Santa Fe New Mexican

Bank faces backlash over Galisteo Basin foreclosur­e lawsuit

LANB: Group ‘failed to deliver,’ preserve hasn’t made loan payment since 2015

- By Cynthia Miller

Los Alamos National Bank says it is “disappoint­ed and discourage­d” that after a decade of working with a local nonprofit to protect a culturally sensitive and scenic expanse of land south of Santa Fe, it is facing a surge of criticism on social media for filing a foreclosur­e suit on an unpaid debt.

The leader of the nonprofit Commonweal Conservanc­y, which controls the 9,500-acre Galisteo Basin Preserve near Lamy, says the organizati­on wasn’t behind the pushback — and didn’t even know about it — but recently has received pledges of support from people who want to aid in efforts to pay off the debt if Commonweal can come to an agreement with the bank.

The foreclosur­e lawsuit, filed early last year, says Commonweal owes $5.4 million in overdue loan payments on the property, which has nearly 30 miles of hiking paths, stunning views, an array of wildlife and the scattered remnants of the ancient Puebloans who lived there.

The financing plan called for the sale of 275 home sites throughout the preserve as a way to pay off the mortgage. So far, however, only 48 sites have been sold.

Bank CEO John Gulas declined to comment about the litigation for a story The New Mexican published last month. Late last week, however, a spokeswoma­n issued a statement defending the bank’s decision to file the lawsuit, saying it hasn’t received a payment on the mortgage in three years.

“Regrettabl­y, Commonweal failed to deliver on its promise,” says the statement from spokeswoma­n Jillian Bartley. “As a business, it was unable to meet its responsibi­lity to repay the money borrowed.

“LANB responded by working with Commonweal to extend the due date and lower the interest rate of the loans 50 different times over the course of a decade,” the statement continues. “Despite this, LANB has not received a payment since 2015. … It was only with reluctance, and out of a duty to its shareholde­rs and other bank customers who would otherwise bear the cost, that LANB moved to foreclose.”

The statement also says it was “unfortunat­e that Commonweal chose to develop and promote public access trails on property that it was in the end unable to afford.”

The statement was in response to social media “communicat­ions,” Bartley said in an email, “including an initiative to sign a petition.”

Commonweal President Ted Harrison told he was baffled by the bank’s comment suggesting the nonprofit had jumped the gun by developing trails on the preserve before ensuring it could pay off the property loan. The trail work “was part of the master plan,” he said, adding the bank’s CEO had approved it.

He wasn’t aware of the social media reaction or a petition drive, Harrison said, and if such an initiative has been launched, Commonweal didn’t have a hand in it.

“We would never incite that kind of action,” he said. “We are trying to work with the bank in a straightfo­rward manner.”

The preserve has many fans on social media, with hikers and bikers posting photos of their excursions on the trails. And, indeed, many have posted concerns about the pending foreclosur­e.

“Losing the Galisteo Basin Preserve to a developer, a la Eldorado, would be a travesty,” one man posted on Facebook last month.

“Where are those billionair­es when you need them?” a woman said in another Facebook post. “This sacred place is priceless. It would be nothing for a billionair­e to invest 5 or 6 million in this cause, and yet, where the hell are they? Bill and Melinda Gates? Jeff Bezos? Hey, Mark Zuckerberg ???? ”

A Twitter post urges people to donate to Commonweal.

One post recommends that preserve supporters contact the bank with their concerns.

Since last month, Harrison said, Commonweal has received about $2,000 in donations — some driven by news of the foreclosur­e and others given as recurring contributi­ons.

He also has had conversati­ons with people offering financial and profession­al services support, contingent on a deal with the bank, he said, and he hopes to keep working toward a resolution before a foreclosur­e is finalized, possibly as soon as August.

“I have been gratified for the public’s support for the preserve,” Harrison said. “I am grateful for the pledges. … We are hopeful that we will reach an agreement in the weeks ahead.”

 ?? LUIS SÁNCHEZ SATURNO/THE NEW MEXICAN FILE PHOTO ?? Preston Miller, left, and his friend Tim Burns, both of Santa Fe, start a bike ride last month in the Galisteo Basin Preserve.
LUIS SÁNCHEZ SATURNO/THE NEW MEXICAN FILE PHOTO Preston Miller, left, and his friend Tim Burns, both of Santa Fe, start a bike ride last month in the Galisteo Basin Preserve.

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