| September 30, 2004 |
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In another month, checks are likely to bounce much sooner than before if you write them with insufficient funds in your checking account. If that check is a mortgage payment, not only will you risk an insufficient funds fee for the bounce, but your credit standing can be at risk and the lender could have the right to put your mortgage loan in default. A check "bounces" when you don't have enough money in your checking account to cover the amount written on the check. That can happen because you over estimated the "float" time -- the period between when you write the check and when your bank actually cashes it. Float time can vary widely depending upon how a consumer handles the check, how he or she sends it to the payee and how the lender processes it. The time includes how long you hold it after you write it, mailing time and processing time at one or more banks. Float is not legally sanctioned, nor is it prohibited by law, but the widely used and somewhat risky grace period is ill-advised, now more than ever. A product of the Technology Age, "Check Clearing for the 21st Century Act" also known as "Check 21" is a money-saving proposition for banks because it will allow them to process checks faster and do away with reams of paper work. Effective Oct. 28, 2004, Check 21 will allow banks to electronically process checks -- which will allow not only the paying bank (your bank) but other banks, including those earlier along the processing route, to "truncate" or stop your checks as paid and allow only an electronic image, a legal substitute of your check, to continue on down the line. Today most check truncation takes place at the paying bank. When you opened your checking account you told the bank when to truncate your checks by signing off for a statement that included getting the original checks returned, receiving check images only or receiving only a line statement showing each check paid. Under the new law, the bank won't need your permission where to truncate your checks and you won't get your original check back. The bank that stops it will be free to destroy it. All banks are not yet equipped to handle the new law, which only gives them permission to change the check handling procedure without mandating it. Once banks do change, and they will, the new procedure should speed up the check clearing process and shorten the float time, once it arrives at the first bank, to a maximum of two to three days. If you are accustomed to longer float periods you'll have to change your habit or expect often to pay some hefty insufficient funds fees for bounced checks. If a check for your mortgage payment bounces, by the time you learn of the bounce and have it covered, a full month could have elapsed and that could put a credit ding on your credit report. Some loan terms also come with payment grace periods of, say, 15 days after which you must include a late payment penalty with your payment. While lenders don't typically begin foreclosing proceedings until months after missed payments, your lender may find you in default after a single month, especially if it gets to be a habit. Publisher of Consumer Reports, Consumers Union, and other consumer advocates, offer these and other suggestions to help you cope with the new law:
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