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04-02-1992 13144 "�252 4799 LC4AL AtPAR7Mr P.04 <br /> VP <br /> wma Schimeck -3W July 1$, 1990 <br /> I do not have any ppresent knowlecg• concersung tna! extent or the <br /> named pert ,s participation in the management and operation of <br /> the cvntaminatid facilityalthough there appears to be some <br /> involvement in that facility. <br /> since it is the respponoibl.lIty or a iocel agency under our pilot <br /> program contracts with those agencies to identify the <br /> responsible arty, 1 recommend that you provide a copy of this <br /> memo to the ?coal agency and ask than to make a determination <br /> concerning wi%ether, given the specific facts involved, the named <br /> party can be identified as the appropriate responsible party in <br /> this case. <br /> 2. Can the sevI ngs institution which currently holds- legal <br /> title to the property be named as a responsible party? <br /> As previously indicated,_ ':helve :af:..the .contesrnirtatC�c prnpnr*.� <br /> at-the--tIM ;taf?_' :h � �nrr+r»a:,rr�r, .. <br /> ctwts;: •�clt'�3 wen . pri�i�ar .,dux'1nq. that <br /> v�ity extends to those, tike the savings <br /> institution, who become ownees by virtue of foreclosure <br /> proceedings. <br /> in the present circumstances, however, the cravings institution <br /> may seek to kava the foreclosure rescinded. she effects of <br /> rescission are to annul or void the action, plaoing the parties <br /> In a positfon as if the action had waver taken place. if in <br /> fact the re3sclssion occurs, x believe it,would be very difficult <br /> to hold the savings institution liable for the cleanup costs, <br /> although Y am not aware of any specific case on this subject at <br /> the promt tl.%*. <br /> As with the response to question No. 1, this a situation which <br /> should bonventigated- by the local agency which has a <br /> contractual responsibility under the pilot program contracts to <br /> identify the appropriates responsible party. <br /> At a final comment, the local ngdncy has indicated in -its letter <br /> of Eeaawaber 5, 1939 to Mike XODonald, that the program's <br /> instructions to local agencies have been to place site ih the <br /> pilot program only. wham a willing responsible party cern be <br /> identified. 3t does not appear that there is such a Willing <br /> party in the instant case. <br /> Attachments. (3) <br /> cce Janes winchell, OCC <br /> Kik* XerDnnald, CWP <br /> taus Johnston, CWP <br />