The Troubleshooter 11-11-24

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The Troubleshooter Show. Now, Tom Martino, Hi, Tom Martino here, Welcome to the show. Three oh three seven one three talk seven one three eight two five five. Welcome. Let's talk about your problems, questions and complaints and do whatever we have to do to make your life a little easier. Say hello to the gang in the studio of your streaming. You can see them bottom right right now I can bring them up bigger in a minute. Here we have Joe Cannell with us, a sort of financial planner, along

Brian?

Am I reading that correctly?

Good morning, Tom, Yes, sir, I'm Brian the alright, So.

Let's bring up Let's bring up Brene to then we'll bring up Renee. She said she was a deal. What was Renee's issue?

You know?

To recap that, I'm about to recap that right now, as I always do. Renee moved into an apartment in March. She was quoted eleven ninety five for rent. However, this was the craziest thing. I don't know if you heard this, Mark, I think you did. You were on the call. Remember, she said she had issues, so she stopped paying rent for long time. Yeah, exactly for June, July, August, September and October.

She's nearly six thousand dollars behind, she said, the money to pay for it. Now, I said, Renee, why did you withhold? She goes, well, I had problems and as a result, she said she had to spend that money as a result of the problem, and she said she spent between one and six thousand dollars on aerosol.

Right. She said there was a putrid smell. She said there was a putrid smell in the apartment and a lot of other issues. The argument Renee's making, let's just cut to the chase rather than go to the math. The argument she was making is that the continued problems in the apartment cost her that much money to battle those problems, and therefore she could not afford to pay rent. Now, the math doesn't work out, okay, And technically, according to law,

They've already been to court. The judge has already signed off on the eviction. I mean, it's pretty much done.

Right, but she called us for help, and Brian wants to give his two cents as property manager and then we'll let Renee rebut that. But go ahead, Ryan, she was hurt on Friday. What do you have to say, Yes.

Sir, I appreciate the opportunity to respond tom Yes, the eviction's done over with. That was entered into Thursday. You know the court order will issue tomorrow, being today as a holiday. You guys nailed it. You know, she quit paying rent. She did have an issue. Her sons came to me over a toilet that was plugged. That's common. The building was built in nineteen thirty seven, you know, it's older plumbing. I loaned her son's a plunger. The

It.

He is lying to that.

Hold on, hold on, hold on, Renee. It actually doesn't matter. But I do want to ask him something. When they said the drains were plugged, is there a reason you didn't call a plumber?

Ryan, it's a clogged toilet, Tom. You know they sons asked to borrow a plunger. I mean, we've all plugged a toilet now and then it's not a plumber issue when it could be plunged. I loaned them a plunger, and I followed up, and my maintenance man followed up. They said they were fine. That was in June.

Okay, you're saying, what did your sons tell you?

My son's are right here and he and they there.

Everything they said is a lot that everything.

He just said, everything he said, So hold on, So you did not have a clog toilet, nor did you borrow a plunger? Just just one at a time, right now, just real quick, because I just want to get through her. Did you did you have a clog toilet? Yes?

I did, And then after that we had borrowed a snake from him.

Okay, you already had a plunder, and then we did everything we can to get the problem the snake.

And you did not tell him you were okay.

I never told him I was okay, never wanted she Never.

You told him that the problem was still you still had a problem. Okay. So did you use part of that six thousand dollars to call a plumber?

I was emailing plumbers and I was no, no.

See, if you call, let me give you. If you call a plumber, they'll come. You don't have to email them. You can just call and hold on and then the rent and then the rent that you withheld the thousand bucks for the month, or however much you would have been able to pay for the plumber, and that would have been justified. Did you do that?

I tried to get a plumber over here, and each time.

Well, why couldn't you get a plumber? Who did you call? I'd like to know who did not show up for a plumbing?

Call company?

And they all told them, the same team they were not allowed to come over here, would not allow it.

Because the property manager did not allow them to come.

They cannot here and help me. That is what I was told.

That's true, that's true, Renee, they won't. You know, here's the deal. You could have paid for a plumber. You're saying they weren't allowed in the building. Brian, what do you say about that? They said that the problem was not fixed. They borrowed a snake, not a plunger, and you kind of ignored it.

I didn't ignore it. I did check in with him. My maintenance man checked in with him, and they stated the plumbing was fine. That's the month of June. July, no rent, no issues, no nothing coming back to my office. August comes around, Reina, you've been calling the Renee. I know her is Raina Garcia, so I'm not sure what the discrace.

That's whatever it is, it is okay.

August twenty first, Tom, she left a note on my door because I live on site. I responded with a note on her door August twenty second, and then that night my maintenance man came over. He's on call. This is really important because when I was notified in writing, we addressed the issue. We were unable to snake it. The toilet was flowing, obviously because she resided in there for three months, so it was working. It just wasn't flowing.

Properly.

We tried snaking it out, couldn't get the snake all the way through there. We pulled the toilet loose from the floor, flipped it over, and we found underneath the toilet. Inside the toilet was a handheld battery operated Dremmel that had been flushed down the toilet and was causing the problems. It came from that toilet being fleshed down. It was caused by them, but either way we removed.

The Did you take pictures of that?

I did, sir, and that was evidence in court last week and that was one of the you know, the things that factored in. And her son even stated to myself and my maintenance man, that looks like my dad's missing drimal. So I mean, I'm still the landlord. I still have take care of plumbing issues. But this was induced by the tenant whoever fleshed that tool down or Raina.

I guess is it Raina or Renee's Reina? Listen, here's the deal. I don't The reason we got this guy on is because we didn't want to just leave you like we did on Friday. But still the cards are stacked against you. You was held six thousand dollars in rent, So to not have a penny of that, not a penny to get another place, is weird.

Oka, But don't say he's trying to say that I had no work in Fuming period like for a while there.

My sure this guy came on. This is Brian. Thank you very much, Raina.

I don't know before you go, yeah, you always want to help Raina.

You're not allowed to withhold rent. Do you understand what I'm saying that you withheld six thousand dollars in.

Rent and Tom I have a judgment coming for that. If she's willing to move out in the next couple of days, I'll just stick with the order for possession and I will not come after for the six thousand dollars judgment. Because you're trying to help her. I think that's the only thing we can do to help this young lady at this point in time. She does have a garnishable wage. I can go after her wages and garnish it. I'm willing to not do that. If she simply vacates my property in a timely fact.

I think I think that's incredible, Brian, incredible, Raina.

He's willing to drop Reina, he's willing to drop the judgement.

Okay, And what part of that don't understand.

I'm a single mother.

I'm a single mother.

I provide for my kids.

Reina. I understand. I understand that he's not going to come after you. He's not going to come after you for he's not Reina, what do you not understand? He is not coming after you for the six thousand dollars. You have just lived in a place rent free for six months, rent free.

But to clarify your statement right there, Tom, what Brian is saying, if she gets the hell out of there now.

Well in a few days, he said, I guess. But you know, Reina, listen, I think that is an incredible I think that's an incredible deal that he's willing to do if you leave, he's not going to pursue the past rent. You have literally lived in the place since June rent free. You don't think that's fair to make up for what you went through? And if you have w hold on just Reina, yes or no? Do you think that's fair?

Okay? If I had, if I had money like that to move, it would be possible. But I don't have family like that.

I don't have.

Money like that.

What did you do with the six thousand dollars in rent? We keep going back to this. If you did not pay six thousand dollars in rent, where is that money the third most expensive date? I mean, well then, so what you're saying is you couldn't have afforded to pay the rent anyway, and you're just looking for an excuse. That's what you're telling me. You're telling Oh wait, wait, you just told me you don't have the money because you live in the most expensive state. Okay, listen.

And by the way, it's a democratic state, so thank your lawmakers for that. It's it's a democrat and I'll bet you voted democrat.

But here's what I want to say. Okay, the bottom line is this, Raina. The bottom line is this You withheld rent and you're saying I didn't have the money anyway, even if there were no problems.

Because it's the most expensive state, Rena, you have presented me with a no win situations.

Since I moved in.

He can't even give me that.

But Reina, you didn't pay any of the prices. It doesn't matter. Did you pay the lowest one, did you pay anything you did not You did not pay rent. For God's sakes, Please don't teach your sons how to live like this. Let them know that you've done wrong and you need to fight for yourself in another way. You have a losing argument. I feel bad for your sons, Okay, I do, But you did this the completely wrong way, and you keep trying to make a case for having

Never over a clog toilet that they created. That woman was off her rocker man.

Even if it was a legitimate clog toilet. You can't withhold rent six months now. There is an issue, and I'll admit it. When you you want to get a plumber and you don't own the place mark you said a lot of plumbers won't go to it. There's not one on our referral list. It will, but what if you want it to pay? They don't want the liability. It's all liability. You're not the owner of the property man. This is this sucks so in that regard there, she couldn't have done anything anyway.

Well, okay, I just what what do you say? How do you accidentally flush a dremmel down the toilet, then not tell anybody about it, then start blaming the other guy, then withhold rent for six months?

Now.

I hope she's still listening because Brian said, if you're out by Friday, he's not gonna come after you. If you have a W two job and he gets that judgment, you will have money missing out of your paycheck very quickly. Do not be stupid and get in a worse position. That was a hell of an offer that guy made you. Now, suck it up, Buttercup. That means she lived even though it was inconvenient. She says she lived six months rent?

No.

Six thousand after her Nikki, what is your issue? NICKI?

Hey Tom? Yeah, so back in September. I believe it was twenty second. I'd have to look for the exact take. Around that weekend, my landlord locked me out with a good majority of my possessions still in there.

Wait a minute, Wait a minute, there's got to be more to it. They're not allowed to do that.

No, they're not. And this is a huge, huge, Well.

Tell me, tell me the circumstances, Nikki. You know we're going to find out anyway. So no matter how it sounds, whether you agree with it or not, tell me the circumstances leading up to it.

So I'm not sure exactly where to start for you.

Okay, how about this. Let me ask you this. How long I'm going to ask question? How long have you been living there?

I'm actually I'm not living there anymore.

No, No, I meant before I met.

You were I moved in.

I moved in on June sixth. I actually moved in on June sixth and started paying rent. He wouldn't pro rate.

He Okay, so you paid from June first, right.

Yes, from June sixth. I gave him the deposit at the beginning of June, and then.

I so you lived there June? You lived there through September twenty second, Yes, so it's safe to say, now, did you pay June, July, August, and September rent?

Yes?

Oh you did for all of those rents. Then what was the issue that made you get locked out that? Now we're at that part. Just if you moved in June and you put a deposit down, plus you paid June, July, August, and September, why would you be locked out?

See, this is where the backstory comes.

Go ahead, tell me the backstor room.

So I had moved in in June. I work, I worked. I've since lost my job over this. Also. Anyways, I worked at night and I made him very aware of that, and I said, so I sleep during the day.

Yeah.

When I looked at the room, now, this was a room that I rented from a man, not an apartment.

And what was now, wait, a room you rented from this guy that locked you out? Yes, okay, go.

Ahead, not reve on site. He has two of these properties, supposedly.

I how many people were renting rooms in the place you were in.

I was told that there were five total. Actually when I moved in, there were seven of us in.

Okay, that's fine, But you had your own room. Yes, okay, so a lot. Keep going, you told the guy. You told the guy, Hey, I work nights, I sleep during the day. Keep going.

And the beginning of June, if if anybody remembers, we hit some real hot days in there, and the air conditioning wasn't on when I first looked at the room. This was before I decided to take the room and gave him the deposit. I said, it's kind of hot in here. It was a converted garage. Attached converted garage was the room that I rented, So it was hot in there. And I said, I worked at night. What about the air conditioning? Is there any cooling? Because I

I said, okay, yeah, but it still doesn't matter. You paid for rent, so why did you get locked out?

Well, so, two weeks into living there, he finally got around to turning the air on. But that day, that Saturday, he came all for and started screaming in my face. This is two weeks after he took my money, that I was a problem, all the other tenants had complained about me, and I needed to leave.

Okay, So then what happened?

And this was about the air conditioner. He said I was a real piece of work and that I just needed to go. And I do have the text messages.

That I know.

I get it, I get it immediately.

But I need my money back.

What money back?

The money to move?

Money deposits?

Well, hold on, hold on hot Wait wait you moved in the sixth right right? When did he ask you to move out?

Two weeks after that? It was a Saturday?

So you wanted some pro rated money back?

No, what I wanted back? Because he screamed in my face in front of the other tenants as well as the neighborhood.

But you wanted Did he offer any money back?

No, he didn't offer anything. I told him if he wants me out, because he screamed at me that I needed to go when I needed to leave immediately.

But screaming doesn't mean hold on. This is where I have to get this across. Screaming at you doesn't mean you get the whole you get everything back? You you would get everything back except two weeks. That's all, and that's reasonable. But he wouldn't give you anything.

No, he did not, And why then let me ask.

You something, Nikki. This is what I find odd. So he wouldn't take it. He wouldn't get no, I'm not going to give you a refund, get out. So in July, when you paid rent, why didn't he say I'm not accepting your rent, I want you out.

He didn't.

He didn't want say that.

He said, he said, let's give it a try, okay, okay.

Then then then in August you paid hold on, hold On. Then in August you paid rent again, correct, yes, and he didn't say get out, right.

No, okay.

Then in September, then in September you paid rent again, right, yes, okay, and then all of a sudden, on the twenty second, you're locked out hold on. This is the part I find shocking. That he said let's give it another try and accepted your rent all the way up till September, and then suddenly you were locked down on the twenty second. That doesn't sound right. That sounds like your rights were violated. I want to know the details, though, I want to

It is a it is I don't even understand what's wrong with anything that was just said there. If that, let's say that was really said, what's his point? He basically called him self white trash with money. Okay, yeah, what he's trying to say is there. They just don't think much of people, is what he's trying to get across.

By the way, I do want to say this seriously. I know people people that outstop making your comments, but they're all true. So here's the bottom line. The universities and colleges, honest to God, throughout the country have safe spaces for kids who are feeling threatened well by the election results.

If these if these colleges like Metro here in Denver don't get their uh you know hamas Palestine situation cleaned up, the FEDS are going to cut them off from funding anyway.

Nikki here, Nikki, listen, I don't understand this. And and truly I take everyone out their word. So if you were paying your rent and you got no notice to vacate, nothing, and no written nothing, and all of a sudden you go back home on the twenty second of September and it's locked. What did you say when you found yourself locked out?

I simply took a video and I had a friend with me as a wish that that had happened.

Did you, for example, call the cops, Nikki, I mean, I'd like to get this rollout a little quicker.

And what did the cops say?

I tried to call the North Glen cops twice the night that I discovered the evening. Okay, it was a little bit later, but not too late. Okay, it was still full daylight, probably around five, And I have it on the on my other phone that is disconnected, but I still have.

All those Well, did you call the landlord too?

I called. I called the police because the landlord had been nothing but hostile to meet Tom. Everything that I texted him, every I never got responses.

But he never asked you to leave.

No, he screamed at me the one day that I needed to leave, and then when I was handing money, he was nice as pie.

Right, No, I understand, but that was way back. That was way back in June. Hold on, way back.

This was every month.

Oh, he told you to leave every month.

Well leave or that. You know, I was a prom.

Okay, but he kept taking Okay, I get it. He didn't like you, but he kept taking your money. So that's not the way to do it. He should have said you're being evicted and noticed you. But you never got an eviction notice.

No.

No, well he can't just lock you out. So what happened then? What happened then?

So he, from my understanding, and the other people that rented there at this particular place, they had done this to former roommates.

I'm only worried about you right now. So what did you do?

Right? They had just harassed the roommates that are still there.

What did you do? No, Nikki, I'm talking about you. If we can't talk about you, I'm done. On September twenty seven, second, when you were locked out, what did you did you call him?

No? I didn't call the landlord because of the hostility and.

I okay, so what did you do?

I did call the norm Okay?

What did you do other than call the police?

I did you the police?

Okay? Did you find another place? Niki?

I did tell dispatch what was going on?

Did you find another place? Nikki?

No? Because I haven't been able to afford it.

Have you been homeless the whole time, Nikki?

I haven't been totally homeless. I've had that I had. I had gotten the rest of my things from my ex and stuff.

And this guy still does this guy still have your personal belongings.

Yeah, he does.

This is ridiculous.

Yeah, I'm sure they've gone through everything and done it. They had done from what the other renter said they had done this to previous.

How much did they take of your stuff? How much personal stuff did you have there?

I had clothes, I am a licensed hair professional. I had brand new tools that I had bought to the tune of almost one thousand dollars.

Okay, listen, Also, let me ask you this. Let me ask you this. So since that time, you've not been in touch with him at all?

No. I did try to call him and left a message.

He never responded, Well, we need to do it for you.

I don't. I'm not ready to contact him yet because I'm not sure I have There is a lot going on here, Tom, What do.

You want us to do? What do you want us to do? Nikki?

I need somebody to help troubleshoot it with me.

I can call over there.

Yeah, she doesn't want us to do right now, Nikki, here's the best thing to do, Nicki, Nicki, here's the best thing to do. You're not there any or he can't do anything to you. We call him and say, look, even if she was a pain in the ass, even if she was a major pain in the ass, you can't just lock her out and keep her stuff. Okay, you got a problem, sir, how are you going to solve it? That's what we need to do.

But with the harassment between because the police were at the property multiple times, and they had been there prior to.

Me, Moniki, what else do you want people, Nicki?

Criminal charges from one of the from one of the freaking tenants setting me.

Up, okay, and it was so weird that.

The camera that's still okay.

What criminal charge do you have?

Well, I have a I have two citations. One was because I broke into a guys room. I did not I was looking for my cat she had ran off.

Nikki, I'm not I'm not asking you if you agree with that charges. What do you charge mister?

Criminal mischief and trespassing is the one, and then the second one where the camera was on the rail of the downstairs rails. Nobody positions cameras there.

What would you like us to do? Nikki? What were you charged with the second one? What was the second charge? Okay, listen, here's Nikki. I know this sounds crazy, but even with those charges, he still had to do it the right way. Okay. He's not allowed to keep yourself.

I know that.

Okay, So here's what I'm asking. Please answer me. What do you want? You know? All right, I gotta take I'm Martin. We have more coming up on the Troubleshooter show. Trespassing for God's sake, go with a sure thing Denver's best roofer Excel Roofing dot com. You don't pay a cent until your content time for an insurance checkup free, no obligation. In comparison, call Compass Insurance paying too much your coverage at dozens of insurance companies find out now

That is right to them, you know. But before I do that, I like to send my hellos and my greetings to my fellow veterans. Today is a veteran day for all of us. And that's when I begin. During the Vietnam War, I begin to really start thinking about becoming a certified financial planner, which I did because I saw a lot of people and the richest, you know, country that we have in the world, which is America. You know, I saw people that actually succeeded financially and some people fail financially.

And I and I was perplexed by that. I want to find out.

What made them successful, what made them failures financially? So I have noticed that the stock market is very cyclical, and what they need to do, they need to be able to take care of their money, be safe with their money. First of all, they got to save it, not spend it.

And they have to make a girl okay, and they have to have some guarantees which before were not available. We'll talk about guarantees coming up. Joe, are you a veteran? I am a veteran. Okay, I talk about that too. More coming up on the Troubleshooter Show. Go with a sure thing Denver's Best Roofer Excel Roofing dot Com. You

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Come Dick is the Troubleshooter Show. No Tom Martine, Hey Tom, Martino here, Welcome to the show. Three oh three seven one three talk three oh three seven one three eight two five five. What's going on in your life? How can we help you? We are going to take your calls right now and UH you'll see we have a studio full including Joseph Canno, UH financial Planner, Certified financial planner who is UH with us today discuss various options as you get older for retirement accounts. You might have

Well, there's there's a statute that allows them to pull rent in a very limited circumstance. It has to do with a warranty of habitability item like he no electricity, something like that, no water. If they get the landlord notice and the landlord doesn't fix that problem, then the tenant can go out and get an estimate from a third party contractor to fix that one problem, and they can withhold that exact amount they would have to pay to a third party contractor to that problem.

Now, Mark, tell him about the problem though we have with that. Well, this happened to be a plumbing problem. And Brad, generally speaking, you're not going to get a plumber to come into your apartment because you don't own it. The plumber would be insane to go in there because of the liability.

Well, unless they get paid up front, no, no.

No, But even then they don't want the liability. We've had situations where they have said they won't go to a house. But that's not your problem, Brad, that's not a legal problem. That's but that is something that comes up. But what you're saying is for them to protect themselves in court, they need to have that money either go towards something or be held at least for something. Because

I think that's kind of the fluff that a judge wouldn't look at some of his game calling and so called harassment. The judge would focus in on the exact problem that makes it uninhabitable, with the cost to fix that. What notices were given to the landlord, and how much time was given for the landlord to cure that problem.

Okay, what if I went to court with the money that I had withheld. Let's say it's three thousand and I say, your honor, I just wanted to get his attention, and this was the only way I could do it. I have the money to pay. What do you think would happen in that case?

Well, under colorad of law, a tenant actually can cure late rent all the way up until the moment that the judge enters an order of possession for the landlord. So yeah, they can take They can basically try their case and lose the case. Just before the judge enters a judgment, say okay, I've got the money, here you go, and then no harm fell and it is reinstated.

Okay, So now let's go to Nicky's case. This is a weird one. Nicki said that the land basically she was renting a room from a guy who out of place and was renting out four or five rooms or whatever. However many doesn't matter. He's renting out rooms, not the whole place, and there's some bad blood there. They supposedly the landlord didn't like her and maybe a fellow tenant didn't like her, and he's been asking her to leave since she moved in. She moved in in I believe

Hi, Tom, I don't have the exact dates with me, but what month I'm in?

My month?

August? They were both in August.

Okay, so he took rent for September from her, But then suddenly when she came home on September twenty second, the locks had been changed. So what you know?

She said he never evicted me even though she was not a restraining order.

But didn't she have a trespassing order?

No?

No, no, no, it was Mark, Mark. The charges she did have charges. The exact charges were what Nikki Telbrad.

They were on the one citation it is criminal trespass and uh no, criminal mischief and trespassing, and the second one is harassment. And I have just started my court dates. There's no judgment or anything at Okay, point.

Now, Mark, As far as the trespass that was for going into somebody else's room, that wasn't but it wasn't in the same place. Mark, Yes, but it's not a it's not a restraining order to keep out of her room. Okay, Now it has to do with trespassing that guy's room. But listen again, I don't want to try those cases. I just want to ask Brad. Would he have reason to lock her out without due process?

No?

Locking a tenant out is giving your self help by the landlord, and we get the landlord in trouble. That's liability for an illegal addiction.

And he also kept her stuff and won't give it back.

Yeah, that's that's liability for the landlord.

What can she do about it?

Well, you can see the landlord for illegal addiction and loss of property?

Am I on the phone?

Yes you are, NICKI, Oh okay.

So what I thought about this when you were on break? What I'd like from you guys as a lawyer referral to help me kind of tile this together, because, like I said, some of this is civil. Well, you got to pay for an attorney, you understand, Niki, right, And I don't have the money for that.

Well, then I don't have a referral. What you're asking for is a free attorney, right.

No, No, I'm not asking for a free attorney. I'm asking for maybe a contingency attorney. Because you know, if I.

Had to pick, if I had to pick the biggest myth in life, the biggest myth is that attorneys work on contingency. I can think of maybe one or two times. One of them is personal injury. But people think that there's this pot of gold that attorneys strives for and they're going to take a case on contingency.

I'm not.

I'm not making fun of you, Nikky. I'm telling you the truth. Attorneys don't work on ninety nine percent of the time. But let me ask Brad, Brad, do you do you ever take cases on contingency? I'll ask you straight up, No, I worked by the hour.

Contingency cases are those, like you said, are where there's a pot of gold at the end, where there's a lot of cash, that where an attorney can take their third. For example, I don't be the type of case.

Okay, on my side, somebody who would do a free consultation with me and listen to it. Who might be willing to do that.

Well, let me ask Brad something, Brad, is there anything that the landlord might have to pay?

Let's pretend the landlord does have assets.

If he is hold on, if he's actually found guilty of doing all these wrongdoings, can they get attorney's fees? Can they get other things? Or there's nothing, there's nothing like that in a case like this.

Oh no, the landlord.

Tenants atchets in Colorado do provide for attorney fees for the prevailing party or for the tenant who's prevailing party, and also so for some fines.

So saying that, why wouldn't there be And I'm not an attorney, I'm not saying I would do it if I was. But I'm saying, if they can get it, and they hear her and they talk to her about the case, and she proves this guy actually did everything she's talking about. Why wouldn't someone take it on contingency?

There's not enough money? Well, that's what. Well, there's attorneys fees.

There, well the amount of attorneys.

Okay. First of all, First of all, wait a minute. When it comes to damages, you see, you're under the mistaken impression, Nikki that if somebody has money, then damages go up. That's not true. Damages are damages. If you have let's say, one thousand dollars in damages, it doesn't go up to ten thousand. Of the guys a billionaire, No, I understand that. Okay, So what are your damage let's

Right? According to Colorado state law, if they lock you out illegally, and there is only one reason that a look, that they can lock you out. And that's if you are a manufacturing mess, which I was not. Under the Colorado Statute, it says that you are entitled to five thousand dollars or three times the rent, the five whichever is more the five thousand dollars.

Is that right, Brad?

I think that's right.

Yeah, Okay, So what you're saying, so so you would want an attorney. Now listen, So let's let's just say let's say five thousand. Let's say ten thousand, So an attorney would work for a third of that three thousand dollars. No, No, No, plus attorney's fees. Oh eight? Does it?

The landlord will be responsible for Brad?

If it? If the attorney would be responsible for landlord fees, why wouldn't someone do a consultation and then decide it might be worth it.

Well, that's not the kind of money that more, They say contingency type of a lawyer.

Well, I'm not talking about contingency. But if you're going to get paid by the court, if the court orders attorneys fees, isn't that as good as being paid?

Well, attorney fees are not guaranteed. It's something that you go for after you win and the court it all times has discretion to award anywhere from zero present to one hundred percent of attorneys fees. Sometimes, Okay, they don't award them if they find it it's not equitable.

Okay, I didn't know that.

So that's so for me, Brad to write a letter to this guy and say, look, this is what you all according to the statute, I mean, what would that? That would take a couple hours of time, right, probably?

Yeah, So I don't just start writing a letter. I have to look at all the release and correspondence.

Exactly, So a couple hours. So, Nikki, it's unfortunate, but I don't think you're going to find someone who's gonna do it.

Wait a second, I just thought of something. Suzanne's been helping out those Texas kids.

Through legal aid.

I bet I bet they would jump on something like this, wouldn't they.

Actually I called them and they are not taking eviction or landlord tenant cases at this time.

Oh wow, that means there's a million of them out there.

I have actually researched some of this, and I had hit a wall with what to do because I know if I filed through Small Claims court in order to collect from this man and get anything of what was left in that room, especially of my professional tools, is going to be difficult.

Well wait a minute, you're signing you got more than seventy five hundred bucks worth of stuff in that room.

I would say between the five thousand dollars of Uh.

She's talking about what's statutory, what statutory as well as.

But still why not go after the seventy five hundred though, Brad, Brad, dude, let me ask you, I'm Brad.

Those statutory damages, do you get to add to them your actual damages? Yes?

I think so, because that is what I read. The loss of property like your furniture is another thing.

Okay, yes, so small claims is hard to collect on and it would cost me money to file in small claims. And that's why it.

Costs fifty dollars fifty five bucks. I mean, Nikki, that's no big deal.

You know what, dude. For somebody who has fifty five bucks and something in their bank account that works, I don't have anything right.

Now, Okay, Nikki's Niki, Nicky, I lost my If we filed, if we paid for it, if we paid, you helped you pay the fee, would you file a small claim.

I would consider it that I don't have the information in order to collect from him, though.

Okay, and listen, then here's what I'm going to go back and Brad O'Brien, by the way, olslaw dot com. Brad, thank you so much for all which coming on seven to zero three seven zero seventy three eighty eight. If you're a landlord, you want to do things the right way, call him please and now, now, Nikki, here's the deal. What do we Why don't we have Bo who's sitting in the studio. He's a smart man. He he understands the issue. Why don't we have him try to negotiate with your landlord?

Like I said, there's a lot going on, I believe.

Yeah, all right, Nikky, we can't help you. I'm sorry, we tried. Thank you very much for calling three oh three. We can't get you an attorney free. Sorry nor on contingency three O three seven three three eight two five five. Go with a sure thing Denver's Best roofer Excel Roofing dot com. You don't pay a cent until you're content. Time for an insurance check up free, no obligation. In comparison, call Compass insurance paying too much your coverage at dozens

Good morning Tom? I'd like to say right off the bat at Uh. You and your staff are awesome for the way you handle and help people.

Well, thank you. We try, Karl, honest to goodness. A lot of people agree, some people don't. So what's going on with dental plants? They're very, very complicated?

Yeah they are. I can I've got four pages. Who if you want me to read it all?

Or no? No, no, here's what I want to know. Let me ask some basic questions. Then you can tell a story. I take it you had dental implants.

Done upper and lower.

Uh. And when you say implants upper and lower, were they to hold dentures or were they individual teeth?

No, they're to hold the to hold the plates teeth.

I get no, No, I understand, But what I'm saying is this. There's two ways implants are used. There's one way where one each tooth gets an implant or a screw and then they put a restoration on it. The other way is, well there's three ways. The other way is a full mouth on the top and then they then they place the anchors which are implants, and then

Well, there was most most of the time. When they do that, they put four up and pour down. In my case they done five up and they've done six low.

Okay, okay. And so when they did those did did did you get the restorate? Did you get the dentures done too?

Yeah?

When they when they do the upper, that's what they do first is the upper, and they'll put a plate in there then and then the next day you go back and they do the lower, and they'll give you the lower.

Okay. And and by the way, they don't all do it that way, Carl. Some actually wait a long time for the implants to heal. The these dent in a day or dentures in an hour or dentures in a week. There's a controversy. Not everyone agrees to that procedure. But you had the plate put in, but you didn't have the actual denture made and put in that day, did you.

No.

No, it's just a temporary is what it is, temporary upper and lower.

Okay, So what's the problem.

Well, just like you just said, I didn't realize that some dentists or some surgeons wait to let your mouth heal, and that's my problem. My mouth has not healed.

Okay. But you didn't get your permanent dentures yet, did you. No? I haven't, okay, So what would be wrong with letting it heal and then getting.

Them, Well, it wouldn't be anything wrong with it. It's been over a year.

Wait a minute, so your your implants are still bothering you after one year.

Yeah, the temporaries are still bothering me after one year, Tomas. What happened is they done the lowers or uppers, and then I went back. They've done the lower. At that time, they suggested that they put another stud in the bottom of my jaw, So I went back on the seventh.

Right, So that's why you have this, That's why you have the six lower ones. Right.

Yeah.

So hey, hey Carl, real quick, Carl, when you say temporaries, they're temporary teeth, right, right? So can I ask you something? What does the dentist say of your dentist? What does he say about the implants? I imagine it's the implants bothering you, that the stuff that goes into your jaw, because the temporary teeth don't have feeling. So what's bothering you The placement of the temporar worries and how they fit or the actual implant into the bones.

Well, let's see. That's where I'm not sure because I don't Okay, I have a second opinion, second opinion.

Why why haven't you had a second opinion? I have?

That's what I'm saying. I did.

And what did they What did the second opinion tell you?

The first opinion told me that he took an X ray of my mouth. He come back and he says, I'm gonna be honest with you, Carl. That's a mess. He says. The only way you're going to fix that is to pull them out. Pull that stuff out, go to a bone specialist and have them fill up the holes and stuff. And I know you don't want to hear this, but you're going to have to go to Daners.

Well, of course you're gonna have to go to dentures. That's what that's what implants hold dentures? Is he saying that your your bones are too damaged now to hold new implants.

If what he's saying is the method that they use in the in the operation that they did putting those studs in the way they did, is why or I'm saying now is why I My bones.

Are okay, So Carl, So Carl, I get it, I get it. They're they're saying that the implants were done wrong, the studs, whatever you want to call them, they were done wrong, and they have to be removed and your bone has to be repaired. That's what that dentist said to you.

Right, Well, what he said is you have to take them, just to take everything out of there and have a bone specialist fixed the bone.

That's what I just said, Carl, That's exactly what I just said, take everything out and repair the bone. That's a yes, that's what the dentist told you. Yes, right, okay, But then he said you probably can't get new implants. You probably have to do conventional dentures. Is that what he's saying, Yes, sir, okay, now as that that's a pretty serious accusation. Did he say it looks like malpractice to him?

Well, no, he didn't say that.

Okay.

In the second the second opinion I got, he basically said the same thing. He says, that's a can of worms.

Okay, did either of those opinions they were not the original doctor or associated with the original doctor. Is that right?

No, they sure wasn't.

Okay, you need to sue this guy or he's got to be able to do the repairs and make you whole again without charging you. Have you paid the first dentist?

Yes, how much I pulled the loan out to do it. But how much how much I've done that?

Lord?

How much? How much?

Eighteen thousand?

Thank you? Keep going with your story. What did you say you took a loan out?

Okay, when they took when they'd done the lower ones and they put that second study in, they moved the that was on the right side on the left side. They moved it to align with the right side.

Well, it was.

Supposed to take an hour three hours later, there's Carl.

Carl, we've already established, We've already established with two dentists that the guy was a clown. Okay, so you don't have to sell me. Now, you got to do something about it. You got I'm serious.

I wanted to tell you this. They when I started to wake up, they started shooting me, pulling numb jill.

Okay, Carl, I get it. And guess what, Carl, I get it, Carl, I get it. The first dentist, Carl, the first dentist was clown. I get it. I get it. Now we have to do something about it. I mean I I you sold me, Bro, you sold me. Have you talked to attorneys about it?

Welcome? This is the funny part of it, Tom. I've talked to turn out, not too directly to an attorney, but they're associates. And then noem want to do anything.

That's because Okay, Carl, Carl, hold on, let me come back to you and give you some dose of reality. Okay, Then we're gonna see what we can do to help. Hang on. I'm Tom Martinez. Three oh three seven to one three talk seven one three eight two five five eight eight eight. Heating dot com will get you a deep clean for forty five bucks and the best value anywhere.

Carl.

There's no doubt in my mind from what you're telling me, if I take you at your word that if two dentists said this, this is terrible, and it all has to be removed and redone, and you're gonna have your bone has to be repaired, and now you're not gonna be able to ever have implants. You're gonna have to go with conventional dentures. And this dentist screwed you up. You have a case. Here's the age old problem damages

What's the name of the group that did the implants?

Oh?

Should I say it?

Or yeah? Of course you can if you're telling me the truth. Who is it?

What's Colorado Surgical Institution?

How'd you find them?

Off to TV? The other had an.

Ad Colorado or Colorado Surgical Institution. Yep.

It also seems to me, Tom that if he paid eighteen thousand dollars for at least eleven anchors and you know that's that's like Ridikie underpaid, way way underpaid.

But he still didn't deserve to be screw.

No, I'm just saying that should have been a red flag. But have you Have you called Leventhal and Associates?

No?

I sure have called them when you said you called attorneys? Who did you call?

Well, I don't have a list of them right now.

And Carl got it? How old are you, Karl?

I don't have it with me right now.

How old are you, Carl?

I'm seventy four.

Okay, listen, here's what I want to tell you on these When you make a call to an attorney, did you try to explain your whole story.

Yeah, they'll kind of take a summary of it, but don't know.

Here's what you tell them. Here's what you tell them, and if you, if you, I promise you, this is how you say it. You had eleven implants and temporary dentures put in okay, and two other dentists told you they are completely wrong and screwed up. They have to be removed. I'm going to have to have my bones repaired and I can never wear I can never have dental implants again. I will have to go with regular dentures. That's all you have to say. I'm in constant pain

Yeah, I have believe me. I have pressure in my upper jaw all the time. Carl.

Did you hear what I said?

Yes, But I wanted to put in there that if I wanted to add to that that I've had that upper place being broke five times. They had to replace it.

Okay, Carl, please please, please please to get their attention. You've had eleven implants and temporary dentures. You've been in constant pain, and you went to two dentists who told you. Both of them told you they were done incorrectly. They must be removed and your bone has to be repaired, and you can never have implants again, and you have to go with conventional dentures. That's all you have to tell them. And you tell them you're in tremendous pain.

The lawyer's phone number or name.

Again, I don't know.

Well, I would start with the best. Okay, there's two eleventhhal deputy doc knows from his days as being a doctor. They they're known for malpractice. I mean for hand best Levenhal.

Okay.

Then hold on, we have somebody else. You should call one eight hundred attorney and that's Marco ben Denelli. Okay, and then he's on our referral list. We know him well. I want you to call both. All right, we wish the best, Carl, I feel really bad for you. By the way, did the original place offer to do anything for you?

Well, this is the thing, Tom, They've been a year because I keep biting my lift.

Okay, Carl, I'm going to ask you this again. Did they offer to do anything for you?

Yes? Yes?

Okay, hold on then hold on, I want to know what they offered. I'm Tom Martine. Go with a sure thing, Denver's best roofer Excel Roofing dot com. You don't pay a cent until your time for an insurance checkup free, no obligation. In comparison, call Compass Insurance paying too much your coverage at dozens of insurance companies find out now

You got to hear this quick news story. It's very true, man, It's just it'll take what fifteen twenty seconds?

Say go ahead.

Texas police say a woman was banned from a local Walmart after she spent several hours driving an electric shopping cart around the parking lot while drinking wine from a pringles can. Police were called about a suspicious person.

Around nine You can't you can't make that stuff up. Man, No, nope, no, no, Hey Carl, what did the previous dentist that did this screw up job? What did they offer you this surgical center?

Well is what they They've changed the plate? What's going on? Is I'm biting my lip?

No, I get it. What did they offer you though? As far as do they agree that the implants are bad?

No, no, they do everything but to say that, Okay, so I can blow air. I can blow air between my opera roll my gum and the plate. I can blow air through it. And he says you might have to live with that. Well, that's not what I asked for. I want a good job.

Yeah, hold on, do you want someone to contact them and try to work this out? I want to give it to deputy doc. Do you want to do that? Let's see if he does, and if so, give it to doc. I'm Tom Martina. Go with a sure thing Denver's Best roofer Excel roofing dot com. You don't pay a cent until you're tenth time for an insurance check up, free no obligation comparison call compass insurance paying too much your coverage at dozens of insurance companies find out now

RiPP you need advice? Who you don't have? Come run anxious.

Fast as we can.

Shooter's gonna help.

Come Man six is the Troubleshooter Show.

No Tom Martinez. Hey, Hey, hey, welcome to the show. Three oh three seven one three talk seven one three eight two five five. What's going on in your life? If you have a problem, question and complaint, you can give us a call. But right now, Mark's got Joe Kano, certified financial Planner in the studio along with Jordan Caano on the phone, and guys, we want to run up some numbers. We're always asked Mark, We're always asked this question. So let's constantly.

Well, it's this we talk about to guaranteed income. We talk about different aspects of annuity. We know the product you guys really like as a fifteen percent bonus. But here's the bottom line, Like, give me an idea of for a forty five year old puts one hundred thousand along with the fifteen percent bonus, and he wants to start taking the money at age seventy five, how much is he truly guaranteed for the rest of his life, same with a fifty five year old or a seventy

So let's take him on at a time. Let's go forty five.

Well, yes, forty five, Jordan here, I'm still running numbers on the other two. Shabat they on those ones real quick. But as part of the forty five year old Neil one hundred thousand, just jumping in putting the money in thing added by the age of seventy five, we're talking

So this guy's going to get three grand a month if he puts one hundred grand. So if he accumulated one hundred grand and a four to one kre or whatever or any kind of any kind of fund and he puts that in an annuity, a fixed index annuity and just let's sit there.

Yep.

But that didn't even include the bonus money. No, it did, right, that's with me.

That's with the bonus. You have to be okay with the bonus kday one yep.

And you said that was the guaranteed amount. I mean, like, how much could that be?

So so the key thing is think about thee hundred thousand he starts with that, with that bonus of fifteen by the age of seventy five. And again this is using historic numbers, so this isn't this guy's using the

So they could take.

That, They could take that close to three quarters of a million as one lump sum. I'm not saying anybody would want to, but you could. Well what happens if I did that at age forty five? It's a little too late for me. I'm fifty two. But let's say I did that and then I croak at age sixty five? What happens to my money? Does my wife get the money? How does that work?

Yeah?

So if you took the money, the thing would be is, let's put it this way. Whatever money is less than the account goes to your family. It could be spoused children, it could be multiple people, very different from a traditional pension.

So if I never took anything out and it was worth that three quarters of a million, they would get that.

My errors would get that.

Got it?

You got it? And that's the beauty of this. It kind of helps cover for the what if you know, if you're living a long life, well, guess what you got income for the rest of your life, not worried to have to be forced back into work. The what if if long term care it's there and you just hit it right on the head of their mark. If you did pass, and the graduates in the next world, well, guess what, there is money left behind your loaf.

Okay, okay, So that's great for someone younger, that money's crazy. But how about like right now, someone let's just say sixty years old, and they're thinking or retiring at you know, seventy five or whatever, just I mean whatever, let's use the same date seventy five. Now, how much would they get because that money's not sitting there? And then the exact same thing though, right when they do start taking

So how much would that be? Yeah?

So, and this is for a sixty year old. Now I want to give you the next kind of bracket up here. So if we're talking about a sixty year old and a little bit later there that's getting ready to retire, they have one hundred thousand, same numbers they dump it in, and if they want to take it at seventy five, obviously a little bit less time than a forty five year old, they're going to be close to about twenty two thousand dollars a year for the rest.

That's incredible.

Now, now let me ask you this, guys, so you don't have to decide.

When you buy the annuity.

In other words, let's say that sixty year old thinks he's going to work. Maybe he's a realtor like my dad and works to you know, to keep himself busy.

He doesn't need it, he has other income.

But let's say all of a sudden they want to take it, that they buy it at sixty and they want to take it at sixty five sixty three. They can take it whenever they want.

They can turn the income on whenever they want. Now, granted it to your point, the idea'd be hopefully when we meet with you know, when we meet clients, we kind of ask those questions so to figure out when

You guys were also talking to or Jordan was about the averages over the last you know, X amount of years, saying it could be close to that three quarters of a million when we were using the forty.

Five year old. So explain this ratcheting up.

In other words, if whatever the companies, these annuity companies are investing in, if everything does great, you benefit along the time with that, right correctly, But that you guys always say, I've been to these these events and stuff with you. What's interesting is what the stock market has a horrible time life?

Oh wait, oh nine.

Imagine if you were getting to retire around that time, Tom and the market was down there and you don't have many years left.

You got screwed.

So but now what happens with this and this is the part I want a little more explanation on. I benefit when everything's great, right, but if everything goes to hell in a handbasket in the stock market, which always happens at some point. It's just the way it goes. It ratchets in and I don't lose money.

Let us right, just stay level. You never go down, you never go down.

So as it ratchets up, it stays at the new level is going by the way. I have someone let's go to a real life person who just texted me. He's fifty five and he wants to put in fifty till he's sixty five. So that's only ten years at fifty grand. But let's do it. Let's just let's just do it now.

I can hear money right now, and you.

Know, I just want to do the disclaimer that fixed indextinuities are not for everyone in every situation, but they're certainly people who want safe security and guarantees and they don't want to mess with their money. Now. You know I've said this before. You have people that do all kinds of things with their money, and each according to their own and you have to take and and Joe, Joe sees people like that. Hold on, well he's running that number. Tom.

You know, I'm looking at our YouTube. So hell Cat get ready to talk doc. Okay, Hellcat said, I keep asking, just bring on one actual human who's getting their money for life. Well, there's one sitting next to me.

Let me go ahead. That's right, Doug. Let us wonder I.

Bought an annuity with an immediate payout. It started maybe I don't know, maybe ten years ago at paying thirteen hundred and fifty dollars a month. It has now gone up to over nineteen hundred dollars month because as the stock market goes up, my annuity is packed to the stock market. But if the stock market.

Goes down, I am guaranteed at.

Least a three percent cost of living increase every year, regardless of market conditions.

So for ten years you've been getting thirteen hundred all the way up to nineteen hundred.

It's gone up every year. Now it's at nineteen over nineteen.

It will never go down, for they never go down below you. You're going to get that till the day you don't say I die. Why did you buy.

It, though, Because I wanted my I wanted my rent to be to be paid. So I knew that every month my mortgage payment would be guaranteed by my annuity, and I didn't have to worry about it.

See that's the beautiful thing about not only.

That, but what Doc also, Doc said more than just that, he said a mouthful. Think about this. By having a mortgage paid for monthly, he's able to preserve the capital he would normally use to pay off mortgage. So that also is an addition. Keep gone, guys.

Yeah, absolutely, And one thing I do want to add Tom. You know, I think right now, people that are getting ready to retire or now they're retired, let's say they want to have a guaranteed income. This annuity that Doc is talking about is called an immediate annuity. We have a lot of clients like him that actually bought an immediate annuity so they can create a guaranteed income for

Now, one other quick question, Finial on another question of my eyes. Let me interrupt here. So there's there is a question, I get. What happens if someone doesn't, you know, live that long and all the money they put in, what.

Happens It goes through the beneficiary.

Dude.

You can choose your spouse, your children, your grandchildren, whoever you want. You can choose multiple beneficiaries.

It's so weird talking about annuities because there is still a group of people. They're generally older, you know, over fifty sixty whatever.

I'm not even sure that.

I guess maybe their parents got screwed on bad products.

Back in the day.

But there is a negative association with the word annuity, don't you find that true time?

Yeah, And part of that is because of the variable annuities that we're out there and the high fee annuities. There are a lot of annuities that basically support the agent for life, and they don't necessarily are They're not good for the investor. But even variable annuities and very very very very rare circumstances can help. But but we're talking about a fixed product. Everything is fixed is fixed. I got to take a break. I'm Tom Martine three oh three seven one three talk three oh three seven

Yes, so I did the figures on him. And I also want to run back to that forty five year old Jump on a second here, But the figures on the gentleman that was fifty five years old that called in through YouTube there is about if he did put fifty thousand dollars in once upfront and then let it go ten years, you're talking about almost almost about seven hundred dollars a month, almost close to one thousand dollars a month that this guy's going to get guaranteed for

Know what, think about how fast he would blow through fifty grand. That's a pretty damn good deal, That's.

What I'm saying. I mean that age. And again, if you could wait a couple more years, then guaranteed at least minimum of a thousand, if not better in the market. So that's the beauty. Now. One thing I wanted to sturt back real quick, Tom, was that forty five year old. I kind of ran some more numbers just to kind

Yes, yes, yes, laddering.

Them, and so if he ladders it just like we talk about our stress.

Wait wait though, but Jordan explain in a very simple fashion what laddering is.

You know, all it is is taking advantage of that bonus twice and basically just letting that money sit there grow for those ten years, so for forty five to fifty five, and then at that point take that money and roll it over again to a better one that's that's more situated for their time frame and to get that bonus again. So if that's what laddering is, it's basically just rolling it over to another annuity and so that way you have the NWDY letter out twice.

All right, now, three, go ahead.

Income we're talking about sixty K a year. I just want to make sure you're.

Oh my god, so now you're at five thousand a month.

Yes, and that was one hundred thousand step forty five. If he goes all the way up to seventy five. He's guaranteed at.

Least, so in a year and a half you get your principal back. I mean, I know that's a crazy way to look at it because of the amount of years involved, but really, if you start pulling that money it's seventy five, after about one one year and six months, you literally already put your one hundred thousand plus back in your pocket. You live to be a hundred. Oh my god, I don't even know what the numbers would be.

The hell is that one point five million?

So your one hundred thousand turns into one point five million if in that scenario.

You live to be one hundred. So I ran some numbers on the guy who wants to at sixty five pull that money out from and he's fifty five. He wants to leave it in for ten years. So based on performance of the S and P five hundred, if he did nothing but a stock fund, he would amass a He would amassed his fortune and be able to take out that same amount of income for fourteen years. So think about that. If he's sixty five plus fourteen, so he would run out of money at that age.

That's the benefit, correct, and with no risk. Let's put the just make that clear that that other option you're talking.

About it, well, yeah, yeah, but I'm talking about an S and P five hundred stock fund. Has it's it's never lost money over the over if people don't touch it. The problem is nobody does it ever ever. By the way, and I'm saying, you know, I'm not saying to do it instead of I'm saying it it actually doesn't doesn't make sense as you get older, but you're right, and you cannot live. And by the way, people when I say there's little or no risk, I'm not saying it's guaranteed.

Or you have people again I'm segmenting these investors who invest in themselves. They're investing in their own business and they're making money. Of course, you can very well lose it as well, But I'm.

Talking about people who have a solid business and say I want to invest in my business. So no one is advocating that you take all of your savings and put it in one thing, ever, But I just want to make that really clear. Well well three zero three, hold on, I just want to say this.

I just happened to pull up a chart, so we're talking the S and P five hundred. I agree with you. Over enough time, of course, it always goes up. But if you decided to invest or, had you know stocks in the S and P five hundred around nineteen sixty eight to nineteen sixty nine, and you were looking at retirement, Well, it went down for sixty nine seventy nine. It went down for twelve years up till August nineteen eighty two

Tom. Okay, Here's all I'm saying is is if you take the recent performance, I didn't go back that far, okay, but but that was one of the few periods of time where that happened. I am not saying the S and P. Five hundred is guaranteed. I'm just saying that there is not as much there's as much risk in the S and P five hundred as there is being flat in an annuity. So I'm not again, I'm not putting them against each other. But to be disingenuous, it would be disingenuous to say that tying up money in

The more security you get, you also the less liquidity when you do an annuity.

That's right. But there are places for an annuity, and there are places for stock funds, there are places for buy and holds. And by the way, there is something we never talk about, and that's bonds. Do you know why people don't get into income producing or really good bonds because they don't know their butts from a hole in the ground. And most and you heard me rail on this, and I'm sorry, I'm gonna rail on it.

Okay, Now let's if you're on that other side of that, you're the one.

Yeah, yeah, that would we developed when sure buy them from us. Now here's the other thing. There are certain things that are in investments that people call investments that piss me the hell off. One of them. There was one company one time buying cars trying to talk you into having these cars, saying that, and they're never an investment. But art art can be a good investment. But my god,

Yeah, because Uncle Sam couldn't dip into the funds.

That's right, That's exactly there. We have more come in right up, go with a sure thing Denver's Best roofer Excel Roofing dot com. You don't pay a cent until you're content. Time for an insurance check up free no obligation. In comparison, call Compass insurance paying too much your coverage at dozens of insurance companies. Find out now three O

Yes?

Oh, yeah, I'm here.

Okay, I'm sorry, Doc, he is my mic on. Yeah, yes it is.

So of course I've heard of that kind of thing happening.

And it's it's pretty serious. Can you weigh in on it? As far as I don't know?

I mean, all I can say is that oxygen deprivation to a baby in labor can cause significant cognitive defects. Okay, now it will not comment on whether or not in this case. That's nothing, right, right, Let's talk in general, Okay.

Are there indicators that the babies oxygen? I mean, they don't do a blood ox on a baby because it's inside, right, So what do they do?

Well, one of the main things.

Is the heart rate, and you monitor the heart rate, and when you really are watching carefully, you monitor the heart rate and when there's a contraction. That's one of the main indicators of the health of the baby is how the heart rate reacts to a temporary decrease in blood flow, which is what happens during a contraction.

Okay, So when he said the heartbeat was deteriorating a bit and he believes he didn't get in there in time, blah blah blah. See it is being an obg yn. Let me ask you this straight up. Is that a target for a lot of lawsuits? Oh?

Absolutely, That's why I said when I did my last delivery, tom, I breathed the biggest sigh of relief because I never had a had baby and I knew that I wouldn't be sued for millions of dollars. Well now, and of course, let me just say one thing, that's one of the reasons why technically that baby can sue. Let's say there was malpractice, and it doesn't It doesn't manifest itself until later on. You I was legally obligated to keep my medical records for eighteen years in case that baby wanted

Okay, three oh three seven one three talk three oh three seven one three eight two five five. So what's going on in your life? That's what we want to know, so please stay tuned for more. Go with a sure thing Denver's Best roofer Excel Roofing dot com. You don't pay a cent until you're content. Time for an insurance check up free no obligation comparison call Compass Insurance paying too much your coverage at dozens of insurance companies find out now three all three seven seven to one help.

How long does a policy have to be in effect before you can borrow from it?

Jordan, Great, great question. So two answers. One would be if they're doing a lump sum to kickstart, is basically moving many from their left pockets to the right. They have money at savings and something like that. That money is accessible day one up to ninety five percent of that number.

They okay, so but wait, they have to leave enough to so if they put money in, like if it's a young person, let's say they they or they get gifts for graduation or whatever. Let's say they have twenty five grand or something. Now, if they put twenty five grand in there, a certain amount is going to go towards the policy, right.

Right, Well, and that's where I was getting that. You know, that'd be a lump sum with some kind of monthly contribution. You know, if if they did just a lump sum one you know, that's where it gets a little bit more on the weeds that the tax re status that are kind of talking about earlier there. But let's just say for the simplicity, money they dump in there as a lump sum and they pay and one hundred dollars a month, two hundred.

Dollars whatever it may be.

Yeah, that money, that lump sum, that's twenty five thousand in your example, up to ninety five percent of that number they could borrow day one.

Wow, and wait a minute, so they can borrow that and then pay themselves back with interest. You can add to that, yep.

So that's basically twenty four thousand almost that they could take out of that twenty five they could use put it down payment just like I did, like you said, with vehicle purchase it outright basically. But the key is to treat it just like any other loan, like you're talking about, pay themselves back at the same monthly payment they might have paid the first bank.

So's so if you're if you're the policy loan let's say is four percent, let's say or five or whatever it is, then you charge yourself more than that, right.

Right, yeah exactly, or you know, treat it like it's uh yeah exactly, you shot yourself like five percent, six percent and just pay it monthly or if you have to stop for a little because of the holidays.

You've got that.

Freedom now that you get to dictate because the insurance company is not going to knock on your door for that money. They know you're you.

So when you pay more for that extra interest, then starts growing tax free for yourself.

Correct, you got it.

You know.

The key is to pay that loan down and then aything extra and above that goes right into your cash value.

So when you bought your first car, how much did you borrow from yourself?

Yep, so it was a cheap ninety nine meet on ninety nine cheap con character rato sixteen years old, so it was about it's about five to seven thousand, I can't remember the exact bodies off five and.

You paid yourself back and you put more than that back.

Correct over three years from sixteen to nineteen, paid that back, So I had the full money in there, had extra from all the interests of the bank would have been collecting from me. And at the end that money was earning interest over those three years as well. And that's kind of again when we meet with people who show them that power, that that money was still earning five percent interest the whole time, basically even though you have to.

So now you didn't have a car loan, but you had your own loan. But does that help build credit?

It does, because, uh, if you're doing it away where maybe somebody couldn't pay for the whole car upfront, or you're doing it the right way where you maybe you borrow money only for six months or so on so forth you can still through credit and then paid off with your policy loan.

So it's okay, I see what you're saying. If you're all right, we're we're running out of time for this hour. Get your calls in three all three seven one three talks seven one three eight two five five. Go with a sure thing Denver's best roofer Excel Roofing dot com. You don't pay a cent until you're contenth time for

Ripped off news need advice?

Who you don't have?

Come running just as fast as we can. Shooter's gonna help me.

Come man, This is.

The Troubleshooter Show. Now Tom Martine, Hello Tom Martino here, and I welcome you to the show. Three oh three seven one three talk three all three seven to one three eight two five five welcome. I am humbled by the way, and I appreciate the reaction I've gotten. Many of you have texted and emailed and called me about

What's that you saw? The saw you just like what you said, you saw the the negative side of it. But people were getting lumped in, and that's what my father actually, that's the main reason why he kind of got out of that was because of the I'm just honest, it's just, uh, you're absolutely right. People a million dollars, you wouldn't even be surprised something we haven't come in and they say, I haven't heard from the Financial Reserver since I invested with them.

Or even if they do hear from them, they don't know squat about what they're doing.

No, they get paid when the market's up, they get paid when the market's down. It's a percentage, just like you said, and that pays that either way. So started to cut you off there, But yeah, that was the main reason, was exactly what you just had that goode.

And then so Joe told me he decided he was going to focus himself and on where people start to get older and they need to have security, they need to have something guaranteed. And I know for a fact that you guys don't lump some people and you look at each and everyone. Don't you have like fifty seven different annuities that you can choose companies?

Yeah, nuity companies. That's what I have actually, yeah, yeah, So if each company has probably ten or a dozen or so different annuities with each one based off of anybody's parameters. But you're right on point. We look at your particular situation, you know, if you're looking to take money immediately, it's just like deputy doc. We have products that specialize for them, and we run it against all of those companies to see what is going to pay

You know, one thing we talked about and we always say, you know, the reason annuity's got a bad name is because of the variable annuity. But I want to mention something even the variable annuity. Now I'm not recommending it for anyone getting toward older age at all ever, but I want to explain what it is so people understand it, because I think people miss it's I don't mean to give it a bad name, it's just it's for very

You literally can trade inside your own annuity tax deferred, and it is incredible the wealth people can build. But I guess I don't understand that at all. So you're saying someone can go to a annuity and like a million dollar annuity, trade inside it even though the money was never or the money was already taxed.

I mean, it's's right rich, So all the growth is tax deferred. Correct, Wow, No show.

And then I just want to echo that other point real quickly. And the main difference is you said about ours, the fixed one. The company takes on more risks so that you have that floor, so you can never go negative.

With the mark. You can lose your shirt on a on a variable.

Oh but but you can think is you can also make more. That's the other side of it, right, You can make more in the market, just like you're talking about, and so.

You can change your investments in and out and all of that. So so so, like I said, it's not I would say it's for me. Be in my opinion, four percent of the investors out there, maybe that's fair. I don't know, that's or fine.

That are definitely more specialized on their.

Own right and and I don't I personally, this is my own personal opinion. And as a financial advisor, I can say this. I mean I looked into it. I don't think you should let a financial advice. It's for somebody like Mark. I mean, it's for someone like and I know a few people like him, people who like dabbling with their own thing man, because that gives them that if they have the knowledge, they can put that knowledge inside a variable product that gets them almost like

Absolutely absolutely you're right, So there's just time and place for what people want. I think you said it in the very beginning of this conversation, which was it's just kind of I look at age as a big driving factor for that, and you're right on point with that being. The financial side is just you know, people don't want to have that five to ten yure risk. But anybody that's younger, you know, they need to kind of step

And then, by the way, with that variable annuity, if you never switch it over, you can still take a lifetime income. They annuitize it at such point that you want to innuitize it, denmark it becomes your income product, and you know, then you just pay tax on the income and that's it. They also have optional riders you can take on them that have a death benefit and all things like that. Now, I don't want people running

I'm basically the same age as you are when and how much?

Wait?

The same age as Mark. No, you he's eighty two, you're seventy one.

No, I'm seventy two.

You old fart, don't you dare say you're my age? Okay, go ahead, Bill?

So when and how much do you have to start taking out?

I can't get what are you talking about?

For what?

Bill?

I got mine in an iora. Now I figure but when Trump takes over off?

Talking about forced Yeah? Bill, are you talking about minimum required distributions? Yes? Okay, seventy three years old?

Yeah, I figured that.

But wait, wait, wait, wait, now listen, remember there are there are some things you don't have to take the required minimum distribution from and and so, And it's only one distribution, no matter how many accounts you have, so you get to choose where you take it from. But some don't count if you take it from them, and some do. George, do you know more about those? Yeah?

So basically, I mean, as you're talking about, you just have to have a percentage taken out of all of your qualified money.

And that's right.

That's ira for one case, and you can search yourself online. This a percentage that goes by every year. So it's seventy three, you know, seventy three, and then seventy four, and it gradually increases each year. That percentage that the government wants you to take out because they're drooling for that money.

They want to tracks on it.

Right, So that's that's the meaning. But you you you can do it in one account, you can do it all spread across multiple accounts.

The keys.

You just have to get that full percentage out otherwise they hit you with that big that big wop in fifty percent sometimes.

So who who keeps track of it? If you take it out of that good question?

The I R s whoever's holding your IRA?

I have to say your IRA where? If it's with a reputable company, most companies are all going to be yeah.

But but the truth, the truth is, it's like everything unless you're audited or they're they're not. It's it's not something that is is that tight like you might think it is. It's just like paying capital gains taxes and all of that. It'll catch up to you. You never want this one to catch up to you, because this is one they look at more than any But it's not automatic. Okay, it's got to be caught. It's not automatic.

I'm with Vanguard and every time I call to ask, well, they don't they don't.

They don't call the cops on you because they don't know and by the way, I don't I have. I'm sorry you were a vanguard, but that's another story. Here's the bottom line.

Well that's what they had at work.

Well okay, but but you're not at work anymore, or and you should have taken that out a long time ago. But I don't want to get into it right now, Bill, because, as I remember, you know everything. So here's the deal, bro, what you want. I'm just kidding. Here's what you want to do, Bill, seriously, Okay, when it comes to required minimum distributions, you take it from the one that's growing the least that it's that easy. You take it from the most poor performance one.

Correct, Well, mine's all stock.

Well yeah, but but I'm sure is it all in one account?

Bill, Yes, it's in one account, but it's all it's I got about thirty different stocks.

Okay, are they all Okay? But in one account. So what you would have to do is, if it's still in stocks, you would have to liquidate. But you would want to liquidate the least performing ones in order to get your minimum required distribution. So you're gonna need it in a year. You're gonna need to calculate that, and Bill, and I mean this sincerely, you can always call me.

You can roll it over into something else because I really don't even need the money.

Well, I know, but you can't roll it hold on, don't but but don't make a mistake rolling it over. It doesn't get you out of minimum required distribution.

I mean, like to one of your guys, is something like that, Well.

You could, you could get an annuity or something like that, but go with a sure thing. Denver's Best roofer Excel roofing dot com. You don't pay a cent until you're content. Time for an insurance check up free, no obligation. In comparison, call Compass Insurance paying too much your coverage at dozens of insurance companies find out now three out three seven

Not looking to sell mine right now, but yes, absolutely positively.

I will get at A. My next will be a plaid. Yes, yes, yes, yes, I want. I want an electric car. I've wanted one, you know, I wanted one last time.

But Tom, I swear to God, you can ask Suzanne. I use autopilot to work from work. I use autopilot virtually everywhere. I absolutely love it.

You do it by the month, right, Yeah?

I saw you my Hyundai.

Yeah, you know what I'm thinking. I don't it most likely would be a Tesla if I go that route, because they've just they've just written the book on it. But I just Steph voted me down last time, you know, I mean, I just.

Well, a lot of people just they're just afraid of the uh I'm not going to say afraid of the technology, but maybe that is actually.

I mean a freak drought. So I took her and my son's because I got my son that for his sixteenth the little Model three, and I took her for a ride and she absolutely hated it. She said, I can't hear anything, and and it was like the breaking you know, I mean, you didn't have to break and she didn't. She just I think it was just so new. I don't know. I loved it, and she said it accelerated too quickly. So what do you do about that? I mean, I have no idea what you do about that?

Here's what I love about it. You walk up to it, you get in, and you go there's no key. Uh, there's no turning it on. I mean, everything is so normal. When you come to a stop, you simply get out, go into the store. It does everything else.

What do you mean there's no turning it on? You saw the press a button right?

Not with a Tesla? No? No, you got a card in your wallet? Oh really? No, not even that. It's your phone. Oh okay, I have a card that he gave me for his car. But he probably because he can program that card to limit you down. You probably didn't know that. No, I have sarone. I have to pick it up or do something. Yeah, it's all for a valet as well. Yeah, so, but he has it on his phone. I guess. And here's the deal man. We've not done, you know, with the Hyundai I have

I mean, well that's another thing. Maintenance, gas stations. You know how nice it is not to have to stop at a gas station and then the maintenance. I've got about forty thousand miles.

There's nothing to do.

I haven't done one single thing. Here's what people go. I have heard this from listeners. Oh I heard they have more recalls than anything else. Well, yeah, that's true, but a recall is a software.

You park it in your driveway. Well, well, because they asked him to. You know, you got to be where the satellite can reach you. Anyway, Let's let's talk to uh, let's talk to a Jay real quick. Jay, go ahead. I'm sorry Jay for waiting, and Bill will get right to you. Jay. What's happening, Hike, Tom?

Hey, my daughter's house just cuts some upgrades. She went from an old, old furnace to a high efficiency and added air conditioning high efficiency. I wondering do you think there's any Excel rebates or any tax credits that are special for doing that?

Might well, the contractor should have known about those, but yes there are.

I believe contractors though, do not participate.

Oh that's true.

Whatsoever?

Yeah, it's kind of weird that way. I've learned that years ago. They the person you use has to be signed up with Excel or with whomever the electric company is or the gas companies. So you got to make sure that those people do it, because if they installed it and they don't participate, I don't think you can get the rebates, which sucks because who really cares? I mean, you should be able to, as a homeowner get them, but you can't.

You know why, because he wants to make sure. Let me let me ask you a few questions. Jay, you're in Excel territory right, Yes? What what brand? What brand did you go with?

I believe the.

Okay? And and it's an h VA C together is it? When you say high efficiency you mean ninety five?

Yeah, they're both top of the efficiency ratings.

Well who did you use I'm going to look him up right now, and they're who did you use?

Master?

Not who.

Master Services, Master plumber.

They're called Master Services.

Yeah yeah, yeah, they used to yeah yeah, yeah yeah Master.

You know the plumbing guys. You're great? Is that our guy like master? Uh? Yeah? Now they're called Master Services? Okay? Is that Tony? It is? And I'm look at you right now.

I don't know if he's I don't think he's going to be part of it though.

Oh I was sucking.

I'm looking right now. He might be. I don't know.

I'm trying to figure out where to look on excels. Honestly, you'd be shocked how many of these companies aren't. And they each have their own different reasoning, and I don't know what those reasonings are.

Okay, uh, they're okay there. If you have a ninety five percent, I will tell you what is available. It's a three hundred dollars on the furnace, and there is a that's about it. I think there is another one though. Excel Energy's whole Home Efficiency program offers a one time rebate of twenty five percent of the rebates already received for each qualifying measure completed. That's for a whole house thing. But right off the bat, there's a three hundred dollars rebate.

Say, he probably saved more than if he went with a company that was exhausted and got the rebate.

Exactly exactly, And that's kind of the truth of the matter. Bro. I think that you more than made up for it. And I'm looking right now. I finally Tony's got some dirt cheap prices. Man. Uh, well, okay, he does, I promise tell me about Okay, hold on, she had a complete ninety five percent system installed. Is that what you're saying?

Yep?

And it was heating and air Is that right? They're not on here, by the way, what other kind of work? What other kind of work was done?

Nothing?

They didn't just just furnace swap.

Well, you got to understand if she didn't have high efficiency before, there is a lot more to it, that's right, but not not much.

I will I looked it over. There's a there's a small TVC event that probably would take me literally.

I love when people say stuff like that. Yeah, yeah, according to according to code, But but let me just ask you how much hold on, bro, how much was the system? We don't hide from that. How much?

No, No, I'm in at about seventeen g's.

Do you okay? Hold on? You got a complete AC HVAC system ninety five percent ream for seventeen grand.

And there's a problem with the AC that I don't like. That didn't come up either, So what wait?

What there's what.

Is a problem with it?

Did you say there's a problem with the system?

Well, I'm upset about not knowing something about it. My brother brought it's I got a good deal on it.

Because seventeen grand's a great deal. But hold on, man, I gotta come back, tell me what the problem is. Right after this, we got more coming up.