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Bankruptcy Law 101

This is the article that no one hopes to need and we would prefer not to write.

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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.

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.

Don't break the bank!

Recession survival tips for the household budget

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Now is the time of New Year's resolutions and an artificial restart for many of us.  This is a time taken to reflect on what goals we may want to achieve in the year ahead.  In many cases, financial security will be a primary objective for individual households as the recession continues through 2010.  Many people are grateful for the beginning of a gradual stabilization and cautiously hopeful for the recovery of the economy.  Although the majority of us do not have direct influence on the big companies and banks, we do control how we run our individual households, and many of us will be tightening our spending budgets and looking for ways to save.  Below we have provided some online resources for everything from keeping a balanced budget to finding ways to shop a bit smarter.

Know your budget: Before you can adjust your household budget to save, pay off debt or get ahead in your payments, you have to have a realistic look at what you owe and what you earn.

  • Bankrate: This site offers numerous online calculators from home budgets to which saving options will give the best returns. You can also begin to look at whether a home equity line of credit would be a good way to get rid of your debts or if now would be a good time to refinance under a lower mortgage rate. http://www.bankrate.com/brm/rate/calc_home.asp
  • BBB Develop a Working Budget: A printable worksheet that comes with other details to consider when calculating and understanding your budget. http://www.bbb.org/alerts/article.asp?id=709
  • Kiplinger.com Budget: An online budget form that will help you get started figuring out where you stand for the current month. http://www.kiplinger.com/tools/budget/
  • Microsoft Budget Templates: If you already use Microsoft Office, consider downloading one of their free budget templates. One of these Excel worksheets can help you keep track of your monthly expenses and be altered to fit your specific needs. http://office.microsoft.com/en-us/templates/CT101172321033.aspx

Revisit your grocery list: Reconsider how you buy groceries and what you buy.

  • Always shop with a list - Some suggest a list for any shopping trip you take. Always have a clear idea of what you need. This will help you find the best deals and not get distracted by impulse buys.
  • Buy generic brands - When you compare ingredient labels you may be surprised how similar or exact the name brands are with the generic. Try a couple taste tests, not everything generic will be ideal for your pallet, but some may surprise you, and savings could sweeten their flavor all the more!
  • Buy in bulk - Many stores now offer you the option to save by buying in bulk. Never use enough of it in time? Consider teaming up with family or neighbors and splitting your purchases. Maybe you don't need 10lbs of chicken, but 5lbs at $2 less per pound is savings to the bank.
  • Pack more snacks - When shopping, look for items you can easily put in the car, at the office or anywhere you might get the munchies. This way you can curb you hunger before you decide to hit the fast food on the way home.
  • Home Ec 101: Bake and Cook - Take on the personal challenge to become a better chef. Don't have the time? The internet is full of quick and easy casseroles, muffins, and other recipes that can help you get through your day. You will save money in the 15 minutes it takes to make these meals and you may find them more satisfying than microwave dinners.
  • Home brewed coffee - If you are addicted to your caffeine, then it is time to invest in a coffee pot with a clock and timer. You can still grab the coffee on the way out the door without being slowed down. Need it at work? Consider a French press where you can brew coffee conveniently at your desk without any machines, filters or mess.
  • Find your green thumb - If you have the property consider making a garden with your favorite greens. Fresh tasting rewards combined with natural stress relief. Don't have the property? Consider a container garden (or even an indoor container like the Aero Garden) for some of your basics. Maybe get to know you neighbors and join in a community plot.

Coupons, discounts and closeouts: Many sites online now offer ways to compare the best deals by product or store. Whether looking for new electronics or ready to head to the grocery store, check out these sites before you buy. Also take time to review the forums with customer input and reviews. A bit rough around the edges, the customer reviews on these sites are often short and to the point.

  • The Bargainist: This site lists both sales and coupons. Easy to use search - just type in the product you are looking for and it will check for any deals currently available. http://www.bargainist.com/
  • Cool Savings.com: A membership is required. If you don't mind printing your own coupons, this site is ideal for the busy shopper who knows what they want but does not want to sift through mailers, the newspaper and magazines to find a good deal. http://www.coolsavings.com/
  • Coupon Mom: A list of coupons, free offers and much more. A great way to search out grocery coupons. There is a membership but as with similar sites, this is free. http://www.couponmom.com/
  • Deal Catcher: Coupons, sales and rebates galore. Review sales by stores as well as by item rather than brand. http://www.dealcatcher.com/
  • Fat Wallet: The savings here can be found in the online forums. Savvy consumers share information and special deals. There is also the plethora of coupons and discounts listed by store or category. http://www.fatwallet.com/
  • RetailMeNot: A twist to the coupon frenzy, this site offers the coupons for online retailers. Many online retailers or stores with online shopping offer discounts or special deals with certain coupon codes or key words. RetailMeNot searches for these codes for you so you can use them on your next purchase. http://www.retailmenot.com/
  • SlickDeals.net: Mostly user driven, this site helps to create a community where bargain hunters can congregate and share what they have found. The latest deals page can be fun to review but you can also search for products by name. http://slickdeals.net/  

Be an educated consumer: Be more particular about the products you buy. Taking time to read reviews and learn the pros and cons others have experienced before you buy will help you choose better products that will last longer.

  • Buzzillions.com: After compiling reviews from customers that are sent to major retailers in response to the products they sell, Buzzillions then puts all those reviews together into an easy to read snapshot with an overall rating. You can then read the individual reviews from other consumers like you. http://www.buzzillions.com/
  • Epinions: This site is user driven with opinions on everything from products to entertainment. Perhaps you want to know more about a book, video game, movie or iPod? Most likely someone has given their two cents about it here. http://www0.epinions.com/
  • PriceGrabber.com: This site helps the consumer compare prices between online retailers. Many popular products also come with reviews and ratings. The price comparison also includes some of the used markets such as Amazon Marketplace. http://www.pricegrabber.com/

Rack up rewards: There are many programs out there to reward shoppers. Take the time research them and find one that works for your shopping style. If you shop online there are shopping portals that offer rewards. If you shop a little bit everywhere, consider a credit card with flexible reward points. If you shop at one store the most, get a rewards card with them. *A thing to remember with reward credit cards is that they usually come with a higher APR. It is better if you can charge and then pay immediately and not rollover this debt. That way you can get the rewards without the extra interest.

  • CreditCards.com: If you use credit wisely, then you might consider a credit card rewards program. This site offers an easy glance through some of the programs available. Also consider looking at individual card company sites. http://www.creditcards.com/reward.php
  • Ebates: An online shopping portal that received favorable reviews from some bigwigs like Good Housekeeping and CNN. Not only do you get a discount when shopping, but you can get bonuses as well. http://www.ebates.com/

Buy and barter used: Flea markets and garage sales can be great if you have the time and the weather to get one going. Maybe you don't have either? Then how about trying the same bartering and selling online? Besides the already popular eBay, you may be surprised at how many sites there are that will allow you to exchange, sell and buy cheap!

  • BarterBee.com: A site specifically geared towards recycling CDs, DVDs and computer or consol games between households. Once you sign up for a membership you list your used items for sale. Sell items to get points. You can then use those points to buy other CDs, DVDs or games that you want to try out. Of course you wouldn't use this site to make cash - points are used for like items. http://www.barterbee.com/
  • Craigslist: An online mismatch of services, used goods and announcements by city location. Here you may be able to find used items cheap. It can be the ordinary like used furniture to the not so common. For example, I once found someone who had new pavers left over from a patio project that they are willing to sell at a discount just to get them off their lawn. You may also be able to find cheap services such as yard work. However, users beware, there are no regulations on this site and you should take precautions when working with anyone on this list. This site definitely has a mixed history of great successes and terrible wrongs. Be careful. http://www.craigslist.org/about/sites
  • eBAY: One of the most popular and well known online auction stops, eBay has been around since 1995. Users have the ability to rank other users for the ease of trade transactions. Probably the biggest garage sale on the internet. http://www.ebay.com/
  • SwapThing: This site allows for consumers to trade and barter items or services. There is also the option to do flat out sales. Unlike an auction site, you can barter privately and do not have to list items for auction. You enter what you want and it will match you with others who have it available. http://www.swapthing.com/home/index.jsp

Get it FREE: There are some sites that will help you sift through the spam to get free items. Be warned that some of the free items still come with many "free" emails.

  • Coupon Mom: Already mentioned above, this site also lists ways to get free samples of many products. http://www.couponmom.com/
  • Free Shipping.org: This site lists all the free shipping deals and codes. If a site offers a free shipping offer, they have it listed. If you need a code to get free shipping, they have most of those too. http://www.freeshipping.org/
  • Hey, It's Free: This blog website run by Goob works to find out the real freebies on the internet. Goob goes out there and finds out if a site is just spamming or if there really is something for free at the end of all the forms. That wisdom is then passed on to the readers of this sarcastic but informative blog. http://www.heyitsfree.net/

Compare Insurance Carriers: It is true, if you have been accident/incident free for a while you may be able to save by switching to another insurance carrier. Every company may offer something different in incentives, but take a look and see if a switch can't save you some money this year.

  • InsWeb: Recognized by sites like Kiplinger and Forbes, this online insurance comparison site will help you by getting quotes from agents after you supply your information. http://www.insweb.com/
  • NetQuote: An insurance comparison website. You fill in the information and the agents work out your rate with their company. http://www.netquote.com/

Be your own travel agent: Consider your vacation plans carefully in advance. When shopping for tickets, shop around to more than one vendor. It is not unusual for some airlines to give better deals then the online travel agencies. If you are a spur of the moment type of traveler, you might consider researching a couple major cities before tempted by last minute weekend travel deals. Like consumer reports, travel blogs are a great way to get more information before you go. Did you know you could see an opera in Vienna for $5? Well, now you do…

  • Budget Travel: In print and online magazine from Frommer's Travel, the site also offers free articles on featured destinations, trip ideas and advice from other travelers. http://www.budgettravel.com/
  • Kayak.com: This travel search engine is different in that it does not sell you the deals, it just works to find them for you. This is one of the easiest ways to search online travel agencies (i.e. Expedia) and the travel companies (i.e. airlines). http://www.kayak.com/
  • Lonely Planet: Supplementary to the printed books, this website offers information about popular travel destinations as well as tips from other like-minded travelers. http://www.lonelyplanet.com/
  • USA.gov: Want to stay close to home but still get away? Check out the official state travel sites for the 50 United States and U.S. territories. http://www.usa.gov/Citizen/Topics/Travel_Tourism/State_Tourism.shtml

Historical Homes

How to protect historical property.

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Historical landmarks throughout the country provide all citizens with a physical, present experience of our history. Through these landmarks you can not only observe but in many cases feel the original work and walk the spaces of the past. Historical homes help us remember important persons as we can view intimately how they lived; we get to see the most sacred of spaces, their internal sanctum, their home. Where did they read at night for inspiration, where did they write that novel, where did they meet the important guests and characters in their lives? All of these things we can glimpse through seeing history preserved in rock and mortar. Historical homes also allow us to visualize and experience architecture, culture, events and community history. They help tell the story of how our town and communities came to be and developed. This brief article will summarize how one protects a historical home. This will include how to register the home with the state and federal government. Also, we will look at incentives and resources aiding the owners in the task of preserving these properties. Additional links to state resources, historical homes for sale, historical home supplies and construction and spotlights of a few famous historical homes are also included. Even if you do not own a historical home, we welcome you to take a look into how these bits of our history are protected, preserved and continue to participate in and educate our communities.

Part I: Listing a Property as Historical

The National Historic Preservation Act of 1966 (amended in 1992) provides guidelines for federal, state and local governments to work with non-profit organizations and the public to preserve our historical places. The preservation is handled through the National Park Service which administers the National Register for Historic Places. Historical places can be buildings, structures, sites and objects that speak for American history, architecture/engineering, and culture. This can be as varied as a historic home to an archaeological site. A few places that are considered to represent the nation on a whole may also be registered in the National Historic Landmarks program; however, this membership is harder to obtain (there are only 2,500 of these sites nationally). Our concentration will be on the large listing (79,000 sites and growing) of the National Register. 
So how does one determine if a site is historical? The National Register lists the following reasons for registering and protecting historical property:

The quality of significance in American history, architecture, archeology, engineering, and culture is present in districts, sites, buildings, structures, and objects that possess integrity of location, design, setting, materials, workmanship, feeling, and association, and:
A. That are associated with events that have made a significant contribution to the broad patterns of our history; or
B. That are associated with the lives of persons significant in our past; or
C. That embody the distinctive characteristics of a type, period, or method of construction, or that represent the work of a master, or that possess high artistic values, or that represent a significant and distinguishable entity whose components may lack individual distinction; or
D. That have yielded or may be likely to yield, information important in prehistory or history.

These four basic guidelines can encompass quite a bit of history. However, there are some limitations as well. Properties must be over 50 years old; to get a younger property registered an owner must prove "exceptional importance" such as might be recognized immediately for its reflection of an extraordinary political event or architectural innovation. Other limitations may include cemeteries, historical figures birthplaces and gravestones, religious structures, moved or reconstructed structures and commemorative structures. As with the 50 year rule there are exceptions for these limitations. In conclusion, if an individual or group feel a property meets the right criteria and should be registered they will need to nominate the property for review.

Any person or group may nominate properties for the National Register. Nominations, depending on the properties significance and location, are nominated through theState Historical Preservation Officer (SHPO), the Federal Preservation Officer (FPO)or the Tribal Preservation Officer (TPO). In most instances nominators will start with the SHPO for their state. The officer will then recommend the nominated property be reviewed by the state review board which consists of historians, architects, archaeologists and other professionals. The board then makes the recommendation to approve or disapprove the registration back to the SHPO. During the time the property is being reviewed, the public is notified the property may be registered. This may include the property owner, who may not have nominated the property themselves. If the owner at that time does not wish the property to be registered they can reject the proposal. The property will not appear on the national register, however, the nomination may be forwarded to the National Park Service only as a determination of eligibility in case a future owner would wish to have the property registered. Although the process varies from state to state, there is usually a minimum of 90 days to process. Once a recommendation is made to the National Park Service, the nominators will know the decision within 45 days. Once a property is registered the owner may expect some changes.

Owners of registered historical places may find both benefits and restrictions from state and federal programs. Surprisingly, on the federal level, once a home is registered owners may choose to change very little about their property:

Under Federal law, owners of private property listed in the National Register are free to maintain, manage, or dispose of their property as they choose provided that there is no Federal involvement. Owners have no obligation to open their properties to the public, to restore them or even to maintain them, if they choose not to do so.

However, state and local preservation laws may be more restrictive of what property owners may do once a the property is registered (the SHPO will have further details about the restrictions in your state). Some properties will obtain Federal historic preservation grant funding or investment tax credits for rehabilitation. Participation in these Federal programs may include more restrictions. As for changes to a structure or site, drastic alterations or physically moving a property when not absolutely necessary may effect the property's status. If, for example, the remodeling of the structure is enough to destroy and remove its historical significance, the property may be removed from the registry. Finally, a property may be affected by recommendation of the Advisory Council on Historical Preservation's recommendations at the federal level. However, inclusively, federal, state and local governments want to work with historical property owners to entice them to preserve our history. Property owners should contact the SHPO for more specific answers about local and federal benefits and restrictions.

Registering a home on the National Register for Historical Places is a relatively straight forward process. Contacting SHPO (or FPO or TPO) is the first step in reviewing what changes to expect and what forms need to be completed. With a little patience and research a home can be registered and protected as a part of our history. Now that it is registered, let us examine what resources are available for the renovation and upkeep of these places.

Part II: Resources for Historical Properties

The restoration of historical homes can be both overwhelming and expensive. Obtaining expert advise from contractors, architects, and historians (to name a few) can be invaluable to the homeowner. Research may be necessary to understand how the home looked, was furnished and functioned in the past. Also, it may be necessary to update older systems of plumbing, wiring, and replace lead-based paint (again, to name only a few). To begin the renovation process the home owner will first consider where the funding will come from, what projects need to be done, and finally, what the ultimate function of the historical home will be. There are many grants and sources of funds to help ease the impact of these improvement costs.

The funds available to owners of historical properties vary both nationally and locally. Nationally the most common is the Federal Historic Preservation Tax Incentive which entitles those qualified a 20% tax break. However, to obtain the credit the property does have to be used commercially for at least 5 years; usually as a rental or an apartment, in some cases use as an office may be sufficient. Local grants, loans and state tax incentives are not always available. To find what locally based programs there are contact your local government agencies such as the Historic Development Commission, Department of Planning and Economic Development, Housing and Redevelopment, and State Historic Preservation Office. When they are available the funds may come with certain restrictions or requirements. For example, some funds are only available to non-profit organizations or a grant may be offered that requires owners to share property with the public through tours or other educational outreach programs. Finally, involving family and community in the restoration project can help tremendously. Receiving help from the community may again mean opening up your home to educational programs or tours. However, when owning a historical home, sharing the history is part of the fun! So you have some money in your pocket; now you must decide what you want to restore first.

There may be many renovations needed for your historical home ranging from wiring to lead-paint removal. So overwhelming are the renovations at times that there is the tendency to over renovate homes. The National Trust for Historic Preservation has this top ten of Do's and Don'ts:

  • Make every effort to use the building for its original purpose.
  • Do not destroy distinctive original features.
  • Recognize all buildings as products of their own time.
  • Recognize and respect changes that have taken place over time.
  • Treat sensitively distinctive stylistic features or examples of skilled craft work.
  • Repair rather than replace worn architectural features when possible. When replacement is necessary, new material should match the old in design, composition, and color.
  • Clean facades using the gentlest methods possible. Avoid sandblasting and other damaging methods.
  • Protect and preserve affected archeological resources.
  • Compatible contemporary alterations are acceptable if they do not destroy significant historical or architectural fabric. Build new additions so they can be removed without impairing the underlying structure.

Once you have clarified the tasks that need to be done, hiring a contractor, plumber, architect or electrician (to name a few) will be an important step in the renovation of your historical home. Make sure to take time to interview and speak with several professionals to find one with the most experience and knowledge about historical homes. Again, the National Trust for Historic Preservation has compiled good short summaries about choosing professionals. When making any renovations to the historic home it is important to keep in mind the purpose of the house. The functions of a historical home can be varried. For some home owners they simply want to renovate and enjoy the historical building as their home. When making improvements, owners will be more concerned about updating creature comforts and creating an esthetic environment for their family. On the other hand, some will choose to live in the historic home but also dedicate rooms or floors as public museums. When making renovations for these homes a balance should be kept between updating the living space that will be used while keeping museum spaces closer to the feel and accuracy of the time they represent. Brand new faucets upstairs in the family bath are great but a stainless steel countertop in a 19th century room may look a bit out of place. Finally, others will live in the historic house but also rent out rooms for guests and small conferences. Historic homes can make an ideal bed and breakfast. This may create additional renovation challenges such as access ability and practical updates for the comfort of guests (i.e. adding and updating a bathroom or two). However, owners will want to keep in mind the historic atmosphere of the home. Visitors are drawn to historical B&Bs because of the sense of walking into the past. Keeping antiques relevant to the time or using period correct wall treatments (i.e. wallpaper patterns) are just a few ways to help keep the historic feel of the home. If creating a bed and breakfast out of a historical home is the goal, then reading about the B&B business will be helpful. Whatever the function of the historical home, the project should remain fun and rewarding.

The restoration of a historic homes can be expensive and daunting. However, it is also very rewarding, a wonderful chance for connecting to the past and community (and can be a great home too!). Whether your historic building will be a home, museum, B&B or all the above, having a game plan before starting renovations is a great idea. Make sure the plan protects the hisotry of the home so that the character and craftsmenship of the home is not lost in the renovation. Enlisting professionals and the community will help. In the end it really can be very rewarding!

Conclusion

A lot can be said for the structures a society builds. When looking at buildings from the past one can get a sense of style, comfort and culture from previous generations. A family and/or a community may learn more about where they came from. To preserve historical homes, individuals or communities need to take the time to submit the home to the National Register for Historical Places. Once this is done the home may still be used for varying purposes from a living space to a museum. In some cases funding is available to help in the daunting task of renovation. In the end historical homes are a tough investment that with a bit of research can turn in to a rewarding home and much more.

Resources by State 
Alabama | Alaska | Arizona | Arkansas | California | Colorado | Connecticut | Delaware | District of Columbia Florida | Georgia | Hawaii | Idaho | Illinois | Indiana | Iowa | Kansas | Kentucky | Louisiana | Maine | Maryland Massachusetts | Michigan | Minnesota | Mississippi | Missouri | Montana | Nebraska | Nevada | New Hampshire New Jersey | New Mexico | New York | North Carolina | North Dakota | Ohio | Oklahoma | Oregon Pennsylvania | Rhode Island | South Carolina | South Dakota | Tennessee | Texas | Utah | Vermont | Virginia Washington | West Virginia | Wisconsin | Wyoming

Alabama

State Historic Preservation Officer: Elizabeth Brown AL Historical Commission 468 South Perry Street Montgomery, Alabama 36130-0900 (334) 242-3184 Alabama Register Coordinator: Dorothy Walker - dwalker@preserveala.org National Register Coordinator: Christy Anderson - canderson@preserveala.org www.preserveala.org

Alaska

State Historic Preservation Officer: Judith E. Bittner - judyb@dnr.state.ak.us Department of Natural Resources Division of Parks and Outdoor Recreation 550 W 7th Avenue, Suite 1310 Anchorage, Alaska 99501-3565 (907) 269-8721 www.dnr.state.ak.us/parks/oha/index.htm

Arizona

State Historic Preservation Officer: James W. Garrison - jgarrison@pr.state.az.us Office of Historic Preservation Arizona State Parks 1300 W. Washington Phoenix, Arizona 85007 (602) 542-4174 National Register Coordinator: Kathryn Leonard www.pr.state.az.us/partnerships/shpo/shpo.html

Arkansas

State Historic Preservation Officer: Cathie Matthews - cathiem@arkansasheritage.org Department of Arkansas Heritage 323 Center Street, Suite 1500 Little Rock, Arkansas 72201 (501) 324-9162 National Register Coordinator: Ralph Wilcox - ralph@arkansasheritage.org www.arkansaspreservation.org

California

State Historic Preservation Officer: Milford Wayne Donaldson - mwdonaldson@parks.ca.gov Office of Historic Preservation Department of Parks and Recreation P.O. Box 942896 Sacramento, California 94296-0001 (916) 653-9125 http://ohp.parks.ca.gov/

Colorado

tate Historic Preservation Officer: Georgianna Contiguglia Colorado History Museum 1300 Broadway Denver, Colorado 80203-2137 (303) 866-3395 Information: oahp@chs.state.co.us www.coloradohistory-oahp.org

Connecticut

State Historic Preservation Officer: John W. Shannahan Connecticut Historical Commission 59 South Prospect Street Hartford, Connecticut 06106 (860) 566-3005 Information: cthist@neca.com www.cultureandtourism.org (This website is being revised; check out the CT Trust for more information at www.cttrust.org)

Delaware

State Historic Preservation Officer: Timothy A. Slavin Division of Historical and Cultural Affairs 21 The Green, Suite B Dover, Delaware 19901 (302) 739-5313 www.state.de.us/shpo/default.shtml

District of Columbia

State Historic Preservation Officer: Lisa Burcham DC Office of Planning, Historic Pres. Division 801 North Capitol Street, N.E. 3rd Floor Washington, D.C. 20002 (202) 442-8850 http://planning.dc.gov/

Florida

Actg. State Historic Preservation Officer: Frederick Gaske - fgaske@mail.dos.state.fl.us Division of Historical Resources R.A. Gray Building 500 S. Bronough Street Tallahassee, Florida 32399-0250 (850) 245-6300 www.flheritage.com

Georgia

tate Historic Preservation Officer: Ray Luce - ray_luce@dnr.state.ga.us Department of Natural Resources 156 Trinity Avenue, SW Suite 101 Atlanta, Georgia 30303-3600 (404) 651-5061 http://hpd.dnr.state.ga.us/

Hawaii

State Historic Preservation Officer: Peter T. Young Department of Land and Natural Resources 601 Kamokila Boulevard Room 555 Kapolei, Hawaii 96707 808-587-0401 www.hawaii.gov/dlnr

Idaho

State Historic Preservation Officer: Steve Guerber - steve.guerber@ishs.idaho.gov State Historic Preservation Office 210 Main Street Boise, Idaho 83702-7264 (208) 334-3890 www.idahohistory.net

Illinois

State Historic Preservation Officer: William L. Wheeler - Ted_Lild@ilpa.state.il.us Illinois Historic Preservation Agency Preservation Services Division One Old State Capitol Plaza Springfield, Illinois 62701-1512 (217) 785-9045 www.state.il.us/HPA/

Indiana

State Historic Preservation Officer: Jon Charles Smith- jsmith@dnr.in.gov Department of Natural Resources 402 W. Washington Street, Rm W274 Indianapolis, Indiana 46204 (317) 232-4020 Information: dhpa@dnr.state.in.us www.state.in.us/dnr/historic/

Iowa

Actg. State Historic Preservation Officer: Anita Walker - anita.walker@dca.state.ia.us State Historical Society of Iowa 600 East Locust Street Des Moines, Iowa 50319-0290 (515) 281-8741 www.iowahistory.org

Kansas

State Historic Preservation Officer: Jennie Chinn - jchinn@kshs.org Kansas State Historical Society Cultural Resources Division 6425 Southwest 6th Avenue Topeka, Kansas 66615-1099 (785) 272-8681 Information: histsoc@acc.wuacc.edu www.kshs.org

Kentucky

State Historic Preservation Officer: David Morgan - davidl.morgan@ky.gov Kentucky Heritage Council 300 Washington Street Frankfort, Kentucky 40601 (502) 564-7005 www.state.ky.us/agencies/khc/khchome.htm

Louisiana

Division of Historic Preservation Office of Cultural Development P.O. Box 44247 Baton Rouge, LA 70804 (225) 342-8160 National Register Coordinator: Donna Fricker National Register Section (1st time inquiries): Patricia Duncan www.louisianahp.org

Maine

Director: Earle G. Shettleworth, Jr. - Earle.Shettleworth@Maine.gov 55 Capitol Street, State House Station 65 Augusta, Maine 04333-0065 (207) 287-2132 / Fax (207) 287-2335 www.state.me.us/mhpc/

Maryland

State Historic Preservation Officer: J. Rodney Little - RLittle@mdp.state.md.us Division of Historical and Cultural Programs 100 Community Place Crownsville, Maryland 21032-2023 (410) 514-7600 or 1-800-756-0119 www.marylandhistoricaltrust.net

Massachusetts

Secretary of the Commonwealth Massachusetts Historical Commission 220 Morrissey Boulevard Boston, MA 02125-3314 (617) 727-8470 www.sec.state.ma.us/mhc/mhcidx.htm

Michigan

State Historic Preservation Officer: Brian D. Conway - conwaybd@michigan.gov State Historic Preservation Office P.O. Box 30740 702 West Kalamazoo St. Lansing, Michigan 48909-8240 (517) 373-1630 www.michigan.gov/hal/

Minnesota

Department Head and Deputy State Historic Preservation Officer: Britta L. Bloomberg - britta.bloomberg@mnhs.org Historic Preservation, Field Services and Grants Department Minnesota Historical Society 345 W. Kellogg Blvd. St. Paul, MN 55102-1906 (651) 296-5434 www.mnhs.org/shpo/

Mississippi

Mississippi Department of Archives and History 200 North Street Jackson, MS 39201 (601) 576-6850 Historic Preservation Division: msshpo@mdah.state.ms.us www.mdah.state.ms.us/index.html

Missouri

Deputy State Historic Preservation Officer: Mark Miles - mark.miles@dnr.mo.gov Department of Natural Resources P. O. Box 176 Jefferson City, MO 65102 (573) 751-7858 www.dnr.state.mo.us/shpo/index.html

Montana

State Historic Preservation Officer: Mark Baumler, Ph. D. - mbaumler@mt.gov The Montana Historical Society 225 N. Roberts P.O. Box 201201 Helena, MT 59620-120 (406) 444-7715 www.his.state.mt.us

Nebraska

State Historic Preservation Officer: Lawrence J. Sommer

Nebraska

State Historical Society 1500 R Street P.O. Box 82554 Lincoln, Nebraska 68501 (402) 471-4746 Information: nshs@nebraskahistory.org www.nebraskahistory.org/histpres/

Nevada

tate Historic Preservation Officer: Ronald M. James - rmjames@clan.lib.nv.us Department of Cultural Affairs 100 North Stewart Street Carson City, Nevada 89701-4285 (775) 684-3440 http://dmla.clan.lib.nv.us/docs/shpo/

New Hampshire

State Historic Preservation Officer: James M. McConaha - James.Mcconaha@dcr.nh.gov Division of Historical Resources P.O. Box 2043 Concord, New Hampshire 03302-2043 (603) 271-6435 www.nh.gov/nhdhr/

New Jersey

State Historic Preservation Officer NJ Department Parks & Forestry P.O. Box 304 Trenton, New Jersey 08625-0404 (609) 292-2885 www.state.nj.us/dep/hpo/

New Mexico

State Historic Preservation Officer: Katherine Slick - katherine.slick@state.nm.us Office of Cultural Affairs Villa Rivera Building, 3rd Floor 228 E. Palace Avenue Santa Fe, New Mexico 87503 (505) 827-6320 www.nmhistoricpreservation.org

New York

State Historic Preservation Officer Office of Parks, Recreation and Historic Pres. Empire State Plaza Agency Building 1, 20th Floor Albany, New York 12238 (518) 474-0443 http://nysparks.state.ny.us/shpo/

North Carolina

State Historic Preservation Officer: Jeffrey J. Crow - jeff.crow@ncmail.net Department of Cultural Resources Division of Archives and History 4617 Mail Service Center Raleigh, North Carolina 27699-4617 (919) 733-7305 www.hpo.dcr.state.nc.us

North Dakota

State Historic Preservation Officer: Fern E. Swenson State Historical Society of North Dakota ND Heritage Center 612 East Boulevard Avenue Bismarck, North Dakota 58505-0830 (701) 328-2666 www.state.nd.us/hist/

Ohio

State Historic Preservation Officer: Rachel Tooker - rtooker@ohiohistory.org Ohio Historic Preservation Office Ohio Historical Society 567 E. Hudson Street Columbus, Ohio 43211-1030 (614) 298-2000 www.ohiohistory.org/resource/histpres/

Oklahoma

State Historic Preservation Officer: Melvena Heisch - mheisch@ok-history.mus.ok.us Oklahoma Historical Society Wiley Post Historical Building 2100 N. Lincoln Boulevard Oklahoma City, Oklahoma 73105 (405) 521-2491 www.ok-history.mus.ok.us

Oregon

Deputy State Historic Preservation Officer: Roger Roper Heritage Programs Division Oregon Parks and Recreation Department 725 Summer Street, Suite C Salem, Oregon 97301 (503) 986-0677 http://www.oregonheritage.org

Pennsylvania

State Historic Preservation Officer: Barbara Franco Bureau for Historic Preservation Commonwealth Keystone Building, 2nd floor 400 North Street Harrisburg, Pennsylvania 17120-0093 (717) 787-2891 www.phmc.state.pa.us

Rhode Island

State Historic Preservation Officer: Edward Sanderson - esanderson@preservation.ri.gov Hist. Preservation and Heritage Commission Old State House 150 Benefit Street Providence, Rhode Island 02903 (401) 222-2678 www.preservation.ri.gov

South Carolina

State Historic Preservation Officer: Mary W. Edmonds - edmonds@scdah.state.sc.us Department of Archives and History 8301 Parklane Road Columbia, South Carolina 29223-4905 (803) 896-6168 www.state.sc.us/scdah/histrcpl.htm

South Dakota

State Historic Preservation Officer: Jay D. Vogt - jay.vogt@.state.sd.us South Dakota State Historical Society 900 Governors Drive Pierre, South Dakota 57501-2217 (605) 773-3458 www.sdhistory.org

Tennessee

State Historic Preservation Officer: Herbert Harper - Herbert.Harper@state.tn.us Department of Environment and Conservation 2941 Lebanon Road Nashville, Tennessee 37243-0442 (615) 532-0109 www.tennessee.gov/environment/hist/

Texas

State Historic Preservation Officer: Lawerence Oaks - l.oaks@thc.state.tx.us Texas Historical Commission P.O. Box 12276 Capitol Station Austin, Texas 78711-2276 (512) 463-6100 www.thc.state.tx.us

Utah

State Historic Preservation Officer: Wilson G. Martin - wmartin@utah.gov Utah State Historical Society 300 Rio Grande Salt Lake City, Utah 84101 (801) 533-3500 http://history.utah.gov

Vermont

State Historic Preservation Officer: Jane Lendway - jane.lendway@state.vt.us Agency of Commerce & Community Dev. VT Division for Hist. Preservation National Life Bldg., Drawer 20 Montpelier, Vermont 05620-0501 (802) 828-3056 www.historicvermont.org

Virginia

State Historic Preservation Officer: Ann Andrus - ann.andrus@dhr.virginia.gov Department of Historic Resources 2801 Kensington Avenue Richmond, Virginia 23221 (804) 367-2323 www.dhr.virginia.gov

Washington

State Historic Preservation Officer: Allyson Brooks - Allyson.Brooks@dahp.wa.gov Office of Archeology & Historic Preservation 1063 S Capitol Way Suite 106 P.O. Box 48343 Olympia, Washington 98504-8343 360-585-3066 www.oahp.wa.gov

West Virginia

State Historic Preservation Officer: Susan Pierce - susan.pierce@wvculture.org Division of Culture and History 1900 Kanawha Boulevard E. Capitol Complex Charleston, West Virginia 25305 (304) 558-0220 www.wvculture.org/shpo/shpoindex.aspx

Wisconsin

State Historic Preservation Officer: Michael E Stevens Wisconsin State Historical Society 816 State Street Madison, Wisconsin 53706-1482 (608) 264-6500 www.wisconsinhistory.org

Wyoming

State Historic Preservation Officer: Sara Needles - sneedl@state.wy.us Wyoming State Historic Preservation Office Dept. of State Parks & Cultural Resources 2301 Central Avenue, 3rd floor Cheyenne, Wyoming 82002 (307) 777-7697 http://wyoshpo.state.wy.us/

How to Hire a Home Inspector

You need an experienced professional.

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So, you are buying or selling a home and you feel that you need an experienced professional to inspect the property so that you go into the sale/purchase knowing everything that you need to know to make the proper decisions and arrive at the dollar/value amount that the property is worth to you. But, how do you go about it? All of the Inspectors’ ads seem the same - they all tout the same lines of how great they are, etc., etc. It’s impossible to get a referral because you really don’t know anyone who has bought or sold a home recently, and you surely don’t trust the Realtor's choice because you are pretty sure the Inspectors that they use are “their good Ol' boys” that solicit the Realtors for work. So, what’s a person to do? 

Well, let me make it easy for you to cut right through all of the hype and “fairy tales.” I’m going to give you a downloadable short chart that you can print. On the chart will be a few of the most pertinent questions you would want to be asking of your prospective Inspector as to his/her qualifications to be sure that they will be the one that will give you the knowledge and peace of mind to move forward into one of the biggest investments/transactions you will make in your life. If you use the chart as it is designed to be used, you will be able to fill in the boxes below each Inspector's name with check marks or minimal info relating to the answers you receive from the several Inspectors that you interview. It will become evident in short order who is the most qualified Inspector that you should hire, unless, of course, you are an individual that is of the opinion that all Inspectors are the same, all inspection reports are the same, and the only difference is who is the cheapest, which, in that case, I’m sure that you will get exactly what you bargained for. Besides, who better than the Inspector himself knows what he/she is worth! Download the Home Inspectors Hiring Questionnaire as a printable PDF file.

Finally, for those that really want to know who they are hiring to perform such an important service for them, I will give you a list of additional questions that you can ask that will further qualify an Inspector to you, if you wish to know more and take the time to ask them. Hey, you’re only talking about a few hundred thousand dollars of your hard earned money here, so taking a few extra minutes of your time to hire a true professional who will be supplying you with the knowledge and peace of mind that you need at a cost of less than ½ of 1% of what the transaction will be is, well, maybe worth the extra effort. I’ll make it even easier for you; I’ll give you some links (see box to the right) to go to so you can check if the answers the Inspectors give you are true.

So, roll up your sleeves, pull out the telephone book, and go online and decide on a few Inspectors that on the surface look promising. Write their names at the top of the columns and then start dialing the phone and asking the questions and filling in the blank boxes with check marks and info.

Questions To Ask:

  1. How long have you been inspecting?
  2. How long have you been in the Construction and Home Repair business?
  3. Are you “certified” by any national organization as a Home Inspector? Are you a licensed General Contractor?
  4. Are you licensed in any thing?
  5. Have you ever hands-on built a home from scratch? If so what, where, when?
  6. Have you ever spent any “real” time in the home repair field? If so, what, when?
  7. Do you solicit realtors to obtain your work/inspections?
  8. What, EXACTLY, do you inspect and include in your inspection report?
  9. Is the report computer generated, easy to understand and have digital color pictures? Do you offer a money back guarantee?
  10. How long will the inspection take?
  11. What is your fee?

These should be the short list, lucky thirteen if you will, that should shed a little light on just how much experience your Inspector has, how qualified they are and the basics of what you can expect from them should you hire them. http://www.unbiasedinspections.com/index.htm

Additional Questions You May Want To Ask:

  1. Do have a website and what is its address?
  2. Do you have any references you would like to share with me?
  3. Can I accompany you during the inspection?
  4. Have you ever been sued over one of your inspections?
  5. How do you stand behind your inspection if a problem comes up?
  6. How much continuing education do you take every year? What other services do you offer?
  7. Do you belong to the local Realtors Board?
  8. Do you advertise in any of the real estate companies’ sales fliers?
  9. What/whose Standards of Practice do you inspect to?
  10. What Home Inspection organization(s) are you most proud to belong to and why?

MY ANSWERS To The Questions:

I have been in the Home Inspection business for 40 years.

I have been in the Construction and Home Repair business for 45 years.

I am certified as a Home Inspector by the following organizations: CalNACHI, NACHI International, IHINA.

I have been a licensed General Contractor since 1977.

I am licensed in the following: California General Contractor & California Structural Pest Inspector.

I have built many structures since 1977, including such projects as a geodesic dome home.

I have 45 years of hands-on “real” time in the home repair field/structural pest control business.

I do NOT solicit realtors to obtain inspection work.

For each report I inspect all visible and accessible portions and systems of the house and property.

Each computer generated report is easy to understand and includes digital color pictures.

I offer a money back guarantee and stand firmly behind it!

Each inspection will take 4 – 8 + hours depending on the property to be inspected.

The fee will vary depending on the property to be inspected.

I have a website at www.unbiasedinspections.com.

I have numerous client references on my website at Client Testimonials.

I encourage my clients to accompany me during the inspection, or at least be on site near the end of the inspection. 

I have never been sued over an inspection, even though I’ve been inspecting homes since 1968.

If a problem comes up regarding an inspection, I have a money back guarantee.

Each year I obtain usually 40 - 50 hours of continuing education in pertinent home inspection classes.

Other services offered… structural pest (termite) inspections, thermography scans and reports, floor level mapping, consulting.

I do not belong to the local Realtors Board in order to avoid any perception of conflict of interest or collusion.

I absolutely do NOT advertise in any of the real estate companies’ sales fliers.

My home inspections are performed under the Standards of Practice of CalNACHI (National Association of Certifed Home Inspectors).

The Home Inspection organization(s) of which I most proudly belong is CalNACHI (National Association of Certifed Home Inspectors) because of their high standards and stringent continuing education requirements. I’m also proud to be a member of Independent Home Inspectors of North America (IHINA) because in order to be a member you must sign a pledge NOT to solicit business from realtors!

- Ron Ringen Ringen's

Unbiased Inspections https://www.unbiasedinspections.com/home-inspection-articles/how-to-hire-a-home-inspector/

Holiday Food Safety

Here is a short list of food safety precautions to take during this holiday season.

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With the various fall and winter holidays upon us, we know everyone is busy. Here is a short list of food safety precautions to take during this holiday season. As always, enjoy the fun and have safe holidays this year.

Food Preparation:

  • Before cooking or preparing anything - wash your hands! In between working with different dishes - wash your hands!
  • Wash all fruits and vegetables. Even those with tough outer skins that you do not eat. When slicing these, the knife may pick up bacteria from the outer skin.
  • Thaw meats in the refrigerator overnight. Never leave them on the counter to defrost. If defrosting in the microwave, make sure the meat is cooked soon after.
  • If preparing a turkey, make sure it is completely thawed before cooking. Cooking a frozen turkey can lead to uneven cooking with the inside not being up to temperature. According to the FDA, a "20-pound turkey needs two to three days to thaw completely when thawed in the refrigerator at a temperature of no more than 40 degrees F. A stuffed turkey needs 4 ¼ to 5 ¾ hours to cook completely."
  • If marinating food then do so in the refrigerator - not on the counter! If you want to have extra marinade to use as a sauce later, make sure to separate a portion ahead of time. Never reuse marinating sauces!
  • Do not reuse any batter or breading that has touched raw meat.
  • Use one plate for raw meats and another clean plate to take cooked items to the serving area. Never use the same plate. The raw juices can contaminate your cooked meats and side dishes.
  • Unattended cooking is the leading cause of home fires in the U.S. When cooking for holiday visitors, remember to keep an eye on kitchen projects. If you are faced with a grease fire, remember, put a lid on it, and turn the heat source off!
  • That evil mayo - did you know according to the Department of Health, it is not really the mayo that is making those deviled eggs a dangerous game of chance. Instead, it is the fact that when making cold salads usually the ingredients are mixed together when still warm creating a breeding ground for bacteria. Instead, chill all your ingredients separately before mixing them together.
  • Use ciders labeled as pasteurized, or bring unpasteurized cider to a boil before serving. This is especially important when serving cider to people with weakened immune systems.

At the Table:

  • So you have guests over and have set out a brunch style breakfast. If you have late risers, consider these times when leaving items such as milk or cooked meat on the table:
    - These foods are safe to leave out: Dry foods such as nuts, crackers, baked goods, breads, hard cheeses and candy don't support bacterial growth. Fruits, pickles, jams and jellies are too acidic for most bacteria.
    - Anything else should be discarded after sitting out for 2 hours.
    - To save milk or soy, make certain they are kept in the refrigerator instead of on the table.
    - An alternative is to keep cold items on ice. However, the ice will still need replacing every two hours or so.
  • Supply plenty of clean plates and utensils. Encourage guests to get a new plate if theirs has been sitting out as they waited between helpings.
  • Do not add new food to a serving dish that has been sitting at room temperature for more than two hours.

The Cleanup:

  • Refrigerate any left over food within 2 hours of its initial serving. If the temperatures are higher, then 1 hour or earlier. Meat should be be kept hot for serving (140°F) and unused meat should be refrigerated immediately as it cools. If you have too much left over meat, make sure to freeze whatever you won't eat within the next 2 days.
  • Use leftover turkey meat, bones, stuffing, gravy and other cooked dishes within two to three days.
  • Cut up any leftovers before refrigerating so they may be spread out in a tray. For meats like roast beef, this helps to make sure the meat cools at the same rate.
  • Date leftovers - you'll appreciate it a week later when you've forgotten what food is from which feast.

Holiday Specific:

Turkey Fryers:

- Always use outdoors away from anything flammable. 
- Use on cement or stone surfaces - not on a wooden deck!
- Do not leave unattended. It is a very good idea to not have children and pets in the vicinity, better if they are inside. If they must be outside, make certain they are watched very carefully! Do not allow children and pets near the fryer as it cools after use either.
- Make certain the turkey is thawed before cooking - water and oil don't mix!
- Check the oil temperature frequently and immediately shut off if the oil begins to smoke. 

Mail Ordered Food:
- If sending mail ordered food as a gift, let the recipient know so they may know to look for the package.
- If you receive any mail ordered food, make certain to check that items that should have been kept cool were packaged properly.

Candle Decorations:
- Do not use candles on evergreen or natural trimmings.
- Use nonflammable holders and make sure they are placed where they cannot be knocked over easily.
- Do not keep candles lit in rooms that is not occupied/supervised.
- Check your candles as they burn. Some will burn unevenly and may finish sooner than you expected.
- Do not leave children unattended around candles and matches/lighters.

More

USDA Food Safety - Cooking a Turkey 
ttp://www.fsis.usda.gov/fact_sheets/Countdown_to_the_Holiday/index.asp

USDA Food Safety Ask Karen
http://www.fsis.usda.gov/food_safety_education/ask_karen/index.asp#Question

USDA Cooking for Groups
http://www.fsis.usda.gov/PDF/Cooking_for_Groups.pdf

RI Food Safety Education - Kitchen Thermometers
http://www.uri.edu/ce/ceec/food/factsheets/therm.html