(07/27) HOTL Hour 1

Handel on the Law, Marginal Legal Advice. 

Episode Transcript

(00:00):
All right, legal show is starting, and that means phone calls. That's
what it's about. And the phonenumber here, and we have lines open,
clearly top of the hour. Firsthour always the best time to call.
Eight hundred five two zero one fivethree four. Eight hundred five two
zero one five three four, andyou get to talk to our screenare richie,

(00:22):
And if you are particularly stupid,you're up at the top of the
list. If you are unintelligible,you're definitely at the top of the list.
If you are calling from some mentalfacility, or you are home and
clearly you have some mental issues,top of the list. If you are
astoundingly handicapped, for example, noarms, no legs, and you're simply

(00:43):
a torso with a head whoa rightup at the top of the heap,
And any combination of those brings youon top on top of the heap.
Eight hundred five two zero one fivethree four. That's eight hundred five two
zero one five three four. Andyou can call any time throughout the show,
although I must tell you that thereare times where I can go an

(01:07):
hour, hour and a half andthe lines are jammed and you can't get
in. Other times, you know, it's fairly easy. So the way
to guarantee you coming into the showand asking me the questions that are so
important to you that I probably don'tcare about eight hundred and five to zero
excuse me, one five, threefour. This is handle on the law,

(01:32):
marginal legal advice, where I tellyou, whatever your name is,
you have absolutely no case. Fairenough, Oh, you know a couple
of last couple of days. Forsome reason, it's like, I'm like
a dentist at a cocktail party.Could you take a look at this spreading
your mouth wide open. I thinkI have a cavity or something's going on.

(01:55):
Dennis love that they really do samething with. Doctors are constantly dealt
with, or constantly have to dealwith people coming up to them, friends,
family, strangers that are being introducedto them. Hey, doc,
I have this symptom. What doesthat mean? Uh? The only the
only doctors that I think should dothat are proctologists, and the potential patient

(02:21):
has to show them what's going onat a cocktail party. I'm fine with
that. And so I got alot of those for some reason. I
got him over the weekend, Ithink three of them, and over the
last several days and come on,guys, really, you know, are
you going to pay attention to me? You know, I don't get it.
I don't understand that. And Ihave an Instagram account at Bill Handles

(02:44):
Show in which people are telling mehow absolutely nuts I am and how I'm
horrible, and lawyers call me youdon't know what you're talking about, and
I go, of course not.Now, that's why I'm on the radio.
And that's a whole point of handleon the laws, and I don't
know what the hell I'm talking about. So there the show does very well.
Strangely enough, Also, I introducea new podcast that I started recently,

(03:09):
and it is the Bill handle ShowPodcast, and that is on the
iHeartRadio apps, the only place rightnow where it can be heard while we're
expanding the number of platforms. Andthis is if you don't have a chance
to listen to my Monday through Fridayshow on my home station KFI and Los
Angeles. I've created a podcast.Most episodes about half an hour, and

(03:37):
I either expand what I do onmy morning show or new topics, and
I don't have a bunch of commercialsin the middle of it. And for
example, my first two that Idropped simply my background, my grandparents having
perished in the Holocaust and my fatherhaving escaped, and his story. And
to tell you just how interesting hisstory was or is, two movie companies

(04:01):
optioned his story. And then mytravel seat on the States, having been
born in Brazil. So those arethe first two episodes, and then the
other ones are kicking in. They'reout Tuesday and Thursday. They drop at
nine o'clock Pacific time every Tuesday andThursday. Okay, let's do it.

(04:21):
And the phone number here eight hundredfive to zero, one five three four.
If you have a legal question eighthundred five to zero, one five
to three four. Let's go forit. This is handle on the law,
marginal legal advice where I tell youyou have absolutely no case. Here's

(04:41):
one where this gentleman he is MichaelBergheimer, has absolutely no case. This
is in Ohio and he goes toa wing's boneless wing outlet, like was
it buffalo buffalo wings? And it'scalled wings on Brookwood and he orders boneless

(05:04):
wings. And in this wings thereare bones or a big bone, and
he swallowed nearly a two inch bonessliver after ordering these boneless wings. Now
I tell people, so what howmuch dammage? Did you have a lot?
Now? But I swallowed the bone. In his case, man,

(05:26):
it was an issue tore through hisesophagus and require two surgeries. So of
course he takes wings on Brookwood tocourt and he is arguing he ordered boneless
wings, and the business said,wait a minute. And by the way,
he won the lower court. Sonow there's the appeal and the business

(05:48):
is arguing, this is chicken.Even though we say boneless, you have
to know that there is a chancethat there are bones in it, and
you sort of have to start eatingit as if there are bones. You
have to be careful, and youknow they're bone in chicken wings constantly,
you know, the little niblets andthe wings, and you eat them because

(06:10):
there are bones in them. Andthe store is saying he had to be
careful in eating the boneless wings becauseof the possibility that there are bones in
it. And so that argument,it's a good argument on both sides.
Got to tell you, I couldargue either side and it would work well.
The point is that he should haveknown. He should have known even

(06:36):
though he said they said boneless.There's an assumption of the risk that is
a legal concept that says you're assumingthe risk. That's like getting hit in
baseball and you're sitting in the standsand a home run is hit. You're
in the stands and it hits youin the head. Hey, you know
that's the risk. You know thatthere's a risk there, and those laws

(07:00):
suits don't work at least far outa field. Now close in, I
can be argued you need that bignet, which now baseball teams and stadiums
have. So the concept here isyou order boneless wings, you have to
assume there might be bones in it. You've assumed that risk, and that
is what the Ohio Supreme Court ruled. So he is out of luck.

(07:28):
Okay, otherwise, what do youdo? What do you do? I
guess that every single boneless wing,or every single piece of chicken has to
go through an X ray to determinethere are no bones. So the Ohio
Supreme Court said, yeah, youknow what the reality is. You know
you got to stay in business andorder boneless all you want. You know

(07:50):
what chickens have, They have bones, That's why they're called chicken bones.
Hello Sam, Welcome, good morning, mister Handle. I had a question
for you. Yes, a familymember. My brother took a loan on
my house, has been paying yearsand years the interests. The term of
the loan is close to ended.And I wanted to say, because the

(08:15):
property isn't my name or on mywife's name, I want to send the
letter to the bank explain the situationbecause he owned a property next door and
he has a loan on his propertynext door from with the same bank.
Plus we have equity almost one pointfour million dollars equity on his house,
and I want to notify the bankthis way this loan can be transferred to

(08:41):
his and getting no extension. Andbefore I go on your wonderful website because
I used it with a lawyer before, I just wanted your advice. Okay,
all right, First of all,all right, I got it.
Sam. By the way, whereare you from? Where's that accent from?
Originally from Jordan? Oh you're Jordan. Okay. I really love Jordan,

(09:03):
you know, amn uh Yeah.That's not the greatest city in the
world to see in terms of atourists. But Petra, oh Man,
Petra is amazing. Okay, Now, let me correct you. When you
said your brother took a loan onyour house. You took a loan on
your house, okay, because you'rethe one that put up your house,

(09:26):
all right, that's for starters,Okay, the loan unless you put up
the collateral of your house, theloan is in his name. And if
the which I don't understand how thatworks because people don't put unless he borrowed
money and then it was collateralized byyour house. So uh, you can't

(09:46):
ask the bank to transfer the prothe loan into his name. Why would
they do that because when I boughtthe property at that time, I was
overseas. Now who cares? Butyou know, Sam, who can?
They have you on the hook?Now they might transfer it. You call
the bank, but be prepared forthem to say no, and then you're

(10:09):
forced to pay off. And whenthe loan comes due at the end of
when it's called, because it's interestonly in the balance or the principles still
come due, then you either payit off because it's your house that is
put up. Either you pay itoff or you arrange another loan that you

(10:30):
will be responsible for. Now hecan go ahead and co sign on the
loan and you tell him you've gotto pay it off. Brother, but
you know, banks don't just turnaround and say we'll forgive the loan and
we'll transfer it to someone else.Unless collateralize your your your property is still

(10:52):
at risk. So you know,I mean, it was very nice of
your brother of you to have yourbrother borrow the money through you, but
you're the one that's responsible. Yourhouse is at risk unless both your names
are on the property or on theloan. Do you happen to know who
actually borrowed the money the loan it'sin his name, okay, and you

(11:13):
put up your house as collateral.Yeah, so you're the one, well
both of you. But I'll tellyou if there's a default, who do
you think they're going to go afteryou? You better have a conversation with
a bank and your brother if he'swilling to do it. All right,
eight hundred and five two zero one, five three four is the number.

(11:35):
And we are at this point strugglingfor phone calls. So this happens not
that often, but occasionally it willhappen. So for those of you that
happen to be listening, here iswhat you're going to listen to for a
few minutes until people start calling in. Jacob would you let them know,
baby checked, Baby checked, BabyMommy shut? Do do mommy shut?

(12:03):
Do? Do mommy shut? Okay, just saying that I've actually played that
for fifteen twenty minutes at a timeand that becomes no fund. So either
people blow their brains out listening toit, or if you're even thinking of
calling enjoy baby shark for I don'tknow, twenty minutes forty minutes an hour.

(12:24):
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dot com slash handle NetSuite dot comslash handle Edwin Yeah, Edwin, Yes,
good money you going, yes,sir, good, good, wonderful.

(13:52):
Actually I'm horrible, but it doesn'tmatter. What can I do for
you? I explained back in twothousand twenty two, we had a settlement
in my divorce and I gave upthe house to my to my ex wife.
I signed, I signed over thedeed to her, and we had
the understanding that she would refinance andput the mortgage under her name. Okay,

(14:18):
quick question. When you said holdon, let me stop right there
for a moment. You had anunderstanding is that part of the court order,
was that part of the divorce thatshe was to refinance the house as
you put it, or you gaveit to her under a quick claim deed,
Yes, sir, okay. Sothat's so it's not an understanding,

(14:39):
it's a straight out court order.Yes, okay, fair enough. Just
wanted to know, Okay, goon, and up till now, she
has not been doing that, andshe's claiming that she's not qualifying for the
mortgage, you know, to dothe refinance thing you stuff like that.
Okay, is she qualified? Holdon? Is she qualified? No?

(15:03):
Okay? So how does she geta mortgage? Or she's not qualified because
she got the inheritance from her twoof her okay, so she has the
money to so she has the moneyto buy the house. Yes, okay.
So let me ask you this.This gets a little problematic because the

(15:24):
agreement was to refy the house,and she's saying, I can't qualify to
refi the house. I am qualifiedto buy the house. But where in
the court order does to say I'mforced to buy the house or in the
event I can't qualify, I haveto buy it cash. It has not

(15:46):
say that in the court that's thewhole point, that's right. It doesn't
say that. It doesn't say inthe event I can't qualify, I have
to buy it cash. If Ihave the money. Yeah, So what
she is effectively saying is I can'tmeet the terms of our divorce decree.

(16:07):
I can't. And so you nowdo you get to file a suit or
you bring her back in court becauseyou already have a court decree and you're
going to argue with the judge,your honor. You have to interpret this
as if she can't qualify, shehas to buy it if she has the
money, and she's going to argue. You know what, there's nothing in

(16:30):
the divorce decree that says that you'rejust coming up with that, and you're
forcing me to spend my inheritance whichI'm going to use for living expenses and
I'm going to use to pay collegeeducation for the kids or put into my
retirement of fund. What you're saying, Edwin, is I can't do that
because I have to buy the house. What do you think that's true?

(16:56):
Yeah? No, I know,And I mean is it worth going at
least trying? May? Maybe,but it's uh, it's probably I can
do on my own. Is itsomething that I can do on my own?
Or should I judge? Oh?No, if you have to go,
no, you have to go intocourt. A lawyer because that argument
has to be argued, and thathas to be done very specifically the rules

(17:17):
of the court. Evidence have tobe brought in, uh, finances have
to be subpoenaed. No, Unfortunately, it's a little more complicated, but
it's it's a good question. Bythe way, it's a good question.
And it could be that a judgeis going to say, well, implicit
in that agreement, part of thatagreement implicitly constructively, even though it doesn't

(17:40):
say that, that's the way Iinterpreted that, it means don't know.
I mean, I think it's aloser argument. But still, Andy,
Hello, Andy, welcome. AllRight, you're losing, you're losing it.
All I heard is you have agreat show. That's good. I'll

(18:00):
buy that. Let's try to geta clearer line. Sure, okay,
okay, go ahead. Yeah.I have a friend from New York.
He inherited about twelve years ago,thirteen years ago, half of his mother's
estate. Okay, we were sevenhundred thousands. And the question is this,

(18:22):
he never went to New York tofinalize the paperwork. The mother had
a will, she had an attorney, she had it all documented and registered.
But his brother died the other halfof the inheritor was his brother,
and his brother died and his sisterdoesn't want to pay him his half.

(18:44):
She Oh, wait a second,the money. What does this was twelve
years ago? I'm assuming it's allbeen distributed. No, it has not.
How do you go twelve years withoutdistributing that much money when you have
a will or a trust. Theunfortunate thing is my friend did not take

(19:06):
care of business. Oh, clearly, So he got twelve years. So
he's coming back twelve years later.So he got half of it, right,
He never got his money. Henever got oh, he never got
his money. And now twelve yearslater a phone call is being made on
his behalf and it's a million anda half dollars, is what you're talking
about? It was a million?Four yeah? Okay, So is it
fair to say? Is it fairto say your friend is no genius?

(19:32):
I mean, right into he's amoron? Oh no, I'm being very
generous with him. He's beyond moreon one point four million dollars and he
doesn't touch it for twelve years andthen you call me, yeah, yep,
and he's so dysfunctional he wants meto check to see if the statue

(19:52):
limitations. Yeah, I think thestatue is way gone. Yeah, I
think the statue is way gone.But it's still worth finding a trust in
a state lawyer, any idea wherethe money went all to his sister in
law because his brother died to whoinherited? Okay, So if the money
all went to his sister in law, so the trust or the will is
done. So now he's coming backand saying, you distributed the money.

(20:17):
I was entitled to some of it. And now twelve years later, who
does your friend ask for the moneybecause the money is all gone, it's
already been distributed. Who does hego to and say I want my money.
Yeah, that's a big question.That is a big question, and
I don't know the answer. ButI'll tell you. What I do know

(20:38):
is your friend is a moron andwaiting twelve years on one point four million
dollars because he just didn't didn't takecare of business. All right. I
don't know what you do with that. Wow. Yeah, I would seriously
consider putting your friend in some kindof a facility for sure. Oh okay,

(21:00):
all right, Greg, you're upanother real question. What can I
do for you? Is this?Greg? No, you are Greg,
I am Bill. No, No, I know that you. Oh is
this too Greg? Yes, itis too Greg, Yes, it is
too great, very much to take. Yeah, thank you very much to
take your call. It's a twopart question for prob not probate, but

(21:22):
trust. Number one is my motherhas lung cancer and it's it's not good.
Okay, My brothers and I haveshe has a trust and we have
equal partnership. Okay that trust.The question I have is the house that
is owned by the trust. Dowe have to refinance any loans on that

(21:48):
into our names as it transfers over. It depends on what the It depends
on what the mortgage company, thedeal with the mortgage company it says.
If it says that upon the death, uh, the loan comes due,
yeah, you got to refy it. If not, or even if it
does, you call that. Youcall the loan company and you say,

(22:11):
hey, uh, there is aloan on this and we would simply like
to take it over. We'll bothbe responsible. And the problem is what
is the interest rate on that loan? Do you have any idea? Right
now? Yes, it's a sixall right? So uh all right,
so it's pretty close to what themarket is. And if I'm the loan

(22:33):
company, yeah, I'm going tosay, sure, you can take over
the loan. Uh. If not, they say you got to call that.
We're calling the loan if it's inthe agreement. And so you get
to look at the agreement. Andif they have the right to call the
loan, then they can call theloan, although I don't know why they
would because who's ever you're going torefy it? People are responsible for it.
Uh, they have good credit andso why wouldn't the bank refy it?

(22:59):
So look at the look at thepaperwork, and it doesn't even matter
because you can call the bank.Someone has a pencil, someone has the
ability to say I accept on behalfof the mortgage company the deal that Greg
is coming to us. Two peoplebeing responsible for the loan now at the
same interest rate or close. Heywhy not? Then they get the money

(23:22):
for you know, it's good foranother thirty years. The other possibilities you
simply sell the house. If theloan is called, then you sell the
house and the two of you splitit. That's the two ways of going
on this, all right. Thesecond part, if I may, is
what happens is you're supposed to refinanceit. You never tell of the bank
that the person has passed away,because this is another scenario. Well,

(23:44):
how do you refinance something you don'town? How do you refine? Answer?
Well, correct, no, no, no, no, I just
changed this scenario my grandfather's situation.He passed away and the three heirs are
now paying the note, okay,and they're reading out the property. And
in this scenario that I want toadd to is what happens if the bank

(24:07):
said, upon his passing okay,well okay, if you don't tell them,
they're not going to know. Igot it. People do that all
the time. I mean, youknow, what are they going to do?
Sue you? They're gonna call theloan if they find out, or
are they're going to force you torefly it? And your names? That's
all it has. Uh, letme ask you this has a title changed.

(24:30):
Granddad dying, he owns the houseor the trust owns the house,
and the house is now given totitle is now given to the three of
you. Do you know what happened? No, that will change the ownership
in this Yeah, that's right.And as soon as the ownership changes,
the mortgage company is going to knowabout it? Correct? Yeah, all

(24:51):
right, so yeah, the sameanswer. Okay, all right, all
right, not bad, not badin the world of questions. All by
that, Joanne, this is gonnaa really quick answer. Go ahead.
Yes, I did. Sorry,I called you a bit to go on

(25:11):
a water eater that was installed onSeptember fifteen. Okay, I don't care.
So what's your question? Okay?Was it a written agreement? There
was? Was there a po youcall the plumber and he wrote this thing
up? Yes, okay. Fouryears. Four years on a written contract,
two years on a verbal although plumbersdon't do verbal they do written contracts,

(25:36):
So that's four years. That's whyI say it's gonna be quick because
I actually remember that phone call.Uh, Louis Hello, Louis welcome.
Hey, how are you good morning? Yes? Go ahead. Is there
is there a state law regarding parkinga gas vehicle in an EV station?

(26:02):
No, probably not a state law, but I'll guarantee you there's a local
ordinance or there's a county organ orordinance. I don't think it's my state
because that is more a local issue, but guaranteed there is one, and
guaranteed uh that if someone, uhis parking in an EV charging spot and

(26:22):
you're not an EV, you're notan electric vehicle. Oh yeah, thank
you, you're done. Nice ticket, really nice sized ticket. Why do
you have an electric car? Didthis happen to you? Yes? I
have a gas power? Can Iunderstand? How much? How much do
they want? What's the Uh?What's the size of the ticket? Oh?
It was two hundred dollars, butthere was nothing posted. Uh.

(26:48):
You know what I still think now, And that's a good question. I
still think when it says or whenyou see an EV charging and you take
up that spot and don't let anybodywho's an EV charge there by the very
nature of you parking there, Iguarantee that there is a law, an

(27:10):
ordinance it says you can't do that. So your argument is it's not posted.
And the and I don't know theanswer to this one, and that
is if there is no posting,does that mean that you're not going to
get tagged? I don't think that'swhat it means. And by the way,
that means if there if there isno posting, someone's taken down the

(27:30):
sign. You can't read it becausesomeone threw mud on it. That means
you are not liable. I don'tbuy that. I think you're screwed.
Two hundred bucks. That's cheap.By the way, oh two hundred dollars.
What city are you in? ElMonty? Okay? Keep in mind
is La Elmany, La County?Yes? Oh, good for you.

(27:55):
So your two hundred dollars ticket isprobably going to be four five hundred dollars
because the additional assessments and fear.Oh I know. Yeah, yeah,
you're screwed. You're screwed me.Yeah. Don't take your gas car and
park it into an EV spot?Now? Is that? How horrible?
Is that? Is there a betterway? Yeah? Don't park it into
a handicap spot if you're If youdon't have a handicap placard or a legitimate

(28:21):
one, you do a fraudulent one, you get tagged the same seven eight
hundred bucks. Uh not fun atall? Uh? Steve, hello,
Steve, Hi Bill. Yeah,McDonald's is running. McDonald's is running the
currently the deal with you have thefive dollars meal deal where you get the
the mcdouble or the McChicken sandwich,right, and you get the French fries

(28:45):
and the yeah and the drink right. But well, I'm in California like
you are in southern California. Butwhen you go into the restaurants, what
they tell you is, well,that commercial is not actually correct. It's
it's it's five dollars for the forthe McChicken sandwich and six dollars for the
mcdouble. Okay, Well, letme ask you. Does the commercial say
five bucks for any meal or thosetwo meals? Is it just dead wrong?

(29:11):
Well, to me, the commercialsfrom what I said commercials, it
tells you there's a choice, youget a choice of one or the other
foray, fair enough, and they'retelling you you don't have a choice for
five dollars, right, right,But there's no there's a disclaimer at the
bottom of the commercial which is priceand participation they vary, which they tell
you. But to me, itseems like it's a classic bait switch.
Maybe yeah, maybe maybe and theyand here's the problem. They disclaimed it

(29:34):
at the bottom it says, uh, price and participation may vary, which
means it's it's all franchise ease.And this franchise is simply not honoring the
five dollars meal per the commercial.And you've been told says right there,
you've been told I know, butit just it just seems like it's just

(29:55):
it's a it's a it does classic, Yeah it does, Yeah, it
does. Yeah, somebody should fileI don't you know what. I don't
think it's going to happen. AndI'll tell you why. They've disclaimed it.
They said it may not be atthis location. And you've read it
right there, so you know thatbuck is going to kill you. I
understand talking about McDonald's by the way, or any fast food or any food

(30:18):
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(31:27):
handle on the law