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

As many of us look to stretch our dollar a bit further our money spent on entertainment is often cut. However, entertainment is a good way to relieve stress and get a quick break from the real world. Increasingly, the fee paid for an internet connection is offering a bigger return on the entertainment dollar. Improved connection speeds have created a mushroom of online content that allows users to watch streaming news broadcasts, missed TV shows, webisodes, viral videos (i.e. YouTube), free online games (and competitions), blogs and chat rooms - to name a few. Everywhere you turn, everyone is trying to get their movie, TV show, 15 minutes all noticed on the web. Television alone has morphed from episode summaries and casting lists on a single webpage to deluxe sites with missed episodes online, behind the scenes footage, games, screensavers, additional back stories and character development, and much more. So who is leading the pack with the best sites and content? Who is side-stepping the pack altogether? You might be surprised!

The Usual Suspects
Below is our ranking of the major broadcasting stations that are easiest to use and include extra online content.

1. NBC.com http://www.nbc.com/ NBC has a slick and clean menu and you can easily find episodes of your favorite shows. A great plus is that you can watch a whole season if you got lost a while back and need to catch up. Also, you don't have to watch the show the same week it originally airs. Videos load quickly and offer chapter selection to jump where you left off or skim through with ease. 
2. ABC.com http://abc.go.com/ The website is clean and easy to navigate. A big disappointment is that not only does the user have to sign an agreement but then download a special plug in just to watch online episodes. The entire site has a much more proprietary feel to it. However, they did redeem themselves a bit by allowing access to episodes from previous seasons for one of their most popular (and confusing) shows 'LOST.'
3. CBS.com http://www.cbs.com/ CBS has a fairly easy menu. The best is to go by show as viewing directly by video is a bit more messy and makes it harder to find past episodes. The option to watch TV and chat at the same time is slow to load (I gave up after two minutes of the loading icon spinning). Video without chat loads quickly and is just as fast as the other stations. Plenty of content about shows but the webpages have an older point-and-click menu that takes a bit longer to navigate. There wasn't a lot of clarity in the order of episodes if you were trying to catch up for the season.
4. FOX.com http://www.fox.com/ A slick moving website that is easy to navigate. However, FOX allows access to fewer full episodes then the other stations. The individual show websites offer a lot of extras but are not as clear to navigate.

Cable Networks
So if you don't subscribe to cable, who gives you the best online?

1. Discovery Communications Group Discovery Channel - http://dsc.discovery.com/ | The Learning Channel - http://tlc.discovery.com/ Animal Planet - http://animal.discovery.com/ | Science Channel - http://science.discovery.com/ This family of websites has a similar menu and limited selection of full episodes like FOX. However, the fact that current shows with new content is available is a plus compared to other cable stations. Overall, a great way to get highlights of what you're missing for chats around the water cooler. Also, the extra games are a nice touch.
2. Comedy Central http://www.comedycentral.com/ Full episodes are available for most shows. The individual shows do keep separate URLs which made it a little harder to navigate back to Comedy Central. However, all offered complete sites with extra content.
3. Disney TV http://disney.go.com/index This site has a slick design and offers plenty of content including games and fan pages for their most popular shows. One negative is there is almost too much content. Many 'teaser' videos play when the user enters a new page without being selected. Although some full episodes are available online, they are not necessarily in discernable order.
4. Nickelodeon http://www.nick.com Plenty of fun games and video bites for kids. Like Disney, there is background content that loads as soon as you enter a page. The pages are busy and harder to find content.
5. A&E TV http://www.aetv.com/ Not the easiest navigation at first. However, more episodes and clips of episodes are offered then on some comparable cable sites.
6. USA Network http://www.usanetwork.com/ A couple to a handful of episodes available of USA original shows. Some are available without commercial interruption which is a nice touch. However, not all series offer episodes for online viewing.
7. Bravo http://www.bravotv.com/ Some behind the scene information and recaps. Videos are offered with some full episodes. However, the navigation of videos is not user friendly and is geared more towards a fan who knows what they are looking for on the channel.
8. TBS.com http://www.tbs.com/ Again a required download of a plug-in before being able to view videos. Basically a collection of a few variety shows and reruns. There is not access to the movies, only their schedule.

A Brand New World
Sites without a presence on television but offering television/movie entertainment.

1. TV.com http://www.tv.com/ There is definitely more content on this website then some of its competitors. This site has a larger variety of shows and even news broadcasts are easy to search and view here. TV.com offers an easier navigation if you want to find information and summaries of a particular television show. However, the video interface is not as friendly.
2. Hulu.com http://www.hulu.com/ Hulu offers episodes of series from all different TV channels. Episodes are separated by genre rather than channel, but an easy search will help you find your favorite quickly. Interestingly, some episodes will load directly from Hulu whereas others will take you to the home website making Hulu act more like a search engine. An added plus are the movies. Many of your re-run favorites from Sunday afternoon can be found here. Load time is good, even for full movies.
3. Boxee http://www.boxee.tv/ This is a free membership website that dose require users to download their program. It checks all your media on your computer and then creates a one stop area for everything from photos to music. With an open source code it is intended to be manipulated by users so they can add user generated content. However, it is not really ready for all computer systems at this time and was overall frustrating to install. PC to TV or TV to PC? Considering the competition for your entertainment dollars, it should be no surprise then that many TV's offer WiFi connection to your computer to make certain you can enjoy all these extra goodies from the comfort of your couch. However, some computers are also pushing their new models of All-in-Ones aimed at being one-stop entertainment centers. These new computers are offering bigger and better viewing screens, more compact CPUs and easy plug and play for cameras, music players (iPod, Zune, etc.), and much more. Depending on your budget and your pocket book, there are some wonderful choices on the market already.

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

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

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

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

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

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

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

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

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

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

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

Both the front and back yards of our house offer a buffer between our home and the outside world. Often, especially in the case of backyards, they may be manipulated into a sanctuary outside, giving us a place to relax and enjoy the outdoors at home. Many weekend warriors find outdoor projects fun and rewarding challenges for their spring through fall months. However, sometimes an idea may be too grand or a space too oddly shaped for us to visualize how to put it all together. This is where a landscape designer** may be helpful. These professionals are the "exterior decorators" of the outdoors. They can help in a wide range of outdoor projects whether it be redesigning a whole yard or helping incorporate one feature into your greater masterpiece. They also have an extensive knowledge of plants that will help you find the right color and texture for your yard with a plant that will be happy in that area's light and soil conditions. Before hiring a landscape designer, you should first consider what you want to get out of your yard/project. After this you can begin interviewing different landscape designers to find one that will work with your ideas.

**Frequently today the terms landscaper, landscape designer, landscape architect, landscape contractor are used synonymously. For ease we have chosen to use landscape designer as a "Jack/Jill of all trades" in this article. Keep in mind that these professionals may use the different titles. Also, keep in mind that sometimes your project will require a team of landscape professionals as they may be more specialized. For example, you may hire one landscaper who does only pre-design of the project and hires out the labor to another contractor. Contents: Introduction

Part I: Determining Your Yard Project

One of the major hurdles to your landscape design or redesign will be deciding on what you want to change. Many times the change options can be overwhelming. However, if you concentrate on limitations and functionality of your living space, you will be better prepared to meet with a landscape designer. Here is a basic checklist of things to consider before contacting a landscape designer:

• The most important first step you can take is to determine your budget. Be honest with yourself and set your limit in advance. Once you get started with a landscape designer it can be tempting to stretch your budget. Your landscape designer will appreciate knowing in advance what budget to work in, and your wallet will too!
• **To save money, some do-it-yourself warriors may hire a landscape designer for only a plan and do all the physical work themselves. Many landscape designers will do this and include a list of plants and types of building materials for your reference. Knowing your budget in advance may help determine if this is the best option for you.
• Next you will want to consider your time frame. How quickly do you want things done? Do you need things done by a certain time for an event such as a wedding? Or are you interested in a tackling one area at a time and can spread it out over months or even years? The latter may be considered by those who are interested in purchasing plans but may do most of the physical labor themselves.
• Consider what will be the function of the landscaped space. Are you interested in a gathering place for entertaining guests; a play area for kids and pets; a private hideaway; or a garden for growing flowers and/or edibles? You may even be interested in a combination of more than one of these uses. Also, if you don't use your back or front yard much now, it may help to consider how a change to the space will make you use it more. Or if you are not interested in using it more, perhaps how a change to the design will help with self-maintenance.
• After you have considered the function of your new space(s), you will want to consider any of the hardscapes. These are areas such as patios, decks, paths or anything else that may mean putting down cement, wood, pavers, etc. Knowing what you would like to use for some of these areas will help the landscape designer determine cost and possible layouts. There may also be the chance that the landscape designer will need to contract out some of this work and this effect the price and/or the timeline.
• Think about any particular plants you want to either keep or incorporate into your yard. If you have a tree you want to protect or transplant this can effect design and cost. Or if you want more privacy you may want to consider the growth rate, height and coverage of a particular plant or plant type.

Part II: What to Look for in a Landscape Designer

After you have considered your budget, timeline, function, etc., you will be prepared to contact landscape designers and start to collect estimates. Like working with any other contractor, you should get at least three or more estimates and compare the landscapers available. Do research, review contracts and credentials and make certain you get all your questions answered. Many landscape design projects will not come cheap, so doing your homework will be worth your time and money. Here are a few things to look for when hiring a landscape designer:

• You may want to start in locating a landscape designer by asking friends, family and neighbors who may have first hand knowledge of their work. You may also search the phone book or an online database. More and more you may find examples of their work posted on online websites which may help in your initial selection process as well. Finally, check with local nurseries in your area as they will more than likely know quite a few landscape designers (and they might be able to give some "reference" input as to their reputation as well)!
• When you contact the landscape designer, ask them to come out to your home and view your yard first hand. This way they can get a good idea of the layout of your land and give a more accurate estimate. It is also helpful if you have a list of criteria, gathered during your pre-planning, to give them as a guide to follow.
• It will also be beneficial to look at a couple of the projects they have done in the past. Preferably they will be projects similar to your project's size and style. Many landscape designers will have pictures available, however, if possible try to see a couple sights in person.
• Like with any other contractor, you will want to get a bid before moving forward. Again, having a rough outline of what you want to see accomplished will help the bidding process.
• Ask for references and call them! One of the common errors people make is that they ask for references but then never follow up. Granted, references are rarely dissatisfied customers. But their insight on how the whole project and process worked for them can be invaluable when working out any details for the contract.
• Review licensing and insurance information. If the landscape designer and their crew will be working on your property, you want to make certain they are covered by their insurance. Also make certain they are going to apply for or help you apply for any needed permits. Any contractor that says, "You don't really need that." should be quickly shown the door!
• Once you have decided on a landscape designer, get a written contract for the project. This should detail cost, payment agreement (never pay all in advance!), timeline, materials included, labor included and any warranties. Also, consider any changes to the timeline or cost in advance. How much of a delay is acceptable if the weather turns bad? Is there any leeway on material costs?
• Know the details of any warranty - make sure to determine what is covered under warranty and for how long. What happens if plants die, the fountain breaks, etc.? Who do you contact if your fountain stops working after two years?
• Detail any sub-contracted areas on your project. Who will be sub-contracted, what will they be expected to do and who will be in charge of resolving any questions if the work is not 100% satisfactory.
• Consider the size of plants that will be included in the project. Many nursery plants will not see their potential size until later - sometimes years later. Consider if you want to pay more for a more mature sized plant or change the plant chosen due to its size and growth rate. Go over this carefully in advance with your landscape designer!

So your yard is perfect. You don't need anyone to change a thing or add anything new. But there is that little task of maintenance. Do you have the time to keep your eden in tip top shape? If not, you may want to consider hiring landscape maintenance. Here are some things to look for when hiring for landscape maintenance:

• Before you call, make sure to consider exactly what you want to see done. Is it just weeding, mowing and raking? Or do you also need special maintenance for your pond or pool? Also consider a schedule. What tasks should be done on a weekly, monthly or seasonally basis?
• Ask friends, family and neighbors for references. Check to see if there are already landscapers who come to your neighborhood. Also check with local nurseries. Check the yellow pages or online directories.
• Get estimates! Have the landscaper come out and see your yard. Give them a list of the exact tasks you want to see done. This way they can better see the size and scope of the projects and give you a better estimate.
• Ask for references and call them! Check on to see if they are punctual, neat, thorough and easy to work with. Find out if there is anything you should be more specific on in the contract to avoid any miscommunication.
• Check for business licence and insurance. They will be working on your property, make sure they have their own insurance to cover any accidents.
• Make sure they are aware of and respect local laws. Are they aware of watering restrictions, burn bans, etc.
• If this will be a long term agreement, then make certain to get a written contract. Even for a one weekend job you may want to get a contract to make sure there are no questions about what is expected. As with any contract, the more details the better. Specify cost, payment, timelines, warranties and delays in service.
• Discuss if there is any warranty on their work. If they are taking care of your coy pond and all the fish die, who is responsible?
• Discuss the types of chemicals they may use on your yard. If you have children and pets playing in the yard there may be certain products you do not want used! Discuss the type of equipment they will use. Do they expect to use any of your equipment? Do they have equipment that is safe and properly running?
• Keep in mind that working with a landscape maintenance crew can be a dynamic rather than static relationship. Make sure you continue to get good service and communication is open and easy. If at any time you feel you are not getting your moneys worth or being understood, it is time to end the contract. Don't just accept that this is "just how it is" or "they know better than I do." It is a business deal like any other and you should feel comfortable that you are getting the services you pay for.

Conclusion

It can be fun being the week-end warrior and master of your outdoor domain. However, sometimes the projects you have in mind for your front and/or back yard can be a bit overwhelming. Consider hiring a landscape designer for part or all of the project. You will learn some great design and technique ideas from them and save your back a bit too!

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.

Perhaps you inherited property or purchased property as a new investment and now you are contemplating becoming a landlord. If you decide to rent an extra piece of property, you should know some ground rules. In this months article, 'How to be a Good Landlord,' we will discuss some of the basics that every landlord should know. We will discuss what it takes to be a landlord, what makes a good rental property, what are your responsibilities as a landlord, how to advertise your property, how to avoid legal pitfalls and how to evict a tenant if the relationship deteriorates. Overall, this is a short list, hopefully it will help you start with a little more direction and know-how.

Do you have what it takes to be a landlord?

The decision to become a landlord should not be taken lightly. Contrary to popular belief, this is not the type of job where you just sit back and watch the cash flow in. Regardless of the challenges, more than half of landlords are self-employed. Doing it yourself will mean you take on the responsibilities of a small business owner. You need to have great communication skills. You will be working with all types of people; sometimes even the difficult ones. Being an effective communicator in person and in writing is vital. You are an accountant. This includes everything from rent payments and deposits to repair and maintenance costs. You are a manager. You may have staff to train and watch over. Their professional behavior reflects upon you and your property. If they are inconsistent with your policies they can damage your business or even get you into legal trouble. You may also need to contract repair or maintenance jobs you cannot complete on your own. You will need to project manage these items through to completion. You are a marketing director. Getting your place advertised and your units filled is an ongoing challenge. Advertising also includes many legal regulations that you should know (more on this below). Your knowledge of this business should also include legal knowledge. Consulting a lawyer is recommended for anyone starting as a landlord, especially since every state has specialized landlord/tenant laws. But in addition to this, you will be responsible in making sure any staff or contractors you use also know the laws when working with tenants. You should be dedicated and patient. Being a landlord is a tough road to start. You should be prepared for hard work with a slow, trickle-in type of income, especially at the beginning. On average, a landlord should only expect about a 10% profit annually. The rest of the monies will be recycled into items such as mortgage payments, taxes, repairs, management costs, insurance, advertising and a rainy day fund (to name a few). There are tax breaks available to landlords, however, these are not enough to turn your profit margins sky-high. These qualities listed above will help you become a great landlord.

Perhaps there is a trait above that gives you pause. "I really don't want to manage all the accounting." or "I don't want to live onsite or nearby." All is not lost. You can hire a property manager. Doing so will cost you about 10%/month of any monies the property takes in. However, it can be a wonderful way to manage your business. When looking for a project manager, treat it like any other contracted service. Perform rigorous interviews, check references and make sure you have the same ideas about responsibilities of each party. Find out if they are insured, if they already have working contracts with maintenance and repair companies, and if they charge any extra fees for these contacts. Once you decide on a property manager, be certain to create a detailed contract covering all responsibilities. As with any of your other endeavors with your rental property, keep all your records and agreements in writing! Other professionals you may use to help manage your property include accountants, maintenance specialists, marketing directors and lawyers. Of course all of these will eat into your profit, but be honest with yourself and utilize these people when you need them. You can save yourself headaches down the road if you strengthen any weaknesses at the beginning.

What makes a good rental property?

When purchasing a rental property, there are some important questions to ask:

Do you have a enough for a down payment? Because rental property is viewed by lenders as a higher risk, you may be asked to put as much as 25-40% down on the property. Lenders calculate about 75% of your mortgage payment will come from renters. This leaves you with 25% to make up and even more if you cannot rent all the units. They may give you the option for a lower down payment at a higher interest rate. However, the higher interest rate may defeat any benefits.

Could you live on the property? If you use one of the units as your own residence this will help lower the risk factor for lenders. Lenders can offer a lower down payment and you can learn the ropes of being a landlord without being far from your investment.

Can you get the rent you need for the mortgage? Take a look at the neighborhood and compare the rental costs. Your rental rate needed to cover mortgage should not be too far above the market or you will lose your ability to rent units. - If you inherited or already own the property, you should consider if you can meet current mortgage payments. It may be more beneficial to sell the owned/inherited property and reinvest in another neighborhood.

Is the building up to code? Make sure to hire a home/building inspector before purchasing the property. Make sure the inspector is aware that you hope to rent the place as this may change some safety and code requirements. Take time to make yourself familiar with codes for your locality. This will help you ask better questions and understand any improvements you may need to make.

Is the property maintained? At first you may think it won't be a problem to repaint, re-roof, update the wiring and plumbing, etc. until your list becomes too long for the investment to be worthwhile. Again, hire a home inspector and make certain you know what needs repair and the estimated cost of repairs before you buy.

Is the property secure? Review reports on neighborhood safety. Check for ample lighting, especially at entrances and in parking areas. Make sure windows and doors are solid. Consider the cost to change all the locks and add window locks. Think about the security of your tenants in the property.

What are the responsibilities of a landlord?

Let's assume you are going to take on most of the business yourself and have found a wonderful property to rent. Now, what are some of the responsibilities you have as a landlord?

Tenant Screening: Your first interaction with possible tenants will be the background check that includes a financial review and calling references. Overall, you must perform background checks fairly. You should not do the check on one person and not on the other as this favoritism, or "trusting your gut feeling," is a disservice to all involved. You owe it to yourself, possible tenants and current tenants to perform fair background checks. For yourself, you can avoid headaches with tenants that don't pay the rent or have caused problems, such as costly repairs, in the past. For possible tenants, you may be providing that reality check - can they really afford your rental? For your current tenants, consistent background checks let them know you are looking after your investment giving them a sense of security. On average, working with an agency, this will cost you about $20 per check; an investment well worth the cost.

Clear, Consistent Communication: To avoid any misunderstandings, make sure all your interactions with tenants are clear.

• HAVE A CONTRACT! Make sure you supply the tenant with a copy of the contract so they may reference it if any questions arise. Review the contract with a renewing tenant and discuss any questions they may have over the language or meaning.
• Collect rent on a schedule. Keeping consistency with your tenants is imperative. If you are too lax one month, you may have a hard time collecting rent the next month. Or, if you are lax with one renter and not another you can create tension or even a legal issue.
• Always provide written notice before entering a tenants space. This varies from state to state. However, for good business practice and common curtsey, let the tenant know when you need to enter the property they call home.
• Use signs, flyers or other WRITTEN communication to inform tenants of policies and policy changes. Provide all tenants with copies and/or make clear postings around the complex.
• Serve notices and warnings in writing. Verbal notices will not protect you if a situation deteriorates. Make certain to give your notices in writing and make yourself available for questions or discussion. Serving a notice and then disappearing from sight does not offer clear communication and can aggravate a situation!

Provide a Safe and Maintained Environment: Every landlord should offer tenants a living space that is up to code, safe for habitation and in working order. Even if you decide to contract out maintenance services, you should provide your tenants with repairs in a reasonable amount of time. Make good relationships with contractors that understand the nature of the work and are willing to come out after normal working hours. Save money for a rainy day so you can pay for emergency repairs when they arise. Maintaining the property will encourage tenants to take pride in their home and maintain their surroundings. Also, strive to make your tenants safe. You cannot control all conditions. However, changing locks, providing ample lighting for parking and having emergency procedures written and distributed are a few of the ways you can keep your tenants safe.

How do you advertise a rental property?

Advertising a rental property is important for getting units filled. Today you can use everything from word of mouth to online sites to advertise your property. In larger cities, you may even use "finding agencies" or real estate agents/brokers to advertise. When advertising your property, keep a clear list of amenities and useful services in the neighborhood. When composing your advertisement you must watch your wording as you cannot exclude any demographic. There are many federal laws/protections that regulate how you advertise your rental. The fair housing laws make it illegal "To make, print, or publish, or cause to be made, printed, or published any notice, statement, or advertisement, with respect to the sale or rental of a dwelling that indicates any preference, limitation, or discrimination based on race, color, religion, sex, handicap, familial status, or national origin, or an intention to make any such preference, limitation, or discrimination." (Source: U.S. Code Collection - Cornell University Law School). In addition to this clause, many states and cities may also prohibit discrimination based on marital status and sexual orientation. Most landlords have good intentions to rent to all qualified tenants. However, there are certain ways of wording advertisements which may be perceived as discriminatory. For this reason, you should carefully choose your wording when advertising your rental property. Avoid words and phrases such as: prefer, suitable for, ideal for, ethnic neighborhood [or other cultural identifiers]. For a good list, take a look at the Pennsylvanian Human Relations Commission's Reading Between the Lines: A guide for housing and commercial property advertisements as they include a list of terms to avoid. Another resource for examples is the Guidance Regarding Advertisements Under §804(c) of the Fair Housing Act by the US Department of Housing and Urban Development. Keep in mind this good rule of thumb: always describe property, never describe people.

What are some legal pitfalls to avoid?

There are a lot of legal concerns when renting out property. As we have seen, the law influences advertisements of rentals. In addition to this, you create a contract agreement with your tenants every time you rent. Therefore, it is important to have sound legal advice as a landlord. Establish a relationship with a lawyer who you may hire for any contract questions or possible representation. No one ever wants anything to get as far as a lawsuit. So here are some ways to avoid legal pitfalls in the first place:

• Always perform background checks with every possible tenant.
• Call tenant references.
• Treat every tenant the same in process; never cut a corner for one tenant because of a "gut feeling" or personal relationship.
• Keep all notices in writing. 
• Keep all due dates consistent from month to month and from tenant to tenant. 
• Always perform background checks on any staff.
• Make certain all staff are trained. They should know what they can and cannot do for tenants. If they are handling rental paperwork or advertising, they should know fair housing laws.
• If you contract out maintenance work, make certain they treat your tenants professionally. Although they don't work for you full time, they do represent you since you hired them.
• Keep housing up to code and safe for living.
• Investigate any complaints against your staff immediately.
• If a situation arises, consult a lawyer. Know how to legally proceed before taking any action.

How do you evict a tenant?

Evicting a tenant is one thing all landlords would rather avoid. However, sometimes circumstances deteriorate and eviction is the only feasible solution. If you have tried open communication but cannot get the tenant to pay rent or obey rules of the property it may be time to start the eviction process. The rules behind evicting a tenant vary from state to state. It is therefore imperative you discuss your options with a lawyer. Indeed, for the best security, you may want to do the whole eviction process through your lawyer. Regardless of the ups and downs involved with evicting a tenant, make certain to always maintain a professional decorum. Do not allow personal emotions to collide as this can only lead to further legal issues. Keep all of you requests in writing. The first step to any eviction is to send a written notice for them to pay back rent, fix problem behavior or move out. For example, in some states you may send a Demand for Rent or Notice to Quit form to a tenant who is behind rent payments. Or you may send a Notice to Cure Breach of Lease to inform the tenant that they must fix behavior that is contrary to your rental agreement. A Notice Regarding Termination of Lease may be used in some states when there is no chance for reconciliation. For example, the tenant is involved in illegal activity on the premises such as drug trafficking. If problems have not be rectified after notices have been given, then a suit is filed against the tenant. Upon winning this, it is law enforcement personnel who deliver written notice when the tenant may remove their items from the premises. You should never remove a tenant's items yourself. Using the police will ensure that you cannot be accused of taking or damaging any of the tenant's property. Essentially, make certain to obtain legal advice, serve warning notices required by your state, keep all notices and communication in writing and use local law enforcement to help keep you protected from any accusations of unfairness.

None of the above is a substitute for legal advice. An attorney should be consulted.

FREE Rental Agreement Forms

In cooperation with our partners at Lawchek® and Lawsonline™, Homecheck is pleased to provide a sample Rental Agreement Forms for FREE. This is not a substitute for legal advice. It is never recommended that an individual undertake his or her own representation in such matters as real estate law, even though most states do permit such activity. Any individual who is serious about proper real estate transactions would want to have capable legal assistance. An attorney must be consulted.

• Blank Rental Agreement Form Example Rental Agreement Form
• Blank Apartment Lease
• Blank Notice to Quit "

This work is protected under the copyright laws of the United States. No reproduction, use, or disclosure of this work shall be permitted without the prior express written authorization of the copyright owner. Copyright © 2008 by LAWCHEK, LTD."

Resourceful Links

Fair Housing by CivilRights.org
www.fairhousinglaw.org 
The Fair Housing National Multimedia Campaign is designed to increase public awareness of the Fair Housing Act and its protections, encourage the reporting of fair housing discrimination to the appropriate agencies, and provide information and resources to help communities and institutions support individuals and families who exercise their fair housing rights.

Landlord.com
www.landlord.com
In early 1998 the decision was made to spin Landlord.com off as a separate entity, dedicated to providing services to landlords and other real estate professionals on-line.

National Fair Housing Advocate Online
www.fairhousing.com
The National Fair Housing Advocate Online is a resource designed to serve both the fair housing advocacy community and the general public with timely news and information regarding the issues of housing discrimination. Find local organizations to help with any Fair Housing questions: http://www.fairhousing.com/index.cfm?method=agency.search

National Fair Housing Alliance
The National Fair Housing Alliance (NFHA) is the only national organization dedicated solely to ending discrimination in housing.

US Department of Housing - Home & Communities
www.hud.gov/offices/fheo/
The Office of Fair Housing and Equal Opportunity (FHEO) administers and enforces federal laws and establishes policies that make sure all Americans have equal access to the housing of their choice. We can help you with your housing discrimination problem. If you feel your rights have been violated, let us know.

US Department of Justice - Fair Housing Act
The Fair Housing Act, 42 U.S.C. 3601 et seq., prohibits discrimination by direct providers of housing, such as landlords and real estate companies as well as other entities, such as municipalities, banks or other lending institutions and homeowners insurance companies whose discriminatory practices make housing unavailable to persons because of: race or color, religion, sex, national origin, familial status, or disability.