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Insurance Coverage in an Economic Recession

Limiting Your Risk When Cutting Costs

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Insurance Company Rankings

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

Online Insurance Comparison Sites

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

 

Homecheck Autumn Harvest

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

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

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

Part I: The Garden

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

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

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

Part II: The Landscape

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

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

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

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

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

Budgeting for the Holidays and Special Events

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

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

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

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

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

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

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

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

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

Charity 101

How to choose the best & avoid scams.

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Giving to others in need seems to be a natural impulse the world over. Many of us enjoy giving to causes, programs or research that we agree with and believe in; however, sometimes we are caught unaware and are asked to give by volunteers. We may love the idea of the cause but know little about the organization. Or we may like the idea, but prefer it were handled differently. So where do you go to find the best fitting charity and how do you determine if they are legitimate? Below we have compiled some things to consider when choosing a charity, such as when to give, how to avoid scams, and other ways to give to the community rather than a cash donation.

Before you Give

What Touches You? - It may sound simple (and it is) but one of the best gauges for which charity to choose should be what you are passionate about. What causes mean the most to you? What charities benefit research, education or programs you believe in? This should be your first consideration when choosing a charity. It will help narrow your choices and there is nothing better than having pride about the organization you choose. Who knows, that initial donation could lead to volunteering and becoming actively involved in something you really care about.

Take Control - Be proactive about the charities you choose to support. Don't wait for someone to come knocking at your door or spend money on reminders in the mail. Instead, take the first step by actively searching for charities that give to the causes you believe in. To begin your search, check out some of these sites: Charity Navigator | Guide Star | IRS Search

Money 101 - Find out where your donation goes and how it is spent. Most organizations offer easy charts and/or percentages detailing how much money goes to the cause, administration, events, publications, etc. Although you may like the ideas behind an organization, you may not agree with how they choose to spend the money. The only way to know is to check them out and if you can't find the information, practice our next point and ask questions!

Ask Questions - Don't be afraid to ask questions! Perhaps how they spend money on fundraising events is worded ambiguously to you. Or you are not certain if the funds will stay local or move nationally. Any questions you have are okay to ask. Sometimes people don't want to ask as they think they are pestering the volunteers and wasting their time - that is not the case! By thoroughly answering your questions, volunteers know they are ensuring your continued loyalty, confidence and support for their organization. If they don't want to answer, then consider someone else - there are plenty of charities to choose from.

Reputation - Find out about the charity's reputation. Have there been complaints about your charity? Are there accolades for your charity? Take some time to see what others are saying about the charity of your choice. Better Business Bureau | Charity Navigator

The Quick List - If you don't want to spend the time researching the charities out there, take a look at some of these lists to see how they are already ranked by organizations. American Institute of Philanthropy | Charity Navigator

When You Give

Dust Off the Checkbook - It is best to donate by check rather than cash or credit card. This way you can specify the money only goes to the organization. Always write the check - don't give any information directly to your bank account. Credit card is okay online if you really know the source is reliable. But be very cautious!

Guard Your Information - As with your bank account information, keep most of your information private. As you will read in the 'Signs of a Scam' section below, caution is unfortunately the best practice when donating money.

Ask if Your Gift is Tax Deductable - Not all charities actually count as a tax deductable donation. Although we realize this is not usually the impetuous behind giving to a charity, it is something to keep in mind if you do plan to claim it on your taxes - especially if it is a sizable donation. The charities won't be offended, just ask.

Get a Receipt - Even if your donation is not tax deductable, get a receipt. This will help you track your records and if you are ever unfortunately caught in a scam, it might help in developing a case against the criminal.

Think Ahead - Consider giving to the charities of your choice once a year or up to a certain amount every year. This will make it easier to choose a charity that you know rather than off the cuff impulse. Also, it will make it that much easier to say no to those who solicit your donations if you know you have already given as much as you want/can for the year.

Signs of a Scam

Appearance is Not Enough - Charity scams can be everything from a person with a jar asking for a particular cause to elaborate schemes that include personnel, office space, logos and image branding - all the signals of a legitimate operation. Thus, we say it again, it is important to do your homework before you give.

Know the Name - Many charity scams are set up using names very similar to bigger and better moderated charities. Be careful and take the time to double check that the organization you are donating to is the one you are really thinking of.

The Copycat - Unfortunately, even knowing the correct name of the charity may not be enough. Some scammers (especially in person) will claim to be from an organization they are not. The best option is to check with the charity to see if they are running a drive in your area before you donate.

Opportunity Knocks - The primary means for charity scams to get your money is by approaching you in person (i.e. at the grocery stores or going door to door), spam emails, and even telemarketing. To be safe, take the information about the charity down but wait to give until you have had a chance to check them out. If they turn on the high pressure "sale" when you mention researching them more, simply walk away. Instead, a legitimate charity will be happy to give you the information about their organization and where to find out more. As for emails, donating to unsolicited emails is never a good idea. Email is only a good option if it is from an organization with which you already have a relationship (usually a reminder to come donate again) or someone you personally know (i.e. participant fundraising for a benefit walk/run/etc.).

Too Much Pressure - Yes we just wrote it above, but it is worth mentioning again - high pressure "sales" from charities is a huge no-no. If they turn up the sob story, guilt trip, or state the need is now or never - be wary and just walk away. Most legitimate charities avoid high pressure tactics and have guidelines for volunteers against such tactics as they are just as glad to have raised the awareness if not always the cash.

Registration Please - It is good practice to ask a charity if it is registered and has a registration number. You can then use this number to look it up with the Better Business Bureau.

Misery Loves Company - Be very careful when giving after a large natural disaster or another event which rocks the community. At these times it is usually best to give through charities that have a standing reputation for helping. But again, make sure to check the name is not a quasi copycat. Be careful how you give the money - even when memorial charities are set up for a local family, you can donate through a bank with an established trust. Try not to let the headlines in the news sway you to give to the wrong person!

Allocation of Funds - Although this is not necessarily a scam item, some donators feel scammed when they find out so little of their money actually goes to the cause of their choice. To avoid this, research the charity to see how they allocate their funds. As we stated above, every charity is different in how it will choose allocate the funds raised. Some charities have high administrative costs and use fundraising to pay staff salaries. Others spend a great deal on advertising campaigns. Although neither is illegal, you may want to see if you agree with the amounts spent. You can find details on the individual charity websites or directories, such as Charity Navigator and Guide Star.

And the Winner Is - Another scam to look out for is the offer of a entry for a prize with your donation. This can usually be related to a scam, but also some legitimate organizations use this tactic. In this instance you may want to consider how much of your donation is going to fundraising gimmicks rather than to the cause at hand.

Other Ways to Give

Your Time is Worth Money - Don't have a lot of cash to give? A little of your time can help just as much or even more for some charities. Many organizations need voluntary workers to make their goals a reality. Most Americans consider donating around November and December when the image of helping out the local soup kitchen is etched in our minds. However, many organizations need help the rest of the year. Contact the charity you are passionate about and ask when you can be the most helpful. Have time but don't know where to participate? Try some sites like these to find volunteer opportunities in your area. Many of these sites let you search by interest - if volunteers get to share the love of one of their hobbies they are more likely to enjoy the experience and spend more time helping. www.idealist.org | www.volunteermatch.org | www.1-800-volunteer.org | www.getinvolved.gov

Take a Volunteer Vacation - Some college students have made headlines by taking volunteer vacations during spring break instead of heading to a party hot spot. But these vacations are not just for college students! Many seasoned travelers find these vacations a great way to learn more intimately about other cultures and give a little back in the process. Whether your passion is people, the environment, culture, language, or all the above, this might be the next vacation for you. www.globalvolunteers.org | www.volunteerabroad.com | www.globeaware.org | www.earthwatch.org

Play on the Web - Some online stores and searches will donate to charities if you use their interface. So why not take them up on the free offer? Do Great Good | The Hunger, Breast Cancer, Child Health, Literacy, Rainforest & Animal Rescue Sites | www.searchkindly.org

Consider Giving a Loan - A different way of 'giving' may be to actually lend capitol to the working poor. A new idea in micro financing gives funds to poor families who need a small loan to make their business ideas work. Loans can be as low as $25 and are actually paid back (unlike email schemes). The forerunner in this area is Kiva.org who started in 2005 primarily connecting lenders with 3rd world entrepreneurs. To find out more, visit their website www.kiva.org. This year, Kiva partnered with ACCION USA and the Opportunity Fund to offer micro loans here in the United States as well. For more on this option, please visit www.accionusa.org or www.opportunityfund.org.

One roof or two?

My 1950’s home has recently developed ceiling cracks running lengthwise through all of the rooms.

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Q. My 1950’s home has recently developed ceiling cracks running lengthwise through all of the rooms. Recently, I had a new shingle roof put on, and the roofing contractor told me that I could save a little money by putting the new shingles on top of the old ones. I wonder if this could be contributing to the cracking of my plaster ceilings.

A. The new roof over the old is most likely the reason for the ceiling cracks. Some roofing contractors will put new shingles over old ones because it saves them time and money, but this is no benefit to the home owner. Your house was framed to handle the weight of one shingle roof, but not the weight of two. The extra load on the structure is placing stress on the rafters, braces and ceiling joists, and causing stress cracks in your plaster ceilings. At this point, your best option is to just live with the cracks, because if you patch them without relieving the extra load on the roof, the cracks will just come right back. Next time you are ready for a new roof, insist that the roofer remove all of the old shingles, felt, tar paper and any other materials right down to the plywood or boards and start from scratch. This will not only eliminate the extra weight problem, it will give you a better looking, tighter and longer lasting roof.

Customer Deposits

Illegitimate Revenue Stream for Banks?

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This month, for a change of pace, we are bringing you a LAWCHEK™ ALERT! from our partner and legal site Lawchek.com. This article reviews the questionable changes that have occurred relative to bank "holds" on customer deposits. These changes can effect everyone from the individual customer to the small business owner.

CUSTOMER DEPOSITS: ILLEGITIMATE REVENUE STREAM FOR BANKS?
Richard A. Pundt, Attorney at Law

For quite some time now, certain banks and other financial institutions may have been profiting from what some members of Congress are calling an illegitimate revenue stream, namely, the deposits of its' customers. Today, many banks will place “holds” on customer deposits. Such customer deposit “holds” are for ten business days and usually translate into a ½ month use of the funds deposited; In this way, banks are able to benefit from the interest on customer funds. This questionable practice has caused outrage by depositors and has ignited the concern of key members of Congress.

Congressman Michael Oxley (R-Ohio) has stated: “Holding a deposit to ensure its safety and soundness is reasonable. But holding a deposit in order to profit from the interest is completely unacceptable. The latter practice prevents consumers from realizing the benefits of their own assets, while creating an illegitimate revenue stream for financial institutions. It unfairly penalizes consumers and should be eliminated from the U.S. payment system.” 1

From an analysis in a report by Ms. Laura Bruce of www.Bankrate.com, it is revealed that there are many concerns relative to the new federal enactment of the Check 21 Act. "Check 21" allows the checks that individuals write to clear within one to two days while the deposit may be held by a bank for up to ½ month when weekends are added to the allowable ten day hold under “exceptional” circumstances of the FED Regulations. As a result, the consumer may get “nailed” for overdraft charges if the consumer was counting on the deposit and, in addition, the banks have been keeping the interest on the funds “held” through the deposit delay. Ms. Bruce also notes in her article 2 that Congresswoman Carolyn Maloney (D-New York) has introduced HR 5410 that would “…redress imbalances between the faster withdrawals permitted under the Check 21 Act and the slower rates for crediting deposits.”

Examples of bank customers delays due to the banks “hold” practices is very wide-spread and, undoubtedly, has accounted for hundreds of millions of dollars worth of profits for banks. Consumers, realtors, businessmen, and attorneys are becoming increasingly aware of these practices by the banks. This author has encountered quite a number of reported instances where consumers experienced an improper deposit delay or hold for an unreasonable period of time.

Of the many instances reported to this author, there are three that merit review in regard to the issue of deposit “holds.” The first instance involved a very well-respected attorney who deposited over $200,000 into his attorney trust account at a well-known bank and was verbally informed, after the deposit had been made, that there would be a ten business day “hold” on the deposit. He did not receive any written notice as prescribed by Federal Reserve Regulation CC (Availability of Funds and Collection of Checks, 12 CFR 229). This particular attorney had never over-drafted his account and has always maintained a sterling reputation with the Bar, as well as other attorneys. Moreover, the deposit consisted of checks from State Farm Mutual Ins. and John Deere Inc. The attorney directed a hand delivered correspondence to this well-known bank, wherein he requested an immediate removal of the “hold” or, in the alternative, an explanation as to whether the bank in question believed that checks from either State Farm Mutual Ins. or John Deere Inc. would not clear or if there was any improper activity by State Farm Mutual Ins. or John Deere Inc. in regard to: (a) any suspected criminal activity, (b) any suspected money laundering, (c) any suspected terrorist activity, or (d) any other improper activity that would mandate the holding of either check. Needless to say, the bank could not accuse either State Farm Mutual Ins. or John Deere Inc. of any such activity, yet the bank continued its “hold” on the deposit to the trust account from December 7, 2005 until December 20, 2005. The attorney has never received a written or an oral explanation, as he requested in writing, for the hold as prescribed by Federal Reserve Regulation CC (12 CFR 229).

The second instance involved a well-respected realtor who deposited between $200,000-$300,000, as a result of a closing, into his account at the aforementioned bank. He was unaware of any “hold” on the deposit. The realtor issued various checks, as customary, to: other financial institutions, the seller, realtors, an insurance company, taxing authorities, and others. When the bank in question refused to release its “hold,” the realtor’s checks bounced and a significant amount of distress and embarrassment was the result for all parties concerned, except, of course, the bank that profited in two ways: from the interest on the deposit and from the overdraft charges.

The third, but surely not final, instance involved a party who received a Cashier’s Check from a centrally located and well-known bank and, on the same day, deposited the Cashier’s Check into an account at a branch of the same bank. The branch placed a “hold” on its' own main bank’s Cashier’s Check. What is especially interesting about this case, other than the fact that it was the bank’s own Cashier’s Check, is the fact that under Federal Reserve Regulation CC (12 CFR 229), a Cashier’s Check, as well as a check drawn on an account held by the same institution, must be made available on the first business day following the day of deposit.

It would seem that compliance with Federal Reserve Regulation CC (12 CFR 229) is being ignored by several of the largest banks. According to the article by Ms. Bruce, as noted above, proposed legislation HR 5410 has been presented in Congress to benefit the consumer. The legislation is being introduced in order to counter the Check 21 Act that allows the checks written by consumers to clear faster than the actual deposits made at the banks. It is noted in the article that Representatives from Wells Fargo Bank and Wachovia Bank have stated that their banks place holds on less than one percent of all deposits. If one were to consider the dollar magnitude of that one percent, especially if such deposits are for more than $5,000, a substantial windfall of interest profits are the likely result for the banks placing the “hold.” Perhaps the one percent accounts for hundreds of thousands of deposits each day and, if the average dollar amount of such deposit is $10,000 (most likely it is much more), the money on hold by the large banks at any one time would be in the hundreds of millions of dollars for which the banks gain interest on consumers assets, as noted by Congressman Oxley.

Under the Federal Reserve Regulation CC (12 CFR 229), it is mandated that interest should be paid to the consumer (See Regulation CC (12 CFR 229.14)). It is, therefore, understandable why Congressman Oxley has stated that such practice by the banks “…prevents consumers from realizing the benefits of their own assets, while creating an illegitimate revenue stream for financial institutions."

Under Federal Reserve Regulation CC (12 CFR 229), the following deposits must be made available on the first business day following the banking day of deposit: (1) Cash, (2) Electronic Payments, (3) U.S. Treasury Checks, (4) U. S. Postal Service Money Orders, (5) Federal Reserve Bank and Federal Home Loan Bank Checks, (6) State or Local Government Checks, (7) Cashier’s, Certified or Teller’s Checks, (8) Checks drawn on an account held by the same institution upon which the check is drawn, and (9) the first $100, or if less than $100 the entire amount, of all other checks. In the case of the individual who had deposited a Cashier’s Check into an account that was held by the same bank upon which it was drawn, both subsection 7 and subsection 8, as noted above, were ignored.

On other deposits that are not listed above, including the proceeds of local and non-local checks, the checks must generally be made available for withdrawal by the second and fifth business day respectfully following the deposit (See Regulation CC (12 CFR 229.12)). In the case of the attorney, and in the case of the realtor, as noted above, if the deposited checks were local, the deposit should have been credited within two days, and if the checks were non-local, the checks should have been credited within five days. There should not have been an arbitrary hold for ten business days or a ½ month total hold on the deposits.

However, there are exceptions set forth under Regulation CC (12 CFR 229.13), and those exceptions involve: new accounts,3 large deposits, repeatedly overdrawn accounts, or emergency conditions. The only exception of the above examples involving the attorney or the realtor, as given, would be the exception of a large deposit since our investigation ruled out any other scenario. In the case of large deposits, the bank must provide a notice to the consumer (See Regulation CC (12 CFR 229.13)), and that notice must be in writing (See Regulation CC (12 CFR 229.15), (12 CFR 229.16), (12 CFR 229.17) and (12 CFR 229.18)). Additionally, and under Regulation CC (12 CFR 229.14), interest must be paid on interest bearing accounts no later than the day the bank receives credit for the funds deposited.

It would appear that certain banks may be circumventing the requirements of Federal Reserve Regulation CC (12 CFR 229), and that is undoubtedly one of the reasons that Congressman Oxley has expressed concern, and why Congresswoman Maloney is reintroducing HR 5410. As a practical matter, most customers drop the issue once they actually receive their funds, which have been held by the bank, because they wish to maintain a good standing relationship with the bank. So does that mean that nothing can be done? The answer is no. Something can be done, but it requires positive action by the customer.

First, the customer may file a complaint with the Federal Reserve at: The Board of Governors of the Federal Reserve System, Division of Consumer and Community Affairs at 20th and C Streets, N.W., Stop 801, Washington, DC 20551. Additionally, the consumer may file a complaint with the respective State Banking Commissioner in the state where the violation occurs. Also, contacting the proper parties within Congress, such as Congressman Michael Oxley (R-Ohio) or Congresswoman Carolyn Maloney (D-New York).

Finally, there is a civil remedy expressly set forth under Federal Reserve Regulation CC (12 CFR 229.21). The civil remedy allows for both individual and class actions. See Regulation 12 CFR 229.21 (a) (2) (i) and (ii). The statute provides a limitation on class actions that includes actual damages up to $500,000 or 1% of the net worth of the bank involved (the lesser of the two) plus costs and attorney fees.