Check Clearing Legislation
Check clearing for the 21st
century (Check 21) is new federal legislation that will impact the way banks process checks. It is the
biggest change to check processing in nearly 50 years.
Currently banks rely on physical transportation such as couriers, trucks and airplanes to deliver checks
between banks for payment. This means there is a potential delay in delivery and check payment due to unexpected
circumstances such as weather, traffic, including natural and other disasters.
The new Check 21 legislation
will improve the efficiency and security of the check payment system through the use of electronic digital image technology.
Check 21 allows
banks to pay checks electronically through the use of digital images or to continue to pay checks using the current paper
based method. This legislation allows banks to replace the original paper check with a digital image of
the original check. This digital image of the original check or substitute check is the legal equivalent
of the original check and is accepted by auditors, accountants, courts and the IRS.
Check 21 requires that all financial institutions in the US accept and process the digital image
checks as of October 28, 2004.
When you write a check it may be handled by several financial institutions before it actually pays
against your account. This is why in the past you were able to ‘float’ money, that is, write
a check and not have the funds to cover the check for a day or two. Not anymore! Any
one of the financial institutions that handles your check may choose to replace the original check with a digital
image of the check.
The time that the money will be withdrawn from your account can immediately which means you better
have the money to cover the amount of the check or you will end up with an overdraft charge against your checking account
and the person to whom you wrote the check will receive notice that you have written an ISF check (Insufficient Funds).
If your original
check is not returned to your bank by other processing banks, it will not be returned to you. Instead,
you will receive a substitute check with your monthly statement that is a digital image of your original check.
Contact us at:
For Mortgage Loans Contact: Joe Toscano at 619.246.6250
Joe Toscano is licensed Broker by the California Department of
Real Estate # 01163009 and
NMLS #305559