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Understanding Homeowners Insurance

Many of us obtain our homeowners insurance when we purchase our home.

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Many of us obtain our homeowners insurance when we purchase our home. After this initial purchase, we do not give this insurance another thought. It is not until the roof is damaged during a violent thunderstorm, a major appliance fails and floods our basement, or the neighbor's kid slips and fractures their wrist in our living room that we dust off the policy and ask ourselves, "Am I covered for this?" Don't wait until damage or an accident happens to discover what your insurance policy covers. Instead, you should have a good idea of what you are covered for and what is not included. Every year you should assess if your coverage should increase or if there is any optional coverage you may want to add. The purpose of this article is to point out some general characteristics of homeowners insurance and help in determining if you have the right coverage. Obviously this cannot substitute for a consultation with your insurance provider, but it will give you a better idea of what questions to ask. Image of home, crutches and turning road sign.

There are five popular topics concerning homeowners insurance that we will discuss below: types of damage covered, determining replacement cost, determining personal property value, understanding liability coverage, and ways to save money on your policy.

Homeowner insurance policies typically cover damages such as: fire and smoke damage, storm damage (i.e. lightening, wind, hail, ice and snow), water damage (other than flooding as this is separate), explosion, vandalism, theft (some companies are now offering an identity theft coverage option as well), civil unrest, and damage by aircraft and vehicles. You should discuss with your insurance provider any additional hazards you may face in your location such as earthquakes or floods. There may also be hazards you are not immediately aware of that could effect your insurance cost such as your neighborhood crime rate or if you own a Flood damage is not covered by homeowner insurance. The National Flood Insurance Program is a partnership between FEMA and isnurance companies that offers coverage. Click here for more.pet that is considered to be a high liability risk (i.e. certain breeds of dogs). Depending on the probability of need, you may be required to get additional coverage for these hazards by your insurance carrier and/or mortgage lender. To find out about special hazards in your area, talk with your insurance provider or contact your state insurance commissioner. If you run a home business, you will need to get separate insurance to cover business items such as computers and liability, i.e. if you run a daycare, your standard homeowners will not cover any accidents. Other items that are not covered by your homeowners insurance but may be covered by additional or alternate policies are: tenants, multiple family dwellings, land, theft by those covered in your insurance policy (i.e. recently separated spouses), and cars. Take a look at your policy and review your coverage. Consider how you use your home or where your home is located. Do you need additional or special coverage? This is a question you should review every year.

When choosing a policy, it is important that you consider the replacement cost of your home. The replacement cost is the amount it would take to replace your home. Replacement cost is not the same as the market value of your home as the market value includes the property it stands on and the current housing market. Because of this, it may not be equal to your outstanding mortgage. You can get estimates for replacement cost from appraisers, your local builder/craftsmen association or your insurance agent. Once you have determined how much your home replacement cost should be, you should review it and make any needed adjustments every Condos usually have a Master Policy that covers liability and property for common grounds. Individual policies then supplement personal property, liability and immediate structure.year. Most insurance companies will include an increase of coverage every year to match inflation. However, other items may also require you to adjust your replacement cost. Major remodels to your kitchen or bathroom or room additions can drastically effect the replacement cost of your home. If you use special materials or there is a housing boom making building materials scarce in your area, these too may affect your replacement cost. Another item that may effect your replacement cost is the change in building codes since when the house was built. Even with partial damage, it may be necessary to take the whole area/structure down to bring it up to code. If you own an older home, you should definitely discuss this with your agent. You may also get an extended replacement policy that will help you if your replacement coverage is below what you need. However, it is more economical if you take the time to review your policy and change your replacement cost coverage each year. Finally, keep in mind your policy should also include coverage for living expenses while the home is rebuilt or repaired. With the structure insured for major repairs, you can now consider your possessions.

Determining the personal property value depends on how much time the homeowner wants to invest in itemizing their property. Traditionally, most homeowners are covered at 50% of their home's value to cover personal property. Some pay a bit extra and get 75% of the homes value. Replacement costs like this cover like items, not necessarily the same make and model. You can also make an itemized actual cash value list that will cover items' actual cost minus depreciation. Many opt for percentage replacement coverage and then add a "floater" that will cover individual inventoried items. Major items should be inventoried with make, model, original cost, and documentation by picture or video. Items like jewelry and antiques should also have an appraisal. The documentation of these items should be kept in a secure location like a safe deposit box or a fireproof safe. Even if you opt for the general 50% coverage, you should have a list of your most valued possessions in case theft as this may help in tracking the items down (see more in our Home Security article).

Liability coverage protects you, your family, house guests and pets if they should accidentally hurt someone on your property or hurt someone or damage property elsewhere. On average, liability insurance usually covers up to $100,000 per incident. However, with lawyer and medical costs high these days, many homeowners also add an umbrella which allows for greater coverage at reasonable rates. Although most think of medical coverage as part of their liability coverage, it is actually categorized separate from liability because it pays for minor injuries that do not need to prove fault or negligence to be covered. An example would be someone twisting their ankle at your home. Liability is an important coverage that you will want to discuss with your agent.

Finally, there are a few things you may do to ease the cost of homeowners insurance. One way to lower your overall insurance cost is if you know you can take a higher deductible. If you can pay $500-1000 instead of $300 for each instance, this will lower your premium. Some decide to do this as the probability is that they will not claim or use the insurance very often. In addition to this, you may also pay your premium in larger and fewer payments. Another method to lower costs is to itemize your insurance to only the hazards you think most probable to happen. However, this option may not be available if you still owe a mortgage as the mortgage company may want more inclusive coverage. Also, you may check and see if there are any improvements you make to the home that may reduce your premium. Installing a home security system for example. Finally, combining policies with one carrier will also help you get lower premiums. If you combine your home, auto and life insurance policies, many companies will give you a preferred rate. Talk with your agent for further ways you may able to save money but maintain sound coverage on your home.

Conclusion
     There are a lot of options for your homeowner's insurance policy.  When setting up a policy, shop around and talk to different insurance companies to find one that works well with you.  Find out if they have a good reputation with the state insurance commissioner and consumer reports.  Find one that is fast, offers great service and handles claims fairly (you don't want to end up with a company that argues every claim).  Hopefully this overview has helped equip you with a better idea of the coverage you may need for your home.  You should have a better idea what to look for in a policy when you contact an agent to set up your homeowner's insurance.

More Resources

Household Checklist

There are a number of checklists available online; many are available from individual insurance providers. We found the following booklet from the University of Illinois to be the most comprehensive. www.ag.uiuc.edu/%7Evista/abstracts/ahouseinv.html

Household Papers/Records:
Taken from our earlier article about Home Security, here again is a checklist of important papers you should safeguard and how long you should keep them:
- Keep in Safe Deposit Box/Fireproof Safe: Birth certificates, marriage certificates, divorce legal papers, adoption papers, citizenship records, and other documents that are government or court related. A copy of a will, although your attorney will keep the original. Investment and business papers, government bonds, deeds, titles and copyrights to name a few more. General rule is, "Put it in if you can't replace it or if it would be costly or troublesome to replace."
- Taxes: IRS can audit up to 6 years back. However, you can get rid of pay stubs if you have your W2. Cancelled checks you will want to keep if they are related to anything you claimed on your tax return.
- Medical Bills: Keep at least 3 years.
- Household Inventory: You should have a comprehensive list for each room and what of importance is in there. This will help you claim losses in event of burglary or fire. The details of this list should be shared with your insurance carrier to make sure of coverage. It is recommended that you review this list once every 6 months.
- Deposit, ATM, Credit Card and Debit Card Receipts: Save them until the transaction appears on your statement and you've verified that the information is accurate. Then they may be shredded.
- Credit Card Statements: If there are not purchases related to taxes you may shred them once every year. However, if you have larger purchases on the card you may want to keep hold of these older statements. Special Note: Credit Card Agreements should be kept as long as the card is active!
- Loan Agreements: Keep as long as the loan is active.
- Documentation of Stocks, Bonds nd Other Investments: Keep while you own the investment and then 7 years after that.

Useful Links

National Association of Insurance Commissioners
www.naic.org FEMA: Homeowners and Renters www.fema.gov/individual/home.shtm

Fogging of insulated windows.

Our home inspector reported that three windows in our 9 year old house had fogging insulated panes, and he suggested that we contact the builder or manufacturer for warranty information.

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Q Our home inspector reported that three windows in our 9 year old house had fogging insulated panes, and he suggested that we contact the builder or manufacturer for warranty information. We contacted the manufacturer who sent a man out, but he said that only two of the windows were fogged. When we called the inspector, he said that insulated windows will fog only under certain conditions, and that we look at the windows at the same time of day that they were inspected. Is our inspector a bit foggy in the head?

A It has been my experience that insulated window panes, when the seal is broken, will fog only under certain conditions. The two pieces of glass in a double-pane window have an inert gas between them which is held in place by a seal. This thin space of gas is what allows the windows to slow down the transmission of heat or cold. When this seal is compromised, ordinary air is allowed to enter, and moisture may condense on the inside surfaces of the glass. These types of windows are most likely to fog on a winter morning a short time after the sun hits them. The outside of the window has been cold overnight, and the inside has been warm. When the sun hits the cold outer glass, moisture condenses and the foggy appearance occurs. A few hours later, as the temperatures stabilize, the fog may disappear altogether. In this case, the inspector was correct to suggest that the windows be inspected under the same conditions. In the case of your 9 year old house, your windows may still be under warranty. The earlier versions of insulated windows were somewhat prone to failure, but technology has steadily improved, and today’s windows are much more reliable. Warranties have gotten much better as well, so it you have foggy windows, check with the manufacturer to see if you can have them replaced under warranty.

Clean to Green

Spring clean your way to the ultimate garage sale!

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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

Budgeting for the Holidays and Special Events

Big events and holidays can often mean big spending. A little pre-planning can help to ease and avoid financial pain.

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Big events and holidays can often mean big spending. A little pre-planning can help to ease and avoid financial pain. To the left are some worksheets that may be used when planning holiday or big event spending. In the meantime, here are some other tips for not overspending:

Set a Limit - Before any spending spree begins, make sure you know your limit. Set your cap a bit below as last minute expenses may arise. Did you account for mailing the gift? Gift wrap? The unexpected can creep on you before you know it! Also, take a look at how much you have spent in the past. Was it too much? What expenses surprised you? Asking questions like these will help you plan for the holidays and events to come.

Make a Gift List - Instead of hoping for something to catch your eye, keep a list of gift ideas. This way you will know what you are looking for and be able to better preplan the budget. This will also prevent buyers remorse - sometimes that gift that seemed like a great idea when you were in the store may not be so great when you sit down to gift wrap it.

Pay Cash - Credit cards are easy to use but not all of us are good at paying them off as soon as the bill comes. Taking cash helps you stick to your budget. Another alternative is the prepaid credit cards that you load with a limited amount in advance. Many also find these pre-paid credit cards a nice alternative to use for online purchases for extra credit protection.

Shop Early or Late - Depending on how far in advance you like, plan to shop either in advance of the holiday season or post-holiday season with the next year in mind. This will allow you to stick to a budget and not get caught up in last minute buys. It will also relieve a lot of the stress that comes with shopping during the busiest shopping days of the year!

Allow Time for Shipped Gifts - Plan ahead if you are shipping gifts to friends and relatives far away. Waiting until the last minute will mean more expensive postage to get gifts to the door on time.

Take Time to 'Comparison Shop' - Some of us get our list together and then just want to get it over and done with. Be patient, compare store prices and options before you go out to buy. This will help stretch that budget further.

Be Creative - Have fun with your gift ideas. Consider homemade or crafted gifts; however, don't forget the time involved making these items! Or make your own gift baskets - know a lot of chocolate lovers? Instead of buying a pre-made gift set - make your own basket of local chocolates or goodies.

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

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.