The Troubleshooter 2-11-25

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Shooter's gonna help coming man, This is.

The Troubleshooter Show. No, Tom Martinez, Hey, what's happening? We have a lot to talk about today. Welcome to the show. Three oh three seven one three Talk. Three oh three seven one three eight two five five. As you know, this is the only show that talks about what to buy, where to buy, when to buy, why to buy, who to avoid, who to frequent, what you should do, what you shouldn't do, and what to do if you've been

Nick, how you doing?

Yeah, that's your dad. Gravina's got the great windows anyway. And then I believe that's Deputy Dollar over there, the Deputy Dollar.

Welcome.

So we're here and we're here and we're helping you. So all you have to do is call three O three seven one three talk. And then of course here I'm here along with Deputy d and we're here to help you with all of your problems. So right now we will go by the way to any problem, question or complaint you call about. But right now we have Nick, so we're gonna get right to it. Nick, what would you say as far as windows A lot of people believe they need. Now this this is a trick question.

Think they do?

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

You know, I think it really kind of depends on how the house is set up. You know, an old nineteen hundreds bungalow that doesn't have insulation and cracks everywhere, you can put in the highest efficient window and it'll help. But excuse me, is it really you know, overpaying at

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

Now windows, windows, of course, are.

The biggest loss of energy anyway in any house, just because they're glass. You got to see out of them. Now, insulated glass units have come a long way over the years. An insulated glass unit, by the way, for those listening, is simply a unit where you have two pieces of glass and in between something else or three pieces of glass, and it's basically a really good option an insulated glass unit.

Good insulators?

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

So wood is always you know.

Solid wood.

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

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

It does.

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

Okay, so now when we talk about fifty lines of windows, what the hell could be different? We Okay, here are the components that I see, the main components, the frame, the hardware, and the glass, right, aren't they the three main components and warranties usually Okay, obviously, but as far as construction, a lot of them are very similar.

I think a lot of them come down to, you know, how are they constructed? You know, options, options are huge now. Right in the in the nineties, you know, there was white and beige vinyl windows and a lowy glass, right that was kind of the normal back then. And now you're talking tons of colors outside, tons of colors inside, you know, tons of lowe options, you know, double coach, triple coats inside, surfaces, sound control. You know, it's it's

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

You don't have to put anything in it.

I get it on my cell phone on my computer twenty four to seven. Here's the number seven four seven nine nine nine fifty two eighty seven four seven nine nine nine fifty two eighty I have one here at GERMS. Yesterday we talked about infections and bacteria. I think it was yesterday the day before. Some of the dirty places in your office, in your home, on planes, hotel rooms, whatever. Someone said that they listen to what they do when they travel. They use nicotine tablets. They say that nicotine

You're stirring over there. Why are you stirring?

Oh?

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

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

Hmmm.

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

You can find the benefits of eating poopy on the internet.

Okay, Well, you're atacious or whatever it is ditmacious, but I can tell you that it's in my case at least, it's been wonderful.

Wonderful how well, So it does gives you.

No, not that it doesn't have a stimulant effect on me, but it helps me concentrate to the extent I.

Wasn't able to when there is stimulating. Okay, Yeah, you're totally right.

Yeah.

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

But if you stop taking them, now, you're you're kind of going to be addicted to me.

No, I experiment with that.

I mean, so, why would you be the only one?

So? Well?

No, there is no evidence out there to suggest that nicotine and nonsmokable form is addictive.

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

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

Well, look at it.

I'm not okay, and I'm not saying everybody will have these.

But do you feel nicotine helps with board off infectionist?

I've never heard of that.

Oh well, then why do you do it? Well, you were never a smoker.

He's addicted to even a smoker, but he.

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

It any more.

But but really I'd love to hear people's health hacks, not that I can brag about it, but and then we have Steve that wants to talk about a parking ticket scam eleven thousand that there's got to be somewhere on here. Ruthie wants to talk about a moving company issue. All of this coming up on the Troubleshooter Show. Go with a sure thing Denver's Best roofer Excel Roofing dot com. You don't pay a cent until you're content, time for

Man?

Okay, tell me what's going on? Okay. I ducked into a parking garage at one fifty eighth Steal, which is Cherry Creek, to get out of the hailstorm. I was down there for a few hours. I pulled out. They took some pictures of my truck. The gate seemed like it was broken or something up at the top. I just went up the other side and went out. I didn't think anything more of it, and that wasn't the problem. The problem was is this letters showed up ninety four

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

Is that right?

I got the ticket in the mail, and I got the.

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

Ticket to arm.

Did you get a ticket for parking in that garage?

When you went in there?

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

What's the other, Okay, came out.

I'm talking about I'm talking about when you went in to the garage, not when you came out. When you went into the parking garage, how did you enter it?

I entered in through the gate, and I didn't really realize you will never park in these places. I didn't see anything about a ticket. I didn't see anything about pay.

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

Yes, I started getting letters in the mail every other day. They showed up, one from Daniel B. Kelly and the other one from Parking Revenue Recovery Services for ninety two dollars. And there were okay last week. Last week, when I went to call and pay the ticket on the phone, the lady said, okay, I'll get your twenty percent off on this. I said, on ninety two. Fine. She came

Now, Steve, Steve, when you first went in there?

What was the date?

So that would have been right about August, about six months ago.

Okay, when when?

When?

Here's what I want to know.

Are they I'm not asking if you agree, I'm not asking for your opinion, but are they kind of claiming that you were parked there continually because there was no record of you leaving? So there was a record of you coming in, but no record of you leaving because you left out of the entrance. Is it possible when they were sending you letters that they were saying that your car is still parked there and they were charging by the day.

No, they got a picture of me coming in, and then they got a picture of me going out, and they got okay, okay, got it, then backed out at four thirty.

Then then why are they saying you owe nine? Then when did you get your first letter?

And I'm a first letter just shortly after that, probably maybe like a few days or a week.

And when you got your first letter, how much did it say you.

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

But when you got your first letter, when you got your first letter, did you let them know immediately or pay it immediately or what did you do?

Well? I just dragging my feet. It's been a little tight and I just wasn't able to, you know, really pull it up. Okay, letters were stacking up, and then I got a little ahead here lately, and so I wanted to pay this thing off. And when I did that, yeah, we shot that nine thousand dollars at me twenty percent off. Now the other thing is is since I called on Monday, this sent me another fifteen tickets. Some of them have three coffees in each letter.

I'm sorry.

You can go on to their website and it shows that I have I owe ninety two dollars for every letter and it's been over.

It's okay, I get it.

I get it.

It's a technical I'm familiar with that company.

By the way, I'm familiar with parking garages and parking lotses. I own some and they're privately managed, meaning I hire a company to do this. And what they do is they they have rules and rags, but they're private collections. They're not official, they're not municipal, they don't have any special teeth. It's usually contract law and and and civil law. So they're claiming you all of this. But I want d what do you know about them?

I'm familiar with a with a collection company that's the Parking Revenue Recovering Service. Yeah, they've been trying to collect on some bogus parking ticket from me since last summer. And it was also ninety two dollars. But I've never been to that garage nor the one that this caller had just mentioned. So I called them and I recorded the phone call and I said, hey, I have no record of this ticket. I've never been to your garage and I'm not going to pay it. And they said, okay,

Yeah, what how do they I mean, really that's true. How do they justify that?

Did you ask them why your bill is nine thousand dollars?

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

Yeah, but well, of course, how are they planning to collect this from you?

Well, this guy that he got a letter from, he's a collestion's attorney. I know, did you say, Daniel Kelly?

Yeah, how did they plan to collect this? How do they plan to collect this?

I talked to Mike Wing, which you recommend? And Mike said that they would.

I recommend Mike win for bankruptcy. By the way, just so everyone knows, I don't recommend it for parking tickets.

Go ahead.

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

Right, And he says, they're not going to die that And there's not a world that would give a parking ticket eleven thousand dollars.

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

Are you kidding me? This is almost this is crazy. We should call this lawyer's office.

I'd love to talk to this lawyer.

Hey, I want Deputy D to call on this. Well, let's see if we first, maybe he'll come on the air.

Oh, even better, let's get the let's get this lawyer on the air.

This is great.

You got to take a break.

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Seven seven six.

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

Now.

Ruthie, what's going on with you? Welcome to the show. I'm Tom Martine. What's happening, Ruthie?

Oh?

Thanks Tom, appreciate you taking me. Yeah. Well, so kind of a long story. Yeah, I had a dining table that was custom made by my daughter's dad and myself, and it's a big it's a large table, and so I had a mover offer to move it or to move it and store it for me. So he didn't ask for any money, but I paid them one hundred bucks.

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

So yeah, I actually I had loaned the table or given the table to my daughter and her family to use because I was in an apartment and I, you know, there was no room for it. So okay, yeah, so she she was using it for a while and then then they were moving. So I don't even know how I found this guy, but maybe on nextdoor dot com probably, And so he came and.

But she no longer wanted the table, right right, Yeah, okay, she wants me to sell.

It, so okay, So anyway, they moved it. And this was in Denver, mind you.

So, and what's the name of the mover?

So it's front you know, I've seen two names, front range movers and front Range Moving, probably front range movers. And I can give you the owner. The owner's name.

Is well right now, right now, tell me the story. And who is the owner? By the way, who's the owner?

So the owner is Edgar and his last name is A g U I R R.

Okay, So what happened?

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

So where did he have the table?

Yeah, I don't even know.

I have a receipt.

Why was he Well, well, hold on, what just wait, Ruthie, None of this makes sense.

When you hire somebody to move something, they move it from A to B. So why didn't it go from A to B?

Because he moved it to his storage.

He said he would store it on your request. Was that part? Was that part of the contract.

Well, we didn't have a contract, but verbally he said, i'll move, I'll store it until you need it, and then I will move it.

Got it you want to I got it?

Okay, got it and.

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

How long how long did the table sit in storage?

Well? This was it in eighteen?

What?

What?

Wait?

Wait wait wait wait wait wait wait wait this was in twenty eighteen. Right, yeah, okay, so in twenty eighteen this guy moved it into storage.

Then what So?

Like I said, I was moving around a lot and we were talking.

I get it.

Year was going on, right, and then I moved to where I wanted it, you know, And so I started calling him.

And how long after did you move to where you wanted it? Six years later? In twenty twenty four?

No, no, no, this was I started calling him in let's see, probably five or five years ago maybe so it wasn't.

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

It was probably twenty nineteen.

Okay, Then what happened?

I mean, I'm not okay. So, first of all, he's real hard to get a hold of.

I understand that. But you called him back in twenty twenty and said I want my.

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

Ruthie, May I ask something? How much per day were you paying in storage or per month?

I wasn't.

He never charged me.

How do you know?

I never got anything from him? And he never said okay?

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

No?

Okay, hold on and we'll come right back. I'm Tom Martino. Three oh three seven one three eight two five five. This is going to be a doozy eight eight eight heating dot com. Remember the best cleaning forty five bucks, or you can get high efficiency replacements at the best prices. Three oh three seven seven zero two seven seven six Go with a sure thing Denver's best rufer Excel Roofing dot com. You don't pay a cent until you're content.

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 Martinez, your troubleshooter three oh three seven one three talk three oh three seven one three eight two five five. Welcome to the show. Hey, I I'm talking to Ruthie. Now, Ruthie, there's just some

Then there ended up hanging up on me, and I have no idea. So they have his brother hung up on me before I could even you know, solidify whatever, and the two addresses on the internet or bogus, so I have no idea where they are. Somebody saw the guy Edgar walking around Long Munch and I'm an eerie so I'm not that far from him now.

But why, here's what I think, Ruthie. Here's what I think.

We're going to try to help you, but I'm going to give you a bad news first, but I do want to try to help you.

Thank you.

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

Here's what I'm saying.

If they sold that and say you abandon it or don't say anything and just sold it, or if they're dead fricking wrong and took it, you have no written agreement, You have nothing, and the breach of contract has long expired, so you really don't have much against them right now. In my opinion, that's not a legal opinion. That's a practical opinion based on all the consumer problems I've handled. Now, I don't know how much this is worth. And of course, if it's yours and it was handmade, it's going to

You know? Recently? What did anything change?

No?

But well, the only thing that changed was I had a friend call them and leave a message and say that she was my attorney and they needed to call me. So the next day, miracle of all miracles, they called me and we had a conversation. At the same conversation, it was somebody who works for him, and he said, okay, well we'll deliver it either Thursday or Friday, and that was the end of communication. I call them, no answer,

No, yeah, but I understand, Ruthie. What the hell?

Oh?

I think Mark has a plan? Mark, what do you want to do?

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

You know, I've talked to other movers who say I shouldn't have to pay a dime for what?

Okay, then have them go grab it? I mean her. I'm going to tell you something, Ruthie. Ruthie, I don't believe one mover.

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

Ripped so you don't have.

Come runs as we can.

No Shoot's gonna help.

Come man, This is the Troubleshooter Show. No Tom Martino, Hi.

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

Now.

I've been involved in about fourteen sixteen lawsuits and over my time, mostly people assume me out of anger or I sue them, and you know, but here's the bottom line. What happens is that my attorney grills the hell out of me. You see, you want people that will help you, and they help you by that adversarial mock up so you can withstand the opposition.

And so Ruthie said, here's what she said.

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

That's it, twenty eighteen. She says.

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

I got to go look for it. You got to pay for my time. She said.

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

And so I asked her.

I said, well, we can try to get a hold of them.

And I said, what do you think you owe them?

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

Go ahead, Ruthie.

Okay, So initially I was amenable to one hundred and eighty, but there was no more information than he hung up. And I can't even count how many times I left messages for them and texted and no response. So when my friend called saying she was my attorney, said that I would pay a hundred bucks for them to deliver it, I had that one hundred dollar bill sitting and waiting because I actually believed they were going to come deliver it. So I'm not saying I did not say I should get it for free.

Okay, Okay, hey, Ruthie.

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

Dining room table and shares is not going to work.

There's no chairs, so it's just the table.

And it okay, part, it's just the table that can't part, okay.

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

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

Well, but I understand what you're saying. However, I'm just asking.

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

Well, I have no idea because they don't communicate with me.

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

They said they's good.

Then let's see.

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

Mark, I think five hundred would be a deal.

Five hundred let's just have to meet you and the next break and see what were you going to say?

Bro?

I think they're.

Happy to call them.

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

Of no chairs and the table comes apart.

I can't believe they still have this piece of furniture, but I'll call and find out what's going on with it.

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

What's the value of this table at this point?

Well, we paid forty five hundred and that was like forty thirty forty years.

Wait wait wait wait wait, I swear you said your dad and someone made it.

No, no, no, no, no, my daughter's dad, my ex husband and I had it custom made and Boulder.

Many years.

You had it made.

I get it.

Right, Okay do you want.

Well, yeah, we're off the air. Yeah, okay, so let's do this. Can you get this information for.

Deputy D Sure? And then? I don't know what you know.

Furniture doesn't hold value very well except for antiques and stuff. But a hndred On, for example, a high end table brand new is any from five to ten grand. And that's with uh, that's with table and shares. I don't know, you know, I don't think she has a prayer here unless they just want to be nice, okay. Three oh three seven to one three talk three oh three seven one three eight two five five eight eight eight. Heating dot com the best place for high efficiency heating and

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

No one?

Frank Mimrand the Realestateman dot com. Hey, Ruthie is back waiting for Dimitri. Dimitri's on the phone with the moving company.

I can hear him now.

I want to go to uh Brook at Redrox Roof and Solar Brook. You wanted to give a shout out what's going on?

Ruth?

I mean, what's going on?

Brook?

Sorry?

It's okay. So my furnace totally went out last week and we called Master Services.

Jury was outside, yeah.

About an hour, and he gave us a quote that was half.

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

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

No, I didn't ask. My husband dealt with him, but I'm definitely going to give him a call if I have somebody to ask for a client to see.

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

Most of the folks, I say seventy percent that are in Denver do it because they get a forty five rebate to.

Do that along with the other text.

Holy crap, Wow, it's not very.

Common unless they're doing a new build.

Okay, okay, you know, can I ask you something else? Do you ever put in EV chargers or people do that with solar systems? Oh?

Yeah, all the time.

Usually if they want an EV charger and we're doing a solar system, we just do it complimentary as a customer service piece.

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

The EV charger? It depends on which one they get, and there's a couple of details, but they can get a rebate and a tax credit on it.

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

Hey, Yeah, what's going on?

Tom?

Hey, what's happening with you?

To make this.

A lot, so dealing with an issue right now, that's that's gone all the way to the legal part, and it's super frustrating. So back in April of twenty twenty four, my wife noticed in the wall in our kitchen what looked like signs of water damage. So she googled it, that's what she does. Found out the thing to do was to call a mitigation company to come in and take a look at it. So she found Restoration One,

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

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

Yeah, but you know you're not answering my question, or you're not answering my question. Why did you call a public adjuster.

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

So you thought, okay, got it, I got it? And what excuse did your homeowners insurance give for short changing you?

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

We we went along with.

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

You know what public adjuster? Did you What public adjuster did you call?

We're working with Noble Public Adjusting. They worked in Denver, but they're based in Florida.

How'd you find them online?

Okay?

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

Correct?

Today?

We are.

Restoration One has brought us to court for the remaining balance of their eighteen thousand dollars that they are charging for the mitigation process. Our insurance has paid what they think is the fair value on that, which is about half of it, about eight thousand dollars nine thousand dollars. Restoration One is coming after us for the remaining now seven six hundred dollars plus legal fees because they haven't gotten their full thing paid.

Part of the reason.

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

No?

No, we've got our payment for that. We the payment we got because because the payments came through after we got a hold of the Public Adjuster, they had to.

Go through them.

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

And then uh, you know, like I said.

Now, what was your total what was your total contract with America which is me with Restoration one?

Your total contract?

I know in the beginning they leave it open for auxiliary claims, but what was the initial contract?

How much.

What they claim for machines and everything like that was like eighteen thousand in total.

I believe they said the total job. Did that include machines and restoration and everything? Or are you using someone else for reconstruction.

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

Trevor, Trevor, are you using Is your insurance going to help you with the rebuilding?

Well, we're hoping so that's but we're going to go through a contractor of our choosing. We're not using restoration.

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

Is that right?

Sure?

Yeah, we didn't know the number when we signed the contract. The contract is signed like immediately when they come out to the house saying we're going to handle this.

What well, if there was no number on the contract, what was on the contract?

Tom, That's a great question. My wife was the one that handled that part of it. I was dealing with the insurance part.

So because Trevor, Trevor, it's all going to come down to the contract. Okay, Now here's how most restoration contracts read, like it or not. And I know the story because you tell the same exact story as everyone. Restoration companies come in and say, don't worry homeowners usually takes care of everything. We're going to set up stuff now to mitigate damage so it doesn't get worse. You're required to do that, which is all true. Don't worry about anything.

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 three nine two zero sixteen twenty two. Hey I'm Tom Martino. You're troubleshooter. Okay, Now, Trevor, here's the deal with restoration and insurance like this, restoration especially, we get this all the time.

It's it's all the time.

We get this where people are having trouble and they they end up.

Being taken a court.

We had this one other time, and they the consumers usually lose, unless Trevor, there's true, compelling evidence that there was some kind of fraud perpetrated or breach of contract. So let's just go right there. Was there anything that you and I don't just mean your feeling or what he said she said, they said, we said, I'm talking about stuff that you can really put your finger on.

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

Why Trevor and insurance insurance is the worst. Insurance is the worst barometer you can use for what's appropriate to pay.

Okay, that public adjuster, Yeah, let me ask you something, man, that public adjuster is he mentioned to go to the next step where they get a referee involved.

I mean, this is your insurance company.

There's two more steps that this public adjuster should be helping you take.

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

Mark? Thank you?

What is your public adjuster doing.

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

Can I ask you why? May I ask you why you went all the way to Florida to find a public adjuster?

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

You know, we're kind of in a bind.

We're we're frustrated and struggling with insurance, and that's that's where we you know, to go.

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

SEO. Here, let me see what we got here.

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

We're the first listing that comes up.

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

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

How do we end that that relationship with them?

If we look at their contract?

You run around signing contracts like there, I know.

Trevor, he makes a good point. You run around signing contracts. What does their contracts say.

If I renew, Here's what I would do.

I would assume they're going to get ten percent of anything that's got to do with that claim number.

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

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

They have to, they have no choice.

They'll send somebody out, then somebody else, generally your public adjuster picks a guy for you.

But you're gonna have to do that yourself.

We mark this is.

We've already done that once.

Well, then you have to go through Trevor. Was it called the appraisal process? Yes, and you hired an.

Go ahead, I.

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

Then you've got to go to the go the very next process, the appraisal process.

You didn't go through the second part of the appraisal process, after your experts meet with their experts. The second part is if they don't come to an agreement, then there's an arbitrator that steps in. Okay, you know NOBL is not doing you justice. I would call Noble right now and listen, I'm telling you. I would say to them, under no uncertain terms, you are not doing your job. You did not complete the appraisal process, and you should be fighting for me.

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

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

Into the second part.

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

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Alan?

Welcome, What's happening.

Yeah, So to make it quick. Last year, I submitted my taxes and I think it was early April for twenty twenty three, and then I didn't get any I was supposed to get a refund, but I didn't get any notice until August. And in August I got a paper a request for signature missing information, and they wanted

Same exact they wait, the same exact request.

The same request, except for this time they added in at attacked supporting documents for your entry at fourteenth of whatever for Federal income.

Tax with HELM.

This could be a Form W two in ninety nine w GG. And I tried telling them, I wait a minute, I said.

I don't.

In August they said they did. They needed In August they said they need your signature. In November they said they need your signature or they need your W two.

They need both now. Even though I sent that back in August, they sent them back the letter with the signature.

Got it?

So what did you do?

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

We don't.

We can't give you a W two.

So well, they can give you your old W two. You can get your old Don't you have a copy of the W two you submitted originally?

Yeah, I've been looking for that and I can't find it. So I'm gonna have to call them, I guess again.

Hey, Alan, Alan, this was in November, you got that notice, and now it's February. So you waited, right, So you've never you never sent in that latest request?

Right, No, because I don't know. Yeah, I tried calling my employer to.

Get okay, got it? Yeah, got it?

All right, I've got it.

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

Yeah, it's good.

Have Let's see, I've got the full print out here.

Let me look, Alan that W two.

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

I don't know why. They just seem to be screwed up right.

Yeah, I know I've got it here somewhere.

Well, then here's what I would do. I would just resubmit it. I don't know what the big deal is. 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. Can comparison call Compass insurance paying too much your coverage at dozens of insurance companies find out now three all three

Yeah, Rita, you need advice? Who you don't have?

Come runxious ass as you can show.

Shooter's gonna help.

Come man six is the Troubleshooter Show.

Now, Tom Martinez, Welcome to the show. I'm here to help you, and you know what, that's a good thing because.

We do love helping people.

This hour brought to you by One Clear Choice Garage yours man, I love those people. Twenty four to seven. People say why do they have to have emergency garage or well, do you ever try to close your door and it won't close at night? You can't leave your garage open, especially if it accesses the house anyway. They have all of their prices on their website. Let me

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Welcome.

Let's you see, this show is all about picking the right stuff, doing the right stuff, having the right information when you buy, when you sell, when you have a dispute, whatever. The show is about solving problems. That's what we do. Brian, for example, wants to talk about an HOA problem, an issue. I think it's a vole. Are we talking about environment here? What's going on?

Brian?

Yeah, Well, for the past three years or so, I've been dealing with this issue where the homeowners Association PET planted some ground cover adjacent to my property. And this groundcover actually provides a haven for boles, either a small and almost mouse like and when it snows, they burrow in under the snow get into my backyard because they're attracted to green grass, and they virtually have destroyed about a half to two thirds of my backyard.

What was there before the HOA did the groundcover?

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

What Okay, so it's a lot different in US, and it specifically attracts.

Boles, yes, because it provides them cover or hawks and other burdens.

I get it.

I get it, yeah, And then what they.

Do is is that they come out and I find it happening more after a snow we get a snow. I've actually looked out my window. I've seen these little critters come from underneath this groundcover that's adjacent to my property and go into my lawn. And then when the snow melts, my lawn is torn up just horribly. And I even had exterminators a couple of years ago.

And they say, yeah, And then did you say they're actually getting in they're actually getting into your home.

No, they're not getting into the home. It's only damaged to the backyard.

Okay, And so what does the does the HOA take any kind of responsibility or say they will help you in any way.

No.

Basically the comment that I got back from the HOA, and I'll can I read it. It says we see this complaint fairly often in the communities that that have open space. However, Uh, those are as much part of the ecosystem as hawks and birds and so forth. They're more concerned about keeping or managing the ecosystem or the balance of nature and uh and and and the the end result is sorry, I think you have to live with it.

And the prok listen, you know that's not by the way, they're not totally And I hope you take this wrong.

I mean, you don't take this wrong.

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

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

But I don't have a they have what kind of what kind of a what did you call it? A?

What it's called a beauty band, and it's basically empty space between homeowner's property and the open space where there wouldn't be any planting. What actually makes it even more interesting is that in this development we've got native grass. Last year, many of the homeowners were concerned that this native grass grows the three or four.

Foot high and many of the.

Homeowners were expressing fear that it provides a fire risk and so in response to that, the HOA reached out to the local fire department, and even the fire department recommends a fifteen foot fire break between homeowner's property and the plantings in the open space.

And what's interesting, let me ask you this.

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

Yes?

So does the yard The yard butts up to your house except for maybe the woodschips or whatever around your house. Right, yeah, and then the yard goes up against the juniper.

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

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

I was going to ask for Brian.

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

So anyway, Brian, what do you do about voles? Okay?

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

They don't.

They do not like bright sunlight or hot day. They stayed below in order. There's two different methods that we use to get rid of them.

I treat you Wait a minute, he says. He said they hide under the groundcover, and that's why he's having problems.

Right, But the ground the groundcover is in the open space, which uh exterminators are not allowed to touch.

Well, they don't know what they're doing, because I treat those kind of burrows all the time. I have a seed by.

Well, how do you okay, how would you treat the How would you do this situation to keep the voles from destroying his yard?

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

And the only Brian Brian.

Yet, Okay, so he would then if you picture his yard and a fence, you would put a little border on the inside of his fence, correct.

About fourteen to sixteen inches of this small py gravel.

Yeah, I already, Brian.

What do you think, Brian? Now I got to Brian's. I got Brian the expert to mouse guy and Brian the caller. Brian the caller, what do you think about that border?

Yeah? I think it's good. I already have some stone already down there for about the distance that he just mentioned.

But I could look out my but.

He didn't say stone.

He said he didn't he he did not say stone.

I hear that.

I hear that ear gravel okay, pea gravel okay, But I think there's another and that doesn't.

Mean pea gravel in between stone. It means pea gravel alone to make it a little obstacle course for the voles.

Correct, right right?

I think the thing that with the homeowners is that because they planted it, they're against their own recommendation and.

They didn't leave these But see, Brian, we're not You're not gonna get see this. This happens all the time, and I call it jousting with windmills. You're you can find the HOA in violation, you can, Okay, it doesn't matter because if the board and the people on the HUA are good with it, you trying to change it, it's going to be easier to put up the pea gravel. It's what I'm getting at is you may be technically correct, but you're going to spend thousands of dollars fighting it.

Well, well, let me finish something here. It is their own recommendation that the plants not the oh my god, home on this property.

I know that there's therefore what okay, hold on I oweys.

Brian finish this sentence.

It's the ah joy's own recommendation that they do not have plants adjacent blah blah blah without some kind of a beauty break. Therefore, finish the sentence. Therefore, finish the sentence.

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

They are right.

Now, Brian, you're a sensible man. So I'm gonna ask some questions. Number one, do you think they will voluntarily pay that?

No?

Number okay? Number two?

Okay, what when you have no, I'm asking number two. Number two, they won't voluntarily pay it. So number two, when you have evidence that you feel shows they have and you've said this a million times, that they are violating their own policy, then you have what you are calling negligence per se, meaning that they rules and they're going against the rules, and that's all you have to show. So having this evidence, now this is question number two.

No?

Okay?

Now, Number three, what is your third option? What is your third option? When people will not comply to a contract or contract? In fact, a third it's not a contract, but it kind of is, because they have recommendations that you say, you're going to say you depended on, which, by the way, you're gonna notice because I've developed fourteen subdivisions in the bylaws, it says that if they have recommendations, they're allowed to break their own recommendations.

But I don't want to go there because you're not going to believe it.

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

My third option is to get to find some attorneys which have already reached out that.

That's right, that's right, and I can find you an attorney. Now, let me ask you this, when you hire an attorney, how much did you say your damages were?

Thousand dollars?

And I'm going to have to do it Okay.

Now, do you believe that you are going to win this case for less than seven thousand dollars.

I'm going to have to spend seven thousand dollars every year. Okay, it's not a one time deal. Every year because if they don't eliminate those goals.

I'm going to tell you because the HOA, because the HOA is not fighting with their own money, I am going to tell you how much it will cost you to fight them, a minimum of fifty thousand dollars a minimum. If you win, you spend fifty thousand and you won. If you lose, you spend fifty thousand and you lost. You will spend and I absolutely guarantee it, absolutely positively, it will cost you fifty grand. Now you're claiming you're going to spend seven thousand dollars a year in damages.

Like a little platypus.

Almost Hey, Tom Martinez, you're a troubleshooter three oh three seven one three talk three oh three seven one three A two five five.

Anyway, Brian? That Brian? Oh did my expert hang up?

He sure?

Do?

Is okay?

Brian? Brian?

I want to ask you something again.

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

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

Okay, that's a whole separate issue, though, man, No, no, no, no, that's a whole separate issue.

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

Is not giving.

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

It's not public land right, yes?

And it was on fire last Saturday.

I'm asking you is it part of the HOA property or is it public? And you said, yes, which one is it?

It's part of the HOA and the old reason I'm concerned. I'm okay, I'm getting a little anxious here is because is.

That June it was on fire.

It's a fire hazard. I looked out my window Saturday and Brian the open space.

Brian, Brian, you don't understand something. You think repetition is going to make it more.

Emphasize with me.

What you don't understand is I hear you. You're saying now, in addition to varmints hiding under it, you have a problem, and so do other homeowners with a fire break. I get you. You don't have to say it again. I agree with you. They should have a fire break. Now here's what I was going to say. If the HOA is one derelict in not providing the proper break and not going by their own recommendations or by the recommendations of the fire department for a fire break, then homeowners

Hired the management company.

Why doesn't the HOA order they're the the HOA is the boss, not the management company. Why doesn't the HOA president have a meeting? And you guys decide that you tell the HOA management company that you want a firebreak? Why not.

I'm going to be doing that to see even because they do have an HOA meeting this afternoon. Or I'm going to bring good and of.

Course good that we just had is going to make is going to really a cree.

Now now, Brian, I don't want you to get lost in translation. Seriously, so listen carefully. Your battle is not with the HOA. Your battle you are simply saying to the h we not you. We have to have a fire break. I talk to the fire department, and the fire break is not just for fires. But there's also another issue, and that is our own policies should not have plantings up against property lines. So I appeal to you on the ha to help us pressure the management

But here's the bottom line.

It is you are part of the HOA and you're asking the management company to do what the HOA instructs. The management company does not get to set the requirements or they don't get to set the process, and they don't get to set what they do and what they don't do. They are simply an arm of the HOA. So what you need is to get the HOA behind you and other homeowners to force the management company or kick their asses off the job. Management companies are not

Now, does all this make sense to you?

Perfectly good?

I want you to do it and call us back and let us know. You let us know because you can tell the HOA by the way in your meeting. By the way, HOA, we knowing that there is a problem, and we've already had a brush fire. Knowing this puts us at risk for liability and negligence should something happen and some of these homes be burnt down. Because the insurance companies that ensure these homes will come after us. You better tell them that, because this is no laughing matter.

Top of it.

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

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. I'm Tom Martino. You're troubleshooter. By the way, Genesis Totally series. You know what they do, mold detection and remediation, and they're good people. Mark and his wife so this, and they also do painting. Great painters. Jennis is totally serious dot com. Okay, now, let's talk about

All right? Philip hung up right? No, No, he's there.

Oh hi Philip.

Yeah. I've been told by several attenders that if I buy a house using a reverse in the long run, I can come out with a profit through the line of credit over the property taxes and the initial large fee. What are the pluses and minuses of buying a house using that kind of Martine?

Okay, now technically it's not a profit, but I see why they're calling it that.

Let me explain this to you.

To buy a house with a reverse loan, you need to have, obviously the equity to put down. So what you do is depending on your age.

How old are you? Philip seventy four? Okay, So let's.

Just say, and I'm not sure at seventy four, it might be something around I think seventy five to eighty percent loan to value.

So how much is the home you're looking at?

Well, I don't have a home yet to give a price on, but in the range of say one fifty to one seventy, you're not going to.

Find a house for one fifty to one seventy Where are you looking?

Oh, I've found plenty of houses in that range in Tennessee and Florida.

I'm sorry, I'm sorry, You're right. I thought you were talking about Colorado Denver area.

I'm sorry. So let's just go one seventy five. Okay.

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

Okay.

So that would mean that you would have to come up with the balance. So let's just use easy numbers. Let's see thirty, So you would have to probably, say one hundred and thirty out of one seventy five. So so you know, just do the math. So take one seventy five I'm trying to do this live on the and then subtract about one thirty in the loan you can get in a reverse loan, and you would get about so you you have to put down about forty five okay.

Forty five K, got it?

Forty five k?

Right, So now the rest of the loan, let's shore.

This is just really rough numbers.

So now you would theoretically, oh, absolutely absolutely, how much do you want to put down?

Well, I have to sell my house here first to know for sure, but I without that, I could probably put down eighty or ninety.

Okay, So let's say seventy five you put down. You have a loan for one hundred, right, okay, So on that loan for one hundred, the reverse loan, you wouldn't have to make any payments. You just pay your taxes and insurance, and then that would accrue money against it, right, and then every year a crewe so in other words, that you wouldn't have to pay. Now, what you do is if you have a line of credit on.

Top of that.

See and so let's say it makes a certain amount available that line of credit grows every year by the same percentage as the loan, and it grows the line of credit grows, which means the amount available. It's not really a profit. It's not money in your pocket. It's money available to borrow.

I bet jouretically almost a perfect idea, you know what I'm saying.

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

You don't use it, it sits there.

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

After this one, yeah.

I'm going to take it right after this.

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Hey, I'm Tom Martine.

Hey, using a reverse loan to buy a house may seem confusing, but really what you're doing is putting You're putting down a down payment and then you don't have a mortgage. That's really the way it works. And the down payment will be a little larger than a normal loan, John Clase. So if you're gonna buy, if this guy is seventy four and he's buying a house like for one hundred and eighty, like in another state, so how much would he have to put down?

Approximately assimately about.

He's sixty at that age he'd have to put down so.

They'd lend your pulle.

Oh say, I'm sorry, I was doing just the opposite. I'm sorry, So you do have to put down quite a bit.

You do, yes, you do, and it's it's based on age. But at seventy four.

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

I'm sorry, fifty nine percent.

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

Roughly?

Okay, when does it become fifty to fifty? Is that when you're about eighty something?

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

Yeah, then he's going so let's say Phil, But then he's so let's say live there till he's one hundred and ten. God bless him if he lives out well, that that's right. If he puts down enough money, if he puts down the required amount of money, he never has to worry about the balance ever. But now John explain, if he does the line of credit option, he would literally have to put down most of it, right because if he just puts down the minimum, there is no line of credit.

Exactly right, So you don't get that credit, that growth or whatever on the line of credit. So you're right on that tom And.

If so, he'd have to pay In essence, let's just make numbers easy. If he bought a home for two hundred grand, he would literally have to pay it off.

If he wanted to get that line, yeah, for the line of credit, and then that's.

Okay, So he would buy that hold on, so he would buy the house in cash. Then he would get a reverse line of credit and not use it, and and so he'd have it for emergencies. So on a two hundred thousand dollars purchase, roughly he would have available to him for emergencies.

The how much, oh what would that be? So ninety thousand something like that and the two hundred thousands.

Okay, so let's say he has so now he buys the house for two hundred grand, and then he gets a ninety thousand dollars reverse line of credit. He doesn't have to use it, but if he needs money he can borrow from it, and whatever he doesn't use grows by the same interest rate as the oone.

Right, that is correct, You're right, and it grows, so you get heat. It grows by the same So on.

His first second, after his first year of living in the home, if he doesn't use it, his line of credit for ninety grand will grow by whatever percentage the loan is. And if he doesn't use it the second year, it'll grow again. That doesn't put money in his pocket, but it makes money available more money available. So while I had the percentages wrong, I had the concept correct.

But yeah, and you're exactly right.

Tomp.

Philip.

Do you have any follow up questions?

Kic, what are the odds that the initial height showing hold on hold on shade it down.

All right, well hold on, you wait and we'll figure that out.

Coming right up.

And then David wants to talk about hoa's and more. Go with a sure thing Denver's best roofer Excel Roofing dot com. You don't pay a cent until you're content. Time for an insurance check up free, no obligation in comparison, call Compass Insurance paying too much your coverage at dozens of insurance companies find out now three all three seven seven to one.

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Dix is the Troubleshooter Show now, Tom Martine, Hey, Hey, hey.

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

A member and March not allowed, so he can't be on there, but anyway, so welcome. I'm Tom Martinez.

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

A reverse loan is where you can put.

Down is where you have a loan for the minority share of the house. It's not the majority, so up to maybe forty eight percent. So if you have a house paid for, you can get forty eight percent of that money back, or if you have a loan, you can pay off that loan as long as you have as long as you don't have more than forty eight percent borrowed. If you have less than forty eight percent borrowed, like if your house is completely paid off, you can have a line of credit going up to forty eight

So let's make it easy.

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

That's what it gives you.

Now, Am I explaining that pretty correctly? John Clase with CMG Financial, Yeah, you're.

Doing very good. So it basically grows by what you now interest rate is yeah.

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

And whatever the line of credit growth.

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

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

And by the way, in addition to that, the you know income, it's not income when you draw money out, so that that too, So there's no income either way, there's no income to qualify.

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

Correct, that's that's I won't affect any Medicare or Medicaid that you have. So it's completely tatt John, can you.

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

Correct, that is correct? Yep, we do them all in everything.

I love it.

Yep.

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

The first one was I wonder the odds of negotiating the initial large fee down and how much?

You know, what do you mean the initial large fee? You mean the down payment?

Told me it would cost me fifteen thousand to get the reverse.

Oh, you're talking about the actual charges. You're talking about like the points and the closing costs. You're not talking about the amount to put down on the house. You're talking about the expense or the cost of the loan.

Correct.

And it's well, John, what is mortgage in church?

Oh?

Go ahead, sorry.

John, what are the costs involved?

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

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

Correct, correct, And that's ninety nine percent of that. That's what happens. And it's it's mainly the mortgage insurance, and you get the guarantees that come with the mortgage insurance. Like you know, your house, you could never have to move out of your house, you never have to make a mortgage payment, the line of credit can never be frozen. So there's a lot of guarantees for it, especially if you think about the costs and if you're going to

Okay.

And Philip, you said you had two questions.

What's your other one?

Well, I forgot.

That.

Well, one lender told me I would have to pay fifteen thousand up front.

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

Miles.

You have a question while John is on Go ahead, Miles.

Yeah.

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

Do you understand are they both going to apply for the loan or is only one going to be on the loan?

You know, I'm not sure.

I'm not sure.

What's the best way to do it, John Clace, What is the best way to do it?

The best way is you have to do both of them have alone, because what they do is no matter what, they go off the younger youngest birthday, and so the what you qualify for is based off the younger of the two bars. And no, she would not happen. Yes, she can live there as long as as long as she wants. Also, so if he goes into assisted living, the loan did not become do she can live there. The great thing about it is you can use the loan proceed to help pay for assisted living if you needed to.

Hey, how many months a year do you have to live in that?

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

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

Hey, Miles, how many years apart are your parents?

Well, my mother is eighty eight, my father's ninety.

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

If something happens to her, he still continues.

Okay, yeah, because we definitely have to put him into uh skilled nursing. So we're just trying to figure out the best way to do it and pay for it.

That's how a lot of people do it. They get that line of credit and use that money exactly like that.

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

I want to uh.

Get this special out. Nick Gravine has been with.

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

In Lending dot com CMG Financial, and the number is three oh three five seven seven seven two zero six.

So Nick Gravine is with us. Nick the Home show special? What are you giving?

You know right now?

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

Nice.

Are you talking about two fifty off each window?

Yep, every window?

And then wood clad or would when you say woodclad you mean wood that are clad on top of the wood.

Right Usually, yes, we do do wood on wood though, so you know wood windows, woodclad.

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

Let's let's say I get the house. If the house is damaged, are destroyed, but it's fully covered, than what.

First of all, it would be totally covered because they would make sure you have enough insurance. Yeah, you'd have to have that covered. That's part of the requirement. But let's just go to the obvious. Let's just say you have some kind of deficiency, whether it be an insurance or loan or any reason. For any reason, you're never held personally responsible.

Ever, I don't know what you mean.

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

Any of it.

No one can come after you for a dime. You are free and clear.

Okay, So, yeah, money, I would getting money from insurance then for the destruction.

Of the house.

Now, if your scenario, which will not happen, happened, then you would be even You're right, you would not be able to get your original down payment back. But with a reverse loan, one of the requirements is homeowner's insurance to replacement value. Okay, so you would never end up with a house you could not rebuild theoretically, So anyway, that's it. Philip three all three seven one three talk seven one three eight two five five David, what's going

David, Yeah, thanks for taking the call. Hey, my mother in law, David has owned the house for twenty five years and she's trying to sell it now. Well in doing so, she has a buyer that's under contract, and his realtor did a title search and apparently at some point in time there was a declaration of covenants and restrictions that was here on this property, and I think it was prior to this house being built, which was built in two thousand. It was the first one in

So now the.

Prospective buyer is worried that there's an HOA somewhere that's going to pop up and start charging fees or something. How would you recond dealing with it?

Did the title company uncover these covenants?

Yes?

And are they recorded?

Apparently so yes?

Okay, covenance indeed restrictions right.

Yeah, it's uh covenants and restriction declaration of covenants and restrictions.

Right, not unheard of on now and and now someone is saying, well, wait a minute, if there are covenants and restrictions, there's probably an HOA somewhere that I don't want to be part of correct. Okay, is there an HOA anywhere that the type company? Is there an HOA anywhere that the title company can find?

No?

Okay? So what they're going to have to do is just take a chance.

I've had properties I've purchased where there was a dormant HOA. Now I will say, if there are recorded by laws anywhere, you should go to the county and see if there are HOA bylaws or anything recorded anywhere at the state or anywhere. Those by laws could be picked up by a number of people who live there, and they could theoretically resurrect an hoa, but that would be almost as difficult as starting a HOA. So this person is looking

Of homeowners getting together.

In fact, it would be easier for a bunch of homeowners to get together and form a new one.

So how many homeowners are in the subdivision?

Oh, probably seventy five ish, And are all.

The homes built? Yes, okay, So then the.

Two of the houses next door do not even show this on their beat it all.

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

Yes, okay, Now.

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

No?

Okay, there's never no meeting here whatsoever in this get five years.

She's been there. Now do they have common area?

There is a small park that is maintained by the city.

Well, then it's not common area. So what I'm saying is they've never collected a do ever?

Nope?

Never?

Okay, you just have to disclose that to the buyer and if they don't want to take the chance, don't take the chance.

That's it. It's that easy. I mean, like I said, if.

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

It's common sense, it's common sense.

Why couldn't he get it off there?

Though?

If there is nothing out there and no one can actually show that there's ever been in HOA, there's no documents for the HOA, there's no organization period, why couldn't they just drop that?

Because they're separate and apart from the HOA. Covetence and deed restrictions are separate documents, That's what I'm saying.

But you're saying there's no there's no way to get rid of that deed restriction.

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

What are they?

Oh?

It's several pages of stuff here, And I'm wondering if it was put together prior to the subdivision being built as guidelines to the builder. Well, it was about fees and restrictions, and it talks about association and all of this stuff. But there was never ever a homeowner's association that was actually ever developed.

Look, it's it's an orph we call them orphan documents. Okay, I don't know if you can have them removed. Maybe it can. But this happens all the time that homeowners' associations are started, let's say, by the developer and restrictions, and the homeowners never pick it up ever. And that's all there is to it. I mean, as I said, any group of homeowners can get together and do anything they want. So the seller or the buyer asking, wait a minute, what's to prevent this HOA from now all

The answer is nothing.

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

On the laws.

Actually I shouldn't say that, because you're right, Mark, they can't just haphazardly rope you into it.

Yeah, but if you but but yeah, it depends would think you could go to a judge and get that trapped off.

I mean, I have no.

Idea, but it would be a fast to call it quiet title action. What Well Marc is talking about is a quiet title action. What it means is there's no one to sue and there's no other person involved. It's a quiet title action that you ask the courts to remove it because it means nothing. You could inquire about that. Let's say we could if we have enough time to get Brad O'Brien, maybe he can come on the last few minutes of the show. Of course, we have even more than that, so have him come on and we'll

I'm Tom Marshin.

I your troubleshooter three all three seven to one three talk. I want to go to Brad O'Brien real quick and Brad O'Brien is a real estate attorney real estate firm O'Brien Legal Services olslaw dot com. Hey, Brad, I just

Form a new HOA.

I mean, I guess there's no sure things in life. But what would your answer be to the buyer concerned about a resurrected HOA.

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

Yeah, but the covenance indeed restrictions in and of themselves do not form an h o A. They just nor do they ask for dues or anything else. So we have two separate things, an h o A with their bylaws and covenance and deed restrictions, which are usually adopted by an h o A. What I'd like to know is this, in order to resurrect an h o A, wouldn't they have to find it?

Well the recorded covenants, Uh, those exist already. And if if there's nothing, there are no bylaws right now that that exist. The common the Colorado Common Interest Ownership Act called KIOWA, governs in lieu of actual documents that provide for how to manage a unity. So the homeowners right now can look to KIOWA for what would apply. Uh, you know what what applies now? Because there isn't anything in writing about a nature wig operating.

At this point.

Hey, Brad, Brad, So my my assertion or my my my theory that it's would be the same as them saying let's form an ho A. Yeah, but you can't form a new one and force people into it, can you?

Mark? Mark? Just hold on, he just talked about KIOWA.

Now, Brad, if they could not find the old corporation or the old bylaws and they wanted to form one, what Mark says is, how would that affect this guy that they bought the house? What if they all want to form them but there's some that don't.

Uh, Well, KIOWA provides for how to get an association going. All of the all of the properties in this community are are potentially subject to in HA forming because they eviinitely share they have some common company owned land that's owned.

Well, well, Brad, hold on, I just want to say what he said. The caller, and I'm going to pull him back up if I'm wrong. But on some he said, some of the other properties, like his neighbors, they do not have deed restrictions.

He did not say Mark, He did not say they don't have deed restrictions. He said that their title search did not show the same deed restrictions or covenants. That could be merely a negligent search.

Well, kaiwa applies when you've got properties, separate properties that have some common land owned between them, for example a road or an entrance way.

Yeah, but what he's saying, David's saying there is no common property none, zero.

No.

The city, the town of birth that maintains the streets and the little park is maintained by the city, and.

There are no bridal paths, there are no easements or anything that is owned by.

Okay, okay No.

Well, perhaps this is a clean up operation where you've got recorded documents from a long time ago to have some covenants that have something to talk about.

In the association.

Perhaps these rists could get together to sign something that officially makes them go away permanently.

Could they do a quiet title action and get it off of the deed.

Yeah, that would that would be one route if they can't get unanimity, that may be required to terminate the covenants that.

Are of record.

So, David, what did you say, did they have it or not have it? Or you have no idea.

The neighbor we talked to last night says, know they have never ever seen this document when their dad bought that house next door.

David, Okay, how many times can I say this?

That doesn't mean it doesn't exist. It is a matter. I have seen three title searches from three title companies that are different. Brad. Would you explain that please, that it's possible even if the neighbor said, well, one, my dad bought this property, we never saw that. What would that mean to you? Brad? Yeah?

Most buyers in Colorad don't do not look at the title when they when they buy it. It just sort of gloss over it. They figure that if the someone must have good title, so there's nothing really to look at it. Now, I as an attorney, when I'm retained by a buyer to help with a purchase, I look at title and see what's out there. So you know, if I represent a buyer, I would know that I would find that.

There are no no, And I get where Mark's going. He's thinking, because a title search may have been done on an age twenty five years ago or ten years ago or five years ago, that it's that it's set in stone, and it's not.

There are things missed all the time. Moretly, what I was thinking is, I don't know when this guy's house was built. Let's say some of the homes there were built by one builder thirty five years ago and they had every intention of having an hoa. Then it got orphaned, no one ever did anything, and then independent builders came in and actually built lots and stuff that would never have that hoa in those documents attacked.

Yes it would, Yes, it would mark what you don't understand, deed restrictions are filed on the plat and they would be part of that lot, whether they know it or not. If it's a if it's a recorded deed restriction, and it's a recorded covet in it's done on the subdivision, and whether a new builder came in or his uncle or neighbor came in, it would still be part of that land. You don't just willy nilly decide it's not part of it. Brad was trying to say that it

Yeah, that's what title insurance is for. So if if the title company missed finding a covenant, it was recorded a long time ago, and then somebody tries to use that covenant against against the help the purchaser, that purchaser could go to their title insurance and make a claim.

That's right.

If the title insurance missed it, that's right. But I, for one, I don't believe what David's neighbor heard from the neighbor. I just don't believe it unless you actually see the search. But again, the search doesn't determine the existence. The search just determines the quality of the search. We have more coming up. Go with a sure thing Denver's Best Roofer Excel roofing dot com. You don't pay a cent until you're content. Time for an insurance checkup free,