Skip to main content
home check map image

Search such categories as , , ,

searchPage

, ,

searchPage

, , , ,

searchPage
Featured Articles

Cracks in the sidewalk

Our home inspector said that parts of our sidewalk are a potential trip hazard.

Article Thumbnail Small

Q. Our home inspector said that parts of our sidewalk are a potential trip hazard. We think that he is being too picky and splitting hairs. What do think about cracks in sidewalks?

A. Simple cracks in a concrete sidewalk are not necessarily a problem unless they become large enough to catch the heel or toe of a shoe or the tip of a cane. Cracks normally indicate movement in the sidewalk, and are fairly normal. Most sidewalks that are more than 20 years old will have some cracks. On the other hand, upheavals in sections of the sidewalk can be a liability. Concrete sidewalks typically will have expansion joints at regular intervals. These individual sections of concrete can rise or fall as much as three inches in some extreme cases. The most common reason for upheaval is tree roots. The opposite problem is caused by subsidence where the ground beneath the slab sinks. An upheaval of more than one inch can become a dangerous trip hazard, and a liability to you as the home owner. This type of trip hazard is particularly dangerous at night. In my practice, I always explain this to the client, and encourage them to make repairs.

Home Security

Keeping your family and possessions safe.

Article Thumbnail Small

According to the FBI, burglaries occur every 15.4 seconds in the United States (Crime Doctor). Home security is important as not only is our home one of our biggest investments but having good home security provides peace of mind about protecting our family and possessions. As the popular show on the Discovery Channel, It Takes a Thief, illustrates, many of us take our security for granted. Many times the families on the show believe their current security is all they need. There is a belief that burglaries happen to "someone else." Or, if one is robbed, it is just the result of "chance" and there is little that can be done about it. This show provides an entertaining wakeup call about home security. The threat to our inner sanctum and lifetime of possessions is very real. This article will take a look at the ways you can protect your home. We should note that one of the most common answers is a security system. A standard security system comes with a control panel (with panic button), 3-4 sensor zones, a siren and 24 hour monitoring. These systems can be hardwired (usually when the home is being constructed) or wireless. Some of these systems are so advanced you can even monitor your home when on vacation through the internet! The cost and amount of "bells and whistles" you get will depend on the size of your home, neighborhood, entry points and other varying factors. For a real idea of a professional security system that is right for you, check with professionals in your area. For this article we will be concentrating on some of the common sense and easy to add options you can do to protect your home. Some professional security providers are listed in the links that follow the article but will play a relatively small role in the article itself. Before we begin to look at what measures we can take, let us look at some statistics from the FBI about home burglary:

  • Burglary is the unlawful entry of a structure to commit a felony or a theft. A person can be convicted of burglary even if nothing was actually stolen.
  • A burglary occurs approximately every 15 seconds in the United States.
  • On average, a burglary results in a dollar loss of about $1,600.
  • About 30 percent of all burglaries are classified as "unlawful entry," meaning the burglar was able to gain entry without using force — often through an unlocked door or window.
  • Nearly 66 percent of all burglaries are residential, and of those, 62 percent occur during the daytime. Most burglaries occur between 9 a.m. and 3 p.m., when no one is likely to be at home.
  • Renters are more likely to be the victims of property crime than homeowners.
  • Only 13 percent of reported burglaries are solved, or "cleared," by the police.
  • Only about 15 percent of property stolen in burglaries is recovered by the police.
  • Nearly 85 percent of all burglaries occur in large metropolitan areas.
  • Almost half of the nation's reported burglaries occur in the South: 45 percent, as opposed to the Northeast's 11, the Midwest's 20 and the West's 24.
  • The highest percentage of burglaries occur during the summer months of July and August, when many people are away from their homes on vacation, or have left windows open for ventilation.
  • Arrest records reported to the FBI indicate that approximately 70 percent of all burglary arrestees are white and 86 percent are male.
  • About 30 percent of private homes have security systems. Homes without security systems are two to three times more likely to be broken into.

Summarized by It Takes a Thief Site (more recent summary at FBI site http://www.fbi.gov/ucr/cius_04/documents/CIUS2004.pdf)

Now that we have your attention, let's look at some ways you can improve your home security; let's start by examining the exterior of the home.

Part I: The Exterior

There is a beautiful home sitting at the end of a long drive. There is only one front light on. All appears quiet and unoccupied. Large bushes cover the view of the side of the home from the road. The neighbor's house behind is equally dark and barely viewed between the fence, bushes and trees. I think you are getting the idea. This example house almost provides a written invitation to would be burglars. The exterior of your home can tell a potential thief a lot. Many times, just by observing from the outside, they can see if the home is occupied, find weak entry points and determine if they can use hidden nooks to work unnoticed. Sometimes our desire for privacy creates little pockets like this for the thief to work. There are many things you can do to the exterior of your home to make it more foreboding and hard to crack for would be burglars. Make certain the exterior of your home is well lit and consider monitoring it by video or surveillance. One of the most vulnerable homes, is the dark ones. An easy and inexpensive deterrent is to add motion sensor lights to your driveway and doors. Keep all entrances well lit, both front and back. You may want to keep the back on a sensor light, which is a fine alternative to having a light on all night. As lighting should be considered for any exit from your home, this includes the garage. Make sure your garage light switch is on the inside of the house. You never want to have to enter a dark garage to turn a light on! After you have the lighting arranged you may also want to consider extra video surveillance. This is especially the case if you have a large property, very private property or are gone often. Make sure the central recording device is locked up so thieves cannot take it with them! Many of the surveillance systems these days will let you view the outside of your home easily so you may also use them to see who is at the door when you are at home. You may also choose to have sound notification of someone approaching your home. A wireless annunciator notifies you whenever someone comes within up to 50 feet of your driveway or entranceway. This additional light and surveillance will help keep the perimeter of your home safer.

Make sure your home is not helpful to the burglar either as many times our conveniences can also be theirs. Unsecured tools such as ladders can help burglars break into your home! Your garage should be secure and tools locked. This means deadbolts on any garage doorways. The garage is a favorite entry point so you should consider keeping your car locked with the alarm on, even when in the garage. And if you park your car outside of your garage, never leave the garage door opener in the car! Again, our desire for privacy may also create hidden nooks for burglars to hide and work. Make sure to trim plants so they do not completely cover windows and doors. In fact you may even want to consider planting really thorny and prickly plants next to windows as they can act as an additional deterrent. Any signs/plaques you put on your home should also be considered. It is a great idea to have reflective numbers on your home for easy spotting during an emergency. However, do not have your name displayed as it is helpful for a burglar to look you up in the directory and call your house to see if anyone is home. Also, don't give burglars an idea of what is in your home. Whenever you make a large purchase don't advertise it to the neighborhood. For example if you buy a new computer don't leave the empty boxes on the curbside for disposal. Instead break the boxes down to keep what was inside a mystery. You should also use window treatments or keep expensive items out of view from the window. You don't want to have curtains closed all the time as this only gives the impression of the home being unoccupied (and not to mention downright dreary). But curtain sheers and strategic placement of objects in the room can minimize what people can see from the outside. Finally, never leave keys in hidden places around the house as this is just an easy invitation to burglars. Either leave a spare key with a neighbor or purchase a combination lock that holds your key safely for you. Combination keyless entry locks are also becoming more popular; if you forget your keys a lot, forget to lock the door, or have so many family members/roommates going in and out, this may be a great solution. These are just a few ways to help prevent easy access to your home.

So now Mr. Burglar has dodged your motion cameras and surveillance and brought his own nifty tools - what can you do? You should have strong doors and windows that will continue to work against the burglar. Make sure your exterior doors are solid-core. If you have glass doors they should be double paned with heavy duty laminate. If you do not have a double pane, a security grill will help. Locks are important, you should have locks on all the windows and double locks on all entry doors. Deadbolts (with removable key for fire) are a must. You can also have a chain lock added if you don't have a peep hole. However, these are not fullproof and a peephole is a much better investment. You may also use wooden dowels in glass sliding doors and windows that have broken locks. This should only be a temporary fix - replace these locks or install locks as soon as your able. Also, always keep your doors locked, even when you are home. Do not keep the back patio or balcony doors unlocked and open. This is a favorite entry point for would be thieves! Make sure your windows are secure and replace any broken windows as soon as possible. You should have security bars placed over basement windows as these are easily kicked in. Also place bars over removable air conditioning units setting outside of your windows as these can be weak points as well. Another possible cheap help for your windows is window film. It makes windows more shatter resistant and can prevent easy "window shopping" by burglars. Finally, when purchasing a new home or renting a new place replace the locks or request that the locks are replaced. It is not that the previous owners are bad people. You just can't be sure if they ever lost a key, lent it to someone and never got it back, etc. In these ways you can make all your entry points, both doors and windows, difficult to open. These are just some of the many ways you can help protect your home. Installing exterior lights and surveillance will help deter burglars from approaching. Making sure you do not leave helpful tools, hiding places, personal information, easy view of possessions or spare keys lying around will make life for the burglar more difficult. And if you make sure all your doors and window are in good repair and locked he may just give up and walk further down the street. But what happens if they do get in your home? There are many more security measures you can take for the interior of your home as well.

Part II: The Interior

Once a burglar has entered your home they usually have the privacy to search for and take what they want. They will still want to be in and out of your house as quick as possible, so the more secure your valuables are, the more likely they will leave them and move on. Remember, they have breached into the inner sanctum of your home and everything you leave out and accessible is theirs for the taking! What follows are some more ways to deter burglars and prevent them from walking off with all of your possessions. There various interior alarm systems that may still help to scare the burglar off. A wireless or hardwired alarm system can be a great way to alert a monitor if a doorway is breached or a window opened. Many systems can also detect if someone over a certain weight is moving about the home when the system is on. Turning on the alarm system is the greatest problem for most users. But once it becomes a habit the security it provides is priceless. To invest in a home alarm system in this way can be very beneficial but should not be taken lightly as these are often extended contracts. If you do decide on contracting with a security company, make sure to do your research. Some items you should know are: how long they have been around; are they licensed, bonded and insured; do they do background checks on their employees; where do they monitor the house from - is it local; is the equipment leased or purchased outright; what is the warranty and coverage; what are the monthly monitoring costs and are they at a fixed rate? Finally, dogs are a "natural alarm" whose gruff bark can scare off some would be thieves, but they are not full proof. Many dogs become nervous in the event of a break in and may not respond the way they would if you were at home. Guard dog training is usually available in your area, but these programs stress, and we must stress, that the training should be a major commitment - your dog needs to listen to you and only be aggressive on command! If they get past the security system then you want to be sure your possessions are safe. Keeping your possessions safe can be easily done with the use of secured safes and lock boxes. Homes should have a safe or you should have a safety deposit box to keep important documents safe. Any safe should be bolted down to the floor and have a fire resistant rating equivalent to the heat of a fire expected for a home your size (Examples of UL (Underwriters Laboratories) ratings are: Class C will keep paper documents safe up to 1 hour up to 1700°F, Class B will keep them safe up to 2 hours at 1850°F and Class A will keep them safe up to 4 hours at 2000°F). Do make certain your safe is bolted to the structure of your home. Otherwise burglars will just take the whole thing with them to break into later. What should the safe contain? Keep all important documents such as birth certificates, passports, marriage certificates, legal papers, receipts for large purchases, loans, investment documents, deeds and titles, to name a few. You should also keep unused credit cards locked away. This should include statement information so a thief does not try to open a new account with a stolen statement. Finally, any jewelry, watches or small expensive items should be locked away. Now that you have everything in the safe do not forget to lock it! Surprisingly many people who own safes will leave them open for easy access - this rather defeats the purpose if your home is burglarized! Finally consider a small wall safe for your car and spare house keys. If you leave your spare keys lying around the house, don't be supervised if the burglar takes your car as well! Keep anything that would be difficult or impossible to replace locked up.

Finally, give some consideration as to what to do if, after your best efforts, possessions are taken from your home. Large items such as stereos and TVs can be marked by you for identification purposes. However, never engrave you SSN in expensive items. Instead, engrave these possessions with your Driver's Licence Number or consider marking them with an invisible pen. In the event of a burglary (or fire) you should have a clear idea of what was lost. Keep a compiled list of your possessions in a lock box or fire proof safe. It will make the list even stronger if you supplement it with photos, videos and serial numbers of the possessions. Any family heirlooms should be appraised, photographed and included on this list. Make sure the insurance company is aware of everything on this list so you are covered for the full worth of your loss. The FDIC recommends updating a detailed list of possessions in each room once every 6 months. Understand that once items are stolen, it may not be possible for the police to recover them, even if the burglars are caught. So make every effort to keep these items locked up! Once a burglar is inside your home you want to make sure they do not have an easy time taking away your possessions. Having a monitored alarm system of some type will help deter the burglars from staying. Dogs might even help convince intruders to leave. Make sure your possessions are locked up. This is everything from jewelry and car keys to important documents. If items are taken make sure you have a detailed list of what you owned so insurance can cover the financial lost. Also this will give you a better chance of tracking down the stolen items. Marking large items may help with this as well. Overall, make sure you secure what you cannot replace!

Conclusion

Everyone thinks burglary will not happen to them, or it is only determined by chance or one's neighborhood. But that is not the case and taking time to review your home's security is a good investment. There are many great ways you can protect your home and property from burglars. Tactics from installing exterior lights and surveillance to making sure you do not leave helpful tools, hiding places, etc. will make life for the burglar more difficult. Keep your doors and windows locked and alarm system armed. If they do get in your home make sure you have your valuables locked in a safe or lock box. Keep a list of your valuables and mark them if you can so you may have a better chance of getting items returned. Below are additional links for information on the web about home security and general home safety.

Do not wait for it to happen, take some time today to take a few small steps to better home security. Quick checklist of items to check around the home.

Emergency Preparedness:

Update your emergency contact lists. Numbers change! Make sure to have an out of state contact set up in case of natural disasters such as earthquakes and hurricanes. - Review emergency plans with everyone in your home. Make sure everyone knows what to do if there is a fire, break in, earthquake, major storm or other emergency. If you do not have emergency plans make it your New Year's resolution to make them! - Examine your emergency kits. Make sure first aid products are still good and stocked. Check extra stores of food and water for replacement. If you do not have emergency kits, make a point to create or buy them.

Household Papers/Records: 
Update your protected files. You'll be doing taxes anyway, so it is a good time to review which documents you are keeping and which need to be shredded. Here are some suggested documents to keep and how long to keept them: 
- Keep in Safe Deposit Box/Fireproof Safe: Birth certificates, marriage certificates, divorce legal papers, adoption papers, citizenship records, and other documents that are government or court related. A copy of a will, although your attorney will keep the original. Investment and business papers, government bonds, deeds, titles and copyrights to name a few more. General rule is, "Put it in if you can't replace it or if it would be costly or troublesome to replace." 
- Taxes: IRS can audit up to 6 years back. However, you can get rid of pay stubs if you have your W2. Cancelled checks you will want to keep if they are related to anything you claimed on your tax return. - Medical Bills: Keep at least 3 years. - Household Inventory: You should have a comprehensive list for each room and what of importance is in there. This will help you claim losses in event of burglary or fire. The details of this list should be shared with your insurance carrier to make sure of coverage. It is recommended that you review this list once every 6 months. - Deposit, ATM, Credit Card and Debit Card Receipts: Save them until the transaction appears on your statement and you've verified that the information is accurate. Then they may be shredded. - Credit Card Statements: If there are not purchases related to taxes you may shred them once every year. However, if you have larger purchases on the card you may want to keep hold of these older statements. Special Note: Credit Card Agreements should be kept as long as the card is active! - Loan Agreements: Keep as long as the loan is active. - Documentation of Stocks, Bonds nd Other Investments: Keep while you own the investment and then 7 years after that. Household Health & Safety: - Determine if homes built at the same time or are in the same condition as yours are susceptible to lead, radon, asbestos, mold or carbon monoxide problems. If so consider it a New Year's resolution to get your home tested. - Review your medications and vitamins/supplements. Properly dispose of any expired items. Many of these items have such a long shelf life that we often forget to throw them away when we should! Also, make sure they are properly stored and out of reach of children. House Maintenance: - Change the batteries in your fire alarm and CO alarms. Test both. (In reality they should be tested once a month!) If you don't have a CO alarm, now is the time to get one; there should be one in a central location outside each sleeping area. - Check all outdoor lighting. Get bulbs replaced - we all can forget about the garage sidelight. - If you are in a snow area you should be checking your dryer, furnace, stove and fireplaces to make sure any vents are clear of snow. - Check inspection dates. Do you know the last time your furnace, water heater, fireplace or other major appliance was inspected? - Take inventory of any major appliances that are not working properly or at all. It is time to look ahead at the year and budget for their repair or take them to the dump. For example, that extra freezer that doesn't work - it's a safety hazard! Get it fixed or look at paying for it to be properly disposed. - Review your garage for hazardous materials such as paints, oils and gasoline. Make sure these items are properly stored. If they are old or the cans are damaged look into getting them disposed of properly. A lot of times items we used for spring, summer and fall projects get forgotten in the winter months. If they weren't put away properly they can become potential hazards. - Check for leaky faucets and get them fixed if needed. You don't want a small leak to become a BIG problem. Once the spring thaw begins make sure to check outside faucets for leaks as well. - Unclog gutters - if the weather permits. Otherwise add this to a list of spring cleaning to be done as soon as possible. - Clean off the roof (or get someone to do it) if weather permits. Another item to add to spring cleaning if it cannot be done.

Customer Deposits

Illegitimate Revenue Stream for Banks?

Article Thumbnail Small

This month, for a change of pace, we are bringing you a LAWCHEK™ ALERT! from our partner and legal site Lawchek.com. This article reviews the questionable changes that have occurred relative to bank "holds" on customer deposits. These changes can effect everyone from the individual customer to the small business owner.

CUSTOMER DEPOSITS: ILLEGITIMATE REVENUE STREAM FOR BANKS?
Richard A. Pundt, Attorney at Law

For quite some time now, certain banks and other financial institutions may have been profiting from what some members of Congress are calling an illegitimate revenue stream, namely, the deposits of its' customers. Today, many banks will place “holds” on customer deposits. Such customer deposit “holds” are for ten business days and usually translate into a ½ month use of the funds deposited; In this way, banks are able to benefit from the interest on customer funds. This questionable practice has caused outrage by depositors and has ignited the concern of key members of Congress.

Congressman Michael Oxley (R-Ohio) has stated: “Holding a deposit to ensure its safety and soundness is reasonable. But holding a deposit in order to profit from the interest is completely unacceptable. The latter practice prevents consumers from realizing the benefits of their own assets, while creating an illegitimate revenue stream for financial institutions. It unfairly penalizes consumers and should be eliminated from the U.S. payment system.” 1

From an analysis in a report by Ms. Laura Bruce of www.Bankrate.com, it is revealed that there are many concerns relative to the new federal enactment of the Check 21 Act. "Check 21" allows the checks that individuals write to clear within one to two days while the deposit may be held by a bank for up to ½ month when weekends are added to the allowable ten day hold under “exceptional” circumstances of the FED Regulations. As a result, the consumer may get “nailed” for overdraft charges if the consumer was counting on the deposit and, in addition, the banks have been keeping the interest on the funds “held” through the deposit delay. Ms. Bruce also notes in her article 2 that Congresswoman Carolyn Maloney (D-New York) has introduced HR 5410 that would “…redress imbalances between the faster withdrawals permitted under the Check 21 Act and the slower rates for crediting deposits.”

Examples of bank customers delays due to the banks “hold” practices is very wide-spread and, undoubtedly, has accounted for hundreds of millions of dollars worth of profits for banks. Consumers, realtors, businessmen, and attorneys are becoming increasingly aware of these practices by the banks. This author has encountered quite a number of reported instances where consumers experienced an improper deposit delay or hold for an unreasonable period of time.

Of the many instances reported to this author, there are three that merit review in regard to the issue of deposit “holds.” The first instance involved a very well-respected attorney who deposited over $200,000 into his attorney trust account at a well-known bank and was verbally informed, after the deposit had been made, that there would be a ten business day “hold” on the deposit. He did not receive any written notice as prescribed by Federal Reserve Regulation CC (Availability of Funds and Collection of Checks, 12 CFR 229). This particular attorney had never over-drafted his account and has always maintained a sterling reputation with the Bar, as well as other attorneys. Moreover, the deposit consisted of checks from State Farm Mutual Ins. and John Deere Inc. The attorney directed a hand delivered correspondence to this well-known bank, wherein he requested an immediate removal of the “hold” or, in the alternative, an explanation as to whether the bank in question believed that checks from either State Farm Mutual Ins. or John Deere Inc. would not clear or if there was any improper activity by State Farm Mutual Ins. or John Deere Inc. in regard to: (a) any suspected criminal activity, (b) any suspected money laundering, (c) any suspected terrorist activity, or (d) any other improper activity that would mandate the holding of either check. Needless to say, the bank could not accuse either State Farm Mutual Ins. or John Deere Inc. of any such activity, yet the bank continued its “hold” on the deposit to the trust account from December 7, 2005 until December 20, 2005. The attorney has never received a written or an oral explanation, as he requested in writing, for the hold as prescribed by Federal Reserve Regulation CC (12 CFR 229).

The second instance involved a well-respected realtor who deposited between $200,000-$300,000, as a result of a closing, into his account at the aforementioned bank. He was unaware of any “hold” on the deposit. The realtor issued various checks, as customary, to: other financial institutions, the seller, realtors, an insurance company, taxing authorities, and others. When the bank in question refused to release its “hold,” the realtor’s checks bounced and a significant amount of distress and embarrassment was the result for all parties concerned, except, of course, the bank that profited in two ways: from the interest on the deposit and from the overdraft charges.

The third, but surely not final, instance involved a party who received a Cashier’s Check from a centrally located and well-known bank and, on the same day, deposited the Cashier’s Check into an account at a branch of the same bank. The branch placed a “hold” on its' own main bank’s Cashier’s Check. What is especially interesting about this case, other than the fact that it was the bank’s own Cashier’s Check, is the fact that under Federal Reserve Regulation CC (12 CFR 229), a Cashier’s Check, as well as a check drawn on an account held by the same institution, must be made available on the first business day following the day of deposit.

It would seem that compliance with Federal Reserve Regulation CC (12 CFR 229) is being ignored by several of the largest banks. According to the article by Ms. Bruce, as noted above, proposed legislation HR 5410 has been presented in Congress to benefit the consumer. The legislation is being introduced in order to counter the Check 21 Act that allows the checks written by consumers to clear faster than the actual deposits made at the banks. It is noted in the article that Representatives from Wells Fargo Bank and Wachovia Bank have stated that their banks place holds on less than one percent of all deposits. If one were to consider the dollar magnitude of that one percent, especially if such deposits are for more than $5,000, a substantial windfall of interest profits are the likely result for the banks placing the “hold.” Perhaps the one percent accounts for hundreds of thousands of deposits each day and, if the average dollar amount of such deposit is $10,000 (most likely it is much more), the money on hold by the large banks at any one time would be in the hundreds of millions of dollars for which the banks gain interest on consumers assets, as noted by Congressman Oxley.

Under the Federal Reserve Regulation CC (12 CFR 229), it is mandated that interest should be paid to the consumer (See Regulation CC (12 CFR 229.14)). It is, therefore, understandable why Congressman Oxley has stated that such practice by the banks “…prevents consumers from realizing the benefits of their own assets, while creating an illegitimate revenue stream for financial institutions."

Under Federal Reserve Regulation CC (12 CFR 229), the following deposits must be made available on the first business day following the banking day of deposit: (1) Cash, (2) Electronic Payments, (3) U.S. Treasury Checks, (4) U. S. Postal Service Money Orders, (5) Federal Reserve Bank and Federal Home Loan Bank Checks, (6) State or Local Government Checks, (7) Cashier’s, Certified or Teller’s Checks, (8) Checks drawn on an account held by the same institution upon which the check is drawn, and (9) the first $100, or if less than $100 the entire amount, of all other checks. In the case of the individual who had deposited a Cashier’s Check into an account that was held by the same bank upon which it was drawn, both subsection 7 and subsection 8, as noted above, were ignored.

On other deposits that are not listed above, including the proceeds of local and non-local checks, the checks must generally be made available for withdrawal by the second and fifth business day respectfully following the deposit (See Regulation CC (12 CFR 229.12)). In the case of the attorney, and in the case of the realtor, as noted above, if the deposited checks were local, the deposit should have been credited within two days, and if the checks were non-local, the checks should have been credited within five days. There should not have been an arbitrary hold for ten business days or a ½ month total hold on the deposits.

However, there are exceptions set forth under Regulation CC (12 CFR 229.13), and those exceptions involve: new accounts,3 large deposits, repeatedly overdrawn accounts, or emergency conditions. The only exception of the above examples involving the attorney or the realtor, as given, would be the exception of a large deposit since our investigation ruled out any other scenario. In the case of large deposits, the bank must provide a notice to the consumer (See Regulation CC (12 CFR 229.13)), and that notice must be in writing (See Regulation CC (12 CFR 229.15), (12 CFR 229.16), (12 CFR 229.17) and (12 CFR 229.18)). Additionally, and under Regulation CC (12 CFR 229.14), interest must be paid on interest bearing accounts no later than the day the bank receives credit for the funds deposited.

It would appear that certain banks may be circumventing the requirements of Federal Reserve Regulation CC (12 CFR 229), and that is undoubtedly one of the reasons that Congressman Oxley has expressed concern, and why Congresswoman Maloney is reintroducing HR 5410. As a practical matter, most customers drop the issue once they actually receive their funds, which have been held by the bank, because they wish to maintain a good standing relationship with the bank. So does that mean that nothing can be done? The answer is no. Something can be done, but it requires positive action by the customer.

First, the customer may file a complaint with the Federal Reserve at: The Board of Governors of the Federal Reserve System, Division of Consumer and Community Affairs at 20th and C Streets, N.W., Stop 801, Washington, DC 20551. Additionally, the consumer may file a complaint with the respective State Banking Commissioner in the state where the violation occurs. Also, contacting the proper parties within Congress, such as Congressman Michael Oxley (R-Ohio) or Congresswoman Carolyn Maloney (D-New York).

Finally, there is a civil remedy expressly set forth under Federal Reserve Regulation CC (12 CFR 229.21). The civil remedy allows for both individual and class actions. See Regulation 12 CFR 229.21 (a) (2) (i) and (ii). The statute provides a limitation on class actions that includes actual damages up to $500,000 or 1% of the net worth of the bank involved (the lesser of the two) plus costs and attorney fees.

Preventive Maintenance Tips for your Home-Part 5

This month we will discus helpful tips for maintenance every 2 years.

Article Thumbnail Small

Welcome back to Rocky’s Corner!

Last month we started Part 4 of an 8 part series of Preventive Maintenance Tips for your Home. This month we will discus helpful tips for maintenance every 2 years. Every 2 Years

AIR DUCTS:
Consider having the air ducts in your home cleaned if family members suffer excessively from respiratory infections, asthma or allergies; if there is visible mold growth inside ducts or on other components of your heating and cooling system, the ducts are infested with insects or rodents. Excessive amounts of dust and debris and/or particles are actually released into the home from your supply registers.

CARBON MONOXIDE DETECTOR:
Change sensor element.

DECKS AND PORCHES:
If they are professionally cleaned, sealed and maintained, it should only be necessary to refinish and/or stain your wooden decks every two or three years. It is necessary that surfaces be thoroughly cleaned and dried before adding another coat of stain or protective finish. Remove mold and mildew, fungus, tree sap, grease and bird droppings from exterior wood with the appropriate commercial deck cleaner (or homemade mixture) and a stiff brushed broom. Clean mildew and fungus by mixing one cup of chlorine bleach per gallon of water; scrub and rinse well. Sodium bicarbonate works well to remove dirt, mildew and the weathered gray residue from sunlight degradation. Oxalic acid will remove metal stains around nails and dark tannin stains often found on redwood, cedar and oak. Use care and follow manufacturers’ directions when using these products, wear eye protection, long pants, long sleeves and gloves; cover surrounding vegetation with plastic and rinse well.

TILE, NATURAL STONE AND GROUT:
Have your grout, professionally sealed every one to three years in medium to heavy-used areas and every three to five years in lightly used areas.

SEPTIC TANK:
Have the septic tank cleaned and pumped. Join me next month for Part 6 of our series on Preventive Maintenance Tips for your Home. We will be starting with tips for each season st Spring Visit us at www.freminshomeimprovement.com

Charity 101

How to choose the best & avoid scams.

Article Thumbnail Small

Giving to others in need seems to be a natural impulse the world over. Many of us enjoy giving to causes, programs or research that we agree with and believe in; however, sometimes we are caught unaware and are asked to give by volunteers. We may love the idea of the cause but know little about the organization. Or we may like the idea, but prefer it were handled differently. So where do you go to find the best fitting charity and how do you determine if they are legitimate? Below we have compiled some things to consider when choosing a charity, such as when to give, how to avoid scams, and other ways to give to the community rather than a cash donation.

Before you Give

What Touches You? - It may sound simple (and it is) but one of the best gauges for which charity to choose should be what you are passionate about. What causes mean the most to you? What charities benefit research, education or programs you believe in? This should be your first consideration when choosing a charity. It will help narrow your choices and there is nothing better than having pride about the organization you choose. Who knows, that initial donation could lead to volunteering and becoming actively involved in something you really care about.

Take Control - Be proactive about the charities you choose to support. Don't wait for someone to come knocking at your door or spend money on reminders in the mail. Instead, take the first step by actively searching for charities that give to the causes you believe in. To begin your search, check out some of these sites: Charity Navigator | Guide Star | IRS Search

Money 101 - Find out where your donation goes and how it is spent. Most organizations offer easy charts and/or percentages detailing how much money goes to the cause, administration, events, publications, etc. Although you may like the ideas behind an organization, you may not agree with how they choose to spend the money. The only way to know is to check them out and if you can't find the information, practice our next point and ask questions!

Ask Questions - Don't be afraid to ask questions! Perhaps how they spend money on fundraising events is worded ambiguously to you. Or you are not certain if the funds will stay local or move nationally. Any questions you have are okay to ask. Sometimes people don't want to ask as they think they are pestering the volunteers and wasting their time - that is not the case! By thoroughly answering your questions, volunteers know they are ensuring your continued loyalty, confidence and support for their organization. If they don't want to answer, then consider someone else - there are plenty of charities to choose from.

Reputation - Find out about the charity's reputation. Have there been complaints about your charity? Are there accolades for your charity? Take some time to see what others are saying about the charity of your choice. Better Business Bureau | Charity Navigator

The Quick List - If you don't want to spend the time researching the charities out there, take a look at some of these lists to see how they are already ranked by organizations. American Institute of Philanthropy | Charity Navigator

When You Give

Dust Off the Checkbook - It is best to donate by check rather than cash or credit card. This way you can specify the money only goes to the organization. Always write the check - don't give any information directly to your bank account. Credit card is okay online if you really know the source is reliable. But be very cautious!

Guard Your Information - As with your bank account information, keep most of your information private. As you will read in the 'Signs of a Scam' section below, caution is unfortunately the best practice when donating money.

Ask if Your Gift is Tax Deductable - Not all charities actually count as a tax deductable donation. Although we realize this is not usually the impetuous behind giving to a charity, it is something to keep in mind if you do plan to claim it on your taxes - especially if it is a sizable donation. The charities won't be offended, just ask.

Get a Receipt - Even if your donation is not tax deductable, get a receipt. This will help you track your records and if you are ever unfortunately caught in a scam, it might help in developing a case against the criminal.

Think Ahead - Consider giving to the charities of your choice once a year or up to a certain amount every year. This will make it easier to choose a charity that you know rather than off the cuff impulse. Also, it will make it that much easier to say no to those who solicit your donations if you know you have already given as much as you want/can for the year.

Signs of a Scam

Appearance is Not Enough - Charity scams can be everything from a person with a jar asking for a particular cause to elaborate schemes that include personnel, office space, logos and image branding - all the signals of a legitimate operation. Thus, we say it again, it is important to do your homework before you give.

Know the Name - Many charity scams are set up using names very similar to bigger and better moderated charities. Be careful and take the time to double check that the organization you are donating to is the one you are really thinking of.

The Copycat - Unfortunately, even knowing the correct name of the charity may not be enough. Some scammers (especially in person) will claim to be from an organization they are not. The best option is to check with the charity to see if they are running a drive in your area before you donate.

Opportunity Knocks - The primary means for charity scams to get your money is by approaching you in person (i.e. at the grocery stores or going door to door), spam emails, and even telemarketing. To be safe, take the information about the charity down but wait to give until you have had a chance to check them out. If they turn on the high pressure "sale" when you mention researching them more, simply walk away. Instead, a legitimate charity will be happy to give you the information about their organization and where to find out more. As for emails, donating to unsolicited emails is never a good idea. Email is only a good option if it is from an organization with which you already have a relationship (usually a reminder to come donate again) or someone you personally know (i.e. participant fundraising for a benefit walk/run/etc.).

Too Much Pressure - Yes we just wrote it above, but it is worth mentioning again - high pressure "sales" from charities is a huge no-no. If they turn up the sob story, guilt trip, or state the need is now or never - be wary and just walk away. Most legitimate charities avoid high pressure tactics and have guidelines for volunteers against such tactics as they are just as glad to have raised the awareness if not always the cash.

Registration Please - It is good practice to ask a charity if it is registered and has a registration number. You can then use this number to look it up with the Better Business Bureau.

Misery Loves Company - Be very careful when giving after a large natural disaster or another event which rocks the community. At these times it is usually best to give through charities that have a standing reputation for helping. But again, make sure to check the name is not a quasi copycat. Be careful how you give the money - even when memorial charities are set up for a local family, you can donate through a bank with an established trust. Try not to let the headlines in the news sway you to give to the wrong person!

Allocation of Funds - Although this is not necessarily a scam item, some donators feel scammed when they find out so little of their money actually goes to the cause of their choice. To avoid this, research the charity to see how they allocate their funds. As we stated above, every charity is different in how it will choose allocate the funds raised. Some charities have high administrative costs and use fundraising to pay staff salaries. Others spend a great deal on advertising campaigns. Although neither is illegal, you may want to see if you agree with the amounts spent. You can find details on the individual charity websites or directories, such as Charity Navigator and Guide Star.

And the Winner Is - Another scam to look out for is the offer of a entry for a prize with your donation. This can usually be related to a scam, but also some legitimate organizations use this tactic. In this instance you may want to consider how much of your donation is going to fundraising gimmicks rather than to the cause at hand.

Other Ways to Give

Your Time is Worth Money - Don't have a lot of cash to give? A little of your time can help just as much or even more for some charities. Many organizations need voluntary workers to make their goals a reality. Most Americans consider donating around November and December when the image of helping out the local soup kitchen is etched in our minds. However, many organizations need help the rest of the year. Contact the charity you are passionate about and ask when you can be the most helpful. Have time but don't know where to participate? Try some sites like these to find volunteer opportunities in your area. Many of these sites let you search by interest - if volunteers get to share the love of one of their hobbies they are more likely to enjoy the experience and spend more time helping. www.idealist.org | www.volunteermatch.org | www.1-800-volunteer.org | www.getinvolved.gov

Take a Volunteer Vacation - Some college students have made headlines by taking volunteer vacations during spring break instead of heading to a party hot spot. But these vacations are not just for college students! Many seasoned travelers find these vacations a great way to learn more intimately about other cultures and give a little back in the process. Whether your passion is people, the environment, culture, language, or all the above, this might be the next vacation for you. www.globalvolunteers.org | www.volunteerabroad.com | www.globeaware.org | www.earthwatch.org

Play on the Web - Some online stores and searches will donate to charities if you use their interface. So why not take them up on the free offer? Do Great Good | The Hunger, Breast Cancer, Child Health, Literacy, Rainforest & Animal Rescue Sites | www.searchkindly.org

Consider Giving a Loan - A different way of 'giving' may be to actually lend capitol to the working poor. A new idea in micro financing gives funds to poor families who need a small loan to make their business ideas work. Loans can be as low as $25 and are actually paid back (unlike email schemes). The forerunner in this area is Kiva.org who started in 2005 primarily connecting lenders with 3rd world entrepreneurs. To find out more, visit their website www.kiva.org. This year, Kiva partnered with ACCION USA and the Opportunity Fund to offer micro loans here in the United States as well. For more on this option, please visit www.accionusa.org or www.opportunityfund.org.

Holiday Food Safety

Here is a short list of food safety precautions to take during this holiday season.

Article Thumbnail Small

With the various fall and winter holidays upon us, we know everyone is busy. Here is a short list of food safety precautions to take during this holiday season. As always, enjoy the fun and have safe holidays this year.

Food Preparation:

  • Before cooking or preparing anything - wash your hands! In between working with different dishes - wash your hands!
  • Wash all fruits and vegetables. Even those with tough outer skins that you do not eat. When slicing these, the knife may pick up bacteria from the outer skin.
  • Thaw meats in the refrigerator overnight. Never leave them on the counter to defrost. If defrosting in the microwave, make sure the meat is cooked soon after.
  • If preparing a turkey, make sure it is completely thawed before cooking. Cooking a frozen turkey can lead to uneven cooking with the inside not being up to temperature. According to the FDA, a "20-pound turkey needs two to three days to thaw completely when thawed in the refrigerator at a temperature of no more than 40 degrees F. A stuffed turkey needs 4 ¼ to 5 ¾ hours to cook completely."
  • If marinating food then do so in the refrigerator - not on the counter! If you want to have extra marinade to use as a sauce later, make sure to separate a portion ahead of time. Never reuse marinating sauces!
  • Do not reuse any batter or breading that has touched raw meat.
  • Use one plate for raw meats and another clean plate to take cooked items to the serving area. Never use the same plate. The raw juices can contaminate your cooked meats and side dishes.
  • Unattended cooking is the leading cause of home fires in the U.S. When cooking for holiday visitors, remember to keep an eye on kitchen projects. If you are faced with a grease fire, remember, put a lid on it, and turn the heat source off!
  • That evil mayo - did you know according to the Department of Health, it is not really the mayo that is making those deviled eggs a dangerous game of chance. Instead, it is the fact that when making cold salads usually the ingredients are mixed together when still warm creating a breeding ground for bacteria. Instead, chill all your ingredients separately before mixing them together.
  • Use ciders labeled as pasteurized, or bring unpasteurized cider to a boil before serving. This is especially important when serving cider to people with weakened immune systems.

At the Table:

  • So you have guests over and have set out a brunch style breakfast. If you have late risers, consider these times when leaving items such as milk or cooked meat on the table:
    - These foods are safe to leave out: Dry foods such as nuts, crackers, baked goods, breads, hard cheeses and candy don't support bacterial growth. Fruits, pickles, jams and jellies are too acidic for most bacteria.
    - Anything else should be discarded after sitting out for 2 hours.
    - To save milk or soy, make certain they are kept in the refrigerator instead of on the table.
    - An alternative is to keep cold items on ice. However, the ice will still need replacing every two hours or so.
  • Supply plenty of clean plates and utensils. Encourage guests to get a new plate if theirs has been sitting out as they waited between helpings.
  • Do not add new food to a serving dish that has been sitting at room temperature for more than two hours.

The Cleanup:

  • Refrigerate any left over food within 2 hours of its initial serving. If the temperatures are higher, then 1 hour or earlier. Meat should be be kept hot for serving (140°F) and unused meat should be refrigerated immediately as it cools. If you have too much left over meat, make sure to freeze whatever you won't eat within the next 2 days.
  • Use leftover turkey meat, bones, stuffing, gravy and other cooked dishes within two to three days.
  • Cut up any leftovers before refrigerating so they may be spread out in a tray. For meats like roast beef, this helps to make sure the meat cools at the same rate.
  • Date leftovers - you'll appreciate it a week later when you've forgotten what food is from which feast.

Holiday Specific:

Turkey Fryers:

- Always use outdoors away from anything flammable. 
- Use on cement or stone surfaces - not on a wooden deck!
- Do not leave unattended. It is a very good idea to not have children and pets in the vicinity, better if they are inside. If they must be outside, make certain they are watched very carefully! Do not allow children and pets near the fryer as it cools after use either.
- Make certain the turkey is thawed before cooking - water and oil don't mix!
- Check the oil temperature frequently and immediately shut off if the oil begins to smoke. 

Mail Ordered Food:
- If sending mail ordered food as a gift, let the recipient know so they may know to look for the package.
- If you receive any mail ordered food, make certain to check that items that should have been kept cool were packaged properly.

Candle Decorations:
- Do not use candles on evergreen or natural trimmings.
- Use nonflammable holders and make sure they are placed where they cannot be knocked over easily.
- Do not keep candles lit in rooms that is not occupied/supervised.
- Check your candles as they burn. Some will burn unevenly and may finish sooner than you expected.
- Do not leave children unattended around candles and matches/lighters.

More

USDA Food Safety - Cooking a Turkey 
ttp://www.fsis.usda.gov/fact_sheets/Countdown_to_the_Holiday/index.asp

USDA Food Safety Ask Karen
http://www.fsis.usda.gov/food_safety_education/ask_karen/index.asp#Question

USDA Cooking for Groups
http://www.fsis.usda.gov/PDF/Cooking_for_Groups.pdf

RI Food Safety Education - Kitchen Thermometers
http://www.uri.edu/ce/ceec/food/factsheets/therm.html