Every Fall

SMOKE AND CARBON MONOXIDE DETECTORS:

• Change batteries and check to make sure they are operating properly.
• Also consider installing a carbon monoxide detector if you don’t have any.

CLEAN CARPETING, UPHOLSTERY, DRAPERIES AND AIR DUCTS:  

• Have your carpets, upholstery and draperies cleaned regularly, once every 12 to 18 months, to remove the dirt and grit that can wear them out prematurely.
• Consider having the air ducts in your home cleaned if family members suffer excessively from respiratory infections, asthma or allergies; if there is visible mold growth inside ducts or on other components of your heating and cooling system, the ducts are infested with insects or rodents. Excessive amounts of dust and debris and/or particles are actually released into the home from your supply registers.

DRAIN-WASTE AND VENT SYSTEM:

Flush out system. HEATING:

Forced Warm Air Heating System

Before turning on your unit, make sure nothing flammable has been stored next to the furnace over the summer. Also, change the filters regularly. Be sure all access panels are secure, with all the screws in place. Be sure the thermostat is set in the heating mode. Run your heater for a few minutes to burn off the dust that usually collects on the heat exchanger over the summer (don’t worry, that smell is normal) and to make sure it is in working order before you need it. Arrange for service calls before the start of heating and cooling season to get better attention and have more flexibility when scheduling appointments. Consider hiring a pro to perform a furnace maintenance check-up, including these steps:

1. Inspect thermostat for proper operation.
2. Inspect filter and change or clean as needed.
3. Check all electrical components and controls.
4. Oil motors as needed.
5. Inspect heat exchanger for possible cracks, which would introduce carbon monoxide into the living space.
6. Check airflow. If diminished, it may be necessary to clean the evaporator coil and ductwork.
7. Check air fuel mixture, where appropriate.

Gas Burner 

•  Clean burners and ports, or have them professionally cleaned.

Oil Burner 

•  Have your oil burner professionally serviced; lubricate fan and motor bearings.

Thermostat

•  Clean heat sensor, contact points, and contacts; check accuracy.

Heat Pump

· Schedule an annual service call to have a certified professional to inspect the wiring, check belts and replace if needed, and oil the moving parts. Arrange for service calls before the start of heating and cooling season to get better attention and have more flexibility when scheduling appointments.

Hot Water Heating System

•  For steam heating, check shutoff valve for leaks and drain lower water cut-off per manufacturers’ instructions. Lubricate pump and motor; bleed air from radiators or convectors.
•  Oil-fired Boilers
• Hire a professional for annual maintenance including flue cleaning, a fuel-filter change, cleaning and adjustment of the jets. Arrange for service calls before the start of heating and cooling season to get better attention and have more flexibility when scheduling appointments.

DOORS AND WINDOW WEATHERSTRIPPING:

• Check the weather-stripping around all doors and windows and replace it if necessary to reduce drafts. And the loss of heated air.
•  Make sure the weather-stripping on the door between your garage and home is intact to reduce the risk of carbon monoxide poisoning.

FIREPLACE AND CHIMNEYS:

•  The most important maintenance to do regularly is to have a pro clean your flue liners in order to prevent the build up of creosote.
•  Have your wood burning fireplaces and stoves inspected annually and cleaned and repaired as required to prevent chimney fires, carbon monoxide poisoning and mortar and flashing failure.
•  Water leaks can also cause your mortar to deteriorate prematurely.
•  Consider installing a chimney cap to protect your chimney from water, debris and critters.

STORM WINDOWS AND DOORS:

•  Inspect all windows and doors-replace any cracked or broken glass, tighten or repair any loose or damaged frames and repaint if necessary; replace broken, worn or missing hardware; tighten and lubricate door hinges and closers; check for broken or missing glazing.
•  Consider installing a chimney cap to protect your chimney from water, debris and critters.

GARAGE DOORS:

•  Clean and lubricate hinges, rollers, and tracks; tighten screws.
•  If serious repair is required, consider replacing.

PEST CONTROL:

•  Remember, insects and other critters would naturally prefer to come indoors out of the rain and cold, if possible, as winter sets in.
•  Make sure all vents and other openings are covered and spray for insects along perimeter of house. ·

WATER HEATER:

•  Every six months you should turn off the power source and drain it completely until it is clear of sediment.
•  Also inspect flue assembly (gas heater); check for leaks and corrosion.

EXTERIOR CAULKING:

•  Inspect caulking around exterior doors and windows, replace if necessary.

BASEMENT AND FOUNDATION:

•  Check grading for proper slope away from foundation wall.
•  Inspect for cracks and moisture repair if needed.

DECKS AND OTHER EXTERIOR WOOD:

•  Inspect exterior wood for cracks, splintering, decay, and insect damage; treat and repair as needed.
•  Keep decks clean, removing wet leaves and debris that can cause staining or encourage wood decay, mold and mildew growth.
•  Having your deck professionally cleaned and sealed can add years to its life.
•  Repair hinges and latches on your gates.

GUTTERS AND DOWNSPOUTS:

•   Clear/install/repair gutters and downspouts and make sure the runoff is directed away from your home so it can not 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: 

• Cut back any trees or shrubs that are touching the exterior. 
•  Check with a local gardening service or your county extension agent for information about appropriate measures in your area for fertilizing, thatching, aerating and reseeding lawn and controlling disease and insects in all your landscaping

PIPES: 

• Check your pipes for rust or white lime deposits that may indicate a leak is starting, replace if necessary. 
• Check for leaking around the outside hose bibs.
•  Install insulation around outdoor water pipes to protect from freezing.

ROOF: 

• Check 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, consider contacting a roofing specialist to give you a bid on a roof replacement. · Do NOT cover air vents or turbines.

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.

o Brick and stone: check joints between wood and masonry. Waterproof or repaint if necessary.
o Wood: look for lifting or peeling paint, splitting wood or areas where the wood grain is separating. This is evidence that water is getting into the siding.
o Stucco: a chalky residue that rubs off on your hand is evidence of oxidation, a deterioration of paint or color coat that reduces stuccos’ insulating value. If the stucco is cracked, this allows water to get in around windows and doors.
o Trim: look for peeling paint on the fascia boards, windowsills and sashes that could allow water in to form mildew and fungus on the interior of your home behind curtains, blinds and window coverings.

This concludes our 8 part series on Preventive Maintenance Tips. I hope that you have enjoyed this series and that these tips will make for a more enjoyable home. Join us next time on “Hiring A Contractor.” Visit us at www.freminshomeimprovement.com

Perhaps it wasn't the wind that slammed the door shut or there really is no one to match the footsteps down the hall? Or maybe it is a great marketing ploy for bed and breakfast inns and historical societies? Or maybe people are comforted or enjoy the idea of hauntings? Okay, so not all of us believe in ghosts, but the stories and histories behind many haunted homes can be just as unique as their "spiritual" residents. For a little fun and change of pace, we have compiled a short list of famous haunted homes and buildings in America. Dim the lights, sit back and enjoy a little Halloween-flavored fun and learn a little history too!

*Many haunted houses seem to get their start from murder or untimely death. Although we have not gone into graphic details here, please note that if you follow any of the links to the right, some of these sites do go into much more (sometimes gruesome) detail!

Alcatraz Island - San Francisco Bay, CA

The History: Not a house per se, but people "lived" there right? Anyway, Alcatraz started as a military fort in 1850. It was used as a military prison and then a federal prison after 1934. In 1963 the prison was closed due to the cost of operations. As a prison, Alcatraz had a reputation of being a hard place to live in which prisoners were there to be shut away rather than rehabilitated. Punishments could be harsh such as restricted diet, solitary confinement, and hard labor. There were the now infamous solitary cells like the "strip cell" and the "hole" that even made the most hardened prisoners think twice about breaking any rules.

The Haunting: This place was creating ghost stories before being shut down. Guards retell odd tales of ghosts attacking inmates or making noises. Today, there are still many haunting "hot spots" on the island. There is the utility corridor where three escapees were gunned down; this doorway is now welded shut but many say there is the sound of clanging against the door; perhaps something wants out... There are also reports of running in the corridors, voices in the cells and medical ward and screams from the dungeons and isolation units.

How to see it: Tours are available of the island and complex. Depending on the time of year, you may have to use different ferry system to the island. 

Driskill Hotel - Austin, TX

The History: Jesse Lincoln Driskill opened this hotel in 1886. The hotel was grand and luxurious, funded by his success as a cattle baron. In 1888, the family lost its fortune due to drought and a cold winter that killed most of the cattle. The hotel then changed from owner to owner with the most recent change of hands in 1995.

The Haunting: Driskill is claimed to still wander the hotel, puffing cigar smoke and turning lights on and off. There is the ghost of a small girl, daughter of a Senator who was left unattended and fell to her death while playing with her ball - she can still be heard bouncing the ball today.

How to see it: The hotel is open to guest today and offers all kinds of luxury and pampering. 

The History: Hannes Tiedemann built the house in 1865. Unfortunately, they lost four children in a short amount of time leading to some speculation of unnatural deaths. The house architecture aids in the mystery of the house as there are secret passageways and hidden rooms throughout. There are also rumors of Tiedemann having affairs that lead to jealousy and ultimately, to murder. One of the most tragic tales is that of Tiedemann hanging his niece to put her out of misery from her insanity or to punish her for her promiscuity.

The Haunting: Past residents have heard a small child crying and heard footsteps out in the corridor. There is also claim that the tower room where the "woman in black" can be heard choking. Lights also swing around and some objects have been moved or thrown.

How to see it: Today the mansion houses a private club restricted to members and their guests. It was rumored at one time they would eventually start tours to the building, however, nothing is posted on their website about this yet.

Heceta House - Yachats, OR

The History: This house accompanies a lighthouse on the Oregon coast built in 1894. Many families occupied the house complex over time which included a post office, school and the light house. But it is only the keeper's house that has tales of hauntings. Many believe this is the mother of child who fell off the cliffs back at the turn of the century.

The Haunting: The ghost named Rue is said to be an extra caretaker of the house. She makes it known if she is displeased with any activity in the house. One of the more humorous accounts was of her screaming in the middle of a card game, she didn't want them playing cards in her house!

How to see it: This house is now a bed and breakfast. It also has guided tours from its interpretive center. Although the current owners don't play up and advertise the ghost they have said guests have told them of strange encounters. 

Hickory Hill House - Equality, IL

The History: This house was built in 1842 by John Crenshaw. Although it was illegal to own slaves in the state of Illinois, it was legal to lease slaves from slave states to work in salt mines. John Crenshaw leased slaves from nearby states to work in his salt mines. It is also said that he would kidnap free blacks and force them to work in his mines and eventually sell them into slavery. All the slaves where kept in the upstairs attic in horse stall-like cells that opened to one large corridor. John Crenshaw had a particularly nasty reputation for cruelty and abuse.

The Haunting: The house opened as a tourist attraction in 1930 and many claimed to hear the rattling of chains and muffled cries from the attic. The home had the reputation that no one could spend the night. In 1978, a reporter named David Rogers was the first to spend a whole night in the house.

How to see it: Currently the house is protected by the Illinois Historic Preservation Agency and closed to the public. A grant was received in late spring 2006, hopefully it will be able to reopen soon!

Lemp Mansion - St. Louis, MO

The History: This house was purchased by William Lemp around 1864 to use as a residence and office for the family brewery. William's father had used a family recipe/method to create a lager beer. This beer quickly became popular and William's father abandoned his grocery store to become a full time brewer. The beer continued to be made by the family until 1922 when family mishap and prohibition forced them to shut down and sell for good. The mansion itself has a sorrowful history with one brother dying under mysterious circumstances and three other men of the family committing suicide inside.

The Haunting: With three suicides one can easily guess where the idea of ghosts haunting the mansion started. However, the families odd history of tales also leads to the idea of more ghosts. There is the rumor that William Lemp had an illegitimate son with down syndrome who was kept hidden in mansion attic his whole life. He is now said to be seen haunting the mansion and has the nickname "Monkey Face Boy." Tales of haunting first started after 1949 when the mansion was sold and turned into a boarding house. Strange knocking and footsteps throughout the mansion scared the tenants away so the house started to run into disrepair. In 1975, the mansion was saved and renovated and turned into a restaurant and inn. All types of sights and sounds have continued and are still reported today.

How to see it: Spend the night! Or take a tour if you're too scared... The mansion is a bed and breakfast that offers tours and a restaurant to those who don't want to spend the night. They also host a Halloween Party and Murder Mystery Dinner Theater. 

Lizzy Borden House - Fall River, MA

The History: As with so many haunted homes, this story begins with a murder. On the morning of August 4, 1892, Andrew and Abby Borden were murdered by ax in their home. Their eldest daughter, Lizzy was tried and latter acquitted of the murders. However, she was ostracized from the community for the rest of her life. Some consider that she had a split personality, even those close to here recall erratic and violent behavior. And of course there was the creation of the rhyme: Lizzie Borden took an ax Gave her mother forty whacks; When she saw what she had done Gave her father forty-one!

The Haunting: There is a strange woman who tucks guests into bed and perhaps the same woman can be heard weeping in the night. Objects move on their own and electrical equipment such as lights and cameras have some interference. Many claim the most active room is Lizzy's old bedroom - which you can stay in if you want...

How to see it: The home is now a bed and breakfast. You may spend the night, take a tour or even spend a weekend at Ghost Hunter University! To find out more,click here.

Myrtles Plantation - St. Francisville, LA

The History: This home was built by David Bradford in 1794 but stories of hauntings did not start until the 1950's. The house had a long history with many different owners. There is only one recorded murder of William Winter in 1871. However, there are many tales that are told about the home to justify the hauntings. Most of these seem to be fabricated tales, but many say that is just because the house is so haunted, people needed to make up some kind of explanation.

The Haunting: Among the haunting activity is the ghost of a woman in a green turban who some believe to be the ghost of a slave killed for poisoning the head mistress and her two daughters. Others claim that there is a woman but she is not a young slave but an older, unknown woman. There is also a little girl who has appeared as well as a frustrated piano player who continuously practices the same cord over and over on the old piano.

How to see it: You can dine in the restaurant, take a tour or spend the night. The choice is up to you. 

Villisca Ax Murder House - Villisca, IA

The History: On June 10, 1912, the Moore family and two overnight guests were brutally murdered. The ax murder of two adults and six children horrified the community and its story still horrifies people today. Regardless of the unprecedented effort of police, detectives and neighboring departments at the time, the case remains unsolved to this day.

The Haunting: The most common account seems to be of children's voices in the house. Things will also move unexpectedly and lamps won't stay lit regardless that there is no breeze in the home.

How to see it: Tours of the home are available through the Olson Linn Museum. They also offer night tours, but these must be arranged in advance.

Waverly Hills Sanitarium - Louisville, KY

The History: Okay, not a house, but since it has such a grand reputation of being haunted, we thought to include it. Waverly Hills opened as a hospital for tuberculosis patients in 1926. Tuberculosis was a dreaded killer of the time and most of the patients who entered would die there. It is estimated that at the height of the epidemic a patient died every hour. This large complex had a long tunnel nicknamed the "body chute" where the bodies were transferred to a train at the bottom of the hill. It was covered so patients would not be disheartened by seeing the number of dead being removed from the hospital. Because Tuberculosis was not well understood, there were many experiments that occurred, some were beneficial and some were more brutal leading to tales of mistreatment and abuse. In 1982, the hospital was shut down under allegations of abuse.

The Haunting: The tales of hauntings started after the hospital was shut down and allowed into disrepair. Transients, vandals and kids would break in. Stories began to spread of small children playing in the halls, lights going on when there was not power, doors being slammed, voices crying out, and various other ghoulish activities. One specific spot, room 502, is on the floor where the mentally ill tuberculosis patients were housed. This room was the nurses station where two nurses committed suicide on separate occasions for reasons unknown.

How to see it: There are tours run by the Waverly Hills Historical Society. Tours must be arranged as this is a private site and trespassers will be prosecuted. Overnight tours can also be arranged in advance.

Whaley House - San Diego, CA

The History: This house was a home, granary, court house, theater, ballroom, billiard, school and polling center. It was also the site where criminals were hanged before the house was built. Once built, it also had the tragic history of one of the Whaley girls committing suicide inside.

The Haunting: There are many ghosts in the Whaley House. There is "Yankee Jim" who was one of the criminals hanged at the site. He now stomps around the house with a heavy step and even the first family, the Whaley's, reported hearing him in the house. Thomas Whaley, the first owner of the house has been seen lingering around the upper landing. Thomas' wife, Anna, also wanders the downstairs and the garden. There are a few other apparitions and even a little fox terrier ghost dog that is seen on occasion!

How to see it: This house is now a museum and is open for tours on most days. Their website has more details about times and price;

White House - Washington D.C.

The History: The White House became the home to our presidents in 1800 with President John Adams being the first resident. There have been many presidents and first ladies in the home and some have decided not to leave...

The Haunting: President Abraham Lincoln is the most popular ghost with the most sightings. The first to see him was First Lady, Grace Coolidge. He has also been spotted by guards and guests. Other presidents that like to make an appearance are President Benjamin Harrison, President Andrew Johnson, President John Tyler and President Andrew Jackson. First Ladies that have made appearances include Abigail Adams and Dorothea Madison. There is also the apparition of a black cat which has been said to be seen before national tragedies such as the stock market crash of 1929 and before the assassination of President Kennedy in 1963.

How to see it: Of course you can still visit the White House today.  Winchester Mystery House - San Jose, CA

The History: Sarah Winchester, daughter-in-law of Oliver Winchester, manufacturer of the Winchester rifle, began the construction of this house in 1884 and kept the project going until her death 38 years later. The legend says she constructed the house continuously to confuse the bad spirits of those killed by the Winchester rifle. In the end it had 160 rooms, 47 fireplaces and various oddities such as doors leading to a sudden outside drop or staircases leading to the ceiling.

The Haunting: Some of the ghosts are said to have been invited by Sarah Winchester as she is said to have held a séance with them every night to determine the construction for the next day. Reports of footsteps, doors closing and opening, cold spots, and other paranormal behavior have been reported. However, some skeptics in the ghost hunting world believe the mansion is more of an oddity than a true haunting ground. Guess you'll just have to go to find out for yourself!

How to see it: The mansion is open to tours today. You can select a standard tour and see 110 rooms and their various oddities and details or you can also do a behind the scenes tour to see how the house functioned. 

As of December 2007, bankruptcy filings are up 28% from last year and are expected to increase in 2008 due to the combined factors of high household debt and rising mortgage costs. American Bankruptcy Institute

This is the article that no one hopes to need and we would prefer not to write. The word 'bankruptcy' is weighed down by such doomsday words as failure, defeat, impoverishment...well, you're getting the depressing idea. However, it is not 'the end of the world' to declare bankruptcy. Instead of running away from this topic, it is time to demystify bankruptcy with a little 'Bankruptcy 101.'

What is bankruptcy?

For most people, bankruptcy is a way to get a fresh start after acquiring too much debt. Most individuals who file for bankruptcy will file under Chapter 7 or Chapter 13. Depending on which is filed, one may get most of their debt erased or work out a workable solution with lenders to pay off existing debt.

Are bankruptcy laws determined by Federal or State government?

Bankruptcy laws are made by the Federal government. States can pass laws that protect the "lender and debtor relationship" but they cannot regulate how a bankruptcy is processed or if it is to be granted.

Can all debts be erased?

No. Whichever type of bankruptcy is filed, there are certain debts that cannot be erased at all. These include alimony, child support, most student loans and legal judgments against fraud or criminal negligence such as a drunk driving accident. Some taxes may be erased, but not all. In fact, taxes have their own set of bankruptcy rules.

Do I need a lawyer?

When filing for bankruptcy it is important to find a bankruptcy lawyer who can help you navigate the process. Bankruptcy lawyers specialize in this area of law and are familiar with the distinct differences and effects of the process; they can be your greatest ally in a tough, seemingly bureaucratic system.

How long will bankruptcy effect my credit?

Bankruptcy will stay on your credit report for 10 years. There are ways to improve your credit rating and make yourself more appealing to lenders. For more information on this, check out this useful website: www.lifeafterbankruptcy.com. It is not an easy road back and those filing for bankruptcy should have a realistic expectation to work hard at their future spending practices.

Do I have to do debt counseling?

Yes. Under the new bankruptcy act passed in October 2005, it is now required that all persons applying for bankruptcy meet with a government qualified debt counselor first. After one has successfully filed for bankruptcy, the debtor must again meet with a counselor before the bankruptcy file will be closed.

What is Chapter 7 bankruptcy? (In a nutshell)

Chapter 7 bankruptcy is also known as a "liquidation of debt." A person can file for Chapter 7 every 8 years. This usually involves the liquidation of property to pay back debts. An appointed trustee sells all secured, non-exempt property for the debtor and distributes money raised among the lenders. Unsecured debts, such as credit card bills and most medical bills can be erased. This may mean the loss of secure debts such as a home. However, most states do have protections for debtors in place to insure they may keep life necessities such as clothing and some furniture. Retirement funds such as IRA's are also protected and debtors may keep these as well. After the changes to bankruptcy law in October 2005, many debtors may not get approved for Chapter 7 and be required instead to apply for Chapter 13. In short, if you still have an income and make more than the median for a household of your size in your state you may have to file for Chapter 13. To find out if you should be filing for Chapter 7 or Chapter 13, you can use a mean calculator like the one at legalconsumer.com. Again, this is where consulting a lawyer becomes very important.

What is Chapter 13 bankruptcy? (In a nutshell)

Chapter 13 bankruptcy is also known as a "reorganization of debt" or the "wage earners' plan." One can file for Chapter 13 more often as long as any previous filings are already closed. This is the bankruptcy for those trying to a find a way to get out of debt but still expect to pay off some of their debt. Generally speaking, if you still have a source of income and could make payments, just not the high ones you have now, you can be restructured into a debt payment plan under Chapter 13. This is the most likely to be used to try to stop a mortgage foreclosure. In this scenario, you can keep the house, car and more than you could under Chapter 7. There are limits to the amount of debt that can be restructured. If one is above those limits they would file under Chapter 11, however, the average American Joe/Jane is not in this category.

More Resources
US Department of Justice - US Trustee Program
www.usdoj.gov/ust/
A complete listing of approved credit counseling agencies is available through links on this Web page. [Listed by state.] www.usdoj.gov/ust/eo/bapcpa/ccde/cc_approved.htm
A complete listing of approved providers of financial management instructional courses is available through links on this Web page. [Listed by state.] www.usdoj.gov/ust/eo/bapcpa/ccde/de_approved.htm

American Bankruptcy Institute
www.abiworld.org
The American Bankruptcy Institute is the largest multi-disciplinary, non-partisan organization dedicated to research and education on matters related to insolvency. ABI was founded in 1982 to provide Congress and the public with unbiased analysis of bankruptcy issues.

Bankruptcy Abuse Prevention and Consumer Protection Act of 2005
www.govtrack.us/congress/bill.xpd?bill=s109-256

Bankruptcy Action
www.bankruptcyaction.com
The objective of this website is to provide the person, thinking about filing bankruptcy, the information he or she needs to make an informed decision.

Lawyers Listings
www.lawyerslistings.com/about.shtm
Our mission is to present to the Internet community an easy-to-use site in which to search for law firms and individual lawyers.

Life After Bankruptcy
www.lifeafterbankruptcy.com
On this website you'll discover everything I did to recover so quickly...and many other bankruptcy recovery and credit repair strategies you'll find nowhere else.

NOLO Bankruptcy Library
www.nolo.com
Nolo is your legal companion, empowering you and saving you money whenever the law touches your work, life or finances.

US Courts - Bankruptcy Basics
www.uscourts.gov/bankruptcycourts/bankruptcybasics.html 
Bankruptcy Basics provides basic information to debtors, creditors, court personnel, the media, and the general public on different aspects of the federal bankruptcy laws.

What can you do to prevent Bankruptcy?

1. Continue to take care of essential bills first: mortgage/rent, taxes, child support, and utility bills.
2. Eliminate frivolous expenditures. No more department store credit cards, cable TV, magazine and newspaper subscriptions, etc. Be honest about what you can live without with for a while. 
3. If you own your home, consider a home equity loan to get rid of high rate debts such as credit cards.
4. Watch your credit report. Close unused accounts, check for errors and resolve any questions with lenders immediately.
5. Know the warning signs: -Are you using credit cards to pay off bills or credit cards? -Are you borrowing against unprotected debt? i.e. Are you borrowing from a credit card to pay the mortgage? When you see you are bouncing debt around and not making any headway, it is a good time to look at credit counseling.
6. Warning about credit counseling: If you choose to do debt consolidation recognize that it will effect your credit score. Also, make sure you understand how the payments will work and if you can really make the payment - sometimes they are set too high!
7. Avoid aggressive lenders. If you begin to get offers for loans that sound too good to be true - they are! There has been a big push to penalize aggressive lenders who only help people acquire more debt. However, they are still out there and you should be a careful shopper of any loans you take.

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.

Experience is sometimes an unforgiving instructor. At Homecheck we learned devastation caused by flood waters first hand when Cedar Rapids, IA was hit by a massive flood this past June (6/13/2008). Homecheck is parented by the company enlighten technologies™ which includes many other businesses in our family such as Lawchek®, LawyersListings, and HouseList, to name a few. Our headquarters on 1st Avenue in downtown Cedar Rapids was inundated with water after the Cedar River crested at 31.1 feet (19.1 feet over flood stage) to overtake 1,300 blocks of the city.* The first floor was completely lost and the second as well when water reached 4 feet on the upper level. A slow road to recovery, we have learned first hand the destructive power of flood waters. Reflecting on this experience and the items we have learned, we determined to write an article this month about what to do if a flood hits your home or business. We hope many of our readers never have to use the practical advice in this article.

*Specifics taken from articles: http://www.usatoday.com/weather/floods/2008-06-15-cedar-rapids-cleanup_N.htm; http://www.nytimes.com/2008/06/13/us/13flood.html?fta=y; http://en.wikipedia.org/wiki/2005_levee_failures_in_Greater_New_Orleans **Weather data: http://ia.water.usgs.gov/flood/flood.html

Before the Flood
It is not always possible to know when a flood will happen. It may be caused by an inundation of rain fall. Cities in Iowa were affected in this way when the Cedar and Iowa Rivers swelled with over 10 inches of rain in only one week.** This can then be compounded when man-made structures give way. This was seen in New Orleans when 50 levees broke during Hurricane Katrina.* So what can you do to protect your business or home before a flood happens?

• Find out about the land your structure is on. Does it sit on a flood plain? What is the threat level? Geologists or your county planning department will list these areas by the probability of a flood. For instance, Cedar Rapids has areas designated as 100 or 500 year flood plains. The flood in June was a 500 year flood. FEMA Offers flood maps detailing current flood risk. Simply type in your address and you can look at it online. You also have the option to buy a map, but as long as you are looking online, the service is free. http://msc.fema.gov/webapp/wcs/stores/servlet/FemaWelcomeView?storeId=10001&catalogId=10001&langId=-1

• Now that you know where your home or business stands, what kind of insurance is available? Talk to your insurance agent first. If you want to now more about insurance options, especially in higher risk areas, also check out the National Flood Insurance Program at www.floodsmart.gov/floodsmart/.

• Whether a household or a business, you should have an evacuation plan in place. Let family members and employees know what evacuation route to take if water is rising swiftly and an evacuation is ordered. For households you should include a place for everyone to meet whether it is a local shelter or a relative’s/friend’s house. Also, families should have an out of state contact that everyone may call to locate each other in case they are separated.

• Create an emergency kit to be ready at any time. Depending on the needs (home or business) some items to consider are:

• Clean water (enough for at least 3 days for every person and animal – generally 5 gallons per person)
• Nonperishable food for 3 days (don’t forget a can opener!)
• Suitcase with an extra pair of clothes and extra blankets or sleeping bags
• Baby Kit - Baby food, diapers and other supplies
• Pet food, leashes, vaccination info for your pet – you may have to leave your pet at a local pet shelter if you are evacuated as emergency shelters do not allow pets 
• First Aid Kit – try to include some extra prescription medications (not expired!) or details about any prescriptions so you can refill them if lost in the flood
• Personal Hygiene Kit – sanitary wipes or gel, soap, toothpaste, feminine supplies, deodorant, etc.
• Flashlights, radio or small TV, and batteries – you may also consider crank flashlights and radios
• Some items to have on hand particular to a flood threat: insect repellent, rubber boots and gloves, and thick shoes

• Back up your documents! If you are evacuated due to a flood there are certain documents you will need for claims and getting back on your feet. Keep a copy of these documents with your emergency kit, at a safe location other than your home or both. At the very least these documents should include: insurance information, social security number, and medical records including any active prescriptions. It would also be a good idea to make a list of emergency contact information including family and friends as well as local and state numbers you may need.

• Prepare your business or home to resist flood damage. Suggestions include: install sump pumps with a back-up source of power, install backflow valves or plugs to prevent sewage entering the home, and make sure any fuel or propane tanks are securely and properly installed.

During the Flood

• Once a flood watch or warning is given call local authorities and let them know of anyone who may have special needs and cannot leave the flood area easily. It is extremely helpful for authorities to know who needs help evacuating if an evacuation becomes necessary. Ideally, have a friend or family member who will try to get this person out first if it is still safe to do so. This way there is less chance of separation.

• Get your emergency kit and keep it at hand in case of an evacuation. If you have some prep time before, fill up the gas tank to make sure you can go at a moments notice. If an evacuation is ordered there may be heavy traffic and you may need to go some distance to a shelter.

• Secure any items outside that might become hazards in water such as garbage cans, lawn furniture, grills, etc.

• If an evacuation is imminent: turn off the power and gas. If an evacuation is ordered, evacuate immediately. Use the route the authorities have given and make certain not to drive through flooded roads.

• If you are not ordered to evacuate, stay home and listen to any future announcements. Unless helping a family member or friend for a specific purpose, stay off the roads and out of the way of emergency crews. Going to watch is not helpful and can be potentially very dangerous.

After the Flood

• First you will want to contact your insurance company. Even if you are not covered for a flood, you will need to contact your agent. This is why it is important to keep documentation with your emergency kit. You need to know your company, agent (if applicable) and your policy number. In the case of evacuation, make certain to specify the address and phone of where you can be reached now. This may also be a friend or relative who can act as a point of contact if you are not immediately near a dedicated phone. They will set up an appointment to meet with you and discuss your losses.If they do not get back in a few days be persistent and call again, just keep in mind they may be overwhelmed with claims.

• Work with authorities about your return. Although this part can be extremely frustrating, in the case of major floods they will want to assess the safety of your return before you may enter any neighborhood or structure. Choose representatives, as in the case of Cedar Rapids the first look at the property was restricted to 1-3 people depending on location. The authorities may have also set up a grade system for the status of your structure. In Cedar Rapids there were green, yellow and red signs letting owners know whether a structure was safe to enter, enter only with caution or too dangerous and deemed a total loss.

• Once it has been deemed safe by the authorities for you to return, start the process of sorting your property. Do not throw out all items as you will need your insurance agent to see these. However, if the items are considered too toxic to keep around, get pictures and samples of the items before disposing of them. Make sure to take all precautions necessary before entering a flood damaged building! Click here for more details.

• Take many pictures of the inside and outside of your structure before cleanup. Photograph any standing water, items that have to be disposed of immediately and general survey pictures of each room. Also, take pictures of the items that will have to torn out such as the walls, floors, etc.

• Make a list of all damaged and lost items. This will help when you work with your insurance agent to process your claim. With your agent you will make a Proof of Loss. This statement is your testimony to the damages suffered. It should be filed within 60 days unless circumstances have allotted more time. Once this is filed with your insurance company your claim will be processed, however, it may take some time if the area was hit especially hard.

After the Flood: Home and Family Recovery – Working with FEMA

• FEMA stands for the Federal Emergency Management Agency. As they state on their website they define their type of disaster assistance as “money or direct assistance to individuals, families and businesses in an area whose property has been damaged or destroyed and whose losses are not covered by insurance. It is meant to help you with critical expenses that cannot be covered in other ways. This assistance is not intended to restore your damaged property to its condition before the disaster.” In essence they are there to help those who could not or did not get flood insurance.

• Items FEMA will cover are: temporary housing in the instance of evacuation or unlivable conditions, repair for what the insurance company will not cover (this is just until the home is safe, not necessarily with the same materials as before), and permanent housing construction. This last is only available to those who cannot get flood insurance at all due to location.

• FEMA can help with recovery costs that are not directly related to the home. These additional expenses can only be claimed if you live in a disaster area as designated by the President, you have already filed with your insurance company and find you are not covered, and you have serious needs directly related to the disaster. Some of these costs listed on the FEMA website include:

• Disaster-related medical and dental costs.
• Disaster-related funeral and burial cost.
• Clothing; household items (room furnishings, appliances); tools (specialized or protective clothing and equipment) required for your job; necessary educational materials (computers, school books, supplies).
• Fuels for primary heat source (heating oil, gas).
• Clean-up items (wet/dry vacuum, dehumidifier).
• Disaster damaged vehicle.
• Moving and storage expenses related to the disaster (moving and storing property to avoid additional disaster damage while disaster-related repairs are being made to the home).
• Other necessary expenses or serious needs as determined by FEMA.
• Other expenses that are authorized by law. http://www.fema.gov/assistance/process/assistance.shtm

• You can reach FEMA by calling 1-800-621-FEMA (3362) or TTY 1-800-462-7585

• When making any claim, you should have the following at hand: your social security number, current and damaged address, current phone contact, insurance information, household annual income, routing number to your bank to receive funds, and a detailed description of the losses.

• You may be referred by FEMA to SBA which offers low-interest disaster loans. “Homeowners may borrow up to $200,000 for disaster related home repairs. Homeowners and renters may borrow up to $40,000 to replace disaster-damaged personal property including vehicles.” However, you can not receive duplicated aid already received from FEMA.

• To find currently approved disaster areas you can go online: http://www.fema.gov/news/disasters.fema

After the Flood: Business Recovery – Working with SBA

• SBA stands for the Small Business Administration which has a specific branch for disasters the Office of Disaster Assistance (ODA) that offers federal low-interest, long term loans for “homeowners, renters and non-farm businesses.” An Economic Injury Disaster Loan (EIDL) is available to small businesses specifically geared towards helping with day to day expenses so a business may continue to operate.

• SBA can release disaster loans if one or more of the following conditions are met: Presidential Disaster Declaration, • • Agency Physical Disaster Declaration (based on a minimum amount lost), Governor Certification Declaration, Secretary of Agriculture Declaration, Secretary of Commerce Declaration, or Military Reservist Economic Injury Disaster Loan (for businesses that lose key personnel who are called to active duty).

• For Physical Disaster Loans which help replace an uninsured or under-insured property, an inspection team from SBA’s ODA will review the site and claims.

• Applicants do have to show some reasonable ability to pay back the loans. However, since they are low-interest and can be as long as 30 years, they are easier to qualify for than standard loans.

• Especially with real estate, the SBA’s ODA will continue contact with the borrower to make certain construction is on schedule and funds are being used appropriately.

• You can reach SBA by calling 1-800-659-2955 8am-9pm EDT. Or email them at disastercustomerservice@sba.gov.

More Information

FEMA and the American Red Cross have made a pamphlet entitled Repairing Your Flooded Home which is available as a PDF. A great resource, page 55 has a very useful emergency contact list as well.

• Click here for Repairing Your Flooded Home by FEMA and the American Red Cross (PDF)

Additional pointers from Homecheck:

• Cleaning Up after a Flood (HTML)
• Battling Mold after a Flood (HTML)

Some Ways to Help Our Neighbors

Downtown Cedar Rapids, Iowa on Sunday, June 15, 2008 after the waters have started to recede.

Aidmatrix Network - Iowa
The Safeguard Iowa Partnership and the Iowa Disaster Human Resource Council have partnered to provide the Aidmatrix Network, an easy way to make monetary and product donations to the nonprofit organizations that are assisting in the response and recovery efforts following recent disaster events in Iowa.

Cedar Rapids Czech & Slovak Museum
www.ncsml.org
The National Czech & Slovak Museum & Library staff and board continue to work through the challenges of flood recovery. Our five museum buildings are cleaned out and secure. Visitors from across the country have been calling to plan summer visits. Some have already made their way here and are shocked and dismayed to find a sight they never expected - boarded up buildings, sandbars in the garden, and piles of debris. We are assuring them we will survive and be back in business, but it will take time. To us it's surprising there's still a world out there that doesn't know about the flood!

Cedar Rapids Public Library
Our public library lost all of the first floor which included books and magazines for adults.The children's book section was mostly recovered. They are currently looking for temporary space: "07 July 2008 - Librarians are compiling a list of books and other materials that the CRPL’s book distributor will hold until the library has a place to put them. The books will arrive pre-processed, which means that staff will be able to shelve them immediately, saving an enormous amount of time. Once the list is compiled, individuals will have an opportunity to select a book from the list to donate. “Many of our patrons and supporters have been asking what they can do. This will be a way to help rebuild our library,” says Glise. “By fall, we hope to have a wish list available.”

Corridor Recovery
Corridor Recovery is a not-for-profit partnership between government, civic, business and faith-based organizations, created to respond to the Flood of 2008. As the flood waters peaked, Corridor Recovery quickly became the primary resource for materials and information for Linn County and Cedar Rapids. We provide resources for local governments and agencies to distribute flood-recovery information to the public in a critical time of need, and to coordinate volunteer efforts in the clean-up and recovery process.

Greater Cedar Rapids Community Foundation
www.gcrcf.org
The Greater Cedar Rapids Community Foundation opened the Flood 2008 Fund on June 15. The Flood 2008 Fund is for flood relief and recovery donations. One-hundred percent of financial donations to the fund will support response, recovery and rebuilding efforts throughout the Cedar Rapids-metro and surrounding communities. The first priority will be to work with local nonprofit organizations to support individuals and families affected by the floods. The GCRCF is committed to helping individuals, families and the nonprofit community recover and rebuild from the catastrophic flood.

Embrace Iowa 2008 Disaster Fund
Embrace Iowa is a program of statewide outreach by the Des Moines Register. Since it already has an established logo, identity, and donation tracking mechanism, the Iowa Disaster Collaborative is using the Embrace Iowa website as one way for donors to make a donation and learn more about the 2008 Iowa Disaster Fund.

Iowa Commission on Volunteer Service
If you are interested in helping in a particular area of the state, please use this section of our Web site to get in touch with local officials, who are collecting a list of where and when volunteers are most needed.

University of Iowa Foundation
For those wishing to support the University as it struggles to recover from flood-related damage not covered by insurance or other resources, we encourage contributions to the UI Flood Relief Fund.

Sources for this article which include even more detailed information:

Center for Disease Control
CDC.gov (www.cdc.gov) is your online source for credible health information and is the official Web site of the Centers for Disease Control and Prevention (CDC). CDC is committed to achieving true improvements in people’s health. CDC applies research and findings to improve people’s daily lives and responds to health emergencies—something that distinguishes CDC from its peer agencies. Working with states and other partners, CDC provides a system of health surveillance to monitor and prevent disease outbreaks (including bioterrorism), implement disease prevention strategies, and maintain national health statistics. CDC also guards against international disease transmission, with personnel stationed in more than 25 foreign countries

FEMA – Federal Emergency Management Agency
http://www.fema.gov/
FEMA has more than 2,600 full time employees. They work at FEMA headquarters in Washington D.C., at regional and area offices across the country, the Mount Weather Emergency Operations Center, and the National Emergency Training Center in Emmitsburg, Maryland. FEMA also has nearly 4,000 standby disaster assistance employees who are available for deployment after disasters. Often FEMA works in partnership with other organizations that are part of the nation's emergency management system. These partners include state and local emergency management agencies, 27 federal agencies and the American Red Cross.

National Flood Insurance Program
http://www.floodsmart.gov/
Congress established the National Flood Insurance Program (NFIP) to address both the need for flood insurance and the need to lessen the devastating consequences of flooding. The goals of the program are twofold: to protect communities from potential flood damage through floodplain management, and to provide people with flood insurance.

SBA – Small Business Administration 
http://www.sba.gov/
The U.S. Small Business Administration (SBA) was created in 1953 as an independent agency of the federal government to aid, counsel, assist and protect the interests of small business concerns, to preserve free competitive enterprise and to maintain and strengthen the overall economy of our nation. We recognize that small business is critical to our economic recovery and strength, to building America's future, and to helping the United States compete in today's global marketplace.

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.