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Interior Design

What to Look for in Interior Design Schools

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The interior design industry is growing and is expected to grow 17% by 2014.* Those interested in this career should have strengths in interpersonal communication and project management. Interior designers work on a regular basis with business and home owners, architects and various trades professionals from carpenters to electricians. Planning these projects will take good communication and the ability to plan around various schedules. Interior designers should also have an artistic and creative mind. Many times they will need to "think outside the box" to make a space work with both function and aesthetic design. Most interior designers work through the following steps: assess the needs of the client, make a plan for review, calculate the estimated cost, select materials to be used on the project, contact architects and other trade professionals if needed, set a timeline, and coordinate all materials and labor for the project thru to completion. It is quite a list, but many enjoy the challenge all the same. Does interior design sound like something you would enjoy? Then time to sign up for classes! This month we look at interior design schools, what to look for in the school and where they are located in your state. Perhaps it is time to begin that new career.

Part I: What to Look for in Interior Design Schools

The recommendation is that those interested in interior design get a postsecondary degree for most entry level positions. Besides a school education, many interior designers also do anywhere from 1-3 years of apprenticeship in the field. Gaining this "real-world" experience can be just as important as the school education. Therefore, consider schools that help prepare you for work inside and outside the classroom.

  • Here are some items you should consider when choosing an interior design school:
  • Take a look at class size and curriculum. The school should offer both theory and hands-on experience in labs, internships or other projects.
  • Set up an interview with faculty and/or students along with a visit to the school. Some schools may let you sit in on a beginning level class for the day to get a feel for the school's culture and program style.
  • Consider the area of interior design you want to specialize in when choosing a school. Some schools may have more experience or strengths in different specializations. Areas of specializations vary: Commercial Design, Residential Design, Hospitality Design, Healthcare Design, Green Design and so on.
  • Get to know the faculty members via online bios or in-person interviews. Does their experience and expertise fit in with the type of interior design you wish to pursue?
  • If required in your state, the school should help you prepare for the state interior design certification/competency exam.
  • Check to see if the school you selected did the voluntary accreditation with the Council for Interior Design Accreditation or the National Association of Schools of Art and Design.
  • Find out what type of apprenticeships are available or if students must arrange their own outside "real-world" experience.
  • What kind of employment opportunities are available to graduates? The school should offer data about employment rates and a list of they types of employers their graduates work for.
  • Does the school offer continuing education classes that you may take after graduation? You may need access to these types of classes to learn about innovations in the field or keep an active professional certification or license in your state.

Useful Interior Design Sites

American Society of Interior Designers
www.asid.org
ASID is a community of people—designers, industry representatives, educators and students—committed to interior design. Through education, knowledge sharing, advocacy, community building and outreach, the Society strives to advance the interior design profession and, in the process, to demonstrate and celebrate the power of design to positively change people’s lives.

ASID: List of Registration Laws
Currently, 25 states and jurisdictions have licensing requirements for interior design practitioners. In many of these states, you cannot even call yourself an interior designer unless you meet or exceed a certain level of accredited education and in some cases pass the qualifying exam administered by the National Council for Interior Design Qualification. Regulation of interior design practice continues to become increasingly wide spread.

Careers in Interior Design
This website has been created by professional organizations as a service to individuals pursuing a career in Interior Design.

Council for Interior Design Accreditation
ww.accredit-id.org
The Council for Interior Design Accreditation is an independent, non-profit accrediting organization for interior design education programs at colleges and universities in the United States and Canada.

Interior Design Educators Council, Inc.
www.idec.org
The Interior Design Educators Council, Inc. (IDEC) was founded in 1963 and is dedicated to the advancement of education and research in interior design. IDEC fosters exchange of information, improvement of educational standards, and development of the body of knowledge relative to the quality of life and human performance in the interior environment.

The Interior Design Society
www.interiordesignsociety.org
The Interior Design Society (IDS) was founded in 1973, and is the largest design organization exclusively dedicated to serving the residential interior design industry.

International Interior Design Association
www.iida.org
The International Interior Design Association (IIDA) is a professional networking and educational association of more than 10,000 Members in 8 specialty Forums, 9 Regions, and more than 30 Chapters around the world committed to enhancing the quality of life through excellence in interior design and advancing interior design through knowledge.

The Library of Congress: Architecture and Interior Design
http://memory.loc.gov/ammem/collections/gottscho/
The Gottscho-Schleisner Collection is comprised of over 29,000 images primarily of architectural subjects, including interiors and exteriors of homes, stores, offices, factories, historic buildings, and other structures.

US Department of Labor: Bureau of Labor Statistics
ww.bls.gov/oco/ocos293.htm
Statistics and review of the Interior Design profession.

Chimney caps, yes or no?

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

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

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

Understanding Homeowners Insurance

Many of us obtain our homeowners insurance when we purchase our home.

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Many of us obtain our homeowners insurance when we purchase our home. After this initial purchase, we do not give this insurance another thought. It is not until the roof is damaged during a violent thunderstorm, a major appliance fails and floods our basement, or the neighbor's kid slips and fractures their wrist in our living room that we dust off the policy and ask ourselves, "Am I covered for this?" Don't wait until damage or an accident happens to discover what your insurance policy covers. Instead, you should have a good idea of what you are covered for and what is not included. Every year you should assess if your coverage should increase or if there is any optional coverage you may want to add. The purpose of this article is to point out some general characteristics of homeowners insurance and help in determining if you have the right coverage. Obviously this cannot substitute for a consultation with your insurance provider, but it will give you a better idea of what questions to ask. Image of home, crutches and turning road sign.

There are five popular topics concerning homeowners insurance that we will discuss below: types of damage covered, determining replacement cost, determining personal property value, understanding liability coverage, and ways to save money on your policy.

Homeowner insurance policies typically cover damages such as: fire and smoke damage, storm damage (i.e. lightening, wind, hail, ice and snow), water damage (other than flooding as this is separate), explosion, vandalism, theft (some companies are now offering an identity theft coverage option as well), civil unrest, and damage by aircraft and vehicles. You should discuss with your insurance provider any additional hazards you may face in your location such as earthquakes or floods. There may also be hazards you are not immediately aware of that could effect your insurance cost such as your neighborhood crime rate or if you own a Flood damage is not covered by homeowner insurance. The National Flood Insurance Program is a partnership between FEMA and isnurance companies that offers coverage. Click here for more.pet that is considered to be a high liability risk (i.e. certain breeds of dogs). Depending on the probability of need, you may be required to get additional coverage for these hazards by your insurance carrier and/or mortgage lender. To find out about special hazards in your area, talk with your insurance provider or contact your state insurance commissioner. If you run a home business, you will need to get separate insurance to cover business items such as computers and liability, i.e. if you run a daycare, your standard homeowners will not cover any accidents. Other items that are not covered by your homeowners insurance but may be covered by additional or alternate policies are: tenants, multiple family dwellings, land, theft by those covered in your insurance policy (i.e. recently separated spouses), and cars. Take a look at your policy and review your coverage. Consider how you use your home or where your home is located. Do you need additional or special coverage? This is a question you should review every year.

When choosing a policy, it is important that you consider the replacement cost of your home. The replacement cost is the amount it would take to replace your home. Replacement cost is not the same as the market value of your home as the market value includes the property it stands on and the current housing market. Because of this, it may not be equal to your outstanding mortgage. You can get estimates for replacement cost from appraisers, your local builder/craftsmen association or your insurance agent. Once you have determined how much your home replacement cost should be, you should review it and make any needed adjustments every Condos usually have a Master Policy that covers liability and property for common grounds. Individual policies then supplement personal property, liability and immediate structure.year. Most insurance companies will include an increase of coverage every year to match inflation. However, other items may also require you to adjust your replacement cost. Major remodels to your kitchen or bathroom or room additions can drastically effect the replacement cost of your home. If you use special materials or there is a housing boom making building materials scarce in your area, these too may affect your replacement cost. Another item that may effect your replacement cost is the change in building codes since when the house was built. Even with partial damage, it may be necessary to take the whole area/structure down to bring it up to code. If you own an older home, you should definitely discuss this with your agent. You may also get an extended replacement policy that will help you if your replacement coverage is below what you need. However, it is more economical if you take the time to review your policy and change your replacement cost coverage each year. Finally, keep in mind your policy should also include coverage for living expenses while the home is rebuilt or repaired. With the structure insured for major repairs, you can now consider your possessions.

Determining the personal property value depends on how much time the homeowner wants to invest in itemizing their property. Traditionally, most homeowners are covered at 50% of their home's value to cover personal property. Some pay a bit extra and get 75% of the homes value. Replacement costs like this cover like items, not necessarily the same make and model. You can also make an itemized actual cash value list that will cover items' actual cost minus depreciation. Many opt for percentage replacement coverage and then add a "floater" that will cover individual inventoried items. Major items should be inventoried with make, model, original cost, and documentation by picture or video. Items like jewelry and antiques should also have an appraisal. The documentation of these items should be kept in a secure location like a safe deposit box or a fireproof safe. Even if you opt for the general 50% coverage, you should have a list of your most valued possessions in case theft as this may help in tracking the items down (see more in our Home Security article).

Liability coverage protects you, your family, house guests and pets if they should accidentally hurt someone on your property or hurt someone or damage property elsewhere. On average, liability insurance usually covers up to $100,000 per incident. However, with lawyer and medical costs high these days, many homeowners also add an umbrella which allows for greater coverage at reasonable rates. Although most think of medical coverage as part of their liability coverage, it is actually categorized separate from liability because it pays for minor injuries that do not need to prove fault or negligence to be covered. An example would be someone twisting their ankle at your home. Liability is an important coverage that you will want to discuss with your agent.

Finally, there are a few things you may do to ease the cost of homeowners insurance. One way to lower your overall insurance cost is if you know you can take a higher deductible. If you can pay $500-1000 instead of $300 for each instance, this will lower your premium. Some decide to do this as the probability is that they will not claim or use the insurance very often. In addition to this, you may also pay your premium in larger and fewer payments. Another method to lower costs is to itemize your insurance to only the hazards you think most probable to happen. However, this option may not be available if you still owe a mortgage as the mortgage company may want more inclusive coverage. Also, you may check and see if there are any improvements you make to the home that may reduce your premium. Installing a home security system for example. Finally, combining policies with one carrier will also help you get lower premiums. If you combine your home, auto and life insurance policies, many companies will give you a preferred rate. Talk with your agent for further ways you may able to save money but maintain sound coverage on your home.

Conclusion
     There are a lot of options for your homeowner's insurance policy.  When setting up a policy, shop around and talk to different insurance companies to find one that works well with you.  Find out if they have a good reputation with the state insurance commissioner and consumer reports.  Find one that is fast, offers great service and handles claims fairly (you don't want to end up with a company that argues every claim).  Hopefully this overview has helped equip you with a better idea of the coverage you may need for your home.  You should have a better idea what to look for in a policy when you contact an agent to set up your homeowner's insurance.

More Resources

Household Checklist

There are a number of checklists available online; many are available from individual insurance providers. We found the following booklet from the University of Illinois to be the most comprehensive. www.ag.uiuc.edu/%7Evista/abstracts/ahouseinv.html

Household Papers/Records:
Taken from our earlier article about Home Security, here again is a checklist of important papers you should safeguard and how long you should keep them:
- Keep in Safe Deposit Box/Fireproof Safe: Birth certificates, marriage certificates, divorce legal papers, adoption papers, citizenship records, and other documents that are government or court related. A copy of a will, although your attorney will keep the original. Investment and business papers, government bonds, deeds, titles and copyrights to name a few more. General rule is, "Put it in if you can't replace it or if it would be costly or troublesome to replace."
- Taxes: IRS can audit up to 6 years back. However, you can get rid of pay stubs if you have your W2. Cancelled checks you will want to keep if they are related to anything you claimed on your tax return.
- Medical Bills: Keep at least 3 years.
- Household Inventory: You should have a comprehensive list for each room and what of importance is in there. This will help you claim losses in event of burglary or fire. The details of this list should be shared with your insurance carrier to make sure of coverage. It is recommended that you review this list once every 6 months.
- Deposit, ATM, Credit Card and Debit Card Receipts: Save them until the transaction appears on your statement and you've verified that the information is accurate. Then they may be shredded.
- Credit Card Statements: If there are not purchases related to taxes you may shred them once every year. However, if you have larger purchases on the card you may want to keep hold of these older statements. Special Note: Credit Card Agreements should be kept as long as the card is active!
- Loan Agreements: Keep as long as the loan is active.
- Documentation of Stocks, Bonds nd Other Investments: Keep while you own the investment and then 7 years after that.

Useful Links

National Association of Insurance Commissioners
www.naic.org FEMA: Homeowners and Renters www.fema.gov/individual/home.shtm

Preventive Maintenance Tips for your Home-Part 1

t's time to give your home a little TLC.

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Welcome to Rocky's Corner. It's time to give your home a little TLC. We all know how quickly time flies -weeks turn to months and months to years. Too often homeowners neglect to do periodic maintenance checks on building structures, roof systems, household fixtures and appliances. This neglect can lead to expensive repair costs that could have been avoidable.

You have joined me on the first of an 8-part series on Preventative Maintenance Tips for your Home. I hope that you will find this information to be both informative as well as useful in helping you to maintain your home.

PREVENTATIVE MAINTENANCE TIPS FOR YOUR HOME MONTHLY FIRE EXTINGISHER:
* Check that it is fully charged and recharge if necessary.

SMOKE DETECTORS AND CARBON MONOXIDE DETECTORS:
* Test all alarms to insure that they are working properly.

GARBAGE DISPOSAL:
* Always run cold water when grinding to harden fats and grease and to move waste down the drain lines.
* Disposers are generally self-cleaning- grinding citrus peels, eggshells, small bones, or a little ice will clean deposits and get rid of odors.
* Remember not to grind oyster or clam sheels, or highly fibrous materials or non-organic materials such as metal, glass or plastic.

DRAINS:
* Use a non-toxic biological drain cleaner regularly to keep drains clear. (Avoid using bleach or mouthwash down biologically treated drains because it kills the "friendly bacteria" working to keep your drains clear.

SINKS & TUBS:
* Check for moisture or small leaks under toilets, bathtubs and sinks.
* Keep strainers in your bathroom sinks to catch soap pieces and hair.
* Overflow holes on tubs should always be clear to prevent water damage to floors and ceilings.
* Flush with hot water and baking soda.

HEAT PUMP:
* Clean reusable filters or replace disposable.

FORCED WARM AIR HEATING SYSTEM:
* Clean reusable filters or replace disposable.

EVAPORATIVE AIR CONDITIONER:
* Clean reuseable filters or replace disposable.
* Clean evaporator or condenser coils.
* Clean condensate drain when in use
* Clear debris from around outside unit.

When performing your maintenance check if you should find that additional work is required consider hiring a professional. Proper care and maintenance to your home can saves hundreds of dollars in repair costs. I hope that you have found this article to be helpful and informative.

Please join me next time for Preventative Maintenance Tips for your Home part 2. Visit us at www.freminshomeimprovement.com

Home Appraisal

What to Expect & How to Prepare

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The Appraisal Foundation - USPAP (Uniform Standards of Professional Appraisal Practice) defines an appraisal as "The act or process of developing an opinion of value." This valuation is a determination of your property's market value - what it will likely sell for on the open market. So how is this "valuation" determined? Why does the idea of getting an "opinion of value" create so much apprehension about the process? What can you do to make your home appraise better, if anything?

What do you do if your home doesn't appraise well?
elow are commonly asked questions that hopefully will give some clarity about home appraisals. What is a home appraisal? A home appraisal is a survey of a home by a professional for their opinion of the property market value. In most cases an appraisal is done for a bank when a home is being approved for a loan for the home buyer. The home appraisal is a detailed report that looks at such items as the condition of the home, the neighborhood, what similar homes are selling for, and how quickly similar homes sell (to name a few). The appraisal may be a sales comparison or a cost/replacement opinion of value. There is also an income appraisal, but this is done primarily with commercial properties. The sales comparison will look at other properties in your neighborhood and what they are selling for and then figure how they compare to your home. With a cost/replacement opinion of value the appraiser is looking at what it would cost to replace the home if destroyed; this is more commonly used for new homes.
Important Note: An appraisal is not a home inspection! Appraisers only look for major concerns, they do not examine the home's full condition (i.e. examine the roof, appliances, etc.). For this reason a home inspection should still be requested by the home buyer before purchasing the home.

Who is an appraiser?
Appraisers are licensed by individual states and are held to strict ethical standards. Appraisers are the third party whose purpose is to give their opinion of the market value of a home. Ideally the appraiser should not be connected with anyone involved with the home transaction.

Who picks the appraiser?
When an offer is made on the house the appraiser will normally be determined by the lender. The lender may have their own appraiser or contract with an independent party. Sometimes the bank will allow the seller to choose an appraiser, but only when that appraiser is already well known to them.

Can the seller get their own appraisal done?
Yes. The home seller may commission their own appraisal before selling the property to determine cost. However, this will cost anywhere from $300-500 and the bank most likely will not accept this appraisal but request another to be done by their own contact.

If not by appraisal, how do I set the price for my home?
Home sellers can set the price of their home with the help of a REALTOR(r) using a comparative market analysis (CMA); the CMA is not a substitute for an appraisal but will give a good idea on setting an asking price (usually 5-10% more than the market price for your area).

How can you prepare your home for appraisal?
Prepare for your home appraisal like you would for a home sale. You are in essence re-selling your home. Make sure all the maintenance you can do is done; this includes clearing and trimming the yard to painting the house - hopefully most of this was already done for the sale and should at most need only a minor touch up. Be polite to the appraiser and give them full access to your home; work with them not against. Inform the appraiser of your home improvements. Let them know about the new windows, new floors, the finished basement, etc. And finally, don't be caught off guard. Do your homework! Know what similar homes are selling for in your neighborhood. This is something that should be done before setting your selling price. But in case your home has been on the market for a month or two, keep your research current. Let the appraiser know about similar homes and what they have sold for, especially if you know why a particular home that is like yours sold for less, let them know why your house is different.

What if the appraisal is low?
An appraisal that comes in lower then the asking price can jeopardize the loan and ultimately the sale. The lender will generally only loan up to 80% of the appraisers opinion of the home's value. The most common result is that the seller can lower their asking price. Or the seller and buyer can negotiate and meet at a price in-between. If the buyer still wants the home badly enough, they may put more money down; but this may still not guarantee their loan as the lender will still view it as negative equity. The final option is to dispute the appraisal. Before disputing with an appraisal, do your homework. Look at the homes in your community that have sold in the last 6 months and see what the differences are that may make your home more valuable. Perhaps there is a sale that the appraiser missed, perhaps other homes do not have the renovations and improvements you have done, perhaps the appraiser is not familiar with your type of home or neighborhood, etc. Building this case may be a good idea even before the appraisal. This will prevent you from getting rushed by the timeline after the appraisal is done. This is something you can ask for your REALTOR(r) to help with as they usually have a vast knowledge of your market area. Once you have the case, present it to the lender. They will likely get a new appraiser or request the same appraiser to reconsider it. If you do not want the same appraiser, make sure to specify this and ask for a second opinion.

What other aspects of the appraisal can hurt the loan?
By in far, the appraisers opinion of the home's value being lower than the asking price is the most detrimental. However, other factors may cause the lender to refuse the loan or require further contract negotiations. These concerns would result from property conditions that may require the home buyer to do more investing in the property to keep it valuable, such as upkeep on a private road. Your REALTOR(r) can help you with these types of objections and altering the contract to meet the lenders concerns.

The above is an introduction to answer some basic questions about the appraisal process. Please look at the links to the left for more detailed information. Now, if you are interested in what your home may be worth, check out Zillow for fun! This online program uses Google Maps to show what homes in your neighborhood are selling for or may be worth. Of course, I would suggest caution as the opinion of value given for most homes is rather high: http://zillow.com/ Happy appraising!

Customer Deposits

Illegitimate Revenue Stream for Banks?

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This month, for a change of pace, we are bringing you a LAWCHEK™ ALERT! from our partner and legal site Lawchek.com. This article reviews the questionable changes that have occurred relative to bank "holds" on customer deposits. These changes can effect everyone from the individual customer to the small business owner.

CUSTOMER DEPOSITS: ILLEGITIMATE REVENUE STREAM FOR BANKS?
Richard A. Pundt, Attorney at Law

For quite some time now, certain banks and other financial institutions may have been profiting from what some members of Congress are calling an illegitimate revenue stream, namely, the deposits of its' customers. Today, many banks will place “holds” on customer deposits. Such customer deposit “holds” are for ten business days and usually translate into a ½ month use of the funds deposited; In this way, banks are able to benefit from the interest on customer funds. This questionable practice has caused outrage by depositors and has ignited the concern of key members of Congress.

Congressman Michael Oxley (R-Ohio) has stated: “Holding a deposit to ensure its safety and soundness is reasonable. But holding a deposit in order to profit from the interest is completely unacceptable. The latter practice prevents consumers from realizing the benefits of their own assets, while creating an illegitimate revenue stream for financial institutions. It unfairly penalizes consumers and should be eliminated from the U.S. payment system.” 1

From an analysis in a report by Ms. Laura Bruce of www.Bankrate.com, it is revealed that there are many concerns relative to the new federal enactment of the Check 21 Act. "Check 21" allows the checks that individuals write to clear within one to two days while the deposit may be held by a bank for up to ½ month when weekends are added to the allowable ten day hold under “exceptional” circumstances of the FED Regulations. As a result, the consumer may get “nailed” for overdraft charges if the consumer was counting on the deposit and, in addition, the banks have been keeping the interest on the funds “held” through the deposit delay. Ms. Bruce also notes in her article 2 that Congresswoman Carolyn Maloney (D-New York) has introduced HR 5410 that would “…redress imbalances between the faster withdrawals permitted under the Check 21 Act and the slower rates for crediting deposits.”

Examples of bank customers delays due to the banks “hold” practices is very wide-spread and, undoubtedly, has accounted for hundreds of millions of dollars worth of profits for banks. Consumers, realtors, businessmen, and attorneys are becoming increasingly aware of these practices by the banks. This author has encountered quite a number of reported instances where consumers experienced an improper deposit delay or hold for an unreasonable period of time.

Of the many instances reported to this author, there are three that merit review in regard to the issue of deposit “holds.” The first instance involved a very well-respected attorney who deposited over $200,000 into his attorney trust account at a well-known bank and was verbally informed, after the deposit had been made, that there would be a ten business day “hold” on the deposit. He did not receive any written notice as prescribed by Federal Reserve Regulation CC (Availability of Funds and Collection of Checks, 12 CFR 229). This particular attorney had never over-drafted his account and has always maintained a sterling reputation with the Bar, as well as other attorneys. Moreover, the deposit consisted of checks from State Farm Mutual Ins. and John Deere Inc. The attorney directed a hand delivered correspondence to this well-known bank, wherein he requested an immediate removal of the “hold” or, in the alternative, an explanation as to whether the bank in question believed that checks from either State Farm Mutual Ins. or John Deere Inc. would not clear or if there was any improper activity by State Farm Mutual Ins. or John Deere Inc. in regard to: (a) any suspected criminal activity, (b) any suspected money laundering, (c) any suspected terrorist activity, or (d) any other improper activity that would mandate the holding of either check. Needless to say, the bank could not accuse either State Farm Mutual Ins. or John Deere Inc. of any such activity, yet the bank continued its “hold” on the deposit to the trust account from December 7, 2005 until December 20, 2005. The attorney has never received a written or an oral explanation, as he requested in writing, for the hold as prescribed by Federal Reserve Regulation CC (12 CFR 229).

The second instance involved a well-respected realtor who deposited between $200,000-$300,000, as a result of a closing, into his account at the aforementioned bank. He was unaware of any “hold” on the deposit. The realtor issued various checks, as customary, to: other financial institutions, the seller, realtors, an insurance company, taxing authorities, and others. When the bank in question refused to release its “hold,” the realtor’s checks bounced and a significant amount of distress and embarrassment was the result for all parties concerned, except, of course, the bank that profited in two ways: from the interest on the deposit and from the overdraft charges.

The third, but surely not final, instance involved a party who received a Cashier’s Check from a centrally located and well-known bank and, on the same day, deposited the Cashier’s Check into an account at a branch of the same bank. The branch placed a “hold” on its' own main bank’s Cashier’s Check. What is especially interesting about this case, other than the fact that it was the bank’s own Cashier’s Check, is the fact that under Federal Reserve Regulation CC (12 CFR 229), a Cashier’s Check, as well as a check drawn on an account held by the same institution, must be made available on the first business day following the day of deposit.

It would seem that compliance with Federal Reserve Regulation CC (12 CFR 229) is being ignored by several of the largest banks. According to the article by Ms. Bruce, as noted above, proposed legislation HR 5410 has been presented in Congress to benefit the consumer. The legislation is being introduced in order to counter the Check 21 Act that allows the checks written by consumers to clear faster than the actual deposits made at the banks. It is noted in the article that Representatives from Wells Fargo Bank and Wachovia Bank have stated that their banks place holds on less than one percent of all deposits. If one were to consider the dollar magnitude of that one percent, especially if such deposits are for more than $5,000, a substantial windfall of interest profits are the likely result for the banks placing the “hold.” Perhaps the one percent accounts for hundreds of thousands of deposits each day and, if the average dollar amount of such deposit is $10,000 (most likely it is much more), the money on hold by the large banks at any one time would be in the hundreds of millions of dollars for which the banks gain interest on consumers assets, as noted by Congressman Oxley.

Under the Federal Reserve Regulation CC (12 CFR 229), it is mandated that interest should be paid to the consumer (See Regulation CC (12 CFR 229.14)). It is, therefore, understandable why Congressman Oxley has stated that such practice by the banks “…prevents consumers from realizing the benefits of their own assets, while creating an illegitimate revenue stream for financial institutions."

Under Federal Reserve Regulation CC (12 CFR 229), the following deposits must be made available on the first business day following the banking day of deposit: (1) Cash, (2) Electronic Payments, (3) U.S. Treasury Checks, (4) U. S. Postal Service Money Orders, (5) Federal Reserve Bank and Federal Home Loan Bank Checks, (6) State or Local Government Checks, (7) Cashier’s, Certified or Teller’s Checks, (8) Checks drawn on an account held by the same institution upon which the check is drawn, and (9) the first $100, or if less than $100 the entire amount, of all other checks. In the case of the individual who had deposited a Cashier’s Check into an account that was held by the same bank upon which it was drawn, both subsection 7 and subsection 8, as noted above, were ignored.

On other deposits that are not listed above, including the proceeds of local and non-local checks, the checks must generally be made available for withdrawal by the second and fifth business day respectfully following the deposit (See Regulation CC (12 CFR 229.12)). In the case of the attorney, and in the case of the realtor, as noted above, if the deposited checks were local, the deposit should have been credited within two days, and if the checks were non-local, the checks should have been credited within five days. There should not have been an arbitrary hold for ten business days or a ½ month total hold on the deposits.

However, there are exceptions set forth under Regulation CC (12 CFR 229.13), and those exceptions involve: new accounts,3 large deposits, repeatedly overdrawn accounts, or emergency conditions. The only exception of the above examples involving the attorney or the realtor, as given, would be the exception of a large deposit since our investigation ruled out any other scenario. In the case of large deposits, the bank must provide a notice to the consumer (See Regulation CC (12 CFR 229.13)), and that notice must be in writing (See Regulation CC (12 CFR 229.15), (12 CFR 229.16), (12 CFR 229.17) and (12 CFR 229.18)). Additionally, and under Regulation CC (12 CFR 229.14), interest must be paid on interest bearing accounts no later than the day the bank receives credit for the funds deposited.

It would appear that certain banks may be circumventing the requirements of Federal Reserve Regulation CC (12 CFR 229), and that is undoubtedly one of the reasons that Congressman Oxley has expressed concern, and why Congresswoman Maloney is reintroducing HR 5410. As a practical matter, most customers drop the issue once they actually receive their funds, which have been held by the bank, because they wish to maintain a good standing relationship with the bank. So does that mean that nothing can be done? The answer is no. Something can be done, but it requires positive action by the customer.

First, the customer may file a complaint with the Federal Reserve at: The Board of Governors of the Federal Reserve System, Division of Consumer and Community Affairs at 20th and C Streets, N.W., Stop 801, Washington, DC 20551. Additionally, the consumer may file a complaint with the respective State Banking Commissioner in the state where the violation occurs. Also, contacting the proper parties within Congress, such as Congressman Michael Oxley (R-Ohio) or Congresswoman Carolyn Maloney (D-New York).

Finally, there is a civil remedy expressly set forth under Federal Reserve Regulation CC (12 CFR 229.21). The civil remedy allows for both individual and class actions. See Regulation 12 CFR 229.21 (a) (2) (i) and (ii). The statute provides a limitation on class actions that includes actual damages up to $500,000 or 1% of the net worth of the bank involved (the lesser of the two) plus costs and attorney fees.