Wells Fargo Bank, National Association et al v. City of Richmond, California et al

Filing 49

Declaration of John Ertman in Support of 45 Reply to Opposition/Response, 46 Opposition/Response to Motion, 45 Motion for Preliminary Injunction, 46 Motion to Dismiss filed byDeutsche Bank National Trust Company, Deutsche Bank Trust Company Americas, Wells Fargo Bank, National Association. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Exhibit S, # 20 Exhibit T, # 21 Exhibit U, # 22 Exhibit V, # 23 Exhibit W, # 24 Exhibit X, # 25 Exhibit Y, # 26 Exhibit Z, # 27 Exhibit AA)(Related document(s) 45 , 46 ) (Tsai, Rocky) (Filed on 8/29/2013)

EXHIBIT E

From:
Sent:
To:
Subject:

Jeffery Shoji [[e-mail]]
Wednesday, December 05, 2012 2:53PM
Nicole Valentino
RE: Mortgage Resolution Partners

If you like, we can schedule the meeting in tandem with our meeting re boards and commissions.

Jeff Shoji
Community Advocate
Ph. 510-620-6502
From: Nicole Valentino
Sent: Wednesday, December 05, 2012 11:34 AM
To: Gayle Mclaughlin; Jeffery Shoji
Subject: RE: Mortgage Resolution Partners
Yes. I would be glad to attend this meeting next Tuesday. I will meet with Jeff to hear what he has to share in terms of
background information.

From: Gayle Mclaughlin
Sent: Wednesday, December 05, 2012 11:28 AM
To: Jeffery Shoji; Nicole Valentino
Subject: RE: Mortgage Resolution Partners
Hi Nicole,
Can you attend this meeting rather than Jeff next Tuesday (as he has a doctor's apt)? Jeff can fill you in on discussions
thus far. The bottom email on this thread explains the effort that this organization is working on. It's
interesting .... they're working with cities and counties to exercise powers of eminent domain to purchase ~~underwater
mortgages." It's unique in that it's not purchase of the house but purchase of the mortgage. Then, after the city or
county has the mortgage in its hands, it can refinance the loan at more favorable terms for the borrower. It seems to be
an innovative approach to keep homeowners in their homes.
It's important we have someone from the office in on this meeting (if at all possible). Let me know.
gayle
Gayle McLaughlin
Mayor, City of Richmond
450 Civic Center Plaza
Richmond CA 94804
Ph: (510} 620-6503
Fax: (510} 412-2070
[e-mail]

From: Jeffery Shoji
Sent: Wednesday, December 05, 2012 10:29 AM
To: Gayle Mclaughlin
Subject: RE: Mortgage Resolution Partners
Doh! I have a doctor appointment scheduled exactly at 2PM that day ...

Jeff Shoji
Community Advocate
Ph. 510-620-6502

From: Gayle Mclaughlin
Sent: Tuesday, December 04, 2012 3:29 PM
To: Jeffery Shoji
Subject: FW: Mortgage Resolution Partners
Jeff-Will you attend this?

Gayle Mclaughlin
Mayor, City of Richmond, CA
Mayor@officeofthemayor. net
(51 0) 620-6503

From: Sue Kadlec
Sent: Fri 11/30/2012 9:55AM
To: Gayle Mclaughlin; Bill Lindsay
Cc: Kibibi Culbertson; Jeffery Shoji
Subject: RE: ~·1ortgage Resolution Partners
Mayor: Mr. Lindsay already has an appointment with Mr. Higgins regarding this subject scheduled on Tuesday,
December 11th at 2pm. Are you available to attend, or have Jeffery attend?
City staff in attendance: Patrick Lynch, Tim Jones, Tim Higares, Chief Magnus, Bruce Goodmiller, Natalia Lawrence,
Carlos Privat, and LaShonda White; possibly Trish Aljoe.
Please advise.

Sue Kadlec
Executive Assistant to City Manager Bill Lindsay
City Manager's Office
450 Civic Center Plaza, Suite 300
Richmond, CA 94804
510-621-1264 direct line
510-620-6542 fax

From: Gayle Mclaughlin
Sent: Friday, November 30, 2012 9:37AM
To: Bill Lindsay
Cc: Kibibi Culbertson; Sue Kadlec; Jeffery Shoji
Subject: FW: Mortgage Resolution Partners
2

Hi Bill,
This might have some possibilities for us. Would you be willing to meet with me and this organization sometime
between Dec 18th and Dec 20th? Include any staffmembers you think should be there.
K-pls coordinate with Sue on this. Include Jeff in the meeting.
gm

Gayle McLaughlin
Mayor, City of Richmond
450 Civic Center Plaza
Richmond CA 94804
Ph: (510} 620-6503
Fax: (510} 412-2070
Mayor@of[iceo{themayor.net

From: Bill Higgins [mai Ito: BHiqq ins@ mortqaqeresol uti on pa rtners.coml
Sent: Friday, November 30, 2012 7:23AM
To: Gayle Mclaughlin; Susan Boreliz; Kibibi Culbertson
Subject: Re: Mortgage Resolution Partners
I vvould be happy to schedule something that vveek.

I am generally open between the 18th and 20th right now and could come down at your convenience.
Bill

Bill Higgins
916.717.8324 T
From: Gayle Mclaughlin <[e-mail]>
Date: Friday, November 30, 2012 6:26AM
To: Susan Boreliz <[e-mail]>, Kibibi Culbertson <Kibibi [e-mail]>

Cc: Bill Higgins <[e-mail]>
Subject: RE: Mortgage Resolution Partners

Dear Susan and Bill,
Thank you so much for your email. I am definitley interested in meeting to learn more about this. The earliest I could
meet would be the week of Dec. 17.
I would like to include some of our key staff people including our Code Enforcement Officer and City Manager. I will ask
Kibibi to schedule this meeting for the week of Dec. 17, if that works for you.
Many thanks,
gm

3

Gayle Mclaughlin
Mayor, City of Richmond, CA
Mayor@officeofthemayor. net
(51 0) 620-6503

From: Susan Boreliz [mailto:[e-mail]]
Sent: Fri 11/30/2012 1:20AM
To: Gayle Mclaughlin; Kibibi Culbertson
Cc: Bill Higgins
Subject: Re: Mortgage Resolution Partners

Dear Mayor McLaughlin and Kibibi,
I hope you both had a nice Thanksgiving holiday.
Kibibi and I spoke to each other briefly just before Thanksgiving, and as I promised, I am
now following up with both of you to see when we might be able to meet with Mayor
McLaughlin in the near future to discuss Mortgage Resolution Partners. I have

attached the email chain to refresh your memory on the topic of
conversation. I realize the holiday season is definitely upon us, but I
hove we might be able to create a time to meet in the next week or
so?
I am copying Bill Higgins, MRP's California Director of Community

Partnerships, on this email to introduce you to him, as he will be
following up on any meeting we might be able to create.
Thank you for your time and attention, and Bill and I look forward to hearing back from
you at your earliest convenience.
Best regards,
Susan (cell: 510.517.1122)

On Wed, Nov 14, 2012 at 9:24AM, Susan Boreliz <[e-mail]> wrote:

Dear Kibibi and Mayor McLaughlin,
I will be contacting you by telephone this week about this email I sent in August. I
apologize for not following up sooner.
Thank you,
4

Susan

Susan Boreliz
0 925.941.4781
F 925.314.9556
c 510.517.1122
E [e-mail]
---------- Forwarded message ---------From: Susan Boreliz <[e-mail]>
Date: Thu, Aug 16, 2012 at 4:56 PM
Subject: Mortgage Resolution Partners
To: [e-mail]

Dear Kibibi and Mayor Mclaughlin,

Thank you, Kibibi, for speaking with me this morning. As you requested, this email will provide you
with some background for the company with whom I work: Mortgage Resolution Partners (MRP).
MRP is an organization formed to advise local governments on how to remedy the foreclosure crisis
through the creation of private-public partnerships utilizing the constitutional power of eminent
domain. Here is a link to MRP's website: http://mortgageresolutionpartners.com/

MRP is working with local governments across California and the nation which are considering local
action to resoive the underwater mortgage crisis that is piaguing their communities. iViany iocai
governments, including San Bernardino County, Suffolk County, and the cities of Chicago and
Berkeley, are considering using their powers of eminent domain to purchase underwater mortgage
loans from within their communities and work out the loans in ways that reduce principal and debt
service while minimizing the risk of future defaults and resulting harm to the community. For
example, they hope to allow borrowers to refinance their debt at lower, sustainable principal
balances. The goal is to keep as many homeowners in their homes as possible, minimizing the
damage of foreclosures on neighborhoods and reducing pressure from displaced families on the
limited stock of affordable rental housing.

Several large financial interests have publicly opposed the plan, threatening to litigate extensively and
to limit credit to communities that use their powers of eminent domain. Attached is an article by Matt
Taibbi detailing these threats. I am also attaching Op Ed pieces by Robert Shiller and Joe Nocera
published recently in the New York Times which discuss MRP's program. In addition, I am attaching
an article that appeared in the San Francisco Chronicle indicating Lieutenant Governor Gavin
Newsom's support for an innovative approach to keep homeowners in their homes.

5

I understand that Mayor Mclaughlin is not available to meet until sometime after August 27th. Upon
her return, I will be in touch with you again, as we would welcome the opportunity to hear her
suggestions as to how we can work with the constituents of Richmond in an effort to remedy the
economic blight that is undermining many communities.

Thank you for your time,

Susan

Susan Boreliz
0 925.941.4781
F 925.314.9556
c 510.517.1122
E [e-mail]

6