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Featured Articles

Unmarried Couples Your Property Rights

Moving in Together or Splitting Up

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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

Preventive Maintenance Tips for your Home-Part 2

Periodic checklists.

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Welcome back to Rocky’s Corner! Last month we started Part 1 of an 8 part series of Preventative Maintenance Tips for your Home. Series 1 dealt with maintenance checks that are recommended every month. Series 2 will combine a periodic checklist for every 2 months and a periodic checklist for every 3 months.

Every 2 Months
If you have a pressure type oil burner inspect and clean Range Hood Fan: Clean grease filter. This may be done more often than every 2 months depending upon the amount of cooking and or fry foods. If you find that the filter is corroded, you may need to consider replacing it.

Steam Heating System:
Test relief valve and replace if necessary, check pressure and drain expansion tank if necessary. Wall Furnace: Clean grills. Clean or replace filter.

Every 3 Months

Faucets:
Clean aerators-unscrew, disassemble and wash out debris. Fix leaky faucets quickly; a leak wastes up to 20 gallons of water a day and can ruin a faucet set. Consider replacing older faucets with new ones with washer less valve cartridges instead of rubber washers.

Dishwasher:
Professionally have the strainer, spray arm and air gap cleaned.
Pest Control: Consider hiring a pest control service to protect your home and family from insects, vermin and termites damage to your property.

Hot Water Heater:
Do not set any combustibles near water heater. Drain a quart of water from the tank four times a year to keep your water heater in peak condition. If you suspect a leak, you may have rusting through the bottom of the storage tank. Consult a professional.

Floor Drain Strainer:
Clean out debris and scrub strainer.

Tub Drain Assembly:
Clean out debris; inspect rubber seal and replace if necessary.

Join me next month for Part 3 of our series on Preventive Maintenance Tips for your Home. Visit us at www.freminshomeimprovement.com

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.

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.

Cracks in the sidewalk

Our home inspector said that parts of our sidewalk are a potential trip hazard.

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Q. Our home inspector said that parts of our sidewalk are a potential trip hazard. We think that he is being too picky and splitting hairs. What do think about cracks in sidewalks?

A. Simple cracks in a concrete sidewalk are not necessarily a problem unless they become large enough to catch the heel or toe of a shoe or the tip of a cane. Cracks normally indicate movement in the sidewalk, and are fairly normal. Most sidewalks that are more than 20 years old will have some cracks. On the other hand, upheavals in sections of the sidewalk can be a liability. Concrete sidewalks typically will have expansion joints at regular intervals. These individual sections of concrete can rise or fall as much as three inches in some extreme cases. The most common reason for upheaval is tree roots. The opposite problem is caused by subsidence where the ground beneath the slab sinks. An upheaval of more than one inch can become a dangerous trip hazard, and a liability to you as the home owner. This type of trip hazard is particularly dangerous at night. In my practice, I always explain this to the client, and encourage them to make repairs.

Setting Your Budget

Your next step is to create a project budget.

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You have evaluated the neighborhood and find that your improvement is consistent with general aesthetic and size parameters. You plan to remain in the house for some time. You find that a second mortgage payment will not strain your current monthly budget. You feel you can devote a certain amount of time towards planning the project. And finally, you are really sick of waiting in line to go to the bathroom in your own house!

Your next step is to create a project budget. Decide how long you plan on staying in your home. The length of time you intend to stay in a home will affect how much money you should invest in it. If you are going to stay in the home for more than ten years, you should spend as much as you are able to create the home of your dreams. Make a list of all your debts. You should include any debts you pay on a monthly basis, such as mortgages, car loans, credit cards, and any other items with a fixed monthly payment. This list should not include payments for groceries, utilities, telephone services, or other general expenses. Call this list your monthly expenses. Determine your total gross monthly income. Include all sources of income that you would list on a loan application.

You are ready to determine a project budget. Use the following steps for this process; I have plugged numbers into the formulas to demonstrate how each works.

STEP 1
Lenders use a simple Debt-to-Income (DTI) ratio to determine if a homeowner can afford the additional debt of a remodeling project. DTI Enter Your Total Monthly Expenses $2,860.00 Add the Estimated Monthly Payment for the Project +$775.67 Total $3,635.67 Divide the Total by Your Gross Monthly Income $7,950.00 DTI = 45.7% Each lender will approve loans at a specific DTI percentage (most lenders will tell you what their set DTI ratio is, if you ask). In this example, let us assume that the lender accepts DTI ratios of 45 percent. You are right at the cusp of qualifying. Provided your credit rating is good and you have plenty of equity in your home you will most likely be approved for this loan.

STEP 2
The next step is to determine the maximum monthly payment you can afford for remodeling. Multiply your monthly gross income amount by the lender's maximum DTI allowance, and subtract your current total monthly expenses, excluding the estimated remodeling payment. Gross Monthly Income $7,950.00 Lender's DTI ratio x.45 Subtotal $3,577.50 Less Total Monthly Expenses -$2,860.00 Maximum Affordable Payment = $717.50 Use this figure to determine the maximum available to you to borrow. In this case we assume that the home improvement loan is a fifteen year note at seven percent. The maximum you can borrow is forty-seven thousand dollars for your project given this monthly payment. There are many different options you can explore with your lender during this process. These options can sometimes increase the amount you can borrow; it is best to discuss this thoroughly with lenders. We discuss financing in more detail in the next section.

STEP 3
The final consideration for your budget is if there is any available cash to supplement what you borrow for the project. These are funds not being set aside for future financial obligations such as retirement, college, or other major purchases (like a new car). They are not required for monthly or general expenses as well. In this example let us assume that you have three thousand dollars in excess funds available for the project. This brings your maximum project budget to fifty thousand dollars. The budget now becomes the overriding parameter that drives the project. Every decision from this point forward is made according to the limits set by the budget. The next thing to consider is the percentage of the budget necessary for contingencies. Contingencies are unexpected items that present themselves during the course of the project. The guideline is to set aside between five and twenty percent of your budget for contingencies. The actual percentage depends upon the complexity of the project. For instance, a new roof generally does not require other ancillary items be repaired or altered in order to install the roof. Therefore the minimum contingency of five percent is usually sufficient. On the other hand, a large addition to your home involves many more trades and materials that likely require the maximum contingency of twenty percent. As a rule if any portion of your existing walls, floors, or ceilings must be demolished or opened up in order to install the new materials you need a contingency towards the maximum. Although a professional architect and/or contractor have vast knowledge of the construction process he or she does not have X-ray vision. Often times there are situations that complicate construction contained within these areas that cannot possibly be known about until the area is opened. For our example we will assume you are putting on a small kitchen addition (referred to as a “bump-out”). Since you will have to open up an existing wall but the work area is concentrated to a small portion of the house a contingency of fifteen percent should suffice.

This means that the budget for actual construction that you present to the architect is forty-two thousand five hundred dollars. This is the parameter you want your design professional to use. You hold the seven thousand five hundred dollars in reserve to address any unforeseen expenses that occur once the project begins. You protect yourself from scrambling for extra funds in the middle of the upgrade; if you do not use all of the contingency, and there is no rule that says you have to, then you complete your project under budget (heretofore an unheard of occurrence in remodeling)!