The Troubleshooter 6-10-25 PPM

Episode Transcript

Speaker 1 (00:04):
Ripped of.

Speaker 2 (00:06):
News, need advice, so you don't.

Speaker 3 (00:09):
Have come running.

Speaker 4 (00:12):
Just as fas as you can, Shooter's gonna help come man,
this is.

Speaker 5 (00:19):
The Troubleshooter Show. No Tom Martinez.

Speaker 2 (00:24):
Hello, what's going on in your life? Let's talk about
it every day, aches and pains, the things that make
you tick, the things that tick you off. You know,
even though we do have a discussions having to do
with the day's news, a politics, it's only as it
as it applies to us in our pocketbook and our life.

(00:47):
This show truly can't be defined as just one topic, obviously,
but it's all about helping people, and not just helping,
but discussing issues before they become an issue. And right
now I can't help but look at the amount of
scams is It is flabbergasting. I mean, my god, the

(01:10):
amount of scams right now online. There are especially seniors
and young people. There seems to be a gap of
sanity in between where they don't get hooked as much.
But young people, and I say young people from their
mid twenties onto their forties and then or thirties, and

(01:33):
then you have people over sixty getting just taken advantage
of and they We're not talking about a few dollars
here and there. We're talking about thousands and thousands of dollars.
Now we might go. We might not be able to
prevent them completely, but we can at least make our

(01:55):
listeners wiser. Let's go to the phones, and the number
to call all the time if you want to get
on the show is three oh three Martino, and we'll
get you in there. Even if you call after hours
that that queue will we'll we'll listen to the voicemail
and get you on. You never have to wait. That's

(02:15):
three oh three Martino, three O three six two seven
eight four sixty six. Dustin is starting off the fun
today and he's talking about Porter Care. Now, what's going
on with you, Dustin? What's happening?

Speaker 3 (02:30):
So?

Speaker 6 (02:31):
I uh was in there adm minutes of the hospital
for a broken bone and was it in the waiting room.
Took some pictures of my ankle, which clearly you can
see it's not bleeding, the bone's not sticking out. The
X ray tech took an X ray within a mobile
device and said, yeah, you have a broken heel. We
need more X rays. So I'm like, okay, great. My

(02:52):
mother and sister were there as a businesses in the
waiting room. I called them it.

Speaker 1 (02:56):
Was mother's day.

Speaker 6 (02:57):
I was supposed to have U with that and or lunch.

Speaker 1 (03:01):
Sorry.

Speaker 3 (03:02):
So they showed up to the hospital, waited in.

Speaker 6 (03:04):
The waiting room with me, and they called me back.

Speaker 1 (03:08):
To do more x rays.

Speaker 2 (03:09):
We don't even go in the x ray room.

Speaker 6 (03:10):
My mother and sister are with me, and yes, ra
Texta grabbed my ankle and starts twisting it, and I say,
you know, hey, that hurts like my ankle is broken.

Speaker 1 (03:19):
That doesn't feel good. And instead of need to.

Speaker 6 (03:22):
Rotate my leg, he says, well, we need to get
this shot and continues twisting, and then there's a loud
pop and he says oops, and we look down and
my bone.

Speaker 2 (03:31):
Sticking out of my skin, and then leaning, oh my god,
wait a minute, Wait a minute, wait a minute. So
he he is the one that manipulated your leg and
caused the bone to pop out. Yes, so now now,
but the bone was already broken, right, I mean, obviously
the bone was already broken.

Speaker 1 (03:53):
Bone is broken.

Speaker 6 (03:54):
He could have literally asked me just to turn my
foot to the outside to get the same angle that
he was looking for instead of grabbing it.

Speaker 1 (04:00):
Wow.

Speaker 2 (04:00):
Okay, So so what happened after after the bone pops
out of the skin. Holy crap, Other than being shocked,
what did you do? Did you faint or something? What happened?

Speaker 6 (04:12):
I said, al and then I looked down and my
foot is bleeding all over the table. I grabbed my
phone and took a picture immediately because I was like,
I'm going to document this. My mother and sister witnesses
as well. They continue taking their X rays, and then
in the notes they put that I came in with
a compound fracture, saying that it was already popping.

Speaker 1 (04:31):
Out of the skin.

Speaker 6 (04:33):
So time goes, I have to have an unnecessary surgery
to deal with the unnecessary pain and suffering obviously, as
well as all the unnecessary drugs, antibiotics, all of that
fun stuff that I shouldn't have had to deal with
because of their negligence.

Speaker 2 (04:48):
Right now, now, now, hold on, though, Now you're you're
making you're making some giant leaps. Okay, you're saying that
it's it's it is possible that you did come in
with a compound. I mean, it wasn't through the skin yet,
but it could have been a compound fracture just under
the skin. You're assuming that they caused the damages. I mean,

(05:12):
you did come in with with with some damage, right,
we can agree to that.

Speaker 6 (05:17):
The bone is broken. Compound fracture means that it's perforated
through the skin. So it was not for Fred, that's
right when I came in.

Speaker 2 (05:23):
No, no, I understand what you're saying. But what I'm
saying is the conditions for the compounding fracture were all
there and his manipulation caused it to pop through the skin.
Look at I get what you're saying. And you went
through you did, you went through some other pain that
you possibly wouldn't have gone through. So what I need

(05:43):
you to do, Dustin, because this is this is a
very complicated case, but with malpractice, because that's what you're
talking about, malpractice. The burden of proof. The burden of
proof is such that, now listen carefully. You have to
show that the standard of care was not up to
the area the community. In other words, if you're in

(06:05):
a third world country, the standard of care is different
than if you're at Porter okay. So, and you have
to show that the direct actions or in actions of
a healthcare provider led to the increased pain and suffering,
or led to the additional problems. Okay that In other words,

(06:30):
they would not have happened if that bone was ready
to pop through the skin and they just helped it
a little. They didn't really cause it. They contributed to it,
but they didn't cause it. It wasn't negligent to try
to get the bones lined up. Now, I'm not talking
about your case. I'm talking about in general. So I
want you to tell me exactly what they did wrong

(06:54):
and what damages you have.

Speaker 6 (06:58):
Twisting my foot. If you're laying there and your feet
are pointing to the ceiling, you can twist your body
so you're let your foot would be pointing to the outside.
If he did not grab it, right, be on the
point when I was telling him it hurts, that would
have never happened.

Speaker 2 (07:13):
Ever, even if he did a break. No, I get it. Now,
did the break though the break was already there?

Speaker 1 (07:20):
Right?

Speaker 2 (07:20):
Or are you saying that it wasn't broken and he
broke it.

Speaker 6 (07:26):
The break was there, the bone sticking out of the
skin was not, and it would not have happened with him.

Speaker 2 (07:33):
I get it.

Speaker 1 (07:33):
Twisting now, I get that.

Speaker 2 (07:36):
Okay, So what are your damages. How long did that
visit last? In that emergency room?

Speaker 6 (07:44):
I had to stay overnight and then have surgery, and
then was in the hospital for several days after that
because they had to give me.

Speaker 2 (07:52):
What are you saying that was? But Dustin, I'm trying
to differentiate. This is clear for everyone listening. I'm malpracticed.
Let's just get it right out there. You have to
show that part of it was due to what they
did and that contributed to it or caused it. If
you have pain and suffering with a compound fracture, that's

(08:15):
not necessarily malpractice. You were going to have pain and
suffering no matter what. What increased pain and suffering did
you have as a result of what they did? And
what is that increased pain and suffering worth or even better?
And I don't mean better, but better for the malpractice suit?
Did they cause any lasting harm as a result of

(08:37):
what they did initially? Did they have any did they
cause any lasting harm? Well?

Speaker 6 (08:45):
Do you think if you had a broken bone and
someone twisted it and causes the bone to terity your skin,
that it's not going to cause more pain?

Speaker 2 (08:52):
I think I know it, called Dustin, I don't doubt
it causes more pain, and but that more pain could
have been inevitable that you were going to have more
pain when they set the leg. Anyway, I'm not arguing
with you. I'm trying to find out which part of
this is malpractice. You're going to have pain when you

(09:13):
have a fracture of your leg and they're trying to
set your leg. I want to know what was negligent.
That the bone tearing through the skin was terrible, But
that's one incident. That incident in and of itself. While
it might be a malpractice, it's not actionable, meaning no
attorney is going to take a case because bone went

(09:36):
through the skin and it was then over with. Now,
if bone went through the skin and then it caused
some irreparable harm where it could never be repaired properly,
that's different. I'm trying to help you come up with
something that is either permanent or lasted so long that
it made your life miserable. I'm looking for something that's action,

(10:00):
something that was so excruciating and that was blatantly negligent
on their part. Twisting your leg and trying to set
your leg was not that. I mean, if he, if he,
I'm trying to come up with what's that amazing?

Speaker 7 (10:18):
They turned around and charged him for the damage that
they did.

Speaker 2 (10:22):
The additional damage. Yeah, well that's a different issue. I
think we need to get I think we need to
get an attorney that market deals with stuff like this.
Let's get Marco Dustin't I'm not good at talking about
malpractice because it's sometimes I think there's nothing there and
sometimes there is. And I'm not a really good arbiter

(10:43):
of this. However, I do know this, Okay, malpractice suits
are some of the most difficult suits, not just to win,
but to even get to the courthouse, because you have
to have another healthcare provider look at what was done
and say literally, this was malpractice based on the records,

(11:07):
the notes and what happened. I don't doubt Dustin that
that you were mistreated in a way, maybe because the
guy kept twisting and turning and then finally the bone
came through. I don't doubt that. But that in and
of itself does not constitute unactionable malpractice. But I want

(11:28):
to talk to Marco Benddelli, an attorney, since you called in,
I want I want to get you a hearing from
a guy that handles these cases. So hold on, let's
get Marco on Kaschina three three seven to one, three
Talk seven one three eight, two five five. Yeah, this
is a terrible case, but malpractice is a very, very

(11:48):
tricky area of law. We have more right after this. Hi,
Tom Martino here three three said on three Talks seven one, three, eight, two,
five to five. Listen. I want to talk about this
because I think malpractice was one of the most misunderstood things.

(12:09):
I'm gonna go on to other calls until we get Marco.
But the guy was twisting his ankle and stuff. What
they try to do with a break is align the
bone so they can see what they're dealing with. I
don't know if they took X rays before. I don't
know if they took X rays before they touched them.
What that they're doing. The fact that the bone went
through the skin is serious and it is extra injury.

(12:33):
But did they cause it or was it inevitable? What
you have to show is that it was unreasonable and
beneath the standard of care to do what that dock
or that whoever was that nurse did. It was below
the standard of care, and it caused additional damage and

(12:57):
additional pain and suffering. There is no doubt it caused
additional pain when the bone went through the skin. So
I want Dustin to know. I would be really pissed
off to Dustin, and I agree with you. You go
in there with a break and then all of a
sudden they pop the bone through your skin. But what
is it, for lack of a better term, what is

(13:21):
that worth? That's the problem we come to trying to
figure out what is it worth? Mark, did you have
comments on it? You were saying something during the break
on it. Well, I feel bad for the guy big time.

Speaker 7 (13:36):
I can't believe the guy made that big of a
mistake on his foot. But I don't see any like
life changing events happening here. I don't think an attorney's
going to touch it simply because there's no money in it.
It really does so I wish he ended up paying
for their mistake. But unfortunately, there's not much to do here.

(13:57):
An attorney wouldn't make anything on this.

Speaker 2 (14:00):
No, and that's where the problem is that I wish
there was a level of malpractice because healthcare providers many
times will do a lot of things. I'm not talking
about tiny things. Listen, we got to give people grace.
But and I'm not talking about the really major things
where the attorneys line up to take your case. But
it would be nice if there was an equivalent of

(14:22):
a small claim you can make for malpractice where you're
heard by a panel of judges, let's say, where attorneys
aren't allowed and you simply go in and make some
claims and you get small satisfaction because let's say Dustin
went through some excruciating pain as a result of this
bone puncturing the skin, and it was very uncomfortable and

(14:42):
it was unnecessary, but it doesn't rise to the level
of a malpractice case. It would be nice if there
was some kind of forum where these people could be
heard or the healthcare provider has to answer for this.
I'm want to move on and hold on Dustin, getting
an attorney on for you. We're going to try like hell.

(15:03):
Right now, I'm going to talk to Bob about a contractor. Bob,
welcome to the show. What's going on with you?

Speaker 1 (15:10):
Hey, Tom?

Speaker 8 (15:10):
Thanks for having me on the show last month. On
the week prior to the May twenty fourth, I solicited
bids from five concrete contractors to have some flatwork done
at our house and I wanted to appoint with the company.
I wound up going with the company.

Speaker 1 (15:30):
They were not low bid.

Speaker 8 (15:31):
He seemed the most knowledgeable and communicative at the time,
so we went with him. Day one he came in,
and it might be worth noting that all these companies
required fifty percent up front.

Speaker 1 (15:48):
And okay, which kind of was not it? Maybe afortable?

Speaker 2 (15:55):
Hey, Bob, I wouldn't have given I wouldn't have given
fifty percent up front unless it was when they started.
But that's neither here nor there. What kind of concrete
work you didn't say, what kind of concrete work were
you having done?

Speaker 8 (16:08):
I was basically demoing an existing sidewalk on our front
yard and then building a footer with a stem wall,
and then three separate concrete paths or areas with concrete
at about a thousand square feet of concrete in total.
They did start that day. There was three of them

(16:31):
on the crew with the owner. They started working and
again doing the basic dirt prep. He worked for about
almost a week and a half on the project. He
did do a little bit of dirt work. He demoed
the front sidewalk, removed that, but the little issues started

(16:54):
popping up. One of the biggest ones was the fact
that he didn't really show up with a lot of
equipment or tools, so he wound up barring my wheelbarrow,
my extension cords, my shovels, and other equipment.

Speaker 1 (17:08):
When he needed the jump.

Speaker 2 (17:11):
All right, I mean he gave a bad first He
becave a bad first impression for sure. But let's get
to the meat. What happened.

Speaker 8 (17:19):
Well, ultimately we had some disagreements on the workscope. There
was a one week completion date which which kind of
came and went. Then there was some work that was
being the work he was being done. He was covering
up some things that needed to be addressed, and ultimately
my wife and I wound up taking care of it ourselves.

Speaker 1 (17:41):
He just covered it.

Speaker 2 (17:42):
Give me an example of again, you got to give
me an example of what you're talking about. Some work
that he covered up. What are you talking about?

Speaker 8 (17:49):
There was a large cottonwood tree we had cut down
a couple of years prior, and there was an extensive
root system underneath that existing sidewalk.

Speaker 1 (17:57):
We didn't know how long until.

Speaker 8 (17:59):
The concrete was removed. And any concrete company is going
to tell you there cannot be any organic material left underneath,
any kind of new flower, it's.

Speaker 1 (18:09):
Going to be done.

Speaker 8 (18:10):
So that had to be removed, and he kind of
sort of steered away from the conversation about that. He
went ahead and moved forward, compacted all the dirt right
over the top of these.

Speaker 2 (18:21):
Well, Bob, when you knew, Bob, if you knew there
were roots under this, I'm trying to get a feeling here.
Did you just basically let him do what he was doing,
or did you say, wait a minute, this root system
has to be removed.

Speaker 8 (18:37):
I told him that, yes, there's very good. Well you
could even tell that there was a roostersys from underneath here,
because well.

Speaker 2 (18:43):
Did the contract, did the contract address it? Did the
contract say we'll remove or what did it? Why did
you let him proceed if you knew it had to
be removed.

Speaker 8 (18:54):
I was at work and we had the discussion that
as soon as he demos the sidewalk, he needs we
need to assess the situation, look at the roots and
see if if it's if they need.

Speaker 1 (19:05):
To be removed or not.

Speaker 8 (19:06):
That in one day, he removed the sidewalk and then
spread the dirt out, packed it and called it good.

Speaker 9 (19:13):
All right, Okay, we're.

Speaker 1 (19:14):
Gonna all right, Bob.

Speaker 2 (19:15):
And so so basically he didn't think it needed to
be removed, is what you're.

Speaker 8 (19:19):
Saying, right, And I've had other country companies come out
and assess it since he's left. But what and they
all agree that that the roots needed to come out.

Speaker 2 (19:33):
That would have been extra cost to you or was
that in the contract?

Speaker 8 (19:37):
It was partially in the contract, but our agreement was
that that whatever was in there, I would I would
make sure that I took care of removing the root systems.
But he didn't allow me the time to do that,
and he went ahead and moved forward, basically covered up
a potentially bad situation because what would happen is if

(19:57):
foot dissolved in the ground can collapse the sidewalk.

Speaker 2 (20:02):
No, I understand it leads the void, but that that
is only for really big root systems. So what ended
up happening? Are you getting are you getting failed? Well?
This was done when when you said May, right in May?
So what's happening now? What does the what does the
job look like now?

Speaker 8 (20:21):
It looked well, basically on May thirty first, Saturday, May
thirty first, he came out to work. We tried to
discuss that and some other situations with the payments and
everything and the timeframe.

Speaker 1 (20:33):
Uh, we had gone way over schedule.

Speaker 8 (20:37):
I had to rent the jumping jack compactor for him
because he said.

Speaker 2 (20:40):
He didn't know. Okay, so, but but you're still not
telling me. You're telling me a bad experience. But you're
telling me a bunch of little things. Did that add
up to failure of the job?

Speaker 8 (20:53):
Yes, failure of the job. We paid him half, which
is which was six thousand dollars up front. He's only
about fifteen hundred dollars worth of work, and he abandoned
the job, and he.

Speaker 2 (21:05):
Is, okay, now we're getting Now, we're getting somewhere. Why
did he abandon the job?

Speaker 8 (21:12):
Because he didn't want to discuss the issues that we
had concerns about, and he got very upset, very irate,
and he said, well, we're just going to have to reschedule,
you know, And so tentatively he said that they would
reschedule for June twenty fourth.

Speaker 2 (21:31):
So you you paid him, you paid him upfront, and
you got only partial work. Who told you you only
had fifteen hundred dollars worth of work.

Speaker 8 (21:43):
Two other concrete companies that came out to assess the
work that they had done, and they quoted that about
fifteen hundred, maybe two thousand dollars out of the six thousand.

Speaker 2 (21:55):
Okay, hold on, hold on, if he poured any kind
of on creey at all, it's going to be more
than that. But I think what maybe you're saying is
he did the job, but you did not get any
value out of it because it has to be redone.
Is that what you're saying.

Speaker 8 (22:12):
No, there was no there was no final prep work done,
there was no forms built.

Speaker 2 (22:19):
I'm asking you. I'm going to ask this question again.
Are you saying that the work that was done is
so poor that it has to be redone?

Speaker 8 (22:28):
No, yes, it has to be partially redone. And it's incomplete.

Speaker 2 (22:34):
Okay, gotcha, I got you. Okay, No, no, I got you.
It's incomplete and part of it has to be redone.
Hold on to that. I'm Tom Martino Moore right after this,
Tom Martino, your troubleshooter. By the way, Dan McKenzie is
with us too, and Dan McKenzie is McKenzie law State law,

(22:56):
and I do have some text for him. Bob wants
the way in on that issue. Uh on, that issue
with the contractor. Bob, go ahead, what did you Bob
is with l em Landscaping on a referral list? And
let me just sum this up. Okay, this job is
just basically a bad job. Bob doesn't like it. He
had words with the contractor, and the contractor walked off

(23:18):
the job. What Bob is upset about is he didn't
get the value for what he paid and that could
end up in small claims court or we can try
to call him now, who's ever moving stuff around? Is
that you? Bob? Can you kind of get to a
quieter place or what what's going on? Window up?

Speaker 10 (23:34):
Yeah?

Speaker 11 (23:34):
Okay, Tom?

Speaker 2 (23:35):
Here, yeah, thank you put it up.

Speaker 10 (23:37):
Here's what I want to Here's what I want to
tell people. You and I have this conversation throughout the year.
Several times he got exactly what he paid for, even
though he didn't get it. Twelve dollars a square flip
based on his measurement is the kind of work you're
gonna get. Okay, you asked him about stuff in the contract.
In our contract, every single thing is wrote down Tree Works.

(23:58):
We tell him we will take him out as long
as it's not a main lift. That will affect something,
which it never does. But he, from what I can tell,
he's blaming the contractor for what he takes. He's only wrong,
but he didn't do his job right here, Okay, he said, oh,
I didn't get the lowest bed, but I went with it. Well,
I guarantee he didn't see if the guy was writer's
secretary state. I guarantee he didn't say he got him

(24:20):
up for you, because I never got a call from him.
So here's what people need to understand. I'm going to
say again, when you get a contract bid, I don't
care if you're artist or not. You should have us
out so we can tell you what's how it should
be done. We have them approved offorming, we have them approved,
the road days, we have them approved, the remark we

(24:40):
have them, we give them fiber metare coding, Bob. Bob
practor didn't do.

Speaker 2 (24:47):
His job right, Bob. Consumers don't always know what they
should get. So so you know when you said he
didn't do his job. A lot of consumers rely on
the expertise and trust of the contract. I mean, they
don't always know and they should by the way, I
do believe. One of the things I've always said about
being a consumer is doing research for the project at

(25:10):
hand to find out at least a little something about it.
But the bottom line is this, he said he didn't
get his money's worth and the guy walked off the job.
No matter what, there's got to be some kind of
an adjustment here. But I agree with you, Bob. I
do agree with you. You should educate themselves for what
they're doing. I'm sorry Mark, what you say, Well, it

(25:31):
just goes to show again that's why you don't pay
up front. If he didn't pay this guy up front,
instead pay him as he goes, which is fair, he
wouldn't be in the circumstance. Now, that's exactly right. That's
exactly right. So and Bob, thank you. And what Bob
is saying is true. I had this thing about I

(25:52):
call it amen. I'm not going to go through it,
but I use those letters a M N AMN to
remind you of things, and one of those is education.
When you have something done, you don't have to be
an expert, but you should at least bone up on
the industry for that job. Like what is expected and
what you're going to find is what I call a

(26:13):
thread of truth. As you research, you become smarter on
that topic. Now you may after getting your driveway done
or a walkway, you may never read about it again.
So what but for that job you become a mini expert.
You look at things, so at least you have some knowledge.
Going in as a complete virgin requires too much trust

(26:36):
and the contractors will take advantage of your lack of knowledge. Again,
you don't have to be an expert, but you need
to know. As Bob said, do you need base? Do
you need this? Do you need that? How should it
be formed? When should it be poured? All of that stuff.
You should at least bone up on it a bit.
Now let's talk of the Kachina. Did we have any

(27:00):
trying to get Marco Bendinelli, attorney at law for that
possible malpractice?

Speaker 11 (27:05):
We have not.

Speaker 2 (27:06):
I have reached out to him, and I do have
Dustin's contact information, so okay, so let's try to get
it back on later we can get a hold of them. Correct. Okay,
thank you very much. Now, Bob, as far as this goes,
I'm going to assign this to someone who do we
have in the studio today with with Mark we have

(27:29):
Scholler and Deputy Chopper deputy chopper. What about taking a
stab at this contractor and seeing if he thinks there's
an adjustment that should be made. I mean he obviously Look,
we're never gonna make this situation right, Bob has no
faith in him. I don't blame him, and what he

(27:50):
probably should do is get some kind of an adjustment
if he paid too much. Let's start there, Okay, give
in fact, yeah, and if in fact the guy doesn't agree, uh,
then we take it from there. But let's see if
he will refund some of the money at least three
three seven, one, three eight, two five five. Andrea, what

(28:12):
is your question or your with auto insurance?

Speaker 12 (28:18):
Yes? Can you hear me?

Speaker 2 (28:22):
What's going on? Yes? I can? What's going on with
your auto insurance?

Speaker 12 (28:27):
So on February twentieth, I was at McDonald's and I
was waiting to go through the drive up and I
inadvertently rolled forward and bunched the guy in front of me.
He got really really upset. We pulled off to the
side and I realized that my insurance had lapsed at

(28:52):
midnight that night. I was a little bit behind on
my insurance due to financial constraints, and uh huh. We
ended up calling the police, and they did a police report.

Speaker 2 (29:08):
And wait, wait, wait wait, this was on private property
on McDonald's and they still did a police report. Yes, okay,
go ahead, keep going. So your auto insurance labs. Did
you get a ticket for that?

Speaker 12 (29:23):
I did? I did get it, okay for that? So
then I took a lot of pictures. I had a
witness look at the other vehicle. There. There was no
damage to that vehicle. And now I am basically they
sent me to collections for one thousand and fifty two dollars.

(29:47):
They're saying it I did.

Speaker 2 (29:49):
Okay, that's easy. That that that Andrea, Andrea, I'm going
to tell you something, A bump, okay, or a tap
on a bumper will never be less in one thousand dollars.
You're getting off very cheap. Now, how fast were you
going about two miles an hour?

Speaker 12 (30:08):
I wasn't even going two miles an hour. I just
rolled forward.

Speaker 2 (30:14):
And when you hit his bumper, where did it hit
the bumper in the center or on the left or right?

Speaker 12 (30:19):
Well, it never even hit his bumper. I rolled into
his receiver hitch, which hit my life.

Speaker 2 (30:28):
Oh oh, so wait a minute, So you didn't even
get to the car. You just hit the receiver.

Speaker 12 (30:36):
Right, and I have a perfect indentation of his receiver hit.

Speaker 2 (30:43):
I get you. He then what is he having done
for a thousand What is he having done for one
thousand bucks? What did he say was damage?

Speaker 12 (30:55):
Herein lies the problem. His insurance company refuses to provide
me with the repair bill and proof that the repairs.

Speaker 1 (31:08):
What.

Speaker 12 (31:09):
Yeah, they we absolutely refuse. I've asked over the phone,
I've written them a letter. I've sent them registered certified
mail letters. Now it's come down to they're going to
that's weird my license and the only way, well.

Speaker 2 (31:27):
They don't have the They don't have the power to
suspend your license. The problem is this, the fact that
you did not have insurance is the problem. But that
party can't suspend your license. What they're going for is
what's called reimbursement. And then if the court orders reimbursement
and you don't pay it, then your license can be suspended.

(31:48):
But they don't just go straight to suspending your license.
So has the court ordered you to make reimbursement?

Speaker 12 (31:56):
There hasn't been anything as far as court is related.
But I have a letter from the Colorado Department of
Revenue saying that I have to I had to get
SR twenty two insurance, which I added to right my
insurance if I had insurance within eight hours.

Speaker 13 (32:18):
No, I get it.

Speaker 2 (32:20):
And the state is requiring an SR twenty two that's
very common.

Speaker 12 (32:26):
Right, And they're requiring me to fill out a promisory
note for to pay off the damages. But nobody.

Speaker 2 (32:42):
Ripped you.

Speaker 4 (32:47):
You don't have to shoot?

Speaker 2 (32:54):
Is gonna help?

Speaker 5 (32:55):
Come Dix's The Troubleshooter Show toel Martine.

Speaker 2 (33:03):
Martino, Welcome to the show today. I'm Dan McKenzie with
me from McKenzie Law. Of course, phone calls tape priority.
We'll get to your phone calls. But Dan, I have
a text that's very interesting and it asks here's what
it says. They are positive there was a will involved,
Dan McKenzie. McKenzie Law does a state planning and stuff

(33:23):
like that. They were positive there's a will. The dad
referenced the will. Often they can't find the will. What
do you do in a case like that when you
have four siblings, a dad that passed away, the mother's
already gone, and he referenced a will, talked about a will.
They suspect maybe this one older sibling might have the will,

(33:47):
but he's not disclosing it. But for all intents and purposes,
right now it's missing. Okay, what do you do?

Speaker 14 (33:57):
Yeah, Unfortunately, the court presumes if you're not able to
produce it's the original will, not just a copy the original,
that the reason you can't do it is because it
was destroyed. So and that's possible, right, this guy could
have been talking about it for years.

Speaker 2 (34:08):
So you proceed as what do they call it? Intestine?

Speaker 14 (34:12):
Yes, you could open a probate, say it's a formal probate,
and then ask the court to issue some sort of order.
But I would probably start with a letter to all
the siblings that just explains the statue in Colorado that says,
if you were in custody of a will and you
do not bodge it with the county court within ten days,

(34:32):
you might have a problem on your hands if that
failure to lodge causes someone to lose money that they
would have gotten.

Speaker 2 (34:38):
But so what do you do? Though? So it goes
as if there is no will first, right, since there
is no one?

Speaker 14 (34:43):
I mean, yeah, so that's the question is why, I mean,
who thinks that there was a will that was beneficial
to them.

Speaker 2 (34:49):
They all remember the dad talking, they didn't talk about
the beneficial and again I'm only going by this text,
but they say that they all agree there was a will.
He mentioned the will, but they can't find the will.

Speaker 14 (35:00):
I mean, I guess the Really the first question is
is there a probatable estate here? What did he have?
Did he have real estate? Did he have eighty six
thousand dollars with ye?

Speaker 2 (35:07):
And I don't know that part, but let's assume he
had a big estate or a medium estate and it
needed to go through probate. But they can't find the will.
Is there a such thing as a temporary settlement? And
then they readjusted, did they find the will?

Speaker 1 (35:21):
Yeah?

Speaker 14 (35:22):
I mean, I proceed in testate and see what you know?
We just go through that process, and then, like I said,
notify everybody who might have custody of a will that, hey,
you know, look for this.

Speaker 2 (35:32):
Is there a penalty for not bringing forth a will.

Speaker 15 (35:34):
If it damages somebody?

Speaker 14 (35:35):
It's kind of back to our med male discussion, right, right,
you can have all these bad.

Speaker 15 (35:39):
Things happen, but if there's no damages, it doesn't really.

Speaker 2 (35:41):
Okay, So okay, let's say they settle things, and later
on a will is discovered, can you actually go to
court and have things readjusted?

Speaker 14 (35:49):
I mean obviously it's hard. Yes, sure, but you know,
is the money already spent?

Speaker 2 (35:55):
Right, so there's nothing you can do in most if
the practical well, the practical answer is you can do it,
but you may never get paid. That's always a problem
with medication. Yeah, that's the problem. And so people, here's
the biggest problem I have found with the states that
they can't put their hands on a will readily or

(36:17):
the person who has the will. Other people don't trust
that the will is valid. So if I were you,
I would make copies. I don't know. Maybe this is
bad advice, Dan, I was saying, have each air have
a copy of the will? Is that a bad idea
or a good idea?

Speaker 14 (36:33):
I mean the problem is you just have to remember
who you gave it to and if there are changes,
I mean that creates issues. Right if some people have
inconsistent copies, it's going to be a problem. So you
just create potentially a hassle if you want to update things.

Speaker 2 (36:45):
And then the original will is what takes precedent? Right, Yes,
how do you tell if something's original? Do you market original?

Speaker 14 (36:53):
I mean, that's why we try and sign things in
color and stuff like that.

Speaker 2 (36:57):
Okay, okay, get better? And do you need notary for
those signed signatures?

Speaker 14 (37:01):
So technically under Colorado, so you either do with two
witnesses or a notary. I will tell you that Denver
Probate Court, if one of those is missing, they're going
to make you go through the formal process. So for us,
we always do both two witnesses and a notary.

Speaker 2 (37:16):
Oh, do both? So you do two witnesses plus a notary. Yeah,
so you're having three witnesses to this signature basically.

Speaker 1 (37:23):
Yeah.

Speaker 2 (37:23):
All right, let's talk to Darryl and Nancy. Hello, Daryl
and Nancy, whoever wants to take it, take it? What's
going on?

Speaker 1 (37:31):
All right? This is Darryl my wife.

Speaker 11 (37:34):
Yes, for information more than anything else. We're well into
our retirement. We're living in a house that we like
very much, but as the costs are going up and
as our income is going down, we're getting into some.

Speaker 1 (37:53):
Some things that we want to look at.

Speaker 11 (37:55):
And we've looked at things like second mortgages and reverse
mortgages and maybe selling the house and downsizing, and we're
struggling as to what to do and where to go
first advice. We've talked to a couple of different mortgage companies,
both for second mortgage and reverse mortgage, and obviously they're

(38:18):
trying to sell something some time ago, a month or
so ago.

Speaker 2 (38:22):
Okay, Darryl, Darryl, I have a few questions for you, Daryl,
I have a few questions for you. How old are you?
How old are you and your wife?

Speaker 11 (38:31):
We're in our middle to late eighties.

Speaker 1 (38:34):
Late eighties.

Speaker 2 (38:35):
Okay. Now what I want to know is how is
your house paid for?

Speaker 1 (38:41):
No, it's not.

Speaker 11 (38:42):
We were we were about halfway through the payments on it.

Speaker 2 (38:48):
Well, I don't know what that means. So how much
is owed on the house? Well?

Speaker 11 (38:53):
We all you know, just under half a million and
the house is worth over nine hundred times.

Speaker 2 (39:02):
Okay, so you have about four hundred thousand inequity. Yeah, yeah, okay.
And you're thinking about a reverse loan and that's not
a bad situation for your age. I would not get
a second loan. They're not set up for what you

(39:22):
want to do. If you do, you need money right now?
Is that what you're looking for? Are you looking for income?

Speaker 11 (39:30):
Not so much well, I guess the answer would the
yes to some extent, or to cover some of the
bills and stuff that we've accummunated. If we got rid
of those, then we'd probably not have to.

Speaker 2 (39:43):
What kind of bills? What kind of bills have you accumulated?

Speaker 11 (39:47):
Oh, mostly credit card over time?

Speaker 2 (39:51):
How much do you have in credit card debt?

Speaker 11 (39:55):
Well, I guess more than I'd like to admit, I'm
not sure I want to.

Speaker 2 (39:59):
Well, here how much? I mean, I'm trying to get
a snapshot here about how much do you have in
credit card debt?

Speaker 1 (40:07):
Twenty five to thirty thousand?

Speaker 2 (40:11):
Okay, And here's the most important question. Do you have
to go to your credit cards every month in order
to make your bills? Are you depending on credit like
a second income? Or can you pay your bills? Let's
say you got rid of the credit card debt. Could
you pay all of your bills on your existing income?

Speaker 1 (40:36):
I think so yes, I think yeah.

Speaker 2 (40:39):
Okay, what is your income?

Speaker 1 (40:42):
Well, it's just so security and.

Speaker 11 (40:46):
We both have Social Security.

Speaker 2 (40:50):
Do you guys have any investment accounts?

Speaker 11 (40:54):
No, that's that's the issue. My investment account has finally
run out, and that's why we're starting to get to
a bund.

Speaker 2 (41:02):
Yep, yep, yep. And then do you have any savings
of any kind?

Speaker 1 (41:08):
Yeah, yes we do, Yeah, yes we do.

Speaker 16 (41:11):
How much in savings about two hundred thousand and we're
trying not to go into Okay.

Speaker 2 (41:20):
No, and I understand that completely. Now, what I think
if you were my parents, or my brother or sister
or whatever, here's what I would suggest. And I'm going
to go to our expert on the line on reverse loans.
But because you're in your mid eighties and you have
a home with about four hundred thousand dollars in equity,

(41:43):
you would be able to get a good line of
credit that could accrue on your house. You never have
to make a payment, you never have to leave your home,
and you can use the line of credit when you
need it. You don't have to. It's not forced on you.
It's there for emergencies. But what I would suggest is

(42:03):
that what you do is that you use your income
and you pay off your monthly bills and not use
credit cards anymore, but use this line of credit instead.
Now I'm going to bring up a John Clase. John
is with is with CMG Mortgage. Now that's a mortgage banker.

(42:27):
They are the ones that do the actual loans and
he works for them and it's direct lending. And John,
you guys do reverse loans, is that right?

Speaker 1 (42:37):
We do. We do a lot of reverse loans. We
do help people out. And you said, you're now.

Speaker 2 (42:42):
Don't you think they're in a good position? You think
they're in a good position.

Speaker 1 (42:48):
I ran some of the numbers just kind of why
we're on the phone, and at eighty four, So basically,
what is your monthly mortgage paying right now? I mean,
what do you what is what is that about your
current twenty eight p I T? I wow, these numbers?
The house is worth nine hundred and you'll five a

(43:09):
reverse mortgage you're gonna be able to but you're gonna
be it's really just gonna pay that mortgage off. You're
not gonna get much more than that, okay in.

Speaker 2 (43:17):
This okay, but that that'll do him some good because
he doesn't have to make another payment.

Speaker 1 (43:24):
Correct, And that's tax free, you know, it's tax free.
But he gets rid of that payment and that can
help get rid of all your other debts and loosen
up your lifestyle. But yes, that's.

Speaker 2 (43:34):
Do you think do you think he can squeeze. Do
you think he can squeeze enough out to pay off
his loan and then maybe have some to pay off
the credit card or do you think he's right on
that limit there?

Speaker 1 (43:47):
Well, he wouldn't tell us what his credit card is,
but i'd say paid that off and maybe squeeze out
about another thirty thousand or so. So I'm not sure
where he is.

Speaker 2 (43:55):
That's what he's talking about. He was talking about thirty
thousand so so, Daryl, what we're talking about is this.
If you use your home and get a reverse loan,
it does away with your first deed of trust or
your first mortgage. It does away with it. It's gone.
So now you save twenty eight hundred dollars a month.
Right there? You saved two eight hundred dollars, didn't you

(44:17):
say your payment was twenty eight hundred.

Speaker 7 (44:20):
Yeah, but he still has insurance and taxes which are
probably eight hundred to twelve hundred of that easily.

Speaker 15 (44:28):
From you.

Speaker 2 (44:32):
Yeah, that's gonna be. That's what I thought it's not
going to be. Yeah, So here, but think about this, Darryl.
If you were able to get that mortgage done, you
don't have to pay on it and all you have
to pay are taxes and insurance, and then he can
enough out to pay off those credit cards. You'd be
in a good position. You'd be in your home free

(44:54):
and clear for all practical purposes. I mean free and
clear is actually eating up your equity. But you can
stay there the rest of your life. But what happens
We got to take a break, and I want to
know what happens when you have two people who do
you qualify with? And will one have to move when
the other one dies? We'll talk about that and more
coming right up on the Troubleshooter Show. Hey, I'm Tom Martino.

(45:21):
You know, reverse loans are a very useful tool. They
really are. You know, they're not for everyone, just like
any financial instrument. It depends on your situation. But when
you have equity sitting there and you're in your mid
eighties now, John Clace, does that open them up for
about forty percent of the Like the older you get,

(45:44):
the more equity you can take. So let's say you
have a house that's paid for. You have a house
that's paid for and it's worth eight hundred thousand dollars.
How much what is the most you'll ever get of
that equity fifty percent.

Speaker 1 (46:01):
Yeah, you know, fifties, some programs fifty five by top
if you're up there in the eighties.

Speaker 2 (46:06):
You know, eighties, but you got to be you got
to be in your mid to high eighties, right to
get that much, you have to be to your mid
to high eighties. Okay, So someone who is bright, Tom, Yeah, no, no,
I'm listening. Tell me the different categories.

Speaker 1 (46:25):
Well, yeah, so somebody in their sixties, you know, you're
going to be looking at thirty eight forty percent. You
go there. Once you get up towards the high sixties,
early seventies, it's about forty five percent, and then once
you get you know, to that eighty mark, you can
start looking at that forty five fifty fifty percent mark.

Speaker 2 (46:43):
So, so what you were saying about, what were you're
saying about Darryl and Nancy is if they're in their
mid eighties and their house is worth about nine hundred,
the most they're ever going to get is about four fifty.

Speaker 1 (46:56):
Well you migrate the numbers actually with them being eighty four. Wife,
we were on the phone and it came out. It's
one of the proprietary products came out where we could
get him about five hundred and thirty thousand dollars out
of it.

Speaker 2 (47:08):
So, oh, that's excellent. So if they get five hundred
and thirty yep, and they can pay off their credit
cards exactly.

Speaker 1 (47:17):
So yeah, that was and that's kind of our Max.
It's called our max product that that does that done
on some of that, you know, reverses are interesting. I
talked to guy the other day. He called me from
your show and he's he's sixty one, and he's like, well,
I don't know if it will work, but we have
they'll actually go down to age fifty five these days
with some of these products, you know type deal.

Speaker 2 (47:41):
Again, the idea is the older, the more you get,
and you have to pay off your first with a
reverse loan. So whatever your first is, that gets paid first,
and then after that, after paying your mortgage off, if
there's any cash left over, you can take that cash.
What I recommend in a line of credit, which means

(48:04):
you don't have to take it unless you need it,
and when you need it, you can write yourself a
check and you can even pay your taxes and insurance
out of it, right.

Speaker 13 (48:17):
You can't.

Speaker 1 (48:17):
Yeah, another thing people don't realize unreversed mortgages. If you
feel like it, you can always make a mortgage payment
the same like a first and it just stops growing.

Speaker 2 (48:27):
Right, of course you can, You're right, John, People don't.
People don't often think about that. But really, if you're
in Darryl and Nancy's position, why would you make a payment?
I mean, I know a lot of parents bend over
backwards to try to preserve their equity for their kids,
and I say, the hell with your kids. If you've
worked your life, you worked your whole life, you don't

(48:50):
have to preserve your equity. You can live off of it.
What I want to ask Darryl or Nancy, do you
have any questions for John? Because we would refer you
to him. He'll take good care of you. You you'd
be able to pay off your first save that twenty
eight hundred dollars a month, plus pay off your credit cards.
I mean, think about how much money you would have

(49:11):
every month if you didn't have to pay a mortgage
and you didn't have to pay for the credit cards.
Think about that?

Speaker 1 (49:19):
Well that certainly do you have any questions? I guess yeah,
the question I have.

Speaker 11 (49:24):
The other question I have is would it makes sense
to take some money out of our savings to pay
off some of the debt.

Speaker 2 (49:32):
Well, that's a personal choice. I always say this. If
your savings are sitting there making two and three percent
and you're paying out monthly on high interest of fourteen
to eighteen to twenty five percent, of course it pays
because for every dime you pay off, you're saving that interest.

(49:53):
That's why I always say, if you're looking to build
financial wealth or health, what you need is to get
rid of high interest debt. And right now you have
thirty or forty thousand, or twenty or thirty thousand, whatever
it is, it's too much. How much do your credit
card payments come to every month?

Speaker 11 (50:16):
Oh somewhere around twelve fourteen hundred dollars.

Speaker 2 (50:21):
Yeah, well think about change.

Speaker 7 (50:22):
If you took that thirty thousand paid off those credit cards,
you have the reverse mortgage, you're gonna be basically making
twenty four thousand dollars more a year.

Speaker 2 (50:32):
In cash flow. And by the way, I do want
to say, Marky, you, Darryl, they're gonna save Mark, They're
gonna save forty two hundred dollars a month, four thousand,
two hundred dollars a month.

Speaker 1 (50:42):
Yeah.

Speaker 7 (50:43):
And the other thing, though, Daryl and Nancy, is if
you are truly just in a savings account, that's kind
of crazy. If you want to keep it liquid, that's great.
But there's different there's different vehicles out there through Schwab
or even through Wave eight or somewhere where where they
can invest at and easily make you five percent and
it's liquid the next day, the next day.

Speaker 2 (51:05):
Yes, yes, yes, so you got you got yes. I
think what you first look at first is you talk
to John Clays about a reverse loan. I'm really serious.
Now listen to this. Once you pay off your mortgage
and you're saving that twenty eight hundred dollars a month,
now you can decide how do I want to pay

(51:26):
those credit cards? Do I want to take it out
of savings or do I want to take it from
my line of credit. I personally would not touch my
savings except for what Mark said, maybe put it in
you know, nothing risky, but put it in something that
can at least grow better than a savings account. And
there are even a money market or a CD. But

(51:48):
what I would definitely do is talk to John Partner
in lending dot com about a reverse loan, no doubt
in my mind, no doubt in my mind. And how long?
I'm just curious. How long have you guys been married?

Speaker 1 (52:05):
Fifty nine years?

Speaker 2 (52:07):
Wow? Congratulately. Crap. What's the secret, I'm Jack Dan. The
secret is knowing when you're wrong, which is most of
the time, and your wife is always right. That's right

(52:28):
if you keep that in mind. I have a I
have a shirt that says, if at first you don't succeed,
do what Stephanie told you to do to begin with,
and so you ought to get a shirt like that
with Nancy on it. Yep, thank you very much for calling,
and John Clay, I really appreciate this. And you talk

(52:50):
about reverse loans and what I'm confused about something not
confused in a bad way, but I'm glad to hear
there are more offerings if you can hold on. I
want to ask about some of these so called proprietary
products or different kinds of loans. I thought they were
all government backs, to excuse me, reverse loans, and you

(53:12):
talked about private loans. I want to talk about that
right after this. I'm Tom Martino three O three seven
one three eight two five five waterpros Dot net. You
need to start thinking about drinking water. There is no
safe drinking water when it really comes down to forever chemicals,
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your home from water Pros, great people. The lowest prices

(53:34):
on the best systems thirty nine to ninety five will
get you everything in your home for your water. That's
Waterpros dot net three three eight six two five five
five four. I'm Martino, your troubleshooter three three seven one
three talk seven one three eight two five five. Can

(53:55):
you guess what I'm doing when I'm off the air here? No,
you can't anyway. By the way, Tom, I think you
gave some wrong information to that woman who said was
it a woman or a guy? The restitution ordered to
pay restitution and she was ordered to pay restitution for
an accident in a parking lot. And he said she
can ask for a restitution hearing. And the only reason

(54:15):
that the amount was assessed is because the other party
was asking for it. If she signs a promisory note,
she's admitting and agreeing to it. But she can ask
for a hearing on that to determine restitution. Now let's
go back to Johnclacepartner in lending dot Com, which is
CMG Mortgage. Talking about reverse loans, John, you talked about

(54:37):
different kinds of reverse loans. At one time, all reverse
loans came from government guarantees. Is that right?

Speaker 1 (54:45):
Yeah, so they did. They used to be called the
HACKEM warns them back by f A K. But they're
all federally guaranteed. And since in the last few years,
they've come out a lot of come out with proprietary
products with her which still have the same protections as
all the government loans. It's just you know, you got
the private lenders, private equity groups putting it together on

(55:06):
these loans.

Speaker 2 (55:07):
So how do they differ? Give me an idea of
how they differ.

Speaker 1 (55:12):
Okay, so for example, there's quite a few states in
Colorado is one of them. Not all states that they allow.
They'll allow reverse mortgages down to age fifty five. Now,
obviously you're going to have some equity. Probably won't work
quite you know as well there, but you can do
it down to age fifty five in Colorado. Now thecker
yet the HACKM FHA you still have to be sixty two.

(55:35):
And then another great product they've come out with is
what they call a they call a home safe second,
which is for people, and that goes down age fifty
five also, but if you if you have you know,
if you've got a five hundred thousand dollars house and
you only have like a fifty thousand mortgage at two percent,
you don't want to get rid of that rate, Well
they can actually now you can do a second mortgage,

(55:58):
reverse mortgage. Second, that could off all your credit card
debts and all that debts, and that'll go up to
about forty five loan to value on something like that.
But so those are some of the wow. The other
products is both people don't have to be sixty two anymore.
You do work off the younger bars age as far

(56:18):
as doing the calculations for the money out. But so yeah,
there's a lot a lot of openings as far as
that goes as far as the age limits.

Speaker 2 (56:28):
So in this couple, let's say one of them's eighty six,
one of them is eighty two, they get the reverse loan.
Do you get it in both names so the other
one doesn't have to be displaced?

Speaker 17 (56:42):
Yeah, well, you no matter what, if they're living in
the house, they have to be You have to to
put that up there, and yes you can't.

Speaker 1 (56:50):
You still can't take a spouse off. So you can
take her you know, she can be what they call them.

Speaker 2 (56:56):
Non okay, So she was so, So if you're a
if you're an older guy, if you're an older guy
and you're living with a younger woman, you can't get
a reverse loan if she does not qualify.

Speaker 1 (57:11):
Well, right, but she most likely they qualified a pretty
young age. But I mean thirty nine. But then they're
going to limit to what you have. But you know,
if you're seventy five and you have a spouse that's
forty five and you got a million dollar house, yeah,
they're going to still give you a reverse and she's
gonna still be protected because it's going to be based
off of her age.

Speaker 2 (57:31):
The money is that they give, Okay, but it would
severely limit the amount of money you can get because
of the younger spouse.

Speaker 1 (57:40):
That is correct.

Speaker 2 (57:42):
So when the older so let me get this straight.
If if an older spouse and a younger spouse, they
get a loan and they have it the loan and
the older spouse dies, the younger spouse can still live
there and still continue yep, and that's a big.

Speaker 1 (57:59):
Okay they made Yeah. Yeah, and they won't let if
you're married, like, they won't let you only do the
loan under your name. If you're married, that's okay, Dot,
you can't do that.

Speaker 3 (58:10):
Yeah.

Speaker 2 (58:11):
What about living? You know, nowadays people people are really creative.
What about living in the same household? Does that count?

Speaker 11 (58:21):
Uh?

Speaker 1 (58:21):
What we do about that is if they're not married,
we do a calculation on how many people live in
that household, and then you have to have some residual
income to qualify for that. So the more people, you know,
typically reverses. You don't have to show a lot of income.
Social Security will work. But if you have like you know,
you know, a cousin or aunt and sister, they do

(58:45):
a calculation on how much residual income you have to have,
so you couldn't do a no income loan.

Speaker 2 (58:51):
Leftover, what about grandparents? What about grandparents that might have
a minor or might have a young dependent.

Speaker 1 (59:00):
You know, they can't protect that dependent as far as
the long as they can live on that. But it
just really what it does is it takes into effect
of how much they'd have to show in residual income.
Every month. But then when normally though, when the parents

(59:22):
passed away, they would give that person basically a year
to either refinance or sell the house to pay that
up rivers mortgage.

Speaker 2 (59:29):
Okay, all right, Now, on a normal circumstance though, with
a reverse loan, if they want to leave or they
want to sell, it's like any other sale. It's like
any other moving. You pay off the loan.

Speaker 1 (59:46):
Correct, Yeah, just just like a regular mortgage. You got
you know what your b house do and then you
keep all the equity in it. And that's what people forget.

Speaker 2 (59:53):
And if for some reason, if for some reason, the
house went down in value, then you would have you
can just walk away. Is that right.

Speaker 1 (01:00:03):
It's non recourse, which is nice. And yeah, it's non recourse,
so theirs, whoever they left the house to, can always
walk away. And now they also always offer the house
out a ninety five percent value of what is owed
if they want to buy it, you know, buy it
out because that makes fifty old house. Yeah, that's what
they want to do.

Speaker 2 (01:00:22):
Whatever, that's really good the house? Yeah yeah, okay, real
quick here, I had a text while we were talking.
How would buying a home with a reverse loan work?
How does that work?

Speaker 1 (01:00:35):
It would be very very similar to the age. But
say say you're reversed and say you qualify for that
you're at like they're aged about eighty four. Well, there,
you're going to have to put down about forty five
percent of the purchase price and then you can get
a loan for the additional fifty five percent and then
works just like a reverse and never have a mortgage payment.
So like if you're sixty five and you want to

(01:00:57):
do this with a reverse mortgage, you'd have to probably
put down sixty percent of the value of the house.
So you know, if you have one hundred thousand, you
know you have and then you get along for the
uh for the forty percent.

Speaker 2 (01:01:08):
Yeah, well, thank you very much. I really appreciate this, John,
and it's Partner in Lending. Thank you, bro, Thank you.
Partner in Lending dot com leit or three oh three
seven one three talk seven one three eight two five five.

(01:01:29):
This is odd. We have two problems back to back
with garage doors. Let's go to Kent first, Kent, talk
to me about your garage door issue. What's going on
with you.

Speaker 9 (01:01:40):
I take care of the house for my brother in
law and fort Collins. He lives in Tucson. On I
requested an a price to replace the garage door which
was damaged by a tenant, and called Front Range Rainer

(01:02:04):
and requested it. They shot me back a price, and.

Speaker 2 (01:02:11):
Then did you need to replace the whole door?

Speaker 8 (01:02:15):
No, just two or three panels? But at some point
if it's three panels or more, they just say, you know,
it's better to just replace the whole door. But they
thought two panels would probably do it. But I ended

(01:02:37):
up getting a bill for one hundred and sixty six
forty one for adjustments that they made while they were
there lubrication, they adjusted springs and stuff.

Speaker 9 (01:02:52):
Like that, which I did not request.

Speaker 2 (01:02:57):
Okay, let me ask you a couple of questions. This
is very interesting. What did you request? What brought them
out to your home?

Speaker 9 (01:03:06):
I needed a price to to replace or repair the
garage door?

Speaker 2 (01:03:14):
And was when you did you? Did you do this
online or by did you do this online or by
the phone?

Speaker 9 (01:03:22):
By phone?

Speaker 2 (01:03:24):
And and I think what happened was and I know
a lot of places have this, including one Clear Choice
garage Doors, which I love. They're my there, my go
to company, but they have I don't think one Clear
Choice Doors goes out to a home to check out
doors free. I think they have an inspection fee and

(01:03:47):
included in that is adjustments and lubrication and all of that. Now,
if you want a new door, maybe they go out
and look. I don't know. I really don't know this,
but I think what happened is you pro probably called
and they put you down for their basic maintenance. That's
probably what happened. But do they have normally they record

(01:04:09):
these calls. Did you call them and say, look, I
never requested the service.

Speaker 9 (01:04:15):
Yes, I've contacted them twice and they said that I
requested service, and I.

Speaker 2 (01:04:25):
Said, okay, do they have the.

Speaker 9 (01:04:30):
No, they do not record the calls.

Speaker 2 (01:04:32):
She said, But well, you're right, why would you call
if you're thinking about replacing it? Why would you call
for a service?

Speaker 9 (01:04:43):
Exactly? That's what I asked her, and she had no response.

Speaker 2 (01:04:49):
By the way, let me ask you something, how is
the door operating now that they did that?

Speaker 9 (01:04:56):
The door has always been fine? I mean I didn't yeah,
and the damage to the front, the damage to the
door was just cosmetic.

Speaker 1 (01:05:08):
It was just you know, minor.

Speaker 2 (01:05:12):
So you don't notice it. You don't notice the door
operating any better now than before.

Speaker 5 (01:05:18):
No, you know, I.

Speaker 2 (01:05:22):
Wouldn't pay it. If I didn't request a service, I
wouldn't pay it. I would make them prove that I
asked for it. The problem is it's going to get
a little messy, don't you think, Mark, I think that
they're going to do a lean or something. It could
get messble. What was the name of the company, Rainer,
I believe you said, right, brainer, Yeah, Okay, hold on

(01:05:45):
a second. Let's give them a call and let's see
if we can get their comment on this. One of
the deputies, their deputy Dollar. Let's give them a call.
I'm Tom Martinez. We have more coming up on The
Troubleshooter Show. Stay tuned for problems, questions and complaints. Ripped

(01:06:07):
off need so you don't have.

Speaker 1 (01:06:14):
Come running.

Speaker 13 (01:06:15):
Just as fast as we can.

Speaker 4 (01:06:17):
Shooter's gonna help come man Dix.

Speaker 5 (01:06:22):
Is the Troubleshooter Show.

Speaker 2 (01:06:24):
No, Tom Martino, Martino, Welcome to the show today. I'm
Dan McKenzie with me from McKenzie Law. Of course, phone
calls take priority. We'll get to your phone calls. But Dan,
I have a text that's very interesting and it asks
here's what it says. They are positive there was a
will involved. Dan McKenzie. McKenzie Law does a state planning

(01:06:47):
and stuff like that. They were positive there's a will,
the dad referenced the will. Often they can't find the will.
What do you do in a case like that when
you have four siblings, a dad that passed away, the
mother's already gone, and he referenced a will, talked about
a will. They suspect maybe this one older sibling might

(01:07:10):
have the will, but he's not disclosing it. But for
all intents and purposes, right now it's missing. Okay, what
do you do?

Speaker 1 (01:07:21):
Yeah?

Speaker 14 (01:07:21):
Unfortunately, the court presumes if you're not able to produce
the original will, not just a copy of the original,
that the reason you can't do it is because it
was destroyed. So and that's possible, right, this guy could
have been talking about it for years.

Speaker 2 (01:07:32):
Should you proceed as what do they call it? Intestine?

Speaker 14 (01:07:36):
Yes, you could open a probate, say it's a formal probate,
and then ask the.

Speaker 15 (01:07:42):
Court to issue some sort of order.

Speaker 14 (01:07:44):
But I would probably start with a letter to all
the siblings that just explains the statue in Colorado that says,
if you are in custody of a will and you
do not bodget with the county court within ten days,
you might have a problem on your hands if that
failure to lie causes someone to lose money that they
would have gotten.

Speaker 2 (01:08:02):
But so what do you do? Though? So it goes
as if there is no will first, right, since there
is no one?

Speaker 14 (01:08:07):
I mean, yeah, So that's the question is why, I mean,
who thinks that there was a will that was beneficial
to them?

Speaker 2 (01:08:13):
They all remember the dad talking, they didn't talk about
the beneficial and again I'm only going by this text,
but they say that they all agree there was a will.
He mentioned the will, but they can't find the will.

Speaker 14 (01:08:24):
I mean, I guess the really the first question is
is there a probatable estate here?

Speaker 2 (01:08:28):
What did he have?

Speaker 15 (01:08:29):
Did he have real estate? Did he have eighty six
thousand dollars with?

Speaker 1 (01:08:31):
Yeah?

Speaker 2 (01:08:32):
And I don't know that part, but let's assume he
had a big estate or a medium estate and he
needed to go through probate. But they can't find the will.
Is there a such thing as a temporary settlement? And
then they readjusted if they find the will, yeah.

Speaker 14 (01:08:46):
I mean, I proceed in testate and see what you know?
We just go through that process, and then, like I said,
notify everybody who might have custody of a will that, hey,
you know, look for this.

Speaker 2 (01:08:56):
Is there a penalty for not bringing forth a.

Speaker 15 (01:08:58):
Will if it damages somebody?

Speaker 14 (01:09:00):
Kind of back to our med mail discussion, right, right,
you can have all these bad things, but if there's
no damages, it doesn't really make okay.

Speaker 2 (01:09:06):
So okay, let's say they settle things and later on
a will is discovered. Can you actually go to court
and have things readjusted?

Speaker 15 (01:09:14):
I mean obviously it's hard.

Speaker 14 (01:09:16):
Yes, sure, but you know, is the money already spent right.

Speaker 2 (01:09:20):
Around, so there's nothing you can do in most the
practical the practical answer is you can do it, but
you may never get paid.

Speaker 15 (01:09:29):
That's always a problem with medication.

Speaker 2 (01:09:31):
Yeah, that's the problem. And so people, here's the biggest
problem I have found with the states, that they can't
put their hands on a will readily or the person
who has the will. Other people don't trust that the
will is valid. So if I were you, I would
make copies. I don't know, maybe this is bad advice. Dan,

(01:09:52):
I was saying, have each air have a copy of
the will? Is that a bad idea? Or a good idea.

Speaker 14 (01:09:58):
I mean, the problem is you just have to remember
who you gave it to and if there are changes,
I mean that creates issues. Right, if some people have
inconsistent copies, it's going to be a problem. So you
just create potentially a hassle if you want to update things.

Speaker 2 (01:10:10):
And then the original will is what takes precedent. Right, Yes,
how do you tell if something's original? Do you market original?

Speaker 14 (01:10:17):
I mean that's why we try and sign things in
color and stuff like that.

Speaker 2 (01:10:21):
Okay, okay, I'm getting better round And do you need
notaries for those signed signatures?

Speaker 14 (01:10:26):
So technically under Colorado, so you either do with two
witnesses or a notary. I will tell you that Denver
Probate Court, if one of those is missing, they're going
to make you go through the formal process. So for us,
we always do both two witnesses and a notary.

Speaker 2 (01:10:41):
Oh, do both? So you do two witnesses plus a notary. Yeah,
so you're having three witnesses to this signature basically. Yeah,
all right, let's talk to Darryl and Nancy. Hello, Daryl
and Nancy, whoever wants to take it? Take it? What's
going on?

Speaker 1 (01:10:55):
All right?

Speaker 11 (01:10:56):
This is Darryl, my wife, Yes, for information more than
anything else. We're well into our retirement. We're living in
a house that we like very much, but as the
costs are going up and as our income is going down,
we're getting into some things that we want to look at.

(01:11:19):
And we looked at things like second mortgages and reverse
mortgages and maybe selling the house and downsizing, and we're
struggling as to what to do and where to go
first advice. We've talked to a couple of different mortgage companies,
both for second mortgage and reverse mortgage, and obviously they're

(01:11:42):
trying to sell something.

Speaker 1 (01:11:45):
Some time ago, a month or so ago.

Speaker 2 (01:11:47):
Okay, Darryl, Darryl, I have a few questions for you. Darryl,
I have a few questions for you. How old are you?
How old are you and your wife?

Speaker 11 (01:11:56):
We're in our middle to late eighties, late eighties.

Speaker 5 (01:12:00):
Okay.

Speaker 2 (01:12:00):
Now what I want to know is how is your
house paid for?

Speaker 11 (01:12:05):
No, it's not we or we we're about halfway through
the payments on it.

Speaker 2 (01:12:12):
Well I don't know what that means. So how much
is owed on the house?

Speaker 11 (01:12:17):
But we all, you know, just under a half a
million of them and the house is worth over nine
hundred thousand.

Speaker 2 (01:12:26):
Okay, so you have about four hundred thousand inequity. Yeah, yeah, okay,
And you're thinking about a reverse loan, and that's not
a bad situation for your age. I would not get
a second loan. They're not set up for what you

(01:12:46):
want to do. If you do, you need money right now?
Is that what you're looking for? Are you looking for income?

Speaker 1 (01:12:55):
Not so much?

Speaker 11 (01:12:56):
Well, I guess the answer with the yes to some extent,
or to cover some of the bills and stuff that
we've accummunated. If we got rid of those, then we'd
probably not have.

Speaker 2 (01:13:06):
To What kind of bills? What kind of bills have
you accumulated?

Speaker 1 (01:13:12):
Oh, mostly credit card over time?

Speaker 2 (01:13:15):
How much do you have in credit card debt?

Speaker 11 (01:13:19):
Well, I guess more than I'd like to admit. I'm
not sure I want to.

Speaker 2 (01:13:23):
Well here how much? I mean, I'm trying to get
a snapshot here about how much do you have in
credit card debt?

Speaker 1 (01:13:32):
Twenty five to thirty thousand?

Speaker 2 (01:13:35):
Okay? And here's the most important question. Do you have
to go to your credit cards every month in order
to make your bills? Are you depending on credit like
a second income or can you pay your bills? Let's
say you got rid of the credit card debt, could
you pay all of your bills on your existing income?

Speaker 1 (01:14:00):
I think so yes, Okay, what is your income?

Speaker 11 (01:14:06):
Well, it's just so security and we both have Social Security.

Speaker 2 (01:14:14):
Do you guys have any investment accounts?

Speaker 1 (01:14:19):
No, that's that's the issue. My investment account has finally.

Speaker 11 (01:14:22):
Run out, and that's why we're starting to get into
a mind.

Speaker 2 (01:14:26):
Yep, yep, yep. And then do you have any savings
of any kind?

Speaker 1 (01:14:32):
Yeah, yes, we do, Yes, we do.

Speaker 16 (01:14:35):
How much in savings about two hundred thousand And we're
trying not to go.

Speaker 2 (01:14:42):
Into no, and I understand that completely. Now what I
think if you were my parents, or my brother or
sister or whatever, here's what I would suggest. And I'm
going to go to our expert on the line on
reverse loans. But because you're in your mid eighties and
you have a home with about four hundred thousand dollars

(01:15:06):
in equity, you would be able to get a good
line of credit that could accrue on your house. You
never have to make a payment, you never have to
leave your home, and you can use the line of
credit when you need it. You don't have to. It's
not forced on you. It's there for emergencies. But what
I would suggest is that what you do is that

(01:15:29):
you use your income and you pay off your monthly
bills and not use credit cards anymore, but use this
line of credit instead. Now I'm going to bring up
a John Clase. John is with CMG Mortgage. Now that's

(01:15:50):
a mortgage banker. They are the ones that do the
actual loans and he works for them, and it's direct lending.
And John, you guys do reverse loans? Is that right?

Speaker 11 (01:16:01):
We do.

Speaker 1 (01:16:02):
We do a lot of reverse loans. We do help
people out. And you said, you're.

Speaker 2 (01:16:07):
Don't you think they're in a good position. You think
they're in a good position.

Speaker 1 (01:16:12):
I ran some of the numbers just kind of while
we're on the phone, and at eighty four, so basically,
what is your monthly mortgage payment right now? I mean,
what what do you? What is what is that about?
You're current twenty eight p I T. I wow, these numbers.
The house is worth nine hundred and you'll five a

(01:16:34):
reverse mortgage. You're going to be able to but you're
going to be it's really just going to pay that
mortgage off. You're not going to get much more than that,
okay in this.

Speaker 2 (01:16:42):
Okay, but that that'll do him some good because he
doesn't have to make another payment, correct.

Speaker 1 (01:16:48):
And that's tax free, you know, it's tax free. But
he gets rid of that payment and that can help
get rid of all your other debts and loosen up
your lifestyle. But yes, that's do you think you do.

Speaker 2 (01:16:59):
You think he can squeeze Do you think he can
squeeze enough out to pay off his loan and then
maybe have some to pay off the credit card? Or
do you think he's right on that limit there?

Speaker 1 (01:17:11):
Well, he wouldn't tell us what his credit card is,
but i'd say paid that off and maybe squeeze out
about another thirty thousand or so.

Speaker 2 (01:17:18):
So I'm not sure what that's what he's talking about.
He was talking about thirty thousand. So, Daryl, what we're
talking about is this, if you use your home and
get a reverse loan, it does away with your first
deed of trust or your first mortgage. It does away
with it. It's gone. So now you save twenty eight
hundred dollars a month. Right there? You saved two eight

(01:17:41):
hundred dollars. Didn't you say your payment was twenty eight hundred.

Speaker 7 (01:17:44):
Yeah, but he still has insurance and taxes which are
probably eight hundred to twelve hundred of that easily.

Speaker 1 (01:17:52):
From you're wrong sevent.

Speaker 2 (01:17:57):
Yeah, that's gonna That's what I thought. It's not going
to be. Yeah, so here, but think about this, Daryl.
If you were able to get that mortgage done, you
don't have to pay on it, and all you have
to pay are taxes and insurance, and then he can
it's enough out to pay off those credit cards. You'd
be in a good position. You'd be in your home,

(01:18:18):
free and clear for all practical purposes. I mean free
and clear. It's actually eating up your equity, but you
can stay there the rest of your life. But what
happens We got to take a break, and I want
to know what happens when you have two people who
do you qualify with? And will one have to move
when the other one dies. We'll talk about that and
more coming right up on the Troubleshooter Show. I'm Tom Martino.

(01:18:45):
You know, reverse loans are a very useful tool. They
really are. You know, they're not for everyone, just like
any financial instrument, it depends on your situation. But when
you have equity sitting there and you're in your mid eighties. Now,
John Clace, does that open them up for about forty
percent of of the like like like, the older you get,

(01:19:08):
the more equity you can take. So let's say you
have a house that's paid for. You have a house
that's paid for and it's worth eight hundred thousand dollars.
How much what is the most you'll ever get of
that equity? Fifty percent?

Speaker 1 (01:19:25):
Yeah, you know, fifties some programs fifty five by top
if you're up there in the eighties, you know, eighties,
but you.

Speaker 2 (01:19:32):
Got to be you got to be in your mid
to high eighties, right to get that much, you have
to be to your mid to high eighties. Okay, So
someone who is by Tom Yeah, no, no, I'm listening.
Tell me the different categories.

Speaker 1 (01:19:49):
Well, yeah, so somebody in their sixties, you know, you're
going to be looking at thirty eight forty percent, you
go there. Once you get up towards the high sixties,
early seventies, it's about forty five percent. And then once
you get you know, to that eighty mark, you can
start looking at that forty five fifty percent mark.

Speaker 2 (01:20:07):
So, so what you were saying about What were you
saying about Darryl and Nancy Is if they're in their
mid eighties and their house is worth about nine hundred,
the most they're ever going to get is about four fifty.

Speaker 1 (01:20:20):
Well you migrate the numbers actually with them being eighty four.
While we were on the phone and it came out.
It's one of the proprietary products came out where we
could get him about five hundred and thirty thousand dollars
out of it.

Speaker 2 (01:20:32):
So, oh, that's excellent. So if they get five hundred
and thirty yep, and they can pay off their credit
cards exactly.

Speaker 1 (01:20:41):
So yeah, that was and that's kind of our max.
It's called our max product that that does that on
some of that you know, reverses are interesting. I talked
to guys the other day. He called me from your
show and he's he's sixty one, and he's like, well,
I don't know if it will work, but we have
they'll actually go down to age fifth five these days
with some of these products, you know type deal.

Speaker 2 (01:21:05):
Again, the idea is the older, the more you get,
and you have to pay off your first with a
reverse loan. So whatever your first is that gets paid first,
and then after that, after paying your mortgage off, if
there's any cash left over, you can take that cash.
What I recommend in a line of credit, which means

(01:21:28):
you don't have to take it unless you need it,
and when you need it, you can write yourself a
check and you can even pay your taxes and insurance
out of it. Right you can't.

Speaker 1 (01:21:41):
Yeah, another thing people don't realize unreversed mortgages. If you
feel like it, you can always make a mortgage payment
the same like a first and it just stops growing.

Speaker 2 (01:21:51):
Right, of course you can, You're right, John, People don't.
People don't often think about that. But really, if you're
in Darryl and Nancy's position, why would you make a payment.
I mean, I know a lot of parents bend over
backwards to try to preserve their equity for their kids,
and I say, the hell with your kids. If you've
worked your life, you worked your whole life, you don't

(01:22:14):
have to preserve your equity. You can live off of it.
What I want to ask Darryl or Nancy, do you
have any questions for John, Because we would refer you
to him. He'll take good care of you. You'd be
able to pay off your first, save that twenty eight
hundred dollars a month, plus pay off your credit cards.
I mean, think about how much money you would have

(01:22:35):
every month if you didn't have to pay a mortgage
and you didn't have to pay for the credit cards.
Think about that?

Speaker 1 (01:22:42):
Well that certainly.

Speaker 2 (01:22:44):
Do you have any questions?

Speaker 1 (01:22:45):
I guess yeah, the question I have.

Speaker 11 (01:22:48):
The other question I have is would it makes sense
to take some money.

Speaker 1 (01:22:52):
Out of our savings to pay off some of the debt?

Speaker 2 (01:22:56):
Well, that's a personal choice. I always say that if
your savings are sitting there making two and three percent
and you're paying out monthly on high interest of fourteen
to eighteen to twenty five percent, of course it pays
because for every dime you pay off, you're saving that interest.

(01:23:17):
That's why I always say, if you're looking to build
financial wealth or health, what you need is to get
rid of high interest debt. And right now you have
thirty or forty thousand, or twenty or thirty thousand, whatever
it is, it's too much. How much do your credit
card payments come to every month?

Speaker 11 (01:23:40):
Oh somewhere around twelve fourteen hundred dollars?

Speaker 7 (01:23:44):
Yeah, well, think about change if you took that thirty
thousand paid off those credit cards, you have the reverse mortgage,
you're going to be basically making twenty four thousand dollars
more a year in cash flow. And by the way,
I do want to say Markia Daryl.

Speaker 2 (01:23:59):
They're going to say Mark. They're gonna save forty two
hundred dollars a month, four two hundred dollars a month.

Speaker 7 (01:24:07):
And the other thing, though, Darryl and Nancy, is if
you are truly just in a savings account, that's kind
of crazy. If you want to keep it liquid, that's great.
But there's different there's different vehicles out there through Schwab
or even through Wave eight or somewhere where where they
can invest at and easily make you five percent and
it's liquid the next day, the next day.

Speaker 2 (01:24:29):
Yes, yes, yes, so you got you got yes. I
think what you first look at first is you talk
to John Clays about a reverse loan. I'm really serious.
Now listen to this. Once you pay off your mortgage
and you're saving that twenty eight hundred dollars a month,
now you can decide how do I want to pay

(01:24:49):
those credit cards? Do I want to take it out
of savings or do I want to take it from
my line of credit. I personally would not touch my
savings except for what Mark said. Maybe put it in
a you know, nothing risky, but put it in something
that can at least grow better than a savings account.
And there are even a money market or a CD.

(01:25:12):
But what I would definitely do is talk to John
Partner in lending dot com about a reverse loan. No
doubt in my mind, no doubt in my mind. And
how long? I'm just curious, how long have you guys
been married?

Speaker 11 (01:25:28):
Uh?

Speaker 1 (01:25:29):
Fifty nine years?

Speaker 2 (01:25:31):
Wow? Congratulately. Crap. What's the secret?

Speaker 1 (01:25:38):
I'm jack damn.

Speaker 2 (01:25:44):
The secret is knowing when you're wrong, which is most
of the time, and your wife is always right. That's right,
if you keep that in mind. I have a I
have a shirt that says, if at first you don't exceed,
do what Stephanie told you to do to begin with,
and so you ought to get a shirt like that

(01:26:05):
with Nancy on it. Yep, thank you very much for
calling and John Clay, I really appreciate this, and you
talk about reverse loans and what I'm confused about something
not confused in a bad way, but I'm glad to
hear there are more offerings. If you could hold on,
I want to ask about some of these so called

(01:26:27):
proprietary products or different kinds of loans. I thought they
were all government backs to excuse me, reverse loans, and
you talked about private loans. I want to talk about
that right after this. I'm Tom Martine. Three three seven
one three eight two five five waterpros dot net. You
need to start thinking about drinking water. There is no
safe drinking water when it really comes down to forever chemicals,

(01:26:50):
plastics and chlorine. And you can get a system in
your home from water Pros, great people. The lowest prices
on the best systems thirty nine ninety five will get
you everything in your home for your water. That's Waterpros
dot net. Three three eight six two five five five four.

(01:27:13):
Hi Tom Martine, you're troubleshooter three three seven one three
talk seven one three eight two five five. Can you
guess what I'm doing when I'm off the air here? No,
you can't anyway. By the way, Tom, I think you
gave some wrong information to that woman who said was
it a woman or a guy? The restitution ordered to
pay restitution. She was ordered to pay restitution for an

(01:27:34):
accident in a parking lot, and he said, she can
ask for a restitution hearing, and the only reason that
the amount was assessed is because the other party was
asking for it. If she signs a promisory note, she's
admitting and agreeing to it, but she can ask for
a hearing on that to determine restitution. Now, let's go

(01:27:54):
back to johnclaspartner in lending dot Com, which is CMG Mortgage,
talking about reverse loan. John, you talked about different kinds
of reverse loans. At one time, all reverse loans came
from government guarantees. Is that right?

Speaker 1 (01:28:10):
Yeah, so they did. They used to be called the
hackem Wars and backed by FAHA, but they're all federally guaranteed.
And since in the last few years, they've come out
a lot of come out with proprietary products with her
which still have the same protections as all the government loans.
It's just you know, you got the private lenders, private
equity type groups putting it together on these loans.

Speaker 2 (01:28:32):
So how do they differ? Give me an idea of
how they differ.

Speaker 1 (01:28:36):
Okay, So, for example, there's quite a few states in
Colorado is one of them? Not all states that they allow,
they'll allow reverse mortgages down to age fifty five. Now
obviously you're going to have some equity, probably won't work
quite you know as well there, but you can do
it down to age fifty five in Colorado now yet

(01:28:57):
the hack em faha used to have to be sixty.
And then another great product they come out with is
what they call a they call a home Safe second,
which is for people, and that goes down age fifty
five also. But if you if you have you know,
if you've got a five hundred thousand dollar house and
you only have like a fifty thousand mortgage at two percent,

(01:29:17):
you don't want to get rid of that rate, Well
they can actually now you can do a second mortgage
reverse mortgage second. That could pay off all your credit
card debts and all that debts, and that'll go up
to about forty five fifty loan to value on something
like that. But so those are some of the wow.
The other products is both people don't have to be

(01:29:39):
sixty two anymore. You do work off the younger bars
age as far as doing the calculations for the money out.
But so yeah, there's a lot a lot of openings
as far as that goes, as far as the age limits.

Speaker 2 (01:29:52):
So in this couple, let's say one of them's eighty six,
one of them is eighty two, they get the verse loan.
Do you get it in both names so the other
one doesn't have to be displaced?

Speaker 17 (01:30:06):
Yeah, well you no matter what, if they're living in
the house, they have to be.

Speaker 1 (01:30:12):
You have to to put that up there, and yes
you can't. You still can't take a spouse off. So
you can take her you know, she can be what
they call them.

Speaker 2 (01:30:21):
Not okay, so she was. So so if you're if
you're an older guy, if you're an older guy and
you're living with a younger woman, you can't get a
reverse loan if she does not qualify.

Speaker 1 (01:30:36):
Well, right, but she most likely they qualified at pretty
young age, but I mean thirty nine. But then they're
gonna limit to what you have. But you know, if
you're seventy five and you have a spouse that's forty
five and you got a million dollar house, yeah, they're
gonna still give you a reverse and she's gonna still
be protected because it's gonna be based off of her age.
The money is that they give.

Speaker 2 (01:30:57):
Okay, but it would severely limit the amount of money
you can get because of the younger spouse.

Speaker 1 (01:31:05):
That is correct, So when.

Speaker 2 (01:31:07):
The older So so let me get this straight. If
if an older spouse and a younger spouse they get
alone and they have it the loan, and the older
spouse dies, the younger spouse can still live there and
and still continue.

Speaker 1 (01:31:23):
Yep, and that's big. Okay they made Yeah. Yeah, and
they won't let if you're married, like, they won't let
you only do the loan under your name if you're married.
That's okay, gotcha, can't do that.

Speaker 2 (01:31:35):
Yeah, what about living? You know, nowadays people people are
really creative. What about living in the same household? Does
that count?

Speaker 11 (01:31:45):
Uh?

Speaker 10 (01:31:46):
What we do.

Speaker 1 (01:31:47):
About that is, if they're not married, we do a
calculation on how many people live in that household, and
then you have to have some residual income to qualify
for that, so more people, you know, typically reverses. You
don't have to show a lot of income. Social Security
will work. But if you have like you know, you know,
a cousin or aunt and sister, they do a calculation

(01:32:10):
on how much residual income you have to have, so
you couldn't do a no income loan leftover?

Speaker 2 (01:32:16):
What about grandparents? What about grandparents that might have a
minor or might have a young dependent.

Speaker 1 (01:32:25):
You know, they can't protect that dependent as far as
the long as they can live on that. But it
just really what it does is it takes into effect
of how much they'd have to show in residual income
every month.

Speaker 2 (01:32:42):
But but then when the normally though.

Speaker 1 (01:32:45):
So when the parents passed away, they would give that
person basically a year to either refinance or sell the
house to pay that up rivers.

Speaker 2 (01:32:53):
Morphine, okay, all right, Now, on a normal circumstance though
with a reverse loan, if if they want to leave
or they want to sell, it's like any other sale.
It's like any other moving. You pay off the loan, correct.

Speaker 1 (01:33:11):
Yeah, just just like a regular mortgage. You got, you
know what your b house do and then you keep
all the equity in it. And that's what people forget.

Speaker 2 (01:33:18):
And if for some reason, if for some reason the
house went down in value, then you would have you
can just walk away, is that right.

Speaker 1 (01:33:28):
It's non recourse, which is nice. Yeah, it's non recourse.
So theirs, whoever they left the house to, can always
walk away. And now they also always offer the house
out a ninety value of what what is owed. If
they want to buy it, you know, buy it out,
they own house, that's what they want to do. Whatever.

Speaker 2 (01:33:47):
That's really good in the house. Yeah yeah, okay, real
quick here I had a text while we were talking.
How would buying a home with a reverse loan work?
How does that work?

Speaker 1 (01:34:00):
Be very very similar to the age but say say
you're reversed and say you qualified for that're at like
their age about eighty four. Well, there, you're going to
have to put down about forty five percent of the
purchase price and then you can get a loan for
the additional fifty five percent and then works just like
a reverse you never have a mortgage payment. So like
if you're sixty five and you want to do this

(01:34:22):
with a reverse mortgage, you'd have to probably put down
sixty percent of the value of the house. So you know,
if you have a hundred thousand, you know you have,
and then you get a loan for the for the
forty percent. Yeah, well, thank.

Speaker 2 (01:34:35):
You very much. I really appreciate this, John, and it's
a partner in lending. Thank you, bro, thank you Partner
in lending dot com. Hi Tom Martinez you're troubleshooter. Three
oh three seven one three talk seven one three eight

(01:34:55):
two five five. This is odd. We have two problems
back to back with garage doors. Let's go to Ken first, Kent,
talk to me about your garage door issue. What's going
on with you.

Speaker 9 (01:35:07):
I take care of a house for my brother in
law and Fort Collins. He lives in Tucson on I
requested an a price to replace the garage door which
was damaged by a tenant, and called Front Range Rainer

(01:35:31):
and requested it. They shot me back a price, and then.

Speaker 2 (01:35:38):
Did you need to replace the whole door?

Speaker 9 (01:35:42):
No, just two or three panels, But at some point
if it's three panels or more, they just say, you know,
it's better to just replace the whole door. But they
thought two panels would probably do it. But I ended

(01:36:04):
up getting a bill for one hundred and sixty six
forty one for adjustments that they made while they were
there lubrication, they adjusted springs and stuff like that which
I did not request.

Speaker 2 (01:36:24):
Okay, let me ask you a couple of questions. This
is very interesting. What did you request? What brought them
out to your home?

Speaker 9 (01:36:33):
I needed a price to replace or repair the garage door.

Speaker 2 (01:36:41):
And when you did you? Did you do this online
or by did you do this online or by the phone?

Speaker 1 (01:36:49):
By phone?

Speaker 2 (01:36:51):
And I think what happened was and I know a
lot of places had this, including one Clear Choice Garage Doors,
which I love, They're my go to company, but they
have I don't think one Clear Choice Doors goes out
to a home to check out doors free. I think
they have an inspection fee and included in that is

(01:37:16):
adjustments and lubrication and all of that. Now, if you
want a new door, maybe they go out and look.
I don't know. I really don't know this, but I
think what happened is you probably called and they put
you down for their basic maintenance. That's probably what happened.
But do they have normally they record these calls. Did

(01:37:37):
you call them and say, look, I never requested the service.

Speaker 9 (01:37:42):
Yes, I've I've contacted them twice and they said that
I requested service. And I said, okay, do they have
the ti it? No, they do not record the calls.

Speaker 2 (01:37:59):
She said, but why Well, you're right, why would you
call if you're thinking about replacing it? Why would you
call for a service?

Speaker 9 (01:38:10):
Exactly? That's what I asked her, and she had no
no response.

Speaker 2 (01:38:16):
By the way, let me ask you something, how is
the door operating now that they did that?

Speaker 9 (01:38:23):
The door has always been fine.

Speaker 1 (01:38:27):
I mean I didn't.

Speaker 9 (01:38:29):
Yeah, and the and the damage to the front of
the damage to the door was just cosmetic.

Speaker 1 (01:38:35):
It was just you know, minor.

Speaker 2 (01:38:39):
So you don't notice it. You don't notice the door
operating any better now than before. No, you know, I
wouldn't pay it. If I didn't request a service, I
wouldn't pay it. I would make them prove that I
I asked for it. The problem is, it's going to
get a little messy, don't you think, Mark, I think

(01:38:59):
that they're going to to do a lean or something.
It could get what was the name of the company, Rainer,
I believe you said, right, Rainer. Yeah, Okay, hold on
a second. Let's give them a call and let's see
if we can get their comment on this. One of
the deputies, their deputy Dollar. Let's give them a call.

(01:39:20):
I'm Tom Martino. We have more coming up on the
Troubleshooter Show. Stay tuned for problems, questions and complaints.

Speaker 4 (01:39:34):
Rip need that you don't have to running just as
the can, No Shooter's gonna help coming man.

Speaker 5 (01:39:49):
This is the Troubleshooter Show. No Tom Martino.

Speaker 2 (01:39:54):
Hi, I'm Tom Martino. Welcome to the show. We are
kicking butt here trying to solve your problem. To answer questions,
Jay complaints. Abraham wants to talk about something that sounds
pretty sad, a dog being shot by police. Abraham, what's
going on with you?

Speaker 3 (01:40:12):
I'm I'm in my house right know, and I was
getting some papers and a detector came through my door
to my gate while I was locked, and he shot
my dogs four times.

Speaker 2 (01:40:22):
What why was he coming to your house? Did he
have a warrant?

Speaker 3 (01:40:27):
He was serving my wife and papers. No, no warrant,
no nothing, just some papers, serve my wife and I
have a gate.

Speaker 2 (01:40:33):
Now what was he serving? What was he serving your wife? Abe?
What was he serving? Was this a sheriff's depity?

Speaker 3 (01:40:40):
We didn't get that he was a I don't know
if he's had a badge on him, but we didn't
get that far because he shot the dog.

Speaker 2 (01:40:48):
It was probably exactly that time he was just getting
served or.

Speaker 3 (01:40:51):
She was yes, yes, yep it And there's no right
and he should knocked on the side of my house.
He should never have came to that front gate. That's
why I have a.

Speaker 1 (01:40:59):
Lock on it.

Speaker 7 (01:41:01):
And you have a siuriosity? Do you have like a
ring doorbell? Did anything capture all this?

Speaker 1 (01:41:08):
No?

Speaker 3 (01:41:09):
No?

Speaker 1 (01:41:09):
No?

Speaker 3 (01:41:10):
What the front door didn't I? And he opened the
streen door. When over the screen door, the dog took.

Speaker 1 (01:41:14):
Off after him.

Speaker 3 (01:41:18):
You should never have went through that game, okay.

Speaker 2 (01:41:21):
And when the dog, when the dog went after him,
what kind of dog is it?

Speaker 3 (01:41:27):
He's a massive mixed We read the rescue.

Speaker 2 (01:41:33):
So was this a sheriff's deputy or a prop abe?
I need to know? Was this a sheriff's deputy? Do
you know.

Speaker 3 (01:41:43):
He's a detective?

Speaker 2 (01:41:47):
What was he delivering to your What was he delivering
to your wife?

Speaker 3 (01:41:54):
We don't We didn't get that far. Obviously, there's no
jail sto ideals probably like child support stuff.

Speaker 7 (01:42:00):
That has to be a sheriff serving him.

Speaker 2 (01:42:06):
And he pulled out a gun jail or nothing like that.

Speaker 3 (01:42:09):
He pulled out the gun times.

Speaker 2 (01:42:13):
Okay when he shot the dog. Did you talk to
the guy after that?

Speaker 1 (01:42:19):
I went off on him. I went off on him.

Speaker 2 (01:42:22):
And what did he say to you?

Speaker 3 (01:42:26):
Nothing? He didn't say nothing, got back in the truck
and locked his door.

Speaker 2 (01:42:30):
Did you call the cops.

Speaker 3 (01:42:33):
Everybody's here. The cops are here. Everybody's here. They did
a crime scene everything, and everybody's here.

Speaker 2 (01:42:38):
Are they there right now? They are?

Speaker 1 (01:42:41):
Yes?

Speaker 2 (01:42:43):
Okay, what are they saying? Happened?

Speaker 1 (01:42:45):
Detected?

Speaker 3 (01:42:49):
He came to sir, He went, he went to the
front door of that front gate, and the dog came out,
and he shot.

Speaker 1 (01:42:54):
The dog out.

Speaker 2 (01:42:54):
That's right, I get it, Tom.

Speaker 7 (01:42:56):
Basically, the guy came, he's got a gate in the
front yard. The guy came to through the gate. He
goes to his door. The dog runs out through the
front door like it was going to attack the guy,
and the guy shot it.

Speaker 2 (01:43:07):
I mean, that's what happened.

Speaker 9 (01:43:10):
Four times.

Speaker 3 (01:43:11):
Four times. And while there's kids in the house. I
got five kids in that house. The neighbors have kids.
My other neighbors have kids. He wasn't even thinking where
for those shots really go.

Speaker 2 (01:43:22):
So the dog came. When you opened the screen door,
did you want the dog to go out and bark
at him?

Speaker 13 (01:43:28):
He he we were in the house.

Speaker 3 (01:43:30):
He opened that screen door. My front door was open.
He opened the screen door and said hello, and the
dog came out and ran after him. When he said hello,
the dog heard me came running from the room. He
opened the front he opened the screen door.

Speaker 2 (01:43:43):
I did, Actually, did you tell way Man that's wrong?
Did you tell the police that he opened your screen door? Yes?

Speaker 3 (01:43:52):
I told him. They don't want to grieve me because
they know he's in the wrong. They're just they're just
they're just staring at me like I'm stupid. I know
they know he's in the wrong, and they don't want
to admit it. They know he's in the wrong. I
told him, you know, you guys know he's in the wrong,
and they just stay there stating me because they don't
want to make that's one of their own. They're not
they're not gonna go against their brother.

Speaker 2 (01:44:10):
I bet he was door to throw the papers in.

Speaker 3 (01:44:15):
Pretty probably probably, But he should never have went. My
front gate is blocked, and that's why we have that
lock on it. They told us keep that keep a
lock on that front gate so the dog stays behind
that fence. And we did as we were asked, and
he went to that front gate. He should knock on
the side of the house. He should never have went
on that porch and opened that gate and went to
that door, knowing what there's there's there's no there's no
expending that isn't that all?

Speaker 1 (01:44:38):
Hey? Abe?

Speaker 2 (01:44:40):
Can may I ask what would your dog have done
if he didn't have a gun? Would your dog have
attacked him?

Speaker 1 (01:44:47):
Well?

Speaker 3 (01:44:48):
Yeah, he's a family probably because he's in my house.
He's down there with in my house, so he's protecting
the house. And not like he was outside of my gate.
He was on my porch in front of my door.

Speaker 2 (01:44:58):
No, I get it. No, I get exactly what you're saying.
This is terrible. Now what police agency showed up to investigate?

Speaker 1 (01:45:08):
What? What's that?

Speaker 2 (01:45:11):
What police agency showed up to investigate? What police agency
showed up?

Speaker 3 (01:45:18):
What do you mean?

Speaker 2 (01:45:19):
You don't know? Is it Denver police? Or say, Jeff,
go who is it?

Speaker 13 (01:45:23):
I'm asking, I'm in Lafaiet what?

Speaker 3 (01:45:25):
What? What agency?

Speaker 1 (01:45:26):
Is he?

Speaker 2 (01:45:28):
The dog?

Speaker 1 (01:45:30):
All right?

Speaker 11 (01:45:31):
No?

Speaker 3 (01:45:31):
He is ATF's ATF Wow?

Speaker 2 (01:45:35):
At Wow? What do you talk?

Speaker 1 (01:45:38):
Yeah?

Speaker 2 (01:45:39):
Wait a minute. The person that came to your door
to serve you as ATF.

Speaker 3 (01:45:44):
Yes, that's who it was. So they're saying that they
said they want to talk to my wife because I
think one of her firearms. Only that's what it's about now, okay,
And she's legal to have them.

Speaker 2 (01:45:58):
Did your wife report her firearms stolen?

Speaker 3 (01:46:03):
No, because I don't think we had the serial numbers
when it got stolen from the car.

Speaker 2 (01:46:08):
How did they trace back.

Speaker 3 (01:46:10):
Guys, because one time they had if it's the same one,
they had a King Supers one time and they came,
they seen it and they they probably has the same one.
It has to be that only one that was on
her one time at King super.

Speaker 2 (01:46:22):
So an ATF agent. It was an ATF agent that
came onto your property to serve to serve your wife
some papers. Yes, okay, what are the papers they wanted
to serve her?

Speaker 3 (01:46:40):
We didn't get that far, sir. They're they're they're okay,
this is wait.

Speaker 2 (01:46:47):
I got a question. Wait a second.

Speaker 7 (01:46:50):
You you mentioned that you were I know what you
were studios to do.

Speaker 2 (01:46:54):
Well, hold on you.

Speaker 7 (01:46:55):
You mentioned doing what you were supposed to do, keeping
the dog in the Hey, what happened prior.

Speaker 3 (01:47:04):
He went to that gate and that he had that
We were asked to keep the dog in the gate
in the yard, and that's what we did. And he
should have never went to that gate, He said, knocked
on the side of who.

Speaker 2 (01:47:12):
You're missing me? What Mark is asking? Who told you
to who told you. You said you you were doing
what you were supposed to.

Speaker 3 (01:47:21):
Our manager, our manager, even my man. And we're on
private property too.

Speaker 2 (01:47:25):
Was there an.

Speaker 7 (01:47:26):
Issue before where the dog got out or something like that.

Speaker 3 (01:47:29):
No, no, no, no, he just said this always. We
had him on a leash before, and he said just
keep him in the yard.

Speaker 2 (01:47:36):
And that's your landlord.

Speaker 1 (01:47:37):
Knocking on him.

Speaker 2 (01:47:39):
Yes, okay, so Mark, the landlord told him to keep
the dog confined. The dog was confined. This ATF agent
came on to his property. Well, according to him, opened
up his door. He walked up on your porch and
opened your screen door.

Speaker 1 (01:48:00):
Yeah.

Speaker 2 (01:48:01):
Yeah, he walked up onto your porch and opened the
screen door.

Speaker 3 (01:48:05):
Opened the screen door, and the and the front and
the front door. My wife says, he opened the both door,
the screen door and the front door. He opened both doors.

Speaker 1 (01:48:13):
Of my house.

Speaker 7 (01:48:14):
What what paperwork were they serving if it wasn't to
do with child support and it's an ATF person, I mean,
is it a warrant to search the property?

Speaker 3 (01:48:24):
No no, no.

Speaker 13 (01:48:25):
Not at all, nothing like that.

Speaker 3 (01:48:26):
No, because he came by hisself, Thank you, brother, thank you.
No he is so it was nothing like that because
he was by hisself. They didn't come no suited up
and not that he was by hisself, so obviously it wasn't.

Speaker 1 (01:48:35):
Not that serious.

Speaker 2 (01:48:37):
Geez, it's so weird.

Speaker 3 (01:48:39):
Yeah, they did not come back.

Speaker 2 (01:48:40):
But your wife had your Your wife has no idea
your wife has who's there now? The ATF agent is
being investigated. Who's investigating it? Is it Adams County? I
don't know if that's Adams County?

Speaker 3 (01:48:53):
Yeah, Lafiett, Boulder County so yeah, okay, at Border County?

Speaker 2 (01:49:01):
So is Boulder is Boulder Sheriff Department?

Speaker 3 (01:49:04):
There, No, it's just Lafayette and Lafayete detective.

Speaker 2 (01:49:11):
Does Lafayette have a police department?

Speaker 1 (01:49:16):
Yeah, they do.

Speaker 2 (01:49:18):
Did they interview you, Yeah.

Speaker 3 (01:49:21):
They talked to him. They talked to every that they interviewed.
My neighbors, everybody, and even the neighbors seen him go
up on the porch and go to that gate.

Speaker 2 (01:49:32):
That's wrong, man. Did anyone get it on tape?

Speaker 1 (01:49:35):
Never?

Speaker 3 (01:49:37):
No, No, there's nothing on tape at all.

Speaker 1 (01:49:40):
I just it's not Are.

Speaker 2 (01:49:41):
They still are they still on your property? Are they
still on your property right now?

Speaker 1 (01:49:47):
Yes?

Speaker 3 (01:49:48):
Yes, he may decided to just picked my dog up
and took him.

Speaker 2 (01:49:53):
They took the dead dog.

Speaker 3 (01:49:56):
Yes, he made society just took him.

Speaker 2 (01:50:01):
Man, this is weird. Mark, What do you do with
something like this? I would hope the investigation. Hey, shop
and I tend to agree, Shopper, Can you call aafia
to see if we can get a statement? Than can
you call Afia police department to see if they can
give a statement of any kind? Sure?

Speaker 7 (01:50:21):
I wonder if you know someone's from Lafayette right now?
I wonder if we could get them.

Speaker 3 (01:50:25):
On they're not gonna go, let's find out. Want to
talk to one of them.

Speaker 2 (01:50:32):
We're not telling anybody to go against anybody. We just
we would loan to talk to one of them.

Speaker 1 (01:50:37):
Let me see it.

Speaker 2 (01:50:38):
Yeah, give a second, but hold on, hold on, hold on,
don't do it until we take this break. Wait, just
wait one second. I want to do it after this break.
I gotta take this break. I'm Tom Martine three oh
three seven on three eight two five five. Frank Rand
the real estate man will do a market valuation of
your home to tell you what it will sell for.
Call them, ask them what will my house sell for?
It's free, it's complimentary. He will give it to you

(01:51:01):
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(01:51:22):
book now for a free second opinion or thirty nine
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nine thirty nine Fix myhome dot Com. Hey listen, man,
this this case sounds really weird. Abraham. You know, we
don't no matter what the ATF agent was there for

(01:51:43):
to come onto your property, walk up on the porch,
open the front door, open the screen door. The dog
comes lunging out and he shoots the dog. My god,
it sounds surreal. And you say, Lafayette police are looking
into it. We have someone calling Lafayette police. Is there
anything all else you can add to this, Abraham, He.

Speaker 11 (01:52:04):
Just had no right.

Speaker 10 (01:52:04):
Man.

Speaker 3 (01:52:05):
It comes to that gate, and he had no right
to give me go. He said, knock outside the house
and never went to that gate, end up to that
front door, knowing that gate was locked.

Speaker 2 (01:52:13):
Now, when you say the gate was locked, what do
you mean the gate was locked?

Speaker 3 (01:52:19):
I have a three year old son has a NATS
that child can't even open. So it's left.

Speaker 9 (01:52:24):
Okay, so it under and then popped it?

Speaker 2 (01:52:26):
Got it? Got it? So it was a latched gate.
He came through the latched gate, walked up onto your porch,
opened the front door, but that was completely closed in.

Speaker 3 (01:52:40):
The front door.

Speaker 1 (01:52:40):
My wife said, yep.

Speaker 3 (01:52:43):
And then your dog saw the screen door and the
front door.

Speaker 2 (01:52:48):
And when your dog saw the door open, he ran
for it.

Speaker 11 (01:52:53):
Yep.

Speaker 3 (01:52:54):
Well, he said hello. He opened the door and said hello,
and the dog heard that. After the dog picked up
perked his ears, until off at the front door after him.

Speaker 2 (01:53:05):
And the guy shot.

Speaker 3 (01:53:06):
Him four times? Man, four times?

Speaker 2 (01:53:11):
Where were you at the time, Abraham?

Speaker 3 (01:53:14):
I was in my back room.

Speaker 2 (01:53:17):
And when you came out, what did you say? What
the hell are you doing? I mean, what did you?
Did you know who he was? Did he identify himself? Okay,
CAUs Shannon, help me out here? What am I doing?
Got it? For those I don't even know? I hope
it didn't go out, But I mean, he's saying the
F word. Too many times. I think we got listen.

(01:53:42):
I'd like Schopper to find out from Lafayette what the
hell's going on. I mean for a guy to walk
up and open the front door and then open the
screen door and then shoot the dog because the dog
came running at him, then this sounds weird to me.
And what is the life being served with from an

(01:54:03):
ATF agent? I don't understand any of it. Do you
think this will hit the news at all? I mean,
come on, people, I would think you got to find
out Chopper did you could Chopper call up there now
during the show and just tell we got this bizarre call. Yeah,
tell them we got this bizarre call saying that an

(01:54:26):
ATF agent shot a dog after opening the front door.
What was that agent doing opening a door? I didn't
think they're supposed to do that. I mean, it wasn't
a raid or anything. It wasn't like you had a
warrant for a search. Okay, we have some questions for
Dan Dan McKenzie McKenzie law. We're talking about estate planning

(01:54:48):
part of the show today. Somebody has a trust and
they want to know if they have a trust and
they move stuff into the trust, do they lose the
tax benefit if it's a depreciating that asset. So in
other words, they have a business. Let's say and the
business owns equipment, and that equipment is put into the trust,

(01:55:11):
or do you put the whole business in the trust?
What's the proper way of doing that?

Speaker 14 (01:55:15):
And I would the equipment would be titled and the
business could be put in the trust.

Speaker 2 (01:55:20):
Okay, So if the business is put in the trust,
everything the business owns is in that trust. Yeah, So
that's the easiest way to do it. So you don't
take individual things and pluck them out from different entities
and put them in a trust by themselves.

Speaker 15 (01:55:37):
I mean, you would want to be really careful about that.

Speaker 14 (01:55:40):
If there's equipment that sort of signals to me that
you've got some liability around that. I mean, are we
talking about like construction equipment, like like have that in
the business to get that protection.

Speaker 2 (01:55:49):
Let's say a guy has a dirt moving business. Okay,
Let's say is a back ho. That back ho is
worth a lot of money and it's paid for. Would
he put the whole back hole business in there or
just the back hole itself?

Speaker 14 (01:56:04):
I mean, I try you want to be pretty comprehensive.
If we're talking about a vocal trust, let's put that
up front, right the vote. You're a vocal trust, it's
got tax consequences that are more complicated, but let's assume
it's a a vocal trust. Yeah, you want to put
as much in there as you possibly can, but you
want to keep business related assets under that business shield.

Speaker 2 (01:56:22):
Okay, got it, And so use of the products you
can still use them. Like what like if you have
artwork in your home and personal items not in a business,
can you put personal items in a trust?

Speaker 14 (01:56:36):
Yeah, we just do a really simple assignment of personal
property to or a trust, just saying I am assigning
it all. I mean, there is not titling documents for like, and.

Speaker 2 (01:56:44):
What's what would be the benefit of putting personal property
in a trust? It's just yeah.

Speaker 14 (01:56:48):
As I mentioned earlier that the thing that triggers probate
is if you pass away and have eighty six thousand
dollars worth of anything, and so.

Speaker 2 (01:56:58):
So if it's in a trust, it's not you.

Speaker 5 (01:57:01):
It's not you.

Speaker 14 (01:57:02):
And so assigning your personal property the trust takes all
that out.

Speaker 2 (01:57:05):
Of that eighty six thousand dollars equation. So you can
literally bypass probate. By having everything in trust.

Speaker 14 (01:57:12):
You get to give up to eighty six thousand bucks
away without probate. If it's more than that, you've got
to figure out some other way to do it, and
a trust is a pretty elegant way to do that.

Speaker 2 (01:57:22):
Okay, And what are some of the reasons we always
hear people talk about avoiding probate? Why is there such
a fear of probate? When you hear, oh, no, you
got to avoid probate, or I want to avoid probate,
or they come to you, they may not even know
why they're saying it and they say, Dan, we don't
want to face probate. What Probate's not that complicated, is it?

Speaker 14 (01:57:46):
Honestly, Yeah, that concern can be a little bit out
of date. It used to be a really intense process
that required a lot of court appearances and stuff like that.

Speaker 15 (01:57:55):
Really usually does not anymore.

Speaker 14 (01:57:58):
So I don't automatically tell everyone to avoid probate. There
are circumstances where, yeah, you probably still don't want to
do it, but it's the court case.

Speaker 15 (01:58:06):
You know, it's public. There's some reasons not to want
to do.

Speaker 2 (01:58:08):
It, Okay, Because when you open a probate, you're saying,
this is Tom Martine's estate, and here's what we're doing
with the stuff, and anyone can see it.

Speaker 14 (01:58:18):
I mean, I don't know if anyone can see it,
but a lot of people can see it because anybody
involved in the estate, any heirs, anybody, any beneficiary is
it kind of access to the whole thing, and any
creditors too, So it's just a little bit more out there.
People probably can get into it as well who are
not interested, but it's a little bit harder for them.

Speaker 2 (01:58:36):
Can someone claim to be a creditor just to get
a look.

Speaker 14 (01:58:41):
Anybody can file a creditor claim and then it has
to be dealt with, So that would be an interesting strategy.
I haven't really seen people do that, but I'd have
to think through that a little bit.

Speaker 2 (01:58:51):
It's possible, okay, But mainly probate is to disperse property.
Is that the actual reason for probate.

Speaker 14 (01:59:00):
Yeah, get out there, account for the property, figure out
what you got to make sure the bills are paid,
the taxes are filed, and the right people get what
they're entitled to receive.

Speaker 2 (01:59:08):
And if you have a trust where everything moves through
without going to probate is prob Is there ever a
death and a settlement of an estate without ever doing
a probate?

Speaker 1 (01:59:20):
Oh?

Speaker 2 (01:59:20):
All the time really, without ever seeing probate court.

Speaker 1 (01:59:24):
Yep.

Speaker 2 (01:59:25):
And that's done through trusts. Uh.

Speaker 14 (01:59:28):
There's a few different ways to do it. One is
the jointly title stuff. So as you say.

Speaker 2 (01:59:32):
Okay, so then it automatically goes to the other person.

Speaker 14 (01:59:35):
Designate a beneficiaries skip probate. Yeah, if you've got beneficiaries
on your retirement accounts or life insurance. But you can
put those on your house, your cars, your bank accounts,
all kinds of stuff.

Speaker 2 (01:59:45):
Can you file beneficiaries on everything? Basically, Like, even if
it's not set up for a beneficiary, can you say
the beneficiary of this account is so and so.

Speaker 14 (01:59:56):
That is up to the institution where the account is located.
But I would say yes, pretty much. Anything that is
a title, there's probably a way to beneficial do a
beneficiary in it.

Speaker 2 (02:00:03):
And beneficiary is an automatic transfer to death correct, So
bank accounts could be automatically transferred at death, yes, And
car titles can they be automatically transferred? Really?

Speaker 1 (02:00:17):
Is that?

Speaker 2 (02:00:17):
What is that? Like a beneficiary title?

Speaker 1 (02:00:19):
Yeah?

Speaker 14 (02:00:19):
If you if you google Colorado DMV beneficiary you will
see their form.

Speaker 15 (02:00:23):
It's real simple.

Speaker 14 (02:00:24):
They want to know that make the model, the ben
and who's getting it if you pass away?

Speaker 2 (02:00:27):
Really, I didn't know. So there's like a there's like
a beneficiary title for cars. Wow, did you know that, Mark?
I didn't know that that you can actually do that
with a car three or three five? Yeah? Okay, Abraham
is back and uh you know he's the one that

(02:00:48):
had his dog shot. Abraham. Are they still at your
house investigating?

Speaker 3 (02:00:53):
Yes, yes, everybody's here. Still just talking to the loafia cops.

Speaker 2 (02:00:57):
Now what did they say?

Speaker 3 (02:01:02):
They're just saying they're sorry, they know my feeling. They're sorry,
and that they're they're keeping it pretty much hush hush
because they they're not gonna, like I said, they're not
going to go against his him. They're not going to
go against him.

Speaker 1 (02:01:14):
They know he's in the wrong.

Speaker 2 (02:01:16):
Where is the guy right? Where is the eight? What
is the ATF guys named?

Speaker 15 (02:01:20):
You know.

Speaker 2 (02:01:22):
What?

Speaker 18 (02:01:22):
They killing me?

Speaker 1 (02:01:23):
Sir? What's his name?

Speaker 3 (02:01:24):
A TF I you ask me for these?

Speaker 13 (02:01:28):
Please?

Speaker 9 (02:01:29):
Super Hey, supervisor, what's his name?

Speaker 1 (02:01:32):
But what perse I need it for myself?

Speaker 9 (02:01:35):
I'll get it to you.

Speaker 13 (02:01:36):
But I'm not going to do a fire on.

Speaker 1 (02:01:37):
A cold.

Speaker 2 (02:01:41):
You know what, these guys are being.

Speaker 3 (02:01:44):
Right, they're being real church exactly.

Speaker 1 (02:01:46):
I have the right for their name.

Speaker 3 (02:01:49):
That's wrong, it's wrong, bro, Just yeah, name a simple name. Brother.

Speaker 2 (02:01:57):
Don't get yourself, hey, Abraham, don't get you yourself crossways
with him? Are you gonna say?

Speaker 19 (02:02:06):
I have a supervisor from Lafayette going to be giving
me a call.

Speaker 2 (02:02:10):
Probably the guy he's talking to.

Speaker 1 (02:02:11):
There you go.

Speaker 3 (02:02:13):
You see how the tree to me?

Speaker 2 (02:02:14):
All right, hold on, we'll take it. We'll take a
quick break, hang on, and then we have some updates
right after this. I'm Tom Martinez three oh three seven
one three two five. I want to talk to Troy,
who has a comment on this situation unfolding live on
the air with an ATF agent. Walked through a locked gate,

(02:02:35):
went up on a porch, opened a screen door, and
then a front door. The dog came lunging and he
shot the dog four times. Again. We're hearing this only
from one perspective, the homeowner. We don't know if it's
absolutely as it happened, But Troy, what is your comment?

Speaker 13 (02:02:57):
Hey?

Speaker 9 (02:02:57):
Tom, The most likely reason at F agent would come
to your house would be if they're investigating a gun
that was used in a crime. The way it works
is the ATF will go to the manufacturer with the
serial number. Then the manufacturer will tell the ATF which
distributor that I was sent to. Then they go to

(02:03:18):
the distributor.

Speaker 1 (02:03:19):
Distriver says which dealer.

Speaker 20 (02:03:21):
Then the dealer looks in his A and D book
and will tell the ATF who they sold that gun to.

Speaker 2 (02:03:29):
So, yeah, because he did mention, he did mention that
his one of his wife's guns were stolen.

Speaker 9 (02:03:37):
Yep, yep, yeah that makes sense.

Speaker 20 (02:03:40):
And uh yeah, the ATF agent does have the right
to defend themselves. Yeah, I gets the animal, I didn't
diet buy big dogs and that that is no fun
at all.

Speaker 2 (02:03:55):
Do you have a troy. I'm not saying I'm not
saying he doesn't have a right to defend himself, but
what the hell is he doing walking up on the
portion opening the door.

Speaker 9 (02:04:06):
Well, so you know, to open the screen door and
knock on the door.

Speaker 1 (02:04:10):
Is one thing.

Speaker 9 (02:04:11):
And if the if the main door was not latch closed,
and you know he pushed.

Speaker 20 (02:04:17):
It open and yell hello and then the dog comes
at him.

Speaker 9 (02:04:22):
Well, you know what's he supposed to do.

Speaker 2 (02:04:28):
Well, He's not supposed to open the door and yell hello.
That would be my guess.

Speaker 9 (02:04:35):
If it's not fully closed and latched and he goes
to knock on the door and then pushes it open.
I mean, that's a good question for Chopper. You know,
when they come to a door that's not clearly closed.
You know, is it protocol to you know, push it

(02:04:55):
open and yell hello, or you know, because he's just
doing an investment, Jason, he's out there to arrest anybody.

Speaker 2 (02:05:05):
It's hard to say, man, I you know, without being there,
without knowing, and I I mean, I know what you're saying.
When a dog's running at you, what do you do
and you have a gun on you? I don't know.
I mean I've never been in that position, so I
can't say I don't know. I do know though, that
this is not the first time dogs have been shot,
and it happens a lot with law enforcement. They will

(02:05:29):
take no crap from a dog. None. If they're on
a property or investigating or doing anything or and a
dog threatens them, they'll shoot that dog without even thinking
about it. So who knows, I mean, without being there, Richard,
you have a question. Go ahead, Richard. What's going on?

Speaker 9 (02:05:49):
Yes, good happening, Tom.

Speaker 13 (02:05:51):
I enjoyed it, Joe, and I also had been on.

Speaker 18 (02:05:53):
Your referral list dot com and I also checked your
transcripts of some of the important articles. I'm in need
of a right service and I don't see anything on
referral dot com about you recommended a right service.

Speaker 1 (02:06:07):
I like to have.

Speaker 2 (02:06:08):
Well, we when you say a ride service, what do
you mean a ride service?

Speaker 18 (02:06:13):
Oh, I just need a trasification from where I live
to about five a little more than five miles from
where I live.

Speaker 2 (02:06:20):
Well, what about just plain old Uber or Lyft?

Speaker 18 (02:06:24):
That's where I'm I'm gonna ask you, Uh, is it
safe to use Lyft or Uber?

Speaker 1 (02:06:29):
I mean, can you give us?

Speaker 18 (02:06:30):
Can you give all of us.

Speaker 1 (02:06:31):
Some helpful hands about what to do? Okay, that's more.

Speaker 2 (02:06:35):
Here's what I'm Here's what I'm going to tell you.
Ride services are mostly safe, and I like them. I
don't like Uber because every single time I've used Uber,
my card has been hacked. I like Lyft, I do
not use Uber now. Listen, that was my experience. I
have used Uber every single time. My card will be

(02:06:59):
you the next day. Every single time. That's never happened
to me with Lyft ever, so I use Lyft.

Speaker 18 (02:07:10):
Okay, so you do recommend Lyft.

Speaker 2 (02:07:14):
That's why I recommend. I'm I mean mark. When you
guys travel, do you use any ride shares? I use
both of them.

Speaker 7 (02:07:21):
I just I've never had any issue with my credit
card with either. But I differ. I do not like Lift.
I use only if they're quite a bit cheaper. They
seem to cancel more. They just seem to have more issues.
The cars are a little more nasty.

Speaker 2 (02:07:38):
Okay, Okay, Now you use them far more than I do,
so that's possible. Like I said, I found good luck
with Lyft, But you know either one of them, truly, Richard,
They're they're they're pretty reliable services. I mean, every now
and then we hear about crazy stuff going on, but
for the most part, I like them. I like ride services,

(02:08:02):
and of course you still have good old Taxis, although
I don't know how Taxis are making it these days.
I'm honest to god, I don't know how they make it.
Because you can schedule Lift, you can schedule Uber, you
can have them there like clockwork, and I don't know
any do you know anyone that uses taxis still. I
guess their benefit of a taxi is if they're down

(02:08:23):
street and you're there, you can hail a cab. You
can't hail a lift or uber. I mean that's probably
see them. They're all over the airport, so still lined up.
They still do really well. It is taxis. Yeah, Wow,
who got more coming? Right up? Hi, Tom Martino? Here,

(02:08:46):
let's go to BO. Who has a follow up?

Speaker 1 (02:08:48):
Bo?

Speaker 2 (02:08:51):
This eighty one year old woman. This eighty one year
old woman, she had a leak in her apartment. They
moved her into another apartment. She said she developed the
roof leak in that apartment and the management is doing
nothing to help her. It sounds like this woman is
having constant problems. What have you found out?

Speaker 13 (02:09:09):
Yeah, Cheryl called in for a friend Peggy that lives
at the Highline Loft department at four fifty six Ironton. Yeah,
she had flooding from the apartment above her. She had
watering or light finistures. So I kept calling Sandra Martinez,
the local manager for RPM Living. She kept hanging up

(02:09:31):
on me, had no comment. So we eventually got a
hold of the general manager in Austin, Texas, his name.

Speaker 18 (02:09:39):
Is Cody Coppel.

Speaker 13 (02:09:41):
He would not talk to me, but because of our
relentless phone calls, they did get a hold of the
tenant and they're in the process of relocating her into
a better apartment. So that's my way.

Speaker 2 (02:09:55):
So this will be the second time. This will be
the second time she's relow.

Speaker 13 (02:10:01):
Yes, So I'm just going to follow up and make
sure this this second apartment is going to be dry
and clean for her. But they are stepping up and
helping her out.

Speaker 2 (02:10:15):
Why did they say they wouldn't talk to.

Speaker 13 (02:10:16):
You, because I said, as with the Tom Martino Show,
they don't like us.

Speaker 2 (02:10:23):
Yeah, but I wonder why we were just trying to help, right.

Speaker 13 (02:10:27):
I said, they would just say no comment and hang
up after three times, and then I was able to
get a hold of the manager. Now he the regional manager.

Speaker 9 (02:10:36):
He would not.

Speaker 13 (02:10:37):
Call me back either, but he did get our message.
So I'm going to okay TGI next week. But they
are moving along with finding her a second apartment.

Speaker 2 (02:10:50):
Well you deserve my dinger, that's for sure. That's a
good I haven't used that dinger in a few days.
But here we go. Yes, thank you, And you know,
for all those people that won't speak to us. I
don't understand why they won't talk to us. Now, Deputy Chopper,
you say you have a follow up. What's going on? Chopper?

(02:11:11):
This one's real quick.

Speaker 19 (02:11:12):
Just Jenny worked at Carl's Junior for about two weeks.
She was old four hundred and sixty six dollars. She
couldn't get paid. I reached out to tell her how
to get paid. She did get paid this last Friday,
so she got her four hundred and sixty six dollars.

Speaker 2 (02:11:30):
Good, good, good, And I want to remind you Dan
McKenzie when he's not here, he's at Coplans dot c.
You can reach him there A three three two six
seven fifty two sixty seven. That's mackenzie law. I'm Tom Martino,

(02:11:54):
Tino around the clock to get help three oh three Martino.

Speaker 5 (02:12:02):
Follow Tom Martino at Real Tom Martino.

Speaker 2 (02:12:05):
And stay connected with all of that at six thirty
k kyhow dot com and.

Speaker 5 (02:12:09):
On the iHeartRadio app. This is Denver's talk station, six
thirty k howse