we'll talk about that,
but right now I want to continue with this issue
with Myra. I think Mayra, we need to d is
calling the dealer, but we need to ask you if
you can to get any information you have on that
warranty for me and send it to us.

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(35:15):

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Go to TCHR dot com and stay up to date

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Speaker 15 (35:39):
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Speaker 5 (35:55):
You got that, Mara? All right?

Speaker 20 (35:58):
Where do I send it to?

Speaker 5 (36:00):
Gonna get Okay, help at troubleshooter dot com. That's our email. Okay,
all right. Now we have Brad O'Brien is with us
olslaw dot com. Let me bring him up, Okay, and
we're talking about landlord, tenant stuff and all real estate stuff.
Tracy as a question or concern. Go ahead, Tracy, Hi, Tracy,

(36:26):
call me, Hi, Tracy, what's going on?

Speaker 11 (36:30):
Hi? I'm calling regarding a tenant landlord the oh, I'm
the tenant, and it is regarding my rent. Okay, go ahead, Okay.
So I have been renting on and off from the
same people for about twelve years, and the last I

(36:53):
got a I okay, we did a three year lease.
This last one and half through the leaves, I get
notice an email from the person who's posibly their property
manager saying that I need to increase my runts And
I'm like, I have a three year lease and you

(37:15):
haven't fixed the issues that you have a.

Speaker 5 (37:17):
Three year lease.

Speaker 8 (37:19):
It's it's actually a three year lease.

Speaker 11 (37:22):
I had a three year lease. I don't have that
term has passed now.

Speaker 5 (37:27):
Okay, then when did that? Okay, I need to know
a few things, just very basic. When did that three
year lease expire?

Speaker 11 (37:34):
It expired on the thirty first of January of twenty
twenty twenty one, twenty two, twenty twenty three, twenty three four,
January thirty first, twenty twenty four.

Speaker 5 (37:48):
Okay, So you had a three year lease that reverted
it's called to a month to month to month. That
reverted to a month to month and it happened in January,
at the end of January. Okay, So then when were
you notified they were going to raise your rent?

Speaker 11 (38:06):
Well, they raised my rent in the middle of the
leaf of the.

Speaker 17 (38:11):
Three year lease.

Speaker 5 (38:12):
Well, hold on, how did they raise your rent in
the middle of a three year lease if the three
year lease did not allow it?

Speaker 11 (38:21):
Because he told me if I didn't pay the extra
amount that they wouldn't fix the HVAC system. And so
you know, I paid the extra amount every month and
I still never got the HVAC system fixed.

Speaker 8 (38:32):
Okay, I want to know something though, this is really important.

Speaker 5 (38:35):
Are you positive that you had a three year lease
with a level rent, and it was there was no
escalator clause for raising the rent in that three year lease,
there was not, okay, and.

Speaker 11 (38:48):
Then they came, but I had this full story because
this is over the last ten months, they've raised my
rent three times.

Speaker 8 (38:55):
I understand, but we're gonna we're going to outline that.
But that's why I need to know this. So you
had a three year lease that started when.

Speaker 11 (39:03):
It started, Okay, I had originally lived in the property
for seven years, and then I moved to Arizona for
two years, and then I moved back.

Speaker 5 (39:13):
That's all I care about. That's all we care about.
When did that three year lease start approximately in twenty
twenty was it?

Speaker 11 (39:21):
No, it started February one of twenty twenty one.

Speaker 5 (39:26):
Okay, February January, February of twenty twenty one. You had
a three year A three year lease started February of
twenty twenty one.

Speaker 8 (39:34):
Okay, Now, and then listen, this is important.

Speaker 5 (39:37):
When did they raise and it specified that there would
be level rent for three years?

Speaker 8 (39:44):
Yes, okay, So you.

Speaker 5 (39:45):
Would have kept the same You would have kept the
same rent for twenty two, twenty three, and twenty four,
you would still be under that three year lease.

Speaker 19 (39:56):
Huh, I would have.

Speaker 11 (39:57):
This is it went from February twenty twenty one to
they raised my rent aunt for the year of twenty
twenty three.

Speaker 5 (40:08):
They raised care Tracy, please help me out here. You
signed a lease February of twenty twenty one for how long?

Speaker 11 (40:17):
For three years?

Speaker 5 (40:19):
Okay?

Speaker 8 (40:19):
So it expired, please, Tracy. It expired on.

Speaker 11 (40:25):
January thirty first of twenty twenty four.

Speaker 5 (40:28):
That's right. You know, you're right, You're absolutely correct, that's right.
I wanted to clarify that. But they raised your rent.

Speaker 19 (40:35):
A year later or two years later earlier?

Speaker 5 (40:39):
Yeah, a year earlier, right, two years later, that's right,
that's right. And when they did that, they forced you.
They said, I don't care, you're gonna pay it because
if you don't, we're not fixing the HVAC. Yes, yes, wow, okay,
Then they raised it more. When did they raise it again?

Speaker 11 (40:59):
Then I got I got an email on January or
it was I believe October. It was just response. So
they raised my rent. So this year I paid more
than I was the first two years, So I paid
more this year. And then I get a thing on.

Speaker 5 (41:22):
October okay, hold on, we got to take a break.
Just hang on, I'll come back to you. We can
make this very simple. You had a three year lease
without authorization. They raised your rent, but you agreed to it.
I don't know what that does. We'll lask our attorney.
Two years into the three year lease, they raised the rent.
Then it reverted to month to month in January, and

(41:43):
they raised it again after that.

Speaker 6 (41:45):
Right now, three times?

Speaker 11 (41:51):
Okay, they want their wanting me to pay and even more.

Speaker 12 (41:54):
Got it more, got it?

Speaker 8 (41:56):
Hold on, we got more coming right up.

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three nine two zero sixteen twenty two.

Speaker 8 (42:40):
Hi Tom Martino, I am your troubleshooter.

Speaker 5 (42:44):
Three oh three seven one three talk three oh, three seven, one,
three eight, two five five. So we uh.

Speaker 8 (42:55):
Have this situation, Brad where her rent was raised a lot.
But I don't understand. Let's take one at a time.

Speaker 5 (43:05):
If she was in the middle, well, not in the middle,
but she was two years into a three year lease
and they raised her rent and she paid it, what
is that? Tell me how that works? Did she waive
her rights?

Speaker 9 (43:19):
It is possible that she waived her right to keep
that fixed rent for the full three years, But you know,
it's a fact based issue. And if there was something
in there where the landlord made a promise that it
was fraudulent or lacked consideration like value for that promise,
then maybe she was tricked into paying a higher rent.
Maybe she could go back and sue for that recovery

(43:40):
of that additional rent she paid.

Speaker 8 (43:41):
So let's take that one item, Tracy.

Speaker 5 (43:44):
Do you have anything in writing that says if you
pay the extra money, they'll fix the HVAC.

Speaker 17 (43:50):
No?

Speaker 11 (43:51):
I don't, because it was a phone call. I had
rented from these people for a.

Speaker 5 (43:56):
Very very I get it, and then you moved and
came back. How much extra to rent at that time?

Speaker 11 (44:02):
It was a very small amount of.

Speaker 5 (44:04):
How much, when, how much?

Speaker 11 (44:06):
When the property, how much the property manager? How much
I ended up paying an extra twenty five dollars a month?

Speaker 5 (44:13):
All right, hold on it. We'll come right back to you. Okay,
an extra twenty five then and more after that, so
we'll talk to you. God.

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Speaker 12 (47:53):
Yeah, Rift.

Speaker 5 (48:01):
Need so you don't have come running just as fast
as we can. Shooter's gonna help.

Speaker 23 (48:10):
Come man.

Speaker 7 (48:12):
This is the Troubleshooter Show. No Tom Martino, Tom Martino.

Speaker 5 (48:18):
Here, Welcome to the show. Three oh three seven one
three talk three oh three seven one three eight two
five five. Here to help you solve problems, to answer questions,
and to take complaints. This hour brought to you by
Frank durand the real Estateman dot com. If you're looking
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Speaker 8 (48:34):
What it will sell for.

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He can tell you based on today's market conditions, and
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three oh three nine two zero sixteen twenty two For Frank,
I'm Tom Martino. Been doing this show for forty five

(48:55):
years plus, been on TV and the internet REFERRALSS dot com.
What I try to do is help you in every
possible way. So give me a call. And I think
from what Tracy's telling me, I think she's been screwed.
I'm going to bring up Brad O'Brien, our real estate
attorney for today. Brad is with us, and Brad first

(49:18):
and foremost, if she had a lease and a year
two years into a three year lease, they say we're
raising your rent twenty five dollars to help offset the
HVAC repairs. Now she can't put her finger on that.
Would they deny that if you brought it up to them?

Speaker 10 (49:35):
You mean a court.

Speaker 8 (49:36):
I'm asking Tracy if you said to the landlord.

Speaker 5 (49:40):
I was just wondering if you said to the landlord, hey,
you promised this, if I did this, would they deny that?

Speaker 11 (49:49):
Probably because she denies.

Speaker 5 (49:51):
Everything, Okay, then then that's bad. So Brad, I think
she lost out on that. If she voluntarily paid twenty
five bucks. What do you think, Well, I think that.

Speaker 9 (50:00):
The lanner may hold the extra payments in trust as
an additional security deposit, because a security deposit is defined
as anything other than rent that's paid the lead.

Speaker 8 (50:09):
Yeah, but it was rent. I don't think he held it.

Speaker 10 (50:12):
Well I didn't.

Speaker 5 (50:14):
Oh oh oh, he's saying on paper it's not rent
because you can show that the rent was a certain
amount and you paid more. Yeah, okay, because they never
changed the lease at that time, did they?

Speaker 17 (50:27):
No?

Speaker 11 (50:28):
They haven't. Like no, And my biggest problem now is
the last ten months where I've gotten my rent increase
now free times.

Speaker 5 (50:36):
No, I know that part we're going to get to.
I wanted to take it one step at a time.
So come January, the end of January, your lease expires
and it goes month to month. Now here's what I
need to know, without a story, just I need to know,
like the times after January, you had already had one
rent increase during the three years after January, when you

(51:00):
went month to month, when was your next raise?

Speaker 11 (51:05):
My rent went up one hundred and fifty dollars on
the first of February twenty twenty four.

Speaker 8 (51:13):
So right, after the lease expired, they did it again.

Speaker 5 (51:18):
Correct then when.

Speaker 11 (51:21):
Then I got an email on nine thirty twenty four
telling me that my rent was going to go up
another twenty seven dollars.

Speaker 5 (51:31):
So in January and okay, in February and again, how
much did it go up in September.

Speaker 11 (51:40):
Twenty seven?

Speaker 8 (51:42):
Twenty seven dollars? Weird amount in September?

Speaker 11 (51:45):
Well, they said, he's in the email. It said it's
a twenty it's a two percent.

Speaker 5 (51:50):
Okay, it doesn't matter, hold on, so so hold on.
So they raised it one hundred and fifteen February twenty seven.
In September, and what was the third one?

Speaker 11 (52:00):
And then I just got an email on Friday telling
me it's pulling up another twenty five that I need
to pay. The total amount that I need to pay
for the first of December is the total amounts that
they want.

Speaker 5 (52:11):
And I'm just hold on, how much are they raising
it again?

Speaker 11 (52:15):
Oh? Another twenty five?

Speaker 5 (52:17):
Okay, Brad? It sounds to me like they're not following
the law.

Speaker 8 (52:23):
Right Colorado Statute and resident listen carefully, Tracy in.

Speaker 9 (52:26):
Residential rentals and landlord can raise the rent only once
in any roll. In twelve month period. So they increased
it on February first of this year. That means they
cannot increase it again until February first of twenty five.

Speaker 5 (52:39):
Well, first of all, they by raising it twenty seven
in February, they already raised it more than they could
because they did it.

Speaker 11 (52:49):
They raised it one hundred and twenty five, one hundred
and fifty dollars in February.

Speaker 5 (52:54):
That was wrong, That one was wrong.

Speaker 10 (52:56):
Well, what was the date of the previous one before that?

Speaker 5 (53:03):
Tracy? That what, Tracy? What we're trying.

Speaker 8 (53:05):
Here's what we're trying to establish.

Speaker 5 (53:07):
They can't raise rent within twelve months of each other.

Speaker 6 (53:11):
So that's what That's what I thought.

Speaker 8 (53:14):
So the one that they raised to them.

Speaker 5 (53:17):
The one that they raised for twenty five dollars, was
it more than a year before February they.

Speaker 11 (53:26):
Raised they raised them. It was I wanted the first
twenty five dollars raise. He called me on the sixth
January sixth, twenty twenty three, telling you that February my
rent would be raised. He's originally said seventy five dollars,
And I'm like, what.

Speaker 5 (53:45):
I have a lead, Tracy, None of this matters, Tracy, Tracy,
you're giving.

Speaker 8 (53:50):
All we care about is what we ask.

Speaker 5 (53:53):
So the previous rent increase before February of twenty twenty four.

Speaker 11 (53:59):
Was when February of twenty twenty three.

Speaker 5 (54:03):
Was okay, then they had a right to raise it
probably in February. Okay. Now what they didn't have a
right to do is raise it again in September and
now again in December.

Speaker 8 (54:16):
They just don't have it.

Speaker 24 (54:19):
Right.

Speaker 11 (54:20):
And I don't know how to get that across to them.

Speaker 8 (54:22):
Well, how does she get it across to them?

Speaker 9 (54:26):
Well, she or an attorney for her can advise the
landlord that the statute thirteen forty one.

Speaker 5 (54:34):
Oh eight thirteen forty one oh eight.

Speaker 10 (54:37):
Hold on, is that the right one? That is one
that's wrong? That is wrong?

Speaker 9 (54:42):
I meant to say, thirty eight twelve seven oh twos.
Excuse me, crs thirty eight twelve seven oh two is
the limitation on raising rent yep, and any rent increase
that violates this st.

Speaker 8 (55:04):
So it's voice if I am on the month to month, Yes,
that's right, that's right.

Speaker 5 (55:09):
Even all so son, the one fifty rays you can't
get back. But that twenty seven they did in September,
that one they did in the one they did in
February was probably correct.

Speaker 6 (55:23):
I didn't.

Speaker 25 (55:23):
I didn't.

Speaker 11 (55:24):
I didn't pay that amount though, because I was like,
this is not right.

Speaker 8 (55:28):
I wait a minute, Tracy, Tracy, Tracy, what.

Speaker 5 (55:34):
The one fifty was probably correct because it was a
year after the other raise.

Speaker 8 (55:42):
Okay, we're just giving you the.

Speaker 5 (55:43):
Facts, like it or not. Did you pay the additional
one fifty when they raised your when in February? Yes?

Speaker 8 (55:51):
Yes, okay, good, excellent.

Speaker 5 (55:54):
Now in September, you did not pay the additional twenty seven, right,
I did not pay.

Speaker 11 (56:00):
The additional twenty seven October or November, and I got
a nasty email telling me that I needed to pay
that amount.

Speaker 5 (56:09):
Okay.

Speaker 11 (56:10):
I got an email a week week after that email
telling me that they're raising an additional twenty five.

Speaker 8 (56:16):
Okay, you're in the driver's seat right now. You need
to let them know you know better.

Speaker 5 (56:24):
Okay, And then if they try to evict you, you're
going to use that as your defense. The next time
they can raise your rent. The next time they can
raise your rent legally would be in February. You know,
a year, that's right, whatever, the actually a year from
the one to fifty, that's right.

Speaker 8 (56:42):
So right, write them a letter and quote the law,
quote the law.

Speaker 11 (56:48):
Could you tell me what the law is exactly?

Speaker 5 (56:51):
Please give them that? Give her that statute number again.

Speaker 9 (56:55):
Yes, CRS, which means Colorado Revice Statue ce RS thirty
eight dash twelve dash seven oh two.

Speaker 5 (57:02):
Thirty eight dash twelve dash one O two seven oh
two seven oh two. Sorry, can I ask Tracy a question? Tom?

Speaker 12 (57:14):
Go ahead, and Tracy, do you want to stay there
with these people?

Speaker 11 (57:18):
This is the other thing. I had a cancer diagnosance
and surgery. Okay, so I am needing to stay at
least through March, and then I wasn't even gonna stay
after they raised my rent. But I had a cancer.

Speaker 23 (57:34):
Diagnosis, and that's terrible, Tracy.

Speaker 11 (57:37):
The recovery, I've.

Speaker 8 (57:40):
Tracy, keep this in mind, Okay, keep this in mind.

Speaker 5 (57:43):
I understand that. I totally understand that, and I'm sorry
about that. I hope you're doing well by the way.

Speaker 11 (57:48):
I'm I'm recovering. It's been a long it's been a
long couple of months.

Speaker 8 (57:53):
Okay.

Speaker 5 (57:54):
Now that doesn't play into anything, though, Just so you know, right, okay,
just you know I know that we.

Speaker 11 (58:03):
I'm a plan of retaliation on well, not so much
on the people that own the property, but on the
property manager.

Speaker 5 (58:11):
Well okay, but the point is, how can they retaliate.

Speaker 11 (58:16):
They have to give me a good reference?

Speaker 12 (58:18):
Oh you know something.

Speaker 5 (58:21):
Well, they can't sue you for something that's illegal, and
they can't even evict you unless they have a just cause.
So you know, right now, the way the laws are,
you're kind of okay. But as far as a bad reference,
I think landlords and tenants are getting I mean, landlords
and management companies are getting away from any references because

(58:43):
they're getting sued too much. Brad, don't you find a
lot of landlords don't want to give references bad or good.

Speaker 10 (58:50):
That's probably probably true.

Speaker 5 (58:51):
Yeah, yeah, So so listen, call us back once you
write them that letter, cite the law, let us know
what happens.

Speaker 8 (58:58):
I'm Tom Martin Trade three.

Speaker 12 (59:01):
Oh you know that in February.

Speaker 5 (59:05):
Yes she does.

Speaker 8 (59:05):
Yes, okay, that's what we told her.

Speaker 5 (59:07):
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Speaker 8 (01:00:04):
Help.

Speaker 5 (01:00:04):
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(01:00:26):
eight two five five. Okay, so hold on, let me
go to people who have been here a while. So
I think we've exhausted, Yeah, we've exhausted that we're done
with Tracy at this point. I'm sorry to have to
go back on that. Now, let me go back to Elaine.
Elaine has She says she wants to talk about being
scammed on the refinance of a home, and I hope
this isn't true.

Speaker 25 (01:00:46):
Uh.

Speaker 5 (01:00:46):
Elaine explained this to me.

Speaker 6 (01:00:48):
What's going on, Well, my home is interest by parents
have both passed away, and I was having a problem
with the mortgage company that starts there.

Speaker 5 (01:01:00):
Okay, So hold on, when your mom and dad passed away,
did they pass away at the same time?

Speaker 8 (01:01:06):
No, who left the home to you?

Speaker 6 (01:01:10):
When my mom passed it went through to the trust?

Speaker 8 (01:01:14):
Okay, got it? So now you own the trust still
owns the house.

Speaker 6 (01:01:19):
Yes, okay, go ahead, well it sort of anyway, what
does that mean?

Speaker 8 (01:01:26):
Sort of? What does that mean? Sort of? Brad is listening.

Speaker 6 (01:01:29):
It's been foreclosed on and this is because of the scan.
It was foreclosed on yesterday.

Speaker 5 (01:01:36):
Okay. But but Elaine, this is really important. So I
need to know something. When did your mom pass.

Speaker 6 (01:01:41):
Away twenty seventeen?

Speaker 8 (01:01:45):
Okay, So she left it in a trust and you
never took it out of the trust? Is that correct?

Speaker 5 (01:01:53):
Okay?

Speaker 8 (01:01:54):
Did you were you a trustee?

Speaker 5 (01:01:59):
Yes?

Speaker 8 (01:01:59):
Okay, okay, And so you continued to live in the house,
is that correct?

Speaker 6 (01:02:05):
And make the payments?

Speaker 8 (01:02:06):
Okay?

Speaker 5 (01:02:07):
And the payments and the mortgage was lent to the trust,
is that correct?

Speaker 11 (01:02:13):
Yes?

Speaker 6 (01:02:15):
Well no, it's my parents.

Speaker 8 (01:02:17):
Okay, But I need to know this before we move on.

Speaker 5 (01:02:21):
I need to know this. Did the mortgage company have
any problem with the trust having the home after your
parents passed and with you paying it?

Speaker 17 (01:02:31):
No?

Speaker 8 (01:02:32):
Okay, So now continue your story.

Speaker 6 (01:02:36):
Anyway, So they went on, and then, of course we
I kept paying it, and then I went to try
and reinstate.

Speaker 5 (01:02:43):
No, wait, hold on, you skipped a whole bunch. You
kept paying it and then went to reinstate. Well, what
do you mean reinstate. You don't have to reinstate anything
if you're making payments. So tell me what happened?

Speaker 6 (01:02:55):
Okay, I apologize, No, no, don't apologize.

Speaker 5 (01:02:58):
Just I'm confused. There's no reason to apologize. So you
kept making your payments and somewhere along the line somebody
scammed you.

Speaker 8 (01:03:05):
What happened?

Speaker 6 (01:03:07):
I had I stopped making payments because I wasn't working
at the time.

Speaker 5 (01:03:11):
When did you stop making payments? When did you stop?

Speaker 11 (01:03:16):
Well?

Speaker 6 (01:03:16):
I have made several payments since that they hadn't been
credited as payments.

Speaker 8 (01:03:21):
Okay, here's what I need to know. Elaine, Elaine, Elaine
two nine.

Speaker 5 (01:03:25):
Okay, in twenty seventeen, the house went to you in
a trust. I just need to know this. This is
really important. I know people think it's a pain in
the ass, but we have to know. You made payments
for a period of time, then you stop making payments
for a period of time, then you resume making payments.

Speaker 8 (01:03:44):
Is that correct?

Speaker 5 (01:03:46):
Yes?

Speaker 8 (01:03:47):
Okay.

Speaker 5 (01:03:48):
What I need to know is those periods of time.
You continued to make payments from two thoy seventeen till.

Speaker 6 (01:03:55):
When through twenty nineteen.

Speaker 5 (01:03:59):
Okay, you made she made payments through twenty nineteen. Then
what then you stopped.

Speaker 6 (01:04:07):
Then contacted them to see about getting a reinstatement. That
would have been October accidently of twenty nineteen.

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Speaker 5 (01:07:18):
And know what you mean by a reinstatement. You said
you made payments from twenty seventeen through twenty nineteen. Why
would you have to ask them for a reinstatement if
you had made payments that whole time?

Speaker 6 (01:07:34):
Because I had stopped making payments, I couldn't make payments.

Speaker 5 (01:07:37):
Okay, that's Elaine, That's what I'm asking you. I promise
I'm trying to help you. You said you took over
the home in twenty seventeen, and you continued to make
payments for how long through twenty nineteen, But then you

(01:08:00):
said in two thoy nineteen you asked for reinstatement. And
I asked you why, and you said, because you stopped
making payments. You don't have to ask for reinstatement if
you were making your payments. You said you were making
payments from twenty seventeen through twenty nineteen, so in twenty

(01:08:21):
nineteen you would not ask for reinstatement because the house
would not have been foreclosed on. So please help us explain,
help us understand this for you.

Speaker 6 (01:08:34):
I'm trying.

Speaker 5 (01:08:35):
Oh, okaythan go.

Speaker 8 (01:08:36):
Ahead, I'll shut up.

Speaker 5 (01:08:37):
Go ahead. What happened in twenty nineteen after you had
been making payments steadily?

Speaker 8 (01:08:43):
What happened in twenty nineteen?

Speaker 6 (01:08:45):
I couldn't make payments and I hadn't made a payment
for like four months. So the company called and I
had called them trying to get somebody to help.

Speaker 5 (01:08:58):
This was in twenty nineteen. You had missed for payments. Okay,
got it, Okay, keep going.

Speaker 6 (01:09:04):
So I called and they said, let's go through a
restate reinstatement process. So we started.

Speaker 8 (01:09:11):
What did they say that meant?

Speaker 5 (01:09:12):
What did that mean to them when they said we're
going through a restatement process, Brad, have you ever heard
of a restatement process?

Speaker 6 (01:09:20):
Have you ever heard of that reinstatement?

Speaker 5 (01:09:22):
Have you ever heard of that? Go ahead?

Speaker 10 (01:09:27):
If the lender put the.

Speaker 9 (01:09:30):
Late mortgage into a suspense account and sort of put
it in their non performing account department. Then is not
in the regular course of repayments.

Speaker 5 (01:09:39):
All right, So sometime in twenty nineteen she stopped making payments.
Then they said to her, let's reinstate it. Then what happened?

Speaker 6 (01:09:50):
So I started to reinstatement with them?

Speaker 5 (01:09:53):
And what does that mean? What does that mean? You
started the reinstatement. Was it like an application or what
was it?

Speaker 24 (01:10:00):
Exactly?

Speaker 6 (01:10:01):
They had a three month time period to get paperwork.
Paperwork had to be in, they needed trust in all
kinds of things. Title needed to be changed, et cetera. Okay,
and they had a three month period. Now to you
get to Thailand. The paperwork all done. I also needed
my son for something. He was deployed and is now again.

Speaker 5 (01:10:26):
Why did you need your son? Hold on, Elaine, You
just threw your son into this where he was never
mentioned before. Why did you need your son? You got
to explain that. Why did you need him?

Speaker 6 (01:10:39):
Because I was needed to move the be come into
a different name and the deed and he just move
it into the new family trust because the mortgage company
wanted me to do that.

Speaker 5 (01:10:54):
The mortgage company wanted you to move the house into
someone else's name.

Speaker 6 (01:11:00):
Yeah, I had some doubt of the trust, okay, and.

Speaker 5 (01:11:04):
You needed your son For what reason? They wanted you
to put it in your son's name.

Speaker 6 (01:11:10):
I needed his signature to put it in a new trust.

Speaker 8 (01:11:14):
Why his signature to put it in a new trust.

Speaker 6 (01:11:17):
He's on the new trust?

Speaker 8 (01:11:20):
Okay, all right? Who recommended this new trust?

Speaker 6 (01:11:24):
By the way, Well I did. I knew I needed
to do it because of the way the home was
with my parents' trust, and that's how I wanted it.

Speaker 8 (01:11:38):
Did an attorney tell you to do a new trust?

Speaker 17 (01:11:41):
No?

Speaker 5 (01:11:42):
Okay. So so after the bank contacted you and said
we need to do a reinstatement, you formed a new trust.

Speaker 6 (01:11:56):
I was, yes, I was in the process because they
needed that paperwork to do it.

Speaker 8 (01:12:01):
Got it go ahead?

Speaker 6 (01:12:02):
I need I needed the paperwork to do it, Okay, Okay?

Speaker 5 (01:12:10):
Then what.

Speaker 20 (01:12:13):
Anyway?

Speaker 6 (01:12:14):
Their time frame was short, and trying to get a
hold of somebody who is deployed in the ocean somewhere
is not easy. I asked them several times if they
could extend that month to get that then, and they said,
I don't know, We'll see because I was talking. Colorado

(01:12:35):
has that single point of contact rule.

Speaker 5 (01:12:39):
And the point hold on, hold on, wait wait, wait, wait,
wait wait wait wait again.

Speaker 8 (01:12:44):
What do you mean by a single point of contract.

Speaker 6 (01:12:47):
Rule Colorado when you're dealing with the mortgage and refinance
and reinstatement all that they have a rule that the
mortgage company has to have a single point of contact
for their customers.

Speaker 8 (01:13:03):
Okay, got it.

Speaker 5 (01:13:04):
So then what.

Speaker 6 (01:13:07):
Well, all she could do is give me information. And
when I'd ask for an extra little bit of time
to get it done, she said, I, I don't know,
We'll have to wait and see.

Speaker 8 (01:13:19):
Okay, But in all of this time, in all of
this time, you were not making payments. Is that correct?

Speaker 6 (01:13:26):
No, they wouldn't take them.

Speaker 8 (01:13:29):
They wouldn't take them because you were so far in
the rears.

Speaker 6 (01:13:33):
Well right, And every time we'd start, I would make
a payment, and then they would not take a payment
because they had to start over.

Speaker 5 (01:13:41):
Because let's explain why. Let's explain why, Elaine. Okay, they
are totally in the driver's seat when you stopped making payments,
and they did not want they did not want to
trigger a new agreement. They wanted to you, they wanted
you to get someone else to basically take take over
the house and make the payments. They didn't. They no

(01:14:03):
longer trusted you or wanted you as a customer. That's
really what I'm hearing now, Brad. I might be wrong,
but what I'm hearing is they told her, listen, if
you can find someone to do alone and to take
over the house, fine, you know, maybe we can refinance
it with the new amount of the arrears built in,
but we need to get it done. And she thought, well,

(01:14:25):
I'll get my son to do it. But that's not
their fault that she picks someone who's deployed you. It
is do I have it right so far or not?

Speaker 20 (01:14:36):
No?

Speaker 8 (01:14:37):
Okay, what part do I have wrong? Because we're going
to find out.

Speaker 5 (01:14:40):
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Speaker 8 (01:15:36):
Now I want to go back to the phones now.

Speaker 5 (01:15:39):
I gotta make this we we really have to uh
clear this up because we need to take other callers.
So I want I want Naomi and Don and Todd
to please hang on. We will take your calls, please, Elaine,
we have to finish up this call. But here's what
here's what we need to ask. What you talk about
a reinstatement is really a refinance. There is no such

(01:16:01):
thing as a reinstatement. I'm sorry, but there isn't. And
what you're talking about is some kind of refinance using
your son instead of you. And I think they were
going to put the rearage into the refinancing, but you
said no, that's not what they were going to do,
So why don't you correct me?

Speaker 6 (01:16:22):
Okay, the reinstatement with the mortgage company was to reinstate
the current loan and then continue payments on that.

Speaker 5 (01:16:30):
And they were just going to forget about all the
money you missed, right, all the interest you didn't pay, they.

Speaker 8 (01:16:35):
Were just going to forgive it.

Speaker 6 (01:16:37):
No, the reinstatement added that back into it.

Speaker 5 (01:16:41):
And then that's called a refinance. Keep going, okay, Okay,
keep going?

Speaker 6 (01:16:46):
Then what they called it a reinstatement.

Speaker 5 (01:16:48):
Okay, I don't care what they called it.

Speaker 6 (01:16:50):
Then now what now what we're gonna because that's a
whole different saga. Anyway. I did not get approved for that, Okay.
So I started looking or another company to do the mortgage,
and I found somebody I thought that could help me.
I did some research, didn't find any complaints on them,

(01:17:11):
and I signed on with them. They said they could
help me. This is where the problem comes. Okay, that's
where I was scammed.

Speaker 5 (01:17:19):
Tell me how.

Speaker 6 (01:17:22):
They said they could help me and I should have
known better. I was stupid, naive or destiny.

Speaker 5 (01:17:27):
How did you get scammed? Let's go to the park
where you got scammed? How did you get scammed?

Speaker 6 (01:17:33):
They said they were going to help me, they were
going to stop the foreclosure, get me financing and all
of that and I said, fine, Okay. Then at that
point I was just days before the first foreclosure date.

Speaker 8 (01:17:49):
And wait a minute, how did they say that? How
did they say they were going.

Speaker 5 (01:17:53):
To help you?

Speaker 6 (01:17:55):
They were going to get me refinanced, stop the foreclosure,
contact the attorney.

Speaker 5 (01:18:01):
For the mortgage, Tony, Do you have anything in writing
to that effect or did they contact the bank at all?

Speaker 6 (01:18:08):
I do have stuff in writing for that.

Speaker 5 (01:18:11):
You have stuff in writing saying that we will stop
the foreclosure and refinance you.

Speaker 6 (01:18:17):
And you helped me get refinanced.

Speaker 26 (01:18:19):
Yes?

Speaker 5 (01:18:20):
And did you have to pay them any money for this?

Speaker 6 (01:18:23):
Unfortunately?

Speaker 12 (01:18:24):
I did?

Speaker 5 (01:18:25):
How much?

Speaker 6 (01:18:27):
Fifteen hundred dollars?

Speaker 5 (01:18:29):
Yeah, you got scammed. Did they end up owning the
house or did it just get foreclosed on?

Speaker 6 (01:18:36):
Stop foreclosed on?

Speaker 5 (01:18:38):
Yeah, so they don't own it. They just wanted a
quick fifteen hundred. Where did you find these people?

Speaker 6 (01:18:45):
It was mailed to me.

Speaker 27 (01:18:48):
Uh huh.

Speaker 5 (01:18:49):
You know, Elaine.

Speaker 8 (01:18:51):
Now, I'm sorry you fell for this. I swear to God.

Speaker 5 (01:18:55):
This is so sad. So you paid them fifteen hundred.
But here's the truth of the matter. I mean, really, Elaine,
it doesn't sound like you had a hope anyway. I mean,
you were months and months and months behind. How much
let me ask you, some mean, how much was the
loan on your house.

Speaker 6 (01:19:16):
That was balanced with one and eighty two thousand.

Speaker 8 (01:19:18):
And what was the house worth?

Speaker 6 (01:19:23):
Twelve?

Speaker 8 (01:19:23):
Oh my god? So during the forecloat it has it
been sold yet?

Speaker 6 (01:19:31):
Yes? To who? A company out of Cleveland? I'd rather
not say.

Speaker 5 (01:19:39):
But on the air Brian brad brad Let's address, does
she have any hope here?

Speaker 8 (01:19:44):
I mean, be honest here, let's let let's talk about it.

Speaker 9 (01:19:47):
Well, if there's an overbid at the sale, so public
auction bidder bids more than the than the than the
amount of the death of the foreclosing lender, then that
extra amount is left over at the end will get
returned to the bar were So do you know how
much successful.

Speaker 19 (01:20:03):
Bit at that?

Speaker 5 (01:20:03):
Do you have any money coming to you? Elaine?

Speaker 6 (01:20:07):
By eighty seven thousand?

Speaker 5 (01:20:08):
Okay, you're going to have to settle for that, otherwise
you're going to spend years in court and you're going
to lose. That's my unprofessional, unlegal opinion. You're going to lose, Elaine.
The bank had every right to foreclose on you. You
were scammed. They're two separate things.

Speaker 6 (01:20:32):
I'm I'm aware of that.

Speaker 8 (01:20:35):
Yeah, it's it's say.

Speaker 6 (01:20:38):
I was just hoping.

Speaker 13 (01:20:40):
It is.

Speaker 8 (01:20:41):
And you want to get Are you trying to get
your fifteen hundred back? Is that why you called?

Speaker 6 (01:20:48):
Well, I've turned them over to the Colorado AG, the
California AG.

Speaker 5 (01:20:53):
That's good.

Speaker 6 (01:20:53):
I'm an injustice Apartment of Justice.

Speaker 8 (01:20:55):
Have you ever did they have a phone number? What
do they say when you call them?

Speaker 6 (01:21:01):
When I call the company that stands me? Yeah, they've
I've been ghosted.

Speaker 5 (01:21:09):
I'm so sorry, Elaine. We can't help you, and thank
god you are at least going to get eighty seven
thousand dollars. I mean, really, I hope we have a
quick question from Naomi. Naomi, what is your question? We'll
get working on it and answer it after the break.
What's going on, Naomi?

Speaker 13 (01:21:25):
My father passed away in twenty nineteen, and I've been
having a hard time going through probate for his house.
Why because I don't know my siblings contact information. And
I just got an email from the Mesa County attorney

(01:21:47):
asking me about the property and that it needs to
be cleaned up.

Speaker 8 (01:21:52):
Okay, hold on and we'll come right back to you.
I'm Tom Martino.

Speaker 5 (01:22:01):
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com to list your home with Remax Alliance three oh
three nine two zero sixteen twenty two. Hi Tom Martino
here three O three seven one three talks seven one
three eight two five five. So what I want to
know is this, When your dad passed away in nineteen,

(01:22:44):
that's a long time ago.

Speaker 8 (01:22:46):
Where is the who owns the house?

Speaker 5 (01:22:47):
Right now?

Speaker 13 (01:22:49):
As far as I know, it's still in the courts.

Speaker 5 (01:22:54):
I filed the No, No, it's not no.

Speaker 8 (01:22:56):
It's not in the courts. It's in who's ever name?
Was it in your dad's?

Speaker 13 (01:23:00):
It was in my dad's name?

Speaker 8 (01:23:02):
Yes, Okay? Now, who filed probate you?

Speaker 13 (01:23:05):
I did, yes, because as far as I know, I
am his only heir.

Speaker 8 (01:23:11):
Okay. And then when you said you don't know about
your siblings. What does that matter?

Speaker 17 (01:23:15):
Then?

Speaker 5 (01:23:15):
Why didn't you just get the the probate court to
grant title to you?

Speaker 13 (01:23:21):
Because they keep coming back and saying that I have
siblings that my father had listed or something like that.

Speaker 8 (01:23:29):
Where did he list him?

Speaker 5 (01:23:30):
Did he have a will?

Speaker 13 (01:23:32):
I don't know. My parents divorced.

Speaker 11 (01:23:34):
So when I was well, then who comes back to you?

Speaker 13 (01:23:37):
Who is coming siblings?

Speaker 28 (01:23:39):
I don't know if these are Naomi?

Speaker 5 (01:23:40):
Who is coming back? Naomi? Who is coming back to you?
Saying that there are siblings listed who.

Speaker 13 (01:23:50):
See Mesa County courts, Well, they in grant junction.

Speaker 5 (01:23:55):
But but did anyone put a claim into the courts
because they have no right to do that.

Speaker 13 (01:24:00):
And they came back and so there were other people
listed under being children of my father's and that, but
they don't.

Speaker 5 (01:24:08):
Be saying that if you opened up prob.

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Speaker 8 (01:27:15):
Do you have a will or not? Did you say
you had a will?

Speaker 6 (01:27:18):
I do not know.

Speaker 13 (01:27:19):
My father has not been in my life at all
since I was like two years old.

Speaker 8 (01:27:24):
Okay, well, then how do you know the house was
left to you?

Speaker 13 (01:27:29):
I don't as far as I know, Like I said,
as far as I know, I am his only heir.

Speaker 28 (01:27:33):
But there were.

Speaker 5 (01:27:36):
I get it.

Speaker 8 (01:27:36):
I get it now.

Speaker 13 (01:27:38):
Yeah, Sol said, I don't know if these are adopted
children children vib.

Speaker 5 (01:27:43):
Well, it really doesn't matter because you don't even know
if you own the house. I mean, really, we have
to ask Brad what's up with that, or maybe we
call one of our state attorneys. But it sounds like
he died without a will, and no one really knows
who owns the house, and and you don't have to
take responsibility for anything. You can walk away from it.
I don't know why you open probate. We got more

(01:28:05):
coming up. Hold on go with a sure thing Denver's
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Speaker 23 (01:28:44):
News need so you don't have run anxious.

Speaker 5 (01:28:50):
As fast as we can, Shooter's gonna help, come man,
This is the Troubleshooter Show.

Speaker 7 (01:28:59):
No Ton Martinez, Hey, welcome to the show.

Speaker 5 (01:29:03):
Three oh three eight seven one to three talk seven
one three eight two five to five. I'm here to
help you solve problems, answer questions, take complaints, make your
life a little easier. Just give us a call if
you need help on anything. And we have been having
some weird real estate calls today, but good because we
have OLS law with us, Brad O'Brien and O'Brien Legal Services.

(01:29:27):
And this hour brought to you by Wave eight Wealth Management,
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I urge you to do it.

Speaker 5 (01:31:18):
Because until I took my own situation into my own hands,
I didn't realize how weird this industry is. Invest with
Martino dot Com. Brad O'Brien is with us. He's a
professional in real estate. Naomi was talking about a weird situation.
We're gonna try. We decided we need really an estate

(01:31:42):
planning attorney to also weigh in on this, so we're
gonna wait until we can get Dan McKenzie on to
talk about this. Because Naomi, you're a in an impossible situation.
You opened up probate without really the authority meaning you
don't know anything about the other siblings or about the estate,

(01:32:04):
and your hands are tied. So hold on a second
and see what happens in a case like this. And
by the way, Brad, and maybe I asked this too,
Maybe I asked this to our estate planning sharing you
let me know, is it really? Is the county really
in a position to say, I didn't think they're in

(01:32:25):
a position to say, Oh, by the way, there are
other errors out there.

Speaker 8 (01:32:28):
That's really, in my opinion, none of their business.

Speaker 9 (01:32:31):
No, I think the court would be saying that it
sounds like she got to notice from the county about
the property maintenance.

Speaker 5 (01:32:36):
No, that's right. So you're saying the court would say that, Well,
who would say that the judge, Yeah.

Speaker 9 (01:32:41):
The private court judge is not going to entern order
a final distribution of the trust asset the estate assets
until the court is confident that all the bocusories are named.

Speaker 5 (01:32:51):
All right, So katchina are you getting Dan, I'm working
on it.

Speaker 4 (01:32:57):
I'm working on it.

Speaker 5 (01:32:58):
Tom, thank you.

Speaker 8 (01:33:00):
And I want to go to Todd who has a
question for Brad. Go ahead, Todd.

Speaker 5 (01:33:07):
Him, Hi, Todd, what's going.

Speaker 17 (01:33:09):
I don't think Loveland, Oh, I'm sorry, a little bit
of a break they're bringing me on. I live in
Lubland and about blocking a half up from my house
there is a home that has been condemned by the city.
It was condemned in August of twenty thirteen and there
was a death in the home, and my understanding is
that there was some drug use going on in the

(01:33:31):
house as well. Okay, I'm tired of looking at this place.
The city has had to come out and remove weeds,
so I know that they've got assessments on the property.
Now I'm trying to see because the owner of m
Ia he is gone. My understanding, and I have not
been able to verify this, is that he's also on

(01:33:54):
the sex offenders registry and this house is three homes
away from an early childhood education center, so my understanding
is he can't even live there. Is there a mechanism
legally that I could pursue to have the property declared
as abandoned and get title to the property so that

(01:34:15):
I can get it renovated and sold with the condition
that the buyers live there, not for renal properties.

Speaker 5 (01:34:25):
Of course, you can't. You can't just dictate what you
want about who lives there and what happens. I mean,
of course you can. I mean the quick answer is no,
you can't. You can't just have it declared abandon because
you want it to be, or you can't just sell
it and put conditions on it that only the people
that buy it can live there.

Speaker 8 (01:34:44):
I mean no, that's really the short answer, Todd.

Speaker 5 (01:34:48):
What you can do.

Speaker 23 (01:34:49):
I don't know what I bought my house.

Speaker 17 (01:34:50):
I know what I bought my house. If there's a
condition of the mortgage that would be unoccupied.

Speaker 5 (01:34:55):
Well that's a condition of the mortgage that has nothing
to do with you or neighbors. They and by the way,
it didn't have to be owner occupied. If you wanted
to get an owner occupied mortgage, it had to be
owner occupied.

Speaker 8 (01:35:08):
If you wanted to get a regular mortgage, you could
be a landlord.

Speaker 5 (01:35:11):
There's no one in the world, unless it's against the law,
to tell you you can't rent.

Speaker 8 (01:35:15):
Out the place. Okay, So I don't mean to attack.

Speaker 5 (01:35:20):
You or anything, but I just think you're operating on
a completely inaccurate premise. There is no special power to
put conditions on a house.

Speaker 17 (01:35:29):
I'm not sure to be a host with you.

Speaker 5 (01:35:31):
You no, no, listen I'm not being Let me explain
this to you, Okay. The answer is no, you can't. Okay,
you asked the question. I answered, no, you can't. What
you can do. What you can do as an alternative
is is you can if the house you can't get
a house declared abandon Here's who declares a house abandoned,
the lender or the city it is. Do you know

(01:35:55):
if there's a loan on the house.

Speaker 17 (01:35:58):
I think it's a private party loan.

Speaker 5 (01:36:00):
Okay, So no one's trying to foreclose. No one's trying
to foreclose on this house.

Speaker 17 (01:36:07):
A couple of weeks ago, the city clerk had not
had any noticeable closure.

Speaker 5 (01:36:12):
Off Okay, So therefore it's just gonna sit there.

Speaker 17 (01:36:15):
Now.

Speaker 5 (01:36:15):
The city can force it to be cleaned up and
build the landlord or kiss me the owner, and if
the owner doesn't pay, can take over ownership and foreclose
and sell it. Brad weigh in on this. What do
you think your neighbor down the street you see this.
I don't blame Todd for being upset, but you can't just,
you know, just declare it abandon can you?

Speaker 9 (01:36:37):
No, Todd is a stranger to the property. He has
no property interest in it. Now, anyone with a lean
in the property could eventually foreclose. Now that's the lender,
it's the city who does work on the property to
remove weeds. They might have one hundred dollars lean against
the rank, or the real estate taxes may maybe aren't
getting paid. So if any of those is foreclosed, then
there would be a foreclosure auction, and Todd can go

(01:37:00):
and admit at that auction and try to win the property.

Speaker 5 (01:37:03):
Surelosure buyer, that's a possibility, Todd, But someone someone with
a financial interest is the only one that can end
up doing that.

Speaker 17 (01:37:16):
Does that mean that's what I'm saying? You know, is
there a legal way that I can approach the lender? Say, hey,
you know you've got to Yeah, John.

Speaker 8 (01:37:26):
Yeah, you can approach the lender for sure.

Speaker 5 (01:37:28):
If you know who the lender is, you can buy
the loan and then foreclothes on it if it's not
being paid.

Speaker 8 (01:37:35):
You absolutely can do that.

Speaker 17 (01:37:36):
Right now, the house is sitting there with broken windows,
open doors.

Speaker 5 (01:37:41):
Why is it this city?

Speaker 8 (01:37:43):
Why isn't the city boarding it up.

Speaker 5 (01:37:45):
And charging the owner?

Speaker 30 (01:37:48):
Last I talked to the city.

Speaker 17 (01:37:50):
Uh, they told me that they were going to go
and then do a weed mitigation, and then they would
put assessment, put an assessment on the property.

Speaker 5 (01:37:57):
I can't get so you're saying the loving.

Speaker 17 (01:38:01):
The police department is saying that there's an open investigation
on it. I was able to ascertain if there was
some best activity.

Speaker 6 (01:38:08):
In the house.

Speaker 5 (01:38:09):
Okay, So what you're what you're asking is all logical.
You want it out of your neighborhood. So again, the
only way to do that would be to foreclothes on it.
And in order to foreclose on it, you have to
have a lean.

Speaker 8 (01:38:27):
The lender can do it.

Speaker 5 (01:38:29):
You can buy the loan from the lender, or you
can call the lender and yeah, you can just talk
to him as a person. You said, it's a private party,
or even if it was a bank. In fact, if
it was a bank, it would be better. You could say,
do you realize the liability? Do you realize the liability
you have having this home the way it is? Yeah,
it would be ter, you know, I I you could

(01:38:50):
do that. Do you did you do an You can
do an O and E on the property. Do you
know what that is?

Speaker 12 (01:38:58):
Yeah?

Speaker 17 (01:38:59):
Orders in the company.

Speaker 8 (01:39:00):
Yeah, yeah, So if you did that, have you done
it yet?

Speaker 6 (01:39:05):
Uh?

Speaker 17 (01:39:06):
Did an on the property.

Speaker 30 (01:39:08):
And uh did the fact honor about.

Speaker 17 (01:39:11):
May of this year?

Speaker 5 (01:39:13):
Okay, who is the lender?

Speaker 17 (01:39:17):
I did not say in the who the lender was.

Speaker 8 (01:39:20):
Yeah, it usually does.

Speaker 18 (01:39:21):
It should say who the owner of the property is.

Speaker 12 (01:39:24):
Todd, that's where you want the owner.

Speaker 5 (01:39:26):
But it also shows record. Wait a minute, it shows
recorded leans. So were there any leans on it? For
first deed of trust?

Speaker 17 (01:39:36):
I called the county and they said that there is,
but they would not tell me who it was.

Speaker 5 (01:39:40):
Well, you can. It's public record. It's a recorded deed
of trust. It's all public. Nobody has to tell you anything.

Speaker 18 (01:39:52):
Yeah, you talked to the owner.

Speaker 17 (01:39:58):
I talked to the owner over year ago, and he
said he wanted He said he wanted someone in the neighborhood.
Are four hundred thousand dollars for the house?

Speaker 8 (01:40:07):
Okay?

Speaker 5 (01:40:09):
Okay, so.

Speaker 17 (01:40:11):
Is not worth barely more than the property that it
sits on?

Speaker 5 (01:40:15):
Right now, Okay, here's what you do, Todd.

Speaker 17 (01:40:20):
Broken windows.

Speaker 5 (01:40:21):
Obviously obviously the owner's making payments. Well apparently, Yeah, so
as long as long as the owner makes nobody well,
somebody's making payments, or the lender would foreclose. If the
lender's not foreclosing, the lender doesn't care. Those are the

(01:40:42):
only people with legal rights to do anything, the owner, lender,
the owner, the lender, and the city. If those three
don't do anything, it's it's really unfortunate. Now you and
some neighbors can get together and demand that the city
protected and make it right, and then they can put

(01:41:04):
a lean on it for clothes on it and do
what you want.

Speaker 8 (01:41:07):
But here's the deal.

Speaker 5 (01:41:10):
Even if they do foreclothes on it, you don't control
who buys it or what they do with it. If
somebody wants to rent it out, they can. Now what
you can do is you can can contact not the owner,
but the lender, which is on the o ande. I
can't help that you didn't see it, but it is.
It's every lender is named on an o ande. The

(01:41:33):
first deed of trust is public record. You can go
right down and get it right now and find out
who owns it. I mean, who has the first deed
of trust, which is a loan. When you find the lender,
you can call that lender and say, do you realize
your property is going to hell? And you people owe
you money on this? You're owed, you know, two hundred
thousand dollars on this house. Do you want to Can

(01:41:58):
I buy the loan and I'll take it over and
then if you're not being out a thought about that now?

Speaker 17 (01:42:05):
Okay, So one of the problems that I'm having. I'm sorry,
I didn't mean in a rut go ahead. One of
the problems I'm having right now, I'm making that decision
if I can't get any information from the police department.
I talked to my city representative.

Speaker 5 (01:42:19):
What are you talking about?

Speaker 8 (01:42:21):
What do you talk about information from the police department.

Speaker 17 (01:42:25):
There's an ongoing police investigation.

Speaker 5 (01:42:27):
What does that have to do with anything?

Speaker 17 (01:42:30):
They won't tell me. They won't tell me, Todd. Listen,
they won't give me any detail about it because it's
an ongoing police investigation.

Speaker 5 (01:42:38):
Todd, you don't need police investigation to contact the lender
and to buy the loan and to foreclose.

Speaker 17 (01:42:46):
Well, what I'm concerned about is if there's an ongoing
police investigation, I can go to the lender.

Speaker 30 (01:42:50):
I can.

Speaker 17 (01:42:51):
If I can find the lender, I'll go and I'll
give you Tell.

Speaker 5 (01:42:54):
Me why you care about Tell me why you care
about the police investigation. If I can go to a lender,
buy the house and forms what can.

Speaker 17 (01:43:04):
The city step in and say you can't do anything
for this property because there is an ongoing police investigation.
Maybe we need to get an out And I don't
know how they could possibly be an ongoing police investigation
if there was a murder, If there.

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What's up, everybody, My name is Sammy John.

Speaker 3 (01:45:21):

Speaker 4 (01:45:28):

Speaker 3 (01:45:31):

Speaker 15 (01:45:48):
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(01:46:09):
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Speaker 5 (01:46:17):
Today something where it's evidentiary and they coordined it off
or they take it over. But I mean you would
know that. All I would say is this Okay, Todd,
I think you're complicating things. Buy the loan from the lender.
If the lender doesn't want to sell the loan, you're out.

Speaker 8 (01:46:38):
You're out of luck.

Speaker 5 (01:46:39):
If you can't get the city, you can't get the
lender that the only three avenues to that house. The lender,
the city that's it, or the owner that's it. If
none of those wi something, you can do.

Speaker 17 (01:46:53):
The reason I called it is I didn't know if
there might be something.

Speaker 5 (01:46:56):
I think you're on the right track. Listen, call again.
I'm not going to say it again. We are more
coming up on the Troubleshooter Show. Go with a Sure
Thing Denver's Best Rufer Excel Roofing dot com. You don't
pay a cent until you're content. Please time for an

(01:47:19):
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.
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 here, Welcome to the show.

(01:47:46):
Three all three seven one three talks seven one three,
eight two five five. I want to bring up Dan
McKenzie mackenzie Law. Now Dan does estate planning, and you
know that a lot of times they wear candid hand
with real estate. Dan. I would just want to run
this by you. Naomi's never had anything to do with

(01:48:07):
her dad her whole life, but when he died, she
opened up a probate. And Naomi, did your dad live
in the same state as you?

Speaker 13 (01:48:18):
Yes, he lived in a Grand Junction, Colorado, And I'm
here in the Denver metro area.

Speaker 5 (01:48:25):
So you heard he died and you opened up probate
and you thought you were the only one you didn't know.

Speaker 8 (01:48:31):
You didn't know there were any siblings. Is that correct?

Speaker 13 (01:48:35):
Correct? I was notified that he passed away in twenty
nineteen by the Social Security Administration, and I opened the probate.

Speaker 5 (01:48:45):
Were you appointed the personal representative? I'm sorry, were you
appointed the personal representative?

Speaker 25 (01:48:52):
No?

Speaker 13 (01:48:53):
No, I just got a letter from Social Security Administration,
and so I went down to Grand Junction and to
see about his estate and what I needed to do
to close it out and everything. And I was told
I needed to file approbate papers. I did that, and
then the courts came back saying that there were other family,

(01:49:17):
other siblings, and that I needed their names and phone
numbers and addresses. And I tried to explain to them,
I don't know these people. I've never had anything to
do with them. I don't have access to Nailmi.

Speaker 5 (01:49:30):
Did they say there were any claims being did anyone
else at No, they didn't.

Speaker 13 (01:49:34):
They just said that I needed to provide the names
and the information for myself.

Speaker 5 (01:49:39):
What I don't understand is this and maybe Dan McKenzie
can help me or Brad O'Brien, both attorneys. How would
the court even know there are other siblings and why
would they care? Dan? Is that the court's responsibility to
bring that up? Dan McKenzie, No, I mean I don't.

Speaker 31 (01:49:57):
I guess I don't know how they would know that either.
Usually just quote that on the application for the probate.
But you would be obligated to go out and put
a resonaal effort into finding those people if you.

Speaker 5 (01:50:09):
Are the personal refor If that's what I don't understand, Naomi,
who exactly contacted you saying wait a minute, Naomi, you
need to get your brothers and sisters on here.

Speaker 13 (01:50:19):
I have no idea. I guess the I I don't know.
I honestly I don't know. I know I put down
that I had other family members, but I didn't know
I didn't have their information.

Speaker 8 (01:50:34):
Wait, so you put that down, Yes, I asked.

Speaker 13 (01:50:37):
At the court when I went in and I asked
them what do I do if there's other family out there?
That's how I don't have And they said, that's.

Speaker 5 (01:50:45):
How they know that enronment. When then it filed it.

Speaker 13 (01:50:48):
The first time, they would make a decision and they
came back to me that I needed to find out
that information. But I don't have names, addresses, and I've
been trying this whole time to find that out.

Speaker 5 (01:51:02):
Naomi, I think the problem was that you you mentioned
it to begin with, because unless there was going to
be a fraud allegation, if you would have just gone
in there and said you knew of no other people
and you just spiled the house would have been transferred
to you, it would have been over unless there was
fraud involved. But but here's the bottom line. You're the
one that brought it up. You're the one that brought

(01:51:24):
up there could be other people involved.

Speaker 13 (01:51:26):
That well, I acknowledge that. I you know, I don't
know what I'm doing with.

Speaker 5 (01:51:33):
Short I know I am put her on hold. Please
just put her on hold. Okay, put her on hold
because she's talking too much and I need to get
an answer and not a story. Dan, What does she do?

Speaker 31 (01:51:49):
I mean, I mean we frequently have to hire like
a private investigator. There are businesses out there that this
is their job. They go out and find errors. So
you know, there's air search.

Speaker 6 (01:52:00):
I think if you typed in.

Speaker 31 (01:52:02):
Air search dot com you would find a business that
can help you go locate family members.

Speaker 5 (01:52:07):
And what if they can't find what if you can't
find them?

Speaker 31 (01:52:11):
I mean, you have to tell the court what you did,
and eventually you might be able to do like a
publication notice and say here's what I did, here's why
it's reasonable I didn't find anything, and the court might
authorize you to say, okay, publish the notification in the
newspaper and that'll be good enough. So but you really
do have to put a reasonable effort into it first.
You can't just you can't just decide I'm going to

(01:52:32):
do this notification in a newspaper and that'll be good.

Speaker 17 (01:52:35):
You've got to get the.

Speaker 31 (01:52:36):
Court's authorization to do that, after showing what you've already
done is reasonable.

Speaker 8 (01:52:42):
Okay.

Speaker 5 (01:52:43):
So bottom line is this, you have to go search
for them now that they know they exist.

Speaker 8 (01:52:52):
I mean, that's it, right, Dan, You're right.

Speaker 5 (01:52:58):
So Naomi, we can bring Naomi back, Naomi, because you
brought it up and because now they want to know
about them, you have to make a good faith effort
to find them. And eventually, if you can't find them,
as Dan said, they may allow you to maybe publish
something or to just transfer the house. But until that happens,

(01:53:21):
you're gonna have to notify them. In the meantime.

Speaker 13 (01:53:26):
The count I can't hear anything, Okay.

Speaker 8 (01:53:31):
Is there a reason she can't hear anything. Okay?

Speaker 30 (01:53:37):
You can hear me though, right, people, But she likes
to talk, so that could be part of the reason
why she can't hear anything, because she's always talking over you.

Speaker 5 (01:53:43):
Listen, I'm gonna I'm gonna speak up for you, Okay, Naomi.
You need to make a good faith effort to find
your your siblings or heirs, fellow heirs.

Speaker 11 (01:53:55):
Okay, you hire a company.

Speaker 8 (01:54:03):
I don't know what to do.

Speaker 5 (01:54:04):
Guys, we have a bad connection. Let's just forget it, Okay, Naomi, listen,
we can talk to you off the air. Bottom line
is this Okay, you gotta contact an attorney, okay, Dan McKenzie. Meanwhile,
the county is asking her to fix up or to
do something with the house. What are they asking you
to do to the house, Naomi? Goodbye?

Speaker 8 (01:54:32):
We got more coming up on the Troubleshooter Show.

Speaker 5 (01:54:40):
Go with a sure Thing Denver's Best roofer Excel Roofing
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(01:55:02):
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 three seven one three
talk three all three seven one three A two five five. Don,
Welcome to the show. What's happening?

Speaker 20 (01:55:22):
Don?

Speaker 30 (01:55:25):
What's going on?

Speaker 11 (01:55:26):
Don?

Speaker 5 (01:55:26):
What's happening?

Speaker 6 (01:55:28):
We got a history.

Speaker 30 (01:55:29):
We know each other well enough. I don't know if
you want me to explain how that connection is.

Speaker 8 (01:55:33):
Oh, I don't care.

Speaker 30 (01:55:34):
Go ahead, sir, I've formerly owned the company Don's Garage doors.

Speaker 5 (01:55:39):
Oh man, I miss you.

Speaker 30 (01:55:43):
Well. Thank you for saying so.

Speaker 5 (01:55:44):
No, no, I'm serious, you know. I listen. There are
good times when companies sell and bad times when companies sell.
And I don't know what yours is. We don't get
any complaints. I'm not saying it's a bad thing, but
U but our private I just want to ask you
real quick, our private equity companies.

Speaker 8 (01:56:01):
Don are they buying up garage? Your companies?

Speaker 30 (01:56:05):
Absolutely?

Speaker 8 (01:56:06):
Okay, yes, So how are they doing that?

Speaker 30 (01:56:13):
Well, I'm not entirely sure behind the scenes financing, but
I believe they have, as you know, back coast back
East money, back coast East money, where they have trying
to build a huge corporation and then later sell it.
And that's my understanding is that we we stepped into
the right place at the right time with a good reputation,
and they wanted what we had. So a couple of

(01:56:34):
years ago I sold the business.

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Speaker 4 (01:58:36):
Today, What's up, Everybody? My name is Sammy John.

Speaker 3 (01:58:40):

Speaker 4 (01:58:47):

Speaker 3 (01:58:50):

Speaker 15 (01:59:07):
Searching for trustworthy reviews of TV shows? Everyone's talking about,
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Did at the box office?

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newsletters to get smart exclusive content delivered directly to you.
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Speaker 30 (01:59:36):
Today swear out, And I'm here today to call you
because I've all these years listened to you. Wanted to
thank you, firstly for the benefit of our relationship though
I've gotten from you, so kudos on you as always.
Yeah to say that one of your twenty five year
long running companies on your list, you had said all
these years, I used to listen as to young puff

(01:59:56):
you know, you know when it come their quality of
the individuals that own the bi this and the character
of the company not when things go smooth, but when
things go wrong and the wheels right the wagon and
what does the owner do to fix it? Well, this
is Jay Brett's gett to get huge out of boy
for me, because he's done a couple of roofs for me,
and it's been four or five years now. We had
a particular difficult metal roost to put on the ice

(02:00:17):
demming not a lick of problem since he did, and
there were a few issues and then Jay and was
able to do the right thing by me as the
customer and take care of it. And so I just
thought many times I need to call Tom and let
him know it. That's great to Jay running a wonderful business.

Speaker 8 (02:00:34):
That's great news. It really is. Listen, a quick question,
what are you doing now?

Speaker 30 (02:00:41):
Well, I'm retired, trying to figure out what I should
be doing now.

Speaker 5 (02:00:44):
Okay, Well, if you're counting your money, I could use
some samples, but that's up to you.

Speaker 8 (02:00:51):
Hey, listen, Don, you're.

Speaker 5 (02:00:53):
A smart man. I know you land on your feet,
but I want to make it clear Don's Garage Ers
is still in business.

Speaker 8 (02:00:58):
You just you exited, but it's still in business right.

Speaker 30 (02:01:01):
Yes, absolutely, the line's share of the texts that worked
with me and the people are still working with the
new owners.

Speaker 5 (02:01:08):
Okay, well, thank you very much, don I appreciate it.
Stay in touch and feel free to come in one
day as a common man to say hi to us.
And it's been nic It's been nice dealing with you
over the years. You've done some garage doors for me
as well, so thank you. Three O three seven one
three a two five five. Go with a sure thing

(02:01:36):
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(02:01:58):
home with Remax Alliance three all three nine two zero
sixteen twenty two. Hi Tom Martino, your troubleshooter three all
three seven one three talk three all three seven one
three eight two five five. Welcome to the show. Let's

(02:02:19):
go to go to Brad O'Brien, who's with us today,
I'm going to do some texts. Finally got a break
and calls my goodness, my goodness, my goodness. All right, now,
let's talk about quit claim deeds. A lot of people
talk about quitclaim. Is that a good form of transferring ownership?

(02:02:45):
What are the strengths and weaknesses? Somebody said, why do
I not like quitclaim deeds? And that's really not the answer.
I've never said I don't like them. I said I
don't think they should be used for estate planning. But
can you talk about quit claim deeds when they are apropos.

Speaker 9 (02:03:02):
A quick claim deed is really just a conveyance of
some of the property interest, if you have any. It
contains no warranty of title exactly. So if you're paying
full value for a house, like half million dollars for
a house, you're not going to want to get a
quick claim deed from the seller because there's no warranty
of title. Tell the seller does not warrant to you
that they even own it.

Speaker 6 (02:03:21):
No.

Speaker 5 (02:03:21):
In other words, I've often joked I could write you
a quit claim deed for the joy for the Empire
state building.

Speaker 10 (02:03:28):
Yep. But quick claim deeds are very helpful in cleaning
up title.

Speaker 9 (02:03:32):
If somebody has a prospective claim against a property, you
can't get that released by them giving you a quick
claim deed. For example, if they have a potential adverse
possession claim against your property because they've been using your
property for twenty years, and you pay them some money
to release that, they would give you a quick claim
deed in return. Nextinguish is that adverse possession claim that's

(02:03:52):
not been brought to court yet.

Speaker 5 (02:03:53):
Okay, because it does transfer whatever interest or interest you
have or may have. So therefore, by doing a quit
claim deed, you're relinquishing that so it can clean up
a title. It's not the greatest when it comes to
estate planning at all. You tend to ruin your basis
and other reasons, and you should talk to an estate

(02:04:14):
planning attorney about that.

Speaker 8 (02:04:16):
And it's not good for investments.

Speaker 5 (02:04:18):
People often invest in quit claim deeds or and that's
the worst thing you can do because you don't even
know what you're investing in. You have no idea if
it's the actual property itself or something that someone claims
to own.

Speaker 10 (02:04:32):
Okay, well i'll use it quick claim.

Speaker 9 (02:04:34):
Do you if there's a transfer within a family, like
someone transfers the house from their individual name to a trust,
I think exactly no point in doing a warranty deed
for that.

Speaker 5 (02:04:42):
That's right, that's right. Or you that's right if you're
transferring into a trust, or even from sibling to sibling,
if you want, as long as you don't care about
the inheriting a basis at the date of death, then
it would be better to do a beneficiaries deed, which
is basically transfers to the other person on death right

(02:05:04):
and that person would inherit the basis. Anyway, we have
more coming up on the Troubleshooter Show. I will be
talking about this because I teased it, I talked about it,
and someone texted me about it. It's called the Beneficial
Ownership Information Report, and it's shortened to BOI and people

(02:05:25):
wondering what the hell is it. Well, it's mandatory, by
the way, and the first one ever is due January
twenty twenty five. If you were formed this is entities
formed before January one, twenty twenty four. So if you

(02:05:45):
formed your business this year, you don't have to do it.
I believe, no, no, you do have to do it,
but if it was formed on or after January twenty fourth,
these entities are required to file it immediately, so you
already filed it supposedly. But let me just give you

(02:06:05):
the bottom line. If you have an LLC or a
corporation or a partnership, you must file a beneficial Ownership
Information report.

Speaker 8 (02:06:17):
Now a lot of people are thinking, oh my.

Speaker 5 (02:06:19):
God, what is this. In fact, there are services out
there offering to do it for five hundred dollars.

Speaker 8 (02:06:24):
It took me literally five minutes or less for me.

Speaker 5 (02:06:29):
To do it for Troubleshooter Network, and of course I
had to do it for other companies I own as well.
But that's what you do. You do what's called a
bo I beneficial ownership information and what the government is
trying to do is to keep track of those people
who own LLCs and corporations, not just They don't want

(02:06:53):
to know your registr agent and any shell corporations, right,
that's why they're asking for the actual owner who will benefit.
They want to get to the individuals. So what they
ask is very simple. They want to know your tax
payer identification number, the jurisdiction, the state and the country,

(02:07:15):
the address the mailing address the business. That's it.

Speaker 8 (02:07:19):
It's so easy.

Speaker 5 (02:07:20):
That's it. Now you upload a piece of identification like
a license or a passport or something, or a government
issued ID that it really can be done online and
it can be done in just five minutes or less.

Speaker 27 (02:07:38):
Now.

Speaker 5 (02:07:39):
I know a lot of people they hate doing anything
the government asks for. But you know, in Colorado, if
you own a company, you have to do a periodic
report every single year, and I think they pop you
now for ten bucks on that twenty five what is
it twenty five now for that recurring just oh yeah,

(02:08:00):
and you can do that online. But these are all
just secret. There's no reason why would you have to
do that with the state. They could make it with
the state. So you simply file if you dissolve, or
simply if there's a change. There's no reason to file
every year like that. That's just a way to get
twenty five bucks from every single entity in the entire state.

(02:08:22):
We have more coming up on the Troubleshooter Show three
zero three seven one three talk seven one three eight
two five five Stick around and Doug, we will take
your comment on quick claim deeds coming up. If you
want to hang on go with a sure thing Denver's

(02:08:50):
best roofer Excel Roofing dot com. You don't pay a
cent until you're contentha it time for an insurance check up.
Free obligation 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 you choose Frank durand the real Estate

(02:09:12):
Man dot com to list your home with Remax Alliance
three all three nine two zero sixteen twenty two.

Speaker 20 (02:09:18):
Yeah, rit.

Speaker 5 (02:09:25):
Mad News need advice?

Speaker 13 (02:09:28):
Who you don't have?

Speaker 28 (02:09:31):
Come running a stas as the Camo Shooter's gonna help
coming man, This is.

Speaker 8 (02:09:39):
The Troubleshooter Show.

Speaker 5 (02:09:41):
Now, Tom Martino, Hi, Tom Martino here, Welcome to the show.
Three all three seven one three talk seven one three
eight two five five. Brad O'Brien is with us today
with Olslaw dot com Real Estate Law.

Speaker 14 (02:09:56):
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Three seven He's at seven to zero three seven zero,
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This hour brought to you by one Clear Choice Garage Doors.

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you have a comment on quick claim deeds. We were
talking about quick claim deeds and how they transfer whatever
interest you have in a property, but that can be
no interest so it's not a pure form of ownership.

Speaker 8 (02:13:34):
It depends on the circumstances.

Speaker 5 (02:13:36):
And also we talked about it not being great form
to transfer for estate planning.

Speaker 8 (02:13:41):
Go ahead, Doug, what's going on?

Speaker 20 (02:13:45):
Yeah?

Speaker 27 (02:13:45):
Tom, First, I want to say how thankful I am
for your programs. It's been over twenty five years. I
know that I've listened to you and I've thank you
so much, whether it's cars, roofs, plumbing, whatever. Anyway, my
man is I went through this and I signed with

(02:14:05):
a divorce. I signed a quick claim deed to my
wife at the time, and down the road she quit
making payments. Well, we're both on the loan, so they
don't care. They came after me, right, That's just something
that one needs to think about, right, a.

Speaker 5 (02:14:26):
Quit claim deed. A quit claim deed does not relieve
you of any of your responsibilities.

Speaker 27 (02:14:34):
Great, Brad, Yeah, I should have made sure that the
loan was put.

Speaker 5 (02:14:38):
In her name, you know, right, And most people don't
do that on divorce. They don't do that at all.

Speaker 27 (02:14:46):
No, it's just something you don't think about and then boom,
next thing I know they're trying to they come after me.
So I just thought that was just a little bit,
because I'm sure people go through divorces and quit claim deed.

Speaker 5 (02:14:59):
Right, And that's and I appreciate you saying that so
and thank you so that That's really another thing. When
you when you sign a quick claim deed, you're not giving.

Speaker 8 (02:15:09):
Away any liability.

Speaker 5 (02:15:10):
You're just giving away any interest you have, which is
the worst possible scenario you could do. Right, let's talk
to Margaret. Margaret, what's going on with you?

Speaker 6 (02:15:20):
Well, I my situation is similar to the last caller.

Speaker 25 (02:15:25):
I my husband did a quick claim deed to put
my house on equipment in my name, okay. However, I
wanted to change it to my maiden name.

Speaker 5 (02:15:40):
Okay.

Speaker 6 (02:15:42):
I sent the paperwork down to the city. The city
processed it.

Speaker 25 (02:15:48):
I looked, and it's still under my married name.

Speaker 5 (02:15:51):
Okay.

Speaker 8 (02:15:51):
Let me let me ask you something.

Speaker 5 (02:15:53):
Your husband, your ex husband, he did it over to you, Yes,
and at the time he deeded it to your maiden
name or to your regular marriage Okay. Then, Brad, the
process I think would be quite simple. She would then
fill out a quit claim deed from herself to herself, right,

(02:16:14):
that's right, and changed the name.

Speaker 17 (02:16:17):
In doing so, which I did.

Speaker 10 (02:16:19):
Okay.

Speaker 8 (02:16:20):
And then you did you record the quit claim deed?

Speaker 5 (02:16:24):
Well it was going to be well that's why.

Speaker 8 (02:16:27):
Okay, hold on, when did you send it to the
county to be recorded?

Speaker 25 (02:16:32):
Well, roughly roughly about October?

Speaker 8 (02:16:37):
And did you include a fee?

Speaker 20 (02:16:41):
I don't know what that is, tom money?

Speaker 5 (02:16:44):
Did you pay it?

Speaker 8 (02:16:47):
How did you know how much to pay? How did
you do this by mail?

Speaker 5 (02:16:50):
I looked it up on okay and you literally mailed
in the quit claim deed I did. Okay, It's probably
they didn't get to it yet. It can take sixty
ninety days.

Speaker 25 (02:17:04):
Well, my question is they sent it back?

Speaker 5 (02:17:08):
Oh well you didn't say that part.

Speaker 6 (02:17:10):
Well, I'm sorry.

Speaker 5 (02:17:12):
Why did they send it back?

Speaker 25 (02:17:13):
In witness?

Speaker 6 (02:17:14):
Whereof Uh?

Speaker 20 (02:17:17):
Apparently I was supposed to say.

Speaker 25 (02:17:22):
My married name and then my maiden name. Does that matter?

Speaker 5 (02:17:29):
Of course? It does? See, Well, who's ever home it's
in right now? Okay? Mary Smith is your married name,
let's say okay, and Mary Jones is your maiden name.
So if your husband left it to Mary Smith, mary
Smith is the legal owner. Mary Smith now has to

(02:17:50):
make out a quick claim deed to Mary Jones. And
it does matter where the name goes because the grand
tour is Mary Smith and the grantee is Mary Jones.

Speaker 25 (02:18:06):
So I'll need to redo this whole thing.

Speaker 8 (02:18:09):
It's not a big deal. It takes three seconds, I mean, right,
I know.

Speaker 25 (02:18:12):
That it takes thirteen dollars each time you file it.

Speaker 5 (02:18:16):
Well, hold on, if they didn't file it the recorded
they shouldn't charge you.

Speaker 20 (02:18:21):
Well, I hope not.

Speaker 5 (02:18:22):
Okay, No, I mean, I mean that check shouldn't have
been cleared if they didn't. They usually send the check
back with the deed if they didn't file it. Okay, yeah, no, Margaret,
you're on the right track.

Speaker 25 (02:18:35):
Okay, great, thank you so much for your time.

Speaker 5 (02:18:38):
No problem, Margaret, Okay, let's talk to Mike. Mike, what's
going on?

Speaker 28 (02:18:46):
Hey, Tom?

Speaker 5 (02:18:48):
Simple question.

Speaker 28 (02:18:49):
I have Liberty Health Shares for my health insurance, and.

Speaker 23 (02:18:57):
The doctor's office that we use refuses to give.

Speaker 28 (02:19:01):
Us a receipt for the cash payment services with coding
on it. Are they required to provide that?

Speaker 11 (02:19:09):
As for questioned?

Speaker 5 (02:19:10):
You know, I actually don't know that if they're required technically,
but why the hell wouldn't they? I mean, I don't
even understand that, I know. So what you're trying to
do is take that receipt and send it in to
get shared right, right, correct, and.

Speaker 28 (02:19:26):
They're refusing because they're claiming that we're double dipping, which
I don't understand what that Well.

Speaker 5 (02:19:31):
First of all, what do they what do they mean
by that? And it's none of their business if you
made payment, I know, if you made payment for a
service and you want a receipt for the service along
with the with the the code what I don't even
understand what they mean. What do they mean you're double dipping?
What exactly do they mean?

Speaker 28 (02:19:51):
Did you ask them that my wife was handling this
and that's all that they said, So I just well,
hold on, hold on.

Speaker 5 (02:20:00):
Then that the doctor's office there are a bunch of morons.
First of all, they shouldn't even be concerned. If you're
committing insurance fraud. What I mean by that is this
as long as they're not doing it. If you took
a receipt and you submitted it to three different insurance
companies and got triple reimbursed, that's none of their business.

(02:20:21):
I mean, you're committing fraud, but it's none of their business.
All you want is a freaking receipt.

Speaker 26 (02:20:27):
Just tell them you're going to contact Dora and see
and they'll probably. Uh, capitulate.

Speaker 5 (02:20:34):
Listen, I don't understand, Mike. It just doesn't make sense.
You pay cash for your service.

Speaker 10 (02:20:41):
Right.

Speaker 8 (02:20:41):
I have one more question for you.

Speaker 23 (02:20:43):
I have a friend that was involved in a head
on collision. He was a over the road truck driver.

Speaker 6 (02:20:48):
It was the middle of the night.

Speaker 23 (02:20:50):
It was not his fault.

Speaker 28 (02:20:53):
He was severely traumatized by it. The person in the
other lane just crossed.

Speaker 30 (02:20:57):
Lanes and just slammed right into them.

Speaker 28 (02:21:00):
He quit his job and is basically suffering from like
post traumatic stress syndrome. Whatever. Can you file for workman's
comp for that? He was not injured, it's just mentally distressing.

Speaker 5 (02:21:12):
And was he on the job. Yes, I don't know
if they consider that a work related injury. If he
was traumatized by another driver. I don't really know the
answer to that.

Speaker 23 (02:21:27):
But yeah, we gets on the road with this dead
person for almost an hour.

Speaker 12 (02:21:31):
But tom all they can say no, Right, I'll tell
you what.

Speaker 5 (02:21:35):
Let's get our workers comp. Guy on, Hold on, let's
try to get our workers comp. Guy on, you deserve
a good answer.

Speaker 8 (02:21:41):
Hold on.

Speaker 5 (02:21:42):
You know who we're going to use Kachina. Let's we
have we have some really good people. Workers compensation cliff Enton. Okay,
try to get Entine law cliff Enton on to answer
that quick question and if we can, all right, thank you.

(02:22:02):
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com to list your home with Remax Alliance three all
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you're troubleshooter three all three seven one three talks seven
one three two five five.

Speaker 8 (02:26:55):
Let's go right to uh uh.

Speaker 5 (02:26:58):
Mike has a metal? Was it a Mike has a
medical question? Liberty Health share? So oh wait a minute, yeah, yeah,
what did we conclude on that? I mean, Mike? They
then you had another question. Let's just take your other
What was your other question again? Is he still there?
About is getting workman's comp Tom? Okay, we do have

(02:27:19):
Oh no, I thought we had our attorney on hold on.
We're going to try to get him on. I'll go
right back to you. Thank you, sir. Gif Can you
try to find cliff Enton if you can, he's working
on it. Okay, thanks, thank you, thank you. Okay, then
I'll go to Andy. Andy, go ahead. You have a
question on a question on quit claim deed, and we have,
of course Brad O'Brien with us. Go ahead.

Speaker 24 (02:27:41):
Oh yes, sir, try to make this quick. My wife
myself got divorced in the twenty twenty I signed a
quit claim deed so she could refinance. So she was
in the middle of refinance. Looked like it was going
to happen. She's worried with several companies or whatnot. Neverthe
I signed the deed, I don't know. She never did refinance,

(02:28:04):
so just didn't happen.

Speaker 8 (02:28:06):
And uh just follow Oh well you're on the hook.

Speaker 24 (02:28:08):
Bro Oh everything's good, amicable, but just wondering. Uh, well,
for a while, I'm not even sure if it got
filed properly because she was dealing with this mortgage, So
I was wondering if I could figure out that, And.

Speaker 5 (02:28:20):
Then number came how long ago was it?

Speaker 12 (02:28:23):
How long ago was this didn't pay?

Speaker 24 (02:28:24):
Which will never happen, but I think could I somehow.

Speaker 12 (02:28:28):
Own the house?

Speaker 17 (02:28:28):
Then?

Speaker 6 (02:28:29):
No?

Speaker 5 (02:28:30):
How how old?

Speaker 10 (02:28:31):
How old was this mortgage?

Speaker 19 (02:28:34):
So no, no, I neither.

Speaker 24 (02:28:36):
What if something crazy happened, like she was to pass away,
what would happen then? So anyway, that's a lot, I know,
but I appreciate it if you could.

Speaker 17 (02:28:41):
Help me on that.

Speaker 5 (02:28:43):
Andy, When were you divorced?

Speaker 23 (02:28:50):
Is there a problem there?

Speaker 6 (02:28:51):
Sir?

Speaker 8 (02:28:52):
Sorry?

Speaker 10 (02:28:53):
Is there a.

Speaker 5 (02:28:53):
Problem with pe? Andy?

Speaker 8 (02:28:55):
When were you divorced?

Speaker 11 (02:28:59):
I'm with you?

Speaker 24 (02:29:00):
Know I lost you for one second. I know you're
on live radio. I apologize.

Speaker 8 (02:29:04):
When were you divorced?

Speaker 24 (02:29:06):
So into twenty twenty?

Speaker 5 (02:29:09):
Okay?

Speaker 11 (02:29:10):
And certainly you.

Speaker 5 (02:29:11):
Did a quit claim deed only, but she never refinanced
the house. So here's the here's the mean streets. If
she stops paying, you're screwed and and you don't have Brad.
Does he have a legal right to step in and
redeem and get the house from her if she stopped paying?

(02:29:33):
Go ahead?

Speaker 9 (02:29:34):
No, But it was there a divorce decree that provided
that she had to do something with the house like refinance.

Speaker 10 (02:29:38):
It wouldn't have gotten her name.

Speaker 24 (02:29:41):
No, there was no decree. We were all very amical
about it. We kind of did it on ourselves. It's
in some account it was easy.

Speaker 8 (02:29:46):
All right. So what's the bottom line?

Speaker 24 (02:29:48):
Look at all that no lawyers or anything.

Speaker 10 (02:29:51):
So, no, she's not required refinance.

Speaker 8 (02:29:53):
Okay, she's not, But what if you could.

Speaker 10 (02:29:55):
Have put that in a devortent.

Speaker 5 (02:29:57):
I understand she's not required to. What I'm asking and
is what if she stops paying, he's on the hook too.

Speaker 10 (02:30:03):
Well, Andy is no longer a property owner. He just
is on the debt.

Speaker 8 (02:30:06):
But he still has to pay. That's right, Yeah, but
you have no right to the house.

Speaker 5 (02:30:11):
The worst of all possible scenarios, Okay, if she passes away,
if she passes away, you have no right to the house,
but I.

Speaker 8 (02:30:21):
Still owe the that's right, that's right, you do.

Speaker 24 (02:30:25):
That's very interesting.

Speaker 5 (02:30:26):
That's because it was all amicable, and you can you
can substitute that amicab bull doesn't equal smart.

Speaker 24 (02:30:34):
Yeah, I understand that. I don't feel too smart right now,
but that's fine. I feel like everything's just gonna work out.

Speaker 5 (02:30:39):
Well, well, don't hope everything just works out. Get a
beneficiaries deed at least that will put the house back
to you if she dies, Andy, you.

Speaker 18 (02:30:51):
Need to check to see if she properly recorded the
quick claim. She may not have recorded it.

Speaker 24 (02:30:57):
So that was my other question. And how easily is
done by me just to go to the county and help?

Speaker 6 (02:31:02):
Should I go about that?

Speaker 5 (02:31:04):
If it's so easy to check, you can check online
or you can check with a title company, do an
o any on the property. It shows a list of
ownerships and encumbrances.

Speaker 24 (02:31:16):
Okay, yep, very good, that makes sense. Yeah, that was
one of my first things that I mentioned that I'm
not even sure one hundred percent I think I filed
properly because it was through some mortgage company and this
and that sod they ever actually file it. Or did
they wait until you know? Actually got no?

Speaker 5 (02:31:31):
I understand. Andy. You can always call us back if
you need help, and of course you can call Brad
O'Brien directly seven to zero three seven zero seventy three
eighty eight look for olslaw dot com. Hey, Bill, you
have a question about an inheritance. What's going on?

Speaker 24 (02:31:47):
Bill?

Speaker 6 (02:31:49):
Yes?

Speaker 24 (02:31:49):
Hey, is there a number that I could.

Speaker 27 (02:31:54):
Gift money to my kids the hole for me so
that like in case I die, they don't have to
pay income tax on it?

Speaker 5 (02:32:02):
Okay.

Speaker 8 (02:32:02):
First of all, let me explain a few things to you.

Speaker 5 (02:32:04):
Okay, Bro, forget your kids, you can gift it to me, okay,
and I'll pay all the tax.

Speaker 8 (02:32:11):
Don't worry about it.

Speaker 30 (02:32:12):
Well in return, Bill.

Speaker 5 (02:32:14):
Bill, hold on, let me tell you the truth. There
is no income tax on inheritances. Okay, so you don't
have to worry about it, so you can do it
in a number of ways. You can gift them whatever
amount you want, and there's no inheritance tax. And they're
excuse me, there is an inheritance tax over sixteen something million. Okay.

(02:32:36):
I don't think you have to worry about that right now,
but you can up to sixteen million. You can gift
anyone at any time, not just your kids, and it
doesn't have to be fourteen thousand or sixteen thousand.

Speaker 8 (02:32:49):
That's a misnomer. You can, or a misunderstanding. You can.

Speaker 5 (02:32:53):
You can gift whatever amount you want up to your
lifetime limit, and they will.

Speaker 8 (02:32:57):
Never have to pay tax on it. Okay.

Speaker 5 (02:33:00):
It's that simple. So if you want to leave your
kids money, you can. They'll never have to pay any
tax on it. If you want to leave them, if
you want to give it to them now, you can
give it to them now and they don't have to
pay tax on it. The misunderstanding comes when people believe
they have to limit their gifts to sixteen thousand dollars.

(02:33:21):
They don't, Okay. The only thing that happens if you
give a gift above sixteen thousand dollars to someone is
that the amount above that goes against your lifetime exemption.

Speaker 8 (02:33:37):
That's all it means.

Speaker 12 (02:33:38):
Okay, So okay, thanks.

Speaker 5 (02:33:41):
There's also one other thing. I'll let you go, Bill,
but I'm going to say this for everyone listening. And
the one other thing is this, if taxes have not
been paid on an inheritance and are due, then your
your airrors have to pay the tax. In other words,
if you have a Qualify I plan and you leave

(02:34:02):
it to someone and taxes they were all tax deferred,
they don't have to pay tax on the principle, but
they do have to pay income tax as they pull
it out because taxes were never paid.

Speaker 8 (02:34:15):
Okay, So it's kind of weird, but that's the way
it is.

Speaker 5 (02:34:19):
Or if you had any kind of untaxed or tax
deferred item where tax should have been paid, then your
heirs may have to pay those taxes.

Speaker 8 (02:34:34):
That's the only time that happens. Okay.

Speaker 5 (02:34:37):
So, but it's not it's not an income tax, so
to speak, and it's not an inheritance tax.

Speaker 8 (02:34:44):
We have more coming up on the Troubleshooter Show.

Speaker 5 (02:34:51):
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nine two zero sixteen twenty two. Hi Tom Martine here
three O three seven one three talks seven one three
eight two five five. Do we have Cliff cliff Enton
up right now? All right, Cliff, welcome, ent in law.

(02:35:36):
We love Cliff. Hey man, I haven't talked to you
in a while, and I want to talk to you
about a workers comp thing. And it's a quite simple case.
A guy says that he was in or his friend
but was in an accident and wasn't injured. He was
on the job and he was injured in a car
accident while on the job and he did not get

(02:36:02):
physically injured, but the car swerved hit him head on
or something, and he really now has a post traumatic
stress he's saying, and it's really affecting him on the
road and he can't do the driving and blah blah blah.
Is there any kind of workers comp for that kind

(02:36:23):
of injury?

Speaker 19 (02:36:26):
Yeah, if he can prove the PTSD and it's related
to this, it would be a stress claim.

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Speaker 19 (02:39:35):
And you know he would be able to get benefits,
to be able to get medical care, might be able
to get an impairment rating if you got a mental
impairment rating up to thirty six weeks of temporary total disability.

Speaker 5 (02:39:48):
Okay, if you are in a car accident and you're
on the job, is it always covered I mean car
accident in general, if you're on the job.

Speaker 19 (02:39:58):
Yeah, if you're driving in the course and sco of
your employment, it's a compensable injury.

Speaker 5 (02:40:04):
Whether it's your vehicle or their vehicle. Does it matter?

Speaker 19 (02:40:07):
Absolutely, doesn't make any difference at all. And you might
have a third party claim against the person that hit
you if it's a two. If it's a multi car
accident where somebody who were ends you, for instance, or
a t bone or their fault, then you would not
only have a word comp case, but you'd have the
ability to make an auto accident claim as well.

Speaker 5 (02:40:25):
And we do both of course, right of course. Okay,
And what number do you prefer people call you about
this stuff?

Speaker 8 (02:40:34):
Cliff?

Speaker 9 (02:40:35):
Uh?

Speaker 19 (02:40:35):
Three oh three three three three two two two.

Speaker 5 (02:40:40):
Yeah. I was wondering about that number. It's such a
great number, and I know that she wrote it down here,
and I wanted to tell people that Cliff's been with
us a long time on the referral list. It's three
oh three three three three two two two two. Cliff,
thanks a lot for that quick opinion. We really appreciate it. Okay, Now, Mike,

(02:41:00):
did we cover that or do you have any other
issues with it? Did I ask him the right question?

Speaker 28 (02:41:06):
That was Yeah, that was a great That was a
good answer. I was just curious on his asp. I
have one more question not related to that. It's okay,
pretty simple. Does a person have the ability to get
blood work without.

Speaker 30 (02:41:20):
Their name attached to a beating?

Speaker 28 (02:41:24):
I want I don't want a doctor to know my
my results. I don't want the government to know my results.

Speaker 5 (02:41:30):
Can a person Yes, Yes, you can go get blood
work done anytime you want, would you? I see you
put your name on the label when they say well no, no, no,
your your name's going to go on it whether you
like it or not. Now you can use mickey Mouse
if you want. I guess I don't know. I mean,
but here's the deal. If you're not looking for insurance reimbursement,
and if you're not looking for a doctor's opinion, and

(02:41:53):
you you can go there used to be a lab
called any Lab test now or something. I mean, there
are labs that will that you can just buy blood
work and have the results sent to yourself.

Speaker 28 (02:42:06):
Okay, I'm just curious because, like I said, you know
this day and age, you know, is there a way
to like because like what if what if it came.

Speaker 23 (02:42:13):
Back with let's just say AIDS and the test result, right?

Speaker 28 (02:42:17):
You know, does the government have the right to be
notified that that person was uh at AIDS?

Speaker 5 (02:42:25):
Actually, I don't know of any mandatory reporting at all
about anything. In fact, back when you when they were
take doing COVID test, there was there was no UH.
I don't think they had to report anything.

Speaker 32 (02:42:38):
I had a government uh, you know, test for for
the China virus during that panic period, and I gave
them a fake name and they just gave me a
case number and then I logged into their website using
my fake name.

Speaker 5 (02:42:52):
Yeah, but with blood work with what what are you
suspecting anyway? And can you leave your phone number please?
And your fingerp No, what are you, Mike?

Speaker 28 (02:43:02):
What we have if we're still entitled to privacy? I
was just curious if, of course we are, if our
medical information is going to the federal government without over something.

Speaker 5 (02:43:16):
Hey, doc, do you know? I mean, I don't think
medical information is highly.

Speaker 12 (02:43:21):
Never I've never had to report anything to the government.

Speaker 5 (02:43:24):
Yeah, I don't even know when. Like there might be
extreme circumstances in the past. I don't know, bubonic plague
or something. I've just never heard of it.

Speaker 26 (02:43:36):
Now, what Tom, was that technically on a duy you're
giving your blood alcohol results to uh, a branch of
the government.

Speaker 32 (02:43:51):
Like just give him a fake name and pay with cash.
And be done with it.

Speaker 28 (02:43:55):
I don't know, curious that we were still still in
an age of privacy, that's all. I just really wanted
to know if if you knew, if that you know,
do we still have medical privacy or is are any
and all of that?

Speaker 5 (02:44:08):
I just I just looked up the CDC's requirements. There
are some conditions that that by law must be must
be reported to the Centers for Disease Control. They're called
they're called notifiable. It's n n D Okay, it's called
National Notifiable Disease and Surveillance System, and it's a legal obligation.

(02:44:32):
Do you want to hear what they are? Sure? Anthrax, measles, TB,
hepatitis A B and C, line disease, syphilis, watch out
DOC and COVID nineteen those must be reported.

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Speaker 4 (02:46:55):
What's up, Everybody, My name is Sammy John.

Speaker 3 (02:46:58):
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(02:47:20):

Speaker 15 (02:47:25):
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Speaker 30 (02:47:55):
See interesting, Yep.

Speaker 17 (02:48:00):
I don't know.

Speaker 5 (02:48:01):
I don't know what they report. I don't know if
they report. What's that you?

Speaker 12 (02:48:05):
Apology is in remission?

Speaker 17 (02:48:08):
Oh?

Speaker 5 (02:48:08):
Okay? Do they I wonder do they require though the
names of the of the of the patients or just
or just the the case. That's the thing I wonder.
Let me see, I'm looking further. It says that the
Notifiable Diseases notification includes, Yes, you must have personal information, names, addresses.

(02:48:35):
Oh so they want detailed information on you, brother, if
you have any of those. I never realized that there
were these conditions, did you, guys that had to be reported?

Speaker 32 (02:48:44):
You know, they tracked down like the food poisoning cases,
for example.

Speaker 5 (02:48:47):
Where's that that's not listed here? Food poison.

Speaker 32 (02:48:50):
You just mentioned hepatitis. That's a food. That's a food board. Yes, yeah,
I mean people and they're syrum. I don't know which
one one of them syrum. It's common to get it.

Speaker 5 (02:49:00):
Yeah, one of them dirty food. Born's a B is
with serum and C is non a.

Speaker 14 (02:49:07):
On B.

Speaker 5 (02:49:07):
We don't what is seed with docket they call it
non a and on B, Well, what is it?

Speaker 12 (02:49:12):
It's not a on B. They can't define the age, okay,
ideology of it?

Speaker 5 (02:49:18):
Why syphilis and not gonnorrhea?

Speaker 6 (02:49:22):
Why not?

Speaker 5 (02:49:22):
As I don't know that's that's a good question. I
don't know the answer to this, but those are the
conditions that must be reported to the CDC. Thank you
for calling. Mike three oh three seven one three talk
seven one three eight two five five more coming right up. Hi,

(02:49:43):
Tom Martino, your troubleshooter, Deputy Bow. You have some follow ups?
What's going on? Bow?

Speaker 18 (02:49:50):
Okay, I've got a good final follow up with Chris
in his robotic I bought dog.

Speaker 5 (02:49:56):
From Oh my God. We got to recap this and yeah,
go ahead, Chriss, go ahead.

Speaker 18 (02:50:03):
Well we're from October twenty fourth and D and I
were working on it.

Speaker 5 (02:50:07):
Yeah, and it was a sad story. Seriously, this man
with disabilities could not care for a real service dog
and wanted a companion, and he literally bought a Sony
robot dog one I didn't even know existed, and it's
pretty clever and pretty damn cool. But his was malfunctioning

(02:50:29):
a bit, and he was upset. He spent over three
thousand dollars on him, right, yeah, yeah, well overset or more?
How much?

Speaker 10 (02:50:38):
I think about three and a half or something.

Speaker 18 (02:50:40):
It was thirty six hundred dollars with the toys he bought.

Speaker 5 (02:50:43):
Thirty Wait, will whoa thirty six hundred? Well?

Speaker 18 (02:50:48):
The dog was three thousand and seventy five and I
think the toys were another three or four hundred.

Speaker 8 (02:50:54):
And it's called abo, right, A bot?

Speaker 7 (02:50:56):
Yeah?

Speaker 5 (02:50:57):
A bot or abo? Okay, So Sony was being really
out of this, like weird on this one. They wouldn't
give his money back. What were some of the problems
they had? They said, no, we can't give the money back.
It's non refundable. He said it was. It's it's defective.
Send him another one. They wouldn't send him another one.
They wouldn't give his money back. Why bo? Why were

(02:51:19):
they being such sticklers here, you know.

Speaker 18 (02:51:21):
But that part, I just know they were jerks about it.
They would not send him more and they would not
and then he paid with a paid paler or something,
and then they just absolutely refused a refund in the
red I did not like that.

Speaker 32 (02:51:36):
And then they were and they wouldn't even discuss it
with us. They blocked my number and they said that
they'll want to take calls from me, and then they
won't they take any more calls from the consumer. And
that's when BO had to get into.

Speaker 5 (02:51:47):
So you don't have to give every detail, but what happened.

Speaker 18 (02:51:51):
I'm not going to give every detail. But eventually they
did relent. They did refund his money and they refunded
the restock They were first charge, give him a refund
plus plus a twenty five restocking charge. They waived the
restock charge. They gave him a full refund. Oh, in

(02:52:12):
a form of a check that he wanted. It took
a few months to do, but he's very he's a
disabled vet, fixed income.

Speaker 5 (02:52:21):
He's very happy.

Speaker 18 (02:52:22):
He received the check in full last week. Oh man,
that happened another dog. I asked him, He said no.
I told him he should go to the dumb Friends
League and get a dog.

Speaker 5 (02:52:35):
Yeah, he didn't cheap. That definitely deserves the dinger man. No,
that's a good story. I feel sorry for him. To impression.
Did you get the impression? Maybe he had special needs
of some kind.

Speaker 18 (02:52:54):
He was a disabled vet, and he was lonely and
there was no one in the apartment. He had no friends.
He really wanted companionship.

Speaker 5 (02:53:03):
And I is anyone going out to visit him or
any I mean, like what we ought to ill.

Speaker 18 (02:53:10):
He's a little bit of a talker, but I could
follow up with him.

Speaker 5 (02:53:13):
Well, you don't have to do it alone. We should
keep that in mind. Maybe there's a group. He's a veteran,
Maybe there's people that will look in on him from
time to time where we can keep him in mind
for the holidays.

Speaker 26 (02:53:23):
What about meals on wheels? Wouldn't would he qualify for that?
So at lasia have some contact once a day.

Speaker 18 (02:53:30):
That's a good idea. DOC then he would get you know,
let's keep.

Speaker 5 (02:53:34):
Him in mind. BO remind us as we get closer here,
I mean, we're we're we're the holidays are upon us.
Let's see what we can do for this guy, and
maybe we can get we can get some people who
regularly look for UH and look to help veterans as well.
That would be good. Thank you, BO. That was great.
Well this is the end of the show. Wow, So
let me say o ls law dot com thank you

(02:53:58):
so much for being here. And you can reach Brad
when he's not here at seven two zero three seven
zero seventy three eighty eight. And remember, folks, you can
always reach me at three zero three Martino for anything
that you need for help with consumer problems or investment advice.
Save all your problems for me.

Speaker 1 (02:54:21):

(02:54:43):

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(02:55:46):

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