EverBank Can Multiply Your Financial Woes

by Hans Bader on October 7, 2008 · 74 comments

in Legal

Is any of our readers an expert on banking laws and customs?  The reason I ask is that recently, EverBank World Markets, after agreeing to renew a CD denominated in Icelandic Krona, suddenly closed it, purportedly because the “currency stopped trading.” 

The bank then “converted” my CD from Icelandic Krona into dollars at an eye-popping rate of 171.98 per dollar on October 6, cutting the value of my CD from $5691.11 to $3744.68 — a loss of two thousand dollars — by assigning the krona an extraordinarily low value.

What is extremely odd about this is that the exchange rate that EverBank recorded — 171.98 per dollar — is strikingly different from the rate of 112 Krona per dollar cited on EverBank’s own web site yesterday, and the rates cited by other financial information sources, like exchange-rates.org.   (Even those rates were themselves a huge drop for the Krona, which traded at around 60 per dollar at the beginning of 2008).   The net result of EverBank’s using this bizarre currency exchange rate was to reduce the value of my CD by nearly $2,000.  Icelandic currency traded at much higher rates on October 6 than the rate that Everbank used.

The rate EverBank used also finds no support at Bloomberg, the nation’s leading source of financial information, which shows the Icelandic Krona ranging from 96.68 per dollar to 128.17 per dollar in the period of October 3 through October 7.

Can any of our readers explain why EverBank did this?  And what remedies may exist under banking or contract law for what it did?

ADDENDUM, NOVEMBER 11: To all the folks who have emailed me about this: I apologize for this, but I am so busy now that I can’t respond to all your emails. I believe that one avenue for you to pursue is to file a complaint with the Office of Thrift Supervision. Another option would be to file a class action lawsuit in court. I received an email a long time ago from an attorney, Mike Millen of 119 Calle Marguerita #100, Los Gatos, California 95032, expressing interest in learning more about this situation (MikeMillen-at-aol.com). Mr. Millen might be able to provide you with some advice or assistance if you write to him.

SECOND ADDENDUM, DECEMBER 12: Attorney Mike Millen asks if anyone who suffered at the hands of EverBank lives in California. Please let me him, or me, know if you are. You can reach him at MikeMillen-at-aol.com, or me at hbader-at-cei.org. Thanks.

Mr Sarkar December 14, 2008 at 8:39 am

Does anyone know if US residents can open accounts in icelandic banks (over the internet, perhaps)? Perhaps one might instruct Everbank to transfer the ISK monies at CD maturity to a personal account in icelandic bank, instead of converting ISK-to-dollar at atrocious exchange rates.

Christian December 14, 2008 at 9:19 am

yes, but not easy. you need to check with Icelandic authorities for the details. I was looking into that but Everbank closed me out 1st.

Christian December 14, 2008 at 9:23 am

Here's the letter I am sending out tomorrow to Everbank:Attention: Thomas A. Hajda Everbank General Counsel Chuck Butler, President Everbank World MarketsSaturday, December 13, 2008Dears Sirs:This letter is in response to your letter, dated October 30, 2008 in which you responded to my Fedexed letter, dated Thursday, October 16, 2008, in which I provided my written instructions to explicitly “roll-over” my CD denominated in ISK maturing October 29, 2008. My letter was received by Everbank on October 21, 2008, signed for by “D.Goodman”. Even though every document I have from Everbank stated the “roll-over” would be automatic, I wanted to make sure there was no misunderstanding on the issue. Of course, I also provided online instructions to the same. I note you did not state receipt of my Fedexed letter, but rather referred only to the online message on your Everbank web site, which is either unprofessional at best, or an attempt at deception, at worst.Nevertheless, Everbank did forcefully close out the CD and exchanged it for USD at a rate of 253:1, compared to most quoted rates of the day (118:1). Although the rates Everbank provided were absolutely unfair to me, and exhibited Everbank’s obvious disdain for its customers, this is in fact not the core of the issue: ownership of a deposit (me) with a certification from the guardian of that deposit (Everbank). As the owner of that deposit, I and only I can determine when and the conditions of its withdrawal. As an institution, Everbank has the legal and fiduciary obligation to respect my ownership, even though Everbank may impose restrictions and other policies, such as early withdrawal fees and such. That in mind, nowhere within Everbank’s literature, prospectus or schedules available to me (I maintain copies), was there any indication of a forced closing on a certificate of deposit. The only case Everbank could do that would be if Everbank financially collapsed, and its FDIC insurance would consequently protect depositors. This was not the case here.What Mr Hajda explained in his letter was that Everbank entered into risky “forward contracts” on the Icelandic currency (ISK). This is irrelevant to my certificate of deposit as investing strategies of banks is not of my concern, ultimately, as I had and still have FDIC insured deposits. The same is true with all bank investments using depositors’ funds as the basis for banks’ investments. If I had wanted to take on that additional risk, on top of currency valuations, I would not have opened a Certificate of Deposit!!!With this letter:1. I demand Everbank pay me the value of my deposit, plus CD interest, plus typical money market interest of what is owed me for the time it is owed, minus what has already been refunded;2. I am instructing Everbank, once again, to “roll-over” my 2nd ISK CD, maturing 12/17/2008. If Everbank will not that, I demand to be paid the full value of my deposit plus interest.

Hans Bader December 16, 2008 at 2:40 pm

Do you live in California? Or know of someone else adversely affected by EverBank's actions who lives there?

If so, please contact Mike Millen. He's a California attorney, and it would be easier for him to potentially bring a class action if one of the adversely affected people he's representing lives in California.

You can write to him at MikeMillen-at-aol.com, or me at hbader-at-cei.org.

Thanks,

Hans Bader

TomBrandt December 17, 2008 at 5:53 am

Everbank just sold me out too! They sent the letter (via US Mail) saying that they would renew. I saved both the fraudulent letter and the envelope in which it came. The website showed my instructions to renew, right up until until the day they closed my so called CD. They violated their own "Truth" in Savings disclosure, which guarantees renewal. The money wasn't actually even on deposit at Everbank. I was told by Jennifer at Everbank that their "dealer" in Iceland alegedly had it all along. They advertise FDIC insurance. How can the funds be insured if same are actually in a foreign country? When they sell our assets at a discount, who pockets the rest? Not us! Isn't this mail fraud, along with embezzlement, and false advertisement? Are there any US Postal Inspectors reading this? Are there any US Attorneys reading this? Is there anyone form the Office of Thrift Supervision reading this?Forget about an Icelandic bank account. I opened one, and then they said they couldn't transfer to that account. Chuck is conveniently gone until Dec 29th. I just joined your club.

MSA December 19, 2008 at 6:37 am

Tom, Christian, what's the best way for all of us to contact each other? I need guidance here.

Christian December 20, 2008 at 5:11 am

MSA: The guidance I can offer is the 3 step process I am following:1. Hammer the official channels with demands of action;2. Approach specialized lawyers as to the feasibility of a class action lawsuit;3. If and when the above 2 have failed, consider an individual lawsuit against Everbank.I got an email from MikeMillen@aol.com a couple of weeks ago saying he was preparing to make an announcement to us, but Hans Bader's post above suggests to me we'd have to live in California for that, which I don't.

ed December 20, 2008 at 12:11 pm

Gentlemen Its is nice to know I have companions on this journey through misfortune- referring ofcourseto our Icelandic Krona accounts with Everbank World Market. My $20,000 venture investmentin a Icelandic Krona certificate account was redeemed by some agent of the Everbank World Market division for $6015 dollars on Dec 10th 2008. The CD account should have matured onDec 7th 2008 because thats when my financial situation was destroyed much like the US Fleetat Pearl Harbor. On Dec 8th- I notified Everbank World Market to place my Icelandic Kronaaccount in a bank escrow account until the financial crisis in the Icelandic banks had abated.I got a "Sorry were having our "Fire Sale" today. My Everbank World Market account hasreduced my net worth $13,985 dollars in 12 months ( I'm Retired ) The Wall Street Journal quotedthe Icelandic Krona at 121k per US dollar on my maturity date.That would give me a 50%loss, instead of at 2217.12k per US dollar, or a 70% give away bargian. I need a good laywer tosort out this information for proper Litigation and to notify the proper authorities so they can determine what legal conduct the Everbank World Currency Division perpetratedon theirIcelandic CD clients. How to get Justice for a US citizen against the World Banking Community is the real question. Ehat I really hate is playing Santa Claus to a bunch of real carpetbaggers.Well freinds- tis the season to be jolly- So have a "Scary Christmas to all and to all just get tightas Charlie road out of sight…….Ho..Ho..Ho EAR

BOB December 23, 2008 at 8:13 am

Sometime ago I received a reply to my OTS complaint from the Everbank lawyer, I quess this is the process the OTS uses to try to get the Bank and customer to settle this between themselves? The EverBank reply was basically nothing but he did say he was sorry….. I replied back to the OTS and restated my complaint. I live in Washington state so maybe I will try contacting banking authorities here? Or what about a small claims action to recover part of the loss?

MSA December 24, 2008 at 10:45 am

Bob, I would suggest going through a lawyer. For disclosure I am with Mike Millen as are a few people here.It's clear Everbank wants a fight so they will get one. I am going to make sure it's as painful for them as it has been for me. Mike wants somebody in CA because the laws are favorable there to initiate a suit of this kind. However I live in NY which is consumer friendly as well and am happy to be the lead plaintiff.Since Everbank is located in Islandia, NY, I am sure Andrew Cuomo's office would be interested in this. He's going to make Spitzer look like a banking crony. You reading this Everbank???

Christian December 25, 2008 at 8:11 pm

Oh, you better believe they're reading it. As it stands, they think they're going to get away with it. We'll shall see…

Alan December 28, 2008 at 7:05 pm

So, the OTS "encourages the voluntary resolution of DIFFERENCES between consumers and institutions". What are you guys complaining about? I thought that was the basic theory of "regulation" that you have been pushing!Jeez, what a nation of "whiners" "whining". Didn't you know this is all in your head?

D December 28, 2008 at 10:28 pm

I've started a blog for people victimized by Everbank. Please feel free to comment on it or to contact me by email.

The web address is as follows: http://thetruthabouteverbank.blogspot.com/

Christian December 29, 2008 at 3:45 am

Good job 'D'!Everyone should encourage / do a Google search on "truth about everbank"…http://thetruthabouteverbank.blogspot.com/

Alan December 29, 2008 at 5:56 am

Yes, good job D, now all you whiners and complainers can shed all your tears there instead of polluting this libertarian site with your complaints about how little the Feds are doing to protect you from our global free market financial system!

Christian December 29, 2008 at 6:51 am

Troll (Internet)From Wikipedia, the free encyclopediaAn Internet troll, or simply troll in Internet slang, is someone who posts controversial, inflammatory, irrelevant or off-topic messages in an online community, such as an online discussion forum or chat room, with the intention of provoking other users into an emotional response or to generally disrupt normal on-topic discussion.

Christian December 29, 2008 at 8:00 pm

Jason posted a few comments a while ago suggesting we were "lucky" to have got anything out of our ISK CDs. Well, guess who this Jason might be? Look at this Everbank list of Recent Promotions, then see "Jason Coots":With approximately $6 billion in assets and the support of 1,500 employees, the EverBank® Family of Companies builds upon a long-standing commitment to deliver innovative banking, lending, and investment products and services of exceptional value. Over 450,000 customers benefit from our high yields on checking and saving products, unique global market products such as foreign… New Hires and Recent Promotions at EverBankZac Addison, Assistant Vice President — Litigationwas Assistant Vice President — Litigation at Citi Residential Lending – 3 months agoRuss Cox, VP Project Managementwas Group Director – Customer Care at HSBC Card Services – 4 months agoKathy Mulholland, Accounting and Audit Coordinatorwas Associate, Project Resources Division at Steven Douglas Associates – 2 months agoJulie Hutcheson, HR Business Partnerwas HR Generalist at First Guaranty Bank – 2 months agoJustin Ferris, Area Sales Manager at EverBankwas Sales Manager at American Sterling Bank – 5 months agoElizabeth Brown, VP Senior Project Managementwas AVP Project Management – 2 months agoChristian Kren, Vice President of Business Financewas Vice President Planning & Analysis – 5 months agoJason Coots, Vice President-Marketingwas Assistant Vice President-Marketing – 5 months agoJim Hamby, SVP Director of Business Financewas SVP – 3 months agoDan Pastrana, Loan Officer with The Advisor Groupwas Underwriter/Processor – 4 months ago

Christian December 29, 2008 at 8:10 pm

Jason, no doubt Coots, from Everbank, posted the following outrageously dishonest comments. His profile can be viewed here: http://www.linkedin.com/pub/4/93b/4a7"From a outsider's prospective, it sounds like you are getting worked up over an investment decision you made that lost money/value and you are looking to recoup your losses through the bank that offered the investment.""I am not directly involved in this, so I apologize if I come across as butting in, but it sounds like someone needs to play devil's advocate, and a lot of what I have read just seems contradictive.""Just trying to give you an unbiased opinion, no need to be a jerk about it Christian…"

Alan December 30, 2008 at 11:59 am

The troll sez: You might want to take your conspiracy theories over to D's blog. This here one ain't your private sob-sister site.

Alan December 30, 2008 at 12:08 pm

The troll sez: Jason sounded a lot more objective and gave a more dispassionate analysis than any of you conspiracy buffs did. I'm not saying you weren't screwed. But I bet, given the emasculated state of the regulatory apparatus brought about by the last eight Bush/Republican/Libertarian years I think your chances are slim to none.On a "free market," Libertarian blog site that continues to extol anti-regulatory ideology, its IRONIC.

Troll January 7, 2009 at 5:13 am

Hmmm someone posted on an internet blog that happens to have the same name as someone working for this company with 1500 people. Seems like you are stretching for something here… Doubt anyone would use their real name if they did work for them… Then to put the guy's profile on here without any proof… VERY classy move Christian.

Christian January 7, 2009 at 9:45 am

You and your business are such class acts yourselves, Jason, I couldn't possibly hope to match you in 'classiness'.

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