Skip to main content
home check map image

Search such categories as , , ,

searchPage

, ,

searchPage

, , , ,

searchPage
Featured Articles

Clean to Green

Spring clean your way to the ultimate garage sale!

Article Thumbnail Small

The days are longer, the temperatures are becoming pleasant and our energy levels are up as we begin to stretch out of our winter hibernation - spring is here! Time to harness some of the new energy and get the spring cleaning out of the way. Although some demigods may have immaculate households and not heed this tradition, most of us do have a bit (or more) of collected clutter and dust around the home. Spring cleaning is a great opportunity to remove dust, mold, toxins and clutter from our households. And as we clean, we notice a pile emerge of unused and unwanted "stuff." This gathered hoard of old décor, books, electronics and exercise gadgets should not be squirreled away for another year! Instead, incorporate into your spring cleaning the determination to get this "stuff" out the door through a garage sale (real or virtual) or off to charity.

Spring Cleaning

Spring cleaning for most households is a family tradition. According to the contributors to Wikipedia, evidence of spring cleaning can be seen in ancient civilizations - from the Jewish tradition of cleaning the house before Passover to the Iranian "khooneh tekouni" or "shaking the house." Many Americans grew up in households where there was a yearly purge of dust and "bad air" from the winter months. This too comes from earlier times when fires of coal and wood were the primary source of heat and rural households sometimes bundled down with the livestock indoors. For this reason, some argue that spring cleaning is not a necessity with our modern furnaces, solid windows and cleaner spaces. Consider this a time then to do the very best cleaning of all your living spaces, appliances and work areas. We all skimp on cleaning out the fridge or stove, now is the time to hit these areas thoroughly. Below we have listed some common items to clean during this sweep. For a more detailed list to help on your cleaning, we have also provided a "Spring Cleaning Checklist."

Common Spring Cleaning Tasks:

Dust ceilings, walls, corners, light fixtures, base boards, vents, and furniture

Wipe down walls, light-switches, outlets, doorknobs and handles

Clean blinds, curtains, drapes, window sills and windows

Clean doormats, bathmats, and area rugs

Shampoo the carpets

Clean the hardwoods and vinyl

Dust and wipe down furniture, cabinets, shelves and countertops

Clear the clutter and get items back where they belong

Consider items for a garage sale, charity run, or dare to think it - re-gift it!

Remember to click here for a detailed Spring Cleaning Checklist! WORD | PDF

Other important items (while your at it):

  • Update important documents in safe or safety deposit box
  • Update emergency plans and phone trees
  • Review emergency plans with family members
  • Review all medications in your household for expirations
  • Review first aid kits - these don't last forever and you may need to replace some items or the whole kit Also review any other emergency kits
  • Test and change batteries in smoke and carbon monoxide detectors

Garage Sale

Now that you have cleaned your house, you have gathered "stuff" that you no longer use, need or want. Your gathered hoard of goodies will probably include:

  • Unwanted décor
  • CDs / DVDs / Games
  • Books
  • Dishes / Glasses / Cups
  • Kitchen Gadgets/Small Appliances
  • Exercise Gadgets
  • Craft Goods
  • Small Electronic Devices

Now what?

Getting ready for a garage sale can be a daunting task and should be handled with the same planning and care you would give to a major event - just try to keep it fun - you're planning for a big block party where you get to meet your neighbors and make some money! Here are some basic guidelines:

  1. Take inventory of your gathered hoard: :Literally list the items as you place them in boxes/bags until the weather is nice for the sale. This will help you organize items. It is very helpful if you begin this process during your spring cleaning.
  2. Consider items for charity: If you have some highly valued items, such as gently warn winter coats or clothing, consider giving some of these items to charity. You may try to sell most items and then give the leftovers to charity. However, don't use your local charity as a dump - be realistic and keep only usable items for these organizations.
  3. Set a date: Choose a day where you can rest well the night before and commit your full energy the day of the event. Keep the big day reasonable - if you are not a morning person - don't open a garage sale at 8am. With the right advertising you should be able to set your hours and stick to them.
  4. Be firm on your choices: If you haven't used an item in a year, then it is a very good chance you won't use it again. Let go of any emotional attachments to items - even if you mother gave you that clock you never use you can let it go. Instead, keep the more personalized items like photos or something handmade. Every gift is not a treasure! Remember - it was the thought that counted - not the unworn tie!
  5. Know the going rate: Review other garage sales in your area to see how similar items are being priced. Check online for prices on trade sites such as eBay.
  6. Showcase your items: Hang clothes, put small items in baggies, etc. Keeping your selection clean and neat will help buyers decide quickly. Also, label all of your prices. One box of "10 cents each" may be okay, but try to keep most items clearly priced and labeled.
  7. Advertise and make signs: These days advertising a garage sale is not only done in the paper. You can post announcements to online localized sites such as Craigslist and even most Penny Savers have an online option as well. When you make your signs keep them clear, big and simple. Make certain to take them down as soon as your sale is over.
  8. Change from the bank: Before the big day make sure to get some change for the cashbox. Decide beforehand if you will accept a checks and under what conditions or for which particular items.
  9. Prep your sale table: Besides your cashbox, prep your sale table with bags, newspaper to wrap fragile items, paper and pens, maybe a few good munchies and some items for you to do during any slow lulls.

Online Garage Sale

Now perhaps you have items left over from your garage sale or prefer to sell from the comfort at your computer desk at your own pace. Just keep in mind that selling items online will require more time as you write descriptions, place photos and run to the post office. If you have the patience or enjoy the idea of a virtual garage sale, these sites will help you get your unwanted items moving out the door! Amazon Marketplace: If you are a bit of a bibliophile and need to thin your collection, the

Amazon Marketplace can be a great option to sell used books, CDs, DVDs and more. Keep in mind that to list is free, but there are fees when an item sells. Considered more user-friendly than similar sites, it is worthwhile to check it out. http://www.amazon.com/gp/help/customer/display.html?nodeId=1161232

BarterBee.com: A site specifically geared towards recycling CDs, DVDs and computer or consol games between households. Once you sign up for a membership, you list your used items for sale. Sell items to get points. You can then use those points to buy other CDs, DVDs or games that you want to try out. Of course you wouldn't use this site to make cash - points are used for like items. http://www.barterbee.com/

Craigslist: An online mismatch of services, used goods and announcements by city location. Here you may be able to find used items cheap. It can be the ordinary like used furniture to the not so common. For example, I once found someone who had new pavers left over from a patio project that they were willing to sell at a discount just to get them off their lawn. You may also be able to find cheap services such as yard work. However, users beware, there are no regulations on this site and you should take precautions when working with anyone on this list. This site definitely has a mixed history of great successes and terrible wrongs. Be careful. http://www.craigslist.org/about/sites

eBAY: One of the most popular and well known online auction stops, eBay has been around since 1995. Users have the ability to rank other users for the ease of trade transactions. Probably the biggest garage sale on the internet. http://www.ebay.com/

Etsy: Buy and sell handmade items - a great source for crafters and home artisans of all medias. This site allows you to sell your talented pieces or purchase others for less than gallery prices. http://www.etsy.com/

JunkDepot: An online clearing house where you can list your items for sale. To list is $.99 per item and there is a 6 month limit to your posting. http://www.junkdepot.com/

Oodle Classifieds: An online classified search machine that searches 80,000 sources. You can also post your classified adds as well. http://www.oodle.com/

Sell.com: Another online classified site that allows you to list items for sale - a basic add is free and there are no transaction fees once an item sells. You can get a few more bells and whistles for a cost. http://www.sell.com/

Silkfair: Another online trade site that strives to make your life easier with fewer fees and an easy to use interface. A good alternative to check out if interested in selling or buying items online. http://www.silkfair.com/

SwapThing: This site allows for consumers to trade and barter items or services. There is also the option to do flat out sales. Unlike an auction site, you can barter privately and do not have to list items for auction. You enter what you want and it will match you with others who have it available. http://www.swapthing.com/home/index.jsp

Feng Shui

Another Look at Interior Design

Article Thumbnail Small

Feng Shui (pronounced Fung Shway) has been used in China for centuries and has made a strong entrance into western culture. Best described as "the art of placement" Feng Shui was originally used to determine the placement of temples, official buildings, graveyards and homes in their natural environment. In China, there became many different schools of Feng Shui such as the Land Form School in the southern region and Compass (Fukien) School in the northern region, to name a few. When the western world first came into contact with Feng Shui it was labeled as a form of geomancy which is considered "divination by means of figures or lines or geographic features." Although this may be a misrepresentation of the initial use of Feng Shui, this art is constantly in flux and today there are many different schools, some of which do concentrate on the use of this art as a way to impact ones fate in a favorable direction. With this variation, Feng Shui has found a niche in the New Age market of the western world. This has added some aspects to the art that are not for everyone. However, this art of placement does have some wonderful interior design techniques that everyone could adapt and find beneficial. This article will discuss many of these interior design solutions for cluttered and cramped spaces in the home and office. It is difficult to write about Feng Shui without looking at some of the ideas of balance that have become part of this art form. First we will look at some of the ideas behind the creation of balance and then we will look at some of the practical solutions this art form has for our living and working spaces. For those who are more interested in the practical interior design aspects of Feng Shui, take a look at the third paragraph.

Feng Shui, as the art of placement, is aimed at creating the best balance of elements and flow of chi throughout any space. Chi is considered an energy that surrounds all living things. Feng Shui strives to give chi the smoothest possible flow so it does not become trapped or flow through too quickly causing an imbalance in the energy/vibe of a space. If chi does not flow correctly it is believed to have adverse effects on those living around these imbalanced areas. The elemental balance of a space is reached by balancing five elements of nature: earth, water, wood, fire and metal. These elements are mapped out using a bagua. A bagua is a chart used for IChing that is also used to plot the areas of a home/space. Each direction has an effect on certain areas of life (click on the image to the right for a larger look). The main directions of North, South, East, West and center correspond the five elements of nature. In short, the areas on the bagua effect and are represented by the following:

  • South - Fame - Red, Fire, Birds, Summer
  • SW - Relationships & Marriage - Yellow & Pink
  • West - Children & Creativity - White, Metal, Tiger, Autumn
  • NW - Helpful People & Travel - Gray
  • North - Career - Black, Water, Tortoise, Winter
  • NE - Knowledge & Spirituality - Turquoise
  • East - Family & Ancestors - Green, Wood, Dragon, Spring
  • SE - Wealth - Purple

Keep in mind some of the colors and other symbols may change depending on the school of Feng Shui you choose to use. It is also interesting to note that in some schools the bagua is superimposed over a space (i.e. in a drawing of a room) strictly based on compass direction - the chart's North points the same direction as compass North. In other schools, especially those popular in western adaptation, the bagua is situated according to the main entry to the space. With this method, the South end is always on the same wall as the main entrance so your doorway will always fall into the SE, S or SW section. Once the bagua is superimposed over the drawing of a space you may then see how the various areas of a room or areas of the house are affecting your life whether it be your career or your children. On examining the space you may then pinpoint if something in that space is disrupting the chi of the area and the balance of that part of life. Major problem areas can be fixed with various cures from mirrors to crystals. Changing the placement of objects and adding more lighting can also improve areas (leading into the interior design aspect of Feng Shui). Or if the space is fine but you want to enhance that portion of your life you can add elements and symbols to the space to increase their effectiveness. For example, hanging black and white (gray) travel photos in the NW section may help to encourage travel opportunities. Finally, Feng Shui looks to balance spaces based a symmetry, square and rectangle shapes are ideal. Odd shapes and areas jutting out often can cause imbalance in the chi. For example, if a bedroom falls outside the square or rectangle shape of the house that person will feel detached from the rest of the family and it may lead to arguments or withdrawal. Obviously this is only the tip of all the aspects of Feng Shui and its variances. It takes books to explain these concepts in detail. Let us move on to the more tangible interior design aspects of this art form.

Feng Shui as a interior design tool is truly an art of placement. All placement has an effect on chi and placement should be a conscience act. Many of these placement ideas have very practical reasons and aesthetic appeal to those who may not be interested in the chi aspect of the placement. The following list includes some of the more common aspects of Feng Shui interior design.

Keep places clear of clutter!
One of the basics of Feng Shui is that everything should be kept in its place. Keep areas clear of clutter. Cluttered spaces will trap and slow down chi but will also give you a subconscious weighted down feeling. It sounds simple enough and it is! Clear off your desk, file those papers, go through that stack of books, etc. It will feel like a weight was lifted off your shoulders and you will find that you can think more clearly as there is less subconscious worries about needing to "get to that someday" - get to it today so you can move on!

Doorways 
-All doorways should be in good shape, if they need any repairs, repainting or replacement this needs to be done. Doors should also open into the room rather then out. This will encourage energy to flow in rather then out. -Main Entrance to the Home: Considered the most important entry, the main entrance to your home should be welcoming and positive. Keep the area well lit and free of clutter. Company should come in the doorway feeling welcome.
-Common problems with the main entrance: 1) If your home is a split level you may see stairs going both up and down as soon as you enter. This will cause chi to disperse too quickly and may lead to conflict and bickering in the home as you don't see things the same way. The two stairways also cause a split view which can lead to anxiety. Cures for these entrances include mirrors or a multidimensional picture that illustrates depth. 2) Seeing the back door directly from the front door. This will cause chi to flow too quickly through the home causing missed opportunities. Also, when guests can see the "exit" upon entry it will make them feel unwelcome or impatient to leave. Fixes for this include a screen, curtains or plant to block the direct view; this can also add a rich fullness to the home and encourages people to enjoy what is around them rather then peering through to your backyard right away. More traditional cures use crystals or wind chimes hung between the doors. 3) Some entrances are small and box-like with blank walls. To fix this hang a painting, perhaps one of the outdoors that makes the visitor think of spacious areas.You may add a mirror, but some Feng Shui experts advise against this as startling your visitors (and yourself) with your reflection as one walks in the door can be unnerving and rude. Make sure the area is well lit and bright. You do not want cramped, blank entrance ways to be dark and shadowed. -Other Doorways: Keep the path of doorways clear of clutter. Doorways provide the main pathway for chi and should not be disrupted or blocked - you shouldn't have to tip-toe around a bookshelf, etc when you first enter a room!

Windows
-Like doors, windows in disrepair are not good for the home. Cracked and damaged windows disrupt the chi and should be replaced.

Bedroom
-The bedroom is one of the most important rooms of your house and the placement of your bed is the most important placement in this room. The bed should be a place to rest so you do not want to be disturbed or startled easily. Many consider it ideal to place the bed diagonally facing the door. However, if that is not possible, the following bad alignments should be avoided: 1) Do not have the foot of the bed directly in line with the doorway. 2) Do not have the head of your bed directly in line with the doorway. 3) Place the bed against a solid wall instead of a window or open space. 4) If you have a slanted ceiling the bed should not be under the lowest point.
-Some schools of Feng Shui are against any mirrors in the bedroom. If you do insist on having a mirror in the room make sure it is not directly opposite or viewed from the bed, this set up can cause unease as you will startle yourself when waking.
-Also, electronics such as TVs and stereos should not be kept in the bedroom. These items are usually not conducive for rest and sleep and should therefore be placed in the more awake rooms of the house such as the living room.

Study/Home Office
-The desk is the most important piece in this room. It should be in a command position where you can see the door. Ideal is diagonally so you can see as much of the room around you as possible. Never have your back to the door when seated at your desk. Also, if you sit too close to the door or have a poor view of the room you less control of your surroundings.
-Keep this room clear of clutter. Clutter will work on your subconscious and you will contently be split among several tasks and never be able to concentrate on just one.
-Lighting is important in this room. It should be bright but not glaring. Natural light from a window is good but should not be directly in front of you, instead it should be to your side.

Kitchen
-Another major area of the home the placement of the stove is considered key to this space. The stove should never be placed where you have your back to the main entrance and therefore prone to being startled while cooking! -It is extremely important that this room stays clean
- should be the cleanest in the house! Living Room -Furniture in this room should provide for easy movement. Chairs should be faced towards one another and share a coffee table or stand between them. Empty space between people may cause tension and more conflict, whereas having a table as common ground between them makes them feel more secure and comfortable in discourse. -Many living rooms lead into other spaces such as dining rooms, etc without any real doorway. This may cause an odd or L-shaped room. Again, it is bad Feng Shui to have tangents hanging off the main shape (rectangle/square) of the room. To counter this you may add a screen, open shelves, plants, etc. that gives more structure to the two spaces and keeps them separate. -If your living room or similar room is a sunken room make sure to get floor lamps to brighten the room up. Light will help bring the room up on equal level to the rest of the house and counter the detachment this feature may cause.

Dining Room
-This room should not be overcrowded but more spacious and inviting to groups. Comfortable table and chairs should encourage diners to take their time and enjoy the meal. -Mirrors are great for this room - double the size of your rooms and family!

Obviously this is just a quick sampling of the types of rules Feng Shui has for the placement and design of the home.

Feng Shui, although an ancient art has many practical uses for the modern age. Practical ideas such as having a command position in a room to tackle tasks more effectively can be very beneficial. There is no doubt that the various number of schools and approaches and the New Age aspects and fluctuations of this art form can be a bit confusing and frustrating at times. However, this art, whether you delve into it deeply and adopt its sometimes mystical aspects or if you only want to pull a couple ideas about placement, can still be beneficial and fun to anyone who wants to give it a try.

Fast Fun Feng Shui


- Some schools of Feng Shui believe that each person can be mapped by the bagua as well. Using birth date, the bagua calculators can tell you which directions are more auspicious than others and what areas should be avoided or countered. For an example calculator click here: www.fengshuitimes.com/resources/GuaCalculator/ There is even alterations to the bagua chart based on the astrological year (for year of the dog click here: www.bhargo.com/articles/firedogyear.asp


- Not home much? Feng Shui suggests that homes should always have flowing chi. If you are gone often or for long periods of time make sure to bring life into your home. On vacation - set the radio or TV to create sound while you are gone. Long days at the office or weekend trips - get fish or plants in your home so their energy will keep your space alive.

- Feng Shui isn't just about objects anymore! Have messy neighbors that are cluttering your space and chi? Many modern schools of Feng Shui suggest talking with neighbors and volunteering to help them with clean up projects. Not only will your chi and space feel better, you will also work on you outside partnerships and bring positive energy into your life and home.

- Not all antiques are good antiques. Antiques may have a carry over of bad energy or chi from the previous owner. Make sure to take time to calmly consider and feel the vibe from an antique before purchasing it.

- Cures for your bad Feng Shui: some schools rely heavily on cures. These include chimes, crystals, bagua mirrors, bells, golden arrows and bamboo flutes (to name some of the most common). However, some schools are dissatisfied with the commercialism of these cures. Instead they rely more on rearranging objects already in the homeowners decor or adding ascetic elements such as plants, water fountains and statues.

- My student is an A+ student! Many Feng Shui practitioners believe that you can aid your children's or your own scholarly pursuits through good placement. This could mean having your child's bedroom in the NE sector of the home. Or it may mean placing their desk in the NE sector of the room. Also adding colors of the blue and green/turquoise that represent your child's scholarly interest in the NE sector of the room. For example, blue and green planets on a mobile or pictures of marine life, dinosaurs, etc. where these colors dominate.

- Problems with office politics at the workplace? Work stations should not be directly face to face as this will cause conflict. Sharp angles and corners should not be pointed towards anyone's back other wise they will become the target of office politics and back stabbing. The boss should always have the office furthest from the front door so they are not distracted by everyday events and the distance gives them time to contemplate decisions. If a subordinate is further back then the boss they may feel like they see more and know more.

- Selling your home? Feng Shui can be considered to help aid you sell as well. One example is to make sure you don't have heavy furniture at the base or southern point of your home as this will keep you grounded. Or have a water fountain to help de-stress potential buyers. It is a growing trend and there are programs that offer real estate agents contact hours in Feng Shui training!

Further Reading Online

American Feng Shui Institute
www.amfengshui.com
To correct mistakes committed in various Feng Shui books on the market and to prevent people from being victimized. To help people discern real professional Feng Shui practitioners from impostors, and to set Feng Shui apart from superstition, mysticism, and religion. To apply the fundamentals of Feng Shui to initiate interest and research in the ancient natural science. To utilize Feng Shui correctly such that it benefits all mankind.

Fast Feng Shui
www.fastfengshui.com/articles.htm
We are pleased to offer the following articles on contemporary western feng shui.

Feng Shui Chinese
www.fengshuichinese.com
The Site is made in Hong Kong and China by Feng Shui Experts and is in both English and Chinese Languages. We appreciate your feedback.

Feng Shui Gate
http://www.fengshuigate.com/
Essays on the origin of Fengshui

Feng Shui Society
http://www.fengshuisociety.org.uk/ 
The Feng Shui Society, based in the United Kingdom with links throughout the world, is an independent, non-profit organization established in 1993, run on a voluntary basis by an executive committee elected from the membership. It administers minimum standards for education in feng shui to professional practice level and maintains a register of accredited consultants. 

Feng Shui Times
www.fengshuitimes.com
Ancient Wisdom for Modern Times

World of Feng Shui
www.wofs.com
First Magazine of Feng Shui in the World

Selling Your Home in a Buyers' Market

How to step out from the crowd!

Article Thumbnail Small

The phrase "buyer's market" is used a lot in the news today. Frankly, it is one. The interest rates are encouraging, although not the lowest for 30 year loans, they are still low and make it a good time to buy. Also, there is quite a choice for buyers to choose from on the market. This only increases as we get into spring and summer. So how do you get your home for sale to stand out from the crowd? Set a realistic sale price. First, know the appraisal value of your home. If you don't, hire an appraiser. You need to know what the bank thinks your home is worth. Setting your price too high can break a sale at closing. Next, take a good look at the market around you. Compare yourself with like homes; homes that are the same age, similar square footage, comparable yards, and in similar neighborhoods. Then see which of these homes have been selling and which have been sitting. Consider how long you want to be on the market. Depending on your location, even a well priced home may take 60-90 days or longer in a buyer's market. Make sure to concentrate on here and now, do not get stuck looking at what your home might have sold for last summer or fall. Facing the reality of how much your home is worth on the current market will help you avoid reducing your price or offering incentives you would rather avoid. Know your competition. As stated above, make sure to compare yourself to like homes. Also, check to see what, if any, incentives comparable homes are offering. Tour some of the homes. Get an idea of what updates have been done. Take a look at how comparable homes are being staged or what they are lacking in their staging. Sometimes using a critical eye on homes you are not attached to can help you discover what potential buyers may be seeing in your home. Get an experienced realtor. Find a realtor who has been selling homes for a while. Especially with the recent fall in home sales for most of the nation, you want to make sure you get a realtor who will avoid knee jerk reactions to a market they haven't experienced before. A realtor who is familiar with your neighborhood and knows what buyers are looking for can help you prepare the house for sale. Stage your home for showing. Set your home up as a model home. Go to an open house at a new development or home and garden show in your area. Notice how there are tasteful decorations that offer the aesthetics without the personality? Take down family pictures, collectables, anything that tells about your personality. You are moving anyway, so get these items boxed up now. You want buyers to walk through your home seeing the home as one they can picture themselves in. You don't want the buyers to walk away thinking, "Wow, they really like Elvis!" Ramp up the curb appeal. Make sure to keep the yard and front walkway pristine. This is the first impression before a potential buyer walks in or even picks up that flyer. Your backyard should be cleaned up as well. Sometimes people forget that the outside of the home can say a lot about the owner. If you have a neglected yard, buyers may wonder if you are neglecting other problems inside your home as well. Fix or update problem areas now. The last thing you want is to get an offer and then have something come up in a home inspection that can break the deal! If you aren't sure, it is not uncommon for buyers to have their home inspected before placing it on the market. Unless you are pricing your home below value as a fixer-upper, then you need to get any repairs done before going to market. Be realistic, although a new kitchen may add to your home, most likely the cost of remodeling will not be recuperated in your selling price. Instead concentrate on items that either have to be done or you can do easily and at little cost to yourself. Offer incentives for buyers. Incentives can vary in scope. Perhaps the carpets are old but you don't want to get them replaced; you can offer a carpeting/flooring allowance. Perhaps you want to drive the buyers to close by offering to pay closing costs. You can pay for other buyer costs such as homeowners insurance, home appraisal or home inspection. In the case of a condo, you can offer to pay the first 6 or x months of homeowner dues. Another incentive that might help is being flexible on your move in date. Respond to offers and questions quickly. Don't let potential buyers sit wondering what happened to their offer. Get back to any offers or questions about the home as quickly as you can. This will include the help of your realtor as buyers will contact them first. Make sure your realtor is a good communicator and will respond quickly!

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.

SELLING YOUR HOME? USE THESE TIPS!

Increase The Curb Appeal Of Any House.

Article Thumbnail Small

Clean up the outside.

  • Curb appeal is the first impression of your house. Keeping the grass cut and the area tidy will help make a great first impression.
  • Paint or wash the exterior of the house (including window casings, shutters, and doors).
  • Wash the windows inside and out.
  • Check the gutters and chimney.

Increase The Curb Appeal Of Any House. Simple, low-cost curb appeal and house makeover improvements that anyone can do in a weekend. Or, there are many landscaping companies that can help with the job if time is an issue.

Touch up the interior.

  • Put a fresh coat of paint in the most used areas of the home. This will clean as well as brighten up the rooms.
  • Wash the walls where paint is not appropriate (i.e. wall paper, paneling).
  • Wash all floors and bathroom tiles.
  • Shampoo dirty carpets.
  • Get rid of clutter. Clean out your closets, garage, basement, and attic. Use shelf storage if necessary.
  • Replace air filters to help keep the dust down.

Replace bathroom and kitchen fixtures that are worn or leaking.

  • People will notice a leaking or worn-out faucet. By replacing these items, you will give a new look to the room.
  • Clean under the sinks. If there are any leaks, fix them. Then clean up the damage using contact paper or paint.

Home Improvement Contractor. Find and research local contractors, and get free no obligation quotes on your home improvement projects.

Get rid of any bad smells in your home.

  • Pay attention to pet or cigarette odors.
  • Place scented potpourri around the house.
  • On the day you're expecting a potential buyer, pop a batch of frozen cinnamon rolls, home-made bread, or an apple pie into the oven for a great aroma.

Back to School Basics

Tips and Tricks to Save $$

Article Thumbnail Small

In our area, the made-up snow days at the end of the school year made this past year seem long. Therefore, it's a bit jarring to be thinking about back to school supplies already. However, planning ahead can help prevent a lot of the headache in back to school shopping. Many times the quest for new supplies and clothes can seem like an endless scavenger hunt that quickly eats through money in the bank! Below we have compiled a few tips on how to keep the costs low, as well as things to consider when deciding on which supplies will best fit your student's needs. We have also taken a look at a few of the activities you can still be doing the final days of summer to keep your child's mind sharp and ready to jump into the next grade. Students on average lose a month of learning during summer vacation and can lose over two months of learning for harder subjects.* Luckily, there are ways to battle the summer brain drain while still having fun! *"Summer Vacation Slide" by Barbara Pytel

Back to School Supplies Armed with a supply list provided by the school, it is time to begin the scavenger hunt. As you look for supplies for your children, below are a couple items to keep in mind.

  • Waste Not, Want Not Take a look through left over supplies from last school year. Did older children leave something the younger ones can use? Where certain supplies never used or still have some life left in them? Do some supplies just need new batteries, lead, erases or other refills? Also, check older items that may be spruced up a bit with stickers, photos, etc. - it makes for a fun project for the younger kids and can help get them excited about going back for the next year.
  • School Supply Closet If you don't already have one, set up a supply closet/space where you can keep old and new supplies all year round. Here you can keep packets of pencils and stacks of paper or notebooks that you know will be used throughout the year. Buy commonly used items in bulk and you will save in the long run.
  • Collect Year Round Now that you have a School Supply Closet set up in your home, you can more easily take advantage of deals as they arise during the year. With a place to neatly keep school items you will have a better idea of what you need more of as you shop. Although Back to School sales can be good, you may find even greater bargains at the end of the season or during clearance sales.
  • "Ouch! My back!" Backpacks are often overloaded with school supplies and can cause back pain and muscle soreness for students of all ages. A backpack should only be 10-20% of the student's weight. If a smaller student is expected to carry a lot, then you may consider getting a rolling backpack.
  • "But everyone else has one..." The plaintive cry of so many children around the country. But be strong - get only what your child really needs for school. Get supplies that are basic and therefore timeless. Fancy cartoon or pop-icon covered supplies are short lived. If you do get them, only get a few that you are certain your child will use before they become "unfashionable."
  • Quality is still #1 You can shop cheap without going so generic all you get is poor quality. You don't want to buy supplies that will break, leak, rip, or fall apart before the end of the first week. (I still remember a black glued notebook I had in high school that literally just fell apart at the seems with paper scattered about the floor - not fun!) Make sure there is some quality in the products you buy. Keep in mind how roughly binders may be handled, how pens may be shoved at the bottom of a backpack and how that same backpack will be tossed, dropped, kicked, lugged, shoved and zipped/unzipped more times than worth counting.
  • Batteries not Included Avoid gimmicky and flashy supplies that twirl and light up. Teachers find these are very distracting in the classroom. If you do get a fun item like this, keep it at home where it can make the homework blahs a bit more fun.
  • Accounting 101 As your children get older, include them in the budget planning. Working together on budgeting for supplies will teach your students how to prepare and why all the flashy supplies may not be worth it. You will soon find your child will learn to appreciate the cheaper supplies so they may budget for one or two more fancy items.
  • Organization 101 Along the same lines as Accounting 101, sit down with your older children and take the time to recall what worked or didn't work last year for their learning. Did they find note cards useful and need more this year? Did color coding subjects help or would an all in one binder be more useful? Are they still struggling and need to try something new?
  • Munch a Lunch Increasingly, online access allows parents not only to review the menu but to check their child's account and upload more funds when necessary. Many schools are also adopting healthier menus. If you don't have a picky eater, this may be the most convenient option. However, if you do have a picky eater in the house or if your child has any food allergies or dietary restrictions, then packing a lunch is the better way to go. Buying food and snacks in bulk has decreased the grocery bills of many households. With a bit of pre-planning, you may actually save money if packing lunches with items you know your children will eat. For growing teenagers with insatiable appetites, giving them as many snacks as possible can help curb the fast food purchases and the extra expense of impulse hunger-buys. Packing Get a good, strong lunch bag. Brown paper bags don't hold up well and are not environmentally friendly. A good lunch bag will protect other items from spills and with a small ice pack can keep food at a safe temperature until eaten. Free Tupperware is good (i.e. sandwich meat containers) however they only have so long to live after being tossed around in a lunch bag. Good containers is a worthwhile investment as they will be used 5 days a week to pack a healthy and full meal! Munchies Include your children in planning lunches for the week. Do this on a regular basis as they may have been all about bananas the last two weeks but are now sick and want a different fruit or veggie. Find out if lunches are satisfying - are they still hungry or brining extra home? If they are brining a lot home, find out if they are preferring a food/snack served in the cafeteria. If you are trying to save money by buying in bulk, you may be able to buy this favorite to pack in their lunch or find a healthier alternative instead.
  • Free Shipping Shopping for school supplies online is not out of the ordinary anymore. Many office supply stores and their competitors are allowing parents to shop from the computer. Compare shipping rates - you might even get free shipping with purchases at a specified total.

Back to School Clothes Most kids grow out of their clothes and shoes at an amazing rate. Keep their closets full with basics and not the trendy fashion of the day. Keep clothes practical and you won't break the bank!

  • Basics, Basics, Basics Keep the clothes to the basics as much as possible. Going for trends and fads will only hurt the checkbook when your child refuses to wear them again. This doesn't mean you can't get trendy clothes if it fits your budget. One way to make this easier is to get your child involved in the budget process. Let them know how much is budgeted for the season and then shop together for some basic items while saving for a few "gotta have" fun items.
  • Playground Attire (At Every Age) Can you run, jump, play and have fun in those clothes? Make sure your kids try moving around in the clothes they want to buy. Oddly cut pants are no fun for young kids to play in and skinny jeans will not be as appealing to that middle school student once they try to sit in a chair hour after hour of class. Make sure your children on aware of the functionality of their clothing choices. Finally, make sure you check out what is allowed at the school. Funky, trendy, or skimpy may not be practical and they may get your child sent home too! Take care to read slogans on t-shirts, ambiguous language or even blatant references to questionable or illegal subjects (i.e. drugs/alcohol) may not be allowed as well.
  • Hand-Me-Downs (Even with the Neighbors!) If you have more then one kid, hand-me-downs can be great. Especially if you stay with the basic and timeless classics, it will be easier for the younger kids to use what their older siblings can no longer wear. With how quickly they grow through clothes, most of the clothes will be in great condition and you can't beat the price! If you don't have older siblings, consider roving the local garage sales. Or talk with parents at the school, some parents plan exchange nights where they all bring clothes their kids can no longer wear and exchange with each other - again, you can't beat the price of a good barter in kind!
  • Consignment & Charitable Stores Both consignment and charitable stores can offer a great way to fill your kids closet. Get your children involved. At the consignment store they can make their "own" money by turning in old clothes for cash or store credit. Going to charitable stores, children can learn early how to stretch their dollar. Especially when shopping for items they know they will not be using often - so they need a white dress shirt for choir but will only wear it one season - a charitable or consignment store is a great fit. For the really creative kids, this can be a great way to mix and match and create their own style for cheap.
  • Shop In and Out of Season Without a doubt the department stores and outlet stores will run great deals and back to school sales. But also keep a look out for seasonal closeouts. Items you may not use this year might be used the next - just be aware you may have to do some good guessing on future sizes! Again, when shopping seasonal or end of the year sales, make certain to go for basic and timeless styles - the trendy may be a good bargain, but may not be worn by a stubborn teen next year.

Back to School Learning As mentioned in the intro above, research has shown that children lose about a months worth of knowledge over a 3 month summer vacation. For more difficult subjects this loss may be even more. There are ways to keep your kids mind sharp and even learn new things over the summer while keeping it fun and relaxed.

  • Homework Hour Okay, I know we just said to keep it fun and relaxed...it still can be with a scheduled time at night for quiet "study" time. Try to leave an hour open twice a week (or more) for a homework hour where you and your kids play a challenging game, watch a documentary, quietly read, or they can play an educational computer game - there are many online covering everything from dinosaurs to foreign languages. It will help keep you child's mind sharp and attuned to concentrating on one task like they will have to when real homework starts again in the fall. Of course this is generally for the older student, younger kids wouldn't need to do a whole hour - something more comparable to what they do in a school activity. The idea is not to sit them down with a chart to fill in or tables to review. Instead, get them to apply some of their learned knowledge in an activity.
  • Summer Reading If not done during homework hour, summer reading can be done daily. Read to the younger kids, read along with the older ones and read quietly next to the tweens and teens. The idea is to again make the environment conducive to some reading time. Take a trip to the library once every two weeks to stock up on books. Perhaps an older kid might be interested in entering one of the many reading contests that happen every summer. Read the same book as a family and compare opinions. Read books related to an upcoming summer vacation. Read books with a movie fast approaching and compare them to each other. Read non-fiction books as well. Simply put - read!
  • Inquiring Minds Want to Know Consider making national pastimes a chance to learn - How do fireworks work? What creates a thunderstorm? Why do we celebrate July 4th? Which constellation is that? How does a camera work - perhaps put it on manual and figure what different apertures and shutter speeds can do. Or turn a family road trip into a chance to learn a bit more - stop at a national park or try a different cuisine from what you get around home. Challenge yourself to look at items we take for granted as possibilities for learning and experimenting.
  • Did we say Experiments? What better time then summer to make a mess in the backyard. Make a homemade volcano, your own play dough, or put together a model car/airplane/ship/dollhouse. Get your kids involved in projects - perhaps you are doing a home improvement, although you child may be too young to help with the tools, they might be able to help you figure the square footage as you plan your project. Need help in the garden? Don't make them the "weed puller" - instead let them help you tend soil, plants, discover bugs, create a sculpture or taste some ripe berries off the vine.