The Troubleshooter 8-15-24

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Dix is the Troubleshooter Show. Now, Tom Martino, Hello.

Tom Martino here, Welcome to the show.

This hour brought to you by or this show Today.

Buddy Mitchell simply Floorsinc. Dot Com, I should say, Buddy and Karen Mitchell. She's really the brains, and I gotta tell you it's a great place to go for floor coverings, Simply floor sink. We'll be talking to him, but we're gonna talk to our callers first. Now here's what happens. You call three h three Martino, you get right through. If we're not here, you leave a message. We'll get

Seven one three talk.

I hope in all of this madness, you know, we really do have a lot of crap going on. I've never seen people more upset and divided, and it's not just election years. I don't know what's going on and you know it's not my father talking, or my mother or my grandmother.

It really is happening, man. People are just getting so pissed off.

In fact, there's an article on marriages breaking up over political division.

I don't know why we can't just get along? Right? Who said that? Anyway?

By the way, and this has to do with disagreeing, you can no longer disagree. If you disagree, you're a hateful, disgusting person. And perpetrating most of that hate is the Digital Center against or the Center against digital hate. It's amazing the groups that are supposedly fighting hate create more division than anyone in the world.

But I digress. Listen, this is not a political show.

Although I have comments here and there is speaking of comments here and there and everywhere.

Is a major Mark Major on of course I am major Mark Major. Okay, what do you have to say?

Well, I'm glad Buddy Mitchell's in. Honestly, man, those guys do a knock up job. People that need flooring. I can't say it enough. He's been out to our house numerous time. He's done a lot of stuff, and he does a great job. And I love the fact that he comes to you I mean, he's got those three showrooms, but I like him when he comes out.

Now, let's talk to David. Now, this is an interesting topic mold. In fact, I'm not sure mold is on the disclosure?

Is it?

Mark? Do you know if mold is on the UH seller's disclosure You've I don't know if it is.

Actually, Let's ask Frank drand the real estate man if you could really quickly, and then we want to talk to Mark Schamansky about mold because he's an expert at mold. He has Genesis tootalexteriors dot Com by the way they do mold mitigation. Let's talk to first David and then meanwhile, Kachina, if you could try to give Frank Dranda real estate man, I'd like to ask him about it. David, what's going on?

Okay?

So this isn't after the fact situation.

Sure, sure, what's going on?

Okay?

I had bought a mobile home and the seller must have actually known that there was number one, a previous fire. They have not remodeled. They fixed the mobile home, and they did it insufficiently, and there was actually leakage from the roof or whatever. There was mold in the walls, there was mold in the floor, and so when I bought it, I do not honestly believe that the lady disclosed.

These these problems.

Okay, hey may, I asked David, when did you buy it?

Okay, this was in twenty twenty one, twenty twenty one.

Now when did you discover all of this?

Well, shortly after I bought it, I started trying to repair.

I also want to get Brad O'Brien on O'Brien legal services, he does real estate law.

I'll go ahead, keep going. Now, is this a deed? Is this a deed or a title?

Well, it was, it was deeded to a piece of property.

Here's what I'm asking. Is it on a private lot or is it in a mobile home park?

No, it was on a private lot. And that's my question is what is the statue of limitations?

Well, we have to find all this out. So here's what we're going to do.

Hold on, we want Brad O'Brien, O'Brien legal service, is we want Frank Duran, the real estate man. And then we'll also talk to Mark Schamanski about mold. So you hang on, do not hang up. We're going to come back to you all right now, Paul says he was scammed.

Out of eighteen grand. I'm sure. I don't know what that's about.

Paul.

What's going on? Are you there?

Paul?

I am here?

How were you scammed? Sir? How were you scammed?

In January of this year, I was approached by I live in Windsor, Colorado, and I was approached by a local Windsor businessman to invest the money with him to help him grow his business.

And how much did you invest?

Fifteen thousand?

Now?

Did you.

Did you have anything in writing?

I did?

And what were you supposed to get for this fifteen grand? Were you getting ownership or what? Were you going to get?

A six month loan to help him buy a piece of equipment for his business?

That was so.

It was a loan. It was not an investment. It was a loan. Is that right?

That's correct?

Okay, that's important. And you loan fifteen grand to the business. Now what did he also sign personally? Yes, you're sure of that.

I am sure.

In fact, the loan was to him for his business.

Okay, okay, good Now what I want to know is what were the terms and conditions?

It was a six month loan, a.

Six month loan with interest and light cheese if the payments were not made on time and so.

And what happened? Okay, and what happened? What went wrong?

Well, no payments were ever made. I don't believe that the piece of equipment that he told me he wanted to purchase to help him grow his business was ever made.

What equipment was that, sir? What equipment?

Well, he's a he's a car detailer, and he wanted to expand his business to include something called vinyl wrap.

How long was he in business?

Oh, he's been in business for probably two to three years. And I've actually done business with him, and that's how we came in contact over this. I've had him detail some cars for me in the past.

And okay, so hold on, So where does this stand right now? When did you loan that money? Six how long ago?

In January? January?

You said that? I'm sorry you said that? Okay, February March every man. Okay, So he's passed due. So what is he saying about it now?

Well, it's just been a series of uses, he said. Well, they dropped the machine trying to load it into my car.

So did you have a security agreement of any kind or any kind of collateral.

I did not.

So all you have now is the All you have now would be the ability to get a judgment that is correct.

And what what I didn't know at the time. I'm a senior citizen. I'm eighty years old.

Oh my goodness, Okay, principle okay, and.

So my mo I guess you'd say is has always been to help people, you know, better their lives. This guy has six children.

You're a very kind man.

You know. I've actually done a lot of this kind of crap and been burned so many times. I can't even tell you, Honest to God, I don't know. I don't even I don't learn a lesson. I guess I've done a lot of different things. I mean, I'm not going to try to toot my horn right here, but I need to tell you that I'm always getting kicked in the face.

Yeah.

Well, yeah, you know.

I just believed him, and I believed in him, and that was by mistake.

I guess.

I think the only thing you can do right now, Paul, really, the only thing you can do, and Buddy, you can chime in. You're a businessman, a practical thinker. In fact, I want to include you in more than just floor calls.

But you do have a very logical mind. I'm thinking this guy his main deal is a judgment. That's what I'm thinking. It's a judgment. Yeah, that's it. That's all he can do.

That's what Yeah, swim and small claims court.

Get a judgment, Well, if it's fifteen grand, it'll have to be county court. But if you get a judgment, then you can start attaching stuff that he owns, vehicles, real estate, anything.

Does he own anything?

That's what I don't know. And what I've found out since is that he declared bankruptcy and two twenty one?

But did he It doesn't matter. Now that's good news. Do you know why it's good news?

Buddy?

He can't do it again.

He can't do it again. Did he do it? Chapter seven?

I don't know?

Okay, Well that's good. Guess what it's before your bill, not after. He can't go bankrupt. If you get a judgment, this guy's going to be in a world of hurt.

Yeah.

And so what I've come to find out is that for me to pursue this legally, then I have to hire a lawyer spend more money to try to.

Well, it's going to take something unless you County court doesn't necessarily need an attorney for this. You can go to county court. I forget the limit of county court right now? The maximum seventy five hundred small claims court. Okay, so you could go for small claims court.

I don't know, man, what do you think you don't want to do that?

Well, you mean try to recover at least part of my money?

Yeah?

Is that?

Well?

No?

Or go to county court like county court, Frank, I'm looking up county court right now.

The maximum is twenty.

Five thousand dollars in county courts in Colorado. It was increased in twenty nineteen from fifteen to twenty five. So seventy five hundred is small mark. Seventy five hundred still small claims right?

Or did it go out as of this second? I believe? So?

Oh oh, you believe it's seventy okay, but twenty five thousand it would be county court. Listen, County court is not an insurmountable task unless he lawyers up. But if he doesn't, you can just you can just write out a complaint, have him served, go to county court, show the agreement, show the default, get a judgment. He likely won't even show up. I mean I would take a shot at it.

Yeah, why not.

Probably that's probably my only course of action. His latest promise was that his mother was going to loan him fifteen thousand, but then her father died in Kansas since she had to go back for a funeral, and then she was supposed to pay me when she got back from the funeral, And of course that never happened.

It's just been Now remember this.

If he lawyers up, you're going to have a problem. But you can file.

Here's what you do.

You have to represent yourself. That's called pro se. So you prepare the documents. They're online, the required forms. You go to the Colorado Judicial Branch website. Okay, I'll try to find that url for you. It's Colorado Judicial dot gov. Okay, all of the forms are there. Did you get that Colorado Judicial dot gov. You go to the self help forms. Go to the self help forms. File your case. You can do it. E filing, you can do it. If you register as an e filer, then you serve the defendant,

Now why do I say you need one?

If he lawyers up, Mark, tell him why even if he's right telling me, because he'll.

Get out and maneuvered and can lose his ass and end up paying the other person's attorney's fees.

With the rules of civil procedure.

But I would try pro say first, and I really would, And I want you to call me back, and.

I want you I'm not putting you off. I want you to do this.

If you have any trouble with any part of it, you call literally three to zero three Martino. Tom, this is Paul, the eighty year old man. I'm having trouble with this. Fore or I'm having trouble with this, We will get back to you. I'm Tom Martino. We have more coming right up. Go with a sure thing Denver's best rufer Excel roofing dot com. You don't pay a cent until you're content. Time for an insurance check up

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 Martino, your trouble shooter three O three seven one three talk three oh three seven one three eight two five five.

Okay, So I want to.

Uh go back to David. Hey, Frank durand the real estate Man. I want to ask quick question.

Is mold part of a disclosure?

Good morning Tom. The answer is yes. Here's the thing. Two things on that on the seller's property disclosure item too moisture, under water, you would disclose there. But here's the second part of it. There's a portion where the buyer signs where it says the buyer should also have the property tested for a number of things, including the presence of mold or biological hazards. So that's on there a couple of times where they have that opportunity.

Now, what do you think?

First of all, is a mobile home on a private lot?

Is that considered real estate?

So Tom, here's the deal. If they own the land and it's purged to the land, we can sell it as real estate if it's if they're renting the lot. The answers, no, it would be sold kind of like a car.

Okay, But in this case, it was on a lot owned by the Let me get that straight, David, you did buy both.

The lot and the mobile home. Is that right? David? Did? He's okay?

And David, David, do you so you have a mobile home on a lot and you bought both and you did a disclosure statement?

Uh?

Well, I yes, I believe I did, but I did not have an inspection.

Okay, But hold on, here's the next thing I want to ask. This was due to water damage?

You said, Well, yes, I believe so, but I don't know that for a fact.

You said there was a previous fire. How do you know that.

Because of the evidence. When I actually tore it down, you could see that that there was.

That there was burnt wood.

That was when you tear You didn't tear the whole mobile home down, did you.

Oh?

Yes, sir?

So what are you calling about now? I guess I guess there's what are you calling about?

Now? Your evidence is gone?

Well?

Correct?

Correct?

So well, about the statue of limitation.

Well, what difference does it make if you sued right now? If you sued right now on non disclosure of issues, there's no remedy, no remediation, no way to go back and fight, no way to defend themselves.

What would it matter? You destroyed your evidence?

Well, correct, and that's you.

Destroyed everything, David. You tore the damn house down? Is did you carry away the debris?

Yes?

Oh?

Bro?

What do you got a lot? Now you have a lot? What did you pay for this whole thing?

Too much?

Too much?

Come on two and ninety five?

What kind of what size lot?

One point two acres?

Okay, listen, what are what would one point two acres go for in and of itself?

Oh, like than one hundred thousand or something?

Okay, Well, David, seriously, there's no reason for us to go on. I mean, you tore down the damn house and carried it away, even if you were within the statute. But Frank, do you think isn't it like three years for uh, non disclosure issues on a home?

I don't know. I don't know for sure, do you, Frank?

You know, Tom?

I don't know that there's even a cap on that. I think that that can go on forever.

I mean with real estate, I don't know if it can go on forever.

I think there's there's a certain amount, there's a certain statute a little bit.

I don't know if there's an actual cap on that, Tom, I can find out. I just don't know.

Yeah, yeah, yeah, yeah.

But but here's the bottom line. It doesn't matter. It really doesn't matter at this point. I mean, you can't do anything. You know, I don't even know why we're talking. I mean, I would love to be able to help you. But first of all, Frank, would they if it was flooded or fire or previous damage?

Do they have to disclose any of that?

Yes, any information like that would be considered a versus material fact, Tom, So they would.

Disclose that, okay if okay, all right, fine, and here's the deal that would have happened. I think at this point, I'm going to be straight with you, David. I think you'd waste money going to an attorney.

Yeah.

I don't even know how.

I mean, how would you even do it? I I unless you know, I'd love to talk to our real estate attorney when we get a chance, too, And then I want to go now back to Mark Schamansky real quick. Thank you, Frank Duranda real estate man dot com. By the way, if you need an analysis of your property free of charge, what it will sell for, what you'll net,

Well, I think it just depends on the value of the home. Like you said, I mean, if it's something not of much value, then probably not worth it. I guess if it's a brand new one or a newer one that you know you can take apart and clean. That would be an ideal situation or.

Like a modular maleally different.

What's normally involved in remediating mold?

Mark basically be able to get to it and remove any can you know, remove it any contaminated material that you can remove, and then treat the ones that you can't remove, uh.

With you know, special chemicals that that's what it's made for, and then you seal it and go on.

That's right, That is correct, okay.

And of all the calls you get on mold, what percentage is dangerous mold? I mean it all, it all wants to be stopped, obviously, right, and you want to get.

Rid of it.

We have go ahead.

Most mold we have here in Colorado's black mold, and there's two hundred different species of black mold, and so you got to watch for the ones that are dangerous and to see it. That's the one you have.

Okay, But of course you want to get rid of it, even if it's not so called toxic. But but for sensitivities. But uh, there's different levels for different things. Mark, thank you very much, Genesis tootalexteriors dot com.

Uh, when we.

Get a chance, I'd like to ask the statutal limitations for disclosure issues on real estate from Brad O'Brien O'Brien Legal Services. Uh, we have more coming up. I have Buddy Mitchell with us from Simplyfloorsinc. Dot com and eight eight eight heating dot com. Right now, we'll take a look at your ac your furnace going into fall, whatever

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

Time for an insurance check up free no obligation comparison call Compass Insurance paying too much your coverage at dozens of insurance companies find out now three 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. All right, Tom Martinez here the statute of limitations for non disclosure is

Now, I want to talk to inmate Sean. Sean.

I want to get right to you, because I know it's not easy for you, probably calling on the phone.

Go ahead, sir, Yes, I'm.

Here, mister Martino.

How are you just warning?

Good? Now? Are you right now in jail or in prison?

I'm in prison.

So you've already been convicted and sentenced, yes, sir? And what is your one viction here? What's that, sir?

My conviction? I'm on my sixteenth year at prison.

Oh my god. What were you convicted of?

Sir?

Yes, I was convicted of conspiracy to commit murder after deliberation and murder after deliberation. It's off to saying victim. And the problem with this case is I'm unequivocally innocent.

But the issue here is the government railroaded me.

From this start, starting with the Humphrey.

Here about him, David Glackpool.

Now, hold on, Sean, You're you're fading in and out, so I want to make sure I hear you.

You say you were railroaded.

Now, by the way, Sean, it actually is not unheard of for this to happen, So I'm not going to say it's in poss but a lot of people say, of course they were wrongly convicted.

So let's just go to the main points.

Go ahead, Okay, Well, in this case, the only witness to this murder had already told the prosecutor and the lead detective that I was innocent of this crime.

Who told the investigator told them the.

Only eyewitness to this crime to this?

Okay, here's what I want to know. Tell me about the crime.

First, someone who was murdered, and someone murdered someone.

But were you accused? You were not accused of being the actual murderer. Yes, I was.

I was accused of being the actual murderer.

Okay.

There was a home invasion that took place on to Shepherd six two thousand and six. Uh to a Sailor's Editor. Home Wan did a sailor's take the victim us side and executed the victim and.

You you were.

Okay, so hold on, so they said you were that guy that took the victim outside and killed them?

Correct?

Correct?

Exactly?

Now had you before this? And hold on? When did this? Suppose when did this happen?

I mean.

Dember six, two thousand and six.

Okay, Now what I want to know is this, were you in two thousand and six prior to that?

Did you have a criminal record?

H Yes? I did?

Yes, I did.

I did have a criminal record for possession of marijuana.

That was the only pride that I had ever had before.

That's it. You were not. You had no record before that. Now how were you round? Now?

Let me let me just ask you some questions. Were you part of that robbery?

Sean?

No, I was not.

I absolutely was not.

I was unequivocally.

I'm unequivocally innocent.

Where were you, Sean? Where? Sean? Where were you at the time.

At that time?

I listen in Colorado a lot?

I lived here.

But why were you rounded up? Here's what I want to know. How were you arrested for this robbery?

I was arrested for this crime based upon third party years sake, but that of the evidence that makes me innocent of prosecutors and the lead detective overlooked it. They had They got interviewed the Holy Eye witness to this murder a year before I got indicted, and he told him he's saying the silent at the And how.

Many years were you saying? How many years were you sentenced to?

Sean?

I was saying, as the life without barun was forty eight years?

Wow?

And and have you been trying to appeal it?

Yes, sir, Yes, sir, I have been to not fail. The courts have the corstops in my favorite that this was an exculatory Brady violation. Hey, you talk to a lot of lawyers, They'll kill you.

Now.

Do you have currently hold on?

Do you have Are you working with anyone on any of the innocent projects or anything?

Are you working with anyone right now?

I'm not.

I do have a lawyer. I'm in my pstviction.

Proceedings in the district court on this matter.

Okay, Sean, here's what here's what we need to do. I want you to listen. Is there how do you communicate with people? I can't just call you right.

You actually can't because we've got these top lists now and you can't download the Secures app and call me.

So if you if you hold on, if you gave a phone number, I would be able to call you.

It was more of an app. It's like an app that you tell load and you call this tablet and they'll they'll let you call me, just like a sillhol But I.

But are there certain hours I can call you? Yeah?

I think until twelve midnight.

Okay, listen, Sean, do me a favor. I need you to leave the I need you to leave information about that app. I also need you to leave. I also need you to leave an address where I can write to you or do you get email.

I'm gonna start at the email yet, but I don't have an ass.

With your Okay, I want you to leave. Listen. I want you to leave and.

Go ahead my actual.

Okay, Sean, if that's true, I'm gonna I'm gonna hear you out.

We just can't do it on this one phone call.

So please, I'm gonna put you on I'm gonna put you on hold and Katchina.

I need every.

Which way I can to get a hold of him and the name and number of his attorney. Please do that now. If this man listen, I know everyone in the world, especially my YouTube morons, they're rolling their eyes right now, blah blah blah.

But here's what I say.

All I'm going to invest is a little time and energy to look into this. If there is someone sitting in jail, truly, truly, who is innocent, it wouldn't be the first time. I'm not saying he is, but what the hell on the chance he could be, Maybe I'll look into it. How about that. I don't want him to waste this phone call. I will at least look into where he has at. I mean, we've heard. I met a man one time convicted of a murder on death row and I got involved in this case and

It is. It was a chilling story. I Stephanie and I did.

The story and it's published somewhere online still but listen it happens.

So are you going to contact his it TONI Toms.

Yeah, of course I am.

Okay, and then I just need to get this information.

Like I said, who knows it's not unheard of?

Now that's a I mean to be sentenced to life plus forty eight years without parole. I mean, you know you would hope that they had evidence of this egregious crime. I'm Tom Martino Moore 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

Jamie?

Well you good morning. By the way, Yes, thank you for taking the time to take my calf.

And if and if we do run out of time, I just want you to hang. So what's start out the problem?

Okay? Well, I needed an arborist, and I called a friend and you know, asked a couple of people.

For a referral.

So I got this referral and when I called them, they came out the same day to give me an estimate or an appraisal, and I was like, fantastic. And what's the name of the arborist, Mendez tree Removal.

Okay, you know, we had a big complaint about them before, a bad They did a terrible job. They didn't they left a bunch of crap and anyway, what happened.

Yeah, they I mean, they could have done a better clean up. However, So I guess the uniqueness of my situation.

Is the house I live in was owned by my.

Grandmother, So I've withs in this neighborhood for quite some time and the lady next door I've basically grown up with and she turned ninety on July twenty six, So I as a county already has lanes against her property because she's had different trees that are overgrown.

And fell over.

Okay, hold on one sec hey, Shannon, Shannon, we're out of forty four right, yeah, Okay, the music is coming, So Jamie, I don't want to rush you. Here's what I need to ask, and we'll take you up right after the news.

Did you hire them to trim or to remove?

I hired them to remove a stump and trim trees in my property and also my neighbor that's ninety.

Hey, hold on and we'll come right back to you. Go with a sure thing Denver's best roofer Excel Roofing.

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

Three time for an insurance check up free, no obligation comparison call Compass Insurance. Pay 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.

Ripped news you needed, that's who you don't have. Come run anxious as fast as we can. Shooter's gonna help.

Come six is the Troubleshooter Show. No Tom Martino, Hey Tom.

Martino here, Welcome to the show.

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Carpet or would you do hardwood? What would you do?

I did carpet in my bedrooms and hallways and hardwood on my main floor. Okay, I have a two story home. It's carpet upstairs. I love carpet. I have carpet in my basement, and then I have a really nice area rug okay in my living room.

All right, now let's go to the phones again. Jamie said she hired an arborist, Mendez Tree Removal, to remove a stump.

And trim trees for her and.

Her neighbor and her ninety year old neighbor. Okay, so now continue your story.

So they were supposed to come, that was the twenty second and they were. They came right out immediately. You know, the day I called to give me an appraise there, and the scheduled to come out two days later on the twenty fourth. However, on the twenty fourth, the truck load of the owner and because the owner had set someone else out for an appraisal and everything seemed to

Guy.

His wife was having a baby. So they asked if they could reschedule till the next day for my trees, and I said absolutely, good luck with the baby. But at that time I also walked to property with the owner and said I practiced started to eden, you know, gardening, and this is the scope of our agreement. You know, I'd like to have like the larger logs.

Now you me at this point though, at this point you hadn't paid.

Anything, right, No, yeah, at this point I hadn't paid anything.

Why didn't you just okay, So, so did the job ever get done?

So they did most of the job, and I had we had like an agreement for scope and everything, and they did most of the job. And during that day, like I have a friend, so she is going to write a statement or if you need be for yeah, a, you know, like a.

But what I need to know is what is the complaint They did most.

Of they didn't cut it.

They didn't trim things to scope. My concern with my neighbor is she has trees that were growing into her house. And I had said, I can't afford to cut her whole property, but please give me an estimate for cutting the trees away from her house that they're not growing into her house. And there was we walked around the property and we had talked about the scope and like, you know, just well we come back.

Okay, an easy question.

At least it doesn't sound like they ripped you off because they didn't.

They didn't.

They didn't cut it to scope.

And then I had asked, so I get it, Well they come back, and will they come back and correct it?

That's what I have been asking for them for the last three weeks. And I would also like a receipt for payment, and they have not provided me with a receipt.

And how did you pay? How did you pay? Well, that's wrong, that's wrong, and I have a witness.

Okay, here's the problem. Unless you get the receipt at the same time. You can kiss that goodbye if he ever wants to contest it.

What about writing a ten ninety nine to the irs?

Well, you can do that all you want. You can do that all you want. I mean, how much was the job?

I have text receipts to show through.

Che Oh good, So he texted you he texted your receipt.

No not, I have. I have my screenshots of my text messages saying that I you know that the exchange made and asking for the estimate. So it's all through text messages.

And how much did you pay completely for twenty four hundred? Okay, Now this guy will not come out and finish. Is that what you're saying?

Yeah, and he's two times he has said he will come out and do it. I'll send my guys out today to do a good job, and then they don't show.

Okay, let's just call and see we can make a difference. I don't know if we can. Let's try first the buzz deputy doc. Let's do that the friendly way first.

Okay.

He had his wife call me from her cleaning business number Saturday to say they'd be here Monday and my dad was visiting. I came back from Breckenridge early Monday so I could be here for them, and they didn't show.

So I had a feeling if we call, we're gonna shake something loose. So hold on, Jamie, Doc, talk to Jamie. Let's get a number. Let's call real three seven one, three eight two five five.

Bob, what's going on with State Farm? Alan?

I haven't forgotten about you either. What's going on, Bob?

Are you there? Bob? State Farm? Well? I I was okay, he must have dropped a Sorry Bob, I tried. Now there is a dock on the line, but not Deputy Doc. Is that right?

Oh?

No, I want to take Alan. Never mind, I want to take Alan. He's been waiting longer. Alan, go ahead.

Yeah. I talked to you briefly yesterday, but yeah, the show.

And toward the end of the show, you want to know about debt consolidation, and I said, debt consolidation is usually a ripoff when you get solicited for it.

Tell me the terms and what you're calling about.

So I have.

Somewhere around sixty thousand and credit card debt due to a lot of legal fees and being unemployed.

And what is your income?

Well, right now it's zero. Well I make a little bit as a handyman, but I'm trying to find a new job.

So the chances of you getting out of debt? Do you own anything at all?

Yeah?

Well, I have a lot of equity in my house.

How much? How much?

Probably five hundred thousand?

Oh my god, Then you're not going to do a bankruptcy. You have five hundred thousand. What is your loan? What is your loan on that house?

What's remaining is probably three hundred and fifty thousand, so that.

You have an eight hundred and fifty thousand dollars house. Or more right, what part of town is that in?

It's near loan Tree, Okay.

And you're not exaggerating about the value of your home.

No, and it could be higher than that.

What is the interest rate on your current loan?

Well, that's the kicker. It's two point seventy five.

So but you listen, let's uh, you can get a second on that.

I already have an elog so that's another debt.

Well, you never even talked about that when I said, then.

You don't have the equity. I mean, how much is your he lock.

Okay, so yeah, you're right, elock what's left is probably seventy five thousand.

So you have three hundred plus okay total debt against your house including the first and the helock?

Is how much total.

Debt grantedy four hundred pight something like that, So.

Three hundred and fifty plus seventy yeah, okay, and the house.

The house could be worth nine hund to it.

No, I get it, I get it. So but but and what is the What is the rate on your he lock?

It is like four?

Okay, you're going to have to do this, keep your first in place.

And pay off the heelock and get some extra.

Money with a second, and your rate's gonna go up. But your blended rate's gonna go down because your credit card debt's gonna go away. Are you delinquent on your credit card debt?

Not?

Right now?

Okay, here's another question that's really important, Alan, This is really important, man, I mean, do you have a way. I don't think you can borrow money on just equity because you don't have any income.

Really, how old are you?

Fifty six today?

Fifty six? Happy birthday?

Hold on, man, you have a bit of a problem in that you have a ton of equity, but you have no income.

So that job and I possibly have a job coming in the next few weeks, so that could change.

Yeah, but let's say this. You get a job in a few weeks, then you have to have a history and what kind of work will it be? What income will you have?

I would probably be one hundred and sixty thousand.

What kind of job.

Project manager and oil and gas?

So you know what the hell you're doing, is what you're saying, right, Alan?

Yes?

Good? How long you've been unemployed.

For five months?

That's March okay, So it's not like you're just okay, got it all right?

Now?

The legal fees are they still pending? Do you still have judgments or any problems?

No?

No, it's just been ongoing legal fees with fix White and that's created That's what created all my debt.

But is that over right now?

It's over for now. I need to spile emotion at some point, but I can wait on that.

Is this okay? Hold on? Because this is really because there's a reason.

I'm asking when it comes to borrowing money in something called less pendance. Hold on, I'm Tom Martine three h three seven to one three Talk seven one three eight two five five Denver Regen dot com. They do hair what do you call it? Regeneration? Really, Denverregen dot com with stem cell therapy.

It's actually working for me.

Okay, I wasn't going to talk about it. I'm not saying that, you know, I'm Samson right now, but it truly has filled in a lot of spots, and it's just been about four weeks, three or four weeks, and you ought to check it out. Denverregen dot com. 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

So that's the dilemma we're facing right now, Allen.

How imminent is your failure to make payments, Because once you don't make those payments, you're screwed.

Because you're not going to be able to refi or that.

Second yeah, on the mortgage and the helock.

You mean, I want to know on everything, how imminent is your failure to pay.

I could probably hold out another two to three months.

And will you have income by then?

I plan on it one way or another. It just may not be enough to make my monthly payments.

No, no, no no unless you consolidate. So I think what we need to do is we need to get.

An expert on.

And we need to get an expert on regarding consolidation.

I want to start with Ideal Home Loans and Brent Ivanson, So Kaschina, let's try to get brent On to talk about this and see what we can do.

Three zho three seven to one to three talk allan, hang on, and then we'll make a couple calls. I want to ask them about the qualifications for a second and how long you'd have to wait, and what the rates might be doing with those seconds, because I'm almost sure you don't want to touch that first. That payment is very low and manageable. Buddy Mitchell is with us from simply floors Ink. As you'll see if you're streaming right now, we had some questions, some floor covering questions.

I had one about cutting a.

Threshold near a door to keep liquid from wicking from the door when moisture gets at the door people walk in. I personally believe that if you have an exterior door of any kind, having carpet right up to the right up to the threshold, in my opinion, is not a good idea.

That's why I'm think in houses you always see some kind of a tile, landing or something when you walk in a door. I don't actually know how you feel about that, buddy, but in general.

We do it all the time because it's done all the time.

But I agree when because even if the door doesn't leak, just walking in the door, you're constantly on that carpet.

Yeah, a lot of the basement builders that we work with, we do a lot of work for like basement remodeler guys. Yeah, and we always recommend they put a tile or some sort of landing that you come inpe your feet off, take off your shoes so you don't get the carpet trashed.

Somebody has a question on inlaid hardwood, do you have people that can do design or inlays with darker woods to make a design in an area of hardwood. No, you know what I mean though.

Yeah, that would be a site finished company. We don't do site finished hardwood. We pre finished hardwood.

Okay, So how are they done?

They literally cut the pieces now or maybe have a computer design it and then do it all at once.

Yeah, it depends on You can buy pre made ones, oh you can, okay, yeah, and then you just you know, a really good carpenter can cut it out and inlay it and then putty it, sand it, stain it and finish it.

You know.

That's a site finished floor.

And somebody else wants to know. Do you do tile?

Yeah, we have a crew that we work with that does the actual labor. We sell the material. You do sell material, We sell the material, and then we work with the guy you met it.

No, no, I know, yeah, we're going to use that guy. So so tile is it getting more popular or less or the same?

About the same.

But it's a pretty steady. I see tile all over the place.

Even where I see hardwood, I see a lot of mixed media or a mixed flooring.

Do you see that a lot?

I mean, I don't see any houses with any one flooring, you do, but they're they're rare normally.

If it was my house, I would just put I would. I would never put LVP in a bathroom in the cross powder unless it's a powder room, right, because.

Of the moisture.

And I wouldn't put it in a laundry room.

What about a finished basement.

We put it in finished basements all the time.

Oh you do, okay, So why wouldn't you put it in a bathroom? Because water is just not its friend. Well, LVP is waterproof topically.

If it sets in water over time, it can curl and get britle, but you can't seal it. So I had four kids, right, Yeah, when my kids got out of the tub, you know, get wet. And if that water goes and gets underneath the tie the LVP, now you can cock it.

But you know how cock is it.

You were just saying you had a door that you've done everything you can to keep water from coming in. Once water gets under LVP, it's going to start growing mold. The LVP won't, but the wood will. And you know, and now you have plastic trapping water on your wood floor. And so anybody that recommends that it isn't smart. You know, if you want to seal a floor so you can get it wet.

Now use tile.

Somebody else wants to know something about why let me take this break. It's about putting flooring over a basement concrete floor. What are the best ways to do it? Some people were told they can go right over it. Others said they need a sub base of a floor. Some people said they need a thin set. They want to know what they should do. Three oh three, seven to one to three. Talk is our number seven one

Would love to help you. And also if you have any questions about uh not just floors, but we're going to talk about something else that buddy's an expert at Hey, Tom, I.

Spoke to you.

That's outdoor cooking. Oh my god, he's a genius. What I spoke tones you did? Oh good, we'll talk about that coming up. I'm Tom Martino.

Three O three seven to one to three talk and speaking of waterwaterpros dot net. If you want soft water around the whole house, good for your laundry, good for your skin, good for your plumbing, good for everything.

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Was truck.

Dan and yeah, that's amazing.

Tom Martino here three oh three, seven to one three talks you'll see seven one three eight two five five. We're trying to get a hold of our mortgage expert doesn't seem to be available, but alan what we can do is contact you when we get a hold of them.

I'm almost positive.

You're going to need income to get that second, otherwise you're going to pay out rageous amounts on a what's called a hard money loan, that's a collateral based loan.

Well, one thing that we haven't talked about yet today what I mentioned yesterday. I'm more concerned not about the elock, but about my credit card debt. I have that sixty thousand dollars and it's an average splended rate of twenty percent. That's what I really think I need to get rid of.

And you will, and you and you can easily easily with a consolidation loan on your home, but you're gonna people are very reluctant to do thirds. So you have a first and a second, and you pay off your second and increase it by maybe thirty I mean, that should be very.

Easy for you.

So that would be a total of about one hundred on your second, three point fifty on your first.

Your house is worth nine hundred.

You should have no problems when it comes to LTV or loan to value. But your debt to income ratio will be reduced because they take into consideration what your debt will be after the consolidation.

But you still I don't know what income you're going to need. That's what we were going to try to do, is pre qualify you or look for other options.

I don't know what else to tell you. A hard money lender is going to be eight or nine percent okay on one hundred grand easily, So you know, are you prepared to pay that? You could probably get an equity only loan for about one hundred grand if your house appraises and that, but but you know that's a lot, and usually a hard money lender doesn't want to admortize,

So what are your payments?

Now, let's just say worst case scenario, hard money lender, they lend you that for They lend you that for six months or whatever or a year until you establish then you refy it.

That's really what you do. You refy the second how much is it? Let's just say your payment was seven fifty or eight hundred a month on that one hundred only how much that's a.

Lot less to what I'm saying on my minimum payment something credit cards?

What is your minimum payment? What do your minimum payments add up to.

For the credit cards, probably twelve hundred for E for the the second or for the keylock, it's about five fifty.

So you would save a ton of money doing it this way, but you would, you know, don't rush into that because hard money lenders. I don't want to make it sound like they're bad guys. I've done some hard money loans in the past.

It's there.

They are people who simply want to get a short. When I say short, up to five year return, a decent return on an asset that's pretty secure. But they will never do it for less than that, for less than a few points over the market, because they could they can get a T bill at six percent right now, you know what I'm saying, So you gotta there has to be incentive. But I think worst case scenario that I was trying to quote you, I don't think you'd have a problem finding a lender at nine percent.

I don't. I do not think so.

If I, even if my credit rating is pretty low, that's.

Exactly what a hard money lender doesn't care about. Let me put it to you this way, if you have a home. And I hate to put it in these terms, but if you have a homework nine hundred, you have three fifty against it. Somebody loans you one hundred, now you have four fifty. Okay, so five fifty six fifty seven fifty eight.

Fifty, So you have you have like, let's say four hundred and fifty thousand inequity. Let's say even four hundred.

If I gave if I loaned you the money at nine percent and you defaulted, I would be thinking, the Lord, you know I'm not I don't mean, I'm just kidding, you know what I'm saying. But in other words, because I would be able to sell that house, get all

I don't like profiting or somebody failing. Do you know what I'm saying.

My whole idea is to help someone succeed, and if someone can't make the payments. I had one time a guy who did a hard money loan with me, I told them, listen, this is the worst thing you can do if you're not if you don't plan this, I said, you got to pay it back now. I didn't end up foreclosing on the guy because I just couldn't. But so to me, it was like an unsecured loan almost because I didn't want to put him on the on

Okay, now, Bob, here's what I want you to do, Kachina or if you can help me here Bob, Alice and Mike, I can get to all of you coming up. Just hang on three oh three seven one three A two five five.

What's 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 wow three all three seven seven to one. Help You'll think you're his only customer when you choose Frank durand the real estate man dot com to list your home with Remax Alliance three

What's going on?

Yes, sir, I uh had a two thousand and five Gyms Sierra diesel truck stolen here a few weeks back, and State Farm wants to settle for nineteen thousand what they call cash value.

And I know it's not a.

Replacement cost, but just to come close to what it's worth. I tried to do some comment.

Now, hold on, So it's a two thousand and five diesel truck.

How many miles one hundred and thirty nine thousand, which is a really.

Little one hundred and thirty nine thousand, And how much do they want to give you for it?

Nineteen plus tax.

Nineteen? And where do you why do you think it's worth more?

Well, there were several modifications done to it pretty sweet ride. There is a power chip put in, and I got an estimate to put it in.

Well, hold on though, when you increase the value of the truck, did you increase the stated value on your insurance?

I told them everything that was on it when I got it seven years ago.

How much do you feel it's worth. They want to give you nineteen plus tax? How much do you think it's worth?

Twenty four? Cash value? About twenty nine or thirty?

Retail?

Yeah, it doesn't matter what retail is. It matters what.

Well, actually it kind of does and kind of doesn't. They kind of have to give you what it's worth. And when you said retail and cash, they should be close.

I would think they would be the difference between wholesale and retail for a dealer.

Yeah, but they don't.

But your plan doesn't pay you wholesale. It pays you replacement for that vehicle.

It doesn't mean that it doesn't.

Well specific they said, this is not a replacement value.

Okay, no it's not. It's it's no, it's but it is. Let me explain. Let me explain this. Okay, they have to pay you what it's worth.

Presumably if they pay you what it's worth you should be able to find another one for that price. Yeah, way, like if they said it was worth fifteen grand and there's not a truck anywhere for that price. Well it's while it's not replacement, they mean it's not replacement in a new You don't get.

A new truck, but you do get what you lost. Now.

I want to get compass on to talk about this, but I also want to try something else. Okay, hold on, I want to see if we can get petty details on again, Katchina. If we can't get petty details, I heard someone advertising all over Khow recently called Auto Value Experts. They're a new sponsor and they claim to do what petty details does.

I'd like to I'd like to look up that ad and call them.

Okay, are you are? You're hearing me right, Kagina, Just to blink twice whatever? Anyway, So I think they're called auto value Experts. So hang on, Sarain, We'll do that, Shan and make sure she heard that.

Please, thank you. Well, she's looking at me, but I can't Okay, does she have like is she fogging a mirror?

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

Yeah, Rita News need advice so you don't have come running just as fast as you can. Shooter's gonna help come MANX is the Troubleshooter Show.

Now Tom Martino, Hey, Tom Martino here, Welcome to the show. Three oh three seven one.

Three talk seven one three eight two five five. What's happening in your life today? We have Buddy Mitchell with us from Simply Floors Inc.

Dot com.

If you need any floor covering advice of any kind, they're the experts Buddy and Karen Mitchell at Simply Floorsinc.

Dot com.

We also have a number of topics going on. I want to get right to Bob says, and I want to talk to two people. First, Jeremy at Compass Insurance. Bob says he's.

Insured by State Farm.

He had a two thousand and five GMC diesel truck one hundred and thirty nine thousand miles stolen. State Farm wants to settle for nineteen grand. He says, I don't know if that's fair. I don't think it is. I can't find anywhere anything like it.

Jeremy, Compass, excuse me, Jeremy.

State Farm told him that it's not supposed to be a replacement value, it's actual cash value. And I said, well, technically, it's supposed to be what it's worth at the time of the incident.

Is that true, Jeremy, Yeah, And.

To just define those terms actual cash value is going to mean what it's worth at the time of the loss. Replacement would be to buy a new one.

You don't I understand that.

So if in fact it's worth what it is at the time of the loss, it is kind of replacement for that particular.

Vehicle, you should be able to find one exactly.

Yeah.

Yeah, yeah.

So if they offered them a price that he thinks is unfair, now I know there are we have justin on from Petty details justin petty and he does appraisals and stuff and estimates and loss of value and excuse me, yeah, diminish value and all that. But Jeremy, when it comes to policies, do they make an offer usually that's lower than what is Where?

Is that a common practice?

Honestly with my companies. If I deal with two of these a year, that's a bad year.

I don't.

I know.

People think it's probably a lot more common. And I can only speak for the ones, you know, companies we work with, but I run into this a lot. I mean, it can happen from time to time, and what we typically want to do the first thing is and I know what happened with Mark once is asked for the comps that they're pulling to get you evaluated.

And I want to ask you something else.

We always get this argument too, People say, well, I did a lot of customizations. At what point is it your responsibility to add to your value?

If that makes sense.

If you're insuring app let's just say you're insuring A sixty four and you have a lot of crap on there, is it your responsibility to do a stated value of more?

It is?

Yeah, I mean any kind of classic car, you're always better off getting a policy.

Well, this is a five, so this wouldn't be classic, would it. Okay?

So yeah, on a regular car, anything that you've customized, you need to add coverage for that because the policy isn't really designed to pay enough. It's something made. They'll probably throw it in by any kind of you know, you get a lift or you had just whatever piece.

Hey, Bob, what kind of stuff was custom on this?

Most of it was there when I bought it.

It was a power Yeah, it doesn't matter if it was there when you bought it. But what was not stock.

What was not stock was the powership chip which boosts the power temporary.

How much is that worth?

Well?

To do it today?

And I got an estimate for an five, Sarah, to do it to a like truck today.

Was fifty.

Actually, well that would have required additional insurance, I think, Bob.

But yeah, I'm going to ask. I'm going to ask for petty details. I'm not gonna because he's thought a lot of these. So Jeremy, thank you very much. That's Compass insurance. By the way, home of the insurance check up. Make sure you're not paying too much and again insurance is getting outrageous. They can't always beat the price, but they'll give you an idea if you have a good deal or not.

Three h three nine nine six nine thousand. Let's go to Peddy details justin.

Are you there here?

Yep? Justin.

What you guys do is a great service for people. You let them know if they're getting screwed by their insurance or by other people's insurance. So what I know you probably hear this, But what do you think about a two thousand and five And I'm not asking for an immediate value, but the principle two thousand and five GMC diesel truck one hundred and thirty nine thousand miles. It was stolen. They want to settle for nineteen. He

Well, your typical auto policy will have a definition of what constitutes this, you know, custom equipment, and they'll typically have a thousand dollars limit, so you should have one thousand dollars any way you look at it, or any any component that is defined by the policy that would be custom equipment, so things that are not produced for the vehicle by the manufacturers, such as that chip, So that would be a custom equipment subject to a limit on the policy typically.

Now, Bob, what else in addition to the chip?

Yeah, I put a topper on there and painted the massive truck cost me twenty two hundred seven years ago. I called in today, they want thirty seven hundred to do it.

Now what do they do? Do they justin?

Would that be a thousand for all customization or a thousand per customization?

It's a thousand for everything, but bedcaps and campers are excluded from that definition typically.

So if they're excluded, are they cover? Yes, they're covered, so they're not if they're not figuring that in there? Can he say I need this or can they say, well, we never ensured that.

No, that the camper or or tono cover either or considered a cap at cap and that's covered.

So it's not part of it, even if it wasn't there when he first got the insurance and he added it years later.

Yep, okay, So.

Tell us how you work at petty details. We really want to know, and don't you have the other website? Isn't it called diminished what's the website against.

Sir, sure, Yes, diminished Value expert dot com.

Diminished Value expert dot com. He's also on referral liss dot com. Tell us how you work? Is there any part of your service that is complementary?

Well, yeah, I mean every time we take the case on the review of it is of course complimentary. We look at everything and see do we think that there's any value there that's being missed that we can help with. So the you know, the screening, So do you give.

Him a first blush idea of what it's worth?

Yeah, I mean I was.

I had questions. Is it a twenty five hundred extended cab crew cab? You know some details, but I could definitely tell him what the value should be really close and what he could potentially.

Get, So Bob for that they have a complimentary service. But then if you want to hire him, what is the best and worst case scenario if they hire you?

So best case scenario would be that we are able to agree on a value that's you know, way better than what's being offered. Yeah, because of.

And what would that cost if you got involved directly? What would that cost?

So it's it's five hundred and fifty dollars typically.

Okay, Now here's what I want to know on this truck. Can you answer some of his questions? What size is it? Is it twenty five hundred yes, COOKAB twenty.

Five compact share okay? And so this has got the which whitch engine in it?

Sixty six diesel six point six diesel durromatt.

Let's see durromats is they never get they never get diesel trucks, right, Just so you know, this is a common a common type of vehicle that we get. Okay, see here.

Wow, so that's the test.

However, I love just checking with him.

Yeah he said it had one hundred and thirty two or something like that.

One nine.

Yeah, quite low knowledge for.

The that it is here.

It's one reason I bought it seven years ago because it was a low miles TN.

So let's see it's an automatic, yes, sir, it's got they have a lift kit. No, nope, that has.

Air socks in the back. Okay, that's another add on though.

Yeah, all right, yeah, gosh, I'll see.

This is interesting.

I'd like to know.

Let's see, and they're offering nineteen plus tax.

Let's see here. Yeah, see, it's gonna be real hard to find a comparable vehicle. And I would I would think that that's probably a little low on that vehicle.

I would.

I would think that you would see them at twenty five somewhere he was buying. He was thinking, it's probably it's you know, nineteen is not terrible. I would expect the carrier, most carriers off or twelve or thirteen on a truck like that, But they just don't get them right. The sources that they use and the companies that they use to do though, can't hold you're out of diesel.

S Does he go back to them and say nineteen is low and then see what they do first?

I mean definitely if they're most of these carriers, adjusters don't have the authority to negotiate outside of the report that they're required to use. So it's real hard to make any headway negotiating with them. But it's worth a shot. If you're a great negotiator, you might be able to get them to come up enough to where it's not worth you know, hiring an independent appraiser.

Yeah, yeah, so why don't you try that first, Bob? And then and thank you?

Just told me to go to the CNT team.

I'm sorry to interrupt. They told me to go to the CMP team and upload comps. And as your Amanda said, comps are really hard to find.

That it's like the truck.

So what I was trying to approach, I was trying to do is find comps for a stock truck, which you're average twenty five to twenty six money termines.

A big part of the price, and this is low Miley's.

And then say, well, these add ons are worth something.

Yeah, yeah, but hold on, but you're not going to get add ons that you never reported to them.

And in short, bro, you're just not going to have it both ways. Now, you can get some add on value.

But if here's what I want to know, if you can show just the regular base damn truck is twenty five grand, don't go any further.

That's all you want it anyway, Okay, all right?

I mean, I mean, if all you wants twenty five grand or twenty six and and there's no reason to go beyond the normal truck.

If that's what you're telling me, you're finding, you're finding they're worth You can't find any truck like that, So just do that right now, and then we'll get and again.

Let me tell you how to get in touch with Justin Petty or Diminished Valueexpert dot com when he's not here. It's two one four two one four two two seven.

Two one five four one five four. Guys, I'm Tom Martinez. We got 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 comparison call Compass Insurance paying too much your coverage at dozens of insurance companies find out now three all three seven to seven to one.

Help.

You'll think you're his only customer when you choose Frank durand the real estate Man dot com to list your home with Remax Alliance three oh three nine two zero sixteen twenty two. Hi, Tom Martino, your troubleshooter three old three seven one three talk three O three seven one three eight two five five. Let's talk to Mike about the table refund. Go ahead, Mike, what's going on?

Mike?

Yeah?

I might have been scammedal my either dollar taber reef by this online internet place. How well, it's called texlayer dot com and they claim to be an affiliate the United Way and they'll follow your uh, your.

Application or by the way, did you three funds go out already?

I don't know, but I heard a commercial say you got like a until October first or something otherwise you're gonna wait till like next year. But I haven't received anything. And I went to the website and I.

Haven't received anything either. Buddy, did you receive your taber? I didn't receive No, I don't. I don't know anything about it. So anyway, keep going.

So you went to what website.

It's called text player dot com. They claim to be last shoot of the United Way the words of free And.

Do you think did you have to put in all your information about yourself and you think they got your tabor?

That's one I'm wondering that I have not received any information.

But maybe yeah, but you got to explain to me this website you went to. What is the website? And what do they purport to do?

Well?

They claim to file your taxes for you electronically.

I think it's like a TurboTax.

Okay, thank you, dragging it's like a turbot tax.

Yeah, I guess I didn't received anything, but I don't know.

Okay, did you go to the tax website after you did not receive your taber? Or did you do it from the beginning to do your taxes?

I have not gotten back there since then.

But here's what I'm asking. What brought you to that website?

It was an email?

Okay, so that's why you went.

You went there to do your taxes, and you believe they received your refund.

No, That's what I'm wondering. But if you ever received it and no one else has, what is taking song Dragon?

Did you get yours? I don't know of anybody who got there, So.

I think it's a little too soon at that point, isn't it? Because I think was it this time roughly last year? Pullus was getting it to us all soon before the election because he wanted to make sure he got reelected.

Well, he wanted to take credit for it, which was in place long before him. I know, I know he made it sound like he was the one doing it. Here's what I need to ask a couple questions here. I need the actual website.

I their their phone number is? Now?

How about their website. You got their website.

Support at my Free Taxes dot Com phone number eighty six six six.

Five.

I haven't tried any of this yet.

Real quick six, real quick question.

No, you used tax Slayer as your tax software though, correct. Yeah, so this isn't just some random email that you got from a company saying, hey, you missed your table refund, use us to get it.

No. No, he said it was tax Slayer, correct, which which he has used in the past.

No, I haven't.

You've never used tax Slayer.

No, they claimed to be from Did you ever check with the I R S to make sure it was filed?

No?

Because it's it's so circu this.

Well, that's the first thing you need to do, right. The first thing you need to do is you can see if your file, if your taxes have been filed. That's the first thing.

Yeah.

Mark Major is really great on this. He helped last time, helped what get get get a refund from uh uh the Coro Department of Revenue.

Yeah.

Mark, Mark's really been great on this.

Good. But here's what we need to do first.

Okay, I need so when Mark helped you before, did you had you done your taxes to the same service.

No, I didn't. And then it was a website specifically on C dot rev or whatever it is, and it's not there now, and they just I don't know what's okay.

When your first of all, Mike, you have to help us. You're making zero sense to us. So let me get this straight. One time you filed your tax you didn't know who a refund was. You called and Mark help you. Now you file your tax with tax Slayer and you think maybe they took your refund or you don't know where it is.

Again, you don't.

Even know if if that that tax service actually filed your taxes. You did not even go so far as to see if your taxes have been filed?

Is that right.

True?

They just sent me a confirmation email.

Okay? Who sent you the confirmation email?

Tex splayer?

Okay, can you send us a copy of that confirmation email?

It was last year or.

You don't have it?

No?

Yeah, okay, so.

You have Do you have any way of knowing, for God's sakes, if tax Slayer actually filed your taxes?

No?

I don't. Okay.

If you go to tax Slayer right now, can you log in?

I haven't tried it?

Well, you got to that. Okay, you have to you have you're the one that did it.

So if I went to tax layer right now, there's a log in with a username and password.

Do you have a username and password?

I haven't tried it. I don't know that's true.

Well, in order to.

File your taxes, you had to have gone on with a username or password. So I'm asking you, did you ever have a username or password?

Oh? I have to go back and check.

Well, the answer is you did. Okay, Now what you do? Here's the good part.

On the login page, it has a place for forgot user name or forgot password.

You can do both.

So all you have to do is supply your email address. Do you know the email address you would have used when you logged on?

Maybe? Okay, maybe, okay, I'll tell you what.

Then, when you find out any information at all about yourself, then go to TaxSlayer dot com and retrieve your username or password or both and log on to that. That place will have a record of your filing and then we can help you.

And Mike just say we're very clear here. Do not click on anything you got in that email.

No, go do go to tax slayer. Go directly to TaxSlayer dot com.

Directly go to can I go to call a department?

No, here, go to taxlayer dot com retrieve your username or pass. That's really what you need to do. I got to move on my three oh three seven one three talks seven one three eight two five five. Jeff has a question on evaluation of a Ford. Now, now, Jeff, do you have the same question as that other guy?

Was your car? Was your truck stolen?

Actually? No, we have a vacation home in Nebraska. Yeah, and we got hit by a tornado wo with me my neighbor's garage landing on top of my garage. And this truck was just Christine. It was a two thousand and eight Ford and ed didn't have a scratch on it anywhere.

Was it registered?

Oh yeah, okay yeah.

And so you're going to get what a normal two thousand and eight four truck with that mileage is worth.

Yeah, And that's what they tried to do. They tried to give me fourteen thousand for it.

And what company was it? What company?

H Shanitar or Century Century?

Listen, here's the thing with an ass Yeah, that's right. Century.

Now listen, you're only going to get what it's worth okay, even if it was in pristine condition.

You'll get a little more for its condition. How many miles were on it?

There is ninety three miles on it, ninety three thousand.

Okay, listen, here's what you can do. Did you get that number for Petty Details?

No?

I didn't.

All right, hold on and you'll get it. Kachina will get that for you. Call Petty at Petty Details and ask what the valuation is to see if your clubs. They can help you. Okay, and most of their help upfront is free of charge. We got more coming up on the Troubleshooter Show three O three seven one three eight two five five. Go with a sure thing Denver's best roofer Excel Roofing dot com. You don't pay a

Martin here three three seven on three talk.

Tom has a question on tree damage, and speaking of trees, we're gonna talk to Deputy dot who's got an update on this Mendez tree removal.

But first let's talk to you, sir. What's happening? Tom? Hi?

Tom? How you doing?

Yeah?

A couple of weeks ago, about a weeks ago, I had a gentleman decided to park his pickup truck on my property between two large trees. He actually took out one and damaged ford.

And who did this? What it was it a company?

No, it was a It was a young man driving his truck at seventy miles an hour and a twenty five sev alone.

Okay, so did he is there a police report? Was he caught or did he leave? What happened?

No, there is a police report. He just he was carried out of an ambulance. He didn't he didn't walk away.

But you know, well, okay, so his insurance will have to pay for damages to your property.

True, I understand that. Well, my question is I mean when I live in the very north and tip of the flat forest, these two trees that are seriously damaged, and I've already had somebody come out and look at maybe removing them, said that they're not going to survive, so we're gonna have to have them cut down. But I'm wondering if they have a value, because they do.

Yeah, yeah, they do.

Now I find that dal that I don't know, but I do know landscaping has a value. Now it may not be worth what we think it's worth, but again, what we could do is called compass and see what they suggest. They had to have come across this before, so hang on. Now this is the result. See and this is different. This is not your own insurance or although it could be as well, it could be either his insurance or yours. Does his insurance offer anything? Are they cleaning up or doing anything?

Right now? I just got the police report today, so I haven't contacted anybody other than another tree guy to come out and take a look.

Let's talk to Compass.

I need to.

We need to talk about home owners versus auto versus. Yeah, like who's going to pay what?

So hang on and we'll get somebody on three oh three seven one three eight two five five.

I'm writing down Compass Insurance.

And ask if if the kid was alive because it was a fatal accident, it puts in a whole different story.

Not with insurance, it doesn't. Why would it change anything. Uh, that's a good point. I thought it might.

If if the person was deceased, then they have to go through his Uh it would be story right.

Oh no, no, no, no, absolutely not. It's if not if he was insured.

Now, if he was uninsured and you're suing him, then you would have to go to his estate.

That would be true, that would be true.

But if he's insured, the accident happened while he was alive, that that claim is alive.

Okay, good point. Yeah. Now what about the Mendez guy? What happened? Oh well, I want to explain to people what happened. Jamie paid him forty twenty.

Four hundred bucks to remove trees and trim around her house and her neighbor's house, and he did a bad job and it's incomplete.

What did he say, Well, he said it was complete.

And they went back and forth. I went on a three way call and they went back and forth a little bit. But he is going to send somebody out there tomorrow, and she's they're gonna take pictures and I told Jamie that before he leaves, while he's on site, call me and if if it isn't done to her satisfaction, while he's there, I'll find out exactly what it is she wants done that isn't being done.

Well, he said it, So is he going out personally? I send me one of his guys out.

Okay, and he's but he claimed it was done correct.

So was she surprised at that? Uh? Yeah, a little bit.

You know, people get defensive when you when you accuse them of things, and we didn't accuse them of doing a bad job. I said, look, there are a couple of little things that she wants taken care of. And basically I said, he'll send his guy out. And like I said, I told Jamie, call me before he leaves, and if there's anything that hasn't been done that you want done, I will talk to the guy and we'll get the satan care of.

So I will give you an update probably on Monday. All right, three h three seven one three eight two five five.

Go with a sure thing Denver's Best roofer excel roofing dot com. You don't pay a cent until you're 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 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

How do you put a value on that tree?

Wow?

Well, so, if it's a normal damage, the problem is if you're you're claiming it on your own policy, they put the value because they have a limitation. But if you're talking about going after somebody else because of what damage they did to you, that's different. That's kind of outside my scope because it's not really an insurance issue at that point. It's more of the value of the tree. It's more of a lawsuit.

But yeah, but I guess I'm asking you this.

Would do you believe an automobile liability policy extend to landscaping damage?

Yes?

Yeah, absolutely, that's liability. Still, I mean you did damage to someone else's property and that tree has value, no doubt to it. So yes, your liability or the driver's liability should pay for the damage to that.

That's what we were asking. So, Tom, you're not barking up the wrong tree. Tom, that that but you're But now Compass can't tell you how to get it evaluated. You'd probably have to talk to an arborist or something exactly.

Okay, Now, okay.

Again, there's going to be a limit. There's not going to be a replacement of that exact tree. That tree has a value, and what you may have to do has planned a much smaller, younger tree and take the rest in cash.

In other words, when you get compensated.

For loss, it's not always going to be it's not going to make you one complete all the time. Like it may be impossible to transplant a tree that big. Yeah, so anyway, but there is value to it. Okay, that's the question. Now, Brian. Another question, what if this guy was uninsured or what if it was a hit and run? Would your homeowner's policy cover that so?

And that is where you would have to actually look at your policy language.

There is coverage for trees.

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. Pay too much your coverage at dozens of insurance companies find out now three all three seven to seven to one.

Help.

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

Yeah, ripped of bad news? De need advice, you don't have the come running just as fast as.

We can show.

Shooter's gonna help.

Come man, This is the Troubleshooter Show. Now Tom Martine, Hi, Tom Martino here, Welcome to the show.

Three oh three seven one three talk seven one three eight two five five. This hour brought to you by one Clear Choice Garage Doors. When it comes to garage doors. You know, right now a lot of these companies are being bought out by big giant equity firms, and they're not as local as they used to be. One clear Choice Garage Door still does a great job coming to your house twenty four to.

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Let's continue. We're here talking about anything you want to talk about. Three oho three seven one three talk now, Marlene, what's going on with you? Marlene, Welcome to the show. I'm told to check my email, which I'll do. Apparently you sent an email, so go ahead. Start your story.

Well, about two years ago, I contacted home Depot about repairing some windows in my house, and the sales reps insisted that I had to have replacement windows because I'm one of the windows that still was rotted and the other window, a double pane glass was broken.

Yeah, And so I believed him and we order you know, it.

Was like two to three thousand dollars. So there's placement windows.

And then they came out and their chuck cut the sill where it was added and just butted.

Up some new wood.

He didn't take the entire sill out. And so I contacted Home Depot again and said night, Now.

When you went to home Depot, did they sub this out or was it Home Depot? I think they have a company that's an approved vendor, right, their.

Sales rep is Home Depot and the contract I signed was from home Depot.

Okay, And how many windows?

There were two windows, and so the one had the rotted chill.

And that's all.

Wait, wait, so you only bought two replacement windows. Yes, and by the way, I just want to tell you something that was probably a good idea, not you know, to replace them. Now I can't speak to what they did. So are you saying that both replacement windows were jacked.

Yes.

When they did the installation, I'm the one with a rotted sill, they said I needed a new window because it had a rotted sill, and they didn't replace the entire sill. So they came back fan died out colomy.

It three times to now.

Now where does it stand today? What still needs to be done in your estimation?

Okay, on the other window that didn't have a rotted sill, that chill is now completely rotted. And I called him and I said.

Wait a minute, this should be a two year new shill.

They never replaced the sill on that other window, even though they claim it's part of the window.

So now I have a totally rotted sill.

They sent out an inspector.

He said, wait, wait, wait, are you saying a sill or a still.

A still the war bottom part of the window that is part.

Of the window. Are they saying it's not part of the window.

No, the thing is part of the window. And that's why I needed new replacement windows. But when they installed the window, they didn't replace the sill.

Well, that's ridiculous. Okay, hold on, hold on, so right now, though, let me let me get this straight. If they replace the sill, are they available separately?

They claim no, but they didn't do it when they installed.

The new No.

I get that they didn't do it.

Then if they did not do the sill, they installed a window and took the sill off the old window and put it on.

The new one.

No, it's just part of the framing and so they didn't.

Have to touch it.

I get what you're saying. So you're saying the inside trim had the sill on it. Yes, okay, I want to explain something to you. Listen, now that I know what you're talking about. There are drop in replacement windows that do not include the sill where the sill is part of the trim, and if they did not do new trim, you would not get a new sill. But there are some windows that include sills. It really is whatever you signed for.

Okay, Well, they told me that they would replace the shills, because that was my problem, was that.

In your contract.

I believe it was.

Well, let me see your contract then, Marlene, because listen, if they said windows and sills and trim, then you get it. If it doesn't, you're not gonna get it. I mean, Marlene, listen, I understand what you're saying.

Though.

I understand they looked at the sills and said, oh man, you need all new windows. I think what they were saying is the reason your sills are rotting is because they got wet from the old windows. You need to put in new windows, which was probably correct, But the sills themselves, if they are attached to the molding. When you look at the sills and they pulled out the windows, that sill was still attached to the molding.

Is that right?

Yes, Okay, then it's not I know you're not gonna like hearing this, but then it's truly not part of the window.

Exactly.

Well, well, it can't be that much to put two new sills or even all new trim up.

It can't be that much.

Well, they insisted that they couldn't do that, that they had to replace the windows in order to replace them.

Marlene, Marlene, it doesn't matter about that. I get what you're saying. They were kind of right.

They're telling you that if they replaced the trim and the sill, it would probably rot again because of the old windows, the old windows.

Probably how old were the old windows They were.

Thirty years old.

Yet then they needed to be Listen. I don't think you did a bad thing replacing the windows. You just got to get your head around this. So now all you need to do is put in new trim with new sills. That is not unusual to do when you change the windows. But if you did not pay for the trim and the sills, it's not automatically done.

I did pay for it.

We're okay, then you're gonna okay, put her on hold. Show me the contract because I don't see it in your email. Show me the contract that says replacement windows, trim and sill. Just show me, and I promise you will fight for you, okay, because I need to see the.

Contract because you you you said they don't. They said it's not part of the replacement window. Okay, it's not.

But you said you bought everything, the new sills with the trim. That's what I need to see, Kachina. There's no sense going in circles. I need to see your contract. Three oh three seven one three talk seven one three eight two five five. So, buddy Mitchell, we got a quick question here about the They want to know on a basement floor, someone recommended a sub floor. Someone else recommended a thin set. They want to know what does

Go ahead, there, there you go, sirt.

We we go in and grind the high spots in the concrete and level and then level.

It so you don't have to be done. You don't do a thin set whatever that is.

Thin set is level okay, right, we use a special material that bonds with the concrete. After you grind it, you grind it and the wrong word they're using the wrong word.

You're using whatever a level or so. But first you grind to almost level.

Well, grind as much as we can, yeah, and then you put the level or we do flattener flattener okay, okay, we're not going to make the whole base get flattener.

Right.

Do you ever need a sub floor put down?

No?

Okay? What is they want to know this? Do they need a vapor barrier? Yes?

What is that? Well?

Okay, yes and no okay.

A vapor barrier is a piece of plastic, a six mili piece of plastic that you lay on the floor and then you put the LVP over it.

Okay.

I've been doing basements for ten years. Yes, I work with lots of basement companies. Okay, we never did it. We've never had an issue. But if you have an issue, you know they're going to say, oh, you should have Now. The LVP companies came out about a year year and a half ago and started requiring it.

So they didn't. No, because it traps moisture, So you don't put vapor berries. We don't. We checked the liability and you've not had any problems.

I have done six to seven basements a week for ten years and never had a problem.

Never had a problem. Oh, never happened.

Well, I had problems in the beginning because I didn't flatten the floors, okay, and then I had a problem in the beginning because I used the home depot floor level or and over time people walking on it, it turned into like gravel because it didn't chemically bond.

And the new stuff chemically bonds. Yes, that sounds like some good stuff, right.

Yeah, it's specially designed to make the floor flat and it bonds with the concrete below it.

All right, So that's simply Floors Inc. Dot Com.

I was asking us because he's got just straight information. Hey, uh, Sally, what's your question about a judgment.

Called your property manager that stole my rent and my security deposits?

Wait a minute, wait a minute, you what do you mean they stole What do you mean the property manager stole it?

Well, the tenants paid by zell I think it is.

And he's, oh, you're you are? You are the landlord.

I'm the landlord, but the property manager collects the rent and then they're supposed to disperse to me.

Oh, now did you fire this property manager?

Well, I didn't have to because I couldn't get a hold of him. I just went to the police like you told me to do. And that was a year ago.

And now I oh, wait, Sally, so you called me on this a year ago.

Yeah, it took that long. And what happened, well, actually, you know you were so firm about it. You go talk to the tennis.

This was a Darryl Darryl evangelista. Right, okay, hold on, I'll come right back. Hold on, dear, I'll come right back to you. I remember this clown three oh three seven, one, three eight, two five five more coming right up on the Troubleshooter Show.

And I want to tell you about this.

Excel Roofing is the best roofer, not just because of how they do roofs, but how they inspect the entire roof system. I'm gonna give you a personal sample. My attic was one hundred and thirty degrees and I thought I was doing everything right. That would have ruined my roof, my decking and everything if.

I didn't go to Excel.

They do more than roofs. They know the entire roof system. They know how to make roofs last forever.

I mean not forever, but you know what I mean.

Right, Excel as an excellent ex Cel Excel Roofing dot com. 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 to seven to one.

Help.

You'll think you're his only customer when you choose Frank durand the real estate Man dot com to list your home with Remax Alliance three all three nine two zero sixteen twenty two. Hi Tom Martino, you're troubleshooter. So I have a picture of Darryl Evangelista. He's still in business, still advertising big, but Sally said he took several rents and never passed him on as a property manager.

So did you get a judgment against them sally, Yes.

So I sort of like run that. But that's part of my question, like what happens now and what does it mean if he doesn't pay and I go to civil court? I don't get it.

Well, you already got a judgment, so you did go to civil.

Court, right, I went to a law court, but you know it was just in August first, so I haven't gotten any.

Did the judge, did Darryl show up?

He shut up and then he said, yeah, I did it.

I took it.

Well, let me ask you. Was this a law enforcement action or was this a civil or was this a lawsuit you brought?

It was law because I don't know anything about what civil means.

Okay, okay, So in other words, why were you there? Did the police contact you?

Well?

I contacted them and gave a report.

And then he was arrested. Did the court order restitution?

Correct?

How much restitution per month?

Well?

I don't that's part of my question. I don't know the details. And of course I can call them now, but I called you first.

Okay, here's what you need to do. You're saying, how do you know there was a rid of reimbursement or restitution?

How do you know that.

The judge said, so good.

Now you need to contact the clerk of the courts or that court case. Yep, and you need to ask them for details in the jacket on how much in the transcript, how much was ordered that he pay and when does it start?

When was the hearing August first?

And was it brought by the DA. Yes, they will have the information too.

They said state of Colorado on there, so I assume that's the same thing.

It may be the Attorney general. Do you know if there were a lot of victims.

There was.

I know there was one other victim before I came along, but that didn't come up in the discussion.

So you were at the hearing.

At the restitution hearing, is okay.

So contact that judge or the district attorney and they'll give you all the details you need. On reimbursement, it happened to me once where somebody was ordered and then they send checks and if they don't, you contact the courts and they put them in jail. So you don't really need you do not need a civil judgment unless you wanted to do go beyond the criminal institution.

I don't want to go beyond that. I just want what the judge told me I should get.

What did the judge say you should get?

Well?

I had it's nine two hundred. He got a little bit, and I got the bulk of it. But I just don't know the details. And that's why I was called who.

Got a little bit and you got the bulk of it?

Who got a lill mount?

Was ten?

Nine?

Then the judge said, okay, Darryl, you can have the half month's rent for finding the tenant and six hundred.

Oh, I get it, got it? I get it. So he he said, I'll subtract what your fees would have been.

Got it?

Did he say how much he has to pay that? And how.

No, that's actually why I'm calling you. I know, I'm always.

Okay, normally listen carefully. Normally they they set out a payment plan.

Yep.

You may want to take that judgment.

And get you may want to take that court ruling and get what's called the transcriptive judgment. Okay, And that would mean then you could go go for clothes on stuff he owns.

Does he own a home?

That's a little beyond me, I think, But Sally.

Sometimes you got to hire an attorney.

Yep.

So I suggest you start with Frank Ball B A L. L. Frank Ball.

Is a collection attorney, a really good I don't know if he can take your case or not. He has a lot of regular clients, but he might have a reference for you, or he might add fees. It depends on what this restitution order is all about.

So I really need to see that transcriptive judgment that you mentioned before.

I guah, yes, or or or the court order for restitution.

You need to get that in your hands and then ask Frank about collecting on it.

Okay, he may have some ideas on how to collect on it.

Well.

And maybe the first payment isn't due for three months.

I don't know, Maybe that's right.

That's why you need to get the details from the court and when and if you can't. If you can't, you call me back because I got a record of your call. I brought it right up and we will revisit this.

I'm astounded.

Yeah, well, I really do keep records of people who call because we want to help them. So thank you for calling back and letting a snow where you stand. Three oh three seven one three talks seven one three A 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

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Now let's talk people.

Let's go back to Okay, it's at lara'stern, Lara an issue on banking.

What's going on?

Lara?

Yes, Hi, I married my husband is a second marriage for both of us three years ago, okay. And she claims bankruptcy nine years ago okay, prior to when we were married and prior to when we coming go.

Sounds right.

We found out today, like the bank didn't even call us. It was a check he wrote for a used car to a young woman who had blown up her engine. She tried to cast the check and the and the bank said that the that the bank accounts were frozen.

Wait a minute, Wait a minute, this check that he wrote, When did he write this check?

Oh, probably two weeks ago?

And and was it a legit check? He did write this check, Yes, you did.

We bought a used vehicle from a young lady down the road. And so what I'm saying by that is that a bank didn't call us to tell us that it was frozen. We had to find out because they didn't honor a check that why was you why was your bank account frozen while they're saying that it was frozen because of a disbankruptcy nine years ago.

Why though, that doesn't make sense. Was the bankruptcy discharged?

Yes, that means by the way, for those listening, discharged means good, it was all on, all the debts went away.

Dismissed would not be good.

Okay, So the bankruptcy was discharged how long ago?

Nine years ago?

And nine wow?

And he's had accounts with the same bank, it's that credit Union, same bank since that time. And then we opened a joint EXE.

So are are you saying right now you could not get your money out of that account?

No, no, we can't.

We can't use those accounts at all, which includes my money from the sale.

Of my home.

Okay, hold on, something something is wrong. Why something obviously got screwed up. I mean, I can't even imagine why a nine year old case is coming back to haunt you.

I don't know either.

We haven't.

We're going down there. They said that they can't do anything over the phone, so we're going down there today.

But I just want to know what my like, Okay, right, I mean, here's what we're gonna do. Here's what we're going to do. We're going to get Mike Wink. Let's try to get Mike Wink on right now, Kachina if we can, Okay from the Wink Law firm. He does bankruptcy. He's our bankruptcy expert, Kaschina. Let's try to do that before the end of the show for her. Hold on, all right, Lara, We'll try to get someone on to

Hello, Mike, Hi Tom, Thank you for taking my call. I had a couple of things that I wanted to point out to your listeners. Yes, I have recently gone online and ordered two mattresses from two separate companies for delivery.

Yeah.

And when I talked to those companies, I asked them to provide proof of liability insurance so that I know they were covered when they came into my house to deliver the mattresses.

Huh, that's weird. I would have not asked for that, but go ahead.

Well, those are the manufacturers the mattresses, so I generally asked for proof of liability if somebody comes on my roof or Okay, well that's good.

No, that's a good practice. So what happened?

So both of them said, no problem. One one mattress was a different manufacturer, the other was another, And so they sent me their proof of insurance.

Now did you ask for proof of insurance specifically for deliveries or just proof of insurance.

Well, that's what I'm getting to. I said, I need liability. I told them both, and I had it in writing and emails. I said, I need your liability insurance for when you deliver the mattress into my home. Both of them said, no problem, we got it, we'll happy it. We'll be happy to send it to you. I said, I need to see or they actually said, our delivery people will have it with them. I said, no, no, I need to be able to look at it and call the insurer to make sure it is valid and

But hold on, I'm getting I'm getting tied up here. When you ask for liability for deliveries, they said, we only have liability to your driveway.

Well, so I was assuming that they took responsibility to deliver we're into my bedroom because I asked for a takeaway and delivery of the mattress into my house.

Got it.

I was told yes, that's not a problem. I said, okay, send me the proof of insurance. Okay, you're covered for that. And they did, and I said, okay, but it doesn't show. They said, here's I said, who's delivering it? They gave me the name of the delivery company, which was a subcontractor that they had asked to deliver it. I said, well, I don't see the subcontractor under your liability insurance. Oh well, we don't do that. They have to give you. I said, whoa, wha,

Yes they do, Yes they do.

Subcontractors are covered under Excel's liability insurance or those subcontractors have liability insurance insurance themselves. Okay, so that's the same situation I encountered when I asked for these online mattresses. I was shocked. Most of those manufacturers only cover liability up to the driveway.

I get it, I get it. But what liability would there be up to the driveway anyway?

Well, there's no liability driveway. The liability is what damage they do to my house when right, So.

What you're saying, I understand what you're saying.

You're saying that when a third party delivers to your home that unless they're covered under the company's own insurance, they have to have their own unless they're covered under the manufacturers. I get what you're saying. So did you call the delivery company to see if they have liability.

Yes, I did because I have a lot of artwork in my home.

No, I get it, and did did the delivery company have liability?

So if you damage something that you're covered. Both subcontractors said no, we're not, and we won't produce that. We've never had to we've done. Nobody's ever argued against that.

Okay, so what you're saying.

So I went back to the manufacturer and said, cancel the order. You told me.

Stop.

You told me what I bought was a delivery to my home that you provide I did for people to come get it and put it in. That onus is on you.

So right now they I don't what are you going to do for any delivery because I doubt you're going to find many of.

Them we do, whether it's somebody that's paying my house or a roofer. I'm going to ask to see that. I'm going to as I told them, I said, well, I'm canceling the order. They said, well. One of the mattress company said, well, we'll be happy to send you back the money for our service to take your to bring your mattress in and take it away. And I said no, no, no, you contracted to deliver the mattress to my bedroom. I said, I'm not paying for the mattress. Yes, you can take it away.

I e.

The two hundred dollars charge for the delivery into my house and the takeaway. But then you're going to charge me. I'm going to have to pay for the mats. They said, that's correct. I said, wrong answer. I'll cancel it on my credit card. That's not what you contract.

You do understand your homeowners would cover them.

Right well, I do understand that, but that's not the point.

Okay, Well, then you live with your decision.

That's when they contract to do something.

I'm not saying.

Listen, I understand what you're saying. When they contract to do something. They contracted to deliver to your bedroom. I get it if they didn't have the insurance you want. I also get your right to cancel. So everyone agrees, Right.

Well, I accept that this is what you contractually obligated yourself to. If your delivery personnel are not able to provide that, and you tell me that you have provided that, you the manufacturer are telling me that they're covered, and I see your policy that isn't This is being disingenuous.

But here's what I think. I think if you had if there ever was damages, it doesn't matter if they're insured or not, they would be liable. And if it was a lot, I think you could. I think you could go to the manufacturer.

You never signed a separate contract with the delivery company, so I think even though they don't have insurance, hold on.

Not having insurance does not take away liability.

Okay, it doesn't take away liability, just like having insurance doesn't prove liability.

We got 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, no obligation. In comparison, call Compass Insurance paying too much your coverage at dozens of insurance companies find out now three three seven to seven to one.

Help.

You'll think you're his only customer when you choose Frank durand the real estate Man dot com to list your home with Remax Alliance three oh three nine two zero sixteen twenty two. Hi Tom Martino, you're a troubleshooter. Okay, let's go right to Mike wink. Mike, Listen, why would this woman married a guy who had a bankruptcy discharged nine years ago? And just recently their joint bank account was frozen and they were told the bank told them on the phone it was due to their bankruptcy.

Now, what's that? What could possibly come up that would cause that?

Boy?

I don't know.

Nine years you said, yeah.

Nine years ago it was discharged. She wasn't even married to him. Now their joint account, their joint count is locked up.

Can can what does she do?

I'm curious. I'll definitely jump on that and see if we can.

Okay, here, here's what we're gonna do. I want to get her back on in the morning so we don't run out of time. Right now, Lara, we're gonna ask Mike to look into this and just see why this would happen. Meanwhile, Kaschina, you might want to give her Mike's number right now. I'm Tom Martina. Don't forget three zero three Martino