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Preventive Maintenance Tips for your Home-Part 7

This month we will conclude our Spring season tips.

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Welcome back to Rocky’s Corner! Last month we started Part 6(a 2 part Spring) of an 8 part series of Preventive Maintenance Tips for your Home. This month we will conclude our Spring season tips.

Every Spring-Part B

EXTERIOR CAULKING:

  • Inspect caulking and replace if deteriorating.

FLASHING:

  • Check flashings around all surface projections and sidewalls; replace if necessary.

GUTTERS AND DOWNSPOUTS:

  • Clear/install/repair gutters and downspouts and make sure the runoff is directed away from your home so it can’t erode the soil around the foundation or run into your basement or crawl space.
  • Install gutter accessories to divert water, channel underground drain lines into existing yard drainage or storm sewers, or consider installing a dry well at the end of the drainpipe to slowly distribute the water to surrounding soil.

LANDSCAPING:

  • Clean out the flowerbeds, removing fallen leaves and blossoms to avoid potential fungus and molds.
  • Cut back and trim all vegetation and overgrown bushes from structures.
  • Trim non-fruit trees before they start to grow and both fruit trees and Rose bushes before they start to bud to improve their production.
  • Consider a lawn renovation to eliminate the brown spots and crab grass left over from last summer and reseed bare spots. Contact a county extension service or gardening service for advice about proper lawn and garden care for your area.
  • For all of the above items, a prescreened pro may be your best bet. PIPES: Remove insulation around outdoor water pipes. Check for leaking around the outside hose bibs and evidence of rust or a white line deposit that may indicate a leak is starting.

ROOFS:

  • Inspect roof surface for warping, aging, moss, and cracking, making sure that shingles, shakes or tiles are sound; repair or replace as needed.
  • Inspect the flashing around chimneys, skylights and vents.
  • Seal cracks or openings where water could penetrate.
  • If you see significant damage or wear, contact a roofing specialist to give you a bid on a roof replacement.
  • Check eaves, and soffit for signs of water damage or deteriorating paint.
  • Repair, repaint or consider wrapping with maintenance-free vinyl or aluminum soffit and fascia.

SIDING:

  • Inspect siding (especially on the south and storm sides of the house) for evidence of deterioration, including cracks, splintering, decay, and insect damage; clean, treat and repair as needed.
  • Remember, paint protects wood and stucco surfaces; postponing necessary painting will require more extensive and expensive preparation (scraping, sanding, and priming) and repairs before repainting in the future.
  1. Brick and stone: check joints between wood and masonry. Waterproof, repair or repaint if necessary.
  2.  Wood: look for lifting or peeling paint, splitting wood or areas where the wood grain is separating or “checking” because water is getting into the siding.
  3.  Stucco: a chalky residue that rubs off on your hand is evidence of oxidation, a deterioration of paint or color coat that reduces stucco’s insulating value. If the stucco is cracked, this allows water to get in around windows and doors. If this is the case, have your stucco professionally repaired.
  4. Trim: look for peeling paint on the fascia boards, window sills and sashes that could allow water in to form mildew and fungus on the interior of your home behind curtains, blinds and window coverings. Consider installing maintenance-free vinyl or aluminum trim.

SPRINKLERS:

  • Check lawn sprinkler system for broken heads, leaky valves and exposed lines and contact a sprinkler service if necessary.

WATER WELL:

  • Consider having well water tested for safety. Join me next month for our final Part of our series on Preventive Maintenance Tips for your Home. Visit us at www.freminshomeimprovement.com

Chimney caps, yes or no?

Our home inspector recommended that we install a chimney cap on the older home that we are buying.

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Q Our home inspector recommended that we install a chimney cap on the older home that we are buying. The chimney has not had a cap in it’s 60 plus year life, so why put one on now?

A In my practice as a home inspector, I always recommend the installation of chimney caps. Chimney caps serve a variety of purposes. They keep animals such as birds, squirrels and rodents from entering the chimney and in some cases the crawl space. A 60 year old home may have had an oil-fired furnace in the crawl space or basement which would have been vented through the chimney. The vent pipe opening provides direct access for critters. It is not unusual for rodents to crawl down through the chimney into the crawlspace seeking a warm place to nest. Chimney caps also keep out rain and debris such as leaves that can collect in the flu. Chimney caps also serve as spark arresters. Most caps are not expensive, and your local chimney sweep can recommend the one that is best for your chimney.

Insurance Coverage in an Economic Recession

Limiting Your Risk When Cutting Costs

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Lately, when we turn on the news, we hear about a troubled economy and an unstable job market. The constant barrage of bad news has encouraged most of us to cut spending wherever possible. Perhaps a household will cancel cable TV for a year, limit their cell phone plans, reduce the number of times they eat out as a family, or tackle another cost reducing option. As many different "belt-tightening" measures are taken, everyone should be careful they don't cut the essential items. One annoying essential is the cost we pay for insurance - there is no guarantee we will need it in the near future (in fact, we hope to need it as little as possible), however, if an accident does happen and we don't have coverage, the costs could send us into bankruptcy. Understandably, if a bread-winner of the household loses their job, it is tempting to cut costs where we cannot see the immediate need. This said, it is far better to reduce coverage than to go with no coverage at all.

Before we discuss insurance any further, let us get this down now - it is not worth the risk to eliminate insurance coverage completely.

  • For homeowners insurance, your mortgage lender will require that your home is at least minimally insured. However, it is possible to let your insurance coverage lapse if you don't pay your bills or mortgage. A few months lapse does not mean you lose your insurance right away. However, letting it go longer than a couple of months will leave your home uninsured. When you then try to reenroll your coverage, the insurance company may charge you as much as 2 or 3 times more depending on how long you went uninsured - you have become a higher risk client. If you do not reenroll and let your insurance continue to lapse, your lender can take action to protect their investment. A lender may enroll the house in an insurance policy which they then add to your loan payment. However, they will be the party to receive funds if the home is damaged (i.e. fire). Essentially, you will be forced to pay for an insurance of their choosing (maybe at a higher rate) but you will not receive the benefits of the original coverage under your name.
  • Basic automotive insurance is required by law in most states. If you are driving uninsured, you could be faced with a lot of out-of-pocket expenses as well as legal fines if you are ever in an accident. Again, if you drop insurance coverage and reenroll later, the insurance company may charge you as much as 2 or 3 times more depending on how long you went uninsured as you are a higher risk client. For a chart detailing the amount of coverage required in your state, click here to visit Insure.com. Before you cut your auto insurance to the bare minimum listed, consider some of our insurance shopping tips listed below that may help you lower your costs.
  • Finally, what about health insurance? It is estimated that this year the number of Americans without health insurance is as high as 52 million. Most Americans rely on their employers to help cover some of their health insurance cost. However, as premiums rise for companies, they are forced to increase the contributions of their employees. So in today's economy, both those with jobs and those who have lost their jobs are struggling to keep affordable health insurance. Everyone should have health insurance to offset the astronomical cost of emergency health care. Those without insurance may find that the ambulance ride alone may break the bank and leave them with more debt than they can possibly afford to repay. Below we have provided some strategies for obtaining cheaper health insurance.

The above said, let us see how you can cut some of your insurance rates!

Cutting your insurance costs does not mean you should go without coverage. Instead, be a savvy consumer and do your research and shop around. Recently an insurance company ran an ad where they asked consumers how long they shopped for their car and received answers from a week to even a couple of months. When they then asked how long they shopped for insurance, there was a pause and the usual answer of, "Er, uh, less than an hour." This commercial proved a good point about how many people approach shopping for insurance with less care than the big ticket items to be covered. Here are some shopping tips to help you find the best price and coverage.

Strategies for obtaining discounts on home, automotive, and health insurance: 

SHOP before you DROP your money! As the commercial we used as an example above, and as we keep mentioning over and over, nothing can beat comparison shopping. Use the web to your advantage as there are so many quote and comparison sites available. If you aren't comfortable with the web, do some calling around to your local agents. It is worth your time and money! 

Considering the online insurance option? You may give up on some individualized care, but the cost savings may be worth it. Consider these PROS and CONS before you buy online insurance coverage:

The PROS - There are many benefits for utilizing online insurance:

  • Easy Comparison Shopping: Using insurance websites, you can compare coverage and prices on almost any type of insurance. You can also browse the individual insurance carrier websites once you have narrowed your search. Almost all companies now have libraries and tools for you to learn more about their services online.
  • Your Time Is Money: Shopping for insurance online can be done at any time of day. It is hard to get time away from your daily schedule to sit down and comparison shop with insurance brokers, or indeed, individual agents.
  • Low Pressure: Let's face it, many people find it easier to stand firm without the person-to-person contact. Users feel they can be more savvy and better informed when every option is at their fingertips rather than relying on an agent's account.
  • Save Money: Due to the time needed to comparison shop, the pressure to stay loyal to one company, and the uncertainty of other companies, some may lose money by staying blindly loyal to their insurance carrier. The online market allows for easy comparison shopping, less pressure, and research tools to learn more about other companies. By becoming well informed, you can work out a better rate with your current provider or move to a new provider who offers better coverage for your dollar.

The CONS - Be aware of these complications when purchasing insurance online:

  • Understanding Coverage Options: Without an agent to explain 'insurance speak,' you may not know all the coverage you may need. This is especially the case for those getting insurance for the first time. However, if you have discussed options with an agent before and have a generally good idea of the type of coverage you will need, this may be something that is manageable with a little extra research.
  • Is that quote really a deal: All quotes may not be equal. Take care to examine all the coverage included with quotes. The online quotes may help you narrow your search, but should not be taken at face value because not all companies offer the same 'comprehensive' coverage.
  • Buying Insurance Coverage In Your State: Not all states allow you to purchase insurance online. Some allow you to get quotes but still require you to meet with an agent before signing any contracts. Also, because the Internet clouds locality, you will need to make sure the insurance carrier is licensed in your state.
  • Individual Customer Care: Do you really want to push 1, then 2, then 4 to talk to someone about your insurance coverage? Working with a local agent still offers the advantages of individualized customer service. They will also have a better knowledge of the coverage their carrier provides and can help you understand all of your options. They may also be aware of more discounts available to you that you may not know to ask for online. In this way they can offer better individualized care.

For more information about purchasing insurance online, read our article 'Online Insurance: Is Online Insurance Right for You?'

  • Look for and Ask about Discounts: All insurance companies offer discounts, however, not all of them will offer a discount if you don't ask. Since not all insurance companies are upfront with all the discounts they offer, it is best to shop with this at the top of your list of items to ask about. Discounts are available for all types of coverage and include everything from being a long-time client to paying your policy in full (rather than monthly). Homeowners can get discounts by making certain upgrades to their home that make the home more secure and/or energy efficient. Automotive insurance often has the most selection of discounts ranging from a good driving record, a short daily commute, or even a high grade point average (for those student drivers in the house). Health insurers will give discounts for clients in good health - if you lead a healthy lifestyle with regular exercise, no smoking or drinking, you may find completing a health survey will save you money on your premium.
  • Raise your Deductibles: By raising the amount you pay out-of-pocket in the case of an emergency, you can lower your rates substantially. Higher deductibles will mean that you may have to pay as much as $1000 or more out-of-pocket per event. However, it does provide a safer gamble compared to no insurance at all. For health care you may consider a high deductable plan for "emergency" or "catastrophic" insurance. These plans will only cover a major accident but, if you are in good health and don't need a lot of medications, this plan can help offset high rates. However, keep in mind that you will have to pay over $1000 out-of-pocket and these plans will not cover routine doctor visits. Instead, combine this insurance with a Health Savings Account for the best rounded coverage.

MORE Strategies for obtaining discounts on home and automotive insurance: Flood damage is not covered by homeowner insurance. The National Flood Insurance Program is a partnership between FEMA and isnurance companies that offers coverage. 

  • Bundle to Save: Using one insurance provider to cover your home and vehicle can help save you money as most insurance companies provide a discount to get your business. This will save you money if you check with your current provider, but don't be shy, take advantage of online comparison sites or do some calling around. You may be surprised at the differences!
  • Review your Policy: Make certain you review your policy at least once a year. There may be adjustments you can make in coverage. For example, as your car gets older and subsequently worth less than when you first bought it, you may find you need less coverage. For your home, you may find you have sold high insured items from your household or take inventory and realize you don't need to cover that old computer or entertainment center for as much as you did before. Examining your Personal Property Value may lead to areas you can logically cut coverage.

For more information about homeowners' insurance, read our article 'Understanding Homeowners Insurance.'

Insurance Company Rankings

• AM Best Company - Insurance Reports http://www.ambest.com/homepage.asp
• Consumer Reports (requires membership for ratings) http://www.consumerreports.org/cro/money/insurance/index.htm Standard & Poor's Ratings http://www2.standardandpoors.com/
• US News & World Report - Top Health Insurance Companies http://health.usnews.com/sections/health/health-plans/index.html

Online Insurance Comparison Sites

• Insurance.com www.insurance.com
• Quicken http://www.quicken.com
• InsWeb www.insweb.com Insure.com www.insure.com
• eHealthInsurance www.ehealthinsurance.com

 

Homecheck Autumn Harvest

Fall is traditionally associated with harvesting and stocking up for the winter ahead.

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Fall is traditionally associated with harvesting and stocking up for the winter ahead. However, many locations in the U.S., even those accustomed to getting heavy snow in the winter, may embrace the fall as a great time to extend their garden harvest and continue to play with their landscape. Gardeners may continue to plant a regular 'salad mix' and root vegetables through November. Fall is also a great time to plant bulbs and other plants for the following spring. Landscapers who think ahead may already have some great flower varieties showing off their colors in the fall. Finally, fall is a great time to take advantage of mild temperatures to prepare the plants and soil for the winter ahead. There are many projects for the fall garden to keep all green-thumbs happy!

"Autumn, the year's last, loveliest smile." ~ William Cullen Bryant

Part I: The Garden

• There are many quick growing vegetables that enjoy the milder fall temperatures. There are also some longer growing vegetables that don't mind a little frost and may be planted early fall for a harvest in November/December. Some of those that can help keep your green thumb busy are: Arugula - Beets - Broccoli - Cabbage - Carrots - Cauliflower - Leeks - Mustard - Radish - Scallions - Spinach - Turnips - Winter Squash (click on each for more information)

• As you enjoy your fall vegetable garden, keep some of these tasks in mind to prep the soil for your spring planting.

  1. Remove dead plants. If you keep them there they may become a hiding place for pests. Instead, collect healthy remains and place them in a compost bin or discard completely. Also remove old stakes and twine, this will just get messy over the winter and become more of a headache to clear out come spring.
  2. You may till some dead leaves and compost into the soil to add nutrients over the winter. However, be careful not to have too much as you do not want to mat the surface. Tilling your soil in the fall can also expose any pest larvae to freeze in the winter. Finally, take a soil sample; fall is a great time to add lime or sulfur to adjust the soil pH for spring.
  3. If you have a mild enough winter, you may want to consider cover crops such as clover and rye grass (ask your local garden store for localized suggestions).
  4. Do not fertilize as this will wash away before your spring planting - save your money!
  5. Use time in the fall and winter to sketch out next years garden. Doing this early will help you decide if you should make any adjustments or amend soil in certain areas now.

Part II: The Landscape

• Looking for a little color around your house in fall? try some of these plants to add color to your home with their vibrant fall colors and blooms: American Cranberry Bush - Chrysanthemum - Burning Bush - Iris (re-blooming) - Kale - Pansies (click on each for more information) 

• Or perhaps you are considering your spring flowerbeds. These plants can be planted in the fall to make sure they are established for a spring awakening: Allium - Crocus - Daffodil - Hyacinth - Iris - Tulip (click on each for more information)

• Fall is also a great time to introduce new plants to your landscape. Many of your large plants such as trees and shrubs do best when planted in the spring or fall. Planting in the fall allows them milder temperatures to get established before the winter.

• Now is also a good time to relocate plants that may not be happy in their current location. Also, perennials such as Daylilies, Geraniums, Irises, Lambs Ears, and Peonies may be divided and spread in your landscape for a new bloom next year. Now is the time to clean up your landscape and prep your plants for the winter ahead.

  1. Water all your plants - it may be wet, but they will appreciate a good drink before the ground freezes.
  2. Cut away - cut back perennials and add to the compost bin. If you have any question about the health of the plant, discard the cuts instead. Also cut back any evergreens and shrubs; at this point you are mainly cutting out dead or diseased stems on the plant.
  3. Clear debris such as leaves and pine needles from the base of your plants. Crushed dried leaves can be used to make mulch or compost. Some gardeners may also use pine needles for mulch, however, pine needles can make a more acidic soil.
  4. Dig up the annuals - they have had their moment of glory, add them to your compost bin.
  5. Lawn care - continue to mow your lawn until it stops growing. Make sure to rake leaves to prevent molding and dead spots. You will also want to fertilize the lawn once in the early fall and again after it stops growing.

Customer Deposits

Illegitimate Revenue Stream for Banks?

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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.

Cracks in the sidewalk

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

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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.