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Some Myths and Realities about Real Estate Appraisals and Appraisers

Assessed value should equate to market value.

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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

Winter Safety Tips

Whether celebrating a holiday or snuggling next to the fire.

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Winter brings many different holidays and celebrations. During these various festivities we host dinners or gatherings and may have many house guests. And so up go the decorations! Decorating your home can be fun. However, many times we are putting up items we may not be familiar with and have lost their various 'How to' booklets years ago. We are cramming our space with such fun, festive items that we may not think much about how to display these items safely. If you have children, pets, house guests, or crazy, exuberant relatives around the house this winter holiday season, you may want to consider some general safety tips. Even if you aren't hosting an event but will be using winter items, such as a fireplace, this article will have a few helpful tips for you. We know you are busy, and the last thing anyone wants to do when planning a party is to think about all the details! Thus, here is simple, quick safety checklist for your winter fun!

Below is our checklist of things to watch for during winter activities and holidays. The winter season is a time that safety should be considered. Just look at these facts and figures from the National Fire Protection Association: In 2002, there were 240 Christmas tree fires in U.S. homes, resulting in $11.4 million in direct property damage. During 2001, an estimated 18,000 home fires started by candles were reported to public fire departments. Fourteen percent of the candle fires occurred in December. This is almost twice the 8% monthly average. During 1999-2001, candles caused an estimated annual average of 16,300 home structure fires. These fires resulted in 140 civilian injuries and $289 million in direct property damage. In 11% of the December candle fires, the fires began when a decoration caught fire. This was true in only 3% of the fires during the rest of the year (Source: NFPA's One-Stop Data Shop). Please take a moment to review some safety tips. Then enjoy a safe holiday and winter!

SNOW!

  • If you must be outside, wear plenty of layers of clothing. Don't over-exert yourself. Make sure you wear a hat, because the largest amount of body heat is lost through the top of the head.
  • Sunscreen: the sun's rays can still cause sunburn in the winter, especially when they reflect off snow!
  • If weather warnings suggest a severe wind chill or extremely low temperatures, consider avoiding outdoor activities until the weather improves.
  • Ensure that each member of your household has a warm coat, gloves or mittens, hat, and water-resistant boots.
  • The rule of thumb for older babies and young children is to dress them in one more layer of clothing than an adult would wear in the same conditions.
  • Be aware of symptoms and treatment for hypothermia, snow blindness and frostbite.
    Hypothermia: Complaints about being cold and irritability. Uncontrollable shivering. Impaired or slurred speech or vision. Clumsy movements. Blurred vision. Severe symptoms can include stiff muscles, dark and puffy skin, irregular heart and breathing rates and unconsciousness.
    Snow Blindness: Eyes become sensitive to light. Pain in eyes or forehead. Gritty feeling in the eyes. Frostbite: Superficial frostbite that looks like gray or yellowish patches on the skin, especially, fingers, toes, face, ears but can occur on any exposed skin. The first symptoms are usually numbness or itching and prickly pain. The skin remains soft but becomes red and flaky after it thaws. Deep or Severe Frostbite looks like waxy and pale skin and feels cold, hard and solid to the touch. The areas turn blue or purple when thawing and large blisters may appear when the area warms up.
  • Shoveling Snow: If you have a history of heart trouble, check with your doctor before grabbing that snow shovel and clearing the driveway or sidewalk. Don't shovel snow just after you eat. Don't smoke while shoveling. Pace yourself. Snow shoveling is a strenuous exercise that raises both your pulse and blood pressure. Treat shoveling like an athletic event: warm up before you start, and stretch during and after shoveling. Concentrate on using your legs instead of your back. Bend your legs and keep your back straight. Take breaks. And don't work until you are exhausted. If your chest feels tight, stop immediately.
  • Teach children never to touch metal during cold temperatures.
  • Children should never play on snow piles near parking lots or on the road side. Make sure children never go near snow plows or areas being plowed.
  • Sledding: Keep sledders away from motor vehicles. Children should be supervised. Keep young children separated from older children. Sledding feet first or sitting up, instead of lying down head-first, may prevent head injuries. Use steerable sleds, not snow disks or inner tubes. Sleds should be structurally sound and free of sharp edges and splinters, and the steering mechanism should be well lubricated. Sled slopes should be free of obstructions like fire hydrants or fences, be covered in snow not ice, not be too steep (slope of less than 30º), and end with a flat runoff. Avoid sledding in overcrowded areas.
  • Skiing/Snowboarding: Never ski or snowboard alone. Young children should always be supervised by an adult. Older children's need for adult supervision depends on their maturity and skill. If they are not with an adult, than they should at least be accompanied with a friend. Consider wearing a helmet. Equipment should fit. Skiers should wear safety bindings that are adjusted at least every year. Snowboarders should wear gloves with built-in wrist guards. Slopes should fit the ability and experience of the skier or snowboarder. Avoid overcrowded slopes.
  • A winter storm WATCH means a winter storm is possible in your area. A winter storm WARNING means a winter storm is headed for your area. A blizzard WARNING means strong winds, blinding wind-driven snow, and dangerous wind chill are expected. Seek shelter immediately!

Travel

  • When leaving for a long time: Make certain to get your mail held by the post office. Also get your paper stopped. Have a neighbor or family stop by and check your house once a day. Set timers on lights, indoor and outdoors. Make sure your outdoor sensor lights are in working order.
  • If you have a security system make sure it is fully armed. Let anyone checking on your house know how to unarm and reset it if they will be entering your home. Check all windows to make certain they are locked. If traveling out of state, make certain to review weather reports and construction reports before starting your trip.
  • Keep windows up and doors locked at all times.
  • Keep a half a tank of fuel; this will prepare you in case you run into long holiday traffic or weather delays.
  • Put together a winter-driving kit, including a pair of gloves, a warm hat, and a blanket.
  • If a blizzard traps you in your car: Pull off the road, set hazard lights to flashing, and hang a distress flag from the radio aerial or window. Remain in your vehicle; rescuers are most likely to find you there. Conserve fuel, but run the engine and heater about ten minutes each hour to keep warm, cracking a downwind window slightly to prevent carbon monoxide poisoning. Exercise to maintain body heat but don't overexert. Huddle with other passengers and use your coat for a blanket. In extreme cold use road maps, seat covers, floor mats, newspapers or extra clothing for covering--anything to provide additional insulation and warmth. Turn on the inside dome light so rescue teams can see you at night, but be careful not to run the battery down. In remote areas, spread a large cloth over the snow to attract the attention of rescue planes. Do not set out on foot unless you see a building close by where you know you can take shelter. Once the blizzard is over, you may need to leave the car and proceed on foot. Follow the road if possible. If you need to walk across open country, use distant points as landmarks to help maintain your sense of direction. (Tips provided by FEMA)

Guests

  • If visiting another home, keep in mind they may not have children and therefore may not have everything out of reach that should be. Always keep a close eye on children when visiting someone else's home. Even if it is a familiar home, their holiday decorations may have changed the landscape enough that it will be a whole new environment with potential hazards for children.
  • If leaving children with a babysitter make sure they are prepared with all the needed numbers and contacts. Make sure sitters are aware of any holiday/special rules for the house; i.e. no running around the Christmas Tree.
  • If guests will be smoking, provide them with large, deep ashtrays and check them frequently. Keep out of reach for children and pets.
  • When attending a party, always designate a non-drinking driver.
  • If you are the host of a holiday gathering, be sure there are non-alcoholic beverages available for guests who are driving. Stop serving alcohol well before the party is over. Bring out coffee, more alcohol-free drinks and more food.

Gifts

  • Choose toys appropriate for age, ability and skill for children. Children under the age of 10 should only get electrical toys that use batteries rather than ones that plug into the wall.
  • Read instructions for children's toys carefully before letting them run off and play.
  • Government guidelines specify that toys for children under three years of age cannot have parts less than 1 1/4 inches in diameter and 2 1/4 inches long.
  • Remove strings and ribbons from toys before given to young children.
  • fter gifts are opened make sure wrapping paper is cleaned up as some bags may prove to be suffocating/chocking hazards.
  • Make sure wrapping paper doesn't get too close to the fireplace.

Food Safety

  • Thoroughly cook all meat products.
  • Thaw meat in the refrigerator - not on the counter.
  • Thoroughly wash all raw vegetables and fruits.
  • Keep raw and cooked foods separate. Make sure to use different utensils when preparing them.
  • Wash your hands frequently. If working with "little chefs" making holiday treats, make sure they wash their hands often as well.
  • 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!
  • Foods that require refrigeration should never be left out more than two hours.
  • Do not add new food to a serving dish that h0as been sitting at room temperature for more than two hours.
  • 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.
  • Clean up early after a party. Plates left out and around may have bad food that can make children sick or can become a chocking hazard.
  • If you choose to make eggnog with whole eggs, heat the egg-milk mixture to at least 160°F. Refrigerate at once, dividing large amounts into shallow containers so that it cools quickly.
  • 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.
  • Use leftover turkey meat, bones, stuffing, gravy and other cooked dishes within two to three days.

Fireplace Safety

  • Fireplaces should be cleaned annually, preferably by a professional chimney sweep.
  • Keep fireplace screens/doors closed when fire is lit.
  • Make sure to open the flue before lighting a fire :)
  • Make sure no decorations are near the fireplace before lilting.
  • Use only wood that is properly seasoned to reduce creosote build-up.
  • Wrapping paper burns fast and intense. Do NOT use wrapping paper in the fireplace.
  • Keep any fire starts out of the reach of children. These are often very dangerous if ingested.
  • When burning artificial logs, burn only one at a time. They produce too much concentrated heat for some types of fireplaces.
  • Don't use water to extinguish a fire. It can crack the bricks in your hearth. Let the fire burn itself out.
  • If using portable/space heaters, keep them at least three feet from anything that can burn.

Decorations

• Decorations 

  • Avoid sharp decorations where small children and pets may reach them.
  • Do not get decorations that look like food or candy when small children are present.
  • Get down on your hands and knees and examine your decorations before your pets do.
  • If there is just too much mischief for them to get into make certain you can make the room off-limits. If using spun glass (angel hair) make sure to follow directions fully. Make certain it is out of the reach of children and pets.
  • Keep holiday plants such as mistletoe, holly berries, and Christmas cactus away from children and pets. Poinsettias can make pets very sick.
  • These materials should never be used for holiday decorations because they are inherently combustible: bamboo, cedar trees/branches, corn stalks/shucks, cotton or confetti (loose, in large quantities), dry moss/leaves, flammable powders/liquids, hay/straw (loose or baled), paper streamers (serpentine), plastic sheeting/pellets, sawdust, tumbleweeds, and wood bark/shavings.

• Candles

  • Do not use candles on Christmas trees or evergreen trimmings.
  • Use non-flamable 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 or break open drip streams of hot wax.
  • Do not leave children unattended around candles and matches/lighters.

• Lights

  • Turn off all lights before going to bed or leaving the home. It is an even better idea to turn lights off when they are in a room that is unattended.
  • Whether new or old, always check your lights before hanging them anywhere. Check that bulbs are all working well and not cracked. Also looked for any damage to wires or socket connections.
  • urn off lights before replacing bulbs or fuses.
  • Do not put indoor lights under carpets or behind curtains. Make sure they are away from foot traffic and are not stepped on.
  • Keep cords and lights away from small children and pets.
  • Make sure to only use lights certified for outdoor use outside! If using lights from last year, make a habit of storing outdoor items together so if the labels are lost you still know which is which.
  • String lights through hooks or insulated staples. Do not use nails and tacks.
  • Outdoor lights should be plugged into circuits with ground fault circuit interrupters (GFI) to avoid shocks.
  • Where lights are connected together outdoors, keep the connections dry by wrapping them with friction tape or plastic.
  • Do not overload electrical outlets. Look for manufacturer's recommendation. General rule is no more than 3 strings of lights for each extension cord.
  • Do NOT use electric lights on a metallic tree.
  • When removing lights, never tug! Remove them as gently as they were strung up!

• Trees & Evergreen Trimmings

  • If purchasing a live Christmas Tree, check to see that the tree is fresh. The tree should be green, the needles should not break off easily, you should have to pull the needles to remove them. When you tap the tree against the ground it shouldn't be shedding needles. Also, there will be resin visible on a fresh tree bottom.
  • When you bring your tree home cut the bottom so that fresh wood is exposed. This will allow for better water absorption and keep the tree from drying too quickly. Also make certain to keep the tree stand basin filled with water; something that can be easy to forgot since it is not part of your normal routine!
  • Choose a sturdy tree stand designed not to tip over.
  • If purchasing an artificial tree look for one labeled "Fire Resistant." Note the resistant, artificial does not mean fire proof! Place your tree away from heat sources such as fireplace or space heaters.
  • Don't place your tree in high traffic space. You don't want someone to trip and topple over the tree!
  • Trim your tree with non-flamable decorations, such as tinsel or plastic ornaments. However, watch tinsel as cats like it, but it is not at all good for them! Be very careful if your pets have access to the tree that decorations are not tempting to them.
  • Keep green trimmings away from heat sources. They are great for railings or doorways, but not good for table center pieces if there are candles there as well!
  • Tree and trimmings should be removed as soon as able once the holiday season is over. You don't want a pile of dry evergreen sitting in a corner waiting to ignite!

Clean to Green

Spring clean your way to the ultimate garage sale!

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The days are longer, the temperatures are becoming pleasant and our energy levels are up as we begin to stretch out of our winter hibernation - spring is here! Time to harness some of the new energy and get the spring cleaning out of the way. Although some demigods may have immaculate households and not heed this tradition, most of us do have a bit (or more) of collected clutter and dust around the home. Spring cleaning is a great opportunity to remove dust, mold, toxins and clutter from our households. And as we clean, we notice a pile emerge of unused and unwanted "stuff." This gathered hoard of old décor, books, electronics and exercise gadgets should not be squirreled away for another year! Instead, incorporate into your spring cleaning the determination to get this "stuff" out the door through a garage sale (real or virtual) or off to charity.

Spring Cleaning

Spring cleaning for most households is a family tradition. According to the contributors to Wikipedia, evidence of spring cleaning can be seen in ancient civilizations - from the Jewish tradition of cleaning the house before Passover to the Iranian "khooneh tekouni" or "shaking the house." Many Americans grew up in households where there was a yearly purge of dust and "bad air" from the winter months. This too comes from earlier times when fires of coal and wood were the primary source of heat and rural households sometimes bundled down with the livestock indoors. For this reason, some argue that spring cleaning is not a necessity with our modern furnaces, solid windows and cleaner spaces. Consider this a time then to do the very best cleaning of all your living spaces, appliances and work areas. We all skimp on cleaning out the fridge or stove, now is the time to hit these areas thoroughly. Below we have listed some common items to clean during this sweep. For a more detailed list to help on your cleaning, we have also provided a "Spring Cleaning Checklist."

Common Spring Cleaning Tasks:

Dust ceilings, walls, corners, light fixtures, base boards, vents, and furniture

Wipe down walls, light-switches, outlets, doorknobs and handles

Clean blinds, curtains, drapes, window sills and windows

Clean doormats, bathmats, and area rugs

Shampoo the carpets

Clean the hardwoods and vinyl

Dust and wipe down furniture, cabinets, shelves and countertops

Clear the clutter and get items back where they belong

Consider items for a garage sale, charity run, or dare to think it - re-gift it!

Remember to click here for a detailed Spring Cleaning Checklist! WORD | PDF

Other important items (while your at it):

  • Update important documents in safe or safety deposit box
  • Update emergency plans and phone trees
  • Review emergency plans with family members
  • Review all medications in your household for expirations
  • Review first aid kits - these don't last forever and you may need to replace some items or the whole kit Also review any other emergency kits
  • Test and change batteries in smoke and carbon monoxide detectors

Garage Sale

Now that you have cleaned your house, you have gathered "stuff" that you no longer use, need or want. Your gathered hoard of goodies will probably include:

  • Unwanted décor
  • CDs / DVDs / Games
  • Books
  • Dishes / Glasses / Cups
  • Kitchen Gadgets/Small Appliances
  • Exercise Gadgets
  • Craft Goods
  • Small Electronic Devices

Now what?

Getting ready for a garage sale can be a daunting task and should be handled with the same planning and care you would give to a major event - just try to keep it fun - you're planning for a big block party where you get to meet your neighbors and make some money! Here are some basic guidelines:

  1. Take inventory of your gathered hoard: :Literally list the items as you place them in boxes/bags until the weather is nice for the sale. This will help you organize items. It is very helpful if you begin this process during your spring cleaning.
  2. Consider items for charity: If you have some highly valued items, such as gently warn winter coats or clothing, consider giving some of these items to charity. You may try to sell most items and then give the leftovers to charity. However, don't use your local charity as a dump - be realistic and keep only usable items for these organizations.
  3. Set a date: Choose a day where you can rest well the night before and commit your full energy the day of the event. Keep the big day reasonable - if you are not a morning person - don't open a garage sale at 8am. With the right advertising you should be able to set your hours and stick to them.
  4. Be firm on your choices: If you haven't used an item in a year, then it is a very good chance you won't use it again. Let go of any emotional attachments to items - even if you mother gave you that clock you never use you can let it go. Instead, keep the more personalized items like photos or something handmade. Every gift is not a treasure! Remember - it was the thought that counted - not the unworn tie!
  5. Know the going rate: Review other garage sales in your area to see how similar items are being priced. Check online for prices on trade sites such as eBay.
  6. Showcase your items: Hang clothes, put small items in baggies, etc. Keeping your selection clean and neat will help buyers decide quickly. Also, label all of your prices. One box of "10 cents each" may be okay, but try to keep most items clearly priced and labeled.
  7. Advertise and make signs: These days advertising a garage sale is not only done in the paper. You can post announcements to online localized sites such as Craigslist and even most Penny Savers have an online option as well. When you make your signs keep them clear, big and simple. Make certain to take them down as soon as your sale is over.
  8. Change from the bank: Before the big day make sure to get some change for the cashbox. Decide beforehand if you will accept a checks and under what conditions or for which particular items.
  9. Prep your sale table: Besides your cashbox, prep your sale table with bags, newspaper to wrap fragile items, paper and pens, maybe a few good munchies and some items for you to do during any slow lulls.

Online Garage Sale

Now perhaps you have items left over from your garage sale or prefer to sell from the comfort at your computer desk at your own pace. Just keep in mind that selling items online will require more time as you write descriptions, place photos and run to the post office. If you have the patience or enjoy the idea of a virtual garage sale, these sites will help you get your unwanted items moving out the door! Amazon Marketplace: If you are a bit of a bibliophile and need to thin your collection, the

Amazon Marketplace can be a great option to sell used books, CDs, DVDs and more. Keep in mind that to list is free, but there are fees when an item sells. Considered more user-friendly than similar sites, it is worthwhile to check it out. http://www.amazon.com/gp/help/customer/display.html?nodeId=1161232

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 were 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/

Etsy: Buy and sell handmade items - a great source for crafters and home artisans of all medias. This site allows you to sell your talented pieces or purchase others for less than gallery prices. http://www.etsy.com/

JunkDepot: An online clearing house where you can list your items for sale. To list is $.99 per item and there is a 6 month limit to your posting. http://www.junkdepot.com/

Oodle Classifieds: An online classified search machine that searches 80,000 sources. You can also post your classified adds as well. http://www.oodle.com/

Sell.com: Another online classified site that allows you to list items for sale - a basic add is free and there are no transaction fees once an item sells. You can get a few more bells and whistles for a cost. http://www.sell.com/

Silkfair: Another online trade site that strives to make your life easier with fewer fees and an easy to use interface. A good alternative to check out if interested in selling or buying items online. http://www.silkfair.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

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.

Slab verses crawl space

Some are built on a slab, and others have crawl spaces. Is one better than the other?

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Q. We are looking at new homes in South Carolina, and we noticed that some are built on a slab, and others have crawl spaces. Is one better than the other?

A. Traditionally, houses in South Carolina have been built on raised foundation walls to keep the structure away from the ground, but with the advent of newer technologies, more and more builders are choosing to build homes with concrete slab foundations. Briefly, a house with a crawl space has a wooden floor built on foundation walls and piers that can be anywhere from about two to six feet off the ground depending on the slope of the lot. In this type of house, the utilities such as plumbing, electrical and HVAC can be run under the floor, and are accessible for repair or renovation. The crawl space has fresh air ventilation, but is closed to insects and animals. This type of construction requires stairs for access. A slab-built house, or patio home, is built directly on a reinforced concrete slab foundation. This slab rests directly on the ground, and the utilities are run under the slab and brought up into the structure wherever needed. The heating and air ducts are routed through the attic in most cases. This type of construction requires no stairs for access. With a house built up off the ground, modest amounts of water entering the crawl space during rainstorms is not usually a problem, because it runs right through or evaporates through the fresh air vents. With a slab house, there is very little tolerance for water draining against the structure, because it will find its way into the house. If you are considering buying a patio home, pay careful attention to the lot drainage. The choice between the two types of construction is largely a matter of personal preference unless someone in your family has difficulty climbing stairs in which case, a slab-built home would be your best choice. Regardless of which type of house you choose to purchase, it would be wise to get a thorough home inspection from the most competent inspector in the area.

Chimney caps, yes or no?

Our home inspector recommended that we install a chimney cap on the older home that we are buying.

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Q Our home inspector recommended that we install a chimney cap on the older home that we are buying. The chimney has not had a cap in it’s 60 plus year life, so why put one on now?

A In my practice as a home inspector, I always recommend the installation of chimney caps. Chimney caps serve a variety of purposes. They keep animals such as birds, squirrels and rodents from entering the chimney and in some cases the crawl space. A 60 year old home may have had an oil-fired furnace in the crawl space or basement which would have been vented through the chimney. The vent pipe opening provides direct access for critters. It is not unusual for rodents to crawl down through the chimney into the crawlspace seeking a warm place to nest. Chimney caps also keep out rain and debris such as leaves that can collect in the flu. Chimney caps also serve as spark arresters. Most caps are not expensive, and your local chimney sweep can recommend the one that is best for your chimney.