Question and Answer Guide
Guaranty Bank, Austin, TX
FDIC Call Center
Toll free number 1-800-760-3641
Hours of Operation – Central Time
Friday, August 21, 2009: Until 9:00 p.m.
Saturday, August 22, 2009: 9:00 a.m. – 6:00 p.m.
Sunday, August 23, 2009: Noon – 6:00 p.m.
Thereafter: 8:00 a.m. – 8:00 p.m.
On Friday, August 21, 2009, the Office of Thrift Supervision closed Guaranty Bank, Austin, TX and the Federal Deposit Insurance Corporation (FDIC) was then named Receiver. Subsequent to the closure, BBVA Compass, Birmingham, AL, acquired substantially all the deposits and assets of Guaranty Bank except the private label mortgage backed securities from the FDIC as Receiver for Guaranty Bank. Any claims by equity holders were not acquired. Share price does not trigger a bank closing and was not the reason for Guaranty Bank’s failure.
The total balance in your account(s) has been transferred to BBVA Compass and will be available for transactions during regular business hours at the former Guaranty Bank branches starting Saturday, August 22, 2009.
You may continue to use your same checks, ATM cards and debit cards until notified.
All Direct Deposits, including Social Security checks, will continue as usual.
Account(s): What about my account with Guaranty Bank?
If you had an account with Guaranty Bank, you now have an account with BBVA Compass, Birmingham, AL. All deposit accounts, which include checking, savings, money market, CDs and retirement accounts, have been transferred to BBVA Compass, regardless of the dollar amount. No one lost any money on deposit in Guaranty Bank.
Customers of both banks should continue to use their existing branches until BBVA Compass can fully integrate the deposit records of Guaranty Bank.
To forewarn you of any scams, please be advised that you will not receive any e-mail notification from the FDIC, the Receiver, or BBVA Compass to claim/unlock/unsuspend your account or to provide any private information. Please be watchful for and resist any such scams to obtain information from you by individuals or entities purporting to act on behalf of Guaranty Bank.
ATM/debit card and/or Billpay: What about my ATM/debit card and/or bill paying with Guaranty Bank?
Your ATM/debit card will continue to work, and bill paying will work as it has in the past.
Brokered Deposits: I am a deposit broker or have brokered deposits. What do I do?
As an All-Deposit Transfer transaction, the total of all deposit accounts, excluding the Cede & Co. brokered deposits, have been assumed by BBVA Compass. The FDIC retained the Cede & Co. brokered deposits and will pay those accounts off directly.
Be advised, however, that from and after the date of closing, BBVA Compass will accrue and pay interest on deposit liabilities at a rate it shall determine; accordingly, BBVA Compass shall permit depositors, including brokered depositors, impacted by reduced rates to withdraw their deposits without penalty for early withdrawal.
If you are a customer who has a Guaranty Bank deposit through a broker, you must contact your broker with any questions.
Direct Deposits - Government Deposits: What will happen to my direct deposits?
Direct Deposits, including Social Security checks, will continue as normal.
Existing Deposits at BBVA Compass: I already have other deposit accounts with the new bank. When combined with balances at this bank, my deposits exceed $250,000. Are all funds insured?
The accounts transferred to BBVA Compass will be separately insured for at least six months after the merger. This grace period gives a depositor the opportunity to restructure the accounts, if necessary.
CDs from Guaranty Bank are separately insured until the earliest maturity date after the end of the six-month grace period.
CDs that mature during the six-month period and are renewed for the same term and in the same dollar amount (either with or without accrued interest) continue to be separately insured until the first maturity date after the six-month period.
If a CD matures during the six-month grace period and is renewed on any other basis, it would be separately insured only until the end of the six-month grace period.
Interest Rates, Early Withdrawal Penalty: Will I continue to earn interest at the same rate? Will I be charged an early withdrawal penalty?
All interest on insured deposits accrued through Friday, August 21, 2009, will be paid at your same rate. BBVA Compass will review rates and notify you if interest rates will change.
You may withdraw funds from any transferred account without an early withdrawal penalty until you enter into a new deposit agreement with your new bank. Entering into a new deposit agreement can be done by either renewing your CD or making a deposit to or a withdrawal from your account.
Loans/mortgages: What about my loan or mortgage with Guaranty Bank?
All mortgages and loans have been assumed by BBVA Compass. Your payment amount and due date are the same. If you are having your payment deducted from your account, it will continue as it has in the past. You should continue to make your checks payable to Guaranty Bank and send your payments to the same address.
Loans in Process: What happens if I had a loan in process that had not closed or a line of credit not fully funded?
You should contact your loan officer. All prior contacts remain the same.
Media: I represent a TV/Newspaper/Radio and would like some information.
Please contact the Office of Public Affairs:
David Barr
1-202-898-6992
DBarr@fdic.gov
LaJuan Williams-Young
1-202-898-3876
LWilliams-Young@fdic.gov
Outstanding Checks: What about checks that I have written on my account with Guaranty Bank?
Your checks will clear up to the available balance in your account. You can continue to use your existing checks.
Safe Deposit Boxes: How can I claim the contents of my safe deposit box?
It is business as usual. You can go to your local branch and access your safe deposit box; however, no action on your part is required because of this transaction.
Shareholders: What about my shares of stock?
All shares of Guaranty Bank were owned by its holding company, Guaranty Financial Group, Inc. The holding company was not included in the closing of the bank or the resulting receivership. If you are a shareholder of Guaranty Financial Group, Inc., please do not contact or file a claim with the Receiver. You may contact Guaranty Financial Group, Inc. directly for information as follows:
Guaranty Financial Group, Inc.
8333 Douglas Avenue
Dallas, TX 75225
1-214-360-1967
Transaction Types: Why do all deposits, insured or not, pass in some transactions but not in others?
The FDIC is required by law to employ the least-cost resolution measure for each failed financial institution. The most frequent result is for the FDIC to transfer only the insured deposits in a merger transaction. The FDIC has been able to transfer all deposits in about 25% of the failures over the past 15 years.
Unpaid Bills: I did some work for the bank and have not been paid. What should I do?
All claims against Guaranty Bank, together with proof of the claims, must be submitted in writing to the Receiver at the following address:
FDIC as Receiver for Guaranty Bank
1601 Bryan Street
Dallas, TX 75201
Attention: Claims Agent
SCAMS: Be watchful for and resistant to any scams to obtain information from you by individuals or entities stating that they are acting on behalf of either the failed bank, new bank, or the FDIC. Should you be contacted by anyone requesting private information from you related to this event, please contact the call center above and you will be directed to the appropriate person.
For more information: www.fdic.gov/bank/individual/failed/guaranty-tx.html