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.

Got Attic Mold? How to Diagnose Common Sources.
By Mark D. Tyrol, P.E./Battic Door Energy Conservation Products

It happens to countless homeowners around the end of the year – you make the annual visit to your attic to collect the holiday decorations and what do you find? Spots and blotches covering the bottom of the roof sheathing. Worse yet – it turns out to be attic mold! What does energy conservation have to do with mold in the attic? Well if you take a step back and consider how the house behaves as system, they are often directly related. Building science experts have long been using the “house as a system” approach to diagnose the cause and origin of building defects. For example, ice dams. These are often caused by warm air seeping into the attic which causes the snow and ice on the roof to melt. The water drains to the edge of the roof (which is colder than the rest of the roof because it is an overhang and not warmed by the attic), freezes and creates an ice dam. As this process is repeated daily, the ice dam grows larger. Eventually water is forced under a shingle where it can seep into the house. Understanding how the house behaves as a system and the various causes and effects is necessary to diagnose most building related problems. But how about that attic mold? How did it get there? Mold requires chronic moisture to form and to thrive, so source(s) of moisture must be present. Possibly the moisture came from outdoors. The roof is newer and a quick check of the roof shows no obvious damage or leaks. Possibly the moisture came from indoors. During the heating season, the interior of the house frequently has high moisture levels, especially bathrooms and kitchens. A quick check shows that all bathroom fans, kitchen vents, etc. are properly ducted completely outdoors and not into the attic. The amount of insulation looks good and the attic is well ventilated. Don’t give up – you are almost there! Remember the house as a system? You know that warm, moist air is in the house, but how is it getting into the attic? By air leaks! Air leaks are the leading source of energy loss in most houses, and a frequent source of chronic moisture that can cause attic mold. Most homeowners are well aware of air leaks around windows and doors (especially old ones), but many overlook the numerous gaps leading directly into the attic! Have a look around the attic and you may find large gaps around recessed lights and fans, holes where wires or pipes are installed, even large gaps around the chimney. And don’t overlook the whole house fan and especially the folding attic stair - a big, uninsulated hole in your ceiling that is often overlooked! These gaps can add up to a large hole that allows warm, moist air from the house to flow right into the cold attic. The warm moist air condenses on the cold roof sheathing, creating chronically damp conditions that can lead to attic mold growth. And the energy loss – it can be like leaving a window open all winter long! Seal these air leaks and you stop a significant moisture source. And just think of all the energy you can save and the cold drafts you can stop! Mark D. Tyrol is a Professional Engineer specializing in cause and origin of construction defects. He developed several residential energy conservation products including an attic stair cover and a fireplace draftstopper. To learn more visit www.batticdoor.com

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.

Unmarried Couples
Your Property Rights: Moving in Together or Splitting Up

Recent nationwide surveys show many couples are deciding to live together before marriage or live together with no intention of marrying at all. For these couples, buying a home is not necessarily more difficult but it does come with additional challenges and items to consider before signing the dotted line.

Unmarried couples will find they have the common options of Tenants in Common or Joint Tenancy contracts when they purchase property. In some states one of these options will be considered automatically for them so they should be aware of what type of contract they are signing in advance.

Tenants in Common:

• Contract between two or more people to own property together. There is no limit to the number of owners. This type of ownership is common for unmarried couples, groups investing in larger property and those interested in buying property in expensive markets they could not otherwise afford on their own.
• Tenants in Common can sell their share of the home at any time. If no additional contract is made, they may do this without forewarning other owners.
• Shares of the Tenants in Common does not need to be equal. Percentages can be assign based off contribution amounts. Sally A. may own 50%, Tony B. 25% and Mary C. 25%.
• To terminate a Tenants in Common contract one owner may buy out the other(s) or all parties can agree to sell the property and split the profits according to percentage(s) owned.
• If one owner passes away, then it is whomever they specified in their last will and testament who inherits that share.

Joint Tenancy:

• Most of the above conditions also apply to joint tenancy. However, a joint tenancy offers a right of survivorship. If one of the owners passes away, the other(s) automatically get ownership without the necessity of a last will and testament.

It is important to realize the above contracts cover the basic property rights for a mortgaged/purchased home or property. The above do not protect individual property (i.e. furniture), discrepancies in contributions to home improvements, or other expenses of owning a home. Therefore, it is imperative that unmarried couples write up a contract that address these issues. Almost like a pre-nuptial agreement (and often perceived as unromantic as one) a contract of terms will protect both parties in case paths do part.

Items to consider in a contractual agreement:

• If you have a Tenants in Common agreement, make certain all parties do have a last will and testament to clear any possible confusion of ownership in case of death.
• Include terms for terminating the joint ownership. -Specify if the other party should be given a required number of days notice of the sale and an option to buyout before one of the owners sells their half. -Set limits on the amount of the time allotted for the buyout. A fair time should be offered with a consideration of time constraints created by working through the banking process. -If the property will be sold, make sure to include the percentages of the property owned so each party gets their share.
• Detail how expenses will be kept on equal terms. Will the mortgage be split? Will one pay the mortgage and the other all the household utilities and joint bills? Again, if the contribution is not equal the difference should be recorded.
• It may be too cumbersome and unrealistic to include personal property items such as furniture in this contract. Instead you may want to make a separate record. List items that each individual brings into the household. If furniture is later purchased together, many unmarried couples will find it beneficial to keep track of contributions. Because their separation will not be treated as a divorce, disputes over items like these will be harder to resolve without some record.
• Do not include chore items such as who does the dishes. This can make your contract frivolous and tossed out in a court of law. However, some counselors do suggest making chore lists for all couples (married or not) to help cope with the pressures and expectations of our fast passed lives and homes.

If the unthinkable does happen and you do separate, make sure to give yourself time to cope and process. Even without a marriage it is a major life change. With or without contracts it is important to work together until you can sell or buyout the house if at all possible.

Some coping strategies:

• Accept and expect mood swings
• Don't expect to be able to concentrate and work at 100% for a while
• Don't expect to understand why you separated right away - this takes time and reflection
• Don't become a hermit - instead use this as a launching pad to rediscover your interests and hobbies
• Prioritize your needs

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

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

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

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

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

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

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

Q. We recently bought an older home which has undergone some renovation. The sellers installed three-pronged outlets throughout the house and GFCI circuits in the kitchen, bathrooms and on the exterior. Our home inspector said that the house wiring is the original two wire non-grounded system, and that even though we have three-prong plugs they are not grounded. He also said that the GFCI receptacles would not function correctly, because there is no ground wire. Do you agree with his assessment?

A. Your home inspector is correct in telling you that your outlets will not be grounded. A third or ground wire is necessary for proper grounding of receptacles and fixtures. Having a two-wire system is not a problem in and of itself unless you are using electrical equipment specifically designed to be grounded. The three-prong plugs are more of a convenience since nearly all electrical devices now come with a grounded plug. Regarding the GFCI (Ground Fault Interrupter Circuit) outlets, they need not be grounded in order to work properly. Simply put, the GFCI is a safety device that protects people from electric shocks by sensing current moving in a way that it should not, and instantly shutting down the circuit. On a grounded circuit, it does this by sending the current to ground. On an ungrounded (two-wire) circuit, it does the same thing by sending the current back to ground through the neutral wire. A properly wired GFCI will work just fine on a two-wire circuit. The GFCI outlets have test and reset buttons on their face. To test for proper operation, simply push the test button. If you hear a snap, the circuit has tripped, and you can test it by plugging in a lamp or radio. To turn the power back on, simply push the reset button. If you are still not sure, call a qualified electrician and have him check all your GFCI receptacles.