Union Bank-SBBT Questions

Union Bank SBA Loans

Union Bank has now taken over Santa Barbara Bank & Trust.The following email questions asked of Santa Barbara Bank & Trust now need to be answered by Union Bank.Please review the following PDF files. It is unfortunate that Santa Barbara Bank & Trust has refused to properly amortize a SBA loan.Richard Rossi Objection_to_Proof_of_Claim.pdf
3.9 MB

Grant_s_response_to_our_obj_to_claim.pdf
324.7 KB

Karen L. Grants response doc 49 pt 2.pdf
317.0 KB


SBA Loan Fraud Case 01394465. pdf
3.1 MB Union Bank


SBA_August_29__2003_Fraud_by_Santa_Barbara_Bank___Trust.pdf
2.1 MB

The following email communication shows the questions that need to now be answered by Union Bank.


From: Bill Bookout [mailto:Pismobeachdiveshop@charter.net]
Sent: Tuesday, December 11, 2012 6:07 PM
To: 'Masashi.Oka@unionbank.com'
Cc: 'Diana Lee'; 'daniel.weidman@unionbank.com'; 'thomas.taggart@unionbank.com'; 'Chris Gautschi'; 'sbcountyda@co.santa-barbara.ca.us'; 'dvallely@co.slo.ca.us'; 'Richard Rossi'
Subject: RE: Bookout/PCB Mediation per thier Bank Fraud and Breach of Contract since 2007

 

December 11, 2012

 

Union Bank President & Chief Executive Officer---Masashi Oka

Thomas Taggart

Daniel Weildman

 

Attached below are email responses from Diana Jessup Lee from July 5, 2011 back to May 2011.  Please pay close attention to the June 3, 2011 email to Mr. Mark K. Olson and Mr. Nightingale.

 

Union Bank today connected me to Santa Barbara Bank & Trust for my request of a December 2012 monthly statement and to re-connect my SBBT online accounting.  I have been told that I will have to obtain my online accounting from Diana Jessup Lee along with my December2012 monthly statement.

 

All questions that have been asked of Union Bank/SBBT are now posted to www.unionbancal.net and at www.unionbancalcorp.com  along with pdf files mentioned.  Please pay close attention to this June 29, 2011 email statement from Diana Jessup Lee.

 

“4.  Your July 2007 payment of $22,274.46 was used "to pay the monthly principal and interest payments owing on Note for the earliest five monthly past due payments (May, 2006, June, 2006, July, 2006, August, 2006 and September, 2006)" exactly as stated in the Forbearance Agreement (emphasis added).  This has been explained to you repeatedly.  See my May 19, 2011 letter as well as the charts enclosed with my May 6, 2011 letter.  I do not intend to continue repeating myself, so please do not keep asking this same question.

 

5.     1)  The January 14, 2011 NOD was withdrawn as part of our mediation offer to you.  I have not reviewed it, nor is there any reason to do so since it is irrelevant. 

        2)  The May 19, 2011 NOD states the amount of your default, not the outstanding balance due on the loan.  My May 6 and 19 letters addressed your questions about past payments and the outstanding balance due on your loan.  The pending NOD is consistent with my May 6 and May 19 letters, and all three are accurate; they simply address different issues. 

        3)  All principal payments you made were credited prior to determining the amount of your default as stated in the pending NOD.  See explanation 1. above.

        4)  I have reviewed your Ex. 6 and cannot find the document to which you reference.  Nevertheless, it does not matter.  The operative documents are my May 6 and 19 letters to you with enclosed schedules and the May 19, 2011 NOD.  All three of these documents credit the $22,274.46 as if you had timely made the monthly payments due May, 2006 through September, 2006, as agreed in the Forbearance Agreement.”

 

June 28, 2011 email statement from Diana Jessup Lee.  “I do not know what "computerized" records you are requesting.  The May 6, 2011 schedules are official and are correct, so there is no need for any other records.

 

Please send me a copy of the "1098 form" about which you have questions and I will obtain an explanation for you.

 

My May 19, 2011 letter to you explained the application of the $22,274.46 in detail.  Please read my letter.”

 

Union Bank President & Chief Executive Officer---Masashi Oka, I am again asking Union Bank the following questions and not Diana Jessup Lee.   Please have Union Bank explain as to why Santa Barbara Bank & Trust has claimed in their March 30, 2012 Declaration to Judge Robin L. Riblet; Attorney fees of $57,676.17 for having to ask SBA loan questions of “Diana Jessup Lee” (Reicker, Pfau, Pyle & McRoy LLP)?

 

Please have Union Bank account for the Attorney fees charged of $57,676.17 by Reicker, Pfau, Pyle & McRoy LLP?

 

Please have Union Bank provide an itemized accounting of Reicker, Pfau, Pyle & McRoy LLP Attorney fees charged against the Oceano Nursery SBA PLP loan from the start of these Attorney Fees?

 

Please have Union Bank explain how SBBT/Union Bank can pay attorney fees out of SBA PLP loan money, before the SBA PLP loan is paid back?

 

Please have Union Bank explain Karen L. Grants response to Judge Robin L. Riblet on P. 6 of her signed March 29, 2012 response to Debtors Objection? 

 

Please have Union Bank provide a full Proof of Claim by Santa Barbara Bank & Trust going back to 2003 with the SBBT Bankruptcy changes made during Bankruptcy! 

 

Please explain as to how Union Bank/Santa Barbara Bank & Trust applied the 2007 five payments of $22,274.46 to pay off the principal and interest for five of the 15 payments that the debtor had missed; as seen in the SBBT September 7, 2011 email below?

 

Union Bank.  Karen L. Grant falsified information to Judge Robin L. Riblet in her signed March 29, 2012 SBA PLP loan accounting P. 2!  Please explain how the five payments totaling $22,274.46 was applied towards principal as claimed by Karen L. Grant? 

 

Union Bank.  Diana Jessup Lee of Reicker, Pfau, Pyle & McRoy LLP in her SBBT May 6, 2011 Amortization schedules and her May 19, 2011 SBBT letter does not apply any of the five payments totaling $22,274.46 to principal as claimed by Karen L. Grant to Judge Robin L. Riblet.  Again please provide an accounting for five payments totaling $22,274.46 to principal as claimed by Santa Barbara Bank & Trust!

 

Union Bank.  In the remaining ten payments totaling $45,171.20 as claimed by Karen L. Grant to Judge Robin L. Riblet on P. 2.   Please immediately provide an accounting of how this money was deferred and amortized?  Please explain as to how Santa Barbara Bank & Trust has a legal right to charge interest on principal per the SBBT claimed $45,171.20 owed in the May 19, 2011 NOD?

 

Union Bank.  Please immediately provide an accounting for Karen L. Grants claim on P. 2 that the SBA loans interest rate was modified to 6%? Please show an accounting of how Santa Barbara Bank & Trust came to a monthly payment of $4,121.06 per month, against the $4,055.30 claimed by Diana Jessup Lee in her May 19, 2011 Accounting letter and her May 6, 2011 Amortization schedules?  Please show in detail as to what Santa Barbara Bank & Trust has done with these payments overcharged!

 

Union Bank.  Please explain as to why Santa Barbara Bank & Trust would file a fraudulent NOD on May 19, 2011 in the SBBT claim of $45,171.20 owed in deferred payments?  Explain why SBBT did not amortize the Oceano Nursery SBA loan from $420,024.30 in 2007 with the May 19, 2011 claimed deferred amount of $45,171.20 owed?

 

Union Bank.  Please explain Karen L. Grants response to Judge Robin L. Riblet on P. 6 of her signed March 29, 2012 response to Debtors Objection?  Explain why Attorney fees of $58,700.00 are due for asking banking questions of Santa Barbara Bank & Trust; for SBBT improperly amortizing a SBA PLP loan since 2007 and then filing a fraudulent NOD on May 19, 2011, claiming $45,171.20 owed in deferred payments?  Union Bank.  Explain per P. 6 as to how a debtors, conduct for asking for an accounting of a SBA loan; costs $58,700.00?  The Creditors of Pismo Beach Surf Shop; should have been paid with this money!

 

Union Bank.  Explain and show in Union Bank documents as to how Santa Barbara Bank & Trust feels a legal right to charge 10% of $265,000.00 as a standard Santa Barbara Bank & Trust foreclosure fee?  Please see P. 7 of Karen L. Grants response of her signed March 29, 2012 response to Debtors Objection?  With the $26,500.00 charged by SBBT as seen in Exhibit A-22 as presented to the United States Bankruptcy Court.  Please show how this is legal with the Oceano Nursery SBA PLP Loan?

 

Union Bank.  Property taxes of $9,274.00 are acceptable and legal as taken out of the appraised $265,000.00 by Santa Barbara Bank & Trust in the Exhibit A- 22 as presented to Judge Robin L. Riblet.

 

Union Bank.  Please provide an accounting and receipts of the $39,750.00 charged by Santa Barbara Bank & Trust per P. 7 of Karen L. Grants response of her signed March 29, 2012 response to Debtors Objection?  How is this charge against a SBA PLP loan legal?  Union Bank.  Please immediately provide a copy of the two most recent Oceano Nursery SBA loan appraisals!  I am also requesting a copy of the most recent (Inventory Opinion Letter) as the last one I have is dated June 28, 2007! 

 

Union Bank.  Santa Barbara Bank & Trust Vice President, Doug Lutz in his Declaration to Judge Robin L. Riblet on P. 11 claims that SBBT applied the $22,274.46 “to pay off the principal and interest for five of the 15 payments that the debtor had missed.”  Please show how this principal was applied as claimed by Vice President Doug Lutz of Santa Barbara Bank & Trust?  Explain how SBBT Vice President Doug Lutz accounts for the $45,171.20 unpaid principal/interest being amortized into the SBA loan on P. 12?  Union Bank.  Why would Santa Barbara Bank & Trust amortize unpaid principal and then charge interest on unpaid principal as seen in SBBT Vice President, Doug Lutz statements to Judge Robin L. Riblet on P. 12 of his Declaration?

 

Union Bank.  Santa Barbara Bank & Trust Vice President, Doug Lutz, claims on P. 13 to Judge Robin L. Riblet, that the principal balance of the SBA “loan has at all material times been in excess of $400,000.”  Please provide any and all documents that Santa Barbara Bank & Trust has to back this up with the SBBT May 19, 2011 NOD claim of $45,171.20 owed in deferred payments!  Please provide an accounting per SBBT Vice President, Doug Lutz P. 15 Attorney fees of $58,700.00 and $8,953.68!  Please explain why a SBA loan debtor is not allowed to ask banking Questions as Doug Lutz states:  “The amount of these fees and costs incurred by SBBT were largely due to Debtor’s own conduct and the necessity to employ counsel to directly communicate with the Debtor regarding any loan issues in accordance with the terms of the restraining order.”  Again please explain why Diana Jessup Lee’s May 19, 2011 Accounting letter and her May 6, 2011 amortization schedules shows Santa Barbara Bank & Trust not properly amortizing the Oceano Nursery SBA PLP Loan?

 

Union Bank.  Please provide an accounting of the Oceano Nursery inventory sold by Santa Barbara Bank & Trust since SBBT foreclosed on the Oceano Nursery property!  The June 28, 2007 SBBT (Inventory Opinion Letter) showed a retail inventory of $450,000.00!  Please provide the 2012 SBBT (Inventory Opinion Letter) as well! 

 

Union Bank.  Explain as to why Santa Barbara Bank & Trust has refused to refinance the Oceano Nursery SBA loan as seen in the February 1, 2011 Santa Barbara Bank & Trust email and provided at mediation?

 

Union Bank.  Please explain, how Santa Barbara Bank & Trust changed; there prior October and November 2012 principal balance of $390,996.91 up to $400,962.89 during bankruptcy in front of Judge Robin L. Riblet?  Union Bank. Please provide an accounting, back to the beginning of the Oceano SBA PLP Loan with SBBT adding $9,965.89 to the Oceano Nursery SBA PLP loan during Bankruptcy in front of Judge Robin L. Riblet and Elizabeth F. Rojas Chapter 13 Trustee!  Please review the prior online SBBT accounting below!

Date

Description

Category

Debit

Credit

Balance

11/4/2011

EFF 11/03/2011

 

 

$4,121.06

$390,996.91

10/11/2011

Regular Payment

 

 

$4,121.06

$390,996.91

9/16/2011

Automatic

 

$206.05

 

$390,996.91

8/30/2011

Review Fee

 

$650.00

 

$390,996.91

8/30/2011

Commercial Appraisal Fee

 

$4,000.00

 

$390,996.91

 

Again, I am requesting that my online Union Bank/SBBT banking be reinstated.  Please provide a monthly mortgage statement for December 2012.  SBBT/Union Bank has yet to provide a mortgage statement as requested!

 

Sincerely

 

Bill Bookout

Pismo Beach Surf Shop

 

CC Masashi Oka--Union Bank

CC Thomas Taggart-Union Bank

CC Daniel Weidman-Union Bank

CC Chris Gautschi

CC Richard Rossi

CC Judge Robin L. Riblet

CC Elizabeth F. Rojas Chapter 13 Trustee

CC California State Bar


From: Diana Lee [mailto:dlee@rppmh.com]
Sent: Tuesday, July 05, 2011 6:20 PM
To: Bill Bookout
Subject: RE: Bookout/PCB Mediation per thier Bank Fraud and Breach of Contract since 2007

 

Dear Mr. Bookout,

 

Pacific Capital Bank has not breached the 2007 Forbearance Agreement, and I never said otherwise.

 

We have repeatedly answered all of the questions you ask.  You simply do not like the answers, so you selectively refer to old documents.  The schedules and "computerized records" you request were included with and explained in my May 6 letter.  The bank cannot and will not buy you a new home, re-establish your failed business or pay the judgments entered against you.

 

Diana Jessup Lee, Esq.

Reicker, Pfau, Pyle & McRoy LLP

1421 State Street, Suite B

Santa Barbara, CA  93101

 

Tel:  805-966-2440

Fax:  805-966-3320

E-mail: dlee@rppmh.com

Website:  www.reickerpfau.com

------------------------------------------------------------------------------------

This e-mail may contain confidential and privileged material for the sole use of the intended recipient.  Any review or distribution by others is strictly prohibited.  If you are not the intended recipient, please contact the sender and delete this e-mail.

 


From: Bill Bookout [mailto:Pismobeachdiveshop@charter.net]
Sent: Monday, July 04, 2011 3:26 PM
To: Diana Lee
Cc: lol@rsmediate.com; Robert Forouzandeh; 'Ashker, Terrill K.'
Subject: RE: Bookout/PCB Mediation per thier Bank Fraud and Breach of Contract since 2007

July 4, 2011              Office of the Comptroller of the Currency Case # 01394465

 

Diana Jessup Lee, Esq.

Reicker, Pfau, Pyle & McRoy LLP

1421 State Street, Suite B

Santa Barbara, CA  93101

 

Dear Mrs. Diana Jessup Lee,

 

Thank you for admitting, that Pacific Capital Bank has breached the 2007 Forbearance and Workout Agreement by paying the 10 Deferred, payments first as you have stated: I will check on the 2007 Form 1098 and see if it should be amended to reflect that you paid less in interest.” Please note that the January 9, 2007 Demand Letter from Heidi Dugan of Pacific Capital Bank; shows how the 10 deferred payments were calculated per the 2007 Forbearance and Workout Agreement!  This is backed up in the PCB monthly payment notices!  The NOD filed May 19, 2011 again is wrong and is an act of Fraud by Pacific Capital Bank and Santa Barbara Bank & Trust!

 

1)       Please provide copies of Pacific Capital Banks computerized records to back up your letters of May 6, 2011 and May 19, 2011!  You will need to explain why Pacific Capital Bank shows in their September 13, 2010 U.S. Small Business Administration document a balance on 12/31/09 of $390,996.91!   In the amortization schedule prepared by you dated 5/5/2011—You show a balance on 12/6/2009 to be $411,531.23.  Why has Pacific Capital Bank never shown this new Balance in their computerized records?  You State: Your request for additional computerized documents makes no sense.”

 

2)       Please have a Pacific Capital Bank Officer, explain why Pacific Capital Bank has been charging my 2007 loan modification; monthly mortgage payment $4,121.06 per month since July 2007?  This adds up to $7,121.57 from the Pacific Capital Bank Computerized records presented to you in exhibit # 6!  In Exhibit # 7 you will notice an October 26, 2010 Demand Statement from Pacific Capital Bank Vice President, Sandra Sheffield showing a principal balance different then your May 5, 2011 amortizations schedule prepared by you!  Your statement below shows fraud! The bank did not overcharge you $7,172.57.  Each of your payments were applied to outstanding interest and then to principal.”

 

3)       This Statement by you--- Many of your early payments were for more than the minimum amount due, and the principal balance was reduced accordingly with each payment.”  Needs to be addressed as Pacific Capital Bank has not applied all of these additional principal payments to my principal as seen in Pacific Capital Banks online accounting and PCB, IRS 1098 forms for 2007, 2008, 2009!  In 2008 PCB charged $157.88 towards late charges,  In 2009 $711.40 towards Late Charges after Pacific Capital Bank had Paid back all of the 10 deferred payments against the 2007 Forbearance and Workout agreement.  Please provide copies of Pacific Capital Banks computerized records to back up your letters of May 6, 2011 and May 19, 2011!  Please explain why Pacific Capital Bank paid the 10 deferred payments first, rather then abide by the 2007 Forbearance and Workout Agreement?

 

4)       Please note that Pacific Capital Bank has not reduced principal as you have stated per the IRS 1098 forms for 2007, 2008, 2009!  Can you have a Pacific Capital Bank Officer or Board Director, explain why this was not done per Exhibit # 6? 

 

5)       In the IRS 1098 form for December 31, 2007 prepared by Pacific Capital Bank.  Please explain why the five payments of $22,274.46 does not reduce principal per your statements and your accounting in your May 6, 2011 letter and May 19, 2011 letters?  You State June 29, 2011: 4.  Your July 2007 payment of $22,274.46 was used "to pay the monthly principal and interest payments owing on Note for the earliest five monthly past due payments (May, 2006, June, 2006, July, 2006, August, 2006 and September, 2006)" exactly as stated in the Forbearance Agreement (emphasis added).  This has been explained to you repeatedly.  See my May 19, 2011 letter as well as the charts enclosed with my May 6, 2011 letter.  I do not intend to continue repeating myself, so please do not keep asking this same question.  This is a false statement from you, per the 2007 Forbearance and Workout Agreement.  Please explain as to why you show no principal reduction of the $22,274.46 in your May 6, 2011 and May 19, 2011 letters or the May 19, 2011 NOD?  The 2007 Forbearance Agreement States: On Page (3 # 2 i)  $22,274.46 to pay the monthly principal and interest payments owing on the Note for the earliest five past due monthly payments (May, 2006, June, 2006, July 2006, August, 2006 and September 2006).” This has not been done and is a Breach of Contract as you (Diana Lee) State:  All three of these documents credit the $22,274.46 as if you had timely made the monthly payments due May, 2006 through September, 2006, as agreed in the Forbearance Agreement.”

 

6)       The 2007, 2008 and 2009 IRS 1098 forms cannot be amended from Pacific Capital Bank paying the 10 deferred payments of $31,999.75 first per your statement:    3.   I will check on the 2007 Form 1098 and see if it should be amended to reflect that you paid less in interest.” Please note that Pacific Capital Banks Breach of Contract since 2007 now needs to be resolved!  Exhibit # 6 dated June 23, 2007 is the document presented by Pacific Capital Bank per the 2007 Forbearance and Workout Agreement.  You have now changed this with the second NOD filed May 19, 2011.  This is unacceptable and is Fraud!  Please review the Pacific Capital Bank Computerized records in Exhibit # 6 dated July 17, 2007---------July 18, 2007------------July 19, 2007------July 23, 2007-----July 24, 2007-------July 25, 2007--------July 26, 2007-----------July 27, 2007-----------August 1, 2007---And September 15, 2007 showing how principal and interest was received by Pacific Capital Bank and that Pacific Capital Bank paid the 10 deferred payments first, rather then what was stated in the Forbearance and Workout Agreement! Please provide copies of Pacific Capital Banks computerized records to back up your letters of May 6, 2011 and May 19, 2011 as you state:  Your request for additional computerized documents makes no sense.”

 

7)       Please note that I had a buyer for my house in 2007 and 2010!  Pacific Capital Bank would not let me sale my house per emails from George C. Lazar and Sandra Sheffield!  Please read the 2007 Forbearance and Workout Agreement if you have any more questions on this matter.  Pacific Capital Bank in 2010 was set to receive $10,000.00 from the sale of this house to reduce my loan.  Exhibit # 4 shows a December 15, 2010 letter from George C. Lazar.  I will be expecting Pacific Capital Bank to credit my loan $10,000.00 form Mr. Lazars actions per the sale of this 631 Lake Street house included in the 2007 Forbearance and Workout Agreement!  You State: The fact that another bank foreclosed on your home because you did not pay that bank either, is not a topic we can address.”  This is a topic to be addressed as the amount over charged by Pacific Capital Bank on my SBA loan could have continued to make these mortgage payments and I would still own this home or would have sold it in 2007 without Pacific Capital Bank taking it as equity in the 2007 Forbearance and Workout Agreement!

 

8)       Again per your comments below in # 2.  Your request for additional computerized documents makes no sense.”  Please provide copies of the Pacific Capital Banks Computerized documents/records to back up your statements and your May 6, 2011 letter and May 19, 2011 letters!

 

9)       Please explain why Pacific Capital Bank would charge $1,953.45 of Oceano Nursery working capital since July 2007 to pay Attorney fees after the preparation of the June 27, 2007 forbearance and workout agreement from the 2007 suspense account?  Has Pacific Capital Bank ever been a prevailing party in any Lawsuit to allow the $1,953.45 of Oceano Nursery business working Capital use in paying Attorney fees after George C. Lazar, preparing the June 27, 2007 forbearance and workout agreement?

 

Diana Jessup Lee, As you have Stated:  “I have offered discount your loan by various amounts, including $7,000, if it would settle your claims and you would resume making loan payments”.---------  Solely for settlement purposes I offered to discount your loan by various amounts, including $7,000.  Your mischaracterization of such offers is discouraging.” 

 

With Pacific Capital Banks Breach of Contract and Mortgage Modification Fraud since 2007 leading to the closure of my Oceano Nursery business; the loss of my 631 Lake Street House and now being unable to make the Oceano Nursery loan payments from Pacific Capital Banks actions since 2007!

 

A)      Please see that Pacific Capital Bank refunds my $7,121.57 overcharged by PCB against the 2007 Forbearance and Workout Agreement!

 

B)      Please see that Pacific Capital Bank refunds the $25,925.00 charged by Pacific Capital Bank due to Sandra Sheffield’s actions on May 17, 2007 as seen in exhibit # 5!  Pacific Capital Bank has breached this contract!

 

C)      Please see that Pacific Capital Bank applies my extra principal payments to my loan, rather then to late fees as Pacific Capital Bank has done off and on since 2007!  You State: Many of your early payments were for more than the minimum amount due, and the principal balance was reduced accordingly with each payment”

 

D)      Please see that Pacific Capital Bank purchase’s a new house for me from Pacific Capital Banks actions in requiring my personal residence for additional equity in the 2007 Forbearance and Workout Agreement with no appraisal on this house!    Please Note that Pacific Capital Bank would not allow this house to be sold in 2010 to help pay down my PCB Mortgage Debt from Pacific Capital Banks Mortgage Modification Fraud, now acknowledged by you!

 

E)      Please see that Pacific Capital Bank restores my Oceano Nursery business back to it’s, full inventory level on May 15, 2007 before Pacific Capital Banks actions on May 17, 2007!

 

F)      Please see that Pacific Capital Bank pays for lost earning and goodwill form 2008 –July 2007 for the Oceano Nursery business!

 

G)     Pacific Capital Bank in the 2007 Breach of Contract, Forbearance and Workout Agreement Exhibit # 3 dated June 28, 2007 required the proceeds from the Inverse condemnation Lawsuit with Caltrans, County of San Luis Obispo, Union Pacific Railroad and the Oceano Community Service District per Page 1 and 2 # E—Page 6 # 5 Acknowledgement of and Grant of Security Interest in Litigation.  The Judgments from this will now need to be paid by Pacific Capital Bank and Santa Barbara Bank & Trust, per their requirement to fight Inverse Condemnation!  The 2003 Pacific Capital Bank loan requirement as seen in the Deed of Trust to fight Inverse Condemnation and the 2007 Loan Modification backs up this requirement.  Please see that Pacific Capital Bank pays all legal fees and judgments per the Pacific Capital Bank requirement to fight Inverse Condemnation!  This amount is around $200,000.00 to the County of San Luis Obispo, Caltrans, OCSD and Union Pacific Railroad.  Pacific Capital Bank states in this 2003 Deed of Trust: 

The Following Provisions relating to eminent domain and inverse condemnation proceeding are part of this Deed of Trust.”

“Proceedings.  If any imminent domain or inverse condemnation proceeding is commenced affecting the property, Trustor shall promptly notify Lender in writing, and Trustor shall promptly take such steps as may be necessary to pursue or defend the action and obtain the award.  Trustor may be a nominal party in any such proceeding, but Lender shall be entitled, at its election, to participate in the proceeding and to be represented in the proceeding by counsel of its own choice, and Trustor will deliver or cause to be delivered to Lender such instruments and documents as may be requested by Lender from time to time to permit such participation.”

Application of Net Proceeds.  If any award is made or settlement entered into in any condemnation proceedings affecting all or any part of the property or by any proceeding or purchase in lieu of condemnation, Lender may at its election, and to the extent permitted by law, require that all or any portion of the award or settlement be applied to the indebtedness and to the repayment of all reasonable costs, expenses, and attorney’s fees incurred by trustee or Lender in connection with the proceedings.”

H)      The SBA has stated March 9, 2011 from Ashker, Terrill K.  “SBA neither agrees nor disagrees that Pacific Capital Bank has ‘accurately’ amortized your loan since 2007. If you dispute the calculation of your remaining loan balance, SBA believes  that a private attorney retained by you would advise you that you have the right to seek recourse against your lender by suing Pacific Capital Bank for breach of contract.” Pacific Capital Bank has shown this Breach of Contract in the May 6, 2011 letter and the May 19, 2011 letter along with the false May 5, 2011 amortization schedule prepared by Diana Lee.  Please see that Pacific Capital Bank corrects their false May 5, 2011 amortization schedule, showing a proper accounting!

 

The questions asked above need to be answered per Pacific Capital Banks statements to the Santa Barbara Superior Court.  SBBT Stated in writing to the Santa Barbara Superior Court:  “Mr. Lazar and subsequently to Ms. Lee, and that any and all of his questions would be answered by those designated representatives.  (See Exhibits A through D.)”  Per Attachment Item 6: Page 2,-------------------Again, Please provide copies of Pacific Capital Banks Computerized records to back up your letters of May 6, 2011 and May 19, 2011!  Please answer the questions asked of you as directed by SBBT and told to the Santa Barbara Superior Court by Pacific Capital Bancorp per your May 19, 2011 harassment claim letter and your explanation in regards to the amortization schedule prepared by you!

 

Sincerely

 

 

Bill Bookout 


From: Diana Lee [mailto:dlee@rppmh.com]
Sent: Wednesday, June 29, 2011 3:55 PM
To: Bill Bookout
Cc: lol@rsmediate.com; Robert Forouzandeh
Subject: RE: Bookout/PCB Mediation per thier Bank Fraud and Breach of Contract since 2007

 

Dear Mr. Bookout:

 

1.   The bank did not overcharge you $7,172.57.  Each of your payments were applied to outstanding interest and then to principal.  Many of your early payments were for more than the minimum amount due, and the principal balance was reduced accordingly with each payment.   Solely for settlement purposes I offered to discount your loan by various amounts, including $7,000.  Your mischaracterization of such offers is discouraging.  The bank is willing to discuss any reasonable proposal for curing your loan default.  The fact that another bank foreclosed on your home because you did not pay that bank either, is not a topic we can address. 

 

2.  The two amortization schedules enclosed with my May 6, 2011 letter were created by SBBT based on the terms of your original loan, the forbearance agreement, and your payment history.  Your request for additional computerized documents makes no sense.

 

3.   I will check on the 2007 Form 1098 and see if it should be amended to reflect that you paid less in interest.

 

4.  Your July 2007 payment of $22,274.46 was used "to pay the monthly principal and interest payments owing on Note for the earliest five monthly past due payments (May, 2006, June, 2006, July, 2006, August, 2006 and September, 2006)" exactly as stated in the Forbearance Agreement (emphasis added).  This has been explained to you repeatedly.  See my May 19, 2011 letter as well as the charts enclosed with my May 6, 2011 letter.  I do not intend to continue repeating myself, so please do not keep asking this same question.

 

5.     1)  The January 14, 2011 NOD was withdrawn as part of our mediation offer to you.  I have not reviewed it, nor is there any reason to do so since it is irrelevant. 

        2)  The May 19, 2011 NOD states the amount of your default, not the outstanding balance due on the loan.  My May 6 and 19 letters addressed your questions about past payments and the outstanding balance due on your loan.  The pending NOD is consistent with my May 6 and May 19 letters, and all three are accurate; they simply address different issues. 

        3)  All principal payments you made were credited prior to determining the amount of your default as stated in the pending NOD.  See explanation 1. above.

        4)  I have reviewed your Ex. 6 and cannot find the document to which you reference.  Nevertheless, it does not matter.  The operative documents are my May 6 and 19 letters to you with enclosed schedules and the May 19, 2011 NOD.  All three of these documents credit the $22,274.46 as if you had timely made the monthly payments due May, 2006 through September, 2006, as agreed in the Forbearance Agreement.

 

Diana Jessup Lee, Esq.

Reicker, Pfau, Pyle & McRoy LLP

1421 State Street, Suite B

Santa Barbara, CA  93101

 

Tel:  805-966-2440

Fax:  805-966-3320

E-mail: dlee@rppmh.com

Website:  www.reickerpfau.com

------------------------------------------------------------------------------------

This e-mail may contain confidential and privileged material for the sole use of the intended recipient.  Any review or distribution by others is strictly prohibited.  If you are not the intended recipient, please contact the sender and delete this e-mail.

 


From: Bill Bookout [mailto:Pismobeachdiveshop@charter.net]
Sent: Tuesday, June 28, 2011 4:25 PM
To: Diana Lee
Cc: lol@rsmediate.com; Robert Forouzandeh
Subject: RE: Bookout/PCB Mediation per thier Bank Fraud and Breach of Contract since 2007

June 27, 2011                Office of the Comptroller of the Currency Case # 01394465

 

Diana Jessup Lee, Esq.

Reicker, Pfau, Pyle & McRoy LLP

1421 State Street, Suite B

Santa Barbara, CA  93101

 

Dear Mrs. Diana Jessup Lee,

 

The NOD that Pacific Capital Bank has file May 19, 2011 does not take into account the 29 payments PCB has over charged my SBA Loan by $7,172.57.  This action by Pacific Capital Bank is a Breach of Contract and I am again willing to sit down in Mediation with Pacific Capital Bank to resolve this issue since 2007!

 

The $7,172.57 would have saved my personal house required by Pacific Capital Bank in the 2007 loan modification in which Pacific Capital Bank immediately broke this signed agreement as seen in your May 6, 2011 amortization schedule.

 

You State:  I do not know what "computerized" records you are requesting.  The May 6, 2011 schedules are official and are correct, so there is no need for any other records. Please provide the computerized records showing how Pacific Capital Bank has come up with the $4,055.30 monthly payment or the $4,028.05 payments seen in your May 6, 2011 letter and amortization schedules.  If these amortization schedules are not created from Pacific Capital Banks computerized records, then please explain if they where created by you or how they were created?  You now have, had a chance to see the Pacific Capital Bank computerized records dated June 6, 2007 and July 24, 2007 showing your May 6, 2011 amortization schedules to be wrong. 

 

The 1098 forms are in your possession as seen in Exhibit # 6 per the Santa Barbara Bank & Trust Harassment claim June 27, 2011 Please send me a copy of the "1098 form" about which you have questions and I will obtain an explanation for you.”  Please review all computerized Pacific Capital Bank documents in Exhibit # 6!

 

No, your May 19, 2011 letter did not explain the $22,274.46 in detail per your statement: “My May 19, 2011 letter to you explained the application of the $22,274.46 in detail.  Please read my letter.” Please explain why none of this $22,274.46 was applied towards principal per the July 6, 2007 Forbearance and Workout Agreement?  This is a Breach of Contract and Mortgage Modification Fraud on top of the $7,172.57 overpaid in principal to Pacific Capital Banks since 2007!   On Page (3 # 2 i)  It States: “$22,274.46 to pay the monthly principal and interest payments owing on the Note for the earliest five past due monthly payments (May, 2006, June, 2006, July 2006, August, 2006 and September 2006).”  This was not done by Pacific Capital Bank and is not seen in your May 19, 2011 Letter!

 

Per your Statement:  As  we explained, a lower number was used in the NOD in an effort to eliminate any possible dispute.   In calculating your missed payment amounts for the NOD, the missed payments in  2010-2011 were calculated at 5.25% interest ( then current prime rate of 3.25% + 2% as stated in the original loan) as a courtesy to you.  Pursuant to the Forbearance Agreement the bank is entitled to charge you 6%.  If you pay this lower number, the NOD will be withdrawn.”

1) Please explain, why this was not done in the January 14,  2011 NOD?

 

2) Please explain why the May 6, 2011 amortization schedule prepared by you or the May 19, 2011 letter does not show this explanation?

 

3) Please explain why the extra principal paid of $7,172.57 is not seen in this new Pacific Capital Bank accounting method per the NOD filed May 19, 2011?

 

4) Again In exhibit # 6 is a Pacific Capital Bank Loan Transaction History, dated September 13, 2010, showing no principal reduction of the five payments as seen in your May 6, 2011 amortization schedules.  Can you explain how the $22,274.46 was applied to reduce this loans principal as you had mentioned before court?  This is not seen in the May 19, 2011 NOD reducing Principal per the July 6, 2007 Forbearance and Workout Agreement prepared by Pacific Capital Bank as Stated:  $22,274.46 to pay the monthly principal and interest payments owing on the Note for the earliest five past due monthly payments (May, 2006, June, 2006, July 2006, August, 2006 and September 2006).” 

 

This $22,274.66 figure above was not taken into account in the May 19, 2011 NOD and was not explained in the May 19, 2011 letter per your harassment claim!  You State:  “Pursuant to the terms of the Forbearance Agreement, you paid $22,274.46 to satisfy the May 2006 through September payments,”  Please note that you have not included the principal paid per this 2007 Forbearance Agreement in the May 19, 2011 NOD! Can you explain why Pacific Capital Bank has not done this?

 

Sincerely

 

 

Bill Bookout 


From: Diana Lee [mailto:dlee@rppmh.com]
Sent: Tuesday, June 28, 2011 12:18 PM
To: Bill Bookout
Cc: lol@rsmediate.com; Robert Forouzandeh
Subject: RE: Bookout/PCB Mediation per thier Bank Fraud and Breach of Contract since 2007

 

Dear Mr. Bookout:

 

As you are fully aware, I never admitted that Pacific Capital Bank over charged your account.  We have repeatedly provided you with detailed schedules showing how your payments have been applied and how your default balance is calculated.  You have not made any payments in 1.5 years and the bank is currently proceeding with foreclosure proceedings.  I have offered discount your loan by various amounts, including $7,000, if it would settle your claims and you would resume making loan payments.  On every occasion that a settlement has been offered to you, you have declined it.  Your mischaracterization of settlement offers as admissions makes it very difficult to have productive discussions with you.  Nevertheless, the bank remains willing to consider any reasonable proposal you have to cure your loan default. 

 

I do not know what "computerized" records you are requesting.  The May 6, 2011 schedules are official and are correct, so there is no need for any other records.

 

Please send me a copy of the "1098 form" about which you have questions and I will obtain an explanation for you.

 

My May 19, 2011 letter to you explained the application of the $22,274.46 in detail.  Please read my letter.

 

As  we explained, a lower number was used in the NOD in an effort to eliminate any possible dispute.   In calculating your missed payment amounts for the NOD, the missed payments in  2010-2011 were calculated at 5.25% interest ( then current prime rate of 3.25% + 2% as stated in the original loan) as a courtesy to you.  Pursuant to the Forbearance Agreement the bank is entitled to charge you 6%.  If you pay this lower number, the NOD will be withdrawn.

 

Diana Lee.

Diana Jessup Lee, Esq.

Reicker, Pfau, Pyle & McRoy LLP

1421 State Street, Suite B

Santa Barbara, CA  93101

 

Tel:  805-966-2440

Fax:  805-966-3320

E-mail: dlee@rppmh.com

Website:  www.reickerpfau.com

------------------------------------------------------------------------------------

This e-mail may contain confidential and privileged material for the sole use of the intended recipient.  Any review or distribution by others is strictly prohibited.  If you are not the intended recipient, please contact the sender and delete this e-mail.

 


From: Bill Bookout [mailto:Pismobeachdiveshop@charter.net]
Sent: Tuesday, June 28, 2011 5:20 AM
To: Diana Lee
Cc: lol@rsmediate.com; velie@coastnews.com; rmiller@newtimesslo.com
Subject: RE: Bookout/PCB Mediation per thier Bank Fraud and Breach of Contract since 2007

June 27, 2011                Office of the Comptroller of the Currency Case # 01394465

 

Diana Jessup Lee, Esq.

Reicker, Pfau, Pyle & McRoy LLP

1421 State Street, Suite B

Santa Barbara, CA  93101

 

Dear Mrs. Diana Jessup Lee,

 

Thank you for admitting June, 27, 2011 that Pacific Capital Bank had been over charging my SBA loan since 2007 and that I am owed $7,172.57 from Pacific Capital Bank.  When will Pacific Capital Bank be refunding this money with interest?

 

As you can now see from Exhibit # 6 dated June 23, 2007 from Pacific Capital Banks computerized records; the May 6, 2011 amortization schedules are wrong.  Please provide the Pacific Capital Bank computerized records you mentioned!

 

The Pacific Capital Bank computerized records in Exhibit # 6 show Pacific Capital Bank paying the deferred payments first since 2007.  Why are they now claimed in the May 19, 2011 NOD?  This is seen in the 1098 form presented to the IRS!

 

In exhibit # 6 is a Pacific Capital Bank Loan Transaction History showing no principal reduction of the five payments as seen in your May 6, 2011 amortization schedules.  Can you explain how the $22,274.46 was applied to reduce this loan as you had mentioned before court?  This is not seen in the May 19, 2011 NOD!

 

Please answer the questions below of Mr. Mark K. Olson and Mr. Nightingale on June 3, 2011. 

 

Please explain from your assistant Attorney Statements how Pacific Capital Bank has now come up with on May 19, 2011 a monthly mortgage payment of $3,873.73 instead of the $4,121.06 charged by Pacific Capital Bank since 2007?  This monthly payment is different then the May 5, 2011 amortization schedules, you had prepared with your May 6, 2011 letter.  Please see exhibit # 2 per the Fidelity National Title Company NOD accounting on May 26, 2011.

 

Sincerely

 

Bill Bookout

 

CC  California State Bar

CC  California State Attorney General

 

=============================================

Santa Barbara Superior Court---Ch-110 item 11 Facts

Case # 1381216

 

Pacific Capital Banks claim of Harassment is False!  All Email Communication since May 19, 2011 with Santa Barbara Bank & Trust; Directors and Officers has been to show the mistakes made in SBBT Exhibit F and E accounting of this SBA loan!   Pacific Capital Bank now has full knowledge of their mistakes.  Diana Lee, believes that her May 19, 2011 letter is correct as presented to the Santa Barbara Superior Court in her Declaration.  In this May 19, 2011 letter---SBBT/Diana Lee has again improperly amortized my SBA loan with PCB admitted Breach of Contract from Diana Lee’s May 6, 2011 letter and amortization schedules 1 and 2!   All communication with Pacific Capital Bank since May 19, 2011 is only due to the fact that Diana Jessup Lee has refused to answer questions asked of Pacific Capital Bank through Diana Lee.!

 

Please review the Email to Mr. Mark K. Olson and Mr. Richard Nightingale on June 3, 2011 withheld from the Santa Barbara Superior Court (Exhibit 1) Please review the Emails to Christine Sontag and Diana Lee May 27, 2011 (Exhibit # 2).  Please review Diana Lees Emails below May 31, 2011 and June 3, 2011 in Exhibit # 1.  Diana Jessup Lee states June 3, 2011.  The questions you ask are answered with full explanations in my letters to you dated May 6 and 19, 2011.  This statement by Diana Lee is false as seen below and in Exhibits 1-15.

 

There has been no Harassment of Pacific Capital Banks Board of Directors and Officers!  All communication with Pacific Capital Bank since 2007 has been in an attempt get the mistakes made by PCB corrected and acknowledged by Pacific Capital Bank.  Pacific Capital Bank shows part of their mistakes in their May 6 and 19th letters.

 

Diana Jessup Lee states May 31, 2011 As I have stated on a number of occasions, I have found no evidence of fraud in Pacific Capital Bank's handling of your loan nor in its handling of your many defaults on the loan and subsequent attempts to restructure your loan in an effort to help you cure your defaults.  The information I provided you with my May 6, 2011 letter is correct and consistent with the pending NOD.”  This Statement by Diana Jessup Lee is false as seen in Pacific Capital Banks Computerized records Exhibit # 6 and the amortization schedules 1 and 2 provided May 6, 2011.

 

Diana Jessup Lee in her Declaration to the Santa Barbara Superior Court withholds her actions and her communication in Exhibit # B-SBBT.  Diana Jessup Lee, States May 25, 2011 in Exhibit # 1 and Exhibit and G  “Nevertheless, we believe we have previously answered all of your pertinent questions.”  This is a false statement by Diana Lee and has required Email Communication with Pacific Capital Banks Board of Directors and Officers!

 

In Christine Sontag’s Declaration to the Santa Barbara Superior Court, she has withheld and redacted documents from the Superior Court from 2007 to June 3, 2011.  Christine Sontag # 5 in her Declaration has redacted exhibits to the Santa Barbara Superior Court C, D, G and H.  Mrs. Sontag # 7 in her Declaration, allows SBBT to not answer loan amortization questions until May 6, 2011 as seen in exhibit # 1.  These questions answered May 6, 2011 and May 19, 2011 show Pacific Capital Banks Breach of Contact and Mortgage Modification Fraud since 2007!  (See June 3, 2011 letter below to Mr. Mark K. Olson and Mr. Richard Nightingale Exhibit # 1)

 

In Christine Sontag’s June 3, 2011 Declaration to the Santa Barbara Superior Court, she shows; under exhibit G receipt of the May 27, 2011 Email to her and the California State Senate.  None of the questions asked have been answered.  Attached to this email is the May 27, 2011 email to Diana Lee regarding the May 19, 2011 NOD and Diana Jessup Lee’s May 19, 2011 letter.

 

In Christine Sontag’s CH-100 Form P. 1 (Attachment Item 6 –Describe Harassment)---Mrs. Sontag does not mention that Pacific Capital Bank had not properly amortized this SBA loan since the 2007 Forbearance and Workout agreement.  This is Fraud and Breach of Contract as seen in the June 30, 2007 Forbearance and Workout Agreement. (Exhibit # 3.) 

 

Pacific Capital Bank on May 6, 2011 provided two loan amortization schedules showing Pacific Capital Banks Fraud and Breach of Contract!  Christine Sontag, states in P. 1 Attachment 6---- “Bookout responded by making baseless and unsupported allegations of fraud and misconduct against SBBT.”  Please see NOD filed May 19, 2011 showing a monthly payment owed Pacific Capital Bank of $3,873.73 per month instead of $4,121.06 charged by Pacific Capital Bank since 2007!  Pacific Capital Bank does not account for the $7,172.57 dollars that they have overcharged my loan.  I believe that this is Grand Theft and ask the Santa Barbara Superior Court if this is considered Grand Theft?

 

SBBT in their attachment # 6 P. 2 withholds all letters sent by Diana Lee from the Santa Barbara Superior Court as SBBT States:  “True and correct copies of several initial letters sent by Ms. Lee to Bookout advising him that all communications were to be directed to her are attached hereto as Exhibit B and incorporated herein.”  SBBT Exhibit H shows many of Diana Lee’s Emails not presented in Exhibit B showing her hostility along with many redacted email by SBBT to the Santa Barbara Superior Court.  Please review in SBBT Exhibit # H--- March 28, 2011 email to Christine Sontag and then the response from Diana Lee forty minutes later.  Notice that this communication is not copied to SBBT Board Directors or Officers per agreements with Pacific Capital Bank.  PCB Board Directors or Officers have since been contacted with mistakes made by Diana Lee in her May 6 and May 19, 2011 accounting of this SBA loan!  Attached in (Exhibit # 1) are the Email Communication from March 21, 2011 to March 24, 2011 Redacted by SBBT.  These Emails prior to Mediation are requesting an Amortization Schedule accounting of SBBT.  The Email from Diana Lee on March 23, 2011 per communication with only Diana Lee and Lol Sorenson should show the Santa Barbara Superior Court why it is important for Pacific Capital Bank to see their continued mistakes with Diana Lee’s May 6, 2011 Amortization Schedule mistakes now acknowledged in the May 19, 2011 NOD from SBBT.  Exhibit # 7 shows a October 26, 2010 Demand Statement by Sandra Sheffield different then the accounting in the May 19, 2011 Diana Lee explanation!

 

Santa Barbara Bank & Trust in their attachment # 6 P. 2 Exhibit C show, two copies of communication from Sandra Sheffield as unwelcome communication.  Sandra Sheffield is the Vice President of the Pacific Capital Bank SBA Credit Administration as seen in Exhibit # 3 per the signed Forbearance and Workout Agreement July 2, 2007.  SBBT has not provided all Communication with Sandra Sheffield.  Please view Exhibit # 4 email May 12, 2008 from George C. Lazar.  Please view Exhibit # 5 for a better accounting of Pacific Capital Banks actions since 2007 with George C. Lazar and Sandra Sheffield.

 

Santa Barbara Bank & Trust in their attachment # 6 State: “Most of the communications are nearly identical, repeat the same false and unsupported accusations against SBBT, and repeat the same questions over and over.”  With questions asked of Pacific Capital Bank and SBBT in their Exhibit # H unanswered by SBBT. SBBT States:  “Mr. Lazar and subsequently to Ms. Lee, and that any and all of his questions would be answered by those designated representatives.  (See Exhibits A through D.)”  Santa Barbara Bank and Trust has not answered any questions asked of them as seen in Exhibits 1-15.  SBBT Exhibit # E provides two different amortization schedules that were not prepared by SBBT.  (See Exhibit 14) 

 

Santa Barbara Bank & Trust does not apply principal payments from the $22,274.46 paid SBBT from the 2007 Forbearance And Workout agreement in their May 19, 2011 accounting.  Exhibit # 6 First Bank of San Luis Obispo July 24, 2007 payment notice account number 100983501 shows Pacific Capital Banks mistakes along with the loan payment history provided by Pacific Capital Banks Loan Services.  The July 17, 2007-September 15, 2007 PCB Computerized accounting shows Diana Jessup Lees May 19, 2011 accounting to be false along with her May 6, 2011 amortization schedules 1 and 2!

 

Pacific Capital Banks Attorney, Diana Jessup Lee has declared June 3, 2011 under penalty of perjury under the laws of the State of California, that her Declaration is true and correct.  The Santa Barbara Superior Court will need to review Diana Jessup Lee’s May 19, 2011 letter in exhibit # F combined with the email to Mr. Mark K. Olson and Mr. Richard Nightingale on June 3, 2011; showing Diana Jessup Lee not answering banking questions asked of Pacific Capital Bank!

 

Santa Barbara Bank & Trust in their attachment # 6 P. 2 State:  “After mediation, on May 6, 2011, SBBT voluntarily provided additional documentation to Bookout in an attempt to address all of his concerns regarding the handling of the loan.  A true and correct copy of the May 6, 2011 letter is attached hereto as Exhibit E and incorporated herein.”   

Fidelity National Title Company shows SBBT statements to be False and not correct in their email May 26, 2011 Email as seen in Exhibit # 1----Thus  showing a lower monthly payment of $3,873.73 instead of Pacific Capital Banks Exhibit # E claim of $4,055.30 or $4,028.05!  Pacific Capital Bank has been charging this SBA loan since 2007 $4,121.06 per month!  Exhibits # 6 and 7 Backs up this charge!  In Exhibit # 6 are SBBT-First Bank of San Luis Obispo 1098 IRS statements showing Pacific Capital Banks Breach of Contract and Fraud now known to the Santa Barbara Superior Court. 

 

In the IRS 1098 forms provided by Pacific Capital Bank for 2007 PCB Charges $53,358.70 interest for 2007 ---with no principal paid against the 2007 forbearance and workout agreement.  This goes against the 2007 Forbearance and Workout agreement!  In 2008 PCB charges $37,164.30 of interest and only $5,598.88 towards principal!  Exhibit 14 shows a PCB amortization Schedule to better understand Pacific Capital Banks Breach of Contract.

 

Exhibit # 5 gives the Santa Barbara Superior Court an accounting of Pacific Capital Banks actions since 2007 with their August 1, 2007 letter stating:  “The proper Bank officials will look into the computerized records and determine if there are any problems.”  Santa Barbara Bank & Trusts May 6, 2011 letter shows that SBBT Bank Official have never reviewed the computerized records until the May 19, 2011 NOD filed the same day as Diana Jessup Lee’s May 19, 2011 accounting.  Please review the July 28, 2008 email to George C. Lazar and Sandra Sheffield per their mistakes in exhibit # 5!

 

Exhibit # 6 shows the Santa Barbara Superior Court---- Pacific Capital Banks computerized accounting of this SBA Loan in 2007 before Diana Jessup Lee’s May 6, 2011 Amortization Schedules 1 and 2.  These computerized records are completely different then Diana Lees May 19, 2011 accounting!

 

Santa Barbara Bank & Trust in their attachment # 6 Page 3 -----Per their Harassment claim are wrong with their refusal to answer Banking questions.  SBBT shows their Fraud and Breach of Contract to the Santa Barbara Superior Court as SBBT states“A true and correct copy of the May 19, 2011 letter is attached hereto as Exhibit F and incorporated herein.”  Pacific Capital Banks Fraud is seen in the NOD (Exhibit # 1) filed this same day by Pacific Capital Bank showing a loan payment of $3,873.73 instead of the $4,055.30 claimed in the May 19, 2011 SBBT letter as correct to the Santa Barbara Superior Court. 

 

Christine Sontag has withheld from the Santa Barbara Superior Court in Exhibit A ---Emails and letters from George C. Lazar showing the Santa Barbara Superior Court why it is important that Pacific Capital Bank Officers and Board Directors are copied with communication from George C. Lazar!  Please see attached email statement May 12, 2008 from George C. Lazar requesting to be Paid Attorney fees to Answer Pacific Capital Bank, banking questions!  This is seen in full in Exhibit # 4 withheld from the Santa Barbara Superior Court by SBBT in their exhibit #  A. 

 

“Deposit Required:

 

The requests you have made, and the delinquencies in the documentation, have resulted in the Bank incurring additional attorney's fees.  As a result, you are requested to forward to Pacific Capital Bank, c/o Ms. Sheffield, a check in the amount of $750.00 to cover anticipated attorney's fees incurred in responding to the requests for information.  Of course, this amount is only an estimate, and if the fees exceed the amount received, an additional deposit will be required.  Please forward the deposit as soon as possible so that the Bank can begin work on the research you have requested.”

 

Please see the December 30, 2010 George C. Lazar, email acknowledging a request of Pacific Capital Bank for an amortization schedule as Pacific Capital Bank has noted they have made mistakes on May 6, 2011.  Exhibit # 4 withheld by Santa Barbara Bank & Trust from the Santa Barbara Superior Court per their claim of harassment.  Mr. Lazar States: “Second, you asked for an amortization schedule.  As I indicated in my email of last week, I will provide information on your agreement that you will communicate only with me, rather than sending emails to a number of persons at Pacific Capital Bank.  As you have not made that agreement, I do not feel that any further response is necessary.”

 

Please see the January 4, 2011 email exhibit # 4 from George C. Lazar showing why it has been important for Pacific Capital Banks Board of Directors, and employees to be copied with communication from Mr. Lazar.  Mr. Lazar States for Pacific Capital Bancorp:  “As a result, I remain unwilling to provide you any information that the Bank is not required to provide you.  (An amortization schedule is not information the Bank is required to provide you.)”   Pacific Capital Bank has acknowledged May 6, 2011 that they have not properly amortized the PCB/SBBT loan!  This is Bank Fraud and a Breach of Contract.

 

Please see the January 10, 2011 email Exhibit # 4 from George C. Lazar showing Pacific Capital Banks officers statements.  On January 10, 2011, it should be noted that George C. Lazar still believed that Pacific Capital Bank had not made any mistakes.  Mr. Lazar States:  Pacific Capital Bank will review any proposal you have to cure the payment defaults on your loan and any other defaults that may exist.  If there happen to be any mistakes by Pacific Capital Bank – I have no knowledge of any mistakes, so this is hypothetical from my point of view – those could be addressed in any cure of the payment defaults. 

 

Please be advised that until such time as a written agreement is executed by an officer of the Bank, no discussion about resolving the current payment defaults (or any other matters) is binding on the Bank.  You are not entitled to rely on any proposal made by the Bank, or any discussion that may be had, until such time as there is a signed agreement. 

 

Please see the January 25, 2011 email from George C. Lazar in regards to his Attorney thoughts on Pacific Capital Bank Amortization Schedules.  Pacific Capital Bank and Diana Lee have since acknowledged that PCB has made Amortization Schedule mistakes since 2007.  Pacific Capital Bank States January 25, 2011:  With regard to your request for an amortization schedule, an amortization schedule is necessarily based upon assumptions, such as a static interest rate, and assumes strict performance by the borrower as required by the terms of the loan.  In the case of your loan, the significant defaults and the agreements that have been made not only make any previously-issued amortization not relevant to the loan’s current status, but they preclude a current amortization, since the defaults are continuing, additional charges are being incurred, and the time to maturity is decreasing”, Directors

 

 

1)       Items needed to be provided to the Santa Barbara Superior Court and myself; ---per # 4 in the Declaration of Diana Jessup Lee.  Pacific Capital Banks computerized amortization schedule instead of the one created by Diana Jessup Lee!  These two amortization schedules in Pacific Capital Banks exhibit # E shows the Santa Barbara Superior Court why it is important that Pacific Capital Bank Officers and Board Directors are copied with communication with Diana Jessup Lee’s refusal to provide information requested of Pacific Capital Bank!

 

2)       Items needed to be provided to the Santa Barbara Superior Court per exhibit # E Pacific Capital Banks accounting of the ( 17 monthly payments not paid Pacific Capital Bank per Diana Jessup Lees May 6, 2011 letter as this shows the Santa Barbara Superior Court why it is important that Pacific Capital Bank Officers and Board Directors are copied with communication with Diana Jessup Lees refusal to provide information requested of Pacific Capital Bank and Mrs. Lee!

 

3)       Items needed to be provided the Santa Barbara Superior Court and myself; ---per # 5 in the Declaration of Diana Jessup Lee answers to all questions asked of Diana Jessup Lee and Pacific Capital Banks Board of Directors per the email to Mr. Mark K. Olson and Mr. Nightingale on June 3, 2011!  This email shows the Santa Barbara Superior Court why it is important that Pacific Capital Bank employees and Directors are copied with communication with Diana Jessup Lee’s refusal to provide information requested of Pacific Capital Bank!

 

Diana Jessup Lee has redacted Emails from the Santa Barbara Superior Court per her May 31, 2011 email exhibit G, in her harassment claim, stating that her information in her May 6, 2011 letter is correct.  Diana Lee has copied her statements to the Santa Barbara District Attorney, Congresswoman Lois Capps, Senator Sam Blakeslee, Santa Barbara News Press the SBA Terrill K. Ashker and the San Diego SBA.  (See Email Below May 31, 2011)  Please see redacted May 3, 2011 email from Diana Lee.  “We are putting together the information we agreed to provide you, which hopefully will assist you in seeing that your assumptions are not correct.”

 

Exhibit # 15 is a full April 14, 2011 RESPA (Qualified Written Request Complaint) to Pacific Capital Bank for my personal residence and Oceano property that SBBT in Exhibit F does not provide the Court; the full document and questions asked.  Diana Jessup Lee after receiving an email May 27, 2011 per her May 25, 2011 letter claims that my questions asked of SBBT are answered as she states:  “Nevertheless, we believe we have previously answered all of your pertinent questions.” Unfortunately, Santa Barbara Bank & Trust—Pacific Capital Bank refusal to answer banking questions have made it necessary to inform the Office of the Comptroller of the Currency Case # 01394465---SBBT/PCB Bank Directors and Officers as seen in the June 2, 2011 email to Diana Lee below.

 

Santa Barbara Superior Court---Ch-110 item 11 Facts Case # 1381216. 

 

With the actions by Pacific Capital Bank with their redacting of information and falsifying banking records as recently as May 19, 2011, I am officially requesting for their harassment claim to be dismissed.  All communication now with Pacific Capital Bank will have to be handled through the SBA, Office of the Comptroller of the Currency and the California Court System.

 

Sincerely

 

 

Bill Bookout

Pismo Beach Surf Shop

Pismo Beach Dive Shop

 


From: Diana Lee [mailto:dlee@rppmh.com]
Sent: Friday, June 03, 2011 10:04 AM
To: Bill Bookout
Subject: RE: Bookout/PCB Mediation per thier Bank Fraud and Breach of Contract since 2007

 

Dear Mr. Bookout:

 

The questions you ask are answered with full explanations in my letters to you dated May 6 and 19, 2011.

 

Diana Jessup Lee, Esq.

Reicker, Pfau, Pyle & McRoy LLP

1421 State Street, Suite B

Santa Barbara, CA  93101

 

Tel:  805-966-2440

Fax:  805-966-3320

E-mail: dlee@rppmh.com

Website:  www.reickerpfau.com

------------------------------------------------------------------------------------

This e-mail may contain confidential and privileged material for the sole use of the intended recipient.  Any review or distribution by others is strictly prohibited.  If you are not the intended recipient, please contact the sender and delete this e-mail.

 


From: Bill Bookout [mailto:Pismobeachdiveshop@charter.net]
Sent: Thursday, June 02, 2011 11:49 AM
To: Diana Lee
Cc: avw@newspress.com; 'Ashker, Terrill K.'; lol@rsmediate.com; 'Congresswoman Lois Capps'; Senator.Blakeslee@senate.ca.gov; sbcountyda@co.santa-barbara.ca.us; sandiego@sba.gov; velie@calcoastnews.com; rmiller@newtimesslo.com; crigley@newtimesslo.com; 'LeSieur, Debbie'; rnightingale@dbntm.com; jmackall@seedmackall.com; Carlos.Mendoza@sba.gov; 'Manalli, John A.'; 'Pamela Brinks'; matt@christmankelley.com
Subject: RE: Bookout/PCB Mediation per thier Bank Fraud and Breach of Contract since 2007

June 2, 2011                   Office of the Comptroller of the Currency Case # 01394465

 

Diana Jessup Lee, Esq.

Reicker, Pfau, Pyle & McRoy LLP

1421 State Street, Suite B

Santa Barbara, CA  93101

 

Dear Mrs. Diana Jessup Lee,

 

Re: Pacific Capital Banks May 31, 2011 Statement:  “The information I provided you with my May 6, 2011 letter is correct and consistent with the pending NOD.”

 

Again, please answer the questions that have been asked of you and Pacific Capital Bancorp!  Pacific Capital Bancorp shows their theft of Principal in the May 19, 2011 NOD as accounted for by Fidelity National Title Company! “Per your request, here is a breakdown of the amount showing on the NOD which has recorded 5/19/2011. A copy is attached.  10 payments 10/2006 thru 07/2007 $45,171.20 -- 17 payments 01/2010 thru 05/2011 $65,853.51”

 

Does Pacific Capital Bank really believe that they can steal $45,171.20 from me in the NOD filed May 19, 2011?  Please provide the Pacific Capital Bank computerized documents to back this debt up if you can!  These computerized documents will be provided to the news media attached per your statements in your May 19, 2011 letter as seen at www.pacificcapitalbank.co !   Pacific Capital Bank actions are known to the Office of the Comptroller of the Currency Case # 01394465.  The OCC has been investigating Pacific Capital Banks actions since December 2010.

 

Does Pacific Capital Bank really feel that your statement May 31, 2011 is correct?  The information I provided you with my May 6, 2011 letter is correct and consistent with the pending NOD.”  Pacific Capital Bank knows that 17 payments of $3,873.73 totals $65,853.51?  Why would Pacific Capital Bancorp steal $247.33 per month from the Oceano Nursery SBA loan as now seen in Pacific Capital Banks, May 19, 2011 NOD?  Why does Pacific Capital Bank not account for this $247.33 in the May 19, 2011 NOD?  Diana Jessup Lee, How did you come up with an amortized payment of $4,055.30 on May 5, 2011 instead of $3,873.73 now claimed in the May 19, 2011 NOD?  Remember Pacific Capital Bancorp has been charging this SBA loan since the 2007 loan modification, $4,121.06 per month which now ads up to Grand Theft and Breach of Contract by Pacific Capital Bank!

 

Diana Jessup Lee, Why has Pacific Capital Bancorp stolen the 2007 loan modification mortgage payment money of $22,274.46 as seen in the Pacific Capital Banks May 5, 2011 Amortization Schedule and not applied any of this money to the principal per the 2007 Pacific Capital Bank loan modification?  Pacific Capital Bank shows this theft of $22,274.46 in the May 19, 2011 letter as this money was never applied to the signed 2007 forbearance and workout agreement!  

 

Sincerely

 

Bill Bookout

 

CC Santa Barbara News Press

CC San Luis Obispo New Times


From: Diana Lee [mailto:dlee@rppmh.com]
Sent: Tuesday, May 31, 2011 5:20 PM
To: Bill Bookout
Cc: avw@newspress.com; 'Ashker, Terrill K.'; lol@rsmediate.com; 'Congresswoman Lois Capps'; Senator.Blakeslee@senate.ca.gov; sbcountyda@co.santa-barbara.ca.us; sandiego@sba.gov; velie@calcoastnews.com
Subject: RE: Bookout/PCB Mediation

 

Dear Mr. Bookout,

 

As I have stated on a number of occasions, I have found no evidence of fraud in Pacific Capital Bank's handling of your loan nor in its handling of your many defaults on the loan and subsequent attempts to restructure your loan in an effort to help you cure your defaults.  The information I provided you with my May 6, 2011 letter is correct and consistent with the pending NOD.

 

If you would like to discuss ways to cure your default, please let me know your idea.

 

Diana Lee

+++++++++++++++++++++++++++++++++++++++++++++++++++++++++


From: Bill Bookout [mailto:Pismobeachdiveshop@charter.net]
Sent: Friday, June 03, 2011 4:25 PM
To: 'jmackall@seedmackall.com'
Cc: 'Diana Lee'; 'mark.olson@pcbancorp.com'; 'avw@newspress.com'; 'lol@rsmediate.com'; 'Senator.Blakeslee@senate.ca.gov'; 'sbcountyda@co.santa-barbara.ca.us'; 'sandiego@sba.gov'; 'velie@calcoastnews.com'; 'rmiller@newtimesslo.com'; 'crigley@newtimesslo.com'; 'rnightingale@dbntm.com'; 'Carlos.Mendoza@sba.gov'; 'matt@christmankelley.com'; 'John W. Belsher'; 'Pamela Brinks'; 'Manalli, John A.'; 'Ashker, Terrill K.'; 'Congresswoman Lois Capps'
Subject: RE: Bookout/PCB Mediation per thier Bank Fraud and Breach of Contract since 2007

 

 

June 3, 2011                                  Office of the Comptroller of the Currency Case # 01394465

 

Mark K. Olson---Chief Financial Officer      -- Nightingale, Richard A CPA - Damitz Brooks Nightingale

Pacific Capital Bancorp                            --200 E Carrillo St Ste 202

Santa Barbara Bank & Trust                    -- Santa Barbara, CA 93101
1021 Anacapa St                                    --(805) 963-1837

Santa Barbara, CA 93101                 

Dear Mr. Mark K. Olson and Mr. Nightingale,

 

Re: Diana Lee (155191), Esq. of Reicker, Pfau, Pyle & McRoy LLP June 3, 2011 email explanation in regards to questions asked of Pacific Capital Bank!  Diana Lee states for Pacific Capital Bank:  The questions you ask are answered with full explanations in my letters to you dated May 6 and 19, 2011.”  Unfortunately Diana Jessup Lees response are unacceptable and she has not answered the questions asked of Pacific Capital Bank!  Is this how Pacific Capital Bank handles all of their Loans?

 

The Accounting from the June 23, 2007 First Bank of San Luis Obispo payment notice showed a balance of $452,024.05 on July 6, 2007 after the payment on July 6, 2007 of $22,274.46.  With the Pacific Capital Bank NOD on January 25, 2011 as seen below the July 6, 2007 loan modification should have been amortized at $414,222.96 and monthly payments of $3,609.41!  Why did Pacific Capital Bank charge the Oceano Nursery SBA loan $4,121.06 per month since 2007?  The actual Balance as of December 6, 2010 would have been $344,415.68 with differed payments of $37,801.09 or $32,012.65 as Pacific Capital Bank documents show!  Pacific Capital Bank has acknowledged May 19, 2011 that they believe the monthly payments should have been $3,873.73 per the May 19, 2011 NOD!

 

Please explain how Pacific Capital Bank on May 5, 2011 came up with a SBA loan debt of $465,195.50 or $462,069.51 with monthly mortgage payments of $4,055.30 or $4,028.05 per month instead of the monthly payment of $4,121.06 charged by PCB since July 2007?  This amortization Schedule prepared by Diana Lee is different then the $3,873.73 per month NOD filed by Pacific Capital Bank on May 19, 2011?   This is Bank Fraud and Breach of Contract as now seen in Diana Lees May 3, 2011 email!

 

1)       The Pacific Capital Bank/SBA total loan debt on June 30, 2007 should have been $452,024.05 per the June 23, 2007 First Bank of San Luis Obispo monthly statement!  How did Pacific Capital Bank on May 5, 2011 come up with $462,069.51 per amortization schedule 2 and $465,195.50 per amortization schedule # 1 that Diana Lees states on May 3, 2011 The questions you ask are answered with full explanations in my letters to you dated May 6 and 19, 2011.”

 

2)      Mark K. Olson, How did Pacific Capital Bank in the May 5, 2011 Amortization Schedule come to 10 deferred payments of $4,517.12 or $45,171.20 when the January 9, 2007 demand letter written by Heidi Dugan showed payments owed of $4,391.08 for October 2006--$4,246.38 for November 2006—4,053.66 for December 2006 and $3,813.90 for January 6, 2007?  The PCB payment notice of 3,529.24 for the February 6, 2007 payment.  The PCB payment notice February 21, 2007 of $3,201.82 March 24, 2007 of $2,832.93 May 23, 2007 for May 6, 2007 of $2,428.61 and the June 6, 2007 payment of 1,990.57 along with the June 23, 2007 First Bank of San Luis Obispo June 23, 2007 invoice for July 6, 2007 payment of $1,524.46 which adds up to $32,012.65 instead of $45,171.20?  The NOD filed January 14, 2007 by Pacific Capital Bank claimed 10 Deferred payments from 10/2006 - 7/2007 of $37,801.09 instead of $45,171.20! showing more Pacific Capital Bank Fraud Accounting!

 

3)       Mark K. Olson, How has Pacific Capital Bank in the May 5, 2011 amortization schedule  # 2 reduced the SBA loan payments of $22,274.46 per the June 30, 2007 Forbearance and workout agreement only by $3,125.99 as seen in the “Cash Flow Data” Balance after 5 payments---$416,898.31?  Why does Diana Lee believe that in her May 19, 2011 letter that schedule 1 prepared by her on May 5, 2011 accounts for the principal in this SBA loan when it has not been applied to reduce the 2007 five payments per the Pacific Capital Bank loan modification?

 

4)      Diana Lee in her May 6, 2011 letter states: “As you know, a schedule showing anticipated payments and application of those anticipated payments was not requested or prepared at the time you entered into the Forbearance Agreement effective June 30, 2007.”  Pacific Capital Bank should be responsible for their customer accounting actions and not the customers!  Having in July 2007 finding accounting problems with First Bank Of San Luis Obispo—Pacific Capital Bank and bringing these problems to PCB’ attention; PCB stated in a letter August 1, 2007   “The proper Bank officials will look into the computerized records and determine if there are any problems.”  It is unfortunate that this PCB---SBA loan was never properly looked into and amortized properly in 2007.  How did PCB come up with the SBA loan payment of $4,121.06 instead of $3,659.96?  Why is Diana Jessup Lee, threatening me with foreclosure with Pacific Capital Banks admitted Breach of Contract and Mortgage Modification Fraud since June 30, 2007 in her May 6, 2011 letter?

 

5)      Mark K. Olson, Again, please answer the questions that have been asked of Pacific Capital Bancorp!  Pacific Capital Bancorp shows their theft of Principal and Breach Of Contract, in the May 19, 2011 NOD as accounted for by Fidelity National Title Company! “Per your request, here is a breakdown of the amount showing on the NOD which has recorded 5/19/2011. A copy is attached.  10 payments 10/2006 thru 07/2007 $45,171.20 -- 17 payments 01/2010 thru 05/2011 $65,853.51” Heidi Dugan of Pacific Capital Bank had showed payments owed PCB of $4,391.08 for October 2006--$4,246.38 for November 2006—4,053.66 for December 2006 and $3,813.90 for January 6, 2007!  Please provide the Pacific Capital Banks computerized records to back up Diana Lees claims per her May 19, 2011 letter as she States May 3, 2011 The questions you ask are answered with full explanations in my letters to you dated May 6 and 19, 2011.” 

 

6)      Mark K. Olson, Does Pacific Capital Bank really believe that they can steal $45,171.20 from me in the NOD filed May 19, 2011?  Please provide the Pacific Capital Bank computerized documents to back this debt up if you can!  These computerized documents will be provided to the news media attached per Diana Lee’s statements in your May 19, 2011 letter as seen at www.pacificcapitalbank.co !   Pacific Capital Bank actions are known to the Office of the Comptroller of the Currency Case # 01394465.  The OCC has been investigating Pacific Capital Banks actions since December 2010.

 

7)      Does Pacific Capital Bank really feel that Diana Lee’s statement May 31, 2011 is correct?  The information I provided you with my May 6, 2011 letter is correct and consistent with the pending NOD.”  Pacific Capital Bank knows that 17 payments of $3,873.73 totals $65,853.51?  Why would Pacific Capital Bancorp steal $247.33 per month from the Oceano Nursery SBA loan as now seen in Pacific Capital Banks, May 19, 2011 NOD?  Why does Pacific Capital Bank not account for this $247.33 in the May 19, 2011 NOD?  How did Diana Jessup Lee, come up with an amortized payment of $4,055.30 on May 5, 2011 instead of $3,873.73 now claimed in the Pacific Capital Bank May 19, 2011 NOD?  Remember Pacific Capital Bancorp has been charging this SBA loan since the 2007 loan modification, $4,121.06 per month which now ads up to Grand Theft and Breach of Contract by Pacific Capital Bank!  How is Pacific Capital Bank going to handle this Mortgage Modification Fraud and Breach of Contract?

 

8)      Mark K. Olson, Diana Lee States: May 31, 2011 to the SBA, Congresswoman Lois Capps, Senator Sam Blakeslee, the Santa Barbara District Attorney and local News Media!  “I have found no evidence of fraud in Pacific Capital Bank's handling of your loan nor in its handling of your many defaults on the loan and subsequent attempts to restructure your loan in an effort to help you cure your defaults.  The information I provided you with my May 6, 2011 letter is correct and consistent with the pending NOD.” Please see that Pacific Capital Bank answers all of the questions above that are copied to the SBA, Congresswoman Lois Capps, Senator Sam Blakeslee, the Santa Barbara District Attorney and local news media!  

================================================

From: Diana Lee [mailto:dlee@rppmh.com]
Sent: Tuesday, May 31, 2011 5:20 PM
To: Bill Bookout
Cc: avw@newspress.com; 'Ashker, Terrill K.'; lol@rsmediate.com; 'Congresswoman Lois Capps'; Senator.Blakeslee@senate.ca.gov; sbcountyda@co.santa-barbara.ca.us; sandiego@sba.gov; velie@calcoastnews.com
Subject: RE: Bookout/PCB Mediation

 

Dear Mr. Bookout,

 

As I have stated on a number of occasions, I have found no evidence of fraud in Pacific Capital Bank's handling of your loan nor in its handling of your many defaults on the loan and subsequent attempts to restructure your loan in an effort to help you cure your defaults.  The information I provided you with my May 6, 2011 letter is correct and consistent with the pending NOD.

 

If you would like to discuss ways to cure your default, please let me know your idea.

 

Diana Lee

================================================

 

Mark K. Olson, It is unfortunate that Pacific Capital Bank would want to charge Attorney fees to answer accounting questions of Pacific Capital Bank and that Diana Lee would ignore this fact as Pacific Capital Bank stated May 12, 2008, in regards to asking accounting questions of Pacific Capital Bank!  “The requests you have made, and the delinquencies in the documentation, have resulted in the Bank incurring additional attorney's fees.  As a result, you are requested to forward to Pacific Capital Bank, c/o Ms. Sheffield, a check in the amount of $750.00 to cover anticipated attorney's fees incurred in responding to the requests for information.  Of course, this amount is only an estimate, and if the fees exceed the amount received, an additional deposit will be required. Please forward the deposit as soon as possible so that the Bank can begin work on the research you have requested.”

 

In prior attempts to obtain a proper accounting; Pacific Capital Bank has stated December 30, 2010  "Second, you asked for an amortization schedule.  As I indicated in my email of last week, I will provide information on your agreement that you will communicate only with me, rather than sending emails to a number of persons at Pacific Capital Bank.  As you have not made that agreement, I do not feel that any further response is necessary.  I believe that the request that you communicate with me is reasonable and necessary, and we will insist on that condition.  (In the event that you do agree to this request, please let me know exactly what you mean by an "amortization schedule".) Is this how Pacific Capital Bank treats all of their customers who ask for an accounting of their loans?

 

Pacific Capital Bank has stated January 4, 2011 affecting all PCB Banking, Customers!  "I will, of course, respond to any written communications.  However, as I have previously advised you, I will not be providing any substantive responses until such time as you agree, in writing, that you will communicate exclusively with me for the purpose of communicating to Pacific Capital Bank regarding your loan.  You have persisted in your efforts to involve other Bank employees in this matter.  As a result, I remain unwilling to provide you any information that the Bank is not required to provide you.  (An amortization schedule is not information the Bank is required to provide you.)  If there is anything further at this time, please let me know, in writing."

 

Pacific Capital Bank has stated March 4, 2011 showing PCB Loan Accounting Fraud and Breach Of Contract with the May 6, 2011 Amortization Schedule prepared just two months later by Pacific Capital Bancorp!  “In light of your claims, we have reexamined the computation of the amount owing under the terms of the promissory note you executed.  (As you will recall, by virtue of the fact of the default under the forbearance, the note terms were reinstated.)  In fact, it turns out that the notice of default understates the amount that was due at the time of the recording of the notice of the default.  The amount owing was $97,369.07, not the $96,434.82 set forth in the NOD.”

 

Mark K. Olson, Why has it taken Pacific Capital Bank from July 2007 to May 6, 2011 to acknowledge the Loan Modification Fraud and Breach of Contract committed by Pacific Capital Bancorp since 2007?  Pacific Capital Bank stated August 1, 2007   “The proper Bank officials will look into the computerized records and determine if there are any problems.”

 

Mr. Mark K. Olson, it is unfortunate that Pacific Capital Banks actions since 2007 are now made public and known to the SBA, Congresswoman Lois Capps, Senator Sam Blakeslee, the Santa Barbara District Attorney and local News Media, however Pacific Capital Bank is going to have to stop hiding behind their Attorneys for their Mortgage Modification Fraud, Breach of Contract and the of the Oceano Nursery SBA loan principal theft since 2007! 

 

Mr. Olson and Pacific Capital Bank---- Again, please answer the questions asked of Pacific Capital Bank Yourself and all Pacific Capital Bank Board Directors!  Diana Lee is not competent to answer the questions of Pacific Capital Bank as seen at www.pacificcapitalbnak.co and www.santabarbarabankandtrust.co

 

Sincerely

 

Bill Bookout

 

CC

John Walsh, Office of Comptroller of the Currency Administrator of National Banks Case # 01394465

1301 McKinney Street, Suite 3450,

Houston, Texas 77010-9050

 

Attorney General Kamala D. Harris

California Department of Justice

P. O. Box 944255

Sacramento, Ca 94244-2550

·                                

FDIC Consumer Response Center
1100 Walnut Street, Box #11
Kansas City, MO 64106

 


From: George C. Lazar [mailto:GLazar@foxjohns.com]
Sent: Tuesday, January 25, 2011 2:00 PM
To: Bill Bookout
Subject: Pacific Capital Bank

 

Mr. Bookout:

With regard to your request for an itemization of the amounts which comprise the delinquency amount set forth in the notices of default recently recorded, the amount is calculated as follows:

UNPAID PAYMENTS

10 Deferred 10/2006 - 7/2007                            $37,801.09

Jan-Dec 2010                                            $49,452.72

                                  Total:                                $87,253.81

Late charges to 11/16/10                                $4,858.96

Appraisal Fees                                          $4,050.00

Legal Fees                                              $50.00

UCC Search Fees                                         $15.50

                Amount shown on NOD                             $96,228.27     

With regard to the questions you have been propounding which you chose to resolve through complaint to the OCC, this email will advise you that Pacific Capital Bank has responded to the OCC within their prescribed timeframes, and we assume they will follow up with you based upon that response.  Any issues you have with the Bank’s response to the OCC, or with the OCC’s response, should be taken up with the OCC.

With regard to your request for an amortization schedule, an amortization schedule is necessarily based upon assumptions, such as a static interest rate, and assumes strict performance by the borrower as required by the terms of the loan.  In the case of your loan, the significant defaults and the agreements that have been made not only make any previously-issued amortization not relevant to the loan’s current status, but they preclude a current amortization, since the defaults are continuing, additional charges are being incurred, and the time to maturity is decreasing,

among other things.  Should the loan be put in a performing status, we could address amortization schedule issues at that time.

Finally, you continue to state that Pacific Capital Bank is required to respond to you in a time period you specify and that if there is no response, you are entitled to assume that a statement you have made is accurate or otherwise has been validated by Pacific Capital Bank.  Again, I reiterate that Pacific Capital Bank’s lack of a response to a communication from you within any time period specified by you is not an admission by the Bank that any statement you have made is accurate or is adopted by the Bank.  And, if you were ever to claim to any third party that Pacific Capital Bank’s failure to respond to a communication from you was an admission of some kind by the Bank, that claim would be knowingly false on your part and could be, depending on the circumstances, libelous, a matter the Bank takes very seriously. 

As before, I remain your contact point for questions directed to Pacific Capital Bank.  Please note the amount required to cure your loan default has increased since the amounts provided in the Notice of Default.  Should you be interested in curing the default, please advise

George C. Lazar
FOX JOHNS LAZAR PEKIN & WEXLER, APC
525 B Street, Suite 1500
San Diego, California 92101-4417
Tel:             619.595.7187

Toll Free:     877.272.3734
Mobile:        619.823.7375

Fax:            877.227.0150
email:          glazar@foxjohns.com

THIS EMAIL IS INTENDED FOR THE DESIGNATED RECIPIENT(S) ONLY AND MAY CONTAIN CONFIDENTIAL MATERIAL, INCLUDING ATTORNEY-CLIENT COMMUNICATIONS. IF YOU RECEIVE THIS EMAIL IN ERROR, PLEASE NOTIFY ME BY RETURN EMAIL AND DELETE THIS EMAIL TOGETHER WITH ANY ATTACHMENTS.

 

 



From: Bill Bookout [mailto:Pismobeachdiveshop@charter.net]
Sent: Monday, December 10, 2012 12:09 PM
To: 'thomas.taggart@unionbank.com'; 'Masashi.Oka@unionbank.com'
Cc: 'daniel.weidman@unionbank.com'; 'Richard Rossi'; 'Chris Gautschi'; 'Mendoza, Carlos G.'; 'Ashker, Terrill K.'; 'Bob Johnston'; 'dvallely@co.slo.ca.us'; 'Mazzoni, Sandra E. (Off. Inspector Gen.)'; 'Kaplan, Adam D.(Off. Inspector Gen.)'; 'Overson, Kari A. (Off. Inspector Gen.)'; 'Robert Forouzandeh'; 'sbcountyda@co.santa-barbara.ca.us'; 'ombudsman@fdic.gov'; 'SBA National Ombudsman'; 'OIGHotline@sba.gov'; 'legal@fdic.gov'
Subject: FW: Santa Barbara Bank & Trust SBA Loan Fraud

 

December 10, 2012

 

Union Bank President & Chief Executive Officer---Masashi Oka

Thomas Taggart

Daniel Weildman

 

Dear Mr. Masashi Oka, Thomas Taggart, Daniel Weildman  

 

The questions asked below of Santa Barbara Bank & Trust now need to be answered by Union Bank.  I am requesting that my online banking be reinstated.  Please provide a monthly mortgage statement for December 2012.  SBBT/Union Bank has yet to provide a mortgage statement as requested!

 

Please have Union Bank explain as to why Santa Barbara Bank & Trust has claimed in their March 30, 2012 Declaration to Judge Robin L. Riblet; Attorney fees of $57,676.17

 

Please have Union Bank account for the Attorney fees charged of $57,676.17 by Reicker, Pfau, Pyle & McRoy LLP?

 

Please have Union Bank provide an itemized accounting of Reicker, Pfau, Pyle & McRoy LLP Attorney fees charged against the Oceano Nursery SBA PLP loan from the start of these Attorney Fees?

 

Please have Union Bank explain how SBBT/Union Bank can pay attorney fees out of SBA PLP loan money, before the SBA PLP loan is paid back?

 

Please have Union Bank explain Karen L. Grants response to Judge Robin L. Riblet on P. 6 of her signed March 29, 2012 response to Debtors Objection? 

 

Please have Union Bank provide a full Proof of Claim by Santa Barbara Bank & Trust going back to 2003 with the SBBT Bankruptcy changes made during Bankruptcy! 

 

Please explain as to how Union Bank/Santa Barbara Bank & Trust applied the 2007 five payments of $22,274.46 to pay off the principal and interest for five of the 15 payments that the debtor had missed; as seen in the SBBT September 7, 2011 email below?

 

Union Bank.  Karen L. Grant falsified information to Judge Robin L. Riblet in her signed March 29, 2012 SBA PLP loan accounting P. 2!  Please explain how the five payments totaling $22,274.46 was applied towards principal as claimed by Karen L. Grant? 

 

Union Bank.  Diana Jessup Lee of Reicker, Pfau, Pyle & McRoy LLP in her SBBT May 6, 2011 Amortization schedules and her May 19, 2011 SBBT letter does not apply any of the five payments totaling $22,274.46 to principal as claimed by Karen L. Grant to Judge Robin L. Riblet.  Again please provide an accounting for five payments totaling $22,274.46 to principal as claimed by Santa Barbara Bank & Trust!

 

Union Bank.  In the remaining ten payments totaling $45,171.20 as claimed by Karen L. Grant to Judge Robin L. Riblet on P. 2.   Please immediately provide an accounting of how this money was deferred and amortized?  Please explain as to how Santa Barbara Bank & Trust has a legal right to charge interest on principal per the SBBT claimed $45,171.20 owed in the May 19, 2011 NOD?

 

Union Bank.  Please immediately provide an accounting for Karen L. Grants claim on P. 2 that the SBA loans interest rate was modified to 6%? Please show an accounting of how Santa Barbara Bank & Trust came to a monthly payment of $4,121.06 per month, against the $4,055.30 claimed by Diana Jessup Lee in her May 19, 2011 Accounting letter and her May 6, 2011 Amortization schedules?  Please show in detail as to what Santa Barbara Bank & Trust has done with these payments overcharged!

 

Union Bank.  Please explain as to why Santa Barbara Bank & Trust would file a fraudulent NOD on May 19, 2011 in the SBBT claim of $45,171.20 owed in deferred payments?  Explain why SBBT did not amortize the Oceano Nursery SBA loan from $420,024.30 in 2007 with the May 19, 2011 claimed deferred amount of $45,171.20 owed?

 

Union Bank.  Please explain Karen L. Grants response to Judge Robin L. Riblet on P. 6 of her signed March 29, 2012 response to Debtors Objection?  Explain why Attorney fees of $58,700.00 are due for asking banking questions of Santa Barbara Bank & Trust; for SBBT improperly amortizing a SBA PLP loan since 2007 and then filing a fraudulent NOD on May 19, 2011, claiming $45,171.20 owed in deferred payments?  Union Bank.  Explain per P. 6 as to how a debtors, conduct for asking for an accounting of a SBA loan; costs $58,700.00?  The Creditors of Pismo Beach Surf Shop; should have been paid with this money!

 

Union Bank.  Explain and show in Union Bank documents as to how Santa Barbara Bank & Trust feels a legal right to charge 10% of $265,000.00 as a standard Santa Barbara Bank & Trust foreclosure fee?  Please see P. 7 of Karen L. Grants response of her signed March 29, 2012 response to Debtors Objection?  With the $26,500.00 charged by SBBT as seen in Exhibit A-22 as presented to the United States Bankruptcy Court.  Please show how this is legal with the Oceano Nursery SBA PLP Loan?

 

Union Bank.  Property taxes of $9,274.00 are acceptable and legal as taken out of the appraised $265,000.00 by Santa Barbara Bank & Trust in the Exhibit A- 22 as presented to Judge Robin L. Riblet.

 

Union Bank.  Please provide an accounting and receipts of the $39,750.00 charged by Santa Barbara Bank & Trust per P. 7 of Karen L. Grants response of her signed March 29, 2012 response to Debtors Objection?  How is this charge against a SBA PLP loan legal?  Union Bank.  Please immediately provide a copy of the two most recent Oceano Nursery SBA loan appraisals!  I am also requesting a copy of the most recent (Inventory Opinion Letter) as the last one I have is dated June 28, 2007! 

 

Union Bank.  Santa Barbara Bank & Trust Vice President, Doug Lutz in his Declaration to Judge Robin L. Riblet on P. 11 claims that SBBT applied the $22,274.46 “to pay off the principal and interest for five of the 15 payments that the debtor had missed.”  Please show how this principal was applied as claimed by Vice President Doug Lutz of Santa Barbara Bank & Trust?  Explain how SBBT Vice President Doug Lutz accounts for the $45,171.20 unpaid principal/interest being amortized into the SBA loan on P. 12?  Union Bank.  Why would Santa Barbara Bank & Trust amortize unpaid principal and then charge interest on unpaid principal as seen in SBBT Vice President, Doug Lutz statements to Judge Robin L. Riblet on P. 12 of his Declaration?

 

Union Bank.  Santa Barbara Bank & Trust Vice President, Doug Lutz, claims on P. 13 to Judge Robin L. Riblet, that the principal balance of the SBA “loan has at all material times been in excess of $400,000.”  Please provide any and all documents that Santa Barbara Bank & Trust has to back this up with the SBBT May 19, 2011 NOD claim of $45,171.20 owed in deferred payments!  Please provide an accounting per SBBT Vice President, Doug Lutz P. 15 Attorney fees of $58,700.00 and $8,953.68!  Please explain why a SBA loan debtor is not allowed to ask banking Questions as Doug Lutz states:  “The amount of these fees and costs incurred by SBBT were largely due to Debtor’s own conduct and the necessity to employ counsel to directly communicate with the Debtor regarding any loan issues in accordance with the terms of the restraining order.”  Again please explain why Diana Jessup Lee’s May 19, 2011 Accounting letter and her May 6, 2011 amortization schedules shows Santa Barbara Bank & Trust not properly amortizing the Oceano Nursery SBA PLP Loan?

 

Union Bank.  Please provide an accounting of the Oceano Nursery inventory sold by Santa Barbara Bank & Trust since SBBT foreclosed on the Oceano Nursery property!  The June 28, 2007 SBBT (Inventory Opinion Letter) showed a retail inventory of $450,000.00!  Please provide the 2012 SBBT (Inventory Opinion Letter) as well! 

 

Union Bank.  Explain as to why Santa Barbara Bank & Trust has refused to refinance the Oceano Nursery SBA loan as seen in the February 1, 2011 Santa Barbara Bank & Trust email and provided at mediation?

 

Union Bank.  Please explain, how Santa Barbara Bank & Trust changed; there prior October and November 2012 principal balance of $390,996.91 up to $400,962.89 during bankruptcy in front of Judge Robin L. Riblet?  Union Bank. Please provide an accounting, back to the beginning of the Oceano SBA PLP Loan with SBBT adding $9,965.89 to the Oceano Nursery SBA PLP loan during Bankruptcy in front of Judge Robin L. Riblet and Elizabeth F. Rojas Chapter 13 Trustee!  Please review the prior online SBBT accounting below!

Date

Description

Category

Debit

Credit

Balance

11/4/2011

EFF 11/03/2011

 

 

$4,121.06

$390,996.91

10/11/2011

Regular Payment

 

 

$4,121.06

$390,996.91

9/16/2011

Automatic

 

$206.05

 

$390,996.91

8/30/2011

Review Fee

 

$650.00

 

$390,996.91

8/30/2011

Commercial Appraisal Fee

 

$4,000.00

 

$390,996.91

 

Again, I am requesting that my online Union Bank/SBBT banking be reinstated.  Please provide a monthly mortgage statement for December 2012.  SBBT/Union Bank has yet to provide a mortgage statement as requested!

 

Sincerely

 

Bill Bookout

Pismo Beach Surf Shop

 

CC Masashi Oka--Union Bank

CC Thomas Taggart-Union Bank

CC Daniel Weidman-Union Bank

CC Chris Gautschi

CC Richard Rossi

CC Judge Robin L. Riblet

CC Elizabeth F. Rojas Chapter 13 Trustee

CC California State Bar

 


From: Robert Forouzandeh [mailto:rforouzandeh@rppmh.com]
Sent: Thursday, November 29, 2012 10:05 AM
To: Bill Bookout
Cc: thomas.taggart@unionbank.com; daniel.weidman@unionbank.com; 'Richard Rossi'; 'Chris Gautschi'; 'Mendoza, Carlos G.'; 'Ashker, Terrill K.'; 'Bob Johnston'; dvallely@co.slo.ca.us; 'Mazzoni, Sandra E. (Off. Inspector Gen.)'; 'Kaplan, Adam D.(Off. Inspector Gen.)'; 'Overson, Kari A. (Off. Inspector Gen.)'; sbcountyda@co.santa-barbara.ca.us
Subject: RE: Santa Barbara Bank & Trust SBA Loan Fraud

 

Mr. Bookout,

 

I submitted your monthly bank statement to your attorney Mr. Gautschi on November 27, 2012.  Please contact him to get a copy.

 

As to all other aspects of your email below, since you are represented by an attorney, please have your attorney contact me to discuss any of the issues or concerns that you may have about your bankruptcy petition or your loan with Santa Barbara Bank and Trust.

 

Robert B. Forouzandeh

Attorney at Law

Reicker, Pfau, Pyle & McRoy LLP

1421 State Street, Suite B

Santa Barbara, CA  93101

 

Tel:  805-966-2440

Fax:  805-966-3320

E-mail: rforouzandeh@rppmh.com

Website:  www.reickerpfau.com

------------------------------------------------------------------------------------

This e-mail may contain confidential and privileged material for the sole use of the intended recipient.  Any review or distribution by others is strictly prohibited.  If you are not the intended recipient, please contact the sender and delete this e-mail.

 

 

From: Bill Bookout [mailto:Pismobeachdiveshop@charter.net]
Sent: Thursday, November 29, 2012 9:55 AM
To: Robert Forouzandeh
Cc: thomas.taggart@unionbank.com; daniel.weidman@unionbank.com; 'Richard Rossi'; 'Chris Gautschi'; 'Mendoza, Carlos G.'; 'Ashker, Terrill K.'; 'Bob Johnston'; dvallely@co.slo.ca.us; 'Mazzoni, Sandra E. (Off. Inspector Gen.)'; 'Kaplan, Adam D.(Off. Inspector Gen.)'; 'Overson, Kari A. (Off. Inspector Gen.)'; sbcountyda@co.santa-barbara.ca.us
Subject: Santa Barbara Bank & Trust SBA Loan Fraud

 

November 29, 2012

 

Robert B. Forouzandeh California State Bar # 247177,

Attorney at Law

Reicker, Pfau, Pyle & McRoy LLP

1421 State Street, Suite B

Santa Barbara, CA  93101

Tel:  805-966-2440

 

Dear Mr. Robert B. Forouzandeh,

 

In response to your November 27, 2012 email:  “pursuant to the California Rules of Professional Conduct I am only permitted to discuss issues related to your bankruptcy petition with your counsel of record.” Robert Forouzandeh, from your prior communication, this has not been the case!  Robert B. Forouzandeh, I have attached your December 14, 2011 email.  The “online banking feature” as you have acknowledged on December 14, 2011, does not account for the Attorney fees charged of $57,676.17 Please have Santa Barbara Bank & Trust explain Karen L. Grants response to Judge Robin L. Riblet on P. 6 of her signed March 29, 2012 response to Debtors Objection? 

 

Robert Forouzandeh, Attached is your September 7, 2011 email prior to the changes made in front of Judge Robin L. Riblet.  Please provide a full Proof of Claim by Santa Barbara Bank & Trust going back to 2003 with the SBBT Bankruptcy changes!  In your September 7, 2011 email; please explain as to how Santa Barbara Bank & Trust applied the $22,274.46 to pay off the principal and interest for five of the 15 payments that the debtor had missed?

 

Robert Forouzandeh, Attached below is the Santa Barbara Bank & Trust “online banking feature” accounting of the 2007 forbearance and workout agreement as provided by Santa Barbara Bank & Trust.  Robert B. Forouzandeh, Please provide a full itemized accounting for the SBBT loan changes made during bankruptcy in front of Judge Robin L. Riblet!  I am again asking for a copy of the December 2012 loan statement as requested of you!

 

Robert Forouzandeh; Again please provide a full itemized accounting of the $57,676.17 charged in Attorney fees as seen in your February 27, 2012 email attached above!  At no time up to November 4, 2011 has Santa Barbara Bank & Trust accounted for any of the Attorney fees presented to Judge Robin L. Riblet in the (Declaration of Douglas Lutz.) 

 

Robert Forouzandeh; Again answer the questions asked of Santa Barbara Bank & Trust through you; below on November 27, 2012! The United States Small Business Administration has stated on November 1, 2012.  Please be reminded once again that your lender is Santa Barbara Bank and Trust, not the Small Business Administration. You must direct all questions concerning your loan only to your lender.”

 

Sincerely

 

Bill Bookout

Pismo Beach Surf Shop

 

CC Thomas Taggart-Union Bank

CC Daniel Weidman-Union Bank

CC Chris Gautschi

CC Richard Rossi

CC Judge Robin L. Riblet

CC Elizabeth F. Rojas Chapter 13 Trustee

CC Masashi Oka--Union Bank

CC California State Bar


From: Robert Forouzandeh [mailto:rforouzandeh@rppmh.com]
Sent: Wednesday, December 14, 2011 12:00 PM
To: Bill Bookout
Cc: Diana Lee; Richard Rossi; sanschromo@yahoo.com
Subject: RE: Santa Barbara Bank & Trust Loan Fraud and Breach of Contract SBA PLP Loan # 664-196-4009 Office of Inspector General

 

Mr. Bookout:

 

The online banking feature for your account was removed because as I have stated to you before, the online calculation is unable to take into consideration the fact that the Forbearance Agreement has now been rescinded and the loan has been recalculated using the original note terms.  You continue to misuse the outdated online information in an effort to create misleading evidence to support your fabricated theories.  The correct information has been repeatedly provided and explained to you. 

 

Robert B. Forouzandeh

Attorney at Law

Reicker, Pfau, Pyle & McRoy LLP

1421 State Street, Suite B

Santa Barbara, CA  93101

 

Tel:  805-966-2440

Fax:  805-966-3320

E-mail: rforouzandeh@rppmh.com

Website:  www.reickerpfau.com

------------------------------------------------------------------------------------

This e-mail may contain confidential and privileged material for the sole use of the intended recipient.  Any review or distribution by others is strictly prohibited.  If you are not the intended recipient, please contact the sender and delete this e-mail.


From: Robert Forouzandeh [mailto:rforouzandeh@rppmh.com]
Sent: Wednesday, September 07, 2011 9:36 AM
To: Bill Bookout
Subject: RE: Santa Barbara Bank & Trust Theft of Principal, Breach of Contract and Mortgage Modification Fraud.

 

Mr. Bookout:

 

Although Ms. Lee and I have answered this question repeatedly and the amortization schedules that we provided to you in May speak for themselves, I will answer this question one last time in the hopes of providing you with clarity once and for all.

 

As you will see at the top of Amortization Schedule 1, it clearly shows that $22,274.46 was reduced from the outstanding balance of principal and interest due on the loan at the time of the forbearance agreement.  This is why the $22,274.46 is placed inside of parenthesis ($22,274.46) on the Amortization Schedule.  The fact that it is in parenthesis shows that it was reduced from the outstanding balance of principal and interest owed on the loan at that time.  Similarly, at the top of Amortization Schedule 2, it shows that your Principal Balance "after 5 payments" was $416,898.31.  The "5 payments" refers to the $22,274.46.  Thus, the $22,274.46 was reduced from the principal and interest on the loan (the outstanding balance) prior to the loan being re-amortized pursuant to the Forbearance Agreement.

 

I trust that this explanation will answer your questions about the manner in which the $22,274.46 was credited towards your account.

 

As to the alleged comments from the OCC:  You continue to ignore our request that you provide us with copies of the OCC letters dated July 16, 2008, June 30, 2011 and August 2, 2011 which you continually refer to.  I am unable to comment on those letters until you send them to me.

 

Additionally, I have reviewed your two newest correspondences and my position remains the same:  After reviewing all of your emails and correspondences, I have not found a single piece of evidence which would even imply any acts of "Predatory Lending, Breach of Contract and Fraud" on the part of Santa Barbara Bank & Trust.

 

Robert B. Forouzandeh

Attorney at Law

Reicker, Pfau, Pyle & McRoy LLP

1421 State Street, Suite B

Santa Barbara, CA  93101

 

Tel:  805-966-2440

Fax:  805-966-3320

E-mail: rforouzandeh@rppmh.com

Website:  www.reickerpfau.com

------------------------------------------------------------------------------------

This e-mail may contain confidential and privileged material for the sole use of the intended recipient.  Any review or distribution by others is strictly prohibited.  If you are not the intended recipient, please contact the sender and delete this e-mail.

 


 

Date

Description

Category

Debit

Credit

Balance

11/4/2011

EFF 11/03/2011

 

 

$4,121.06

$390,996.91

10/11/2011

Regular Payment

 

 

$4,121.06

$390,996.91

9/16/2011

Automatic

 

$206.05

 

$390,996.91

8/30/2011

Review Fee

 

$650.00

 

$390,996.91

8/30/2011

Commercial Appraisal Fee

 

$4,000.00

 

$390,996.91

8/30/2011

Review fee

 

$650.00

 

$390,996.91

8/30/2011

Commercial Appraisal

 

$3,500.00

 

$390,996.91

8/16/2011

Automatic

 

$206.05

 

$390,996.91

7/18/2011

Automatic

 

$206.05

 

$390,996.91

6/23/2011

Legal Fee

 

$25.00

 

$390,996.91

6/16/2011

Automatic

 

$206.05

 

$390,996.91

5/24/2011

Legal Fee

 

$575.00

 

$390,996.91

5/16/2011

Automatic

 

$206.05

 

$390,996.91

4/18/2011

Automatic

 

$206.05

 

$390,996.91

4/8/2011

EFF 03/23/2011 Legal Fee Inv #30117

 

$2,150.00

 

$390,996.91

3/16/2011

Automatic

 

$206.05

 

$390,996.91

3/9/2011

Foreclose Fee-470 Price St

 

$1,490.24

 

$390,996.91

3/9/2011

Foreclose Fee - 1141 Paso Robles St

 

$948.00

 

$390,996.91

2/24/2011

Legal Fee Inv 29941 dated 2/9/11

 

$2,408.00

 

$390,996.91

2/16/2011

Automatic

 

$206.05

 

$390,996.91

2/1/2011

Legal Fee Inv#29816 Dtd 1/10/11

 

$2,218.71

 

$390,996.91

1/18/2011

Automatic

 

$206.05

 

$390,996.91

12/16/2010

Automatic

 

$206.05

 

$390,996.91

11/16/2010

Automatic

 

$206.05

 

$390,996.91

10/18/2010

Automatic

 

$206.05

 

$390,996.91

9/17/2010

Collateral Ecaluation Fee

 

$900.00

 

$390,996.91

9/17/2010

Appraisal Fee

 

$2,800.00

 

$390,996.91

9/16/2010

Automatic

 

$206.05

 

$390,996.91

8/16/2010

Automatic

 

$206.05

 

$390,996.91

7/16/2010

Automatic

 

$206.05

 

$390,996.91

7/15/2010

SFR Appraisal Fee

 

$350.00

 

$390,996.91

6/16/2010

Automatic

 

$206.05

 

$390,996.91

6/3/2010

UCC Search Fee

 

$15.50

 

$390,996.91

5/17/2010

Automatic

 

$206.05

 

$390,996.91

4/16/2010

Automatic

 

$206.05

 

$390,996.91

3/16/2010

Automatic

 

$206.05

 

$390,996.91

3/8/2010

Legal Fee

 

$50.00

 

$390,996.91

2/16/2010

Automatic

 

$206.05

 

$390,996.91

1/19/2010

Automatic

 

$206.05

 

$390,996.91

12/31/2009

Regular Payment

 

 

$4,121.06

$390,996.91

12/16/2009

Automatic

 

$206.05

 

$392,024.73

11/13/2009

Late Charge Payment

 

 

$0.94

$392,024.73

11/13/2009

Regular Payment

 

 

$4,121.06

$392,024.73

 

 

Santa Barbara Bank & Trust, N.A., Member FDIC.

© 2011 Santa Barbara Bank & Trust, N.A. All rights reserved.

 

 


From: Bill Bookout [mailto:pismobeachdiveshop@charter.net]
Sent: Tuesday, November 27, 2012 10:42 AM
To: 'thomas.taggart@unionbank.com'
Cc: 'daniel.weidman@unionbank.com'; 'Richard Rossi'; 'Chris Gautschi'; 'Mendoza, Carlos G.'; 'Ashker, Terrill K.'; 'Bob Johnston'; 'dvallely@co.slo.ca.us'; 'Mazzoni, Sandra E. (Off. Inspector Gen.)'; 'Kaplan, Adam D.(Off. Inspector Gen.)'; 'Overson, Kari A. (Off. Inspector Gen.)'; 'sbcountyda@co.santa-barbara.ca.us'
Subject: RE: Santa Barbara Bank & Trust SBA Loan Fraud

 

November 27, 2012

 

Union Bank President & Chief Executive Officer---Masashi Oka

Thomas Taggart

Daniel Weildman

 

Dear Mr. Masashi Oka,

 

Please review the questions asked below of Santa Barbara Bank & Trust.  I ask that Union Bank holds off from buying Santa Barbara Bank & Trust until the fraud that has been committed by Santa Barbara Bank & Trust is resolved. 

 

Please review the questions asked below of Santa Barbara Bank & Trusts representative Robert B. Forouzandeh. 

 

Sincerely

 

Bill Bookout

Pismo Beach Surf Shop

 

CC Thomas Taggart

CC Daniel Weidman

CC Chris Gautschi

CC Richard Rossi

CC Judge Robin L. Riblet

CC Elizabeth F. Rojas Chapter 13 Trustee

CC Masashi Oka--Union Bank

CC California State Bar


From: Robert Forouzandeh [mailto:rforouzandeh@rppmh.com]
Sent: Tuesday, November 27, 2012 9:42 AM
To: Bill Bookout
Cc: 'Richard Rossi'; 'Chris Gautschi'; thomas.taggart@unionbank.com; daniel.weidman@unionbank.com; 'Mendoza, Carlos G.'; 'Ashker, Terrill K.'; 'Bob Johnston'
Subject: RE: Santa Barbara Bank & Trust SBA Loan Fraud

 

Mr. Bookout,

 

As I have told you on numerous occasions, you are represented by counsel of record in your currently pending bankruptcy petition.  Accordingly, pursuant to the California Rules of Professional Conduct I am only permitted to discuss issues related to your bankruptcy petition with your counsel of record.  If you have any questions, please have your attorney contact me to discuss further.  Nonetheless, I deny each of the allegations you have asserted in your email below.

 

As to your December mortgage statement, I was in the process of sending it to your attorney this morning as I have done every month since you filed your bankruptcy petition.  Since you have CC’ed individuals to this email who are not authorized to view your banking records, I will be sending your December statement to your attorney Mr. Gautschi in a separate email immediately after sending this email.  In the future there is no need for you to send me any correspondences regarding your monthly statement as I will automatically be sending your monthly statements directly to your attorney as I have done in the past.

 

Robert B. Forouzandeh

Attorney at Law

Reicker, Pfau, Pyle & McRoy LLP

1421 State Street, Suite B

Santa Barbara, CA  93101

 

Tel:  805-966-2440

Fax:  805-966-3320

E-mail: rforouzandeh@rppmh.com

Website:  www.reickerpfau.com

------------------------------------------------------------------------------------

This e-mail may contain confidential and privileged material for the sole use of the intended recipient.  Any review or distribution by others is strictly prohibited.  If you are not the intended recipient, please contact the sender and delete this e-mail.

 

 

From: Bill Bookout [mailto:Pismobeachdiveshop@charter.net]
Sent: Tuesday, November 27, 2012 7:27 AM
To: Robert Forouzandeh
Cc: 'Richard Rossi'; 'Chris Gautschi'; thomas.taggart@unionbank.com; daniel.weidman@unionbank.com; 'Mendoza, Carlos G.'; 'Ashker, Terrill K.'; 'Bob Johnston'
Subject: FW: Santa Barbara Bank & Trust SBA Loan Fraud

 

November 27, 2012

 

Robert B. Forouzandeh California State Bar # 247177,

Attorney at Law

Reicker, Pfau, Pyle & McRoy LLP

1421 State Street, Suite B

Santa Barbara, CA  93101

Tel:  805-966-2440

 

Dear Mr. Robert B. Forouzandeh,

 

The United States Small Business Administration has stated on November 1, 2012.  Please be reminded once again that your lender is Santa Barbara Bank and Trust, not the Small Business Administration. You must direct all questions concerning your loan only to your lender.”

 

Robert B. Forouzandeh, Please provide a monthly mortgage statement for December 2012.

 

Robert B. Forouzandeh, Please explain as to why you have claimed in your March 30, 2012 Declaration to Judge Robin L. Riblet; Attorney fees of $57,676.17?  Please immediately provide an itemized accounting of these attorney fees charged against the Oceano Nursery SBA PLP loan from the start of these Attorney Fees!

 

Karen L. Grant falsified information to Judge Robin L. Riblet in her signed March 29, 2012 SBA PLP loan accounting P. 2!  Please explain how the $22,274.46 was applied towards principal as claimed by Karen L. Grant?  Diana Jessup Lee in her May 6, 2011 Amortization schedules and her May 19, 2011 letter does not apply any of the five payments totaling $22,274.46 to principal as claimed by Karen L. Grant to Judge Robin L. Riblet!

 

Robert B. Forouzandeh, In the remaining ten payments totaling $45,171.20 as claimed by Karen L. Grant to Judge Robin L. Riblet on P. 2.   Please immediately provide an accounting of how this money was deferred and amortized?  Please explain as to how Santa Barbara Bank & Trust has a legal right to charge interest on principal per the claimed $45,171.20 owed in the May 19, 2011 NOD?

 

Robert B. Forouzandeh, Please immediately provide an accounting for Karen L. Grants claim on P. 2 that the SBA loans interest rate was modified to 6%? Please show an accounting of how Santa Barbara Bank & Trust came to a monthly payment of $4,121.06 per month, against the $4,055.30 claimed by Diana Jessup Lee in her May 19, 2011 Accounting letter and her May 6, 2011 Amortization schedules?  Please show in detail as to what Santa Barbara Bank & Trust has done with these payments overcharged!

 

Robert B. Forouzandeh, Please explain as to why Santa Barbara Bank & Trust would file a fraudulent NOD on May 19, 2011 in the SBBT claim of $45,171.20 owed in deferred payments?  Explain why SBBT did not amortize the Oceano Nursery SBA loan from $420,024.30 in 2007 with the May 19, 2011 claimed deferred amount of $45,171.20 owed?

 

Robert B. Forouzandeh, Please explain Karen L. Grants response to Judge Robin L. Riblet on P. 6 of her signed March 29, 2012 response to Debtors Objection?  Explain why Attorney fees of $58,700.00 are due for asking banking questions of Santa Barbara Bank & Trust; for SBBT improperly amortizing a SBA loan since 2007 and then filing a fraudulent NOD on May 19, 2011, claiming $45,171.20 owed in deferred payments?  Robert B. Forouzandeh, Explain per P. 6 as to how a debtors, conduct for asking for an accounting of a SBA loan; costs $58,700.00?  The Creditors of Oceano Nursery and Pismo Beach Surf Shop; should have been paid with this money!

 

Robert B. Forouzandeh, Explain and show in Santa Barbara Bank & Trust documents as to how Santa Barbara Bank & Trust feels a legal right to charge 10% of $265,000.00 as a standard Santa Barbara Bank & Trust foreclosure fee?  Please see P. 7 of Karen L. Grants response of her signed March 29, 2012 response to Debtors Objection?  Property taxes of $9,274.00 are acceptable and legal as taken out of the appraised $265,000.00 by Santa Barbara Bank & Trust.

 

Robert B. Forouzandeh, Please provide an accounting and receipts of the $39,750.00 charged by Santa Barbara Bank & Trust per P. 7 of Karen L. Grants response of her signed March 29, 2012 response to Debtors Objection?  How is this charge against a SBA loan legal?  Please immediately provide a copy of the two most recent Oceano Nursery SBA loan appraisals!  I am also requesting a copy of the most recent (Inventory Opinion Letter) as the last one I have is dated June 28, 2007. 

 

Robert B. Forouzandeh; Doug Lutz in his Declaration to Judge Robin L. Riblet on P. 11 claims that SBBT applied the $22,274.46 “to pay off the principal and interest for five of the 15 payments that the debtor had missed.”  Please show how this principal was applied as claimed by Doug Lutz of Santa Barbara Bank & Trust ?  Explain how Doug Lutz accounts for the $45,171.20 unpaid principal/interest being amortized into the SBA loan on P. 12?  Why would Santa Barbara Bank & Trust amortize unpaid principal and then charge interest on unpaid principal as seen in Doug Lutz statements to Judge Robin L. Riblet on P. 12?

 

Doug Lutz, claims on P. 13 to Judge Robin L. Riblet, that the principal balance of the SBA “loan has at all material times been in excess of $400,000.”  Please provide any and all documents that Santa Barbara Bank & Trust has to back this up with the SBBT May 19, 2011 NOD claim of $45,171.20 owed in deferred payments!  Please provide an accounting per Doug Lutz P. 15 Attorney fees of $58,700.00 and $8,953.68!  Please explain why a SBA loan debtor is not allowed to ask banking Questions as Doug Lutz states:  “The amount of these fees and costs incurred by SBBT were largely due to Debtor’s own conduct and the necessity to employ counsel to directly communicate with the Debtor regarding any loan issues in accordance with the terms of the restraining order.”  Again please explain why Diana Jessup Lee’s May 19, 2011 Accounting letter and her May 6, 2011 amortization schedules shows Santa Barbara Bank & Trust not properly amortizing the Oceano Nursery SBA Loan?

 

Robert B. Forouzandeh, Please provide an accounting of the Oceano Nursery inventory sold by Santa Barbara Bank & Trust since SBBT foreclosed on the Oceano Nursery property!  The June 28, 2007 SBBT (Inventory Opinion Letter) showed a retail inventory of $450,000.00!  Please provide the 2012 SBBT (Inventory Opinion Letter) as well! 

 

Robert B. Forouzandeh, Explain as to why Santa Barbara Bank & Trust has refused to refinance the Oceano Nursery SBA loan as seen in the February 1, 2011 Santa Barbara Bank & Trust email and provided at mediation?

 

Robert B. Forouzandeh, Please explain, how Santa Barbara Bank & Trust changed the prior October 2012 principal balance of $390,996.91 up to $400,962.89 during bankruptcy in front of Judge Robin L. Riblet?  Please provide an accounting, back to the beginning of my SBA with SBBT adding $9,965.89 to my SBA loan during Bankruptcy in front of Judge Robin L. Riblet and Elizabeth F. Rojas Chapter 13 Trustee! 

 

Robert B. Forouzandeh, I have attached your January 18, 2012 email below along with the January 3, 2011 email from Diana Jessup Lee.  Please see that all questions asked above are answered with Diana Jessup Lees May 19, 2011 Santa Barbara Bank & Trust loan accounting of $465,195.50 owed in the 2007 forbearance agreement!

 

Sincerely

 

Bill Bookout

Pismo Beach Surf Shop

 

CC Chris Gautschi

CC Richard Rossi

CC Judge Robin L. Riblet

CC Elizabeth F. Rojas Chapter 13 Trustee

CC Masashi Oka--Union Bank

CC California State Bar


From: Robert Forouzandeh [mailto:rforouzandeh@rppmh.com]
Sent: Wednesday, January 18, 2012 3:30 PM
To: Bill Bookout
Cc: Richard Rossi; Diana Lee; Karen Grant
Subject: RE: Bookout/PCB Mediation per thier Bank Fraud and Breach of Contract since 2007

 

Mr. Bookout:

 

First, you have refused to answer my question as to whether or not you recorded our telephone conversation from earlier this morning, as you orally told me that you had done.  If in fact you did record the telephone call, this would constitute a criminal act in violation of California Penal Code Section 632.

 

In regards to the May 19, 2011 from Diana Jessup Lee to you.  This letter is not fraudulent and we continue to stand by its validity and accuracy.  In that letter, Ms. Lee specifically stated that the $465,195.50 figure, "does not include any late fees, attorneys fees or any other charges other than principal and interest."  (emphasis in original)  As you are well aware, both your original note and the forbearance agreement allow SBBT to add late fees, attorneys fees and other costs incurred by SBBT as a result of your default of the note or the forbearance agreement.

 

In regards to the SBA Form 1149 of August 29, 2011, as I told you during the telephone call, this form was calculated using the figures and interest rate from the Forbearance Agreement.  Due to your default of the Forbearance Agreement, the Bank, as it was permitted to in the Forbearance Agreement, elected to revoke the benefits that the Forbearance Agreement provided to you.  This resulted in a recalculation of your loan based on the original note terms.  Due to the fact that the interest rate for your loan is lower based on the original method of calculation (Prime Rate + 2%= 5.25%) as opposed to the 6% fixed rate set forth in the Forbearance Agreement this was the crucial factor which resulted in the monthly payment amount being reduced to the amount set forth in SBBT's various filings in your bankruptcy proceeding.  Thus, neither the August 29, 2011 Form 1149 nor SBBT's bankruptcy filings are incorrect or fraudulent as you contend.

 

At no point during our telephone conversation did we discuss any issues surrounding your inverse condemnation case.  Your claim that we discussed this issue is patently false.

 

As I stated to you during the telephone call, SBBT will not forgive either the deed of trust against the Oceano property or the Pismo Beach property unless your loan to SBBT is satisfied. 

 

Lastly, I have stated to you on numerous occasions, due to your currently pending bankruptcy proceeding in which you are represented by counsel, it is highly inappropriate for you to be contacting me directly, as opposed to through your attorney of record.  This morning's telephone call during which you illegally recorded the call without my approval is a prime example.

 

Robert B. Forouzandeh

Attorney at Law

Reicker, Pfau, Pyle & McRoy LLP

1421 State Street, Suite B

Santa Barbara, CA  93101

 

Tel:  805-966-2440

Fax:  805-966-3320

E-mail: rforouzandeh@rppmh.com

Website:  www.reickerpfau.com

------------------------------------------------------------------------------------

This e-mail may contain confidential and privileged material for the sole use of the intended recipient.  Any review or distribution by others is strictly prohibited.  If you are not the intended recipient, please contact the sender and delete this e-mail.


From: Diana Lee [mailto:dlee@rppmh.com]
Sent: Tuesday, January 03, 2012 9:14 AM
To: Bill Bookout
Cc: Robert Forouzandeh
Subject: RE: Bookout/PCB Mediation per thier Bank Fraud and Breach of Contract since 2007

 

Mr. Bookout,

 

Your questions have been repeatedly answered.  Your accusations are inaccurate, and repeating them over and over is not productive.  Please see the many factual responses we have provided you which explain exactly the amount of your default, the amount due on your loan and where all your payments have been credited.

 

Diana Jessup Lee, Esq.

Reicker, Pfau, Pyle & McRoy LLP

1421 State Street, Suite B

Santa Barbara, CA  93101

 

Tel:  805-966-2440

Fax:  805-966-3320

E-mail: dlee@rppmh.com

Website:  www.reickerpfau.com

------------------------------------------------------------------------------------

This e-mail may contain confidential and privileged material for the sole use of the intended recipient.  Any review or distribution by others is strictly prohibited.  If you are not the intended recipient, please contact the sender and delete this e-mail.

 


From: Bill Bookout [mailto:Pismobeachdiveshop@charter.net]
Sent: Wednesday, November 21, 2012 9:22 AM
To: 'Ashker, Terrill K.'
Cc: 'Ryner, Leanne M.'; 'Hobby, Jill C.'; 'Butcher-Sumner, Blossom V.'; 'Bob Johnston'; 'Kaplan, Adam D.(Off. Inspector Gen.)'; 'Overson, Kari A. (Off. Inspector Gen.)'; 'Mendoza, Carlos G.'; 'terrencehetherington@sba.gov'; 'legal@fdic.gov'; 'OIGHotline@sba.gov'; 'ombudsman@fdic.gov'; 'SBA National Ombudsman'; 'Babcock, Lisa J.'; 'Chris Gautschi'
Subject: FW: FOIA CASE NUMBER 2013-00284

 

November 21, 2012

 

Dear Mr. Terrill K. Ashker,

 

I have asked questions below of the SBA that need to be answered by the SBA!  Please review your responses on October 25, 2012, October 24, 2012 and February 24, 2012. 

 

Terrill K. Ashker, From the February 1, 2011 SBBT email attached below.  Please confirm that SBBT had ended all SBA loans as claimed?

 

I am again asking the U.S. Small Business Administration for a full accounting of the SBBT Exhibit # B-23 $131,323.83 claim of past due Principal and interest going against the June 30, 2011 Comptroller of the Currency letter attached!  In the Comptroller of the Currency letter is stated that $54,922.70 was the total of unpaid interest from 2007 forbearance and workout agreement going against the May 19, 2011 NOD filed by SBBT.  Please explain as to how SBBT now claims per their Exhibit # A-23 that SBBT was owed $45,171.20 per their May 19, 2011 NOD?  Is it legal for SBA lenders to commit this kind of loan fraud?

 

I am asking the U.S. Small Business Administration to explain the May 19, 2011 letter from SBBT showing SBBT not paying any principal from the five payments totaling $22,274.66?  I ask that the U.S. Small Business Administration to explain as to why the Oceano Nursery SBA loan was not properly amortized from 2007 as seen in the May 19, 2011 SBBT letter against the August 29, 2011 SBA Form 1149?  Why would the SBA allow this kind of fraud?

 

Terrill K. Ashker, Can you explain as to why the SBA did not refinance the 470 Price Pismo Beach property Balloon Payment with the 2003 SBA PLP loan # 6641964009?  Please review your email response below on October 24, 2012.

 

Terrill K. Ashker, Please see that the SBA provides a full accounting of the Oceano Nursery property sold by Santa Barbara Bank & Trust along with the Oceano Nursery inventory in the Possession of Santa Barbara Bank & Trust.  All questions asked of the SBA, Karen G. Mills and Carlos Mendoza are seen at www.sbaplploans.com Please review the June 29, 2011E-Mail response from SBBT along with the June 28, 2011 SBBT response at www.sbaloanauthorization.com   The SBA needs to explain as to why no principal was paid on the five payments totaling $22,274.66?

 

Sincerely

 

Bill Bookout

 


From: Ashker, Terrill K. [mailto:terrill.ashker@sba.gov]
Sent: Thursday, November 01, 2012 8:06 AM
To: Bill Bookout; Ryner, Leanne M.
Cc: Hobby, Jill C.; Butcher-Sumner, Blossom V.; 'Bob Johnston'; Kaplan, Adam D.(Off. Inspector Gen.); Overson, Kari A. (Off. Inspector Gen.); Mendoza, Carlos G.; terrencehetherington@sba.gov; legal@fdic.gov; OIGHotline@sba.gov; ombudsman@fdic.gov; SBA National Ombudsman; Babcock, Lisa J.
Subject: RE: Loan #30273 Amortization Schedule as of 10-10-12

 

Mr. Bookout:

 

Please be reminded once again that your lender is Santa Barbara Bank and Trust, not the Small Business Administration. You must direct all questions concerning your loan only to your lender.

 

Also, once again, please be reminded to send any future emails pertaining to SBA only to me; Neither Carlos Mendoza, Leanne Ryner nor any other SBA personnel assigned to or assisting the Fresno District Office will respond to any further communication initiated by you.

 

Terrill K. Ashker

Acting Fresno District Counsel

 

From: Bill Bookout [mailto:Pismobeachdiveshop@charter.net]
Sent: Tuesday, October 30, 2012 4:28 PM
To: Ryner, Leanne M.
Cc: Hobby, Jill C.; Butcher-Sumner, Blossom V.; 'Bob Johnston'; Kaplan, Adam D.(Off. Inspector Gen.); Overson, Kari A. (Off. Inspector Gen.); Mendoza, Carlos G.; terrencehetherington@sba.gov; Ashker, Terrill K.; legal@fdic.gov; OIGHotline@sba.gov; ombudsman@fdic.gov; SBA National Ombudsman; Babcock, Lisa J.
Subject: FW: Loan #30273 Amortization Schedule as of 10-10-12

 

October 30, 2012

 

Leanne M. Ryner
Paralegal Specialist
Fresno District Office
Phone: (559) 487-5791 ext 2707

 

Dear Mrs. Leanne M. Ryner

 

Thank your for my SBA PLP loan # 6641964009 (FOIA request of Mr. Carlos Mendoza and Karen G. Mills) on October 25, 2012.  Please see that the questions asked along with the FOIA request of Karen G. Mills and Carlos Mendoza along with Terrill K. Ashker are answered by the SBA!

 

I am asking the U.S. Small Business Administration for a full accounting of the SBBT Exhibit # B-23 $131,323.83 claim of past due Principal and interest going against the June 30, 2011 Comptroller of the Currency letter attached!  In the Comptroller of the Currency letter is stated that $54,922.70 was the total of unpaid interest from 2007 forbearance and workout agreement going against the May 19, 2011 NOD filed by SBBT.  Please explain as to how SBBT now claims per their Exhibit # A-23 that SBBT was owed $45,171.20 per their May 19, 2011 NOD?  Is it legal for SBA lenders to commit this kind of loan fraud?

 

I am asking the U.S. Small Business Administration to explain the May 19, 2011 letter from SBBT showing SBBT not paying any principal from the five payments totaling $22,274.66?  I ask that the U.S. Small Business Administration to explain as to why the Oceano Nursery SBA loan was not properly amortized from 2007 as seen in the May 19, 2011 SBBT letter against the August 29, 2011 SBA Form 1149?  Why would the SBA allow this kind of fraud?

 

Can you explain as to why the SBA did not refinance the 470 Price Pismo Beach property Balloon Payment with the 2003 SBA PLP loan # 6641964009?

 

Please provide a full accounting of the Oceano Nursery property sold by Santa Barbara Bank & Trust along with the Oceano Nursery inventory in the Possession of Santa Barbara Bank & Trust.  All questions asked of the SBA and Karen G. Mills and Carlos Mendoza are seen at www.sbaplploans.com Please review the June 29, 2011E-Mail response from SBBT along with the June 28, 2011 SBBT response at www.sbaloanauthorization.com   The SBA needs to explain as to why no principal was paid on the five payments totaling $22,274.66?

 

Sincerely

 

Bill Bookout

 

(805) 963-2806 Phone

(805) 456-4318 Fax

tt@ccgbank.com

 

 

<SBA Loan Fraud Case # 01394465.pdf>

 


From: Ashker, Terrill K. [mailto:terrill.ashker@sba.gov]
Sent: Thursday, October 25, 2012 8:49 AM
To: Bill Bookout
Subject: RE:

 

Mr. Bookout:

 

I do not know why your lender voluntarily released the SBA guaranty of your loan. You should direct this question, and all your other questions, to Santa Barbara Bank & Trust.

 

Terrill K. Ashker

SBA Acting Fresno District Counsel

 

From: Bill Bookout [mailto:Pismobeachdiveshop@charter.net]
Sent: Wednesday, October 24, 2012 2:05 PM
To: Ashker, Terrill K.
Cc: 'Chris Gautschi'; Mendoza, Carlos G.; Kaplan, Adam D.(Off. Inspector Gen.); Overson, Kari A. (Off. Inspector Gen.); Hobby, Jill C.
Subject: RE:

 

October 24, 2012

 

Dear Mr. Terrill K. Ashker:

 

Thank you for your response on October 24, 2012.

 

Please explain yours and the United States Small Business Administration statement:  “SBA does not have any interest whatsoever in the property located at 470 Price Street, and I am not aware of any agency program that would allow you to refinance this property with SBA assistance.”

 

Mr. Terrill K. Ashker:  Why would the SBA not be willing to refinance the 470 Price Street property?  Please explain as to why the SBA has allowed Santa Barbara Bank & Trust to monthly overcharge the Oceano Nursery SBA loan?

 

Mr. Terrill K. Ashker:  In your statement:  “On or about September 7, 2012, Santa Barbara Bank & Trust voluntarily released the Small Business Administration (SBA) from its guaranty of the subject loan.  Is this because Santa Barbara Bank & Trust has sold the business inventory at the Oceano Nursery site or that Santa Barbara Bank & Trust has sold the Oceano Nursery property for an additional profit?

 

Mr. Terrill K. Ashker:  Can you explain as to why the SBA did not refinance the 470 Price street property Balloon Payment with the 2003 SBA PLP loan # 6641964009 ??  Attached is an amortization schedule, showing this balloon payment coming do in March 2017!

 

Does the SBA not payoff balloon payments on their SBA PLP Loans when funded?  Please view PDF documents at www.santabarbarabankandtrust.co and www.sbaplploans.com per the Two (August 20, 2003 SBA loan Analysis Presentations)  Please explain as to why the SBA Revised the (August 20, 2003 SBA loan Analysis Presentation) on October 1, 2003 without paying off the Balloon payment on the 470 Price Street property? 

 

I ask that the SBA explain the (U.S. Small Business Administration Schedule of Collateral) 8/27/03 changed documents; adding the 470 Price Street property as seen in PDF files at www.santabarbarabankandtrust.co Is this type of fraud normal with all SBA loans?  Please view www.sbaplploans.com or www.sbaloanauthorization.com Please explain the (Loan Agreement) made on August 29, 2003 and then the changes made on October 1, 2003!  Was the SBA aware of these changes and the Balloon payment coming do on the 470 Price Street property?  At www.sbaloanauthorization.com please review the (Business History) regarding Balloon Payments on Page 5.  Notice that the Collateral offered on P. 4 was not the 470 Price Street property per the (Loan Agreement)!

 

I am again requesting a current SBA Form 1149 from the SBA in regards to the Oceano Nursery SBA PLP Loan # 6641964009 with the changes made by Santa Barbara Bank & Trust during Bankruptcy and in front of Judge Robin L. Riblet and Elizabeth F. Rojas Chapter 13 Trustee, against the SBBT September 23, 2011 (Payment Notice.)?  Please see attached Santa Barbara Bank & Trust SBA Form 1149 for August 29, 2011.  At www.sbaplploans.com under PDF file (Peggy E. Gustafson)  Explain the SBBT attempt to sale this SBA loan back to the SBA?  I am requesting of the SBA for a full and complete accounting breakdown per the August 29, 2011 SBBT (Request to Honor SBA 7 (a) Loan Guaranty) with SBBT not applying principal as agreed!

 

Why would the SBA in the second month in the 2003 monthly payments change the agreed upon signed monthly payment (Note Terms)?  Please see the August 29, 2011 SBA Form 1149 at www.sbaplploans.com ! View the Note Terms attached!  Please view the two (Collateral Conditions P. 5!  Additional Conditions under Environmental Requirements!  Explain as to why the 470 Price Street property was not inspected?  Does the SBA allow their lenders to change SBA loan Authorization documents?  Please see Loan Agreement and Authorization!

 

I am requesting that the SBA provide an accounting for Santa Barbara Bank & Trusts Attorney Fees of $57,676.17 charged against the Oceano Nursery SBA loan for asking SBA Loan, banking questions of Santa Barbara Bank & Trust?  (Please see exhibit B-23 attached!)  Why was this money not paid back to the SBA Loan or the Balloon payment coming do on the 470 Price Street property?  Why was this money not paid back to creditors of Pismo Beach Dive Shop/Oceano Nursery?

 

Santa Barbara Bank & Trust has falsified information to Judge Robin L. Riblet in their April 13, 2012 Court claim affecting all of the businesses owned by Bill Bookout and his 1921 Cienega property, loan with Dan Hilford and Bruce Eisengart.  Please note that the 1921 Cienega property had been paid off by the SBA in the 2003 SBA loan.  The SBA did not pay off the 470 Price Street property with a known balloon payment coming do in March 2017!  Please explain as to why the SBA would not pay off the 470 Price Street Balloon Payment?

 

SBBT provided two Exhibits to Judge Robin L. Riblet and Elizabeth F. Rojas Chapter 13 Trustee, without a backing up their accounting for their BK Attorney fees of $58,700.00 to Judge Robin L. Riblet!  I am asking the U.S. Small Business Administration for a full Oceano Nursery SBA Loan # PLP 664-196-4009 accounting of the SBBT Attorney fees charged of $58,700.00 per the SBBT Exhibit # B-23 attached! 

 

I am asking the U.S. Small Business Administration for an accounting of the $26,500.00 charged by SBBT as a standard 10% SBBT Foreclosure fee and if this is legal with all SBA Loans?  Please see SBBT Exhibit # A-22 attached!  This money could have been used to pay off creditors, Dan Hilford and Bruce Eisengart or pay down the 470 Price Street Ballon payment!

 

I am asking the U.S. Small Business Administration for a full accounting of the $39,750.00 that Santa Barbara Bank & Trust has taken for Demolition and Repair of the Oceano Nursery property per SBA loan # PLP 664-196-4009?  Please provide SBA receipts of repairs and demolition of the Oceano Nursery property! 

 

Please note that Santa Barbara Bank & Trust now has sold the Oceano Nursery property and its business inventory for a profit!  Please see that the SBA immediately reimburses Bill Bookout/Elizabeth F. Rojas Chapter 13 Trustee for the full retail of the Oceano Nursery inventory!  I am requesting that the SBA provide a full accounting for any and all inventory at the Oceano Nursery property and that I am reimbursed for this inventory at full retail! Please refer to the SBBT June 29, 2007 (Opinion Letter)!   Please provide the 2011 Opinion letter!

 

I am asking the U.S. Small Business Administration for a full accounting of the SBBT Exhibit # B-23 $131,323.83 claim of past due Principal and interest going against the June 30, 2011 Comptroller of the Currency letter attached!  In the Comptroller of the Currency letter is stated that $54,922.70 was the total of unpaid interest from 2007 forbearance and workout agreement going against the May 19, 2011 NOD filed by SBBT.  Please explain as to how SBBT now claims per their Exhibit # A-23 that SBBT was owed $45,171.20 per their May 19, 2011 NOD?  Is it legal for SBA lenders to commit this kind of loan fraud?

 

I am asking the U.S. Small Business Administration to explain the May 19, 2011 letter from SBBT showing SBBT not paying any principal from the five payments totaling $22,274.66?  I ask that the U.S. Small Business Administration to explain as to why the Oceano Nursery SBA loan was not properly amortized from 2007 as seen in the May 19, 2011 SBBT letter against the August 29, 2011 SBA Form 1149?  Why would the SBA allow this kind of fraud?

 

I am asking the U.S. Small Business Administration to explain from the Santa Barbara Bank & Trust May 19, 2011 SBBT letter as to why SBBT would improperly amortize the Oceano Nursery SBA Loan # PLP 664-196-4009 adding in Principal per the SBA loan deferred payments?  The SBA will need to explain P. 3 in how SBBT would claim $465,195.50 owed by charging again for principal in their new amortization of $4,055.30 owed per month since 2007?  What has the SBA and SBBT done with the extra principal paid since 2007?

 

Please explain as to how the SBA and SBBT came to a monthly payment in 2007 of $4,121.06 per month?  Explain as to how this was amortized at 6%?  Please explain as to why this amount was not re-amortized in 2008, 2009, 2010 and 2011 per SBA loan requirements?

 

Terrill K. Ashker, Mr. Carlos Mendoza, Karen G. Mills, Adam D. Kaplan, Assistant Counsel to the Inspector General, U.S. Small Business Administration:  Santa Barbara Bank & Trust filed a restraining order for asking banking loan questions of Santa Barbara Bank & Trust from their May 19, 2011 letter and their May 6, 2011 amortization schedules!  This is seen in the June 30, 2011 Comptroller of the Currency letter attached and the SBBT April 13, 2012 response to Judge Robin L. Riblet on Page 3.  It is important for the SBA to now fully resolve the actions of Santa Barbara Bank & Trust!  Please answer the above questions and provide the FOIA Requests as acknowledged below on September 10, 2012 by Leanne M. Ryner!

 

Please explain as to how the SBA and SBBT have refused to refinance the 470 Price Street Property as seen in PDF files at www.sbaplploans.com under Peggy E. Gustafson, Inspector General for the SBA?  See Memorandum on January 20, 2005 from Casey Appell and his hesitation!  See letter written December 9, 2007 to Casey Appell requesting to refinance the 470 Price Street property!  See loan taken out on the Oceano Nursery property for $70,000.00 on November 19, 2004.  See loan taken out July 22, 2005 on the 470 Price Street property!  See January 18, 2005 Loan request to refinance the 470 Price Street property!  Explain as to why the SBA allowed the hard money loan as seen in the SBBT July 14, 2005 Memorandum from Clay Appleton to make past due payments?  Why did the United States Small Business Administration not pay off the 470 Price Street property with the 2003 SBA PLP loan # 6641964009?

 

Sincerely

 

Bill Bookout

Pismo Beach Surf Shop

 

CC Karen G. Mills

CC Leanne M. Ryner

CC Chris Gautschi

CC Judge Robin L. Riblet

CC Elizabeth F. Rojas Chapter 13 Trustee

 

 


From: Ashker, Terrill K. [mailto:terrill.ashker@sba.gov]
Sent: Wednesday, October 24, 2012 8:39 AM
To: Bill Bookout
Subject: RE:

 

Mr. Bookout:

 

On or about September 7, 2012, Santa Barbara Bank & Trust voluntarily released the Small Business Administration (SBA) from its guaranty of the subject loan.  SBA does not have any interest whatsoever in the property located at 470 Price Street, and I am not aware of any agency program that would allow you to refinance this property with SBA assistance.

 

Very truly yours,

 

Terrill K. Ashker

SBA Acting Fresno District Counsel

 

From: Bill Bookout [mailto:Pismobeachdiveshop@charter.net]
Sent: Tuesday, October 23, 2012 1:42 PM
To: Ashker, Terrill K.
Cc: San Diego General Box; 'Bob Johnston'
Subject: RE:

 

October 23, 2012

 

Dear Mr. Terrill K. Ashker,

 

As you are aware, the 470 Price Street Property has a balloon payment coming do before the end of the SBA PLP loan with Westdale Capital attached.  Who at the SBA do I need to contact in regards to refinancing SBA PLP loan # 664-196-4009?

 

Sincerely

 

Bill Bookout

 


From: Ashker, Terrill K. [mailto:terrill.ashker@sba.gov]
Sent: Friday, February 04, 2011 1:11 PM
To: Bill Bookout
Cc: Mendoza, Carlos G.; glazar@foxjohns.com
Subject: FW: SBA Bank Fraud------Office of the Comptroller of the Currency Case # 01394465 Pacific Capital Bank Retaliatory Actions! Trustee Sale No: 11-00125-5DL

 

Mr. Bookout:

 

To the best of my knowledge, SBA has not received any notice from Pacific Capital Bank that it is no longer participating in the SBA loan-guaranty program.

 

You should ask Pacific Capital Bank directly when it stopped making SBA-guaranteed loans.

 

Please address any future SBA inquiries only to me.

 

Terrill K. Ashker

Fresno District Counsel (Acting)

 

 

From: Bill Bookout [mailto:Pismobeachdiveshop@charter.net]
Sent: Wednesday, February 02, 2011 12:51 PM
To: San Diego General Box
Cc: Mendoza, Carlos G.
Subject: RE: SBA Bank Fraud------Office of the Comptroller of the Currency Case # 01394465 Pacific Capital Bank Retaliatory Actions! Trustee Sale No: 11-00125-5DL

 

February 2, 2011

 

Dear SBA.

 

How long has Pacific Capital Bank, not been doing SBA Loans?  George C. Lazar from Pacific Capital Bank has stated in this email February 1, 2011:

 


From: George C. Lazar [mailto:GLazar@foxjohns.com]
Sent: Tuesday, February 01, 2011 1:20 PM
To: Bill Bookout
Subject: RE:

 

Mr. Bookout:

 

Pacific Capital Bank is no longer lending under the SBA program.  As a result, a refinance from Pacific Capital is not something that could be done, although another lender might be in a position to make the proposed loan.

 

George C. Lazar
FOX JOHNS LAZAR PEKIN & WEXLER, APC
525 B Street, Suite 1500
San Diego, California 92101-4417
Tel:             619.595.7187

Toll Free:     877.272.3734
Mobile:        619.823.7375

Fax:            877.227.0150
email:          glazar@foxjohns.com

THIS EMAIL IS INTENDED FOR THE DESIGNATED RECIPIENT(S) ONLY AND MAY CONTAIN CONFIDENTIAL MATERIAL, INCLUDING ATTORNEY-CLIENT COMMUNICATIONS. IF YOU RECEIVE THIS EMAIL IN ERROR, PLEASE NOTIFY ME BY RETURN EMAIL AND DELETE THIS EMAIL TOGETHER WITH ANY ATTACHMENTS.

 

From: Bill Bookout [mailto:Pismobeachdiveshop@charter.net]
Sent: Tuesday, February 01, 2011 12:13 PM
To: George C. Lazar
Subject: RE:

 

Mr. Lazar,

 

Would Pacific Capital Bank refinance the Pismo Beach property and the Oceano Nursery property together at 5.5% over 30 years?  This would make a monthly payment of $3,860.67 and allow me to rebuild both of my businesses?

 

Mortgage calculator

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Read more: Amortization Schedule Calculator -- Bankrate.com http://www.bankrate.com/calculators/mortgages/amortization-calculator.aspx#ixzz1CjvdoVz2

 

 


From: George C. Lazar [mailto:GLazar@foxjohns.com]
Sent: Friday, January 28, 2011 2:06 PM
To: Bill Bookout
Subject: RE:

 

I do not know.

 

I will forward your email to Ms. Sheffield for consideration. 

 

I would not anticipate being able to provide a response one way or the other until early to mid week, next week, however. 

 

George C. Lazar
FOX JOHNS LAZAR PEKIN & WEXLER, APC
525 B Street, Suite 1500
San Diego, California 92101-4417
Tel:             619.595.7187

Toll Free:     877.272.3734
Mobile:        619.823.7375

Fax:            877.227.0150
email:          glazar@foxjohns.com

THIS EMAIL IS INTENDED FOR THE DESIGNATED RECIPIENT(S) ONLY AND MAY CONTAIN CONFIDENTIAL MATERIAL, INCLUDING ATTORNEY-CLIENT COMMUNICATIONS. IF YOU RECEIVE THIS EMAIL IN ERROR, PLEASE NOTIFY ME BY RETURN EMAIL AND DELETE THIS EMAIL TOGETHER WITH ANY ATTACHMENTS.

 

From: Bill Bookout [mailto:Pismobeachdiveshop@charter.net]
Sent: Friday, January 28, 2011 1:06 PM
To: George C. Lazar
Subject: RE:

 

Mr. Lazar,

 

Would Pacific Capital Bank be willing to lower the payoff amount?

 


From: George C. Lazar [mailto:GLazar@foxjohns.com]
Sent: Friday, January 28, 2011 10:48 AM
To: Bill Bookout
Subject: RE:

 

Mr. Bookout:

 

Removal of the liens from the properties would require a payment in full of the amount owing on the note secured by the properties. 

 

George C. Lazar
FOX JOHNS LAZAR PEKIN & WEXLER, APC
525 B Street, Suite 1500
San Diego, California 92101-4417
Tel:             619.595.7187

Toll Free:     877.272.3734
Mobile:        619.823.7375

Fax:            877.227.0150
email:          glazar@foxjohns.com

THIS EMAIL IS INTENDED FOR THE DESIGNATED RECIPIENT(S) ONLY AND MAY CONTAIN CONFIDENTIAL MATERIAL, INCLUDING ATTORNEY-CLIENT COMMUNICATIONS. IF YOU RECEIVE THIS EMAIL IN ERROR, PLEASE NOTIFY ME BY RETURN EMAIL AND DELETE THIS EMAIL TOGETHER WITH ANY ATTACHMENTS.

 

From: Bill Bookout [mailto:Pismobeachdiveshop@charter.net]
Sent: Thursday, January 27, 2011 6:52 PM
To: George C. Lazar
Subject:

 

Mr. Lazar.

 

You mentioned making a proposal!  What would it take for Pacific Capital Bank to remove all liens against my Pismo Beach property?

 

We might be able to work something out for both of our interests?

Union Bank has now taken over Santa Barbara Bank & Trust.The following email questions asked of Santa Barbara Bank & Trust now need to be answered by Union Bank.Please review the following PDF files. It is unfortunate that Santa Barbara Bank & Trust has refused to properly amortize a SBA loan.Richard Rossi Objection_to_Proof_of_Claim.pdf
3.9 MB

Grant_s_response_to_our_obj_to_claim.pdf
324.7 KB

Karen L. Grants response doc 49 pt 2.pdf
317.0 KB


SBA Loan Fraud Case 01394465. pdf
3.1 MB Union Bank


SBA_August_29__2003_Fraud_by_Santa_Barbara_Bank___Trust.pdf
2.1 MB

The following email communication shows the questions that need to now be answered by Union Bank,

From: Bill Bookout [mailto:Pismobeachdiveshop@charter.net]
Sent: Monday, December 10, 2012 12:09 PM
To: 'thomas.taggart@unionbank.com'; 'Masashi.Oka@unionbank.com'
Cc: 'daniel.weidman@unionbank.com'; 'Richard Rossi'; 'Chris Gautschi'; 'Mendoza, Carlos G.'; 'Ashker, Terrill K.'; 'Bob Johnston'; 'dvallely@co.slo.ca.us'; 'Mazzoni, Sandra E. (Off. Inspector Gen.)'; 'Kaplan, Adam D.(Off. Inspector Gen.)'; 'Overson, Kari A. (Off. Inspector Gen.)'; 'Robert Forouzandeh'; 'sbcountyda@co.santa-barbara.ca.us'; 'ombudsman@fdic.gov'; 'SBA National Ombudsman'; 'OIGHotline@sba.gov'; 'legal@fdic.gov'
Subject: FW: Santa Barbara Bank & Trust SBA Loan Fraud

 

December 10, 2012

 

Union Bank President & Chief Executive Officer---Masashi Oka

Thomas Taggart

Daniel Weildman

 

Dear Mr. Masashi Oka, Thomas Taggart, Daniel Weildman  

 

The questions asked below of Santa Barbara Bank & Trust now need to be answered by Union Bank.  I am requesting that my online banking be reinstated.  Please provide a monthly mortgage statement for December 2012.  SBBT/Union Bank has yet to provide a mortgage statement as requested!

 

Please have Union Bank explain as to why Santa Barbara Bank & Trust has claimed in their March 30, 2012 Declaration to Judge Robin L. Riblet; Attorney fees of $57,676.17

 

Please have Union Bank account for the Attorney fees charged of $57,676.17 by Reicker, Pfau, Pyle & McRoy LLP?

 

Please have Union Bank provide an itemized accounting of Reicker, Pfau, Pyle & McRoy LLP Attorney fees charged against the Oceano Nursery SBA PLP loan from the start of these Attorney Fees?

 

Please have Union Bank explain how SBBT/Union Bank can pay attorney fees out of SBA PLP loan money, before the SBA PLP loan is paid back?

 

Please have Union Bank explain Karen L. Grants response to Judge Robin L. Riblet on P. 6 of her signed March 29, 2012 response to Debtors Objection? 

 

Please have Union Bank provide a full Proof of Claim by Santa Barbara Bank & Trust going back to 2003 with the SBBT Bankruptcy changes made during Bankruptcy! 

 

Please explain as to how Union Bank/Santa Barbara Bank & Trust applied the 2007 five payments of $22,274.46 to pay off the principal and interest for five of the 15 payments that the debtor had missed; as seen in the SBBT September 7, 2011 email below?

 

Union Bank.  Karen L. Grant falsified information to Judge Robin L. Riblet in her signed March 29, 2012 SBA PLP loan accounting P. 2!  Please explain how the five payments totaling $22,274.46 was applied towards principal as claimed by Karen L. Grant? 

 

Union Bank.  Diana Jessup Lee of Reicker, Pfau, Pyle & McRoy LLP in her SBBT May 6, 2011 Amortization schedules and her May 19, 2011 SBBT letter does not apply any of the five payments totaling $22,274.46 to principal as claimed by Karen L. Grant to Judge Robin L. Riblet.  Again please provide an accounting for five payments totaling $22,274.46 to principal as claimed by Santa Barbara Bank & Trust!

 

Union Bank.  In the remaining ten payments totaling $45,171.20 as claimed by Karen L. Grant to Judge Robin L. Riblet on P. 2.   Please immediately provide an accounting of how this money was deferred and amortized?  Please explain as to how Santa Barbara Bank & Trust has a legal right to charge interest on principal per the SBBT claimed $45,171.20 owed in the May 19, 2011 NOD?

 

Union Bank.  Please immediately provide an accounting for Karen L. Grants claim on P. 2 that the SBA loans interest rate was modified to 6%? Please show an accounting of how Santa Barbara Bank & Trust came to a monthly payment of $4,121.06 per month, against the $4,055.30 claimed by Diana Jessup Lee in her May 19, 2011 Accounting letter and her May 6, 2011 Amortization schedules?  Please show in detail as to what Santa Barbara Bank & Trust has done with these payments overcharged!

 

Union Bank.  Please explain as to why Santa Barbara Bank & Trust would file a fraudulent NOD on May 19, 2011 in the SBBT claim of $45,171.20 owed in deferred payments?  Explain why SBBT did not amortize the Oceano Nursery SBA loan from $420,024.30 in 2007 with the May 19, 2011 claimed deferred amount of $45,171.20 owed?

 

Union Bank.  Please explain Karen L. Grants response to Judge Robin L. Riblet on P. 6 of her signed March 29, 2012 response to Debtors Objection?  Explain why Attorney fees of $58,700.00 are due for asking banking questions of Santa Barbara Bank & Trust; for SBBT improperly amortizing a SBA PLP loan since 2007 and then filing a fraudulent NOD on May 19, 2011, claiming $45,171.20 owed in deferred payments?  Union Bank.  Explain per P. 6 as to how a debtors, conduct for asking for an accounting of a SBA loan; costs $58,700.00?  The Creditors of Pismo Beach Surf Shop; should have been paid with this money!

 

Union Bank.  Explain and show in Union Bank documents as to how Santa Barbara Bank & Trust feels a legal right to charge 10% of $265,000.00 as a standard Santa Barbara Bank & Trust foreclosure fee?  Please see P. 7 of Karen L. Grants response of her signed March 29, 2012 response to Debtors Objection?  With the $26,500.00 charged by SBBT as seen in Exhibit A-22 as presented to the United States Bankruptcy Court.  Please show how this is legal with the Oceano Nursery SBA PLP Loan?

 

Union Bank.  Property taxes of $9,274.00 are acceptable and legal as taken out of the appraised $265,000.00 by Santa Barbara Bank & Trust in the Exhibit A- 22 as presented to Judge Robin L. Riblet.

 

Union Bank.  Please provide an accounting and receipts of the $39,750.00 charged by Santa Barbara Bank & Trust per P. 7 of Karen L. Grants response of her signed March 29, 2012 response to Debtors Objection?  How is this charge against a SBA PLP loan legal?  Union Bank.  Please immediately provide a copy of the two most recent Oceano Nursery SBA loan appraisals!  I am also requesting a copy of the most recent (Inventory Opinion Letter) as the last one I have is dated June 28, 2007! 

 

Union Bank.  Santa Barbara Bank & Trust Vice President, Doug Lutz in his Declaration to Judge Robin L. Riblet on P. 11 claims that SBBT applied the $22,274.46 “to pay off the principal and interest for five of the 15 payments that the debtor had missed.”  Please show how this principal was applied as claimed by Vice President Doug Lutz of Santa Barbara Bank & Trust?  Explain how SBBT Vice President Doug Lutz accounts for the $45,171.20 unpaid principal/interest being amortized into the SBA loan on P. 12?  Union Bank.  Why would Santa Barbara Bank & Trust amortize unpaid principal and then charge interest on unpaid principal as seen in SBBT Vice President, Doug Lutz statements to Judge Robin L. Riblet on P. 12 of his Declaration?

 

Union Bank.  Santa Barbara Bank & Trust Vice President, Doug Lutz, claims on P. 13 to Judge Robin L. Riblet, that the principal balance of the SBA “loan has at all material times been in excess of $400,000.”  Please provide any and all documents that Santa Barbara Bank & Trust has to back this up with the SBBT May 19, 2011 NOD claim of $45,171.20 owed in deferred payments!  Please provide an accounting per SBBT Vice President, Doug Lutz P. 15 Attorney fees of $58,700.00 and $8,953.68!  Please explain why a SBA loan debtor is not allowed to ask banking Questions as Doug Lutz states:  “The amount of these fees and costs incurred by SBBT were largely due to Debtor’s own conduct and the necessity to employ counsel to directly communicate with the Debtor regarding any loan issues in accordance with the terms of the restraining order.”  Again please explain why Diana Jessup Lee’s May 19, 2011 Accounting letter and her May 6, 2011 amortization schedules shows Santa Barbara Bank & Trust not properly amortizing the Oceano Nursery SBA PLP Loan?

 

Union Bank.  Please provide an accounting of the Oceano Nursery inventory sold by Santa Barbara Bank & Trust since SBBT foreclosed on the Oceano Nursery property!  The June 28, 2007 SBBT (Inventory Opinion Letter) showed a retail inventory of $450,000.00!  Please provide the 2012 SBBT (Inventory Opinion Letter) as well! 

 

Union Bank.  Explain as to why Santa Barbara Bank & Trust has refused to refinance the Oceano Nursery SBA loan as seen in the February 1, 2011 Santa Barbara Bank & Trust email and provided at mediation?

 

Union Bank.  Please explain, how Santa Barbara Bank & Trust changed; there prior October and November 2012 principal balance of $390,996.91 up to $400,962.89 during bankruptcy in front of Judge Robin L. Riblet?  Union Bank. Please provide an accounting, back to the beginning of the Oceano SBA PLP Loan with SBBT adding $9,965.89 to the Oceano Nursery SBA PLP loan during Bankruptcy in front of Judge Robin L. Riblet and Elizabeth F. Rojas Chapter 13 Trustee!  Please review the prior online SBBT accounting below!

Date

Description

Category

Debit

Credit

Balance

11/4/2011

EFF 11/03/2011

 

 

$4,121.06

$390,996.91

10/11/2011

Regular Payment

 

 

$4,121.06

$390,996.91

9/16/2011

Automatic

 

$206.05

 

$390,996.91

8/30/2011

Review Fee

 

$650.00

 

$390,996.91

8/30/2011

Commercial Appraisal Fee

 

$4,000.00

 

$390,996.91

 

Again, I am requesting that my online Union Bank/SBBT banking be reinstated.  Please provide a monthly mortgage statement for December 2012.  SBBT/Union Bank has yet to provide a mortgage statement as requested!

 

Sincerely

 

Bill Bookout

Pismo Beach Surf Shop

 

CC Masashi Oka--Union Bank

CC Thomas Taggart-Union Bank

CC Daniel Weidman-Union Bank

CC Chris Gautschi

CC Richard Rossi

CC Judge Robin L. Riblet

CC Elizabeth F. Rojas Chapter 13 Trustee

CC California State Bar

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