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Question and Answer Guide

New City Bank, Chicago, IL

The Illinois Department of Financial and Professional Regulation – Division of Banking closed New City Bank, Chicago, IL on Friday, March 9, 2012. Subsequently, the Federal Deposit Insurance Corporation (FDIC) was appointed Receiver. The good news is that no one lost any insured deposit because of the closure of New City Bank. The Holding Company is not included in this event.

An assuming bank could not be located; therefore, the FDIC will fulfill its obligation to depositors by mailing checks for insured deposits. If the balance in your interest bearing account(s) is less than or equal to $250,000, or if your deposit is in a noninterest-bearing transaction account(s), no action is required on your part at this time. The FDIC will mail insurance check(s) to depositors for their insured deposits on Monday, March 12, 2012, from its offices in Arlington, VA.

FDIC Call Center
800-523-8173
Hours of Operation
All Hours are Central Time
Friday, March 9, 2012: Until 9:00 p.m
Saturday, March 10, 2012: 9:00 a.m. – 6:00 p.m.
Sunday, March 11, 2012: 12:00 p.m. – 6:00 p.m.
Monday, March 12, 2012: 8:00 a.m. – 8:00 p.m.
Thereafter: 9:00 a.m. – 5:00 p.m.

Informational Websites

Is My Account Fully Insured?   (closedbanks.fdic.gov/drrip/AFI/Search/)
Electronic Deposit Insurance Estimator   (edie.fdic.gov/)

The following answers are provided to the most commonly asked questions by customers of the failed bank.

DEPOSIT QUESTIONS

  1. Over $250,000 What if I had more than $250,000 in my accounts at New City Bank?
  2. Account Hold I have been advised there is a hold on my account. What does that mean?
  3. Account Insurance Status: Is my account fully insured? Is there a method to verify whether my account(s) at New City Bank are fully insured?
  4. ATM/Debit Card/Checks Can I continue to write checks or use my ATM/Debit card?
  5. Automatic Payments/Online Billpay Will my automatic Billpay payments continue?
  6. Brokered-Deposits/Deposit Broker I am a deposit broker or I have brokered deposits.
  7. Checks not honored A merchant will not honor my check. What can I do?
  8. Claim Account(s) How do I claim my account(s)?
  9. Customer Impact How does this action affect me?
  10. Direct Deposits, Social Security What will happen to my direct deposits?
  11. Early withdrawal penalty Will I incur an early withdrawal penalty on my CD?
  12. Final Statement How will I get my final statement(s) from New City Bank?
  13. Interest Will I be paid interest at the same rate?
  14. Interest Checks/Cashier's Checks Can I cash my interest check or cashier's check?
  15. Internet Connection Will online banking work?
  16. IRAs What if I have an Individual Retirement Account (IRA)? Is my IRA insured?
  17. Lose Any Money? Will I lose anything on my deposit account?
  18. Outstanding Checks What will happen to the checks that have not cleared my account?
  19. Records/Account Histories What if I need information regarding my account during the time New City Bank was in business?
  20. Tax Reporting - 1098/1099s Who will send my 1098 and/or 1099 information?
  21. Uninsured Will I collect my uninsured deposits?
  22. Wire Transfer Can funds be wired to me?

LOAN QUESTIONS

  1. Automatic Payments Will my ACH transaction payment still occur on its assigned date?
  2. Construction Loan Draws Will draws continue and will my project be completed?
  3. Construction Loan Voucher Control Will my subcontractors be paid as before?
  4. Escrows Will my escrows continue to be paid?
  5. Fees Are there any changes to fees or charges due to this event?
  6. Foreclosures Will the FDIC continue foreclosures in process?
  7. Lender and contact names Who is my lender and has my loan contact changed?
  8. Loan Sales Will my loan be sold?
  9. Line of Credit Advances – Home Equity Can I continue to perform advances on my line of credit?
  10. Loan in Process I have a loan currently in process. How is my loan impacted?
  11. Overdraft Line of Credit Will my overdraft line of credit continue to cover my overdrafts?
  12. Payments How/where do I make my payments?
  13. Pre-payment Penalty If I refinance, will my pre-payment penalty be waived?
  14. SBA Application in Process What will happen to my SBA loan application in process?
  15. What Happens Now What will happen to my loan?

GENERAL QUESTIONS

  1. Safe Deposit Box How do I obtain the contents of my safe deposit box?
  2. All-Deposit Transfer versus Insured Deposit Transfer. Why do all deposits, insured and uninsured, pass in some transactions but not in others?
  3. FDIC Insurance How can I find out more information about FDIC Insurance rules?
  4. Media I represent a TV/Newspaper/Radio and would like some information.
  5. Shareholders I am a Shareholder of New City Bancorp., Inc. What happens to my shares?
  6. Unpaid Bill I am owed money by New City Bank. What should I do?


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DEPOSIT QUESTIONS

1. What if I have more than $250,000 in my accounts at New City Bank?

There is no limit on deposit insurance coverage for noninterest-bearing accounts, i.e., checking accounts and official checks. These deposits are fully insured.

If the sum of all of your non-IRA interest-bearing deposits does not exceed $250,000, including accrued and unpaid interest, your deposits should be fully insured.

IRA deposits, including accrued and unpaid interest, are insured separately from all other interest bearing accounts up to $250,000. You have 60 days to reinvest this deposit/distribution into another retirement vehicle to qualify as a rollover for income tax purposes. You should consult IRS Publication 590 and/or your tax advisor concerning the possible tax consequences of this distribution.

If you have more than $250,000, including interest, in an interest bearing account or in an IRA, you should call 800-523-8173 to schedule a telephone appointment with an FDIC Claims Agent as your accounts may require review. You may need to complete certain declarations or affidavits and provide documentation so that the FDIC can make an insurance determination on your account(s). Starting on the first business day after the closing, you can check the following secure website to verify your insurance status by entering each of your account numbers at Is My Account Fully Insured? (closedbanks.fdic.gov/drrip/AFI/Search/).

If you have a question regarding the completion of required affidavits or declarations, this website (www.fdic.gov/regulations/laws/forms/claims.html) contains samples and instructions for completing the declarations.  If your question is not resolved by going to the website, please call 800-523-8173 and indicate you have a form completion question.


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2. I have been advised there is a hold on my account. What does that mean?

An account hold may be placed on an account(s) if there is a need for additional documentation from a depositor. For example, a Declaration for Trust form may be required to attest to the parties involved in the trust.

It is possible a depositor’s account was held due to delinquent loans where the depositor is the borrower or guarantor. Additionally, any account pledged as collateral for a loan will continue to be held. A letter will be sent informing you of any holds placed by the FDIC, along with instructions on how to proceed. If you have any questions regarding these holds, please call the FDIC at the number provided in the letter. Please contact the FDIC at 800-523-8173 to schedule a telephone appointment.


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3. Is there a method to verify whether my account(s) at New City Bank are fully insured?

A tool is available that provides failed bank customers the ability to verify whether their account is fully insured or if they need to contact the FDIC. The link to specific contact information is Is My Account Fully Insured? (closedbanks.fdic.gov/drrip/AFI/Search/). This service will be available for use no later than the first business day after the bank’s failure. Once you enter your account number, your insurance status for that account will appear. If there is a hold on your account, it may be due to the need for the additional documentation referenced in question number one. If there is a hold, you will need to contact the FDIC at 800-523-8173 to schedule a telephone appointment.


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4. Can I continue to write checks or use my ATM/Debit card?

No. All accounts are closed. The FDIC will mail checks for insured deposits on Monday, March 12, 2012.


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5. Will my automatic payments continue through Billpay?

No. All accounts are closed; therefore, you should contact your creditors to make other arrangements.


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6. I am a deposit broker or I have brokered deposits. What do I need to do?

If you are a customer who has a New City Bank deposit through a broker, you must contact your broker with any questions.


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7. A merchant will not honor my check. What can I do?

The bank is closed and all checks that have not cleared your account by Friday, March, 9, 2012, will be returned and stamped “Bank Closed.” Here is a letter you can provide to your creditors explaining that checks were returned through no fault of your own due to the bank closing, and this is no reflection on you. You should arrange to conduct your checking account activities with another financial institution.


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8. How do I claim my account(s)?

The FDIC will mail checks for insured deposits on Monday, March 12, 2012, from Arlington, VA. Please be advised that this check is only valid for six (6) months. If you do not claim your insured deposits within 18 months, the money will be turned over to your state as unclaimed property. Unclaimed property can be located by visiting the Missing Money website (www.missingmoney.com) or contacting your state treasurer’s office or office of unclaimed property.


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9. How does this failure affect me?

All accounts are closed. The FDIC will mail insurance checks for insured deposits on Monday, March 12, 2012, from Arlington, VA.

If you had a loan with New City Bank, please continue to make your payments to the same address as you have in the past until you are instructed otherwise. Make your checks payable to New City Bank.


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10. What will happen to my direct deposits?

The FDIC has arranged for any Federal government direct deposits, including Social Security to be redirected to Seaway Bank and Trust Company (Seaway), 3501 South King, Chicago, IL 60653. You may contact the Seaway Branch Manager at 773-624-1350 to ask if your Federal government direct deposit is available. Please note these direct deposits will be processed on the same day as they have been in the past. You will be required to show appropriate identification to obtain your funds. Information for redirecting your Federal government direct deposit is available online at www.godirect.gov.

Direct deposits from anyone other than the Federal government cannot be redirected. You must contact the sender and arrange for these deposits to be made to another financial institution.


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11. Will I incur an early withdrawal penalty on my CD?

No. The checks for insured deposits, including interest accrued and unpaid through March 9, 2012, will be mailed on Monday, March 12, 2012, from the FDIC offices in Arlington, VA.


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12. How will I get my final account statement(s) from New City Bank?

A final statement will be mailed within one week of the closing.


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13. Will I be paid interest at the same rate?

Yes. Interest was accrued at your same rate and will be paid through March 9, 2012. Insurance checks for insured deposits, including interest, up to the insured amount will be mailed March 12, 2012, from Arlington, VA.


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14. Can I cash my interest check or cashier's check?

No, however any official check issued to you that is still outstanding after March 9, 2012, is fully insured. The official check will automatically be replaced by an insurance check from the FDIC that will be mailed to the address on the check. If the address is not on the check, call the FDIC Call Center 800-523-8173 to set up an appointment with a Claims Agent.


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15. Will online banking work?

No, online banking is not available.


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16. What if I have an Individual Retirement Account (IRA)? Is my IRA insured?

You will receive a separate check from the FDIC for the principal balance in your IRA account, plus interest accrued and unpaid through March 9, 2012, up to $250,000. You have 60 days to reinvest this deposit/distribution into another retirement vehicle to qualify as a rollover for income tax purposes. You should consult IRS Publication 590 and/or your tax advisor concerning the possible tax consequences of this distribution. IRS Publication 590 may be obtained by contacting your local IRS office or via the Internet at www.irs.gov.


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17. Will I lose anything on my deposit account?

Principal and interest on insured accounts, through Friday, March 9, 2012, are protected by the FDIC, to at least $250,000. Certain entitlements and different types of accounts can be insured in excess of the $250,000.

If you have more than $250,000 in an interest bearing account or if the total of your related interest bearing accounts exceeds $250,000, your accounts may require review by an FDIC Claim Agent. All accounts that appear to be related are reviewed to determine ownership and insurance coverage. IRA deposits are insured separately, see answer to Question 16. See answer to Question 1 for information regarding forms you may need to complete to expedite this process.


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18. What will happen to the checks that have not cleared my account?

Checks that were drawn on New City Bank that did not clear before the institution closed will be returned indicating “Bank Closed.” This document is a letter you can provide to your creditors explaining the bank is closed, and checks have been returned through no fault of your own. You should contact the payees as soon as possible.


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19. What if I need information regarding my account during the time New City Bank was in business?

Please contact the FDIC Customer Service at 877-680-4377 to request a copy of your records.


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20. Who will send my 1098 and/or 1099 information after the end of the year?

The FDIC will be responsible for mailing your 1099 tax information. Your 1098 reporting will be done by the FDIC or the servicer of your loan. You will be notified of any changes in ownership or servicing of your loan.


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21. Will I collect my uninsured deposits?

If you have a loan in the same name as your uninsured deposit account, it may be possible to offset your uninsured amount against your loan. You should discuss this with the Claims Agent during your appointment.

If it is determined that you have some uninsured funds, the FDIC will mail you a Notice of Insurance Determination that includes a Receivership Certificate Number. This Certificate entitles you to share proportionately in any funds recovered through the sale of the assets of New City Bank. You may eventually recover your uninsured funds as assets are liquidated.

When a financial institution is closed, and the FDIC is appointed Receiver, one of Receiver's responsibilities is to sell the institution's assets to pay the depositors and creditors. The money generated by the sale of these assets will flow through the Receivership and periodic dividend payments will be made to proven claimants when excess cash is available. For an explanation of the dividend process, go to FDIC Dividends from Failed Banks (closedbanks.fdic.gov/dividends/).

Of course, you will receive immediate full payment for your insured deposits by check directly from the FDIC.


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22. Can funds be wired to me?

No. Insurance proceeds cannot be wired to depositors.


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LOAN QUESTIONS

23. Will my automatic payment still occur on its assigned date?

No. All accounts have been closed. Until further notice, you should make your payments with a check payable to New City Bank mailed to New City Bank, 900 South Michigan Avenue, Chicago, IL 60605.


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24. Will construction draws continue? Will my project be completed?

Each loan is being reviewed independently. You should direct your questions to your loan officer.


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25. Will my subcontractors be paid as before?

Each loan is being reviewed and a plan of action will be determined on a case-by-case basis. You should direct your questions to your loan officer.


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26. Will my escrows continue to be paid?

All services previously performed related to your loan will continue. Should you receive notification that any portion of your taxes or insurance were not paid, please notify your loan officer immediately.


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27. Are there any changes to fees or charges due to this event?

No. The current fee structure will remain the same.


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28. Will the FDIC continue foreclosures in process?

At this point, we have suspended all foreclosure actions in order to evaluate the loans and the borrower’s ability to repay. It is our intention to sell all loans, and it will be up to the new owner to determine the best method of collection on the loan. There may be instances where we will continue with the foreclosure process, but this will be done on a case-by-case basis.


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29. Who is my lender and has my loan contact changed?

Your loan is now owned by the FDIC and is currently is being serviced as in the past.


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30. Will my loan be sold?

Your loan may be sold at a future undetermined date. If that occurs, you will be notified in advance through written correspondence. You have the right to refinance your loan with another lender.


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31. Can I continue to perform advances on my line of credit?

No. All lines of credit, including Home Equity Lines of Credit (HELOCs), have been suspended. You should contact another financial institution to discuss establishing a borrowing relationship.


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32. I have a loan currently in process. How is my loan impacted?

Please contact your loan officer.


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33. Will my overdraft line of credit continue to cover my overdrafts?

No. All accounts are closed.


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34. How and where do I make my payments?

You should continue to make your payments as agreed. Make checks payable to New City Bank and mail your check to:

New City Bank
900 South Michigan Avenue
Chicago, IL 60605


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35. If I refinance with another lender, will my pre-payment penalty be waived?

Any pre-payment penalty will be waived as long as FDIC as Receiver for New City Bank has control of your loan, and you obtain refinancing of the outstanding balance on the account with another financial institution.


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36. What will happen to my SBA loan application in process?

The FDIC as Receiver for New City Bank will not be originating any new loans.

If your loan has been approved by the SBA, but is not yet funded, please contact your loan officer. He will direct you to the proper SBA contact to help you locate another approved lender.

If your loan is in process, but is not yet approved by the SBA, we will release your SBA package on file with us to you, and you will need to apply with another SBA-approved lender. Please contact your loan officer to arrange to retrieve your application from the bank.


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37. What will happen to my loan?

Each loan is currently being reviewed to determine the best action for that individual loan. You have the right to refinance your loan with another lender.


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GENERAL QUESTIONS

38. When can I obtain the contents from my safe deposit box?

You should arrange to remove the contents of your safe deposit box as soon as possible.


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39. Why do all deposits, insured or not, pass in some transactions but not in others?

When a buyer cannot be found for a failed bank, the FDIC honors its obligation to insured depositors by mailing them an insurance check.


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40. How can I find out more about Federal Deposit Insurance rules?

You may access our website, which contains deposit insurance information and an Electronic Deposit Insurance Estimator (EDIE) (edie.fdic.gov/). At the website, 1. Click on Deposit Insurance, 2. Click on “Are my deposits insured?”, 3. Click on “Your Insured Deposits” (for a comprehensive guide), 4. Click on EDIE (to calculate your insurance coverage)

You may also order any FDIC publication by mail at:

FDIC
3501 North Fairfax Drive
Room E-1002
Arlington, VA 22226
Telephone: 703-562-2296
Email: publicinfo@fdic.gov


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41. I represent a TV/Newspaper/Radio and would like some information.

Please contact the Office of Public Affairs:

Greg Hernandez
202-898-6984
ghernandez@fdic.gov


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42. I am a shareholder in New City Bancorp, Inc. What happens to my shares?

The New City Bank had no publicly owned stock. Equity shareholders were invested in the holding company, New City Bancorp, Inc., Chicago, IL and not in the bank. Please do not file a claim with the Receiver, instead contact the holding company's attorney with any questions.

Vince Cainkar, Attorney
6215 W. 79th Street, Suite 2A
Burbank, IL 60459
708-430-3988


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43. I am owed money by New City Bank for goods or services. What should I do?

Please send your bills to:

FDIC as Receiver for New City Bank
1601 Bryan Street
Dallas, TX  75201
ATTN: Claims Agent


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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 personal 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/newcity.html