Mispression of felonies, Cover Up The Great Texas Bank Job

Judson Witham
Mispression of Felonies, Cover Up The Great Texas Bank Job
Fri Oct 29, 2004 10:59
207.160.231.7

If you are correct, and I have seen bigger surprises, then Mr. Kerry Must Be Delt with as well. Here is a letter I wrote this morning to a friend in the Real Estate Business. Suffice it to say READ the Letters and Responses to the FDIC office of FOIA and the Arkansas US Attorneys Offices below. The Title Investigations are were the DIRT comes to light. Title Work is to Bank Fraud as DNA is to Homicide Investigations. Elliot Spitzer needs to KNOW their is Insurance Company Prints and DNA all over the Massive Bank and S&L Lootings of the last few DECADES. Peace

________________________________________________________-
EFOIA@FDIC.gov 


I suggest to you that Defects In The Title Examination and Insurance phase of a SUBDIVISION Bank/S&L Financing Transaction, is to Bank Looting as DNA and TRACE EVIDENCE is to Homicide Investigations. Somebody at FDIC is hiding something !

http://www.1800lawinfo.com/practice/panews.htm?parea=Securities+Fraud

Elliot Spitzer's PROBE of Insurance Companies is quit timely. You see Title Insurance Policies being Financial Instruments SECURING Titles to land being developed and marketed from THOUSANDS of Illegal Subdivisions DO NOT PASS THE SMELL TEST.
Title Policies ARE FINANCIAL SECURITY INSTRUMENTS- NO ?

judson witham wrote:
Date: Thu, 28 Oct 2004 13:09:47 -0700 (PDT)
From: judson witham
Subject: RE: FOIA Log # 04-0647
To: EFOIA
CC: ffisch@fdic.gov


Suffice it to say, Lender Indemnity Insurance, or Title Policies on Land Developments being Financed by Institutions is Loan Officer 101 stuff. Indemnity Policies involving Land Subdivisions or Real Estate Development practices is NOT Rocket Science, so I could not disagree with you more, and believe that You Know very Well what Catagory of information that is being sought. Anyone who has ever bought a piece of land or home through a Federally Insured Loan Program ie FDIC, FSLIC, FHA, FmHA, HUD, VA, Fannie Mae, Freddie Mac or who ever KNOWS that Title Insurance is a REQUIREMENT. The Title Insurance Practices or Title Abstracting associated with underwriting Title Insurance for Real Estate Lending is FIRST YEAR COLLEGE STUFF, you insult my intelligence.

Please reconsider your position and Let Me Know what types or catagories of information your agency DOES CONTROL that reveals who was Checking Title on all the REAL ESTATE SCHEMES and CONS associated with the Massive Bank and S&L Debacles of the 1980s/1990s. You know the Bank Officers had a FIDUCIARY OBLIGATION to only lend on LEGAL LAND DEVELOPMENT PROJECTS. Hey maybe even the Historical Context on such LAND LENDING going back to the 1920s, 30s and 40s, 50s and 60s, 70s may be in order. SOMETHING IS ROTTEN IN DENMARK, I think would be an understatement. I appreciate your cooperation.

So you can better understand what an ILLEGAL SUBDIVISION IS I provide you with the following VERY EDUCATIONAL LINKS on Bogus, Corrupt and Fraudlent land Development, FINANCING and Marketing Practices.

http://www.unescap.org/huset/land_policies/#_1_20 

http://www.co.cochise.az.us/treasurer/LandFraud.htm

http://www.spikowski.com/landscam.htm

Thank You

Judson Witham

EFOIA wrote:
VIA E-MAIL ONLY



Mr. Judson Witham

P.O. Box 309

Chadwick, Missouri 65629



Dear Mr. Witham:



RE: FDIC FOIA Log No. 04-0647


This is in response to your electronic mail message of October 26, 2004, in which you posed various questions with respect to "Title Insurance Western Bank and Texas Subdivisions Development Loans." Specifically, you asked:



"Who provided the Lenders Indemnity Policies to Western Bank for the Texas Subdivisions Developments and Subdivisions Western Bank Financed? Who provided Title Insurance to the Consumer Purchasers of Lots at these developments? Were the SUBDIVISIONS lawful and properly platted and approved RECORDED and ACCEPTED Subdivision Developments? Who were the lead attornies for your offices who delt with the RTC and the Western Bank Failure investigations? Were all of Western Banks Real Estate Developments Lawfully Platted and Recorded APPROVED Texas Subdivisions? Who ABSTRACTED the Titles at these developments for the DOJ and US Government?"



You submitted your request via a link to the Freedom of Information Act, 5 U.S.C. 552 ("FOIA") on the FDIC's Internet web site, www.fdic.gov. Thank you using our agency web site.



The FOIA requires that a request reasonably describe the information sought and it be made in compliance with an agency’s published regulations, including those pertaining to fees. A reasonable description is one that would enable a professional agency employee reasonably familiar with the subject matter of a request to locate the information requested with a reasonable amount of effort. Our published regulations provide, at 12 C.F.R. Part 309.5 (b)(3), “A request for identifiable records shall reasonably describe the records in a way that enables the FDIC’s staff to identify and produce the records with reasonable effort and without unduly burdening or significantly interfering with any of the FDIC’s operations.”



Your request does not describe the information that you wish to obtain in a way that would enable the FDIC's staff to identify and produce that information with a reasonable effort. Instead, your request poses a series of questions with respect to "Title Insurance Western Bank and Texas Subdivision Development Loans." To comply with your request, we first would have to undertake research to locate records that might contain relevant information. We then would have to analyze those records in order to prepare a separate narrative response to each question. The FOIA, however, requires that an agency undertake a records search reasonably calculated to lead to the retrieval of all reasonably described information. The FOIA does not require that an agency undertake research or analysis, create records, or prepare narrative explanations to questions. Accordingly, we are unable to further process your request beyond sending this electronic mail message.



Some of the questions that you posed appear to relate to official investigations which may have been conducted by the RTC. Much information with respect to RTC investigations already has been made publicly available pursuant to paragraphs (a)(1) and/or (a)(2) of the FOIA. Paragraph (a)(3)(A) of FOIA provides that, “Except with respect to the records made available under paragraphs (1) and (2) of this subsection, each agency, upon any request for records which (i) reasonably describes such records and (ii) is made in accordance with published rules stating the time, place, fees (if any), and procedures to be followed, shall make the records promptly available to any person” (emphasis added). The FOIA does not require that FDIC produce, in response to a request made pursuant to paragraph (a)(3)(A), information made available to the public pursuant to paragraphs (a)(1) and (a)(2). Therefore, to the extent that your request may seek information that already may have been made publicly available in FOIA Reading Rooms or otherwise under paragraphs (a)(1) and/or (a)(2) of the FOIA, you may not request that information under paragraph (a)(3).



Our published regulations provide that a FOIA request shall contain "[a] statement agreeing to pay the applicable fees, or a statement identifying a maximum fee that is acceptable to the requester, or a request for a waiver or reduction of fees that satisfies paragraph (f)(1)(x) of this section[.]" 12 C.F.R. Part 309.5 (b)(2)(iii). In accordance with these regulations, for FOIA fee purposes, your request was categorized to be for other than commercial use. Therefore, you would be entitled to two hours of free search time and to one hundred pages of free duplication, and would not be assessed any review costs. However, you would have to agree to pay all other direct costs of search and duplication, whether any responsive information was located and, if located, whether any such information was disclosed or withheld. If the estimated costs were likely to exceed $250.00, you also would have to tender an advance deposit equal to twenty percent of the estimated costs.



In your letter, you agreed to pay only duplication costs of $0.10 per page. Even if we could comply with your request, the direct billable search and duplication costs could be substantial, and easily could exceed $250.00. Moreover, the very nature of some of the information that you requested (e.g., information with respect to third party consumer purchasers), makes it unlikely that FDIC would possess that information. Even if such information could be located, that information ultimately might be determined to be exempt from disclosure. Therefore, little, if any, useful information ultimately might be disclosed to you. You would, however, be responsible for the payment of all direct billable costs.



The FOIA is an information access statute that allows a person to request access to agency records concerning the operations and activities of the Federal government. The FOIA is not a substitute for civil discovery or for independent research, such as researching county land records and plats. Compliance with the requirements of the FOIA and with an agency’s published regulations are a prerequisites to an agency’s duty to search for and retrieve any responsive information.



For the foregoing reasons, we now are closing your request file. You may, of course, submit a new FOIA request at any time in compliance with the FOIA and the FDIC's published regulations, including those pertaining to fees. If you have any questions, you may contact me at (202) 736-0526 or may contact Senior FOIA Specialist Jerry Sussman of my staff at (202) 736-0532.



Sincerely,



Fred Fisch

Supervisory Counsel

FDIC Legal Division

(202) 736-0526

ffisch@fdic.gov



-----Original Message-----
From: jurisnot@yahoo.com  [mailto:jurisnot@yahoo.com ]
Sent: Tuesday, October 26, 2004 10:03 AM
To: EFOIA
Subject: FOIA Request Form _



* This Email was sent from the EFOIARequest application on the Production server www2.fdic.gov. *

The following EFOIA Request was sent on October 26, 2004 at 10:03 AM.

SENDER NAME:
Judson Witham

E-MAIL:
jurisnot@yahoo.com 

FIRM:


ADDRESS:
PO Box 309
Chadwick, MO 65629

PHONE:
417-877-6829

BANK NAME:
Western Bank Houston

BANK LOCATION:
Houston Texas

MAXIMUM FEE:
.10 cents a page

INFORMATION
REQUESTED:
judson witham wrote:

Date: Mon, 25 Oct 2004 08:47:33 -0700 (PDT)
From: judson witham
Subject: Title Insurance Western Bank and Texas Subdivision Development Loans, Whitewater/Castle Grande and Arkansas Subdivision Loans etc. et al

To: FSMinfo@arwd.uscourts.gov 
CC: FAYinfo@arwd.uscourts.gov 

To whom this concerns:


Who provided the Lenders Indemnity Policies to Western Bank for the Texas Subdivisions Developments and Subdivisions Western Bank Financed? Who provided Title Insurance to the Consumer Purchasers of Lots at these developments ? Were the SUBDIVISIONS lawful and properly platted and approved RECORDED and ACCEPTED Subdivision Developements ? Who were the lead attornies for your offices who delt with the RTC and the Western Bank Failure investigations ? Were all of Western Banks Real Estate Developments Lawfully Platted and Recorded APPROVED Texas Subdivisions ? Who ABSTRACTED the Titles at these developments for the DOJ and the US Government ?


THANKS
 


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