The Troubleshooter 2-11-25

Episode Transcript

Speaker 1 (00:00):
Yeah, ripped up.

Speaker 2 (00:07):
News need so you don't.

Speaker 1 (00:10):
Have come a run anxious success as we can.

Speaker 2 (00:16):
Shooter's gonna help coming man, This is.

Speaker 3 (00:20):
The Troubleshooter Show. No, Tom Martinez, Hey, what's happening? We
have a lot to talk about today. Welcome to the show.
Three oh three seven one three Talk. Three oh three
seven one three eight two five five. As you know,
this is the only show that talks about what to buy,
where to buy, when to buy, why to buy, who
to avoid, who to frequent, what you should do, what

(00:41):
you shouldn't do, and what to do if you've been
ripped off? Where do you go for help? And we
got all kinds of things to talk about and people
to help, and we have with us today in the
studio as you'll see Major Mark Major of course. And
then we have Nick Gravina.

Speaker 1 (01:01):
Nick, how you doing?

Speaker 3 (01:06):
Yeah, that's your dad. Gravina's got the great windows anyway.
And then I believe that's Deputy Dollar over there, the
Deputy Dollar.

Speaker 4 (01:14):
Welcome.

Speaker 3 (01:14):
So we're here and we're here and we're helping you.
So all you have to do is call three O
three seven one three talk. And then of course here
I'm here along with Deputy d and we're here to
help you with all of your problems. So right now
we will go by the way to any problem, question

(01:38):
or complaint you call about. But right now we have Nick,
so we're gonna get right to it. Nick, what would
you say as far as windows A lot of people
believe they need. Now this this is a trick question.
I'm gonna warn you up front. A lot of people
think they need the highest let's say, efficiency window, but

(02:03):
they don't necessarily When do they not need the highest
officienty or do you.

Speaker 4 (02:08):
Think they do?

Speaker 3 (02:09):
Do you think even in an older house that leaks
like a sieve, great windows will do great things? Or
do you think it's kind of a waste or overkill.
I'm trying to get your feel on this.

Speaker 5 (02:21):
You know, I think it really kind of depends on
how the house is set up. You know, an old
nineteen hundreds bungalow that doesn't have insulation and cracks everywhere,
you can put in the highest efficient window and it'll help.
But excuse me, is it really you know, overpaying at
that point? Possibly? You know, again, you take a house
as a bunch of trees around it, you don't get
tons of sun you know, we can formulate the glass

(02:43):
packages to kind of help the actual you know, house itself,
you know, so putting in some crazy triple pain where
you know, you have some solar gain, you want to
gain mirror, yeah, all that stuff, you know. So it's
really how the house is set up, how old it is,
what the We try to ask people what they're you know,
what their hot button is like, is it too cold,

(03:04):
is it too hot, is it too noisy? And we
try to go from there and then we can kind
of formulate because I think you can overpay, but some
people want the best for the future, and that's great too,
you know. So it's just, you know, it depends on
the person.

Speaker 3 (03:18):
I think, if you're going to go with those windows,
you may as well you may as well take the
efficiency budget, so to speak, and split it. In other words,
do some of your walls insulating and other things as well,
not just the windows.

Speaker 4 (03:35):
Now windows, windows, of course, are.

Speaker 3 (03:37):
The biggest loss of energy anyway in any house, just
because they're glass. You got to see out of them. Now,
insulated glass units have come a long way over the years.
An insulated glass unit, by the way, for those listening,
is simply a unit where you have two pieces of

(03:59):
glass and in between something else or three pieces of glass,
and it's basically a really good option an insulated glass unit.
So if you had to talk about an insulated glass unit,
what is the highest efficiency you can get if you

(04:22):
wanted to go with a high Now you have both
the window frame and then you have the IGU insulated
glass unit. Now what's the hot First of all, for frames,
aren't they all about the same for heat transfer except
for straight aluminum and metal for example, wood, fiberglass, vinyl,

(04:43):
aren't they all pretty well.

Speaker 4 (04:47):
Good insulators?

Speaker 5 (04:49):
Yeah, the frames are always usually you know, very similar.
But you know the thing where some of the vinyls
and the fiberglass over wood. These days, a lot of
them are coming with foam filled frames, so that helps,
you know, it's kind of like putting the same stuff
they put in like coolers in between the frames.

Speaker 4 (05:05):
So wood is always you know.

Speaker 3 (05:07):
Solid wood.

Speaker 5 (05:08):
Where you know, you get a vinyl or five glass,
they usually have a hollow frame, and a lot of
them are starting to move to the insulated frames, so
it's definitely basically, what do you think what do you
think are the best insulating qualities when when it comes
to frames, you know, I do, I do think that
a foam filled frame definitely helps. You know, again, the
dead air space is good, but having the combination of
both is definitely you know what I think is the

(05:30):
top as far as insulating.

Speaker 3 (05:32):
And then on the glass unit doesn't matter if it's
eighth inch or quartera inch or whatever they whatever the
glass thickness has come. Does it matter how thick each
pain is as far as insulating quality.

Speaker 4 (05:44):
It does.

Speaker 5 (05:45):
You know, it's a there's a controversy out there, right.
So you know, the bigger the air gap, technically, the
more insulated it can be. So if you go to
a triple pain, you actually get smaller you know, pockets
of air. But now you have two pockets of air,
and then in some windows we can fill that with
ar gun or krypton gas. So yeah, So if you
take single strength glass on a one inch and say

(06:05):
a glass you know on both sides, you get a
bigger airspace in the middle where you might end up
being more energy efficient. But the glass is thinner. So
if you go to a double quarter inch, you're gonna
have a smaller gap in between them, even though the
glass is gonna be really stound, maybe helpless sound. You
probably won't get as efficient at that time.

Speaker 3 (06:25):
Okay, so now when we talk about fifty lines of windows,
what the hell could be different? We Okay, here are
the components that I see, the main components, the frame,
the hardware, and the glass, right, aren't they the three
main components and warranties usually Okay, obviously, but as far

(06:50):
as construction, a lot of them are very similar.

Speaker 5 (06:53):
I think a lot of them come down to, you know,
how are they constructed? You know, options, options are huge now.
Right in the in the nineties, you know, there was
white and beige vinyl windows and a lowy glass, right
that was kind of the normal back then. And now
you're talking tons of colors outside, tons of colors inside,

(07:15):
you know, tons of lowe options, you know, double coach,
triple coats inside, surfaces, sound control. You know, it's it's
a combination of all that. And some manufacturers stick just
with still the basics, you know, just one or two
colors and a couple things. Some go tons of colors,
tons of glass, double triple, you know, and then and
then glass brigage, warranties, all sorts of you know, there's

(07:37):
so many options anymore.

Speaker 3 (07:41):
Okay, By the way, if you have any questions on anything,
not just glass and the windows and stuff around the house.
But if you have a problem question, plight you give
us a call three L three seven one three top
three oh three seven one three eight two five five.
So I got some some texts here. You can always
text me at my private number here and directly to me.

Speaker 4 (08:00):
You don't have to put anything in it.

Speaker 3 (08:02):
I get it on my cell phone on my computer
twenty four to seven. Here's the number seven four seven
nine nine nine fifty two eighty seven four seven nine
nine nine fifty two eighty I have one here at GERMS.
Yesterday we talked about infections and bacteria. I think it
was yesterday the day before. Some of the dirty places

(08:22):
in your office, in your home, on planes, hotel rooms, whatever.
Someone said that they listen to what they do when
they travel. They use nicotine tablets. They say that nicotine
blocks infection and receptors and blah blah blah. Now I

(08:45):
looked it up. Now you know, obviously I don't know
what I'm talking about when it comes to nicotine. But
all I know is when I look up what I
found universally is that they're there's no clinical trials on
nicotine at all.

Speaker 4 (09:04):
You're stirring over there. Why are you stirring?

Speaker 6 (09:08):
Oh?

Speaker 7 (09:08):
I was just showing my bottle of nicotine, Lois. I'm
not a smoker, and I don't want to be a smoker.
But I've been experimenting with nicotine since the last spring.

Speaker 8 (09:19):
What and you'll be experimenting why forever? Because it's like heroin. No, no,
it is the hardest thing I ever did in my
life was give up nicotine.

Speaker 1 (09:32):
Hmmm.

Speaker 7 (09:33):
You know there is somebody of research out there that's
difficult to find, but you can still find it on
the internet about the benefits of nicotine. Now, not smoking,
I want to be really clear about that, Okay, but
nicotine itself.

Speaker 3 (09:47):
You can find the benefits of eating poopy on the internet.

Speaker 9 (09:50):
Okay, Well, you're atacious or whatever it is ditmacious, but
I can tell you that it's in my case at least,
it's been wonderful.

Speaker 3 (10:02):
Wonderful how well, So it does gives you.

Speaker 7 (10:07):
No, not that it doesn't have a stimulant effect on me,
but it helps me concentrate to the extent I.

Speaker 4 (10:13):
Wasn't able to when there is stimulating. Okay, Yeah, you're
totally right.

Speaker 10 (10:17):
Yeah.

Speaker 7 (10:18):
Uh, it's also an incredible appetite suppressor. Now, I don't
irression of appetite, but I do find that I can
easily go through a day with only one meal if
I continue to occasionally use a nicotine.

Speaker 3 (10:31):
But if you stop taking them, now, you're you're kind
of going to be addicted to me.

Speaker 7 (10:34):
No, I experiment with that.

Speaker 4 (10:36):
I mean, so, why would you be the only one?

Speaker 1 (10:39):
So? Well?

Speaker 7 (10:40):
No, there is no evidence out there to suggest that
nicotine and nonsmokable form is addictive.

Speaker 8 (10:47):
I sucked down those lozengers for how many years, Suzanne?
A good ten plus ten years. It took me to
get off what you're on right now, bro.

Speaker 7 (10:57):
Well Mark, over the past year, I've had two entire
months where I quit nicotine, loes and just cold turkey, okay,
and I never craved a single one of them.

Speaker 4 (11:08):
Well, look at it.

Speaker 7 (11:08):
I'm not okay, and I'm not saying everybody will have these.

Speaker 3 (11:12):
But do you feel nicotine helps with board off infectionist?

Speaker 7 (11:16):
I've never heard of that.

Speaker 4 (11:18):
Oh well, then why do you do it? Well, you
were never a smoker.

Speaker 7 (11:22):
He's addicted to even a smoker, but he.

Speaker 3 (11:25):
Would I know, But why did he start Mark? He
was never a smoker. We got to take a break
and we'll talk about.

Speaker 4 (11:29):
It any more.

Speaker 3 (11:30):
But but really I'd love to hear people's health hacks,
not that I can brag about it, but and then
we have Steve that wants to talk about a parking
ticket scam eleven thousand that there's got to be somewhere
on here. Ruthie wants to talk about a moving company issue.
All of this coming up on the Troubleshooter Show. Go
with a sure thing Denver's Best roofer Excel Roofing dot com.

(11:53):
You don't pay a cent until you're content, time for
a nure and check up free, no obligation. In comparison,
call Compass Insurance paying too much your coverage at dozens
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seven to one help. You'll think you're his only customer
when you choose Frank durand the real estate Man dot

(12:14):
com to list your home with Remax Alliance three oh
three nine two zero sixteen twenty two. Hey Tom Martino,
here this hour b reach you bywaterpros dot net. You're
talking about the absolute best water systems at the lowest
price is anywhere, and I put my name on that.
I've known Paul the waterman for years. I'm going to

(12:34):
tell you something. A whole house conditioning system, softener, get
rid of forever chemicals, microplastics, and drinking water at the
kitchen sink, all for thirty one ninety five. I'm telling you,
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for under fifteen grand. I'm not kidding you. Thirty one
ninety five water pros dot Nen. Okay, let's go, Steve.

(12:58):
What's going on? I'm reading this right. There's a ticket
scam going on. Yeah, what's happening?

Speaker 1 (13:05):
Man?

Speaker 6 (13:06):
Okay, tell me what's going on? Okay. I ducked into
a parking garage at one fifty eighth Steal, which is
Cherry Creek, to get out of the hailstorm. I was
down there for a few hours. I pulled out. They
took some pictures of my truck. The gate seemed like
it was broken or something up at the top. I
just went up the other side and went out. I

(13:28):
didn't think anything more of it, and that wasn't the problem.
The problem was is this letters showed up ninety four
of them over six months. I intended to pay, but
I just was a little tight last week on Monday.

Speaker 3 (13:42):
Yeah, you understand, you understand. I have to ask questions
because it does make sense. You got ninety four letters.
I need you to paint the picture. You pulled into
the parking garage. The parking garage is a normal parking
garage with an arm or a gate that goes up, right, yes, sir,
and then you take you take a ticket?

Speaker 4 (14:02):
Is that right?

Speaker 6 (14:04):
I got the ticket in the mail, and I got the.

Speaker 3 (14:07):
No no, no no no, Steve, Steve, Steve when you parked.
I really need to take this one step at a
time because I have to understand it. First, you pulled
into the parking garage. Normally in a parking garage, the
arm goes up and you pull a ticket or something,
or you pull a.

Speaker 4 (14:24):
Ticket to arm.

Speaker 3 (14:25):
Did you get a ticket for parking in that garage?

Speaker 4 (14:28):
When you went in there?

Speaker 6 (14:30):
Where was a guy up at the gate? He could
he got out of his car. He's having trouble with
the gate. And I said that for a while and
he wasn't going through. So I went up the other
side and came out.

Speaker 4 (14:43):
What's the other, Okay, came out.

Speaker 3 (14:46):
I'm talking about I'm talking about when you went in
to the garage, not when you came out. When you
went into the parking garage, how did you enter it?

Speaker 6 (14:58):
I entered in through the gate, and I didn't really
realize you will never park in these places. I didn't
see anything about a ticket. I didn't see anything about pay.

Speaker 3 (15:09):
Okay, I get it, I get it. So you went
into the garage and waited a few hours, and then
when you were trying to get out, you went out
the other way because the gate wasn't working. Yes, sir, okay,
you got some letters in the mail.

Speaker 6 (15:27):
Yes, I started getting letters in the mail every other day.
They showed up, one from Daniel B. Kelly and the
other one from Parking Revenue Recovery Services for ninety two dollars.
And there were okay last week. Last week, when I
went to call and pay the ticket on the phone,

(15:49):
the lady said, okay, I'll get your twenty percent off
on this. I said, on ninety two. Fine. She came
back and she said, that's nine thousand. I'll take it
twenty percent off and you're paying just I think it
was six dollars and I said, okay.

Speaker 4 (16:08):
Now, Steve, Steve, when you first went in there?

Speaker 3 (16:13):
What was the date?

Speaker 6 (16:16):
So that would have been right about August, about six
months ago.

Speaker 4 (16:21):
Okay, when when?

Speaker 6 (16:23):
When?

Speaker 4 (16:23):
Here's what I want to know.

Speaker 3 (16:24):
Are they I'm not asking if you agree, I'm not
asking for your opinion, but are they kind of claiming
that you were parked there continually because there was no
record of you leaving? So there was a record of
you coming in, but no record of you leaving because
you left out of the entrance. Is it possible when
they were sending you letters that they were saying that

(16:46):
your car is still parked there and they were charging
by the day.

Speaker 6 (16:50):
No, they got a picture of me coming in, and
then they got a picture of me going out, and
they got okay, okay, got it, then backed out at
four thirty.

Speaker 3 (17:03):
Then then why are they saying you owe nine? Then
when did you get your first letter?

Speaker 6 (17:10):
And I'm a first letter just shortly after that, probably
maybe like a few days or a week.

Speaker 3 (17:17):
And when you got your first letter, how much did
it say you.

Speaker 6 (17:21):
Owed ninety two dollars due on each of these from
Daniel Kelly and the parking Revenue Recovery. They both say,
ninety two dollars due, and then I received letter after
letter after three a week until it mounted up to
ninety four. And then I tried to call them up

(17:42):
on last Monday.

Speaker 3 (17:44):
But when you got your first letter, when you got
your first letter, did you let them know immediately or
pay it immediately or what did you do?

Speaker 6 (17:55):
Well? I just dragging my feet. It's been a little
tight and I just wasn't able to, you know, really
pull it up. Okay, letters were stacking up, and then
I got a little ahead here lately, and so I
wanted to pay this thing off. And when I did that, yeah,
we shot that nine thousand dollars at me twenty percent off.
Now the other thing is is since I called on Monday,

(18:16):
this sent me another fifteen tickets. Some of them have
three coffees in each letter.

Speaker 4 (18:23):
I'm sorry.

Speaker 6 (18:24):
You can go on to their website and it shows
that I have I owe ninety two dollars for every
letter and it's been over.

Speaker 4 (18:31):
It's okay, I get it.

Speaker 3 (18:33):
I get it.

Speaker 7 (18:34):
It's a technical I'm familiar with that company.

Speaker 3 (18:36):
By the way, I'm familiar with parking garages and parking lotses.
I own some and they're privately managed, meaning I hire
a company to do this. And what they do is
they they have rules and rags, but they're private collections.
They're not official, they're not municipal, they don't have any
special teeth. It's usually contract law and and and civil law.

(19:01):
So they're claiming you all of this. But I want
d what do you know about them?

Speaker 7 (19:06):
I'm familiar with a with a collection company that's the
Parking Revenue Recovering Service. Yeah, they've been trying to collect
on some bogus parking ticket from me since last summer.
And it was also ninety two dollars. But I've never
been to that garage nor the one that this caller
had just mentioned. So I called them and I recorded
the phone call and I said, hey, I have no

(19:27):
record of this ticket. I've never been to your garage
and I'm not going to pay it. And they said, okay,
thank you and have a great day. And I never
heard from them since that called. Yeah, but he was
there and they do have photos she was. However, it
sounds like there's a technical glitch. There is no logical
explanation for a nine thousand dollars parking ticket.

Speaker 3 (19:44):
Yeah, what how do they I mean, really that's true.
How do they justify that?

Speaker 7 (19:50):
Did you ask them why your bill is nine thousand dollars?

Speaker 6 (19:54):
Yes? I did, and she said what does? She seem
kind of sketchy to me, like she was new on
the job. But she said, there's ninety four letters here
and you have to pay ninety three US for every
letter that served.

Speaker 3 (20:07):
Yeah, but well, of course, how are they planning to
collect this from you?

Speaker 7 (20:15):
Well, this guy that he got a letter from, he's
a collestion's attorney. I know, did you say, Daniel Kelly?

Speaker 3 (20:20):
Yeah, how did they plan to collect this? How do
they plan to collect this?

Speaker 6 (20:26):
I talked to Mike Wing, which you recommend? And Mike
said that they would.

Speaker 3 (20:30):
I recommend Mike win for bankruptcy. By the way, just
so everyone knows, I don't recommend it for parking tickets.

Speaker 4 (20:36):
Go ahead.

Speaker 6 (20:37):
Well, he said that I would. They would have to actually,
so I thought maybe they could garnish my bank account
or something like that. He said that they would have
to have to actually sue me in court.

Speaker 8 (20:49):
Right, And he says, they're not going to die that
And there's not a world that would give a parking
ticket eleven thousand dollars.

Speaker 6 (20:57):
I wouldn't think for ninety's eleven now, because they sent
me another fifteen letters. We have three envelopes in each letter,
which is a ninety two dollars.

Speaker 3 (21:08):
Are you kidding me? This is almost this is crazy.
We should call this lawyer's office.

Speaker 7 (21:14):
I'd love to talk to this lawyer.

Speaker 3 (21:16):
Hey, I want Deputy D to call on this. Well,
let's see if we first, maybe he'll come on the air.

Speaker 7 (21:22):
Oh, even better, let's get the let's get this lawyer
on the air.

Speaker 3 (21:27):
This is great.

Speaker 4 (21:28):
You got to take a break.

Speaker 3 (21:29):
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a will, maybe a trust or an LLC that owns
stuff because LLCs can survive your death and you can
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Speaker 4 (21:48):
It's creative.

Speaker 3 (21:49):
Dan McKenzie has many creative ideas, and of course he
can keep you out of probate or if you are
facing probate. I want you to check him out. He's
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(22:12):
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to one help. You'll think you're his only customer when

(22:34):
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, I'm Tom Martino,
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Speaker 4 (22:49):
Remember Deep Clean.

Speaker 3 (22:51):
Forty five bucks eight eight eight Heating dot Com? Three
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here three O three seven seven zero two.

Speaker 4 (23:00):
Seven seven six.

Speaker 3 (23:01):
Hey, what can we say about this except that it's
not going to be collected. I doubt anyone's going to
get eleven. Grand Deputy Bow is going to work on it.

Speaker 6 (23:14):
Now.

Speaker 3 (23:14):
Ruthie, what's going on with you? Welcome to the show.
I'm Tom Martine. What's happening, Ruthie?

Speaker 6 (23:20):
Oh?

Speaker 11 (23:21):
Thanks Tom, appreciate you taking me. Yeah. Well, so kind
of a long story. Yeah, I had a dining table
that was custom made by my daughter's dad and myself,
and it's a big it's a large table, and so

(23:43):
I had a mover offer to move it or to
move it and store it for me. So he didn't
ask for any money, but I paid them one hundred bucks.

Speaker 3 (23:54):
And uh, may, I asked you, why did a mover
volunteer to move a table with some body at your house?
And they looked over and said, hey, I'll move that.
I mean, tell me that. Tell me the story, like,
were you moving anyway or you needed to get rid
of the table? Tell me that story.

Speaker 11 (24:12):
So yeah, I actually I had loaned the table or
given the table to my daughter and her family to
use because I was in an apartment and I, you know,
there was no room for it. So okay, yeah, so
she she was using it for a while and then

(24:34):
then they were moving. So I don't even know how
I found this guy, but maybe on nextdoor dot com probably,
And so he came and.

Speaker 3 (24:44):
But she no longer wanted the table, right right, Yeah, okay,
she wants me to sell.

Speaker 11 (24:51):
It, so okay, So anyway, they moved it. And this
was in Denver, mind you.

Speaker 4 (25:00):
So, and what's the name of the mover?

Speaker 11 (25:04):
So it's front you know, I've seen two names, front
range movers and front Range Moving, probably front range movers.
And I can give you the owner. The owner's name.

Speaker 4 (25:19):
Is well right now, right now, tell me the story.
And who is the owner? By the way, who's the owner?

Speaker 11 (25:24):
So the owner is Edgar and his last name is
A g U I R R.

Speaker 4 (25:34):
Okay, So what happened?

Speaker 11 (25:36):
Yeah, he seemed like a great guy, and we became
friends and they're friendly whatever, And we talked to each
other on the phone. And he had my table for
a while because I was moving a lot in that
time period.

Speaker 4 (25:56):
So where did he have the table?

Speaker 11 (25:58):
Yeah, I don't even know.

Speaker 12 (26:02):
I have a receipt.

Speaker 3 (26:03):
Why was he Well, well, hold on, what just wait, Ruthie,
None of this makes sense.

Speaker 4 (26:07):
When you hire somebody to move something, they move it
from A to B. So why didn't it go from
A to B?

Speaker 11 (26:15):
Because he moved it to his storage.

Speaker 3 (26:17):
He said he would store it on your request. Was
that part? Was that part of the contract.

Speaker 11 (26:23):
Well, we didn't have a contract, but verbally he said,
i'll move, I'll store it until you need it, and
then I will move it.

Speaker 12 (26:31):
Got it you want to I got it?

Speaker 4 (26:34):
Okay, got it and.

Speaker 11 (26:35):
Didn't ask for any money, but I gave him money anyway.
But so, and I was moving a lot and couldn't
take the table, didn't have any place for it.

Speaker 3 (26:46):
How long how long did the table sit in storage?

Speaker 11 (26:50):
Well? This was it in eighteen?

Speaker 3 (26:53):
What?

Speaker 6 (26:53):
What?

Speaker 4 (26:54):
Wait?

Speaker 3 (26:54):
Wait wait wait wait wait wait wait wait this was
in twenty eighteen. Right, yeah, okay, so in twenty eighteen
this guy moved it into storage.

Speaker 4 (27:07):
Then what So?

Speaker 11 (27:10):
Like I said, I was moving around a lot and
we were talking.

Speaker 12 (27:14):
I get it.

Speaker 11 (27:15):
Year was going on, right, and then I moved to
where I wanted it, you know, And so I started
calling him.

Speaker 3 (27:25):
And how long after did you move to where you
wanted it? Six years later? In twenty twenty four?

Speaker 11 (27:33):
No, no, no, this was I started calling him in
let's see, probably five or five years ago maybe so
it wasn't.

Speaker 3 (27:45):
Okay, hold on, this story needs to be a little
more sustake, succinct, Ruthie, hold On, in twenty eighteen, he
moved it into storage. You were moving around, you couldn't
use it. I need to know precisely when you called
him back and said I now want my table. Was
it in twenty nineteen twenty twenty? When exactly was it?

Speaker 11 (28:07):
It was probably twenty nineteen.

Speaker 4 (28:12):
Okay, Then what happened?

Speaker 11 (28:13):
I mean, I'm not okay. So, first of all, he's
real hard to get a hold of.

Speaker 3 (28:23):
I understand that. But you called him back in twenty
twenty and said I want my.

Speaker 11 (28:28):
Table, right, And I talked to somebody who said he
was his brother, although he sounded just like him, but
I don't know. But and he said, and what happened?
He said I could have it back if I paid
two I think two hours of looking for it or
something like for one hundred and eighty bucks.

Speaker 3 (28:52):
Ruthie, May I ask something? How much per day were
you paying in storage or per month?

Speaker 12 (28:57):
I wasn't.

Speaker 11 (28:58):
He never charged me.

Speaker 4 (29:01):
How do you know?

Speaker 11 (29:04):
I never got anything from him? And he never said okay?

Speaker 3 (29:07):
I mean, may I ask something in the interest of time,
hold on, Ruthie, I want you to fill into details.
But in the interest of time, I just need to
know this. And this is a yes or no. Did
you get your table back?

Speaker 11 (29:19):
No?

Speaker 3 (29:21):
Okay, hold on and we'll come right back. I'm Tom Martino.
Three oh three seven one three eight two five five.
This is going to be a doozy eight eight eight
heating dot com. Remember the best cleaning forty five bucks,
or you can get high efficiency replacements at the best prices.
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(29:43):
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dot com. You don't pay a cent until you're content.
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Speaker 4 (30:03):
Help.

Speaker 3 (30:03):
You'll think you're his only customer when you choose Frank
durand the real estate Man dot com to list your
home with Remax Alliance three all three nine two zero
sixteen twenty two. Hi Tom Martinez, your troubleshooter three oh
three seven one three talk three oh three seven one

(30:26):
three eight two five five. Welcome to the show. Hey,
I I'm talking to Ruthie. Now, Ruthie, there's just some
basic information because this is sold. So in twenty eighteen,
the table went into storage with this guy you called
him twenty twenty uh two years later and said I
want my table back. Now it's two thousand and now

(30:49):
it's twenty twenty five. So tell me kind of briefly
what happened in between. So in twenty twenty he said,
I need a few hundred bucks to go look for it.
What did you do?

Speaker 11 (30:59):
Then there ended up hanging up on me, and I
have no idea. So they have his brother hung up
on me before I could even you know, solidify whatever,
and the two addresses on the internet or bogus, so
I have no idea where they are. Somebody saw the

(31:23):
guy Edgar walking around Long Munch and I'm an eerie
so I'm not that far from him now.

Speaker 4 (31:32):
But why, here's what I think, Ruthie. Here's what I think.

Speaker 3 (31:39):
We're going to try to help you, but I'm going
to give you a bad news first, but I do
want to try to help you.

Speaker 11 (31:45):
Thank you.

Speaker 3 (31:45):
No matter what. If this contract was done in twenty eighteen,
whether you say there was a contract or not, there
was an arrangement made in twenty eighteen, it's now twenty
twenty five.

Speaker 4 (31:56):
Here's what I'm saying.

Speaker 3 (31:58):
If they sold that and say you abandon it or
don't say anything and just sold it, or if they're
dead fricking wrong and took it, you have no written agreement,
You have nothing, and the breach of contract has long expired,
so you really don't have much against them right now.

(32:19):
In my opinion, that's not a legal opinion. That's a
practical opinion based on all the consumer problems I've handled. Now,
I don't know how much this is worth. And of course,
if it's yours and it was handmade, it's going to
be priceless. But it's not priceless. Everything has a value.
It may not be worth going after. I don't know,
but I want to ask you one thing out of curiosity,

(32:40):
why did you decide to contact us like now right?

Speaker 4 (32:43):
You know? Recently? What did anything change?

Speaker 1 (32:47):
No?

Speaker 11 (32:47):
But well, the only thing that changed was I had
a friend call them and leave a message and say
that she was my attorney and they needed to call me.
So the next day, miracle of all miracles, they called
me and we had a conversation. At the same conversation,
it was somebody who works for him, and he said, okay,

(33:10):
well we'll deliver it either Thursday or Friday, and that
was the end of communication. I call them, no answer,
I texted no answer. You know, so you're kind of
like my last ditch effort because I have so much
more important things right in life.

Speaker 4 (33:31):
No, yeah, but I understand, Ruthie. What the hell?

Speaker 6 (33:36):
Oh?

Speaker 4 (33:36):
I think Mark has a plan? Mark, what do you
want to do?

Speaker 3 (33:39):
Well, let's just call the guy and say how much
are you willing to pay for them to come deliver
it to you? Where are we at here?

Speaker 11 (33:46):
You know, I've talked to other movers who say I
shouldn't have to pay a dime for what?

Speaker 8 (33:51):
Okay, then have them go grab it? I mean her.
I'm going to tell you something, Ruthie. Ruthie, I don't
believe one mover.

Speaker 3 (33:59):
That you talk to, because that that company can charge
you storage as well. So if you don't think that
they can charge you moving in storage, you're wrong. Okay,
go with a sure thing Denver's Best roofer Excel roofing
dot com. You don't pay a cent until you're content.

(34:20):
Time for an insurance check up free no obligation comparison
call Compass Insurance paying too much your coverage at dozens
of insurance companies find out now three oh three seven
seven to one help You'll think you're his only customer.
When you choose Frank durand the real estate man dot
Com to list your home with Remax Alliance three oh
three nine two zero sixteen twenty two.

Speaker 2 (34:45):
Ripped so you don't have.

Speaker 1 (34:53):
Come runs as we can.

Speaker 2 (34:56):
No Shoot's gonna help.

Speaker 13 (34:58):
Come man, This is the Troubleshooter Show. No Tom Martino, Hi.

Speaker 3 (35:06):
Tom Martino here, Welcome to the show. Three zero three
seven one three talk seven one three eight two five five.
You know, if you've ever listened to radio, you hear
all kinds of shows, but you never hear anything like
this that gets involved in your everyday life and tries
to solve your problems and answer your questions and take
your complaints. And we love doing it. Been doing it
fifty years forty five in Denver. I'm telling you, actually,

(35:29):
maybe more. I don't want to. I lose track of
time here and then these guys always joke about my age.
And I've been old as dirt and been around you
know what, I don't care. I'm proud of that. Right now,
Ruthie's wants to clarify some things about her storage problem.
I said I couldn't help her. Let me recap that
and get to Ruthie, listen, I want you to know something.

(35:51):
What I do is I grill consumers because I want
to help them. I know this sounds weird, but I
have to grill them to let them know what's coming.

Speaker 4 (36:01):
Now.

Speaker 3 (36:02):
I've been involved in about fourteen sixteen lawsuits and over
my time, mostly people assume me out of anger or
I sue them, and you know, but here's the bottom line.
What happens is that my attorney grills the hell out
of me. You see, you want people that will help you,

(36:24):
and they help you by that adversarial mock up so
you can withstand the opposition.

Speaker 4 (36:34):
And so Ruthie said, here's what she said.

Speaker 3 (36:37):
In twenty eighteen, I called a mover and I quote,
I don't even know how I found him. I didn't
have a contract, but he agreed to take the table
dining room table custom made and put it into storage.

Speaker 4 (36:53):
That's it, twenty eighteen. She says.

Speaker 3 (36:56):
At about twenty twenty, I called him and said I
want my table, and one guy that answered the phone
said it'll be a couple hundred bucks or something.

Speaker 4 (37:04):
I got to go look for it. You got to
pay for my time. She said.

Speaker 3 (37:08):
Nothing was ever said about storage or moving, and there
was no contract. That guy hung up on her, and
ever since then she's been trying to get it.

Speaker 4 (37:18):
And so I asked her.

Speaker 3 (37:20):
I said, well, we can try to get a hold
of them.

Speaker 4 (37:23):
And I said, what do you think you owe them?

Speaker 3 (37:24):
And she said nothing because she was inconvenienced and other
movers say they wouldn't charge her anything. Well, the other
movers are liars, right up, straight up, I'll tell you,
And if I get them on the phone, I'll tell
them to their face they're liars. If they picked up
something in twenty eighteen and it was two years since
they heard from the woman, and it's been this long
in storage, they would you would owe them moving it

(37:48):
into storage, moving it out of storage, and reasonable storage. Now,
if it was their fault it was in storage for
so long, if there was a problem, then you would
come to some compromise. But you will never and I
mean never get out of this case ever, not owing money.
That is my simple declaration here on this problem. Now,

(38:11):
that doesn't mean Ruthie is wrong or right, or they're
wrong to right. She can fight this out, but we're
not going to get involved. So Ruthie, you said, though
you wanted to clarify some things, so I promised, I'll
shut up, clarify things.

Speaker 4 (38:24):
Go ahead, Ruthie.

Speaker 11 (38:26):
Okay, So initially I was amenable to one hundred and eighty,
but there was no more information than he hung up.
And I can't even count how many times I left
messages for them and texted and no response. So when
my friend called saying she was my attorney, said that

(38:49):
I would pay a hundred bucks for them to deliver it,
I had that one hundred dollar bill sitting and waiting
because I actually believed they were going to come deliver it.
So I'm not saying I did not say I should
get it for free.

Speaker 4 (39:09):
Okay, Okay, hey, Ruthie.

Speaker 3 (39:12):
In today's world, one hundred dollars will move their asses
off the couch to answer the phone, but it doesn't
include the furniture. In today's moving world, one hundred dollars
to deliver an oversized custom.

Speaker 4 (39:29):
Dining room table and shares is not going to work.

Speaker 11 (39:33):
There's no chairs, so it's just the table.

Speaker 3 (39:36):
And it okay, part, it's just the table that can't part, okay.

Speaker 11 (39:40):
And they're close by, and the thing is, have you
ever gone over there in person? There's nowhere to go.
Like I said, the two But.

Speaker 3 (39:50):
Tell me, what about eighteen, nineteen, twenty twenty one, twenty two?
What about let's just say even two, three or four
years storage? What do you think that's gonna be?

Speaker 11 (40:03):
Well, but I understand what you're saying. However, I'm just asking.

Speaker 3 (40:09):
I'm not trying to fight with you. I'm not trying
to fight with you. Okay, even two years of storage
you call them in twenty eighteen or twenty twenty. Let's
just say two years of storage. What do you think
that's gonna cost?

Speaker 11 (40:23):
Well, I have no idea because they don't communicate with me.

Speaker 3 (40:27):
Okay, So do you want us to find out? Here's
what we can do. We can find out. First of all,
here's the sad news. If they don't have it, it's
going to be too complicated to fight this civilly. I mean,
you can try, and I'm not discouraging it.

Speaker 11 (40:44):
They said they's good.

Speaker 3 (40:46):
Then let's see.

Speaker 8 (40:48):
I'm sure they'll want Amitri making a call over there.
But honest to god, this is insanity. I mean, they
have had it for seven years, never charge her to
move it into storage, and haven't charged her any storage.
If you can get this same move for two hundred bucks.
You should jump on it and cook them dinner when
they bring it to you.

Speaker 4 (41:07):
Mark, I think five hundred would be a deal.

Speaker 8 (41:11):
Five hundred let's just have to meet you and the
next break and see what were you going to say?

Speaker 1 (41:16):
Bro?

Speaker 4 (41:18):
I think they're.

Speaker 3 (41:19):
Happy to call them.

Speaker 7 (41:20):
I think, I mean, I think this case is self explanatory,
which is, you know, if they still have the couch,
then then the caller will have the option it's a table.
Oh yeah, the table. Sorry, then there's no chairs, the option.

Speaker 4 (41:32):
Of no chairs and the table comes apart.

Speaker 7 (41:37):
I can't believe they still have this piece of furniture,
but I'll call and find out what's going on with it.

Speaker 3 (41:42):
I would have called it abandoned, but I agree that
if they have it, what the hell, why should they
make it difficult. Let's just try to negotiate something. I mean,
you know, if it was just sitting there. I okay, So, Ruthie.

Speaker 7 (42:00):
What's the value of this table at this point?

Speaker 11 (42:04):
Well, we paid forty five hundred and that was like
forty thirty forty years.

Speaker 8 (42:10):
Wait wait wait wait wait, I swear you said your
dad and someone made it.

Speaker 11 (42:17):
No, no, no, no, no, my daughter's dad, my ex
husband and I had it custom made and Boulder.

Speaker 6 (42:26):
Many years.

Speaker 3 (42:27):
You had it made.

Speaker 4 (42:28):
I get it.

Speaker 11 (42:29):
Right, Okay do you want.

Speaker 3 (42:36):
Well, yeah, we're off the air. Yeah, okay, so let's
do this. Can you get this information for.

Speaker 4 (42:45):
Deputy D Sure? And then? I don't know what you know.

Speaker 3 (42:51):
Furniture doesn't hold value very well except for antiques and stuff.
But a hndred On, for example, a high end table
brand new is any from five to ten grand. And
that's with uh, that's with table and shares. I don't know,

(43:13):
you know, I don't think she has a prayer here
unless they just want to be nice, okay. Three oh
three seven to one three talk three oh three seven
one three eight two five five eight eight eight. Heating
dot com the best place for high efficiency heating and
cooling equipment. And they say put them to the test.

(43:35):
You won't get it any lower anywhere. Three oh three
seven seven zero two seven seven six Go with a
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don't pay a cent until you're content. Time for an

(43:56):
insurance check up free, no obligation. In comparison, call Compass
insurance paying too much your coverage at dozens of insurance companies.
Find out now three all three seven seven to one help.
You'll think you're his only customer when you choose Frank
durand the real estate Man dot com to list your
home with Remax Alliance three all three nine two zero
sixteen twenty two. Hey Tom Martino, here your trouble shooter.

(44:25):
Three all three seven one three talk seven one three
eight two five five. You know what.

Speaker 4 (44:32):
You will love?

Speaker 3 (44:33):
Frank durand the real estate Man doing an evaluation for
your home. Frank durand the real Estateman dot com. You
want to know what it will sell for free of charge?
Three oh three nine two zero sixteen twenty two. That's right,
and it's a full detailed analysis. Who do we love
more than Frank sus Who? Anybody?

Speaker 4 (44:49):
No one?

Speaker 3 (44:51):
Frank Mimrand the Realestateman dot com. Hey, Ruthie is back
waiting for Dimitri. Dimitri's on the phone with the moving company.

Speaker 4 (44:58):
I can hear him now.

Speaker 3 (44:58):
I want to go to uh Brook at Redrox Roof
and Solar Brook. You wanted to give a shout out
what's going on?

Speaker 1 (45:04):
Ruth?

Speaker 4 (45:05):
I mean, what's going on?

Speaker 3 (45:06):
Brook?

Speaker 4 (45:07):
Sorry?

Speaker 14 (45:08):
It's okay. So my furnace totally went out last week
and we called Master Services.

Speaker 12 (45:15):
Jury was outside, yeah.

Speaker 11 (45:16):
About an hour, and he gave us a quote that
was half.

Speaker 14 (45:19):
Of what somebody else gave. Work was done, He left
us with a couple extra filters, and he did great service.
I just want to give them a great shout out
at Master Services.

Speaker 3 (45:27):
They did awesome, great And you know what, Brook, you
might want to keep it in mind maybe when you're
doing those solar systems and you need do they do
electric key pumps and stuff?

Speaker 14 (45:39):
No, I didn't ask. My husband dealt with him, but
I'm definitely going to give him a call if I
have somebody to ask for a client to see.

Speaker 3 (45:46):
Hey, thank you. And Brook's part of the referral. Listen,
she's talking about another member. I wanted to ask you something, Brook,
when it comes to solar systems, how many times do
people couple the HVAC overhaul with the solar and do
it all in one shooting match.

Speaker 14 (46:02):
Most of the folks, I say seventy percent that are
in Denver do it because they get a forty five
rebate to.

Speaker 11 (46:08):
Do that along with the other text.

Speaker 3 (46:10):
Holy crap, Wow, it's not very.

Speaker 14 (46:14):
Common unless they're doing a new build.

Speaker 3 (46:17):
Okay, okay, you know, can I ask you something else?
Do you ever put in EV chargers or people do
that with solar systems? Oh?

Speaker 11 (46:27):
Yeah, all the time.

Speaker 14 (46:28):
Usually if they want an EV charger and we're doing
a solar system, we just do it complimentary as a
customer service piece.

Speaker 3 (46:36):
WHOA Now do they get is it added in if
they buy that to the total of their whole system
for the tax credit or are there special rebase for that.

Speaker 14 (46:48):
The EV charger? It depends on which one they get,
and there's a couple of details, but they can get
a rebate and a tax credit on it.

Speaker 3 (46:56):
Thank you very much at redrockars dot com by the way,
and thanks for calling in Broke. That's Red Rocks are
you know we for a long time we've waited to
get a solar company on the you know, we've had
solar companies in the past. But these guys, these guys
got it together. Three h three seven zero four two
four four nine. Now Trevor, what's going on with you? Trevor,
Welcome to the show, Trevor.

Speaker 10 (47:18):
Hey, Yeah, what's going on?

Speaker 1 (47:19):
Tom?

Speaker 4 (47:20):
Hey, what's happening with you?

Speaker 6 (47:21):
To make this.

Speaker 10 (47:24):
A lot, so dealing with an issue right now, that's
that's gone all the way to the legal part, and
it's super frustrating. So back in April of twenty twenty four,
my wife noticed in the wall in our kitchen what
looked like signs of water damage. So she googled it,
that's what she does. Found out the thing to do

(47:45):
was to call a mitigation company to come in and
take a look at it. So she found Restoration One,
called them, they came out to the house. I filed
the claim that same day with our insurance, American National Insurance.
That kind of got the ball rolling. Restoration One told
us that they would, you know, deal with insurance to
get this whole thing figured out. Like they reassured us that,

(48:06):
you know, we're in good hands, They're gonna take care
of us. They set up these big air scrubbers and
dehumidifiers in the kitchen and also on the other side
of that wall is our bathroom, so they set them
up on both sides just to make sure that you know,
there was no If there was mold, we're gonna be
taking care of whatever. A few days went by with

(48:27):
these machines running. They kept coming by to check on them.
Apparently from our understanding, like they were negotiating with insurance
to see what the next step was. A week or
so went by, and these machines were running in our
house all day. Every day they would come out to
check the numbers on them or whatever. Cut to like

(48:50):
several weeks later, they're still running, you know, every time
they come out. My wife's asking them, like, you know, dude,
these need to be running. This scenems expensive, Like what's
going on? They're like, don't worry about it. Insurance will
take care of it. A long, long story. Insurance was
not handling it. They were not taking care of it,
so we finally got a public adjuster involved. Once the

(49:14):
public adjuster was involved, we were able to get a
few payments from insurance as well as a payment for
Restoration one from insurance.

Speaker 3 (49:24):
Why wasn't your insurance? Why did you have to call
a public adjuster? I mean that's a good move, but
why did you have to call one? Did did they
turn down the claim?

Speaker 10 (49:33):
They did not turn down the claim. They accepted it,
but they weren't making They weren't making full payments like
if they When Restoration one finally got to the demo
portion of it they had that they took out the
entire tile floor in the bathroom, drywall on that shared wall,
the vanity, the sink, the toilet, and also damage part
of the tile surround in the in the shower, and

(49:56):
then on the kitchen side they took out rye wall.

Speaker 3 (49:59):
Yeah, but you know you're not answering my question, or
you're not answering my question. Why did you call a
public adjuster.

Speaker 10 (50:06):
Because we weren't getting We've got like a four thousand
dollars check from insurance to cover the bathroom and the kitchen.
We're like, that's not enough to even cover part of
the kitchen.

Speaker 3 (50:14):
So you thought, okay, got it, I got it? And
what excuse did your homeowners insurance give for short changing you?

Speaker 10 (50:22):
Uh, there was really no no. They were saying, this
is this, this is what we had, we had, we had.
They've sent out somebody to take a look, take pictures,
see what the costs was going to be. They came
up with their estimate.

Speaker 6 (50:34):
We we went along with.

Speaker 10 (50:36):
That, assuming they knew what they were talking about. When
they came back with that super low number, we were like,
well that's not even enough to like replace the cabinets
that got taken out. Let alone.

Speaker 3 (50:44):
You know what public adjuster? Did you What public adjuster
did you call?

Speaker 10 (50:49):
We're working with Noble Public Adjusting. They worked in Denver,
but they're based in Florida.

Speaker 3 (50:56):
How'd you find them online?

Speaker 4 (51:00):
Okay?

Speaker 3 (51:01):
So here we have one by the way that she's
really good. But it's okay, so you called Noble Public Adjusting.
What I want to know is this? Where does it
stand today? There's a reason you're calling us. What's going on?

Speaker 6 (51:13):
Correct?

Speaker 10 (51:13):
Today?

Speaker 6 (51:14):
We are.

Speaker 10 (51:16):
Restoration One has brought us to court for the remaining
balance of their eighteen thousand dollars that they are charging
for the mitigation process. Our insurance has paid what they
think is the fair value on that, which is about
half of it, about eight thousand dollars nine thousand dollars.
Restoration One is coming after us for the remaining now

(51:37):
seven six hundred dollars plus legal fees because they haven't
gotten their full thing paid.

Speaker 6 (51:44):
Part of the reason.

Speaker 3 (51:45):
Okay, Now here's what he's Here's what I want to know.
Here's what I want to know. That nine thousand they're
trying to collect. I just need to know this, Trevor,
and you got to be straight with me. Okay, if
you took the total insurance proceeds every single day that
you've gotten, every dime, are you withholding any of it?

Speaker 1 (52:07):
No?

Speaker 10 (52:09):
No, we've got our payment for that. We the payment
we got because because the payments came through after we
got a hold of the Public Adjuster, they had to.

Speaker 6 (52:17):
Go through them.

Speaker 10 (52:18):
So the one, the one payment that we got for
like seven thousand, eight thousand dollars for Restoration one, we
had to pay ten percent of that to Noble Public
Adjusting because they were now in I get it, and
I get it, you had to pay for them already.

Speaker 6 (52:32):
And then uh, you know, like I said.

Speaker 3 (52:34):
Now, what was your total what was your total contract
with America which is me with Restoration one?

Speaker 4 (52:42):
Your total contract?

Speaker 3 (52:44):
I know in the beginning they leave it open for
auxiliary claims, but what was the initial contract?

Speaker 4 (52:51):
How much.

Speaker 10 (52:54):
What they claim for machines and everything like that was
like eighteen thousand in total.

Speaker 3 (52:57):
I believe they said the total job. Did that include
machines and restoration and everything? Or are you using someone
else for reconstruction.

Speaker 10 (53:08):
We haven't even got to the reconstruction point yet. This
is ten months ago and we're not even at that stage.
Yet we're still trying to figure out Trevor.

Speaker 3 (53:15):
Trevor, Trevor, are you using Is your insurance going to
help you with the rebuilding?

Speaker 10 (53:22):
Well, we're hoping so that's but we're going to go
through a contractor of our choosing. We're not using restoration.

Speaker 3 (53:29):
That's good, that, Trevor, that's really good. Now, so all
we're talking about now is the contract for for for
mitigation and for remediation. Which was a total you said
of eighteen grand that you signed in the beginning.

Speaker 4 (53:47):
Is that right?

Speaker 6 (53:48):
Sure?

Speaker 10 (53:49):
Yeah, we didn't know the number when we signed the contract.
The contract is signed like immediately when they come out
to the house saying we're going to handle this.

Speaker 3 (53:56):
What well, if there was no number on the contract,
what was on the contract?

Speaker 10 (54:02):
Tom, That's a great question. My wife was the one
that handled that part of it. I was dealing with
the insurance part.

Speaker 3 (54:07):
So because Trevor, Trevor, it's all going to come down
to the contract. Okay, Now here's how most restoration contracts read,
like it or not. And I know the story because
you tell the same exact story as everyone. Restoration companies
come in and say, don't worry homeowners usually takes care

(54:29):
of everything. We're going to set up stuff now to
mitigate damage so it doesn't get worse. You're required to
do that, which is all true. Don't worry about anything.
That's what they all say. Then you sign a contract
and the contract says that you're responsible for anything the
insurance doesn't pay. Like it or not, Trevor, go, look
that's what it says. Okay, So in reality, in reality,

(54:53):
if they did eighteen thousand dollars worth of work and
your insurance is only paying nine, then your public adjuster
has to help you get more money or you're gonna
have to pay the nine thousand most of the time,
unless unless they cheated you and lied to you. Hold on,

(55:13):
I don't even want to address that yet. Hang on,
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(55:55):
until you're content on top of it. For an insurance
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Speaker 4 (56:10):
Help.

Speaker 3 (56:10):
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 three nine two zero sixteen
twenty two. Hey I'm Tom Martino. You're troubleshooter. Okay, Now, Trevor,

(56:36):
here's the deal with restoration and insurance like this, restoration especially,
we get this all the time.

Speaker 4 (56:47):
It's it's all the time.

Speaker 3 (56:49):
We get this where people are having trouble and they
they end up.

Speaker 4 (56:54):
Being taken a court.

Speaker 3 (56:55):
We had this one other time, and they the consumers
usually lose, unless Trevor, there's true, compelling evidence that there
was some kind of fraud perpetrated or breach of contract.
So let's just go right there. Was there anything that
you and I don't just mean your feeling or what

(57:16):
he said she said, they said, we said, I'm talking
about stuff that you can really put your finger on.

Speaker 10 (57:24):
I mean, I don't think there's anything from a contractual
standpoint that was that was done wrong. It's just, you know,
I don't know how we how we would even go
about proving that they're overcharging, you know, like insurance insurance responded,
you know, saying this is what we accept this is
what we're not accepting, and this is.

Speaker 3 (57:41):
Why Trevor and insurance insurance is the worst. Insurance is
the worst barometer you can use for what's appropriate to pay.

Speaker 8 (57:53):
Okay, that public adjuster, Yeah, let me ask you something, man,
that public adjuster is he mentioned to go to the
next step where they get a referee involved.

Speaker 3 (58:02):
I mean, this is your insurance company.

Speaker 8 (58:05):
There's two more steps that this public adjuster should be
helping you take.

Speaker 3 (58:09):
And if they're not, I mean, you hired someone that
sucks well and that's yeah, how did they how did
they come up with nine grand? I mean, what is
your public that's good?

Speaker 4 (58:19):
Mark? Thank you?

Speaker 3 (58:20):
What is your public adjuster doing.

Speaker 10 (58:24):
Not a lot, honestly, and that's part of our frustration,
you know. Like I said, they're based in Florida. When
the hurricane happened, we lost contact with our claims adjuster
for a long time. Around the holidays, we tried to
read well, Trevor.

Speaker 3 (58:36):
Can I ask you why? May I ask you why
you went all the way to Florida to find a
public adjuster?

Speaker 10 (58:42):
Like I said, it popped up as Denver. They're just
based in Florida, and that was the first one that
popped up that had good reviews, and so we went
with it.

Speaker 6 (58:48):
You know, we're kind of in a bind.

Speaker 10 (58:50):
We're we're frustrated and struggling with insurance, and that's that's
where we you know, to go.

Speaker 3 (58:55):
Okay, Okay, I get it, you know what, man, let
me hold on. I'm just I'm doing this. I'm doing
I'm doing public adjuster Denver, just to see what comes up.
You know, I would hope our referral list we usually
get really good.

Speaker 4 (59:08):
SEO. Here, let me see what we got here.

Speaker 3 (59:11):
Yeah, he gets all these sponsored ones of course because
they pay out the no's. But then you get a
lot of them from Colorado. I mean, okay, hey, Mark,
we're on the front page. We're on the first page,
the first page referral list dot com Paragon, first page.
In fact, we're the first listing under the sponsors.

Speaker 4 (59:33):
We're the first listing that comes up.

Speaker 8 (59:35):
See, he's got to go to the appeals process. It's
dirt cheap. It might be three four hundred bucks man.
And then if you still don't like the amount, if
you still don't like it, you can go to the referee.
So but the first part you got to do, see appeals.
You go to the insurance company and say, hey, well, what.

Speaker 3 (59:51):
Pisses me off is this, if he goes to the
appeals process and gets more money, that public adjusting company
shouldn't take a dime. Well, they will. He signed to
kay with them.

Speaker 10 (01:00:01):
How do we end that that relationship with them?

Speaker 3 (01:00:04):
If we look at their contract?

Speaker 8 (01:00:06):
You run around signing contracts like there, I know.

Speaker 3 (01:00:10):
Trevor, he makes a good point. You run around signing contracts.
What does their contracts say.

Speaker 4 (01:00:18):
If I renew, Here's what I would do.

Speaker 8 (01:00:19):
I would assume they're going to get ten percent of
anything that's got to do with that claim number.

Speaker 3 (01:00:23):
Period. Yep, we listen, this is and you know what
where Matt Paragon. If you went with our guy Matt
at Parragon Services, Matt Stanford, he would have he would
only take a certain percentage of what he got.

Speaker 8 (01:00:35):
For regardless of none of this. I go back to
this big deal. If they get ten percent, you have
to go through the appeals. What happens is the insurance
company is going to send somebody out.

Speaker 3 (01:00:44):
They have to, they have no choice.

Speaker 8 (01:00:47):
They'll send somebody out, then somebody else, generally your public
adjuster picks a guy for you.

Speaker 3 (01:00:52):
But you're gonna have to do that yourself.

Speaker 4 (01:00:55):
We mark this is.

Speaker 10 (01:00:57):
We've already done that once.

Speaker 3 (01:00:59):
Well, then you have to go through Trevor. Was it
called the appraisal process? Yes, and you hired an.

Speaker 4 (01:01:13):
Go ahead, I.

Speaker 10 (01:01:15):
Would they Noble sent two adjusters out to meet with
the insurance adjuster. Both met at the house at the
same time, went over everything together, took pictures. Everything sounded
great from Noble standpoint, But then when it came back,
a bunch of stuff had been deleted and taken out, and.

Speaker 8 (01:01:32):
Then you've got to go to the go the very
next process, the appraisal process.

Speaker 3 (01:01:37):
You didn't go through the second part of the appraisal process,
after your experts meet with their experts. The second part
is if they don't come to an agreement, then there's
an arbitrator that steps in. Okay, you know NOBL is
not doing you justice. I would call Noble right now
and listen, I'm telling you. I would say to them,

(01:02:00):
under no uncertain terms, you are not doing your job.
You did not complete the appraisal process, and you should
be fighting for me.

Speaker 8 (01:02:07):
And tell them you want to referee involved in it.
If you've already gone through the appraisal and they did
not agree. In other words, your guys said eighteen thousand,
the other said nine thousand. That means they didn't agree.
That's where you get a referee that it doesn't work.

Speaker 3 (01:02:24):
From there, you're just screwed. And I don't know if
they call it a ref or I don't know if
they call it. Whatever they call it, it's the second
part of the appraisal process. Please call us back and
let us know what they say about going.

Speaker 4 (01:02:39):
Into the second part.

Speaker 8 (01:02:42):
If you got to go through that part of it
with an umpire or referee in that, that is really
interchangeable for real, Tom. You can use either of them.
But if you've got to go through that part, that
is binding.

Speaker 3 (01:02:55):
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(01:03:44):
durand the real estate Man dot com to list your
home with Remax Alliance three oh three nine two zero
sixteen twenty two oh three seven one three talk seven
one three eight two five five. All right, peeps, let's

(01:04:06):
go to Alan Alan. What's going on with you?

Speaker 6 (01:04:09):
Alan?

Speaker 4 (01:04:09):
Welcome, What's happening.

Speaker 15 (01:04:12):
Yeah, So to make it quick. Last year, I submitted
my taxes and I think it was early April for
twenty twenty three, and then I didn't get any I
was supposed to get a refund, but I didn't get
any notice until August. And in August I got a

(01:04:33):
paper a request for signature missing information, and they wanted
just my signature, which I provided them. I thought that
it was already on the original but I sent that
back with the signature, and just back in November they
sent me another request saying they don't have a valid

(01:04:56):
signature and item six, which is the.

Speaker 3 (01:05:00):
Same exact they wait, the same exact request.

Speaker 15 (01:05:06):
The same request, except for this time they added in
at attacked supporting documents for your entry at fourteenth of
whatever for Federal income.

Speaker 6 (01:05:16):
Tax with HELM.

Speaker 15 (01:05:18):
This could be a Form W two in ninety nine
w GG. And I tried telling them, I wait a minute,
I said.

Speaker 16 (01:05:26):
I don't.

Speaker 3 (01:05:27):
In August they said they did. They needed In August
they said they need your signature. In November they said
they need your signature or they need your W two.

Speaker 15 (01:05:38):
They need both now. Even though I sent that back
in August, they sent them back the letter with the signature.

Speaker 4 (01:05:47):
Got it?

Speaker 3 (01:05:49):
So what did you do?

Speaker 15 (01:05:52):
Well, I'm I haven't sent this one back yet because
when I called my employer, they said, we can't really well,
I don't know if that's true. Said, there's no, you're
not working for us anymore.

Speaker 6 (01:06:02):
We don't.

Speaker 4 (01:06:02):
We can't give you a W two.

Speaker 3 (01:06:05):
So well, they can give you your old W two.
You can get your old Don't you have a copy
of the W two you submitted originally?

Speaker 15 (01:06:18):
Yeah, I've been looking for that and I can't find it.
So I'm gonna have to call them, I guess again.

Speaker 3 (01:06:23):
Hey, Alan, Alan, this was in November, you got that notice,
and now it's February. So you waited, right, So you've
never you never sent in that latest request?

Speaker 15 (01:06:33):
Right, No, because I don't know. Yeah, I tried calling
my employer to.

Speaker 4 (01:06:38):
Get okay, got it? Yeah, got it?

Speaker 16 (01:06:41):
All right, I've got it.

Speaker 3 (01:06:42):
This doesn't sound like a big deal. Doesn't sound like
a big deal. You're W two. You don't have a
copy of your return at all, the one you submitted,
Yeah I do, and that has your W two on it.

Speaker 6 (01:07:03):
Yeah, it's good.

Speaker 15 (01:07:07):
Have Let's see, I've got the full print out here.

Speaker 4 (01:07:10):
Let me look, Alan that W two.

Speaker 3 (01:07:15):
Is it a PDF or is it a print out?
If you have a PDF, you can just take that
one page the W two and re send it to them.
You know, it's not unusual for them to make a
request more than once about things.

Speaker 4 (01:07:28):
I don't know why. They just seem to be screwed
up right.

Speaker 15 (01:07:35):
Yeah, I know I've got it here somewhere.

Speaker 3 (01:07:43):
Well, then here's what I would do. I would just
resubmit it. I don't know what the big deal is.
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(01:08:03):
dozens of insurance companies find out now three all three
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customer when you choose Frank durand the real estate Man
dot com to list your home with Remax Alliance three
all three nine two zero sixteen twenty two.

Speaker 2 (01:08:18):
Yeah, Rita, you need advice? Who you don't have?

Speaker 1 (01:08:30):
Come runxious ass as you can show.

Speaker 2 (01:08:34):
Shooter's gonna help.

Speaker 13 (01:08:35):
Come man six is the Troubleshooter Show.

Speaker 3 (01:08:40):
Now, Tom Martinez, Welcome to the show. I'm here to
help you, and you know what, that's a good thing because.

Speaker 4 (01:08:50):
We do love helping people.

Speaker 3 (01:08:52):
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Speaker 4 (01:09:31):
Welcome.

Speaker 3 (01:09:32):
Let's you see, this show is all about picking the
right stuff, doing the right stuff, having the right information
when you buy, when you sell, when you have a dispute, whatever.
The show is about solving problems. That's what we do. Brian,
for example, wants to talk about an HOA problem, an issue.

(01:09:53):
I think it's a vole. Are we talking about environment here?
What's going on?

Speaker 4 (01:09:58):
Brian?

Speaker 17 (01:10:00):
Yeah, Well, for the past three years or so, I've
been dealing with this issue where the homeowners Association PET
planted some ground cover adjacent to my property. And this
groundcover actually provides a haven for boles, either a small
and almost mouse like and when it snows, they burrow
in under the snow get into my backyard because they're

(01:10:23):
attracted to green grass, and they virtually have destroyed about
a half to two thirds of my backyard.

Speaker 3 (01:10:32):
What was there before the HOA did the groundcover?

Speaker 17 (01:10:38):
Well, I moved here about fourteen years ago and it
was just plaining grass and after a couple of years,
the homeowner Association at the time put in this ground cover.
It's like a juniper and it provides.

Speaker 3 (01:10:50):
What Okay, so it's a lot different in US, and
it specifically attracts.

Speaker 17 (01:10:55):
Boles, yes, because it provides them cover or hawks and
other burdens.

Speaker 3 (01:11:04):
I get it.

Speaker 6 (01:11:05):
I get it, yeah, And then what they.

Speaker 17 (01:11:09):
Do is is that they come out and I find
it happening more after a snow we get a snow.
I've actually looked out my window. I've seen these little
critters come from underneath this groundcover that's adjacent to my
property and go into my lawn. And then when the
snow melts, my lawn is torn up just horribly. And

(01:11:34):
I even had exterminators a couple of years ago.

Speaker 3 (01:11:36):
And they say, yeah, And then did you say they're
actually getting in they're actually getting into your home.

Speaker 17 (01:11:41):
No, they're not getting into the home. It's only damaged
to the backyard.

Speaker 3 (01:11:46):
Okay, And so what does the does the HOA take
any kind of responsibility or say they will help you
in any way.

Speaker 18 (01:11:54):
No.

Speaker 17 (01:11:55):
Basically the comment that I got back from the HOA,
and I'll can I read it. It says we see
this complaint fairly often in the communities that that have
open space. However, Uh, those are as much part of
the ecosystem as hawks and birds and so forth. They're
more concerned about keeping or managing the ecosystem or the

(01:12:21):
balance of nature and uh and and and the the
end result is sorry, I think you have to live
with it.

Speaker 3 (01:12:31):
And the prok listen, you know that's not by the way,
they're not totally And I hope you take this wrong.

Speaker 4 (01:12:38):
I mean, you don't take this wrong.

Speaker 3 (01:12:40):
They're kind of right. What what what I mean is
this they're saying, look everything, you know, when you're when
you're in an open space or next to an open
space or whatever, you're gonna have problems and it's nothing
they can do about it. Are you suggesting that they
pull out the juniper or whatever they put in there

(01:13:02):
and they put in grass again.

Speaker 17 (01:13:07):
Well, actually it's against their own recommendations because the HOA,
the district manager. The district manager last year said their
recommendation is to have what they call a beauty band
between the open space and homeowner's property to alleviate that problem.

Speaker 3 (01:13:30):
But I don't have a they have what kind of
what kind of a what did you call it? A?

Speaker 17 (01:13:34):
What it's called a beauty band, and it's basically empty
space between homeowner's property and the open space where there
wouldn't be any planting. What actually makes it even more
interesting is that in this development we've got native grass.

(01:13:54):
Last year, many of the homeowners were concerned that this
native grass grows the three or four.

Speaker 6 (01:14:00):
Foot high and many of the.

Speaker 17 (01:14:03):
Homeowners were expressing fear that it provides a fire risk
and so in response to that, the HOA reached out
to the local fire department, and even the fire department
recommends a fifteen foot fire break between homeowner's property and

(01:14:24):
the plantings in the open space.

Speaker 6 (01:14:28):
And what's interesting, let me ask you this.

Speaker 3 (01:14:30):
Hold on, hold on, don't keep going. I got to
ask a few questions. So you have your home. You
have your home, then you have juniper and then open space.
What do you have a yard?

Speaker 1 (01:14:44):
Yes?

Speaker 3 (01:14:47):
So does the yard The yard butts up to your
house except for maybe the woodschips or whatever around your house. Right, yeah,
and then the yard goes up against the juniper.

Speaker 17 (01:14:59):
Right, the yard goes up to about a foot away
from the junipers. And then I have a fence between
my property and the open space. And right on the
other side of the fence is this groundcover where these
foles live?

Speaker 3 (01:15:16):
Look, look at the email. Okay, so the voles. The
voles are living on the other side of the fence.
They're not even on your property. No, but I want
to get Brian on they get hungry.

Speaker 4 (01:15:27):
I was going to ask for Brian.

Speaker 3 (01:15:29):
Is this Brian the mouse guy and the army. Yeah,
it it's your buddy. He's the everything guy. Except for
domestic rats. That's the only thing where he loses credibility
with me because he promised me that my stepson's rats
would be dead by now, and they're not even close.
I think I think they they're going. I don't know anyway.

Speaker 4 (01:15:50):
So anyway, Brian, what do you do about voles? Okay?

Speaker 12 (01:15:54):
I deal with them all the time. In fact, I've
got jobs going on today as we speak. Two things.
The vols are definitely subterraneans. They're going to stay underground
when it's hot out.

Speaker 10 (01:16:04):
They don't.

Speaker 12 (01:16:05):
They do not like bright sunlight or hot day. They
stayed below in order. There's two different methods that we
use to get rid of them.

Speaker 3 (01:16:14):
I treat you Wait a minute, he says. He said
they hide under the groundcover, and that's why he's having problems.

Speaker 17 (01:16:22):
Right, But the ground the groundcover is in the open space,
which uh exterminators are not allowed to touch.

Speaker 12 (01:16:30):
Well, they don't know what they're doing, because I treat
those kind of burrows all the time. I have a
seed by.

Speaker 3 (01:16:36):
Well, how do you okay, how would you treat the
How would you do this situation to keep the voles
from destroying his yard?

Speaker 12 (01:16:44):
Two things I would One treat the burrows what I
can find inside the evergreens, if they're on his property,
If they are not on his property and they're coming
from an adjacent property, I would then I would actually
suggest to apply a barrier around his property line of
pea gravel, small tiny pebbles about fourteen to sixteen inches wide.

(01:17:09):
What happens is when they vold rise up above the ground,
it's difficult for them to traverse across those tiny little pebbles,
and so they just won't go across it.

Speaker 4 (01:17:20):
And the only Brian Brian.

Speaker 3 (01:17:22):
Yet, Okay, so he would then if you picture his
yard and a fence, you would put a little border
on the inside of his fence, correct.

Speaker 12 (01:17:34):
About fourteen to sixteen inches of this small py gravel.

Speaker 6 (01:17:39):
Yeah, I already, Brian.

Speaker 3 (01:17:40):
What do you think, Brian? Now I got to Brian's.
I got Brian the expert to mouse guy and Brian
the caller. Brian the caller, what do you think about
that border?

Speaker 17 (01:17:48):
Yeah? I think it's good. I already have some stone
already down there for about the distance that he just mentioned.

Speaker 6 (01:17:54):
But I could look out my but.

Speaker 4 (01:17:55):
He didn't say stone.

Speaker 3 (01:17:56):
He said he didn't he he did not say stone.

Speaker 18 (01:18:00):
I hear that.

Speaker 17 (01:18:02):
I hear that ear gravel okay, pea gravel okay, But
I think there's another and that doesn't.

Speaker 3 (01:18:08):
Mean pea gravel in between stone. It means pea gravel
alone to make it a little obstacle course for the voles.

Speaker 6 (01:18:17):
Correct, right right?

Speaker 17 (01:18:19):
I think the thing that with the homeowners is that
because they planted it, they're against their own recommendation and.

Speaker 3 (01:18:25):
They didn't leave these But see, Brian, we're not You're
not gonna get see this. This happens all the time,
and I call it jousting with windmills. You're you can
find the HOA in violation, you can, Okay, it doesn't
matter because if the board and the people on the
HUA are good with it, you trying to change it,

(01:18:51):
it's going to be easier to put up the pea gravel.
It's what I'm getting at is you may be technically correct,
but you're going to spend thousands of dollars fighting it.

Speaker 17 (01:19:05):
Well, well, let me finish something here. It is their
own recommendation that the plants not the oh my god,
home on this property.

Speaker 3 (01:19:13):
I know that there's therefore what okay, hold on I oweys.

Speaker 4 (01:19:18):
Brian finish this sentence.

Speaker 3 (01:19:20):
It's the ah joy's own recommendation that they do not
have plants adjacent blah blah blah without some kind of
a beauty break. Therefore, finish the sentence. Therefore, finish the sentence.

Speaker 17 (01:19:34):
Therefore, I want to get a financial a compensation for
the seven seven thousand dollars that they're planting against their
own recommendation that creates that that haven for the voles
that destroyed my backyard, and they're saying that.

Speaker 6 (01:19:53):
They are right.

Speaker 3 (01:19:53):
Now, Brian, you're a sensible man. So I'm gonna ask
some questions. Number one, do you think they will voluntarily
pay that?

Speaker 1 (01:20:03):
No?

Speaker 4 (01:20:05):
Number okay? Number two?

Speaker 3 (01:20:06):
Okay, what when you have no, I'm asking number two.
Number two, they won't voluntarily pay it. So number two,
when you have evidence that you feel shows they have
and you've said this a million times, that they are
violating their own policy, then you have what you are
calling negligence per se, meaning that they rules and they're

(01:20:30):
going against the rules, and that's all you have to show.
So having this evidence, now this is question number two.
If you present them with this evidence, will they voluntarily pay?

Speaker 6 (01:20:45):
No?

Speaker 4 (01:20:47):
Okay?

Speaker 3 (01:20:48):
Now, Number three, what is your third option? What is
your third option? When people will not comply to a
contract or contract? In fact, a third it's not a contract,
but it kind of is, because they have recommendations that
you say, you're going to say you depended on, which,
by the way, you're gonna notice because I've developed fourteen

(01:21:11):
subdivisions in the bylaws, it says that if they have recommendations,
they're allowed to break their own recommendations.

Speaker 4 (01:21:17):
But I don't want to go there because you're not
going to believe it.

Speaker 3 (01:21:20):
But I will tell you, unless it's written into the bylaws,
not as a recommendation, but as a bylaw, then they
can go against their own recommendations for anything there, anything,
anything at all, if it's a recommendation, not if it's
a by law. But let's just say, no matter what,
you're not going to believe it. What is your third option?

Speaker 17 (01:21:43):
My third option is to get to find some attorneys
which have already reached out that.

Speaker 3 (01:21:49):
That's right, that's right, and I can find you an attorney. Now,
let me ask you this, when you hire an attorney,
how much did you say your damages were?

Speaker 17 (01:22:00):
Thousand dollars?

Speaker 6 (01:22:01):
And I'm going to have to do it Okay.

Speaker 3 (01:22:03):
Now, do you believe that you are going to win
this case for less than seven thousand dollars.

Speaker 17 (01:22:11):
I'm going to have to spend seven thousand dollars every year. Okay,
it's not a one time deal. Every year because if
they don't eliminate those goals.

Speaker 3 (01:22:20):
I'm going to tell you because the HOA, because the
HOA is not fighting with their own money, I am
going to tell you how much it will cost you
to fight them, a minimum of fifty thousand dollars a minimum.
If you win, you spend fifty thousand and you won.

(01:22:42):
If you lose, you spend fifty thousand and you lost.
You will spend and I absolutely guarantee it, absolutely positively,
it will cost you fifty grand. Now you're claiming you're
going to spend seven thousand dollars a year in damages.
Now Brian is on the phone, as on the line saying,

(01:23:04):
you can do a once and for all fix, but
you won't do it. You would rather spend fifty grand
to fight them, or you believe seven thousand a year
will be your punishment. Yet Brian says, you do this
border and it's not going to be seven thousand a year.
We got more coming up. Go with a sure thing

(01:23:28):
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a cent until you're content. Time for an insurance checkup free,
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(01:23:51):
real estate Man dot com to list your home with
Remax Alliance three oh three nine two zero sixteen twenty two.

Speaker 4 (01:23:59):
Like a little platypus.

Speaker 3 (01:24:00):
Almost Hey, Tom Martinez, you're a troubleshooter three oh three
seven one three talk three oh three seven one three
A two five five.

Speaker 4 (01:24:10):
Anyway, Brian? That Brian? Oh did my expert hang up?

Speaker 12 (01:24:13):
He sure?

Speaker 6 (01:24:14):
Do?

Speaker 4 (01:24:14):
Is okay?

Speaker 3 (01:24:15):
Brian? Brian?

Speaker 4 (01:24:16):
I want to ask you something again.

Speaker 3 (01:24:18):
I'm not at odds with you, Bro, I'm just why
wouldn't you spend the money to just put in your border?
Why would you try this long arduous fight with the hoa.

Speaker 17 (01:24:32):
Because there is a more serious problem here because of
the open space and the native grass that they let
grow to be three or four feet high. Many homeowners
are concerned about fires, given the Marshall fire two years ago,
and of course the recent fire out in California, and
the Homeowners' association refuses to cut the grass down. So

(01:24:55):
they did go back there.

Speaker 3 (01:24:56):
Okay, that's a whole separate issue, though, man, No, no, no, no,
that's a whole separate issue.

Speaker 17 (01:25:00):
It's absolutely related to this time. Let me tell you
why they went back. And they went to the local
fire department and they said that they homeowners need to
have a fifteen foot fire break between the house and
the native grant and this this groundcover.

Speaker 6 (01:25:18):
Is not giving.

Speaker 3 (01:25:19):
Then I have a solution, Brian. Brian, you don't have
to convince me. I agree, you don't have to convince me.
I want to say. Let's just say the HOA is
one negligent or derelict in their duties and they need
to not only cut back the vegetation, but they have
to keep the grass trimmed. Is by the way, is
that open space part of the HA park property?

Speaker 4 (01:25:42):
It's not public land right, yes?

Speaker 17 (01:25:44):
And it was on fire last Saturday.

Speaker 3 (01:25:47):
I'm asking you is it part of the HOA property
or is it public? And you said, yes, which one
is it?

Speaker 17 (01:25:54):
It's part of the HOA and the old reason I'm concerned.
I'm okay, I'm getting a little anxious here is because is.

Speaker 4 (01:26:00):
That June it was on fire.

Speaker 17 (01:26:03):
It's a fire hazard. I looked out my window Saturday
and Brian the open space.

Speaker 3 (01:26:08):
Brian, Brian, you don't understand something. You think repetition is
going to make it more.

Speaker 4 (01:26:15):
Emphasize with me.

Speaker 3 (01:26:17):
What you don't understand is I hear you. You're saying now,
in addition to varmints hiding under it, you have a problem,
and so do other homeowners with a fire break. I
get you. You don't have to say it again. I
agree with you. They should have a fire break. Now

(01:26:37):
here's what I was going to say. If the HOA
is one derelict in not providing the proper break and
not going by their own recommendations or by the recommendations
of the fire department for a fire break, then homeowners
who are concerned need to ouse the HOA. And I

(01:26:58):
don't even know if it's the h way you're fighting
or the management company, but you are an owner. So
if you get enough owners to agree with you, then
you can probably make an impact. Because the HOA. Here's
what's crazy. The HOA is not separate and apart from
you and your neighbors. You are the HOA. But is

(01:27:20):
it the HOA the actual president and vice president and
secretary treasurer, the ones that are being idiots? Or is
it the management company they.

Speaker 17 (01:27:29):
Hired the management company.

Speaker 3 (01:27:34):
Why doesn't the HOA order they're the the HOA is
the boss, not the management company. Why doesn't the HOA
president have a meeting? And you guys decide that you
tell the HOA management company that you want a firebreak?

(01:27:55):
Why not.

Speaker 17 (01:27:58):
I'm going to be doing that to see even because
they do have an HOA meeting this afternoon. Or I'm
going to bring good and of.

Speaker 6 (01:28:05):
Course good that we just had is going to make
is going to really a cree.

Speaker 3 (01:28:10):
Now now, Brian, I don't want you to get lost
in translation. Seriously, so listen carefully. Your battle is not
with the HOA. Your battle you are simply saying to
the h we not you. We have to have a
fire break. I talk to the fire department, and the

(01:28:34):
fire break is not just for fires. But there's also
another issue, and that is our own policies should not
have plantings up against property lines. So I appeal to
you on the ha to help us pressure the management

(01:28:56):
company into hiring the proper people to get this done. Now,
by the way, there may not be enough funds in
the HOA. They may have to do a special assessment.
I don't know.

Speaker 4 (01:29:06):
But here's the bottom line.

Speaker 3 (01:29:08):
It is you are part of the HOA and you're
asking the management company to do what the HOA instructs.
The management company does not get to set the requirements
or they don't get to set the process, and they
don't get to set what they do and what they
don't do. They are simply an arm of the HOA.

(01:29:30):
So what you need is to get the HOA behind
you and other homeowners to force the management company or
kick their asses off the job. Management companies are not
the boss. The problem is over the years, management companies
have become the bosses because of inept hoas.

Speaker 4 (01:29:55):
Now, does all this make sense to you?

Speaker 18 (01:29:59):
Perfectly good?

Speaker 3 (01:30:02):
I want you to do it and call us back
and let us know. You let us know because you
can tell the HOA by the way in your meeting.
By the way, HOA, we knowing that there is a problem,
and we've already had a brush fire. Knowing this puts
us at risk for liability and negligence should something happen

(01:30:28):
and some of these homes be burnt down. Because the
insurance companies that ensure these homes will come after us.
You better tell them that, because this is no laughing matter.
Three oh three seven to one three talks seven one
three eight two five five. Go with a sure thing

(01:30:51):
Denver's best roofer Excel Roofing dot com. You don't pay
a cent until you're content.

Speaker 1 (01:30:59):
Top of it.

Speaker 3 (01:31:00):
For an insurance check up free, no obligation. In comparison,
call Compass Insurance pain too much your coverage at dozens
of insurance companies find out now three oh three seven
seven to one.

Speaker 4 (01:31:10):
Help.

Speaker 3 (01:31:10):
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. You're troubleshooter. By the way,
Genesis Totally series. You know what they do, mold detection
and remediation, and they're good people. Mark and his wife

(01:31:32):
so this, and they also do painting. Great painters. Jennis
is totally serious dot com. Okay, now, let's talk about
a reverse loan with Philip. He wants to talk about that.
Keep your calls coming. Three O three seven one three
talks seven one three, eight two five five. And then
we promised you and we will get you the Gravinas
dot com. Gravina siding and windows or Gravina windows insiding,

(01:31:56):
however way you put it is Gravina. We're gonna get
that home show special. But Philip first, go ahead, Philip,
what's going on?

Speaker 4 (01:32:02):
All right? Philip hung up right? No, No, he's there.

Speaker 3 (01:32:07):
Oh hi Philip.

Speaker 19 (01:32:09):
Yeah. I've been told by several attenders that if I
buy a house using a reverse in the long run,
I can come out with a profit through the line
of credit over the property taxes and the initial large fee.
What are the pluses and minuses of buying a house

(01:32:31):
using that kind of Martine?

Speaker 3 (01:32:34):
Okay, now technically it's not a profit, but I see
why they're calling it that.

Speaker 4 (01:32:41):
Let me explain this to you.

Speaker 3 (01:32:43):
To buy a house with a reverse loan, you need
to have, obviously the equity to put down. So what
you do is depending on your age.

Speaker 4 (01:32:55):
How old are you? Philip seventy four? Okay, So let's.

Speaker 3 (01:33:01):
Just say, and I'm not sure at seventy four, it
might be something around I think seventy five to eighty
percent loan to value.

Speaker 4 (01:33:14):
So how much is the home you're looking at?

Speaker 19 (01:33:17):
Well, I don't have a home yet to give a
price on, but in the range of say one fifty
to one seventy, you're not going to.

Speaker 4 (01:33:27):
Find a house for one fifty to one seventy Where
are you looking?

Speaker 19 (01:33:31):
Oh, I've found plenty of houses in that range in
Tennessee and Florida.

Speaker 3 (01:33:37):
I'm sorry, I'm sorry, You're right. I thought you were
talking about Colorado Denver area.

Speaker 4 (01:33:44):
I'm sorry. So let's just go one seventy five. Okay.

Speaker 3 (01:33:49):
So, if you found a house for one hundred and
seventy five thousand you wanted to purchase with a line
of credit, you would probably have I'm just guessing maybe
you can probably get at your age seventy five percent
loan to value.

Speaker 4 (01:34:04):
Okay.

Speaker 3 (01:34:05):
So that would mean that you would have to come
up with the balance. So let's just use easy numbers.
Let's see thirty, So you would have to probably, say
one hundred and thirty out of one seventy five. So
so you know, just do the math. So take one
seventy five I'm trying to do this live on the
and then subtract about one thirty in the loan you

(01:34:27):
can get in a reverse loan, and you would get
about so you you have to put down about forty
five okay.

Speaker 19 (01:34:36):
Forty five K, got it?

Speaker 4 (01:34:38):
Forty five k?

Speaker 3 (01:34:39):
Right, So now the rest of the loan, let's shore.

Speaker 4 (01:34:45):
This is just really rough numbers.

Speaker 3 (01:34:47):
So now you would theoretically, oh, absolutely absolutely, how much
do you want to put down?

Speaker 19 (01:34:56):
Well, I have to sell my house here first to
know for sure, but I without that, I could probably
put down eighty or ninety.

Speaker 3 (01:35:06):
Okay, So let's say seventy five you put down. You
have a loan for one hundred, right, okay, So on
that loan for one hundred, the reverse loan, you wouldn't
have to make any payments. You just pay your taxes
and insurance, and then that would accrue money against it, right,
and then every year a crewe so in other words,

(01:35:28):
that you wouldn't have to pay. Now, what you do
is if you have a line of credit on.

Speaker 4 (01:35:35):
Top of that.

Speaker 3 (01:35:36):
See and so let's say it makes a certain amount
available that line of credit grows every year by the
same percentage as the loan, and it grows the line
of credit grows, which means the amount available. It's not
really a profit. It's not money in your pocket. It's

(01:35:58):
money available to borrow.

Speaker 8 (01:36:00):
I bet jouretically almost a perfect idea, you know what
I'm saying.

Speaker 3 (01:36:06):
In fact, we can get John on and we should
and he frankly, yeah, he'll do the loan. Yeah, call CMG.
But I'm just giving you an overview. So let's say
now you're in a home, you have a reverse loan,
and now you have a line of credit. So the
line of credit will help you borrow, uh, if you

(01:36:29):
need to in the future, and if.

Speaker 4 (01:36:31):
You don't use it, it sits there.

Speaker 3 (01:36:33):
But the line of credit grows, not not in cash,
but in the ability to borrow, and it grows every year.
But you theoretically don't profit from it. It's money available
to borrow. I'll let John explain some of this as
how a line of credit works on a reverse loan.

Speaker 6 (01:36:55):
After this one, yeah.

Speaker 4 (01:36:59):
I'm going to take it right after this.

Speaker 3 (01:37:06):
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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to seven to one help. You'll think you're his only

(01:37:27):
customer 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 two.

Speaker 4 (01:37:40):
Hey, I'm Tom Martine.

Speaker 3 (01:37:42):
Hey, using a reverse loan to buy a house may
seem confusing, but really what you're doing is putting You're
putting down a down payment and then you don't have
a mortgage. That's really the way it works. And the
down payment will be a little larger than a normal loan,
John Clase. So if you're gonna buy, if this guy

(01:38:03):
is seventy four and he's buying a house like for
one hundred and eighty, like in another state, so how
much would he have to put down?

Speaker 4 (01:38:13):
Approximately assimately about.

Speaker 6 (01:38:18):
He's sixty at that age he'd have to put down so.

Speaker 4 (01:38:23):
They'd lend your pulle.

Speaker 3 (01:38:24):
Oh say, I'm sorry, I was doing just the opposite.
I'm sorry, So you do have to put down quite
a bit.

Speaker 6 (01:38:31):
You do, yes, you do, and it's it's based on age.
But at seventy four.

Speaker 3 (01:38:36):
I'm sorry, I totally screwed that up. You're you're right,
I'm forgetting. The reverse loan is really the loan on
your equity, and you have to have the Okay, so
on one hundred and eighty thousand dollars home, he's looking
at putting down, you're saying seventy percent at least fifty.

Speaker 4 (01:39:00):
I'm sorry, fifty nine percent.

Speaker 3 (01:39:02):
So then basically he's putting down one hundred hundred and
six thousand. Yeah, so okay, yeah, so if he puts,
let's just say he puts, so let's just make it easy.
He puts one hundred grand down, and he has an
eighty thousand dollars reverse loan, right correct?

Speaker 4 (01:39:21):
Roughly?

Speaker 3 (01:39:22):
Okay, when does it become fifty to fifty? Is that
when you're about eighty something?

Speaker 6 (01:39:28):
Boy, they don't even really get to that point anymore
with the new laws. I mean you may get to
you get to about forty five forty six percent max
type thing on the new reverse mortgages on the loss.

Speaker 3 (01:39:41):
Yeah, then he's going so let's say Phil, But then
he's so let's say live there till he's one hundred
and ten. God bless him if he lives out well,
that that's right. If he puts down enough money, if
he puts down the required amount of money, he never
has to worry about the balance ever. But now John explain,

(01:40:02):
if he does the line of credit option, he would
literally have to put down most of it, right because
if he just puts down the minimum, there is no
line of credit.

Speaker 6 (01:40:14):
Exactly right, So you don't get that credit, that growth
or whatever on the line of credit. So you're right
on that tom And.

Speaker 3 (01:40:21):
If so, he'd have to pay In essence, let's just
make numbers easy. If he bought a home for two
hundred grand, he would literally have to pay it off.

Speaker 6 (01:40:32):
If he wanted to get that line, yeah, for the
line of credit, and then that's.

Speaker 3 (01:40:36):
Okay, So he would buy that hold on, so he
would buy the house in cash. Then he would get
a reverse line of credit and not use it, and
and so he'd have it for emergencies. So on a
two hundred thousand dollars purchase, roughly he would have available

(01:40:56):
to him for emergencies.

Speaker 6 (01:40:59):
The how much, oh what would that be? So ninety
thousand something like that and the two hundred thousands.

Speaker 3 (01:41:07):
Okay, so let's say he has so now he buys
the house for two hundred grand, and then he gets
a ninety thousand dollars reverse line of credit. He doesn't
have to use it, but if he needs money he
can borrow from it, and whatever he doesn't use grows

(01:41:30):
by the same interest rate as the oone.

Speaker 6 (01:41:33):
Right, that is correct, You're right, and it grows, so
you get heat. It grows by the same So on.

Speaker 3 (01:41:40):
His first second, after his first year of living in
the home, if he doesn't use it, his line of
credit for ninety grand will grow by whatever percentage the
loan is. And if he doesn't use it the second year,
it'll grow again. That doesn't put money in his pocket,

(01:42:02):
but it makes money available more money available. So while
I had the percentages wrong, I had the concept correct.
You have a line of credit that sits there that
you use only when you need it, And Philip, do
you understand that concept?

Speaker 6 (01:42:22):
But yeah, and you're exactly right.

Speaker 11 (01:42:23):
Tomp.

Speaker 3 (01:42:26):
Philip.

Speaker 4 (01:42:26):
Do you have any follow up questions?

Speaker 19 (01:42:29):
Kic, what are the odds that the initial height showing
hold on hold on shade it down.

Speaker 3 (01:42:35):
All right, well hold on, you wait and we'll figure
that out.

Speaker 4 (01:42:38):
Coming right up.

Speaker 3 (01:42:39):
And then David wants to talk about hoa's and more.
Go with a sure thing Denver's best roofer Excel Roofing
dot com. You don't pay a cent until you're content.
Time for an insurance check up free, no obligation in comparison,
call Compass Insurance paying too much your coverage at dozens

(01:42:59):
of insurance companies find out now three all three seven
seven to one.

Speaker 4 (01:43:02):
Help.

Speaker 3 (01:43:03):
You'll think you're his only customer when you choose Frank
durand the real estate Man dot com to list your
home with Remax Alliance three all three nine two zero
sixteen twenty two.

Speaker 1 (01:43:13):
Yeah, rit.

Speaker 2 (01:43:20):
News, you need advices who you don't have.

Speaker 1 (01:43:25):
Come running as fast as we can.

Speaker 2 (01:43:28):
Shooter's gonna help coming, Man.

Speaker 13 (01:43:32):
Dix is the Troubleshooter Show now, Tom Martine, Hey, Hey, hey.

Speaker 3 (01:43:40):
Welcome to the show. Three oh three seven one three
talk three oh three seven one three eight two five five.
By the way, uh, for those who are technically minded,
I'm on discord streaming as well right now, but you
got to be.

Speaker 4 (01:43:52):
A member and March not allowed, so he can't be
on there, but anyway, so welcome. I'm Tom Martinez.

Speaker 3 (01:44:00):
You know, we're talking about using a reverse loan to
buy a house. So basically, with a reverse loan, you
have to put down enough money that you have the
required equity. And let's face it, reverse loans are different
than regular loans.

Speaker 4 (01:44:15):
A reverse loan is where you can put.

Speaker 3 (01:44:19):
Down is where you have a loan for the minority
share of the house. It's not the majority, so up
to maybe forty eight percent. So if you have a
house paid for, you can get forty eight percent of
that money back, or if you have a loan, you

(01:44:40):
can pay off that loan as long as you have
as long as you don't have more than forty eight
percent borrowed. If you have less than forty eight percent borrowed,
like if your house is completely paid off, you can
have a line of credit going up to forty eight
percent loan to value. And then what you do is
you borrow that money up or pay it and you

(01:45:00):
can use it as a line or never pay it
if the part of the credit you don't use grows,
meaning the capacity to borrow.

Speaker 4 (01:45:12):
So let's make it easy.

Speaker 3 (01:45:13):
Let's say you have an expensive home and you have
one hundred grand available to borrow, and you don't borrow it,
the next year it'll be one hundred and five grand
that you have available to borrow. And if you don't
do that, then you take one hundred and five and
do your interest again, and it compounds and it gives
you a bigger line of credit.

Speaker 4 (01:45:35):
That's what it gives you.

Speaker 3 (01:45:36):
Now, Am I explaining that pretty correctly? John Clase with
CMG Financial, Yeah, you're.

Speaker 6 (01:45:43):
Doing very good. So it basically grows by what you
now interest rate is yeah.

Speaker 3 (01:45:50):
Yeah, So a line of credit is one of the options.
Another one is you could choose to get a check
every month. Another one is you could choose a lump
some option, but you will never borrow more than the
initial amount.

Speaker 4 (01:46:07):
And whatever the line of credit growth.

Speaker 8 (01:46:11):
And John, as far as income on a reverse besides
you know, qualifying for taxes or maybe hoa payments, really
other than that, you don't have to have income, right,
I mean it's really made for seniors that have equity built.

Speaker 6 (01:46:26):
Up, that is correct. It can, Yeah, you don't have
to have income. And nowadays, if you have the seven
hundred credit scores, they don't even ask for any income.
But usually so security. And by the way, that's an insurance.

Speaker 3 (01:46:43):
And by the way, in addition to that, the you
know income, it's not income when you draw money out,
so that that too, So there's no income either way,
there's no income to qualify.

Speaker 8 (01:46:57):
That's a good time. So when you pull if you
borrow that equity. So let's say you know this caller
has a line of credit. When he pulls out ten
grand to go whatever, buy a car or something, he
doesn't pay any income tax on that ten grand at all.

Speaker 6 (01:47:14):
Correct, that's that's I won't affect any Medicare or Medicaid
that you have. So it's completely tatt John, can you.

Speaker 8 (01:47:21):
Do loans because you're with What I love about John
Tom is he's with the bank. I mean, the underwriters
are like in the door next to him. You're dealing
with the guy that's literally giving you the money, not
a broker. But John, you can do not only this
kind of loan, but all traditional loans as well, but
in every single state.

Speaker 6 (01:47:41):
Correct, that is correct? Yep, we do them all in everything.

Speaker 4 (01:47:46):
I love it.

Speaker 6 (01:47:47):
Yep.

Speaker 3 (01:47:47):
Now, Philip, and since you're the one that had the
original question, you had some follow up questions on buying
with a reverse mortgage. Go ahead, Philip, Well, I have
two now.

Speaker 19 (01:47:59):
The first one was I wonder the odds of negotiating
the initial large fee down and how much?

Speaker 4 (01:48:11):
You know, what do you mean the initial large fee?
You mean the down payment?

Speaker 19 (01:48:15):
Told me it would cost me fifteen thousand to get
the reverse.

Speaker 3 (01:48:21):
Oh, you're talking about the actual charges. You're talking about
like the points and the closing costs. You're not talking
about the amount to put down on the house. You're
talking about the expense or the cost of the loan.

Speaker 19 (01:48:36):
Correct.

Speaker 6 (01:48:38):
And it's well, John, what is mortgage in church?

Speaker 1 (01:48:43):
Oh?

Speaker 6 (01:48:43):
Go ahead, sorry.

Speaker 4 (01:48:46):
John, what are the costs involved?

Speaker 6 (01:48:48):
Well, for example, itself from mortgage insurance that is the
most most expensive thing. But it also guarantees that no
matter what, this line of credit can never go away,
can never be frozen, he never have to pay it back.
So the upfront mortga insurance you cannot really negotiate. You
can negotiate the origination fee, which would be about you know,

(01:49:11):
between four and six thousand on something like that. But
you got to remember, like anything else, if you want
to pay less there, you're just gonna they're gonna raise
the margin, which means your rate's gonna be a little
bit higher. So it's kind of a catch. Twenty two is, yeah,
you can get it down, but then you're gonna get
you know, you're gonna have to bring a little bit
more in. You're gonna pay a little bit higher rate

(01:49:33):
or be charged a higher rate. But for Nip on
something like his loan, the upfront fees would be about
eleven thousand dollars with title because of the up front
mortgage insurance fee so on.

Speaker 3 (01:49:45):
That now nothing out of pocket, and that's built and
that's built into the loan, right, in other words, that
that becomes part of the loan. Yeah, but it's still
eleven brand I understand that. But if he doesn't have
the cash, it can be built into the loan.

Speaker 6 (01:50:03):
Correct, correct, And that's ninety nine percent of that. That's
what happens. And it's it's mainly the mortgage insurance, and
you get the guarantees that come with the mortgage insurance.
Like you know, your house, you could never have to
move out of your house, you never have to make
a mortgage payment, the line of credit can never be frozen.
So there's a lot of guarantees for it, especially if

(01:50:24):
you think about the costs and if you're going to
live in that house another twenty years. They're really not
that bad. But they are.

Speaker 4 (01:50:32):
Okay.

Speaker 3 (01:50:32):
And Philip, you said you had two questions.

Speaker 4 (01:50:34):
What's your other one?

Speaker 19 (01:50:37):
Well, I forgot.

Speaker 3 (01:50:43):
That.

Speaker 19 (01:50:44):
Well, one lender told me I would have to pay
fifteen thousand up front.

Speaker 3 (01:50:49):
Well, the John's cheaper. I mean he works directly for
the bank. Well, it could be it. It could also
be that we you're quoting, they're quoting different numbers than
we are. I mean, we didn't get any exact numbers. Philip,
if you have another question, you're welcome to hang on.

Speaker 4 (01:51:06):
Miles.

Speaker 3 (01:51:06):
You have a question while John is on Go ahead, Miles.

Speaker 1 (01:51:10):
Yeah.

Speaker 18 (01:51:11):
My question, if my parents get a reverse mortgage, my
father and mother of both on a deed. If they
get a reverse mortgage and my father has to go
into assist in living, can my mother still live in
the house or will we have to sell the house
to take care of that loan because he is not

(01:51:33):
living in the premises.

Speaker 3 (01:51:34):
Do you understand are they both going to apply for
the loan or is only one going to be on
the loan?

Speaker 6 (01:51:41):
You know, I'm not sure.

Speaker 18 (01:51:42):
I'm not sure.

Speaker 3 (01:51:42):
What's the best way to do it, John Clace, What
is the best way to do it?

Speaker 6 (01:51:48):
The best way is you have to do both of
them have alone, because what they do is no matter what,
they go off the younger youngest birthday, and so the
what you qualify for is based off the younger of
the two bars. And no, she would not happen. Yes,
she can live there as long as as long as
she wants. Also, so if he goes into assisted living,

(01:52:08):
the loan did not become do she can live there.
The great thing about it is you can use the
loan proceed to help pay for assisted living if you
needed to.

Speaker 3 (01:52:18):
Hey, how many months a year do you have to
live in that?

Speaker 8 (01:52:20):
In other words, if someone had, you know, one house
with the reverse mortgage and then had a I don't know,
a condo somewhere else for the winner, I mean, is
there any rules on how long each year you have
to stay in the house.

Speaker 6 (01:52:35):
It's kind of arbitrary, but the rule kind of looks at,
you know, as long as you're in there a little
bit over six months per year in this primary house.
But got it. They don't do reverses on second homes.
They only do it on primary residents.

Speaker 3 (01:52:49):
Hey, Miles, how many years apart are your parents?

Speaker 6 (01:52:54):
Well, my mother is eighty eight, my father's ninety.

Speaker 3 (01:52:58):
Yeah, so they would both would both be on it,
and she'd and and there's no difference. She they would
qualify her base on her age and they'd get the
max amount available at that age. And then if something
happens to him, she still continues in the house.

Speaker 4 (01:53:13):
If something happens to her, he still continues.

Speaker 18 (01:53:17):
Okay, yeah, because we definitely have to put him into
uh skilled nursing. So we're just trying to figure out
the best way to do it and pay for it.

Speaker 8 (01:53:25):
That's how a lot of people do it. They get
that line of credit and use that money exactly like that.

Speaker 3 (01:53:31):
So, Miles, thank you. I got to take a break.
Three on three seven one three talks seven one three
eight two five five more coming right up. Go with
a sure thing Denver's Best roofer Excel Roofing dot com.
You don't pay a cent until you're content. Time for

(01:53:51):
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
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 three

(01:54:17):
O three seven one three talk seven one three eight
two five five.

Speaker 4 (01:54:23):
I want to uh.

Speaker 3 (01:54:26):
Get this special out. Nick Gravine has been with.

Speaker 8 (01:54:29):
Us hold on top one second I've had when three
people asked for John's info. We never gave out his
number or his website Partner in Lending dot com, Partner.

Speaker 3 (01:54:42):
In Lending dot com CMG Financial, and the number is
three oh three five seven seven seven two zero six.

Speaker 4 (01:54:54):
So Nick Gravine is with us. Nick the Home show special?
What are you giving?

Speaker 6 (01:54:58):
You know right now?

Speaker 5 (01:54:59):
Since the Home specials going on, We're gonna give off
two hundred and fifty dollars off any like vinyl or
composite windows and three fifty off any like wood clad
type windows right now until Friday.

Speaker 1 (01:55:08):
Nice.

Speaker 4 (01:55:09):
Are you talking about two fifty off each window?

Speaker 5 (01:55:12):
Yep, every window?

Speaker 3 (01:55:15):
And then wood clad or would when you say woodclad
you mean wood that are clad on top of the wood.

Speaker 5 (01:55:21):
Right Usually, yes, we do do wood on wood though,
so you know wood windows, woodclad.

Speaker 3 (01:55:29):
Three point fifty off each window till the end of
the week. Correct, and that is three oh three. The
number is three oh three Gravina g r A v
I N A. I love that goo three oh three
Gravina the website gravinas dot com. Philip has one more
question on that reverse long, go ahead, Philip.

Speaker 19 (01:55:53):
Let's let's say I get the house. If the house
is damaged, are destroyed, but it's fully covered, than what.

Speaker 3 (01:56:04):
First of all, it would be totally covered because they
would make sure you have enough insurance. Yeah, you'd have
to have that covered. That's part of the requirement. But
let's just go to the obvious. Let's just say you
have some kind of deficiency, whether it be an insurance

(01:56:24):
or loan or any reason. For any reason, you're never
held personally responsible.

Speaker 17 (01:56:29):
Ever, I don't know what you mean.

Speaker 3 (01:56:34):
Well, here's what I mean. Let's say the house goes
down in value and you can't sell it for what
the balance of the loan is, or you need to
go into a nursing home, and your family gets the
house and the loan has a crued to three hundred thousand,
and the house is worth one hundred thousand. No one
can go after you for the deficiency, nor can they

(01:56:55):
go after your estate. Now, let's say your house burned
down and for some strange reason the insurance company went
out of business or you didn't have enough insurance, which
likely will not happen, but let's say it does and
you can't rebuild the house, or you can only rebuild
half of it, or you can't rebuild.

Speaker 4 (01:57:17):
Any of it.

Speaker 3 (01:57:18):
No one can come after you for a dime. You
are free and clear.

Speaker 19 (01:57:26):
Okay, So, yeah, money, I would getting money from insurance
then for the destruction.

Speaker 10 (01:57:34):
Of the house.

Speaker 3 (01:57:35):
Now, if your scenario, which will not happen, happened, then
you would be even You're right, you would not be
able to get your original down payment back. But with
a reverse loan, one of the requirements is homeowner's insurance
to replacement value. Okay, so you would never end up

(01:58:01):
with a house you could not rebuild theoretically, So anyway,
that's it. Philip three all three seven one three talk
seven one three eight two five five David, what's going
on in your life? I'm sorry you had the way
you have an hoa question.

Speaker 16 (01:58:16):
David, Yeah, thanks for taking the call. Hey, my mother
in law, David has owned the house for twenty five
years and she's trying to sell it now. Well in
doing so, she has a buyer that's under contract, and
his realtor did a title search and apparently at some

(01:58:37):
point in time there was a declaration of covenants and
restrictions that was here on this property, and I think
it was prior to this house being built, which was
built in two thousand. It was the first one in
the subdivision. But there has never been an HOA here
or any dues or anything like that, no meetings, no, nothing.

Speaker 1 (01:59:00):
So now the.

Speaker 16 (01:59:02):
Prospective buyer is worried that there's an HOA somewhere that's
going to pop up and start charging fees or something.
How would you recond dealing with it?

Speaker 3 (01:59:13):
Did the title company uncover these covenants?

Speaker 18 (01:59:19):
Yes?

Speaker 4 (01:59:21):
And are they recorded?

Speaker 16 (01:59:25):
Apparently so yes?

Speaker 4 (01:59:28):
Okay, covenance indeed restrictions right.

Speaker 16 (01:59:32):
Yeah, it's uh covenants and restriction declaration of covenants and restrictions.

Speaker 3 (01:59:39):
Right, not unheard of on now and and now someone
is saying, well, wait a minute, if there are covenants
and restrictions, there's probably an HOA somewhere that I don't
want to be part of correct. Okay, is there an
HOA anywhere that the type company? Is there an HOA

(02:00:02):
anywhere that the title company can find?

Speaker 6 (02:00:06):
No?

Speaker 4 (02:00:08):
Okay? So what they're going to have to do is
just take a chance.

Speaker 3 (02:00:14):
I've had properties I've purchased where there was a dormant HOA.
Now I will say, if there are recorded by laws anywhere,
you should go to the county and see if there
are HOA bylaws or anything recorded anywhere at the state
or anywhere. Those by laws could be picked up by

(02:00:34):
a number of people who live there, and they could
theoretically resurrect an hoa, but that would be almost as
difficult as starting a HOA. So this person is looking
for trouble. In other words, you can tell the buyer, hey, listen,

(02:00:55):
the chances of an old HOA being resurrect did is
about the same as a bunch.

Speaker 4 (02:01:02):
Of homeowners getting together.

Speaker 3 (02:01:04):
In fact, it would be easier for a bunch of
homeowners to get together and form a new one.

Speaker 4 (02:01:10):
So how many homeowners are in the subdivision?

Speaker 16 (02:01:16):
Oh, probably seventy five ish, And are all.

Speaker 4 (02:01:22):
The homes built? Yes, okay, So then the.

Speaker 16 (02:01:31):
Two of the houses next door do not even show
this on their beat it all.

Speaker 3 (02:01:38):
Okay, that's just because this person their title company did
a more thorough search. But what I'm getting at is this, David,
you have you said about seventy five owners roughly?

Speaker 4 (02:01:53):
Yes, okay, Now.

Speaker 3 (02:01:57):
Those owners are there, No one's going to build a house,
so covenants. I guess what would happen if a neighbor
wanted to paint their house purple or you know, shartruse.
Is there anyone that would come forward in protest? Do
they ever have any meetings?

Speaker 12 (02:02:18):
No?

Speaker 16 (02:02:20):
Okay, there's never no meeting here whatsoever in this get
five years.

Speaker 4 (02:02:24):
She's been there. Now do they have common area?

Speaker 16 (02:02:30):
There is a small park that is maintained by the city.

Speaker 4 (02:02:36):
Well, then it's not common area. So what I'm saying
is they've never collected a do ever?

Speaker 6 (02:02:44):
Nope?

Speaker 18 (02:02:44):
Never?

Speaker 3 (02:02:45):
Okay, you just have to disclose that to the buyer
and if they don't want to take the chance, don't
take the chance.

Speaker 4 (02:02:52):
That's it. It's that easy. I mean, like I said, if.

Speaker 3 (02:02:56):
There's no homeowners anywhere, I would look at the state
lefts to see if there's a corporation in the name
of the subdivision or whatever, and if there's not, ask
the title company to search. Well, why would you can
tell the seller?

Speaker 4 (02:03:10):
It's common sense, it's common sense.

Speaker 3 (02:03:13):
Why couldn't he get it off there?

Speaker 1 (02:03:15):
Though?

Speaker 8 (02:03:16):
If there is nothing out there and no one can
actually show that there's ever been in HOA, there's no
documents for the HOA, there's no organization period, why couldn't
they just drop that?

Speaker 3 (02:03:31):
Because they're separate and apart from the HOA. Covetence and
deed restrictions are separate documents, That's what I'm saying.

Speaker 8 (02:03:39):
But you're saying there's no there's no way to get
rid of that deed restriction.

Speaker 3 (02:03:45):
No, okay, not not really No, I guess wait a minute,
I don't think so, because, first of all, it has
no effect on the deed none. The house is already built.
I mean, first of all, David, if the title company
uncovered covetence and deed restrictions, what are they?

Speaker 4 (02:04:06):
What are they?

Speaker 6 (02:04:08):
Oh?

Speaker 16 (02:04:08):
It's several pages of stuff here, And I'm wondering if
it was put together prior to the subdivision being built
as guidelines to the builder. Well, it was about fees
and restrictions, and it talks about association and all of
this stuff. But there was never ever a homeowner's association

(02:04:30):
that was actually ever developed.

Speaker 3 (02:04:31):
Look, it's it's an orph we call them orphan documents. Okay,
I don't know if you can have them removed. Maybe
it can. But this happens all the time that homeowners'
associations are started, let's say, by the developer and restrictions,
and the homeowners never pick it up ever. And that's

(02:04:53):
all there is to it. I mean, as I said,
any group of homeowners can get together and do anything
they want. So the seller or the buyer asking, wait
a minute, what's to prevent this HOA from now all
of a sudden taken over? The answer is nothing. The
same answer would be this, what would prevent seventy owners

(02:05:17):
or sixty five owners getting together and forming an HOA?

Speaker 4 (02:05:22):
The answer is nothing.

Speaker 3 (02:05:24):
I In other words, but in that second case, you
wouldn't have to be a part of it if you
live there currently, right, Yes you would, if you had
seventy five percent or more, you would, there are certain
It depends.

Speaker 4 (02:05:40):
On the laws.

Speaker 3 (02:05:40):
Actually I shouldn't say that, because you're right, Mark, they
can't just haphazardly rope you into it.

Speaker 8 (02:05:46):
Yeah, but if you but but yeah, it depends would
think you could go to a judge and get that
trapped off.

Speaker 6 (02:05:52):
I mean, I have no.

Speaker 3 (02:05:53):
Idea, but it would be a fast to call it
quiet title action. What Well Marc is talking about is
a quiet title action. What it means is there's no
one to sue and there's no other person involved. It's
a quiet title action that you ask the courts to

(02:06:13):
remove it because it means nothing. You could inquire about that.
Let's say we could if we have enough time to
get Brad O'Brien, maybe he can come on the last
few minutes of the show. Of course, we have even
more than that, so have him come on and we'll
figure it out. Three oh three seven one three talk

(02:06:41):
Go with a sure thing Denver's Best roofer Excel Roofing
dot com. You don't pay a cent until you're content.
Time for an insurance check up free, no obligation. In comparison,
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(02:07:03):
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 4 (02:07:15):
I'm Tom Marshin.

Speaker 3 (02:07:16):
I your troubleshooter three all three seven to one three talk.
I want to go to Brad O'Brien real quick and
Brad O'Brien is a real estate attorney real estate firm
O'Brien Legal Services olslaw dot com. Hey, Brad, I just
want to lay this out pretty simply. So, in a
title search in a subdivision of about seventy five homes
twenty five years or older subdivision, they're getting ready to

(02:07:40):
sell their house and on a title search, the sellers
discover that there are covenants and deed restrictions and a
whole bunch of stuff, you know, like the covenants for
the whole subdivision. Yet they have never been in force.
There's never been an hoa, never been a doing. So

(02:08:02):
the buyer says, wait a minute, what's going to prevent
an hoa from being resurrected? Since there's covenants in deed restrictions,
there must have been an hoa sometime. What's going to
prevent them from being reignited or resurrected and start collecting dues.

(02:08:23):
My answer would be that's the same as you ask, well,
what would prevent seventy five owners from getting together and
deciding to.

Speaker 4 (02:08:30):
Form a new HOA.

Speaker 3 (02:08:31):
I mean, I guess there's no sure things in life.
But what would your answer be to the buyer concerned
about a resurrected HOA.

Speaker 20 (02:08:44):
Well, it is possible that the HA could be resurrected,
even though it's dormant right now. The covenants that were
recorded over twenty five years ago, those are tasked to
the title of each house in that community, and they
passed from seller buyer each time it sells, so they're
still there until until they potentially expire.

Speaker 3 (02:09:07):
Yeah, but the covenance indeed restrictions in and of themselves
do not form an h o A. They just nor
do they ask for dues or anything else. So we
have two separate things, an h o A with their
bylaws and covenance and deed restrictions, which are usually adopted
by an h o A. What I'd like to know

(02:09:29):
is this, in order to resurrect an h o A,
wouldn't they have to find it?

Speaker 20 (02:09:37):
Well the recorded covenants, Uh, those exist already. And if
if there's nothing, there are no bylaws right now that
that exist. The common the Colorado Common Interest Ownership Act
called KIOWA, governs in lieu of actual documents that provide

(02:09:59):
for how to manage a unity. So the homeowners right
now can look to KIOWA for what would apply. Uh,
you know what what applies now? Because there isn't anything
in writing about a nature wig operating.

Speaker 6 (02:10:11):
At this point.

Speaker 3 (02:10:11):
Hey, Brad, Brad, So my my assertion or my my
my theory that it's would be the same as them
saying let's form an ho A. Yeah, but you can't
form a new one and force people into it, can you?

Speaker 4 (02:10:24):
Mark? Mark? Just hold on, he just talked about KIOWA.

Speaker 3 (02:10:28):
Now, Brad, if they could not find the old corporation
or the old bylaws and they wanted to form one,
what Mark says is, how would that affect this guy
that they bought the house? What if they all want
to form them but there's some that don't.

Speaker 20 (02:10:47):
Uh, Well, KIOWA provides for how to get an association going.
All of the all of the properties in this community
are are potentially subject to in HA forming because they
eviinitely share they have some common company owned land that's owned.

Speaker 8 (02:11:10):
Well, well, Brad, hold on, I just want to say
what he said. The caller, and I'm going to pull
him back up if I'm wrong. But on some he said,
some of the other properties, like his neighbors, they do
not have deed restrictions.

Speaker 3 (02:11:24):
He did not say Mark, He did not say they
don't have deed restrictions. He said that their title search
did not show the same deed restrictions or covenants. That
could be merely a negligent search.

Speaker 20 (02:11:42):
Well, kaiwa applies when you've got properties, separate properties that
have some common land owned between them, for example a
road or an entrance way.

Speaker 3 (02:11:53):
Yeah, but what he's saying, David's saying there is no
common property none, zero.

Speaker 6 (02:11:59):
No.

Speaker 16 (02:11:59):
The city, the town of birth that maintains the streets
and the little park is maintained by the city, and.

Speaker 3 (02:12:08):
There are no bridal paths, there are no easements or
anything that is owned by.

Speaker 4 (02:12:14):
Okay, okay No.

Speaker 20 (02:12:17):
Well, perhaps this is a clean up operation where you've
got recorded documents from a long time ago to have
some covenants that have something to talk about.

Speaker 6 (02:12:25):
In the association.

Speaker 20 (02:12:26):
Perhaps these rists could get together to sign something that
officially makes them go away permanently.

Speaker 3 (02:12:34):
Could they do a quiet title action and get it
off of the deed.

Speaker 20 (02:12:39):
Yeah, that would that would be one route if they
can't get unanimity, that may be required to terminate the
covenants that.

Speaker 18 (02:12:47):
Are of record.

Speaker 3 (02:12:50):
So, David, what did you say, did they have it
or not have it? Or you have no idea.

Speaker 16 (02:12:57):
The neighbor we talked to last night says, know they
have never ever seen this document when their dad bought
that house next door.

Speaker 4 (02:13:07):
David, Okay, how many times can I say this?

Speaker 3 (02:13:10):
That doesn't mean it doesn't exist. It is a matter.
I have seen three title searches from three title companies
that are different. Brad. Would you explain that please, that
it's possible even if the neighbor said, well, one, my
dad bought this property, we never saw that. What would

(02:13:32):
that mean to you? Brad? Yeah?

Speaker 20 (02:13:34):
Most buyers in Colorad don't do not look at the
title when they when they buy it. It just sort
of gloss over it. They figure that if the someone
must have good title, so there's nothing really to look
at it. Now, I as an attorney, when I'm retained
by a buyer to help with a purchase, I look
at title and see what's out there. So you know,
if I represent a buyer, I would know that I
would find that.

Speaker 3 (02:13:54):
There are no no, And I get where Mark's going.
He's thinking, because a title search may have been done
on an age twenty five years ago or ten years
ago or five years ago, that it's that it's set
in stone, and it's not.

Speaker 8 (02:14:05):
There are things missed all the time. Moretly, what I
was thinking is, I don't know when this guy's house
was built. Let's say some of the homes there were
built by one builder thirty five years ago and they
had every intention of having an hoa. Then it got orphaned,
no one ever did anything, and then independent builders came
in and actually built lots and stuff that would never

(02:14:28):
have that hoa in those documents attacked.

Speaker 3 (02:14:30):
Yes it would, Yes, it would mark what you don't understand,
deed restrictions are filed on the plat and they would
be part of that lot, whether they know it or not.
If it's a if it's a recorded deed restriction, and
it's a recorded covet in it's done on the subdivision,
and whether a new builder came in or his uncle

(02:14:51):
or neighbor came in, it would still be part of
that land. You don't just willy nilly decide it's not
part of it. Brad was trying to say that it
becomes part of it. It is recorded against it. The
fact that they don't find it in a search doesn't
make it nonexistent.

Speaker 20 (02:15:12):
Yeah, that's what title insurance is for. So if if
the title company missed finding a covenant, it was recorded
a long time ago, and then somebody tries to use
that covenant against against the help the purchaser, that purchaser
could go to their title insurance and make a claim.

Speaker 4 (02:15:27):
That's right.

Speaker 3 (02:15:28):
If the title insurance missed it, that's right. But I,
for one, I don't believe what David's neighbor heard from
the neighbor. I just don't believe it unless you actually
see the search. But again, the search doesn't determine the existence.
The search just determines the quality of the search. We
have more coming up. Go with a sure thing Denver's

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