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Are Banks
a Safe Place for Your Valuables?
Not-safe-deposit Boxes:
States Seize Citizens' Property to Balance Their Budgets
Elisabeth Leamy
May 25, 2008
State
governments are seizing contents and auctioning off citizen's
valuables.
The 50 U.S. states are holding more than $32 billion worth of
unclaimed property that they're supposed to safeguard for their
citizens. But a "Good Morning America" investigation found some
states aggressively seize property that isn't really unclaimed and
then use the money -your money to balance their budgets.
Unclaimed property consists of things like forgotten apartment
security deposits, uncashed dividend checks and safe-deposit boxes
abandoned when an elderly relative dies.
Banks and other businesses are required to turn that property over
to the state for safekeeping. The problem is that the states return
less than a quarter of unclaimed property to the rightful owners.
Not-So-Safe-Deposit Boxes
San Francisco resident Carla Ruff's safe-deposit box was drilled,
seized, and turned over to the state of California, marked "owner
unknown."
"I was appalled," Ruff said. "I felt violated."
Unknown? Carla's name was right on documents in the box at the Noe
Valley Bank of America location. So was her address -- a house about
six blocks from the bank. Carla had a checking account at the bank,
too -- still does -- and receives regular statements. Plus, she has
receipts showing she's the kind of person who paid her box rental
fee. And yet, she says nobody ever notified her.
"They are zealously uncovering accounts that are not unclaimed,"
Ruff said.
To make matters worse, Ruff discovered the loss when she went to
her box to retrieve important paperwork she needed because her
husband was dying. Those papers had been shredded.
And that's not all. Her great-grandmother's precious natural pearls
and other jewelry had been auctioned off. They were sold for just
$1,800, even though they were appraised for $82,500.
"These things were things that she gave to me," Ruff said. "I valued
them because I loved her." Bank of America told ABC News it deeply
regrets the situation and appreciates the difficulty of what Mrs.
Ruff was going through. The bank has reached a settlement with Ruff
and continues to update its unclaimed property procedures as laws
change.
California's Class Action Lawsuit
Ruff is not alone. Attorney Bill Palmer represents her and countless
other citizens in a class action lawsuit against the state of
California.
"They figured the safety-deposit box was safer than keeping it under
the mattress," Palmer said. "In the case of a lot of citizens, they
were wrong, weren't they?"
California law used to say property was unclaimed if the rightful
owner had had no contact with the business for 15 years. But during
various state budget crises, the waiting period was reduced to seven
years, and then five, and then three. Legislators even tried for one
year. Why? Because the state wanted to use that free money.
"That's absolutely correct," said California State Controller John
Chiang, who inherited the situation when he came into office. "What
we've done here over the last two decades has been dead wrong. We've
kept the property and not provided owners with the opportunities --
the best opportunities -- to get their property back."
Chiang now faces the daunting task of returning $5.1 billion
worth of unclaimed property to people. Some states keep their
unclaimed property in a special trust fund and only tap into the
interest they earn on it. But California dumps the money into the
general fund -- and spends it.
"It's supposed to be segregated and protected," Palmer said.
"California has taken all of that $5.1 billion and has used it as a
massive loan."
California became so addicted to spending people's money, that, for
years, it simply stopped sending notices to the rightful owners. ABC
News obtained a 1996 internal memo in which the lawyer for the
Bureau of Unclaimed Property argued against expanding programs to
notify rightful owners. He wrote, "It could well result in
additional claims of monies that would otherwise flow into the
general fund."
Seizing More Than Safe-Deposit Boxes
It's not just safe-deposit boxes. A British man went to retire and
discovered the $4 million in U.S. stock he had been counting on had
been seized and sold for $200,000 years earlier -- even though he
was in touch with the company about other matters.
A Sacramento family lost
out on railroad land rights their ancestors had owned for
generations -- also sold off as unclaimed property. "If I had hung
onto it, I would be a millionaire, multimillionaire," said John
Whitley. "But that didn't happen because we didn't get to hold it."
California's unclaimed property program was so out of control
that, last year, the courts issued injunctions barring the state
from seizing any more property until it made reforms. Since then,
Chiang has taken several steps to try to clean up the program.
For example, the state now sends notices alerting citizens about
unclaimed property before it is handed over to the state -- the only
state to do so. Once unclaimed property is delivered to the state,
it is now held for several months while the state tries to contact
the owners, rather than it being immediately sold off or destroyed.
Which raises the question, in the Internet era, is anybody really
lost anymore? California and other states are just beginning to make
use of modern databases that can find most anyone in minutes.
Unfortunately, California only uses those databases to search after
it has already seized a citizen's property.
If California does get
better at locating people, that could present another challenge.
Remember, right now, the state spends the money. "It's like the last
guy in line at a pizza parlor," Palmer criticized. "There is only so
much pizza. At the end, when I get up to the counter to claim my
pizza, there may be no pizza for me."
California's fiscal
problems are legendary and once again in the news, so it's
reasonable to question whether the state can afford to repay its
citizens if a bunch of them surface at once. "There is always going
to be money to give the owners when they make their claim, " Chiang
insisted. "I don't want my legacy to say I continued a broken
program. I want my legacy to be 'this guy was the guy who truly
cared about the people and returned their money.'"
California is not the only state to come under fire for its
handling of unclaimed property. In Delaware, unclaimed property is
the third largest source of state revenue. Idaho recently passed an
unprecedented law that says the state gets to keep unclaimed
property permanently if the rightful owners don't claim it within 10
short years. And all 50 states pay private contractors 10 to 12
percent commissions to locate and seize accounts for them. It's an
inherent conflict of interest: the more rightful owners are found,
the less money the contractors make.
Of course, there are some states who handle their people's
property with respect. Oregon never takes title to unclaimed
property. Instead, it holds it in a perpetual trust fund.
Colorado uses the interest on its
unclaimed property fund to pay for some state programs, but leaves
the principal untouched.
Missouri, Iowa and Kansas make
extra efforts to reunite people with their property â€"even setting
up booths at state fairs to get the word out. The State of Maryland
actively compares the names on unclaimed accounts with state income
tax records. If it finds a match, the state simply cuts a check and
sends it to the citizen.
Protecting Your Property
So, the question for citizens is, how do you protect yourself?
Make contact with your bank, your brokerage firm, etc. at
least once a year, in a way that creates a paper trail. Make
sure they have your current address.
If you own stock, occasionally vote your proxies or take
other steps to keep your stock ownership active. Stay in touch
with your broker.
Write a list of all your accounts and keep it with your will,
so your heirs will know where to look.
Consider insuring valuables even if you keep them in your
safe-deposit box. That way, you're covered financially if the
bank or state makes a mistake and empties your box. Plus,
safe-deposit contents have been known to be destroyed by fire or
flooding.
If you want to search for unclaimed property in
your name, you do not need to pay other people to do it for you.
Check out the following links for more information:
National Association of
Unclaimed Property Administrators
www.missingmoney.com
http://silverbearcafe.com/private/5.08/ripoff.html
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