| 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 | |||||||||
| June 12, 2021 to July 12, 2021 |
| Commission File Number of Issuing entity: | 333-171508-07 |
| Central Index Key Number of issuing entity: | 0001578422 |
| GS Mortgage Securities Trust 2013-GC13 | |||||||||
| (Exact name of issuing entity as specified in its charter) |
| Commission File Number of depositor: | 333-171508 |
| Central Index Key Number of depositor: | 0001004158 |
| GS Mortgage Securities Corporation II | |||||||||
| (Exact name of depositor as specified in its charter) |
| Central Index Key Number of sponsor: | 0001541502 | ||||||||
| 0001541001 | |||||||||
| 0001682511 | |||||||||
| Goldman Sachs Mortgage Company | |||||||||
| Citigroup Global Markets Realty Corp. | |||||||||
| Starwood Mortgage Funding I LLC | |||||||||
| (Exact name of sponsor(s) as specified in its charter) |
| Leah Nivison (212) 902-1000 | |||||||||
| (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) |
| 46-1483808 | |||||||||
| 46-1493598 | |||||||||
| (I.R.S. Employer Identification No.) |
| c/o U.S. Bank National Association | |||||||||
| 190 S. LaSalle Street, Chicago, IL | |||||||||
| Chicago, IL | |||||||||
| (Address of principal executive offices of issuing entity) |
| 60603 | |||||||||
| (Zip Code) |
| (312) 332-7530 | |||||||||
| (Telephone number, including area code) |
| Not applicable | |||||||||
| (Former name, former address, if changed since last report) |
| Registered/reporting pursuant to (check one) |
| Name of exchange | |||||||||
| Title of Class | Section 12(b) | Section 12(g) | Section 15(d) | (If Section 12(b)) | |||||
| A-1 | ☐ | ☐ | ☒ | ||||||
| A-2 | ☐ | ☐ | ☒ | ||||||
| A-3 | ☐ | ☐ | ☒ | ||||||
| A-4 | ☐ | ☐ | ☒ | ||||||
| A-5 | ☐ | ☐ | ☒ | ||||||
| A-AB | ☐ | ☐ | ☒ | ||||||
| X-A | ☐ | ☐ | ☒ | ||||||
| Indicate by check mark whether the registrant (1) filed all reports required to be filed by Section 13 or 15(d) of the Securities and 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 ☒ No ☐ |
| PART I - DISTRIBUTION INFORMATION |
| Item 1. Distribution and Pool Performance Information. | |||||||||
| On July 12, 2021 a distribution was made to holders of the certificates issued by GS Mortgage Securities Trust 2013-GC13. The distribution report is attached as an Exhibit to this Form 10-D, please see item 9(b), Exhibit 99.1 for the related information. |
| No assets securitized by GS Mortgage Securities Corporation II ("The Depositor") and held by GS Mortgage Securities Trust 2013-GC13 were the subject of a demand to repurchase for breach of the representations and warranties contained in the underlying transaction documents during the distribution period from June 12, 2021 to July 12, 2021. |
| The Depositor has filed a Form ABS-15G on February 25, 2021. The CIK number of the Depositor is 0001004158. There is no new activity to report at this time. |
| Goldman Sachs Mortgage Company ("GSMC"), one of the sponsors, has filed a Form ABS-15G on May 20, 2021. The CIK number of GSMC is 0001541502. There is no new activity to report at this time. |
| Citigroup Global Markets Realty Corp. ("CGMRC"), one of the sponsors, has filed a Form ABS-15G on February 09, 2021. The CIK number of CGMRC is 0001541001. There is no new activity to report at this time. |
| Starwood Mortgage Funding I LLC, one of the sponsors, has filed a Form ABS-15G on January 22, 2021. The CIK number of Starwood Mortgage Funding I LLC is 0001682511. There is no new activity to report at this time. |
| Item 1A. Asset-Level Information. | |||||||||
| Not applicable. |
| Item 1B. Asset Representations Reviewer and Investor Communication. | |||||||||
| Not applicable. |
| Item 2. Legal Proceedings. | |||||||||
| In the last several years, U.S. Bank National Association (“U.S. Bank”) and other large financial institutions have been sued in their capacity as trustee or successor trustee for certain residential mortgage backed securities ("RMBS") trusts. The complaints, primarily filed by investors or investor groups against U.S. Bank and similar institutions, allege the trustees caused losses to investors as a result of alleged failures by the sponsors, mortgage loan sellers and servicers to comply with the governing agreements for these RMBS trusts. Plaintiffs generally assert causes of action based upon the trustees’ purported failures to enforce repurchase obligations of mortgage loan sellers for alleged breaches of representations and warranties, notify securityholders of purported events of default allegedly caused by breaches of servicing standards by mortgage loan servicers and abide by a heightened standard of care following alleged events of default. |
| U.S. Bank denies liability and believes that it has performed its obligations under the RMBS trusts in good faith, that its actions were not the cause of losses to investors, that it has meritorious defenses, and it has contested and intends to continue contesting the plaintiffs’ claims vigorously. However, U.S. Bank cannot assure you as to the outcome of any of the litigation, or the possible impact of these litigations on the trustee or the RMBS trusts. |
| On March 9, 2018, a law firm purporting to represent fifteen Delaware statutory trusts (the “DSTs”) that issued securities backed by student loans (the “Student Loans”) filed a lawsuit in the Delaware Court of Chancery against U.S. Bank National Association (“U.S. Bank”) in its capacities as indenture trustee and successor special servicer, and three other institutions in their respective transaction capacities, with respect to the DSTs and the Student Loans. This lawsuit is captioned The National Collegiate Student Loan Master Trust I, et al. v. U.S. Bank National Association, et al., C.A. No. 2018-0167-JRS (Del. Ch.) (the “NCMSLT Action”). The complaint, as amended on June 15, 2018, alleged that the DSTs have been harmed as a result of purported misconduct or omissions by the defendants concerning administration of the trusts and special servicing of the Student Loans. Since the filing of the NCMSLT Action, certain Student Loan borrowers have made assertions against U.S. Bank concerning special servicing that appear to be based on certain allegations made on behalf of the DSTs in the NCMSLT Action. |
| U.S. Bank believes that it has performed its obligations as indenture trustee and special servicer in good faith and in compliance in all material respects with the terms of the agreements governing the DSTs (the “Governing Agreements”), and accordingly that the claims against it in the NCMSLT Action are without merit |
| U.S. Bank has filed a motion seeking dismissal of the operative complaint in its entirety with prejudice pursuant to Chancery Court Rules 12(b)(1) and 12(b)(6) or, in the alternative, a stay of the case while other prior filed disputes involving the DSTs and the Student Loans are litigated. On November 7, 2018, the Court ruled that the case should be stayed in its entirety pending resolution of the first-filed cases. On January 21, 2020, the Court entered an order consolidating for pretrial purposes the NCMSLT Action and three other lawsuits pending in the Delaware Court of Chancery concerning the DSTs and the Student Loans (the “Consolidated Action”). U.S. Bank and other parties to the Consolidated Action have briefed and argued motions for judgment on the pleadings pursuant to Chancery Court Rule 12(c) regarding disputed issues of contractual interpretation at issue in one of more of the cases comprising the Consolidated Action, including the NCMSLT Action. The Court has not yet ruled on these motions or on U.S. Bank’s dismissal motion in the NCMSLT Action. |
| U.S. Bank intends to continue to defend the NCMSLT Action vigorously. |
| PART II - OTHER INFORMATION |
| Item 6. Significant Obligors of Pool Assets. | |||||||||
| 11 West 42nd Street, 11 West 42nd Street Mortgage Loan is a significant obligor within the meaning of item 1112 (b)(1) of Regulation AB and as disclosed in the Prospectus Supplement for GS Commercial Mortgage Pass-Through Certificates Series 2013-GC13. Based on the borrowers operating statement with an end date of March 31, 2021, Loan 30063001 (Prosupp ID 1) has a Net Operating Income of $7,055,563.29. There is no new activity to report at this time. |
| Mall St. Matthews, 5000 Shelbyville Road Mortgage Loan is a significant obligor within the meaning of item 1112 (b)(1) of Regulation AB and as disclosed in the Prospectus Supplement for GS Commercial Mortgage Pass-Through Certificates Series 2013-GC13. Based on the borrowers operating statement with an end date of March 31, 2021, Loan 300630002 (Prosupp ID 2) has a Net Operating Income of $3,241,588.63. There is no new activity to report at this time. |
| Item 7. Change in Sponsor Interest in the Securities. | |||||||||
| None. |
| 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 GS Mortgage Securities Trust 2013-GC13, relating to the July 12, 2021 distribution. | |||||||||
| (b) The exhibits required to be filed by the Registrant pursuant to this form are listed in the Exhibit Index that immediately follows on the signature page hereof. |
| 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. |
| GS Mortgage Securities Corporation II | |||||||||
| (Depositor) | |||||||||
| Date: July 23, 2021 | /s/ Leah Nivison | ||||||||
| Name: Leah Nivison | |||||||||
| Title: CEO | |||||||||
| Exhibit Number | Description | ||||||||
| Exhibit 99.1 | Monthly report distributed to holders of the certificates issued by GS Mortgage Securities Trust 2013-GC13, relating to the July 12, 2021 distribution. | ||||||||