On November 16, 2011, the Archbishop wrote to Richard Untalan telling him that there is no "alienation" because it would be an "assigning" rather than a "transfer." In that same letter, the Archbishop also stated that the seminary would be a "corporation sole."
On November 27, 2011, Attorney Ed Terlaje emailed Richard Untalan and the Finance Council with the following statement (the bold is mine):
Read your letter and that of the Archbishop. As you well know, "alienation" and "assignment" are words of distinction without a difference. Any documents containing these words would place a huge cloud on title to real property which would result in a protracted litigation and prohibitive cost to remove such cloud. Do you really want to risk title to the property conservatively valued at 75 million dollars? I have other serious concerns raised in the letter, and if you wish, I would like to discuss in private with you and other members of the finance council.
You can find the full letters of Richard Untalan and the Archbishop in the jungle.
I placed in bold "protracted litigation". In his email, Ed Terlaje appeared concern that there may be a protracted litigation (lawsuit or legal action), and his letter was addressing Richard Untalan and the Finance Counsel, NOT the Archbishop.
Then today, we find Mr. Genranni stating the following in PNC news:
Gennarini denied any involvement in drafting of the papers and told Patti that the deed restriction was created at the suggestion of former Archdiocese of Agana legal counsel, Attorney Ed Terlaje.
"He was asking the seminary and the archbishop that in order to protect the estate of the diocese in case there is lawsuit ... this was five, seven years ago, six or seven years ago. In order to protect the estate, it was better to do what they do in many diocese of America, which is somehow to assign the property to the different corporation of the diocese," explained Gennarini.
According to Mr. Genarinni, he had no involvement with the Declaration of Deed Restriction. The Declaration of Deed Restriction was created at the suggestion of the Archdiocesan legal counsel Attorney Ed Terlaje in case there is a lawsuit.......the same Ed Terjale who emailed Richard Untalan warning him of a possible protracted litigation. I also placed in bold what Ed Terlaje said to PNC news, which was NOT a contradiction to Mr. Geraninni's statement. Attorney Ed Terlaje did write a letter to the Archdiocesan finance council addressing his concerns.Attorney Terlaje, however, tells PNC that he had objected to the transfer of the RMS property and he says he had already conveyed this message in a letter he wrote to the archdiocesan finance council.
In his email to Richard Untalan, Ed Terlaje concluded:
Do you really want to risk title to the property conservatively valued at 75 million dollars? I have other serious concerns raised in the letter, and if you wish, I would like to discuss in private with you and other members of the finance council.