The CommunityBanker 18 828 Main St, 15th Floor Lynchburg VA 24504 www.countsauction.com Call us for your Auction & Appraisal needs. 434-525-2991 Had the bank adhered to the following five critical steps, it could have avoided the entire litigation process. Step 1. State Regulations Follow your state and federal (SCRA) delinquent box rent and unclaimed property regulations closely. These requirements differ from state to state, but most state laws dictate the required time periods, the type of notice given and the required procedures to be followed when drilling a past-due box. Step 2. Sending Notices After mailing your annual rent-due invoices, if the rent is not paid, send only one friendly reminder and one past-due second notice. If there is no response to these notices, it is a waste of time and postage to continue sending notices each month. Wait until it’s time to send your final delinquent notice, and make sure it’s worded properly. Unless your state law requires a written disclosure that the box will be drilled and contents impounded, never mention this in your final letter. Tell the renter that you will be taking legal action against him, and you may turn him over to a credit-reporting agency if he doesn’t respond within a specified number of days. Most drilled past-due boxes are empty, and obviously, your renter knows this and will ignore your demand letter and throw it away. Hopefully, this harsh language will get his attention. Step 3. Drilling Box After the required notification period expires, the box can be drilled, and the contents inventoried. This must be done under dual control on a properly worded box content inventory affidavit. Nothing listed on this affidavit should appraise the box contents. (i.e., never list items as gold, silver, diamonds, etc. They should be listed as yellow or white metal or jewelry with blue, red or clear stones). A notary should also be present to notarize the inventory affidavit, which creates a proper legal document. Step 4. Safekeeping Contents After the box contents are inventoried, they should be placed in a tamper-resistant envelope and locked in a safekeeping area under dual control. A copy of the signed inventory affidavit should be secured in a sealed, clear pouch on the back of this envelope. The box renter’s name, address, due date, box number, drill date and all other essential information must be visible for recordkeeping and retention purposes. Step 5. Report Unclaimed Property If your renter never claims the drilled box contents, most states have a specific unclaimed property reporting period, usually three to seven years. When this retention period expires, these abandoned box contents must be reported and/or delivered to the state, and these authorities will usually auction the unclaimed items. In Conclusion After reviewing these five important steps, how did your past-due box drilling procedures stack up? Do you have copies of your state and federal (SCRA) safe deposit past due and unclaimed property regulations? Do you have a properly worded renter notification letter and box content inventory affidavit? Do you secure all drilled boxes in tamper-resistant envelopes and provide dual control safekeeping protection? If you have difficulties with any issues and need assistance or additional information, contact David P. McGuinn at sdspec@aol.com, (713) 937‑9929, or www.sdspec.com. McGuinn, President and founder of Safe Deposit Specialists in Houston, is a former bank Senior Vice President and Cashier and is often referred to nationwide as the safe deposit guru. In all 50 states, he has trained over 350,000 safe deposit personnel since 1969. He has created numerous CD or USB formatted procedures and regulatory/compliance manuals, employee training DVDs, brochures, custom renter notification letters, and many other safe deposit products, including state-specific drilling procedures, inventory affidavits and tamper-resistant envelopes for drilled past due boxes. For over 50 years, McGuinn’s seminars, manuals, forms and other resources have been considered the accepted standard for the financial industry. Continued from page 17 To avoid potential liability, strict procedures dictate the handling of confiscated box contents.
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