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.

Winter is here, and if that utility bill is high, you are probably already troubleshooting problem areas of your home. One of largest contributors to drafty rooms is a lack of insulation. Insulation is designed to stop air passage through ceilings, walls, and the floor. The intention is to keep the right air where you want it in each season. Obviously, the windows and heating source are also important to maintaining an overall energy efficient program, but having the right insulation is a key factor.

In existing homes, it can be difficult to go back and insulate after the fact. If attic space allows, you can blow-in insulation. Under-floors and in-between walls can be difficult as well. Even with your best efforts, there is bound to be some location that is hard to reach. What if you had a product that you could apply from the exterior?

Sound a bit like science-fiction? SFGate highlighted the ingenious concept of Nansulate this past November. It is a paint-on insulation that suspends specially engineered particles with low-conductivity in an acrylic base. The particles are water-resistant, making the paint a weapon against mold and mildew. Unlike traditional fiberglass insulations, this new product is non-toxic and environmentally friendly.

So how green is this product? The company promotes it as a major breakthrough in green endeavors. Not only does it contribute to creating more energy efficient homes, but they also make this statement regarding the safety of the ingredients: "Nansulate® coatings contain none of the ingredients contained on the EPA listing as Class I or Class II Ozone Depleting Substances, nor do they contain any ingredients on the listing for Global Warming Potential (GWP) that are non-ozone-depleting." The company is anxious to become accepted into the green marketplace. "We are pleased to see that our Nansulate coatings are becoming a brand name in the sector of Green Nanotechnology," stated Francesca Crolley, VP Operations & Marketing. (Nano Science and Technology Institute)

Sounds like a pretty good idea, but is it affordable to the average homeowner? Surprisingly, it is actually quite affordable. At $66 for 150 sqft of coverage, it is an inexpensive alternative to other forms of insulation. Especially if you take into account the ability to avoid opening up walls or crawling under houses. The paint can be applied with a brush, sprayer, or roller. It is applied to walls, windows, pipes, and water heaters, and can even be applied over existing paint.

Because this is a fairly new product and its composition is so different from traditional insulation materials, it is hard to do a straight-across-the-board comparison between the two. So far, however, those who have already used it report a 20-40% savings on their utility bills.

A relatively new product, the company is working hard to bring awareness to its presence. I, like many, was initially skeptical. It sounds a bit too easy to be effective. They offer several case studies to promote its efficiency, but each of us will probably have to try it firsthand before we are believers. It definitely sounds like it is worth trying-out. Fairly easy to install, why not see how it can help your energy efficiency this season? Request free estimates from a skilled painting contractor in your area to see what this product can bring to your home. More information at: CalFinder Remodeling

These days you can find a web site that covers anything. Included in this trend are home improvement web sites. Some of these helpful sites may be related to a television program (as discussed in our April article 'Home Improvement Television'). However, there are also many that are mostly web based that offer great home improvement hints, tutorials and visual aids. Below is a list of some of these web sites. We have included the web site message to the consumer, our short review and our ranking of the practical features (such as navigation) to the right. Web sites are listed in alphabetical order. Hopefully you will find some information here that may help you on your next home improvement project! About.com Home Repair http://homerepair.about.com/ Web Site Summary: [About.com contains areas maintained by experts in the field; the only description we found about this section was about the expert.] Bill Lewis is a professional electrician. He has also been a carpenter, a contractor, an editor, a publisher and an urban planner. Bill focuses in this site on repairs and improvements with an eye to saving money and adding value. Homecheck Summary: Helpful articles about various projects and home repair issues. A good article reviews the pros and cons of do-it-yourself work. Overall the articles are quick and to the point. No illustrations are offered but the advice is good and well written. Would like to see more topics and visual aids. Al's Home Improvement Center http://alsnetbiz.com/homeimprovement/ Web Site Summary: Als Home Improvement Center is the site for do it yourself and how to tips covering all aspects of residential home repair, home improvement, remodeling, and renovation projects around the house. Featuring tips, advice, how-to articles and step-by-step information to help you maintain and improve the value of your home. Homecheck Summary: Random. This web site is primarily made up of links to other home improvement sites. However, there are some written guides and tutorials. The web site itself is basic in appearance and has few visual aids. However, some of the tutorials do offer step by step pictures. The site may be hit and miss but does seem to have some hidden gems. Ask the Builder www.askthebuilder.com Web Site Summary: Once you are in my new cool web site, here is what you will find: Over 400 Step-by-Step Guides- these contain the extra content, how-to instructions, links to manufacturers, etc. that the newspapers didn't have the room to print when they ran my original columns. Numerous TV Video Clips - watch me show you new products and cool tricks on how to do things. Over 150 Radio Shows - These radio shows have been stripped of the boring commercials. Each show is broken out into the individual callers. I explain in great detail how to do things as I talk to callers. You can listen to the segments or shows as often as you want. Each week I add the latest radio show for your listening pleasure. Email Questions and My Answers - Live questions from visitors just like you along with my responses. [This description is what a premium, paid for membership includes, some of these materials are available for free on the web sit as well.] Homecheck Summary: This web site does offer some good articles about home improvement. A paid for membership will give the user access to much more. Good content in the articles and Q&A, but not very many visual aids. Some of the material is for geared towards those with advance knowledge of home construction. A good site to review and would be even better if you want to pay for the membership; check out what a paid membership get you, click here. Better Homes & Gardens www.bhg.com Web Site Summary: BHG.com is focused on decorating, building and remodeling, crafts, entertaining, cooking, and gardening. It also has extensive information for women and families. In addition to providing useful tools and advice, BHG.com's trusted experts keep visitors up to the minute with information on the latest developments and trends around home and garden. BHG.com was designed with real people in mind. It has easy-to-use interactive tools; clear visuals; specific, step-by-step instructions; and money saving suggestions. It makes life easier and more enjoyable. Homecheck Summary: One of the first things you'll notice are the pop up ads on every page; incredibly annoying and overused! This site does have home improvement and restoration articles available online. However, the articles are brief and some do not have pictures. The Tools & Guides are useful and easy to use. These tools include planning the layout and painting rooms to calculators for figuring out the cost of materials in advance. Overall this site is better for stimulating decoration and remodeling ideas but does little to tell the do-it-yourselfer how to tackle these projects. BobVila.com www.bobvila.com Web Site Summary: Online and on the job site, home improvement pro Bob Vila helps homeowners build their dreams. Homecheck Summary: This web site offers a lot more information than just TV listing times. It is easy to get around, however, there is so much information available the choices at first can be a bit overwhelming. Articles are very practical and thorough, fix its include diagrams and photos, and the videos are a great way to review topics if you missed the television show. Design tools and the bulletin boards do require a sign up, but it is FREE! These tools are great and easy to use. Overall this site is one of the most informative and generous internet sites offering expert advice. DoItYourself.com http://doityourself.com Web Site Summary: N/A Does list a great deal of quotes from media sources and what they say about the site. Homecheck Summary: This web site really uses the point and click method. Once inside, most of the pages show all possible selections at once leaving the user to scroll and review at will. For shopping this works best. Once in the home improvement section, each topic has How To, Q&A and Tips. All are written concisely and use some pictures when applicable. Some How To's are more informative than others. Depending on the topic, users may find not all their questions answered as the subject may only have an introduction/summary instead of a full tutorial. More diagrams and drawings for some of the How To sections would be nice as well. Finally, a collection of manufactures and suppliers are listed by area of expertise or in advertisements throughout the site. (For professionals interested, listing on these pages begins at $30.) DoItYourself Network www.diynetwork.com Web Site Summary: DIY Network is your television source for the latest do-it-yourself projects, including Home Building; Home Improvement; Automotive & Boating; Crafts; Gardening; Living; and Woodworking. Informational and entertaining, DIY's programs and experts answer your most sought-after questions, plus offer creative projects that will inspire you to do something out of the ordinary - yourself. DIY's web site, DIYnetwork.com, features step-by-step instructions for all that you see on-air, totaling more than 15,000 projects online. Homecheck Summary: The tutorials do point out the television show times. However, if you miss the show, a step by step detail with pictures from the project are available online. Not all the show reviews are meant to be tutorials of how-to but instead are examples of what may be accomplished; a sort of idea bank. Overall the tutorials are clear and easy to follow. There are also some project planners available, but these are borrowed from the Lowe's web site. Home Decoration Concepts www.homedecorationsconcepts.com Web Site Summary: Homedecorationconcepts.com is a site that has been built to ensure you have all the information you want when you build your own house. The information presented here covers various aspects of home decor ranging from individual articles on decoration bedrooms, kitchens, bathrooms etc to general articles on furniture &furnishing the house. The site even provides you with articles based solely on how to paint and maintain your house. In short, Homedecorationconcepts.com can be your first step towards your dream house! Home Depot www.homedepot.com Web Site Summary: The Home Depot is the world's largest home improvement retailer and second largest retailer in the United States. We help our customers build their dreams by being more than a store. Learn about Home Depot and our other subsidiaries that specialize in everything from flooring, lighting and interior decor to landscape supply. See how we're making your community a better place to live. Find a career with a Home Depot company or invest in your future as we drive to establish wealth and financial security for our investors. Homecheck Summary: An extension of the store, this site is intended to sell products. However, it also has some tips and ideas for using the products available. The tutorials on this site do come with difficulty rating and photographs of the project steps/procedures. An easy tool included in the tutorials is a printable shopping list so you may know exactly what you need (and where to buy it!) for any project. The only downside is the planning tools are brand based and only show painting color schemes, shelving layouts, etc. using one particular brand. Home & Garden TV www.hgtv.com Web Site Summary: At HGTV.com, you'll find even more of what you love about HGTV: instructions for thousands of home and garden projects, video tips, an interactive Program Guide and episode finder, Calculators, Message Boards and more. Just click on your favorite topic—Decorating, Remodeling, Gardening, At Home, Crafts—to learn the latest on enhancing your nest. And be sure to visit the HGTV Store for unique home and garden gear. Homecheck Summary: The How-To tutorials are great. They take you through step-by-step with audio and visual review. After watching the segment you may print out written instructions as well. It does work best with a high speed internet connection. Only negative comment is we wish there were more! But these are sponsored by Lowe's and users may always click on the advertisement to go to their library as well. The Home Improvement Web www.the-home-improvement-web.com Web Site Summary: The New Home Improvement Web Directory - Tips, Design, Decorating, Repair and Improvement Information For The Consumer and Professional! Find Improvement Tips, Products, Professionals, and Services in Canada, United States, and United Kingdom! Homecheck Summary: Some great articles about home maintenance and repair. However, there are no illustrations. Many of the articles are submitted by other web sites/sources, but the quality of the articles seems to stay about equal. HomeStore.com www.homestore.com Web Site Summary: Homestore, Inc. is a leading supplier of media and technology solutions that promote and connect Real Estate Professionals to consumers before, during and after a move. Homecheck Summary: This site is primarily geared to those looking for realtors, homes, apartments and other real estate listings. To find home improvement articles go the Home & Garden tab at the top right. Here you may find decorating and some guides to home improvement projects. The tutorials are borrowed from the Creative Homeowner text and include great pictures with the step by step guide. Finding the tutorial you are looking for can take a little time through the different menus. It is easy to click on another feature and be taken to another site; although the new site is owned by the same group, why you went there may not be clear at first. Again, do-it-yourself home improvement is not the main feature of this site so unfortunately there are not as many articles and projects; but the articles it does offer are easy to follow and have good visual aids. HomeTime.com www.hometime.com Web Site Summary: Welcome to Hometime.com your online source for home improvement, remodeling, and repair information. Here is where you’ll find project advice, information about current and past TV episodes, behind-the-scenes Hometime information and a variety of products to help you with all your project needs. Homecheck Summary: This site has project advice, information about the show and a variety of products to help you with all your project needs. Also find lists of vendors and their contact information for materials you see used on the show. The how-to tutorials on the web site are basic. Check out the archives to find past episodes that relate to your own projects. Copies of programs can be bought and usually cover one individual tutorial or the whole series related to construction of one house project. Home Tips www.hometips.com Web Site Summary: Home Tips is your free one-stop resource for help with home improvement, remodeling houses, home repair, decorating, and buying appliances and other home products. Homecheck Summary: This site has some lengthy articles and some quick summaries. Very few pictures and a lot seems to point towards purchasing material through the site. That is not to say the information isn't valuable; many of the articles/buyer's guides offer good reviews of the materials available to the consumer. There is a section of D-I-Y Instructions that offers a bit more insight. But again would like more step-by-step, illustrated instructions. Lowe's Home Improvement www.lowes.com Web Site Summary: [Well the closest we could find!] Lowe's has been Improving Home Improvement ® for more than 59 years. In 2005, Lowe's earned several notable industry distinctions, including: Ranked 43 on the FORTUNE 500; Named 2003, 2004 and 2005 ENERGY STAR Retail Partner of the Year; Operates more than 1,100 stores in 48 states Homecheck Summary: Offered by the retail store as an extra feature, the primary goal of the site is to get information about and/or purchase products for sale. Prompted for your Zip Code, this information is used so you may search for products available in your area (this includes plants!). Navigation is easy, however some pages heavy with images may take longer for some computers to load. Most of the tutorials suggest certain products, which is to be expected. However, these tutorials do still prove to be helpful and diagrams are provided for more complex tasks. Check out their 'In-Depth Microsites' for more information and online tools such as the Garden Planner. The Garden Club has really useful tools with great information about plants. Overall, this site does prove helpful to the home improvement weekend warrior. Michael Holigan's Your New Home www.michaelholigan.com Web Site Summary: Michael Holigan’s Your New House, seen on broadcast stations and cable by more than 2 million viewers every week. We promote tips and advice on how to build, buy and remodel the home through our TV show...serve as a source of expert advice and information for consumers on topics relating to: New home construction, The purchase and financing of new and existing homes, The purchase and financing of manufactured homes, Residential remodeling, Home improvement Homecheck Summary: Tutorials are available through online copies of show transcripts or broken down into step-by-step online tutorials. The use of photos help illustrate the steps of the projects. If you have a good connection you may also watch video excerpts from the show. All around great advice and direction. Just can't wait for there to be even more topics available. MSN House & Home http://houseandhome.msn.com/ Web Site Summary: [Could not find one for this section, but everyone is pretty familiar with MSN.com for which this is an extension.] Homecheck Summary: Tutorials and content is provided by Better Homes and Gardens. Articles are short and to the point. Most have drawn illustrations. Start Remodeling www.startremodeling.com Web Site Summary: StartRemodeling.com’s Roots began in 1997 as an interactive sales tool for Lone Star Specialty Remodelers, a Houston, TX based remodeling contractor, in business since 1982. The site, still owned and operated by Real Remodeling Professionals, was transformed in 1999 to bring visitors to the Internet an informative and easy to navigate site that will allow them to locate anything and everything they may need to improve their homes. Homecheck Summary: Some good short articles and how-to's are in the Interior and Exterior Showcases. The remodeling values article is a nice hidden gem as it was the first we saw of someone illustrating how that major home improvement project may effect the resale value of your home. Overall, the articles are bit hit and miss and could use more visual aids, but there are some definite gems to look over in the archives. This Old House/Ask This Old House www.thisoldhouse.com Web Site Summary: Homeowner Know-how: Our extensive database of do-it-yourself articles and step-by-step instructions help homeowners execute a wide range of home improvement tasks. Organized by topic, this section covers everything from kitchen and bath to yard and garden. Homecheck Summary: Some free tutorials available online. However, most information is only available to magazine subscribers ($4.93/3 issues & presumably much more through online access). The guides that are offered for free are well written, have great photographic visuals and are easy to follow. It may make the subscription worth it to those who want expert guidance and help. TrueValue www.truevalue.com Web Site Summary: True Value, operating worldwide, has been a leader in the hardware industry since 1948. With its broad and deep product selection and helpful customer service, True Value is a trusted resource for do-it-yourselfers in big cities and small towns alike. Homecheck Summary: The web site for the retail store, this site has some good directions for home projects and improvements. The tutorials are very detailed. Drawn pictures serve as visual aids; it would be nice if there were more of them for some of the projects listed. Well written and easy to follow articles. Don't forget to check out the expert Q&A where you may submit questions or review the archive or questions asked. Toolbelt Diva http://media.home.discovery.com/fansites/toolbeltdiva/toolbeltdiva.html Web Site Summary: As the feisty host of Discovery Home Channel's new series Toolbelt Diva, Norma pairs up with female homeowners to tackle a variety of home-improvement projects. Toolbelt Diva proves that any woman can take on just about any home-improvement project, and it also has plenty of information and insight for the man of the house as well. Homecheck Summary: A fun twist to the usual home improvement shows, this tv show's web site also offers video clips and written guides reviewing projects handled on the show. Wish there was more material available online as the topics covered are still rather limited.

No matter whom you talk to that is involved in a home sale transaction, whether it be the owner, buyer or real estate agent, everyone has a certain amount of reservation concerning a home inspection or “termite” inspection. But why, all that it entails is basically a visual inspection of the home and a short written report, right? So, who’s afraid of the big, bad home inspection? Everyone it seems!

Let me start by making an obvious observation. For most all of us, the single biggest investment we will make in our lifetime is the purchase of our own home. Not only is it an investment that we can’t have go sour, but we must make a comfortable, safe place out of the dwelling to protect and grow our families that we can live in happily and call “home”. And when we’ve outgrown or want a new/different home, we need to realize the equity we have built up in the property to help us purchase our next “home”. “OK”, you say, “I know all of this. What has this got to do with being afraid of home inspections?” Everything, actually, because it is well known that buying or selling a home is probably the second biggest stress we will encounter in our life. All the uncertainty and suspicions begin to “bubble to the surface” as the home sale process grinds on which skews our thinking, and sometimes our common sense. So, let’s look logically at what a home inspection has to offer for each participant in the home sale process. I want to start with the home owner who is thinking about moving and about to list his/her property for sale, because usually they are the ones that think they have nothing to gain from, and everything to loose from a home inspection. Nothing could be further from the truth.

No matter what “shape” the owner feels his/her property is in (good, bad or in between), the smartest thing they can do is spend the few dollars necessary for an accurate home inspection and “termite” inspection. Spending these few dollars in the beginning will save you major dollars and stress in the end. Possessing this information prior to listing your home for sale not only enables you to plan, but to price your property accurately. The information gleaned from the reports allows you to take care of any repairs that you feel you want to on your time schedule, and to obtain bids from various contractors for repairs you don’t want to tackle yourself, which could save you a lot of money in the process. When you do list your property for sale, you do so empowered with the knowledge that you know of, or have taken care of any repairs, and, you can go into negotiations with the buyer straight on because you have a “heads-up” on what the condition of your home is. This negotiating strength will allow you to realize as much of your equity as possible to be used to purchase your new home. Most real estate agents will appreciate this situation also because it takes most all the uncertainty and stress out of the equation, because, normally the inspection results are revealed shortly before escrow is to close and there is no time for obtaining bids or alternative actions, which can result in a “blown” deal with everyone unhappy.

Most everyone thinks that a home inspection and “termite” inspection are only for the “protection” of the buyer. That is only partly true. Sure the inspections are ordered to reveal any unknown/undisclosed issues. But, the buyer didn’t order and pay for the inspections to make the property out as garbage! The buyer likes and wants to spend and invest their hard earned money on the property and want to make it their “home”. As a prospective purchaser of a home and property, you want the inspection(s) to validate your decision to purchase that piece of property. You want to know what you are buying. You, of course, want to know what the big issues are, if any, but you also want to know the little things that will be an irritation or money drain before you sign the contract of sale. You want to make up your own mind as to what is acceptable as is, and what is not and needs to be negotiated with the seller. And just about as important, the home inspection is actually your first in depth “get acquainted” look at your new home because it covers information on so many of the homes’ components, systems, utilities and their locations. But even that is not all, if your home inspector is like most concerned inspectors’, he is your source for information you can turn to long after the close of escrow when everyone else involved in the deal has disappeared.

OK, I’m to the real estate agent and what the home inspection and “termite” inspection has to offer them. How about peace of mind? How about the good feeling inside that you have put together a home sale in which both the buyer and seller are happy and there is not going to be a bad case of “buyers remorse” now that escrow is closed? How about the fact that you are looked up to as an agent that demands full disclosure and still can close the deal BECAUSE EVERY BODY KNOWS WHERE THEY STAND AND WHAT THEY CAN EXPECT OUT OF THE DEAL! In the years I have been involved in inspecting homes, I can’t tell you how many times I have seen buyers follow through and close a sale of a home with major issues because they not only like the home, but because they are fully aware of its’ short comings and are mentally prepared to take it on. With truth and knowledge everyone comes out ahead. As I’ve been preaching for years, your buyer today is your seller tomorrow.

So in closing, there is absolutely nothing to fear from a home inspection or “termite” inspection except fear itself. These are “tools” to be used in a positive way to bring about a positive home sale experience, if you choose to use them in that way.
Ron Ringen owns and operates Ringen’s Unbiased Inspections, which is located in Sonora, California. Ringen’s Unbiased Inspections serves the beautiful gold country of California that includes the foothills and Sierra Mountains in the counties of Tuolumne, Calaveras and Amadore. Ron has been involved with the Structural Pest Control business for 43 years and has been a licensed Structural Pest Inspector in California since 1968. Ron is a licensed General Contractor (B) in California and has been since 1977. Ron is certified with the American Institute of Inspectors as a Home Inspector, Manufactured/Modular Home Inspector and a Pool and Spa Inspector.

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.

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

Before you Give

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

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

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

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

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

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

When You Give

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

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

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

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

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

Signs of a Scam

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

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

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

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

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

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

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

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

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

Other Ways to Give

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

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

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

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