Episode Transcript
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Speaker 1 (00:04):
Ripped up.
Speaker 2 (00:06):
Needed by who you don't have.
Speaker 1 (00:11):
You come running just as fast as we can.
Speaker 3 (00:14):
Show Shooter's gonna help. Come man, this is.
Speaker 4 (00:19):
The Troubleshooter Show now Tom Martinez.
Speaker 2 (00:24):
Hey, hey, hey, welcome to the show. We are here
to help you. Solve your problems, take your complaints, answer
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O three nine zero four to two thousand nine are
a four to two thousand. Now, what is going on
in the world of insurance or in the world of
(01:27):
home improvements. We have Mark Schmansky with us from Genesis
Total Exteriors, and we have Matt Stanford Paragon Services. Matt
is a let me bring up the camera for the
studio so you can see their ugly mugs. Beautiful shot
in that studio today and welcome guys. We appreciate you
being here. And I want to get right to the
(01:50):
right to the story.
Speaker 5 (01:51):
And that is.
Speaker 2 (01:54):
Our insurance claims to pretty much file Matt. You know
what do we have outstanding insurance claims?
Speaker 5 (02:02):
Are there people that.
Speaker 2 (02:03):
Procrastinate because you only have a year from the date
of loss. It's not the date of discovery of the loss, right,
it's it's literally a year from the loss of Matt.
So have you ever had people time out where the
insurance company says, guess.
Speaker 5 (02:21):
What, you're not covered?
Speaker 6 (02:23):
Well, yes, when it comes to like a fire claim
or a water claim.
Speaker 2 (02:27):
For sure, with hail it's a little easier to massage
the clock on that.
Speaker 6 (02:33):
But yeah, if you have a water claim or a
fire claim, it's you need to get on it because
they are very hardlined on when did this happen? You
didn't file it in time? Tough tuna, right, So, but
with hale. You know, we get so many hailstorms you
can kind of point to one that maybe happened six
months ago instead of the real one that hit a
(02:55):
year and a half ago.
Speaker 2 (02:57):
But you got to be careful and.
Speaker 6 (02:58):
You got to you got to make sure to to
file it timely if you can.
Speaker 2 (03:03):
Now they're they're working on extending that.
Speaker 6 (03:05):
Actually to two years, but we'll see if that shakes
out that I think that would be great if you know.
Speaker 2 (03:13):
So when you say two years, you're talking about two
years from.
Speaker 5 (03:15):
The date of loss. Right now, it is still one.
Speaker 6 (03:17):
Year, right, Yeah, it's one year, and then you have
if there's a dispute, you have two years to you know,
sue them basically, So that's the clock on getting legal help.
Speaker 2 (03:30):
But yeah, to file a claim, it's one year right now.
And in order to file a lawsuit or dispute anything,
you have to have the claim first. You can't just
go and sue them.
Speaker 6 (03:42):
Right, Yeah, you have to file the claim and either
get a denial letter or you know, an estimate that
you feel is underpaid to have. You have to have
something to give the attorney to fight. But yeah, you
have to file the claim.
Speaker 2 (03:54):
First, and bad faith is what insurance companies fear, and
I want to talk about that coming up.
Speaker 5 (04:01):
We don't have to go through it right now.
Speaker 2 (04:03):
Bad faith means that basically, they're not just breaching your contract,
they're kind of like they know they're breaching your contract.
That's what I've always called bad faith in a nutshell
with that, like I said, we'll talk about it more
coming up. Isn't that what bad faith is? They they
know that they're breaching, they do.
Speaker 6 (04:25):
And really when bad faith, normally, when I see that,
a judge you know, agrees it's bad faith and they
pay the travel damages, Normally it's a it's a denial.
They're denying a claim based.
Speaker 2 (04:39):
On what they feel they can stand on.
Speaker 6 (04:42):
It's a little more difficult to go at it from
an approach of well, we just don't think this is
fair and they didn't pay enough.
Speaker 2 (04:50):
That's really hard. I was I was told that Colorado
is one of the easier states to prove bad faith.
So we'll go into that in a minute. Deputy d Tom, I.
Speaker 7 (05:04):
Think you're really going to like this because we're about
to have a very interesting case study that I can
continue to update during the shows. Regarding my own insurance
claim from water damage, and I've just recently engaged Matt
at Paragon Services to handle this claim from me from
the start, and he and Mark Schimansky from Genesis are
(05:25):
going to come over to my home to take a look,
assess the damage, and start the claim process for me.
Speaker 8 (05:31):
So I'm not.
Speaker 7 (05:32):
Looking forward to dealing with the damage, but I am
looking forward to dealing with these two guys.
Speaker 2 (05:37):
So what you're talking about is basically.
Speaker 5 (05:41):
Being denied.
Speaker 8 (05:42):
Oh no, I haven't been denied yet.
Speaker 7 (05:44):
So a couple of weeks ago one so, as you know,
I live in a multi unit building, and a couple
of weeks ago one of the units upstairs from me
sprang a week and it's been going on for weeks,
maybe even months, because it's not an occupied unit.
Speaker 8 (05:57):
And it heavily damaged mine.
Speaker 7 (05:59):
So there are walls that are damaged, one of the
doors doesn't even work properly anymore, the hardwood floors are buckled,
and the tile floor in the bathroom is cracked.
Speaker 8 (06:08):
That's how long this leak has been going on.
Speaker 7 (06:11):
So rather than me starting off with the insurance company
and their profit improvement plans, I just immediately engaged Matt
Services to start the claim for me and handle it
from start to finish. But it's going to be a
big one, Tom. I have to move out. I have
to move back in. My stuff has to go in storage.
It won't be easy to find a replacement temporary housing
(06:31):
because I have two cats, so I need two parking spots.
I mean all that stuff. So Matt stands ready to
do all that in my behalf. Thank you, Matt.
Speaker 2 (06:40):
All right? Three zho three seven one three talk seven
one three eight two five five. Sus, do you want
to talk to me about this text?
Speaker 5 (06:46):
I don't know what it means. No audio.
Speaker 9 (06:48):
Oh on YouTube they're telling me it's a button on
your end.
Speaker 5 (06:51):
Tom. Sure, okay, Well, I'm.
Speaker 2 (06:56):
Doing everything the same as I always have, so I again,
I can't mess with that right this second. I will.
I will get to it if I can. Three oh
three seven one three eight two five five. We're here
to help you solve your problems, answer your questions again.
And I do have a text number and I know
that we can use that as well, So text me
at seven four seven nine fifty two eighty. That's seven
(07:20):
four seven nine nine nine fifty two eighty. All right,
Edna what's going on with you? Edna?
Speaker 5 (07:29):
What's happening? Is Edna there?
Speaker 10 (07:35):
It looked like she hung up. I think she was
the one with Chakuzi. Is that correct? Yesterday? Kelly, the
one had a problem with uh Chacuzzi or what. I'm
not sure she's not.
Speaker 11 (07:46):
Listening, Okay, No, I am listening.
Speaker 2 (07:48):
Okay, go ahead, okay, Edna.
Speaker 11 (07:52):
Send us a contract, yeah, send your email yep, and.
Speaker 5 (07:57):
Hopefully she's calling right back.
Speaker 2 (07:58):
So hang on.
Speaker 10 (07:59):
Yeah, and I looked at it. You remember the Jacuzzi
call Tom. Basically she had it installed, but the pan
size was wrong. Oh and now she wants it redone.
I don't know who is she up? Okay, so Edna
explain the problem again. I have the contract and I
(08:20):
look through it. I remember it from yesterday. But where
are we are? Where are we at with Jacuzzi? They
refused to even contact you back right?
Speaker 12 (08:30):
Well, they have off and on, but they've used many
excuses not to come in and change my pan. They
offered me doors at half priced. Then they offered me doors,
but the installers told me once I put the shower
curtain up, then I would have holes in my shower
if I went to doors.
Speaker 10 (08:51):
Yeah, and occasionally it's leaking.
Speaker 13 (08:52):
Right.
Speaker 10 (08:52):
They were supposed to put in a thirty by sixty.
Speaker 14 (08:57):
Four inch.
Speaker 10 (09:00):
Well, I mean the contract specifies a thirty by sixty.
Speaker 12 (09:05):
On the page four it says thirty by sixty by four.
Speaker 5 (09:10):
Yeah, that's okay.
Speaker 12 (09:10):
Can they put wait a minute, they put a two
inch in.
Speaker 2 (09:14):
It's this shower though it's an actual jacuzzi, right, yes, hello, Okay.
Speaker 10 (09:26):
I don't see by four. But let me look again.
Speaker 2 (09:30):
What I'm looking at the notes here, Mark, I don't
see any notes here on it other than it was
just a jacuzzi.
Speaker 5 (09:37):
Yeah.
Speaker 10 (09:37):
So basically what happens is they put in a pan
that's basically not tall enough, so sometimes it leaks.
Speaker 12 (09:45):
Well, it runs out at the bottom over the pan.
Speaker 10 (09:50):
Yeah, right there, thirty I see because there's a typo
there it's thirty by sixty left drain. Yeah, I mean
it definitely says thirty by sixty by four. What did
they put in a thirty by sixty by two?
Speaker 15 (10:05):
Yes?
Speaker 10 (10:06):
See, I mean this seems kind of cut and dry,
and she's having a problem with it.
Speaker 5 (10:10):
Tom.
Speaker 10 (10:11):
Now, the ironic part is this was all through a
finance company. Did they pay this contractor in full yet. Yes,
I mean, we just got to keep reaching out to
these guys. I mean, they should be fixing this if
they put in the wrong size pan on the contract
(10:31):
it literally says thirty by sixty by four. And when
she's taking a shower, water's leaking out because it's simply
not working because the design she had calls for a.
Speaker 5 (10:41):
Four inch and they only gave her a two.
Speaker 10 (10:43):
I mean it's crazy, but they're not getting back to her.
Speaker 2 (10:46):
Yeah, so what should we do? What do you think, Mark, Well,
who's you got? Who actually installed it?
Speaker 1 (10:51):
Who?
Speaker 5 (10:52):
Who can we actually get?
Speaker 1 (10:53):
Oh?
Speaker 2 (10:53):
It was it was the name of the company I
have here. It was, uh, don't Midway US Bath or something? Yeah?
Speaker 1 (11:01):
Who was it?
Speaker 12 (11:02):
Edna, Well, it's Colorado Living but they called.
Speaker 2 (11:07):
Their wait wait wait, Midwest Midwest Bath.
Speaker 12 (11:10):
Right, Yes, which is a subsidiary to Colorado Living.
Speaker 10 (11:20):
Okay, let's call up Colorado Living then. I mean I
tried that other one. I didn't get any answer. I
don't think did we assign this to anybody? Tom, No,
we did not, Mark, we did not. Let's call let's
try to call them right now. So do you have
your phone number? Let's have Kelly try to call if
we don't get something in the next hour. I think
we give their damn number out and try to blow
(11:42):
these guys up because this is outrageous.
Speaker 2 (11:46):
Got it? Hold on three three seven to one three
talk Mark, if you could do these spots, I'll reboot
the YouTuber right because they're complaining.
Speaker 5 (11:54):
Okay, so we have more coming up on the Troubleshooter show.
Speaker 2 (12:04):
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three nine two zero sixteen twenty two. Hi Tom Martino,
your troubleshitter three oh three seven one three talk three
three seven one three eight two five five. I think
Mark's making some phone calls on Edna's problem. Let's get
(12:48):
to uh Sean and then what we'll do is Uh,
we'll go back to EDNA as well. So, uh, Sean,
what's going on in your life? Sir?
Speaker 5 (12:58):
What's happening? Sean?
Speaker 14 (13:01):
And I just want to give you a just quick background.
I won't get into it. But in twenty twenty, I
bought a twenty twenty one Toyta Corolla from Santanda Bank.
They were the finance company. Okay, I went to go,
I went to go pay it off, and I sent
them twelve thousand, nine hundred dollars. They're saying they can't
(13:21):
find the money in their account, but I got a
confirmation number that they got.
Speaker 2 (13:25):
Sean. How Sean, how much did you how much did
you owe on this loan?
Speaker 14 (13:31):
Fifteen thousand, fifty six dollars.
Speaker 5 (13:33):
And three cents and you sent them twelve nine?
Speaker 14 (13:39):
Yeah, because that's all they would accept at a time,
that that was their maximum. So I figured I'd pay
the twelve nine first and then pay the rent. Got it?
Speaker 2 (13:47):
So wait a minute, what do you mean? How did
you send it? In? What form did you send it?
Speaker 14 (13:53):
I know you're not going to like this. I sent
it a thight, but I got a confirmation.
Speaker 2 (13:57):
No, No, there's nothing, there's nothing wrong with ah. The
problem that can arise with it, ACCH is you put
in a wrong number and it goes to a wrong
account because you know you can't claw that back. So,
in other words, you initiated an ach. I do it
all the time, and I'll send it. You have to
(14:17):
have the routing number and the account number of this
Santander bank, right, and and your specific account. So are
you sure the routing number you had for Santander Bank
and the Santander bank and the account number for your
auto loan?
Speaker 14 (14:35):
We're accurately on there, yes, sir, because they gave me
a confirmation that they received a payment. My problem is
they won't credit it to my account so I can
pay the last two thousand dollars.
Speaker 5 (14:46):
Well why won't they? Why won't they credit it?
Speaker 2 (14:49):
Sean? Do they do?
Speaker 5 (14:51):
They see the money and they refuse to credit it.
Speaker 14 (14:54):
Yeah, Tom, you got to see this one. They're in India, man,
so dealing with India and people.
Speaker 2 (15:01):
Well, how, first of all, how the hell?
Speaker 5 (15:04):
How the hell?
Speaker 2 (15:04):
I didn't even know, Honest to god, I didn't even
know there were banks available that you could get in India.
Speaker 5 (15:11):
Where did you access this totally online?
Speaker 2 (15:13):
Right? Or were you ever in India and thought one day,
I think I want to have an account here.
Speaker 14 (15:19):
I hope I haven't had no problem with the whole
five years?
Speaker 1 (15:21):
Right?
Speaker 2 (15:22):
How can I ask you something? How long have you
had this Santandar bank?
Speaker 14 (15:30):
I've had it for five years?
Speaker 5 (15:33):
How did you find them? I'm just curious.
Speaker 14 (15:36):
When I financed the car, that's that's who they financed.
My credit wasn't that good at the time.
Speaker 5 (15:40):
And who Okay, you have to help me here, who
hooked you up with an Indian bank? Was it in
an Indian car dealership?
Speaker 8 (15:51):
It's it's it's not an Indian bank. I just looked
them up.
Speaker 7 (15:55):
They have six hundred and fifty retail banking offices in
the US. They're they're part of a Spanish bank called
Santander Group. So the Indian part comes from the fact
that he's dealing with customer service people lost the fire
minding them.
Speaker 5 (16:08):
Okay, So it's not an Indian.
Speaker 16 (16:10):
Bank, man, Okay, So you sent you should see you
should see the reviews.
Speaker 14 (16:15):
Online what people are saying. And I got I got
twelve nine hundred dollars hanging up in the airwork.
Speaker 2 (16:20):
No, I know it, man, I know it. That's scary
as hell. So you sent Santander Bank a twelve nine
hundred dollars payment on your car loan? When when did
you actually send it?
Speaker 14 (16:32):
September September thirtieth at seven to fifty seven am.
Speaker 5 (16:37):
Now how do you know that so well? I mean,
how do you know what time it was?
Speaker 14 (16:43):
They sent me a confirmation with all them details on it,
and I got the confirmation number and everything. Who sent
you that about Santander Bank?
Speaker 2 (16:52):
So wait a minute. You said that it was lost
or something. So I don't understand what you're saying.
Speaker 16 (17:00):
They can't find it. They're saying they can't find it,
but they have.
Speaker 2 (17:04):
But they know, but they know that they received it.
Speaker 14 (17:08):
I know that's the problem I'm having. These people are
Indian man, and I talked to them on the phone.
Speaker 16 (17:12):
It's making my chest or okay, I don't know, yuh hey,
the Indian part.
Speaker 5 (17:16):
That's just the customer service.
Speaker 1 (17:17):
Nobody.
Speaker 8 (17:18):
You leave your account.
Speaker 7 (17:22):
And it's still not back right, So your account is
still minus twelve thousand bucks. And you said you sent
her okay, and you sent this on September thirtieth, Yes, sir, okay.
Speaker 2 (17:35):
I don't get it though. If they show him sending it.
Then they say they can't find it. What do they
mean by that?
Speaker 14 (17:44):
I don't know, man, I'm telling you, Tom, I talked
to these people and that they're an Indian.
Speaker 2 (17:49):
But they acknowledge you have something electronically or digitally or
an email or something. You have some kind of receipt
that they received it.
Speaker 13 (17:59):
Yes, sir, what what?
Speaker 2 (18:01):
What form? What is your receipt?
Speaker 14 (18:03):
What form is it?
Speaker 5 (18:04):
Is it a PDF?
Speaker 1 (18:05):
What is it?
Speaker 14 (18:07):
It was a text message and it's got a confirmation number,
it's got the time.
Speaker 2 (18:12):
Okay, cool, cool, cool, hold on. So you got a
receipt of deposit by text message with the verification number.
Speaker 5 (18:27):
So how can they say that they can't find it? Well,
I have it here.
Speaker 13 (18:32):
I don't know.
Speaker 2 (18:33):
And what are they What are they suggesting you do?
Speaker 5 (18:35):
At this point? Are they saying that go ahead?
Speaker 14 (18:39):
They said they put a dispute inser?
Speaker 5 (18:43):
And when did they say they did that?
Speaker 14 (18:47):
This has been going on for since September thirtieth, so about.
Speaker 2 (18:51):
Okay, So what were you going to say?
Speaker 7 (18:52):
D I'm gonna say September thirtieth is known is also
known as only four business days ago.
Speaker 2 (18:58):
So yeah, I guess the money the money didn't go out.
I wasn't looking at it that way. Thanks for putting
perspective on it.
Speaker 7 (19:05):
So look, I mean it went to the bank. It's
going to take some time to process it. I guarantee
you whoever is overseas dealing with customer service doesn't have
real time access to this banking information.
Speaker 2 (19:17):
But yeah, that's what I'm thinking. You know, now that
I've had ACH's, I use Relay Financial online.
Speaker 5 (19:25):
I have about six or seven accounts for them. Great service.
Speaker 2 (19:30):
The thing about it is, though I have noticed, there
is a limbo zone where I will send an ACH
and it'll say ACH sent but not settled.
Speaker 17 (19:42):
Same here.
Speaker 7 (19:43):
So I pay my credit one credit card I have,
I pay the bills online, which is ACH as we know,
and I receive a confirmation email immediately, but I don't
see it credited to my bank account or to that
credit card.
Speaker 8 (19:56):
You're at least a week time.
Speaker 5 (19:58):
I know you're right.
Speaker 2 (19:59):
Sometimes, Hey, listen, have you ever how do you send
your normal payment Sean.
Speaker 14 (20:06):
The same way? The same way? I?
Speaker 2 (20:08):
Okay? And when you send a normal payment just out
of curiosity, do you ever do you ever change or
not change check on them like you did this one.
Speaker 18 (20:21):
Yeah.
Speaker 14 (20:21):
They usually send me a text message and I can
see it. It's audio.
Speaker 2 (20:25):
Okay, here's what I'm asking. Here's what I'm asking. Is
this text receipt that you got on the twelve nine
is it essentially the same as the previous text messages
you got on other payments when you sent them in?
Speaker 15 (20:40):
Yes?
Speaker 5 (20:40):
Okay.
Speaker 2 (20:41):
And does your receipt for the twelve nine actually say
twelve nine hundred, Yes, sir, I would say you're covered
right now for a little while. And I'll go along
with D. I think I think that you wanted to
settle this so quickly. You're waiting for it to clear.
I think it will. But but I'm gonna I'm gonna
mark this for D. Here and what I want you
(21:03):
to do.
Speaker 16 (21:04):
Go ahead, Tom, Can you do one thing?
Speaker 14 (21:07):
Can you?
Speaker 2 (21:07):
Can? You?
Speaker 15 (21:07):
Can you look at the reviews what people.
Speaker 16 (21:09):
Are saying about fantastic, Well, what difference?
Speaker 2 (21:11):
But what difference does that make? Sean? I mean, it's
either lost or not. You have a receipt, you.
Speaker 5 (21:16):
Have a confirmation number.
Speaker 2 (21:18):
It will be, it will be. Look at you have
everything you need, don't get rid of anything. Let's just
give it a couple of days and then we'll call them.
We'll call them for you. We'll get involved, but let's
give it a couple of days. I think your other
payments probably took the same amount of time. You just
never checked on them.
Speaker 5 (21:39):
You've never actually checked on your other payments.
Speaker 2 (21:41):
You checked on this one because you're anxious to get
it paid off so they will credit you twelve nine.
I don't think it's that they can't find it. I
think it's in process.
Speaker 14 (21:54):
Okay, one more thing. Is there any way you can
look at the reviews what people are saying about that bag?
Speaker 2 (22:00):
Oh my god, I'm looking at Do I care about that?
I mean seriously, as Sean, Why do I care about that? Sean?
Speaker 5 (22:12):
No, no, no, no, help me understand, Help me.
Speaker 2 (22:16):
Understand, because you want me to see that they're not
a good bank, right, I'm.
Speaker 14 (22:22):
Just saying what people are saying about I would need.
Speaker 5 (22:25):
A review for a bank.
Speaker 8 (22:27):
Oh, you wouldn't believe.
Speaker 2 (22:31):
I'm a rundown.
Speaker 5 (22:32):
Hold on, I want to give us, give us.
Speaker 7 (22:35):
I'm looking at dozens of nine hundreds of one star reviews,
and it's only because people can't leave a zero star review.
Speaker 2 (22:41):
So I agree with the calling they're saying about it.
Speaker 7 (22:43):
Give me an idea non existent customer service, takes three
days to clear a check, say bad banking app.
Speaker 8 (22:51):
I mean, it's just a ton of complaints, right, But
the point is, uh, they are a crime bank. It appears.
But Sean, I think it's only been a few days.
Speaker 7 (23:00):
You got to give it some more time and you'll
see your payment credited to your account and then never
do business with Santander Bank again.
Speaker 5 (23:07):
Yeah, I think, Shan, what I was trying to get
across to you.
Speaker 10 (23:12):
Wa wait wait, I want to get what I was
trying to say across for for the sake of reality.
I just looked up Wells Fargo on consumer reffairs.
Speaker 5 (23:21):
One star. Who leaves a good review for a bank,
go Mark and has a good company.
Speaker 2 (23:26):
No, Mark has a good point.
Speaker 10 (23:28):
Why are you going to cross company in the world
and they're all going to have bad reviews. People don't go, oh,
they picked up my trash on Wednesday.
Speaker 5 (23:35):
Good job.
Speaker 12 (23:37):
Now you know what? He is?
Speaker 2 (23:38):
Absolutely right, well, kind of right.
Speaker 8 (23:40):
I leave five star reviews for my bank all the time.
Speaker 2 (23:43):
You do.
Speaker 7 (23:44):
Yeah, they asked me every time every time I do
a transaction with him, with.
Speaker 2 (23:50):
Mark in general in general, and I think if we
ask our YouTube morons right now, because that's our instant feedback. Tom,
what's that YouTube morons still can't hear us?
Speaker 1 (24:03):
Well?
Speaker 2 (24:03):
Yeah, they actually, well we we we have verified that
the audio is perfect.
Speaker 5 (24:08):
So some people can't. I can't.
Speaker 2 (24:10):
I can't say why, and and D just checked it
and everything's working perfectly, so I don't.
Speaker 5 (24:15):
I can't, I can't. I can't mess with it.
Speaker 2 (24:18):
I mean, some people are saying it's perfect and others
are saying they can't hear it. So it's not on
this end because if some people are hearing it perfectly,
that's all we can break. Yeah, so right now, here's
the bottom line. Uh and look at the Look at
the comments there, suits look at them, and you'll see
the mixed comments. By the way, we'll talk about electronics
(24:42):
and banks and all that, but Mark really has a point.
I can't think of a reason anyone would go online
and give them an actual positive review, or give any
bank a positive review.
Speaker 5 (24:55):
We have more coming right up.
Speaker 2 (25:01):
Go with a sure thing Denver's Best roofer Excel roofing
dot com. You don't pay a cent until you're content.
Time for an insurance check up free, no obligation. In comparison,
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to seven to one help. You'll think you're his only
(25:23):
customer when you choose Frank durand the real estate man
dot com to list your home with Remax Alliance three
oh three nine two zero sixteen twenty two. Hey Tom Martino,
your troubleshooter three O three seven one three talk seven
one three two five five Back to Edna. I believe
Mark looked into that as well. But here's the bottom line. Okay,
(25:45):
she had a jacuzzi bath put in with Midwest Baths
or something, whatever the hell it was, and she she's
just having all kinds of problems and she's trying to
get some help.
Speaker 5 (25:56):
Mark. What did you find out?
Speaker 10 (25:58):
Well, I talked to somebody over there. They're going to
reach out to me the right person. They escalated it
fairly quick. Then I'll try to conference her on because
she needs to be on the phone with us. But
the bottom line is this, They said they're going to
get it handled. But I had a question for Edna.
Speaker 2 (26:13):
Mark, when you said that, was that the jacuzzi or
the Midwest bath?
Speaker 10 (26:18):
That is the people that installed it for Jacuzzi Midwest Bath.
Speaker 2 (26:22):
Okay, thank you, So go ahead.
Speaker 10 (26:24):
So Edna, if a door right now, you have a
curtain or a door on there, I have a curtain
d if they installed if they would install a door,
and that would fix it. Why would that not be
a good option. That would be a lot better than
having a shower curtain, if you asked me. But maybe
there's something I don't know.
Speaker 19 (26:46):
Yes, I have a very small apartment and I have
to do the drip dry from my laundry on the
shower rod opening to the doors is not big enough.
Speaker 10 (26:57):
Okay, I just wanted to know your reasoning there. But
as soon as I hear from them, I'll reach out
and we'll have a three way conversation.
Speaker 16 (27:05):
Do I need to stay on the phone, No, not
right now, not right now.
Speaker 5 (27:11):
But we will get you.
Speaker 2 (27:12):
We will get you on as soon as Mark hears
from or here's the follow up.
Speaker 5 (27:17):
So thank you for calling, and we'll keep trying to
help you.
Speaker 2 (27:20):
Speaking of baths, and you know, I want to let
people know that we take seriously all complaints and we
had one on Discount bad Deputy bow is working on
Somebody said, what about that one. Uh, we'll check with
Deputy bow on that, but basically, look at it's you know,
it's not impossible that people, even on a referral list,
(27:42):
get complaints. The important thing is handling them and that's
and the important thing is that you have a place
to go. And so anyway, we have Matt Stamford with
us from Paragon Services. We began a little bit about
bad faith. Bad faith is is more than breach of contract.
(28:04):
I've dealt with bad faith many times over the years.
It's when a the way one attorney told me about it,
it's more than just a breach. It's more than just hey,
you know, they didn't follow this letter to the law
or to the contract language, or they didn't do this.
Speaker 5 (28:21):
It's almost like they know it's a legit.
Speaker 2 (28:24):
Claim and they just either delay or deny, and they
just keep putting it off. Matt, can you give me
an example of maybe some bad faith you've run across
in the future, excuse me, in the past.
Speaker 6 (28:43):
Yeah, the one I actually just settled this one a
few months ago. It was USAA.
Speaker 2 (28:49):
This was.
Speaker 6 (28:51):
A water claim and it was kind of the situation
where the homeowner didn't know about the league at first
because it was hidden within a wall cavity, okay, right,
And so their whole thing was, well, you didn't call
it in when it first happened, So we're not going
to cover all the mold and all the stuff that
(29:12):
went off, okay.
Speaker 2 (29:14):
Because they say they say that you had an obligation
to mitigate your damages.
Speaker 6 (29:19):
Right, And and on our side, it was like, well,
who cuts the sheet rock behind their tub to check
on the plumbing, right, that's not reasonable, it's not practical.
Speaker 1 (29:30):
Right.
Speaker 6 (29:31):
So when the leak manifested, you know, months after it
slowly started to drip. You know, now we're talking, Okay,
we've got swollen subfloor and all kinds of water damage
in between upstairs and downstairs.
Speaker 2 (29:46):
So yes, this ended up being like a three hundred
thousand dollars claim. Oh my god.
Speaker 5 (29:52):
So were they denying all of it?
Speaker 6 (29:55):
They were denying about eighty thousand eighty to one hundred
thousand and in coverage. They basically just paid to fix
the leaky pipe and okay, none of the damage resulting
from from them.
Speaker 2 (30:08):
So did you guys actually bring a bad faith lawsuit? Yes,
and it took a well over a year to get it.
But the judge said, absolutely, that's bad faith. Triple wow,
we paid triple are you kidding me? Triple coverage? Yeah?
Speaker 6 (30:26):
And really USAA could have avoided that, you know, obviously
if they would have paid it.
Speaker 2 (30:30):
Holy crap.
Speaker 5 (30:32):
They just continued to.
Speaker 6 (30:33):
Shoot themselves in the foot throughout the whole legal process.
So I'd like to so people don't just run right
out thinking I got bad faith. I'd like to go
through the steps of what you have to do first
before they even want to hear from you as bad faith.
Speaker 2 (30:47):
And again, it's more than just a breach. They must
have really denied or delayed something so legit that any
other person would have said, pay it. We got more
on this. This is really important because I was told
one time buy a law firm, and I believe you
might might have heard of a Matt Something Daily and
(31:08):
Black or Black and Daily or yes, I know them.
They do an extraordinary job, I think, And I don't
know who you use, but I'd like to talk in
general about when do you.
Speaker 5 (31:18):
Pull that trigger?
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(32:03):
Pay too much your coverage at dozens of insurance companies
find out now three all three seven seven to one help.
You'll think you're his only customer when you choose Frank
durand the real estate Man dot com to list your
home with Remax Alliance three all three nine two zero
sixteen twenty two. Hey, I'm Tom Martine. You're a troubleshooter
(32:25):
three O three seven one three talks seven one three
A two five five. Have our guests in the house here.
I don't know if Mark out there yet, but anyway,
we were talking about bad faith, and again this is
a last ditch effort bad faith. I mean I I
can't believe that they don't negotiate at the at the
mere word or the starting of the litigation. Did this
(32:50):
particular one that you guys litigated, And of course Matt
will partner with law firms when he needs to do
the bad faith. Bad faith is where an insurance company
denies or delays a legitimate claim. That's basically it, okay,
And in Colorado, I was told to have a legitimate claim,
(33:13):
you simply need a contractor who is licensed and qualified
to say you have this damage from this storm.
Speaker 5 (33:22):
And Matt, is that basically all it takes yes, yes.
Speaker 2 (33:27):
And no. So they and then that's changing.
Speaker 6 (33:29):
But what happens is you okay, So the contractor is
technically you're quote expert.
Speaker 13 (33:34):
Right.
Speaker 6 (33:35):
And so when the insurance company starts getting their own experts,
that's when you know it's brewing. So if they get
an engineer or they get a building consultant or an
estimator on their own dime, what they're doing is trying
to pay somebody to make.
Speaker 5 (33:51):
This go away.
Speaker 2 (33:52):
Now, let me ask you something. You say, what's changing?
You said, that's changing, Well.
Speaker 6 (33:57):
Well, more and more of these insurance companies are hanging
up the phone on contractors and saying we we we
have no obligation to even talk to you, which is
which brings more to my desk as a public adjuster.
But so it's just it's just there's a shift, and
it's all I my whole view is just Colorado, right.
I can't speak for right California and other places, but
(34:20):
in general, contractors are starting to get hung up on
and I think that a big part of that is
just contractors trying to shoot for the moon with their estimates.
Speaker 2 (34:30):
I want to coming up in the show, I want
to tell people how they can threaten bad faith and
and and just the mere threat have done the right
way could get them a settlement. I also want to
talk about led lighting bids that I've gotten as an experiment.
You would not believe the costs, and what Excel can
(34:53):
do for you.
Speaker 5 (34:53):
All of this coming up.
Speaker 2 (34:56):
Go with a sure thing Denver's Best Roofer, Excel Roofing Dot.
You don't pay a cent until you're content. Time for
an insurance check up free, no obligation. In comparison, call
compass insurance paying too much your coverage at dozens of
insurance companies find out now three oh three seven seven
one help. You'll think you're his only customer when you
(35:18):
choose Frank durand the real estate man dot com to
list your home with Remax Alliance three oh three nine
two zero sixteen twenty two.
Speaker 20 (35:26):
Yeah, rit.
Speaker 1 (35:33):
New you need advice, you don't have a run anxious
as fast as you can.
Speaker 3 (35:42):
Shooter's gonna help.
Speaker 4 (35:44):
Come Man six is the Troubleshooter Show. No, Tom Martino, Hey.
Speaker 2 (35:51):
Tom Martino here, Welcome to the show, the only show
that's kind of anywhere in the universe. We are trying
to help you with your problems. So if you have
a problem, give us a call. We love talking to you.
One of the biggest problems we usually have, not usually
it's a definite is insurance, homeowners insurance, car insurance, whatever,
(36:12):
insurance denying claims. We'll talk to a public adjuster regarding that,
and also contractors who deal with insurance companies. But first
I want to take your calls, as I said, whatever
topic it is, and we'll go with Aaron who has
an issue with a rehabit center. I'm not sure exactly
what that is. Aaron, what's going on with you? Hello?
Erin Hi how's it going, good man? What's happening? How
(36:37):
can we help you? So?
Speaker 16 (36:41):
I was employed with Tribe Recovery Homes of Denver, and
they specialize in rehabilitation and drug and alcohol and they
also have a sober living.
Speaker 2 (36:52):
And it's called it's called Tribe Recovery.
Speaker 16 (36:57):
Tribe Recovery Homes and Services.
Speaker 2 (37:00):
Okay, is it called that because it has something to
do with Native Americans?
Speaker 5 (37:05):
I'm just curious.
Speaker 16 (37:09):
No, it doesn't. It's more like just they're like a
tight community.
Speaker 2 (37:13):
So okay, So what's going on?
Speaker 16 (37:18):
So since about July eighteenth, they haven't been paying their employees,
not at.
Speaker 2 (37:26):
All, not at all at all. Wait a minute, how
do what do they say, you're not getting paid or
we have to delay it, or we're gonna owe it
to you.
Speaker 5 (37:37):
I mean, in other words, they're just not paying anyone.
Speaker 16 (37:42):
Nope. And they've been given us promises and then giving
us paperwork saying that they'll pay at this time, and
you know they'll try to correct.
Speaker 21 (37:52):
Now.
Speaker 2 (37:53):
Is this a nonprofit, Aaron? Is this a nonprofit does
rehab center or is it a regular rehab center?
Speaker 16 (38:02):
It's a nonprofit. And so they they build Medicaid, they
gave grand, okay, like that.
Speaker 2 (38:12):
And did they give a reason for not paying the staff.
Speaker 16 (38:17):
All they keep saying is that they don't have the funds.
But for all the clients that are there, they're still
billing Medicaid, They're still getting money somewhere.
Speaker 2 (38:27):
Goly, this is weird. How many employees are we talking about?
Speaker 16 (38:33):
Well, when I was working there, I stopped working there
September tenth because I couldn't keep going without getting paid.
So during the time when I worked there, there was
twenty eight from what I've heard, now there's twenty five.
Speaker 2 (38:45):
They were God, now are the other are the other
people working free with the hope that they'll get paid?
Speaker 16 (38:55):
Yes, I'm still in contact with some of them and they're.
Speaker 2 (38:58):
Still And what are they What do they say, Like,
what is their reason for going into work every day?
Do they tell you, hey, hey, Aaron, they're going to
come through eventually. What do they think?
Speaker 14 (39:10):
Yeah, that's basically what they say.
Speaker 16 (39:11):
And they say that they keep giving them promises and
then they end up.
Speaker 2 (39:15):
But I mean, but, but, Aaron, it's almost impossible July, August, September,
and now we're into October. I mean, but but for
three months people not getting a paycheck. How are the
people even paying their bills and stuff?
Speaker 15 (39:30):
Yeah, I'm.
Speaker 14 (39:32):
I don't know.
Speaker 16 (39:33):
You know, they have significant others that are helping, but
they're upset about it. You know, a lot of us
didn't want to quit because we like our position.
Speaker 2 (39:40):
We like help tell me, tell me what this tribe.
Tell me what Tribe Recovery does.
Speaker 16 (39:47):
So I worked at the Boulder location, which was actually
shut down two or three weeks ago.
Speaker 5 (39:54):
How many locations did they have two locations?
Speaker 16 (39:59):
They they have two in patient programs, but they also
have sober livings around Aurora and Denver.
Speaker 2 (40:09):
Okay, so they have various locations around the metro area.
Speaker 16 (40:16):
Correct, and we'll have some in Vegas as well.
Speaker 2 (40:24):
D hold on a sag D what do you know?
You're d is looking up while we're talking here. What
do you know? D?
Speaker 5 (40:31):
Well?
Speaker 7 (40:31):
They they had two facilities in the Denver metro area,
one in Boulder, which shut down a couple of weeks ago.
They cite loss of funding, and uh, the one in Denver,
and I'm still not sure if that one is still open.
And they have another facility in Las Vegas of all places.
But our caller says they also apparently operate some other
some other housing options, but I haven't found any reference
(40:53):
to those.
Speaker 5 (40:54):
So he called them. Yeah, yeah, I know what he means.
Speaker 2 (40:57):
They're they're like just sober living places people live together
on the program.
Speaker 5 (41:04):
Does it say anything about their troubles online?
Speaker 7 (41:07):
Yeah, So according to this news article, and it said
that they opened their Boulder facility in twenty three with
a nine hundred thousand dollars one time grant from the
US Department of Justice. And when the startup federal funding ended,
both the city and county to decline.
Speaker 8 (41:23):
To provide ongoing funding. So apparently that's why they shut down.
So it does sound like they're out of money.
Speaker 5 (41:29):
So then, so government grants was their primary.
Speaker 8 (41:32):
Seems like that was their only source of revenue.
Speaker 7 (41:35):
Well, according to this article, but our caller says that
they also build medicaid or medic you know, some kind
of government assistance programs.
Speaker 8 (41:42):
So this article is silent on that part of the matter.
Speaker 2 (41:46):
Okay, So Aaron, what are you calling about today? What
can we do to help you or what what are
you hoping to get accomplished?
Speaker 5 (41:56):
I mean, I don't know.
Speaker 16 (41:56):
I'd like to spread the word on this and maybe
somebody could try to help us employees get paid from them.
Speaker 7 (42:04):
Well, Mark had a really good idea, Mark, didn't you
say called the labor commissioner and just file a claim
with them.
Speaker 10 (42:09):
Yeah, I mean if they went bankrupt that's different. I mean,
unless they're a secured creditor, there's nothing special there.
Speaker 2 (42:16):
So I see a bankruptcy there. We don't I know,
are trying to go ahead?
Speaker 1 (42:20):
Mark?
Speaker 10 (42:20):
Well, I mean he said they went out of business.
I mean, I don't know just one of their facilities.
They shut down, the Boulder facility.
Speaker 2 (42:26):
Yeah, Well, which one of.
Speaker 5 (42:28):
These people work at?
Speaker 8 (42:30):
I don't know where did you work at?
Speaker 16 (42:33):
I worked at the Boulder location. There's a couple others
that worked at the Boulder location. I quit right around
the time after they close that location. However, Well, have
you have.
Speaker 2 (42:42):
You tried the regular labor department?
Speaker 16 (42:45):
Yes, I've already filed acclaim with the Then.
Speaker 10 (42:48):
You've done everything. I mean, if they if they filed
for bankruptcy, that's that could very well be your issue though.
Speaker 2 (42:55):
But Mark, are you seeing a bankruptcy somewhere?
Speaker 17 (42:58):
No, I'm not.
Speaker 10 (42:58):
But if they went out of business and they have
no funding and they're not paying their enployees, right, Do
you see the writing on the wall?
Speaker 14 (43:05):
Yeah?
Speaker 16 (43:06):
Yeah, Well the just the Boulder location shut down. The
one in Denver is still active. The track Center, which
is located on eleven seventy eight Mariposa Street, that's still open. However,
they did allegedly, from what I've heard, put that house
up for sale, but they're still working out of that location.
Speaker 8 (43:29):
Are those people getting paid?
Speaker 10 (43:30):
Sorry, I don't even see it on the call screen
or what's the name of this place so I can
look it up?
Speaker 2 (43:36):
Tribe Regavery Homes, tribe mark as an Indian tribe.
Speaker 8 (43:42):
Do you know if the people on Mariposa are getting paid?
Speaker 16 (43:48):
You know, I don't know all that, but I do
know that a lot of the other employees are going
through the same thing as us, because we are still
in contact with like.
Speaker 5 (43:58):
Some of them, but not all of them.
Speaker 16 (44:00):
Like some of them are like the owner's family. So
I would assume that they're still getting paid, but I'm
not for sure. You know, I don't deal with it.
Speaker 2 (44:10):
No, I know, I understand all you're trying to do.
You're trying to get paid, but you're also trying to
let people know about it. But I don't know what
people can do about it. It's not like a retail
place they can say we're not going to use you anymore.
I mean, it's it's unfortunate.
Speaker 5 (44:26):
It really is.
Speaker 2 (44:27):
We got to figure out how to get people paid.
Speaker 1 (44:31):
We do.
Speaker 7 (44:31):
We have to figure I'm wondering if Aaron, were you
an employee or an independent contractor.
Speaker 16 (44:38):
That was an employee?
Speaker 8 (44:40):
Okay, well you should be able to get paid. What
did the government say when you filed this claim with them?
Speaker 16 (44:46):
I haven't heard anything back from them.
Speaker 8 (44:48):
How long is it been.
Speaker 16 (44:50):
The crazy thing is is that right before this job? Yeah,
I was working out another place they did the same thing. However,
they went out of business. Now it's hard for me
to find them. And I also pobled with the state.
It took them eight months to an assign an investigator
to my case. So I gave that company enough time
(45:11):
to hide everything that was going on, and now it's
hard for me to even find out where the owner
is even apt.
Speaker 2 (45:19):
Well, what do you mean hide things? You don't think
they're not doing this on purpose. They just ran into
financial trouble. What started their financial trouble? I'm curious about that.
Speaker 10 (45:30):
They cut the funding. The Fed's cut the funding they
don't have money anymore, no more.
Speaker 2 (45:33):
The grant ran out, well the grant, No, that was
the one time grant that ran out. I'm talking about
their regular funding, their regular stuff. Mark. Are you just
assuming that because of all these cutbacks that the FED
stopped funding it? I don't know that. I mean, is
there any indication online there, Dimitri, that that their grants
ran out, that that one grant, the one time grant, right, yea,
(45:56):
it was.
Speaker 8 (45:56):
The one time grant.
Speaker 7 (45:57):
It was nine hundred thousand bucks from the DOJA and
they used up that money, right, And that's what they cite,
is there or the article that cites that is the
reason for them having to shut.
Speaker 5 (46:06):
Down, okay, of that facility, Yeah, the Boulder facility.
Speaker 2 (46:11):
So they're still getting patient fees though in the facility
in Denver, right, Aaron.
Speaker 5 (46:16):
That's one of the things.
Speaker 10 (46:17):
And you're wondering what are they doing with the revenue.
I think tribe just manages the homes. They're almost like,
if I'm reading this right, they're more like a property manager.
So they don't own it. They manage the homes. I
don't know who owns the home.
Speaker 2 (46:34):
Well, I think I think tribe might be the five
oh one three C. And I think what they do
is they they get they operate these facilities. You're right,
the actual real estate, I don't think they have anything
at all. I think they're just a rehab place. And
I think Mark, you're right in that probably their government
(46:54):
funding went away.
Speaker 7 (46:56):
Tom, if you want me to, I can call them
and talk about Aaron's payscheck, you know what.
Speaker 2 (47:00):
Or let's call them not to talk about that paycheck,
but call and say, listen, we're trying to get your
side out there as to why. I mean, they have
some freaking twenty eight people that have been working since
July without money. Yeah, let's do that. Let's do a
quick call. I think that's a great idea, just to
see what they say. Look like I said, these places
(47:23):
that run out of money or government grants or they
operate on donations and all of that, they're having a
tough time. And if they are, there's it's not like
they're designing it. You're almost sounding like Aaron, you think
there's something crooked going on, And I'm hearing that is
(47:43):
just another one of these five oh one C three's
having problems.
Speaker 5 (47:49):
Aaron, do you have reasonably there's corruption going on.
Speaker 16 (47:53):
Yeah, so allegedly, like there are certain days like Mondays, Wednesdays,
the day changed the law, but there was money drops
But they're trying to tell us there wasn't enough money
dropped in order for What do you mean.
Speaker 5 (48:10):
By hold on?
Speaker 8 (48:11):
I gotta take a break.
Speaker 2 (48:12):
I gotta take a break. Bro, Bro, you're getting into
territory here, You're not getting paid, You're pissed off.
Speaker 5 (48:17):
Just make some calls. He there's no corruption that I
can see.
Speaker 2 (48:21):
I mean, the damn place is trying to run a
rehab on government funding.
Speaker 5 (48:26):
We got more coming up.
Speaker 2 (48:30):
Go with a sure thing Denver's Best roofer Excel Roofing
dot com. You don't pay a cent until you're content.
Time for an insurance checkup free no obligation comparison call
Compass Insurance paying too much your coverage at dozens of
insurance companies find out now three O three seven to
seven to one help. You'll think you're his only customer
(48:52):
when you choose Frank durand the real estate Man dot
com to list your home with Remax Alliance three three
nine two zero sixteen twenty to I'm Tom Martino, your troubleshooter.
Frank rand the real estate man will do an evaluation
of your home to see what it will sell for.
This market is crazy. Things are selling fast in some cases,
(49:17):
other cases they're sitting for months. Why Frank Durant will
do an analysis of your home and what he believes
it will sell for. And he's the real deal. Frank
durand the real estate man dot com. The analysis comes
with no obligation, but you'll know what you can get
and put in your pocket.
Speaker 5 (49:31):
Three zero three nine two.
Speaker 2 (49:32):
Zero sixteen twenty two Frank randereal estate man dot com. Ronda,
you have a comment on medicade. Now, what is going
on with you? Ronda?
Speaker 5 (49:42):
Real quick?
Speaker 10 (49:43):
Yeah, I found some information out on tribe, so sure
enough they lost that federal funding. But the other thing
is apparently with their Boulder location, Boulder wanted them to
start taking in homeless people or his Boulder calls him
unhoused population on housed, and that is not what Tribe does,
(50:03):
but Boulder really wanted them to start doing that, where
Tribe basically concentrates on formerly incarcerated individuals that can relapse
on drugs and stuff. So they're like, no, we're not
a homeless shelter. But Boulder wanted them to do it,
so they took the people they had there and put
them in the Denver facility. According to what I'm reading.
Speaker 5 (50:26):
Okay, thank you, thank you.
Speaker 2 (50:28):
Ronda.
Speaker 5 (50:29):
What is your comment on Medicaid?
Speaker 21 (50:32):
Well, you know, I go to a lot of treatment
centers to take you in AA meetings, and a lot
of the Medicaid is stopping funding and they're shutting them down.
Speaker 2 (50:48):
Because of the government shutdown or in.
Speaker 16 (50:51):
General, not because of the Medicaid not pay them.
Speaker 5 (50:57):
Yeah, you gotta under you gotta qualify for Medicaid. Now
you can't.
Speaker 2 (51:02):
You can't be so.
Speaker 21 (51:05):
Uh, treatment centers are own Medicaid. Okay, Medicaid is not
funding treatment centers.
Speaker 2 (51:13):
Okay, well stopped it. Well, I don't know if that's true, Ronda,
in all cases that they just stop paying for you're
saying they stop paying for drug treatment and rehab.
Speaker 16 (51:27):
Yeah, a lot of them, not all of them.
Speaker 2 (51:31):
I wonder Listen, we're gonna you know, here's the sad situation.
Speaker 5 (51:37):
Well, I don't know if it's sad or not, but.
Speaker 2 (51:41):
We are going through a period where the government isn't
going to pay everything it used to pay. Now some
people will say that, well, that's mean, you know that
doesn't have a heart, and we need we need really
uh more liberal policies. The government should pay pay for this,
and should pay for that, and should pay for this
(52:02):
and should pay for that. Then there are others who
say the government shouldn't pay for any of the stub
and then there are those in between. Where do you stand, Mark,
We're going to see a.
Speaker 5 (52:10):
Lot I stand.
Speaker 10 (52:11):
Her information is just completely wrong. There's been no no
being serious, there's no broadcuts. I'm reading it right here.
Health First Colorado, which is our medicaid system provide, still provides.
There's been no broadcuts for drug and alcohol treatment period.
End of story. Now there's been changes, like I was
(52:32):
trying to allude to, you got to have prior authorization
as a September So whether or not she got that,
I have no idea. And the enhanced reinforsement is ending.
Some clinics basically saw higher payments and now they don't
like what the state is paying them for it, and
they want more money, and the state's not going to
(52:53):
give them more money. This has been on nine News,
this has been on Fox News. So they're saying we're
not going to take medic anymore. But to say the Feds,
and I don't think she really meant the Feds have
anything to do with cuts here.
Speaker 5 (53:06):
They simply don't.
Speaker 10 (53:07):
The providers want more money, They're not get paid enough,
and they can't afford to operate off of what the
Medicaid payment is.
Speaker 2 (53:16):
Okay, well said, and what I'm saying, what I want
to make a comment. Well, let me take Brian first
and I'll talk about what I wanted to say about
government reimbursements and government funding. Brian, what's going on with
Cherry Creek School District?
Speaker 18 (53:32):
Hey, Tom, I appreciate you taking my call.
Speaker 13 (53:34):
Yes, sir, my daughter is nine years old.
Speaker 18 (53:39):
And she is in the Deaf and Heart of Hearing
program within the Cherry Creek School District. Okay, this year
they seem to be having a real issue with being
able to provide sign language interpreters in the classrooms. Never
had a problem before, but this year there are eleven
children in the Elementary Tree School district that are all
(54:01):
in one school. They have one sign language interpreter for
all five grades and this has been going on since
the beginning of the school year. They hadn't notified even
notified the parents that there was an issue until the
parents started asking, and I just keep getting excuses. I
(54:22):
keep hearing we're doing well.
Speaker 2 (54:24):
Let me ask you, Brian, how it operates in Cherry Creek,
because I'm not familiar with the program. But is your
daughter mainstreamed where basically she does the normal flow and
then there are interpreters where she goes?
Speaker 18 (54:37):
Yes, they have. All of the children go to one
elementary school, one middle school, and one high school within
the district. So my daughter gets bussed to one elementary
school within the district.
Speaker 2 (54:49):
Now I get it. But while in the school, though,
they're following the normal class flow or the normal day.
The only different between your daughter and someone who can
hear normally is that she has an interpreter.
Speaker 18 (55:06):
Yes, and there's two students in her class. There's eleven
throughout the school. But yes, she inn a regular classroom,
has regular instruction. My daughter wears cochlerium plants, which helps
her here. And they estimate that she's picking up about
eighty percent by auditory, and then the interpreter for her
helps her fill in the twenty percent gaps.
Speaker 2 (55:28):
Did they just cold turkey cut off the Have they
just cut out interpreters?
Speaker 5 (55:34):
Altogether. They can't.
Speaker 2 (55:35):
That's I understand. That's what I'm asking. I'm asking why
is calling? Have they been cut out?
Speaker 18 (55:43):
Yes, they basically two days from my understanding, two days
before the school district started their school year. They didn't
like the contract situation with the agencies that they were using,
so they canceled them and not trying to hire. But
now this school school start at the beginning of August.
We're in the beginning of October, and I keep hearing
(56:05):
we're trying. Okay, now this agency is.
Speaker 2 (56:09):
Is well, what happens to what happens to students? Unlike
your daughter, Your daughter's at least getting some what happens
to profoundly deaf people.
Speaker 18 (56:18):
They're just being left behind. There is a teacher or
one of their employees in the high school that has
brought all most of this to all of our attention,
and she has it posted on Facebook. She's not hiding,
and she's saying these kids are being left behind. Are
they're sitting in classrooms and they're not being able to
understand the instructions that the hearing children are being given.
(56:42):
And it came to my attention because my daughter came
home one day and told me I didn't finish a test,
and I said what happened? And she says, I didn't
understand what to do. I did the best I could, Dad,
but I couldn't understand it.
Speaker 5 (56:56):
Look, I called the department.
Speaker 10 (56:57):
I'd call the Department of Education, and this is a
real reason why they should exist, not for that BS
teacher union crap, but to make sure they're following federal law.
I'd reach out for a civil rights complaint to the
US Department of Education, and I would not even mess
around with it. They are mandatory. They have to have
(57:18):
someone in there for deaf kids. Period of ended story.
Speaker 2 (57:22):
Hey, Brian, do you have other parents that would get
together with you, because I think there would be strength
in numbers if a few parents do what Mark said. Oh,
I think that.
Speaker 10 (57:31):
I think who we have in the Department of Education
would love to hear about a Colorado school not following orders.
I think you're in a perfect circumstance to reach out
to them, with or without anybody else.
Speaker 5 (57:45):
But do you think they're not filling the position?
Speaker 2 (57:47):
Brian?
Speaker 5 (57:48):
Brian, what do you think?
Speaker 18 (57:51):
I mean?
Speaker 2 (57:51):
What do you think the reason the real reason is
they're not filling the position? Do you think there's some
kind of real reason lurky somewhere, or is it just
that they haven't found anyone yet.
Speaker 18 (58:05):
I think that they decided that they didn't want to
deal with the two agencies, and from everything that I've
read that included emails from the school district that they
had a problem with their liability insurance potentially workers comp insurances,
I'm not sure about when they're.
Speaker 2 (58:22):
Yeah, but Brian, Okay, hold on, we need someone. We
need someone to call the school. Just hold on, Brian.
I mean, this is as Mark said, this is ridiculous.
It's a flat out federal mandate. We had to take
this break and we'll talk more about it coming up.
Go with a sure thing Denver's Best roofer Excel roofing
(58:44):
dot com. You don't pay a cent until you're content.
Time for an insurance check up free, no obligation. In comparison,
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havn one help. You'll think you're his only customer. When
you choose Frank durand the Real estate Man dot com
(59:05):
to list your home with Remax Alliance three all three
nine two zero sixteen twenty two three all three seven
one three talks seven three two fine five. So Mark,
you have a number for Brian.
Speaker 5 (59:18):
Yeah, I did.
Speaker 1 (59:19):
Let me give you this.
Speaker 10 (59:20):
You got to call up and really go through uh
the steps. But it's the US Apartment of Education, but
it's the Office for Civil Rights who handles this. Make
sure they know it's Denver, Colorado. You're having a problem
with the Denver school District. And I'm really emphasizing that
for multiple reasons. Eight hundred four to two one thirty
(59:41):
four eighty one. This is a real deal. Eight hundred
four to two one three four eighty one. You got
to get moving on that complaint big time. That's a
total no.
Speaker 21 (59:51):
No.
Speaker 10 (59:52):
I don't know what their excuse is. I don't know
why it's not being done. But they're supposed to have
uh someone signing if the people are deaf in the classroom.
I mean, it's pretty straightforward.
Speaker 5 (01:00:04):
Now here's the thing. Do we have enough money to
run this country?
Speaker 2 (01:00:10):
I mean it seems to me like for that man, No,
I know that, but yeah, but it's not a cookie.
I mean, it's not like a fountain that never runs out.
I guess what I admire both, but also fear. Trump
is a businessman, and we've never really had the Business Act.
Speaker 5 (01:00:31):
There was funding cut for this, there's not they're breaking
the law.
Speaker 2 (01:00:34):
Ton No, I'm not talking about you know, I'm just
just let me finish what I'm saying. I'm not telling
you that they're cutting funding. But funding has to be
cut somewhere somehow. And what I admire, what I admire
about Trump is that even though things might be politically harmful,
(01:00:57):
he seems to do it and and and people think,
you know, hey, you know, he has no heart or
he has no soul. There are cuts being made every
day that have to be made. We were artificially funding
too much.
Speaker 5 (01:01:10):
Oh my god, we were going broke, I know.
Speaker 2 (01:01:13):
But the problem with that is when people don't know that,
they just know what they get, they don't know what
it takes to get it. And because of that, they're
used to a certain level of government funding or a
certain level of services. And when we go through some
growing pains right now for stuff that should have been
(01:01:35):
done years ago, you're going to hear people jumping on
Trump for it, and he's actually being, in my opinion,
being courageous by making business decisions.
Speaker 10 (01:01:46):
Absolutely and talk about I just want to stick to
this call real quick. So the reason you wouldn't cut
funding like this, what do you want someone that literally
can't learn anything because of their death. Then they're going
to be on the public trap forever because they never
learned anything. Right, So I mean, this is a good
business decision to fund that, But funding illegal aliens to
(01:02:08):
me is insane when we have people right here that
need help that are citizens. So I just don't understand it.
Like I said, and I wasn't joking around. I bet
they have translators left and right in this school. We
know someone in Is it Washington? No, it's right here.
Where does uh? Where do the Google kids live? The grandkids?
(01:02:31):
Where do they live?
Speaker 2 (01:02:32):
Denver?
Speaker 5 (01:02:32):
Where is there?
Speaker 2 (01:02:33):
Yeah, they're in Denver?
Speaker 10 (01:02:34):
So their school, listen to this. Their school the second
language is English. If they send their kids to the
public school there, the second language is English.
Speaker 15 (01:02:44):
Tom Wow.
Speaker 2 (01:02:46):
So you know, like when you look at the funding
being put into immigration, some of it is necessary, but
it's for when you have undocumented illegal immigration and you're
funding all kinds of programs. You're right, someone has to
go without and We've seen it in Denver where people
are laid off and have no jobs. We're going into
(01:03:09):
the holiday season and we talk about immigrants, but do
we ever talk about the American citizens who lost their
jobs in the city of Denver because of our moron mayor?
Speaker 5 (01:03:21):
Because I mean it's short falls. I mean it's crazy.
Speaker 2 (01:03:25):
Anyway, let's talk to Let's see who was next year,
A Net.
Speaker 5 (01:03:31):
What's going on with you? A Net?
Speaker 22 (01:03:33):
Well, I'm a homeowner in Fort Collins, Colorado, and I've
owned my home since two thousand and three, so twenty
near twenty five years.
Speaker 13 (01:03:42):
Yeah, just round up.
Speaker 16 (01:03:45):
Last year in the fall, I took in a couple
of renters.
Speaker 18 (01:03:51):
Bad mistake.
Speaker 22 (01:03:54):
They paid rent as requested up until May. In April
of twenty my mother passed, so I had been her
hospital and with her and the funeral and all of that.
I was at the lowest point of low. I come
back and was greeted with a protection order against me.
Speaker 16 (01:04:14):
I had to leave my home for twelve days.
Speaker 2 (01:04:17):
I did say, wait a minute, right the law When
you wait, are you talking about renters in your own home? Yes?
Speaker 5 (01:04:25):
Oh so how many renters.
Speaker 10 (01:04:27):
It's a restraining order for? I mean what was it
for what do they say?
Speaker 13 (01:04:31):
It's for.
Speaker 16 (01:04:36):
Assault and battery? I believe it was never proven.
Speaker 22 (01:04:38):
I've never been ticketed.
Speaker 2 (01:04:40):
It's it's all no, no no, because to get it,
to get a temporary protection order, you don't have to
prove anything, you just get it. But it was never
turned into a permanent one.
Speaker 5 (01:04:50):
Was it a net no?
Speaker 8 (01:04:52):
No good?
Speaker 2 (01:04:52):
It's miss good good, And that's what should have happened better.
Speaker 22 (01:04:56):
I'm out of my house. I've got two dogs, you know,
whatever the so anyhow, I go home and the renters
have now become squatters. They refuse to pay rent, they
don't pay any bills, they.
Speaker 16 (01:05:07):
Don't do anything.
Speaker 22 (01:05:08):
Forty and forty three year old men, they're independent.
Speaker 2 (01:05:12):
They're in your personal residence.
Speaker 22 (01:05:15):
That's correct, that I own and pay taxes on.
Speaker 18 (01:05:17):
That's correct.
Speaker 10 (01:05:18):
So if they locked you out, you can't walk in there.
I mean, what are we talking here? You stay there now?
Now that that problem's over, you can live there, right.
Speaker 14 (01:05:30):
A net out.
Speaker 18 (01:05:31):
They boarded up the back door.
Speaker 22 (01:05:33):
I cannot get into my house without breaking.
Speaker 2 (01:05:36):
Well, then you quate a minute, police, Wait a minute.
The protection order was dismissed. You cannot live in your
own home.
Speaker 16 (01:05:46):
You've got that right.
Speaker 2 (01:05:48):
They've actually prevented you. Did they change the locks?
Speaker 8 (01:05:53):
Yes, which I'm not.
Speaker 22 (01:05:56):
Allowed to do as a homeowner. I can't lock people out,
but they can lock me out.
Speaker 10 (01:06:00):
Who Okay, No, all the conversations where I just want
to hang myself.
Speaker 2 (01:06:07):
Hold on, listen, you know, as crazy as it sounds, Mark,
she might have a point there. Hold on, all right,
I'm gonna I'm going to try to get let's try
to get Brad O'Brien on. I think we're going to
be very frustrated with what we hear. I think we're
going to hear that Annette has to go through a
very very very long They're.
Speaker 10 (01:06:27):
Just flying the house by nailing boards into it. This
is a three day notice to quit.
Speaker 5 (01:06:34):
Well, okay, what would you do?
Speaker 2 (01:06:36):
I'm like, I'm asking my listeners if suddenly rumors, you know,
you have people borders in your home that have locked
you out and refuse to leave, and they they're living
there free.
Speaker 5 (01:06:51):
I mean, is this in Fort Collins? Annette?
Speaker 2 (01:06:55):
Did she say, yeah, okay, let's just take a break.
We got more coming right up. Go with a sure
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pay a cent until you're content. Wait time for an
insurance checkup free no obligation comparison call Compass Insurance paying
(01:07:17):
too much your coverage at dozens of insurance companies find
out now three oh three seven seven to one help.
You'll think you're his only customer when you choose Frank
durand the real estate man dot com to list your
home with Remax Alliance three oh three nine two zero
sixteen twenty two. I'm Tom Martino. We're gonna go back
to a net after the top of the hour. She
(01:07:39):
has basically two borders in her home that stopped paying
rent and have now locked her out, and she says
by laws she can't stop or disturb them, and she'll
be arrested. Now, people, we're gonna unfold this after the
(01:08:00):
top of the hour. Right now, I want to go
to SAM, So remember a net is on hold. We
will be going back to a net. These situations pissed
me off so much I can't I can't even describe
the rage I feel when I hear this. There are
forty year old men sitting on their ass. They knew
enough to get a temporary protection order and then they
(01:08:23):
have since locked her out. What's really going to piss
you off? As our attorney's going to say, well, she's
going to have to go through an entire eviction process
and it's going to take months, and meanwhile they're trashing
her home. I shudder to think what would happen if
s Mark shows up at his house and there were
some borders in there and they say, sorry, you can't
(01:08:46):
come in anyway, Sam, what's going on?
Speaker 13 (01:08:53):
Well, thank you for taking uch? Yes, sir? Along these lines,
what do you think the possibility would be to challenge
these municipalities that go into the trash business and then
charge you for not using their services.
Speaker 2 (01:09:11):
Oh, I've heard of that. Well, I've heard of that.
So in other words, in other words, Sam, where is
this happening?
Speaker 13 (01:09:19):
Well, Areva, Broomfield, gold Open Lake?
Speaker 2 (01:09:22):
But what what you know? Are you calling specifically about
your situation?
Speaker 16 (01:09:29):
Well?
Speaker 13 (01:09:29):
Yeah, in Broomfield, you know, they charge you ten dollars
and fifty cents a month.
Speaker 2 (01:09:35):
For are you in?
Speaker 5 (01:09:36):
Are you in Broomfield? Are you in Broomfield?
Speaker 14 (01:09:40):
Yes?
Speaker 2 (01:09:40):
Okay, so you're in Broomfield and you're charged how much
a month?
Speaker 13 (01:09:47):
Ten dollars and fifty cents for not using their service.
I mean, what a business plan?
Speaker 15 (01:09:52):
Wow?
Speaker 13 (01:09:53):
I mean I'd love to go into business.
Speaker 2 (01:09:56):
Now, May I ask something? I want to ask something.
If you did, I'd use the service. I'm not suggesting
you have to. Would the ten to fifty a month
go up for the service itself or would you not
pay anything?
Speaker 13 (01:10:12):
I'm not sure. I assume it would go up.
Speaker 2 (01:10:17):
What are you paying for your regular trash service right now?
Speaker 13 (01:10:21):
I do my own trash service, so I don't I
don't use their trash service.
Speaker 5 (01:10:27):
So you have never had a commercial trash service?
Speaker 1 (01:10:30):
No?
Speaker 2 (01:10:32):
Okay? So have you ever looked at what your neighbors use?
Speaker 13 (01:10:38):
Yeah? Oh yeah, the neighbors use the trash service. But
I know our Vada Golden Well, all these municipalities are
going into the trash business, which.
Speaker 5 (01:10:49):
Is a business.
Speaker 13 (01:10:51):
And then there's charge people. You know, I've got a
home in Arvada. They do the same thing.
Speaker 2 (01:10:56):
All right, This is interesting? Hold on, Sam, what about
at paying for not using a service?
Speaker 5 (01:11:03):
We'll explore this and more coming up.
Speaker 2 (01:11:07):
Go with a sure thing Denver's Best roofer Excel roofing
dot com. You don't pay a cent until you're content.
Time for an insurance check up free no obligation comparison
call Compass Insurance paying too much your coverage at dozens
of insurance companies. Find out now three oh three seven
seven to one help. You'll think you're his only customer
(01:11:29):
when you choose Frank durand the real estate man dot
com to list your home with Remax Alliance three oh
three nine two zero sixteen twenty two.
Speaker 1 (01:11:42):
Rints.
Speaker 15 (01:11:46):
So you don't have.
Speaker 1 (01:11:49):
Come, run in just as fast as we can.
Speaker 3 (01:11:53):
Shooter's gonna help come.
Speaker 4 (01:11:57):
This is the Troubleshooter Show.
Speaker 2 (01:12:00):
Tom Martino, Hey, Tom Martino here, Welcome to the show.
We are here fighting for you when we can sometimes
fighting against you if you're ripping people off. And you know,
I love doing the show and I love helping people.
I love it when a plan comes together, as Hannibal
(01:12:21):
used to say with the A teen. But here's the deal.
So many times I leave the show frustrated, especially when
we're dealing with a problem that Annette had. You know,
Nett's been in our house for years and years. She
(01:12:42):
took in some borders. Just two guys renting two rooms
in their forties and they're renting rooms and all of
a sudden stop paying rent in May. Then they got
a temporary protection order keeping her from coming into her home.
(01:13:02):
That temporary order was dismissed because a temporary order has
to be made permanent within days or it falls off,
it gets dismissed. And in order to make a temporary
protection order permanent, you have to have evidence, and obviously
(01:13:22):
they didn't have any evidence, nor did they have the
legal prowess to make the case. So she figures, I'll
just go home, But no contraire. She can't go home
because they have locked her out, and she is being
told it would be illegal for her to break into
(01:13:45):
her own home and disturb their peace. Now, this is
not like I'm making this up for conversation purposes. This
is not like it's happening in some third world country.
We're talking about Colorado. We're talking about a woman who
(01:14:06):
is now kicked out of her own home.
Speaker 5 (01:14:11):
I mean, think about that.
Speaker 2 (01:14:13):
But I know you're all thinking right now what you
would do, But you probably wouldn't because she'd get in trouble.
Speaker 10 (01:14:20):
Well, she should have posted a ten day notice and
got this rolling thirty days ago, simply for non payment,
and they wouldn't be there anymore.
Speaker 2 (01:14:29):
Yeah, I want to know how easy it's going to be.
We're going to readdress this coming up.
Speaker 10 (01:14:34):
Well, she said for nonpayment. Nonpayment, according to Brad, is
the easiest. That's one of the few reasons you can
evict someone fairly quick in Colorado.
Speaker 2 (01:14:42):
Still, and apparently something with squatters makes it even quicker.
Speaker 10 (01:14:47):
And I'd love to see the least she had is
a least for the entire property or for a room.
Speaker 5 (01:14:52):
Is there actually a lease at all? Yeah, that's what
we're going to find out. We're going to read it.
Speaker 10 (01:14:58):
We find out it's an ex boyfriend that possibly fixed
up the house and she hasn't paid it.
Speaker 2 (01:15:03):
Oh, there's two guys. There's two guys, and we will
get to the bottom of it. And now we're talking
to Sam, and Sam brings up something that really sparked.
Speaker 5 (01:15:15):
A lot of texts.
Speaker 2 (01:15:16):
People are just pissed off about this because they're living
in similar situations where the municipalities have gone into the
trash business and that's not you know, and and let
me tell you why they're doing it, Okay.
Speaker 5 (01:15:31):
Why they're doing it.
Speaker 2 (01:15:33):
It's it's like the West out here is Johnny come
lately back East. Every municipality offers trash service. You can't
get private trash service, you just it doesn't exist. So
right now, municipalities out here, cities and towns and counties
or whatever a municipality, they decide to go into the
(01:15:57):
trash business, they want times and dates uniform. They want trucks.
They don't want trucks from five different companies going to
five different neighborhoods at five different times.
Speaker 10 (01:16:10):
They want understandable, especially during winter with snowplows.
Speaker 2 (01:16:15):
Sure, and it's understandable when you consider that there are
so many people. You could have one neighborhood with four
different trash services. And cities you know, which are you?
You're the city, you are the city council. You know.
So if you live in that city, like Sam lives.
(01:16:35):
I believe Sam or you're talking about Broomfield. He lives
in Broomfield. He's being charged ten to fifty a month
for not using the city's trash service. So the alternative
is to use it and to get your money's worth.
Speaker 10 (01:16:51):
Technically, what you said is their entire argument, which has
been upheld.
Speaker 5 (01:16:56):
I think it was through a Boulder or Aspen case.
Speaker 8 (01:16:59):
Here's a go.
Speaker 10 (01:17:00):
But they're not charging what he called an opt out fee. Uh,
they're charging a utility fee tied to everybody.
Speaker 2 (01:17:09):
That's exactly right. It's a minimum it's a minimum monthly charge.
It's it's not an opt out fee or for not
using it. It's not a penalty. If you ask them
or their city attorney, they will tell you it's the
minimum fee.
Speaker 5 (01:17:28):
Period. That's all. There's a base fee.
Speaker 13 (01:17:31):
So I understand that. But can you go into a
business where you charge everybody a minimum fee?
Speaker 5 (01:17:43):
Of course, of course not.
Speaker 2 (01:17:45):
You can't. You can't, No, no excuse me. There can
be businesses who have a minimum fee. In other words,
all that happens all the time. If you do business
at certain plumbing supply houses, certain places, they have a
minimum fee. Now you're not charged. You're not charged the
minimum fee if you don't go into the store. But
(01:18:08):
in your case, this is not sam. In your case,
this is not a store you're walking into. It's a
municipality you live in with other citizens, and they have
all in essence, voted to have a minimum utility fee.
Speaker 10 (01:18:27):
It's just like when you get your tax bill for
your house. I don't care if you have kids or not.
You're gonna pay the school district stuff. You have no
benefit there. You're forced to pay that fee.
Speaker 5 (01:18:38):
Or that tax.
Speaker 2 (01:18:39):
I'm not telling you I like it. I'm not Sam,
We're not telling you we like it. I mean, no,
it does suck. But it's a minimum service fee for trash.
They have, as Mark said, they have service fees so
to speak, for school districts, they have fees for fire protection,
they have fee ease for everything. But Sam is looking
(01:19:02):
at this as a business. It's not a business. It's
a municipality. Municipality mutually owned by everyone and therefore they
share in the expenses. There was a time to make
an argument with city council not to have this, and
I imagine some people showed up and they were opposed
(01:19:24):
to it. But it's a minimum fee and atally, honestly,
what it is is a tax.
Speaker 10 (01:19:29):
But here's the problem. They're not allowed to raise taxes
in Colorado. So what Denver in all these municipalities now
do they call it a fee? And it has gone
through our court systems. It's a shady way of screwing
the people.
Speaker 2 (01:19:45):
It's a it's a way of raising taxes without raising taxes.
Speaker 5 (01:19:49):
That's exactly right.
Speaker 2 (01:19:52):
They simply has gone I think.
Speaker 10 (01:19:55):
With the Asiden, I pulled up court precedent on it.
The Colorado Supreme Court up held a similar fee in Colorado,
and that was Colorado Union of Taxpayers versus City of Aspen.
Aspen started charging everybody for wastewater services, everybody that lived there,
and eventually the court ruled it's constitutional and it is
(01:20:18):
a reasonable fee, not a tax, because they're not allowed
to do that, Sam, because it's the community, Sam, in
realistic terms, And really, I understand how frustrated you are.
Speaker 2 (01:20:32):
We get calls from people like you all the time,
and I say, like you, it's like me, I agree
with you in spirit. I don't like all of these fees.
So here's the deal. I think they should have service
fees for people who use a service, but I don't
(01:20:53):
believe they should have minimum fees if you don't use
the service. But they're allowed to do it. So if
you want to to take this, you're not going to
go beyond the Colorado State Supreme Court. You're never going
to go beyond that. The US Supreme Court would never
take this. They will never take it. So as far
as you're going to go is the Colorado Supreme Court,
(01:21:15):
which has decided on a minimum fee already. But however, however,
if you wanted to do that to bankroll this to
the Colorado Supreme Court, and I'm not trying to I'm
just trying to be a wise guy, it would be
a minimum of about three hundred and fifty thousand dollars.
I just asked Ai. I asked Ai what typical fees
(01:21:38):
would be, and to take this from one court to
another to another and get to the Colorado State Supreme Court,
you're looking at about three hundred and fifty thousand dollars. Yeah.
Speaker 13 (01:21:49):
Well, if this is true, and obviously you're saying it is,
and the courts have held it up. What we're dealing
with the socialism right, just because I mean, the pality
goes into a business, they can charge everybody and you
can't do anything about it.
Speaker 2 (01:22:05):
They can charge a minimum they can charge a minimum
minimum fee.
Speaker 1 (01:22:10):
Yes.
Speaker 10 (01:22:11):
And by the way, it has gone to the Supreme Court.
The court upheld a New York County ordinance and of course,
like Tom said, everywhere back east is the same way
and someone has sued same exact thing we're talking about.
And it was a six to three decision and it
is constitutional. So it's already been there. There is nowhere
(01:22:32):
to complain but to God.
Speaker 5 (01:22:35):
Yeah.
Speaker 2 (01:22:36):
And here's the thing. When you say socialism, you make
it sound shocking. First and foremost, we have many, many, many,
many systems in America that are socialists. Many, I mean,
and I'm not saying that in a negative way. Our
school system is socialism. The way it's funded and run.
(01:22:56):
Our treash service in municipalities you're mentioning our sewer and
water system is socialism. It's spread out amongst all people.
And so it's not shocking to me when you say
care healthcare, Medicare is socialism. Is socialized.
Speaker 10 (01:23:16):
Got anything you buy through the exchange for health care
is Yeah.
Speaker 2 (01:23:21):
Being socialized simply means that society shares in the expense
and you have no individual choice. Sam, you think this
just started? For God's sakes, I mean, how old are you?
We have so many things that.
Speaker 5 (01:23:39):
Are socialized in America.
Speaker 2 (01:23:42):
Our government isn't, our our economy in general isn't. But
there are many aspects that are socialized.
Speaker 5 (01:23:50):
And that's it.
Speaker 2 (01:23:52):
I mean, you know, does that shock you?
Speaker 13 (01:23:56):
I understand, Tom, and you know the last year and
for State Senate when that's surprised you try, you know,
because one of the things I ran on is these fees.
Speaker 2 (01:24:10):
You know.
Speaker 13 (01:24:12):
Hard to these that's taxation without representation.
Speaker 2 (01:24:17):
It absolutely is not. It is absolutely not taxation without representation.
The representation is the city council who voted it in
the city council, was.
Speaker 10 (01:24:28):
Voted in by the voters. It is absolutely not right.
Here's I don't know if I agree with you on that.
I mean, really the Gallant not Gallagher, but what is it?
Tabor Taber pretty much says they're not allowed to raise
taxes without putting it on a ballot. And their way
around it was simply creating a fee. I think it's
(01:24:50):
phony baloney.
Speaker 2 (01:24:51):
Okay, But but they created a fee with elected officials.
It wasn't a bureaucrat sitting in an office. That is
what is taxation without representation. Now you may not like
that they're taxing you and they're calling it a fee,
but you can't say it's without representation. You can vote
(01:25:12):
out the city council. They are your representatives, and where
you live, you have a council person for your area. Look,
I mean, you know, do people getting people don't get involved.
I agree with you, Sam, but but you know we
have these we have these sayings. We say socialism and
(01:25:32):
taxation without representation, and and.
Speaker 5 (01:25:36):
It is a tax.
Speaker 2 (01:25:37):
It is a tax. They call it a fee and
they can rightfully do so according to the Supreme Court.
Speaker 5 (01:25:43):
You know, I mean I don't know what else we do.
I mean we individually, go ahead.
Speaker 13 (01:25:51):
I appreciate your you know, your explanations and no, and.
Speaker 2 (01:25:55):
I agree with your frustration. Look at right now, technically,
right now, for right now, the law has been set
where municipalities can set fees. The way to stop that
is to get rid of the set to the city
council that does it. But there will still Here's the thing.
(01:26:19):
You get into office, you think you're going to do something,
and then you find out you can because it's impossible.
By the way, have you noticed, Sam, I have to
take a break. I was going to ask you if
you notice the trust service of your neighbors and stuff
and how is it working out?
Speaker 5 (01:26:37):
But I have to take a break. We have more
coming right up.
Speaker 2 (01:26:44):
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Waterpros dot Net three zero three eight six two five
five five four. Now let's talk about this squatter thing.
I am getting so many texts about what people should
do about it. This, Yes, this frustrates us. We'll have
our attorney on. But it's only going to be more frustrating.
You know, this minimum fee for trash, it's frustrating. You
(01:28:27):
know what about you know you work at a recovery
center and you're not being paid anymore, and you haven't
been paid for months. What about a bank that tells
you that your electronic transfer has not shown up and
yet the money was taken out of your account. You know,
it's a wonder we can do this show and walk
(01:28:48):
away feeling good. I mean, it's it's sometimes and there
is nowhere else to go. So you come to the show,
and we do have people behind the scenes working on
this stuff. But think about coming home one day and
you're locked out of your house and you are not
(01:29:09):
allowed to break in or to unlock, or to move
to go back into your home. The borders that you
have had declared it their own and have locked you out.
Speaker 5 (01:29:22):
They've locked you out. You're done.
Speaker 2 (01:29:25):
So what areas of the law do you use? Well,
there are expedited evictions, we're told, and we'll talk to
Brad O'Brien, our real estate attorney coming.
Speaker 5 (01:29:36):
Up somebody else.
Speaker 2 (01:29:38):
Here are some other suggestions people are making that you,
as the owner of that home, are not obligated to
keep the electricity on, or the water, or the heat
or any part of it. So they would contact utilities
and have everything turned off. You're not acquired.
Speaker 5 (01:30:02):
To keep this on.
Speaker 2 (01:30:03):
But then there are other people saying when I look
that up, that you could be in trouble. It would
be considered self help or self eviction, meaning that you're
trying to take matters into your own hands.
Speaker 5 (01:30:17):
Which is not allowed. So you would have to file.
Speaker 2 (01:30:22):
I think one of the quickest things is under the
new law, filing for nonpayment. But she's got to get
this show on the road. Not only that they're wrecking
the home. And here's the real rub. When they leave
the house, eventually she gets her home back, there's no
one to go after. They're not going to have any
(01:30:44):
money to pay her back. When does something civil become criminal?
When should it be criminal? Can't we can't we restore
common sense into the law. I mean, the reason things
are called civil in this matter is because they don't
want landlords taking advantage of people, and so we have
(01:31:06):
laws in place. But then what about when people take
advantage of landlords or people not even landlords or property owners.
I have said this before. You can come home from vacation,
and I don't care who you are or how you
think it won't happen. You can come home from vacation
(01:31:26):
and be locked out of your home from someone who
claims that you rented it to them. You can absolutely
be locked out and there's nothing and if you try
to take matters into your own hands, you can be
arrested for it. It can happen.
Speaker 5 (01:31:44):
So what do you do.
Speaker 2 (01:31:47):
You live with it, You use the courts.
Speaker 10 (01:31:50):
Yeah, she's got to start the eviction no matter what
you know. They might be allowed to change the locks.
But if they didn't, for example, give her a key immediately,
then they did break to rules and an eviction should start.
If they haven't paid, the eviction should start.
Speaker 1 (01:32:06):
Now.
Speaker 2 (01:32:06):
Jay's got a comment, Go ahead, Jay, what is your comment?
Speaker 17 (01:32:13):
Yes, sir speaker there so, I don't know where this is,
but they've got new laws in Colorado where you can
have like a million people renting your house. If they
rented this to say fifteen extra, say, oh really, aggressive bikers.
It didn't like people very much, you know, wink wink,
(01:32:37):
you know.
Speaker 2 (01:32:38):
Jay, I think you know someone else has suggested that,
and it doesn't sound so far fetch. You could rent
it out and give other people legal rights to have
that home, but they'd have to break in.
Speaker 5 (01:32:51):
That's the part that gets troubling.
Speaker 17 (01:32:54):
Well, once they have a legal rental agreement, aren't they
entitled to a key?
Speaker 5 (01:33:00):
Well, but they've changed the locks. They've locked her out.
Speaker 14 (01:33:05):
Well that you're not allowed to do that.
Speaker 2 (01:33:08):
What do you mean you're not allowed to do that,
but they did it.
Speaker 15 (01:33:11):
Well, don't stop.
Speaker 17 (01:33:12):
No, but there's no lease on her that allows you
to change the locks. So they broke the lease right there.
Speaker 10 (01:33:17):
No, no, no, no, that's not true unless the lease
actually says you cannot change the locks.
Speaker 5 (01:33:24):
And I don't even know if she has the lease.
Speaker 10 (01:33:26):
They are allowed to change the locks, but they have
to give her a key, like really quick.
Speaker 17 (01:33:32):
See, so she can get a key.
Speaker 2 (01:33:36):
She can Okay, Look, she was told she can't gain
access to the house. She'd get in trouble without going
through she she doesn't even know what her situation is here.
Here's the point. The point is the laws are not
set up for law abiding people.
Speaker 5 (01:33:58):
They're set up for some back around them.
Speaker 2 (01:34:01):
Well, of course you do. I don't know.
Speaker 5 (01:34:03):
I don't disagree with you. I don't disagree with you.
Speaker 17 (01:34:07):
You make a stupid law I find to work around.
Here's the thing you're locking me out with.
Speaker 13 (01:34:12):
No key.
Speaker 17 (01:34:13):
I'm the owner of the house. I'm the landlord.
Speaker 2 (01:34:15):
You owe me your key, or let me let me
ask you something. Let me let me ask you. I
really want you to think about this and not just
give a knee jerk response. If you came home one
day and there were two people living in your home
saying that you rented it to them, and they refuse
to let you in, what would you do?
Speaker 5 (01:34:33):
Be honest here, what would you do?
Speaker 2 (01:34:34):
Are you talking people you actually rendered it to or
just complete No, I'm talking about too random. I'm talking
about too random strangers that occupy your home and claim
that you rented it to them.
Speaker 5 (01:34:47):
I'd kill them.
Speaker 18 (01:34:49):
I would.
Speaker 4 (01:34:49):
I would.
Speaker 5 (01:34:50):
Uh, Well, you wouldn't kill them, Mark, But what would
you do?
Speaker 2 (01:34:53):
Jay?
Speaker 18 (01:34:53):
I would?
Speaker 5 (01:34:54):
Okay, what would you do?
Speaker 1 (01:34:55):
Tom?
Speaker 10 (01:34:55):
I'd be afraid they're in there. They're going to hurt
my children, hurt my wife.
Speaker 5 (01:34:59):
They're in my Hea, I don't know.
Speaker 2 (01:35:00):
What I mark. I don't know. Honest to god, I
don't know. I mean I know, I know we say
what we would do, but really think about it. Okay, Jay, Okay.
Speaker 17 (01:35:10):
No needtion.
Speaker 5 (01:35:13):
Hi, What would you do?
Speaker 17 (01:35:15):
I would assume that they are threatening me if I
come into my house, and therefore I would let them
make my day.
Speaker 2 (01:35:23):
Would you pull a gun on them and tell them
to get out.
Speaker 17 (01:35:27):
I'd pull a gun on them. If they didn't, I
would kill them.
Speaker 5 (01:35:31):
I think most people would.
Speaker 17 (01:35:32):
Man, I really do too.
Speaker 2 (01:35:37):
Okay, you mean so far? I mean you know, listen,
things have gotten a lot better than they were. I
mean under under Biden, it was there was no law.
I mean everybody what was happening Biden and newsome my god.
In California people still live in fear. Celebrities live in
fear because anybody can can squat on their property. That's
(01:35:58):
why they had these giant gay and all of that,
because once they squat, they're there for a long time.
Hold on, Jay, I'm not Jay. Thank you for your comments, Shay,
And I know you say make my day. You'd walk
into your home there are people there and you say,
oh my god. You know you know they're intruders. They're invaders,
(01:36:19):
and I don't know. I don't know how it would work.
I don't know, and I'm not professing to have the answers.
In fact, every day, every day, things come up on
this show that frustrate the living crap out of me.
And I think that common sense, common sense has gone away.
(01:36:40):
It's not like it used to be, where it was
just common sense. You don't break into someone's house and
claim you live there, and if the owner came back,
you're in trouble. You know the police would come and
kick your ass out of there. We got more coming
up on the Troubleshooter Show. Go with a Sure Thing
(01:37:00):
Denver's Best rufer excel Roofing dot com. You don't pay
a cent until you're content. Time for an insurance checkup
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(01:37:22):
Real estate Man dot com to list your home with
Remax Alliance three oh three nine two zero sixteen twenty two.
Speaker 5 (01:37:36):
Hi Tom Martino.
Speaker 2 (01:37:39):
Three O three seven one three talk three O three
seven one three eight two five five.
Speaker 5 (01:37:45):
Okay, we have with us in the studio.
Speaker 2 (01:37:48):
Mark Schamansky, Genesis, Tootalexteriors dot Com. Matt Stanford from Paragon Services,
a public adjuster who helps people with insurance claims. Mark Schamansky,
you want to ask a question. Have you come across
stubborn insurance companies where you know something has been damaged
in the storm and they simply refuse.
Speaker 5 (01:38:10):
To cover it.
Speaker 9 (01:38:11):
Matt and I deal with this on a daily basis.
Matt's sitting right next to be laughing, So, yeah, we do.
We just had an interior remodel. Yes, just those persons
at the house started on fire, and so we were
going through and you know, putting our house back together,
and you know, just things that were right next to
the fire, the boiler that got damaged.
Speaker 5 (01:38:32):
You know, they had to repair all the parts.
Speaker 9 (01:38:33):
But then it's like, you know, the boiler just needs
to replaced because it you know, it's it's affected by
by the heat from the fire. And yeah, they just
fight non stop, just give up more things and more
things for you to keep producing for them, for them
finally say yes.
Speaker 5 (01:38:51):
Do they finally say yes to replace the boiler or
no they never did. It was all the parts that
we replaced, that was it. And how much did they
save by replacing all the parts and not?
Speaker 9 (01:39:01):
Yeah, the boiler itself would have been forty thousand, and
so all the parts came to about eighteen.
Speaker 5 (01:39:06):
So there's a sub st and you're talking to an
adjuster through this, right, you.
Speaker 9 (01:39:11):
Know what The crazy part two is, Matt or Matt Tom.
These people were living in a house and there was
a hire and home and so they're rental was seven
thousand dollars a month. They would argue things with us
for a couple of thousand dollars that hey, if we
got this done, they can move back in, and they
would argue it and pay another month's rent. It just
didn't make sense.
Speaker 2 (01:39:30):
Hey, Matt. So when it comes this is a good
point when it comes to repairing or replacing, where do
you draw the line?
Speaker 5 (01:39:40):
Wait, when does it become stupid?
Speaker 6 (01:39:44):
Well, with something like a boiler, I would have an expert,
you know, run testing on it and say this, this
has been compromised. When it's something more along the lines
of trying to piece meal together, you know, maybe a
water heater something like that. You know, you just you
get got a weigh the costs essentially, so you get
(01:40:05):
to a point where you're, all right, we're going to
replace ABC component.
Speaker 2 (01:40:08):
That gets to yeah, but how do you demand that
it be replaced? Is what I'm saying, as opposed to piecemeals?
How do you demand that of the insurance company if
you have a jackass adjuster.
Speaker 6 (01:40:20):
Usually when I run into that situation, I bring in
somebody who actually works on whatever component we're looking at,
so I can say it all day long. But I'm
not a plumber, right, I'm not a technician. If we
have somebody with a reputable company on their letterhead draft
a letter saying this is unreasonable to repair needs replaced,
that usually gets to do.
Speaker 5 (01:40:40):
And that is the essence. That is the essence of
bad faith.
Speaker 2 (01:40:45):
Is a legitimate claim that's delayed or denied what is
considered legitimate. They could say, let's just say this boiler.
They could say, wait a minute, the boiler's perfectly good
and can be repaired. And then you'd have to get
an expert to say the opposite, right, right, And it
comes down to if they say it's it's okay and
(01:41:08):
it can be repaired.
Speaker 6 (01:41:09):
Okay, prove it, because I guarantee you their adjuster doesn't
know anything about a boiler.
Speaker 2 (01:41:13):
He's just trying to get this thing paid.
Speaker 5 (01:41:15):
And if they can't prove it, that's considered.
Speaker 2 (01:41:18):
What I heard is in Colorado, if you have just
one licensed contractor, it could be unreasonably denied if the
other if the insurance company does not recognize a licensed contractor.
Speaker 6 (01:41:33):
For the most part, that's true, but like I mentioned
earlier in the show, today, some contractors, you know, they
shoot for the moon with their pricing, and the insurance
company is going to push back on that.
Speaker 2 (01:41:42):
So that's why it gets a little sticky. Well, yeah,
you need an honest contractor to not someone that's gonna
milk it. And again, it shouldn't be down to price.
It should be down to replacement or repair. And then
then you go out and find the best price you
get authorization to replace. Listen if you have any questions
(01:42:03):
on filing claims insurance or otherwise, or general construction. Of
course with Mark Schamansky, he's here, and anything else on
your mind. Three oh three, Martino, go with a sure thing.
Denver's best roofer Excel Roofing dot com. You don't pay
(01:42:24):
a cent until you're content time for an insurance check
up free, no obligation. In comparison, call Compass Insurance. Pay
too much your coverage at dozens of insurance companies find
out now three oh three seven to seven to one help.
You'll think you're his only customer when you choose Frank
durand the real estate Man dot com to list your
(01:42:44):
home with Remax Alliance three oh three nine two zero
sixteen twenty two. Hi Tom Martino here at three O
three seven one three talk three zero three seven one
three eight two five five souh in threatening bad faith?
(01:43:08):
Does it move mountains? Do they take that seriously? I
was told that.
Speaker 5 (01:43:16):
Again, the burden of proof is not much.
Speaker 2 (01:43:23):
To make a legitimate claim. It simply has to be
assessed by a licensed contractor in the area of expertise
or in the area of damage, and then the insurance
company really has has no choice. And I think insurance
(01:43:47):
companies push when they don't think people know this, And
I think you probably have found this man, haven't you
Have you found Sometimes just your mere presence when you
start talking to them, they might think they might change
their tune and meanwhile, the homeowner has been fighting for
(01:44:07):
something for a long time.
Speaker 13 (01:44:09):
Yeah.
Speaker 6 (01:44:09):
Usually when I get involved, they tend so a lot
of times they'll reassign the claim to a completely new adjuster.
And I think that their strategy behind that is they
want a fresh perspective and they know that beyond myself
is likely an attorney on speed dial, so they try to,
you know, play fair in most cases. I noticed that
(01:44:32):
now sometimes an insurance company just doesn't care. I threaten Okay, well,
let's let's negotiate this and if not, I'm gonna get
my attorney involved, and they go, okay, cool, bring it.
And those are typically the big boys, right like State
Farm All State. Some of the more boutique insurance companies
are a little bit easier to massage, right, like the Hartford, Chubb,
(01:44:56):
Amica Acuity. Those are those are my favorites, and they're
they're lot easier to deal with.
Speaker 2 (01:45:01):
Someone just texts me what exactly is bad faith and
how do they start it? And do they have to
go through a process first. The answer is yes, there
is a process, and we will explain that from the
base up, you should not be denied legit claims and
we'll tell you why and how to tackle that.
Speaker 5 (01:45:19):
Coming up, Go with a.
Speaker 2 (01:45:21):
Sure thing Denver's Best roofer Excel Roofing dot com. You
don't pay a cent until you're content. Time for an
insurance check up free, no obligation comparison call Compass Insurance
paying too much your coverage at dozens of insurance companies
find out now three O three seven seven to one help.
You'll think you're his only customer when you choose Frank
(01:45:43):
durand the real estate Man dot com to list your
home with Remax Alliance three oh three nine two zero
sixteen twenty two.
Speaker 1 (01:45:58):
News. That's who you don't have.
Speaker 3 (01:46:03):
Come run in Chess as the cab Shooter is gonna help.
Speaker 4 (01:46:08):
Come Max is the Troubleshooter Show. No Tom Martino.
Speaker 2 (01:46:16):
Till I'm Tom Martino. Welcome to the show. This hour
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Speaker 5 (01:47:04):
What is going on in your mind?
Speaker 2 (01:47:06):
On your mind today?
Speaker 1 (01:47:07):
And what do you have?
Speaker 2 (01:47:08):
I have some text here from people who say they
believe they're the victim of bad faith, but they've never
heard the term before and they don't know how to
use it. One has a roof that has to be
replaced and as part of it the roofer notice bad
decking and Mark Shamansk you can explain what decking is
(01:47:32):
the wood underneath right, and they say you're decking needs
to be replaced. But the uh, the insurance company is saying,
while you might have storm damage to the roof, the
decking is due to old age. God, how would you
make a distinction there when when the storm brings out
(01:47:55):
something Okay, wow, you need a roof. But now when
you get into it you find you have an aging
decking or was it destroyed or was it made bad
by the storm?
Speaker 9 (01:48:06):
Guys, I tell you that that's a tough one because
the most likely the reason for the bad decking is
poor ventilation. You know, it's the number one cause of
bad decking underneath your shingles. And so if they had
bad uh, you know, ventilation, then all a sudden you
just tear the shingles off and you see it's really soft,
and it's like, okay, now we got to layer on
top of this, and hey, mister insurance company, will you
(01:48:26):
pay for this?
Speaker 2 (01:48:27):
You don't know, which that's not gonna happen.
Speaker 5 (01:48:29):
In most cases they're.
Speaker 2 (01:48:30):
Just oh, really no, and they'd be and they would
be justified in turning it down, is what you guys
are saying.
Speaker 6 (01:48:37):
Yeah, I've seen it a few times where the hail
was it really was big enough and dense enough that
it damaged the decking under the shingles.
Speaker 5 (01:48:45):
But that's so rare.
Speaker 6 (01:48:47):
There was actually, if you remember the Cheyenne Mountain storm
of five six years ago, grapefruit size hail went through
My god, all the way through into people's living room.
Speaker 2 (01:49:00):
That would scare the living hell out of it. You
don't imagine how.
Speaker 5 (01:49:04):
Do you run from it? You know, So that that's
just so rare.
Speaker 6 (01:49:08):
So back to the decking thing, there is such thing
as plank decking, which was used in the mid nineteen
hundreds and before. If you have plank decking, the insurance
company will replace it with new decking if it's got
the I think, what is.
Speaker 5 (01:49:25):
It a quarter inch gap?
Speaker 9 (01:49:27):
We need at least more than a quarter inch gap
in the in the quarter you know, on the planking.
And then we just lay on top of it, you know. Yeah,
we don't pull it off.
Speaker 5 (01:49:34):
We just lay on top of it.
Speaker 8 (01:49:35):
And you put your singles on top of that.
Speaker 2 (01:49:37):
All right. Someone said they have a deck and during
a hailstorm and associated winds that their roof was destroyed,
and a contractor mentioned their deck, the decking on their
deck is really scarred and needs to be replaced. The
adjuster said, this is structurally fine. Sand it and paint it.
(01:50:02):
Mark Schmansky, what about that.
Speaker 9 (01:50:04):
We've we've ran into this before where the insurance company
actually paid us to sand the duck down, and then again,
and then got to the point where now you're all
the saying you're dealing with the structural capabilities of the
duck because you're standing it so far down, plus all
your screw heads are sticking up right, so it's not
worth it. And so then they end up paying us
to replace the duck boards.
Speaker 2 (01:50:25):
This is back before we're looking at in this case.
In this case, they're not they're not moving. They're saying, no,
you sand it down, and they're even saying you may
have to unscrew it. And I mean after you sand
it down, you may have to put new screws in.
I mean, this gets to be labor intensive. At what point, Matt,
(01:50:45):
do you say this is ridiculous? And could it be
bad faith? In other words, it's paying a partial claim
bad faith? Or is it when you when you deny
the whole claim. I understand that if you pay part
of a claim and you've and you've unreasonably denied the
full claim, that also can.
Speaker 5 (01:51:04):
Be bad faith.
Speaker 2 (01:51:05):
Yes, that would qualify too.
Speaker 6 (01:51:07):
So, and I'm putting my attorney hat on now obviously
not offering legal advice. But when I do make a
call to the attorneys I work with, I say, hey,
I've got this claim. They underpaid it, and that's all
they need to know that they underpaid it or unreasonably
denied it. And if they underpaid it, we need to
know what they should have paid, which comes from a contractor.
Speaker 2 (01:51:29):
Okay, or they delayed it too. Delaying could be a tactic. Yes,
now someone okay, so bad faith is bad. Somebody wants
to know about bad faith? Is it a claim you
can make with cars as well? The answers yes, any
insurance contract can have bad faith. Bad faith is basically
(01:51:49):
where you have a contract and an agreement. You know,
you have a contract and an agreement, and you knowingly
are delaying or knowingly denying.
Speaker 5 (01:51:59):
Something that should otherwise be covered.
Speaker 2 (01:52:01):
It's not like you have a real legit I mean,
you don't have a legit reason for it. That's why
it's bad faith. In other words, good faith would be
what do we use here? Do we have to replace
the entire roof or just half of the roof? That
could be just what is that's good faith meaning we're
(01:52:24):
not sure. Bad faith would be you know, we're not
even sure you have any damage at all?
Speaker 5 (01:52:32):
Would you say that? Mark something like that?
Speaker 2 (01:52:34):
Because there are legit times when you have to prove
your case or you negotiate with the insurance company. Then
there are other times they're unreasonable. The law says they
have to be unreasonably denied or delayed.
Speaker 9 (01:52:48):
Well, it's funny because I think of Siri because Siria
was a caller, really had on here, you know, months ago,
and Matt and I both worked on it, and I
walked it first with a jester and it was just
ridiculous what he was saying.
Speaker 5 (01:52:58):
Nope, nope, nope.
Speaker 9 (01:53:00):
And then okay, come on, Matt, you got involved in
this one because you get to say things I can't say.
Speaker 6 (01:53:05):
Ye, right, And I think ultimately that one they never
did acknowledge the damage, did they They did? They pay
for half well and they So here's what they're doing now,
Tom is they're they're using these storm dates to manipulate
the thing too. So they'll say, all right, well this happened,
the hail on this roof looks like it was two
inchil We don't see any record of two inchail within
the last year, therefore not covered so right, because you
(01:53:29):
only have a year to file a claims, So they
might look out a roof and say, well, we'll cover
some of the damage because it was recent, but there's
some damage on there from previous storms, right.
Speaker 9 (01:53:40):
Right, That happened with Suri and so yeah, she had
some big damage. But then there was a storm that
was a year and a half old for three quarter
in jail and they say, well, we're not find those hits.
Speaker 5 (01:53:49):
So it was it was a weird one.
Speaker 2 (01:53:51):
And how do you how do you set the date
of loss? That is what someone else asked.
Speaker 5 (01:53:57):
How do you know? You know you have damage, but
how do you know the date of loss?
Speaker 9 (01:54:02):
There's records that we can go back to as companies
that actually keep this data for us, and.
Speaker 2 (01:54:07):
We just put you actually have data that a certain
neighborhood was hit by hale.
Speaker 9 (01:54:12):
Yeah, you put it in an address and tells you
the last time there was hale and how big it
was and really.
Speaker 2 (01:54:19):
And so then if and that can work against you too,
right for example, because if.
Speaker 9 (01:54:24):
There was yeah one in Conifer, three year old hale
and it was bad, the house is beat up and stuff,
but they never called in a claim, and I mean
they approved it and then they denied it.
Speaker 2 (01:54:33):
Right, And so that's that's why it's important, guys, isn't
it important? Mark If there is a storm, or you
think there was a storm that could have hurt you,
or you even feel like you could have been impacted,
you at least get it checked. You never call your
insurance company first, right, Yeah.
Speaker 9 (01:54:52):
You can call matt or Genesis, which everyone first, and
then we'll go do it inspection and let you know
if you should call a claim.
Speaker 5 (01:54:59):
Do not call in insurance company.
Speaker 2 (01:55:00):
First, right, So what you do because if you call
an insurance company, whether they pay or not, they counted
against you just the mere fact you're inquiring about it
counts against your clue report and you become known as
a higher risk Trust me.
Speaker 5 (01:55:15):
That's true, by the way.
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find out now three oh three seven seven to one help.
You'll think you're his only customer when you choose Frank
durand the real estate Man dot com to list your
home with Remax Alliance three oh three nine two zero
sixteen twenty two. Hi Tom Martino here three oh three
(01:56:51):
seven one three talks seven one three eight two five five.
Speaker 5 (01:56:55):
Someone said, you know, Tom, that guy to.
Speaker 2 (01:56:57):
Talking about socialism doesn't know what the ell is is talking.
You don't know what the hell you're talking about when
you're talking about communism. So let's just clear that up.
And I looked it up, so so I mean it's
no secret. I'm not taking this out of my head.
Communism is basically where the government controls all means of
(01:57:23):
production period factories, and they own all the land, and
it's all owned collectively by the government, which is presumably
the people, but many times it's the political party that's
in control.
Speaker 5 (01:57:41):
And it seems a lot like it's not commonly owned.
Speaker 2 (01:57:46):
But supposedly the ownership and wealth is shared equally amongst people,
but a lot of people in communist systems say it's
basically the alig arts and the and the party leaders
that benefit. That's what communism is how people criticize it.
(01:58:09):
Socialism is a private ownership and markets, but the government
controls them and also owns big parts of the free
market sector like healthcare, energy, medicine that would be socialized.
(01:58:32):
They have some private ownership, but even in private ownership,
the means of the prices and all of these distribution
and everything is again controlled by the government. Fascism is
basically authoritative, very dependent on a personality, and they have
(01:58:59):
a nationalists authoritative system and basically control every aspect of life.
There is no private ownership and they just control everything.
Of course, you know, we've always heard people calling Trump,
you know, a fascist. He's saying he's a fascist, he's
(01:59:19):
a dictator. And that's where you get dictators is under fascism,
under communism, they're not.
Speaker 5 (01:59:26):
Really a dictator.
Speaker 2 (01:59:27):
They're a party leader, and it looks a lot like
a dictator though, and in socialism it sounds more friendly.
Socialism is where America, if you had to pick a system,
is where America leans in common ownership of key aspects
or common distribution of like medicare.
Speaker 5 (01:59:50):
Okay, that's a socialized system.
Speaker 2 (01:59:52):
Whether you like it or not, it is, and there
are different kinds of systems, but it's it's a capitalistic
society in general. Now, just so we know where we're
we're not having a political discussion. But some guy had
mentioned he didn't like the minimum service fee being charged
(02:00:13):
by Broomfield for trash pickup, and he said he didn't
use it, so he said it was socialized.
Speaker 5 (02:00:19):
That's why that discussion happened.
Speaker 2 (02:00:21):
Roy, You want to talk about your roof, go had Roy.
We got the experts in time to do it.
Speaker 15 (02:00:28):
Yes, sir. So another year ago we got damage on
the roof from wind and hail and we had so
we followed our claim and we had a estimator for
doing roofs come up from He was out of Denver,
and he didn't you can tell you damn enough parents, really,
because he went right along with the Gester and saying that, oh, yeah,
(02:00:51):
there's just not enough damage. You can't prove it. There's
enough damage from the storm and everything, and I've got
missing tiles. And since then, I've I've had two contractors
come out and look at my roof and they're all
they all agree the fact that there's damage and that
the tail damage is enough to get the repair that
are actually replacement done on both my house and my
(02:01:14):
roge pro shop. And uh, they will not send the
adjuster out again. Insurance, Roy, I.
Speaker 2 (02:01:21):
Want to ask you a question or two. I want
to ask you a question. On the first time around
this inexperienced roofer, did the insurance agree to any repairs
at all?
Speaker 21 (02:01:32):
No?
Speaker 5 (02:01:33):
None, They said there's not enough damage or no damage.
Speaker 15 (02:01:38):
Because there's not enough damage.
Speaker 2 (02:01:40):
Well what see?
Speaker 5 (02:01:41):
What not enough damage?
Speaker 2 (02:01:43):
I don't even know what that means? Not enough damage?
But but they said there was some damage.
Speaker 15 (02:01:51):
Yes, and you know, like I said, I'm missing Kyles
and I'm missing no.
Speaker 2 (02:01:55):
So okay, Roy, if there was some damage, why didn't
they pay some money? Why would they say they're not
going to pay anything?
Speaker 15 (02:02:05):
Exactly, That's that's the thing.
Speaker 2 (02:02:07):
Well, Well, exactly did you ask him that? Did you say,
wait a minute, even if there's only a little damage,
or are you going to pay for a little damage.
Speaker 15 (02:02:17):
We've been in contact with their insurance so many times
just trying to get them.
Speaker 5 (02:02:21):
Do you have the denial letter that could help?
Speaker 15 (02:02:25):
A denial letter?
Speaker 5 (02:02:28):
Do you have one?
Speaker 15 (02:02:29):
I'm sure, yeah, I'm sure I do.
Speaker 5 (02:02:30):
All what's your deductible? Do you know how your deductible is?
Speaker 7 (02:02:35):
Oh?
Speaker 15 (02:02:35):
Man, I want to say, it's like something like that.
Speaker 2 (02:02:41):
So they're probably saying, they're probably saying your damage doesn't
amount to the deductible. But here's my bigger question, and
I think it's Roy's question, and this is for Matt. Matt,
if you had the adjuster come out and you didn't
like what you heard, you can have it reevaluated.
Speaker 5 (02:02:58):
Don't you have a certain timeframe?
Speaker 2 (02:02:59):
He put in a.
Speaker 5 (02:03:00):
Claim it's alive, doesn't he When did the mount Roy?
Speaker 15 (02:03:07):
When they come out? You broke up to say, again.
Speaker 5 (02:03:11):
When did the adjuster come out? When did this happen?
Speaker 15 (02:03:15):
This happened last year, last that summer, or I'm not
quite sure what the exact dated it was last year and.
Speaker 5 (02:03:24):
You might have waited too long.
Speaker 2 (02:03:26):
Well listen once he puts in a claim Matt, does
it go away in a year or what what happens?
Speaker 6 (02:03:32):
It'll it'll go inactive, or they'll close the claim after Really.
Speaker 2 (02:03:37):
Kenny reactivated as long as he contacted them within the
first year, Kenny reactivated.
Speaker 13 (02:03:44):
Yes.
Speaker 6 (02:03:45):
The clock usually starts when they offered their determination. So
whatever date is on their denial letter or their estimate,
whatever they put together, the clock starts there.
Speaker 5 (02:03:54):
So you know the clock for how long? The clock
for how long? For a year?
Speaker 6 (02:04:00):
And then beyond that, you would it might be beneficial
to just file a newer acclaim with a newer storm
In this.
Speaker 2 (02:04:07):
Situation, we just have to see the dates we need.
You know, if you could send over what Roy, if
you can get your denial letter, it's going to be key. Okay, okay,
So let me get this straight.
Speaker 15 (02:04:20):
They want they would not.
Speaker 2 (02:04:22):
Well, well, Roy, Roy, it might be beyond the statute
of limitations and they know it. That's why. So we
need to see you.
Speaker 10 (02:04:30):
But wait, wait, wait someone, if they deny it, why
would they come back out is and now the balls
in your court? How do you once they say we're
not going to do anything, what did they have to
come out every week and tell you again?
Speaker 2 (02:04:44):
Yeah?
Speaker 6 (02:04:44):
I mean usually in this circumstance, I would get photos
and an estimate put together, send it over to the
insurance company and say you got this wrong.
Speaker 2 (02:04:51):
We want this reevaluated. Yeah, but here, but I want
to go over I want to go over those I
want to go over those timeline in a second. So
people are getting confused. Some guys said, I thought you
only had a year from data loss. That's to repair,
that's to file the claim. But there are other deadlines
to reopen stuff. Hold on, we'll go after that and more.
(02:05:14):
I'm Tom Martino three O three seven one three A
two five five Go with a sure thing Denver's best
roofer Excel Roofing dot com. You don't pay a cent
until you're content. Time for an insurance checkup free, no obligation.
(02:05:35):
In comparison, call Compass insurance paying too much your coverage
at dozens of insurance companies find out now three oh
three seven seven to one help. You'll think you're his
only customer when you choose Frank durand the real estate
Man dot com to list your home with Remax Alliance
three oh three nine two zero sixteen twenty two. Hi
(02:05:56):
Tom Martino, you're a troubleshooter. Okay, so I want to
I want to ask Matt some this is really important.
So you have one year from the date of loss
to file a claim. Once you file that claim, have
you don't have to keep it within the year if
you protest it or fight it, or the appraisal process,
(02:06:17):
or or you want to get you involved.
Speaker 5 (02:06:21):
How much time after they come out and look at
it do you have?
Speaker 2 (02:06:25):
You have two years to dispute a determination. So okay,
So one year to file a claim and then two
years from the date of denial correct or or or
under determination or something. I mean, it could be it
could be that they undervalued it. But whatever determination they made,
(02:06:47):
you have two years from that date. Correct.
Speaker 5 (02:06:50):
Thank you for clearing that up. People were getting very confused.
Speaker 2 (02:06:53):
They thought that they had to hurry up and get
everything done within the first year past the loss. It isn't.
Speaker 5 (02:06:59):
The eight of loss is the hailstorm.
Speaker 2 (02:07:01):
You file the claim and when the insurance company comes
back with a determination, which you must demand in writing
when you or email whatever. When you get a determination,
you have two years from that date. So, Roy, are you.
Speaker 5 (02:07:15):
Within the two years of determination?
Speaker 15 (02:07:20):
Yes, sir?
Speaker 2 (02:07:21):
Okay, So you ought to contact Matt Stanford and find
out what you can do about it, because if you
have damage and they denied it, you can get some coverage.
Speaker 15 (02:07:34):
Okay, what's his number?
Speaker 2 (02:07:35):
Third, we'll give that out here. It is actually seven
to one nine seven two six zero zero two zero. Hey,
and I wanted to bring something up.
Speaker 10 (02:07:48):
So once someone gets a denial, the denial Matt basically
says there's no storm damage. In an example like this,
I have never heard of a denial letter or a
denial saying you don't have enough damage. That's not a denial.
Speaker 2 (02:08:04):
Yeah, they're not gonna say, oh, you have a little
bit of hal but not enough.
Speaker 10 (02:08:08):
Never I've never heard of anything like that. And here's why.
Because the second they say you have storm damage, even
if it's one dollar, one dollar in your deductibles five thousand,
as soon as they acknowledge here with storm damage, you
have a claim. Now you can sit down and go
to appraisal and you bring in your people. They bring
(02:08:29):
in their people, right, and the actual damage.
Speaker 2 (02:08:32):
Sure, I think when he said there's not enough damage,
I think that was his interpretation of things. I agree
with you. I don't think the insurance company would ever
say that Paul, you have a question, Go ahead, Paul.
Speaker 15 (02:08:46):
Yeah.
Speaker 20 (02:08:46):
I saw some shrengles on the internet. I was wondering
if you guys have heard of it, and what you think.
It's called euro Shield. It's like a yeah, rubber shngle.
They make out like it's virtually proof.
Speaker 2 (02:09:01):
Well it is virtually how pro viewer shield is a
good product, Mark Schamansky, can you speak to euroshield or
things like Euroshield?
Speaker 9 (02:09:09):
Yeah, there's there's some products out there that are hailproof.
In fact, there's one made here in Colorado called seedor
so if you want to support local people, it's a
it's a plastic kind of palmer shingle. It is hailproof.
I don't and it's fireproof too. And it looks like
a shake shingle. It does not look like a regular
regular shle see on a roof, but.
Speaker 2 (02:09:29):
It's more like a And how do you spell how
do you spell seedor cedu are? And okay?
Speaker 5 (02:09:36):
And how do you like Euroshield?
Speaker 9 (02:09:38):
I mean, we have not installed Euroshold ourself, so I
cannot speak to that itself.
Speaker 2 (02:09:43):
I've seen it installed. It is unbelievable the impact it
will take and and not be even marked, not even marked.
But it's quite expensive, isn't it Mark?
Speaker 9 (02:09:55):
Yeah, I'm assuming so, I mean, I know Sudor is
the top of the market too. I mean you're looking
around twelve fourteen hundred dollars of a square, so it
is expensive.
Speaker 5 (02:10:04):
Yeah, I'm looking at seed Or online.
Speaker 2 (02:10:06):
It's a beautiful roof beautiful they are.
Speaker 5 (02:10:10):
And where is it made.
Speaker 9 (02:10:12):
It's made right on Nice seventy, right near the two
twenty five and seventy intersection. That's where their their plant is.
Speaker 2 (02:10:18):
Have you installed some Oh yeah, many times.
Speaker 9 (02:10:21):
It's a great product, you know, and so we've been
great luck with it, and it's it is very beautiful
and again, hailproof, fireproof, great product.
Speaker 5 (02:10:30):
Paul hung up.
Speaker 2 (02:10:31):
Okay, thank you Paul for calling and uh three oh
three seven to one three talk seven one three eight
two five five let me go to the text. I
got another one saying, Okay, isn't there a standard by
which they go by?
Speaker 5 (02:10:44):
So many? Could this guy is addressing not enough damage?
Speaker 2 (02:10:49):
He said, I've heard of people not having enough hail
hits per square to deem repairs necessary.
Speaker 6 (02:10:58):
So could that be what this guy is facing? Yes,
and that's it could be very well the case. But
They're never going to say that in a letter. They're
never going to say, you know, we require six or
eight hits and a ten foot by ten foot square.
They're just gonna say, we don't see storm damage present
on this roof. So when the adjuster's on the roof,
(02:11:18):
that's the moment. If you have somebody representing you, like
myself or Mark with Genesis or one of their project managers,
you really that's the moment right there. They need eight
or ten hits in that square. When they use their
chalk and they're marking it up, that's when you want.
Speaker 2 (02:11:35):
Okay, so how many hits do they want per square?
And and per square a square is one hundred square
feet right right, And.
Speaker 6 (02:11:43):
It depends on the insurance company. All State wants eight hits.
State Farm you can run with four hits.
Speaker 2 (02:11:48):
It just depends.
Speaker 9 (02:11:49):
I've seen companies there's oh six plus, you know, right,
and it's like, well, I thought you were gonna be
looking for eight, but you got to six. You put
six plus and that they were done.
Speaker 5 (02:11:56):
Just depends on the carrier. Right.
Speaker 2 (02:11:58):
Hey, by the way, Kachina, we never did get Brad
O'Brien on. It's kind of late now. But we wanted
to get that woman on.
Speaker 11 (02:12:05):
Unfortunately we had to reschedule for tomorrow because he's in
a meeting.
Speaker 2 (02:12:09):
Okay, it is important though, because I had people texting
me about this squatter issue, wanting to know how did
that turn out? This bally locked out of her home
by borders who who took some rooms and then they
filed a temporary restraining order against her to keep her
(02:12:30):
out of her house. That dropped off, but now she
can't get in because they nailed the back door shut
and they're locking her out and she can't get into
her own home and they're claiming they have rights to
be there. So we're going to revisit that. When are
we going to revisit that Kachina tomorrow? When?
Speaker 11 (02:12:49):
So I'm trying to set it up for tomorrow morning.
First thing, so I haven't heard from Brad yet, but
I already spoken. I've spoken with a net so that's
already a good thing.
Speaker 10 (02:13:03):
We got to question real quick for uh Shamanski. Do
you see a lot of hail damage on stucco?
Speaker 9 (02:13:12):
Where we see damage on stucco is typically not on
the wall itself, except for the knockouts or the kickouts
around your windows around your door openings, because that usually
has styrofoam below it as opposed to a hard coat. Now,
you can have some stucco damage on the wall of
your house if it is ephis, which is a stuckle
with a very thin layer of concrete on top. It's
(02:13:33):
not that strong and you could get some damage or
dense in that. But if it's hard to coat, no.
Speaker 5 (02:13:38):
Is it almost like a roof.
Speaker 10 (02:13:39):
If there is damage on stucco, like, you've got to
redo the whole thing, or you can patch it.
Speaker 9 (02:13:43):
You cannot patch stuck on you kit the patch, you
have to skim that whole.
Speaker 5 (02:13:46):
Wall just that one rally or would they generally cover
the whole.
Speaker 9 (02:13:50):
Thing right, So you can do a good patch and
then paint the exterior and that can hide a patch,
but typically you need to skim out the whole wall
to make it look right.
Speaker 1 (02:14:01):
Wow.
Speaker 5 (02:14:02):
Okay, and do you get insurance companies to go along
with that.
Speaker 2 (02:14:05):
Yeah?
Speaker 9 (02:14:05):
Again, normally it's just the knockouts you know, around your
windows and doors, and so that's not that expensive.
Speaker 1 (02:14:11):
Uh.
Speaker 9 (02:14:11):
Again, if it's a hard coat stuck okay, if it's
a hard coat stucko, it's not going to get damaged.
Speaker 5 (02:14:17):
All right, we got more coming right up?
Speaker 2 (02:14:21):
Go with a sure thing Denver's best roofer Excel Roofing
dot com. You don't pay a cent until you're content.
Time for an insurance checkup free, no obligation comparison call
Compass Insurance paying too much your coverage at dozens of
insurance companies find out now three oh three seven to
seven to one.
Speaker 5 (02:14:40):
Help.
Speaker 2 (02:14:41):
You'll think you're his only customer when you choose Frank
durand the real estate Man dot com to list your
home with Remax Alliance three oh three nine two zero
sixteen twenty two. Hi Tom Archino here three O three
seven to one three talk seven one three eight two
(02:15:02):
five five So a Jay, you have a question on
side and go ahead.
Speaker 1 (02:15:06):
Jay.
Speaker 17 (02:15:08):
Hey Tom, you and I'm just about to go under
uh A highway bridge, so bear with me for breaks
up a minute there, Right up, I have My first
question is if you were in a neighborhood it wasn't
stucco style anywhere, really, would you avoid it because you'd
(02:15:28):
be the only guy on the block, so to speak.
Speaker 5 (02:15:30):
I would never avoid stucco.
Speaker 2 (02:15:32):
It's a beautiful, very classy siding, and I wouldn't care
about blending once the house is built. Of course, what
I mean is you don't have to worry about overbuilding
because the house is already in the community, so it's
not like you have a choice. So I would do
everything I could to upgrade my house so long as
(02:15:53):
it was cost effective.
Speaker 17 (02:15:55):
Okay, So he's got the old masonite years and years
and years and years ago, got the insurance settlement, but
now he's going to be selling it, resiting it. And
I was telling him about James Hardy stucco and diamond coke.
Speaker 2 (02:16:11):
First of all, I don't like James Hardy like everyone likes,
unless it's installed perfectly. Mark, if you were going to
reside a house like this that had the mason I
what would you put on it? LP smart side and
tell me about LP Smart' silp is.
Speaker 9 (02:16:26):
It's a fifty year warranty. He just mentioned diamond cote.
You can have the LP sent to a factory and
they diamond coded. That's the only product they work with,
and it's a thirty year no fade guarantee on the
diamond cot coding. It's an amazing product. The siting itself
is easy to install. It's a it's a fiber.
Speaker 5 (02:16:44):
But is the is the siding called diamond.
Speaker 2 (02:16:46):
Code or is that the coding?
Speaker 9 (02:16:48):
That's the coding that that you can it?
Speaker 5 (02:16:50):
Does it with it?
Speaker 9 (02:16:51):
So you can Okay, I'm getting my sighting. I have
gotten diamond code coded, and then we buy the we
actually buy the sighting from diving diamond code in your
color that you choose.
Speaker 5 (02:16:59):
But what is the siding underneath the diamond coat?
Speaker 2 (02:17:01):
That's LP.
Speaker 9 (02:17:02):
That's LP smart Side.
Speaker 2 (02:17:04):
So is LP smart Side the only one that comes
with diamond coat.
Speaker 9 (02:17:08):
Yes, that's the one.
Speaker 5 (02:17:08):
And if you don't, if you don't get diamond coat,
what does LP?
Speaker 2 (02:17:12):
What does it come in?
Speaker 9 (02:17:13):
LP can get you can get primed or you can
get in their own colors too. LP has their own colors,
but it's only a fifteen year warranty.
Speaker 5 (02:17:19):
But your choice is LP LP.
Speaker 9 (02:17:22):
And again, if you're selling the house, I would not
spend the money on diamond coat because this is something
that you're going to live in the house. You can
enjoy it and you'll never have to paint your house again.
If you're going to sell the house, I would not
spend the money that you'll never get it back.
Speaker 5 (02:17:35):
Okay, what would you do if you were selling the house,
would you do us?
Speaker 9 (02:17:38):
I'd put it in as a prime product and then
I would paint it in the field.
Speaker 5 (02:17:42):
Okay, Jay, any other questions?
Speaker 17 (02:17:45):
Yeah, A portability? Are they all similar?
Speaker 2 (02:17:51):
No? LP.
Speaker 9 (02:17:52):
LP costs less than James Hardy, so you have a
savings there. It's less expensive install. You got sixteen footboard
suspose at twelve, so there are advantages to it. And again,
concrete eventually cracks.
Speaker 2 (02:18:05):
You know my opinion, I swear to God, I think
James Hardy is the most overrated product on the market.
Speaker 5 (02:18:13):
That's just my opinion.
Speaker 9 (02:18:15):
The advantage of that is does have a one hour
fire rate and James Hardy's does LP.
Speaker 2 (02:18:19):
Doka by the way, Genesistotalexteriors dot com or Paragonservices dot com.
I'm Tom Martino. Save all your problems for me.
Ripped up.
Speaker 2 (00:06):
Needed by who you don't have.
Speaker 1 (00:11):
You come running just as fast as we can.
Speaker 3 (00:14):
Show Shooter's gonna help. Come man, this is.
Speaker 4 (00:19):
The Troubleshooter Show now Tom Martinez.
Speaker 2 (00:24):
Hey, hey, hey, welcome to the show. We are here
to help you. Solve your problems, take your complaints, answer
your questions, whatever you have. This are brought to you
by renew home Innovations dot Com. This is a company
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O three nine zero four to two thousand nine are
a four to two thousand. Now, what is going on
in the world of insurance or in the world of
(01:27):
home improvements. We have Mark Schmansky with us from Genesis
Total Exteriors, and we have Matt Stanford Paragon Services. Matt
is a let me bring up the camera for the
studio so you can see their ugly mugs. Beautiful shot
in that studio today and welcome guys. We appreciate you
being here. And I want to get right to the
(01:50):
right to the story.
Speaker 5 (01:51):
And that is.
Speaker 2 (01:54):
Our insurance claims to pretty much file Matt. You know
what do we have outstanding insurance claims?
Speaker 5 (02:02):
Are there people that.
Speaker 2 (02:03):
Procrastinate because you only have a year from the date
of loss. It's not the date of discovery of the loss, right,
it's it's literally a year from the loss of Matt.
So have you ever had people time out where the
insurance company says, guess.
Speaker 5 (02:21):
What, you're not covered?
Speaker 6 (02:23):
Well, yes, when it comes to like a fire claim
or a water claim.
Speaker 2 (02:27):
For sure, with hail it's a little easier to massage
the clock on that.
Speaker 6 (02:33):
But yeah, if you have a water claim or a
fire claim, it's you need to get on it because
they are very hardlined on when did this happen? You
didn't file it in time? Tough tuna, right, So, but
with hale. You know, we get so many hailstorms you
can kind of point to one that maybe happened six
months ago instead of the real one that hit a
(02:55):
year and a half ago.
Speaker 2 (02:57):
But you got to be careful and.
Speaker 6 (02:58):
You got to you got to make sure to to
file it timely if you can.
Speaker 2 (03:03):
Now they're they're working on extending that.
Speaker 6 (03:05):
Actually to two years, but we'll see if that shakes
out that I think that would be great if you know.
Speaker 2 (03:13):
So when you say two years, you're talking about two
years from.
Speaker 5 (03:15):
The date of loss. Right now, it is still one.
Speaker 6 (03:17):
Year, right, Yeah, it's one year, and then you have
if there's a dispute, you have two years to you know,
sue them basically, So that's the clock on getting legal help.
Speaker 2 (03:30):
But yeah, to file a claim, it's one year right now.
And in order to file a lawsuit or dispute anything,
you have to have the claim first. You can't just
go and sue them.
Speaker 6 (03:42):
Right, Yeah, you have to file the claim and either
get a denial letter or you know, an estimate that
you feel is underpaid to have. You have to have
something to give the attorney to fight. But yeah, you
have to file the claim.
Speaker 2 (03:54):
First, and bad faith is what insurance companies fear, and
I want to talk about that coming up.
Speaker 5 (04:01):
We don't have to go through it right now.
Speaker 2 (04:03):
Bad faith means that basically, they're not just breaching your contract,
they're kind of like they know they're breaching your contract.
That's what I've always called bad faith in a nutshell
with that, like I said, we'll talk about it more
coming up. Isn't that what bad faith is? They they
know that they're breaching, they do.
Speaker 6 (04:25):
And really when bad faith, normally, when I see that,
a judge you know, agrees it's bad faith and they
pay the travel damages, Normally it's a it's a denial.
They're denying a claim based.
Speaker 2 (04:39):
On what they feel they can stand on.
Speaker 6 (04:42):
It's a little more difficult to go at it from
an approach of well, we just don't think this is
fair and they didn't pay enough.
Speaker 2 (04:50):
That's really hard. I was I was told that Colorado
is one of the easier states to prove bad faith.
So we'll go into that in a minute. Deputy d Tom, I.
Speaker 7 (05:04):
Think you're really going to like this because we're about
to have a very interesting case study that I can
continue to update during the shows. Regarding my own insurance
claim from water damage, and I've just recently engaged Matt
at Paragon Services to handle this claim from me from
the start, and he and Mark Schimansky from Genesis are
(05:25):
going to come over to my home to take a look,
assess the damage, and start the claim process for me.
Speaker 8 (05:31):
So I'm not.
Speaker 7 (05:32):
Looking forward to dealing with the damage, but I am
looking forward to dealing with these two guys.
Speaker 2 (05:37):
So what you're talking about is basically.
Speaker 5 (05:41):
Being denied.
Speaker 8 (05:42):
Oh no, I haven't been denied yet.
Speaker 7 (05:44):
So a couple of weeks ago one so, as you know,
I live in a multi unit building, and a couple
of weeks ago one of the units upstairs from me
sprang a week and it's been going on for weeks,
maybe even months, because it's not an occupied unit.
Speaker 8 (05:57):
And it heavily damaged mine.
Speaker 7 (05:59):
So there are walls that are damaged, one of the
doors doesn't even work properly anymore, the hardwood floors are buckled,
and the tile floor in the bathroom is cracked.
Speaker 8 (06:08):
That's how long this leak has been going on.
Speaker 7 (06:11):
So rather than me starting off with the insurance company
and their profit improvement plans, I just immediately engaged Matt
Services to start the claim for me and handle it
from start to finish. But it's going to be a
big one, Tom. I have to move out. I have
to move back in. My stuff has to go in storage.
It won't be easy to find a replacement temporary housing
(06:31):
because I have two cats, so I need two parking spots.
I mean all that stuff. So Matt stands ready to
do all that in my behalf. Thank you, Matt.
Speaker 2 (06:40):
All right? Three zho three seven one three talk seven
one three eight two five five. Sus, do you want
to talk to me about this text?
Speaker 5 (06:46):
I don't know what it means. No audio.
Speaker 9 (06:48):
Oh on YouTube they're telling me it's a button on
your end.
Speaker 5 (06:51):
Tom. Sure, okay, Well, I'm.
Speaker 2 (06:56):
Doing everything the same as I always have, so I again,
I can't mess with that right this second. I will.
I will get to it if I can. Three oh
three seven one three eight two five five. We're here
to help you solve your problems, answer your questions again.
And I do have a text number and I know
that we can use that as well, So text me
at seven four seven nine fifty two eighty. That's seven
(07:20):
four seven nine nine nine fifty two eighty. All right,
Edna what's going on with you? Edna?
Speaker 5 (07:29):
What's happening? Is Edna there?
Speaker 10 (07:35):
It looked like she hung up. I think she was
the one with Chakuzi. Is that correct? Yesterday? Kelly, the
one had a problem with uh Chacuzzi or what. I'm
not sure she's not.
Speaker 11 (07:46):
Listening, Okay, No, I am listening.
Speaker 2 (07:48):
Okay, go ahead, okay, Edna.
Speaker 11 (07:52):
Send us a contract, yeah, send your email yep, and.
Speaker 5 (07:57):
Hopefully she's calling right back.
Speaker 2 (07:58):
So hang on.
Speaker 10 (07:59):
Yeah, and I looked at it. You remember the Jacuzzi
call Tom. Basically she had it installed, but the pan
size was wrong. Oh and now she wants it redone.
I don't know who is she up? Okay, so Edna
explain the problem again. I have the contract and I
(08:20):
look through it. I remember it from yesterday. But where
are we are? Where are we at with Jacuzzi? They
refused to even contact you back right?
Speaker 12 (08:30):
Well, they have off and on, but they've used many
excuses not to come in and change my pan. They
offered me doors at half priced. Then they offered me doors,
but the installers told me once I put the shower
curtain up, then I would have holes in my shower
if I went to doors.
Speaker 10 (08:51):
Yeah, and occasionally it's leaking.
Speaker 13 (08:52):
Right.
Speaker 10 (08:52):
They were supposed to put in a thirty by sixty.
Speaker 14 (08:57):
Four inch.
Speaker 10 (09:00):
Well, I mean the contract specifies a thirty by sixty.
Speaker 12 (09:05):
On the page four it says thirty by sixty by four.
Speaker 5 (09:10):
Yeah, that's okay.
Speaker 12 (09:10):
Can they put wait a minute, they put a two
inch in.
Speaker 2 (09:14):
It's this shower though it's an actual jacuzzi, right, yes, hello, Okay.
Speaker 10 (09:26):
I don't see by four. But let me look again.
Speaker 2 (09:30):
What I'm looking at the notes here, Mark, I don't
see any notes here on it other than it was
just a jacuzzi.
Speaker 5 (09:37):
Yeah.
Speaker 10 (09:37):
So basically what happens is they put in a pan
that's basically not tall enough, so sometimes it leaks.
Speaker 12 (09:45):
Well, it runs out at the bottom over the pan.
Speaker 10 (09:50):
Yeah, right there, thirty I see because there's a typo
there it's thirty by sixty left drain. Yeah, I mean
it definitely says thirty by sixty by four. What did
they put in a thirty by sixty by two?
Speaker 15 (10:05):
Yes?
Speaker 10 (10:06):
See, I mean this seems kind of cut and dry,
and she's having a problem with it.
Speaker 5 (10:10):
Tom.
Speaker 10 (10:11):
Now, the ironic part is this was all through a
finance company. Did they pay this contractor in full yet. Yes,
I mean, we just got to keep reaching out to
these guys. I mean, they should be fixing this if
they put in the wrong size pan on the contract
(10:31):
it literally says thirty by sixty by four. And when
she's taking a shower, water's leaking out because it's simply
not working because the design she had calls for a.
Speaker 5 (10:41):
Four inch and they only gave her a two.
Speaker 10 (10:43):
I mean it's crazy, but they're not getting back to her.
Speaker 2 (10:46):
Yeah, so what should we do? What do you think, Mark, Well,
who's you got? Who actually installed it?
Speaker 1 (10:51):
Who?
Speaker 5 (10:52):
Who can we actually get?
Speaker 1 (10:53):
Oh?
Speaker 2 (10:53):
It was it was the name of the company I
have here. It was, uh, don't Midway US Bath or something? Yeah?
Speaker 1 (11:01):
Who was it?
Speaker 12 (11:02):
Edna, Well, it's Colorado Living but they called.
Speaker 2 (11:07):
Their wait wait wait, Midwest Midwest Bath.
Speaker 12 (11:10):
Right, Yes, which is a subsidiary to Colorado Living.
Speaker 10 (11:20):
Okay, let's call up Colorado Living then. I mean I
tried that other one. I didn't get any answer. I
don't think did we assign this to anybody? Tom, No,
we did not, Mark, we did not. Let's call let's
try to call them right now. So do you have
your phone number? Let's have Kelly try to call if
we don't get something in the next hour. I think
we give their damn number out and try to blow
(11:42):
these guys up because this is outrageous.
Speaker 2 (11:46):
Got it? Hold on three three seven to one three
talk Mark, if you could do these spots, I'll reboot
the YouTuber right because they're complaining.
Speaker 5 (11:54):
Okay, so we have more coming up on the Troubleshooter show.
Speaker 2 (12:04):
Go with a sure thing Denver's best roofer Excel Roofing
dot com. You don't pay a cent until you're content,
wait time for an insurance checkup free no obligation comparison
call Compass Insurance paying too much your coverage at dozens
of insurance companies find out now three all three seven
seven to one help. You'll think you're his only customer
(12:26):
when you choose Frank durand the real estate Man dot
com to list your home with Remax Alliance three oh
three nine two zero sixteen twenty two. Hi Tom Martino,
your troubleshitter three oh three seven one three talk three
three seven one three eight two five five. I think
Mark's making some phone calls on Edna's problem. Let's get
(12:48):
to uh Sean and then what we'll do is Uh,
we'll go back to EDNA as well. So, uh, Sean,
what's going on in your life? Sir?
Speaker 5 (12:58):
What's happening? Sean?
Speaker 14 (13:01):
And I just want to give you a just quick background.
I won't get into it. But in twenty twenty, I
bought a twenty twenty one Toyta Corolla from Santanda Bank.
They were the finance company. Okay, I went to go,
I went to go pay it off, and I sent
them twelve thousand, nine hundred dollars. They're saying they can't
(13:21):
find the money in their account, but I got a
confirmation number that they got.
Speaker 2 (13:25):
Sean. How Sean, how much did you how much did
you owe on this loan?
Speaker 14 (13:31):
Fifteen thousand, fifty six dollars.
Speaker 5 (13:33):
And three cents and you sent them twelve nine?
Speaker 14 (13:39):
Yeah, because that's all they would accept at a time,
that that was their maximum. So I figured I'd pay
the twelve nine first and then pay the rent. Got it?
Speaker 2 (13:47):
So wait a minute, what do you mean? How did
you send it? In? What form did you send it?
Speaker 14 (13:53):
I know you're not going to like this. I sent
it a thight, but I got a confirmation.
Speaker 2 (13:57):
No, No, there's nothing, there's nothing wrong with ah. The
problem that can arise with it, ACCH is you put
in a wrong number and it goes to a wrong
account because you know you can't claw that back. So,
in other words, you initiated an ach. I do it
all the time, and I'll send it. You have to
(14:17):
have the routing number and the account number of this
Santander bank, right, and and your specific account. So are
you sure the routing number you had for Santander Bank
and the Santander bank and the account number for your
auto loan?
Speaker 14 (14:35):
We're accurately on there, yes, sir, because they gave me
a confirmation that they received a payment. My problem is
they won't credit it to my account so I can
pay the last two thousand dollars.
Speaker 5 (14:46):
Well why won't they? Why won't they credit it?
Speaker 2 (14:49):
Sean? Do they do?
Speaker 5 (14:51):
They see the money and they refuse to credit it.
Speaker 14 (14:54):
Yeah, Tom, you got to see this one. They're in India, man,
so dealing with India and people.
Speaker 2 (15:01):
Well, how, first of all, how the hell?
Speaker 5 (15:04):
How the hell?
Speaker 2 (15:04):
I didn't even know, Honest to god, I didn't even
know there were banks available that you could get in India.
Speaker 5 (15:11):
Where did you access this totally online?
Speaker 2 (15:13):
Right? Or were you ever in India and thought one day,
I think I want to have an account here.
Speaker 14 (15:19):
I hope I haven't had no problem with the whole
five years?
Speaker 1 (15:21):
Right?
Speaker 2 (15:22):
How can I ask you something? How long have you
had this Santandar bank?
Speaker 14 (15:30):
I've had it for five years?
Speaker 5 (15:33):
How did you find them? I'm just curious.
Speaker 14 (15:36):
When I financed the car, that's that's who they financed.
My credit wasn't that good at the time.
Speaker 5 (15:40):
And who Okay, you have to help me here, who
hooked you up with an Indian bank? Was it in
an Indian car dealership?
Speaker 8 (15:51):
It's it's it's not an Indian bank. I just looked
them up.
Speaker 7 (15:55):
They have six hundred and fifty retail banking offices in
the US. They're they're part of a Spanish bank called
Santander Group. So the Indian part comes from the fact
that he's dealing with customer service people lost the fire
minding them.
Speaker 5 (16:08):
Okay, So it's not an Indian.
Speaker 16 (16:10):
Bank, man, Okay, So you sent you should see you
should see the reviews.
Speaker 14 (16:15):
Online what people are saying. And I got I got
twelve nine hundred dollars hanging up in the airwork.
Speaker 2 (16:20):
No, I know it, man, I know it. That's scary
as hell. So you sent Santander Bank a twelve nine
hundred dollars payment on your car loan? When when did
you actually send it?
Speaker 14 (16:32):
September September thirtieth at seven to fifty seven am.
Speaker 5 (16:37):
Now how do you know that so well? I mean,
how do you know what time it was?
Speaker 14 (16:43):
They sent me a confirmation with all them details on it,
and I got the confirmation number and everything. Who sent
you that about Santander Bank?
Speaker 2 (16:52):
So wait a minute. You said that it was lost
or something. So I don't understand what you're saying.
Speaker 16 (17:00):
They can't find it. They're saying they can't find it,
but they have.
Speaker 2 (17:04):
But they know, but they know that they received it.
Speaker 14 (17:08):
I know that's the problem I'm having. These people are
Indian man, and I talked to them on the phone.
Speaker 16 (17:12):
It's making my chest or okay, I don't know, yuh hey,
the Indian part.
Speaker 5 (17:16):
That's just the customer service.
Speaker 1 (17:17):
Nobody.
Speaker 8 (17:18):
You leave your account.
Speaker 7 (17:22):
And it's still not back right, So your account is
still minus twelve thousand bucks. And you said you sent
her okay, and you sent this on September thirtieth, Yes, sir, okay.
Speaker 2 (17:35):
I don't get it though. If they show him sending it.
Then they say they can't find it. What do they
mean by that?
Speaker 14 (17:44):
I don't know, man, I'm telling you, Tom, I talked
to these people and that they're an Indian.
Speaker 2 (17:49):
But they acknowledge you have something electronically or digitally or
an email or something. You have some kind of receipt
that they received it.
Speaker 13 (17:59):
Yes, sir, what what?
Speaker 2 (18:01):
What form? What is your receipt?
Speaker 14 (18:03):
What form is it?
Speaker 5 (18:04):
Is it a PDF?
Speaker 1 (18:05):
What is it?
Speaker 14 (18:07):
It was a text message and it's got a confirmation number,
it's got the time.
Speaker 2 (18:12):
Okay, cool, cool, cool, hold on. So you got a
receipt of deposit by text message with the verification number.
Speaker 5 (18:27):
So how can they say that they can't find it? Well,
I have it here.
Speaker 13 (18:32):
I don't know.
Speaker 2 (18:33):
And what are they What are they suggesting you do?
Speaker 5 (18:35):
At this point? Are they saying that go ahead?
Speaker 14 (18:39):
They said they put a dispute inser?
Speaker 5 (18:43):
And when did they say they did that?
Speaker 14 (18:47):
This has been going on for since September thirtieth, so about.
Speaker 2 (18:51):
Okay, So what were you going to say?
Speaker 7 (18:52):
D I'm gonna say September thirtieth is known is also
known as only four business days ago.
Speaker 2 (18:58):
So yeah, I guess the money the money didn't go out.
I wasn't looking at it that way. Thanks for putting
perspective on it.
Speaker 7 (19:05):
So look, I mean it went to the bank. It's
going to take some time to process it. I guarantee
you whoever is overseas dealing with customer service doesn't have
real time access to this banking information.
Speaker 2 (19:17):
But yeah, that's what I'm thinking. You know, now that
I've had ACH's, I use Relay Financial online.
Speaker 5 (19:25):
I have about six or seven accounts for them. Great service.
Speaker 2 (19:30):
The thing about it is, though I have noticed, there
is a limbo zone where I will send an ACH
and it'll say ACH sent but not settled.
Speaker 17 (19:42):
Same here.
Speaker 7 (19:43):
So I pay my credit one credit card I have,
I pay the bills online, which is ACH as we know,
and I receive a confirmation email immediately, but I don't
see it credited to my bank account or to that
credit card.
Speaker 8 (19:56):
You're at least a week time.
Speaker 5 (19:58):
I know you're right.
Speaker 2 (19:59):
Sometimes, Hey, listen, have you ever how do you send
your normal payment Sean.
Speaker 14 (20:06):
The same way? The same way? I?
Speaker 2 (20:08):
Okay? And when you send a normal payment just out
of curiosity, do you ever do you ever change or
not change check on them like you did this one.
Speaker 18 (20:21):
Yeah.
Speaker 14 (20:21):
They usually send me a text message and I can
see it. It's audio.
Speaker 2 (20:25):
Okay, here's what I'm asking. Here's what I'm asking. Is
this text receipt that you got on the twelve nine
is it essentially the same as the previous text messages
you got on other payments when you sent them in?
Speaker 15 (20:40):
Yes?
Speaker 5 (20:40):
Okay.
Speaker 2 (20:41):
And does your receipt for the twelve nine actually say
twelve nine hundred, Yes, sir, I would say you're covered
right now for a little while. And I'll go along
with D. I think I think that you wanted to
settle this so quickly. You're waiting for it to clear.
I think it will. But but I'm gonna I'm gonna
mark this for D. Here and what I want you
(21:03):
to do.
Speaker 16 (21:04):
Go ahead, Tom, Can you do one thing?
Speaker 14 (21:07):
Can you?
Speaker 2 (21:07):
Can? You?
Speaker 15 (21:07):
Can you look at the reviews what people.
Speaker 16 (21:09):
Are saying about fantastic, Well, what difference?
Speaker 2 (21:11):
But what difference does that make? Sean? I mean, it's
either lost or not. You have a receipt, you.
Speaker 5 (21:16):
Have a confirmation number.
Speaker 2 (21:18):
It will be, it will be. Look at you have
everything you need, don't get rid of anything. Let's just
give it a couple of days and then we'll call them.
We'll call them for you. We'll get involved, but let's
give it a couple of days. I think your other
payments probably took the same amount of time. You just
never checked on them.
Speaker 5 (21:39):
You've never actually checked on your other payments.
Speaker 2 (21:41):
You checked on this one because you're anxious to get
it paid off so they will credit you twelve nine.
I don't think it's that they can't find it. I
think it's in process.
Speaker 14 (21:54):
Okay, one more thing. Is there any way you can
look at the reviews what people are saying about that bag?
Speaker 2 (22:00):
Oh my god, I'm looking at Do I care about that?
I mean seriously, as Sean, Why do I care about that? Sean?
Speaker 5 (22:12):
No, no, no, no, help me understand, Help me.
Speaker 2 (22:16):
Understand, because you want me to see that they're not
a good bank, right, I'm.
Speaker 14 (22:22):
Just saying what people are saying about I would need.
Speaker 5 (22:25):
A review for a bank.
Speaker 8 (22:27):
Oh, you wouldn't believe.
Speaker 2 (22:31):
I'm a rundown.
Speaker 5 (22:32):
Hold on, I want to give us, give us.
Speaker 7 (22:35):
I'm looking at dozens of nine hundreds of one star reviews,
and it's only because people can't leave a zero star review.
Speaker 2 (22:41):
So I agree with the calling they're saying about it.
Speaker 7 (22:43):
Give me an idea non existent customer service, takes three
days to clear a check, say bad banking app.
Speaker 8 (22:51):
I mean, it's just a ton of complaints, right, But
the point is, uh, they are a crime bank. It appears.
But Sean, I think it's only been a few days.
Speaker 7 (23:00):
You got to give it some more time and you'll
see your payment credited to your account and then never
do business with Santander Bank again.
Speaker 5 (23:07):
Yeah, I think, Shan, what I was trying to get
across to you.
Speaker 10 (23:12):
Wa wait wait, I want to get what I was
trying to say across for for the sake of reality.
I just looked up Wells Fargo on consumer reffairs.
Speaker 5 (23:21):
One star. Who leaves a good review for a bank,
go Mark and has a good company.
Speaker 2 (23:26):
No, Mark has a good point.
Speaker 10 (23:28):
Why are you going to cross company in the world
and they're all going to have bad reviews. People don't go, oh,
they picked up my trash on Wednesday.
Speaker 5 (23:35):
Good job.
Speaker 12 (23:37):
Now you know what? He is?
Speaker 2 (23:38):
Absolutely right, well, kind of right.
Speaker 8 (23:40):
I leave five star reviews for my bank all the time.
Speaker 2 (23:43):
You do.
Speaker 7 (23:44):
Yeah, they asked me every time every time I do
a transaction with him, with.
Speaker 2 (23:50):
Mark in general in general, and I think if we
ask our YouTube morons right now, because that's our instant feedback. Tom,
what's that YouTube morons still can't hear us?
Speaker 1 (24:03):
Well?
Speaker 2 (24:03):
Yeah, they actually, well we we we have verified that
the audio is perfect.
Speaker 5 (24:08):
So some people can't. I can't.
Speaker 2 (24:10):
I can't say why, and and D just checked it
and everything's working perfectly, so I don't.
Speaker 5 (24:15):
I can't, I can't. I can't mess with it.
Speaker 2 (24:18):
I mean, some people are saying it's perfect and others
are saying they can't hear it. So it's not on
this end because if some people are hearing it perfectly,
that's all we can break. Yeah, so right now, here's
the bottom line. Uh and look at the Look at
the comments there, suits look at them, and you'll see
the mixed comments. By the way, we'll talk about electronics
(24:42):
and banks and all that, but Mark really has a point.
I can't think of a reason anyone would go online
and give them an actual positive review, or give any
bank a positive review.
Speaker 5 (24:55):
We have more coming right up.
Speaker 2 (25:01):
Go with a sure thing Denver's Best roofer Excel roofing
dot com. You don't pay a cent until you're content.
Time for an insurance check up free, no obligation. In comparison,
call Compass Insurance paying too much your coverage at dozens
of insurance companies. Find out now three O three seven
to seven to one help. You'll think you're his only
(25:23):
customer when you choose Frank durand the real estate man
dot com to list your home with Remax Alliance three
oh three nine two zero sixteen twenty two. Hey Tom Martino,
your troubleshooter three O three seven one three talk seven
one three two five five Back to Edna. I believe
Mark looked into that as well. But here's the bottom line. Okay,
(25:45):
she had a jacuzzi bath put in with Midwest Baths
or something, whatever the hell it was, and she she's
just having all kinds of problems and she's trying to
get some help.
Speaker 5 (25:56):
Mark. What did you find out?
Speaker 10 (25:58):
Well, I talked to somebody over there. They're going to
reach out to me the right person. They escalated it
fairly quick. Then I'll try to conference her on because
she needs to be on the phone with us. But
the bottom line is this, They said they're going to
get it handled. But I had a question for Edna.
Speaker 2 (26:13):
Mark, when you said that, was that the jacuzzi or
the Midwest bath?
Speaker 10 (26:18):
That is the people that installed it for Jacuzzi Midwest Bath.
Speaker 2 (26:22):
Okay, thank you, So go ahead.
Speaker 10 (26:24):
So Edna, if a door right now, you have a
curtain or a door on there, I have a curtain
d if they installed if they would install a door,
and that would fix it. Why would that not be
a good option. That would be a lot better than
having a shower curtain, if you asked me. But maybe
there's something I don't know.
Speaker 19 (26:46):
Yes, I have a very small apartment and I have
to do the drip dry from my laundry on the
shower rod opening to the doors is not big enough.
Speaker 10 (26:57):
Okay, I just wanted to know your reasoning there. But
as soon as I hear from them, I'll reach out
and we'll have a three way conversation.
Speaker 16 (27:05):
Do I need to stay on the phone, No, not
right now, not right now.
Speaker 5 (27:11):
But we will get you.
Speaker 2 (27:12):
We will get you on as soon as Mark hears
from or here's the follow up.
Speaker 5 (27:17):
So thank you for calling, and we'll keep trying to
help you.
Speaker 2 (27:20):
Speaking of baths, and you know, I want to let
people know that we take seriously all complaints and we
had one on Discount bad Deputy bow is working on
Somebody said, what about that one. Uh, we'll check with
Deputy bow on that, but basically, look at it's you know,
it's not impossible that people, even on a referral list,
(27:42):
get complaints. The important thing is handling them and that's
and the important thing is that you have a place
to go. And so anyway, we have Matt Stamford with
us from Paragon Services. We began a little bit about
bad faith. Bad faith is is more than breach of contract.
(28:04):
I've dealt with bad faith many times over the years.
It's when a the way one attorney told me about it,
it's more than just a breach. It's more than just hey,
you know, they didn't follow this letter to the law
or to the contract language, or they didn't do this.
Speaker 5 (28:21):
It's almost like they know it's a legit.
Speaker 2 (28:24):
Claim and they just either delay or deny, and they
just keep putting it off. Matt, can you give me
an example of maybe some bad faith you've run across
in the future, excuse me, in the past.
Speaker 6 (28:43):
Yeah, the one I actually just settled this one a
few months ago. It was USAA.
Speaker 2 (28:49):
This was.
Speaker 6 (28:51):
A water claim and it was kind of the situation
where the homeowner didn't know about the league at first
because it was hidden within a wall cavity, okay, right,
And so their whole thing was, well, you didn't call
it in when it first happened, So we're not going
to cover all the mold and all the stuff that
(29:12):
went off, okay.
Speaker 2 (29:14):
Because they say they say that you had an obligation
to mitigate your damages.
Speaker 6 (29:19):
Right, And and on our side, it was like, well,
who cuts the sheet rock behind their tub to check
on the plumbing, right, that's not reasonable, it's not practical.
Speaker 1 (29:30):
Right.
Speaker 6 (29:31):
So when the leak manifested, you know, months after it
slowly started to drip. You know, now we're talking, Okay,
we've got swollen subfloor and all kinds of water damage
in between upstairs and downstairs.
Speaker 2 (29:46):
So yes, this ended up being like a three hundred
thousand dollars claim. Oh my god.
Speaker 5 (29:52):
So were they denying all of it?
Speaker 6 (29:55):
They were denying about eighty thousand eighty to one hundred
thousand and in coverage. They basically just paid to fix
the leaky pipe and okay, none of the damage resulting
from from them.
Speaker 2 (30:08):
So did you guys actually bring a bad faith lawsuit? Yes,
and it took a well over a year to get it.
But the judge said, absolutely, that's bad faith. Triple wow,
we paid triple are you kidding me? Triple coverage? Yeah?
Speaker 6 (30:26):
And really USAA could have avoided that, you know, obviously
if they would have paid it.
Speaker 2 (30:30):
Holy crap.
Speaker 5 (30:32):
They just continued to.
Speaker 6 (30:33):
Shoot themselves in the foot throughout the whole legal process.
So I'd like to so people don't just run right
out thinking I got bad faith. I'd like to go
through the steps of what you have to do first
before they even want to hear from you as bad faith.
Speaker 2 (30:47):
And again, it's more than just a breach. They must
have really denied or delayed something so legit that any
other person would have said, pay it. We got more
on this. This is really important because I was told
one time buy a law firm, and I believe you
might might have heard of a Matt Something Daily and
(31:08):
Black or Black and Daily or yes, I know them.
They do an extraordinary job, I think, And I don't
know who you use, but I'd like to talk in
general about when do you.
Speaker 5 (31:18):
Pull that trigger?
Speaker 2 (31:19):
We got more right after telling you about fix at
twenty four to seven. Right now extreme clean tune and
check for just thirty nine bucks if you've never had it.
Speaker 5 (31:28):
Done now.
Speaker 2 (31:29):
If you're a customer, that's fine. But if you had
it done already, that's it now. They'll do it under
other programs, but right now this is for introductory services.
Speaker 5 (31:38):
This is to show you what they can do.
Speaker 2 (31:40):
Fix Myhome dot com book now thirty nine bucks, an
extreme clean, tune and check of your furnace. Go with
a sure thing Denver's best roofer Excel Roofing dot com.
You don't pay a cent until you're content. Time for
an insurance checkup. No obligation in comparison, call Compass Insurance.
(32:03):
Pay too much your coverage at dozens of insurance companies
find out now three all three seven seven to one help.
You'll think you're his only customer when you choose Frank
durand the real estate Man dot com to list your
home with Remax Alliance three all three nine two zero
sixteen twenty two. Hey, I'm Tom Martine. You're a troubleshooter
(32:25):
three O three seven one three talks seven one three
A two five five. Have our guests in the house here.
I don't know if Mark out there yet, but anyway,
we were talking about bad faith, and again this is
a last ditch effort bad faith. I mean I I
can't believe that they don't negotiate at the at the
mere word or the starting of the litigation. Did this
(32:50):
particular one that you guys litigated, And of course Matt
will partner with law firms when he needs to do
the bad faith. Bad faith is where an insurance company
denies or delays a legitimate claim. That's basically it, okay,
And in Colorado, I was told to have a legitimate claim,
(33:13):
you simply need a contractor who is licensed and qualified
to say you have this damage from this storm.
Speaker 5 (33:22):
And Matt, is that basically all it takes yes, yes.
Speaker 2 (33:27):
And no. So they and then that's changing.
Speaker 6 (33:29):
But what happens is you okay, So the contractor is
technically you're quote expert.
Speaker 13 (33:34):
Right.
Speaker 6 (33:35):
And so when the insurance company starts getting their own experts,
that's when you know it's brewing. So if they get
an engineer or they get a building consultant or an
estimator on their own dime, what they're doing is trying
to pay somebody to make.
Speaker 5 (33:51):
This go away.
Speaker 2 (33:52):
Now, let me ask you something. You say, what's changing?
You said, that's changing, Well.
Speaker 6 (33:57):
Well, more and more of these insurance companies are hanging
up the phone on contractors and saying we we we
have no obligation to even talk to you, which is
which brings more to my desk as a public adjuster.
But so it's just it's just there's a shift, and
it's all I my whole view is just Colorado, right.
I can't speak for right California and other places, but
(34:20):
in general, contractors are starting to get hung up on
and I think that a big part of that is
just contractors trying to shoot for the moon with their estimates.
Speaker 2 (34:30):
I want to coming up in the show, I want
to tell people how they can threaten bad faith and
and and just the mere threat have done the right
way could get them a settlement. I also want to
talk about led lighting bids that I've gotten as an experiment.
You would not believe the costs, and what Excel can
(34:53):
do for you.
Speaker 5 (34:53):
All of this coming up.
Speaker 2 (34:56):
Go with a sure thing Denver's Best Roofer, Excel Roofing Dot.
You don't pay a cent until you're content. Time for
an insurance check up free, no obligation. In comparison, call
compass insurance paying too much your coverage at dozens of
insurance companies find out now three oh three seven seven
one help. You'll think you're his only customer when you
(35:18):
choose Frank durand the real estate man dot com to
list your home with Remax Alliance three oh three nine
two zero sixteen twenty two.
Speaker 20 (35:26):
Yeah, rit.
Speaker 1 (35:33):
New you need advice, you don't have a run anxious
as fast as you can.
Speaker 3 (35:42):
Shooter's gonna help.
Speaker 4 (35:44):
Come Man six is the Troubleshooter Show. No, Tom Martino, Hey.
Speaker 2 (35:51):
Tom Martino here, Welcome to the show, the only show
that's kind of anywhere in the universe. We are trying
to help you with your problems. So if you have
a problem, give us a call. We love talking to you.
One of the biggest problems we usually have, not usually
it's a definite is insurance, homeowners insurance, car insurance, whatever,
(36:12):
insurance denying claims. We'll talk to a public adjuster regarding that,
and also contractors who deal with insurance companies. But first
I want to take your calls, as I said, whatever
topic it is, and we'll go with Aaron who has
an issue with a rehabit center. I'm not sure exactly
what that is. Aaron, what's going on with you? Hello?
Erin Hi how's it going, good man? What's happening? How
(36:37):
can we help you? So?
Speaker 16 (36:41):
I was employed with Tribe Recovery Homes of Denver, and
they specialize in rehabilitation and drug and alcohol and they
also have a sober living.
Speaker 2 (36:52):
And it's called it's called Tribe Recovery.
Speaker 16 (36:57):
Tribe Recovery Homes and Services.
Speaker 2 (37:00):
Okay, is it called that because it has something to
do with Native Americans?
Speaker 5 (37:05):
I'm just curious.
Speaker 16 (37:09):
No, it doesn't. It's more like just they're like a
tight community.
Speaker 2 (37:13):
So okay, So what's going on?
Speaker 16 (37:18):
So since about July eighteenth, they haven't been paying their employees,
not at.
Speaker 2 (37:26):
All, not at all at all. Wait a minute, how
do what do they say, you're not getting paid or
we have to delay it, or we're gonna owe it
to you.
Speaker 5 (37:37):
I mean, in other words, they're just not paying anyone.
Speaker 16 (37:42):
Nope. And they've been given us promises and then giving
us paperwork saying that they'll pay at this time, and
you know they'll try to correct.
Speaker 21 (37:52):
Now.
Speaker 2 (37:53):
Is this a nonprofit, Aaron? Is this a nonprofit does
rehab center or is it a regular rehab center?
Speaker 16 (38:02):
It's a nonprofit. And so they they build Medicaid, they
gave grand, okay, like that.
Speaker 2 (38:12):
And did they give a reason for not paying the staff.
Speaker 16 (38:17):
All they keep saying is that they don't have the funds.
But for all the clients that are there, they're still
billing Medicaid, They're still getting money somewhere.
Speaker 2 (38:27):
Goly, this is weird. How many employees are we talking about?
Speaker 16 (38:33):
Well, when I was working there, I stopped working there
September tenth because I couldn't keep going without getting paid.
So during the time when I worked there, there was
twenty eight from what I've heard, now there's twenty five.
Speaker 2 (38:45):
They were God, now are the other are the other
people working free with the hope that they'll get paid?
Speaker 16 (38:55):
Yes, I'm still in contact with some of them and they're.
Speaker 2 (38:58):
Still And what are they What do they say, Like,
what is their reason for going into work every day?
Do they tell you, hey, hey, Aaron, they're going to
come through eventually. What do they think?
Speaker 14 (39:10):
Yeah, that's basically what they say.
Speaker 16 (39:11):
And they say that they keep giving them promises and
then they end up.
Speaker 2 (39:15):
But I mean, but, but, Aaron, it's almost impossible July, August, September,
and now we're into October. I mean, but but for
three months people not getting a paycheck. How are the
people even paying their bills and stuff?
Speaker 15 (39:30):
Yeah, I'm.
Speaker 14 (39:32):
I don't know.
Speaker 16 (39:33):
You know, they have significant others that are helping, but
they're upset about it. You know, a lot of us
didn't want to quit because we like our position.
Speaker 2 (39:40):
We like help tell me, tell me what this tribe.
Tell me what Tribe Recovery does.
Speaker 16 (39:47):
So I worked at the Boulder location, which was actually
shut down two or three weeks ago.
Speaker 5 (39:54):
How many locations did they have two locations?
Speaker 16 (39:59):
They they have two in patient programs, but they also
have sober livings around Aurora and Denver.
Speaker 2 (40:09):
Okay, so they have various locations around the metro area.
Speaker 16 (40:16):
Correct, and we'll have some in Vegas as well.
Speaker 2 (40:24):
D hold on a sag D what do you know?
You're d is looking up while we're talking here. What
do you know? D?
Speaker 5 (40:31):
Well?
Speaker 7 (40:31):
They they had two facilities in the Denver metro area,
one in Boulder, which shut down a couple of weeks ago.
They cite loss of funding, and uh, the one in Denver,
and I'm still not sure if that one is still open.
And they have another facility in Las Vegas of all places.
But our caller says they also apparently operate some other
some other housing options, but I haven't found any reference
(40:53):
to those.
Speaker 5 (40:54):
So he called them. Yeah, yeah, I know what he means.
Speaker 2 (40:57):
They're they're like just sober living places people live together
on the program.
Speaker 5 (41:04):
Does it say anything about their troubles online?
Speaker 7 (41:07):
Yeah, So according to this news article, and it said
that they opened their Boulder facility in twenty three with
a nine hundred thousand dollars one time grant from the
US Department of Justice. And when the startup federal funding ended,
both the city and county to decline.
Speaker 8 (41:23):
To provide ongoing funding. So apparently that's why they shut down.
So it does sound like they're out of money.
Speaker 5 (41:29):
So then, so government grants was their primary.
Speaker 8 (41:32):
Seems like that was their only source of revenue.
Speaker 7 (41:35):
Well, according to this article, but our caller says that
they also build medicaid or medic you know, some kind
of government assistance programs.
Speaker 8 (41:42):
So this article is silent on that part of the matter.
Speaker 2 (41:46):
Okay, So Aaron, what are you calling about today? What
can we do to help you or what what are
you hoping to get accomplished?
Speaker 5 (41:56):
I mean, I don't know.
Speaker 16 (41:56):
I'd like to spread the word on this and maybe
somebody could try to help us employees get paid from them.
Speaker 7 (42:04):
Well, Mark had a really good idea, Mark, didn't you
say called the labor commissioner and just file a claim
with them.
Speaker 10 (42:09):
Yeah, I mean if they went bankrupt that's different. I mean,
unless they're a secured creditor, there's nothing special there.
Speaker 2 (42:16):
So I see a bankruptcy there. We don't I know,
are trying to go ahead?
Speaker 1 (42:20):
Mark?
Speaker 10 (42:20):
Well, I mean he said they went out of business.
I mean, I don't know just one of their facilities.
They shut down, the Boulder facility.
Speaker 2 (42:26):
Yeah, Well, which one of.
Speaker 5 (42:28):
These people work at?
Speaker 8 (42:30):
I don't know where did you work at?
Speaker 16 (42:33):
I worked at the Boulder location. There's a couple others
that worked at the Boulder location. I quit right around
the time after they close that location. However, Well, have
you have.
Speaker 2 (42:42):
You tried the regular labor department?
Speaker 16 (42:45):
Yes, I've already filed acclaim with the Then.
Speaker 10 (42:48):
You've done everything. I mean, if they if they filed
for bankruptcy, that's that could very well be your issue though.
Speaker 2 (42:55):
But Mark, are you seeing a bankruptcy somewhere?
Speaker 17 (42:58):
No, I'm not.
Speaker 10 (42:58):
But if they went out of business and they have
no funding and they're not paying their enployees, right, Do
you see the writing on the wall?
Speaker 14 (43:05):
Yeah?
Speaker 16 (43:06):
Yeah, Well the just the Boulder location shut down. The
one in Denver is still active. The track Center, which
is located on eleven seventy eight Mariposa Street, that's still open. However,
they did allegedly, from what I've heard, put that house
up for sale, but they're still working out of that location.
Speaker 8 (43:29):
Are those people getting paid?
Speaker 10 (43:30):
Sorry, I don't even see it on the call screen
or what's the name of this place so I can
look it up?
Speaker 2 (43:36):
Tribe Regavery Homes, tribe mark as an Indian tribe.
Speaker 8 (43:42):
Do you know if the people on Mariposa are getting paid?
Speaker 16 (43:48):
You know, I don't know all that, but I do
know that a lot of the other employees are going
through the same thing as us, because we are still
in contact with like.
Speaker 5 (43:58):
Some of them, but not all of them.
Speaker 16 (44:00):
Like some of them are like the owner's family. So
I would assume that they're still getting paid, but I'm
not for sure. You know, I don't deal with it.
Speaker 2 (44:10):
No, I know, I understand all you're trying to do.
You're trying to get paid, but you're also trying to
let people know about it. But I don't know what
people can do about it. It's not like a retail
place they can say we're not going to use you anymore.
I mean, it's it's unfortunate.
Speaker 5 (44:26):
It really is.
Speaker 2 (44:27):
We got to figure out how to get people paid.
Speaker 1 (44:31):
We do.
Speaker 7 (44:31):
We have to figure I'm wondering if Aaron, were you
an employee or an independent contractor.
Speaker 16 (44:38):
That was an employee?
Speaker 8 (44:40):
Okay, well you should be able to get paid. What
did the government say when you filed this claim with them?
Speaker 16 (44:46):
I haven't heard anything back from them.
Speaker 8 (44:48):
How long is it been.
Speaker 16 (44:50):
The crazy thing is is that right before this job? Yeah,
I was working out another place they did the same thing. However,
they went out of business. Now it's hard for me
to find them. And I also pobled with the state.
It took them eight months to an assign an investigator
to my case. So I gave that company enough time
(45:11):
to hide everything that was going on, and now it's
hard for me to even find out where the owner
is even apt.
Speaker 2 (45:19):
Well, what do you mean hide things? You don't think
they're not doing this on purpose. They just ran into
financial trouble. What started their financial trouble? I'm curious about that.
Speaker 10 (45:30):
They cut the funding. The Fed's cut the funding they
don't have money anymore, no more.
Speaker 2 (45:33):
The grant ran out, well the grant, No, that was
the one time grant that ran out. I'm talking about
their regular funding, their regular stuff. Mark. Are you just
assuming that because of all these cutbacks that the FED
stopped funding it? I don't know that. I mean, is
there any indication online there, Dimitri, that that their grants
ran out, that that one grant, the one time grant, right, yea,
(45:56):
it was.
Speaker 8 (45:56):
The one time grant.
Speaker 7 (45:57):
It was nine hundred thousand bucks from the DOJA and
they used up that money, right, And that's what they cite,
is there or the article that cites that is the
reason for them having to shut.
Speaker 5 (46:06):
Down, okay, of that facility, Yeah, the Boulder facility.
Speaker 2 (46:11):
So they're still getting patient fees though in the facility
in Denver, right, Aaron.
Speaker 5 (46:16):
That's one of the things.
Speaker 10 (46:17):
And you're wondering what are they doing with the revenue.
I think tribe just manages the homes. They're almost like,
if I'm reading this right, they're more like a property manager.
So they don't own it. They manage the homes. I
don't know who owns the home.
Speaker 2 (46:34):
Well, I think I think tribe might be the five
oh one three C. And I think what they do
is they they get they operate these facilities. You're right,
the actual real estate, I don't think they have anything
at all. I think they're just a rehab place. And
I think Mark, you're right in that probably their government
(46:54):
funding went away.
Speaker 7 (46:56):
Tom, if you want me to, I can call them
and talk about Aaron's payscheck, you know what.
Speaker 2 (47:00):
Or let's call them not to talk about that paycheck,
but call and say, listen, we're trying to get your
side out there as to why. I mean, they have
some freaking twenty eight people that have been working since
July without money. Yeah, let's do that. Let's do a
quick call. I think that's a great idea, just to
see what they say. Look like I said, these places
(47:23):
that run out of money or government grants or they
operate on donations and all of that, they're having a
tough time. And if they are, there's it's not like
they're designing it. You're almost sounding like Aaron, you think
there's something crooked going on, And I'm hearing that is
(47:43):
just another one of these five oh one C three's
having problems.
Speaker 5 (47:49):
Aaron, do you have reasonably there's corruption going on.
Speaker 16 (47:53):
Yeah, so allegedly, like there are certain days like Mondays, Wednesdays,
the day changed the law, but there was money drops
But they're trying to tell us there wasn't enough money
dropped in order for What do you mean.
Speaker 5 (48:10):
By hold on?
Speaker 8 (48:11):
I gotta take a break.
Speaker 2 (48:12):
I gotta take a break. Bro, Bro, you're getting into
territory here, You're not getting paid, You're pissed off.
Speaker 5 (48:17):
Just make some calls. He there's no corruption that I
can see.
Speaker 2 (48:21):
I mean, the damn place is trying to run a
rehab on government funding.
Speaker 5 (48:26):
We got more coming up.
Speaker 2 (48:30):
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(48:52):
when you choose Frank durand the real estate Man dot
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(49:17):
other cases they're sitting for months. Why Frank Durant will
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and put in your pocket.
Speaker 5 (49:31):
Three zero three nine two.
Speaker 2 (49:32):
Zero sixteen twenty two Frank randereal estate man dot com. Ronda,
you have a comment on medicade. Now, what is going
on with you? Ronda?
Speaker 5 (49:42):
Real quick?
Speaker 10 (49:43):
Yeah, I found some information out on tribe, so sure
enough they lost that federal funding. But the other thing
is apparently with their Boulder location, Boulder wanted them to
start taking in homeless people or his Boulder calls him
unhoused population on housed, and that is not what Tribe does,
(50:03):
but Boulder really wanted them to start doing that, where
Tribe basically concentrates on formerly incarcerated individuals that can relapse
on drugs and stuff. So they're like, no, we're not
a homeless shelter. But Boulder wanted them to do it,
so they took the people they had there and put
them in the Denver facility. According to what I'm reading.
Speaker 5 (50:26):
Okay, thank you, thank you.
Speaker 2 (50:28):
Ronda.
Speaker 5 (50:29):
What is your comment on Medicaid?
Speaker 21 (50:32):
Well, you know, I go to a lot of treatment
centers to take you in AA meetings, and a lot
of the Medicaid is stopping funding and they're shutting them down.
Speaker 2 (50:48):
Because of the government shutdown or in.
Speaker 16 (50:51):
General, not because of the Medicaid not pay them.
Speaker 5 (50:57):
Yeah, you gotta under you gotta qualify for Medicaid. Now
you can't.
Speaker 2 (51:02):
You can't be so.
Speaker 21 (51:05):
Uh, treatment centers are own Medicaid. Okay, Medicaid is not
funding treatment centers.
Speaker 2 (51:13):
Okay, well stopped it. Well, I don't know if that's true, Ronda,
in all cases that they just stop paying for you're
saying they stop paying for drug treatment and rehab.
Speaker 16 (51:27):
Yeah, a lot of them, not all of them.
Speaker 2 (51:31):
I wonder Listen, we're gonna you know, here's the sad situation.
Speaker 5 (51:37):
Well, I don't know if it's sad or not, but.
Speaker 2 (51:41):
We are going through a period where the government isn't
going to pay everything it used to pay. Now some
people will say that, well, that's mean, you know that
doesn't have a heart, and we need we need really
uh more liberal policies. The government should pay pay for this,
and should pay for that, and should pay for this
(52:02):
and should pay for that. Then there are others who
say the government shouldn't pay for any of the stub
and then there are those in between. Where do you stand, Mark,
We're going to see a.
Speaker 5 (52:10):
Lot I stand.
Speaker 10 (52:11):
Her information is just completely wrong. There's been no no
being serious, there's no broadcuts. I'm reading it right here.
Health First Colorado, which is our medicaid system provide, still provides.
There's been no broadcuts for drug and alcohol treatment period.
End of story. Now there's been changes, like I was
(52:32):
trying to allude to, you got to have prior authorization
as a September So whether or not she got that,
I have no idea. And the enhanced reinforsement is ending.
Some clinics basically saw higher payments and now they don't
like what the state is paying them for it, and
they want more money, and the state's not going to
(52:53):
give them more money. This has been on nine News,
this has been on Fox News. So they're saying we're
not going to take medic anymore. But to say the Feds,
and I don't think she really meant the Feds have
anything to do with cuts here.
Speaker 5 (53:06):
They simply don't.
Speaker 10 (53:07):
The providers want more money, They're not get paid enough,
and they can't afford to operate off of what the
Medicaid payment is.
Speaker 2 (53:16):
Okay, well said, and what I'm saying, what I want
to make a comment. Well, let me take Brian first
and I'll talk about what I wanted to say about
government reimbursements and government funding. Brian, what's going on with
Cherry Creek School District?
Speaker 18 (53:32):
Hey, Tom, I appreciate you taking my call.
Speaker 13 (53:34):
Yes, sir, my daughter is nine years old.
Speaker 18 (53:39):
And she is in the Deaf and Heart of Hearing
program within the Cherry Creek School District. Okay, this year
they seem to be having a real issue with being
able to provide sign language interpreters in the classrooms. Never
had a problem before, but this year there are eleven
children in the Elementary Tree School district that are all
(54:01):
in one school. They have one sign language interpreter for
all five grades and this has been going on since
the beginning of the school year. They hadn't notified even
notified the parents that there was an issue until the
parents started asking, and I just keep getting excuses. I
(54:22):
keep hearing we're doing well.
Speaker 2 (54:24):
Let me ask you, Brian, how it operates in Cherry Creek,
because I'm not familiar with the program. But is your
daughter mainstreamed where basically she does the normal flow and
then there are interpreters where she goes?
Speaker 18 (54:37):
Yes, they have. All of the children go to one
elementary school, one middle school, and one high school within
the district. So my daughter gets bussed to one elementary
school within the district.
Speaker 2 (54:49):
Now I get it. But while in the school, though,
they're following the normal class flow or the normal day.
The only different between your daughter and someone who can
hear normally is that she has an interpreter.
Speaker 18 (55:06):
Yes, and there's two students in her class. There's eleven
throughout the school. But yes, she inn a regular classroom,
has regular instruction. My daughter wears cochlerium plants, which helps
her here. And they estimate that she's picking up about
eighty percent by auditory, and then the interpreter for her
helps her fill in the twenty percent gaps.
Speaker 2 (55:28):
Did they just cold turkey cut off the Have they
just cut out interpreters?
Speaker 5 (55:34):
Altogether. They can't.
Speaker 2 (55:35):
That's I understand. That's what I'm asking. I'm asking why
is calling? Have they been cut out?
Speaker 18 (55:43):
Yes, they basically two days from my understanding, two days
before the school district started their school year. They didn't
like the contract situation with the agencies that they were using,
so they canceled them and not trying to hire. But
now this school school start at the beginning of August.
We're in the beginning of October, and I keep hearing
(56:05):
we're trying. Okay, now this agency is.
Speaker 2 (56:09):
Is well, what happens to what happens to students? Unlike
your daughter, Your daughter's at least getting some what happens
to profoundly deaf people.
Speaker 18 (56:18):
They're just being left behind. There is a teacher or
one of their employees in the high school that has
brought all most of this to all of our attention,
and she has it posted on Facebook. She's not hiding,
and she's saying these kids are being left behind. Are
they're sitting in classrooms and they're not being able to
understand the instructions that the hearing children are being given.
(56:42):
And it came to my attention because my daughter came
home one day and told me I didn't finish a test,
and I said what happened? And she says, I didn't
understand what to do. I did the best I could, Dad,
but I couldn't understand it.
Speaker 5 (56:56):
Look, I called the department.
Speaker 10 (56:57):
I'd call the Department of Education, and this is a
real reason why they should exist, not for that BS
teacher union crap, but to make sure they're following federal law.
I'd reach out for a civil rights complaint to the
US Department of Education, and I would not even mess
around with it. They are mandatory. They have to have
(57:18):
someone in there for deaf kids. Period of ended story.
Speaker 2 (57:22):
Hey, Brian, do you have other parents that would get
together with you, because I think there would be strength
in numbers if a few parents do what Mark said. Oh,
I think that.
Speaker 10 (57:31):
I think who we have in the Department of Education
would love to hear about a Colorado school not following orders.
I think you're in a perfect circumstance to reach out
to them, with or without anybody else.
Speaker 5 (57:45):
But do you think they're not filling the position?
Speaker 2 (57:47):
Brian?
Speaker 5 (57:48):
Brian, what do you think?
Speaker 18 (57:51):
I mean?
Speaker 2 (57:51):
What do you think the reason the real reason is
they're not filling the position? Do you think there's some
kind of real reason lurky somewhere, or is it just
that they haven't found anyone yet.
Speaker 18 (58:05):
I think that they decided that they didn't want to
deal with the two agencies, and from everything that I've
read that included emails from the school district that they
had a problem with their liability insurance potentially workers comp insurances,
I'm not sure about when they're.
Speaker 2 (58:22):
Yeah, but Brian, Okay, hold on, we need someone. We
need someone to call the school. Just hold on, Brian.
I mean, this is as Mark said, this is ridiculous.
It's a flat out federal mandate. We had to take
this break and we'll talk more about it coming up.
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(58:44):
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(59:05):
to list your home with Remax Alliance three all three
nine two zero sixteen twenty two three all three seven
one three talks seven three two fine five. So Mark,
you have a number for Brian.
Speaker 5 (59:18):
Yeah, I did.
Speaker 1 (59:19):
Let me give you this.
Speaker 10 (59:20):
You got to call up and really go through uh
the steps. But it's the US Apartment of Education, but
it's the Office for Civil Rights who handles this. Make
sure they know it's Denver, Colorado. You're having a problem
with the Denver school District. And I'm really emphasizing that
for multiple reasons. Eight hundred four to two one thirty
(59:41):
four eighty one. This is a real deal. Eight hundred
four to two one three four eighty one. You got
to get moving on that complaint big time. That's a
total no.
Speaker 21 (59:51):
No.
Speaker 10 (59:52):
I don't know what their excuse is. I don't know
why it's not being done. But they're supposed to have
uh someone signing if the people are deaf in the classroom.
I mean, it's pretty straightforward.
Speaker 5 (01:00:04):
Now here's the thing. Do we have enough money to
run this country?
Speaker 2 (01:00:10):
I mean it seems to me like for that man, No,
I know that, but yeah, but it's not a cookie.
I mean, it's not like a fountain that never runs out.
I guess what I admire both, but also fear. Trump
is a businessman, and we've never really had the Business Act.
Speaker 5 (01:00:31):
There was funding cut for this, there's not they're breaking
the law.
Speaker 2 (01:00:34):
Ton No, I'm not talking about you know, I'm just
just let me finish what I'm saying. I'm not telling
you that they're cutting funding. But funding has to be
cut somewhere somehow. And what I admire, what I admire
about Trump is that even though things might be politically harmful,
(01:00:57):
he seems to do it and and and people think,
you know, hey, you know, he has no heart or
he has no soul. There are cuts being made every
day that have to be made. We were artificially funding
too much.
Speaker 5 (01:01:10):
Oh my god, we were going broke, I know.
Speaker 2 (01:01:13):
But the problem with that is when people don't know that,
they just know what they get, they don't know what
it takes to get it. And because of that, they're
used to a certain level of government funding or a
certain level of services. And when we go through some
growing pains right now for stuff that should have been
(01:01:35):
done years ago, you're going to hear people jumping on
Trump for it, and he's actually being, in my opinion,
being courageous by making business decisions.
Speaker 10 (01:01:46):
Absolutely and talk about I just want to stick to
this call real quick. So the reason you wouldn't cut
funding like this, what do you want someone that literally
can't learn anything because of their death. Then they're going
to be on the public trap forever because they never
learned anything. Right, So I mean, this is a good
business decision to fund that, But funding illegal aliens to
(01:02:08):
me is insane when we have people right here that
need help that are citizens. So I just don't understand it.
Like I said, and I wasn't joking around. I bet
they have translators left and right in this school. We
know someone in Is it Washington? No, it's right here.
Where does uh? Where do the Google kids live? The grandkids?
(01:02:31):
Where do they live?
Speaker 2 (01:02:32):
Denver?
Speaker 5 (01:02:32):
Where is there?
Speaker 2 (01:02:33):
Yeah, they're in Denver?
Speaker 10 (01:02:34):
So their school, listen to this. Their school the second
language is English. If they send their kids to the
public school there, the second language is English.
Speaker 15 (01:02:44):
Tom Wow.
Speaker 2 (01:02:46):
So you know, like when you look at the funding
being put into immigration, some of it is necessary, but
it's for when you have undocumented illegal immigration and you're
funding all kinds of programs. You're right, someone has to
go without and We've seen it in Denver where people
are laid off and have no jobs. We're going into
(01:03:09):
the holiday season and we talk about immigrants, but do
we ever talk about the American citizens who lost their
jobs in the city of Denver because of our moron mayor?
Speaker 5 (01:03:21):
Because I mean it's short falls. I mean it's crazy.
Speaker 2 (01:03:25):
Anyway, let's talk to Let's see who was next year,
A Net.
Speaker 5 (01:03:31):
What's going on with you? A Net?
Speaker 22 (01:03:33):
Well, I'm a homeowner in Fort Collins, Colorado, and I've
owned my home since two thousand and three, so twenty
near twenty five years.
Speaker 13 (01:03:42):
Yeah, just round up.
Speaker 16 (01:03:45):
Last year in the fall, I took in a couple
of renters.
Speaker 18 (01:03:51):
Bad mistake.
Speaker 22 (01:03:54):
They paid rent as requested up until May. In April
of twenty my mother passed, so I had been her
hospital and with her and the funeral and all of that.
I was at the lowest point of low. I come
back and was greeted with a protection order against me.
Speaker 16 (01:04:14):
I had to leave my home for twelve days.
Speaker 2 (01:04:17):
I did say, wait a minute, right the law When
you wait, are you talking about renters in your own home? Yes?
Speaker 5 (01:04:25):
Oh so how many renters.
Speaker 10 (01:04:27):
It's a restraining order for? I mean what was it
for what do they say?
Speaker 13 (01:04:31):
It's for.
Speaker 16 (01:04:36):
Assault and battery? I believe it was never proven.
Speaker 22 (01:04:38):
I've never been ticketed.
Speaker 2 (01:04:40):
It's it's all no, no no, because to get it,
to get a temporary protection order, you don't have to
prove anything, you just get it. But it was never
turned into a permanent one.
Speaker 5 (01:04:50):
Was it a net no?
Speaker 8 (01:04:52):
No good?
Speaker 2 (01:04:52):
It's miss good good, And that's what should have happened better.
Speaker 22 (01:04:56):
I'm out of my house. I've got two dogs, you know,
whatever the so anyhow, I go home and the renters
have now become squatters. They refuse to pay rent, they
don't pay any bills, they.
Speaker 16 (01:05:07):
Don't do anything.
Speaker 22 (01:05:08):
Forty and forty three year old men, they're independent.
Speaker 2 (01:05:12):
They're in your personal residence.
Speaker 22 (01:05:15):
That's correct, that I own and pay taxes on.
Speaker 18 (01:05:17):
That's correct.
Speaker 10 (01:05:18):
So if they locked you out, you can't walk in there.
I mean, what are we talking here? You stay there now?
Now that that problem's over, you can live there, right.
Speaker 14 (01:05:30):
A net out.
Speaker 18 (01:05:31):
They boarded up the back door.
Speaker 22 (01:05:33):
I cannot get into my house without breaking.
Speaker 2 (01:05:36):
Well, then you quate a minute, police, Wait a minute.
The protection order was dismissed. You cannot live in your
own home.
Speaker 16 (01:05:46):
You've got that right.
Speaker 2 (01:05:48):
They've actually prevented you. Did they change the locks?
Speaker 8 (01:05:53):
Yes, which I'm not.
Speaker 22 (01:05:56):
Allowed to do as a homeowner. I can't lock people out,
but they can lock me out.
Speaker 10 (01:06:00):
Who Okay, No, all the conversations where I just want
to hang myself.
Speaker 2 (01:06:07):
Hold on, listen, you know, as crazy as it sounds, Mark,
she might have a point there. Hold on, all right,
I'm gonna I'm going to try to get let's try
to get Brad O'Brien on. I think we're going to
be very frustrated with what we hear. I think we're
going to hear that Annette has to go through a
very very very long They're.
Speaker 10 (01:06:27):
Just flying the house by nailing boards into it. This
is a three day notice to quit.
Speaker 5 (01:06:34):
Well, okay, what would you do?
Speaker 2 (01:06:36):
I'm like, I'm asking my listeners if suddenly rumors, you know,
you have people borders in your home that have locked
you out and refuse to leave, and they they're living
there free.
Speaker 5 (01:06:51):
I mean, is this in Fort Collins? Annette?
Speaker 2 (01:06:55):
Did she say, yeah, okay, let's just take a break.
We got more coming right up. Go with a sure
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(01:07:17):
too much your coverage at dozens of insurance companies find
out now three oh three seven seven to one help.
You'll think you're his only customer when you choose Frank
durand the real estate man dot com to list your
home with Remax Alliance three oh three nine two zero
sixteen twenty two. I'm Tom Martino. We're gonna go back
to a net after the top of the hour. She
(01:07:39):
has basically two borders in her home that stopped paying
rent and have now locked her out, and she says
by laws she can't stop or disturb them, and she'll
be arrested. Now, people, we're gonna unfold this after the
(01:08:00):
top of the hour. Right now, I want to go
to SAM, So remember a net is on hold. We
will be going back to a net. These situations pissed
me off so much I can't I can't even describe
the rage I feel when I hear this. There are
forty year old men sitting on their ass. They knew
enough to get a temporary protection order and then they
(01:08:23):
have since locked her out. What's really going to piss
you off? As our attorney's going to say, well, she's
going to have to go through an entire eviction process
and it's going to take months, and meanwhile they're trashing
her home. I shudder to think what would happen if
s Mark shows up at his house and there were
some borders in there and they say, sorry, you can't
(01:08:46):
come in anyway, Sam, what's going on?
Speaker 13 (01:08:53):
Well, thank you for taking uch? Yes, sir? Along these lines,
what do you think the possibility would be to challenge
these municipalities that go into the trash business and then
charge you for not using their services.
Speaker 2 (01:09:11):
Oh, I've heard of that. Well, I've heard of that.
So in other words, in other words, Sam, where is
this happening?
Speaker 13 (01:09:19):
Well, Areva, Broomfield, gold Open Lake?
Speaker 2 (01:09:22):
But what what you know? Are you calling specifically about
your situation?
Speaker 16 (01:09:29):
Well?
Speaker 13 (01:09:29):
Yeah, in Broomfield, you know, they charge you ten dollars
and fifty cents a month.
Speaker 2 (01:09:35):
For are you in?
Speaker 5 (01:09:36):
Are you in Broomfield? Are you in Broomfield?
Speaker 14 (01:09:40):
Yes?
Speaker 2 (01:09:40):
Okay, so you're in Broomfield and you're charged how much
a month?
Speaker 13 (01:09:47):
Ten dollars and fifty cents for not using their service.
I mean, what a business plan?
Speaker 15 (01:09:52):
Wow?
Speaker 13 (01:09:53):
I mean I'd love to go into business.
Speaker 2 (01:09:56):
Now, May I ask something? I want to ask something.
If you did, I'd use the service. I'm not suggesting
you have to. Would the ten to fifty a month
go up for the service itself or would you not
pay anything?
Speaker 13 (01:10:12):
I'm not sure. I assume it would go up.
Speaker 2 (01:10:17):
What are you paying for your regular trash service right now?
Speaker 13 (01:10:21):
I do my own trash service, so I don't I
don't use their trash service.
Speaker 5 (01:10:27):
So you have never had a commercial trash service?
Speaker 1 (01:10:30):
No?
Speaker 2 (01:10:32):
Okay? So have you ever looked at what your neighbors use?
Speaker 13 (01:10:38):
Yeah? Oh yeah, the neighbors use the trash service. But
I know our Vada Golden Well, all these municipalities are
going into the trash business, which.
Speaker 5 (01:10:49):
Is a business.
Speaker 13 (01:10:51):
And then there's charge people. You know, I've got a
home in Arvada. They do the same thing.
Speaker 2 (01:10:56):
All right, This is interesting? Hold on, Sam, what about
at paying for not using a service?
Speaker 5 (01:11:03):
We'll explore this and more coming up.
Speaker 2 (01:11:07):
Go with a sure thing Denver's Best roofer Excel roofing
dot com. You don't pay a cent until you're content.
Time for an insurance check up free no obligation comparison
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of insurance companies. Find out now three oh three seven
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(01:11:29):
when you choose Frank durand the real estate man dot
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three nine two zero sixteen twenty two.
Speaker 1 (01:11:42):
Rints.
Speaker 15 (01:11:46):
So you don't have.
Speaker 1 (01:11:49):
Come, run in just as fast as we can.
Speaker 3 (01:11:53):
Shooter's gonna help come.
Speaker 4 (01:11:57):
This is the Troubleshooter Show.
Speaker 2 (01:12:00):
Tom Martino, Hey, Tom Martino here, Welcome to the show.
We are here fighting for you when we can sometimes
fighting against you if you're ripping people off. And you know,
I love doing the show and I love helping people.
I love it when a plan comes together, as Hannibal
(01:12:21):
used to say with the A teen. But here's the deal.
So many times I leave the show frustrated, especially when
we're dealing with a problem that Annette had. You know,
Nett's been in our house for years and years. She
(01:12:42):
took in some borders. Just two guys renting two rooms
in their forties and they're renting rooms and all of
a sudden stop paying rent in May. Then they got
a temporary protection order keeping her from coming into her home.
(01:13:02):
That temporary order was dismissed because a temporary order has
to be made permanent within days or it falls off,
it gets dismissed. And in order to make a temporary
protection order permanent, you have to have evidence, and obviously
(01:13:22):
they didn't have any evidence, nor did they have the
legal prowess to make the case. So she figures, I'll
just go home, But no contraire. She can't go home
because they have locked her out, and she is being
told it would be illegal for her to break into
(01:13:45):
her own home and disturb their peace. Now, this is
not like I'm making this up for conversation purposes. This
is not like it's happening in some third world country.
We're talking about Colorado. We're talking about a woman who
(01:14:06):
is now kicked out of her own home.
Speaker 5 (01:14:11):
I mean, think about that.
Speaker 2 (01:14:13):
But I know you're all thinking right now what you
would do, But you probably wouldn't because she'd get in trouble.
Speaker 10 (01:14:20):
Well, she should have posted a ten day notice and
got this rolling thirty days ago, simply for non payment,
and they wouldn't be there anymore.
Speaker 2 (01:14:29):
Yeah, I want to know how easy it's going to be.
We're going to readdress this coming up.
Speaker 10 (01:14:34):
Well, she said for nonpayment. Nonpayment, according to Brad, is
the easiest. That's one of the few reasons you can
evict someone fairly quick in Colorado.
Speaker 2 (01:14:42):
Still, and apparently something with squatters makes it even quicker.
Speaker 10 (01:14:47):
And I'd love to see the least she had is
a least for the entire property or for a room.
Speaker 5 (01:14:52):
Is there actually a lease at all? Yeah, that's what
we're going to find out. We're going to read it.
Speaker 10 (01:14:58):
We find out it's an ex boyfriend that possibly fixed
up the house and she hasn't paid it.
Speaker 2 (01:15:03):
Oh, there's two guys. There's two guys, and we will
get to the bottom of it. And now we're talking
to Sam, and Sam brings up something that really sparked.
Speaker 5 (01:15:15):
A lot of texts.
Speaker 2 (01:15:16):
People are just pissed off about this because they're living
in similar situations where the municipalities have gone into the
trash business and that's not you know, and and let
me tell you why they're doing it, Okay.
Speaker 5 (01:15:31):
Why they're doing it.
Speaker 2 (01:15:33):
It's it's like the West out here is Johnny come
lately back East. Every municipality offers trash service. You can't
get private trash service, you just it doesn't exist. So
right now, municipalities out here, cities and towns and counties
or whatever a municipality, they decide to go into the
(01:15:57):
trash business, they want times and dates uniform. They want trucks.
They don't want trucks from five different companies going to
five different neighborhoods at five different times.
Speaker 10 (01:16:10):
They want understandable, especially during winter with snowplows.
Speaker 2 (01:16:15):
Sure, and it's understandable when you consider that there are
so many people. You could have one neighborhood with four
different trash services. And cities you know, which are you?
You're the city, you are the city council. You know.
So if you live in that city, like Sam lives.
(01:16:35):
I believe Sam or you're talking about Broomfield. He lives
in Broomfield. He's being charged ten to fifty a month
for not using the city's trash service. So the alternative
is to use it and to get your money's worth.
Speaker 10 (01:16:51):
Technically, what you said is their entire argument, which has
been upheld.
Speaker 5 (01:16:56):
I think it was through a Boulder or Aspen case.
Speaker 8 (01:16:59):
Here's a go.
Speaker 10 (01:17:00):
But they're not charging what he called an opt out fee. Uh,
they're charging a utility fee tied to everybody.
Speaker 2 (01:17:09):
That's exactly right. It's a minimum it's a minimum monthly charge.
It's it's not an opt out fee or for not
using it. It's not a penalty. If you ask them
or their city attorney, they will tell you it's the
minimum fee.
Speaker 5 (01:17:28):
Period. That's all. There's a base fee.
Speaker 13 (01:17:31):
So I understand that. But can you go into a
business where you charge everybody a minimum fee?
Speaker 5 (01:17:43):
Of course, of course not.
Speaker 2 (01:17:45):
You can't. You can't, No, no excuse me. There can
be businesses who have a minimum fee. In other words,
all that happens all the time. If you do business
at certain plumbing supply houses, certain places, they have a
minimum fee. Now you're not charged. You're not charged the
minimum fee if you don't go into the store. But
(01:18:08):
in your case, this is not sam. In your case,
this is not a store you're walking into. It's a
municipality you live in with other citizens, and they have
all in essence, voted to have a minimum utility fee.
Speaker 10 (01:18:27):
It's just like when you get your tax bill for
your house. I don't care if you have kids or not.
You're gonna pay the school district stuff. You have no
benefit there. You're forced to pay that fee.
Speaker 5 (01:18:38):
Or that tax.
Speaker 2 (01:18:39):
I'm not telling you I like it. I'm not Sam,
We're not telling you we like it. I mean, no,
it does suck. But it's a minimum service fee for trash.
They have, as Mark said, they have service fees so
to speak, for school districts, they have fees for fire protection,
they have fee ease for everything. But Sam is looking
(01:19:02):
at this as a business. It's not a business. It's
a municipality. Municipality mutually owned by everyone and therefore they
share in the expenses. There was a time to make
an argument with city council not to have this, and
I imagine some people showed up and they were opposed
(01:19:24):
to it. But it's a minimum fee and atally, honestly,
what it is is a tax.
Speaker 10 (01:19:29):
But here's the problem. They're not allowed to raise taxes
in Colorado. So what Denver in all these municipalities now
do they call it a fee? And it has gone
through our court systems. It's a shady way of screwing
the people.
Speaker 2 (01:19:45):
It's a it's a way of raising taxes without raising taxes.
Speaker 5 (01:19:49):
That's exactly right.
Speaker 2 (01:19:52):
They simply has gone I think.
Speaker 10 (01:19:55):
With the Asiden, I pulled up court precedent on it.
The Colorado Supreme Court up held a similar fee in Colorado,
and that was Colorado Union of Taxpayers versus City of Aspen.
Aspen started charging everybody for wastewater services, everybody that lived there,
and eventually the court ruled it's constitutional and it is
(01:20:18):
a reasonable fee, not a tax, because they're not allowed
to do that, Sam, because it's the community, Sam, in
realistic terms, And really, I understand how frustrated you are.
Speaker 2 (01:20:32):
We get calls from people like you all the time,
and I say, like you, it's like me, I agree
with you in spirit. I don't like all of these fees.
So here's the deal. I think they should have service
fees for people who use a service, but I don't
(01:20:53):
believe they should have minimum fees if you don't use
the service. But they're allowed to do it. So if
you want to to take this, you're not going to
go beyond the Colorado State Supreme Court. You're never going
to go beyond that. The US Supreme Court would never
take this. They will never take it. So as far
as you're going to go is the Colorado Supreme Court,
(01:21:15):
which has decided on a minimum fee already. But however, however,
if you wanted to do that to bankroll this to
the Colorado Supreme Court, and I'm not trying to I'm
just trying to be a wise guy, it would be
a minimum of about three hundred and fifty thousand dollars.
I just asked Ai. I asked Ai what typical fees
(01:21:38):
would be, and to take this from one court to
another to another and get to the Colorado State Supreme Court,
you're looking at about three hundred and fifty thousand dollars. Yeah.
Speaker 13 (01:21:49):
Well, if this is true, and obviously you're saying it is,
and the courts have held it up. What we're dealing
with the socialism right, just because I mean, the pality
goes into a business, they can charge everybody and you
can't do anything about it.
Speaker 2 (01:22:05):
They can charge a minimum they can charge a minimum
minimum fee.
Speaker 1 (01:22:10):
Yes.
Speaker 10 (01:22:11):
And by the way, it has gone to the Supreme Court.
The court upheld a New York County ordinance and of course,
like Tom said, everywhere back east is the same way
and someone has sued same exact thing we're talking about.
And it was a six to three decision and it
is constitutional. So it's already been there. There is nowhere
(01:22:32):
to complain but to God.
Speaker 5 (01:22:35):
Yeah.
Speaker 2 (01:22:36):
And here's the thing. When you say socialism, you make
it sound shocking. First and foremost, we have many, many, many,
many systems in America that are socialists. Many, I mean,
and I'm not saying that in a negative way. Our
school system is socialism. The way it's funded and run.
(01:22:56):
Our treash service in municipalities you're mentioning our sewer and
water system is socialism. It's spread out amongst all people.
And so it's not shocking to me when you say
care healthcare, Medicare is socialism. Is socialized.
Speaker 10 (01:23:16):
Got anything you buy through the exchange for health care
is Yeah.
Speaker 2 (01:23:21):
Being socialized simply means that society shares in the expense
and you have no individual choice. Sam, you think this
just started? For God's sakes, I mean, how old are you?
We have so many things that.
Speaker 5 (01:23:39):
Are socialized in America.
Speaker 2 (01:23:42):
Our government isn't, our our economy in general isn't. But
there are many aspects that are socialized.
Speaker 5 (01:23:50):
And that's it.
Speaker 2 (01:23:52):
I mean, you know, does that shock you?
Speaker 13 (01:23:56):
I understand, Tom, and you know the last year and
for State Senate when that's surprised you try, you know,
because one of the things I ran on is these fees.
Speaker 2 (01:24:10):
You know.
Speaker 13 (01:24:12):
Hard to these that's taxation without representation.
Speaker 2 (01:24:17):
It absolutely is not. It is absolutely not taxation without representation.
The representation is the city council who voted it in
the city council, was.
Speaker 10 (01:24:28):
Voted in by the voters. It is absolutely not right.
Here's I don't know if I agree with you on that.
I mean, really the Gallant not Gallagher, but what is it?
Tabor Taber pretty much says they're not allowed to raise
taxes without putting it on a ballot. And their way
around it was simply creating a fee. I think it's
(01:24:50):
phony baloney.
Speaker 2 (01:24:51):
Okay, But but they created a fee with elected officials.
It wasn't a bureaucrat sitting in an office. That is
what is taxation without representation. Now you may not like
that they're taxing you and they're calling it a fee,
but you can't say it's without representation. You can vote
(01:25:12):
out the city council. They are your representatives, and where
you live, you have a council person for your area. Look,
I mean, you know, do people getting people don't get involved.
I agree with you, Sam, but but you know we
have these we have these sayings. We say socialism and
(01:25:32):
taxation without representation, and and.
Speaker 5 (01:25:36):
It is a tax.
Speaker 2 (01:25:37):
It is a tax. They call it a fee and
they can rightfully do so according to the Supreme Court.
Speaker 5 (01:25:43):
You know, I mean I don't know what else we do.
I mean we individually, go ahead.
Speaker 13 (01:25:51):
I appreciate your you know, your explanations and no, and.
Speaker 2 (01:25:55):
I agree with your frustration. Look at right now, technically,
right now, for right now, the law has been set
where municipalities can set fees. The way to stop that
is to get rid of the set to the city
council that does it. But there will still Here's the thing.
(01:26:19):
You get into office, you think you're going to do something,
and then you find out you can because it's impossible.
By the way, have you noticed, Sam, I have to
take a break. I was going to ask you if
you notice the trust service of your neighbors and stuff
and how is it working out?
Speaker 5 (01:26:37):
But I have to take a break. We have more
coming right up.
Speaker 2 (01:26:44):
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Waterpros dot Net three zero three eight six two five
five five four. Now let's talk about this squatter thing.
I am getting so many texts about what people should
do about it. This, Yes, this frustrates us. We'll have
our attorney on. But it's only going to be more frustrating.
You know, this minimum fee for trash, it's frustrating. You
(01:28:27):
know what about you know you work at a recovery
center and you're not being paid anymore, and you haven't
been paid for months. What about a bank that tells
you that your electronic transfer has not shown up and
yet the money was taken out of your account. You know,
it's a wonder we can do this show and walk
(01:28:48):
away feeling good. I mean, it's it's sometimes and there
is nowhere else to go. So you come to the show,
and we do have people behind the scenes working on
this stuff. But think about coming home one day and
you're locked out of your house and you are not
(01:29:09):
allowed to break in or to unlock, or to move
to go back into your home. The borders that you
have had declared it their own and have locked you out.
Speaker 5 (01:29:22):
They've locked you out. You're done.
Speaker 2 (01:29:25):
So what areas of the law do you use? Well,
there are expedited evictions, we're told, and we'll talk to
Brad O'Brien, our real estate attorney coming.
Speaker 5 (01:29:36):
Up somebody else.
Speaker 2 (01:29:38):
Here are some other suggestions people are making that you,
as the owner of that home, are not obligated to
keep the electricity on, or the water, or the heat
or any part of it. So they would contact utilities
and have everything turned off. You're not acquired.
Speaker 5 (01:30:02):
To keep this on.
Speaker 2 (01:30:03):
But then there are other people saying when I look
that up, that you could be in trouble. It would
be considered self help or self eviction, meaning that you're
trying to take matters into your own hands.
Speaker 5 (01:30:17):
Which is not allowed. So you would have to file.
Speaker 2 (01:30:22):
I think one of the quickest things is under the
new law, filing for nonpayment. But she's got to get
this show on the road. Not only that they're wrecking
the home. And here's the real rub. When they leave
the house, eventually she gets her home back, there's no
one to go after. They're not going to have any
(01:30:44):
money to pay her back. When does something civil become criminal?
When should it be criminal? Can't we can't we restore
common sense into the law. I mean, the reason things
are called civil in this matter is because they don't
want landlords taking advantage of people, and so we have
(01:31:06):
laws in place. But then what about when people take
advantage of landlords or people not even landlords or property owners.
I have said this before. You can come home from vacation,
and I don't care who you are or how you
think it won't happen. You can come home from vacation
(01:31:26):
and be locked out of your home from someone who
claims that you rented it to them. You can absolutely
be locked out and there's nothing and if you try
to take matters into your own hands, you can be
arrested for it. It can happen.
Speaker 5 (01:31:44):
So what do you do.
Speaker 2 (01:31:47):
You live with it, You use the courts.
Speaker 10 (01:31:50):
Yeah, she's got to start the eviction no matter what
you know. They might be allowed to change the locks.
But if they didn't, for example, give her a key immediately,
then they did break to rules and an eviction should start.
If they haven't paid, the eviction should start.
Speaker 1 (01:32:06):
Now.
Speaker 2 (01:32:06):
Jay's got a comment, Go ahead, Jay, what is your comment?
Speaker 17 (01:32:13):
Yes, sir speaker there so, I don't know where this is,
but they've got new laws in Colorado where you can
have like a million people renting your house. If they
rented this to say fifteen extra, say, oh really, aggressive bikers.
It didn't like people very much, you know, wink wink,
(01:32:37):
you know.
Speaker 2 (01:32:38):
Jay, I think you know someone else has suggested that,
and it doesn't sound so far fetch. You could rent
it out and give other people legal rights to have
that home, but they'd have to break in.
Speaker 5 (01:32:51):
That's the part that gets troubling.
Speaker 17 (01:32:54):
Well, once they have a legal rental agreement, aren't they
entitled to a key?
Speaker 5 (01:33:00):
Well, but they've changed the locks. They've locked her out.
Speaker 14 (01:33:05):
Well that you're not allowed to do that.
Speaker 2 (01:33:08):
What do you mean you're not allowed to do that,
but they did it.
Speaker 15 (01:33:11):
Well, don't stop.
Speaker 17 (01:33:12):
No, but there's no lease on her that allows you
to change the locks. So they broke the lease right there.
Speaker 10 (01:33:17):
No, no, no, no, that's not true unless the lease
actually says you cannot change the locks.
Speaker 5 (01:33:24):
And I don't even know if she has the lease.
Speaker 10 (01:33:26):
They are allowed to change the locks, but they have
to give her a key, like really quick.
Speaker 17 (01:33:32):
See, so she can get a key.
Speaker 2 (01:33:36):
She can Okay, Look, she was told she can't gain
access to the house. She'd get in trouble without going
through she she doesn't even know what her situation is here.
Here's the point. The point is the laws are not
set up for law abiding people.
Speaker 5 (01:33:58):
They're set up for some back around them.
Speaker 2 (01:34:01):
Well, of course you do. I don't know.
Speaker 5 (01:34:03):
I don't disagree with you. I don't disagree with you.
Speaker 17 (01:34:07):
You make a stupid law I find to work around.
Here's the thing you're locking me out with.
Speaker 13 (01:34:12):
No key.
Speaker 17 (01:34:13):
I'm the owner of the house. I'm the landlord.
Speaker 2 (01:34:15):
You owe me your key, or let me let me
ask you something. Let me let me ask you. I
really want you to think about this and not just
give a knee jerk response. If you came home one
day and there were two people living in your home
saying that you rented it to them, and they refuse
to let you in, what would you do?
Speaker 5 (01:34:33):
Be honest here, what would you do?
Speaker 2 (01:34:34):
Are you talking people you actually rendered it to or
just complete No, I'm talking about too random. I'm talking
about too random strangers that occupy your home and claim
that you rented it to them.
Speaker 5 (01:34:47):
I'd kill them.
Speaker 18 (01:34:49):
I would.
Speaker 4 (01:34:49):
I would.
Speaker 5 (01:34:50):
Uh, Well, you wouldn't kill them, Mark, But what would
you do?
Speaker 2 (01:34:53):
Jay?
Speaker 18 (01:34:53):
I would?
Speaker 5 (01:34:54):
Okay, what would you do?
Speaker 1 (01:34:55):
Tom?
Speaker 10 (01:34:55):
I'd be afraid they're in there. They're going to hurt
my children, hurt my wife.
Speaker 5 (01:34:59):
They're in my Hea, I don't know.
Speaker 2 (01:35:00):
What I mark. I don't know. Honest to god, I
don't know. I mean I know, I know we say
what we would do, but really think about it. Okay, Jay, Okay.
Speaker 17 (01:35:10):
No needtion.
Speaker 5 (01:35:13):
Hi, What would you do?
Speaker 17 (01:35:15):
I would assume that they are threatening me if I
come into my house, and therefore I would let them
make my day.
Speaker 2 (01:35:23):
Would you pull a gun on them and tell them
to get out.
Speaker 17 (01:35:27):
I'd pull a gun on them. If they didn't, I
would kill them.
Speaker 5 (01:35:31):
I think most people would.
Speaker 17 (01:35:32):
Man, I really do too.
Speaker 2 (01:35:37):
Okay, you mean so far? I mean you know, listen,
things have gotten a lot better than they were. I
mean under under Biden, it was there was no law.
I mean everybody what was happening Biden and newsome my god.
In California people still live in fear. Celebrities live in
fear because anybody can can squat on their property. That's
(01:35:58):
why they had these giant gay and all of that,
because once they squat, they're there for a long time.
Hold on, Jay, I'm not Jay. Thank you for your comments, Shay,
And I know you say make my day. You'd walk
into your home there are people there and you say,
oh my god. You know you know they're intruders. They're invaders,
(01:36:19):
and I don't know. I don't know how it would work.
I don't know, and I'm not professing to have the answers.
In fact, every day, every day, things come up on
this show that frustrate the living crap out of me.
And I think that common sense, common sense has gone away.
(01:36:40):
It's not like it used to be, where it was
just common sense. You don't break into someone's house and
claim you live there, and if the owner came back,
you're in trouble. You know the police would come and
kick your ass out of there. We got more coming
up on the Troubleshooter Show. Go with a Sure Thing
(01:37:00):
Denver's Best rufer excel Roofing dot com. You don't pay
a cent until you're content. Time for an insurance checkup
free no obligation comparison call Compass Insurance paying too much
your coverage at dozens of insurance companies find out Now
three oh three seven seven to one help. You'll think
you're his only customer when you choose Frank durand the
(01:37:22):
Real estate Man dot com to list your home with
Remax Alliance three oh three nine two zero sixteen twenty two.
Speaker 5 (01:37:36):
Hi Tom Martino.
Speaker 2 (01:37:39):
Three O three seven one three talk three O three
seven one three eight two five five.
Speaker 5 (01:37:45):
Okay, we have with us in the studio.
Speaker 2 (01:37:48):
Mark Schamansky, Genesis, Tootalexteriors dot Com. Matt Stanford from Paragon Services,
a public adjuster who helps people with insurance claims. Mark Schamansky,
you want to ask a question. Have you come across
stubborn insurance companies where you know something has been damaged
in the storm and they simply refuse.
Speaker 5 (01:38:10):
To cover it.
Speaker 9 (01:38:11):
Matt and I deal with this on a daily basis.
Matt's sitting right next to be laughing, So, yeah, we do.
We just had an interior remodel. Yes, just those persons
at the house started on fire, and so we were
going through and you know, putting our house back together,
and you know, just things that were right next to
the fire, the boiler that got damaged.
Speaker 5 (01:38:32):
You know, they had to repair all the parts.
Speaker 9 (01:38:33):
But then it's like, you know, the boiler just needs
to replaced because it you know, it's it's affected by
by the heat from the fire. And yeah, they just
fight non stop, just give up more things and more
things for you to keep producing for them, for them
finally say yes.
Speaker 5 (01:38:51):
Do they finally say yes to replace the boiler or
no they never did. It was all the parts that
we replaced, that was it. And how much did they
save by replacing all the parts and not?
Speaker 9 (01:39:01):
Yeah, the boiler itself would have been forty thousand, and
so all the parts came to about eighteen.
Speaker 5 (01:39:06):
So there's a sub st and you're talking to an
adjuster through this, right, you.
Speaker 9 (01:39:11):
Know what The crazy part two is, Matt or Matt Tom.
These people were living in a house and there was
a hire and home and so they're rental was seven
thousand dollars a month. They would argue things with us
for a couple of thousand dollars that hey, if we
got this done, they can move back in, and they
would argue it and pay another month's rent. It just
didn't make sense.
Speaker 2 (01:39:30):
Hey, Matt. So when it comes this is a good
point when it comes to repairing or replacing, where do
you draw the line?
Speaker 5 (01:39:40):
Wait, when does it become stupid?
Speaker 6 (01:39:44):
Well, with something like a boiler, I would have an expert,
you know, run testing on it and say this, this
has been compromised. When it's something more along the lines
of trying to piece meal together, you know, maybe a
water heater something like that. You know, you just you
get got a weigh the costs essentially, so you get
(01:40:05):
to a point where you're, all right, we're going to
replace ABC component.
Speaker 2 (01:40:08):
That gets to yeah, but how do you demand that
it be replaced? Is what I'm saying, as opposed to piecemeals?
How do you demand that of the insurance company if
you have a jackass adjuster.
Speaker 6 (01:40:20):
Usually when I run into that situation, I bring in
somebody who actually works on whatever component we're looking at,
so I can say it all day long. But I'm
not a plumber, right, I'm not a technician. If we
have somebody with a reputable company on their letterhead draft
a letter saying this is unreasonable to repair needs replaced,
that usually gets to do.
Speaker 5 (01:40:40):
And that is the essence. That is the essence of
bad faith.
Speaker 2 (01:40:45):
Is a legitimate claim that's delayed or denied what is
considered legitimate. They could say, let's just say this boiler.
They could say, wait a minute, the boiler's perfectly good
and can be repaired. And then you'd have to get
an expert to say the opposite, right, right, And it
comes down to if they say it's it's okay and
(01:41:08):
it can be repaired.
Speaker 6 (01:41:09):
Okay, prove it, because I guarantee you their adjuster doesn't
know anything about a boiler.
Speaker 2 (01:41:13):
He's just trying to get this thing paid.
Speaker 5 (01:41:15):
And if they can't prove it, that's considered.
Speaker 2 (01:41:18):
What I heard is in Colorado, if you have just
one licensed contractor, it could be unreasonably denied if the
other if the insurance company does not recognize a licensed contractor.
Speaker 6 (01:41:33):
For the most part, that's true, but like I mentioned
earlier in the show, today, some contractors, you know, they
shoot for the moon with their pricing, and the insurance
company is going to push back on that.
Speaker 2 (01:41:42):
So that's why it gets a little sticky. Well, yeah,
you need an honest contractor to not someone that's gonna
milk it. And again, it shouldn't be down to price.
It should be down to replacement or repair. And then
then you go out and find the best price you
get authorization to replace. Listen if you have any questions
(01:42:03):
on filing claims insurance or otherwise, or general construction. Of
course with Mark Schamansky, he's here, and anything else on
your mind. Three oh three, Martino, go with a sure thing.
Denver's best roofer Excel Roofing dot com. You don't pay
(01:42:24):
a cent until you're content time for an insurance check
up free, no obligation. In comparison, call Compass Insurance. Pay
too much your coverage at dozens of insurance companies find
out now three oh three seven to seven to one help.
You'll think you're his only customer when you choose Frank
durand the real estate Man dot com to list your
(01:42:44):
home with Remax Alliance three oh three nine two zero
sixteen twenty two. Hi Tom Martino here at three O
three seven one three talk three zero three seven one
three eight two five five souh in threatening bad faith?
(01:43:08):
Does it move mountains? Do they take that seriously? I
was told that.
Speaker 5 (01:43:16):
Again, the burden of proof is not much.
Speaker 2 (01:43:23):
To make a legitimate claim. It simply has to be
assessed by a licensed contractor in the area of expertise
or in the area of damage, and then the insurance
company really has has no choice. And I think insurance
(01:43:47):
companies push when they don't think people know this, And
I think you probably have found this man, haven't you
Have you found Sometimes just your mere presence when you
start talking to them, they might think they might change
their tune and meanwhile, the homeowner has been fighting for
(01:44:07):
something for a long time.
Speaker 13 (01:44:09):
Yeah.
Speaker 6 (01:44:09):
Usually when I get involved, they tend so a lot
of times they'll reassign the claim to a completely new adjuster.
And I think that their strategy behind that is they
want a fresh perspective and they know that beyond myself
is likely an attorney on speed dial, so they try to,
you know, play fair in most cases. I noticed that
(01:44:32):
now sometimes an insurance company just doesn't care. I threaten Okay, well,
let's let's negotiate this and if not, I'm gonna get
my attorney involved, and they go, okay, cool, bring it.
And those are typically the big boys, right like State
Farm All State. Some of the more boutique insurance companies
are a little bit easier to massage, right, like the Hartford, Chubb,
(01:44:56):
Amica Acuity. Those are those are my favorites, and they're
they're lot easier to deal with.
Speaker 2 (01:45:01):
Someone just texts me what exactly is bad faith and
how do they start it? And do they have to
go through a process first. The answer is yes, there
is a process, and we will explain that from the
base up, you should not be denied legit claims and
we'll tell you why and how to tackle that.
Speaker 5 (01:45:19):
Coming up, Go with a.
Speaker 2 (01:45:21):
Sure thing Denver's Best roofer Excel Roofing dot com. You
don't pay a cent until you're content. Time for an
insurance check up free, no obligation comparison call Compass Insurance
paying too much your coverage at dozens of insurance companies
find out now three O three seven seven to one help.
You'll think you're his only customer when you choose Frank
(01:45:43):
durand the real estate Man dot com to list your
home with Remax Alliance three oh three nine two zero
sixteen twenty two.
Speaker 1 (01:45:58):
News. That's who you don't have.
Speaker 3 (01:46:03):
Come run in Chess as the cab Shooter is gonna help.
Speaker 4 (01:46:08):
Come Max is the Troubleshooter Show. No Tom Martino.
Speaker 2 (01:46:16):
Till I'm Tom Martino. Welcome to the show. This hour
brought to you by Dan McKenzie McKenzie Law. If you're
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Speaker 5 (01:47:04):
What is going on in your mind?
Speaker 2 (01:47:06):
On your mind today?
Speaker 1 (01:47:07):
And what do you have?
Speaker 2 (01:47:08):
I have some text here from people who say they
believe they're the victim of bad faith, but they've never
heard the term before and they don't know how to
use it. One has a roof that has to be
replaced and as part of it the roofer notice bad
decking and Mark Shamansk you can explain what decking is
(01:47:32):
the wood underneath right, and they say you're decking needs
to be replaced. But the uh, the insurance company is saying,
while you might have storm damage to the roof, the
decking is due to old age. God, how would you
make a distinction there when when the storm brings out
(01:47:55):
something Okay, wow, you need a roof. But now when
you get into it you find you have an aging
decking or was it destroyed or was it made bad
by the storm?
Speaker 9 (01:48:06):
Guys, I tell you that that's a tough one because
the most likely the reason for the bad decking is
poor ventilation. You know, it's the number one cause of
bad decking underneath your shingles. And so if they had
bad uh, you know, ventilation, then all a sudden you
just tear the shingles off and you see it's really soft,
and it's like, okay, now we got to layer on
top of this, and hey, mister insurance company, will you
(01:48:26):
pay for this?
Speaker 2 (01:48:27):
You don't know, which that's not gonna happen.
Speaker 5 (01:48:29):
In most cases they're.
Speaker 2 (01:48:30):
Just oh, really no, and they'd be and they would
be justified in turning it down, is what you guys
are saying.
Speaker 6 (01:48:37):
Yeah, I've seen it a few times where the hail
was it really was big enough and dense enough that
it damaged the decking under the shingles.
Speaker 5 (01:48:45):
But that's so rare.
Speaker 6 (01:48:47):
There was actually, if you remember the Cheyenne Mountain storm
of five six years ago, grapefruit size hail went through
My god, all the way through into people's living room.
Speaker 2 (01:49:00):
That would scare the living hell out of it. You
don't imagine how.
Speaker 5 (01:49:04):
Do you run from it? You know, So that that's
just so rare.
Speaker 6 (01:49:08):
So back to the decking thing, there is such thing
as plank decking, which was used in the mid nineteen
hundreds and before. If you have plank decking, the insurance
company will replace it with new decking if it's got
the I think, what is.
Speaker 5 (01:49:25):
It a quarter inch gap?
Speaker 9 (01:49:27):
We need at least more than a quarter inch gap
in the in the quarter you know, on the planking.
And then we just lay on top of it, you know. Yeah,
we don't pull it off.
Speaker 5 (01:49:34):
We just lay on top of it.
Speaker 8 (01:49:35):
And you put your singles on top of that.
Speaker 2 (01:49:37):
All right. Someone said they have a deck and during
a hailstorm and associated winds that their roof was destroyed,
and a contractor mentioned their deck, the decking on their
deck is really scarred and needs to be replaced. The
adjuster said, this is structurally fine. Sand it and paint it.
(01:50:02):
Mark Schmansky, what about that.
Speaker 9 (01:50:04):
We've we've ran into this before where the insurance company
actually paid us to sand the duck down, and then again,
and then got to the point where now you're all
the saying you're dealing with the structural capabilities of the
duck because you're standing it so far down, plus all
your screw heads are sticking up right, so it's not
worth it. And so then they end up paying us
to replace the duck boards.
Speaker 2 (01:50:25):
This is back before we're looking at in this case.
In this case, they're not they're not moving. They're saying, no,
you sand it down, and they're even saying you may
have to unscrew it. And I mean after you sand
it down, you may have to put new screws in.
I mean, this gets to be labor intensive. At what point, Matt,
(01:50:45):
do you say this is ridiculous? And could it be
bad faith? In other words, it's paying a partial claim
bad faith? Or is it when you when you deny
the whole claim. I understand that if you pay part
of a claim and you've and you've unreasonably denied the
full claim, that also can.
Speaker 5 (01:51:04):
Be bad faith.
Speaker 2 (01:51:05):
Yes, that would qualify too.
Speaker 6 (01:51:07):
So, and I'm putting my attorney hat on now obviously
not offering legal advice. But when I do make a
call to the attorneys I work with, I say, hey,
I've got this claim. They underpaid it, and that's all
they need to know that they underpaid it or unreasonably
denied it. And if they underpaid it, we need to
know what they should have paid, which comes from a contractor.
Speaker 2 (01:51:29):
Okay, or they delayed it too. Delaying could be a tactic. Yes,
now someone okay, so bad faith is bad. Somebody wants
to know about bad faith? Is it a claim you
can make with cars as well? The answers yes, any
insurance contract can have bad faith. Bad faith is basically
(01:51:49):
where you have a contract and an agreement. You know,
you have a contract and an agreement, and you knowingly
are delaying or knowingly denying.
Speaker 5 (01:51:59):
Something that should otherwise be covered.
Speaker 2 (01:52:01):
It's not like you have a real legit I mean,
you don't have a legit reason for it. That's why
it's bad faith. In other words, good faith would be
what do we use here? Do we have to replace
the entire roof or just half of the roof? That
could be just what is that's good faith meaning we're
(01:52:24):
not sure. Bad faith would be you know, we're not
even sure you have any damage at all?
Speaker 5 (01:52:32):
Would you say that? Mark something like that?
Speaker 2 (01:52:34):
Because there are legit times when you have to prove
your case or you negotiate with the insurance company. Then
there are other times they're unreasonable. The law says they
have to be unreasonably denied or delayed.
Speaker 9 (01:52:48):
Well, it's funny because I think of Siri because Siria
was a caller, really had on here, you know, months ago,
and Matt and I both worked on it, and I
walked it first with a jester and it was just
ridiculous what he was saying.
Speaker 5 (01:52:58):
Nope, nope, nope.
Speaker 9 (01:53:00):
And then okay, come on, Matt, you got involved in
this one because you get to say things I can't say.
Speaker 6 (01:53:05):
Ye, right, And I think ultimately that one they never
did acknowledge the damage, did they They did? They pay
for half well and they So here's what they're doing now,
Tom is they're they're using these storm dates to manipulate
the thing too. So they'll say, all right, well this happened,
the hail on this roof looks like it was two
inchil We don't see any record of two inchail within
the last year, therefore not covered so right, because you
(01:53:29):
only have a year to file a claims, So they
might look out a roof and say, well, we'll cover
some of the damage because it was recent, but there's
some damage on there from previous storms, right.
Speaker 9 (01:53:40):
Right, That happened with Suri and so yeah, she had
some big damage. But then there was a storm that
was a year and a half old for three quarter
in jail and they say, well, we're not find those hits.
Speaker 5 (01:53:49):
So it was it was a weird one.
Speaker 2 (01:53:51):
And how do you how do you set the date
of loss? That is what someone else asked.
Speaker 5 (01:53:57):
How do you know? You know you have damage, but
how do you know the date of loss?
Speaker 9 (01:54:02):
There's records that we can go back to as companies
that actually keep this data for us, and.
Speaker 2 (01:54:07):
We just put you actually have data that a certain
neighborhood was hit by hale.
Speaker 9 (01:54:12):
Yeah, you put it in an address and tells you
the last time there was hale and how big it
was and really.
Speaker 2 (01:54:19):
And so then if and that can work against you too,
right for example, because if.
Speaker 9 (01:54:24):
There was yeah one in Conifer, three year old hale
and it was bad, the house is beat up and stuff,
but they never called in a claim, and I mean
they approved it and then they denied it.
Speaker 2 (01:54:33):
Right, And so that's that's why it's important, guys, isn't
it important? Mark If there is a storm, or you
think there was a storm that could have hurt you,
or you even feel like you could have been impacted,
you at least get it checked. You never call your
insurance company first, right, Yeah.
Speaker 9 (01:54:52):
You can call matt or Genesis, which everyone first, and
then we'll go do it inspection and let you know
if you should call a claim.
Speaker 5 (01:54:59):
Do not call in insurance company.
Speaker 2 (01:55:00):
First, right, So what you do because if you call
an insurance company, whether they pay or not, they counted
against you just the mere fact you're inquiring about it
counts against your clue report and you become known as
a higher risk Trust me.
Speaker 5 (01:55:15):
That's true, by the way.
Speaker 2 (01:55:18):
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check up free, no obligation. In comparison, call Compass Insurance
paying too much your coverage at dozens of insurance companies
find out now three oh three seven seven to one help.
You'll think you're his only customer when you choose Frank
durand the real estate Man dot com to list your
home with Remax Alliance three oh three nine two zero
sixteen twenty two. Hi Tom Martino here three oh three
(01:56:51):
seven one three talks seven one three eight two five five.
Speaker 5 (01:56:55):
Someone said, you know, Tom, that guy to.
Speaker 2 (01:56:57):
Talking about socialism doesn't know what the ell is is talking.
You don't know what the hell you're talking about when
you're talking about communism. So let's just clear that up.
And I looked it up, so so I mean it's
no secret. I'm not taking this out of my head.
Communism is basically where the government controls all means of
(01:57:23):
production period factories, and they own all the land, and
it's all owned collectively by the government, which is presumably
the people, but many times it's the political party that's
in control.
Speaker 5 (01:57:41):
And it seems a lot like it's not commonly owned.
Speaker 2 (01:57:46):
But supposedly the ownership and wealth is shared equally amongst people,
but a lot of people in communist systems say it's
basically the alig arts and the and the party leaders
that benefit. That's what communism is how people criticize it.
(01:58:09):
Socialism is a private ownership and markets, but the government
controls them and also owns big parts of the free
market sector like healthcare, energy, medicine that would be socialized.
(01:58:32):
They have some private ownership, but even in private ownership,
the means of the prices and all of these distribution
and everything is again controlled by the government. Fascism is
basically authoritative, very dependent on a personality, and they have
(01:58:59):
a nationalists authoritative system and basically control every aspect of life.
There is no private ownership and they just control everything.
Of course, you know, we've always heard people calling Trump,
you know, a fascist. He's saying he's a fascist, he's
(01:59:19):
a dictator. And that's where you get dictators is under fascism,
under communism, they're not.
Speaker 5 (01:59:26):
Really a dictator.
Speaker 2 (01:59:27):
They're a party leader, and it looks a lot like
a dictator though, and in socialism it sounds more friendly.
Socialism is where America, if you had to pick a system,
is where America leans in common ownership of key aspects
or common distribution of like medicare.
Speaker 5 (01:59:50):
Okay, that's a socialized system.
Speaker 2 (01:59:52):
Whether you like it or not, it is, and there
are different kinds of systems, but it's it's a capitalistic
society in general. Now, just so we know where we're
we're not having a political discussion. But some guy had
mentioned he didn't like the minimum service fee being charged
(02:00:13):
by Broomfield for trash pickup, and he said he didn't
use it, so he said it was socialized.
Speaker 5 (02:00:19):
That's why that discussion happened.
Speaker 2 (02:00:21):
Roy, You want to talk about your roof, go had Roy.
We got the experts in time to do it.
Speaker 15 (02:00:28):
Yes, sir. So another year ago we got damage on
the roof from wind and hail and we had so
we followed our claim and we had a estimator for
doing roofs come up from He was out of Denver,
and he didn't you can tell you damn enough parents, really,
because he went right along with the Gester and saying that, oh, yeah,
(02:00:51):
there's just not enough damage. You can't prove it. There's
enough damage from the storm and everything, and I've got
missing tiles. And since then, I've I've had two contractors
come out and look at my roof and they're all
they all agree the fact that there's damage and that
the tail damage is enough to get the repair that
are actually replacement done on both my house and my
(02:01:14):
roge pro shop. And uh, they will not send the
adjuster out again. Insurance, Roy, I.
Speaker 2 (02:01:21):
Want to ask you a question or two. I want
to ask you a question. On the first time around
this inexperienced roofer, did the insurance agree to any repairs
at all?
Speaker 21 (02:01:32):
No?
Speaker 5 (02:01:33):
None, They said there's not enough damage or no damage.
Speaker 15 (02:01:38):
Because there's not enough damage.
Speaker 2 (02:01:40):
Well what see?
Speaker 5 (02:01:41):
What not enough damage?
Speaker 2 (02:01:43):
I don't even know what that means? Not enough damage?
But but they said there was some damage.
Speaker 15 (02:01:51):
Yes, and you know, like I said, I'm missing Kyles
and I'm missing no.
Speaker 2 (02:01:55):
So okay, Roy, if there was some damage, why didn't
they pay some money? Why would they say they're not
going to pay anything?
Speaker 15 (02:02:05):
Exactly, That's that's the thing.
Speaker 2 (02:02:07):
Well, Well, exactly did you ask him that? Did you say,
wait a minute, even if there's only a little damage,
or are you going to pay for a little damage.
Speaker 15 (02:02:17):
We've been in contact with their insurance so many times
just trying to get them.
Speaker 5 (02:02:21):
Do you have the denial letter that could help?
Speaker 15 (02:02:25):
A denial letter?
Speaker 5 (02:02:28):
Do you have one?
Speaker 15 (02:02:29):
I'm sure, yeah, I'm sure I do.
Speaker 5 (02:02:30):
All what's your deductible? Do you know how your deductible is?
Speaker 7 (02:02:35):
Oh?
Speaker 15 (02:02:35):
Man, I want to say, it's like something like that.
Speaker 2 (02:02:41):
So they're probably saying, they're probably saying your damage doesn't
amount to the deductible. But here's my bigger question, and
I think it's Roy's question, and this is for Matt. Matt,
if you had the adjuster come out and you didn't
like what you heard, you can have it reevaluated.
Speaker 5 (02:02:58):
Don't you have a certain timeframe?
Speaker 2 (02:02:59):
He put in a.
Speaker 5 (02:03:00):
Claim it's alive, doesn't he When did the mount Roy?
Speaker 15 (02:03:07):
When they come out? You broke up to say, again.
Speaker 5 (02:03:11):
When did the adjuster come out? When did this happen?
Speaker 15 (02:03:15):
This happened last year, last that summer, or I'm not
quite sure what the exact dated it was last year and.
Speaker 5 (02:03:24):
You might have waited too long.
Speaker 2 (02:03:26):
Well listen once he puts in a claim Matt, does
it go away in a year or what what happens?
Speaker 6 (02:03:32):
It'll it'll go inactive, or they'll close the claim after Really.
Speaker 2 (02:03:37):
Kenny reactivated as long as he contacted them within the
first year, Kenny reactivated.
Speaker 13 (02:03:44):
Yes.
Speaker 6 (02:03:45):
The clock usually starts when they offered their determination. So
whatever date is on their denial letter or their estimate,
whatever they put together, the clock starts there.
Speaker 5 (02:03:54):
So you know the clock for how long? The clock
for how long? For a year?
Speaker 6 (02:04:00):
And then beyond that, you would it might be beneficial
to just file a newer acclaim with a newer storm
In this.
Speaker 2 (02:04:07):
Situation, we just have to see the dates we need.
You know, if you could send over what Roy, if
you can get your denial letter, it's going to be key. Okay, okay,
So let me get this straight.
Speaker 15 (02:04:20):
They want they would not.
Speaker 2 (02:04:22):
Well, well, Roy, Roy, it might be beyond the statute
of limitations and they know it. That's why. So we
need to see you.
Speaker 10 (02:04:30):
But wait, wait, wait someone, if they deny it, why
would they come back out is and now the balls
in your court? How do you once they say we're
not going to do anything, what did they have to
come out every week and tell you again?
Speaker 2 (02:04:44):
Yeah?
Speaker 6 (02:04:44):
I mean usually in this circumstance, I would get photos
and an estimate put together, send it over to the
insurance company and say you got this wrong.
Speaker 2 (02:04:51):
We want this reevaluated. Yeah, but here, but I want
to go over I want to go over those I
want to go over those timeline in a second. So
people are getting confused. Some guys said, I thought you
only had a year from data loss. That's to repair,
that's to file the claim. But there are other deadlines
to reopen stuff. Hold on, we'll go after that and more.
(02:05:14):
I'm Tom Martino three O three seven one three A
two five five Go with a sure thing Denver's best
roofer Excel Roofing dot com. You don't pay a cent
until you're content. Time for an insurance checkup free, no obligation.
(02:05:35):
In comparison, call Compass insurance paying too much your coverage
at dozens of insurance companies find out now three oh
three seven seven to one help. You'll think you're his
only customer when you choose Frank durand the real estate
Man dot com to list your home with Remax Alliance
three oh three nine two zero sixteen twenty two. Hi
(02:05:56):
Tom Martino, you're a troubleshooter. Okay, so I want to
I want to ask Matt some this is really important.
So you have one year from the date of loss
to file a claim. Once you file that claim, have
you don't have to keep it within the year if
you protest it or fight it, or the appraisal process,
(02:06:17):
or or you want to get you involved.
Speaker 5 (02:06:21):
How much time after they come out and look at
it do you have?
Speaker 2 (02:06:25):
You have two years to dispute a determination. So okay,
So one year to file a claim and then two
years from the date of denial correct or or or
under determination or something. I mean, it could be it
could be that they undervalued it. But whatever determination they made,
(02:06:47):
you have two years from that date. Correct.
Speaker 5 (02:06:50):
Thank you for clearing that up. People were getting very confused.
Speaker 2 (02:06:53):
They thought that they had to hurry up and get
everything done within the first year past the loss. It isn't.
Speaker 5 (02:06:59):
The eight of loss is the hailstorm.
Speaker 2 (02:07:01):
You file the claim and when the insurance company comes
back with a determination, which you must demand in writing
when you or email whatever. When you get a determination,
you have two years from that date. So, Roy, are you.
Speaker 5 (02:07:15):
Within the two years of determination?
Speaker 15 (02:07:20):
Yes, sir?
Speaker 2 (02:07:21):
Okay, So you ought to contact Matt Stanford and find
out what you can do about it, because if you
have damage and they denied it, you can get some coverage.
Speaker 15 (02:07:34):
Okay, what's his number?
Speaker 2 (02:07:35):
Third, we'll give that out here. It is actually seven
to one nine seven two six zero zero two zero. Hey,
and I wanted to bring something up.
Speaker 10 (02:07:48):
So once someone gets a denial, the denial Matt basically
says there's no storm damage. In an example like this,
I have never heard of a denial letter or a
denial saying you don't have enough damage. That's not a denial.
Speaker 2 (02:08:04):
Yeah, they're not gonna say, oh, you have a little
bit of hal but not enough.
Speaker 10 (02:08:08):
Never I've never heard of anything like that. And here's why.
Because the second they say you have storm damage, even
if it's one dollar, one dollar in your deductibles five thousand,
as soon as they acknowledge here with storm damage, you
have a claim. Now you can sit down and go
to appraisal and you bring in your people. They bring
(02:08:29):
in their people, right, and the actual damage.
Speaker 2 (02:08:32):
Sure, I think when he said there's not enough damage,
I think that was his interpretation of things. I agree
with you. I don't think the insurance company would ever
say that Paul, you have a question, Go ahead, Paul.
Speaker 15 (02:08:46):
Yeah.
Speaker 20 (02:08:46):
I saw some shrengles on the internet. I was wondering
if you guys have heard of it, and what you think.
It's called euro Shield. It's like a yeah, rubber shngle.
They make out like it's virtually proof.
Speaker 2 (02:09:01):
Well it is virtually how pro viewer shield is a
good product, Mark Schamansky, can you speak to euroshield or
things like Euroshield?
Speaker 9 (02:09:09):
Yeah, there's there's some products out there that are hailproof.
In fact, there's one made here in Colorado called seedor
so if you want to support local people, it's a
it's a plastic kind of palmer shingle. It is hailproof.
I don't and it's fireproof too. And it looks like
a shake shingle. It does not look like a regular
regular shle see on a roof, but.
Speaker 2 (02:09:29):
It's more like a And how do you spell how
do you spell seedor cedu are? And okay?
Speaker 5 (02:09:36):
And how do you like Euroshield?
Speaker 9 (02:09:38):
I mean, we have not installed Euroshold ourself, so I
cannot speak to that itself.
Speaker 2 (02:09:43):
I've seen it installed. It is unbelievable the impact it
will take and and not be even marked, not even marked.
But it's quite expensive, isn't it Mark?
Speaker 9 (02:09:55):
Yeah, I'm assuming so, I mean, I know Sudor is
the top of the market too. I mean you're looking
around twelve fourteen hundred dollars of a square, so it
is expensive.
Speaker 5 (02:10:04):
Yeah, I'm looking at seed Or online.
Speaker 2 (02:10:06):
It's a beautiful roof beautiful they are.
Speaker 5 (02:10:10):
And where is it made.
Speaker 9 (02:10:12):
It's made right on Nice seventy, right near the two
twenty five and seventy intersection. That's where their their plant is.
Speaker 2 (02:10:18):
Have you installed some Oh yeah, many times.
Speaker 9 (02:10:21):
It's a great product, you know, and so we've been
great luck with it, and it's it is very beautiful
and again, hailproof, fireproof, great product.
Speaker 5 (02:10:30):
Paul hung up.
Speaker 2 (02:10:31):
Okay, thank you Paul for calling and uh three oh
three seven to one three talk seven one three eight
two five five let me go to the text. I
got another one saying, Okay, isn't there a standard by
which they go by?
Speaker 5 (02:10:44):
So many? Could this guy is addressing not enough damage?
Speaker 2 (02:10:49):
He said, I've heard of people not having enough hail
hits per square to deem repairs necessary.
Speaker 6 (02:10:58):
So could that be what this guy is facing? Yes,
and that's it could be very well the case. But
They're never going to say that in a letter. They're
never going to say, you know, we require six or
eight hits and a ten foot by ten foot square.
They're just gonna say, we don't see storm damage present
on this roof. So when the adjuster's on the roof,
(02:11:18):
that's the moment. If you have somebody representing you, like
myself or Mark with Genesis or one of their project managers,
you really that's the moment right there. They need eight
or ten hits in that square. When they use their
chalk and they're marking it up, that's when you want.
Speaker 2 (02:11:35):
Okay, so how many hits do they want per square?
And and per square a square is one hundred square
feet right right, And.
Speaker 6 (02:11:43):
It depends on the insurance company. All State wants eight hits.
State Farm you can run with four hits.
Speaker 2 (02:11:48):
It just depends.
Speaker 9 (02:11:49):
I've seen companies there's oh six plus, you know, right,
and it's like, well, I thought you were gonna be
looking for eight, but you got to six. You put
six plus and that they were done.
Speaker 5 (02:11:56):
Just depends on the carrier. Right.
Speaker 2 (02:11:58):
Hey, by the way, Kachina, we never did get Brad
O'Brien on. It's kind of late now. But we wanted
to get that woman on.
Speaker 11 (02:12:05):
Unfortunately we had to reschedule for tomorrow because he's in
a meeting.
Speaker 2 (02:12:09):
Okay, it is important though, because I had people texting
me about this squatter issue, wanting to know how did
that turn out? This bally locked out of her home
by borders who who took some rooms and then they
filed a temporary restraining order against her to keep her
(02:12:30):
out of her house. That dropped off, but now she
can't get in because they nailed the back door shut
and they're locking her out and she can't get into
her own home and they're claiming they have rights to
be there. So we're going to revisit that. When are
we going to revisit that Kachina tomorrow? When?
Speaker 11 (02:12:49):
So I'm trying to set it up for tomorrow morning.
First thing, so I haven't heard from Brad yet, but
I already spoken. I've spoken with a net so that's
already a good thing.
Speaker 10 (02:13:03):
We got to question real quick for uh Shamanski. Do
you see a lot of hail damage on stucco?
Speaker 9 (02:13:12):
Where we see damage on stucco is typically not on
the wall itself, except for the knockouts or the kickouts
around your windows around your door openings, because that usually
has styrofoam below it as opposed to a hard coat. Now,
you can have some stucco damage on the wall of
your house if it is ephis, which is a stuckle
with a very thin layer of concrete on top. It's
(02:13:33):
not that strong and you could get some damage or
dense in that. But if it's hard to coat, no.
Speaker 5 (02:13:38):
Is it almost like a roof.
Speaker 10 (02:13:39):
If there is damage on stucco, like, you've got to
redo the whole thing, or you can patch it.
Speaker 9 (02:13:43):
You cannot patch stuck on you kit the patch, you
have to skim that whole.
Speaker 5 (02:13:46):
Wall just that one rally or would they generally cover
the whole.
Speaker 9 (02:13:50):
Thing right, So you can do a good patch and
then paint the exterior and that can hide a patch,
but typically you need to skim out the whole wall
to make it look right.
Speaker 1 (02:14:01):
Wow.
Speaker 5 (02:14:02):
Okay, and do you get insurance companies to go along
with that.
Speaker 2 (02:14:05):
Yeah?
Speaker 9 (02:14:05):
Again, normally it's just the knockouts you know, around your
windows and doors, and so that's not that expensive.
Speaker 1 (02:14:11):
Uh.
Speaker 9 (02:14:11):
Again, if it's a hard coat stuck okay, if it's
a hard coat stucko, it's not going to get damaged.
Speaker 5 (02:14:17):
All right, we got more coming right up?
Speaker 2 (02:14:21):
Go with a sure thing Denver's best roofer Excel Roofing
dot com. You don't pay a cent until you're content.
Time for an insurance checkup free, no obligation comparison call
Compass Insurance paying too much your coverage at dozens of
insurance companies find out now three oh three seven to
seven to one.
Speaker 5 (02:14:40):
Help.
Speaker 2 (02:14:41):
You'll think you're his only customer when you choose Frank
durand the real estate Man dot com to list your
home with Remax Alliance three oh three nine two zero
sixteen twenty two. Hi Tom Archino here three O three
seven to one three talk seven one three eight two
(02:15:02):
five five So a Jay, you have a question on
side and go ahead.
Speaker 1 (02:15:06):
Jay.
Speaker 17 (02:15:08):
Hey Tom, you and I'm just about to go under
uh A highway bridge, so bear with me for breaks
up a minute there, Right up, I have My first
question is if you were in a neighborhood it wasn't
stucco style anywhere, really, would you avoid it because you'd
(02:15:28):
be the only guy on the block, so to speak.
Speaker 5 (02:15:30):
I would never avoid stucco.
Speaker 2 (02:15:32):
It's a beautiful, very classy siding, and I wouldn't care
about blending once the house is built. Of course, what
I mean is you don't have to worry about overbuilding
because the house is already in the community, so it's
not like you have a choice. So I would do
everything I could to upgrade my house so long as
(02:15:53):
it was cost effective.
Speaker 17 (02:15:55):
Okay, So he's got the old masonite years and years
and years and years ago, got the insurance settlement, but
now he's going to be selling it, resiting it. And
I was telling him about James Hardy stucco and diamond coke.
Speaker 2 (02:16:11):
First of all, I don't like James Hardy like everyone likes,
unless it's installed perfectly. Mark, if you were going to
reside a house like this that had the mason I
what would you put on it? LP smart side and
tell me about LP Smart' silp is.
Speaker 9 (02:16:26):
It's a fifty year warranty. He just mentioned diamond cote.
You can have the LP sent to a factory and
they diamond coded. That's the only product they work with,
and it's a thirty year no fade guarantee on the
diamond cot coding. It's an amazing product. The siting itself
is easy to install. It's a it's a fiber.
Speaker 5 (02:16:44):
But is the is the siding called diamond.
Speaker 2 (02:16:46):
Code or is that the coding?
Speaker 9 (02:16:48):
That's the coding that that you can it?
Speaker 5 (02:16:50):
Does it with it?
Speaker 9 (02:16:51):
So you can Okay, I'm getting my sighting. I have
gotten diamond code coded, and then we buy the we
actually buy the sighting from diving diamond code in your
color that you choose.
Speaker 5 (02:16:59):
But what is the siding underneath the diamond coat?
Speaker 2 (02:17:01):
That's LP.
Speaker 9 (02:17:02):
That's LP smart Side.
Speaker 2 (02:17:04):
So is LP smart Side the only one that comes
with diamond coat.
Speaker 9 (02:17:08):
Yes, that's the one.
Speaker 5 (02:17:08):
And if you don't, if you don't get diamond coat,
what does LP?
Speaker 2 (02:17:12):
What does it come in?
Speaker 9 (02:17:13):
LP can get you can get primed or you can
get in their own colors too. LP has their own colors,
but it's only a fifteen year warranty.
Speaker 5 (02:17:19):
But your choice is LP LP.
Speaker 9 (02:17:22):
And again, if you're selling the house, I would not
spend the money on diamond coat because this is something
that you're going to live in the house. You can
enjoy it and you'll never have to paint your house again.
If you're going to sell the house, I would not
spend the money that you'll never get it back.
Speaker 5 (02:17:35):
Okay, what would you do if you were selling the house,
would you do us?
Speaker 9 (02:17:38):
I'd put it in as a prime product and then
I would paint it in the field.
Speaker 5 (02:17:42):
Okay, Jay, any other questions?
Speaker 17 (02:17:45):
Yeah, A portability? Are they all similar?
Speaker 2 (02:17:51):
No? LP.
Speaker 9 (02:17:52):
LP costs less than James Hardy, so you have a
savings there. It's less expensive install. You got sixteen footboard
suspose at twelve, so there are advantages to it. And again,
concrete eventually cracks.
Speaker 2 (02:18:05):
You know my opinion, I swear to God, I think
James Hardy is the most overrated product on the market.
Speaker 5 (02:18:13):
That's just my opinion.
Speaker 9 (02:18:15):
The advantage of that is does have a one hour
fire rate and James Hardy's does LP.
Speaker 2 (02:18:19):
Doka by the way, Genesistotalexteriors dot com or Paragonservices dot com.
I'm Tom Martino. Save all your problems for me.
The Troubleshooter News
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