Question and Answer Guide
Omni National Bank, Atlanta, GA
FDIC Call Center
Toll free number 1-800-830-3256
Hours of Operation – Eastern Time
Friday, March 27, 2009: Until 9:00 p.m.
Saturday, March 28, 2009: 9:00 a.m. – 6:00 p.m.
Sunday, March 29, 2009: Noon – 6:00 p.m.
Thereafter: 8:00 a.m. – 8:00 p.m.
Is My Account Fully Insured? (closedbanks.fdic.gov/drrip/AFI/Search/)
Electronic Deposit Insurance Estimator (edie.fdic.gov/)
If the balance in your interest-bearing account(s) (this includes any accounts in which you have an ownership) is less than $250,000, or if your deposit is in a non-interest bearing transaction account(s), your total balance has been received by SunTrust Bank.
Georgia and Florida depositors have the opportunity to open a new account with SunTrust Bank or another institution by April 27, 2009. If you do not elect one of these options by that date, SunTrust will open a new account in your name.
Illinois and Texas depositors should move their account to another institution by April 27, 2009; otherwise, SunTrust will mail a check to your address of record with the bank.
You may continue to use your same check and ATM/Debit cards. However, checks which have not cleared by April 27 will be returned.
All direct deposits, including social security checks, will continue until April 27.
Omni National Bank, Atlanta, GA was closed Friday, March 27, 2009, by the Office of the Comptroller of the Currency (OCC). Subsequently, the Federal Deposit Insurance Corporation (FDIC) was named Receiver. SunTrust Bank will receive insured deposits and certain assets of Omni National Bank. See the OCC Press Release for further information. Share price does not trigger a bank closing and was not the reason for this failure. According to regulatory policy, there is no advance notice given to the public.
The good news is that no one lost any insured deposit money as a result of the closure of Omni National Bank. To protect depositors, the FDIC entered into an agreement with SunTrust Bank, Atlanta, GA, to receive the insured deposits of Omni National Bank.
- Over $250,000: What if I have more than $250,000 in my accounts at Omni National Bank?
- Account Hold: I have been advised there is a hold on my account. What does that mean?
- Account Insurance Status: Is my account fully insured? Is there a method to verify whether my account(s) at Omni National Bank are fully insured?
- ATM/Debit Card/Checks: Can I continue to write checks or use my ATM/Debit card?
- Automatic Payments/Online Bill Pay: Will my automatic Bill Pay payments continue?
- Brokered Deposits/Deposit Broker: I am a deposit broker or I have brokered deposits.
- Checks not honored: A merchant will not honor my check. What can I do?
- Claim Account(s): How do I claim my account(s)?
- Customer Impact: How does this action affect me?
- Direct Deposits: 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?
- Direct Deposits, Social Security: What will happen to my direct deposits?
- Early withdrawal penalty: Will I incur an early withdrawal penalty on my CD if I close my CD before maturity?
- Final Statement: How will I get my final statement(s) from Omni National Bank?
- Interest: Will I be paid interest at the same rate?
- Interest Checks/Cashier's Checks: Can I cash my interest check or cashier's check?
- Internet Connection: Will online banking work?
- IRAs: What if I have an Individual Retirement Account (IRA)? Is my IRA insured?
- Lose Any Money?: Will I lose anything on my deposit account?
- Outstanding Checks: What will happen to the checks which have not cleared my account?
- Records/Account Histories: What if I need information regarding my account during the time Omni National Bank was in business?
- Tax Reporting - 1098/1099s: Who will send my 1098 and/or 1099 information?
- Uninsured: Will I collect my uninsured deposits?
- Wire Transfer: Can funds be wired to me?
- Automatic Payments: Will my ACH transaction payment still occur on its assigned date?
- Construction Loan Draws: Will draws continue and will my project be completed?
- Construction Loan Voucher Control: Will my subcontractors be paid as before?
- Escrows: Will my escrows continue to be paid?
- Fees: Are there any changes to fees or charges due to this event?
- Foreclosures: Will the FDIC continue foreclosures in process?
- Lender and contact names: Who is my lender and has my loan contact changed?
- Loan Sales: Will my loan be sold?
- Line of Credit Advances Home Equity: Can I continue to obtain advances on my line of credit?
- Loan in Process: I have a loan currently in process. How is my loan impacted?
- Loan Sweeps: Will my loan sweep be discontinued?
- Overdraft Line of Credit: Will my overdraft line of credit continue to cover my overdrafts?
- Payments: How/where do I make my payments?
- Pre-payment Penalty: If I refinance, will my pre-payment penalty be waived?
- SBA Application in Process: What will happen to my SBA loan application in process?
- What Happens Now: What will happen to my loan?
- All-Deposit Transfer versus Insured Deposit Transfer: Why do all deposits, insured and uninsured, pass in some transactions but not in others?
- FDIC Insurance: How can I find out more information about FDIC Insurance rules?
- Media: I represent a TV/Newspaper/Radio and would like some information.
- New Bank Insured: Is the new bank insured by the FDIC
- Safe Deposit Box: How do I obtain the contents of my safe deposit box?
- Shareholders: I am a Shareholder. What happens to my shares?
- Unpaid Bill: I am owed money by Omni National Bank. What should I do?
- What happened?: What happened, why did the bank fail?
DEPOSIT QUESTIONS
1. Over $250,000: What if I have more than $250,000 in my accounts at Omni National Bank?
If you have more than $250,000 in your 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. You should call the FDIC to schedule a telephone appointment with an FDIC Claim Agent at 1-800-830-3256.
If you have an interest-bearing account or group of interest-bearing accounts that exceeds $250,000, 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).
If you are an investor with a deposit broker, you may need to complete one of these forms only if your investment exceeds $250,000. However, you must mail your form to your deposit broker for submission to the FDIC.
If your deposits DO NOT exceed $250,000, or if your deposits are in a non-interest bearing transaction account(s), you DO NOT need to complete these documents or contact the FDIC.
An account hold may be placed on an account due to the need for additional documentation from a depositor. For example, a Declaration for Trust form may be required to attest to the parties involved in a trust. These forms can be mailed to you, or you can access them online at: Deposit Claims (www.fdic.gov/regulations/laws/forms/#DepositClaims).
If you have a question regarding the completion of required affidavits or declarations, please call 1-800-830-3256 and indicate you have a form completion question.
2. Account Hold: I have been advised there is a hold on my account. What does that mean?
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 your loan officer or the FDIC at the number provided in the letter.
Another reason an account hold may be placed is due to the 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. Please contact the FDIC at 1-800-830-3256 to schedule a telephone appointment.
3. Account Insurance Status: Is there a method to verify whether my account(s) Omni National Bank are fully insured?
A tool, Is My Account Fully Insured? (closedbanks.fdic.gov/drrip/AFI/Search/), is available that allows failed bank customers the ability to verify whether their account is fully insured or if they need to contact the FDIC. 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 1-800-830-3256 to schedule a telephone appointment.
4. ATM/Debit Card/Checks: Can I continue to write checks or use my ATM/Debit card?
You will be able to continue using your personal checks and your ATM/Debit card; however, any checks clearing after April 27, 2009 will be returned. The ATM machine will be unavailable for a short period of time on Friday for processing; however, it will be operational shortly after that is accomplished and will be available as usual.
5. Automatic Payments/Online Billpay: Will my automatic payments through Billpay continue?
Billpay will be available over the weekend in a read-only mode; however, it will be available for transactions on Monday morning. Any payments scheduled through April 27, 2009 will be processed as directed. However, you should begin to make arrangements to transition to a new online banking service as the service will be discontinued on April 27, 2009.
6. Brokered Deposits/Deposit Broker: I am a deposit broker or I have brokered deposits. What do I need to do?
Brokered deposits will be held by the FDIC, and those insured deposits will be paid off when the insurance determination is complete. The FDIC offers an online reference guide to deposit brokers acting as agents for their investor clientele. This site outlines the FDIC’s policies and procedures that must be followed by deposit brokers when filing for pass-through insurance coverage on custodial accounts in a failed FDIC-insured institution. Please read the following Deposit Broker Processing Guide completely before contacting the FDIC with questions:
Deposit Broker Processing Guide (www.fdic.gov/deposit/deposits/brokers/index.html)
Should you have any questions regarding the completion of required affidavits or declarations on behalf of your client, please call 1-800-830-3256 and indicate you have a form completion question.
If you are a customer who has an Omni National Bank deposit through a broker, you must contact your broker with any questions. Once the FDIC receives a balanced investor file along with all the required documentation, from your broker, your insured funds will be wired to them on your behalf.
7. Checks not honored: A merchant will not honor my check. What can I do?
A copy of this document or the press release (www.fdic.gov/news/news/press/2009/pr09050.html) can be provided as both documents state insured deposits have been received by SunTrust. Omni National checks will continue to clear up to the available balance until April 27, 2009. Copies of this press release will be available at the bank. Depositors or merchants can also call the FDIC at 1-800-830-3256 or staff at your former Omni National Bank branch location.
8. Claim Account(s): How do I claim my account(s)?
A deposit insurance payment of your account(s) up to the insured limit has already been received by SunTrust Bank. Georgia and Florida depositors have the opportunity to open a SunTrust account or move your account to another institution by April 27, 2009. If you do not do so by that date, SunTrust will open a new account in your name.
Illinois or Texas depositors have the opportunity to move their accounts to another institution by April 27, 2009; otherwise, SunTrust will mail a check to your address of record with the bank.
Please be advised that if there is no activity in your account in the next 18 months, that money will be escheated to your state. Unclaimed property can be located by visiting www.missingmoney.com or contacting your state's treasurer's office or office of unclaimed property.
9. Customer Impact: How does this failure affect me?
In order to assist with an orderly transition of your deposits, Georgia and Florida depositors will have the opportunity to open a new SunTrust account or move your account to a new institution by April 27, 2009. Otherwise, SunTrust will open a new account in your name at the nearest SunTrust branch.
Illinois and Texas depositors should open a new account at another institution by April 27, 2009. If you do not elect one of these options by that date, SunTrust will mail a check to your address of record with Omni National.
As FDIC's paying agent, SunTrust will operate the former Omni National Bank locations on behalf of the receiver until April 27, 2009. You will have continued access to your money through your ATM/debit card and by writing checks. However, any checks that have not cleared by April 27, 2009 will be returned.
Can Omni National Bank customers use SunTrust Bank branches?
Please note you will not be able to transact business at existing SunTrust Bank branches until you open a new account with SunTrust Bank. Existing customers of SunTrust Bank will not be able to transact business at these former Omni National Bank branches.
If the balance in your interest-bearing account(s) (this includes any accounts in which you have an ownership) is less than $250,000, or if your deposits are in a non-interest bearing transaction account(s), the total balance(s) of your account(s) will be received by SunTrust Bank. Your account will be available at the former Omni National Bank branches.
If you have more than $250,000 in your interest bearing account (or $250,000 in your IRA), 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. Certain entitlements and different types of accounts can be insured in excess of the $250,000. If you think you might have uninsured deposits, please see question number one for information regarding forms you may need to complete to expedite this process.
If you had a loan with the bank, continue to make your checks payable to Omni National Bank and mail to the same address you have used in the past until you are instructed otherwise.
10. Deposits Existing at SunTrust Bank: 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 transferred accounts will be separately insured for at least six months after the merger. This grace period gives a depositor the opportunity to restructure his or her accounts, if necessary.
CDs from the assumed 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.
11. Direct Deposits, Social Security: What will happen to my direct deposits?
Direct Deposits, including Social Security checks, will continue until April 27. However, you will need to make other arrangements with your new bank for any direct deposits currently sent to your current Omni National Bank account as soon as possible.
12. Early withdrawal penalty: Will I incur an early withdrawal penalty if I close my CD before maturity?
No. 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.
13. Final Statement: How will I get my final account statement(s) from Omni National Bank?
SunTrust will mail your account statements at the same time you have received them in the past. Customers who have not elected an option by April 27, 2009 will receive a final statement.
14. Interest: Will I continue to earn interest at the same rate?
All interest on insured deposits accrued through Friday, March 27, 2009 will be paid at your same rate. SunTrust Bank will be reviewing rates and will provide further information soon.
If you deposited funds through a broker, the interest will accrue and be paid through Friday, March 27, 2009.
15. Interest Checks/Cashier's Checks: Can I cash my interest check or cashier's check?
Interest checks and cashier's checks will continue to clear until April 27, 2009. Official checks (those issued by institutions – for example, cashiers’ checks, certified checks, money orders) meet the definition of non-interest bearing transaction accounts. Under the Temporary Liquidity Guarantee Program, non-interest bearing transaction accounts are fully insured.
16. Internet Connection: Will my Internet connection to Omni National Bank work?
Over the weekend, the website will be available in a read-only mode. Online transactional service is expected to resume on Monday morning. Omni National Bank had a number of avenues for customers to access funds, and each of those avenues will be available when final processing is completed.
17. IRAs: What if I have an Individual Retirement Account (IRA)? Will my savings still be insured?
Yes. IRA funds are insured separately from other types of accounts up to $250,000.
If you close your IRA before maturity, you have 60 days to roll this over into another retirement vehicle. You should consult IRS Publication 590 and/or your tax advisor concerning the possible tax consequences of such distribution. IRS Publication 590 may be obtained by contacting your local IRS office or via the Internet at www.irs.gov.
18. Lose Any Money: Will I lose anything on my deposit account?
Principal and interest on insured accounts, through Friday, March 27, 2009, are protected by the FDIC, to at least $250,000. All accounts received by SunTrust are insured 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 your interest bearing account (or $250,000 in your IRA), 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. See question number one for information regarding forms you may need to complete to expedite this process.
19. Outstanding Checks: What will happen to the checks which have not cleared my account?
Checks that were drawn on Omni National Bank that did not clear before the institution closed will be honored up to your insured amount or available balance until April 27, 2009.
20. Records/Account Histories: What if I need information regarding my account during the time Omni National Bank was in business?
Please contact the FDIC as Receiver for Omni National Bank at 1-800-830-3256 to request a copy of any records you may need.
21. Tax Reporting - 1098/1099s: Who will send my 1098 and/or 1099 information after the end of the year?
The FDIC as Receiver for Omni National Bank will be responsible for mailing your 1099 tax information. Your 1098 reporting will be done by the FDIC as Receiver for Omni National Bank or the servicer of your loan. You will be notified of any changes in ownership or servicing of your loan.
22. Uninsured: 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 your claim agent during your appointment.
If it is determined that you have some uninsured funds, the FDIC will mail you a Receivership Certificate. This certificate entitles you to share proportionately in any funds recovered through the sale of the assets of Omni National Bank. You may eventually recover more of your uninsured funds as assets are liquidated.
When a financial institution is closed, and the Federal Deposit Insurance Corporation ("FDIC") is appointed as receiver, one of FDIC's responsibilities is to sell the institution's assets to pay the depositors and its 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 amount via SunTrust Bank.
If you have a deposit through a broker, your insured funds will be wired to your broker on your behalf once the FDIC receives all required documentation from your broker.
23. Wire Transfer: Can funds be wired to me?
Yes. Any outgoing wire fees will be waived. Please contact your former Omni National Bank branch location regarding your wire request.
LOAN QUESTIONS
24. Automatic Payments: Will my automatic transaction payment still occur on its assigned date?
Any automatic payments from your Omni National account will continue until April 27, 2009. We encourage you to check your bank account the day after your scheduled draft to verify the transaction. If the transaction did not occur, please notify your loan officer. You should make arrangements with your new bank as soon as possible.
25. Construction Loan Draws: Will construction draws continue? Will my project be completed?
Each loan is being reviewed independently, and you should direct your questions to your loan officer. These will be determined on a case-by-case basis.
26. Construction Loan Voucher Control: Will my subcontractors be paid as before?
Each loan is being reviewed independently and will be determined on a case-by-case basis. You should direct your questions to your loan officer.
27. Escrows: Will you continue to pay my escrows?
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.
28. Fees: Are there any changes to fees or charges due to this event?
No. The current fee structure will remain the same.
29. Foreclosures: Will the FDIC continue foreclosures in process?
At this point, we have suspended all foreclosure actions in order to properly 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.
30. Lender and contact names: Who is my lender and has my loan contact changed?
Your loan is currently owned by the FDIC and is being serviced by all of the same personnel with whom you have worked in the past. All prior contacts remain the same.
31. Loan Sales: 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. If you are concerned about whom your future lender or servicer will be, you have the right to independently refinance your loan with another lender.
32. Line of Credit Advances – Home Equity: Can I continue to perform advances on my line of credit?
All lines of credit, including Home Equity Lines of Credit (HELOCs) and overdraft lines of credit, have been suspended at this time and have been retained by the FDIC. You may contact your new bank to discuss establishing a borrowing relationship.
33. Loan in Process: I have a loan currently in process. How is my loan impacted?
Please contact your loan officer directly.
34. Loan Sweeps: Will my loan sweep be discontinued?
This will be determined on a case-by-case basis. Please contact your loan officer.
35. Overdraft Line of Credit: Will my overdraft line of credit continue to cover my overdrafts?
No. These lines have been retained by the FDIC and have been frozen. You will need to establish a new overdraft line of credit with your new bank.
36. Payments: How and where do I make my payments? Can I still pay by phone or at the branch?
You should continue to make your payments as agreed. Make checks payable to Omni National Bank and utilize the same payment address information. You may continue to make your payments at the branch or by phone via check or credit card.
37. Pre-payment Penalty: 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 Omni National Bank has control of the asset, and the borrower obtains refinancing of the outstanding balance on the account with another financial institution.
38. SBA Application in Process: What will happen to my SBA loan application in process?
The FDIC as Receiver for Omni National 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 make arrangements to retrieve your application from the bank.
39. What Happens Now: What will happen to my loan?
Each loan is currently being reviewed independently to determine the best action for that individual loan. If you are concerned about whom your future lender or servicer may be, you have the right to independently refinance your loan with another lender.
GENERAL QUESTIONS
40. All-Deposit Transfer versus Insured Deposit Transfer: Why do all deposits, insured and uninsured, pass is 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 is only able to transfer all deposits if the uninsured amounts are covered by the premium. The FDIC has been able to transfer all deposits in about 25% of the failures over the past 15 years.
41. FDIC Insurance: 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):
Deposit Insurance (www.fdic.gov/deposit/index.html)
Are my deposits insured? (www.fdic.gov/deposit/deposits/index.html)
EDIE (edie.fdic.gov/)
You may also order any FDIC publication:
FDIC Public Information Center
3501 North Fairfax Drive
Room E-1002
Arlington, VA 22226 703-562-2200 Phone
703-562-2296 Fax
publicinfo@fdic.gov
42. Media: I represent a TV/Newspaper/Radio and would like some information.
Please contact the Office of Public Affairs:
43. New Bank Insured: Is the new bank insured by the FDIC?
Yes. Your deposit at SunTrust Bank is insured by the FDIC, and each depositor is insured to at least $250,000, as established by law.
44. Safe Deposit Boxes: How can I claim the contents of my safe deposit box?
You should visit your former Omni National Bank branch location to remove contents from your safe deposit box by April 27, 2009. Please be advised if you do not clear your safe deposit boxes before that date, the box will be drilled under dual control. The contents will be escheated to your state. You will receive a letter at the address listed on the bank’s record prior to your box being drilled.
45. Shareholders: I am a shareholder. What happens to my shares?
The Omni National Bank had no publicly owned stock. Equity shareholders were invested in the holding company, Omni Financial Services, Atlanta, GA, and not in the bank. Share price does not trigger a bank closing and was not the reason for this closure. Please do not file a claim with the Receiver, rather contact the holding company with any questions you may have:
Omni Financial Services, Inc.
Six Concourse Parkway, Suite 2300
Atlanta, GA 30328-6185
1-770-396-0000
46. Unpaid Bill: I did some work for Omni National Bank and have not yet been paid. What should I do?
Please send your bills to the following address:
FDIC as Receiver for Omni National Bank
1601 Bryan Street
Dallas, TX 75201
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/omni.html