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Bankruptcy Law 101

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

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As of December 2007, bankruptcy filings are up 28% from last year and are expected to increase in 2008 due to the combined factors of high household debt and rising mortgage costs. American Bankruptcy Institute

This is the article that no one hopes to need and we would prefer not to write. The word 'bankruptcy' is weighed down by such doomsday words as failure, defeat, impoverishment...well, you're getting the depressing idea. However, it is not 'the end of the world' to declare bankruptcy. Instead of running away from this topic, it is time to demystify bankruptcy with a little 'Bankruptcy 101.'

What is bankruptcy?

For most people, bankruptcy is a way to get a fresh start after acquiring too much debt. Most individuals who file for bankruptcy will file under Chapter 7 or Chapter 13. Depending on which is filed, one may get most of their debt erased or work out a workable solution with lenders to pay off existing debt.

Are bankruptcy laws determined by Federal or State government?

Bankruptcy laws are made by the Federal government. States can pass laws that protect the "lender and debtor relationship" but they cannot regulate how a bankruptcy is processed or if it is to be granted.

Can all debts be erased?

No. Whichever type of bankruptcy is filed, there are certain debts that cannot be erased at all. These include alimony, child support, most student loans and legal judgments against fraud or criminal negligence such as a drunk driving accident. Some taxes may be erased, but not all. In fact, taxes have their own set of bankruptcy rules.

Do I need a lawyer?

When filing for bankruptcy it is important to find a bankruptcy lawyer who can help you navigate the process. Bankruptcy lawyers specialize in this area of law and are familiar with the distinct differences and effects of the process; they can be your greatest ally in a tough, seemingly bureaucratic system.

How long will bankruptcy effect my credit?

Bankruptcy will stay on your credit report for 10 years. There are ways to improve your credit rating and make yourself more appealing to lenders. For more information on this, check out this useful website: www.lifeafterbankruptcy.com. It is not an easy road back and those filing for bankruptcy should have a realistic expectation to work hard at their future spending practices.

Do I have to do debt counseling?

Yes. Under the new bankruptcy act passed in October 2005, it is now required that all persons applying for bankruptcy meet with a government qualified debt counselor first. After one has successfully filed for bankruptcy, the debtor must again meet with a counselor before the bankruptcy file will be closed.

What is Chapter 7 bankruptcy? (In a nutshell)

Chapter 7 bankruptcy is also known as a "liquidation of debt." A person can file for Chapter 7 every 8 years. This usually involves the liquidation of property to pay back debts. An appointed trustee sells all secured, non-exempt property for the debtor and distributes money raised among the lenders. Unsecured debts, such as credit card bills and most medical bills can be erased. This may mean the loss of secure debts such as a home. However, most states do have protections for debtors in place to insure they may keep life necessities such as clothing and some furniture. Retirement funds such as IRA's are also protected and debtors may keep these as well. After the changes to bankruptcy law in October 2005, many debtors may not get approved for Chapter 7 and be required instead to apply for Chapter 13. In short, if you still have an income and make more than the median for a household of your size in your state you may have to file for Chapter 13. To find out if you should be filing for Chapter 7 or Chapter 13, you can use a mean calculator like the one at legalconsumer.com. Again, this is where consulting a lawyer becomes very important.

What is Chapter 13 bankruptcy? (In a nutshell)

Chapter 13 bankruptcy is also known as a "reorganization of debt" or the "wage earners' plan." One can file for Chapter 13 more often as long as any previous filings are already closed. This is the bankruptcy for those trying to a find a way to get out of debt but still expect to pay off some of their debt. Generally speaking, if you still have a source of income and could make payments, just not the high ones you have now, you can be restructured into a debt payment plan under Chapter 13. This is the most likely to be used to try to stop a mortgage foreclosure. In this scenario, you can keep the house, car and more than you could under Chapter 7. There are limits to the amount of debt that can be restructured. If one is above those limits they would file under Chapter 11, however, the average American Joe/Jane is not in this category.

More Resources
US Department of Justice - US Trustee Program
www.usdoj.gov/ust/
A complete listing of approved credit counseling agencies is available through links on this Web page. [Listed by state.] www.usdoj.gov/ust/eo/bapcpa/ccde/cc_approved.htm
A complete listing of approved providers of financial management instructional courses is available through links on this Web page. [Listed by state.] www.usdoj.gov/ust/eo/bapcpa/ccde/de_approved.htm

American Bankruptcy Institute
www.abiworld.org
The American Bankruptcy Institute is the largest multi-disciplinary, non-partisan organization dedicated to research and education on matters related to insolvency. ABI was founded in 1982 to provide Congress and the public with unbiased analysis of bankruptcy issues.

Bankruptcy Abuse Prevention and Consumer Protection Act of 2005
www.govtrack.us/congress/bill.xpd?bill=s109-256

Bankruptcy Action
www.bankruptcyaction.com
The objective of this website is to provide the person, thinking about filing bankruptcy, the information he or she needs to make an informed decision.

Lawyers Listings
www.lawyerslistings.com/about.shtm
Our mission is to present to the Internet community an easy-to-use site in which to search for law firms and individual lawyers.

Life After Bankruptcy
www.lifeafterbankruptcy.com
On this website you'll discover everything I did to recover so quickly...and many other bankruptcy recovery and credit repair strategies you'll find nowhere else.

NOLO Bankruptcy Library
www.nolo.com
Nolo is your legal companion, empowering you and saving you money whenever the law touches your work, life or finances.

US Courts - Bankruptcy Basics
www.uscourts.gov/bankruptcycourts/bankruptcybasics.html 
Bankruptcy Basics provides basic information to debtors, creditors, court personnel, the media, and the general public on different aspects of the federal bankruptcy laws.

What can you do to prevent Bankruptcy?

  1. Continue to take care of essential bills first: mortgage/rent, taxes, child support, and utility bills.
  2. Eliminate frivolous expenditures. No more department store credit cards, cable TV, magazine and newspaper subscriptions, etc. Be honest about what you can live without with for a while. 
  3. If you own your home, consider a home equity loan to get rid of high rate debts such as credit cards.
  4. Watch your credit report. Close unused accounts, check for errors and resolve any questions with lenders immediately.
  5. Know the warning signs: -Are you using credit cards to pay off bills or credit cards? -Are you borrowing against unprotected debt? i.e. Are you borrowing from a credit card to pay the mortgage? When you see you are bouncing debt around and not making any headway, it is a good time to look at credit counseling.
  6. Warning about credit counseling: If you choose to do debt consolidation recognize that it will effect your credit score. Also, make sure you understand how the payments will work and if you can really make the payment - sometimes they are set too high!
  7. Avoid aggressive lenders. If you begin to get offers for loans that sound too good to be true - they are! There has been a big push to penalize aggressive lenders who only help people acquire more debt. However, they are still out there and you should be a careful shopper of any loans you take.

Preventive Maintenance Tips for your Home-Part 6

This month we will begin with Part A - tips for Spring.

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Welcome back to Rocky’s Corner! Last month we started Part 5 of an 8 part series of Preventive Maintenance Tips for your Home.

This month we will begin with Part A - tips for Spring. Every Spring-Part A

APPLIANCES:

  • Vacuum coils under or behind refrigerators and freezers.

 AIR CONDITIONING UNITS: Central Air Conditioning

  • Make sure the condensing unit located outside is not covered up with leaves, newspaper, etc.
  • Change or clean the filters regularly.
  • Be sure all access panels are secure, with all the screws in place.
  • Set the thermostat in the cooling mode.
  • Run your air conditioner for a few minutes now, before you need it.
  • Schedule a maintenance call before it gets hot to have a technician check the following items:
  1. Check for proper refrigerant (Freon) levels. A low level indicates a leak, to be found and repaired before adding Freon.
  2. Check all electrical components and controls.
  3. Clean evaporator and condenser coils, as needed.
  4. Oil motors as needed.
  5. Calibrate thermostat.
  6. Check condenser for cracks.
  7. Check filters.

AIR CONDITIONING UNITS: Evaporative Air Conditioning

  • Clean unit; check belt tension and adjust if necessary; replace cracked or worn belt.
  • Clean or replace air filter; clean condenser or evaporator coils and condensate drain; remove debris from outdoor portion of unit. AIR

CONDITIONING UNITS:  Wall and Window Air Conditioning

  • Have your unit checked out to make sure it is working properly before you need it.
  • Clean dirt, insects and debris from the grills and cooling fins.
  • Replace dirty filters.

ATTIC:

  • Make sure all your gable, soffit, and ridge vents are open to allow proper ventilation.
  • Make sure insulation covers the entire attic floor; look into hiring a professional to add more to meet recently updated building codes and reduce future cooling and heating costs.
  • Check to make sure your attic and/or whole house fans are working properly; consider installing attic or whole house fans.

CARBON MONOXIDE AND SMOKE DETECTORS:

  • Change batteries and check to make sure they are operating properly.

CAULKING AND GROUT:

  • Inspect caulking and grout around tubs, showers and sinks; considering replacing if necessary.

CLEAN CARPETING:

  • Have your carpets cleaned regularly to remove the dirt and grit that can wear them out prematurely.

DOOR SILLS, WINDOW SILLS, AND THRESHOLDS:

Fill cracks, caulk edges, repaint; replace if necessary.

DRAIN-WASTE AND VENT SYSTEMS:

  • Flush out system.

HEAT PUMP:

  • Lubricate blower motor.
  • If you didn’t have an annual check-up done last fall, schedule one now to have a certified professional to inspect the wiring, check belts (replace if needed), and oil the moving parts.

HOT WATER HEATING SYSTEM:

  • Lubricate circulating pump and motor.

PEST CONTROL:

  • Termites can cause thousands of dollars worth of property damage before the homeowner even realizes they have an infestation and other pests can threaten your family members and pets with bites and diseases
  • Contact a pest control specialist for a free inspection and evaluation of your risk; and for hiring a regular service to keep your home free of all pests; including insects and rodents.

SCREENS FOR WINDOWS AND DOORS:

  • Clean screening and repair or replace if necessary; tighten or repair any loose or damaged frames and repaint if necessary, replace broken, worn or missing hardware; tighten and lubricate hinges and closers.

WATER HEATER:

  • Every six months you should turn off the power source and drain it completely until it is clear of sediment.
  • Also inspect flue assembly (gas heater); check for leaks and corrosion.

ANTENNA:

  • Check antenna and satellite dish supports for possible leak source.

BASEMENT AND FOUNDATION:

  • Check grading for proper slope away from foundation wall. Inspect for cracks and moisture and repair if necessary.

DECKS, PORCHES AND EXTERIOR WOOD STRUCTURES:

  • Check all decks, patios, porches, stairs and railing for loose members and deterioration, such as cracks, splintering, decay, and insect damage; treat wood, set nails and repair or replace rotted boards, as needed.
  • If professionally cleaned, sealed and maintained, it should only be necessary to refinish and/or stain your wooden decks every two or three years.
  • It is also necessary that surfaces be thoroughly cleaned and dried before adding another coat of stain or protective finish.
  • Remove mold and mildew, fungus, tree sap, grease and bird droppings with the appropriate commercial deck cleaners (or homemade mixtures) and a stiff brushed broom.
  • Clean mildew and fungus by mixing one cup of chlorine bleach per gallon of water; scrub and rinse well. Sodium bicarbonate works well to remove dirt, mildew and the weathered gray residue from sunlight degradation.
  • Oxalic acid will remove metal stains around nails and dark tannin stains often found on redwood, cedar and oak.
  • Use care and follow manufacturers’ directions when using these products, wear eye protection, long pants, long sleeves and gloves; cover surrounding vegetation with plastic and rinse well.

DRIVEWAY CRACKS:

  • For asphalt, remove dirt and weed debris from cracks, spray with a high-pressure hose sprayer; treat with weed killer and patch with a special patching product.
  • For concrete, the only alternative for cracked driveways and garage floors used to be removal and replacement, but these days there are overlayments that may be professionally applied to cover surface cracks as long as the concrete is still structurally sound.

Join me next month for Part 7 of our series on Preventive Maintenance Tips for your Home. Visit us at www.freminshomeimprovement.com

Preventive Maintenance Tips for your Home-Part 8

We will conclude this series with tips for the fall.

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Every Fall

SMOKE AND CARBON MONOXIDE DETECTORS:

  • Change batteries and check to make sure they are operating properly.
  • Also consider installing a carbon monoxide detector if you don’t have any.

CLEAN CARPETING, UPHOLSTERY, DRAPERIES AND AIR DUCTS:  

  • Have your carpets, upholstery and draperies cleaned regularly, once every 12 to 18 months, to remove the dirt and grit that can wear them out prematurely.
  • Consider having the air ducts in your home cleaned if family members suffer excessively from respiratory infections, asthma or allergies; if there is visible mold growth inside ducts or on other components of your heating and cooling system, the ducts are infested with insects or rodents. Excessive amounts of dust and debris and/or particles are actually released into the home from your supply registers.

DRAIN-WASTE AND VENT SYSTEM:

Flush out system. HEATING:

Forced Warm Air Heating System

Before turning on your unit, make sure nothing flammable has been stored next to the furnace over the summer. Also, change the filters regularly. Be sure all access panels are secure, with all the screws in place. Be sure the thermostat is set in the heating mode. Run your heater for a few minutes to burn off the dust that usually collects on the heat exchanger over the summer (don’t worry, that smell is normal) and to make sure it is in working order before you need it. Arrange for service calls before the start of heating and cooling season to get better attention and have more flexibility when scheduling appointments. Consider hiring a pro to perform a furnace maintenance check-up, including these steps:

1. Inspect thermostat for proper operation.
2. Inspect filter and change or clean as needed.
3. Check all electrical components and controls.
4. Oil motors as needed.
5. Inspect heat exchanger for possible cracks, which would introduce carbon monoxide into the living space.
6. Check airflow. If diminished, it may be necessary to clean the evaporator coil and ductwork.
7. Check air fuel mixture, where appropriate.

Gas Burner 

  •  Clean burners and ports, or have them professionally cleaned.

Oil Burner 

  •  Have your oil burner professionally serviced; lubricate fan and motor bearings.

Thermostat

  •  Clean heat sensor, contact points, and contacts; check accuracy.

Heat Pump

· Schedule an annual service call to have a certified professional to inspect the wiring, check belts and replace if needed, and oil the moving parts. Arrange for service calls before the start of heating and cooling season to get better attention and have more flexibility when scheduling appointments.

Hot Water Heating System

  •  For steam heating, check shutoff valve for leaks and drain lower water cut-off per manufacturers’ instructions. Lubricate pump and motor; bleed air from radiators or convectors.
  •  Oil-fired Boilers
  • Hire a professional for annual maintenance including flue cleaning, a fuel-filter change, cleaning and adjustment of the jets. Arrange for service calls before the start of heating and cooling season to get better attention and have more flexibility when scheduling appointments.

DOORS AND WINDOW WEATHERSTRIPPING:

  • Check the weather-stripping around all doors and windows and replace it if necessary to reduce drafts. And the loss of heated air.
  •  Make sure the weather-stripping on the door between your garage and home is intact to reduce the risk of carbon monoxide poisoning.

FIREPLACE AND CHIMNEYS:

  •  The most important maintenance to do regularly is to have a pro clean your flue liners in order to prevent the build up of creosote.
  •  Have your wood burning fireplaces and stoves inspected annually and cleaned and repaired as required to prevent chimney fires, carbon monoxide poisoning and mortar and flashing failure.
  •  Water leaks can also cause your mortar to deteriorate prematurely.
  •  Consider installing a chimney cap to protect your chimney from water, debris and critters.

STORM WINDOWS AND DOORS:

  •  Inspect all windows and doors-replace any cracked or broken glass, tighten or repair any loose or damaged frames and repaint if necessary; replace broken, worn or missing hardware; tighten and lubricate door hinges and closers; check for broken or missing glazing.
  •  Consider installing a chimney cap to protect your chimney from water, debris and critters.

GARAGE DOORS:

  •  Clean and lubricate hinges, rollers, and tracks; tighten screws.
  •  If serious repair is required, consider replacing.

PEST CONTROL:

  •  Remember, insects and other critters would naturally prefer to come indoors out of the rain and cold, if possible, as winter sets in.
  •  Make sure all vents and other openings are covered and spray for insects along perimeter of house. ·

WATER HEATER:

  •  Every six months you should turn off the power source and drain it completely until it is clear of sediment.
  •  Also inspect flue assembly (gas heater); check for leaks and corrosion.

EXTERIOR CAULKING:

  •  Inspect caulking around exterior doors and windows, replace if necessary.

BASEMENT AND FOUNDATION:

  •  Check grading for proper slope away from foundation wall.
  •  Inspect for cracks and moisture repair if needed.

DECKS AND OTHER EXTERIOR WOOD:

  •  Inspect exterior wood for cracks, splintering, decay, and insect damage; treat and repair as needed.
  •  Keep decks clean, removing wet leaves and debris that can cause staining or encourage wood decay, mold and mildew growth.
  •  Having your deck professionally cleaned and sealed can add years to its life.
  •  Repair hinges and latches on your gates.

GUTTERS AND DOWNSPOUTS:

  •   Clear/install/repair gutters and downspouts and make sure the runoff is directed away from your home so it can not erode the soil around the foundation or run into your basement or crawl space.
  •  Install gutter accessories to divert water, channel underground drain lines into existing yard drainage or storm sewers, or consider installing a dry well at the end of the drainpipe to slowly distribute the water to surrounding soil.

LANDSCAPING: 

  • Cut back any trees or shrubs that are touching the exterior. 
  •  Check with a local gardening service or your county extension agent for information about appropriate measures in your area for fertilizing, thatching, aerating and reseeding lawn and controlling disease and insects in all your landscaping

PIPES: 

  • Check your pipes for rust or white lime deposits that may indicate a leak is starting, replace if necessary. 
  • Check for leaking around the outside hose bibs.
  •  Install insulation around outdoor water pipes to protect from freezing.

ROOF: 

  • Check for warping, aging, moss, and cracking making sure that shingles, shakes or tiles are sound; repair or replace as needed.
  •  Inspect the flashing around chimneys, skylights and vents.
  •  Seal cracks or openings where water could penetrate. ·
  • If you see significant damage or wear, consider contacting a roofing specialist to give you a bid on a roof replacement. · Do NOT cover air vents or turbines.

SIDING: 

  • Inspect siding (especially on the south and storm sides of the house) for evidence of deterioration, including cracks, splintering, decay, and insect damage; clean, treat and repair as needed.

o Brick and stone: check joints between wood and masonry. Waterproof or repaint if necessary.
o Wood: look for lifting or peeling paint, splitting wood or areas where the wood grain is separating. This is evidence that water is getting into the siding.
o Stucco: a chalky residue that rubs off on your hand is evidence of oxidation, a deterioration of paint or color coat that reduces stuccos’ insulating value. If the stucco is cracked, this allows water to get in around windows and doors.
o Trim: look for peeling paint on the fascia boards, windowsills and sashes that could allow water in to form mildew and fungus on the interior of your home behind curtains, blinds and window coverings.

This concludes our 8 part series on Preventive Maintenance Tips. I hope that you have enjoyed this series and that these tips will make for a more enjoyable home. Join us next time on “Hiring A Contractor.” Visit us at www.freminshomeimprovement.com

Landscape Your Paradise

How to Select a Landscape Designer

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

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

Part I: Determining Your Yard Project

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

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

Part II: What to Look for in a Landscape Designer

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

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

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

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

Conclusion

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

Eco-Friendly Home Improvement Tips

Every day people are looking for ways that they can make a difference.

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With all of the environmental problems our world is facing today, every day people are looking for ways that they can make a difference. Earth conscious individuals everywhere are recycling their paper, plastic and glass, purchasing hybrid and electric cars but what more can people do in their day-to-day lives to make a difference? When it comes to earth-friendly home improvement measures, you'd be surprised at the amount of "small stuff" you can do that really adds up in a big way. Here are a few of my favorite eco-friendly home improvement tips.

1.) Change a Light Bulb, Change the World: One of the smallest things you can do with one of the biggest potential impacts is changing one, single light bulb in your home from an incandescent to a compact fluorescent light bulb (CFL). According to the U.S. Department of Energy, if every American home replaced just one bulb, we could save enough energy to light more than 3 million homes for a year. That translates into savings of over $600 million in annual energy costs. Additionally, by changing just one light bulb, we could prevent the release of greenhouse gases equivalent to emissions of over 800,000 cars! That's incredible! While CFLs do cost a bit more up front, they last up to 10 times longer and produce about 75% less heat. The best part is, you don't need to buy all new lighting! CFLs can be used in most standard light fixtures. While the impact of every American switching one light bulb to a CFL is staggering, why not change a couple? It's recommended that a CFL be installed into any fixture that is used for more than 15 minutes at a time, including fixtures in the living room, bedroom and kitchen.

2.) Paint The Town Green: If you have a painting project on your list of "to-dos," consider using low or no VOC paints. VOC's (Volatile Organic Compounds) are low level toxic emissions that are released into the air during the painting process and sometimes, for years afterward. While zero VOC paints are ideal, these can cost on average, about $30 a gallon. If you are on a budget, low VOC paints are a suitable option, costing about the same as a regular gallon of paint. Many of these low and zero VOC paints are also odor free, which is a plus. You can also purchase low and no VOC stains and varnishes for your woodworking projects.

3.) If You Build It Green, They Will Come: When it comes to purchasing furniture for your home or apartment, it’s a good idea to be thorough when shopping around. I'm not just talking about shopping for the best price - I'm talking about shopping for the "greenest" manufacturer! Take bedroom furniture manufacturer, Lifestyle Solutions, for example. Lifestyle Solutions has its manufacturing process certified for compliance by the International Tropical Timber Organization (ITTO) guidelines for sustainable management of tropical forests. Every single product they produce is constructed from plantation-grown imported hardwood to help ensure a sustainable use of timber. Bedroom furniture manufacturer Vaughan-Bassett on the other hand, employs a One For Program, in which the company replaces every tree used in the manufacturing process, with a new one. By shopping with a more earth-friendly company, you feel especially good about your investment - and let’s face it, good furniture is definitely an investment.

4.) Clean Living: When you clean, have you ever stopped to look at the bevy of chemicals found in most household cleaning solutions? I always go by the mantra of "if you can't pronounce it, it can't be good." By using natural cleaning products, you eliminate both direct contact with your skin and you help the environment at the same time. Since most conventional dish and laundry detergents are petroleum based (non-renewable resource), with fragrance that contain phthalates (potentially harmful chemicals), you should try and use "fragrance-free" products and cleaning products with a citrus-oil base. Home-made concoctions are also great ways to clean a more eco-friendly way. Remove stains by soaking fabrics in water mixed with borax, lemon juice, hydrogen peroxide, washing soda or white vinegar. Baking soda can be used in place of traditional cleanser for cleaning countertops and stovetops. Try adding one-quarter cup of white vinegar or a tablespoon of lemon juice to a spray water bottle and clean your windows. By taking a pot of boiling water and flushing it down your drains, you help prevent drains from clogging. If your drain is already clogged, try a mixture of baking soda and vinegar. Sprinkle one fourth cup of baking soda into the offending drain and then pour a cup of vinegar, letting it sit for 15 minutes. Flush it out with boiling water and repeat as necessary. When it comes to the day to day tasks and basic home improvement, there are plenty of eco-friendly ways that you can make a difference. While some of these things might take some extra time and cost a little more money, it's probably worth it in the long run. More information at: http://www.BedroomFurniture.com

Flood!

How to prepare for, respond to and recover from a flood.

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Experience is sometimes an unforgiving instructor. At Homecheck we learned devastation caused by flood waters first hand when Cedar Rapids, IA was hit by a massive flood this past June (6/13/2008). Homecheck is parented by the company enlighten technologies™ which includes many other businesses in our family such as Lawchek®, LawyersListings, and HouseList, to name a few. Our headquarters on 1st Avenue in downtown Cedar Rapids was inundated with water after the Cedar River crested at 31.1 feet (19.1 feet over flood stage) to overtake 1,300 blocks of the city.* The first floor was completely lost and the second as well when water reached 4 feet on the upper level. A slow road to recovery, we have learned first hand the destructive power of flood waters. Reflecting on this experience and the items we have learned, we determined to write an article this month about what to do if a flood hits your home or business. We hope many of our readers never have to use the practical advice in this article.

*Specifics taken from articles: http://www.usatoday.com/weather/floods/2008-06-15-cedar-rapids-cleanup_N.htm; http://www.nytimes.com/2008/06/13/us/13flood.html?fta=y; http://en.wikipedia.org/wiki/2005_levee_failures_in_Greater_New_Orleans **Weather data: http://ia.water.usgs.gov/flood/flood.html

Before the Flood
It is not always possible to know when a flood will happen. It may be caused by an inundation of rain fall. Cities in Iowa were affected in this way when the Cedar and Iowa Rivers swelled with over 10 inches of rain in only one week.** This can then be compounded when man-made structures give way. This was seen in New Orleans when 50 levees broke during Hurricane Katrina.* So what can you do to protect your business or home before a flood happens?

• Find out about the land your structure is on. Does it sit on a flood plain? What is the threat level? Geologists or your county planning department will list these areas by the probability of a flood. For instance, Cedar Rapids has areas designated as 100 or 500 year flood plains. The flood in June was a 500 year flood. FEMA Offers flood maps detailing current flood risk. Simply type in your address and you can look at it online. You also have the option to buy a map, but as long as you are looking online, the service is free. http://msc.fema.gov/webapp/wcs/stores/servlet/FemaWelcomeView?storeId=10001&catalogId=10001&langId=-1

• Now that you know where your home or business stands, what kind of insurance is available? Talk to your insurance agent first. If you want to now more about insurance options, especially in higher risk areas, also check out the National Flood Insurance Program at www.floodsmart.gov/floodsmart/.

• Whether a household or a business, you should have an evacuation plan in place. Let family members and employees know what evacuation route to take if water is rising swiftly and an evacuation is ordered. For households you should include a place for everyone to meet whether it is a local shelter or a relative’s/friend’s house. Also, families should have an out of state contact that everyone may call to locate each other in case they are separated.

• Create an emergency kit to be ready at any time. Depending on the needs (home or business) some items to consider are:

  • Clean water (enough for at least 3 days for every person and animal – generally 5 gallons per person)
  • Nonperishable food for 3 days (don’t forget a can opener!)
  • Suitcase with an extra pair of clothes and extra blankets or sleeping bags
  • Baby Kit - Baby food, diapers and other supplies
  • Pet food, leashes, vaccination info for your pet – you may have to leave your pet at a local pet shelter if you are evacuated as emergency shelters do not allow pets 
  • First Aid Kit – try to include some extra prescription medications (not expired!) or details about any prescriptions so you can refill them if lost in the flood
  • Personal Hygiene Kit – sanitary wipes or gel, soap, toothpaste, feminine supplies, deodorant, etc.
  • Flashlights, radio or small TV, and batteries – you may also consider crank flashlights and radios
  • Some items to have on hand particular to a flood threat: insect repellent, rubber boots and gloves, and thick shoes

• Back up your documents! If you are evacuated due to a flood there are certain documents you will need for claims and getting back on your feet. Keep a copy of these documents with your emergency kit, at a safe location other than your home or both. At the very least these documents should include: insurance information, social security number, and medical records including any active prescriptions. It would also be a good idea to make a list of emergency contact information including family and friends as well as local and state numbers you may need.

• Prepare your business or home to resist flood damage. Suggestions include: install sump pumps with a back-up source of power, install backflow valves or plugs to prevent sewage entering the home, and make sure any fuel or propane tanks are securely and properly installed.

During the Flood

• Once a flood watch or warning is given call local authorities and let them know of anyone who may have special needs and cannot leave the flood area easily. It is extremely helpful for authorities to know who needs help evacuating if an evacuation becomes necessary. Ideally, have a friend or family member who will try to get this person out first if it is still safe to do so. This way there is less chance of separation.

• Get your emergency kit and keep it at hand in case of an evacuation. If you have some prep time before, fill up the gas tank to make sure you can go at a moments notice. If an evacuation is ordered there may be heavy traffic and you may need to go some distance to a shelter.

• Secure any items outside that might become hazards in water such as garbage cans, lawn furniture, grills, etc.

• If an evacuation is imminent: turn off the power and gas. If an evacuation is ordered, evacuate immediately. Use the route the authorities have given and make certain not to drive through flooded roads.

• If you are not ordered to evacuate, stay home and listen to any future announcements. Unless helping a family member or friend for a specific purpose, stay off the roads and out of the way of emergency crews. Going to watch is not helpful and can be potentially very dangerous.

After the Flood

• First you will want to contact your insurance company. Even if you are not covered for a flood, you will need to contact your agent. This is why it is important to keep documentation with your emergency kit. You need to know your company, agent (if applicable) and your policy number. In the case of evacuation, make certain to specify the address and phone of where you can be reached now. This may also be a friend or relative who can act as a point of contact if you are not immediately near a dedicated phone. They will set up an appointment to meet with you and discuss your losses.If they do not get back in a few days be persistent and call again, just keep in mind they may be overwhelmed with claims.

• Work with authorities about your return. Although this part can be extremely frustrating, in the case of major floods they will want to assess the safety of your return before you may enter any neighborhood or structure. Choose representatives, as in the case of Cedar Rapids the first look at the property was restricted to 1-3 people depending on location. The authorities may have also set up a grade system for the status of your structure. In Cedar Rapids there were green, yellow and red signs letting owners know whether a structure was safe to enter, enter only with caution or too dangerous and deemed a total loss.

• Once it has been deemed safe by the authorities for you to return, start the process of sorting your property. Do not throw out all items as you will need your insurance agent to see these. However, if the items are considered too toxic to keep around, get pictures and samples of the items before disposing of them. Make sure to take all precautions necessary before entering a flood damaged building! Click here for more details.

• Take many pictures of the inside and outside of your structure before cleanup. Photograph any standing water, items that have to be disposed of immediately and general survey pictures of each room. Also, take pictures of the items that will have to torn out such as the walls, floors, etc.

• Make a list of all damaged and lost items. This will help when you work with your insurance agent to process your claim. With your agent you will make a Proof of Loss. This statement is your testimony to the damages suffered. It should be filed within 60 days unless circumstances have allotted more time. Once this is filed with your insurance company your claim will be processed, however, it may take some time if the area was hit especially hard.

After the Flood: Home and Family Recovery – Working with FEMA

• FEMA stands for the Federal Emergency Management Agency. As they state on their website they define their type of disaster assistance as “money or direct assistance to individuals, families and businesses in an area whose property has been damaged or destroyed and whose losses are not covered by insurance. It is meant to help you with critical expenses that cannot be covered in other ways. This assistance is not intended to restore your damaged property to its condition before the disaster.” In essence they are there to help those who could not or did not get flood insurance.

• Items FEMA will cover are: temporary housing in the instance of evacuation or unlivable conditions, repair for what the insurance company will not cover (this is just until the home is safe, not necessarily with the same materials as before), and permanent housing construction. This last is only available to those who cannot get flood insurance at all due to location.

• FEMA can help with recovery costs that are not directly related to the home. These additional expenses can only be claimed if you live in a disaster area as designated by the President, you have already filed with your insurance company and find you are not covered, and you have serious needs directly related to the disaster. Some of these costs listed on the FEMA website include:

  • Disaster-related medical and dental costs.
  • Disaster-related funeral and burial cost.
  • Clothing; household items (room furnishings, appliances); tools (specialized or protective clothing and equipment) required for your job; necessary educational materials (computers, school books, supplies).
  • Fuels for primary heat source (heating oil, gas).
  • Clean-up items (wet/dry vacuum, dehumidifier).
  • Disaster damaged vehicle.
  • Moving and storage expenses related to the disaster (moving and storing property to avoid additional disaster damage while disaster-related repairs are being made to the home).
  • Other necessary expenses or serious needs as determined by FEMA.
  • Other expenses that are authorized by law. http://www.fema.gov/assistance/process/assistance.shtm

• You can reach FEMA by calling 1-800-621-FEMA (3362) or TTY 1-800-462-7585

• When making any claim, you should have the following at hand: your social security number, current and damaged address, current phone contact, insurance information, household annual income, routing number to your bank to receive funds, and a detailed description of the losses.

• You may be referred by FEMA to SBA which offers low-interest disaster loans. “Homeowners may borrow up to $200,000 for disaster related home repairs. Homeowners and renters may borrow up to $40,000 to replace disaster-damaged personal property including vehicles.” However, you can not receive duplicated aid already received from FEMA.

• To find currently approved disaster areas you can go online: http://www.fema.gov/news/disasters.fema

After the Flood: Business Recovery – Working with SBA

• SBA stands for the Small Business Administration which has a specific branch for disasters the Office of Disaster Assistance (ODA) that offers federal low-interest, long term loans for “homeowners, renters and non-farm businesses.” An Economic Injury Disaster Loan (EIDL) is available to small businesses specifically geared towards helping with day to day expenses so a business may continue to operate.

• SBA can release disaster loans if one or more of the following conditions are met: Presidential Disaster Declaration, • • Agency Physical Disaster Declaration (based on a minimum amount lost), Governor Certification Declaration, Secretary of Agriculture Declaration, Secretary of Commerce Declaration, or Military Reservist Economic Injury Disaster Loan (for businesses that lose key personnel who are called to active duty).

• For Physical Disaster Loans which help replace an uninsured or under-insured property, an inspection team from SBA’s ODA will review the site and claims.

• Applicants do have to show some reasonable ability to pay back the loans. However, since they are low-interest and can be as long as 30 years, they are easier to qualify for than standard loans.

• Especially with real estate, the SBA’s ODA will continue contact with the borrower to make certain construction is on schedule and funds are being used appropriately.

• You can reach SBA by calling 1-800-659-2955 8am-9pm EDT. Or email them at disastercustomerservice@sba.gov.

More Information

FEMA and the American Red Cross have made a pamphlet entitled Repairing Your Flooded Home which is available as a PDF. A great resource, page 55 has a very useful emergency contact list as well.

  • Click here for Repairing Your Flooded Home by FEMA and the American Red Cross (PDF)

Additional pointers from Homecheck:

  • Cleaning Up after a Flood (HTML)
  • Battling Mold after a Flood (HTML)

Some Ways to Help Our Neighbors

Downtown Cedar Rapids, Iowa on Sunday, June 15, 2008 after the waters have started to recede.

Aidmatrix Network - Iowa
The Safeguard Iowa Partnership and the Iowa Disaster Human Resource Council have partnered to provide the Aidmatrix Network, an easy way to make monetary and product donations to the nonprofit organizations that are assisting in the response and recovery efforts following recent disaster events in Iowa.

Cedar Rapids Czech & Slovak Museum
www.ncsml.org
The National Czech & Slovak Museum & Library staff and board continue to work through the challenges of flood recovery. Our five museum buildings are cleaned out and secure. Visitors from across the country have been calling to plan summer visits. Some have already made their way here and are shocked and dismayed to find a sight they never expected - boarded up buildings, sandbars in the garden, and piles of debris. We are assuring them we will survive and be back in business, but it will take time. To us it's surprising there's still a world out there that doesn't know about the flood!

Cedar Rapids Public Library
Our public library lost all of the first floor which included books and magazines for adults.The children's book section was mostly recovered. They are currently looking for temporary space: "07 July 2008 - Librarians are compiling a list of books and other materials that the CRPL’s book distributor will hold until the library has a place to put them. The books will arrive pre-processed, which means that staff will be able to shelve them immediately, saving an enormous amount of time. Once the list is compiled, individuals will have an opportunity to select a book from the list to donate. “Many of our patrons and supporters have been asking what they can do. This will be a way to help rebuild our library,” says Glise. “By fall, we hope to have a wish list available.”

Corridor Recovery
Corridor Recovery is a not-for-profit partnership between government, civic, business and faith-based organizations, created to respond to the Flood of 2008. As the flood waters peaked, Corridor Recovery quickly became the primary resource for materials and information for Linn County and Cedar Rapids. We provide resources for local governments and agencies to distribute flood-recovery information to the public in a critical time of need, and to coordinate volunteer efforts in the clean-up and recovery process.

Greater Cedar Rapids Community Foundation
www.gcrcf.org
The Greater Cedar Rapids Community Foundation opened the Flood 2008 Fund on June 15. The Flood 2008 Fund is for flood relief and recovery donations. One-hundred percent of financial donations to the fund will support response, recovery and rebuilding efforts throughout the Cedar Rapids-metro and surrounding communities. The first priority will be to work with local nonprofit organizations to support individuals and families affected by the floods. The GCRCF is committed to helping individuals, families and the nonprofit community recover and rebuild from the catastrophic flood.

Embrace Iowa 2008 Disaster Fund
Embrace Iowa is a program of statewide outreach by the Des Moines Register. Since it already has an established logo, identity, and donation tracking mechanism, the Iowa Disaster Collaborative is using the Embrace Iowa website as one way for donors to make a donation and learn more about the 2008 Iowa Disaster Fund.

Iowa Commission on Volunteer Service
If you are interested in helping in a particular area of the state, please use this section of our Web site to get in touch with local officials, who are collecting a list of where and when volunteers are most needed.

University of Iowa Foundation
For those wishing to support the University as it struggles to recover from flood-related damage not covered by insurance or other resources, we encourage contributions to the UI Flood Relief Fund.

Sources for this article which include even more detailed information:

Center for Disease Control
CDC.gov (www.cdc.gov) is your online source for credible health information and is the official Web site of the Centers for Disease Control and Prevention (CDC). CDC is committed to achieving true improvements in people’s health. CDC applies research and findings to improve people’s daily lives and responds to health emergencies—something that distinguishes CDC from its peer agencies. Working with states and other partners, CDC provides a system of health surveillance to monitor and prevent disease outbreaks (including bioterrorism), implement disease prevention strategies, and maintain national health statistics. CDC also guards against international disease transmission, with personnel stationed in more than 25 foreign countries

FEMA – Federal Emergency Management Agency
http://www.fema.gov/
FEMA has more than 2,600 full time employees. They work at FEMA headquarters in Washington D.C., at regional and area offices across the country, the Mount Weather Emergency Operations Center, and the National Emergency Training Center in Emmitsburg, Maryland. FEMA also has nearly 4,000 standby disaster assistance employees who are available for deployment after disasters. Often FEMA works in partnership with other organizations that are part of the nation's emergency management system. These partners include state and local emergency management agencies, 27 federal agencies and the American Red Cross.

National Flood Insurance Program
http://www.floodsmart.gov/
Congress established the National Flood Insurance Program (NFIP) to address both the need for flood insurance and the need to lessen the devastating consequences of flooding. The goals of the program are twofold: to protect communities from potential flood damage through floodplain management, and to provide people with flood insurance.

SBA – Small Business Administration 
http://www.sba.gov/
The U.S. Small Business Administration (SBA) was created in 1953 as an independent agency of the federal government to aid, counsel, assist and protect the interests of small business concerns, to preserve free competitive enterprise and to maintain and strengthen the overall economy of our nation. We recognize that small business is critical to our economic recovery and strength, to building America's future, and to helping the United States compete in today's global marketplace.