The strange and increasingly epic odyssey that is Matt Osgood’s quest to build Naples took yet another turn as the would-be coastal developer filed a lawsuit this Tuesday against the very bank that helped him purchase the historic eastern Gaviota holding several years ago.
The suit alleges that St. Louis-based FirstBank — which loaned Osgood some $63 million in 2005 to help make his Naples vision a reality and then, after he missed a series of mortgage payments, foreclosed on him earlier this spring — has not only been ignoring a backroom deal that allowed him to retain managing interests and first-refusal buyer rights, but charges that the bank has actively been shopping the property to a series of potential buyers (including a couple past and present Las Vegas hoteliers) without disclosing Osgood’s continued connection to the 1,100-acre ranch.
“I would rather not have this type of attention surrounding me,” explained Osgood in the wake of the filing, “but we had an agreement in writing with the bank that has not been honored and, in a few instances, in a rather flagrant way.”
Within the 86-page filing, Osgood and his attorneys allege FirstBank — specifically its Executive Vice President Alan Rye and a few other employees — has been working behind-the-scenes to not only sell the land to potential groups like the Commonwealth Opportunity Fund and another group headed up by Vegas hotelier Phillip Ruffin, but has also failed to disclose to interested parties that Osgood has both first-refusal rights and a limited buy-back option. The suit also claims that FirstBank, in some instances, explicitly said no such agreement even exists.
Moreover, Osgood’s legal team contends agents of FirstBank (whose representatives did not immediately return calls for comment on this story) have worked to influence a current Naples Ranch employee, Shannon Conn, numerous times in the wake of the foreclosure, promising the single mom financial security if she would help convince part-time Montecito resident Steve Posner to consider buying the property on his own rather than, as it has been rumored, pursuing it in tandem with Osgood.
Widely reported at the time of the foreclosure on May 13, the terms of the actual backroom deal between Osgood and FirstBank are detailed in the lawsuit (as is a copy of a letter signed by Rye and Osgood on May 12) and explain how Osgood, for a period of six months, would retain the rights to manage the property, the rights to access it, the option to purchase it back for $50 million, and a first refusal right should an outside party make an offer to FirstBank. “Basically, they are ignoring those agreements and outright telling other people that those agreements don’t even exist,” summed up Osgood.
The lawsuit further alleges that FirstBank, without Osgood participating, has taken meetings with both Santa Barbara County — which currently has several Naples-flavored lawsuits hanging around its neck as well as a stalled but very real 3-2 vote of approval by the County Board of Supervisors in 2008 for Osgood to put 70-plus luxury homes on the property — and “environmental groups which oppose such development” to discuss a potential willingness “to agree to alternative plans to develop the property that would substantially reduce the value of the property.”
Also revealed in the documents was Osgood’s attempt, with the help of an outside investor, to buy the land back after the May 13 foreclosure for around $38 million, and the fact that FirstBank declined the offer and reportedly refused to make a counter.
Marc Chytilo, Naples Coalition lawyer who represents the grassroots outfit of eco-minded organizations and individuals in strong and longstanding opposition to Osgood’s development dream at the easternmost gates of the Gaviota Coast, would not comment on any possible meetings between FirstBank and Coalition members. He did, however, say he was aware of the lawsuit and was anxious to find out more about it, though, as he put it, “The bottom line is, we don’t care who owns it. We will fight any and all development plans at Naples.”

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ill buy that for a dollar!
KsenSku (anonymous profile)
July 29, 2010 at 10:20 p.m. (Suggest removal)
The photo of Naples from the air is very beautiful.
Why does it have to be owned at all? There are so few places like it in the entire country.
Why not keep it in trust for the commonwealth of California, so that it can be enjoyed for generations to come?
MacMahler (anonymous profile)
July 30, 2010 at 1:58 a.m. (Suggest removal)
MacMahler,
You've got the right idea, unfortunately you don't have $38 million dollars. If you know someone who does and is willing to preserve the property please speak up.
Noletaman (anonymous profile)
July 30, 2010 at 3:32 a.m. (Suggest removal)
Simply Put, The Bank is in BIG Trouble. When Regulators get a hold of this, First Bank will have huge sanctions. Regulators and Courts do not like bait and switch games at all. Did anyone see who Osgood's Legal team is??? He has a team that rivals OJ's on the Civil side. Alan Rye's career is over. He is toast. Weather you like this project or not, in the current atmosphere against big greedy banks, you will see First Bank get spanked hard, as they should. First Bank is as dirty as a sock worn for a year straight by someone who does not bathe. Good new ad for First Bank, "First Bank The Dirty Sock Bank", We will lie ,cheat and steel to get all from you.
rennergizer (anonymous profile)
July 30, 2010 at 8:22 a.m. (Suggest removal)
I doubt the bank is gonna get slapped. This Osgood guy is just trying to get some thing of what will quickly turn to nothing for him.
The article says:
"Osgood, for a period of six months, would retain the rights to manage the property, the rights to access it, the option to purchase it back for $50 million, and a first refusal right should an outside party make an offer to FirstBank"
So the six months started May 12...so he has a little more than 4 months left.
I think the banks can easily argue that they are preparing for the time period after the six months when he will probably lose rights and access to the property.
Unless the article is wrong....
snapolis (anonymous profile)
July 30, 2010 at 8:30 a.m. (Suggest removal)
Go home OC.
Upper_State (anonymous profile)
July 30, 2010 at 9:03 a.m. (Suggest removal)
Greedy banks? What about the face of greed itself - Osgood's. For generations whoever owned that land forewent developing it, in spite of their rights of property. Property rights can reside in such hands, but lately those hands are of types like Osgood, who only see beauty as a developable asset and max return on investment.
joer43 (anonymous profile)
July 30, 2010 at 9:35 a.m. (Suggest removal)
@MacMahler: Second that emotion. But the land would have to be bought or condemned for the reasonable value in order to do that. It's not likely that the owner (the bank) will put it in an Ag preserve/ Williamson Act.
Much as it would be a shame to start any development on the Gaviota Coast, and therefore open up the whole area to development, there is little to prevent it. We Californians will have to pay to play and the State is broke.......
sbron (anonymous profile)
July 30, 2010 at 9:39 a.m. (Suggest removal)
Snapolis,
You need to read the lawsuit. Banks cant just bait and switch. Osgood could have filed bankruptcy, re-organized and most likely retained the property for 30-50 cents on the dollar. When the bank offered the option, and failed to deliver the long form option, then went to Osgood investors and tried to end around him, they violated too many federal and state banking laws and regs to count. They violated trust, which in banking is a huge no no. My guess is you will become very educated in banking regs. Think about what Lehman did, amongst at least 300+ banks that have been shut down for crap just like this. It is called out of trust in the banking community. Watch how the FDIC regulators spank them. Mark my words, it will happen.
rennergizer (anonymous profile)
July 30, 2010 at 9:42 a.m. (Suggest removal)
There is certainly no industry in America more trustworthy and ethical, and looking out for the public trust, than the Banking and Finance Industry.
David_Pritchett (David Pritchett)
July 30, 2010 at 9:58 a.m. (Suggest removal)
David,
You have got to be kidding me. Have you read the news over the last 3 years?
rennergizer (anonymous profile)
July 30, 2010 at 12:58 p.m. (Suggest removal)
Time to re-calibrate your Sarcast-o-meter, "rennergizer." It's rendering artificially low-levels.
Chester_Arthur_Burnett (anonymous profile)
July 30, 2010 at 2 p.m. (Suggest removal)
I only read the article...don't have time for lawsuites etc.
snapolis (anonymous profile)
July 30, 2010 at 2:12 p.m. (Suggest removal)
Will OW please buy from OC man and then she can OWN her own patch of perfection known as Naples? May she use it to wander around this open space on the coast with her dogs and Dr. Oz and know that nature in all its finest has been protected by her largesse!
GiGi (anonymous profile)
July 30, 2010 at 2:21 p.m. (Suggest removal)
Chester_Arthur_Burnett,
Simply pointing out what the world seems to know about the failure of the banking system, institutions and funds that have fallen out of "Trust" over the last 3 years. Have you heard of Bernard Madoff??? There are a long list of financial institutions that have violated "Trust". Thank you for your comment.
rennergizer (anonymous profile)
July 30, 2010 at 4:36 p.m. (Suggest removal)
Headline photo caption: "Osgood, who was caught smoking in the bathroom, is seen here being interrogated by the school principal"
sixdolphins (anonymous profile)
July 30, 2010 at 6:29 p.m. (Suggest removal)
@joer43 "For generations whoever owned that land forewent developing it, in spite of their rights of property. "
You're new to this party, huh? Development has been forefront on the minds of the owners of this property for.. well let's see... yes, you guessed it - generations!
and this bit in the article "Marc Chytilo... The bottom line is, we don’t care who owns it. We will fight any and all development plans at Naples.”
That's completely absurd. Look, the property has so damned many LEGAL parcels it looks like a patchwork quilt. Honestly, Osgood's plan was modest compared to that. What Chytilo is saying makes no sense... even if someone were to buy the whole thing and develop a single parcel on the beach side and one on the hill, he would still try to fight it? Sorry, that dog won't hunt.
I get it that there is this big "grass roots coalition" that has it in their heads that they somehow have more rights than whomever actually owns the land, but that's not the case. If a bunch of people rallied together to demolish any one of those 'grass roots' people's houses to build a park instead, they'd take a far different view.
Face it folks, SOMETHING is going to happen with that property and it won't be free love, butterflies, and magic unicorns abounding... there WILL be development of some sort. I'm just afraid that when that time comes, and no mistake -it will happen-, everyone might look back at the "Osgood plan" and say "Gee, I sure wish we had not been such idiots then, that was much better than what we have now"
You think that's not possible? Osgood was obviously not that well funded... think what a REAL "mover-shaker" could push through.
Try to see the forest through the trees....
cartoonz (anonymous profile)
July 31, 2010 at 1:03 a.m. (Suggest removal)
Aman Cartoonz. A new developer will most likely sell of 150+ lots, and drink wine in the sun. The coalitions will be fighting 150 different land owners. What a mess that would be. The county would not have a way to stop that train. Legal lots can and most likely would be sold. The crazy part is under Osgood's plan, from the 101 you would not be able to see a house. The coalitions are trying to stop a plan in which they would never see a house. They are fighting the invisible.
I would also bet that anyone trying to stop development on the coast either lives on the coast theirselves or lives in a development in the county. A bit hypocritical in my mind. They would make their argument a lot stronger if they lived in a tree. What is even more incredible is how they attack Osgood for being from OC. They have no idea what kind of person Osgood is. Just seems extremely judgmental, and discriminatory. The comments of "go back to OC" are obviously by insecure, single minded, self centered, hypocritical, hateful, extremely unhappy individuals. Sad
rennergizer (anonymous profile)
July 31, 2010 at 7:17 a.m. (Suggest removal)
Agg land is Agg land. Rezone = vote by the people not the politico's
A huge "go back to orange County"
easternpacific (anonymous profile)
August 2, 2010 at 8:45 p.m. (Suggest removal)
And Legal Lots are Legal Lots (254 of them). That was already addressed by the California Supreme Court.
rennergizer (anonymous profile)
August 3, 2010 at 9:58 a.m. (Suggest removal)
254 lots of orange, lemon and avocado trees or maybe just cows as it is a ranch...sounds good to me. I wonder who's going to build the streets, electricity, water mains and you know all that infrastructure stuff for 254 lots full of fruit trees.
Sorry Matt, er, rennegizer you are the only one who wants to see houses put there.
sa1 (anonymous profile)
August 3, 2010 at 6:29 p.m. (Suggest removal)
SA1,
First off my name is not Matt. Secondly, in the USA, we have free markets to determine if there are buyers for houses and lots. It appears you are against houses on owned properties. Do you live in a fruit tree, or are you simply being hypocritical? Please don't tell me you live in a house? If so, did you get approval of every person in the USA to live in that house? Do you own that house??? God forbid if you do. I do not remember anyone asking me if I approve of your personal property rights. Cmon SA1 wake up, this is a free country, and a free market. Is your EGO so large that you feel you have the right to speak for the rest of the world?? PS: I live in AZ. Do you feel that you have the right to speak for all of Arizona? Big Ego SA1, Big Ego
rennergizer (anonymous profile)
August 4, 2010 at 4:17 p.m. (Suggest removal)
Free country, Free markets? Sounds like fifth grade civics class. Not sure what country you're living in. Osgood's hubris was trying to end around the county ag designation by going to court on a 100 year old document. We can see now his folly in that all those houses would now be underwater with the walk away "strategic" defaults. The rich are famous for not paying their bills. Osgood would have laughed all the way to the bank just like van wolfswinkle.
You wonder where all the tax bailout money went? To developers like Osgood and Wolsfwinkle who pumped the mortgage industry and dumped the overpriced housing on ignorant consumers. They walked away scott free (except maybe Osgood) and left all the states holding the bag. Heard much from the glutton that bought the Miramar? Didn't think so...
I happen to live within a few miles of this proposed enviromental slaughter...what dog do you have in this hunt renny? Need more housing out there in Az? Call Osgood, I hear he's not busy.
sa1 (anonymous profile)
August 4, 2010 at 9:04 p.m. (Suggest removal)
SA1,
I happen to live in the United States of America. Born and Raised here. Last time I did research on Osgood, he had nothing to do with the Mortgage industry. I believe he is a developer for 25 years. As for AZ, we believe in personal property rights, along with an approval and permitting process. We are against high taxes, government waste, free markets, free trade, and illegal immigration. We are against high deficits, over turning the will of the voters, high taxes, and interference. We are pro business. We want people to make a legal living.
SA1,
Did Osgood get in the way of you making a living? Did he criticize what you do? Did he misrepresent what you do? Did he try to block you from how you make a living? Did he try and stop you from building your home? I would bet not. See any hypocrisy here???
Have a great day.
rennergizer (anonymous profile)
August 5, 2010 at 11:02 a.m. (Suggest removal)