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.

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

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.

Got Attic Mold? How to Diagnose Common Sources.
By Mark D. Tyrol, P.E./Battic Door Energy Conservation Products

It happens to countless homeowners around the end of the year – you make the annual visit to your attic to collect the holiday decorations and what do you find? Spots and blotches covering the bottom of the roof sheathing. Worse yet – it turns out to be attic mold! What does energy conservation have to do with mold in the attic? Well if you take a step back and consider how the house behaves as system, they are often directly related. Building science experts have long been using the “house as a system” approach to diagnose the cause and origin of building defects. For example, ice dams. These are often caused by warm air seeping into the attic which causes the snow and ice on the roof to melt. The water drains to the edge of the roof (which is colder than the rest of the roof because it is an overhang and not warmed by the attic), freezes and creates an ice dam. As this process is repeated daily, the ice dam grows larger. Eventually water is forced under a shingle where it can seep into the house. Understanding how the house behaves as a system and the various causes and effects is necessary to diagnose most building related problems. But how about that attic mold? How did it get there? Mold requires chronic moisture to form and to thrive, so source(s) of moisture must be present. Possibly the moisture came from outdoors. The roof is newer and a quick check of the roof shows no obvious damage or leaks. Possibly the moisture came from indoors. During the heating season, the interior of the house frequently has high moisture levels, especially bathrooms and kitchens. A quick check shows that all bathroom fans, kitchen vents, etc. are properly ducted completely outdoors and not into the attic. The amount of insulation looks good and the attic is well ventilated. Don’t give up – you are almost there! Remember the house as a system? You know that warm, moist air is in the house, but how is it getting into the attic? By air leaks! Air leaks are the leading source of energy loss in most houses, and a frequent source of chronic moisture that can cause attic mold. Most homeowners are well aware of air leaks around windows and doors (especially old ones), but many overlook the numerous gaps leading directly into the attic! Have a look around the attic and you may find large gaps around recessed lights and fans, holes where wires or pipes are installed, even large gaps around the chimney. And don’t overlook the whole house fan and especially the folding attic stair - a big, uninsulated hole in your ceiling that is often overlooked! These gaps can add up to a large hole that allows warm, moist air from the house to flow right into the cold attic. The warm moist air condenses on the cold roof sheathing, creating chronically damp conditions that can lead to attic mold growth. And the energy loss – it can be like leaving a window open all winter long! Seal these air leaks and you stop a significant moisture source. And just think of all the energy you can save and the cold drafts you can stop! Mark D. Tyrol is a Professional Engineer specializing in cause and origin of construction defects. He developed several residential energy conservation products including an attic stair cover and a fireplace draftstopper. To learn more visit www.batticdoor.com

Myth: Assessed value should equate to market value.
Reality: While most states support the concept that assessed value approximate estimated market value, this often is not the case. Examples include when interior remodeling has occurred and the assessor is unaware of the improvements, or when properties in the vicinity have not been reassessed for an extended period.

Myth: The appraised value of a property will vary, depending upon whether the appraisal is conducted for the buyer or the seller.
Reality: The appraiser has no vested interest in the outcome of the appraisal and should render services with independence, objectivity and impartiality - no matter for whom the appraisal is conducted.

Myth: Market value should approximate replacement cost.
Reality: Market value is based on what a willing buyer likely would pay a willing seller for a particular property, with neither being under pressure to buy or sell. Replacement cost is the dollar amount required to reconstruct a property in-kind.

Myth: Appraisers use a formula, such as a specific price per square foot, to figure out the value of a home.
Reality: Appraisers make a detailed analysis of all factors pertaining to the value of a home including its location, condition, size, proximity to facilities and recent sale prices of comparable properties.

Myth: In a robust economy - when the sales prices of homes in a given area are reported to be rising by a particular percentage - the value of individual properties in the area can be expected to appreciate by that same percentage.
Reality: Value appreciation of a specific property must be determined on an individualized basis, factoring in data on comparable properties and other relevant considerations. This is true in good times as well as bad.

Myth: You generally can tell what a property is worth simply by looking at the outside.
Reality: Property value is determined by a number of factors, including location, condition, improvements, amenities, and market trends.

Myth: Because consumers pay for appraisals when applying for loans to purchase or refinance real estate, they own their appraisal.
Reality: The appraisal is, in fact, legally owned by the lender - unless the lender "releases its interest" in the document. However, consumers must be given a copy of the appraisal report, upon written request, under the Equal Credit Opportunity Act.

Myth: Consumers need not be concerned with what is in the appraisal document so long as it satisfies the needs of their lending institution.
Reality: Only if consumers read a copy of their appraisal can they double-check its accuracy and question the result. Also, it makes a valuable record for future reference, containing useful and often-revealing information - including the legal and physical description of the property, square footage measurements, list of comparable properties in the neighborhood, neighborhood description and a narrative of current real-estate activity and/or market trends in the vicinity.

Myth: Appraisers are hired only to estimate real estate property values in property sales involving mortgage-lending transactions.
Reality: Depending upon their qualifications and designations, appraisers can and do provide a variety of services, including advice for estate planning, dispute resolution, zoning and tax assessment review and cost/benefit analysis.

Myth: An Appraisal is the same as a home inspection.
Reality: An Appraisal does not serve the same purpose as an inspection. The Appraiser forms an opinion of value in the Appraisal process and resulting report. A home inspector determines the condition of the home and its major components and reports these findings.

J. Myers & Associates Inc. 5098 28th Avenue South West Naples, FL 34116 Phone: 239-793-3430 Fax: 239-793-3430 E-mail: JasonMyers@embarqmail.com E-mail: JasonMyers@embarqmail.com

Recently I was asked to inspect a vacation home in North Carolina. The owners said that the garage had suddenly developed a mildew problem which had never occurred in the 100 plus year life of the house. What I found was that water was running under the walls of the garage and collecting in the storage closet area. Since the garage had been closed for about four months, the mildew problem was quite severe. The owners said that they had never had this problem before, so I started by asking them what, if anything, they had done to alter the lot drainage. It turns out that they had hired an architect to design a screened porch on the flat roof of the garage, and had hired a local contractor to build it. My first question was; did the original garage have gutters? They said that it had some kind of drain in the flat roof which drained the water off the back corner of the structure. The original garage did indeed have a scupper feeding into a downspout which drained the water downhill from the structure, but this was abandoned when the porch was built. It didn’t take me long to realize that all the water falling on the gabled roof of the new porch was draining along the sides of the garage and running under the old walls. They solved the problem by installing gutters along both sides of the garage with downspouts to channel the water away and downhill from the structure. Gutters can sometimes be difficult to keep clean, but they do a very good job of keeping water away from the house.