Bank of New York Mellon v. City of Richmond, California et al

Filing 34

RESPONSE (re 28 MOTION to Dismiss for Lack of Jurisdiction ) filed byBank of New York Mellon, Bank of New York Mellon Trust Company, N.A.. (Attachments: # 1 Declaration of Loretta Lundberg in Support of Plaintiffs' Opposition to Motion to Dismiss, # 2 Declaration of Brian Hershman in Support of Plaintiffs' Opposition to Motion to Dismiss, # 3 Exhibit Exhibits to Declaration of Brian Hershman in Support of Plaintiffs' Opposition to Motion to Dismiss, # 4 Declaration of Joseph L. Nardi in Support of Plaintiffs' Opposition to Motion to Dismiss, # 5 Exhibit Exhibits to Declaration of Joseph L. Nardi in Support of Plaintiffs' Opposition to Motion to Dismiss, # 6 Declaration of Bronwyn Pollock in Support of Plaintiffs' Opposition to Motion to Dismiss, # 7 Exhibit Exhibits to Declaration of Bronwyn Pollock in Support of Plaintiffs' Opposition to Motion to Dismiss)(Pollock, Bronwyn) (Filed on 10/4/2013)

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August 13, 2013
VIA FACSIMILE AND OVERNIGHT COURIER
William A. Lindsay, City Manager
City of Richmond, California
450 Civic Center Plaza
Richmond, CA 94804-1630

Re:

Letter from William A. Lindsay dated July 31, 2013

Dear Mr. Lindsay:
Reference is made to your letter (the “Letter”) dated July 31, 2013 which is
addressed to “Wells Fargo/Wilmington Trust.” When used in this letter, Wilmington
Trust Company and Wilmington Trust, National Association are collectively referred to
as “Wilmington Trust” or “we.” To be clear, Wilmington Trust is not a subsidiary or
affiliate of Wells Fargo. To the extent you intended the Letter to communicate
information to Wells Fargo, please resend the letter to a proper address of Wells Fargo.
We are unable to confirm that many of the loans listed in Attachment A to the
Letter are loans owned by trusts for which Wilmington Trust acts as trustee. Based on
your letter, it appears that 3 of the 115 loans listed on Attachment A to the Letter may
relate to trusts for which we act as trustee. However, we continue to do additional
diligence which has led us to believe that the loans you have listed on Attachment A and
Attachment C are in fact owned by trusts other than those set forth on Attachment A and
Attachment C. Given these significant discrepancies, we will need additional time to
determine which of the loans included in the letter are owned by trusts for which we act
as trustee.
We would also note that the Letter states that “the basis for the appraisal” is set
forth in Attachment B to the Letter. While Attachment B sets forth a chart showing
various addresses and dollar amounts, nothing in Attachment B explains the basis for
those dollar amounts. To the extent you have any basis for the appraisal amounts (other
than just a bare assertion of the appraised amount), we would ask that you deliver it to us.
For the foregoing reasons and others, at this time we are unable to respond further
to your Letter or to any offer (to the extent one was made) contained therein. We would
also note that, based on your Letter, it appears that you intend to use eminent domain to

acquire loans if we do not willingly agree to sell loans to you. It is our clear position that
the use of eminent domain for such a purpose is inappropriate and illegal.
Nothing in this letter shall be deemed to be, or constitute, a waiver of any rights,
remedies, defenses, objections, powers, causes of action or privileges that Wilmington
Trust has, or may have, under applicable laws and in equity and relating to the Letter, the
loans described therein, the City of Richmond, California, Mortgage Resolution Partners,
LLC or any other party or person related to any or all of the foregoing, and all such
rights, remedies, defenses, objections, powers, causes of action or privileges are hereby
expressly reserved by Wilmington Trust in all respects.
Please contact Adam Scozzafava directly at 302-636-6196
[e-mail] to discuss any questions relating to this letter.

or

Sincerely,

WILMINGTON TRUST COMPANY and
WILMINGTON TRUST, NATIONAL
ASSOCIATION, in their capacity as trustee,
indenture trustee or owner trustee, as
applicable

Cc:

Jason J. Solomon, Esq., Alston & Bird LLP
Michael E. Johnson, Esq., Alston & Bird LLP
Kurt Osenbaugh, Esq., Alston & Bird LLP

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