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Failed Bank Information
Bank Closing Information for First Heritage Bank, N.A., Newport Beach, CA
  1. Introduction
  2. Press Release
  3. Acquiring Financial Institution
  4. Question and Answer Sheet
          En Espaņol
  5. Banking Services
  6. Loan Customers
  7. Possible Claims Against the Failed Institution
  8. Priority of Claims
  9. Dividend Information
  10. Brokered Deposits
  11. Purchase and Assumption Agreement (137 kb PDF File - PDF Help)
  12. First Heritage Bank, N.A., Contact Information
  13. Balance Sheet Summary
I.  Introduction
On July 25 2008, First Heritage Bank N.A., Newport Beach, CA was closed by the Office of the Comptroller of the Currency (OCC). Subsequently, the Federal Deposit Insurance Corporation (FDIC) was named Receiver.  No advance notice is given to the public when a financial institution is closed.

The FDIC has assembled useful information regarding your relationship with this institution.  Besides a checking account, you may have Certificates of Deposit, a car loan, a business checking account, a commercial loan, a Social Security direct deposit, and other relationships with the institution.  The FDIC has compiled the following information which should help answer many of your questions.

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II.  Press Release
The FDIC has issued a press release (PR-63-2008) about the institution's closure. If you represent a media outlet and would like information about the closure, please contact David Barr at 202-898-6992 or Andrew Gray at 202-898-7192 or 202-494-1049.
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III.  Acquiring Financial Institution

All deposit accounts have been transferred to Mutual of Omaha Bank, Omaha, Nebraska ("assuming institution").  All deposit accounts will be available as usual.

Your transferred deposits will be separately insured from any accounts you may already have at Mutual of Omaha Bank for six months after the failure of First Heritage Bank, N.A. Checks that were drawn on First Heritage Bank, N.A. that did not clear before the institution closed will be honored as long as there are sufficient funds in the account. If you have questions about your account(s) transferred to the assuming bank, you may speak to an FDIC representative regarding deposit insurance by calling 1-866-674-8944.

For general questions about FDIC deposit insurance coverage, please call 1-877-275-3342 or visit EDIE, the FDIC's Electronic Deposit Insurance Estimator.

EDIE - FDIC's Electronic Deposit Insurance Estimator

You may withdraw your funds from any transferred account without an early withdrawal penalty until you enter into a new deposit agreement with Mutual of Omaha Bank, as long as the deposits are not pledged as collateral for loans. You may view more information about Mutual of Omaha Bank. by visiting their web site.

First Heritage Bank, N.A. (www.mutualofomahabank.com)

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V.  Banking Services
You may continue to use the services to which you previously had access, such as automatic teller machines (ATMs), safe deposit boxes, night deposit boxes, wire services, etc.

Your checks will be processed as usual. All outstanding checks will be paid against your available balance(s) as if no change had occurred. Mutual of Omaha Bank will contact you soon regarding any changes in the terms of your account. If you have a problem with a merchant refusing to accept your check, please contact Mutual of Omaha Bank, Customer Service Department, at the Newport Beach branch at 949-863-9780 or the Los Angeles branch at 213-628-4500.   An account representative will clear up any confusion about the validity of your checks.

After July 25, 2008, your account will earn interest at a rate determined by Mutual of Omaha Bank. You will be notified by letter regarding this matter.

Your automatic direct deposit(s) and/or automatic withdrawal(s) should be transferred automatically to your assuming institution. You should contact your assuming institution, however, to discuss your account(s) and to insure that service is not delayed or discontinued.

All your deposit account histories and records will be transferred to your assuming institution. If your assuming institution requires any additional signatures or forms, it will notify you. If you have any questions or special requests, you may contact a representative of Mutual of Omaha Bank at the Newport Beach branch at 949-863-9780, the Los Angeles branch at 213-628-4500.

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VI.  Loan Customers
If you had a loan with First Heritage Bank, N.A., you should continue to make your payments as usual. The terms of your loan will not change under the terms of the loan contract because they are contractually agreed to in your promissory note with the failed institution.  Checks should be made to your former bank and sent to the same address until further notice.
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VII.  Possible Claims Against the Failed Institution

If you or your company provided a service or product, leased space, furniture, or equipment to Heritage Community Bank after Friday February 27, 2009 and have not been paid you do not have a claim against Heritage Community Bank. Please follow your normal billing procedures by providing an invoice as instructed.

Claims against failed financial institutions occur when bills sent to the institution remain unpaid at the time of failure. If you or your company provided a service or product, leased space, furniture, or equipment to Heritage Community Bank prior to Friday February 27, 2009 and have not been paid you may be entitled to a claim against the bank. If you provided a product to or a service for Heritage Community Bank prior to the bank's failure for which you have not been paid and you have not received communication, contact:

Federal Deposit Insurance Corporation
Receiver:   Heritage Community Bank
1601 Bryan Street
Dallas, TX 75201

Please note:  There are time limits for filing a claim, your claim must be filed on or before 06/02/2009.

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VIII.  Priority of Claims
In accordance with Federal law, allowed claims will be paid, after administrative expenses, in the following order of priority:
  1. Depositors
  2. General Unsecured Creditors
  3. Subordinated Debt
  4. Stockholders
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IX.  Dividend Information
Dividend History on First Heritage Bank, NA

Dividend Information on Failed Financial Institutions
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X.  Brokered Deposits
The FDIC offers a 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 deposited in a failed FDIC Insured Institution.  All deposits passed to Mutual of Omaha Bank.

Deposit Broker Processing Guide

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Last Updated 08/28/2012 cservicefdicdal@fdic.gov