Breach of Contract documents by Santa Barbara Bank & Trust PDF
California SBA Loan Bank Fraud! Santa Barbara Bank & Trust on August 29, 2003 obtained an SBA authorization for the Oceano Nursery SBA loan as seen and signed above by SBBT on August 29, 2003. The October 6, 2003 signed Loan Agreement shows this August 29, 2003 SBA Authorization. The August 27, 2003 Loan Committee Presentation Report shows the purpose of the Oceano Nursery SBA August 29, 2003 loan Authorization just prior to the contract between the SBA and Santa Barbara Bank & Trust.
Santa Barbara Bank & Trust shows their Breach of Contract and Mortgage Modification Fraud to the Office of the Comptroller of the Currency Case # 01394465 – Case # 770567 and Case # 01549780 in their May 6, 2011 Letter pdf. Santa Barbara Bank & Trust in their May 19, 2011 letter pdf... Show their continued Fraud and Breach of Contract.
Diana Jessup Lee States June 3, 2011 for SBBT and it's board of Directors, after asking questions of SBBT. "The questions you ask are answered with full explanations in my letters to you dated May 6 and 19, 2011."
Santa Barbara Bank & Trust against the June 30, 2011 OCC findings have prepared a differn't accounting as seen in this May 5, 2011 amortization schedule pdf. This amortization schedule compleatly goes against, the OCC findings PDF on June 30, 2011.
Sharon Gilstrap of the OCC has stated that there is nothing the OCC can do about Santa Barbara Bank & Trusts Fraudulent actions on May 19, 2011 other then higher an attorney! The OCC needs to see that the questions asked below are answered!
SBA FOIA Documents December 20, 2011 PDF Showing Santa Barbara Bank & Trusts Board of Directors January 14, 2011 and May 19, 2011 Notice of Defaults to be Fraudulent!
From: Bill Bookout [mailto:Pismobeachdiveshop@charter.net]
Sent: Wednesday, January 04, 2012 4:57 PM
To: 'ombudsman@sba.gov'
Cc: 'legal@fdic.gov'
Subject: RE: Bookout/PCB Mediation per thier Bank Fraud and Breach of Contract since 2007
January 4, 2012
Office of the Comptroller of the Currency Case # 01394465
1301 McKinney Street, Suite 3450
Houston, Texas 77010-9050
Fax # 713-336-4301
Office of the Comptroller of the Currency Complaint Re: Case # 01394465 Case # 01944977
Please see that the 10 questions asked below of Diana Jessup Lee are answered by Santa Barbara Bank & Trust per the June 30, 2011 Office of the Comptroller of the Currency letter!
Attached is the SBBT May 19, 2011 Accounting and Restraining Order Threat.
Attached is the OCC June 30, 2011 Letter showing SBBT Bank Records that are different, then claimed in the May 19, 2011 NOD.
Attached is the SBBT May 6, 2011 Letter.
Please explain as to why the May 19, 2011 letter from Diana Jessup Lee is different then the June 30, 2011 Office of the Comptroller of the Currency accounting? How can Santa Barbara Bank & Trust claim they are owed $45,171.20 against the June 30, 2011 Office of the Comptroller of the Currency accounting? Please see the SBBT September 7, 2011 email below in regards to the Office of the Comptroller of the Currency.
Sincerely
Bill Bookout
From: Bill Bookout [mailto:Pismobeachdiveshop@charter.net]
Sent: Wednesday, January 04, 2012 4:23 PM
To: 'Diana Lee'
Cc: 'Kaplan, Adam D.(Off. Inspector Gen.)'; 'kari.overson@sba.gov'; 'Ashker, Terrill K.'; 'cj.ward@keyt.com'; 'rmiller@newtimesslo.com'; 'velie@calcoastnews.com'; 'lol@rsmediate.com'; 'Mary Jo Barbeau'; 'Ashker, Terrill K.'; 'carlos.mendoza@sba.gov'; 'Hobby, Jill C.'; 'Karen Grant'; 'legal@fdic.gov'; 'sbcountyda@co.santa-barbara.ca.us'; 'ombudsman@sba.gov'; 'Richard Rossi'
Subject: RE: Bookout/PCB Mediation per thier Bank Fraud and Breach of Contract since 2007
January 4, 2012 Office of the Comptroller of the Currency Complaint Re: Case# 01944977
Diana Jessup Lee, Esq.
Reicker, Pfau, Pyle & McRoy LLP
1421 State Street, Suite B
Santa Barbara, CA 93101
Diana Jessup Lee,
Per your Santa Barbara Bank & Trust statement on January 3, 2011 “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.”
Attached above is the June 30, 2011 Office of the Comptroller of the Currency Case # 01394465 letter showing that the prior principal and interest payments of $54,922.70 in 2006 and 2007 had been paid back to Santa Barbara Bank & Trust! Please answer the following questions for myself and those attached above!
11) How did Santa Barbara Bank & Trust come up with $67,445.46 in your May 19, 2011 letter attached?
12) Why would Santa Barbara Bank & Trust claim in the May 19, 2011 NOD, that SBBT was still owed $45,171.20 against the June 30, 2011 Office of the Comptroller of the Currency accounting from Santa Barbara Bank & Trust? The OCC shows that the unpaid interest on July 12, 2007 was $33,062.51 instead of the May 5, 2011 amortization schedule claimed amount!
13) The June 30, 2011 Office of the Comptroller of the Currency letter shows that all prior interest accrued and unpaid through September 29, 2008 had been paid in full! Can Santa Barbara Bank & Trust explain as to why in the October 28, 2011 (Proof of Claim) to Judge Robin L. Riblet as to why Santa Barbara Bank & Trust would claim $45,171.20 owed SBBT against the June 30, 2011 Office of the Comptroller of the Currency Case # 01394465 letter?
14) The June 30, 2011 Office of the Comptroller of the Currency letter shows that Restraining order was filed on June 3, 2011 by Santa Barbara Bank & Trust. Why would Santa Barbara Bank & Trust file a restraining order for asking Santa Barbara Bank & Trust for an accounting of the Oceano Nursery SBA Loan?
15) In Santa Barbara Bank & Trusts May 19, 2011 accounting letter and threats of a restraining order letter combined! Explain as to why and how the Office of the Comptroller of the Currency on June 30, 2011 comes up with different accounting, then the May 19, 2011 SBBT accounting per the two May 5, 2011 amortization schedules prepared by Santa Barbara Bank & Trust?
16) In the email from Robert B. Forouzandeh on September 7, 2011 in regards to the Office of the Comptroller of the Currency’s June 30, 2011 letter as stated by Robert B. Forouzandeh: “Furthermore, as we have repeatedly told you, the amortization schedules that we provided to you on May 6, 2011 were prepared by Santa Barbara Bank & Trust employees, not by any of the attorneys in this office, this office simply delivered them to you. Thus, your claim that "Neither You [Robert Forouzandeh] nor Diana Jessup Lee are qualified to prepare Santa Barbara Bank & Trust amortization schedules" is simply incorrect. Also, we provided you with 2 amortization schedules simply as a courtesy to you and to extend additional benefits in Schedule #2 to you which you were not entitled to as a gesture of good faith and in an effort to settle this matter.
Lastly, you have not provided any information or evidence which would lead Santa Barbara Bank & Trust to either rescind the most recent notice of default or to suspend the currently scheduled Trustee Sale from proceeding.” Please explain as to why Santa Barbara Bank & Trust would change their accounting as explained by the Office of the Comptroller of the Currency in the June 30, 2011 response Case # 01394465? Robert B. Forouzandeh, had reviewed the OCC June 30, 2011 letter as he shows below in his September 7, 2011 email showing that the 2006 and 2007 deferred payments had been made!
17) Why would Santa Barbara Bank & Trust claim in the May 6, 2011 letter that 2007 deferred payments had not been paid in direct conflict with the Office of the Comptroller of the Currency’s June 30, 2011 letter and communication with Santa Barbara Bank & Trust?
18) Why would Santa Barbara Bank & Trust in the May 6, 2011 letter claim that they were owed “in excess of $100,000).” Against the June 30, 2011 Office of the Comptroller of the Currency’s letter of $50,000.00?
19) Why would Santa Barbara Bank & Trust not properly amortize the 2007 forbearance and workout agreements as seen in the two amortization schedules prepared by Santa Barbara Bank & Trust? Please pay close attention to this email statement on September 7, 2011. ““Furthermore, as we have repeatedly told you, the amortization schedules that we provided to you on May 6, 2011 were prepared by Santa Barbara Bank & Trust employees,”
20) With the Office of the Comptroller of the Currency showing that $54,922.70 was the deferred amount in 2007 prior to the $22,274.46 being paid in the forbearance and workout agreement. What should the Oceano Nursery monthly payment have been, if it had been properly amortized by Santa Barbara Bank & Trust?
The questions asked above now need to be answered by (Diana Jessup Lee) or Santa Barbara Bank & Trust with the documents that have been provided by the U. S. Small Business Administration on December 20, 2011.
Sincerely
Bill Bookout
CC California State Attorney General
CC Office of the Comptroller of the Currency Re: Case # 01944977---01394465
CC United States Small Business Administration
CC Adam D. Kaplan Assistant Counsel to the Inspector General U.S. Small Business Administration
CC Kari A. Overson, Special Agent in Charge Western Regional Office U.S. Small Business Administration Office of Inspector General
From: Bill Bookout [mailto:Pismobeachdiveshop@charter.net]
Sent: Tuesday, January 03, 2012 12:15 PM
To: 'Diana Lee'
Cc: 'Kaplan, Adam D.(Off. Inspector Gen.)'; 'kari.overson@sba.gov'; 'Ashker, Terrill K.'; 'cj.ward@keyt.com'; 'rmiller@newtimesslo.com'; 'velie@calcoastnews.com'; 'lol@rsmediate.com'; 'Mary Jo Barbeau'; 'Ashker, Terrill K.'; 'carlos.mendoza@sba.gov'; 'Hobby, Jill C.'; 'Karen Grant'; 'legal@fdic.gov'; 'sbcountyda@co.santa-barbara.ca.us'; 'ombudsman@sba.gov'
Subject: RE: Bookout/PCB Mediation per thier Bank Fraud and Breach of Contract since 2007
January 3, 2012 Office of the Comptroller of the Currency Complaint Re: Case# 01944977
Diana Jessup Lee, Esq.
Reicker, Pfau, Pyle & McRoy LLP
1421 State Street, Suite B
Santa Barbara, CA 93101
Diana Jessup Lee,
Please answer the questions asked below of Mr. Robert Forouzandeh, California State Bar # 247177. Please note that the United States Small Business Administration on December 20, 2011 have provided Santa Barbara Bank & Trust documents showing your statement on January 3, 2012 to be false! You have stated for Santa Barbara Bank & Trust: “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, Please provide to the Office of the Comptroller of the Currency Complaint Re: Case# 01944977 Any and All documents that you claim dispute the facts below, previously presented to the Comptroller of the Currency!
The United States Small Business Administration September 30, 2008 letter from Santa Barbara Bank & Trust Vice President Sandra Sheffield shows that all 2006/2007 back interest had been paid against your January 3, 2012 Santa Barbara Bank & Trust statement!
The United States Small Business Administration, Pacific Capital Bank, letter to the Comptroller of the Currency dated April 18, 2008 written by Vice President Pierettee Marie Mageo, shows that all 2006/2007 interest was being paid back in 2008 against your January 3, 2012 Santa Barbara Bank & Trust statement!
The United States Small Business Administration, Pacific Capital Bank, letter to the Comptroller of the Currency dated June 3, 2008 written by Santa Barbara Bank & Trust Vice President Joe L. Kennedy, shows that all 2006/2007 interest was being paid back in 2008 against your January 3, 2012 Santa Barbara Bank & Trust statement!
The United States Small Business Administration, Pacific Capital Bank, May 30, 2008 SBA Form 1149 document provided to the Comptroller of the Currency by Santa Barbara Bank & Trust Vice President Joe L. Kennedy, shows that all 2006/2007 interest was being paid back in 2008 against your January 3, 2012 Santa Barbara Bank & Trust statement!
The United States Small Business Administration, Pacific Capital Bank, letter to the Comptroller of the Currency dated July 2, 2008 written by Vice President Pierettee Marie Mageo, shows that Santa Barbara Bank & Trusts May 19, 2011 Notice of Default is fraudulent against your January 3, 2012 Santa Barbara Bank & Trust statement! Please review the (Default Affidavit) compared to the two Santa Barbara Bank & Trust May 5, 2011 amortization schedules and the May 19, 2011 Notice of Default, per your May 19, 2011 threatening and intimidating letter! Santa Barbara Bank & Trust, Vice President Pierettee Marie Mageo, shows that Santa Barbara Bank & Trust was not owed $45,171.20 per the May 19, 2011 Notice of Default in her letters to the Comptroller of the Currency Case # 770567!
Diana Jessup Lee, Please see that Santa Barbara Bank & Trust again provides monthly payment notices and restores the online banking! Santa Barbara Bank & Trust, Vice President Pierettee Marie Mageo 2008 letters will explain the now fraudulent actions by Santa Barbara Bank & Trust per your January 3, 2012 email!
Diana Jessup Lee, It is now time for Santa Barbara Bank & Trust to answer the questions asked of Santa Barbara Bank & Trust with the documents provided by the United States Small Business Administration on December 20, 2011! Why would Santa Barbara Bank & Trust falsify the October 28, 2011 (Proof of Claim) to Santa Barbara, Bankruptcy Judge, Robin L. Riblet)?
Sincerely
Bill Bookout
CC California State Attorney General
CC Office of the Comptroller of the Currency Re: Case # 01944977
CC United States Small Business Administration
CC Adam D. Kaplan Assistant Counsel to the Inspector General U.S. Small Business Administration
CC Kari A. Overson, Special Agent in Charge Western Regional Office U.S. Small Business Administration Office of Inspector General
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
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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 5:12 PM
To: Bill Bookout
Subject: RE: Santa Barbara Bank & Trust Theft of Principal, Breach of Contract and Mortgage Modification Fraud.
Mr. Bookout,
Thank you for faxing and emailing to me this afternoon the OCC letters dated July 16, 2008, June 30, 2011, July 15, 2011, August 2, 2011 and August 30, 2011. I have now reviewed these documents and am prepared to respond. My review of the 5 OCC letters that you have provided does not alter my prior conclusion that there is not 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. In fact, after reviewing the OCC letters the only thing that is clear to me is that you are in breach of contract with Santa Barbara Bank & Trust as a result of your default on your loan.
Specifically, the following quotes demonstrate that the OCC has not made any findings of wrongdoing on the part of Santa Barbara Bank & Trust:
1. July 16, 2008 Letter, the OCC stated, "The OCC cannot resolve contractual disputes between national banks and their customers. When a clearly defined civil dispute develops, an agency such as the OCC would be acting beyond its authority as a trier of fact or adjudicator of civil disputes."
2. June 30, 2011 Letter, the OCC stated, "As your difficulty with the bank was in mediation and is subject of litigation, it is inappropriate for the Office of the Comptroller of the Currency (OCC) to intervene in this case."
3. July 15, 2011 Letter, the OCC stated, "Because your matter is a contractual dispute and the subject of arbitration, the OCC cannot comment on any information you may have received. Based on the current course of events between you and the bank, we are unable to assist you further."
4. August 2, 2011 Letter, the OCC stated, "The OCC does not have the authority to intervene in such matters. We have previously responded to you on July 16, 2008, January 7, 2009 and June 30, 2011. Our position has not changed. We will no longer respond to phone calls or correspondences regarding this issue. This letter represents our final response."
5. August 30, 2011 Letter, the OCC stated, "As your dispute with the bank involves a business loan and therefore is governed by the contract signed between you and the bank, consumer compliance laws do not apply."
Furthermore, as we have repeatedly told you, the amortization schedules that we provided to you on May 6, 2011 were prepared by Santa Barbara Bank & Trust employees, not by any of the attorneys in this office, this office simply delivered them to you. Thus, your claim that "Neither You [Robert Forouzandeh] nor Diana Jessup Lee are qualified to prepare Santa Barbara Bank & Trust amortization schedules" is simply incorrect. Also, we provided you with 2 amortization schedules simply as a courtesy to you and to extend additional benefits in Schedule #2 to you which you were not entitled to as a gesture of good faith and in an effort to settle this matter.
Lastly, you have not provided any information or evidence which would lead Santa Barbara Bank & Trust to either rescind the most recent notice of default or to suspend the currently scheduled Trustee Sale from proceeding.
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
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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.
Attorney General Complaint showing Santa Barbara Bank & Trust Fraud! Peggy E. Gustafson, Inspector General for the SBA PDF
Santa Barbara Bank & Trust Fraud and Breach of Contract going back to 2003 with the full knowledge of the California SBA. The public can help by asking the questions below of the SBA known to the OIG and Grady Hedgespeth on October 1, 2011. Please review the following PDF documents showing Santa Barbara Bank & Trust Fraud and Breach of Contract.
ODIC Environmental PDF June 20, 2007 OIG Complaint #20110484 and 20120076 PDF
Santa Barbara Bank & Trust changing 2003 signed SBA Documents (SBA SBBT Fraud PDF) on the Oceano Nursery SBA Loan.
Grady Hedgespeth, Asso. Administrator for Financial Assistance,SBA Fraud PDF
Public records request of the U. S. Small Business Administration with Santa Barbara Bank & Trust Fraud in changing documents as seen in these two SBA Loan Analysis Presentationss PDF
Fresno SBA FOIA Request per Santa Barbara Bank & Trust Fraud & Breach of Contract. Sacramento SBA FOIA Freedom of Information ACT PDF
Questions asked of Santa Barbara Bank & Trust per the Oceano Nursery SBA PLP Loan # 664-196-4009 Santa Barbara Bank & Trust Amortization Documents
Rejected SBA FOIA Request PDF
Santa Barbara Bank & Trust Falsified 2007 Phase 1 PDF
National News Media, CBS, NBC, ABC, Looking into the SBA PLP Loan Program-- www.sbaquestions.net
From: Bill Bookout [mailto:Pismobeachdiveshop@charter.net]
Sent: Wednesday, December 14, 2011 1:30 PM
To: 'Karen Grant'
Cc: 'Richard Rossi'
Subject: RE: Santa Barbara Bank & Trust Loan Fraud and Breach of Contract SBA PLP Loan # 664-196-4009 Office of Inspector General
December 13, 2011
Karen L. Grant
California State Bar # 122084
924 Anacapa Street, Ste 1M
Santa Barbara, Ca 93101
1-805-962-4413
Dear Mrs. Karen L. Grant,
Please provide Robert Forouzandeh, California State Bar # 247177, comments to Judge Robin L. Riblet at our hearing on December 16, 2011. Please see that the questions asked below are answered by you or Santa Barbara Bank & Trust to myself and to Judge Robin L. Riblet.
Explain to Judge Robin L. Riblet as to how Santa Barbara Bank & Trust did not pay any principal in 2007 to my SBA Loan that has now been rescinded! Please provide Judge Robin L. Riblet with the August 29, 2011 SBA Form 1149 that has been prepared by Vice President Sandra Sheffield!
Sincerely
Bill Bookout
CC Judge Robin L. Riblet
From: Bill Bookout [mailto:Pismobeachdiveshop@charter.net]
Sent: Wednesday, December 14, 2011 1:06 PM
To: 'Robert Forouzandeh'
Cc: 'Richard Rossi'; 'Chris Gautschi'; 'cj.ward@keyt.com'; 'velie@calcoastnews.com'; Weber, Tad - SLO; 'rmiller@newtimesslo.com'; 'lol@rsmediate.com'; 'Senator.Blakeslee@senate.ca.gov'; 'tyler@independent.com'; 'avw@newspress.com'; 'dkatich@newspress.com'; 'wmccaw@newspress.com'; 'Karen Grant'
Subject: RE: Santa Barbara Bank & Trust Loan Fraud and Breach of Contract SBA PLP Loan # 664-196-4009 Office of Inspector General
December 14, 2011
Robert B. Forouzandeh
Attorney at Law
Reicker, Pfau, Pyle & McRoy LLP
1421 State Street, Suite B
Santa Barbara, CA 93101
Tel: 805-966-2440
Robert Forouzandeh, California State Bar # 247177,
I have attached above documents for Judge Robin L. Riblet to see from your response in regards to asking banking questions of Santa Barbara Bank & Trust. “This email is a direct communication by you to SBBT in violation of the Restraining Order issued against you by the Santa Barbara Superior Court on June 27, 2011 which expressly prohibits you from directly contacting anyone employed by or on the board of directors of SBBT other than Diana Jessup Lee or myself.” Why is Santa Barbara Bank & Trust trying to defraud me of $45,171.20 of money not owed Santa Barbara Bank & Trust?
Please provide a Santa Barbara Bank & Trust Computerized, November and December 2011(Payment Notices) and restore the Santa Barbara Bank & Trust online Banking! Please provide to myself and Judge Robin L. Riblet, as you say “The correct information has been repeatedly provided and explained to you.”
I have attached Karen Grant California State Bar # 122084 as she should be fully aware of the Fraudulent (Proof of Claim) that she has presented to Judge Robin L. Riblet to be accurate!
Once again, Can you explain as to why Santa Barbara Bank & Trust would want to file a restraining order for asking questions of the Fraudulent May 19, 2011 Notice of Default filed by Santa Barbara Bank & Trust? Please review response above to the Santa Barbara Court!
Attached below is a copy of the previous online accounting showing Santa Barbara Bank & Trusts Fraudulent accounting since 7/31/08.
1) Explain as to why Santa Barbara Bank & Trust would charge a monthly Payment of $4,121.06?
2) Explain as to why Santa Barbara Bank & Trust would pay late fees with extra principal paid Santa Barbara Bank & Trust against the 2007 forbearance and workout agreement?
3) Explain as to why Santa Barbara Bank & Trust paid the deferred payments from 2006/2007 and then in the May 19, 2011 Notice of Default claimed that Santa Barbara Bank & Trust was owed $45,171.20?
4) Do you and Santa Barbara Bank & Trust fully agree with the amortization schedule below to Richard Rossi on December 12, 2011?
5) Has Santa Barbara Bank & Trust prepared a different accounting since removing the fraudulent Santa Barbara Bank & Trust online accounting?
6) Santa Barbara Bank & Trust in 2007 overcharged the Oceano Nursery SBA Loan $461.11 per month! How was this accounted for in the May 19, 2011 NOD?
7) Santa Barbara Bank & Trust in 2008 overcharged the Oceano Nursery SBA Loan $549.15 per month! How was this accounted for in the May 19, 2011 NOD?
8) Santa Barbara Bank & Trust in 2009 overcharged the Oceano Nursery SBA Loan $626.96 per month! How was this accounted for in the May 19, 2011 NOD?
9) Santa Barbara Bank & Trust in 2011 overcharged the Oceano Nursery SBA Loan $427.54 per month in October and November!
10) Robert Forouzandeh, California State Bar # 247177 why would Santa Barbara Bank & Trust Steal the principal from the five payments made in 2007 as seen in the May 5, 2011 amortization schedules prepared by Santa Barbara Bank & Trust?
Robert Forouzandeh, California State Bar # 247177; Please provide a Santa Barbara Bank & Trust Computerized, November and December 2011(Payment Notices) and restore the Santa Barbara Bank & Trust online Banking by December 15, 2011!
Sincerely
Bill Bookout
CC Judge Robin L. Riblet
CC Karen L. Grant
CC Richard Rossi
CC Chris Gautschi
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.
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
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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, December 14, 2011 7:25 AM
To: Robert Forouzandeh
Cc: 'Richard Rossi'; cj.ward@keyt.com; lol@rsmediate.com; rmiller@newtimesslo.com; Weber, Tad - SLO; velie@calcoastnews.com; 'Chris Gautschi'
Subject: RE: Santa Barbara Bank & Trust Loan Fraud and Breach of Contract SBA PLP Loan # 664-196-4009 Office of Inspector General
December 14, 2011
Robert B. Forouzandeh
Attorney at Law
Reicker, Pfau, Pyle & McRoy LLP
1421 State Street, Suite B
Santa Barbara, CA 93101
Tel: 805-966-2440
Robert Forouzandeh, California State Bar # 247177,
Yes, it does seem that I sent an online message after finding out that the Santa Barbara Bank & Trust online accounting for my Oceano Nursery, SBA loan had been taken off line! Please read message below from Ned. I ask that you provide this email to Ned!
Can you or Santa Barbara Bank & Trust, explain as to why Santa Barbara Bank & Trust has removed the online accounting for the Oceano Nursery SBA Loan? Is this because Santa Barbara Bank & Trust realizes their fraudulent actions in overcharging this SBA Loan since 2003 as seen in SBA Form 1149 prepared by Vice President Sandra Sheffield on August 29, 2011?
Can you explain as to why Santa Barbara Bank & Trust would want to file a restraining order for asking questions of the Fraudulent May 19, 2011 Notice of Default filed by Santa Barbara Bank & Trust?
Attached below is a copy of the previous online accounting showing Santa Barbara Bank & Trusts Fraudulent accounting since 7/31/08. Explain as to why Santa Barbara Bank & Trust would charge a monthly Payment of $4,121.06? Explain as to why Santa Barbara Bank & Trust would pay late fees with extra principal paid Santa Barbara Bank & Trust? Explain as to why Santa Barbara Bank & Trust paid the deferred payments from 2006/2007 and then in the May 19, 2011 Notice of Default claimed that Santa Barbara Bank & Trust was owed $45,171.20?
Do you and Santa Barbara Bank & Trust fully agree with the amortization schedule below to Richard Rossi on December 12, 2011? Has Santa Barbara Bank & Trust prepared a different accounting since removing the fraudulent Santa Barbara Bank & Trust online accounting?
Sincerely
Bill Bookout
Dear William Bookout,
Thank you for your e-mail. Can you please provide us with more information than simply the web address www.sbaplploans.com. We are not sure what you would like us to do with this information and we do not see any previous communication about this.
We would be happy to assist you in any way we can. Please let us know what you are seeking.
If you have any further questions, please reply to this message or contact Customer Service at 1-888-400-7228 Monday-Friday 7am-7pm (Pacific Time) and Saturday 8am-5pm (Pacific Time).
Sincerely,
Ned with Online
Customer Service
--- Original Message ---
Sent: 12/12/2011 12:41:19 PM
To: PCBSB
Subject: Account Information Request
From: Robert Forouzandeh [mailto:rforouzandeh@rppmh.com]
Sent: Tuesday, December 13, 2011 5:22 PM
To: Bill Bookout
Cc: Diana Lee; Richard Rossi; sanschromo@yahoo.com
Subject: RE: Violation of Santa Barbara Bank and Trust Restraining Order - William Bookout
Mr. Bookout:
I would be more than happy to explain. The email that I am referring to is an email that you sent on December 12, 2011 at approximately 12:40pm on Santa Barbara Bank and Trust's Online Banking website to Santa Barbara Bank and Trust's online customer service department. The only recipient of the email was Santa Barbara Bank and Trust's online customer service department.
The subject line of the email was "Account Information Request" and the content of the email only included a url link to one of your websites and nothing else.
Please advise if you have any further questions on this issue.
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
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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, December 13, 2011 5:08 PM
To: Robert Forouzandeh
Cc: velie@calcoastnews.com; Diana Lee; Weber, Tad - SLO; Senator.Blakeslee@senate.ca.gov; tyler@independent.com; avw@newspress.com; dkatich@newspress.com; wmccaw@newspress.com; 'Ashker, Terrill K.'
Subject: RE: Santa Barbara Bank & Trust Loan Fraud and Breach of Contract SBA PLP Loan # 664-196-4009 Office of Inspector General
December 13, 2011
Robert B. Forouzandeh
Attorney at Law
Reicker, Pfau, Pyle & McRoy LLP
1421 State Street, Suite B
Santa Barbara, CA 93101
Tel: 805-966-2440
Robert Forouzandeh, California State Bar # 247177,
Can you explain which email below you are referring to? Is the Santa Barbara New Press the one you are referring?
Sincerely
Bill Bookout
From: Bill Bookout [mailto:Pismobeachdiveshop@charter.net]
Sent: Tuesday, December 13, 2011 4:06 PM
To: 'rmiller@newtimesslo.com'
Cc: 'Robert Forouzandeh'; 'Richard Rossi'; 'Chris Gautschi'; 'velie@calcoastnews.com'; 'Diana Lee'; Weber, Tad - SLO; 'Senator.Blakeslee@senate.ca.gov'; 'tyler@independent.com'; 'avw@newspress.com'; 'dkatich@newspress.com'; 'wmccaw@newspress.com'; 'Ashker, Terrill K.'
Subject: RE: Santa Barbara Bank & Trust Loan Fraud and Breach of Contract SBA PLP Loan # 664-196-4009 Office of Inspector General
December 13, 2011
San Luis Obispo New Times
Cal Coast News
Telegram Tribune
Santa Barbara News Press
Please read the Santa Barbara Bank & Trust (Restraining Order Threat) from Santa Barbara Bank & Trust for asking for a loan accounting for the Oceano Nursery SBA Loan. Please note that I have not contacted any of the Santa Barbara Bank & Trust Board of Directors as seen below or employees!
I am no longer able to ask any Banking questions of Santa Barbara Bank & Trust. Can you help in seeing that the banking questions below are answered? This now need to be made public as to how Santa Barbara Bank & Trust has put Oceano Nursery out of Business! Why would a California Bank falsify an amortization schedule, against SBA Form 147 Note?
The News Medias Help is now needed in saving Pismo Beach Surf Shop and Pismo Beach Dive Shop from Santa Barbara Bank & Trust SBA Loan Fraud since 2003!
I would like to once again Re-Open Oceano Nursery and your help is now needed!
Sincerely
Bill Bookout
From: Robert Forouzandeh [mailto:rforouzandeh@rppmh.com]
Sent: Tuesday, December 13, 2011 2:51 PM
To: Bill Bookout
Cc: Richard Rossi; sanschromo@yahoo.com
Subject: Violation of Santa Barbara Bank and Trust Restraining Order - William Bookout
Mr. Bookout,
On December 12, 2011 at approximately 12:40pm, you sent an email directly to Santa Barbara Bank and Trust ("SBBT") titled "Account Information Request" which included an internet url link to one of your websites in the body of the message. This email is a direct communication by you to SBBT in violation of the Restraining Order issued against you by the Santa Barbara Superior Court on June 27, 2011 which expressly prohibits you from directly contacting anyone employed by or on the board of directors of SBBT other than Diana Jessup Lee or myself.
This will be your one and only warning. If you violate the Restraining Order again, we will report it to the Santa Barbara Superior Court and seek contempt charges against you which could result in fines levied against you and/or your imprisonment.
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, December 13, 2011 8:19 AM
To: 'Richard Rossi'
Cc: 'Chris Gautschi'; 'Kaplan, Adam D.(Off. Inspector Gen.)'; 'Ashker, Terrill K.'; 'carlos.mendoza@sba.gov'; 'Hobby, Jill C.'; 'Mazzoni, Sandra E. (Off. Inspector Gen.)'; 'kari.overson@sba.gov'; 'Karen Grant'; 'Thomas Cregger'; 'Bob Johnston'
Subject: RE: Santa Barbara Bank & Trust Loan Fraud and Breach of Contract SBA PLP Loan # 664-196-4009 Office of Inspector General
December 13, 2011
Dear Mr. Richard Rossi,
Judge Robin L. Riblet, commented at the last hearing about the Inverse Condemnation of Oceano Nursery.
Please inform Judge Robin L. Riblet that Santa Barbara Bank & Trust required in the 2003 Deed of Trust on Page 4. to Fight Inverse Condemnation. The Judgments either need to be dismissed or Santa Barbara Bank & Trust and the SBA needs to pay these judgments per the 2003 SBA Loan Deed of Trust requirement to Fight Inverse Condemnation! The 2007 Forbearance and Workout Agreement also acknowledges the Inverse Condemnation as commented on by Judge Robin L, Riblet.
I have attached Thomas Gregger of the Union Pacific Rail Road as he needs to be fully aware of this Deed of Trust Requirement to Fight Inverse Condemnation as required by Santa Barbara Bank & Trust! Mr. Gregger needs to be aware of the 2007 Forbearance & Workout Agreement.
Judge Robin L. Riblet needs to review the May 5, 2011 Amortization Schedule that Santa Barbara Bank & Trust prepared without using the Santa Barbara Bank & Trust Computer system. At the top Santa Barbara Bank & Trust has Stolen any Principal from the five payments totaling $22,274.66. This shows this Santa Barbara Bank & Trust accounting to be fraudulent!
Judge Robin L. Riblet needs to review the $45,171.20 claimed by Santa Barbara Bank & Trust as (Payment Notices and online accounting does not back up this $45,171.20) Again this is banking fraud by Santa Barbara Bank & Trust.
I am copying Karen Grant as she will need to explain Santa Barbara Bank & Trusts actions to Judge Robin L. Riblet. I am again requesting for a December 2011 Payment Notice from Santa Barbara Bank & Trust! Please inform Judge Robin L. Riblet that Santa Barbara Bank & Trust has removed the online banking as seen below in the December 2, 2011 email to Mr. Robert Forouzandeh and Diana Jessup Lee!
Santa Barbara Bank & Trust in 2007 overcharged the Oceano Nursery SBA Loan $461.11 per month!
Santa Barbara Bank & Trust in 2008 overcharged the Oceano Nursery SBA Loan $549.15 per month!
Santa Barbara Bank & Trust in 2009 overcharged the Oceano Nursery SBA Loan $626.96 per month!
Santa Barbara Bank & Trust in 2011 overcharged the Oceano Nursery SBA Loan $427.54 per month in October and November!
Judge Robin L. Riblet needs to have full knowledge of Santa Barbara Bank & Trusts Fraudulent SBA PLP Loan actions! I would ask that Judge Robin L. Riblet reviews the May 6, 2011 accounting letter by Diana Jessup Lee and then the May 19, 2011 accounting in an attempt to show the Santa Barbara Bank & Trust amortization schedule to be accurate! These documents are Fraudulent and have caused this Bankruptcy and the $7,625.00 in Attorney fees!
Sincerely
Bill Bookout
From: Bill Bookout [mailto:Pismobeachdiveshop@charter.net]
Sent: Monday, December 12, 2011 6:49 PM
To: 'Richard Rossi'
Cc: 'Chris Gautschi'; 'Kaplan, Adam D.(Off. Inspector Gen.)'; 'Ashker, Terrill K.'; 'carlos.mendoza@sba.gov'; 'Hobby, Jill C.'; 'Mazzoni, Sandra E. (Off. Inspector Gen.)'; 'kari.overson@sba.gov'
Subject: RE: Santa Barbara Bank & Trust Loan Fraud and Breach of Contract SBA PLP Loan # 664-196-4009 Office of Inspector General
December 12, 2011
Dear Mr. Richard Rossi,
RE: Santa Barbara Bank & Trusts amortization schedule attached. Full Proper Amortization Schedule below! Per your email. “Dear Bill, to save me time, please forward via email again both your amortization schedule and the bank's amortization schedule. As I requested in my earlier email to you, please provide your "notes" explaining each way in which the schedules differ and the reasons why your numbers are correct. Thank you. RRossi”
Santa Barbara Bank & Trust still does not want to provide a computerized (Payment Notice for the November and December 2011 Payments) Please provide the attached documents to Judge Robin L. Riblet for our December 16, 2011 hearing.
Please explain to Judge Robin L. Riblet, the fraudulent actions by Santa Barbara Bank & Trust as presented below for our December 16, 2011 hearing!
As you have requested on December 12, 2011, an Amortization Schedule, please review the undisputed amortization schedule, below dated December 5, 2011 to Diana Jessup Lee.
In reviewing the mistakes that have been made by Santa Barbara Bank & Trust; with Robert Forouzandeh’s, emails below on November 30, 2011, November 23, 2011 and November 18, 2011. We have done a recalculation of the Oceano Nursery SBA Loan per the January 14, 2011 and May 19, 2011 Notice of Default Mistakes by Santa Barbara Bank & Trust.
It would appear that with Santa Barbara Bank & Trusts claim of deferred payments of $45,171.20 owed SBBT as of July 6, 2007, that this SBA loan should have been amortized down from $420,024.30. This would have meant that the August 6, 2007 SBBT payment should have been $3,659.96 instead of the $4,121.06 payment that has been charged by Santa Barbara Bank & Trust up to November 2011! This mistake that has been made by Santa Barbara Bank & Trust would be a monthly overcharge of the SBA Loan by $461.11 in 2007
Santa Barbara Bank & Trust now needs to account for this mistake as $461.11 per month of business working capital and a lower monthly payment, would have allowed Oceano Nursery to have stayed in business and kept the 631 Lake Street House. These issues can be handled in future litigation.
Santa Barbara Bank & Trusts, Robert Forouzandeh, on November 23, 2011 has finally acknowledged SBA Form 147 Note as presented to Judge Robin L. Riblet by Santa Barbara Bank & Trust Stating: “Lender must adjust the payment amount at least annually as needed to amortize principal over the remaining term of the note.” This was not done in 2007, 2008, 2009, 2010 or 2011 until partly seen in the Santa Barbara Bank & Trust October 28, 2011 (Proof Of Claim)! Please review the September 23, 2011 Santa Barbara Bank & Trust (Payment Notice) attached showing that Santa Barbara Bank & Trust was charging a monthly payment of $4,121.06 up to October 2011 against their (Proof of Claim)!!
Please note that the (Proof of Claim) going forward will not be allowed to add deferred principal as Santa Barbara Bank & Trust has done with their October 28, 2011 (Proof of Claim) Any 2006/2007 Deferred payments can only show interest owed. The Regular payments owed from January 6, 2010 to September 6, 2011 can only show interest with SBA From 147 Note being recalculated from October 2011 of $3,693.52 per month. This will amortize the SBA Loan out to its proper pay off date of October 6, 2021. Santa Barbara Bank & Trust will have to remove themselves from the second on the 470 Price Street property so as the Balloon payment coming due on this property can be refinanced!
|
Oct. 2011 |
$3,693.52 |
$2,177.90 |
$1,515.62 |
$1,515.62 |
$344,250.18 |
|
Principal: |
$420024.30 |
|
Interest Rate: |
6% |
|
Loan Term: |
171 months |
|
Number of Payments: |
171 |
|
Monthly Payment: |
$3,659.96 |
|
Total Principal Paid: |
$420,024.30 |
|
Total Interest Paid: |
$205,829.01 |
|
Total Paid: |
$625,853.31 |
The mistakes by Santa Barbara Bank & Trust with not reducing $5,200.00 of loan principal for the first five payments owed per the 2007 forbearance & workout agreement and the extra principal paid of $2,236.82 in July 2007; shows the Santa Barbara Bank & Trust SBA Loan Balance as of the December 2007 should have been $402,231.32 per SBA Form 147 Note as now acknowledged by Robert Forouzandeh, on November 23, 2011 as stated: “Forbearance Agreement and the date of the Proof of Claim with the loan being re-amortized on a yearly basis per SBA loan rules”
Amortization table for $420,024.30 borrowed on Jul 06, 2007
|
Santa Barbara Bank & Trust continued making SBA Form 147 Note mistakes in 2008 by ignoring SBA Form 147 Note and not re-amortizing the new 2008 balance of $402,231.32 with the additional principal paid in 2007 of $2,236.82. In 2008 according to SBA Rules “re-amortized on a yearly basis per SBA loan rules” per SBA Form 147 Noted by Robert Forouzandeh on November 23, 2011, this Santa Barbara Bank & Trust SBA Loan should have been re-amortized with a monthly payment in 2008 of $3,571.91 instead of the Santa Barbara Bank & Trust (Payment Notice) and SBA Form 1149 payment of $4,121.06! This amount shows that in 2008 Santa Barbara Bank & Trust has overcharged the Oceano Nursery SBA Loan by $549.15 dollars per month! Extra Principal in 2008 paid and not accounted for by Santa Barbara Bank & Trust is $1,553.58
Amortization table for $402,231.32 borrowed on Dec 06, 2007
|
Santa Barbara Bank & Trust in their mistakes in ignoring the SBA Form 147 Note Rules “re-amortized on a yearly basis per SBA loan rules” As noted by Robert Forouzandeh on November 23, 2011 would have reduced the SBA loan down to $374,635.32 with the December 6, 2008 payment. This amount starting in 2009 according to SBA Form 147 Rules as stated by Robert Forouzandeh “re-amortized on a yearly basis per SBA loan rules” Would have been a Monthly SBA Loan payment of $3,494.10 in 2009. This is a monthly over payment to Santa Barbara Bank & Trust in 2009 was $626.96
|
Principal: |
$374635.32 |
|
Interest Rate: |
6% |
|
Loan Term: |
154 months |
|
Number of Payments: |
154 |
|
Monthly Payment: |
$3,494.10 |
|
Total Principal Paid: |
$374,635.32 |
|
Total Interest Paid: |
$163,455.36 |
|
Total Paid: |
$538,090.68 |
Santa Barbara Bank & Trust in their mistakes in ignoring the SBA Form 147 Note “re-amortized on a yearly basis per SBA loan rules” As noted by Robert Forouzandeh on November 23, 2011 would have reduced the SBA loan down to $374,635.32 with the December 6, 2008 payment for 2008. In January 2009 the SBA loan Balance would have been $372,387.44 and with extra principal paid in 2009 of $473.64, the principal balance to have been re-amortized in 2011 under SBA Form 147 Note Rules as noted by Robert Forouzandeh. “re-amortized on a yearly basis per SBA loan rules” Would have been $346,428.08 with a new monthly payment of $3,413.18 beginning on January 6, 2010!
Amortization table for $374,635.32 borrowed on Dec 06, 2008
|
|
Principal: |
$346428.08 |
|
Interest Rate: |
6% |
|
Loan Term: |
142 months |
|
Number of Payments: |
142 |
|
Monthly Payment: |
$3,413.18 |
|
Total Principal Paid: |
$346,428.08 |
|
Total Interest Paid: |
$138,244.00 |
|
Total Paid: |
$484,672.08 |
Santa Barbara Bank & Trust in their mistakes in ignoring the SBA Form 147 Note Rules “re-amortized on a yearly basis per SBA loan rules” As noted by Robert Forouzandeh on November 23, 2011 would have reduced the SBA loan payment down by $700.88 on January 6, 2011 if Santa Barbara Bank & Trust had followed the “SBA loan rules” As noted by Robert Forouzandeh on November 23, 2011. The Santa Barbara Bank & Trust loan payment for Oceano Nursery on January 6, 2010 would have been $3,413.18 and the deferred payments that Santa Barbara Bank & Trust has claimed owed to SBBT would still be owed!
With Santa Barbara Bank & Trusts claim to Judge Robin L. Riblet according to SBA Form 147 Note Rules and a interest rate of 5.25% the monthly payment from October 6, 2011 would be $3,693.52 instead of the $4,077.32 that Santa Barbara Bank & Trust has claimed to Judge Robin L. Riblet! This is $383.80 per month that Santa Barbara Bank & Trust has charged for October and November 2011 payments!
|
Principal: |
$346428.08 |
|
Interest Rate: |
5.25% |
|
Loan Term: |
121 months |
|
Number of Payments: |
121 |
|
Monthly Payment: |
$3,693.52 |
|
Total Principal Paid: |
$346,428.08 |
|
Total Interest Paid: |
$100,487.69 |
|
Total Paid: |
$446,915.77 |
Amortization table for $346,428.08 borrowed on Sep 06, 2011
|
The above amortization per SBA Form 147 Note changes Santa Barbara Bank & Trusts claimed $82,162.79 owed per regular payments past due!
The $45,171.20 claimed by Santa Barbara Bank & Trust in deferred and Defaulted payments is fraudulent per Santa Barbara Bank & Trust (Payment Notice) from 2006 and 2007!
Please provide Santa Barbara Bank & Trusts computerized records above to Judge Robin L. Riblet.
SBA Form 1149
The October 26, 2010 Demand Statement from Santa Barbara Bank & Trust including any and all Deferred and Defaulted payments from 2006 and 2007 per Santa Barbara Bank & Trusts claim of $45,171.20 had been paid.
The September 30, 2008 Santa Barbara Bank & Trust letter to the SBA showing that all 2006 and 2007 payments to Santa Barbara Bank & Trusts claim of $45,171.20 had been paid.
Provide the June 23, 2007 Computerized (Payment Notice) showing the Santa Barbara Bank & Trust amortization schedule to be fraudulent! This is backed up in the July 4, 2007 online accounting and July 17, 2007 online accounting to be presented to Judge Robin L. Riblet.
Please provide the emails below from Santa Barbara Bank & Trust to Judge Robin L. Riblet. I ask that Santa Barbara Bank & Trust receive the full penalty for presenting a fraudulent claim to the United States Bankruptcy Court of $500,000.00 under 18 U.S.C.~~152 and 3571. I am asking for my Attorney Fees of $7,625.00 from Santa Barbara Bank & Trust.
I am requesting that the Second on the 470 Price Street property be immediately removed so that this property may be refinanced as a Balloon payment is coming due on the 470 Price Street property as known to Santa Barbara Bank & Trust.
Sincerely
Bill Bookout
CC Judge Robin L. Riblet---Exhibit # 22 RE: Santa Barbara Bank & Trust False Proof Of Claim 10/28/2011
CC Chris Gautschi [sanschromo@yahoo.com]
CC Adam D. Kaplan Office of Inspector General OIG complaint ID # 20110484—20120076
CC Sandra Mazzoni Office of Inspector General OIG complaint ID # 20110484—20120076
CC Kari Overson, Office of Inspector General OIG complaint ID # 20110484—20120076
From: Richard Rossi [mailto:richard@rossilegal.com]
Sent: Monday, December 12, 2011 4:18 PM
To: Bill Bookout
Subject: Re: Santa Barbara Bank & Trust Loan Fraud and Breach of Contract SBA PLP Loan # 664-196-4009 Office of Inspector General
Dear Bill, to save me time, please forward via email again both your amortization schedule and the bank's amortization schedule. As I requested in my earlier email to you, please provide your "notes" explaining each way in which the schedules differ and the reasons why your numbers are correct. Thank you. RRossi
----- Original Message -----
From: Bill Bookout
Cc: 'Kaplan, Adam D.(Off. Inspector Gen.)' ; 'Mazzoni, Sandra E. (Off. Inspector Gen.)' ; wmccaw@newspress.com ; dkatich@newspress.com ; avw@newspress.com ; tyler@independent.com ; 'Bob Johnston' ; 'Richard Rossi' ; rmiller@newtimesslo.com ; velie@calcoastnews.com ; 'Hobby, Jill C.' ; Hien.Nguyen@sba.gov ; carlos.mendoza@sba.gov ; 'Ashker, Terrill K.'
Sent: Monday, December 12, 2011 2:07 PM
Subject: RE: Santa Barbara Bank & Trust Loan Fraud and Breach of Contract SBA PLP Loan # 664-196-4009 Office of Inspector General
December 12, 2011
Kari Overson,
Office of Inspector General OIG complaint ID # 20110484—20120076
1-253-835-7988
In talking with Sandra Mazzoni (1-818-552-9242) of the Office of Inspector General OIG today; it sounds as if the SBA has purchased the guaranteed portion of this SBA PLP loan # 664-196-4009 from Santa Barbara Bank & Trust per their request from SBA Form 1149 dated August 29, 2011. Is this correct?
Attached above is the Balloon payment for the 470 Price Street property that is coming due. How will the SBA be handling this Balloon Payment?
Sincerely
Bill Bookout
1-805-773-2089
CC Adam D. Kaplan Office of Inspector General OIG complaint ID # 20110484—20120076
CC Sandra Mazzoni Office of Inspector General OIG complaint ID # 20110484—20120076
CC Kari Overson, Office of Inspector General OIG complaint ID # 20110484—20120076
From: Bill Bookout [mailto:Pismobeachdiveshop@charter.net]
Sent: Monday, December 12, 2011 12:27 PM
To: 'wmccaw@newspress.com'
Cc: 'avw@newspress.com'; 'dkatich@newspress.com'; 'tyler@independent.com'; 'lol@rsmediate.com'; 'Karen Grant'; 'Robert Forouzandeh'; 'Diana Lee'; 'Richard Rossi'; 'Chris Gautschi'; 'Senator.Blakeslee@senate.ca.gov'; 'Mazzoni, Sandra E. (Off. Inspector Gen.)'; 'kari.overson@sba.gov'; 'Kaplan, Adam D.(Off. Inspector Gen.)'
Subject: RE: Santa Barbara Bank & Trust Loan Fraud and Breach of Contract SBA PLP Loan # 664-196-4009 Office of Inspector General
Santa Barbara New Press
The News Story Below affects every resident of Santa Barbara in one way or another.
Please review the Santa Barbara Bank & Trusts communication at www.governorjerrybrown.net and www.sbaplploans.com making this a news story, that should be herd nationally!
San Luis Obispo County Residents have lost Oceano Nursery and may now loose Pismo Beach Dive Shop, Plumerias Garden & Gifts, and Pismo Beach Surf Shop if Santa Barbara Bank & Trust is allowed to fraudulently claim that they are owed $45,171.20 in a May 19, 2011 Notice of Default as presented to Judge Robin L. Riblet in a October 28, 2011 Proof of Claim.
It is now time to show what SBA Loan Fraud is per Santa Barbara Bank & Trusts own documents as seen at www.governorjerrybrown.net and www.sbaplploans.com
Sincerely
Bill Bookout
1-805-773-2089
CC Adam D. Kaplan Office of Inspector General OIG complaint ID # 20110484—20120076
CC Sandra Mazzoni Office of Inspector General OIG complaint ID # 20110484—20120076
CC Kari Overson, Office of Inspector General OIG complaint ID # 20110484—20120076
From: Bill Bookout [mailto:Pismobeachdiveshop@charter.net]
Sent: Monday, December 12, 2011 11:40 AM
To: 'tyler@independent.com'
Cc: 'Karen Grant'; 'Robert Forouzandeh'; 'Diana Lee'; 'Richard Rossi'; 'Chris Gautschi'; 'Senator.Blakeslee@senate.ca.gov'; 'Mazzoni, Sandra E. (Off. Inspector Gen.)'; 'kari.overson@sba.gov'; 'Kaplan, Adam D.(Off. Inspector Gen.)'
Subject: RE: Santa Barbara Bank & Trust Loan Fraud and Breach of Contract SBA PLP Loan # 664-196-4009 Office of Inspector General
Santa Barbara Independent
1-965-5205 Ext. 147
Tyler Hayden,
Bank Fraud and Breach of Contract by Santa Barbara Bank & Trust as seen at www.governorjerrybrown.net and www.sbaplploans.com
On December 16, 2011 at the Santa Barbara Bankruptcy Court will be a hearing regarding Santa Barbara Bank & Trust. Attached is the Attorney representing Santa Barbara Bank & Trust (Karen L. Grant). I have asked my Attorney (Richard Rossi) to provide the email communication below to Judge Robin L. Riblet showing Santa Barbara Bank & Trusts fraudulent claim of $45,171.20 owed Santa Barbara Bank & Trust as Santa Barbara Bank & Trust, had prepared in a May 19, 2011 Notice of Default. This action by Santa Barbara Bank & Trust has cost $7,625.00 in Attorney Fees and is affecting my business reputation in Pismo Beach! Pismo Beach Surf Shop and Pismo Beach Dive Shop should not of had to file Chapter 13 Bankruptcy for fraudulent actions by Santa Barbara Bank & Trust as seen below!
Please review the email communication below as no SBA PLP Business loan should be treated the way Santa Barbara Bank & Trust has the Oceano Nursery SBA Loan!
Also affected are Pismo Beach Dive Shop, Plumerias Garden & Gifts and Pismo Beach Surf Shop.
I am hoping that the Santa Barbara Independent can get an accounting from Santa Barbara Bank & Trust through a story that may affect a lot of residents in Santa Barbara County as Santa Barbara Bank & Trust refuses to provide a computerized accounting of the Oceano Nursery SBA Loan!
Please review the December 11, 2011 email to the Office of the United States Trustee below. Santa Barbara Bank & Trusts actions have been turned in to the Office of Inspector General OIG complaint ID # 20110484—20120076. The SBA is fully aware of the actions by Santa Barbara Bank & Trust against SBA Form 147 Note!
Sincerely
Bill Bookout
1-805-773-2089
CC Adam D. Kaplan Office of Inspector General OIG complaint ID # 20110484—20120076
CC Sandra Mazzoni Office of Inspector General OIG complaint ID # 20110484—20120076
CC Kari Overson, Office of Inspector General OIG complaint ID # 20110484—20120076
From: Bill Bookout [mailto:Pismobeachdiveshop@charter.net]
Sent: Monday, December 12, 2011 8:40 AM
To: 'Karen Grant'
Cc: 'USTP.Bankruptcy.Fraud@usdoj.gov'; 'Richard Rossi'; 'Chris Gautschi'; 'cj.ward@keyt.com'; 'rmiller@newtimesslo.com'; 'velie@calcoastnews.com'
Subject: RE: Santa Barbara Bank & Trust Loan Fraud and Breach of Contract SBA PLP Loan # 664-196-4009 Office of Inspector General
December 12, 2011
Karen L. Grant
California State Bar # 122084
924 Anacapa Street, Ste 1M
Santa Barbara, Ca 93101
1-805-962-4413
Dear Mrs. Karen L. Grant,
In the Santa Barbara Bank & Trust September 23, 2011 Computerized (Payment Notice). Can you explain to Judge Robin L. Riblet and the United States Bankruptcy Court, as to how Santa Barbara Bank & Trust came up with $45,171.20 in their proof of claim to Judge Robin L. Riblet?
Santa Barbara Bank & Trust does not show $45,171.20 in deferred and defaulted payments for their October 6, 2011 (Payment Notice)! Why is Santa Barbara Bank & Trust now changing documents as presented to Judge Robin L. Riblet with your November 7, 2008 objection to claim?
Can you explain why Santa Barbara Bank & Trust on September 23, 2011 was claiming a monthly payment of $4,121.06 and on November 30, 2011 Robert Forouzandeh, States: “Your client is asking what his December 2011 payment to Santa Barbara Bank and Trust ("SBBT") should be. I would direct his attention to the Proof of Claim filed by SBBT in Mr. Bookout's bankruptcy proceeding, which states that Mr. Bookout's post-petition payments to Santa Barbara Bank & Trust should be $4,077.32.” ????? Please see that Santa Barbara Bank & Trust provides a Computerized (Payment Notice) for our Court hearing on December 16, 2011 in front of Judge Robin L. Riblet. Karen L. Grant, Please include this request of information asked of you and Santa Barbara Bank & Trust to the United States Bankruptcy Court!
Please provide a copy of the questions asked of you to the Santa Barbara Bank & Trust Board of Directors George Leis, Gerald J. Ford, Carl B. Webb, Richard A. Nightingale, John R. Mackall, Mark K. Olson, D. Vernon Horton, William R. Loomis, Edward E. Birch, Kathy J. Odell, Clayton C. Larson, Gordon J. Wahlgren and Mary Mascolo;
Sincerely
Bill Bookout
CC Richard Rossi
CC Judge Robin L. Riblet---Exhibit # 22 RE: Santa Barbara Bank & Trust False Proof Of Claim 10/28/2011
CC Karen L. Grant Attorney for Santa Barbara Bank & Trust
CC Chris Gautschi [sanschromo@yahoo.com]
From: Bill Bookout [mailto:Pismobeachdiveshop@charter.net]
Sent: Sunday, December 11, 2011 4:23 PM
To: 'Richard Rossi'
Cc: 'Robert Forouzandeh'; 'Diana Lee'; 'Chris Gautschi'; 'Karen Grant'; 'Thomas Cregger'; 'kari.overson@sba.gov'; 'lol@rsmediate.com'; 'Bob Johnston'; 'debra@rossilegal.com'; 'Senator.Blakeslee@senate.ca.gov'; 'Mazzoni, Sandra E. (Off. Inspector Gen.)'; 'kari.overson@sba.gov'; 'Kaplan, Adam D.(Off. Inspector Gen.)'
Subject: RE: Santa Barbara Bank & Trust Loan Fraud and Breach of Contract SBA PLP Loan # 664-196-4009 Office of Inspector General
December 11, 2011
Dear Mr. Richard Rossi,
Santa Barbara Bank & Trust still does not want to provide a computerized (Payment Notice for the November and December 2011 Payments) Please provide the attached documents to Judge Robin L. Riblet for our December 16, 2011 hearing.
Please explain to Judge Robin L. Riblet, the fraudulent actions by Santa Barbara Bank & Trust as presented below for our December 16, 2011 hearing!
Sincerely
Bill Bookout
CC Judge Robin L. Riblet---Exhibit # 22 RE: Santa Barbara Bank & Trust False Proof Of Claim 10/28/2011
CC Karen L. Grant Attorney for Santa Barbara Bank & Trust
CC Chris Gautschi [sanschromo@yahoo.com]
CC Diana Jessup Lee
CC Adam D. Kaplan Office of Inspector General OIG complaint ID # 20110484—20120076
CC Sandra Mazzoni Office of Inspector General OIG complaint ID # 20110484—20120076
CC Kari Overson, Office of Inspector General OIG complaint ID # 20110484—20120076
From: Bill Bookout [mailto:Pismobeachdiveshop@charter.net]
Sent: Sunday, December 11, 2011 3:57 PM
To: 'USTP.Bankruptcy.Fraud@usdoj.gov'
Cc: 'kari.overson@sba.gov'; 'Mazzoni, Sandra E. (Off. Inspector Gen.)'; 'cj.ward@keyt.com'; 'velie@calcoastnews.com'; 'Richard Rossi'; 'Chris Gautschi'; 'Karen Grant'; 'Kaplan, Adam D.(Off. Inspector Gen.)'; 'Diana Lee'; 'rmiller@newtimesslo.com'; 'econnolly@newtimesslo.com'; 'crigley@newtimesslo.com'; 'lol@rsmediate.com'; 'Hardy.Slay@sba.gov'; 'Hobby, Jill C.'; 'Hien.Nguyen@sba.gov'; 'Bob Johnston'; 'Thomas Cregger'; 'carlos.mendoza@sba.gov'
Subject: RE: Santa Barbara Bank & Trust Loan Fraud and Breach of Contract SBA PLP Loan # 664-196-4009 Office of Inspector General
December 11, 2011
Office of the United States Trustee
235 Pine Street, Suite 700
San Francisco, CA 94104-3401
Tel: (415) 705-3333
Fax: (415) 705-3379
Dear Office of the United States Trustee
I am reporting Santa Barbara Bank & Trust (Case # ND11-14393-Santa Barbara California) for their Fraudulent (Proof of Claim) to Judge Robin L. Riblet on October 28, 2011. Please review the email communication below from Robert Forouzandeh, California State Bar # 247177 on November 18, 2011, November 23, 2011 and November 30, 2011. I ask that Santa Barbara Bank & Trust receive the full penalty for presenting a fraudulent claim to the United States Bankruptcy Court of $500,000.00 under 18 U.S.C.~~152 and 3571.
Two Complaints have been filed with the Office of Inspector General OIG complaint ID # 20110484—20120076 for Santa Barbara Bank & Trust Fraudulent action going back to the beginning of SBA PLP Loan # 664-196-4009. Please see Office of Inspector General, copied and communication below.
Attached is a October 26, 2010 Demand letter from Santa Barbara Bank & Trust Vice President Sandra Sheffield showing the United States Bankruptcy Court, the fraudulent October 28, 2011 (Proof of Claim) by Santa Barbara Bank & Trust presented to Judge Robin L. Riblet. Santa Barbara Bank & Trust is not owed $45,171.20 in deferred and defaulted payments as claimed to Judge Robin L. Riblet.
Attached is a August 29, 2011 SBA Form 1149 from Santa Barbara Bank & Trust Vice President Sandra Sheffield showing the United States Bankruptcy Court the fraudulent October 28, 2011 (Proof of Claim) by Santa Barbara Bank & Trust presented to Judge Robin L. Riblet.
Attached is a September 30, 2008 letter from Santa Barbara Bank & Trust Vice President Sandra Sheffield showing the United States Bankruptcy Court the fraudulent October 28, 2011 (Proof of Claim) by Santa Barbara Bank & Trust presented to Judge Robin L. Riblet.
Attached is a May 6, 2011 letter from Diana Jessup Lee, California State Bar # 155191 showing the United States Bankruptcy Court the fraudulent October 28, 2011 (Proof of Claim) by Santa Barbara Bank & Trust presented to Judge Robin L. Riblet. In this letter it is noted that Santa Barbara Bank & Trust is not using Computerized Accounting. Santa Barbara Bank & Trust is claiming deferred payments that are not owed SBBT as seen in the October 26, 2010 Demand Letter, the August 29, 2011 SBA Form 1149 and the September 30, 2008 letter from Vice President Sandra Sheffield! The U.S.T.P can see from the May 5, 2011 amortization schedule that Santa Barbara Bank & Trust, has not properly applied principal which is backed up in the Santa Barbara Bank & Trust August 29, 2011 SBA Form 1149. Santa Barbara Bank & Trust in the May 5, 2011 amortization schedule leading to this bankruptcy falsely claims $487,469.96 owed in 2007 against Santa Barbara Bank & Trust prior Computerized records of $472,774.05 as seen in the Computerized (Payment Notices) and documents attached!
Attached is a May 19, 2011 letter from Diana Jessup Lee, California State Bar # 155191 claiming the Santa Barbara Bank & Trust amortization schedule to be accurate! This is false as seen in the October 26, 2010 Demand Letter, the August 29, 2011 SBA Form 1149 and the September 30, 2008 letter from Vice President Sandra Sheffield showing that all deferred interest had been paid against the Santa Barbara Bank & Trust October 28, 2011 Proof of Claim to Judge Robin L. Riblet.
Santa Barbara Bank & Trust has fraudulently claimed to the United States Bankruptcy Court (Case No. ND11-14399RR) on November 7, 2011 that Santa Barbara Bank & Trusts Proof of Claim for $127,333.39 is accurate! I ask the United States Bankruptcy Court to review the emails on November 18, 2011, November 23, 2011 and November 30, 2011 below from Santa Barbara Bank & Trust. Please review the emails attached showing Santa Barbara Bank & Trust actions leading up to having to file Bankruptcy and paying $7,625.00 in Attorney Fees for Santa Barbara Bank & Trust Un-Computerized, Loan accounting! The January 9, 2007 SBBT Demand letter shows the United States Bankruptcy Court that the Santa Barbara Bank & Trusts October 28, 2011 Proof of Claim; claiming $45,171.20 is fraudulent as presented to Judge Robin L. Riblet! The payment owed on January 6, 2007 was $3,813.30 and not $4,517.20 claimed in the October 28, 2011 Proof of Claim to the United States Bankruptcy Court. Again as per Santa Barbara Bank & Trust Computerized, records all deferred and defaulted payments for 2006 and 2007 have been paid back to Santa Barbara Bank & Trust against the Fraudulent May 19, 2011 SBBT claim that Santa Barbara Bank & Trust is owed $45,171.20 as now presented to Judge Robin L. Riblet by Santa Barbara Bank & Trust!
Office of the United States Trustee, Attached, below are two emails from Diana Jessup Lee, California State Bar # 155191 that need to be provided to the United States Bankruptcy Court showing Santa Barbara Bank & Trusts fraudulent accounting! Please note that Santa Barbara Bank & Trust per their August 29, 2011 SBA Form 1149; attached does not pay any of the Loan payments towards principal as stated by Diana Jessup Lee in her emails! “My May 19, 2011 letter to you explained the application of the $22,274.46 in detail. Please read my letter.” Santa Barbara Bank & Trust in their falsified Proof of Claim only applied interest in 2007 as seen in the August 29, 2011 SBA Form 1149. Santa Barbara Bank & Trust States June 29, 2011: “3. I will check on the 2007 Form 1098 and see if it should be amended to reflect that you paid less in interest.” Santa Barbara Bank & Trust just paying interest shows the Fraudulent Proof of Claim to Judge Robin L. Riblet for the $45,171.20 claimed owed by Santa Barbara Bank & Trust! How is this legal in California Banking?
Santa Barbara Bank & Trust without properly amortizing the Oceano Nursery SBA loan in 2007 by following SBA Form 147 Note rules, have caused many hardships. Santa Barbara Bank & Trust States in the email below on June 28, 2011 after their filing a fraudulent Notice of Default on May 19, 2011 States:! “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.”
Santa Barbara Bank & Trust by Fraudulently, claiming $45,171.20 in deferred and defaulted payments in their Proof of Claim to Judge Robin L. Riblet changes the SBA Form 147 Note, amortization of the 2007 Forbearance and Workout Agreement. With the December 2009 Santa Barbara Bank & Trust payment of $4,121.06 the Oceano Nursery, SBA Loan Account Amortized Balance should have been $346,428.08 and not the $400,962.89 claimed to The United States Bankruptcy Court! Santa Barbara Bank & Trust from July 6, 2007-September 30, 2008 per the August 29, 2011 SBA Form 1149 attached shows no principal being paid! Santa Barbara Bank & Trust States: June 28, 2011 “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.”
Office of the United States Trustee, is it legal for Santa Barbara Bank & Trust to charge straight interest as seen in this Santa Barbara Bank & Trusts August 29, 2011 SBA Form 1149 showing a principal balance of $420,024.30 on July 6, 2007 and then on September 2, 2008 this same balance to be $420,024.30? How is it legal for a California Bank to steal a Customers Principal?
Office of the United States Trustee, Attached, below is an email from Santa Barbara Bank & Trust on November 18, 2011 after the November 18, 2011 Bankruptcy hearing. Santa Barbara Bank & Trust States: “There is nothing deficient about the May 19, 2011 NOD. Santa Barbara Bank and Trust will not rescind it. We have reviewed all of the information pertaining to this NOD and it is valid.” Please review Santa Barbara Bank & Trusts August 29, 2011 SBA Form 1149 accounting along with the September 30, 2008 letter from Santa Barbara Bank & Trusts Vice President Sandra Sheffield and the October 26, 2010 demand letter from Santa Barbara Bank & Trusts Vice President Sandra Sheffield, showing the October 28, 2011 Proof of Claim presented to Judge Robin L. Riblet to be Fraudulent.
I am requesting that Santa Barbara Bank & Trust immediately provides an accurate computerized accounting to the United States Bankruptcy Court as per the statement form Santa Barbara Bank & Trust on November 30, 2011. I am requesting from the United States Bankruptcy Court for the December 2011 (Payment Notice) that Santa Barbara Bank & Trust has refused to provide! Santa Barbara Bank & Trust, States: “Your client is asking what his December 2011 payment to Santa Barbara Bank and Trust ("SBBT") should be. I would direct his attention to the Proof of Claim filed by SBBT in Mr. Bookout's bankruptcy proceeding, which states that Mr. Bookout's post-petition payments to Santa Barbara Bank & Trust should be $4,077.32.”
“Please be advised that pursuant to the terms of Mr. Bookout's loan, the loan will be re-amortized as of January 2012. Due to Mr. Bookout's long running default on this loan, upon re-amortization, the monthly payments will change. Once the loan is re-amortized, I will provide you with the new payment amount which will be applicable for the entire 2012 calendar year.”
Office of the United States Trustee, Is Santa Barbara Bank & Trust legally allowed per their November 30, 2011 email, to not have to provide an accurate payment accounting, against SBA Form 147 Note? Santa Barbara Bank & Trust has provided this SBA Form 147 Note to Judge Robin L. Riblet on November 8, 2011 with their objection! Santa Barbara Bank & Trust Fraudulently claims on November 7, 2011 that Santa Barbara Bank & Trust is owed $127,333.39! The Regular payments past due of $82,162.79 are inaccurate per SBA Form 147 Note! The $45,171.20 claimed, had been paid per the SBA Form 1149 dated August 29, 2011 from Santa Barbara Bank & Trust Vice President Sandra Sheffield!
I request that Judge Robin L. Riblet receives a copy of this full email and documents before the Bankruptcy Court hearing on December 16, 2011. I am requesting a full refund of the $7,625.00 in Bankruptcy Attorney Fees that have been paid per the Fraudulent actions by Santa Barbara Bank & Trust from their January 14, 2011 NOD and the May 19, 2011 Notice of Default! I request that Santa Barbara Bank & Trust be immediately removed from the 470 Price Street Deed of Trust per their 2003 Fraudulent changing of the August 29, 2003 SBA Loan Authorization!
I request that each Santa Barbara Bank & Trust Board of Director George Leis, Gerald J. Ford, Carl B. Webb, Richard A. Nightingale, John R. Mackall, Mark K. Olson, D. Vernon Horton, William R. Loomis, Edward E. Birch, Kathy J. Odell, Clayton C. Larson, Gordon J. Wahlgren and Mary Mascolo are made aware of SBA Form 147 Note that has been provided to Judge Robin L. Riblet. Each Director needs to be aware of the Santa Barbara Bank & Trust August 29, 2011 SBA Form 1149 showing the October 28, 2011 (Proof of Claim) presented to Judge Robin L. Riblet to be Fraudulent, per SBA Form 1149, the September 30, 2008 letter from Santa Barbara Bank & Trust Vice President Sandra Sheffield and the October 26, 2010 Demand letter from Santa Barbara Bank & Trust Vice President Sandra Sheffield.
I request an immediate Court Hearing to deal with Santa Barbara Bank & Trust fraud and breach of contract and that Santa Barbara Bank & Trust receives the full penalty for presenting a fraudulent claim to the United States Bankruptcy Court of $500,000.00 under 18 U.S.C.~~152 and 3571. All documents as mentioned and attached above can also be seen at www.governorjerrybrown.net and www.sbaplploans.com
Sincerely
Bill Bookout
CC Richard Rossi
CC Judge Robin L. Riblet---Exhibit # 22 RE: Santa Barbara Bank & Trust False Proof Of Claim 10/28/2011
CC Karen L. Grant Attorney for Santa Barbara Bank & Trust
CC Chris Gautschi [sanschromo@yahoo.com]
CC Diana Jessup Lee
CC Adam D. Kaplan Office of Inspector General OIG complaint ID # 20110484—20120076
CC Sandra Mazzoni Office of Inspector General OIG complaint ID # 20110484—20120076
CC Kari Overson, Office of Inspector General OIG complaint ID # 20110484—20120076
CC California State Attorney General, Kamala D. Harris PIU: 432051
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: 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: Thursday, December 08, 2011 10:56 AM
To: 'Robert Forouzandeh'
Cc: 'kari.overson@sba.gov'; 'Mazzoni, Sandra E. (Off. Inspector Gen.)'; 'cj.ward@keyt.com'; 'velie@calcoastnews.com'; 'Richard Rossi'; 'Chris Gautschi'; 'Karen Grant'; 'Kaplan, Adam D.(Off. Inspector Gen.)'; 'Diana Lee'; 'rmiller@newtimesslo.com'; 'econnolly@newtimesslo.com'; 'crigley@newtimesslo.com'; 'lol@rsmediate.com'; 'Hardy.Slay@sba.gov'; 'Hobby, Jill C.'; 'Hien.Nguyen@sba.gov'; 'Bob Johnston'; 'Thomas Cregger'; 'carlos.mendoza@sba.gov'
Subject: RE: Santa Barbara Bank & Trust Loan Fraud and Breach of Contract SBA PLP Loan # 664-196-4009 Office of Inspector General
December 8, 2011
Santa Barbara Bank & Trust
Robert Forouzandeh, California State Bar # 247177
Reicker, Pfau, Pyle & McRoy LLP
1421 State Street, Suite B
Santa Barbara, CA 93101
Robert Forouzandeh,
As Santa Barbara Bank & Trust has been using Reicker, Pfau, Pyle & McRoy LLP for their banking communication. Please respond to Santa Barbara Bank & Trusts actions since the beginning of this SBA Loan? From the August 29, 2011 SBA Form 1149 prepared by Santa Barbara Bank & Trust Vice President, Sandra Sheffield. It is seen that Santa Barbara Bank & Trust immediately broke the signed October 6, 2003 SBA Form 147 Note, that Santa Barbara Bank & Trust has provided to Judge Robin L. Riblet!
Santa Barbara Bank & Trust has refused to provide November and December 2011 (Payment Notices) as will now have to be presented to Judge Robin L. Riblet. Santa Barbara Bank & Trust has ended the online Oceano Nursery accounting as seen by KEYT 3 On Your Side and Cal Coast News. Please provide an accurate computerized accounting to myself and to Judge Robin L. Riblet for our December 16, 2011 United States Bankruptcy Court Hearing! A previous online accounting is seen below with the email to Santa Barbara Bank & Trust Vice President, Sandra Sheffield on August 18, 2010. Please explain to Judge Robin L. Riblet as to why Santa Barbara Bank & Trust was charging late fees for extra principal paid Santa Barbara Bank & Trust against the 2007 forbearance and workout agreement?
Robert Forouzandeh, with the SBBT Fraudulent May 19, 2011 NOD. Santa Barbara Bank & Trust has cost Pismo Beach Surf Shop, Pismo Beach Dive Shop, Oceano Nursery, Plumerias Garden & Gifts $7,625.00 in Attorney Fees that will now need to be repaid by Santa Barbara Bank & Trust for this Fraudulent May 19, 2011 Notice of Default as presented to Judge Robin L. Riblet, in Santa Barbara Bank & Trusts, October 28, 2011 (Proof of Claim)! Santa Barbara Bank & Trust has falsely stated on November 18, 2011 “With that being said, as I have done on countless occasions in the past, I deny each and every one of the false allegations that you have set forth in your email below. There is nothing deficient about the May 19, 2011 NOD. Santa Barbara Bank and Trust will not rescind it. We have reviewed all of the information pertaining to this NOD and it is valid.:
Again I am requesting for a Santa Barbara Bank & Trust Computerized (Payment Notices) from Santa Barbara Bank & Trust for the months of November and December 2011 per SBA Form 147 Note as Santa Barbara Bank & Trust has stated on November 23, 2011 “Forbearance Agreement and the date of the Proof of Claim with the loan being re-amortized on a yearly basis per SBA loan rules”
How will Santa Barbara Bank & Trust be accounting to Judge Robin L. Riblet for the SBBT monthly, overcharging of the Oceano Nursery SBA PLP Loan # 664-196-4009 since the 2007 breach of contract? Judge Robin L. Riblet will need this information for our Court hearing on December 16, 2011, per the SBA Loan Rules, Santa Barbara Bank & Trust has acknowledged on November 23, 2011? As you are fully aware from SBA Form 147 Note, Santa Barbara Bank & Trusts (Proof Of Claim) accounting of $127,333.39 owed is Fraudulent! With the December 2009 Santa Barbara Bank & Trust payment of $4,121.06 the Oceano Nursery Account Balance should have been $346,428.08! Robert Forouzandeh, this amount is undisputed by Santa Barbara Bank & Trust with their claim of $45,171.20 in 10 deferred and defaulted payments owed SBBT or the January 14, 2011 NOD 10 Deferred 10/2006 - 7/2007 $37,801.09 Payments owed Santa Barbara Bank & Trust!
As seen below, Santa Barbara Bank & Trust paid for a falsified Phase 1 in 2007 on the 470 Price Street Property. The $1,900.00 cost of this falsified Phase one came from Oceano Nursery business working capital! Please see that this $1,900.00 is immediately repaid and that Santa Barbara Bank & Trust takes full responsibility for any and all 470 Price Street Environmental Clean-Up. The Responsibility may be held against the SBA per the August 29, 2003 SBA Loan Authorization per documents that are being withheld by the SBA!
All documents mentioned can be seen at www.sbaplploans.com and at www.governorjerrybrown.net Santa Barbara Bank & Trust per their requirement to fight Inverse Condemnation should be fully liable for any and all Judgments per the 2003 required Deed of Trust requirement to fight inverse condemnation! This is backed up in the 2007 forbearance and workout agreement. Santa Barbara Bank & Trust has provided both of these documents to Judge Robin L, Riblet!
Robert Forouzandeh, Karen L. Grant and Diana Jessup Lee, Reicker, Pfau, Pyle & McRoy LLP, please see that Judge Robin L. Riblet receives copy’s of Santa Barbara Bank & Trust emails on November 18, 2011, November 23, 2011 and November 30, 2011 along with this response to Santa Barbara Bank & Trusts Fraudulent May 19, 2011 NOD!
Sincerely
Bill Bookout
CC KEYT 3 On Your Side CJ Ward
CC Richard Rossi
CC Judge Robin L. Riblet---Exhibit # 22 RE: Santa Barbara Bank & Trust False Proof Of Claim 10/28/2011
CC Karen L. Grant Attorney for Santa Barbara Bank & Trust
CC Chris Gautschi [sanschromo@yahoo.com]
CC Diana Jessup Lee
CC Adam D. Kaplan Office of Inspector General OIG complaint ID # 20110484—20120076
CC Sandra Mazzoni Office of Inspector General OIG complaint ID # 20110484—20120076
CC Kari Overson, Office of Inspector General OIG complaint ID # 20110484—20120076
From: Bill Bookout [mailto:Pismobeachdiveshop@charter.net]
Sent: Wednesday, December 07, 2011 1:56 PM
To: 'kari.overson@sba.gov'
Cc: 'Butcher-Sumner, Blossom V.'; 'Diana Lee'; 'Karen Grant'; 'Mary Jo Barbeau'; 'Richard Rossi'; 'Chris Gautschi'; 'Kaplan, Adam D.(Off. Inspector Gen.)'; 'Bob Johnston'; 'Ashker, Terrill K.'; 'Thomas Cregger'; 'carlos.mendoza@sba.gov'; 'Hobby, Jill C.'; 'lol@rsmediate.com'; 'rmiller@newtimesslo.com'; 'econnolly@newtimesslo.com'; 'crigley@newtimesslo.com'; 'velie@calcoastnews.com'; 'cj.ward@keyt.com'; 'Mazzoni, Sandra E. (Off. Inspector Gen.)'; 'Hien.Nguyen@sba.gov'; 'Hardy.Slay@sba.gov'; 'Lisa.Cookie@sba.gov'; 'Robert Forouzandeh'; 'Babcock, Lisa J.'
Subject: RE: Santa Barbara Bank & Trust Loan Fraud and Breach of Contract SBA PLP Loan # 664-196-4009 Office of Inspector General
December 7, 2011
Kari Overson,
U.S. Small Business Administration
Office of Inspector General
Dear Mrs. Kari Overson,
I am asking for a full investigation into Santa Barbara Bank & Trust, per the Fraud and Breach of contract from the beginning of the Oceano Nursery SBA Loan. Please read the email below on December 3, 2011 to Sandra Mazzoni, Senior Special Agent U.S. Small Business Administration Office of Inspector General. All documents discussed can be seen at www.sbaplploans.com and at www.governorjerrybrown.net
I am requesting that the SBA take this loan away from Santa Barbara Bank & Trust and return the $8,437.50 that I have paid for the falsified August 29, 2003 SBA Authorization between the SBA and Santa Barbara Bank & Trust/FBSLO! If the SBA has authorized this August 29, 2003 change then please provide a copy of any and all SBA Form 327’s per the Oceano Nursery SBA loan PLP 664-196-4009: “The term "Modification or Administrative Action" refers to an action to modify the authorization and loan agreement or other actions which are necessary to help the borrower respond to a business growth opportunity or to respond to a problem. It also refers to actions that SBA may take that would effect the loan, (e.g., change the status of loan from regular servicing to "in-liquidation," to transfer the loan from one lender to another, etc.) Modifications or administrative actions on specific loans are taken by the completion of an SBA Form 327 (see appendix), or the 327 stamp format. The result is a 327 action.”
Santa Barbara Bank & Trust/FBSLO October 1, 2003 (Collateral Modification) should have been documented in a SBA Form 327 if this was authorized by the SBA. Please under a FOIA Request provide any and all SBA or Santa Barbara Bank & Trust/FBSLO 2003 SBA PLP Loan # 664-196-4009 Modifications! This document is seen at www.sbaplploans.com
Did the SBA approve the October 1, 2003 (SBA Loan Analysis Presentation)? By Santa Barbara Bank & Trust/FBSLO?
Did the SBA allow no Environmental Investigation on the 470 Price Street property (Collateral Modification) on October 1, 2003? Please see that the prior FOIA document withheld are provided!
Did the SBA allow Santa Barbara Bank & Trust from the 2007 SBA Loan forbearance & Workout Agreement as seen in the August 29, 2011 SBA Form 1149 to not apply any principal in the five payments totaling $22,274.46? This SBA Form 1149 document was signed by Santa Barbara Bank & Trust Vice President Sandra Sheffield as seen at www.sbaplploans.com
Did the SBA allow Santa Barbara Bank & Trust to modify/change SBA Form 4, Schedule A after the October 6, 2003 signing of the Deed of Trust? Please review (Schedule of Collateral Exhibit A) at www.governorjerrybrown.net showing only the Oceano Nursery property being taken as Collateral to be Used as Security! Notice the Market Value of $600,000.00!
The SBA has refused to provide FOIA documents disclosed by the SBA. Can you see that all of the FOIA documents are provided? As this investigation will be starting with the Fraudulent actions in 2003. I do have the 2007 Phase 1 report in my possession showing Santa Barbara Bank & Trust using another property for the Phase 1!
|
65 |
Site visit |
08/21/2003 |
9 |
Withheld Ex. 4 & Ex. 5 |
The SBA has refused to provide all documents with the August 21, 2003 Site Visit. The document that I have obtained was created after the 8/21/2003 site visit. There should be nine pages per the 8/21/2003 site visit of Oceano Nursery.
The 2007 Phase 1 report was falsified, using another property other then the 470 Price Street property. This should be an important issue with the U.S. Small Business Administration Office of Inspector General. If there is contamination, who is responsible for the contamination clean-up? The SBA or Santa Barbara Bank & Trust? Again it is important to have a copy of the 2011 environmental reports being withheld by the SBA!
|
72 |
Phase 1 environmental Site Assessment (470 Price St.) |
05/17/2011 |
85 |
Withheld Ex. 4 & Ex. 5 |
|
73 |
The Standard Environmental Risk Information (470 Price St.) |
05/02/2011 |
53 |
Withheld Ex. 4 & Ex. 5 |
Santa Barbara Bank & Trust has not responded to the email below! I am asking for the SBA to obtain copy’s of Santa Barbara Bank & Trusts computerized accounting of the Oceano Nursery SBA Loan PLP # 664-196-4009. The Notice of Default that Santa Barbara Bank & Trust has filed on May 19, 2011 is Fraudulent! Santa Barbara Bank & Trust has stated on November 18, 2011 “With that being said, as I have done on countless occasions in the past, I deny each and every one of the false allegations that you have set forth in your email below. There is nothing deficient about the May 19, 2011 NOD. Santa Barbara Bank and Trust will not rescind it. We have reviewed all of the information pertaining to this NOD and it is valid.
Robert B. Forouzandeh
Attorney at Law”
Again, I am asking for a full investigation into Santa Barbara Bank & Trust from 2003 to present! Santa Barbara Bank & Trust refuse’s to now provide any online accounting or monthly payment notices with their acknowledging on November 30, 2011; SBA loan rules under SBA Form 147 Note. Santa Barbara Bank & Trust falsified the May 19, 2011 NOD and the January 14, 2011 NOD Santa Barbara Bank & Trust has falsified the August 29, 2003 SBA Loan Authorization!
Sincerely
Bill Bookout
CC KEYT 3 On Your Side CJ Ward
CC Judge Robin L. Riblet---Exhibit # 22 RE: Santa Barbara Bank & Trust False Proof Of Claim 10/28/2011
CC Karen L. Grant Attorney for Santa Barbara Bank & Trust
CC Barry A. Cappello Lender Liability
CC Chris Gautschi [sanschromo@yahoo.com]
CC San Luis Obispo District Attorney
CC San Luis Obispo Police Department Case # 111108022
CC Adam D. Kaplan Office of Inspector General OIG complaint ID # 20110484—20120076
CC Sandra Mazzoni Office of Inspector General OIG complaint ID # 20110484—20120076
From: Bill Bookout [mailto:Pismobeachdiveshop@charter.net]
Sent: Tuesday, December 06, 2011 12:20 PM
To: 'Diana Lee'
Cc: 'Karen Grant'; 'Mary Jo Barbeau'; 'Richard Rossi'; 'Chris Gautschi'; 'Kaplan, Adam D.(Off. Inspector Gen.)'; 'danhil@charter.net'; 'Bob Johnston'; 'Ashker, Terrill K.'; 'Thomas Cregger'; 'carlos.mendoza@sba.gov'; 'Hobby, Jill C.'; 'Koznek, Jeff'; 'lol@rsmediate.com'; 'rmiller@newtimesslo.com'; 'econnolly@newtimesslo.com'; 'crigley@newtimesslo.com'; 'ctrimble@pismobeach.org'; 'velie@calcoastnews.com'; 'cj.ward@keyt.com'; 'Mazzoni, Sandra E. (Off. Inspector Gen.)'; 'Hien.Nguyen@sba.gov'; 'Hardy.Slay@sba.gov'; 'Lisa.Cookie@sba.gov'
Subject: RE: Santa Barbara Bank & Trust Loan Fraud and Breach of Contract SBA PLP Loan # 664-196-4009
December 6, 2011
Santa Barbara Bank & Trust
Diana Jessup Lee, California State Bar # 155191
Robert Forouzandeh, California State Bar # 247177
Reicker, Pfau, Pyle & McRoy LLP
1421 State Street, Suite B
Santa Barbara, CA 93101
Mrs. Diana Jessup Lee,
As undisputed by Santa Barbara Bank & Trust below, Santa Barbara Bank & Trust now needs to account for the Oceano Nursery loan payments overcharged in 2007 of $2,305.55 against SBA Form 147 Note as stated by Robert Forouzandeh, on November 23, 2011 “Forbearance Agreement and the date of the Proof of Claim with the loan being re-amortized on a yearly basis per SBA loan rules”
The November 7, 2011Objection (Case NO. ND11-1493RR) by Attorney Karen L. Grant for Santa Barbara Bank & Trust has now been shown to be fraudulent with the $127,333.39 (Proof Of Claim) claimed to be owed by Santa Barbara Bank & Trust! Robert Forouzandeh, on November 23, 2011, now shows that Santa Barbara Bank & Trust understands “SBA Loan Rules” per SBA Form 147 Note!
Santa Barbara Bank & Trust needs to account for the overcharging the Oceano Nursery loan payments in 2008 by $6,589.80 against SBA Form 147 Note as stated by Robert Forouzandeh, on November 23, 2011 “Forbearance Agreement and the date of the Proof of Claim with the loan being re-amortized on a yearly basis per SBA loan rules”
Santa Barbara Bank & Trust needs to account for the overcharging the Oceano Nursery loan payments in 2009 by $7,523.52 against SBA Form 147 Note as stated by Robert Forouzandeh, on November 23, 2011 “Forbearance Agreement and the date of the Proof of Claim with the loan being re-amortized on a yearly basis per SBA loan rules”
If Santa Barbara Bank & Trust disputes any of the figures below or above, then please provide a Computerized, Accounting by Santa Barbara Bank & Trust within 24 Hours. Failure to provide a Santa Barbara Bank & Trust Computerized Accounting will be taken as full agreement with the figures below and above! Please provide a copy of Santa Barbara Bank & Trust Computerized Accounting to the Office of Inspector General attached above along with the SBA, within 24 Hours! OIG complaint ID # 20110484—20120076
Again I am requesting for a Santa Barbara Bank & Trust Computerized (Payment Notices) from Santa Barbara Bank & Trust for the months of November and December 2011 per SBA Form 147 Note as stated by Robert Forouzandeh, on November 23, 2011 “Forbearance Agreement and the date of the Proof of Claim with the loan being re-amortized on a yearly basis per SBA loan rules” Santa Barbara Bank & Trust online accounting has for some reason been taken off line as seen by KEYT 3 On Your Side CJ Ward. Please again show Santa Barbara Bank & Trust online accounting or explain as to why Santa Barbara Bank & Trust is no longer providing this Online, Banking Service?
Sincerely
Bill Bookout
CC KEYT 3 On Your Side CJ Ward
CC Judge Robin L. Riblet---Exhibit # 22 RE: Santa Barbara Bank & Trust False Proof Of Claim 10/28/2011
CC Karen L. Grant Attorney for Santa Barbara Bank & Trust
CC Barry A. Cappello Lender Liability
CC Chris Gautschi [sanschromo@yahoo.com]
CC San Luis Obispo District Attorney
CC San Luis Obispo Police Department Case # 111108022
CC Adam D. Kaplan Office of Inspector General OIG complaint ID # 20110484—20120076
CC Sandra Mazzoni Office of Inspector General OIG complaint ID # 20110484—20120076
From: Bill Bookout [mailto:Pismobeachdiveshop@charter.net]
Sent: Monday, December 05, 2011 3:41 PM
To: 'Diana Lee'
Cc: 'Karen Grant'; 'Mary Jo Barbeau'; 'Richard Rossi'; 'Chris Gautschi'; 'Kaplan, Adam D.(Off. Inspector Gen.)'; 'danhil@charter.net'; 'Bob Johnston'; 'Ashker, Terrill K.'; 'Thomas Cregger'; 'carlos.mendoza@sba.gov'; 'Hobby, Jill C.'; 'Koznek, Jeff'; 'lol@rsmediate.com'; 'rmiller@newtimesslo.com'; 'econnolly@newtimesslo.com'; 'crigley@newtimesslo.com'; 'ctrimble@pismobeach.org'; 'velie@calcoastnews.com'; 'cj.ward@keyt.com'; 'Mazzoni, Sandra E. (Off. Inspector Gen.)'
Subject: RE: Santa Barbara Bank & Trust Loan Fraud and Breach of Contract SBA PLP Loan # 664-196-4009
December 5, 2011
Santa Barbara Bank & Trust
Diana Jessup Lee, California State Bar # 155191
Robert Forouzandeh, California State Bar # 247177
Reicker, Pfau, Pyle & McRoy LLP
1421 State Street, Suite B
Santa Barbara, CA 93101
Mrs. Diana Jessup Lee,
In reviewing the mistakes that have been made by Santa Barbara Bank & Trust; with Robert Forouzandeh’s, emails below on November 30, 2011, November 23, 2011 and November 18, 2011.
We have done a recalculation of the Oceano Nursery SBA Loan per the January 14, 2011 and May 19, 2011 Notice of Default Mistakes by Santa Barbara Bank & Trust.
It would appear that with Santa Barbara Bank & Trusts claim of deferred payments owed SBBT as of July 6, 2007, that this SBA loan should have been amortized down from $420,024.30. This would have meant that the August 6, 2007 SBBT payment should have been $3,659.96 instead of the $4,121.06 payment, that has been charged by Santa Barbara Bank & Trust up to November 2011! This mistake that has been made by Santa Barbara Bank & Trust would be a monthly overcharge of the SBA Loan by $461.11 in 2007
|
Principal: |
$420024.30 |
|
Interest Rate: |
6% |
|
Loan Term: |
171 months |
|
Number of Payments: |
171 |
|
Monthly Payment: |
$3,659.96 |
|
Total Principal Paid: |
$420,024.30 |
|
Total Interest Paid: |
$205,829.01 |
|
Total Paid: |
$625,853.31 |
This mistake by Santa Barbara Bank & Trust with not reducing $5,200.00 of loan principal for the first five payments owed per the 2007 forbearance & workout agreement and the extra principal paid of $2,236.82 in July 2007; shows the Santa Barbara Bank & Trust SBA Loan Balance as of the December 2007 should have been $409,818.00 per SBA Form 147 Note as now acknowledged by Robert Forouzandeh, on November 23, 2011 as stated: “Forbearance Agreement and the date of the Proof of Claim with the loan being re-amortized on a yearly basis per SBA loan rules”
Amortization table for $420,024.30 borrowed on Jul 06, 2007
|
Santa Barbara Bank & Trust continued making SBA Form 147 Note mistakes in 2008 by ignoring SBA Form 147 Note and not re-amortizing the new 2008 balance of $402,231.32 with the additional principal paid in 2007 of $2,236.82. In 2008 according to SBA Rules “re-amortized on a yearly basis per SBA loan rules” per SBA Form 147 Noted by Robert Forouzandeh on November 23, 2011, this Santa Barbara Bank & Trust SBA Loan should have been re-amortized with a monthly payment in 2008 of $3,571.91 instead of the Santa Barbara Bank & Trust (Payment Notice) and SBA Form 1149 payment of $4,121.06! This amount shows that in 2008 Santa Barbara Bank & Trust has overcharged the Oceano Nursery SBA Loan by $549.15 dollars per month! Extra Principal in 2008 paid and not accounted for by Santa Barbara Bank & Trust is $1,553.58
Amortization table for $402,231.32 borrowed on Dec 06, 2007
|
Santa Barbara Bank & Trust in their mistakes in ignoring the SBA Rules “re-amortized on a yearly basis per SBA loan rules” As noted by Robert Forouzandeh on November 23, 2011 would have reduced the SBA loan down to $374,635.32 with the December 6, 2008 payment. This amount Starting in 2009 according to SBA Form 147 Rules as stated by Robert Forouzandeh “re-amortized on a yearly basis per SBA loan rules” Would have been a Monthly SBA Loan payment of $3,494.10 in 2009. This is a monthly over payment to Santa Barbara Bank & Trust of $626.96
|
Principal: |
$374635.32 |
|
Interest Rate: |
6% |
|
Loan Term: |
154 months |
|
Number of Payments: |
154 |
|
Monthly Payment: |
$3,494.10 |
|
Total Principal Paid: |
$374,635.32 |
|
Total Interest Paid: |
$163,455.36 |
|
Total Paid: |
$538,090.68 |
Santa Barbara Bank & Trust in their mistakes in ignoring the SBA Rules “re-amortized on a yearly basis per SBA loan rules” As noted by Robert Forouzandeh on November 23, 2011 would have reduced the SBA loan down to $374,635.32 with the December 6, 2008 payment for 2008. In January 2009 the SBA loan Balance would have been $372,387.44 and with extra principal paid in 2009 of $473.64, the principal balance to have been re-amortized in 2011 under SBA Form 147 Note Rules as noted by Robert Forouzandeh. “re-amortized on a yearly basis per SBA loan rules” Would have been $346,428.08 with a new monthly payment of $3,413.18 beginning on January 6, 2010!
Amortization table for $374,635.32 borrowed on Dec 06, 2008
|
Santa Barbara Bank & Trust in their mistakes in ignoring the SBA Rules “re-amortized on a yearly basis per SBA loan rules” As noted by Robert Forouzandeh on November 23, 2011 would have reduced the SBA loan payment down by $700.88 on January 6, 2011 if Santa Barbara Bank & Trust had followed the “SBA loan rules” As noted by Robert Forouzandeh on November 23, 2011. The Santa Barbara Bank & Trust loan payment for Oceano Nursery on January 6, 2010 would have been $3,413.18 and the deferred payments that Santa Barbara Bank & Trust has claimed owed to SBBT would still be owed!
|
Principal: |
$346428.08 |
|
Interest Rate: |
6% |
|
Loan Term: |
142 months |
|
Number of Payments: |
142 |
|
Monthly Payment: |
$3,413.18 |
|
Total Principal Paid: |
$346,428.08 |
|
Total Interest Paid: |
$138,244.00 |
|
Total Paid: |
$484,672.08 |
Diana Jessup Lee, I ask that Santa Barbara Bank & Trust rescind the May 19, 2011 Notice of Default and that we again go back into Mediation to work this matter out. I believe that the Oceano Nursery SBA Loan Payment should be at $3,413.18 at 6%. However 17 months needs to be added to this figure.
Diana Jessup Lee, Is this the figure above, that Santa Barbara Bank & Trusts Computers have come up with or should the SBA Loan be at $346,428.08 at 5.25%, with a payment of $3,693.52? This figure is in line with the October 28, 2011 Notice of Default presented to Judge Robin L. Riblet by Santa Barbara Bank & Trust. The two payments received by Santa Barbara Bank & Trust of $4,121.06 in October and November per the (Payment Notice) have been overpaid as accounted for below and acknowledged by Robert Forouzandeh, with his November 23, 2011 email: “The $390,996.91 was calculated using the fixed interest rate of 6% set forth in the Forbearance Agreement. Due to your default of the Forbearance Agreement, the Forbearance Agreement was rescinded (as permitted by its terms) and the principal amount of the loan was re-calculated and re-amortized going back to the date of the Forbearance Agreement using the interest rate of Prime + 2% (as required in your original loan) for the time period between the date of the Forbearance Agreement and the date of the Proof of Claim with the loan being re-amortized on a yearly basis per SBA loan rules”
|
Principal: |
$346428.08 |
|
Interest Rate: |
5.25% |
|
Loan Term: |
121 months |
|
Number of Payments: |
121 |
|
Monthly Payment: |
$3,693.52 |
|
Total Principal Paid: |
$346,428.08 |
|
Total Interest Paid: |
$100,487.69 |
|
Total Paid: |
$446,915.77 |
Amortization table for $346,428.08 borrowed on Sep 06, 2011
|
Diana Jessup Lee, in evaluating the mistakes that have been made by Santa Barbara Bank & Trust and the SBBT Proof of Claim to Judge Robin L. Riblet, against the August 29, 2011 SBA Form 1149 presented by Santa Barbara Bank & Trust, to the United States Small Business Administration. Please immediately provide the Computerized; November and December 2011 (Payment Notices) as has been requested of Santa Barbara Bank & Trust!
The $45,171.20 in deferred and defaulted payments or the January 14, 2011 NOD 10 Deferred 10/2006 - 7/2007 $37,801.09 Payments. I now see was, not supposed to have been removed from the beginning of the forbearance agreement. This is why Santa Barbara Bank & Trust has made this mistake in the May 19, 2011 NOD and the October 28, 2011 (Proof of Claim) to Judge Robin L. Riblet.
Diana Jessup Lee, I ask that Santa Barbara Bank & Trust rescind the May 19, 2011 Notice of Default and that we again go back into Mediation to work this matter out. Santa Barbara Bank & Trust did not have to push my businesses into Bankruptcy with the Santa Barbara Bank & Trust Amortization Schedule mistakes as now acknowledged by Robert Forouzandeh, with his November 23, 2011 email:
Sincerely
Bill Bookout
CC KEYT 3 On Your Side CJ Ward
CC Judge Robin L. Riblet---Exhibit # 22
CC Barry A. Cappello Lender Liability
CC Chris Gautschi [sanschromo@yahoo.com]
CC San Luis Obispo District Attorney
CC San Luis Obispo Police Department Case # 111108022
CC Adam D. Kaplan Office of Inspector General OIG complaint ID # 20110484—20120076
CC Sandra Mazzoni Office of Inspector General OIG complaint ID # 20110484—20120076
On November 30, 2011 Robert Forouzandeh, States: “Your client is asking what his December 2011 payment to Santa Barbara Bank and Trust ("SBBT") should be. I would direct his attention to the Proof of Claim filed by SBBT in Mr. Bookout's bankruptcy proceeding, which states that Mr. Bookout's post-petition payments to Santa Barbara Bank & Trust should be $4,077.32.”
On November 23, 2011 Robert Forouzandeh, States: “The $390,996.91 balance appears on SBBT's online account access for your loan because that system has not been updated to rescind the terms of the Forbearance Agreement and has accordingly not re-calculated or re-amortized your loan based on the original loan terms.”
On November 18, 2011 Robert Forouzandeh, States: “I deny each and every one of the false allegations that you have set forth in your email below. There is nothing deficient about the May 19, 2011 NOD. Santa Barbara Bank and Trust will not rescind it. We have reviewed all of the information pertaining to this NOD and it is valid.”
From: Bill Bookout [mailto:Pismobeachdiveshop@charter.net]
Sent: Saturday, December 03, 2011 4:43 PM
To: 'Mazzoni, Sandra E. (Off. Inspector Gen.)'
Cc: 'Babcock, Lisa J.'; 'Kaplan, Adam D.(Off. Inspector Gen.)'; 'FOIA'; 'pismobeachsurfshop@hotmail.com'; 'Babcock, Lisa J.'; 'Senator.Blakeslee@senate.ca.gov'; 'Senator.Alquist@senate.ca.gov'; 'Senator.Anderson@senate.ca.gov'; 'Senator.Berryhill@senate.ca.gov'; 'Senator.Blakeslee@senate.ca.gov'; 'Senator.Calderon@senate.ca.gov'; 'Senator.Cannella@senate.ca.gov'; 'Senator.Corbett@senate.ca.gov'; 'Senator.Correa@senate.ca.gov'; 'Senator.DeLeón@senate.ca.gov'; 'Senator.DeSaulnier@senate.ca.gov'; 'Senator.Dutton@senate.ca.gov'; 'Senator.Emmerson@senate.ca.gov'; 'Senator.Evans@senate.ca.gov'; 'Senator.Fuller@senate.ca.gov'; 'Senator.Gaines@senate.ca.gov'; 'Senator.Hancock@senate.ca.gov'; 'Senator.Harman@senate.ca.gov'; 'Senator.Hernandez@senate.ca.gov'; 'Senator.Huff@senate.ca.gov'; 'Senator.Kehoe@senate.ca.gov'; 'Senator.LaMalfa@senate.ca.gov'; 'Senator.Leno@senate.ca.gov'; 'Senator.Lieu@senate.ca.gov'; 'Senator.Liu@senate.ca.gov'; 'Senator.Lowenthal@senate.ca.gov'; 'Senator.McLeod@senate.ca.gov'; 'Senator.Padilla@senate.ca.gov'; 'Senator.Pavley@senate.ca.gov'; 'Senator.Price@senate.ca.gov'; 'Senator.Rubio@senate.ca.gov'; 'Senator.Runner@senate.ca.gov'; 'Senator.Simitian@senate.ca.gov'; 'Senator.Steinberg@senate.ca.gov'; 'Senator.Strickland@senate.ca.gov'; 'Senator.Vargas@senate.ca.gov'; 'Senator.Walters@senate.ca.gov'; 'Senator.Wolk@senate.ca.gov'; 'Senator.Wright@senate.ca.gov'; 'Senator.Wyland@senate.ca.gov'; 'Senator.Yee@senate.ca.gov'; 'Kaplan, Adam D.(Off. Inspector Gen.)'; 'OIGHotline@sba.gov'; 'legal@fdic.gov'; 'ombudsman@fdic.gov'; 'SBA National Ombudsman'; 'Cookie, Lisa A.'; 'Hobby, Jill C.'; 'Slay, Hardy'; 'Nguyen, Hien D.'; 'Gatell, Graciela M.'; 'Pope, Cynthia D.'; 'Hedgespeth, Grady'; 'Fishman, David A.'; 'Harris, Glenn P. (Off. Inspector Gen.)'; 'Gold, Martin'; 'O'Neal, Jim'; 'Taylor, Richard A.'; 'Pamela Brinks'; 'velie@calcoastnews.com'; 'Weber, Tad - SLO'; 'bmcewen@fresnobee.com'; 'sduerr@thetribunenews.com'; 'Assemblymember.John.Perez@assembly.ca.gov'; 'cschur@santamariatimes.com'; 'consumer@dfi.ca.gov'; 'Guy Blume'; 'Lol Sorensen'; 'rmiller@newtimesslo.com'; 'cj.ward@keyt.com'; 'carlos.mendoza@sba.gov'; 'Ashker, Terrill K.'; 'Hobby, Jill C.'; 'Nguyen, Hien D.'
Subject: RE: Santa Barbara Bank & Trust Loan Fraud and Breach of Contract SBA PLP Loan # 664-196-4009
December 3, 2011
Sandra Mazzoni, Senior Special Agent
U.S. Small Business Administration
Office of Inspector General
Dear Mrs. Mazzoni
Thank you, for contacting me about Santa Barbara Bank & Trusts Fraud and Breach of Contract and that the Office of Inspector General is now starting to investigate Santa Barbara Bank & Trust. Attached below is my most recent email with Santa Barbara Bank & Trust. The SBA should be fully aware of all the facts as the News Media attached is now fully aware as seen at www.sbaplploans.com and www.governorjerrybrown.net
In asking Santa Barbara Bank & Trust, Banking questions they have filed a (Restraining Order) in that I can only communicate with their Attorneys and their Mediator Lol Sorensen. Mr. Sorensen Mediated an April 2011 Mediation, with Santa Barbara Bank & Trust. From this Mediation Santa Barbara Bank & Trust provided an amortization schedule claiming $45,171.20 not owed SBBT against the SBBT August 29, 2011 SBA Form 1149. Please review their online accounting below showing this fraud!
Attached, above are California State Senators, that now need to have full knowledge of Santa Barbara Bank & Trusts fraudulent SBA loan actions since the August 29, 2003 SBA Loan Authorization!
Please see email communication below with Santa Barbara Bank & Trust. In January 2011 with a prior falsified NOD filed claiming $37,801.09 against the SBBT August 29, 2011 SBA Form 1149 not owed Santa Barbara Bank & Trust since the 2007 Forbearance and Workout Agreement.
Attached above is a PDF file showing the U.S. Small Business Administration Office of Inspector General; the Fraudulent, actions by Santa Barbara Bank & Trust/FBSLO in the Second position SBBT has taken on the 470 Price Street property in Pismo Beach!
1) Santa Barbara Bank & Trust Fraudulently changed out the middle of the August 29, 2003 SBA Loan Authorization per Page 5 and included the Pismo Beach Gas Station Property without doing Environmental per SBA Requirements!
2) The October 6, 2003 signed (Loan Agreement) refers to the original August 29, 2003 SBA Loan Authorization. This Authorization only shows a DBA of Oceano Nursery and not the businesses at Pismo Beach.
3) Santa Barbara Bank & Trust has prepared two (SBA Loan Analysis Presentations) The First is Dated August 20, 2003, just prior to the August 29, 2003 Signed SBA Loan Authorization! The Second and changed (SBA Loan Analysis Presentation) is dated (Revised October 1, 2003) in which Santa Barbara Bank & Trust is now taking a Second on the 470 Price Street property! Santa Barbara Bank & Trust in this Fraudulent SBA Loan action chose not to pay off the hard money Balloon Payment on the 470 Price Street property!
4) Santa Barbara Bank & Trust filled out a SBA Loan Checklist showing only environmental for the Oceano Nursery Property! In this Checklist is only the Oceano Nursery property required for the (Preliminary title report on all properties pledged) The 470 Price Street property was not pledged for the Oceano Nursery SBA Loan! Mortgage Statements requested are only for the Oceano Nursery property and not the 470 Price Street property! (Explanation of Derogatory or Delinquent entries) requested and provided show business debts on the 631 Lake Street House associated with the 470 Price Street property! Santa Barbara Bank & Trust in the 2007 Forbearance Agreement attached required to be placed in a second position on the 631 Business borrowed property and then would not allow the selling of this property in 2010 to pay back Santa Barbara Bank & Trust $10,000.00!
5) Santa Barbara Bank & Trust falsified August 21, 2003 Field Visit Report only showing the Oceano Nursery property! Notice the SBA PLP 664-196-4009 loan # 15899 on this document! The SBA did not approve the SBA Loan until August 29, 2003! This is very Fraudulent! The SBA FOIA has refused to provide the documents that went with the making of this Field Visit!
6) Santa Barbara Bank & Trust has prepared two different (Loan Committee Presentation Reports) One on August 27, 2003 just before the August 29, 2003 SBA Loan Authorization for only the Oceano Nursery Property! The next (Loan Committee Presentation Report) is dated on October 1, 2003 ignoring the August 29, 2003 SBA Loan Authorization by calling this a (Collateral Modification) and adding the 470 Price Street property as a second without baying off the Balloon payment on the 470 Price Street First!
7) Santa Barbara Bank & Trust has made tow different (U.S. Small Business Administration Schedule Of Collateral Exhibit A)’s the First only shows the Oceano Nursery Property and the Second Shows the 470 Price Street property and the Oceano Nursery Property! The Second one shows the Balloon Payment Lien on the 470 Price Street Property!
8) Santa Barbara Bank & Trust in the Second Field Visit Report on February 13, 2006 now includes the 470 Price Street property!
9) Santa Barbara Bank & Trust (Lender Checklist for Submitting PLP Loan Requests) is only for the Oceano Nursery property dated August 28, 2003! The SBA Loan Application Approval dated August 29, 2003 from Rosa Walton is only for the Oceano Nursery property showing the Fraudulent actions by Santa Barbara Bank & Trust/FBSLO! The SBA Guaranty FEE of $8,437.50 now needs to be returned by the SBA!
10) Santa Barbara Bank & Trust July 24, 2003 (SBA Credit Analyst) only shows the Oceano Nursery property! Santa Barbara Bank & Trust asks questions about the 631 Lake Street property, that are answered showing the Hacienda Bank Business Loan On this property! Please look back to the (SBA Loan Analysis Presentation) dated October 1, 2003 to see the Fraudulent changes made to this new (SBA Loan Analysis Presentation)!
11) The September 16, 2003 and September 23, 2003 insurance requests for Oceano Nursery do not include the 470 Price Street as Santa Barbara Bank & Trust would later falsify the August 29, 2003 SBA Loan Authorization! Notice the October 1, 2003 request to ad the 470 Price Street property to the Insurance against the Original August 29, 2003 SBA Loan Authorization!
12) Santa Barbara Bank & Trust was asked on the December 4, 2004 letter attached to refinance the 470 Price Street Pismo Beach Property with the High interest! Santa Barbara Bank & Trust was asked on January 18, 2005 to refinance the 470 Price Street property. In January 20, 2005 Santa Barbara Bank & Trust makes a Memorandum with comments! In the March 21, 2005 letter, Santa Barbara Bank & Trust has knowledge that request to refinance have been denied due to the (SBA Second Lien Position On Collateral) taken fraudulently by Santa Barbara Bank & Trust! A note is written at the bottom of this letter by Santa Barbara Bank & Trust expecting the SBA loaned Oceano Nursery property to be sold to pay back the SBA loan! Santa Barbara Bank & Trust in their July 14, 2005 Memorandum without refinancing the 470 Price Street property is willing to allow a hard money loan to take go into a second positions to make payments to Santa Barbara Bank & Trust! How could the SBA Allow this type of lending? Notice the July 22, 2005 payment to Santa Barbara Bank & Trust/FBSLO of $15,233.18
13) Santa Barbara Bank & Trust in the June 30, 2007 Forbearance and workout agreement attached shows their requirement for the 631 Lake Street House. The equity borrowed from this house prior to the SBA loan had been used for the Pismo Business with Hacienda Bank!
14) Santa Barbara Bank & Trust in this forbearance, agreement required all proceeds from Inverse Condemnation per their 2007 forbearance agreement!
15) Santa Barbara Bank & Trust required on Page 4 of the 2003 Deed of Trust to fight inverse condemnation as was required with the Oceano Nursery SBA loan
The United States Small Business Administrations help is needed with the SBA Loan, Bank Fraud that has taken place since 2003 with this SBA Loan and documents switched out from the Original SBA Loan Authorization dated August 29, 2003. All Santa Barbara Bank & Trust documents are seen on these websites:
www.santabarbarabankandtrust.co
It is my hopes through these websites to see that the SBA Loan Banking Fraud by Santa Barbara Bank & Trust since 2003 comes to an end and that I am able to re-open the Oceano Nursery business that Santa Barbara Bank & Trust was responsible for closing! The most current website for documentation is www.sbaplploans.com Santa Barbara Bank & Trust as we have talked about need to be immediately removed from the Fraudulent Second on the 470 Price Street property!
Santa Barbara Bank & Trusts, Attorneys have admitted on November 18, 2011 that the Oceano Nursery SBA Loan was required to be “(re-amortized on a yearly basis per SBA loan rules” Santa Barbara Bank & Trust Breached the 2007 Forbearance Agreement by not following the SBA Form 147 Note Rules signed on October 6, 2003! In the Proof of Claim to Judge Robin L. Riblet dated October 28, 2011 Santa Barbara Bank & Trust after Four Years has attempted to show that SBBT is following the rules of SBA Form 147 Note! SBBT States that the payment on 12/1/09 should have been $3,743.71 instead of the SBBT required (Payment Notice) of $4,121.06! This amount overcharged by Santa Barbara Bank & Trust against SBA Form 147 Rules is $377.35 per month in 2009 and $4,528.20 overcharged by Santa Barbara Bank & Trust in 2009!
Sincerely
Bill Bookout
CC KEYT 3 On Your Side CJ Ward
From: Mazzoni, Sandra E. (Off. Inspector Gen.) [mailto:sandra.mazzoni@sba.gov]
Sent: Friday, December 02, 2011 11:55 AM
To: Pismobeachdiveshop@charter.net
Subject: info
Mr. Bookout,
Please give me a call at your earliest convenience. Number noted below. Thanks.
Sandra Mazzoni, Senior Special Agent
Western Regional Office
U.S. Small Business Administration
Office of Inspector General
330 N. Brand Blvd., Suite 850
Glendale, CA 91203
818-552-3240
818-552-3358 (office fax)
202-481-5473 (email fax)
sandra.mazzoni@sba.gov (email)
From: Bill Bookout [mailto:Pismobeachdiveshop@charter.net]
Sent: Friday, December 02, 2011 11:44 AM
To: 'Robert Forouzandeh'; 'Diana Lee'
Cc: 'Karen Grant'; 'Mary Jo Barbeau'; 'Richard Rossi'; 'Chris Gautschi'; 'Diana Lee'; 'Kaplan, Adam D.(Off. Inspector Gen.)'; 'danhil@charter.net'; 'Bob Johnston'; 'Ashker, Terrill K.'; 'Thomas Cregger'; 'carlos.mendoza@sba.gov'; 'Hobby, Jill C.'; 'Koznek, Jeff'; 'lol@rsmediate.com'; 'rmiller@newtimesslo.com'; 'econnolly@newtimesslo.com'; 'crigley@newtimesslo.com'; 'ctrimble@pismobeach.org'; 'velie@calcoastnews.com'; 'cj.ward@keyt.com'
Subject: RE: Santa Barbara Bank & Trust Loan Fraud and Breach of Contract SBA PLP Loan # 664-196-4009
December 2, 2011
Santa Barbara Bank & Trust Board of Directors George Leis, Gerald J. Ford, Carl B. Webb, Richard A. Nightingale, John R. Mackall, Mark K. Olson, D. Vernon Horton, William R. Loomis, Edward E. Birch, Kathy J. Odell, Clayton C. Larson, Gordon J. Wahlgren and Mary Mascolo,
Diana Jessup Lee, California State Bar # 155191
Robert Forouzandeh, California State Bar # 247177
Reicker, Pfau, Pyle & McRoy LLP
1421 State Street, Suite B
Santa Barbara, CA 93101
Mr. Robert Forouzandeh and Diana Jessup Lee,
Santa Barbara Bank & Trust Board of Directors
Again, please provide the Santa Barbara Bank & Trust loan statements for November and December 2011! Please see that Santa Barbara Bank & Trust restores the online accounting for my SBA loan that has been taken down by Santa Barbara Bank & Trust! Attached below is the most recent SBBT online accounting up to November 4, 2011 showing the Santa Barbara Bank & Trust Fraud and Breach of Contract as seen in the November 30, 2011 email from Robert Forouzandeh!
Santa Barbara Bank & Trust has admitted on November 18, 2011 that the Oceano Nursery SBA Loan was required to be “(re-amortized on a yearly basis per SBA loan rules” Santa Barbara Bank & Trust Breached the 2007 Forbearance Agreement by not following the SBA Form 147 Note Rules signed on October 6, 2003! In the Proof of Claim to Judge Robin L. Riblet dated October 28, 2011 Santa Barbara Bank & Trust after Four Years has attempted to show that SBBT is following the rules of SBA Form 147 Note! SBBT States that the payment on 12/1/09 should have been $3,743.71 instead of the SBBT required (Payment Notice) of $4,121.06! This amount overcharged by Santa Barbara Bank & Trust against SBA Form 147 Rules is $377.35 per month in 2009 and $4,528.20 overcharged by Santa Barbara Bank & Trust in 2009!
Santa Barbara Bank & Trust Statement on November 30, 2011 needs to re turned over to the United States Bankruptcy Court Judge Robin L. Riblet “Your client is asking what his December 2011 payment to Santa Barbara Bank and Trust ("SBBT") should be. I would direct his attention to the Proof of Claim filed by SBBT in Mr. Bookout's bankruptcy proceeding, which states that Mr. Bookout's post-petition payments to Santa Barbara Bank & Trust should be $4,077.32. This amount is based on the recalculated principal balance of $400,962.89 which was determined as a result of Mr. Bookout's pre-petition default of the Forbearance Agreement (which had a fixed interest rate of 6%) resulting in the termination of the interest rate afforded under the Forbearance Agreement. I have explained this re-calculation process to your client on several occasions.” Robert Forouzandeh and Diana Jessup Lee, Please review the falsified Santa Barbara Bank & Trust accounting below showing that Santa Barbara Bank & Trust Breached the 2007 Forbearance and Workout Agreement with Santa Barbara Bank & Trusts November 18th and 30th, 2011 email!s!
Santa Barbara Bank & Trust Board of Directors, Robert Forouzandeh and Diana Jessup Lee, Why would Santa Barbara Bank & Trust charge late fees of $206.05 against the October 6, 2003 SBA Form 147 Note? Please review the email below dated August 18, 2010 to Sandra Sheffield! The response from Sandra Sheffield can be seen at www.sbaquestions.net
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Santa Barbara Bank & Trust, N.A., Member FDIC. |
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© 2011 Santa Barbara Bank & Trust, N.A. All rights reserved. |
From: Bill Bookout [mailto:Pismobeachdiveshop@charter.net]
Sent: Wednesday, August 18, 2010 5:57 PM
To: 'sandra.sheffield@pacificcapitalbank.com'
Cc: 'ronald.truly@sba.gov'; 'Carlos.Mendoza@sba.gov'; 'Bill Bookout'
Subject:
Dear Mrs. Sheffield,
If at all possible I would like to do a work out agreement with Pacific Capital Bank, while trying to sell the Oceano Nursery property.
If possible I would like to refinance both the Pismo Beach property and the Oceano Nursery property with the appraisals that Pacific Capital Bank are doing on both of these properties at this time.
I would like to obtain a copy of the 631 Lake Street property appraisal that is tied in with this SBA loan from 2007, when Pacific Capital Bank appraised the Oceano Nursery property for $530,000.00 after Heritage Oaks Bank informed Pacific Capital Bank that I was behind on loan payments.
I would like to receive a full Loan Transaction History going back to the beginning of my loan as this Loan Transaction History found on line below only goes back to 7/31/2008?
Our new business in Pismo Beach is started to do real good with our kayak tours and with the help of a new SBA Loan we will be able to better serve our community.
Thanks
Bill Bookout
Pismo Beach Surf Shop
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Santa Barbara Bank & Trust, Board of Directors, Robert Forouzandeh and Diana Jessup Lee. Santa Barbara Bank & Trust is seen above overcharging late fees against the October 6, 2003 SBA Form 147 Note!
Santa Barbara Bank & Trust is seen above charging (Late Payments) against the 2007 Forbearance and Workout Agreement!
Santa Barbara Bank & Trust is seen above not properly amortizing the Oceano Nursery SBA loan in 2008, 2009, 2010 and 2011 against SBA rules as Santa Barbara Bank & Trust on November 18, 2011 now admits per SBA rules! “re-amortized on a yearly basis per SBA loan rules.”
Robert Forouzandeh and Diana Jessup Lee, Please explain this August 2, 2011 email statement to Judge Robin L, Riblet for the December 16, 2011 hearing! Explain as to how the $45,171.20 was added to the May 19, 2011 Notice of Default by Santa Barbara Bank & Trust?
“The July 27, 2011 statement sent from Santa Barbara Bank and Trust does not include the amounts owed by you for the deferred payments under the Forbearance Agreement. When you breached the Forbearance Agreement by going into default on your loan, pursuant to contract, the deferred payments were accelerated and due in full immediately. Accordingly, they were added to the notice of default amount. Nonetheless, as a token of good faith, if you pay the amount set forth on the July 27, 2011 statement ($102,859.01), Santa Barbara Bank and Trust will accept this as a complete cure of your default on your loan which is now in its 21st month.”
Judge Robin L. Riblet can see from the Santa Barbara Bank & Trust online Loan Accounting above! On September 2, 2008 all Deferred and Defaulted Payments had been Made! This is backed up In Santa Barbara Bank & Trusts September 30, 2008 letter to the United States Small Business Administration attached above! Santa Barbara Bank & Trust falsified the May 19, 2011Notice of Default Claim of $45,171.20 owed Santa Barbara Bank & Trust!
Robert Forouzandeh and Diana Jessup Lee, as Judge Robin L. Riblet can see from Santa Barbara Bank & Trust accounting above, Santa Barbara Bank & Trust has falsified the October 28, 2011 Proof of Claim to the United States Bankruptcy Court Judge Robin L. Riblet! Please explain as to why on August 2, 2011 Santa Barbara Bank & Trust was attempting to collect $102,859.01 in the fraudulent accounting by Santa Barbara Bank & Trust as seen above and in the November 30, 2011 email from Robert Forouzandeh!
Robert Forouzandeh and Diana Jessup Lee, Again, please provide the Santa Barbara Bank & Trust loan statements for November and December 2011 along with a copy of the new amortization for the loan changes made by Santa Barbara Bank & Trust in the October 28, 2011 Proof of Claim to Judge Robin L. Riblet. This Proof of Claim is in dispute with Santa Barbara Bank & Trust and it should be resolved by Judge Robin L. Riblet at our hearing on December 16, 2011!
Sincerely
Bill Bookout
CC KEYT 3 On Your Side CJ Ward
CC Judge Robin L. Riblet---Exhibit # 22
CC Barry A. Cappello Lender Liability
CC Chris Gautschi [sanschromo@yahoo.com]
CC San Luis Obispo District Attorney
CC San Luis Obispo Police Department Case # 111108022
CC Adam D. Kaplan Office of Inspector General OIG complaint ID # 20110484--20120076
From: Bill Bookout [mailto:Pismobeachdiveshop@charter.net]
Sent: Thursday, December 01, 2011 11:23 AM
To: 'Robert Forouzandeh'
Cc: 'Karen Grant'; 'Mary Jo Barbeau'; 'Richard Rossi'; 'Chris Gautschi'; 'Diana Lee'; 'Kaplan, Adam D.(Off. Inspector Gen.)'; 'danhil@charter.net'; 'Bob Johnston'; 'Ashker, Terrill K.'; 'Thomas Cregger'; 'carlos.mendoza@sba.gov'; 'Hobby, Jill C.'; 'Koznek, Jeff'; 'lol@rsmediate.com'; 'rmiller@newtimesslo.com'; 'econnolly@newtimesslo.com'; 'crigley@newtimesslo.com'; 'ctrimble@pismobeach.org'; 'velie@calcoastnews.com'
Subject: RE: Santa Barbara Bank & Trust Loan Fraud and Breach of Contract SBA PLP Loan # 664-196-4009
December 1, 2011
Santa Barbara Bank & Trust
Diana Jessup Lee, California State Bar # 155191
Robert Forouzandeh, California State Bar # 247177
Reicker, Pfau, Pyle & McRoy LLP
1421 State Street, Suite B
Santa Barbara, CA 93101
Mr. Robert Forouzandeh and Diana Jessup Lee,
From Santa Barbara Bank & Trusts email of November 30, 2011: Please provide a full amortization schedule/accounting for Santa Barbara Bank & Trust October 28, 2011 principal balance changes for Bill Bookout and Judge Robin L. Riblet by December 3, 2011.
Please see that Santa Barbara Bank & Trust immediately returns the $7,657.00 overcharged by Santa Barbara Bank & Trust per the 2007 forbearance agreement mistakes made by Santa Barbara Bank & Trust against SBA Form 147 Note that Santa Barbara Bank & Trust has now acknowledged on November 30, 2011!
Please explain to the News Media attached as to why Santa Barbara Bank & Trust would cause Oceano Nursery to have to go out of business in 2007? Please explain as to why Santa Barbara Bank & Trust required Oceano Nursery to fight the Inverse Condemnation in the Deed of Trust and the 2007 Forbearance and Workout Agreement?
Why would Santa Barbara Bank & Trust falsify the 2003 SBA Loan Authorization as seen at www.sbaplploans.com ?
Again, Please provide a full accounting of my SBA Loan from the 2007 forbearance and workout agreement; amortization as Santa Barbara Bank & Trust has again changed their banking documents, per Robert Forouzandeh and Diana Jessup Lees May 6, and May 19, 2011 letters and the two May 5, 2011 amortization schedules!
This Fraud committed by Santa Barbara Bank & Trust is now fully known to the San Luis Obispo News Media! All of Santa Barbara Bank & Trust emails are seen at www.sbaplploans.com for easy reading! KEYT 3 On Your Side has received a copy of the November 30, 2011 email response to Karen L. Grant below from Santa Barbara Bank & Trusts email on November 30, 2011!
Please see that Santa Barbara Bank & Trust refunds the $5,200.00 --2006 Principal Stolen by Santa Barbara Bank & Trust from the principal per the two May 5, 2011 amortization schedules prepared by Santa Barbara Bank & Trust! These falsified schedules are seen at www.santabarbarabankandtrust.co
Please explain as to why Santa Barbara Bank & Trust has eliminated the online loan accounting of the Oceano Nursery SBA Loan?
Santa Barbara Bank & Trust falsified the 2007 Phase 1 reports as seen at www.santabarbarabankandtrust.co Please refund the $3,900.00 for these falsified Phase 1 reports paid for from the 2007 Oceano Nursery business working capital in 2007!
Please see that Santa Barbara Bank & Trust returns the $1,953.45 in attorney fees overcharged by Santa Barbara Bank & Trust in 2007, against the 2007 Oceano Nursery--Forbearance & Workout agreement!
Robert Forouzandeh and Diana Jessup Lee, Please explain this August 2, 2011 email statement to Judge Robin L, Riblet for the December 16, 2011 hearing! Explain as to how the $45,171.20 was added to the May 19, 2011 Notice of Default by Santa Barbara Bank & Trust? “The July 27, 2011 statement sent from Santa Barbara Bank and Trust does not include the amounts owed by you for the deferred payments under the Forbearance Agreement. When you breached the Forbearance Agreement by going into default on your loan, pursuant to contract, the deferred payments were accelerated and due in full immediately. Accordingly, they were added to the notice of default amount. Nonetheless, as a token of good faith, if you pay the amount set forth on the July 27, 2011 statement ($102,859.01), Santa Barbara Bank and Trust will accept this as a complete cure of your default on your loan which is now in its 21st month.”
Robert Forouzandeh and Diana Jessup Lee, Again, please provide the Santa Barbara Bank & Trust loan statements for November and December 2011! Santa Barbara Bank & Trusts November 30, 2011 Statement is not acceptable! “Your client is asking what his December 2011 payment to Santa Barbara Bank and Trust ("SBBT") should be. I would direct his attention to the Proof of Claim filed by SBBT in Mr. Bookout's bankruptcy proceeding, which states that Mr. Bookout's post-petition payments to Santa Barbara Bank & Trust should be $4,077.32. This amount is based on the recalculated principal balance of $400,962.89 which was determined as a result of Mr. Bookout's pre-petition default of the Forbearance Agreement (which had a fixed interest rate of 6%) resulting in the termination of the interest rate afforded under the Forbearance Agreement. I have explained this re-calculation process to your client on several occasions.”
Robert Forouzandeh and Diana Jessup Lee, Please explain as to why Santa Barbara Bank & Trust would not let the 631 Lake Street House be sold for a profit of $10,000.00 in 2010? Santa Barbara Bank & Trust in the 2007 forbearance and workout agreement that Robert Forouzandeh has now acknowledged being broken by Santa Barbara Bank & Trust should have never, have taken a second on this house used for business debts from Santa Barbara Bank & Trusts fraudulent SBA Loan Authorization actions in 2003, as seen at www.sbaplploans.com !
Robert Forouzandeh and Diana Jessup Lee, This is again a Written Demand Letter of Santa Barbara Bank & Trust to Rescind the Fraudulent NOD filed on May 19, 2011 on the Oceano Nursery property and the Pismo Beach Property by December 6, 2011!
Please let the Santa Barbara Bank & Trust Board of Directors George Leis, Gerald J. Ford, Carl B. Webb, Richard A. Nightingale, John R. Mackall, Mark K. Olson, D. Vernon Horton, William R. Loomis, Edward E. Birch, Kathy J. Odell, Clayton C. Larson, Gordon J. Wahlgren and Mary Mascolo; Make this Santa Barbara Bank & Trust, banking decision after reviewing the documents at www.santabarbarabankandtrust.co and Robert Forouzandeh’s most recent email communication on November 30, 2011 and November 23, 2011 at www.sbaplploans.com
Sincerely
Bill Bookout
CC KEYT 3 On Your Side
CC Judge Robin L. Riblet---Exhibit # 22
CC Barry A. Cappello Lender Liability
CC Chris Gautschi [sanschromo@yahoo.com]
CC San Luis Obispo District Attorney
CC San Luis Obispo Police Department Case # 111108022
CC Adam D. Kaplan Office of Inspector General OIG complaint ID # 20110484--20120076
From: Bill Bookout [mailto:Pismobeachdiveshop@charter.net]
Sent: Wednesday, November 30, 2011 3:12 PM
To: 'Karen Grant'
Cc: 'Mary Jo Barbeau'; 'Richard Rossi'; 'Chris Gautschi'; 'Diana Lee'; 'Robert Forouzandeh'; 'Kaplan, Adam D.(Off. Inspector Gen.)'; 'danhil@charter.net'; 'Bob Johnston'; 'Ashker, Terrill K.'; 'Thomas Cregger'; 'carlos.mendoza@sba.gov'; 'Hobby, Jill C.'; 'Koznek, Jeff'; 'lol@rsmediate.com'; 'rmiller@newtimesslo.com'; 'econnolly@newtimesslo.com'; 'crigley@newtimesslo.com'; 'ctrimble@pismobeach.org'; 'velie@calcoastnews.com'
Subject: RE: Santa Barbara Bank & Trust Loan Fraud and Breach of Contract SBA PLP Loan # 664-196-4009
November 30, 2011
Santa Barbara Bank & Trust Board of Directors George Leis, Gerald J. Ford, Carl B. Webb, Richard A. Nightingale, John R. Mackall, Mark K. Olson, D. Vernon Horton, William R. Loomis, Edward E. Birch, Kathy J. Odell, Clayton C. Larson, Gordon J. Wahlgren and Mary Mascolo;
Karen L. Grant
California State Bar # 122084
924 Anacapa Street, Ste 1M
Santa Barbara, Ca 93101
1-805-962-4413
Dear Mrs. Karen L. Grant,
Please provide a copy of this response to the Santa Barbara Bank & Trust Board of Directors attached above from Robert Forouzandeh’s November 30, 2011 email below! All documents and communication can be seen at www.sbaplploans.com
Santa Barbara Bank & Trust has still not provided a monthly loan payment statement for November and December 2011 with the changes mentioned by Robert Forouzandeh, in his November 23, 2011 email attached! Santa Barbara Bank & Trust in the 2007 forbearance and workout agreement charged an improper amortized monthly payment of $4,121.06 instead of $3,880.20 per month affecting Oceano Nursery’s business income!
Robert Forouzandeh, has stated below on November 30, 2011. “Your client is asking what his December 2011 payment to Santa Barbara Bank and Trust ("SBBT") should be. I would direct his attention to the Proof of Claim filed by SBBT in Mr. Bookout's bankruptcy proceeding, which states that Mr. Bookout's post-petition payments to Santa Barbara Bank & Trust should be $4,077.32. This amount is based on the recalculated principal balance of $400,962.89 which was determined as a result of Mr. Bookout's pre-petition default of the Forbearance Agreement (which had a fixed interest rate of 6%) resulting in the termination of the interest rate afforded under the Forbearance Agreement. I have explained this re-calculation process to your client on several occasions. In the May 5, 2011 Santa Barbara Bank & Trust amortization schedule attached, SBBT claimed that the payment in 2007 should have been $4,055.30 without paying any principal from the $22,274.46 five payments as seen attached and at www.sbaplploans.com
Karen L. Grant, Please request the proper Santa Barbara Bank & Trust December 2011 Statement from Santa Barbara Bank & Trust! I am requesting that Judge Robin L. Riblet have a copy of the November and December 2011 Santa Barbara Bank & Trust (Payment Notices), once they have been prepared by Santa Barbara Bank & Trust! Santa Barbara Bank & Trust (Incorrect Interest Rate Adjustments) needs to be reviewed by Judge Robin L. Riblet along with the (Misapplied Payments) since the 2007 forbearance & workout agreement as now put into question by Robert Forouzandeh.
As explained below I have attached for Judge Robin L. Riblet, Santa Barbara Bank & Trusts online accounting from June 18, 2007 showing a balance owed in June of 2007 of $472,823.65 instead of the $487,469.96 claimed by Diana Jessup Lee in the amortization schedule she provided on May 6, 2011 and her May 19, 2011 letter attached. Attached is the June 23, 2007 payment notice showing a balance owed $472,774.05 instead of the $487,469.96 claimed by Diana Jessup Lee as Mr. Forouzandeh, is still using undocumented accounting! Please have Santa Barbara Bank & Trust explain as to why in the 2007 forbearance and workout agreement SBBT had not properly amortized the Oceano Nursery SBA Loan against SBA Form 147 Note? Robert Forouzandeh, has stated below on November 30, 2011. “Please be advised that pursuant to the terms of Mr. Bookout's loan, the loan will be re-amortized as of January 2012. Due to Mr. Bookout's long running default on this loan, upon re-amortization, the monthly payments will change. Once the loan is re-amortized, I will provide you with the new payment amount which will be applicable for the entire 2012 calendar year.”
Santa Barbara Bank & Trust had the ability to properly amortize the Oceano Nursery SBA Loan in 2007 with the Forbearance Agreement. This could have been done by Santa Barbara Bank & Trust taking the June 23, 2007 (Payment Notice) showing a Loan Balance of $420,024.30 plus the Previous Due of $52,749.75 added together totaling $472,774.05 and then subtracting the $22,274.46 bring a balance down to $450,499.59 and then subtracting the $5,200.00 of principal not accounted for by Santa Barbara Bank & Trust bringing the proper principal owed down to $445,299.59 with a August 1, 2007 monthly payment of $3,880.20 instead of the $4,121.06 charged against SBA Form 147 Note signed on October 6, 2003! Santa Barbara Bank & Trust should not be allowed to make up fraudulent loan figures as presented by Robert Forouzandeh, again on November 30, 2011!
In 2007 Extra Principal Paid was $2,236.82. The SBA loan should have been re amortized in 2007 and 2008 under terms per SBA Form 147 Note, as Mr. Forouzandeh, is claiming will be done in 2012!
In 2008 Extra Principal Paid was $631.52. The SBA loan should have been re amortized in 2009 under terms per SBA Form 147 Note, as Mr. Forouzandeh, is claiming will be done in 2012!
In 2009 Extra Principal Paid was $473.64. The SBA loan should have been re amortized in 2010 under terms per SBA Form 147 Note, as Mr. Forouzandeh, is claiming will be done in 2012!
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Principal: |
$445299.59 |
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Interest Rate: |
6% |
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Loan Term: |
171 months |
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Number of Payments: |
171 |
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Monthly Payment: |
$3,880.20 |
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Total Principal Paid: |
$445,299.59 |
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Total Interest Paid: |
$218,214.93 |
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Total Paid: |
$663,514.52 |
Santa Barbara Bank & Trust online accounting as of November 20, 2011 showing a Principal Balance of $390,996.91 instead of the Proof of Claim presented to Judge Robin L. Riblet. The Principal balance is not $400,962.89 claimed to Judge Robin J. Riblet.
Notice the Santa Barbara Bank & Trust late fee amount of $206.05 against SBA Form 147 Note!
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11/4/2011 |
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$4,121.06 |
$390,996.91 |
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10/11/2011 |
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$4,121.06 |
$390,996.91 |
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9/16/2011 |
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$206.05 |
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$390,996.91 |
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8/30/2011 |
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$650.00 |
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$390,996.91 |
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8/30/2011 |
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$4,000.00 |
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$390,996.91 |
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8/30/2011 |
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$650.00 |
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$390,996.91 |
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8/30/2011 |
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$3,500.00 |
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$390,996.91 |
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8/16/2011 |
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$206.05 |
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$390,996.91 |
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7/18/2011 |
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$206.05 |
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$390,996.91 |
The 2007 (forbearance agreement which was not been adhered to by Santa Barbara Bank & Trust) needs to be reviewed by Judge Robin L. Riblet and Santa Barbara Bank & Trust needs to explain as to why SBBT has claimed to Judge Robin L. Riblet; in a (Proof of Claim) that Santa Barbara Bank & Trust is owed $45,171.20 in deferred and defaulted payments against the Santa Barbara Bank & Trust documents attached for Judge Robin L. Riblet!
Please provide the above attached PDF documents to Judge Robin L. Riblet with the Santa Barbara Bank & Trust loan changes as noted by Robert Forouzandeh on November 23, 2011! Please explain to Judge Robin L. Riblet as to why in the attached October 26, 2010 (Demand Letter) that Santa Barbara Bank & Trust does not show the $45,171.20 per the May 19, 2011 Notice of Default that has caused this Bankruptcy?
How does Santa Barbara Bank & Trust justify, their May 19, 2011 Notice of Default claim of $45,171.20 against their own banking documents attached above? Again, please have Santa Barbara Bank & Trust provide their new (Payment Notices) for December and November 2011 per Mr. Robert Forouzandeh’s; November 23, 2011 email attached above and below!
Robert Forouzandeh, states below for Santa Barbara Bank & Trust on November 18, 2011. “There is nothing deficient about the May 19, 2011 NOD. Santa Barbara Bank and Trust will not rescind it. We have reviewed all of the information pertaining to this NOD and it is valid.” This now needs to be decided by Judge Robin L. Riblet and the United States Small Business Administration attached above.
Karen L. Grant, please see that Santa Barbara Bank provides a full accounting of the $45,171.20 deferred and defaulted payments to myself and Judge Robin L. Riblet per the October 28, 2011 Proof of Claim and Your November 7, 2011 accounting to the United States Bankruptcy Court! If Santa Barbara Bank & Trust has a undisclosed third and different, accounting system, other then Santa Barbara Bank & Trusts online website mentioned by Robert Forouzandeh in his November 23, 2011 email attached! Then, please provide a copy of this system to myself and Judge Robin L. Riblet! The monthly (Payment Notice’s) attached and the 2007 online accounting does not show the $45,171.20 claimed by Santa Barbara Bank & Trust per the May 19, 2011 NOD and the November 8, 2011 SBBT (Objection To Chapter 13 Plan by Santa Barbara Bank & Trust)!
Karen L. Grant, Robert Forouzandeh and Diana Jessup Lee, This is again a Written Demand Letter of Santa Barbara Bank & Trust to Rescind the Fraudulent NOD filed on May 19, 2011 on the Oceano Nursery property and the Pismo Beach Property within one week of November 18, 2011! Please let the Santa Barbara Bank & Trust Board of Directors George Leis, Gerald J. Ford, Carl B. Webb, Richard A. Nightingale, John R. Mackall, Mark K. Olson, D. Vernon Horton, William R. Loomis, Edward E. Birch, Kathy J. Odell, Clayton C. Larson, Gordon J. Wahlgren and Mary Mascolo; Make this decision after reviewing the documents attached and Robert Forouzandeh’s most recent email communication on November 23, 2011!
Sincerely
Bill Bookout
CC Judge Robin L. Riblet---Exhibit # 22
CC Barry A. Cappello Lender Liability
CC Chris Gautschi [sanschromo@yahoo.com]
CC San Luis Obispo District Attorney
CC San Luis Obispo Police Department Case # 111108022
CC Adam D. Kaplan Office of Inspector General OIG complaint ID # 20110484--20120076
From: Robert Forouzandeh [mailto:rforouzandeh@rppmh.com]
Sent: Wednesday, November 30, 2011 12:24 PM
To: 'Richard Rossi'
Cc: 'Chris Gautschi'; Diana Lee; 'Karen Grant'; Bill Bookout; Mary Jo Barbeau
Subject: RE: Santa Barbara Bank & Trust Loan Fraud and Breach of Contract SBA PLP Loan # 664-196-4009
Mr. Rossi:
Your client is asking what his December 2011 payment to Santa Barbara Bank and Trust ("SBBT") should be. I would direct his attention to the Proof of Claim filed by SBBT in Mr. Bookout's bankruptcy proceeding, which states that Mr. Bookout's post-petition payments to Santa Barbara Bank & Trust should be $4,077.32. This amount is based on the recalculated principal balance of $400,962.89 which was determined as a result of Mr. Bookout's pre-petition default of the Forbearance Agreement (which had a fixed interest rate of 6%) resulting in the termination of the interest rate afforded under the Forbearance Agreement. I have explained this re-calculation process to your client on several occasions.
Please be advised that pursuant to the terms of Mr. Bookout's loan, the loan will be re-amortized as of January 2012. Due to Mr. Bookout's long running default on this loan, upon re-amortization, the monthly payments will change. Once the loan is re-amortized, I will provide you with the new payment amount which will be applicable for the entire 2012 calendar year.
Please contact me if you have any questions.
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
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From: Bill Bookout [mailto:Pismobeachdiveshop@charter.net]
Sent: Tuesday, November 29, 2011 2:00 PM
To: 'Richard Rossi'
Cc: 'Chris Gautschi'; Diana Lee; rmiller@newtimesslo.com; crigley@newtimesslo.com; lol@rsmediate.com; 'Kaplan, Adam D.(Off. Inspector Gen.)'; 'Koznek, Jeff'; danhil@charter.net; ajsantana@co.slo.ca.us; dvallely@co.slo.ca.us; 'Pamela Brinks'; econnolly@newtimesslo.com; Robert Forouzandeh; 'Ashker, Terrill K.'; carlos.mendoza@sba.gov; 'Hobby, Jill C.'; 'Bob Johnston'; 'Karen Grant'; 'Thomas Cregger'
Subject: RE: Santa Barbara Bank & Trust Loan Fraud and Breach of Contract SBA PLP Loan # 664-196-4009
November 29, 2011
Dear Mr. Richard Rossi,
Santa Barbara Bank & Trust has still not provided a monthly loan statement for December 2011 with the changes mentioned by Robert Forouzandeh, in his November 23, 2011 email attached! Please request this December 2011 Statement from Santa Barbara Bank & Trust (Robert Forouzandeh) I am requesting that Judge Robin L. Riblet have a copy of the November and December 2011 Santa Barbara Bank & Trust (Payment Notices), once they have been prepared by Santa Barbara Bank & Trust!
Please provide the attached documents to Judge Robin L. Riblet for our December 16, 2011 hearing along with the emails from Robert Forouzandeh, Karen Grant and Diana Lee.
Please make sure that Judge Robin L. Riblet is provided and made aware of the October 26, 2010 Santa Barbara Bank & Trust Demand Statement showing no deferred principal and interest as claimed to Judge Robin L. Riblet in the October 28, 2011 (Proof Of Claim). Santa Barbara Bank & Trust in this demand shows the principal balance to be $390,996.91 instead of the $400,962.89 claimed by Robert Forouzandeh, on November 23, 2011.
I have attached for Judge Robin L. Riblet, Santa Barbara Bank & Trusts online accounting from June 18, 2007 showing a balance owed in June of 2007 of $472,823.65 instead of the $487,469.96 claimed by Diana Jessup Lee in the amortization schedule she provided on May 6, 2011 and her May 19, 2011 letter attached. Attached is the June 23, 2007 payment notice showing a balance owed $472,774.05 instead of the $487,469.96 claimed by Diana Jessup Lee!
In the Santa Barbara Bank & Trust online statements attached in 2007 and 2008 Santa Barbara Bank & Trust is found paying no principal and only deferred interest. The Notice of Default filed by Santa Barbara Bank & Trust on May 19, 2011 is fraudulent as seen in Santa Barbara Bank & Trusts own documents and the Proof of Claim presented to Judge Robin L. Riblet, by Santa Barbara Bank & Trust on October 28, 2011 claiming $45,171.20 in deferred and defaulted payments! Please have Santa Barbara Bank & Trust explain this $45,171.20 claimed to Judge Robin L. Riblet!
Santa Barbara Bank & Trust/Robert Forouzandeh, States November 18, 2011. “There is nothing deficient about the May 19, 2011 NOD. Santa Barbara Bank and Trust will not rescind it. We have reviewed all of the information pertaining to this NOD and it is valid.” This now needs to be decided by Judge Robin L. Riblet and the United States Small Business Administration attached above.
How does Santa Barbara Bank & Trust justify, their May 19, 2011 Notice of Default claim of $45,171.20 against their own banking documents attached above? Again, please have Santa Barbara Bank & Trust provide their new (Payment Notice) for December and November 2011 per Mr. Robert Forouzandeh’s; November 23, 2011 email attached above and below!
Sincerely
Bill Bookout
CC Judge Robin L. Riblet---Exhibit # 22
CC Barry A. Cappello Lender Liability
CC Chris Gautschi [sanschromo@yahoo.com]
CC San Luis Obispo District Attorney
CC San Luis Obispo Police Department Case # 111108022
CC Adam D. Kaplan Office of Inspector General OIG complaint ID # 20110484--20120076
From: Bill Bookout [mailto:Pismobeachdiveshop@charter.net]
Sent: Monday, November 28, 2011 4:54 PM
To: 'Richard Rossi'
Cc: 'Chris Gautschi'; 'Diana Lee'; 'rmiller@newtimesslo.com'; 'crigley@newtimesslo.com'; 'lol@rsmediate.com'; 'Kaplan, Adam D.(Off. Inspector Gen.)'; 'Koznek, Jeff'; 'danhil@charter.net'; 'ajsantana@co.slo.ca.us'; 'dvallely@co.slo.ca.us'; 'Pamela Brinks'; 'econnolly@newtimesslo.com'; 'Robert Forouzandeh'; 'Ashker, Terrill K.'; 'carlos.mendoza@sba.gov'; 'Hobby, Jill C.'; 'Bob Johnston'; 'Karen Grant'
Subject: RE: Santa Barbara Bank & Trust Loan Fraud and Breach of Contract SBA PLP Loan # 664-196-4009
November 28, 2011
Dear Mr. Richard Rossi,
Santa Barbara Bank & Trust has communicated with me on November 18 and 23, 2011 in which I have responded below with questions asked of Santa Barbara Bank & Trust. Please see that Santa Barbara Bank & Trust answers these questions for us and Judge Robin L. Riblet for our up coming Bankruptcy Court Hearing on December 16, 2011. Please copy this to the Judge Robin L. Riblet with the communication by Robert Forouzandeh below and Santa Barbara Bank & Trust changing their May 5, 2011 amortization of my SBA Loan on October 28, 2011.
Mr. Rossi, Santa Barbara Bank & Trust has not provided a Payment Notice for November 2011 and now December 2011 payments. Can you contact Robert Forouzandeh and Diana Jessup Lee for the proper amount Santa Barbara Bank & Trust now claims is owed SBBT per their newly changed computerized records accounting as stated by Robert Forouzandeh on November 23, 2011? “The $390,996.91 balance appears on SBBT's online account access for your loan because that system has not been updated to rescind the terms of the Forbearance Agreement and has accordingly not re-calculated or re-amortized your loan based on the original loan terms.”
Once I have received the new amortized loan amount as changed by Santa Barbara Bank & Trust I will be able to make my December payment.
Robert Forouzandeh, has stated August 2, 2011 against the August 29, 2011 SBA Form 1149 as seen at www.sbaplploans.com “The July 27, 2011 statement sent from Santa Barbara Bank and Trust does not include the amounts owed by you for the deferred payments under the Forbearance Agreement. When you breached the Forbearance Agreement by going into default on your loan, pursuant to contract, the deferred payments were accelerated and due in full immediately”
Again, Santa Barbara Bank & Trust has falsified the May 19, 2011 Notice of Default in claiming $45,171.20 not owed Santa Barbara Bank & Trust as seen in their documents at www.sbaplploans.com Is it legal to falsify a Notice of Default like Santa Barbara Bank & Trust has done on May 19, 2011? Robert Forouzandeh, as stated on August 2, 2011 is wrong in his email and this needs, to be addressed to Judge Robin L. Riblet for our December 16, 2011 Bankruptcy Hearing!
This statement by Robert Forouzandeh, on November 18, 2011 needs to be reviewed by Judge Robin L. Riblet for our December 16, 2011 Bankruptcy hearing, “With that being said, as I have done on countless occasions in the past, I deny each and every one of the false allegations that you have set forth in your email below. There is nothing deficient about the May 19, 2011 NOD. Santa Barbara Bank and Trust will not rescind it. We have reviewed all of the information pertaining to this NOD and it is valid.”
Does Santa Barbara Bank & Trust have a plan to reimburse me for the extra principal charged by Santa Barbara Bank & Trust since the 2007 forbearance & workout agreement that Santa Barbara Bank & Trust has admitted to over charging me on May 6, 2011 in the letter from Diana Jessup Lee as seen at www.sbaplploans.com ? Is it Legal for a bank to monthly over charge a SBA loan like Santa Barbara Bank & Trust has admitted too since 2007?
I would again hope that this falsified May 19, 2011 NOD could be resolved in mediation.
Sincerely
Bill Bookout
CC Judge Robin L. Riblet---Exhibit # 22
CC Barry A. Cappello Lender Liability
CC Chris Gautschi [sanschromo@yahoo.com]
CC San Luis Obispo District Attorney
CC San Luis Obispo Police Department Case # 111108022
CC Adam D. Kaplan Office of Inspector General OIG complaint ID # 20110484
From: Bill Bookout [mailto:Pismobeachdiveshop@charter.net]
Sent: Friday, November 25, 2011 8:45 AM
To: 'Robert Forouzandeh'
Cc: 'Chris Gautschi'; 'Richard Rossi'; 'Diana Lee'; 'rmiller@newtimesslo.com'; 'crigley@newtimesslo.com'; 'lol@rsmediate.com'; 'Kaplan, Adam D.(Off. Inspector Gen.)'; 'Koznek, Jeff'; 'danhil@charter.net'; 'ajsantana@co.slo.ca.us'; 'dvallely@co.slo.ca.us'; 'Thomas Cregger'; 'Pamela Brinks'; 'econnolly@newtimesslo.com'
Subject: RE: Santa Barbara Bank & Trust Loan Fraud and Breach of Contract SBA PLP Loan # 664-196-4009
November 25, 2011
Santa Barbara Bank & Trust
Robert Forouzandeh State Bar # 247177
Mr. Forouzandeh,
In reviewing your November 23, 2011 response a little more, Please provide the new full re-amortized Santa Barbara Bank & Trust amortization to myself, the SBA and Judge Robin L. Riblet since the 2007 Forbearance & Workout Agreement! Please explain as to why Santa Barbara Bank & Trust is fraudulently attempting to charge $45,171.20 in the May 19, 2011 NOD that Santa Barbara Bank & Trust has accounted for in the September 30, 2008 letter to the SBA?
Mr. Forouzandeh, In the June 23, 2007 (Payment Notice) attached. Please provide the Santa Barbara Bank & Trust records showing that $45,171.20 is owed in deferred and defaulted payments as presented to Judge Robin L. Riblet on October 28, 2011! Please explain as to why Santa Barbara Bank & Trust did not live up to the June 30, 2007 forbearance and workout agreement or SBA Form 147 Note?
Santa Barbara Bank & Trust States on November 23, 2011: “Our response is as follows: The $390,996.91 was calculated using the fixed interest rate of 6% set forth in the Forbearance Agreement. Due to your default of the Forbearance Agreement, the Forbearance Agreement was rescinded (as permitted by its terms) and the principal amount of the loan was re-calculated and re-amortized going back to the date of the Forbearance Agreement using the interest rate of Prime + 2% (as required in your original loan) for the time period between the date of the Forbearance Agreement and the date of the Proof of Claim with the loan being re-amortized on a yearly basis per SBA loan rules.”
SBA Form 1149 does not show this action by Santa Barbara Bank & Trust. Please provide the Payment Notice’s for November and December 2011 with Santa Barbara Bank & Trusts new re-amortized SBA PLP Loan # 664-196-4009 to myself the SBA attached above and Judge Robin L. Riblet.
Mr. Forouzandeh, will Santa Barbara Bank & Trust be recalculating the late fees as seen online with Santa Barbara Bank & Trust? I am requesting to have all online changes done immediately as now presented in your November 23, 2011 email! Please note that Santa Barbara Bank & Trust has a history since 2007 of paying late fees from my additional principal paid Santa Barbara Bank & Trust which now need to be properly accounted for!
Santa Barbara Bank & Trust has now provided three different loan accounting since May 6, 2011. The first claimed my monthly payment should have been $4,055.30 instead of $4,121.06. The Second claimed my monthly payment should have been $4,028.05. The Third on October 28, 2011 by Santa Barbara Bank & Trust is claiming that my monthly payment in 2009 should have been $3,743.71. In 2010 should have been $3,816.71. In 2011 should have been $4,077.32.
Mr. Forouzandeh, Please provide a Santa Barbara Bank & Trusts breakdown of how my extra Principal paid Santa Barbara Bank & Trust has been computed in the Proof of Claim to Judge Robin L. Riblet. Santa Barbara Bank & Trust States on November 23, 2011 “The $390,996.91 balance appears on SBBT's online account access for your loan because that system has not been updated to rescind the terms of the Forbearance Agreement and has accordingly not re-calculated or re-amortized your loan based on the original loan terms.” If this is the case, then Santa Barbara Bank & Trust has had since January 2010 to make this correction! SBA Form 1149 dated August 29, 2011 will have to be corrected for the SBA attached above!
Please note that Mr. Rossi is only handling the Bankruptcy caused by Santa Barbara Bank & Trust. Mr. Rossi has is helping in finding an attorney that handles this type of Fraud and Breach of Contract. Santa Barbara Bank & Trust has hired another law firm to handle their fraudulent NOD filed on May 19, 2011.
Mr. Forouzandeh, In Regards to the Original Loan SBA loan terms, please explain as to why Santa Barbara Bank & Trust has ignored SBA Form 147 Note since the June 30, 2007 Forbearance and Workout Agreement until the October 28, 2011 Proof Of Claim to Judge Robin L. Riblet? Santa Barbara Bank & Trust had the ability to properly amortize the Oceano Nursery SBA PLP Loan # 664-196-4009 in 2007 with the Forbearance Agreement. This could have been done by Santa Barbara Bank & Trust taking the June 23, 2007 (Payment Notice) showing a Loan Balance of $420,024.30 plus the Previous Due of $52,749.75 added together totaling $472,774.05 and then subtracting the $22,274.46 bring a balance down to $450,499.59 and then subtracting the $5,200.00 of principal not accounted for by Santa Barbara Bank & Trust bringing the proper principal owed down to $445,299.59 with a August 1, 2007 monthly payment of $3,880.20 instead of the $4,121.06 charged against SBA Form 147 Note signed on October 6, 2003! Mr. Forouzandeh, why did Santa Barbara Bank & Trust pay no attention to SBA Form 147 Note until October 28, 2011? What has Santa Barbara Bank & Trust done with my $5,200.00 of Principal paid per the June30, 2007 Forbearance & Workout agreement?
Robert Forouzandeh and Diana Jessup Lee, This is again a Written Demand Letter of Santa Barbara Bank & Trust to Rescind the Fraudulent NOD filed on May 19, 2011 on the Oceano Nursery property and the Pismo Beach Property within one week of November 18, 2011! Please let the Santa Barbara Bank & Trust Board of Directors George Leis, Gerald J. Ford, Carl B. Webb, Richard A. Nightingale, John R. Mackall, Mark K. Olson, D. Vernon Horton, William R. Loomis, Edward E. Birch, Kathy J. Odell, Clayton C. Larson, Gordon J. Wahlgren and Mary Mascolo; Make this decision after reviewing the documents attached and your most recent communication on November 23, 2011!
Sincerely
Bill Bookout
CC California State Attorney General, Kamala D. Harris
California Department of Justice
P. O. Box 944255
Sacramento, Ca 94244-2550
CC Judge Robin L. Riblet---Exhibit # 22
CC Barry A. Cappello Lender Liability
CC Chris Gautschi [sanschromo@yahoo.com]
CC San Luis Obispo District Attorney
CC San Luis Obispo Police Department Case # 111108022
CC Adam D. Kaplan Office of Inspector General OIG complaint ID # 20110484
CC Thomas Cregger –Union Pacific Rail Road
From: Bill Bookout [mailto:Pismobeachdiveshop@charter.net]
Sent: Wednesday, November 23, 2011 1:51 PM
To: 'Robert Forouzandeh'
Cc: 'Chris Gautschi'; 'Richard Rossi'; 'Diana Lee'; 'rmiller@newtimesslo.com'; 'crigley@newtimesslo.com'; 'lol@rsmediate.com'; 'Kaplan, Adam D.(Off. Inspector Gen.)'; 'Koznek, Jeff'; 'danhil@charter.net'; 'ajsantana@co.slo.ca.us'; 'dvallely@co.slo.ca.us'; 'Thomas Cregger'; 'Karen Grant'; 'Pamela Brinks'
Subject: RE: Santa Barbara Bank & Trust Loan Fraud and Breach of Contract SBA PLP Loan # 664-196-4009
November 23, 2011
Robert Forouzandeh State Bar # 247177
Diana Jessup Lee State Bar # 155191
Santa Barbara Bank & Trust Board of Directors George Leis, Gerald J. Ford, Carl B. Webb, Richard A. Nightingale, John R. Mackall, Mark K. Olson, D. Vernon Horton, William R. Loomis, Edward E. Birch, Kathy J. Odell, Clayton C. Larson, Gordon J. Wahlgren and Mary Mascolo;
Mr. Forouzandeh,
Santa Barbara Bank & Trust, in 2007 immediately breached the 2007 Forbearance and Workout Agreement as seen in the May 6, 2011 and May 19, 2011 letters by Diana Jessup Lee! Please see the two different amortization schedules prepared by Santa Barbara Bank & Trust at www.sbbtfraud.com
Santa Barbara Bank & Trust States on November 23, 2011. “Our response is as follows: The $390,996.91 was calculated using the fixed interest rate of 6% set forth in the Forbearance Agreement.”
This fixed rate that Santa Barbara Bank & Trust is claiming has broken the 2007 Forbearance agreement by overcharging my SBA PLP Loan # 664-196-4009 by $240.86 as seen below! Santa Barbara Bank & Trust did not have a legal right to charge $4,121.06 per month against SBA Form 147 Noted signed with Santa Barbara Bank & Trust on October 6, 2003!
|
11/4/2011 |
|
|
$4,121.06 |
$390,996.91 |
|
|
10/11/2011 |
|
|
$4,121.06 |
$390,996.91 |
|
|
9/16/2011 |
|
$206.05 |
|
$390,996.91 |
Mr. Forouzandeh, Please explain as to why Santa Barbara Bank & Trust has stated to the U.S. Small Business Administration on August 29, 2011 that my principal Balance was $390,996.91 as you state: “The $390,996.91 balance appears on SBBT's online account access for your loan because that system has not been updated to rescind the terms of the Forbearance Agreement and has accordingly not re-calculated or re-amortized your loan based on the original loan terms.”
In Regards to the Original Loan Terms, please explain as to why Santa Barbara Bank & Trust has ignored SBA Form 147 Note since the June 30, 2007 Forbearance and Workout Agreement?
Robert Forouzandeh State Bar # 247177; As you are my designated person; at Santa Barbara Bank & Trust to ask banking questions of. Can you explain as to why Santa Barbara Bank & Trust is charging my SBA loan $4,121.06 per month as seen online? This payment per SBA Form 147 Note should have been $3,880.20 per month!
Again, How did Santa Barbara Bank & Trust come up with a principal balance owed of $400,962.89 in their Proof of Claim for Judge Robin L. Riblet dated October 28, 2011?
Robert Forouzandeh State Bar # 247177 -- Santa Barbara Bank & Trust claims on 11/28/2011 that they are owed $45,171.20 in deferred and defaulted payments past due! Please explain as to how Santa Barbara Bank & Trust can claim this amount, when Santa Barbara Bank & Trust on September 30, 2008 informed the SBA. “In addition interest has been paid current and the loan is fully secured with real estate.” ???? Please explain this to myself and those attached above along with Judge Robin L. Riblet!
Robert Forouzandeh and Diana Jessup Lee, Please explain as to why the July 6, 2007 payment of $22,274.46 was not credited to any Principal as seen in the May 5, 2011 amortization schedule? Please explain as to why Santa Barbara Bank & Trust has stolen $5,200.00 in the 2007 forbearance agreement principal? Notice the Santa Barbara Bank & Trust Loan Payment History attached above showing the $22,274.46 five payments going to interest only and none to principal! What has Santa Barbara Bank & Trust done with my $5,200.00 in principal not applied to my Oceano Nursery SBA Loan in the 2007 forbearance agreement? This statement on June 19, 2011 by Diana Jessup Lee is unacceptable and false! “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.”
Attached is the August 29, 2011 Lenders Transcript of Account showing only interest payments from 7/6/07—9/2/08 against the 2007 Forbearance Agreement (emphasis added). No Principal was paid from May 2006 to September 2006! Attached is the May 19, 2011 letter from Diana Jessup Lee per her June 29, 2011 email attached!
Attached is a July 16, 2008 OCC letter showing that Santa Barbara Bank & Trust, claim that the $22,274.46 is applied to Principal and Interest. Why would Santa Barbara Bank & Trust misapply this principal paid SBBT, from my Oceano Nursery SBA loan against the OCC‘s July 16, 2008 letter. Why would Santa Barbara Bank & Trust charge $1,953.45 in attorney fees as seen in this OCC letter from 6/30-9/30/2007 against the June 30, 2007 Forbearance And Workout Agreement?
Robert Forouzandeh and Diana Jessup Lee, Please explain the letter attached that was written by Diana Jessup Lee on May 19, 2011 claiming that on July 6, 2007 $487,469.96 was owed on the Oceano Nursery SBA loan before the five payments of $22,274.46 with Santa Barbara Bank & Trust just subtracting, interest bringing this loan down to $465,195.50 and stealing $5,200.00 of principal from Bill Bookout and Oceano Nursery? Robert Forouzandeh and Diana Jessup Lee, again I am asking Santa Barbara Bank & Trust to cancel the May 19, 2011 NOD filed on the Oceano Nursery property and the 470 Price Street property!
Robert Forouzandeh and Diana Jessup Lee, attached are a few emails from both of you claiming that Santa Barbara Bank & Trust paid principal on the $22,274.46 for the five payments per the forbearance agreement! Please explain to myself, Judge Robin L. Riblet, the San Luis Obispo District Attorney and the San Luis Obispo Police Department attached above as to what Santa Barbara Bank & Trust has done with this $5,200.00 of my principal paid towards my SBA loan in 2007? This principal paid does not show up in the SBA Form 1149 prepared by Santa Barbara Bank & Trust on August 29, 2011. The deferred payments claimed of $45,171.20 does not show up in SBA Form 1149 prepared by SBBT on August 29, 2011!
Santa Barbara Bank & Trust had the ability to properly amortize the Oceano Nursery SBA Loan in 2007 with the Forbearance Agreement. This could have been done by Santa Barbara Bank & Trust taking the June 23, 2007 (Payment Notice) showing a Loan Balance of $420,024.30 plus the Previous Due of $52,749.75 added together totaling $472,774.05 and then subtracting the $22,274.46 bring a balance down to $450,499.59 and then subtracting the $5,200.00 of principal not accounted for by Santa Barbara Bank & Trust bringing the proper principal owed down to $445,299.59 with a August 1, 2007 monthly payment of $3,880.20 instead of the $4,121.06 charged against SBA Form 147 Note signed on October 6, 2003!
In 2007 Extra Principal Paid was $2,236.82. The SBA loan should have been re amortized in 2007 and 2008 under terms per SBA Form 147 Note.
In 2008 Extra Principal Paid was $631.52. The SBA loan should have been re amortized in 2009 under terms per SBA Form 147 Note.
In 2009 Extra Principal Paid was $473.64. The SBA loan should have been re amortized in 2010 under terms per SBA Form 147 Note.
|
Principal: |
$445299.59 |
|
Interest Rate: |
6% |
|
Loan Term: |
171 months |
|
Number of Payments: |
171 |
|
Monthly Payment: |
$3,880.20 |
|
Total Principal Paid: |
$445,299.59 |
|
Total Interest Paid: |
$218,214.93 |
|
Total Paid: |
$663,514.52 |
Santa Barbara Bank & Trust online accounting as of November 20, 2011 showing a Principal Balance of $390,996.91 instead of the Proof of Claim presented to Judge Robin L. Riblet. The Principal balance is not $400,962.89 claimed to Judge Robin J. Riblet.
|
11/4/2011 |
|
|
$4,121.06 |
$390,996.91 |
|
|
10/11/2011 |
|
|
$4,121.06 |
$390,996.91 |
|
|
9/16/2011 |
|
$206.05 |
|
$390,996.91 |
Robert Forouzandeh and Diana Jessup Lee, what has Santa Barbara Bank & Trust done with the $7,172.57 of extra principal paid in my SBA loan since July 6, 2007 as talked about in the June 29, 2011 email from Diana Jessup Lee? The falsified Proof of Claim to the United States Bankruptcy Court on 10/28/2001 now claims a principal balance of $400,962.89 instead of the September 23, 2011 (Payment Notice) balance of $390,996.91 or the November 20, 2011 online balance! Robert Forouzandeh and Diana Jessup Lee, Why would Santa Barbara Bank & Trust Falsify Bank Accounting to the United States Bankruptcy Court Judge Robin J. Riblet dated 10/28/11?
Diana Jessup Lee in her May 19, 2011 letter has provided evidence showing Santa Barbara Bank & Trust accounting records per payment notices! This same Santa Barbara Bank & Trust accounting is seen openly in the September 23, 2011 (payment notice)! The June 23, 2007 Payment Notice by Santa Barbara Bank & Trust is undisputed! Why has Santa Barbara Bank & Trust charged two monthly payments of $4,121.06 for the October and November 2011 payments against SBA Form 147 Note?
Please again read the email below on August 1, 2011 to Robert Forouzandeh
Robert Forouzandeh and Diana Jessup Lee, This is again a Written Demand Letter of Santa Barbara Bank & Trust to Rescind the Fraudulent NOD filed on May 19, 2011 on the Oceano Nursery property and the Pismo Beach Property within one week of November 18, 2011! Please let the Santa Barbara Bank & Trust Board of Directors George Leis, Gerald J. Ford, Carl B. Webb, Richard A. Nightingale, John R. Mackall, Mark K. Olson, D. Vernon Horton, William R. Loomis, Edward E. Birch, Kathy J. Odell, Clayton C. Larson, Gordon J. Wahlgren and Mary Mascolo; Make this decision after reviewing the documents attached and your most recent communication on November 23, 2011!
Sincerely
Bill Bookout
CC California State Attorney General, Kamala D. Harris
California Department of Justice
P. O. Box 944255
Sacramento, Ca 94244-2550
CC Judge Robin L. Riblet---Exhibit # 22
From: Robert Forouzandeh [mailto:rforouzandeh@rppmh.com]
Sent: Wednesday, November 23, 2011 10:22 AM
To: Bill Bookout
Cc: Richard Rossi; sanschromo@yahoo.com; kgrant@silcom.com; Diana Lee
Subject: FW: Santa Barbara Bank & Trust Loan Fraud and Breach of Contract SBA PLP Loan # 664-196-4009
Mr. Bookout:
Since you have retained legal counsel, I have stated to you on more than three occasions now, any questions, comments or concerns pertaining to your SBBT loan should be directed through your attorneys only.
With that being said, I did notice one new question that you have posed in your email below which does not pertain to any legal matters and I will proceed to answer it at this time and CC your attorneys on this email so that it is not construed as an ex parte communication.
You ask: "How did Santa Barbara Bank & Trust come up with a principal balance owed of $400,962.89..." In doing so, you post what appears to be a cut and paste excerpt from SBBT's website which shows a principal balance of $390,996.91 for the loan.
Our response is as follows: The $390,996.91 was calculated using the fixed interest rate of 6% set forth in the Forbearance Agreement. Due to your default of the Forbearance Agreement, the Forbearance Agreement was rescinded (as permitted by its terms) and the principal amount of the loan was re-calculated and re-amortized going back to the date of the Forbearance Agreement using the interest rate of Prime + 2% (as required in your original loan) for the time period between the date of the Forbearance Agreement and the date of the Proof of Claim with the loan being re-amortized on a yearly basis per SBA loan rules. The Prime Rate during that period varied between 3.25%-8.25% and thus the interest rate for your loan during that period of time varied between 5.25%-10.25%. Since the interest rate was higher than the fixed 6% rate for much of this period, when the loan was re-calculated and re-amortized under the original loan terms, your principal amount increased to $400,962.89 due to the higher interest rate and the fact that you failed to make any payments for a large portion of that period of time. The $390,996.91 balance appears on SBBT's online account access for your loan because that system has not been updated to rescind the terms of the Forbearance Agreement and has accordingly not re-calculated or re-amortized your loan based on the original loan terms.
I hope this answers your question. Again, please direct any future questions, comments or concerns through your attorneys only.
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
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From: Bill Bookout [mailto:pismobeachsurfshop@charter.net]
Sent: Monday, November 21, 2011 4:44 PM
To: Diana Lee
Cc: lol@rsmediate.com; 'LeSieur, Debbie'; 'Karen Grant'
Subject: RE: Santa Barbara Bank & Trust Loan Fraud and Breach of Contract SBA PLP Loan # 664-196-4009
Santa Barbara Bank & Trust
Diana Jessup Lee State Bar # 155191
Diana Jessup Lee,
As you are my designated person; at Santa Barbara Bank & Trust to ask banking questions of. Can you explain as to why Santa Barbara Bank & Trust is charging my SBA loan $4,121.06 per month as seen online?
How did Santa Barbara Bank & Trust come up with a principal balance owed of $400,962.89 in their Proof of Claim for Judge Robin L. Riblet dated October 28, 2011?
Sincerely
Bill Bookout
CC California State Attorney General, Kamala D. Harris
California Department of Justice
P. O. Box 944255
Sacramento, Ca 94244-2550
CC Judge Robin L. Riblet---Exhibit # 22
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From: Bill Bookout [mailto:pismobeachsurfshop@charter.net]
Sent: Monday, November 21, 2011 6:59 AM
To: 'Robert Forouzandeh'
Cc: 'Chris Gautschi'; 'Richard Rossi'; 'Diana Lee'; 'rmiller@newtimesslo.com'; 'crigley@newtimesslo.com'; 'lol@rsmediate.com'; 'Kaplan, Adam D.(Off. Inspector Gen.)'; 'Koznek, Jeff'; 'danhil@charter.net'; 'ajsantana@co.slo.ca.us'; 'dvallely@co.slo.ca.us'; 'Thomas Cregger'; 'Karen Grant'; 'Pamela Brinks'
Subject: RE: Santa Barbara Bank & Trust Loan Fraud and Breach of Contract SBA PLP Loan # 664-196-4009
November 21, 2011
Santa Barbara Bank & Trust Board of Directors George Leis, Gerald J. Ford, Carl B. Webb, Richard A. Nightingale, John R. Mackall, Mark K. Olson, D. Vernon Horton, William R. Loomis, Edward E. Birch, Kathy J. Odell, Clayton C. Larson, Gordon J. Wahlgren and Mary Mascolo;
Robert Forouzandeh State Bar # 247177
Diana Jessup Lee State Bar # 155191
Robert Forouzandeh and Diana Jessup Lee,
Thank you, for Santa Barbara Bank & Trusts position on the May 19, 2011 NOD filed by Santa Barbara Bank & Trust. Your Statement on November 18, 2011 is taken as the official statement by Santa Barbara Bank & Trust Attorneys, per the Fraud and Breach of Contract committed by Santa Barbara Bank & Trust since 2003!
“With that being said, as I have done on countless occasions in the past, I deny each and every one of the false allegations that you have set forth in your email below. There is nothing deficient about the May 19, 2011 NOD. Santa Barbara Bank and Trust will not rescind it. We have reviewed all of the information pertaining to this NOD and it is valid.”
Robert Forouzandeh and Diana Jessup Lee, This is again a Written Demand Letter of Santa Barbara Bank & Trust to Rescind the Fraudulent NOD filed on May 19, 2011 on the Oceano Nursery property and the Pismo Beach Property within one week of November 18, 2011! Please let the Santa Barbara Bank & Trust Board of Directors George Leis, Gerald J. Ford, Carl B. Webb, Richard A. Nightingale, John R. Mackall, Mark K. Olson, D. Vernon Horton, William R. Loomis, Edward E. Birch, Kathy J. Odell, Clayton C. Larson, Gordon J. Wahlgren and Mary Mascolo; make this decision after reviewing the documents attached!
Robert Forouzandeh and Diana Jessup Lee, Please pay attention to the articles and comments below by Barry Cappello
“History shows that whenever the economy is hurting, there are always a percentage of lenders who behave badly and literally drive a borrower into default.”
Cappello cautions, “Unless lenders are willing to work with their commercial borrowers, they may be faced with unmanageable REO portfolios as well as protracted multi-million-dollar lender liability litigation. Commercial borrowers will fight to keep ownership of their property. If there are violations of due process in the foreclosure procedure or illegal banking practices, you can be sure commercial borrowers will seek legal redress.”
Judge Robin L. Riblet, commented at the hearing on November 18, 2011 about the Inverse Condemnation per the County and Rail Road claim. Please note that Santa Barbara Bank & Trust is responsible for any and all Judgments and Liens per the SBBT requirement in the Deed of Trust to Fight Inverse Condemnation. This is again backed up in the 2007 forbearance and workout agreement presented to Judge Robin L. Riblet, by Santa Barbara Bank & Trust. A discussion was held outside of the court room with Union Pacific Rail Road and Karen L. Grant on this issue.
Robert Forouzandeh and Diana Jessup Lee, Attached above are 42 documents showing Santa Barbara Bank & Trusts Fraud and Breach of Contract since 2003! Please pay close attention to the letters from Diana Jessup Lee on May 6, 2011 and May 19, 2011. Santa Barbara Bank & Trust is not owed deferred payments as stated May 6, 2011! Please review the SBBT letter attached September 30, 2008!
In the Santa Barbara Bank & Trusts Proof of claim to the United States Bankruptcy Court Judge Robin L. Riblet on October 28, 2011; Please explain as to why Santa Barbara Bank & Trust is claiming $55,137.18 dollars from the Oceano Nursery SBA loan, that is not owed Santa Barbara Bank & Trust? How can this be legal in California Banking? This in itself makes the May 19, 2011 NOD Fraudulent! This falsified amount owed has had an impact on the November 18, 2011 hearing in front of Judge Robin L. Riblet.
Santa Barbara Bank & Trust claims on 11/28/2011 that they are owed a principal balance of $400,962.89. In the SBA form 1149 provided by Santa Barbara Bank & Trust on August 29, 2011 to the U.S. Small Business Administration. SBBT states the Principal Balance was $390,996.91! Why is Santa Barbara Bank & Trust now claiming they are owed an additional $9,965.98 to Judge Robin L. Riblet? Please explain this to myself and those attached above along with Judge Robin L. Riblet!
Santa Barbara Bank & Trust claims on 11/28/2011 that they are owed $45,171.20 in deferred and defaulted payments past due! Please explain as to how Santa Barbara Bank & Trust can claim this amount, when Santa Barbara Bank & Trust on September 30, 2008 informed the SBA. “In addition interest has been paid current and the loan is fully secured with real estate.” ???? Please explain this to myself and those attached above along with Judge Robin L. Riblet!
Mr. Robert Forouzandeh, Please pay attention to your August 1, 2011 and August 2, 2011 emails below! Santa Barbara Bank & Trust is not owed $45,171.20 as claimed in the May 19, 2011 NOD! “The July 27, 2011 statement sent from Santa Barbara Bank and Trust does not include the amounts owed by you for the deferred payments under the Forbearance Agreement. When you breached the Forbearance Agreement by going into default on your loan, pursuant to contract, the deferred payments were accelerated and due in full immediately.”
Santa Barbara Bank & Trust on August 29, 2003 obtained an SBA authorization for the Oceano Nursery SBA loan as seen and signed above by SBBT on August 29, 2003. The October 6, 2003 signed Loan Agreement shows this August 29, 2003 SBA Authorization. The August 27, 2003 Loan Committee Presentation Report shows the purpose of the Oceano Nursery SBA August 29, 2003 loan Authorization just prior to the contract between the SBA and Santa Barbara Bank & Trust. Explain the Fraud that has been committed by Santa Barbara Bank & Trust in changing the SBA loan Authorization on October 1, 2003 in what is called a collateral Modification attached? Santa Barbara Bank & Trust does not have a legal right to be in the Second Position on the 470 Price Street property with this Fraud! This issue should be investigated by the California State Attorney General, Kamala D. Harris.
Robert Forouzandeh and Diana Jessup Lee, Please explain as to why Santa Barbara Bank & Trust has a second on the Pismo Beach Dive Shop and the Pismo Beach Surf Shop property at 470 Price Street? Notice the Fraud committed on 10/1/03 in the original August 29, 2003 SBA Loan Authorization attached above! Please explain this to myself and those attached!
Santa Barbara Bank & Trust claims in the May 19, 2011 NOD and the Loan amortization schedule prepared by SBBT on May 5, 2011; that on July 6, 2007 SBBT was owed $465,195.50 after paying $22,274.46! Robert Forouzandeh and Diana Jessup Lee, Please explain as to why in the June 23, 2007 Payment Notice that my total debt was $472,774.05 and in the May 5, 2011 amortization schedule prepared by Santa Barbara Bank & Trust this debt is raised up to $487469.96? What Bank records has Santa Barbara Bank & Trust used to show this undocumented difference of $14,695.91 claimed owed by Santa Barbara Bank & Trust? Please make these Santa Barbara Bank & Trust records used public if they are different then the SBBT records attached above! This issue should be investigated by the California State Attorney General, Kamala D. Harris.
Robert Forouzandeh and Diana Jessup Lee, Please explain as to why the July 6, 2007 payment of $22,274.46 was not credited to any Principal as seen in the May 5, 2011 amortization schedule? Please explain as to why Santa Barbara Bank & Trust has stolen $5,200.00 in the 2007 forbearance agreement principal? Notice the Santa Barbara Bank & Trust Loan Payment History attached above showing the $22,274.46 five payments going to interest only and none to principal! What has Santa Barbara Bank & Trust done with my $5,200.00 in principal not applied to my Oceano Nursery SBA Loan in the 2007 forbearance agreement? This statement on June 19, 2011 by Diana Jessup Lee is unacceptable and false! “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.”
Attached is the August 29, 2011 Lenders Transcript of Account showing only interest payments from 7/6/07—9/2/08 against the 2007 Forbearance Agreement (emphasis added). No Principal was paid from May 2006 to September 2006! Attached is the May 19, 2011 letter from Diana Jessup Lee per her June 29, 2011 email attached!
Attached is a July 16, 2008 OCC letter showing that Santa Barbara Bank & Trust, claims that the $22,274.46 is applied to Principal and Interest. Why would Santa Barbara Bank & Trust misapply this principal paid SBBT, from my Oceano Nursery SBA loan against the OCC‘s July 16, 2008 letter. Why would Santa Barbara Bank & Trust charge $1,953.45 in attorney fees as seen in this OCC letter from 6/30-9/30/2007 against the forbearance agreement?
Robert Forouzandeh and Diana Jessup Lee, Please explain the letter attached that was written by Diana Jessup Lee on May 19, 2011 claiming that on July 6, 2007 $487,469.96 was owed on the Oceano Nursery SBA loan before the five payments of $22,274.46 with Santa Barbara Bank & Trust just subtracting, interest bringing this loan down to $465,195.50 and stealing $5,200.00 of principal from Bill Bookout and Oceano Nursery? Robert Forouzandeh and Diana Jessup Lee, again I am asking Santa Barbara Bank & Trust to cancel the May 19, 2011 NOD filed on the Oceano Nursery property and the 470 Price Street property!
Robert Forouzandeh and Diana Jessup Lee, attached are a few emails from both of you claiming that Santa Barbara Bank & Trust paid principal on the $22,274.46 for the five payments per the forbearance agreement! Please explain to myself, the District Attorney and the San Luis Obispo Police Department attached above as to what Santa Barbara Bank & Trust has done with this $5,200.00 of my principal paid towards my SBA loan in 2007? This principal paid does not show up in the SBA Form 1149 prepared by Santa Barbara Bank & Trust on August 29, 2011. The deferred payments claimed of $45,171.20 does not show up in SBA Form 1149 prepared by SBBT on August 29, 2011!
Santa Barbara Bank & Trust had the ability to properly amortize the Oceano Nursery SBA Loan in 2007 with the Forbearance Agreement. This could have been done by Santa Barbara Bank & Trust taking the June 23, 2007 (Payment Notice) showing a Loan Balance of $420,024.30 plus the Previous Due of $52,749.75 added together totaling $472,774.05 and then subtracting the $22,274.46 bring a balance down to $450,499.59 and then subtracting the $5,200.00 of principal not accounted for by Santa Barbara Bank & Trust bringing the proper principal owed down to $445,299.59 with a August 1, 2007 monthly payment of $3,880.20 instead of the $4,121.06 charged against SBA Form 147 Note!
In 2007 Extra Principal Paid was $2,236.82. The SBA loan should have been re amortized in 2007 and 2008 under terms per SBA Form 147 Note.
In 2008 Extra Principal Paid was $631.52. The SBA loan should have been re amortized in 2009 under terms per SBA Form 147 Note.
In 2009 Extra Principal Paid was $473.64. The SBA loan should have been re amortized in 2010 under terms per SBA Form 147 Note.
|
Principal: |
$445299.59 |
|
Interest Rate: |
6% |
|
Loan Term: |
171 months |
|
Number of Payments: |
171 |
|
Monthly Payment: |
$3,880.20 |
|
Total Principal Paid: |
$445,299.59 |
|
Total Interest Paid: |
$218,214.93 |
|
Total Paid: |
$663,514.52 |
Santa Barbara Bank & Trust online accounting as of November 20, 2011 showing a Principal Balance of $390,996.91 instead of the Proof of Claim presented to Judge Robin L. Riblet. The Principal balance is not $400,962.89 claimed to Judge Robin J. Riblet.
|
11/4/2011 |
|
|
$4,121.06 |
$390,996.91 |
|
|
10/11/2011 |
|
|
$4,121.06 |
$390,996.91 |
|
|
9/16/2011 |
|
$206.05 |
|
$390,996.91 |
Robert Forouzandeh and Diana Jessup Lee, what has Santa Barbara Bank & Trust done with the $7,172.57 of extra principal paid in my SBA loan since July 6, 2007 as talked about in the June 29, 2011 email from Diana Jessup Lee? The falsified Proof of Claim to the United States Bankruptcy Court on 10/28/2001 now claims a principal balance of $400,962.89 instead of the September 23, 2011 (Payment Notice) balance of $390,996.91 or the November 20, 2011 online balance! Robert Forouzandeh and Diana Jessup Lee, Why would Santa Barbara Bank & Trust Falsify Bank Accounting to the United States Bankruptcy Court Judge Robin J. Riblet dated 10/28/11?
Diana Jessup Lee in her May 19, 2011 letter has provided evidence showing Santa Barbara Bank & Trust accounting records per payment notices! This same Santa Barbara Bank & Trust accounting is seen openly in the September 23, 2011 (payment notice)! The June 23, 2007 Payment Notice by Santa Barbara Bank & Trust is undisputed! Why has Santa Barbara Bank & Trust charged two monthly payments of $4,121.06 for the October and November 2011 payments against SBA Form 147 Note?
Again, this is a written demand of Santa Barbara Bank & Trust to Rescind the Fraudulent NOD filed on May 19, 2011 on the Oceano Nursery property and the Pismo Beach Property within one week of November 18, 2011! With the documents attached, Santa Barbara Bank & Trust Board of Directors; have full knowledge of the Santa Barbara Bank & Trusts actions since 2003!
Please again read the email below on August 1, 2011 to Robert Forouzandeh!
Sincerely
Bill Bookout
CC California State Attorney General, Kamala D. Harris
California Department of Justice
P. O. Box 944255
Sacramento, Ca 94244-2550
CC Judge Robin L. Riblet---Exhibit # 22
CC Barry A. Cappello Lender Liability
CC Karen L. Grant State Bar # 122084
CC Chris Gautschi [sanschromo@yahoo.com]
CC San Luis Obispo District Attorney
CC San Luis Obispo Police Department Case # 111108022
CC Adam D. Kaplan Office of Inspector General OIG complaint ID # 20110484
CC Thomas Cregger –Union Pacific Rail Road
Category : Lender Liability,News
For Immediate Release: October 11, 2011
Day of Reckoning Has Arrived For Commercial Real Estate Lenders
SANTA BARBARA, CALIF.–A collapse of the commercial real estate sector will be catastrophic to financial institutions and the economy so lenders must act now to avoid such a financial debacle, says A. Barry Cappello, nationally renowned attorney specializing in lender liability law.
“With the exception of prime properties in large cities such as Los Angeles and New York, commercial real estate has been an unmitigated disaster,” says Cappello, managing partner in the Santa Barbara, Calif.-based Cappello & Noël and author of Lender Liability. “TARP helped banks survive the housing mortgage meltdown. That money won’t be there when commercial loans start to fall apart, which we’re already seeing.”
Unlike residential housing borrowers, commercial borrowers can have tens of millions of dollars tied up in a single property. “Banks are beginning to foreclose on commercial properties, but that is the absolutely wrong way out,” says Cappello.
Cappello suggests that instead of foreclosing, lenders should renegotiate interest rates and principal or even arrange short sales with borrowers. “These are unique times and they call for creative action,” says Cappello. “Banks need to be flexible. This is especially true when lender liability is an issue. When banks become nervous, and we are in very nervous times, some lenders overreach and breach their loan agreements with their borrowers–whether the borrowers are behind in their loan payments or not. History shows that whenever the economy is hurting, there are always a percentage of lenders who behave badly and literally drive a borrower into default.”
Cappello cautions, “Unless lenders are willing to work with their commercial borrowers, they may be faced with unmanageable REO portfolios as well as protracted multi-million-dollar lender liability litigation. Commercial borrowers will fight to keep ownership of their property. If there are violations of due process in the foreclosure procedure or illegal banking practices, you can be sure commercial borrowers will seek legal redress.”
Do not expect a commercial real estate disaster to drag on like the housing fiasco. “Banks can’t count on another government bailout. They’re on their own when it comes to commercial loans,” says Cappello. “It’s in their best interest to work out financing solutions with their commercial borrowers. If they don’t, some banks simply won’t survive and they will drag the economy down with them.”
###
Category : News
2011-10-03
By Editorial Staff of FindLaw
SANTA BARBARA, CALIF. — Business borrowers are beginning to feel the ripple effects of the financial crisis as lenders tighten commercial lending in a cautionary attempt to stop further erosion of capital and assets, says lender liability expert A. Barry Cappello, managing partner with the Santa Barbara law firm of Cappello & Noel, LLP. He says the coming commercial credit crunch will be hard felt–especially by small businesses and borrowers in certain industries.
Cappello, author of Lender Liability (Juris Publishing) and nationally recognized as the pioneer in lender liability law, says the lending contraction in the commercial sector will be more severe than that which occurred in the late 1980s and early 1990s when the savings and loan meltdown and lender misconduct resulted in multi-million dollar jury verdicts and settlements for business borrowers.
“National lenders are writing off hundreds of millions, even billions of dollars in subprime and ARM loans,” explains Cappello.” They are bloodied by their ill-conceived collateralized debt obligation forays. They are now turning to their commercial portfolio to see where they can cut to stop new bleeding. Lenders are in write-down mode.”
Cappello says commercial borrowers should not feel relief on news that banks are swallowing up investment banks. “These banks are getting in over their head and the buyouts just mean less available funds for borrowers,” cautions Cappello.
Credit is already tight in the transportation, housing and manufacturing sectors, notes Cappello. “Even if your business is healthy, if you’re in one of these sectors, you can be sure your lender is reviewing your file and deciding whether it wants to continue the relationship. I’m getting calls to my office from business borrowers whose commercial lending relationship is souring,” he says.
Cappello advises business borrowers to turn to regional banks for their borrowing needs and avoid national lenders altogether. “Regional banks, for the most part, didn’t gamble with their home loans so financially they are in better shape. They aren’t jeopardizing their viability by buying financially troubled investment banks,” says Cappello. “On the other hand, national lenders are hunkering down. They are less likely to extend new credit. Their primary concern now is to wipe their losses from the books so they can show their shareholders a profit in the next year or two.”
Cappello represents business borrowers who feel their lenders have overstepped their legal authority. “When a bank decides it wants to stop lending to certain types of businesses that’s when lender liability usually occurs,” says Cappello. “Lenders are tempted to arbitrarily change loan terms with current customers, grab collateral and make unrealistic payment demands. There are laws that forbid them to do that.”
Besides reading the fine print of your loan agreement and getting every verbal promise in writing, Cappello suggests, “Avoid using personal guarantees to secure a business loan. If you must use a personal guarantee, require language in the loan documents that state the bank has to go against business collateral first. Some lenders also seek to collaterize intellectual property. I can’t think of any bank loan that would be worth the risk of losing your rights to the intellectual property that built your business.”
Cappello warns businesses to be cautious if their lender is bought out by another bank. “A lending relationship is a personal relationship,” notes Cappello. “If your loan officer is suddenly replaced by a new loan officer, you lose an important ally who knew your business and could stand up for you.”
From: Robert Forouzandeh [mailto:rforouzandeh@rppmh.com]
Sent: Tuesday, August 02, 2011 10:04 AM
To: Bill Bookout
Subject: RE: Bookout/PCB Mediation per thier Bank Fraud and Breach of Contract since 2007
Mr. Bookout,
The July 27, 2011 statement sent from Santa Barbara Bank and Trust does not include the amounts owed by you for the deferred payments under the Forbearance Agreement. When you breached the Forbearance Agreement by going into default on your loan, pursuant to contract, the deferred payments were accelerated and due in full immediately. Accordingly, they were added to the notice of default amount. Nonetheless, as a token of good faith, if you pay the amount set forth on the July 27, 2011 statement ($102,859.01), Santa Barbara Bank and Trust will accept this as a complete cure of your default on your loan which is now in its 21st month.
All of the other questions you refer to in your email were fully and completely answered in the various emails from Ms. Lee to you that I identified in my August 1, 2011 email to you. Please go back and review them in depth and you will find answers to all of your questions, including how the May Notice of Default was calculated.
Thank you.
Robert
From: Bill Bookout [mailto:Pismobeachdiveshop@charter.net]
Sent: Monday, August 01, 2011 5:47 PM
To: Robert Forouzandeh
Cc: sandiego@sba.gov; 'Marianne Partridge -'; 'Nick Welsh -'; 'Michelle Drown -'; 'Matt Kettmann -'; dkatich@newspress.com; wmccaw@newspress.com; avw@newspress.com; rmiller@newtimesslo.com; aschwellenbach@newtimesslo.com; velie@calcoastnews.com; assignmentdesk@keyt.com; Customer.Assistance@occ.treas.gov; Carlos.Mendoza@sba.gov; sbcountyda@co.santa-barbara.ca.us; ombudsman@fdic.gov; sandiego@sba.gov; Lcannon@dfi.ca.gov; legal@fdic.gov; barney@independent.com; dporter@dfi.ca.gov; lol@rsmediate.com; begelko@sfchronicle.com
Subject: RE: Bookout/PCB Mediation per thier Bank Fraud and Breach of Contract since 2007
August 1, 2011
Office of the Comptroller of the Currency Case # 01394465 – Case # 770567
Robert Forouzandeh,
Reicker, Pfau, Pyle & McRoy LLP
1421 State Street, Suite B
Santa Barbara, CA 93101
Mr. Robert Forouzandeh,
RE: Santa Barbara Bank & Trusts, Fraud and Breach of Contract since July 2007.
1) Please see that the questions asked of Mr. Mark K. Olson and Mr. Nightingale on June 3, 2011 as seen below are answered!
2) Please see that the questions below asked of Diana Jessup Lee on June 2, 2011 are answered!
3) Please see that the questions asked of Diana Jessup Lee on June 27, 2011 as seen below are answered!
4) Please see that the questions asked of Diana Jessup Lee on July 4, 2011 as seen below are answered!
5) Please see that the questions asked of Diana Jessup Lee on July 16, 2011 as seen below are answered!
6) Please see that the questions asked of Diana Jessup Lee on July 20, 2011 as seen below are answered!
Mr. Forouzandeh, Please explain why the NOD filed May 19, 2011 for $111,024.71 is a larger amount then the Santa Barbara Bank & Trust July 24, 2011 payment notice? Please pay close attention to the Fidelity National Title Company email below dated May 26, 2011 along with the SBBT payment notice attached! You will notice that $78,300.14 divided by 19 is $4,121.06 per month! Why is Santa Barbara Bank & Trust still billing this amount with the SBBT Fraud seen in Diana Lee’s May 19, 2011 letter attached?
Robert Forouzandeh, Please explain how you had come up with the $45,171.20 again as this is not seen in the Santa Barbara Bank & Trust payment notice and is not mentioned in the Office of the Comptroller of the Currency Case # 01394465 – Case # 770567 June 30, 2011 findings?
Please see that Christine Sontag; the Santa Barbara Bank & Trust and Pacific Capital Bancorp Board of Directors---George Leis, Gerald J. Ford, Carl B. Webb, Richard A. Nightingale, John R. Mackall, Mark K. Olson, D. Vernon Horton, William R. Loomis, Edward E. Birch, Kathy J. Odell, Clayton C. Larson, Gordon J. Wahlgren and Mary Mascolo; -------Are fully aware of your statements in your email August 1, 2011!
Sincerely
Bill Bookout
CC Sharon Gilstrap and John Walsh
Office of the Comptroller of the Currency Case # 01394465
1301 McKinney Street, Suite 3450
Houston, Texas 77010-9050
Fax # 713-336-4301
CC U.S. Small Business Administration
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: Robert Forouzandeh [mailto:rforouzandeh@rppmh.com]
Sent: Monday, August 01, 2011 4:45 PM
To: Bill Bookout
Cc: Diana Lee
Subject: RE: Bookout/PCB Mediation per thier Bank Fraud and Breach of Contract since 2007
Mr. Bookout,
I disagree with your assertion that Ms. Lee has been "unable to answer" your questions. Ms. Lee has answered all of your questions repeatedly. I would refer you to Ms. Lee's correspondences to you dated: May 6, May 26, May 31, June 28, July 5 and July 15, 2011 (among others), in which Ms. Lee has answered each and every one of your questions repeatedly.
If you have any new information or any new questions, please provide those to me and I will respond accordingly.
Thank 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
------------------------------------------------------------------------------------
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Category : Lender Liability
By A. Barry Cappello
Note: This article appeared in the Letters to the Editor column of the Los Angeles Daily Journal, Sept, 20, 2011
This letter responds to “Reality check: A bank’s liability is not that simple,” by Jill Switzer (Sept. 1). In cautioning the reader not to assume that bank liability for depositor claims is “a snap,” Switzer states that “[t]he only situation in which a bank is a fiduciary is when the bank acts as a fiduciary, e.g., its trust department. In all other situations, the relationship between a bank and its depositor is simply one of debtor-creditor, founded on a contract – the deposit agreement. Price v. Wells Fargo Bank (1989) 213 Cal.App.3d 465.”
The citation to Price v. Wells Fargo, a lender case, suggests that a bank, as lender, can never be liable for fiduciary breach. As a litigator who has tried, settled, and written about lender liability cases for over three decades, I disagree with that suggestion.
Abundant case law supports imposing fiduciary liability against a lender in situations where the bank, as often occurs, acts as more than an arms’-length lender. Some examples are giving the borrower financial advice or related financial services, acting as agent of the borrower, exercising undue control over the borrower, or situations where the borrower clearly reposed trust and confidence in the lender. (See Rutherford v. Rideout Bank (1938) 11 Cal.2d 479 (confidence reposed in bank manager to provide business and financial advice); Credit Managers Ass’n. v. Superior Court (1975) 51 Cal.App.3d 352 (bank controlled business activities of borrower through compelled use of consultant); Frydman & Co. v. Credit Suisse First Boston Corp., 708 N.Y.S.2d 77 (N.Y.App.Div. 2000) (lender negotiated for borrower); Capital Bank v. MVB Inc., 644 So.2d 515 (Fla.Ct.App. 1994) (advising borrower to acquire defective assets from another of bank’s borrowers); Scott v. Dime Savings Bank, 866 F.Supp. 1073 (S.D.N.Y. 1995) (advising borrower to invest borrowed funds with bank’s investment arm); McFate v. Bank of America (1932) 125 Cal.App.683 (bank acted as agent for mortgagor, mortgagee, and escrow holder for plaintiff in mortgagor-plaintiff exchange); see also, Tate v. Saratoga Sav. & Loan Ass’n. (1989) 216 Cal.App.3d 843 (bank as joint venturer is a fiduciary); see, generally, A. Barry Cappello, “Lender Liability” (Juris Publishing 4th Edition).)
A litigator is well advised to consider fiduciary breach in any case where the lender has engaged in self-dealing, used one borrower to cover another borrower’s debt, tricked the borrower, exploited confidential information, or failed to disclose material information. These are facts that might ground a credible claim for fiduciary breach under existing case law. While lender liability for breach of fiduciary duty is not “a snap,” it is alive and well as a potential option in the right case.
From: Robert Forouzandeh [mailto:rforouzandeh@rppmh.com]
Sent: Friday, November 18, 2011 4:33 PM
To: Bill Bookout
Cc: 'Chris Gautschi'; 'Richard Rossi'; Diana Lee
Subject: RE: plan
Mr. Bookout:
As I have repeatedly stated to you in the past, you are represented by counsel. In fact, you have included them as recipients of your email. Please direct any requests, demands or any other information through them and them only. Please do not contact me directly again while you are represented by counsel.
With that being said, as I have done on countless occasions in the past, I deny each and every one of the false allegations that you have set forth in your email below. There is nothing deficient about the May 19, 2011 NOD. Santa Barbara Bank and Trust will not rescind it. We have reviewed all of the information pertaining to this NOD and it is valid.
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.
----- Original Message -----From: Bill BookoutCc: 'Robert Forouzandeh' ; 'LeSieur, Debbie' ; 'Levas, Vickie' ; velie@calcoastnews.com ; rmiller@newtimesslo.com ; crigley@newtimesslo.com ; glenn.harris@sba.gov ; 'Kaplan, Adam D.(Off. Inspector Gen.)' ; 'Richard Rossi' ; 'Koznek, Jeff' ; dvallely@co.slo.ca.us ; ajsantana@co.slo.ca.us ; danhil@charter.net ; debra@rossilegal.com ; sanschromo@yahoo.com ; 'Pamela Brinks'Sent: Wednesday, November 16, 2011 10:46 AMSubject: RE: File: 11-00126-5, 15899 Santa Barbara Bank & Trust SBA loan Fraud
November 16, 2011Karen L. GrantCalifornia State Bar # 122084924 Anacapa Street, Ste 1MSanta Barbara, Ca 93101Dear Mrs. Karen L. Grant,As you are counsel for Santa Barbara Bank & Trust, I am requesting of you to provide a breakdown copy; of the February 9, 2007 NOD filed by Pacific Capital Bank Trustee Sale No. 0702147B-DL for $47,811.13 by November 17, 2011. Fidelity National Title has stated "You really need to consider contacting the banks counsel for that information."Attached above is Santa Barbara Bank & Trust claim that they are owed $127,333.39 in a proof of claim dated 10/28/11! Fidelity National Title has provided what Santa Barbara Bank and trust has claimed in the NOD filed on May 19, 2011 in deferred and defalted payments of $45,171.20. Can you explain in the Santa Barbara Bank & Trust May 5, 2011 amortization schedule attached above as to why Santa Barbara Bank & Trust did not apply any principal to the five payments paid in 2007 of $22,274.46?Mrs. Grant, can you provide Santa Barbara Bank & Trust documents showing how SBBT came up with $67,445.66 owed in payments due 5/6/06-7/6/07? The Bankruptcy Court and the San Luis Obispo District Attorneys office will need this information.Please explain as to why Santa Barbara Bank & Trust has not properly amortized the Oceano Nursery SBA loan since the 2007 Forbearance Agreement with Santa Barbara Bank & Trust?Mrs. Grant, Can you explain to the Bankruptcy Court and myself as to why Santa Barbara Bank & Trust in SBA Form 1149 attached above dated August 29, 2011 has showed a Principal Balance of $390,996.91 and in the Proof of Claim to the United States Bankruptcy Court has stated the principal balance is $400,962.89?Mrs. Grant, Santa Barbara Bank & Trust on September 30, 2008 has told the SBA that all back interest had been paid back to Santa Barbara Bank & Trust. Why did Santa Barbara Bank & Trust claim in the May 19, 2011 NOD that $45,171.20 is owed Santa Barbara Bank & Trust? Please show myself and the Bankruptcy Court proof of this claim!Mrs. Grant, Attached are four emails from Santa Barbara Bank & Trust in regards to the May 19, 2011 NOD and the accounting by Santa Barbara Bank & Trust. Please explain as to why the $22,274.46 was not applied to principal per the 2007 forbearance agreement and what Santa Barbara Bank & Trust has done with the overcharge of my monthly payments since the 2007 forbearance agreement? Since filing Bankruptcy, Santa Barbara Bank & Trust has again overcharged my monthly mortgare payments twice in an amount of $4,121.06! Is this legal in California Banking Laws?Mrs Grant, Attached is a May 19, 2011 letter from Santa Barbara Bank & Trust threatining a restraining order for asking questions of Santa Barbara Bank & Trust and then explaining Santa Barbara Bank & Trust accounting! Please explain to the United States Bankruptcy Court and the San Luis Obispo District Attorney if this Accounting on May 19, 2011 by Santa Barbara Bank & Trust is accurate? Please provide the payment Notice showing the Bankruptcy Court that my SBA loan was $67,445.66 past due as of May 6, 2007? You will notice a payment notice provied by SBBT. Is this payment notice accurate on 6/23/06 as provided by Santa Barbara Bank & Trust?SincerelyBill BookoutCC Judge Robin L. Riblet---Exhibit # 22
CC Chris Gautschi [sanschromo@yahoo.com]
CC San Luis Obispo District Attorney
CC San Luis Obispo Police Department Case # 111108022
CC Glenn Harris Office of Inspector General OIG complaint ID # 20110484
CC Adam D. Kaplan Office of Inspector General OIG complaint ID # 20110484