UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington D.C. 20549
FORM 10-D
ASSET-BACKED ISSUER
DISTRIBUTION REPORT PURSUANT TO SECTION 13 OR 15(d) OF
THE SECURITIES EXCHANGE ACT OF 1934
For the monthly distribution period from:
May 13, 2021 to June 11, 2021
Commission File Number of issuing entity: 333-184376-07
Central Index Key Number of issuing entity: 0001584492
COMM 2013-LC13 Mortgage Trust
(Exact name of issuing entity as specified in its charter)
Commission File Number of depositor: 333-184376
Central Index Key Number of depositor: 0001013454
Deutsche Mortgage & Asset Receiving Corporation
(Exact name of depositor as specified in its charter)
Central Index Key Number of sponsor (if applicable): 0001541294
German American Capital Corporation
(Exact name of sponsor as specified in its charter)
Central Index Key Number of sponsor (if applicable): 0001541468
Ladder Capital Finance LLC
(Exact name of sponsor as specified in its charter)
Central Index Key Number of sponsor (if applicable): 0001542256
Natixis Real Estate Capital LLC
(Exact name of sponsor as specified in its charter)
Lainie Kaye (212) 250-2500
(Name and telephone number, including area code, of the person to
contact in connection with this filing)
New York
(State or other jurisdiction of incorporation or organization
of the issuing entity)
Lower Tier Remic 46-3607120
Upper Tier Remic 46-3836082
Grantor Trust 46-7055933
(I.R.S. Employer Identification No.)
c/o Deutsche Bank Trust Company Americas as Certificate Administrator
1761 East St. Andrew Place, Santa Ana CA
(Address of principal executive offices of the issuing entity)
92705
(Zip Code)
(212) 250-2500
(Telephone number, including area code)
NONE
(Former name, former address, if changed since last report)
Registered / reporting pursuant to (check one)
Title of Class Section 12(b) Section 12(g) Section 15(d) Name of Exchange
(if Section 12(b))
Class A-1 [ ] [ ] [X] Not Applicable
Class A-2 [ ] [ ] [X] Not Applicable
Class A-3 [ ] [ ] [X] Not Applicable
Class A-4 [ ] [ ] [X] Not Applicable
Class A-5 [ ] [ ] [X] Not Applicable
Class X-A [ ] [ ] [X] Not Applicable
Indicate by check mark whether the registrant (1) has filed all reports
required to be filed by Section 13 or 15(d) of the Securities Exchange Act
of 1934 during the preceding 12 months (or for such shorter period that the
registrant was required to file such reports), and (2) has been subject to
such filing requirements for the past 90 days. Yes _X_ No ____
Part I - DISTRIBUTION INFORMATION
Item 1. Distribution and Pool Performance Information.
On June 11, 2021 a distribution was made to holders of the
certificates issued by COMM 2013-LC13 Mortgage Trust. The
distribution report is attached as Exhibit 99.1 to this Form 10-D.
During the distribution period from May 13, 2021 to June 11, 2021
no assets securitized by Deutsche Mortgage & Asset Receiving
Corporation (the "Depositor") and held by COMM 2013-LC13 Mortgage
Trust were the subject of a demand to repurchase or replace for breach
of the representations and warranties contained in the underlying
transaction documents.
The Depositor filed a Form ABS-15G pursuant to Rule 15Ga-1 under the
Securities Exchange Act of 1934 on February 16, 2021. The CIK number
of the Depositor is 0001013454.
German American Capital Corporation ("GACC"), one of the sponsors and
mortgage loan sellers, filed a Form ABS-15G pursuant to Rule 15Ga-1
under the Securities Exchange Act of 1934 on February 16, 2021. The
CIK number of GACC is 0001541294.
Ladder Capital Finance LLC ("Ladder"), one of the sponsors and mortgage
loan sellers, filed a Form ABS-15G pursuant to Rule 15Ga-1 under the
Securities Exchange Act of 1934 on February 03, 2021. The CIK number
of Ladder is 0001541468.
Natixis Real Estate Capital LLC ("Natixis"), one of the sponsors and
mortgage loan sellers, filed a Form ABS-15G pursuant to Rule 15Ga-1
under the Securities Exchange Act of 1934 on February 16, 2021. The
CIK number of Natixis is 0001542256.
Part II - OTHER INFORMATION
Item 2. Legal Proceedings.
Deutsche Bank Trust Company Americas ("DBTCA") and Deutsche Bank National
Trust Company ("DBNTC") have been sued by investors in civil litigation
concerning their role as trustees of certain RMBS trusts.
On June 18, 2014, a group of investors, including funds managed by Blackrock Advisors, LLC,
PIMCO-Advisors, L.P., and others, filed an action against DBNTC and DBTCA
in New York State Supreme Court alleging that DBNTC and DBTCA failed to
perform purported duties, as trustees for 544 private-label RMBS trusts,
to enforce breaches of representations and warranties as to mortgage loans
held by the trusts and to enforce breaches by servicers of their mortgage
loan servicing obligations for the trusts. During the course of the
litigation, plaintiffs dismissed the case from New York State Supreme Court
and refiled two separate cases, one in the U.S. District Court for the Southern
District of New York (the "BlackRock SDNY Case") and the other in the Superior
Court of California, Orange County (the "BlackRock California Case"). Pursuant
to a settlement among the parties, the BlackRock SDNY Case was dismissed on
December 6, 2018 and the BlackRock California Case was dismissed on January 11, 2019.
On September 27, 2017, DBTCA was added as a defendant to a case brought by certain
special purpose entities including Phoenix Light SF Limited in the U.S. District
Court for the Southern District of New York, in which the plaintiffs previously alleged
incorrectly that DBNTC served as trustee for all 43 of the trusts at issue. On September
27, 2017, plaintiffs filed a third amended complaint that names DBTCA as a defendant in
addition to DBNTC. DBTCA serves as trustee for one of the 43 trusts at issue. DBNTC
serves as trustee for the other 42 trusts at issue. Plaintiffs' third amended complaint
brings claims for violation of the U.S. Trust Indenture Act of 1939 ("TIA"); breach of
contract; breach of fiduciary duty; negligence and gross negligence; violation of the
New York Streit Act; and breach of the covenant of good faith. However, in the third
amended complaint, plaintiffs acknowledge that, before DBTCA was added to the case, the
court dismissed plaintiffs' TIA Act claims, negligence and gross negligence claims, Streit
Act claims, claims for breach of the covenant of good faith, and certain theories of
plaintiffs' breach of contract claims, and plaintiffs only include these claims to preserve
any rights on appeal. Plaintiffs allege damages of "hundreds of millions of dollars."
On November 13, 2017, DBNTC and DBTCA filed an answer to the third amended complaint.
On December 7, 2018, DBNTC and DBTCA filed a motion for summary judgment. Also on
December 7, 2018, plaintiffs, jointly with Commerzbank AG (see description of Commerzbank
case below), filed a motion for partial summary judgment. As of March 8, 2019, both motions
for summary judgment have been briefed and are awaiting decision by the court. Discovery is
ongoing.
On November 30, 2017, DBTCA was added as a defendant to a case brought by Commerzbank
AG ("Commerzbank") in the U.S. District Court for the Southern District of New York, in which
Commerzbank previously alleged incorrectly that DBNTC served as trustee for all 50 of the
trusts at issue. On November 30, 2017, Commerzbank filed a second amended complaint that
names DBTCA as a defendant in addition to DBNTC. DBTCA serves as trustee for 1 of the 50
trusts at issue. DBNTC serves as trustee for the other 49 trusts at issue. Commerzbank's
second amended complaint brings claims for violation of the TIA; breach of contract; breach
of fiduciary duty; negligence; violation of the Streit Act; and breach of the covenant of
good faith. However, in the second amended complaint, Commerzbank acknowledges that, before
DBTCA was added to the case, the court dismissed Commerzbank's TIA claims for the trusts
governed by pooling and servicing agreements, as well as its Streit Act claims and claims
for breach of the covenant of good faith, and Commerzbank only includes these claims to
preserve any rights on appeal. The second amended complaint alleges that DBNTC and DBTCA
caused Commerzbank to suffer "hundreds of millions of dollars in losses," but the complaint
does not include a demand for money damages in a sum certain. On January 29, 2018, DBNTC
and DBTCA filed an answer to the second amended complaint. On December 7, 2018, DBNTC and
DBTCA filed a motion for summary judgment. Also on December 7, 2018, Commerzbank, jointly
with the Phoenix Light plaintiffs, filed a motion for partial summary judgment. As of
March 8, 2019, both motions for summary judgment have been briefed and are awaiting decision
by the court. Discovery is ongoing.
On December 30, 2015, IKB International, S.A. in Liquidation and IKB Deutsche Industriebank
A.G. (collectively, "IKB"), as an investor in 37 RMBS trusts, filed a summons with notice
in the Supreme Court of the State of New York, New York County, against DBNTC and DBTCA as
trustees of the trusts. On May 27, 2016, IKB served its complaint asserting claims for breach
of contract, breach of fiduciary duty, breach of duty to avoid conflicts of interest, violation
of the Streit Act, violation of the TIA, violation of Regulation AB, and violation of Section 9
of the Uniform Commercial Code. IKB alleges that DBNTC and DBTCA are liable for over U.S.
$268 million in damages. On October 5, 2016, DBNTC and DBTCA, together with several other
trustees defending lawsuits by IKB, filed a joint motion to dismiss. On January 6, 2017, IKB
filed a notice of discontinuance, voluntarily dismissing with prejudice all claims as to three
trusts. On June 20, 2017, the parties filed a stipulation, voluntarily dismissing with prejudice
all claims as to four additional trusts. On January 27, 2021, the court granted in part and denied
in part DBNTC and DBTCA's motion to dismiss. The court granted the motion to dismiss with respect
to IKB's claims for violations of the Streit Act, Regulation AB, and Section 9 of the Uniform Commercial
Code, as well as certain aspects of IKB's claims for breach of contract, breach of fiduciary duty, and
violation of the TIA. The court denied the remainder of the motion to dismiss. IKB's remaining claims
for breach of contract, breach of fiduciary duty, breach of duty to avoid conflicts of interest, and
violation of the TIA will proceed. On May 10, 2021, DBNTC and DBTCA filed a notice of appeal with the
New York Supreme Court Appellate Division, First Department, regarding certain aspects of the court's
order on the motion to dismiss. On May 20, 2021, IKB filed a notice of cross appeal with respect to
other aspects of that order. On June 2, 2021, IKB filed a motion for re-argument regarding certain
aspects of that order. On May 13, 2021, DBNTC and DBTCA filed an answer to the complaint. Discovery
is ongoing.
It is DBTCA's belief that it has no pending legal proceedings (including, based on DBTCA's present
evaluation, the litigation disclosed in the foregoing paragraphs) that would materially affect its
ability to perform its duties as Trustee under the Pooling and Servicing Agreement, for this transaction.
Item 10. Exhibits.
(a) The following is a list of documents filed as part
of this Report on Form 10-D:
(99.1) Monthly Report distributed to holders of the
certificates issued by COMM 2013-LC13 Mortgage Trust,
relating to the June 11, 2021 distribution.
(b) The exhibits required to be filed by the Registrant
pursuant to this Form are listed above.
SIGNATURES
Pursuant to the requirements of the Securities Exchange Act of 1934, the
registrant has duly caused this report to be signed on its behalf by the
undersigned thereunto duly authorized.
Deutsche Mortgage & Asset Receiving Corporation
(Depositor)
/s/ Helaine M. Kaplan
Name: Helaine M. Kaplan
Title: President
/s/ Andrew Mullin
Name: Andrew Mullin
Title: Vice President, Treasurer,
Chief Financial Officer and
Chief Accounting Officer
Date: June 24, 2021