The Troubleshooter 11-21-24

Rip needed, so you don't have.

Come running.

Just as fast as we can, Shooter's gonna help coming.

Man.

This is the Troubleshooter Show. No Tom Martine.

Hey, I'm Tom Martino, and I welcome you to the show. If you're streaming the show, welcome, of course. Our radio audience welcome to of course. But I wanted to mention if you're streaming and you see that good looking guy to the right of me, that's Brad O'Brien O'Brien Legal Services. He's an attorney at law that does real estate law. And we were talking before the show how the pendulum is swinging toward tenants rights. You know, when I first came to this state, one of my most frustrating calls

Yes, because of the land lord tenant changes this year. Now, a landlord cannot refuse to renew a tenant unless they have one of these reasons, like they want to sell the house, or they want to convert it from one used to a different kind of use, or they want to do a major rehab or there are some other exceptions like if the tenant was late like three times, Okay, then just so it.

Is it is. Basically it can be a perennial lease. I mean it can. Why even bother putting a term on it anymore? Why even call it a one year?

Well, this is all about tenants rights, right, and this is to give them some security that they can't just lose their house if they're the land the land you know, on their own whim decides not to renew their year to your lease.

All right, So what are some of the just causes? Okay, let's I'd rather ask this, Can I just get rid of a tenant that I don't like, literally don't like. I don't like them. They complain a lot, they didn't violate any I don't like them.

Well, this cause requirement only applies if for tenants who have been there for a year or longer. So if you don't like a tenant, you don't want to renew them, but they've been there for less than a year, then the landlord has the right to not renew that.

Now, once they've been there a year or longer.

Then the tenant has rights to continue.

Leasing unless the landlord comes up with a reason like they want to sell, or they want to have a family member move back in, or they want to do rehab.

So it's not that restrictive.

Lando has to actually want to do and follow through with these things. If they say they're going to do a rehab and they don't do the rehab, then that gets them in trouble.

Okay, Brad O'Brien, O'Brien Legal Services, Olslaw dot Com. By the way, this hour brought to you by Waterpros dot and at the best water systems, the lowest prices ever. And I'm serious in this year end deal right now, we're talking about some incredible deals. We're talking about thirty one to ninety five for whole house water softening, and that also includes at the kitchen in a reverse osmosis

Good morning? I took my cards to this repair man that's in Lafayette, the Diagnostic Solutions place, and you took your.

Two thousand and nine right.

Right?

Okay, So what's going on with it?

I took it in October fourteenth, and about a week he told me something really bad happened. I demanded to see it. It looks like he had it all and I just brought it in for it coils and spark cloths, and.

Where'd you take it again? The name of the.

Place, It's called Automotive Diagnostics.

Solutions, all right?

And do they do repairs too or just diagnostics?

Shoot, I don't know.

I mean, we're in other words, it just it's a weird name. But I like it on Automotive Diagnostic Solutions. It makes it sound like they'll find the problem, but they also do repairs, right.

I'm guessing, okay, okay, Well.

So you say it was just an a side note, because there are places that used to do just diagnosis, and I think I think they're sorely needed. But anyway, so this place, this two thousand and nine Fordoscopic, a Ford Escape said they said you got something happened. Do they mean something happened at the shop?

I assumed yes, And he wouldn't really tell me what it was. And I immediately came down to the shop and looked at I kind of pushed my wings. I want to see my car, demand to see it. And they had it completely taken apart, all the way down to the timing chain.

Well, what the hell does that mean, what did they do? You took your car in for a coil? They call and say, by the way, Michelle, something terrible happened. I mean, that's weird. And they had it they did? They have the engine out or just all apart.

All apart?

And I knew enough to know that it was down to the timing chain, and I did they admit.

It was their problem when they said something terrible happened? Did they say we did something terrible? What did they mean?

They wouldn't tell me? Oh my god, Yes, that's what I thought.

Okay, So where does it stand? This was back in October. Where does it stand right now?

Or stands?

Is?

They gave me a rental car and I've been using it, and then today I'm told that they haven't been paying on this rental since the first of November. So now I have to return it without and I don't have a car to drive.

And you probably signed. You probably signed and are responsible for it.

I didn't sign anything.

I guess I have to bring it in.

I have to release it back to them. It's not on my dime. I made sure of that.

Good.

Yeah, And I asked you.

Something my car?

Can I ask you something what's the last thing you heard from them? When you said, hey, the rental's not being paid for, my car's still not done. What do they say?

I had my brother handle that part of it, because they don't. They're not straight with me. They're not going to be straight with him either.

They what was the last word? What was the last word? From Automotive Diagnostic Solutions? By the way, where are they?

They're in Lafia, They're on baseline. I've got a phone number if you need it.

But they I will in a minute, on baseline in Lofaiette. Okay.

Yeah, And this engine supposedly they put a new engine and it didn't work.

Way wait wait wait way, way wait wait wait you buried the lead. They put a new engine in it. Yeah, so they blew your engine, I guess so, and put a new engine in. How many miles did you have?

I had one hundred and sixty Oh that's good engine.

That's good. So they bought a did they put they did they put a used engine in it?

Yes?

Was it used or rebuilt? It probably was used. They don't owe you a new one. But if they blew a one hundred and sixty thousand mile engine, I'm actually shocked they stepped up and they wouldness said, well, it was on its last leg anyway, but they put a used engine in it. What's that they said?

They did it?

Okay, well that's pretty good. What do you want us to do right now?

What I want is they're not allowing me to take my car?

Okay.

Why And I'm thinking I'm going to probably have enough to get a court order to get my car.

Why don't they let you take your car? I'm confused me too. Why what reason did they give a reason? They just said you can't have your car? Okay, hold on, she obviously doesn't know. Hold on, just hold on. Okay, who's up today?

I can call over there Tom and find out why they don't give her her damn car back.

Yeah, Bo, thank you?

Bo?

Chiming in? Bo. Who's who's in the studio with you?

Bo?

I'm here, I thank you. I'm here also, Tom.

Okay, I got your text here. Thanks. So Doc and Bo holding down the fort by the way, Marcus connect but he's working on some behind the scenes stuff for the company for us, and uh, he'll be chiming in from time to time. And then we have Deputy d here, of course, along with olslaw dot com. That's Brad O'Brien. Uh, we're gonna take a quick break. I'm Tom Martino. Three O three seven one three A two five five Go with a sure thing Denver's best roofer Excel Roofing dot com.

You don't pay a cent until you're content.

Wait time for an insurance check up free, no obligation comparison call Compass Insurance paying too much your coverage at dozens of insurance companies find out now three oh three seven seven to one help. You'll think you're his only customer when you choose Frank durand the real estate Man dot com to list your home with Remax Alliance three oh three nine two zero sixteen twenty two. Hi Tom Martino, you're brble shooter three three seven one three talk seven

Hi?

Thank you for taking my call. Yeah, I am calling because I am having some issues with a dealership. Oh and I just partased a card from them back on September twenty eighth.

Now, is this when you bought the uh, the Escape?

Yes, on the twenty eighth is when I bought the Escape.

And it's a used obviously I used twenty seventeen Bard And tell me about how many miles were on it?

About one hundred and fifty Okay.

Now I often say this, it's not if you're going to have problems. You absolutely will have problems with a used car. With more than one hundred thousand miles, you will have problems, and with one hundred and fifty they're going to be more significant. And if you buy anything with one hundred and eighty or more, you're going to have major problems. So it's not unusual to have problems, I guess, unless it was represented in another way. So

Well?

It has a two year warranty?

Oh?

Okay, now did you buy that warranty?

No, it came with the car.

Okay, let's talk about it. Go ahead with your story.

Yeah, so I bought it on twenty eighth. They're located in Sortin, and from Sortin pretty much driving it off the lot to Firestone. Not even an hour later, it started overheating and all of the ena freeze from the bottom, you know it, all it all came out, and I popped the hood. I went to check the ana freeze, noticed that there was like some weird kind of looked like gum like inside, like the radiator and a freeze cool it with the reservoir, and I let the salesman

Is gummed up?

Right? Yeah? Yes, so what happened?

Photos I sent it, He sent it to him. He told me, Hey, the next day he said, you know what, bring the car back to the shop. I actually live in Langmont, so I was not able to take the car.

Where did you buy it from? What's my name of the place you bought it from?

Skyline?

Missabishi Skyline? Where's that located?

I'm sortant okay, go ahead, yeah, so he said bring it to the shop. I took it to the shop on October second, and they said that the and a freeze container thing or whatnot. The reservoir had a crack in it, so they replaced it. Then on October eighth, they said, hey, come get your car. I went to go get it. The next day it's overheating again, and this time it was worse like it was. You know, I wasn't getting enough power and the car just which I really slow.

What kind of warranty was this? Can you tell me about your warranty?

You know, I'm not quite sure on that.

Well, you have it. You have the warranty, warranty? You were given a warranty right or where was it mentioned you had a warranty?

It was mentioned when we were when they presented the car. They said that I had it to your warranty. That's why I said, oh.

Great, and habit it is. Hold on, Myra, Do you have anything in writing that says you have a two year warranty?

Yes?

I do, because I'm actually working with the warranty company as well.

Right now, okay, what's the name of the warranty company?

You know I don't have that right now?

That's okay, okay, Well are they giving you usually? Let me just explain something right up front and see if you're going to have this trouble usually when you buy or it's included any kind of a used car warranty, whether you buy it or not. You know, they usually exclude all all pre existing conditions, and they usually exclude anything caused by a lack of maintenance or abuse. So what this sounds like to me is a lack of maintenance.

So they tell me, you know, bring the car back. They honestly have had it since October seventeenth. They've had it.

The dealership, Skyline has had it. Yes, okay, yep, Well at least they're okay, at least they're trying, right, So dealer has had the car since October twenty six.

Well, they're not really trying. The warranty company reached out to me today and they told me that the Skyline Musubushi is not cooperating. They don't want to tear down the car for them to show, to show the failed components of the engine for it to get replaced, because they have a feeling that it's going to get denied. That they've been burned in the past before, so they don't want to do this.

So wait a minute, wait a minute to day. So the warranty company will not cover it because they need to inspect it, and the dealer won't let them inspect it.

Exactly why.

I don't know. They said that.

Well, you shouldn't have to get involved, but you shouldn't have to get involved in this fight between Skyline and the warranty company. Yeah, I mean, so hold on a second, just so you know, and you're not going to like this. If you buy a used car, it doesn't matter if it's an hour later or six months later. If it's under a warranty, the warranty company can ask for evidence. Okay, so the warranty company's in the right. Now here's something

No, because I don't have the funds to pay for it.

Okay, Now that's the problem. Does the deal? Is that? Why the dealer isn't cooperating because they say, listen, did they ever say to you, Mayra, are you going to pay for the inspection? Did they? And then if it turns out to be a warranty, of course you're not going to pay it, But if it turns out to be something else, you are going to pay it. Did they ever present that to you in any way?

Yeah, they said, okay, Then normally they would have to pay like a teardown price.

Okay. And how much did they get, like how much do they quote you, Mayra?

One hundred and fifty dollars an hour and max is like five hours?

Okay, So you understand that's a little different than what the warranty company told you. It's not that the dealer isn't cooperating, it's that you're not paying for the inspection. And this is the problem. You bought and I understand your reasoning. Let me let me sum it up before you even have to say it. Wait a minute, Tom, I bought a car and within an hour starts overheating, and now I have to pay to have an inspection done.

Yep?

I'm about to make my second car payment.

Okay, how much did the car? How much did you put down on the car? And you made one so you put two thousand down and made one payment.

And I'm about to make the second one next week.

But it's not even running. It's not you know, this could be a major problem, could be a minor problem. How bad is the engine? Did they say the engine's blown?

The dealer, the shop told me that they consider it as you know, it needs to be replaced. That's all they told me. And the warranties like we were trying to confirm that, but they won't. They won't tear down the well.

You need to tear it down. Myra, that's the problem, you know. And really you agree to it, whether you like it or not. I'll bet you I can find where you agreed to it in the warranty. See, this whole thing was not done correctly. Did you have any help buying this car? Is this the first time you bought a car?

Yeah?

Pretty much on my own.

Yes, okay, how much did you pay for it? I mean, what's the purchase plate?

I think it was like ten or eleven.

Grand Okay, all right, listen, I'm going to have Deputy D call over there and try to cut you a braake my god. I mean, if it's under warranty, you know, I'm hoping you have a warranty. I mean, technically you don't have anything in your hands. What if what if misubitius says, oh, by the way, we don't really have a warranty, and and the warranty company says there's no warranty here. I mean, how would you even prove it? Is it written anywhere anywhere? Does it?

Yeah?

They gave me like a flash drive.

Excellent, excellent, excellent, excellent, excellent. Okay, Mayra, I'm gonna have his we call him Deputy D. His name's Dimitri. He's gonna be calling you today, okay, And that's our that's our nickname for helpers here. We're going to try to call this dealer and just try to get you a break, Like, come on, guys, what does the warranty company need to know? It can't be that bad? Help her out okay, hold on real three seven to one, three eight two five five.

Where do I send it to?

We're gonna get Okay, help at troubleshooter dot com. That's our email. Okay, all right, Now we have Brad O'Brien is with us olslaw dot com. Let me bring him up okay, and we're talking about landlord, tenant stuff and all real estate stuff, Tracy as a question or concern. Go ahead, Tracy, Hi, Tracy, Hi, Tracy, what's going on?

Hi, I'm cayeing regarding a tenant land lord THEO I'm the tenant, and it is regarding my rent. Okay, go ahead, Okay. So I have been renting on and off from the same people for about twelve years, and the last.

I got a.

I okay, we did a three year lease. This last one and halfway.

Through the leaf, I get.

Notice an email from the person who's supposedly their property manager saying that I need to increase my rent and I'm like, I have a three year lease and you haven't fixed the issues.

That you have a three year lease. It's actually a three year lease.

I had a three year lease. I don't have that term has passed.

Now, Okay, then when did that? Okay, I need to know a few things, just very basic. When did that three year lease?

Expect it expired on the thirty first of January of twenty twenty twenty one, twenty two, twenty twenty three, twenty six, Part four, January thirty first, twenty twenty fourth.

Okay. So you had a three year lease that reverted it's called to a month to month. Month that reverted to a month to month and it happened in January, at the end of January. Okay, So then when were you notified they were going to raise your rent?

Well, they raised my rent in the middle of the leaf of the three year lease.

Well, hold on, how did they raise your rent in the middle of a three year lease if the three year lease did not allow it?

Because he told me if I didn't pay the extra amount that they wouldn't fix the HVAC system. And so you know, I paid the extra amount every month and I still never got the HVAC system fixed.

Okay. I want to know something though, this is really important. Are you positive that you had a three year lease with a level rent and it was there was no escalator clause for raising the rent in that three year lease? There was not, okay, and then they came.

But I had this full story because this is over the last ten months, they've raised my rent three times.

I understand, but we're gonna we're gonna outline that. But that's why I need to know this. So you had a three year lease, that started.

When it started?

Okay?

I had originally lived in the property for seven years, and then I moved to Arizona for two years, and then I moved back.

That's all I care about. That's all we care about. When did that three year lease start approximately in twenty twenty was it?

No, it started February one of twenty twenty one.

Okay, February January.

February twenty twenty one, you had a three year a three year lease start? Did February of twenty twenty one? Okay? Now, and then listen, this is important. When did they raise and it specified that there would be level rent for three years?

Yes?

Okay, so you would have kept the same You would have kept the same rent for twenty two, twenty three, and twenty four. You would still be under that three year lease.

Huh, I would have this is it went from February twenty twenty.

One to.

They raised my rents for the year of twenty twenty three, they.

Raised care Tracy, please help me out here. You signed a lease February of twenty twenty one for how long?

For three years?

Okay? So it expired, please, Tracy.

It expired on January thirty, first, of twenty twenty four.

That's right. You know you're right, You're absolutely correct, that's right. I wanted to clarify that. But they raised your rent a year later or.

Two years later earlier?

Yeah, a year earlier, right, two years later, that's right, that's right. And when they did that, they forced you. They said, I don't care, you're going to pay it because if you don't, we're not fixing the HVAC. Yes, yes, wow, okay. Then they raised it more. When did they raise it again?

Then I got.

I got in an email on January or it was, I believe October.

It was just response.

So they raised my rent. So this year I paid more than I was the first two years. So I paid more this year. And then I get a thing on.

October.

Okay, hold on, we got to take a break. Just hang on, I'll come back to you. We can make this very simple. You had a three year lease without all theorization. They raised your rent, but you agreed to it. I don't know what that does. We'll ask our attorney. Two years into the three year least, they raised the red. Then it reverted to month to month in January, and they raised it again after that, Right, hel.

Three times.

Okay, they want their want a meath of pay and even more, got it more, got it?

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It is possible that she waved her right to keep that fixed rent for the full three years. But you know, it's a fact based issue. And if if there was something in there where the landlord made a promise that it was fraudulent or lacked cons iteration like value for that promise, then maybe she was tricked into paying a higher rent. Maybe she could go back and sue for that recovery of that additional rent she paid.

So let's take that one item, Tracy, do you have anything in writing that says if you pay the extra money, they'll fix the HVAC.

No, I don't, because it was a phone call. I had rented from these people.

For a very very get it.

I get it, and then you moved and came back. How much extra rent at that time?

It was a very small amount.

Of how much?

How much when the property? How much the property? How much?

I ended up paying an extra twenty five dollars a month?

All right, hold on it, we'll come right back to you. Okay, an extra twenty five then and more after that, so we'll talk to you. 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 check up free, no obligation. In comparison, call Compass Insurance. Pay too much your coverage at dozens of insurance companies find out now

Yeah, rip.

New need that so you don't have.

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

Come man.

This is the Troubleshooter Show Now Tom Martino, Tom Martino.

Here, Welcome to the show. Three oh three seven one three talk three oh three seven one three eight two five five. Here to help you solve problems, to answer questions, and to take complaints. This hour brought to you by Frank durand the real Estateman dot com. If you're looking for a market valuation of your home, you want to know what it will sell for. He can tell you based on today's market conditions, and it's free of charge, complete analysis. You can't do better than Frank durand the

Probably because he denies everything.

Okay, then then then that's bad. So Brad, I think she lost out on that. If she voluntarily paid twenty what do you think?

I think that the lander may hold the extra payments in trust as an additional security deposit, because a security deposit is defined as anything other than rent that's paid the lead.

Yeah, but it was rent. I don't think he held it.

Well, I didn't.

Oh oh oh, he's saying on paper it's not rent because you can show that the rent was a certain amount and you paid more.

Yeah, okay, because they.

Never changed the lease at that time, did they?

No? They haven't. No.

And my biggest problem now is the last ten months where I've gotten my rent increase now three times.

No, I know that part we're going to get to. I wanted to take it one step at a time. So come January, the end of January, your lease expires and it goes month to month. Now here's what I need to know, without a story, just I need to know, like the times after January, you had already had one rent increase during the three years after January, when you went month to month, when was your next raise?

My rent went up one hundred and fifty dollars on the first of February twenty twenty four, So.

Right after the lease expired they did it again.

Correct?

Then when.

Then I got an email on nine thirty twenty four telling me that my rent was going to go up another twenty seven dollars.

So in January, and okay, in February, and again, how much did it go up in September?

Twenty seven?

Twenty seven dollars? Weird amount in September, Well.

They said, he's in the email. It said it's a twenty it's a two percent.

Okay, it doesn't matter, hold on, so so hold on. So they raised it one hundred and fifteen February twenty seven. In September, and what was the third one?

And then I just got an email on Friday telling me it's pulling up another twenty five that I need to pay. The total amount that I need to pay for the first of December is the total amounts that they want.

And I'm just.

Hold on, how much are they raising it again?

Oh?

Another twenty five?

Okay, Brad? It sounds to me like they're not following the law right Colorado Statute and resident listen carefully, Tracy.

In residential rentals and landlord can raise the rent only once in any roll in.

Twelve month period.

So they increased it on February first of this year. That means they cannot increase it again until February first of twenty five.

Well, first of all, they by by raising it twenty seven in February, they already raised it more than they could because they did it.

They raised it one hundred and twenty five, one hundred and fifty dollars in February.

That was wrong, That one was wrong.

Well, what was the date of the previous one before that?

Great Tracy? That what, Tracy, what we're trying. Here's what we're trying to establish. They can't raise rent within twelve months of each other.

So that's that's what I thought.

So the one that they raised to them, the one that they raised for twenty five dollars, was it more than a year before February.

They raised they raised them. It was they wanted the first twenty five dollars raise. He called me on the sixth January sixth, twenty twenty three, telling you that February my rent would be raised. He's originally said seventy five dollars. And I'm like, what, I have a lead, Tracy.

None of this matters, Tracy, Tracy, you're giving. All we care about is what we ask. So the previous rent increase before February of twenty twenty four was when.

February of twenty twenty three was okay.

Then they had a right to raise it probably in February. Okay. Now what they didn't have a right to do is raise it again in September and now again in December. They just don't have it right.

And I don't know how to get that across to them.

Well, how does she get it across to them?

Well, she or an attorney for her can advise the landlord that the statute thirteen forty one.

Oh eight thirteen forty one oh eight.

Hold on, is that the right one that is worth That is one that's wrong? That is wrong. I meant to say thirty eight twelve seven oh twos.

Excuse me, crs thirty eight twelve seven oh two is the limitation on raising rented yep, and dodge any any rent increase that violates this debt.

So it's voice I.

Am on the month to month lease.

Yes, that's right, that's right, even a.

Month to month.

The one fifty rays you can't get back. But that twenty seven they did in September, that one they did in the one they did in February was probably correct.

I didn't I didn't pay that amount though, because I was like, this is not right.

I wait a minute, Tracy, Tracy, Tracy, what the one fifty was probably correct because it was a year after the other raise. Okay, we're just giving you the facts, like it or not. Did you pay the additional one fifty when they raised your rent in February?

Yes?

Yes, okay, good, excellent. Now in September, you did not pay the additional twenty seven, right.

I did not pay the additional twenty seventh October or November, and I got a nasty email telling me that I needed to pay that amount.

Okay.

I got an email a week week after that email telling you that they're raising an additional twenty five.

Okay, you're in the driver's seat right now. You need to let them know you know better, okay, And then if they try to evict you, you're going to use that as your defense. The next time they can raise your rent. The next time they can raise your rent, League Lee, would be in February, you know, a year, a year, that's right, whatever, the actually a year from the one fifty, that's right. So write them a letter and quote the law, quote the law.

Could you tell me what the law is exactly.

Please give them that give her that statute number again.

Yes, CRS, which means Colorado Revice Statue ce RS thirty eight dash twelve dash seven oh two.

Thirty eight dash twelve dash one O two seven oh two seven oh two.

Sorry, Hey, can I ask Tracy a question? Tom, go ahead, and Tracy, do you want to stay there with these people?

This is the other thing. I I had a cancer diagnosis and surgery. Okay, so I am needing to stay at least through March, and then I wasn't even going to stay after they raised my was that I had a cancer diagnosis, and that's terrible.

Tracy recovery, Tracy, keep this in mind, Okay, keep this in mind. I understand that. I totally understand that, and I'm sorry about that. I hope you're doing well, by the way.

I'm I'm recovering. It's been a long it's been a long couple of months.

Okay. Now that doesn't play into anything, though, just so you know, right, okay, just so you know, I know.

That I'm afraid of retaliation on that as well, not so much on the people that own the property, but on the property manager.

Well, Okay, but the point is, how can they retaliate like.

They have not giving me a good reference?

Oh you know something, Well, they can't sue you for something that's illegal, and they can't even evict you unless they have a just cause. So you know, right now, the way the laws are, you're kind of okay. But as far as a bad reference, I think landlords and tenants are getting I mean, landlords and management companies are getting away from any references because they're getting sued too much. Brad, don't you find a lot of landlords don't want to give references bad or good.

That's probably probably true. Yeah.

Yeah, So so listen, call us back once you write them that letter, cite the law, let us know what happens. I'm Tom Martine.

Oh you know that in February.

Yeah she does, Yes, Okay, that's what we told her. Three oh three seven one three talk seven one three A two five five Denver Region dot Com. They are doing weight loss compounded supply drugs okay. And the truzepetide is really incredible. They have truzepetide which is way better than semiglue tide, and they have semi glue tide and his pennies on the dollars. I think it starts at two to fifty a month or two to seventy five

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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 to seven to one help. You'll think you're his only customer when you choose Frank durand the real estate Man dot com to list your home with Remax Alliance three all three nine two zero sixteen twenty two times. Tom Martino here three all three seven one three talk three

What's going on, Well, my home is interest by parents have both passed away, and I was having a problem with the mortgage company that starts there.

Okay, So hold on, when your mom and dad passed away? Did they pass away at the same time? No, who left the home to you?

When my mom passed it went through to the trust?

Okay, got it? So now you own the trust still owns the house.

Yes, okay, go ahead, Well it's sort of anyway.

What does that mean? Sort of? What does that mean? Sort of? Brad is listening.

It's been foreclosed on. And this is because as the scam was foreclosed on yesterday.

Okay. But but Elaine, this is really important. So I need to know something. When did your mom pass away?

Seventeen?

Okay? So she left it in a trust and you never took it out of the trust? Is that correct? Okay? Did you were you a trustee?

Yes?

Okay? And so you continued to live in the house is that correct?

And make the payments?

Okay? And the payments and the mortgage was lent to the trust. Is that correct?

Yes?

Well, no my parents.

Okay, but I need to know this before we move on. I need to know this. Did the mortgage company have any problem with the trust having the home after your parents passed and with you paying it?

No?

Okay, so now continue. I knew your story.

Anyway, So they went on, and then, of course weeks, I kept paying it, and then I went to try and reinstate.

No wait, hold on, you skipped a whole bunch. You kept paying it and then went to reinstate. Well, what do you mean reinstate. You don't have to reinstate anything if you're making payments. So tell me what happened.

Okay, I apologize.

No, no, don't apologize. Just I'm confused. There's no reason to apologize. So you kept making your payments and somewhere along the line, somebody scammed you. What happened?

I had I stopped making payments because I wasn't working at the time.

When did you stop making payments? When did you stop?

Well?

I have made several payments since that they hadn't been credited as payments.

Okay, here's what I need to know. Elaine, Elaine Elaine two thousand nights in twenty seventeen, the house went to you in a trust. I just need to know this. This is really important. I know people think it's a pain in the ass, but we have to know. You made payments for a period of time, then you stopped making payments for a period of time, then you resume making payments. Is that correct?

Yes?

Okay. What I need to know is those periods of time you continued to make payments from two thousand and seventeen to.

When through twenty nineteen?

Okay, you made she made payments through twenty nineteen. Then what then you stopped.

Then contacted them to see about getting a reinstatement. That would have been October okay, accidently of twenty nineteen.

Okay, hold on, I don't even know what you mean by a reinstatement. You said you made payments from two thy seventeen to through twenty nineteen. Why would you have to ask them for a reinstatement if you had made payments that whole time.

Says I had stopped making payments, I couldn't make payments.

Okay, that's Elaine, That's what I'm asking you. I promise I'm trying to help you. You said, you took over the home in twenty seventeen, and you continued to make payments for how.

Long through twenty nineteen?

But then you said, in two thousand nineteen you asked for reinstatement. And I asked you why, and you said, because you stopped making payments, you don't have to ask for reinstatement. If you were making your payments. You said you were making payments from twenty seventeen through twenty nineteen, so in twenty nineteen you would not ask for reinstatement because the house would not have been foreclosed on. So please help us explain, help us understand this for you.

I'm trying.

Oh, okay, then go ahead, I'll shut up.

Go ahead.

What happened in twenty nineteen, after you had been making payments steadily? What happened in twenty nineteen?

I couldn't make payments and I hadn't made a payment for like four months. So the company called, and I had called them trying to get somebody to help.

This was in twenty nineteen. You had missed four payments. Okay, got it, Okay, keep going.

So I called and they said, let's go through a restate reinstatement process. So we started.

What did they say that meant? What did that mean to them when they said, we're going through a restatement process, Brad, have you ever heard of a restatement process?

Have you ever heard of that reinstatement?

Reinstatement? Have you ever heard of that go ahead?

If the lender put the.

Late mortgage into a suspense account and sort of put it in their none performing account department, then is not in the regular course of repayments a right.

So sometime in twenty nineteen she stopped making payments. Then they said to her, let's reinstate it. Then what happened?

So I started to reinstatement with him?

And what does that mean? What does that mean? You started the reinstatement? Was it like an application or what?

Was it exactly?

That they had a three month time period to get paperwork. Paperwork had to be in they needed trust in all kinds of things, title needed to be changed, et cetera. Okay, and they had a three month period. Now to you get to Thailand the paperwork all done. I also needed my son for something. He was deployed and is now again.

Why did you need your son? Hold on Elaine, You just threw your son into this where he was never mentioned before. Why did you need your son? You got to explain that. Why did you need him?

Because I was needed to move the be come into a different name and the deed. I need to move it into the new family trust because the mortgage company wanted me to do that.

The mortgage company wanted you to move the house into someone else's name.

Yeah, I and some out of the trust.

Okay. And you needed your son for what reason? They wanted you to put it in your son's name.

I needed his signature to put it in a new trust.

Why his signature to put it in a new trust?

He's on the new trust?

Okay? All right? Who recommended this new trust?

By the way, Well I did. I knew I needed to do it because of the home was with my parents' trust and that's how I wanted it.

Did an attorney tell you to do a new trust?

No?

Okay. So, so after the bank contacted you and said we need to do a reinstatement, you formed a new trust.

I was, yes, I was in the process because they needed that paperwork to.

Do it, got it go ahead.

I needed the paperwork to do it.

Okay, Okay, then what.

Anyway?

Their time frame was short, and trying to get a hold of somebody who is deployed in the ocean somewhere is not easy. I asked them several times if they could extend that month to get that then, and they said, I don't know, we'll see. Because I was working. Colorado has that single point of contact rule.

And the point we hold on.

Hold on, wait, wait, wait, wait, wait, wait, wait wait again. What do you mean by a single point of contract rule.

Colorado? When you're dealing with the mortgage and refinance and reinstatement all that they have a rule that the mortgage company has to have a single point of contact for their customers.

Okay, got it? So then what.

Well, all she could do is give me information and what I'd ask for an extra little bit of time to get it done. She said, I don't, I don't know. We'll have to wait and see.

Okay, But in all of this time, in all of this time, you were not making payments. Is that correct?

No, they wouldn't take them.

They wouldn't take them because you were so far in the rears.

Well right, And every time we'd start I would make a payment, and then they would not take a payment because they had to start over.

Because let's explain why. Let's explain why, Elane. Okay, they are totally in the driver's seat when you stopped making payments, and they did not want they did not want to trigger a new agreement. They wanted to you. They wanted you to get someone else to basically take over the house and make the payments. They didn't they no longer trusted you or wanted you as a customer. That's really

No?

Okay, what part do I have wrong? Because we're gonna find out.

I want it.

Okay, I gotta take a break. Hang on, hang on, listen. I'm not trying to trick you. I'm trying to help you. Hang on. 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 all

Okay? The reinstatement with the mortgage company was to reinstate the current loan and then continue payments on that.

And they were just going to forget about all the money you missed, right, all the interest you didn't pay, they were just going to forgive it.

No, the reinstatement added that back into it.

And then that's called a refinance. Keep going, okay, Okay, keep going?

Then what they called it a reinstatement.

Okay, I don't care what they called it. And now what.

Now what we're gonna because that's a whole different saga. Anyway, I did not get approved for that, okay. So I started looking for another company to do the mortgage, and I found somebody I thought that could help me. I did some research, didn't find any complaints on them, and I signed on with them. They said they could help me. This is where the problem comes, Okay, That's where.

I was scammed.

Tell me how.

They said they could help me? And I should have known better. I was stupid, naive or guestin.

How did you get scammed? Let's go to the park where you got scammed? How did you get scammed?

They said they were going to help me, they were going to stop the foreclosure, get me financing, okay, and all of that, and I said fine, okay. Then at that point, I was just days before the first foreclosure date.

And wait a minute, how did they say that? How did they say they were going to help you?

They were going to get me refinanced, stop the foreclosure, contact the attorney.

For the mortgage coun Do you have anything in writing to that effect or did they contact the bank at all?

I do have stuff in writing for that.

You have stuff in writing saying that we will stop the foreclosure and refinance you and help.

Me get refinanced. Yes?

And did you have to pay them any money for this?

Unfortunately? I did?

How much?

Fifteen dollars?

Yeah, you got scammed. Did they end up owning the house or did it just get foreclosed on?

Got foreclosed on?

Yes, so they don't own it. They just wanted a quick fifteen hundred where did you find these people?

It was mailed to me? Huh?

You know, Elaine. Now I'm sorry you fell for this. I swear to God. This is so sad. So you paid them fifteen hundred. But here's the truth of the matter. I mean, really, Elaine, it doesn't sound like you had a hope anyway. I mean you were months and months and months behind. How much let me ask you some mean, how much was the loan on your house.

That was balanced with one hundred and eighty two thousand.

And what was the house worth?

Twelve?

Oh? My god? So during the foreclothes it has it been sold yet?

Yes?

To who?

A company out of Cleveland? I'd rather not say.

But on the air Brian brad brad Let's address, does she have any hope here? I mean, be honest here, let's let's talk about it.

Well, if there's an overbid at the sale, so public auction bidder bids more than the than the than the amount of the debt of the foreclosing lender, that extra amount is left over at the end will get returned.

To the borrower. So do you know how much successful bid at that?

Do you have any money coming to you? Elaine?

By eighty seven thousand.

Okay, you're going to have to settle for that, otherwise you're going to spend years in court and you're going to lose. That's my unprofessional, unlegal opinion. You're going to lose, Elaine. The bank had every right to foreclose on you. You were scammed. They're two separate things.

I'm aware of that.

Yeah, it's it's sad.

I'm just hoping.

It is.

And you want to get Are you trying to get your fifteen hundred back? Is that why you called?

Well, I've turned them over to the Colorado AG, the California AG, the I'ment of Justice, Apartment of Justice.

Have you ever did they have a phone number? What do they say when you call them?

When I call the company, that stamms me.

Yeah, they've I've been ghosted.

I'm so sorry, Elaine. We can't help you, and thank god you are at least going to get eighty seven thousand dollars. I mean, really, I hope we have a quick question from Naomi. Naomi, what is your question? We'll get working on it and answer it after the break. What's going on, Naomi?

My father passed away in twenty eighteen and I've been having a hard time going through probate for his house. Why because I don't know my siblings contact information And I just got an email from the Mesa County attorney asking me about the property and that it needs to be cleaned up.

Okay, hold on and we'll come right back to you. I'm Tom Martino. Go with a sure thing Denver's Best roofer Excel Roofing dot com.

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As far as I know, it's still in the courts I filed.

No, it's no, it's not no, it's not in the courts. It's in who's ever name? Was it in your dad's name?

It was in my dad's name?

Yes, Okay? Now who filed probate you?

I did, yes, because as far as I know, I am his only heir.

Okay. And then when you said you don't know about your siblings, what does that matter? Then why didn't you just get the probate court to grant title to you?

Because they keep coming back and saying that I have siblings that my father had listed or something like that.

Where did he list him? Did he have a will?

I don't know my parents' divorce when I was well. Then who comes back to you coming to siblings? I don't know if these are Naomi?

Who is coming back? Naomi, who is coming back to you saying that there are siblings listed who see.

Mesa County courts? Well, they grant junction.

But but did anyone put a claim into the courts because they.

Have no right to do that did?

And they came back and so that there were other people listed under being children of my father's and that I but they.

Don't be saying that if you opened up probate. Is there do you have a will or not? Did you say you had a will?

I do not know. My father has not been in my life at all since I was a child, like two years old.

Okay, well then how do you know the house was left to you?

I don't as far as I know, Like I said, as far as I know, I'm his only heir. But there were.

I get it. I get it now.

So I said, I.

Don't know if these are adopted children children vib Well, it.

Really doesn't matter because you don't even know if you own the house. I mean, really, we have to ask Brad what's up with that, or maybe we call one of our state attorneys. But it sounds like he he died without a will, and no one really knows who owns the house. And and you don't have to take responsibility for anything. You can walk away from it. I don't know why you open probate. We got more coming up. Hold on go with a sure Thing Denver's Best roofer

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This is the Troubleshooter Show now Tom Martinez.

Hey, welcome to the show. Three on three age seven one three talk seven one three eight two five five. I'm here to help you solve problems, answer questions, take complaints, make your life a little easier. Just give us a call if you need help on anything. And we have been having some weird real estate calls today, but good because we have ols law with us, Brad O'Brien and

No, I think the court would be saying that it sounds like she got to notice from the county about the property.

No, that's right. So you're saying the court would say that, Well, who would say that the judge?

Yeah, the private court judge is not going to enter order a final distribution of the trust asset the estate assets until the court is confident that all the focus eries are named.

All right, So kitchina are you getting Dan, I'm working on it. I'm working on it. Tom, Thank you. Then I want to go to uh Todd who has a question for Brad. Go ahead, Todd, Hi, Hi Todd. What's going on?

Oh?

I'm sorry, a little bit of a break they're bringing me on. I live in Mumbling and I'm blocking a half up from my house. There is a home that has been condemned by the city. It was condemned in August of twenty thirteen, and there was a death in the home and my understanding is that there was some drug use going on in the house as well. Okay, I'm tired of looking at this point. The city has had to come out and remove weeds, so I know

Of course you can't. You can't just dictate what you want about who lives there and what happens. I mean, and of course you can't. I mean, the quick answer is, no, you can't. You can't just have it declared abandon because you want it to be, Or you can't just sell it and put conditions on it that only the people that buy it can live there. I mean, no, that's really the short answer, Todd.

What you can do?

I don't know what I bought my house.

I know what I bought my house. There's a condition of the mortgage that would be owner occupied.

Well, that's a condition of the mortgage that has nothing to do with you or neighbors, the lenders. And by the way, it didn't have to be owner occupied. If you wanted to get an owner occupied mortgage, it had to be owner occupied. If you wanted to get a regular mortgage, you could be a landlord. There's no one in the world, unless it's against the law, to tell you can't rent out the place. Okay. So I don't mean to attack you or anything, but I just think

I'm to bet with you.

No, no, no, listen, I'm not being Let me explain this to you. Okay. The answer is no, you can't. Okay, you asked the question. I answered, No, you can't. What you can do. What you can do as an alternative is is you can if the house you can't get a house declared abandon Here's who declares a house abandoned, the lender or the city it is. Do you know if there's a loan on the house.

I think it's a private party loan.

Okay, So no one's trying to foreclose. No one's trying to foreclose on this house.

A couple of weeks ago, the city clerk had not had any noticeable closure of it.

Okay, So therefore it's just gonna sit there. Now the city can force it to be cleaned up and build the landlord or kiss me the owner, and if the owner doesn't pay, can take over ownership and foreclose and sell it. Brad weigh in on this. What do you think your neighbor down the street you see this. I don't blame Todd for being upset, but you can't just, you know, declare it abandon can you know Todd.

Is a stranger to the property, He has no property interest in it. Now, anyone with a lean in the property could eventually foreclose. Now that's the lender, it's the city who does work on the property to remove weeds. They might have a one hundred dollars lean against the rank, or the real estate taxes may maybe aren't getting paid. So if any of those is foreclosed, then there would be a foreclosure auction and Todd can go to ammit it.

Buyer, that's the possibility, Todd, But someone someone with a financial interest is the only one that can end up doing that. Does that mean.

That's what I'm saying. Is there a legal way that I can approach the lender? Say, hey, you know you've got a.

Yeah you can, John, Yeah, you can approach the lender for sure. If you know who the lender is, you can buy the loan and then foreclose on it if it's not being paid. You absolutely can do.

Right now, the house is sitting there with broken windows, open doors.

Why is it the city? Why isn't the city boarding it up and charging the owner?

Last I talked to the city, Uh, they told me that they were going to go in and do a weed mitigation and then they would put assessment. Put an assessment on the property.

I can't get So you're.

Saying the police department is saying that there's an open investigation on it. I was able to ascertain that there was some of that activity in the house.

Okay, So what you're what you're asking is all logical. You want it out of your neighborhood. So again, the only way to do that would be to fore clothes on it. And in order to foreclose on it, you have to have a lean. The lender can do it. You can buy the loan from the lender, or you can call the lender and yeah, you can just talk to him as a person. You said, it's a private party, or even if it was a bank. In fact, if it was a bank, it would be better. You could say,

Orders and the compasses?

Yeah.

Yeah, so if you did that, have you done it yet?

Did an on the property?

And?

Uh? Did the fat honor about May this year?

Okay? Who is the lender?

Did not say in who the lender was?

Yeah, it usually does.

It should say who the owner of the property is, Todd, that's where you wanted to own.

But it also shows record. Wait a minute, it shows recorded leans. So were there any leans on it? For first deed of trust?

I called the county and they said that there is that they would not tell me who it was.

Well, you can. It's public record. It's a recorded deed of trust. It's all public. Nobody has to tell you anything.

Yeah, you talked to the owner.

I talked to the owner over a year ago, and he said he wanted He said he wanted someone in the neighborhood of four hundred thousand dollars for the house. Okay, so house is not worth barely more than the property.

That it sits on.

Right now, Okay, here's what.

A broken windows.

Obviously obviously the owner's making payments. Well apparently, Yeah, so as as long as the owner makes nobody well somebody making payments, or the lender would foreclose. If the lender's not for closing, the lender doesn't care. Those are the only people with legal rights to do anything, the owner, the lender, the owner, the lender, and the city. If

So one of the problems that I'm having, I'm sorry.

I didn't mean to in a row ahead, go ahead.

One of the problems I'm having right now and making that decision is I can't get any information from the police department. I talked to my city representative.

What are you talking about? What are you talking about? Information from the police department.

There's an ongoing police investigation.

What does that have to do with anything?

They won't tell me. They won't tell me, Todd. Listen, they won't give me any detail about it because it's an ongoing police investigation.

Todd, you don't need police investigation to contact the lender and to buy the loan and to foreclose.

Well, what I'm concerned about is if there's an ongoing police investigation, I can go to the lender. I can. If I can find the lender, I'll give you that.

Tell me why you care about Tell me why you care about the police investigation. If I can go to a lender, buy the house and foreclosing, what.

Can the city step in and say you can't do anything with this property because there is an ongoing police investigation. Maybe we need to get it out. And I don't know how there could possibly be an ongoing police investigator if there was.

A murder, if there was a murder something where it's evidentiary and they coordined it off or they take it over, but I mean you would know that. All I would say is this, okay, Todd, I think you're complicating things. Buy the loan from the lender. If the lender doesn't want to sell the loan, you're out. You're out of luck. If you can't get the city, you can't get the lender that the only three avenues to that house, the lender,

The reason I called it, I didn't know if there might be I think.

I think you're on the right track. Listen, call again. I'm not going to say it again. We are more coming up on the Troubleshoulter Show. 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 oh three seven seven to one Help.

Yes, he lived in a Grand Junction, Colorado. And I'm here in the Denver metro area.

So you heard he died and you opened up probate and you thought you were the only one. You didn't know. You didn't know there were any siblings. Is that correct?

Correct? I was notified that he passed away in twenty nineteen by the Social Security Administration.

And were you appointed to personal representative? I'm sorry, were you appointed the personal representatives?

No? No, I just got a letter from Social Security Administration and so I went to Ansagram Junction to see about his estate and what I needed to do to close it out and everything, and I was told I needed to file approbate papers. I did that, and then the courts came back saying that there were other family, other siblings, and that I needed their names and phone numbers and addresses. And I tried to explain to them I don't know these people. I've never had anything to

Did they say there were any claims being did anyone else at?

No, they didn't.

They just said that I needed to provide the name and the information for myself.

What I don't understand is this and maybe Dan McKenzie can help me or Brad O'Brien, both attorneys. How would the court even know there are other siblings and why would they care? Dan? Is that the court's responsibility to bring that up?

Dan McKenzie, No, I mean I don't.

I guess I don't know how they would know that either. Usually you just close that on the application for the probate, but you would be obligated to go out and put a reasonal effort into finding those people if you are the personal record.

That's what I don't understand, Naomi, who exactly contacted you saying wait a minute, Naomi, you need to get your brothers and sisters on here.

I have no idea. I guess the I don't know I honestly, I don't know. I know I put down that I had other family members, but I didn't know I didn't have their information.

Wait so you put that down.

Yes, I asked at the court when I went in and I asked them what do I do if there's other family out there? That's how I don't And they said that's how.

They knew that.

When then it filed it the first time.

They would make a decision, and they came back that I needed to find out that information. But I don't have names asses and I've been trying this whole time to find that out.

Naomi, I think the problem was that you mentioned it to begin with, because unless there was going to be a fraud allegation, if you would have just gone in there and said you knew of no other people and you just filed, the house would have been transferred to you, it would have been over unless there was fraud involved. But but here's the bottom line. You're the one that brought it up. You're the one that brought up there could be other people involved.

Well, I acknowledge that, I you know, I don't know what I'm doing, and that's why I asked, Okay, I know I am my father.

Put her on hold. Please just put her on hold. Okay, put her on hold because she's talking too much and I need to get an answer and not a story. Dan, What does she do?

I mean, I mean, we frequently have to hire like a private investigator. There are businesses out there that this is their job. They go out and find heirs. So you know, there's air search. I think if you typed in air search dot com you would find a business that can help you go locate family members.

And what if they can't find what if you don't find them?

I mean, you have to tell the court what you did, and eventually you might be able to do like a publication notice and say here's what I did, here's why it's reasonable I didn't find anything, and the court might authorize you to say, okay, publish the notification in the newspaper and that'll be good enough. So but you really do have to put a reasonable effort into it first. You can't just you can't just decide I'm going to do this notification in a newspaper and that'll be good.

Is reasonable. Okay. So bottom line is this, you have to go search for them now that they know they exist. I mean, that's it, right, Dan, You're right, So Naomi, we can bring Naomi back, Naomi, because you brought it up and because now they want to know about them, you have to make a good faith effort to find them. And eventually, if you can't find them, as Dan said, they may allow you to maybe publish something or to

In the meantime, I can't hear anything, Okay.

Is there a reason she can't hear anything me? Okay, you can hear me though, right, people, but she likes to talk, so that could be part of the reason why she can't hear anything because she's always talking over here. Listen, I'm gonna I'm gonna speak up for you, Okay, Naomi. You need to make a good faith effort to find your your siblings or heirs, fellow heirs.

Okay, you hire a company.

I don't know what to do. Guys, we have a bad connection. Let's just forget it, okay, Naomi, listen, Uh, we can talk to you off the Air. Bottom line is this? Okay, you gotta contact an attorney, Okay, Dan McKenzie. Meanwhile, the county is asking her to fix up or to to do something with the house. What are they asking you to do to the house, Naomi? Goodbye? We got more coming up on the Troubleshooter Show. Go with a sure Thing Denver's Best Roofer Excel Roofing dot com. You

Don?

What's going on?

Don?

What's happening?

We've got a history. We know each other well enough. I don't know if you want me to explain how that connection is.

Oh, I don't care.

Go ahead, sir, formerly owned the company Don's Garage Doors.

Oh man, I.

Miss you.

Well.

Thank you for saying though, no, no, I'm serious. You know, I listen. There are good times when companies sell and bad times when companies sell. And I don't know what yours is. We don't get any complaints. I'm not saying it's a bad thing, but but our private I just want to ask you real quick, our private equity companies don are they buying up garage or companies?

Absolutely?

Okay, yes, So how are they doing that?

Well, I'm not entirely sure behind the scenes financing, but I believe they have, as you know, back coast back East money, back coast East money, where they have trying to build a huge corporation and then later sell it. And that's that's my understanding is that we we stepped into the right place at the right time with a good reputation, and they wanted what we had. So a couple of years ago I sold the business. We're out and I'm here today to call you because I've all

The owner do to fix it?

Well, this is.

Jay Brett's getting to get huge out of boy for me because he's done a couple of roofs for me, and it's been four or five years now. We had a particular difficult metal roofs to put on with the ice demming. Not a lick of problem since he did and there were a few issues, and then Jay and was able to do the right thing by me as the customer and take care of it. And so I just thought many times I need to call.

Tom and let him know it.

That's great to Jay running a wonderful business.

That's great news. It really is. Listen A quick question and what are you doing now?

Well, I'm retired, trying to figure out what I should be doing now.

Okay, Well, if you're counting your money. I could use some samples, but that's up to you. Hey, listen, don Uh, you're a smart man. I know you land on your feet, but I want to make it clear. Don's Garage Doors is still in business. You just you exited, but it's still in business, right.

Yes, absolutely, The line's share of the texts that worked with me and the people are still working with the new owners.

Okay, Well, thank you very much, Don, I appreciate it. Stay in touch and feel free to come in one day as a common man to say hi to us. And it's been nic it's been nice dealing with you over the years. You've done some garage doors for me as well, so thank you. Three oh three seven one three A two five five Go with a sure thing Denver's Best Rufer sell roofing dot com.

You don't pay a cent until you're content.

Time for an insurance checkup free no obligation comparison call Compass Insurance paying too much your coverage at dozens of insurance companies find out now three oh three seven seven to one help. You'll think you're his only customer when you choose Frank durand the Real Estate Man dot com to list your home with Remax Alliance three oh three nine two zero sixteen twenty two. Hi Tom Martino, your troubleshooter three oh three seven one three talk three oh

A quick claim deed is really just a conveyance of some of the property interest, if you have any.

It contains no warranty of title exactly. So if you're paying full value.

For a house, like half million dollars for a house, you're not going to want to get a quick claim deed from the seller because there's no warranty of title.

Tell the seller does not warrant to you that they even own it.

No. In other words, I've often joked I could write you a quit claim deed for the joy for the Empire state building. Yep.

But quick claim d's are very helpful in cleaning up title.

If somebody has a prospective claim against a property, you can get that released by them giving you a quick claim deed. For example, if they have a potential okay, adverse possession claim against your property because they've been using your property for twenty years, and you pay them some money to release that, they would give you a quick claim deed in return. Next thing wish is that adverse possession claim that's not been brought to court.

Yet, okay, because it does transfer whatever interest or interest you have or may have.

That's right.

So therefore, by doing a quit claim deed, you're relinquishing that so it can clean up a title. It's not the greatest when it comes to estate planning at all. You tend to ruin your basis and other reasons, and you should talk to an estate planning attorney about that. And it's not good for investments. People often invest in quit claim deeds or and that's the worst thing you can do because you don't even know what you're investing in.

Okay, well I'll use it.

What quick claim do you If there's a transfer within a family, like someone transfers the house from their individual name, yeah, to a trust, I think exactly no point in doing a warranty deed for that.

That's right, that's right. Or you that's right if you're transferring into a trust, or even from sibling to sibling if you want, as long as you don't care about the inheriting a basis at the date of death, then it would be better to do a beneficiaries deed, which is basically transfers to the other person on death right and that person would inherit the basis. Anyway, we have more coming up on the Troubleshooter Show. I will be talking about this because I teased it, I talked about it,

Just went up, oh the time first.

Yeah, and you can do that online. But these are all just secret. There's no reason why would you have to do that with the state. They could make it with the state. So you simply file if you dissolve, or simply if there's a change. There's no reason to file every year like that. That's just a way to get twenty five bucks from every single entity in the entire state. We have more coming up on The Troubleshooter Show. Three zero three seven one three talk seven one three

You don't pay a cent until you're content.

Please time for an insurance check up free, no obligation comparison call Compass Insurance paying too much your coverage at dozens of insurance companies find out now three oh three seven seven to one help. You'll think you're his only customer when you choose Frank durand the real estate Man dot com to list your home with Remax Alliance. Three oh three nine two zero sixteen twenty two.

Yeah, Rid, you need.

Advice so you don't have to.

Run ins as can.

Shoot 's gonna help.

Come man, This is.

The Troubleshooter Show.

No Tom Martino, Hi Tom Martino here, Welcome to the show. Three all three seven one three talk seven one three eight two five five. Brad O'Brien is with us today with Olslaw dot com Real Estate Law three seven. He's at seven two zero three seven zero seventy three eighty eight. This hour brought to you by one Clear Choice Garage Doors. If you want great garage door service, one clear Choice Doors dot Com. We'll get it to you twenty four

Yeah?

Tom, First, I want to say how thankful I am for your programs. It's been over twenty five years. I know that I've listened to you and I've learned. Thank you so much, whether it's cars, roofs, plumbing, whatever.

Anyway.

My comment is.

I went through this. I signed with a divorce.

I signed a quick claim deed to my wife at the time, and down the road she quit making payments.

Well, we're both on the loan, so that they don't care they came after me, right, That's just something that one needs to think about.

Right, A quick claim deed, a quit claim deed does not relieve you of any of your responsibilities.

Great, Brad, Yeah, I should have made sure that the loan was put in.

Her name, you know, right, And most people don't do that on divorce. They don't do that at all.

No, it's such something you don't think about and then boom, next thing, I know, they're trying to come after me. So I just thought that was just a little bit because I'm sure people go through divorces and quit claim deed.

Right, And that's and I appreciate you saying that so and thank you so that that's really another thing when you when you sign a quick claim deed, you're not giving away any liability. You're just giving away any interest you have, which is the worst possible scenario you could do. Right, let's talk to Margaret. Margaret, what's going on with you?

Well, I my situation is similar to the last caller I my husband did a quick claim deed to put my house on quitment in my name, okay. However I wanted to change it to my maiden Okay. I sent the paperwork down to the city. The city processed it. I looked, and it's still under my married name.

Okay. Let me let me ask you something. Your husband, your ex husband, de did it over to you. Yes, and at the time he d did it to your maiden name or to your regular marriage married name. Okay. Then, Brad, the process I think would be quite simple. She would then fill out a quit claim deed from herself to herself, right, that's right, and changed the name in doing.

So, which I did, okay.

And then you did you record the quit claim deed?

Well, it was going to be.

Well, that's why okay. Hold on, When did you send it to the county to be recorded, well, roughly.

Roughly about October?

And did you include a fee?

I don't know what that is tom money.

Did you pay it?

Yea, I did?

How did you know how much to pay? How did you do this by mail?

I looked it up on okay.

And you literally mailed in the quit claim deed I did. Okay, it's probably they didn't get to it yet. It can take sixty ninety days.

Well, my question is they sent it back.

Oh well you didn't say that part.

Well I'm sorry.

Why did they send it back in witness whereof h Apparently I was supposed to say my married name and then my maiden name. Does that matter?

Of course it does? See? Well, who's ever home it's in right now? Okay? Mary Smith is your married name, let's say, and Mary Jones is your maiden name. So if your husband left it to Mary Smith, mary Smith is the legal owner. Mary Smith now has to make out a quick claim deed to Mary Jones. And it does matter where the name goes, because the grand tour is Mary Smith and the grantee is Mary Jones.

So I'll need to redo this whole thing.

It's not a big deal. It takes three seconds, I mean, right, I know that it.

Takes thirteen dollars each time you file it.

Well, hold on, if they didn't file it the recorded, they shouldn't charge you.

Well I hope not. Okay, No, I mean, I.

Mean that check shouldn't have been cleared. If they didn't. They usually send the check back with the deed if they didn't file it. Okay, yeah, no, Margaret, you're on the right track.

Okay, great, thank you so much for your time.

No problem, Margaret, Okay, let's talk to Mike. Mike, what's going on?

Hey, Tom?

Simple question.

I have Liberty Health Shares for my health insurance.

And.

The doctor's office that we use refuses to give us a receipt for the cash payment services.

With coding onage. Are they required to provide that?

As for questioned?

You know, I actually don't know that if they're required technically, but why the hell wouldn't they? I mean, I don't even understand that, I know. So what you're trying to do is take that receipt and send it in to get shared.

Right, right, correct?

And they're refusing because they're claiming that we're double dipping, which I don't understand what that.

Well, first of all, what do they what do they mean by that? And it's none of their business if you made payment, I know, if you made payment for a service and you want a receipt for the service along with the with the the code. What I don't even understand what they mean? What do they mean you're double dipping? What exactly do they mean? Did you ask them that.

My wife was handling this and that's all that they said, So.

I just well, hold on, hold on. Then that the doctor's office. There are a bunch of morons. First of all, they shouldn't even be concerned if you're committing insurance fraud. What I mean by that is this, as long as they're not doing it. If you took a receipt and you submitted it to three different insurance companies and got triple reimbursed, that's none of their business. I mean, you're committing fraud, but it's none of their business. All you want is a freaking receipt.

Just tell them you're going to contact Dora and see and they'll probably uh capitulate.

Listen.

I don't understand, Mike. It just doesn't make sense. You pay cash for your service.

All right, I have one more question for you.

I have a friend that was involved in a head on collision. He was a over the road truck driver. It was the middle of the night, it was not his fault. He was severely traumatized by it. The person in the other lane just crossed.

Lanes and just slammed right into him.

He quit his job and is basically suffering from like post traumatic stress syndrome. Whatever, can you file for workman's comp for that? He was not injured, it's just mentally distressing.

And was he on the job. Yes, I don't know if they consider that a work related injury. If he was traumatized by another driver, I don't really know the answer to that.

But yeah, he was leaking on the road with this dead person for almost an hour.

But tom all they can really say no, right, I'll tell you what. Let's get our workers' comp guy on. Hold on, let's try to get our workers comp guy on. You deserve a good answer. Hold on. You know who we're going to use Kachina. Let's uh, we have we have some really good people workers compensation. Cliff Enton. Okay, try to get Enton law Cliff Enton on to answer that quick question if we can. All right, thank you, three oh three seven to one three talk seven one

Is he still there about his getty workman's comp.

Tom, Okay, we do have Oh no, I thought we had our attorney on hold on. We're gonna try to get him on. I'll go right back to you. Thank you, sir. Gif Can you try to find cliff Enton if you can.

He's working on it.

Okay, thanks, thank you, thank you. Okay, then I'll go to uh Andy Andy go ahead. You have a question on a question on quit claimdeed, and we have, of course Brad O'Brien with us. Go ahead.

Oh yes, sir, try to make this quick. My wife myself got divorced in the twenty twenty. I signed it quit claim deed so she could refinance. So she was in the middle of refinance. Looked like it was going to happen. She was worried with several companies or whatnot. Nevertheless, I signed the deed.

I don't know.

She never did refinance, so just didn't happen.

And just follow Oh well you're on the hook.

Bro Oh, everything's good, amicable, but just wondering. Well, for a while, I'm not even sure if it got filed properly because she was dealing with this mortgage, so I was wondering if I could figure out.

That and then number ko, how long ago was it? How long ago was.

This didn't pay? Which will never happen, but I think could.

I somehow own the house?

Then?

Now?

How old was this mortgage? So no, no I know her.

What if something crazy happened, like she was to pass away, what would happen then? So anyway, that's a lot, I know, but appreciate this. Get help me on that.

Andy, When were you divorced? Is there a problem?

Sorry?

Is there a problem with people?

Andy?

When were you divorced?

I'm with you now, I lost you for one second. I know you're on live radio.

I apologize.

When were you divorced?

So into twenty twenty?

Okay? And you did a quit claim deed only, but she never refinanced the house. So here's the here's the mean streets. If she stops paying. You're screwed and and you don't have Brad, does he have a legal right to step in and redeem and get the house from her if she stopped paying? Go ahead?

No, But it was there a divorce decree that provided that she had to do something with the house, like refinance.

It wouldn't have gotten her name.

No, there was no decree. We were all very amical about it. We kind of did it on ourselves. It's in some account he.

Was easy, all right, So what's the bottom.

Line at all?

That no lawyers or anything.

So, no, she's not required refinance.

Okay, she's not, But what if you could.

Have put that in the deport I.

Understand she's not required to. What I'm asking is, what if she stops paying, he's on the hook too.

Well, and he is no longer a property owner.

He just is on the debt, but he still has to pay.

That's right.

Yeah, but you have no right to the house. The worst of all possible scenarios. Okay, if she passes away. If she passes away, you have no right to the house. But I still owe the that's right, that's right, you do.

That's very interesting.

That's because it was all amicable and you can you can substitute that Amica Bull doesn't equal smart.

Yeah, I understand that I don't feel too smart right now, but that's fine. I feel like everything's just gonna work out.

Well, well, I don't hope everything just works out. Get a beneficiaries deed at least that will put the house back to you if she dies, Andy, you need.

To check to see if she properly recorded the quick claim.

She may not have recorded it.

So that was my other question. And how easily has that done by me? Just to go to the county and how should I.

Go with that?

If it's so easy to check, you can check online or you can check with a title company, do an o any on the property. It shows a list of ownerships and encumbrances.

Okay, yep, very good, that makes sense. Yeah, that was one of my first things that I mentioned that I'm not even sure one hundred percent I think I filed properly because it was through some mortgage company and this and that. So they ever actually file it or did they wait until you know, actually got no?

I understand, Andy. You can always call us back if you need help, and of course you can call Brad O'Brien directly seven to zero three seven zero seventy three eighty eight. Look for olslaw dot com. Hey Bill, you have a question about an inheritance. What's going on? Bill?

Yes, he is there a number that I could.

Gift money to my.

Kids the hold for me so that like in case I die, they don't have to pay income tax on it.

Okay. First of all, let me explain a few things to you. Okay, Bro, forget your kids, you can gift it to me, okay, and I'll pay all the tax. Don't worry about it. Well in return, Bill, Bill, hold on, let me tell you the truth. There is no income tax on inheritances. Okay, so you don't have to worry about it, so you can do it in a number of ways. You can gift them whatever amount you want, and there's no inheritance tax. And there, excuse me, there

Okay, So okay, thanks.

There's also one other thing. I'll let you go, Bill, but I'm going to say this for everyone listening. And the one other thing is this, if taxes have not been paid on an inheritance and are due, then your heirs have to pay the tax. In other words, if you have a qualified plan and you leave it to someone and taxes they were all tax deferred, they don't have to pay tax on the principle, but they do have to pay income tax as they pull it out

You don't pay a cent until you're content.

Time for an insurance checkup free no obligation comparison call Compass Insurance paying too much your coverage at dozens of insurance companies find out now three all three seven seven to one help. You'll think you're his only customer when you choose Frank durand the real estate Man dot com to list your home with Remax Alliance three all three nine two zero sixteen twenty two. Hi Tom Martine here three O three seven on three talks seven one three

Yeah, if he can prove the PTSD and it's related to this, it would be a stress claim and you know, he would be able to get benefits, to be able to get medical care, might be able to get and impairment rating. If you got a mental impairment rating up to thirty six weeks of temporary total disability.

Okay, if you are in a car accident and you're on the job, is it always covered, I mean car accident in general, if you're on the job.

Yeah, if you're driving in the course and scope of your employment, it's a compensible injury.

Whether it's your vehicle or their vehicle, does it matter.

Absolutely, doesn't make any difference at all. And you might have a third party claim against a person that hit you if it's a two. If it's a multi car accident where somebody who were ends you, for instance, or a t bone or their fault, then you would not only have a word comp case, but you'd have the ability to make an auto accident claim as well. And we do both of course.

Right of course. Okay, and what number do you prefer people call you about this stuff? Cliff?

Uh three to zho three three three three two two two two.

Yeah. I was wondering about that number. It's such a great number, and I know that she wrote it down here, and I wanted to tell people that Cliff's been with us a long time on the referral list. It's three oh three three three three two two two two. Cliff, thanks a lot for that quick opinion. We really appreciate it. Okay, And now Mike did we cover that or do you have any other issues with it? Did I ask you the right question?

That was?

That was a great That was a good answer.

I was just curious on his ask.

I have one more.

Question not related to that.

It's okay, pretty simple.

Does a person have the ability to get blood work without their.

Name attached to a beating?

I want I don't want.

A doctor to know my my results.

I don't want the government to know my results.

Can a person Yes, Yes, you can go get blood work done anytime you want.

Would you?

I see you put your name on the label when they say well no.

No, no, you're You're name is gonna go on it whether you like it or not. Now you can use Mickey Mouse if you want. I guess, I don't know. I mean, but here's the deal. If you're not looking for insurance reimbursement, and if you're not looking for a doctor's opinion, and you you can go there used to be a lab called any Lab Test now or something. I mean, there are labs that that you can just buy blood work and have the results sent to yourself.

Okay, I'm just curious because, like I said, you know this day and age, you know is.

There a way to like because like what if what if it.

Came back with let's just say AIDS, right and the test.

Was sold, right, you know, does the government have the right to be notified that that person was uh an AIDS.

Actually, I don't know of any mandatory reporting at all about anything. In fact, back when you when they were take doing COVID tests, there was there was no uh I don't think they had to report anything.

I had a government you know, test for for the China virus during that panic period, and I gave them a fake name and they just gave me a case number and then I logged into their website using my fake name.

Yeah, but with blood work with what what are you suspecting anyway? And can you leave your phone number please? In your fingerprints?

No, Mike, what do you we have if we're still entitled to privacy?

I was just curious if, of course we are, if.

Our medical information is going to the federal government without it's never gone.

To something, Hey, doc, do you know? I mean, I don't think medical information is highly.

I've never had to report anything to the government.

Yeah, I don't even know when, Like there might be extreme circumstances in the past. I don't know, bubonic plague or something. I've just never heard of it. Now, what's that.

Technically on a du Why you're giving your blood alcohol results to uh A brand of the government.

Mike, just give them a fake name and pay with cash and be done with it.

I don't know.

Curiously, we were still still in an age of privacy.

That's all.

I just really wanted to know if if you knew, if that, you know, do we still have medical privacy or is are any and all of that?

I just I just looked up the CDC's requirements. There are some conditions that that by law must be must be reported to the Centers for Disease Control. They're called they're called notifiable. It's n n D Okay, it's called National Notifiable Disease and Surveillance System, and it's a legal obligation. Do you want to hear what they are? Sure, anthrax, measles TB HAVE, but Titus A B and C line disease, syphilis watch out DOC and COVID nineteen those must be reported.

That apology is in remission.

Oh okay, do they I wonder do they require though the names of the of the of the patients or just or just the the case. That's the thing I wonder. Let me see, I'm looking further. It says that the notifiable disease's notification includes, Yes, you must have personal information, names, addresses. Oh so they want detailed information on you, brother, if you have any of those. I never realized that there were these conditions, did you, guys that had to be reported?

Do you know they tracked down like the food poisoning cases.

For example, where's that that's not listed here? Food poison?

You just mentioned hepatitis. That's a food. That's a food born? Yeah, people and C they're syrum. I don't know which one one of them? Serrum it's common to get.

Yeah, one of them serum dirty food food born's a B is with serum and C is non a on B. We don't what is seed with docket? They call it non A and I B, Well, what is it?

It's not a on B.

They can't define the the egg okay, ideology of it?

Why syphilis and not gonorrhea?

Why not eggs?

I don't know that's that's a good question. I don't know the answer to this, but those are the conditions that must be reported to the CDC. Thank you for calling, Mike. Three oh three seven one three talk seven one three eight two five five more coming right up. Hi, Tom Martino, your troubleshooter, Deputy Bow. You have some follow ups? What's going on? Bow?

Okay, I've got a good final follow up with Chris in his robotic I bought dog from.

Oh my God, we got to recap this and Chris, yeah, go ahead, Chris is go ahead.

Well we're from October twenty fourth, and D and I were working on it.

Yeah, and it was a sad story. Seriously, this man with disabilities could not care for a real service dog and wanted a companion, and he literally bought a Sony robot dog one I didn't even know existed. And it's pretty clever and pretty damn cool. But his was malfunctioning a bit and he was upset. He spent over three thousand dollars on him, right, yeah, yeah, will overse or more? How much?

I think about three and a half or something.

It was thirty six with the toys.

Wait, who whoa thirty six hundred.

Well the dog was three thousand and seventy five, and I think the toys were another three or four hundred.

And it's called a bo, right, a bot?

Yeah, a bot or.

Abol Okay, So Sony was being really out of this, like weird on this one. They wouldn't give his money back. What were some of the problems they had? They said, no, we can't give the money back. It's non refundable. He said it was. It's it's defective. Send him another one. They wouldn't send him another one. They wouldn't give his money back. Why bo? Why were they being such sticklers here?

You know?

But that part the I just know they were jerks about it. They would not send him more and they would not and then he paid with a paid paler or something, and then they just absolutely refused a refine in the red.

I did not like that.

And then and they wouldn't even discuss it with us. They blocked my number and they said that they'll what they calls from me, and then they won't take any more calls from the consumer. And that's when BO had to get into.

So you don't have to give every detail, but what happened.

I'm not going to give every detail, but eventually they did relent. They did refund his money, and they refunded the restock They were first charge, give him a refund plus plus a twenty five restocking charge. They waived the restock charge. They gave him a full refund a form of a check that he wanted.

It took a few months to.

Do, but he's very he's a disabled vet, fixed income. He's very happy. He received the check in full last week.

Oh, man, I'm happening.

Another dog?

I asked him. He said no. I told him he should go to the dumb Friends League and get a dog.

Yeah, he didn't cheaper. That definitely deserves the dinger.

Man.

No, that's a good story. I feel sorry for him. Impression. Did you get the impression? Maybe he had special needs of some kind.

He was a disabled vet, and he was lonely and know in any apartment he had no friends. He really wanted companionship.

And I is anyone going out to visit him or any I mean, like what we ought.

To I call follow He's a little bit of a talker, but I could follow up with him.

Well, you don't have to do it alone. We should keep that in mind. Maybe there's a group he's a veteran, maybe there's people that will look in on him from time to time. We can keep him in mind for the holidays.

What about meals on wheels? Wouldn't would he qualify for that? So at least you have some contact once a day.

That's a good idea, DOC, then he would get you.

Let's keep him in mind. BO. Remind us as we get closer here, I mean, we're we're we're the holidays are upon us. Let's see what we can do for this guy, and maybe we can get you get some people who regularly look for UH and look to help veterans as well. That would be good. Thank you, Bo, that was great. Well this is the end of the show. Wow, So let me say olslaw dot com thank you so much for being here. And you can reach Brad when he's not here at seven two zero three seven zero