SBA PLP Loans
SBA PLP Bank Fraud

Breach of Contract documents by Union Bank/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!

Richard Rossi Objection_to_Proof_of_Claim.pdf
3.9 MB

Grant_s_response_to_our_obj_to_claim.pdf
324.7 KB

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


SBA Loan Fraud Case 01394465. pdf
3.1 MB Union Bank


SBA_August_29__2003_Fraud_by_Santa_Barbara_Bank___Trust.pdf
2.1 MB

The following email communication shows the questions that need to now be answered by Union Bank after Diana Jessup Lee's January 8, 2013 and January 24, 2013 emails below!
Judge_Robin_L._Riblet_Exhibits___1_of_3.pdf
8.2 MB

Questions that need to be answered by Union Bank

Union_Bank_Loan_Documents.pdf
1.2 MB

 

From: Bill Bookout [mailto:pismobeachdiveshop@charter.net]
Sent: Friday, February 22, 2013 4:11 PM
To: 'Mendoza, Carlos G.' (Carlos.Mendoza@sba.gov); 'SBA National Ombudsman'; 'dporter@dfi.ca.gov'; 'Hedgespeth, Grady'
Cc: 'Fredericks, Jeffrey'; 'da, sbcounty'; 'dvallely@co.slo.ca.us'; 'sanschromo@yahoo.com'; 'Nudson, Anne'; 'lol@rsmediate.com'; 'San Diego General Box'; 'ombudsman@fdic.gov'; 'Garcia, Ruben R.'; 'Lcannon@dfi.ca.gov'; 'legal@fdic.gov'; 'England, Jacqueline'; 'kari.overson@sba.gov'; 'Kaplan, Adam D.(Off. Inspector Gen.)'; 'sbcountyda@co.santa-barbara.ca.us'; 'Mendoza, Carlos G.'; 'Hobby, Jill C.'; 'Richard Rossi'; 'dlee@rppmh.com'; 'rforouzandeh@rppmh.com'; 'bso@dfi.ca.gov'; 'keithcarls@kcoy.com'; 'velie@calcoastnews.com'; 'gstarkey@newtimesslo.com'; 'mfountain@newtimesslo.com'
Subject: RE: Union Bank SBA PLP Loan Fraud as presented by Union Bank to the Santa Barbara Superior Court Commissioner Denise Motter. Case # 1381216

 

February 22, 2013

 

CARLOS G. MENDOZA                 US Small Business Administration  State of California Dept of Financial Institutions

District Director                             409 3rd St, SW                              45 Fremont Street, Suite 1700

Central California/ Fresno               Washington DC 20416                   San Francisco, CA 94105-2219

Small Business Administration        

559/487-5785, Ext 2710                 

800/359-1833, OPTION 6                

 

Dear Mr. Carlos Mendoza/SBA National Ombudsman/California DFI

 

Union Banks Senior Vice President, Christine Sontag hired Diana Jessup Lee, Esq.  California State Bar # 155191 to answer Union Banks SBA Loan questions!  Diana Jessup Lee and Robert B. Forouzandeh are not qualified to answer Union Banks SBA loan questions as seen in the May 6, 2011 Amortization Schedule and Diana Jessup Lee’s January 24, 2013 email!

 

US Small Business Administration, I am again requesting an accounting from the US Small Business Administration, of Union Banks SBA PLP Loan charge of $39,750.00 to fix up the Oceano Nursery SBA PLP loaned property from the Appraisal of $265,000.00 and that this money is returned with interest as seen in Exhibit A-22 at www.sbaplploans.com along with the Union Bank charge of $26,500.00 (10% standard deduction by the bank on all foreclosures).   

 

I am requesting an accounting from the US Small Business Administration, per Union Banks Attorney fees of $57,676.17 for asking SBA PLP Loan Questions of Union Bank successor to SBB&T per the Union Bank May 6, 2011 Amortization Schedules and May 19, 2011 NOD!   US Small Business Administration, Please review Union Banks emails below from January 25, 2011 to February 13, 2013 showing SBA Loan Fraud and Breach of Contract by Union Bank!  Attached is Union Banks May 6, 2011 amortization schedule, that Union Bank claims again on January 24, 2013 is correct against IRS 1098 Forms from 2007-2010!

 

US Small Business Administration, I am again making a full FOIA request of the SBA for any and all documents pertaining to the Oceano Nursery SBA PLP loan, with Union Bank successor to SBB&T May 6, 2011 Amortization Schedules (SBA) Loan accounting against the August 29, 2011 SBA Form 1149 or the June 30, 2011 Office of the Comptroller of the Currency Administrator of National Banks letter, Case # 01394465 as seen at www.sbaplploans.com and at www.governorjerrybrown.net

 

US Small Business Administration, Please review Union Banks emails below from January 25, 2011 to February 13, 2013 and then see that the SBA or Union Bank answers the 48 questions below on February 14, 2013 with Union Banks SBA loan Fraud per the SBB&T May 19, 2011 NOD and Diana Jessup Lee’s January 24, 2013 email with Lol Sorensen’s February 19, 2013 response!

Sincerely 

 

Bill Bookout

CC Jeffery Frederick  Santa Barbara District Attorney Supervising Investigator

CC Chris Gautschi

CC Richard Rossi

CC Judge Robin L. Riblet Case # ND11-15818-RR

CC Elizabeth F. Rojas Chapter 13 Trustee  Fax (818) 933-5755

CC California State Bar

State of California Department of Financial Institutions

45 Fremont Street, Suite 1700, San Francisco, CA 94105-2219
Tel: (415) 263-8500
Fax: (415) 288-8830 CC Denise Moncus

From: Ashker, Terrill K. [mailto:terrill.ashker@sba.gov]
Sent: Friday, February 22, 2013 11:34 AM
To: Bill Bookout; SBA National Ombudsman; dporter@dfi.ca.gov; Hedgespeth, Grady; Mendoza, Carlos G.
Cc: Fredericks, Jeffrey; da, sbcounty; dvallely@co.slo.ca.us; sanschromo@yahoo.com; Nudson, Anne; lol@rsmediate.com; San Diego General Box; ombudsman@fdic.gov; Garcia, Ruben R.; Lcannon@dfi.ca.gov; legal@fdic.gov; 'England, Jacqueline'; 'kari.overson@sba.gov'; Kaplan, Adam D.(Off. Inspector Gen.); 'sbcountyda@co.santa-barbara.ca.us'; Mendoza, Carlos G.; Hobby, Jill C.; Richard Rossi; dlee@rppmh.com; rforouzandeh@rppmh.com
Subject: RE: Union Bank SBA PLP Loan Fraud as presented by Union Bank to the Santa Barbara Superior Court Commissioner Denise Motter. Case # 1381216

 

Mr. Bookout:

You have been informed countless times that SBA cannot answer your questions relating to your dealings with Santa Barbara Bank & Trust or Union Bank- your repetitive emails will not change that fact so it will be much appreciated if you will refrain from sending similar emails to this Agency in the future.

Terrill K. Ashker

Acting Fresno District Counsel

 

From: Bill Bookout [mailto:pismobeachdiveshop@charter.net]
Sent: Wednesday, February 20, 2013 10:49 AM
To: SBA National Ombudsman; dporter@dfi.ca.gov; Hedgespeth, Grady; Mendoza, Carlos G.
Cc: Fredericks, Jeffrey; da, sbcounty; dvallely@co.slo.ca.us; sanschromo@yahoo.com; Nudson, Anne; lol@rsmediate.com; San Diego General Box; ombudsman@fdic.gov; Garcia, Ruben R.; Lcannon@dfi.ca.gov; legal@fdic.gov; 'England, Jacqueline'; 'kari.overson@sba.gov'; Kaplan, Adam D.(Off. Inspector Gen.); 'sbcountyda@co.santa-barbara.ca.us'; Mendoza, Carlos G.; Ashker, Terrill K.; Hobby, Jill C.; Richard Rossi; dlee@rppmh.com; rforouzandeh@rppmh.com
Subject: RE: Union Bank SBA PLP Loan Fraud as presented by Union Bank to the Santa Barbara Superior Court Commissioner Denise Motter. Case # 1381216

 

February 20, 2013

 

CARLOS G. MENDOZA                  US Small Business Administration

District Director                              409 3rd St, SW

Central California/ Fresno                Washington DC 20416

Small Business Administration        

559/487-5785, Ext 2710                 

800/359-1833, OPTION 6                

 

Dear Mr. Carlos Mendoza/SBA Obudsman

 

Union Bank successor to SBB&T, has without the involvement of Santa Barbara Mediator, Lol Sorensen, falsified SBA Loan accounting in Union Banks, Diana Jessup Lee May 6, 2011 Accounting and Amortization Schedules as seen at www.governorjerrybrown.net  --- www.unionbank.me and above.  Please review Mr. Lol Sorensen’s February 19, 2013 email response below!  I am requesting a full Small Business Administration, SBA PLP Loan investigation and accounting into Union Banks claim that their amortization schedules are more accurate then IRS 1098 Forms or SBA 1149 Forms with the SBB&T May 19, 2011 NOD from the two SBB&T May 6, 2011 Amortization Schedules created by Santa Barbara Bank & Trust!

 

Union Bank successor to SBB&T has ignored SBA 1149 accounting and IRS 1098 forms and stated in their (Diana Jessup Lee) SBA loan Representative’s May 6, 2011 letter?:  “In the process of creating Schedule 1, some relatively minor differences of opinion developed regarding how to interpret and apply the terms of the Forbearance Agreement.  As part of the mediation and compromise process, we decided to prepare a second schedule, “Schedule 2,” which extends every possible advantage to you, even if not consistent with the terms of your SBA loan or computerized software that tracks loans.”

 

Again, I am asking for a full investigation from the Small Business Administration in Union Bank successor to SBB&T, SBA Loan Fraud and Breach of Contract since 2003 and that all questions asked below on February 8, 2013 and again on February 14, 2013 of Union Bank are now answered by the United States Small Business Administration!  Both, Union Bank SBA loan Representatives Diana Jessup Lee and Robert B. Forouzandeh continue to ignore SBA 1149 Forms and IRS 1098 Forms from 2007-2010 showing Union Bank successor to SBB&T fraudulent accounting per the SBB&T May 19, 2011 NOD and the two May 6, 2011 Amortization Schedules that Union Bank now again on January 24, 2013 states: :  As I have done on numerous occasions, I direct you to Schedule 2 which was attached to my May 6, 2011 letter to you as well as my letter to you dated May 19, 2011 in which I explain that your $22,274.46 payment in July, 2007 was applied to satisfy your monthly  principal and interest payments due for May, June, July, August and September, 2006 which you had failed to pay.  The reduction in principal on your loan after application of this payment is confirmed in Schedule 2.  Why do you keep asking the same question?”  

 

US Small Business Administration, Please review the February 13, 2013 email below from Union Banks SBA loan representative, Robert B. Forouzandeh Stating:  “I am compiling answers to questions in your recent email to my office.  Once I have gathered all necessary information, I will respond further.”  The US Small Business Administration now needs to see that the 48 question asked of Union Bank on February 14, 2013 are fully answered and that Union Bank is not using (Amortization Schedules) as official SBA loan bank documents over IRS 1098 forms or SBA 1149 accounting with other SBA loan customers!

 

The Santa Barbara Superior Court (Denise Motter) per the request of Union Banks Vice President Christine Sontag, will only allow Union Bank SBA PLP loan questions to be asked of Robert B. Forouzandeh and Diana Jessup Lee; making it necessary for the US Small Business Administration to answer the 48 questions asked below of Union Bank on February 14, 2013!  

 

US Small Business Administration, I am requesting an accounting from the US Small Business Administration, of Union Banks charge of $39,750.00 to fix up the Oceano Nursery SBA PLP loaned property from the Appraisal of $265,000.00 and that this money is returned with interest as seen in Exhibit A-22 along with the Union Bank charge of $26,500.00 (10% standard deduction by the bank on all foreclosures).   I am requesting an accounting from the US Small Business Administration, per Union Banks Attorney fees of $57,676.17 for asking SBA PLP Loan Questions of Union Bank successor to SBB&T per their May 6, 2011 Amortization Schedules and May 19, 2011 NOD!   US Small Business Administration, Please review Union Banks emails below from January 25, 2011 to February 13, 2013 showing SBA Loan Fraud and Breach of Contract by Union Bank!

 

Sincerely 

 

Bill Bookout

CC Jeffery Frederick  Santa Barbara District Attorney Supervising Investigator

CC Chris Gautschi

CC Richard Rossi

CC Judge Robin L. Riblet Case # ND11-15818-RR

CC Elizabeth F. Rojas Chapter 13 Trustee  Fax (818) 933-5755

CC California State Bar

 

Union Bank successor to SBB&T, From: Lol Sorensen [mailto:lol@rsmediate.com]
Sent: Tuesday, February 19, 2013 10:30 AM
To: 'Bill Bookout'
Subject: RE: Union Bank SBA PLP Loan Fraud as presented by Union Bank to theSanta Barbara Superior Court Commissioner Denise Motter. Case # 1381216

 

Bill,

 

No, I was not involved in the preparation of the schedules.

 

Best regards,

Lol Sorensen

www.rsmediate.com

Mailing Address:                    

690 Oak Grove Court
Ojai, CA 93023

Santa Barbara Office:

211 East Anapamu Street

Santa Barbara, CA 93101

lol@rsmediate.com
(805) 689-6654 (phone)
(866) 423-9058 (fax)   
 
**************************************************************
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From: Bill Bookout [mailto:pismobeachdiveshop@charter.net]
Sent: Friday, February 15, 2013 8:41 AM
To:
lol@rsmediate.com
Cc: 'Bill Bookout'; Fredericks, Jeffrey; da, sbcounty;
dvallely@co.slo.ca.us; sanschromo@yahoo.com; Nudson, Anne
Subject: RE: Union Bank SBA PLP Loan Fraud as presented by Union Bank to theSanta Barbara Superior Court Commissioner Denise Motter. Case # 1381216

 

February 15, 2013

 

Lol Sorensen

690 Oak Grove Court
Ojai, CA 93023
(805) 649-1389 (phone)

 

Dear Mr. Sorensen,

 

In the Diana Jessup Lee May 6, 2011 Union Bank/SBBT accounting and Amortization Schedules as seen at www.governorjerrybrown.net --- www.unionbank.me and above.  Did you as the Mediator have any involvement in the creation of these two Santa Barbara Bank & Trust Amortization Schedules as Diana Jessup Lee States in her May 6, 2011 letter?:  “In the process of creating Schedule 1, some relatively minor differences of opinion developed regarding how to interpret and apply the terms of the Forbearance Agreement.  As part of the mediation and compromise process, we decided to prepare a second schedule, “Schedule 2,” which extends every possible advantage to you, even if not consistent with the terms of your SBA loan or computerized software that tracks loans.”

 

The questions below of Union Bank on February 8, 2013 and February 14, 2013 will now have to be answered by Union Bank.  Diana Jessup Lee has stated January 24, 2013 in her exhibit (G) as presented to Santa Barbara Superior Court Commissioner Denise Motter:  As I have done on numerous occasions, I direct you to Schedule 2 which was attached to my May 6, 2011 letter to you as well as my letter to you dated May 19, 2011 in which I explain that your $22,274.46 payment in July, 2007 was applied to satisfy your monthly  principal and interest payments due for May, June, July, August and September, 2006 which you had failed to pay.  The reduction in principal on your loan after application of this payment is confirmed in Schedule 2.  Why do you keep asking the same question?”  

 

Again was the creation of these two amortizations schedules part of the (Mediation Process) with you on April 27, 2011 and did you help in anyway in creating these Amortization Schedules as Diana Jessup Lee has stated in her May 6, 2011 letter? “As part of the mediation and compromise process, we decided to prepare a second schedule, “Schedule 2,”?   It is now very important to know who Diana Jessup Lee is referring to as “WE”

 

Sincerely

 

Bill Bookout

 

From: Bill Bookout [mailto:pismobeachdiveshop@charter.net]
Sent: Thursday, February 14, 2013 7:22 AM
To: 'Diana Lee';
rforouzandeh@rppmh.com; Fredericks, Jeffrey (jfreder@co.santa-barbara.ca.us)
Cc: 'Mendoza, Carlos G.'; 'Ryner, Leanne M.'; 'dvallely@co.slo.ca.us'; 'velie@calcoastnews.com'; 'gstarkey@newtimesslo.com'; 'mfountain@newtimesslo.com'; 'lol@rsmediate.com'; 'Nudson, Anne'; 'da, sbcounty'; 'sanschromo@yahoo.com'; 'Richard Rossi'; 'Debra Hernandez'; 'adam.kaplan@sba.gov'; 'sandra.mazzoni@sba.gov'; 'Bill Bookout' (
Pismobeachdiveshop@charter.net)
Subject: RE: Union Bank SBA PLP Loan Fraud as presented by Union Bank to theSanta Barbara Superior Court Commissioner Denise Motter. Case # 1381216

 

February 14, 2013

 

Diana Jessup Lee, Esq.  California State Bar # 155191

Reicker, Pfau, Pyle & McRoy LLP

1421 State Street, Suite B

Santa Barbara, CA  93101

 

Dear Mrs. Diana Jessup Lee/ Union Bank successor to SBB&T

 

Received the February 13, 2013 email below from Robert B. Forouzandeh pertaining to the 2012 IRS Form 1098.  Diana Jessup Lee/ Union Bank successor to SBB&T.   Again please answer the questions asked of Union Bank below on February 8, 2013 and again on February 14, 2013!   Please immediately provide a Monthly (Payment Notice) statement for February 2013!      Diana Jessup Lee/ Union Bank successor to SBB&T; Explain why Union Bank successor to SBB&T, has not adjusted the monthly payment of the Oceano Nursery SBA PLP loan with Union Banks profitable sale of the Oceano Nursery inventory and property to Rick Gambril?

 

Robert B. Forouzandeh sent a second email on February 13, 2013 stating per the February 8, 2013 questions asked below!   “On February 13, 2013 at 3:22 p.m. you communicated directly with Union Bank in violation of Section 6(a)(4) of the Modified Restraining Order entered on February 5, 2013.  “As stated in that Order you “must direct any communications pertaining to [your] SBA Loan solely to Diana Jessup Lee or Robert Forouzandeh, and not to any officers, directors or employees of SBBT or Union Bank.” (Emphasis in original.)  Your violation constitutes contempt of Court.”  “This letter serves as a warning.  However, if you violate the Restraining Order again, we will bring your conduct to the Court’s attention, seek a contempt citation and pursue all available remedies.”

“I am compiling answers to questions in your recent email to my office.  Once I have gathered all necessary information, I will respond further.”

 

Santa Barbara Superior Court Commissioner Denise Motter, has appointed you (Diana Jessup Lee) as Union Bank successor to SBB&T; SBA Loan representative to answer Oceano Nursery SBA PLP Loan Questions!  Please answer the Union Bank SBA loan questions below on February 14, 2013 and February 8, 2013!  All questions asked of Union Bank successor to SBB&T can be seen at www.unionbank.me and at www.governorjerrybrown.net

 

Diana Jessup Lee/ Union Bank successor to SBB&T.  Again please provide a current (Loan Transaction History Statement for 2012) per the IRS 1098 Forms attached and the SBA Forms 1149 Attached!  Union Bank has been unable within 24 Hours to show evidence of the May 6, 2011 Amortization Schedule # 2 or #1 being accurate against Union Bank successor to SBB&T IRS 1098 Forms from 2007-2010!   Robert B. Forouzandeh emails below do not provide a current (Loan Transaction History Statement for Union Banks 2012 changed IRS Form 1098!

 

Diana Jessup Lee/ Union Bank successor to SBB&T

 

1)     Explain as to why in the December 31, 2007 IRS Form 1098, SBBT/Union Bank did not apply any of the five forbearance agreement payments towards Principal?

2)     Explain as to why in the December 31, 2007 IRS Form 1098, SBBT/Union Bank shows a (Ending Principal Balance) of $420,024.30 and does not reduce this balance as seen in the December 31, 2006 IRS Form 1098?

3)     Explain as to why in the December 31, 2007 IRS Form 1098, SBBT/Union Bank shows only interest of $53,358.70 paid and nothing towards principal?

4)     Explain as to why in the December 31, 2007 IRS Form 1098, SBBT/Union Bank does not apply any extra principal paid as seen on 7/31/07?

5)     Explain as to why in the December 31, 2007 IRS Form 1098, SBBT/Union Bank charges (Regular Payment)s of $4,121.06 from 9/11/07-12/13/07?

6)     Explain as to why in the December 31, 2008 IRS Form 1098 that SBBT/Union Bank charged monthly payments of $4,121.06 against SBA loan rules?  Diana Jessup Lee, You Claim January 24, 2013 that this monthly payment should have been $4,028.05!

7)     Explain as to why in the December 31, 2008 IRS Form 1098 that SBBT/Union Bank did not re-amortize the payment of $4,121.06?

 

Diana Jessup Lee,  You Stated June 29, 2011: “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.”

 

8)     Explain as to why in the IRS 1098 Forms from 2007 to 2010 from your June 29, 2011 email as to how SBBT/Union Bank prepared the May 6, 2011 Amortization Schedule against your June 29, 2011 email?

9)     Explain how Union Bank has credited the $22,274.46 principal, per the 2007-2010 IRS forms 1098?

10)  Explain as to why in the December 31, 2008 IRS Form 1098 that SBBT/Union Bank applied extra principal paid of $78.94 to interest on 4/15/2008?

11)  Explain as to why in the December 31, 2008 IRS Form 1098 that SBBT/Union Bank applied extra Principal paid of $1078.94 to interest on May 21, 2008?

12)  Explain as to why in the December 31, 2008 IRS Form 1098 that SBBT/Union Bank charged $157.88 in (Late Charges Paid YTD)?

 

Diana Jessup Lee,  You Stated June 28, 2011:  “Please send me a copy of the "1098 form" about which you have questions and I will obtain an explanation for you.”

Diana Jessup Lee,  You Stated July 5, 2011:  “The schedules and "computerized records" you request were included with and explained in my May 6 letter.” 

 

13)  Explain as to why in the December 31, 2009 IRS Form 1098 that SBBT/Union Bank charged monthly payments of $4,121.06 against SBA loan rules?

14)  Explain as to why in the December 31, 2009 IRS Form 1098 that SBBT/Union Bank did not re-amortize the payment of $4,121.06?

15)  Explain as to why in the December 31, 2009 IRS Form 1098 that SBBT/Union Bank charged $711.40 in (Late Charges Paid YTD)?

 

Diana Jessup Lee,  You Stated June 28, 2011 “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.”

 

16)  Explain as to why in the December 31, 2010 IRS Form 1098 that SBBT/Union Bank claimed a Principal Balance of $390,996.91 against the January 6, 2011 SBBT (Proof of Claim) amount of $400,962.89?

17)  Explain as to why in the December 31, 2010 IRS Form 1098 that SBBT/Union Bank charged late payment fees of $206.05 or 5% of $4,121.06 against SBA loan Rules or Your (Diana Jessup Lee) January 24, 2013 claim of a monthly payment of $4,028.05?

18)  Explain as to why in the December 31, 2010 IRS Form 1098 that SBBT/Union Bank charged $2,800.00 as an Appraisal fee?  Please provide a copy of this September 17, 2010 appraisal as charged!

19)  In the Santa Barbara Bank & Trust August 24, 2011 (Payment Notice) explain why Union Bank/SBBT did not claim $45,171.20 owed Union Bank per the May 19, 2011 NOD?

20)  In the Santa Barbara Bank & Trust August 24, 2011 (Payment Notice) explain why Union Bank/SBBT claimed a monthly payment of $4,121.06 against SBA loan amortization rules?

21)  Explain how Union Bank on/SBBT on May 6, 2011 came up with $4,028.05 instead of the August 24, 2011 (Payment Notice) $4,121.06?

22)  In the Santa Barbara Bank & Trust August 24, 2011 (Payment Notice) explain Union Bank/SBBT (Charges/Fees Due) of $20,643.86?

23)  In the Santa Barbara Bank & Trust August 24, 2011 (Payment Notice) explain why Union Bank/SBBT claims 20 payments of $4,121.06 totaling $82,421.20 against the May 19, 2011 NOD, SBA loan rules and Your (Diana Jessup Lee) January 24, 2013 email Stating?  As I have done on numerous occasions, I direct you to Schedule 2 which was attached to my May 6, 2011 letter to you as well as my letter to you dated May 19, 2011 in which I explain that your $22,274.46 payment in July, 2007 was applied to satisfy your monthly  principal and interest payments due for May, June, July, August and September, 2006 which you had failed to pay.  The reduction in principal on your loan after application of this payment is confirmed in Schedule 2. “

 

24)  As seen in the Santa Barbara Bank & Trust July 24, 2007 (Payment Notice) explain why Union Bank/SBBT claimed a payment due of $4,121.06 per month against the 2007 forbearance agreement?

25)  As seen in the Santa Barbara Bank & Trust July 24 2007 (Payment Notice) explain how Union Bank/SBBT amortized the Oceano Nursery SBA loan at 6% against the your January 24, 2013 email by (Diana Jessup Lee)?

26)  As seen in the Santa Barbara Bank & Trust June 23, 2007 (Payment Notice) explain how Union Bank/SBBT amortized $474,298.51 at 6%?  Diana Jessup Lee, You Claim January 24, 2013 that the SBA loan was amortized at $462,069.51 with a monthly payment of $4,028.05!

27)  Explain as to how you as Union Banks SBA loan representative, (Diana Jessup Lee) can claim January 24, 2013 that the Oceano Nursery SBA loan was amortized from Schedule 2 after five payments totaling $22,274.46 down to $416,898.31 and then adding 10 payments of both principal and interest totaling $462,069.51 making a monthly payment of $4,028.05 against Union Bank/SBBT’s SBA Forms 1149 and all IRS Form 1098 from 2007 to present?

28)  As seen in the Santa Barbara Bank & Trust June 23, 2007 (Payment Notice) explain how Union Bank/SBBT paid and applied principal from the five payments of $22,274.46 per the June 30, 2007 forbearance agreement against your (Diana Jessup Lee) January 24, 2013 email below?

 

29)  In the Santa Barbara Bank & Trust July 4, 2007 online accounting explain how Union Bank/SBBT did not account for the June 30, 2007 five payments of principal and interest totaling $22,274.46?

30)  In the Santa Barbara Bank & Trust July 17, 2007 online accounting explain how Union Bank/SBBT claimed interest due of $33,945.49 after subtracting $22,274.46?

31)  In the Santa Barbara Bank & Trust July 23, 2007 online accounting explain how Union Bank/SBBT claimed interest due of $33,821.79 after subtracting $22,274.46 and receiving two principal and interest payments of $5,000.00?

32)  Explain as to why in Union Banks May 6, 2011 amortization schedule # 2 that SBBT/Union Bank does not account for the extra principal paid?

33)  In the Pacific Capital Bank January 9, 2007 (Demand Letter) from Heidi Dugan.  Explain why Union Bank/SBBT ignored paying principal from five payments of $22,274.46 per the June 30, 2007 forbearance agreement?

34)  In the Pacific Capital Bank January 9, 2007 (Demand Letter) from Heidi Dugan.  Explain why Union Bank/SBBT claimed $45,171.20 owed in the May 19, 2011 NOD compared to Pacific Capital Banks January 9, 2007 (Demand Letter) loan accounting?

35)  In the Pacific Capital Bank September 29, 2006 (Letter) from Heidi Dugan.  Explain why Union Bank/SBBT claimed $45,171.20 owed in the May 19, 2011 NOD compared to Pacific Capital Banks loan accounting?

36)  In the Santa Barbara Bank & Trust August 29, 2011 SBA form 1149 explain how Union Bank/SBBT claimed monthly payments of $4,121.06 per month against the 2007 forbearance agreement and your Union Banks SBA Loan Representative (Diana Jessup Lee) May 6, 2011 Amortization Schedule?

37)  Explain as to How Union Bank believes that an Amortization Schedule is accurate against IRS Forms 1098 and SBA Forms 1149?

 

Diana Jessup Lee, You stated for Union Bank on January 8, 2013 against IRS 1098 Forms and SBA 1149 Forms as presented to Santa Barbara Superior Court Commissioner, Denise Motter: As Mr. Forouzandeh stated to you in his November 23, 2011 email, the $390,996.91 balance was apparently obtained by you from SBBT's online banking feature which temporarily showed a principal balance of $390,996.91 for the loan.  The $390,996.91 was calculated using the fixed interest rate of 6% set forth in the Forbearance Agreement.” 

 

38)  Please provide a current Union Bank SBA Loan Transaction History with your January 8, 2013 email statement!  Please explain the 2008 IRS Form 1098 Balance of $390,996.91 against your January 6, 2012 (Proof of Claim) to Judge Robin L. Riblet?

39)  In the October 26, 2010 Demand Statement from Vice President Sandra Sheffield.  Explain as to why Pacific Capital Bank did not claim $45,171.20 in deferred and defaulted payments against Union Banks May 19, 2011 NOD?

40)  In the Santa Barbara Bank & Trust September 20, 2010 SBA form 1149 explain how Union Bank/SBBT claimed monthly payments of $4,121.06 per month against the 2007 forbearance agreement?

41)  In the Santa Barbara Bank & Trust September 20, 2010 SBA form 1149 explain how Union Bank on January 24, 2013 that the May 6, 2011 Amortization Schedule # 2 is accurate against the September 20, 2010 SBA Form 1149?

42)  In the May 2, 2011 Email to Diana Jessup Lee, copied to Mediator Lol Sorensen.  Explain why Union Bank/SBBT ignored the September 13, 2010 SBA Form 1149 provided in Mediation with Lol Sorenson by Doug Lutz?    

43)  In the Email to yourself (Diana Jessup Lee) and Mediator, Lol Sorensen on May 2, 2010.  Explain why Union Bank/SBBT ignored the Santa Barbara Bank & Trusts online accounting as of May 2, 2012 with monthly payments of $4,121.06 and a principal balance of $390,996.91?

44)   Explain how Union Bank successor to SBB&T can charge 10% ($26,500.00 of an appraised property value of $265,000.00) as a Foreclosure fee on all (SBA PLP Loan) Foreclosures?  Union Bank in their 2013 Form 1099-A Claim a (Fair market Value of Property) to be $189,000.00 against Union Banks own property appraisal of $265,000.00! 

45)  Explain how Union Bank successor to SBB&T can charge charge $39,750.00 off of an $265,000.00 Appraised value to fix up a SBA loaned property that they are foreclosing on as seen in Union Banks February 21, 2012 Exhibit A-22 as presented to United States Bankruptcy Judge Robin L. Riblet?

46)  Explain how Union Bank successor to SBB&T charge $57,676.17 in Attorney fees, for asking bank loan questions; without paying back an SBA loan with this money or creditors from profits in a forced foreclosure sale caused by Union Bank Successor to SBB&T as seen in Union Banks February 27, 2012 Exhibit B-23 as presented to United States Bankruptcy Judge Robin L. Riblet and Santa Barbara Superior Court Commissioner Denise Motter

47)  Union Bank successor to SBB&T: Explain why Union Bank successor to SBB&T, has not adjusted the monthly payment of the Oceano Nursery SBA PLP loan with Union Banks profitable sale of the Oceano Nursery inventory and property to Rick Gambril?

48)  Union Bank successor to SBB&T:  Explain what Union Bank has done with the extra Principal paid Union Bank from the improperly amortized SBA PLP Loan payments from 2007 to 2011 of $4,121.06 per month?  Diana Jessup Lee in the June 29, 2011 email below, you have stated! “Solely for settlement purposes I offered to discount your loan by various amounts, including $7,000.”

 

 

Diana Jessup Lee/ Union Bank successor to SBB&T, I am asking for a full accounting of Union Banks Attorney fees as “Bankruptcy Rule 2016(a) mandates that “an entity seeking compensation for services or reimbursement for expenses shall file an application setting forth a detailed statement of (1) the services rendered, time expended and expenses incurred, and (2) the amounts requested.”41”  Union Bank charged $57,676.17 by Reicker, Pfau, Pyle & McRoy LLP in Exhibit B-23 (Case No. ND11-15818RR). Union Bank in front of Santa Barbara Superior Court Commissioner Denis Motter has claimed that this $57,676.17 in Attorney Fees had nothing to do with the questions asked of Union bank as stated by Robert Forouzandeh January 28, 2013!    

 

Robert Forouzandeh Stated January 28, 2013!  “MR. FOROUZANDEH: Your Honor, the $57,000 in attorney's fees had very little to nothing to do with the prior restraining order. That matter has been adjudicated in front of the bankruptcy court. That's all been resolved. There was no request for attorney's fees, either in our last petition before you or this present petition before you. As to the questions, Mr. Bookout, yes, he is correct. He's contacted the CEO of Union Bank asking questions about his loan. That e-mail was forwarded to us. We immediately contacted Mr. Bookout and asked him to direct all of his questions pertaining to his loan through our office and when he CC's the other official, we again respond and say, "Mr. Bookout, here are the answers to your questions, but please stop e-mailing everybody in the organization."

 

Diana Jessup Lee/ Union Bank successor to SBB&T,  I am requesting an accounting of Union Banks charge of $39,750.00 and that this money is returned with interest as seen in Exhibit A-22 along with the Union Bank charge of $26,500.00 (10% standard deduction by the bank on all foreclosures)  Union Bank as the lender, holds the primary responsibility for keeping accurate records. See, In re Parrish, 326 B.R. 708, 721 (Bankr. N.D. Ohio 2005), and In re Jacobson, 5 B.R. 274, 277 (Bankr. D.S.D. 1980).  See Wells Fargo Bank, N.A. v. Jones (In re Jones), 439 Fed.Appx. 330 (5th Cir. 2011).  Wells Fargo Bank, N.A. v. Stewart (In re Stewart), 647 F.3d 553 (5th Cir. 2011).  See, e.g., In re Henry, 266 B.R. 457, 480 (Bankr. C.D.Cal. 2001)(Awarding interest in addition to compensatory damages under 362(h)).

 

Diana Jessup Lee, If Union Bank successor to SBB&T, has any documents (IRS 1098 Forms) to back up the May 6, 2011 amortization schedule as you (Diana Jessup Lee) have stated January 24, 2013: Then please provide these Union Bank successor to SBB&T documents as you have stated for Union Bank on January 24, 2013!      As I have done on numerous occasions, I direct you to Schedule 2 which was attached to my May 6, 2011 letter to you as well as my letter to you dated May 19, 2011 in which I explain that your $22,274.46 payment in July, 2007 was applied to satisfy your monthly  principal and interest payments due for May, June, July, August and September, 2006 which you had failed to pay.  The reduction in principal on your loan after application of this payment is confirmed in Schedule 2.  Why do you keep asking the same question?  If you believe my explanations are wrong, please state precisely why and explain your conclusion as opposed to simply asserting false conclusory statements.” 

 

Diana Jessup Lee/ Union Bank successor to SBB&T,  Again answer the 48 Questions asked above of Union Bank!   The attached, Union Bank SBA loan documents, show Union Bank successor to SBB&T (IRS Forms 1098 from 2007, 2008, 2009, 2010 and a September 13, 2010 SBA Form 1149 as presented at Mediation with Lol Sorensen by Santa Barbara Bank & Trust.  Please answer the question above and below of Union Bank from these Union Bank successor to SBB&T documents!  Please also provide your response to Elizabeth F. Rojas Chapter 13 Trustee Fax (818) 933-5755.  Attached are Union Bank successor to SBB&T emails from January 25, 2011 to February 13, 2013 showing Union Banks SBA loan Fraud and Breach of Contract!

 

Sincerely 

Bill Bookout

CC Jeffery Frederick  Santa Barbara District Attorney Supervising Investigator

CC Chris Gautschi

CC Richard Rossi

CC Judge Robin L. Riblet Case # ND11-15818-RR

CC Elizabeth F. Rojas Chapter 13 Trustee  Fax (818) 933-5755

CC California State Bar

 


From: Robert Forouzandeh [mailto:rforouzandeh@rppmh.com]
Sent: Wednesday, February 13, 2013 6:22 PM
To: Bill Bookout (
Pismobeachdiveshop@charter.net)
Subject: Notice of Violation of Modified Restraining Order

 

Mr. Bookout:

 

On February 13, 2013 at 3:22 p.m. you communicated directly with Union Bank in violation of Section 6(a)(4) of the Modified Restraining Order entered on February 5, 2013.  As stated in that Order you “must direct any communications pertaining to [your] SBA Loan solely to Diana Jessup Lee or Robert Forouzandeh, and not to any officers, directors or employees of SBBT or Union Bank.” (Emphasis in original.)  Your violation constitutes contempt of Court.

 

This letter serves as a warning.  However, if you violate the Restraining Order again, we will bring your conduct to the Court’s attention, seek a contempt citation and pursue all available remedies.

 

I am compiling answers to questions in your recent email to my office.  Once I have gathered all necessary information, I will respond further.

 

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: Friday, February 08, 2013 11:33 AM
To:
dlee@rppmh.com; Fredericks, Jeffrey (jfreder@co.santa-barbara.ca.us)
Cc: 'Mendoza, Carlos G.'; 'Ryner, Leanne M.'; 'Ryner, Leanne M.'; 'dvallely@co.slo.ca.us'; 'velie@calcoastnews.com'; 'gstarkey@newtimesslo.com'; 'mfountain@newtimesslo.com'; 'lol@rsmediate.com'; 'Nudson, Anne'; 'da, sbcounty'; 'sanschromo@yahoo.com'; 'Richard Rossi'; 'Debra Hernandez'; 'adam.kaplan@sba.gov'; 'sandra.mazzoni@sba.gov'; 'Sabado, Michelle';
rforouzandeh@rppmh.com
Subject: RE: Union Bank SBA PLP Loan Fraud as presented by Union Bank to the Santa Barbara Superior Court Commissioner Denise Motter. Case # 1381216

 

February 8, 2013

 

Diana Jessup Lee, Esq.  California State Bar # 155191

Reicker, Pfau, Pyle & McRoy LLP

1421 State Street, Suite B

Santa Barbara, CA  93101

 

Dear Mrs. Diana Jessup Lee/ Union Bank successor to SBB&T

 

Santa Barbara Superior Court Commissioner Denise Motter, has appointed you (Diana Jessup Lee) as Union Bank successor to SBB&T; SBA Loan representative to answer Oceano Nursery SBA Loan Questions!  Please answer the Union Bank SBA loan questions below on February 8, 2013!  All questions asked of Union Bank successor to SBB&T can be seen at www.unionbank.me

 

Diana Jessup Lee/ Union Bank successor to SBB&T

 

1)     Explain as to why in the December 31, 2007 IRS Form 1098, SBBT/Union Bank did not apply any of the five forbearance agreement payments towards Principal?

2)     Explain as to why in the December 31, 2007 IRS Form 1098, SBBT/Union Bank shows a (Ending Principal Balance) of $420,024.30 and does not reduce this balance as seen in the December 31, 2006 IRS Form 1098?

3)     Explain as to why in the December 31, 2007 IRS Form 1098, SBBT/Union Bank shows only interest of $53,358.70 paid and nothing towards principal?

4)     Explain as to why in the December 31, 2007 IRS Form 1098, SBBT/Union Bank does not apply any extra principal paid as seen on 7/31/07?

5)     Explain as to why in the December 31, 2007 IRS Form 1098, SBBT/Union Bank charges (Regular Payment)s of $4,121.06 from 9/11/07-12/13/07?

6)     Explain as to why in the December 31, 2008 IRS Form 1098 that SBBT/Union Bank charged monthly payments of $4,121.06 against SBA loan rules?  Diana Jessup Lee, You Claim January 24, 2013 that this monthly payment should have been $4,028.05!

7)     Explain as to why in the December 31, 2008 IRS Form 1098 that SBBT/Union Bank did not re-amortize the payment of $4,121.06?

 

Diana Jessup Lee,  You Stated June 29, 2011: “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.”

 

8)     Explain as to why in the IRS 1098 Forms from 2007 to 2010 from your June 29, 2011 email as to how SBBT/Union Bank prepared the May 6, 2011 Amortization Schedule against your June 29, 2011 email?

9)     Explain how Union Bank has credited the $22,274.46 principal, per the 2007-2010 IRS forms 1098?

10)  Explain as to why in the December 31, 2008 IRS Form 1098 that SBBT/Union Bank applied extra principal paid of $78.94 to interest on 4/15/2008?

11)  Explain as to why in the December 31, 2008 IRS Form 1098 that SBBT/Union Bank applied extra Principal paid of $1078.94 to interest on May 21, 2008?

12)  Explain as to why in the December 31, 2008 IRS Form 1098 that SBBT/Union Bank charged $157.88 in (Late Charges Paid YTD)?

 

Diana Jessup Lee,  You Stated June 28, 2011:  “Please send me a copy of the "1098 form" about which you have questions and I will obtain an explanation for you.”

Diana Jessup Lee,  You Stated July 5, 2011:  “The schedules and "computerized records" you request were included with and explained in my May 6 letter.” 

 

13)  Explain as to why in the December 31, 2009 IRS Form 1098 that SBBT/Union Bank charged monthly payments of $4,121.06 against SBA loan rules?

14)  Explain as to why in the December 31, 2009 IRS Form 1098 that SBBT/Union Bank did not re-amortize the payment of $4,121.06?

15)  Explain as to why in the December 31, 2009 IRS Form 1098 that SBBT/Union Bank charged $711.40 in (Late Charges Paid YTD)?

 

Diana Jessup Lee,  You Stated June 28, 2011 “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.”

 

16)  Explain as to why in the December 31, 2010 IRS Form 1098 that SBBT/Union Bank claimed a Principal Balance of $390,996.91 against the January 6, 2011 SBBT (Proof of Claim) amount of $400,962.89?

17)  Explain as to why in the December 31, 2010 IRS Form 1098 that SBBT/Union Bank charged late payment fees of $206.05 or 5% of $4,121.06 against SBA loan Rules or Your (Diana Jessup Lee) January 24, 2013 claim of a monthly payment of $4,028.05?

18)  Explain as to why in the December 31, 2010 IRS Form 1098 that SBBT/Union Bank charged $2,800.00 as an Appraisal fee?  Please provide a copy of this September 17, 2010 appraisal as charged!

19)  In the Santa Barbara Bank & Trust August 24, 2011 (Payment Notice) explain why Union Bank/SBBT did not claim $45,171.20 owed Union Bank per the May 19, 2011 NOD?

20)  In the Santa Barbara Bank & Trust August 24, 2011 (Payment Notice) explain why Union Bank/SBBT claimed a monthly payment of $4,121.06 against SBA loan amortization rules?

21)  Explain how Union Bank on/SBBT on May 6, 2011 came up with $4,028.05 instead of the August 24, 2011 (Payment Notice) $4,121.06?

22)  In the Santa Barbara Bank & Trust August 24, 2011 (Payment Notice) explain Union Bank/SBBT (Charges/Fees Due) of $20,643.86?

23)  In the Santa Barbara Bank & Trust August 24, 2011 (Payment Notice) explain why Union Bank/SBBT claims 20 payments of $4,121.06 totaling $82,421.20 against the May 19, 2011 NOD, SBA loan rules and Your (Diana Jessup Lee) January 24, 2013 email Stating?  As I have done on numerous occasions, I direct you to Schedule 2 which was attached to my May 6, 2011 letter to you as well as my letter to you dated May 19, 2011 in which I explain that your $22,274.46 payment in July, 2007 was applied to satisfy your monthly  principal and interest payments due for May, June, July, August and September, 2006 which you had failed to pay.  The reduction in principal on your loan after application of this payment is confirmed in Schedule 2. “

 

24)  As seen in the Santa Barbara Bank & Trust July 24, 2007 (Payment Notice) explain why Union Bank/SBBT claimed a payment due of $4,121.06 per month against the 2007 forbearance agreement?

25)  As seen in the Santa Barbara Bank & Trust July 24 2007 (Payment Notice) explain how Union Bank/SBBT amortized the Oceano Nursery SBA loan at 6% against the your January 24, 2013 email by (Diana Jessup Lee)?

26)  As seen in the Santa Barbara Bank & Trust June 23, 2007 (Payment Notice) explain how Union Bank/SBBT amortized $474,298.51 at 6%?  Diana Jessup Lee, You Claim January 24, 2013 that the SBA loan was amortized at $462,069.51 with a monthly payment of $4,028.05!

27)  Explain as to how you as Union Banks SBA loan representative, (Diana Jessup Lee) can claim January 24, 2013 that the Oceano Nursery SBA loan was amortized from Schedule 2 after five payments totaling $22,274.46 down to $416,898.31 and then adding 10 payments of both principal and interest totaling $462,069.51 making a monthly payment of $4,028.05 against Union Bank/SBBT’s SBA Forms 1149 and all IRS Form 1098 from 2007 to present?

28)  As seen in the Santa Barbara Bank & Trust June 23, 2007 (Payment Notice) explain how Union Bank/SBBT paid and applied principal from the five payments of $22,274.46 per the June 30, 2007 forbearance agreement against your (Diana Jessup Lee) January 24, 2013 email below?

 

29)  In the Santa Barbara Bank & Trust July 4, 2007 online accounting explain how Union Bank/SBBT did not account for the June 30, 2007 five payments of principal and interest totaling $22,274.46?

30)  In the Santa Barbara Bank & Trust July 17, 2007 online accounting explain how Union Bank/SBBT claimed interest due of $33,945.49 after subtracting $22,274.46?

31)  In the Santa Barbara Bank & Trust July 23, 2007 online accounting explain how Union Bank/SBBT claimed interest due of $33,821.79 after subtracting $22,274.46 and receiving two principal and interest payments of $5,000.00?

32)  Explain as to why in Union Banks May 6, 2011 amortization schedule # 2 that SBBT/Union Bank does not account for the extra principal paid?

33)  In the Pacific Capital Bank January 9, 2007 (Demand Letter) from Heidi Dugan.  Explain why Union Bank/SBBT ignored paying principal from five payments of $22,274.46 per the June 30, 2007 forbearance agreement?

34)  In the Pacific Capital Bank January 9, 2007 (Demand Letter) from Heidi Dugan.  Explain why Union Bank/SBBT claimed $45,171.20 owed in the May 19, 2011 NOD compared to Pacific Capital Banks January 9, 2007 (Demand Letter) loan accounting?

35)  In the Pacific Capital Bank September 29, 2006 (Letter) from Heidi Dugan.  Explain why Union Bank/SBBT claimed $45,171.20 owed in the May 19, 2011 NOD compared to Pacific Capital Banks loan accounting?

36)  In the Santa Barbara Bank & Trust August 29, 2011 SBA form 1149 explain how Union Bank/SBBT claimed monthly payments of $4,121.06 per month against the 2007 forbearance agreement and your Union Banks SBA Loan Representative (Diana Jessup Lee) May 6, 2011 Amortization Schedule?

37)  Explain as to How Union Bank believes that an Amortization Schedule is accurate against IRS Forms 1098 and SBA Forms 1149?

 

Diana Jessup Lee, You stated for Union Bank on January 8, 2013 against IRS 1098 Forms and SBA 1149 Forms as presented to Santa Barbara Superior Court Commissioner, Denise Motter: As Mr. Forouzandeh stated to you in his November 23, 2011 email, the $390,996.91 balance was apparently obtained by you from SBBT's online banking feature which temporarily showed a principal balance of $390,996.91 for the loan.  The $390,996.91 was calculated using the fixed interest rate of 6% set forth in the Forbearance Agreement.” 

 

38)  Please provide a current Union Bank SBA Loan Transaction History with your January 8, 2013 email statement!  Please explain the 2008 IRS Form 1098 Balance of $390,996.91 against your January 6, 2012 (Proof of Claim) to Judge Robin L. Riblet?

39)  In the October 26, 2010 Demand Statement from Vice President Sandra Sheffield.  Explain as to why Pacific Capital Bank did not claim $45,171.20 in deferred and defaulted payments against Union Banks May 19, 2011 NOD?

40)  In the Santa Barbara Bank & Trust September 20, 2010 SBA form 1149 explain how Union Bank/SBBT claimed monthly payments of $4,121.06 per month against the 2007 forbearance agreement?

41)  In the Santa Barbara Bank & Trust September 20, 2010 SBA form 1149 explain how Union Bank on January 24, 2013 that the May 6, 2011 Amortization Schedule # 2 is accurate against the September 20, 2010 SBA Form 1149?

42)  In the May 2, 2011 Email to Diana Jessup Lee, copied to Mediator Lol Sorensen.  Explain why Union Bank/SBBT ignored the September 13, 2010 SBA Form 1149 provided in Mediation with Lol Sorenson by Doug Lutz?    

43)  In the Email to yourself (Diana Jessup Lee) and Mediator, Lol Sorensen on May 2, 2010.  Explain why Union Bank/SBBT ignored the Santa Barbara Bank & Trusts online accounting as of May 2, 2012 with monthly payments of $4,121.06 and a principal balance of $390,996.91?

44)   Explain how Union Bank successor to SBB&T can charge 10% ($26,500.00 of an appraised property value of $265,000.00) as a Foreclosure fee on all (SBA PLP Loan) Foreclosures?  Union Bank in their 2013 Form 1099-A Claim a (Fair market Value of Property) to be $189,000.00 against Union Banks own property appraisal of $265,000.00! 

45)  Explain how Union Bank successor to SBB&T can charge charge $39,750.00 off of an $265,000.00 Appraised value to fix up a SBA loaned property that they are foreclosing on as seen in Union Banks February 21, 2012 Exhibit A-22 as presented to United States Bankruptcy Judge Robin L. Riblet?

46)  Explain how Union Bank successor to SBB&T charge $57,676.17 in Attorney fees, for asking bank loan questions; without paying back an SBA loan with this money or creditors from profits in a forced foreclosure sale caused by Union Bank Successor to SBB&T as seen in Union Banks February 27, 2012 Exhibit B-23 as presented to United States Bankruptcy Judge Robin L. Riblet and Santa Barbara Superior Court Commissioner Denise Motter

 

Diana Jessup Lee/ Union Bank successor to SBB&T, I am asking for a full accounting of Union Banks Attorney fees as “Bankruptcy Rule 2016(a) mandates that “an entity seeking compensation for services or reimbursement for expenses shall file an application setting forth a detailed statement of (1) the services rendered, time expended and expenses incurred, and (2) the amounts requested.”41”  Union Bank charged $57,676.17 by Reicker, Pfau, Pyle & McRoy LLP in Exhibit B-23 (Case No. ND11-15818RR). Union Bank in front of Santa Barbara Superior Court Commissioner Denis Motter has claimed that this $57,676.17 in Attorney Fees had nothing to do with the questions asked of Union bank as stated by Robert Forouzandeh January 28, 2013!    

Robert Forouzandeh Stated!  “MR. FOROUZANDEH: Your Honor, the $57,000 in attorney's fees had very little to nothing to do with the prior restraining order. That matter has been adjudicated in front of the bankruptcy court. That's all been resolved. There was no request for attorney's fees, either in our last petition before you or this present petition before you. As to the questions, Mr. Bookout, yes, he is correct. He's contacted the CEO of Union Bank asking questions about his loan. That e-mail was forwarded to us. We immediately contacted Mr. Bookout and asked him to direct all of his questions pertaining to his loan through our office and when he CC's the other official, we again respond and say, "Mr. Bookout, here are the answers to your questions, but please stop e-mailing everybody in the organization."

Diana Jessup Lee/ Union Bank successor to SBB&T,  Again answer the 46 Questions asked above of Union Bank!

 

Diana Jessup Lee/ Union Bank successor to SBB&T,  I am requesting an accounting of Union Banks charge of $39,750.00 and that this money is returned with interest as seen in Exhibit A-22 along with the Union Bank charge of $26,500.00 (10% standard deduction by the bank on all foreclosures)  Union Bank as the lender, holds the primary responsibility for keeping accurate records. See, In re Parrish, 326 B.R. 708, 721 (Bankr. N.D. Ohio 2005), and In re Jacobson, 5 B.R. 274, 277 (Bankr. D.S.D. 1980).  See Wells Fargo Bank, N.A. v. Jones (In re Jones), 439 Fed.Appx. 330 (5th Cir. 2011).  Wells Fargo Bank, N.A. v. Stewart (In re Stewart), 647 F.3d 553 (5th Cir. 2011).  See, e.g., In re Henry, 266 B.R. 457, 480 (Bankr. C.D.Cal. 2001)(Awarding interest in addition to compensatory damages under 362(h)).

 

Diana Jessup Lee, If Union Bank successor to SBB&T, has any documents to back up the May 6, 2011 amortization schedule as you (Diana Jessup Lee) have stated January 24, 2011: Then please provide these Union Bank successor to SBB&T documents as you state!      “As I have done on numerous occasions, I direct you to Schedule 2 which was attached to my May 6, 2011 letter to you as well as my letter to you dated May 19, 2011 in which I explain that your $22,274.46 payment in July, 2007 was applied to satisfy your monthly  principal and interest payments due for May, June, July, August and September, 2006 which you had failed to pay.  The reduction in principal on your loan after application of this payment is confirmed in Schedule 2.  Why do you keep asking the same question?  If you believe my explanations are wrong, please state precisely why and explain your conclusion as opposed to simply asserting false conclusory statements.” 

 

Diana Jessup Lee/ Union Bank successor to SBB&T; The attached, Union Bank SBA loan documents, show Union Bank successor to SBB&T (IRS Forms 1098 from 2007, 2008, 2009, 2010 and a September 13, 2010 SBA Form 1149 as presented at Mediation with Lol Sorensen by Santa Barbara Bank & Trust.  Please answer the question above of Union Bank from these Union Bank successor to SBB&T documents!  Please also provide your response to Elizabeth F. Rojas Chapter 13 Trustee Fax (818) 933-5755

Sincerely 

Bill Bookout

CC Jeffery Frederick  Santa Barbara District Attorney Supervising Investigator

CC Chris Gautschi

CC Richard Rossi

CC Judge Robin L. Riblet Case # ND11-15818-RR

CC Elizabeth F. Rojas Chapter 13 Trustee  Fax (818) 933-5755

CC California State Bar

 

From: Bill Bookout [mailto:pismobeachdiveshop@charter.net]
Sent: Thursday, February 07, 2013 7:28 AM
To: Fredericks, Jeffrey
Cc: 'Mendoza, Carlos G.'; 'Ryner, Leanne M.'; 'Ryner, Leanne M.'; 'dvallely@co.slo.ca.us'; 'velie@calcoastnews.com'; 'gstarkey@newtimesslo.com'; 'mfountain@newtimesslo.com'; 'lol@rsmediate.com'; Nudson, Anne; da, sbcounty;
dlee@rppmh.com; 'sanschromo@yahoo.com'; Richard Rossi; 'Debra Hernandez'; adam.kaplan@sba.gov; 'Bill Bookout'; sandra.mazzoni@sba.gov; 'Sabado, Michelle'
Subject: FW: Union Bank SBA PLP Loan Fraud as presented by Union Bank to the Santa Barbara Superior Court Commissioner Denise Motter. Case # 1381216

 

February 6, 2013

California Governor Jerry Brown
c/o State Capitol, Suite 1173
Sacramento, CA 95814

Phone: (916) 445-2841
Fax: (916) 558-3160

Dear  California Governor Jerry Brown,

Please review Union Bank successor to SBB&T, Small Business Administration (SBA) PLP loan # 664-196-4009 Fraud and Breach of Contract as seen below in the January 24, 2013 and January 8, 2013 emails from Union Banks SBA loan Representative Diana Jessup Lee, Esq. California State Bar # 155191.  Union Bank successor to SBB&T clams that a May 6, 2011 Amortization schedule is accurate against Union Banks IRS 1098 Forms.   Please review the January 24, 2013 questions asked of Santa Barbara Superior Court Commissioner Denise Motter, Mrs. Diana Jessup Lee, Union Bank President & Chief Executive Officer Masashi Oka, Simon Bonilla, Daniel Weidman, and Thomas Taggart below.   

 

Attached is the January 28, 2012 Santa Barbara Superior Court Transcript in front of Santa Barbara Superior Court Commissioner Denise Motter.  Commissioner Motter is fully aware of Union Bank successor to SBB&T, IRS 1098 Forms and SBA Forms 1149 showing Union Banks full knowledge of SBB&T Fraud and Breach of contract!  Union Banks States to Commissioner Motter:  “There's nothing falsified. The documents speak for themselves.” Union Bank successor to SBB&T claims in the Court Transcript on P. 6 and 7 that that they have answered questions after Union Banks President & Chief Executive Officer Masashi Oka has made aware of SBB&T actions!  Union Bank then claims that no evidence has been provided!

 

A website www.governorjerrybrown.net has been set up to show Union Banks successor to SBB&T; SBA loan fraud against Santa Barbara Bank & Trusts IRS Forms 1098 from 2007, 2008, 2009, 2010 and Santa Barbara Bank & Trusts August 29, 2011 SBA Form 1149.  Please provide this information and evidence to the California State Attorney General Kamala D. Harris/California State Bar and see that the questions asked below on January 24th 25th and 27th of Union Bank are answered by Union Bank as presented to Santa Barbara Superior Court Commissioner Denise Motter, on January 28, 2013.

California Governor Jerry Brown,

1)     Is it legal In California for Union Bank/SBBT to falsify a NOD and Monthly overcharge an (SBA)Small Business Administration loan since 2003 and 2007 as seen in Union Banks IRS Form 1098 documents as Successor to SBB&T? 

2)     Can California Banks legally charge a 10% ($26,500.00 of an appraised property value of $265,000.00) Foreclosure fee on all (SBA PLP Loan) Foreclosures?  Union Bank in their 2013 Form 1099-A Claim a (Fair market Value of Property) to be $189,000.00 against Union Banks own property appraisal of $265,000.00! 

3)     Can California Banks charge $39,750.00 off of an $265,000.00 Appraised value to fix up a SBA loaned property that they are foreclosing on as seen in Union Banks February 21, 2012 Exhibit A-22 as presented to United States Bankruptcy Judge Robin L. Riblet? 

4)     Can a California Bank charge $57,676.17 in Attorney fees, for asking bank loan questions; without paying back an SBA loan with this money or creditors from profits in a forced foreclosure sale caused by Union Bank Successor to SBB&T as seen in Union Banks February 27, 2012 Exhibit B-23 as presented to United States Bankruptcy Judge Robin L. Riblet and Santa Barbara Superior Court Commissioner Denise Motter?   

5)     Can a California Bank in a May 19, 2011 NOD falsely claim $45,171.20 owed Union Bank Successor to SBB&T against their own IRS Forms 1098 from 2007, 2008, 2009, 2010 and Santa Barbara Bank & Trusts August 29, 2011 SBA Form 1149 as seen at www.governorjerrybrown.net ?

6)     Are California Banks now allowed to charge interest on unpaid principal as claimed with Union Bank Successor to SBB&T May 19, 2011 NOD claim of both Principal and interest of $45,171.20 owed against the June 30, 2011 Comptroller of Currency Findings?

7)     As a Small California Business person in Pismo Beach California.  Union Bank successor to SBB&T; fraudulent actions has also cost $7,625.00 in Bankruptcy Attorney fees and two California Business properties plus business inventory and business loss!  How is it legal in California for Union Bank Successor to SBB&T to ignore their own Computerized Bank Records and IRS 1098 Forms; against Union Banks SBA loan Representative Diana Jessup Lee’s May 6, 2011 and May 19, 2011 letters as seen at www.governorjerrybrown.net ?   Please review Karen L. Grant March 30, 2012 Case 9:11-bk-15818-RR, response from Union Bank Successor to SBB&T at www.governorjerrybrown.net .Karen L. Grant charged $15,922.92 for her fraudulent statements to Bankruptcy Judge Robin L. Riblet as seen in  Karen L. Grant March 30, 2012 Case 9:11-bk-15818-RR, response!

California Governor Jerry Brown.  Union Bank Successor to SBB&T has again falsely stated January 24, 2013 as presented to Santa Barbara Superior Court Commissioner, Denise MotterAs I have done on numerous occasions, I direct you to Schedule 2 which was attached to my May 6, 2011 letter to you as well as my letter to you dated May 19, 2011 in which I explain that your $22,274.46 payment in July, 2007 was applied to satisfy your monthly  principal and interest payments due for May, June, July, August and September, 2006 which you had failed to pay.  The reduction in principal on your loan after application of this payment is confirmed in Schedule 2.  Why do you keep asking the same question?”    The Comptroller of the Currency Administrator of National Banks has investigated Santa Barbara Bank & Trust and found in the OCC letter on June 30, 2011 at www.governorjerrybrown.net Santa Barbara Bank & Trust not applying any principal as seen in Santa Barbara Bank & Trusts IRS Forms 1098 from 2007, 2008, 2009, 2010.   How are Union Bank Successor to SBB&T fraudulent loan actions legal in California?  Please review the emails below from  Union Bank successor to SBB&T going back to January 25, 2011.  Union Banks Schedule 2 does not exist per IRS 1098 Forms!  

 

California Governor Jerry Brown.  Again, please provide this information to the California State Attorney General, Kamala D. Harris /California State Bar and see that the questions asked below on January 24th 25th and 27th of Union Bank are answered by Union Bank as presented to Santa Barbara Superior Court Commissioner Denise Motter, on January 28, 2013.  The Santa Barbara District Attorney Office has stated December 13, 2012  As we discussed the District Attorney’s Office is not the primary investigative agency for these types of situations.  My recommendation would be to make a referral to the appropriate regulatory agency for your type of loan, if they determine that there is any inappropriate criminal action by the lending institution they can investigate and make a referral to the appropriate jurisdiction..”        

 

California Governor Jerry Brown, I believe the appropriate regulatory agency begins with the California State Attorney General Kamala D. Harris/California State Bar and your Office.     Union Banks successor to SBB&T Attorney charges of $73,5999.09 for asking for an accounting of a SBA loan, should be accounted for with the Union Bank January 24, 2013 email/Accounting from  Diana Jessup Lee, Esq. California State Bar # 155191!  Attached are Union Banks, Attorneys Diana Jessup Lee and Robert B. Forouzandeh emails from May 31, 2011 to January 24, 2013 including an email from SBB&T Attorney George C. Lazar on January 25, 2011. Each of these Emails go against the June 30, 2011 Office of the Comptroller of the Currency Administrator of National Bank letter and Union Banks own IRS Forms 1098 from 2007, 2008, 2009, 2010  at www.governorjerrybrown.net

CC Santa Barbara Superior Court Denise Motter  Case # 1381216

CC Michelle Sabado

 

From: Bill Bookout [mailto:pismobeachdiveshop@charter.net]
Sent: Sunday, January 27, 2013 9:46 AM
To: 'dlee@rppmh.com'; 'Masashi.Oka@unionbank.com';
rforouzandeh@rppmh.com
Cc: 'simon.bonilla@unionbank.com'; 'sanschromo@yahoo.com'; 'Richard Rossi'; 'Mendoza, Carlos G.'; 'Ryner, Leanne M.'; 'Nudson, Anne'; 'dvallely@co.slo.ca.us'; 'da, sbcounty'; 'velie@calcoastnews.com'; 'gstarkey@newtimesslo.com'; 'mfountain@newtimesslo.com'; 'Fredericks, Jeffrey'; 'lol@rsmediate.com'; 'daniel.weidman@unionbank.com'; 'thomas.taggart@unionbank.com'; 'donnasikola@unionbank.com'; 'bobj@westdalecapital.com'; Scott Waker <
swalker@cobrakayaks.com> (swalker@cobrakayaks.com); 'Debra Hernandez' (debra@rossilegal.com)
Subject: RE: Union Bank SBA PLP Loan Fraud as presented by Union Bank to the Santa Barbara Superior Court Commissioner Denise Motter. Case # 1381216

 

January 27, 2013

 

Santa Barbara Superior Court Commissioner Denise Motter

Union Bank President & Chief Executive Officer Masashi Oka and Simon Bonilla. 

Diana Jessup Lee, Esq.  California State Bar # 155191

Reicker, Pfau, Pyle & McRoy LLP

1421 State Street, Suite B

Santa Barbara, CA  93101

 

Dear Santa Barbara Superior Court Commissioner Denise Motter, Union Bank President & Chief Executive Officer Masashi Oka, Simon Bonilla, Daniel Weidman, and Thomas Taggart

 

The attached Exhibits are Union Bank documents, showing Union Bank/ Santa Barbara Bank & Trust (IRS Forms 1098 from 2007, 2008, 2009, 2010 and a September 13, 2010 SBA Form 1149 as presented at Mediation with Lol Sorensen by Santa Barbara Bank & Trust.   These documents are against Union Banks Vice President, Christine Sontag’s January 24, 2013 Second Set of Supplemental Exhibits; Motion to Modify a Restraining order for asking SBA PLP Loan questions of Union Bank from the Declaration of Robert B. Forouzandeh.   Each document presented by Union Bank on January 24, 2013 asks for an SBA loan accounting, from Union Bank/SBBT’s May 19, 2011 NOD, May 6, 2011 and May 19, 2011 letters written by Diana Jessup Lee, Esq.  California State Bar # 155191.  Wells Fargo Bank, N.A. v. Jones (In re Jones), 439 Fed.Appx. 330 (5th Cir. 2011).  Wells Fargo Bank, N.A. v. Stewart (In re Stewart), 647 F.3d 553 (5th Cir. 2011).

 

Union Bank in their Exhibit F. provides to the Santa Barbara Superior Court on January 24, 2013.  Union Banks (Payment Notices 2006-2007)  Comptroller of the Currency Administrator of National Banks June 30, 2011 findings, December 20, 2011 FOIA Documents with letters written by Pacific Capital Bank, Union Banks SBA Forms 1149 documents dated May 30, 2008, September 13, 2010 and August 29, 2011.  April 2, 2012 letter written to Robert Forouzandeh by the Law Offices of Chris Gautschi per the Oceano Nursery inventory, Pacific Capital Banks May 15, 2007 letter written by Vice President Sandra Sheffield followed by Pacific Capital Banks May 17, 2007 foreclosure letter and actions!  Union Bank in their Exhibit F. A Preliminary Title Report for the Oceano Nursery property, A San Luis Obispo County Assessed Value of the Oceano Nursery property of $299,910.00 along with an email from Pacific Capital Bank on August 21, 2010 claiming that Pacific Capital Bank no longer makes SBA loans!

 

Santa Barbara Superior Court Commissioner Denise Motter.  Please see that the questions asked below January 24, 2013 and January 25, 2013 of Union Bank are answered with these Union Bank documents showing Union Banks SBA loan Fraud as recently as January 24, 2013, per the statements from Reicker, Pfau, Pyle & McRoy LLP!   Union Bank on January 24, 2013 claims that their May 19, 2011 and May 6, 2011 SBBT letters are accurate against IRS Forms 1098 and the September 13, 2010 SBA Form 1149 as presented at Mediation with Lol Sorensen by SBBT.  Union Bank in their January 24, 2013 Exhibit F. have provided the Comptroller of the Currency Administrator of National Banks June 30, 2011 findings, showing Union Banks May 6, 2011 letter (amortization schedule) and May 19, 2011 NOD to be fraudulent!  Union Bank in the June 30 2011 OCC letter is found talking about the Restraining order filed with the Santa Barbara Superior Court on June 3, 2011 and that Ms. Diana J. Lee had been hired as counsel.  The OCC found that SBBT/Union Bank did not apply any principal from the five payments totaling $22,274.46 and that extra principal payments paid SBBT were applied to only interest. Wells Fargo Bank, N.A. v. Jones (In re Jones), 439 Fed.Appx. 330 (5th Cir. 2011).  Wells Fargo Bank, N.A. v. Stewart (In re Stewart), 647 F.3d 553 (5th Cir. 2011).

 

Union Bank in their December 21, 2012 Declaration to the Santa Barbara Superior Court Commissioner Denise Motter, falsely claim:  “In an effort to dissuade Bookout from continuing his harassment, Mrs. Lee again answered the four main questions Bookout continually asked over and over in his many communications.  A True and correct copy of the May 19, 2011 letter is attached as Exhibit F to the Original Request and incorporated herein.” 

 

Union Bank has stated January 24, 2013 against Exhibits 6 and 10 as previously presented to Santa Barbara Superior Court Commissioner, Denise Motter:  As I have done on numerous occasions, I direct you to Schedule 2 which was attached to my May 6, 2011 letter to you as well as my letter to you dated May 19, 2011 in which I explain that your $22,274.46 payment in July, 2007 was applied to satisfy your monthly  principal and interest payments due for May, June, July, August and September, 2006 which you had failed to pay.  The reduction in principal on your loan after application of this payment is confirmed in Schedule 2.  Why do you keep asking the same question?”  

 

Union Bank States in their closing argument on January 24, 2013:  “It must be noted that in some of Bookout’s emails he attaches an email from Union Banks council in which all of his questions were answered.” 

“Exhibit G Consists of the two emails from Diana Jessup Lee, counsel for Union Bank, to Bookout between January 8, 2013 and January 23, 2013.  These are the two most recent emails in which Ms. Lee answers Bookout’s questions pertaining to his loan.”

 

Santa Barbara Superior Court Commissioner Denise Motter.  The Statements by Union Bank representatives on December 21, 2012 and January 24, 2013 are again Fraudulent!  Union Bank has not answered the SBA loan questions asked of Union Bank as seen in the December 31, 2007 IRS Form 1098 and Union Banks 2008, 2010 and 2011 SBA Form 1149.  Attached as Exhibits are 55 Union Bank documents showing the fraudulent answers from Diana Jessup Lee on January 8, 2013 and January 24, 2013.

 

I am asking for full compensation of all Union Bank/ Santa Barbara Bank & Trust Attorney Fees charged by Reicker, Pfau, Pyle & McRoy LLP and Karen L. Grant along with Richard Rossi of $7,6125.00 due to the Union Bank Vice President Christine Sontag retaliatory actions after asking SBA loan questions of Santa Barbara Bank & Trust/Union Bank.  I am asking with the fraudulent answers from Diana Jessup Lee on January 8, 2013 and January 24, 2013; that the current restraining order be removed and that a Union Bank representative is designated to answer Union Bank SBA PLP loan questions!  I ask that this communication be provided to Judge Robin L. Riblet and Elizabeth F. Rojas, Chapter 13 Trustee.

 

I am asking for a full accounting of Union Banks Attorney fees as “Bankruptcy Rule 2016(a) mandates that “an entity seeking compensation for services or reimbursement for expenses shall file an application setting forth a detailed statement of (1) the services rendered, time expended and expenses incurred, and (2) the amounts requested.”41”  Union Bank charged $57,676.17 by Reicker, Pfau, Pyle & McRoy LLP as seen attached in Exhibit B-23 (Case No. ND11-15818RR).  I am requesting an accounting of Union Banks charge of $39,750.00 and that this money is returned with interest as seen in Exhibit A-22 along with the Union Bank charge of $26,500.00 (10% standard deduction by the bank on all foreclosures)  Union Bank as the lender, holds the primary responsibility for keeping accurate records. See, In re Parrish, 326 B.R. 708, 721 (Bankr. N.D. Ohio 2005), and In re Jacobson, 5 B.R. 274, 277 (Bankr. D.S.D. 1980).  See Wells Fargo Bank, N.A. v. Jones (In re Jones), 439 Fed.Appx. 330 (5th Cir. 2011).  Wells Fargo Bank, N.A. v. Stewart (In re Stewart), 647 F.3d 553 (5th Cir. 2011).  See, e.g., In re Henry, 266 B.R. 457, 480 (Bankr. C.D.Cal. 2001)(Awarding interest in addition to compensatory damages under 362(h)).

 

Santa Barbara Superior Court Commissioner Denise Motter.  With Union Banks fraudulent December 21, 2012---January 24, 2013 statements and attached (Bankruptcy Case NO. ND11-15818 RR) Exhibits showing Reicker, Pfau, Pyle & McRoy LLP; actions and use, after obtaining a restraining order from the Santa Barbara Superior Court Case NO. 1381216.  I am requesting a Court Reporters Transcript of this hearing, January 28, 2013 Case NO. 1381216.  I again request, that the current and requested restraining order be removed and that a Union Bank representative is designated to answer Union Bank SBA PLP loan questions!  I ask that this communication be provided to Judge Robin L. Riblet and Elizabeth F. Rojas, Chapter 13 Trustee.

 

 

Sincerely

 

Bill Bookout

Pismo Beach Surf Shop

 

CC Masashi Oka--Union Bank

CC Chris Gautschi

CC Richard Rossi

CC Judge Robin L. Riblet

CC Elizabeth F. Rojas Chapter 13 Trustee

CC California State Bar

CC Santa Barbara Superior Court Denise Motter

 

From: Bill Bookout [mailto:pismobeachdiveshop@charter.net]
Sent: Friday, January 25, 2013 2:51 PM
To: 'dlee@rppmh.com'; 'Masashi.Oka@unionbank.com';
rforouzandeh@rppmh.com
Cc: 'simon.bonilla@unionbank.com'; 'sanschromo@yahoo.com'; 'Richard Rossi'; 'Mendoza, Carlos G.'; 'Ryner, Leanne M.'; 'Nudson, Anne'; 'dvallely@co.slo.ca.us'; 'da, sbcounty'; 'velie@calcoastnews.com'; 'gstarkey@newtimesslo.com'; 'mfountain@newtimesslo.com'; 'Fredericks, Jeffrey'; 'lol@rsmediate.com'; 'daniel.weidman@unionbank.com'; 'thomas.taggart@unionbank.com'; 'donnasikola@unionbank.com'; 'bobj@westdalecapital.com'; 'Bill Bookout' (
Pismobeachdiveshop@charter.net)
Subject: RE: Union Bank SBA PLP Loan Fraud as presented by Union Bank to the Santa Barbara Superior Court Commissioner Denise Motter. Case # 1381216

 

January 25, 2013

 

Santa Barbara Superior Court Commissioner Denise Motter

Union Bank President & Chief Executive Officer Masashi Oka and Simon Bonilla.   

Diana Jessup Lee, Esq.  California State Bar # 155191

Reicker, Pfau, Pyle & McRoy LLP

1421 State Street, Suite B

Santa Barbara, CA  93101

 

RE: Union Banks Motion to Modify Restraining Order Case # 1381216 -----Exhibits previously filed with the Santa Barbara Superior Court 1-15 filed (June 24, 2011.CH-110)  Union Banks Exhibits provided to Santa Barbara Superior Court Commissioner Denise Motter on January 24, 2013.

 

Dear Santa Barbara Superior Court Commissioner Denise Motter, Union Bank President & Chief Executive Officer Masashi Oka, Simon Bonilla, Daniel Weidman, Thomas Taggart and Diana Jessup Lee,

 

In Response Union Banks Vice President Christine Sontag’s January 24, 2013 Motion to Modify a Restraining order for asking SBA Loan questions of Union Bank.  Please see that the questions asked below January 24, 2013 and January 25, 2013 of Union Bank are answered! 

 

Union Bank claims on January 24, 2013 against all (IRS Forms 1098 from 2007, 2008, 2009, 2010 and Mediation SBA Forms 1149) Union Bank States:  “It must be noted that in some of Bookout’s emails he attaches an email from Union Banks council in which all of his questions were answered.”  This is not the case and is why the questions asked again on January 24, 2013 and January 25, 2013 must be answered by Union Bank!

 

Union Bank has stated January 24, 2013 against Exhibits 6 and 10 as presented to Santa Barbara Superior Court Commissioner, Denise Motter:  As I have done on numerous occasions, I direct you to Schedule 2 which was attached to my May 6, 2011 letter to you as well as my letter to you dated May 19, 2011 in which I explain that your $22,274.46 payment in July, 2007 was applied to satisfy your monthly  principal and interest payments due for May, June, July, August and September, 2006 which you had failed to pay.  The reduction in principal on your loan after application of this payment is confirmed in Schedule 2.  Why do you keep asking the same question?”  

 

Union Banks (May 19, 2011 letter) Applies no principal as claimed by Union Banks Vice President Christine Sontag again on January 24, 2013!  Union Banks Exhibit E. May 6, 2011 Amortization Schedule was never used by Union Bank/SBBT in any SBA Form 1149 or IRS Form 1098!  Union Bank in Schedule 2 claims 10 payment totaling $45,171.20 owed by amortizing both principal and interest into the 2007 forbearance and workout agreement!  Union Bank/SBBT had Stated June 28, 2011 against Santa Barbara Bank & Trusts-- 2007, 2008, 2009, 2010 IRS Form 1098: “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.”

 

A)    Santa Barbara Superior Court Commissioner Denise Motter, Union Bank needs to explain as seen in exhibit # 6 as to why in the December 31, 2007 IRS Form 1098, SBBT/Union Bank did not apply any of the five forbearance agreement payments towards principal as claimed by Diana Jessup Lee on January 24, 2013!

 

B)    Santa Barbara Superior Court Commissioner Denise Motter, Union Bank needs to explain as seen in exhibit # 6 as to why in the December 31, 2007 IRS Form 1098, SBBT/Union Bank charged a monthly payment of $4,121.06 per month up to November 2011?

 

C)    Santa Barbara Superior Court Commissioner Denise Motter, Union Bank needs to explain as to why SBBT/Union Bank filed a Fraudulent NOD on May 19, 2011 and claimed $45,171.20 owed in Deferred and Defaulted Payments against the December 31, 2007 IRS Form 1098 as seen in exhibit # 6?

 

D)    Santa Barbara Superior Court Commissioner Denise Motter, Union Bank President & Chief Executive Officer Masashi Oka, Simon Bonilla, Daniel Weidman and Thomas Taggart,  If Union Bank has any SBA loan documents to back up Union Banks SBA Loan Representative Diana Jessup Lees January 24, 2013 email against all Union Bank/SBBT (IRS Forms 1098 from 2007, 2008, 2009, 2010 and Mediation with Lol Sorensen; September 13, 2010 SBA Forms 1149 along with the August 29, 2011 SBA form 1149) then please provide these documents to myself and Santa Barbara Superior Court Commissioner Denise Motter by January 28, 2013!

 

Santa Barbara Superior Court Commissioner Denise Motter.  All questions are fully asked of Union Bank on January 24, 2013 and January 25, 2013.  I ask that this communication be provided to the Judge Robin L. Riblet and Elizabeth F. Rojas, Chapter 13 Trustee.

 

Sincerely

 

Bill Bookout

Pismo Beach Surf Shop

 

CC Masashi Oka--Union Bank

CC Chris Gautschi

CC Richard Rossi

CC Judge Robin L. Riblet

CC Elizabeth F. Rojas Chapter 13 Trustee

CC California State Bar

CC Santa Barbara Superior Court Denise Motter

 

From: Bill Bookout [mailto:pismobeachdiveshop@charter.net]
Sent: Thursday, January 24, 2013 5:29 PM
To:
dlee@rppmh.com; Masashi.Oka@unionbank.com
Cc:
Masashi.Oka@unionbank.com; simon.bonilla@unionbank.com; sanschromo@yahoo.com; 'Richard Rossi'; 'Mendoza, Carlos G.'; 'Ryner, Leanne M.'; 'Nudson, Anne'; dvallely@co.slo.ca.us; 'da, sbcounty'; velie@calcoastnews.com; gstarkey@newtimesslo.com; mfountain@newtimesslo.com; 'Debra Hernandez'; 'Fredericks, Jeffrey'; lol@rsmediate.com; daniel.weidman@unionbank.com; thomas.taggart@unionbank.com; 'donnasikola@unionbank.com'; bobj@westdalecapital.com; 'Scott Waker'; 'Kaplan, Adam D.(Off. Inspector Gen.)'; 'Bill Bookout'
Subject: RE: Union Bank SBA PLP Loan Fraud as presented by Union Bank to the Santa Barbara Superior Court Commissioner Denise Motter. Case # 1381216

 

January 24, 2013

 

Santa Barbara Superior Court Commissioner Denise Motter

Union Bank President & Chief Executive Officer Masashi Oka and Simon Bonilla.   

Diana Jessup Lee, Esq.  California State Bar # 155191

Reicker, Pfau, Pyle & McRoy LLP

1421 State Street, Suite B

Santa Barbara, CA  93101

 

RE: Union Banks Motion to Modify Restraining Order Case # 1381216 -----Exhibits previously filed with the Santa Barbara Superior Court 1-15 filed (June 24, 2011.CH-110)

 

Dear Santa Barbara Superior Court Commissioner Denise Motter, Mrs. Diana Jessup Lee, Union Bank President & Chief Executive Officer Masashi Oka, Simon Bonilla, Daniel Weidman, Thomas Taggart,

 

On January 24, 2013 and On January 8, 2013—Union Banks SBA Loan Representative (Diana Jessup Lee) has shown Union Bank/Santa Barbara Bank & Trusts, SBA loan Fraud since 2007!  Union Bank questions asked below of Union Bank on January 15, 2013 now have to be answered by Union Bank, along with the follow up questions on January 22, 2013 and January 24, 2013!  Union Bank Stated January 8, 2013:  You ask why SBBT “would file a fraudulent NOD…”  SBBT did not file a fraudulent NOD, and you have provided no evidence to the contrary.”    Union Bank has provided in their Exhibit A to the Santa Barbara Superior Court on December 21, 2012 back up evidence showing Union Bank/SBBT SBA loan Fraud!  As previously presented to the Santa Barbara Superior Court are Exhibits 6 and 10 of 15.

 

Union Bank has stated January 24, 2013 against Exhibits 6 and 10 as presented to Santa Barbara Superior Court Commissioner, Denise Motter:  As I have done on numerous occasions, I direct you to Schedule 2 which was attached to my May 6, 2011 letter to you as well as my letter to you dated May 19, 2011 in which I explain that your $22,274.46 payment in July, 2007 was applied to satisfy your monthly  principal and interest payments due for May, June, July, August and September, 2006 which you had failed to pay.  The reduction in principal on your loan after application of this payment is confirmed in Schedule 2.  Why do you keep asking the same question?”   Union Banks June 6, 2011 Exhibit E. (CH-100) Applies no principal as claimed by Diana Jessup Lee again on January 24, 2013!  Union Banks Exhibit E. May 6, 2011 Amortization Schedule was never used by Union Bank/SBBT in any SBA Form 1149 or IRS Form 1098!  Union Bank in Schedule 2 claims 10 payment totaling $45,171.20 owed by amortizing both principal and interest into the 2007 forbearance and workout agreement!  Union Bank/SBBT had Stated June 28, 2011 against Santa Barbara Bank & Trusts-- 2007, 2008, 2009, 2010 IRS Form 1098: “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.”

 

Union Bank/SBBT States June 29, 2011 against Santa Barbara Bank & Trusts 2007, 2008, 2009, 2010 IRS Form 1098:  “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.”

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

 

Union Bank President & Chief Executive Officer Masashi Oka, Simon Bonilla, Daniel Weidman and Thomas Taggart, With the Emails from Union Banks SBA Loan Representative Diana Jessup Lee.  Please answer a few questions of Union Bank before the January 28, 2013 hearing in front of Santa Barbara Superior Court Commissioner Denise Motter!  These questions are very important with Union Banks January 24, 2013 and January 8, 2013 emails below!   Union Bank has been provided Exhibit 1-15 as mentioned by Union Banks SBA loan representative Diana Jessup Lee on June 29, 2011 as she States: “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.”

 

1)     Explain as seen in exhibit # 6 as to why in the December 31, 2007 IRS Form 1098, SBBT/Union Bank did not apply any of the five forbearance agreement payments towards Principal?

2)     Explain as seen in exhibit # 6 as to why in the December 31, 2007 IRS Form 1098, SBBT/Union Bank shows a (Ending Principal Balance) of $420,024.30 and does not reduce this balance as seen in the December 31, 2006 IRS Form 1098?

3)     Explain as seen in exhibit # 6 as to why in the December 31, 2007 IRS Form 1098, SBBT/Union Bank shows only interest of $53,358.70 paid and nothing towards principal?

4)     Explain as seen in exhibit # 6 as to why in the December 31, 2007 IRS Form 1098, SBBT/Union Bank does not apply any extra principal paid as seen on 7/31/07?

5)     Explain as seen in exhibit # 6 as to why in the December 31, 2007 IRS Form 1098, SBBT/Union Bank charges (Regular Payment)s of $4,121.06 from 9/11/07-12/13/07?

6)     Explain as to why SBBT/Union Bank filed a Fraudulent NOD on May 19, 2011 and claimed $45,171.20 owed in Deferred and Defaulted Payments against the December 31, 2007 IRS Form 1098 as seen in exhibit # 6?

 

Union Bank/SBBT States June 29, 2011: “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.”

 

7)     Explain as seen in exhibit # 6 as to why in the December 31, 2008 IRS Form 1098 that SBBT/Union Bank charged monthly payments of $4,121.06 against SBA loan rules?  Diana Jessup Lee Claims January 24, 2013 that this monthly payment should have been $4,028.05!

8)     Explain as seen in exhibit # 6 as to why in the December 31, 2008 IRS Form 1098 that SBBT/Union Bank did not re-amortize the payment of $4,121.06?

9)     Explain as seen in exhibit # 6 as to why in the December 31, 2008 IRS Form 1098 that SBBT/Union Bank applied extra principal paid of $78.94 to interest on 4/15/2008?

10)  Explain as seen in exhibit # 6 as to why in the December 31, 2008 IRS Form 1098 that SBBT/Union Bank applied extra Principal paid of $1078.94 to interest on May 21, 2008?

11)  Explain as seen in exhibit # 6 as to why in the December 31, 2008 IRS Form 1098 that SBBT/Union Bank charged $157.88 in (Late Charges Paid YTD)?

 

Union Bank/SBBT States June 28, 2011:  “Please send me a copy of the "1098 form" about which you have questions and I will obtain an explanation for you.”

Union Bank/SBBT States July 5, 2011:  “The schedules and "computerized records" you request were included with and explained in my May 6 letter.” 

 

12)  Explain as seen in exhibit # 6 as to why in the December 31, 2009 IRS Form 1098 that SBBT/Union Bank charged monthly payments of $4,121.06 against SBA loan rules?

13)  Explain as seen in exhibit # 6 as to why in the December 31, 2009 IRS Form 1098 that SBBT/Union Bank did not re-amortize the payment of $4,121.06?

14)  Explain as seen in exhibit # 6 as to why in the December 31, 2009 IRS Form 1098 that SBBT/Union Bank charged $711.40 in (Late Charges Paid YTD)?

 

Union Bank/SBBT States June 28, 2011 “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.”

 

15)  Explain as to why in the December 31, 2010 IRS Form 1098 that SBBT/Union Bank claimed a Principal Balance of $390,996.91 against the January 6, 2011 SBBT (Proof of Claim) amount of $400,962.89?

16)  Explain as to why in the December 31, 2010 IRS Form 1098 that SBBT/Union Bank charged late payment fees of $206.05 or 5% of $4121.06 against SBA loan Rules or Diana Jessup Lees January 24, 2013 claim of a monthly payment of $4,028.05?

17)  Explain as to why in the December 31, 2010 IRS Form 1098 that SBBT/Union Bank charged $2,800.00 as an Appraisal fee?  Please provide a copy of this September 17, 2010 appraisal as charged!

18)  In the Santa Barbara Bank & Trust August 24, 2011 (Payment Notice) explain why Union Bank/SBBT did not claim $45,171.20 owed Union Bank per the May 19, 2011 NOD?

19)  In the Santa Barbara Bank & Trust August 24, 2011 (Payment Notice) explain why Union Bank/SBBT claimed a monthly payment of $4,121.06 against SBA loan amortization rules?

20)  In the Santa Barbara Bank & Trust August 24, 2011 (Payment Notice) explain Union Bank/SBBT (Charges/Fees Due) of $20,643.86?

21)  In the Santa Barbara Bank & Trust August 24, 2011 (Payment Notice) explain why Union Bank/SBBT claims 20 payments of $4,121.06 totaling $82,421.20 against the May 19, 2011 NOD, SBA loan rules and Diana Jessup Lees January 24, 2013 email Stating?  “As I have done on numerous occasions, I direct you to Schedule 2 which was attached to my May 6, 2011 letter to you as well as my letter to you dated May 19, 2011 in which I explain that your $22,274.46 payment in July, 2007 was applied to satisfy your monthly  principal and interest payments due for May, June, July, August and September, 2006 which you had failed to pay.  The reduction in principal on your loan after application of this payment is confirmed in Schedule 2. “

 

22)  As seen in Exhibit # 6, in the Santa Barbara Bank & Trust July 24, 2007 (Payment Notice) explain why Union Bank/SBBT claimed a payment due of $4,121.06 per month against the 2007 forbearance agreement?

23)  As seen in Exhibit # 6, in the Santa Barbara Bank & Trust July 24 2007 (Payment Notice) explain how Union Bank/SBBT amortized the Oceano Nursery SBA loan at 6% against the January 24, 2013 email by Diana Jessup Lee?

24)  As seen in Exhibit # 6, in the Santa Barbara Bank & Trust June 23, 2007 (Payment Notice) explain how Union Bank/SBBT amortized $474,298.51 at 6%?  Diana Jessup Lee Claims January 24, 2013 that the SBA loan was amortized at $462,069.51 with a monthly payment of $4,028.05!

25)  Explain as to how Union Banks SBA loan representative, Diana Jessup Lee claims January 24, 2013 that the Oceano Nursery SBA loan was amortized from Schedule 2 after five payment totaling $22,274.46 down to $416,898.31 and then adding 10 payments of both principal and interest totaling $462,069.51 making a monthly payment of $4,028.05 against Union Bank/SBBT’s SBA Forms 1149 and all IRS Form 1098 from 2007 to present?

26)  As seen in Exhibit # 6, in the Santa Barbara Bank & Trust June 23, 2007 (Payment Notice) explain how Union Bank/SBBT paid and applied principal from the five payments of $22,274.46 per the June 30, 2007 forbearance agreement and Diana Jessup Lees January 24, 2013 email?

 

27)  In the Santa Barbara Bank & Trust July 4, 2007 online accounting explain how Union Bank/SBBT did not account for the June 30, 2007 five payments of principal and interest totaling $22,274.46?

28)  In the Santa Barbara Bank & Trust July 17, 2007 online accounting (Exhibit # 6), explain how Union Bank/SBBT claimed interest due of $33,945.49 after subtracting $22,274.46?

29)  In the Santa Barbara Bank & Trust July 23, 2007 online accounting (Exhibit # 6), explain how Union Bank/SBBT claimed interest due of $33,821.79 after subtracting $22,274.46 and receiving two principal and interest payments of $5,000.00?

30)  In the Pacific Capital Bank January 9, 2007 (Demand Letter) from Heidi Dugan.  Explain why Union Bank/SBBT ignored paying principal from five payments of $22,274.46 per the June 30, 2007 forbearance agreement?

31)  In the Pacific Capital Bank January 9, 2007 (Demand Letter) from Heidi Dugan.  Explain why Union Bank/SBBT claimed $45,171.20 owed in the May 19, 2011 NOD compared to Pacific Capital Banks January 9, 2007 (Demand Letter) loan accounting?

32)  In the Pacific Capital Bank September 29, 2006 (Letter) from Heidi Dugan.  Explain why Union Bank/SBBT claimed $45,171.20 owed in the May 19, 2011 NOD compared to Pacific Capital Banks loan accounting?

33)  In the Santa Barbara Bank & Trust August 29, 2011 SBA form 1149 explain how Union Bank/SBBT claimed monthly payments of $4,121.06 per month against the 2007 forbearance agreement and Union Banks SBA Loan Representative Diana Jessup Lee?

 

Union Bank Stated January 8, 2013 against Exhibits 6 and 10 as presented to Santa Barbara Superior Court Commissioner, Denise Motter: As Mr. Forouzandeh stated to you in his November 23, 2011 email, the $390,996.91 balance was apparently obtained by you from SBBT's online banking feature which temporarily showed a principal balance of $390,996.91 for the loan.  The $390,996.91 was calculated using the fixed interest rate of 6% set forth in the Forbearance Agreement.” 

 

34)  In the October 26, 2010 (Exhibit # 6) Demand Statement from Vice President Sandra Sheffield.  Explain as to why Pacific Capital Bank did not claim $45,171.20 in deferred and defaulted payments?

35)  In the Santa Barbara Bank & Trust September 20, 2010 SBA form 1149 (Exhibit # 7), explain how Union Bank/SBBT claimed monthly payments of $4,121.06 per month against the 2007 forbearance agreement?

 

36)  In Exhibit # 10 is a May 2, 2011 Email to Diana Jessup Lee, copied to Mediator Lol Sorensen.  Explain why Union Bank/SBBT ignored the September 13, 2010 SBA Form 1149 provided in Mediation with Lol Sorenson by Doug Lutz?    

37)  In Exhibit # 10 Email to Diana Jessup Lee and Mediator, Lol Sorensen on May 2, 2010.  Explain why Union Bank/SBBT ignored the Santa Barbara Bank & Trusts online accounting as of May 2, 2012 with monthly payments of $4,121.06 and a principal balance of $390,996.91?

 

Union Banks SBA loan Representative, Diana Jessup Lee, states June 29, 2011 from the IRS Form 1098/First Bank of San Luis Obispo (Payment Notice)s evidence presented to Santa Barbara Superior Court Commissioner Denise Motter:  “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.”

 

Union Banks Senior Vice President, Christine Sontag on June 6, 2011 had claimed to the Santa Barbara Superior Court commissioner Denise Motter, Case # 1381216:    “All communications by him are to be directed to Mr. Lazar and subsequently to Mrs. Lee, and that any and all of his questions would be answered by those designated representatives.”   Again the questions asked above need to be answered by Union Bank as stated June 6, 2011 from Union Banks Senior Vice President, Christine Sontag to Santa Barbara Superior Court Denise Motter. 

 

Union Bank President & Chief Executive Officer Masashi Oka, Simon Bonilla, Daniel Weidman and Thomas Taggart,  If Union Bank has any SBA loan documents to back up Union Banks SBA Loan Representative Diana Jessup Lees January 24, 2013 email, then please provide these documents by January 28, 2013!

 

Sincerely

 

Bill Bookout

Pismo Beach Surf Shop

 

CC Masashi Oka--Union Bank

CC Chris Gautschi

CC Richard Rossi

CC Judge Robin L. Riblet

CC Elizabeth F. Rojas Chapter 13 Trustee

CC California State Bar

CC Santa Barbara Superior Court Denise Motter

 


From: Diana Lee [mailto:dlee@rppmh.com]
Sent: Thursday, January 24, 2013 11:21 AM
To: Vicki Cogley; Bill Bookout (Pismobeachdiveshop@charter.net)
Cc: Robert Forouzandeh
Subject: RE: Union Bank SBA PLP Loan Fraud as presented by Union Bank to the Santa Barbara Superior Court Commissioner Denise Motter. Case # 1381216

 

Mr. Bookout:

 

As I have done on numerous occasions, I direct you to Schedule 2 which was attached to my May 6, 2011 letter to you as well as my letter to you dated May 19, 2011 in which I explain that your $22,274.46 payment in July, 2007 was applied to satisfy your monthly  principal and interest payments due for May, June, July, August and September, 2006 which you had failed to pay.  The reduction in principal on your loan after application of this payment is confirmed in Schedule 2.  Why do you keep asking the same question?  If you believe my explanations are wrong, please state precisely why and explain your conclusion as opposed to simply asserting false conclusory statements. 

 

Again, please limit your correspondences to either me or Robert Forouzandeh and stop harassing Union Bank personnel who are not responsible for responding to your questions which contain hundreds of pages of emails that repeat ad nauseam your unfounded accusations and questions.

 

Diana Jessup Lee, Esq.

Reicker, Pfau, Pyle & McRoy LLP

1421 State Street, Suite B

Santa Barbara, CA  93101

 

Tel:  805-966-2440 ext. 463

Fax:  805-966-3320

E-mail: dlee@rppmh.com

Website:  www.reickerpfau.com

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From: Diana Lee [mailto:dlee@rppmh.com]
Sent: Tuesday, January 08, 2013 6:04 PM
To: Bill Bookout
Subject: RE: Union Bank SBA PLP Loan Fraud as presented by Union Bank to the Santa Barbara Superior Court. Case # 1381216

 

Mr. Bookout:

 

This email is in response to your email sent to me on January 7, 2013 at approximately 8:38 am.  I repeat the demand previously made by Robert Forouzandeh of my office that you cease contacting any Union Bank officers or employees pertaining to your SBA loan since their only involvement is as the successors to the Santa Barbara Bank & Trust (“SBBT”) personnel you have been ordered not to contact. 

 

As to the questions posed in your email, although both Mr. Forouzandeh and I have answered each of them on multiple prior occasions, I will do so again on behalf of Union Bank. 

 

1.       You ask about my “SBA loan training and knowledge…”  Both Mr. Forouzandeh and I have access to all necessary information pertaining to your SBA loan, and we are authorized by Union Bank to answer your questions.

2.       You ask for the “amount of inventory sold by Santa Barbara Bank & Trust/Union Bank with the sale of the Oceano Nursery Inventory.”  The answer is none.  On April 2, 2012, Mr. Forouzandeh wrote your attorney Mr. Gautschi stating that Santa Barbara Bank & Trust (“SBBT”) did not foreclose on any of the Oceano Nursery inventory, and that the foreclosure was limited to the real property.  The only “inventory” left at the Oceano property after the Trustees Sale was landscape rock.  In that same correspondence, Mr. Forouzandeh stated that you were free to pick up the landscape rock at any time and that if you failed to do so within a reasonable timeframe the landscape rock would be deem abandoned at which point SBBT would proceed to hire a hauling company to come to the property to remove the rocks.  Your reference to a 2007 Inventory Opinion Letter is misplaced since no inventory was foreclosed.  Furthermore, since the real property was not foreclosed until February 2012, the value and amount of inventory in 2007 is irrelevant. 

3.       You ask why SBBT/Union Bank “claimed…attorneys fees of $57,676.17…”   As we have previously stated, the note for your SBA loan specifically permits SBBT to charge you for the attorneys fees and costs incurred as a result of your default of the note, including those incurred in bankruptcy proceedings.  You defaulted on both the Note and then on the Forbearance Agreement.  On both occasions, you bombarded the bank’s attorneys and employees with duplicative and voluminous correspondences and false allegations which resulted in significant fees being incurred.  You then filed bankruptcy which resulted in SBBT incurring additional attorneys’ fees and costs to protect its position in the Bankruptcy.  Thus, not only is this amount permitted by the terms of your SBA loan, the amount is reasonable in light of your actions.

4.       You ask how SBBT “applied the 2007 five payments of $22,274.46…”  As I stated in detail in my May 19, 2011 letter, pursuant to the express terms of the Forbearance Agreement, the $22,274.46 payment was credited towards satisfying the principal and interest owed by you for the May 2006-September 2006 payments on your SBA loan which you had previously failed to make. 

5.       You ask how SBBT “can amortize a SBA loan…by adding into it unpaid principal and then claiming a balance owed of $465,195.50.”  Again, I specifically addressed this issue in my May 19, 2011 letter to you.  In 2007 your loan was past due $67,445.66.  You paid $22,274.46 which paid a portion of the past due principal and interest with the remaining $45,171.20 past due being added to the outstanding balance due and the combined total was re-amortized to assist you in bringing the loan current.  You expressly agreed to this when you entered into the Forbearance Agreement.  

6.       How SBBT “has a legal right to charge interest on principal…”  I am unclear what you mean by this question.  Lenders charge interest on the principal balance of loans.  That is legal. 

7.       You ask why SBBT “would file a fraudulent NOD…”  SBBT did not file a fraudulent NOD, and you have provided no evidence to the contrary. 

8.       You ask why “attorneys fees of $58,700.00 are due for asking banking questions…”  Your statement is incorrect.  The attorneys fees included in SBBT’s claim in your bankruptcy arose from your default on the SBA Loan, your default on the Forbearance Agreement, and your bankruptcy proceeding.  Had you not defaulted on your SBA loan, you would not have been charged these fees. 

9.       You ask how SBBT “feels a legal right to charge 10% of $265,000.00 as a standard Santa Barbara Bank & Trust foreclosure fee.”  SBBT did not “charge” a foreclosure fee.  The entity conducting the foreclosure charged a foreclosure fee, as is standard.     

10.   You ask why your loan balance was deemed to be $400,962.89 instead of $390,996.91 in November 2011.  As Mr. Forouzandeh stated to you in his November 23, 2011 email, the $390,996.91 balance was apparently obtained by you from SBBT's online banking feature which temporarily showed a principal balance of $390,996.91 for the loan.  The $390,996.91 was calculated using the fixed interest rate of 6% set forth in the Forbearance Agreement.  Due to your default on the Forbearance Agreement, the Forbearance Agreement was rescinded 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 temporarily appeared on SBBT's online account access for your loan because that system had not been updated to rescind the terms of the Forbearance Agreement and had not re-calculated or re-amortized your loan based on the original loan terms.

 

I trust that these responses answer your questions.  If you have any further questions pertaining to your SBA loan, please contact Robert Forouzandeh or me, but do not contact any SBBT or Union Bank officers or employees.

 

 

Diana Jessup Lee, Esq.

Reicker, Pfau, Pyle & McRoy LLP

1421 State Street, Suite B

Santa Barbara, CA  93101

 

Tel:  805-966-2440 ext. 463

Fax:  805-966-3320

E-mail: dlee@rppmh.com

Website:  www.reickerpfau.com

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From: Robert Forouzandeh [mailto:rforouzandeh@rppmh.com]
Sent: Wednesday, December 12, 2012 4:35 PM
To: Bill Bookout (Pismobeachdiveshop@charter.net)
Cc: Chris Gautschi (sanschromo@yahoo.com); Richard Rossi [richard@rossilegal.com] (richard@rossilegal.com)
Subject: RE: Bookout/PCB Mediation per thier Bank Fraud and Breach of Contract since 2007

 

Mr. Bookout,

 

Over the past several days you have transmitted at least four email correspondences directly to various Union Bank officers, employees and directors who are the successors to the Santa Barbara Bank & Trust (“SBBT”) individuals you were ordered not to contact.  Your conduct violates the spirit of the June 27, 2011 Restraining Order after Hearing to Stop Harassment issued against you by the Santa Barbara Superior Court (the “Restraining Order”).  As part of the Restraining Order you were precluded from communicating with any SBBT officers, directors or employees and were ordered to direct any questions pertaining to your SBBT Small Business Administration Loan only to either Diana Jessup Lee or myself

 

This letter shall serve as the one and only demand that you cease and desist from contacting any Union Bank officers, directors or employees pertaining to your SBBT Small Business Administration loan.  Failure to abide by this demand will result in Union Bank initiating legal action against you to extend the Restraining Order to explicitly cover all Union Bank officials.  In the event legal action becomes necessary to modify the Restraining Order, Union Bank will seek reimbursement of all of its attorneys’ fees and costs from you as permitted by statute.

 

Furthermore, as I have reminded you on countless occasions, since the initiation of your bankruptcy petition in the United States Bankruptcy Court, you are represented by counsel of record.  Any communication regarding your SBBT loan while you are represented by counsel must be directed through your counsel.

 

Lastly, I would like to address your December 2012 bank statement request.  As I told your attorney Mr. Gautschi on numerous occasions, the bank statements for your account are generated in the third or fourth week of each month.  Thus, no December 2012 statement has been created yet for your account.  Once the December 2012 statement is generated, I will immediately forward it to Mr. Gautschi as I have done before.  I provided your November 2012 statement to Mr. Gautschi on November 27, 2012.

 

 

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: Robert Forouzandeh [mailto:rforouzandeh@rppmh.com]
Sent: Monday, January 23, 2012 10:43 AM
To: Bill Bookout
Cc: Richard Rossi; Diana Lee; Karen Grant
Subject: RE: Bookout/PCB Mediation per thier Bank Fraud and Breach of Contract since 2007

 

Mr. Bookout:

 

This correspondence is provided to you for information purposes only and does not constitute a demand for payment.

 

As you are well aware, you have filed bankruptcy.  Thus, as your attorney will be able to advise you, all issues surrounding your secured loan, including any accountings to be provided by secured creditors, are governed by federal statute.  Santa Barbara Bank and Trust has provided to you all accountings and records required by federal statute.  I again reiterate, your January post-petition payment to Santa Barbara Bank & Trust was $4,077.32 and your February 2012 post-petition payment along with all future post-petition payments for the 2012 calendar year are $4,389.64 per month. 

 

As to your question about the lack of late charges on your January 19, 2012 Statement that I provided to you, if you examine it closely, you will see that the late charges are identified as "Post Petition Late Charges Due".  This section only covers late charges that have accrued for the period of time since you filed your latest bankruptcy petition.

 

Lastly, as I have now stated to you on multiple occasions, the Santa Barbara Superior Court issued a restraining order against you (at a hearing in which you attended) which precluded you from contacting anyone at Santa Barbara Bank & Trust other than Diana Jessup Lee and myself.  That restraining order is still in full force and effect.  Again, as I am sure your attorney can advise you, any attempt by you to contact anyone at Santa Barbara Bank & Trust other than Diana Jessup Lee or myself would result in you being held in contempt of a valid Court Order by the Court.

 

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: Robert Forouzandeh [mailto:rforouzandeh@rppmh.com]
Sent: Friday, January 20, 2012 11:57 AM
To: Richard Rossi; Bill Bookout
Cc: Karen Grant; Diana Lee
Subject: In re William Arthur Bookout USBC Cen. Dist. CA. Case No. 9:11-bk-15818

 

Mr. Rossi:

 

Pursuant to the Addendum to Chapter 13 Plan Concerning Debtors Who Are Repaying Debt Secured by a Mortgage on Real Property filed by you on behalf of Mr. Bookout in the above entitled matter, secured creditor Santa Barbara Bank & Trust hereby submits the following monthly loan statement for Mr. Bookout's loan for the months of January and February 2012.  I have also attached the payment amount change notice as well.  As you will see, and as Mr. Bookout has mentioned on multiple occasions in the past, pursuant to the terms of Mr. Bookout's note, his loan was re-amortized this month and his new payment amount will be $4,389.64.  The new payment amount is effective for the post petition payment due on February 6, 2012.  Please be advised that Mr. Bookout has not tendered his post petition payment for January 2012 in the amount of $4,077.32 which is why this amount is listed as being "Post Petition Past Due Amount" on the monthly statement.

 

Pursuant to federal statute, this information is being provided to you and Mr. Bookout for information purposes only and these documents do not constitute demand for payment. 

 

If there are any questions, I would suggest that you, as opposed to your client, contact me to discuss further.

 

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: Robert Forouzandeh [mailto:rforouzandeh@rppmh.com]
Sent: Thursday, January 19, 2012 3:24 PM
To: Bill Bookout
Cc: Karen Grant; Richard Rossi; Diana Lee
Subject: RE: Bookout/PCB Mediation per thier Bank Fraud and Breach of Contract since 2007

 

Mr. Bookout:

 

I again remind you that the Santa Barbara Superior Court ordered you not to contact anyone at Santa Barbara Bank and Trust other than Diana Jessup Lee and myself.  The Restraining Order still stands and remains in full force and effect.  If you fail to abide by its terms, the Court will take action against you accordingly.

 

Additionally, you have failed to confirm whether you conducted an unauthorized recording of our telephone conversation yesterday as you orally represented to me at the very end of the call.  If your statement was true, then your recording would constitute a criminal act on your part. 

 

As to the questions you have posed in your email below.  I have answered each and every one of them on multiple occasions in the past.  All of the answers you seek can be found in the prior communications you have received from Ms. Lee and/or myself.  In fact, you have even cut and pasted and included many of my answers to your questions in the email below.  Simply because you did not like our prior answers does not mean that our answers will change if you ask the same question over and over again. 

 

I should not have to remind you again that you are represented by counsel in your currently pending bankruptcy petition.  Any questions should be directed through your attorney of record.

 

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

 

Mr. Bookout:

 

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

 

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

 

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

 

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

 

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

 

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

 

Robert B. Forouzandeh

Attorney at Law

Reicker, Pfau, Pyle & McRoy LLP

1421 State Street, Suite B

Santa Barbara, CA  93101

 

Tel:  805-966-2440

Fax:  805-966-3320

E-mail: rforouzandeh@rppmh.com

Website:  www.reickerpfau.com

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From: Robert Forouzandeh [mailto:rforouzandeh@rppmh.com]
Sent: Wednesday, January 18, 2012 3:26 PM
To: Bill Bookout
Cc: Diana Lee; Richard Rossi
Subject: RE: Bookout/PCB Mediation per thier Bank Fraud and Breach of Contract since 2007

 

Mr. Bookout:

 

Your reference to the document that you have attached an image of below is not helpful for your position as it is not current and your account balance has changed significantly since that time due to your failure to make any payments on the loan other than for October and November 2011.

 

More importantly, please read the language of the second paragraph where it specifically states in capital letters, "ACCEPTANCE OF ALL NET PROCEEDS OR THE AMOUNT SPECIFIED ABOVE DOES NOT CONSTITUTE FULL PAYMENT OF THE INDEBTEDNESS AND ANY REMAINING BALANCE WILL STILL BE OWED BY THE BORROWER AND GUARANTORS." 

 

Thus, neither Mr. Lutz's declaration nor the Demand Statement are inaccurate.

 

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: Robert Forouzandeh [mailto:rforouzandeh@rppmh.com]
Sent: Monday, January 09, 2012 10:44 AM
To: Bill Bookout
Cc: Diana Lee; Mary Jo Barbeau; Richard Rossi
Subject: RE: Bookout/PCB Mediation per thier Bank Fraud and Breach of Contract since 2007

 

Mr. Bookout:

 

As you are fully aware, pursuant to the Restraining Order issued by the Santa Barbara Superior Court on June 27, 2011, you are not to contact anyone at Santa Barbara Bank and Trust other than Diana Jessup Lee and myself.  Failure to abide by the Restraining Order may result in the Court holding you in contempt and incarcerating you and/or imposing civil penalties and fines against you.

 

I have reviewed the 10 questions you posed below.  These are questions which you have previously asked on multiple occasions and which have been previously answered on multiple occasions by either Mrs. Lee or myself.

 

Additionally, as you are aware, you have initiated a new bankruptcy claim in the United States Bankruptcy Court in which you are represented by counsel.  The questions you have posed go directly to Santa Barbara Bank and Trust's loan to you and its claim in your bankruptcy proceeding and thus, any and all questions pertaining to your loan with Santa Barbara Bank and Trust must be posed by your counsel.

 

Robert B. Forouzandeh

Attorney at Law

Reicker, Pfau, Pyle & McRoy LLP

1421 State Street, Suite B

Santa Barbara, CA  93101

 

Tel:  805-966-2440

Fax:  805-966-3320

E-mail: rforouzandeh@rppmh.com

Website:  www.reickerpfau.com

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

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

 


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

 

Mr. Bookout,

 

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

 

Diana Jessup Lee, Esq.

Reicker, Pfau, Pyle & McRoy LLP

1421 State Street, Suite B

Santa Barbara, CA  93101

 

Tel:  805-966-2440

Fax:  805-966-3320

E-mail: dlee@rppmh.com

Website:  www.reickerpfau.com

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

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

 


From: 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

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

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, 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.

 

Robert B. Forouzandeh

Attorney at Law

Reicker, Pfau, Pyle & McRoy LLP

1421 State Street, Suite B

Santa Barbara, CA  93101

 

Tel:  805-966-2440

Fax:  805-966-3320

E-mail: rforouzandeh@rppmh.com

Website:  www.reickerpfau.com

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

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


From: Robert Forouzandeh [mailto:rforouzandeh@rppmh.com]
Sent: 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.

 


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

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

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

 


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

 

Mr. Bookout:

 

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

 

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

 

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

 

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

 

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

 

Robert B. Forouzandeh

Attorney at Law

Reicker, Pfau, Pyle & McRoy LLP

1421 State Street, Suite B

Santa Barbara, CA  93101

 

Tel:  805-966-2440

Fax:  805-966-3320

E-mail: rforouzandeh@rppmh.com

Website:  www.reickerpfau.com

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

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

 


From: Robert Forouzandeh [mailto:rforouzandeh@rppmh.com]
Sent: Friday, September 02, 2011 4:31 PM
To: Bill Bookout
Subject: RE: Santa Barbara Bank & Trust Theft of Principal, Breach of Contract and Mortgage Modification Fraud.

 

Mr. Bookout,

 

Yet again, you continue to blatantly ignore our request that you provide us with copies of the OCC letters dated July 16, 2008 and June 30, 2011 that you refer to.  Furthermore, in your latest email you also cite to an OCC letter dated August 2, 2011.  You fail to attach this letter as well.

 

As stated before, your failure to send us copies of these letters leads us to believe that your references to these letters may not be accurate.  Without copies of these three letters, we are unable to respond to your questions pertaining to those letters.  Please forward these alleged letters to me at your earliest convenience so that I may review them and respond to your questions accordingly.


As to the other questions you have chosen to again repeat in your most recent email, I again repeat that all of these questions have been answered by either myself or Ms. Lee exhaustively and I would direct you to our prior correspondences to you for the answers that you seek.

Robert B. Forouzandeh

Attorney at Law

Reicker, Pfau, Pyle & McRoy LLP

1421 State Street, Suite B

Santa Barbara, CA  93101

 

Tel:  805-966-2440

Fax:  805-966-3320

E-mail: rforouzandeh@rppmh.com

Website:  www.reickerpfau.com

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

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

 


From: Robert Forouzandeh [mailto:rforouzandeh@rppmh.com]
Sent: Thursday, September 01, 2011 3:12 PM
To: Bill Bookout
Subject: RE: Santa Barbara Bank & Trust Theft of Principal, Breach of Contract and Mortgage Modification Fraud.

 

Mr. Bookout,

 

You continue to blatantly ignore our request that you provide us with copies of the OCC letters dated July 16, 2008 and June 30, 2011 that you refer to.  As stated before, your failure to send us copies of these letters leads us to believe that these references may not be accurate.  Without copies of these two letters, we are unable to respond to your questions pertaining to those letters.  Please forward these alleged letters to me at your earliest convenience so that I may review them and respond to your questions accordingly.


As to the other questions you have posed in your most recent email, I again repeat that all of these questions have been answered by either myself or Ms. Lee exhaustively and I would direct you to our prior correspondences to you for the answers that you seek.

 

 

Robert B. Forouzandeh

Attorney at Law

Reicker, Pfau, Pyle & McRoy LLP

1421 State Street, Suite B

Santa Barbara, CA  93101

 

Tel:  805-966-2440

Fax:  805-966-3320

E-mail: rforouzandeh@rppmh.com

Website:  www.reickerpfau.com

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

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


From: Diana Lee [mailto:dlee@rppmh.com]
Sent: Wednesday, August 31, 2011 3:38 PM
To: Bill Bookout
Cc: Robert Forouzandeh
Subject: RE: Santa Barbara Bank & Trust Theft of Principal, Breach of Contract and Mortgage Modification Fraud.

 

Dear Mr. Bookout:

 

You purport to quote from letters from the OCC dated July 16, 2008 and June 30, 2011, yet you refuse to provide us with copies of these letters.  Accordingly, we suspect your references to these letters are inaccurate.  We have answered your questions many times over, yet you refuse to answer our request for these letters.  Please provide the letters if you want us to respond further to your accusations.

 

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: Robert Forouzandeh [mailto:rforouzandeh@rppmh.com]
Sent: Friday, August 26, 2011 11:42 AM
To: Bill Bookout
Subject: RE: Santa Barbara Bank & Trust Theft of Principal, Breach of Contract and Mortgage Modification Fraud.

 

Mr. Bookout,

 

I have repeatedly asked you to provide me with copies of the July 16, 2008 and June 30, 2011 OCC letters that you claim that you are citing to.  You have failed to do so.  Therefore, I am unable to respond to the allegations you make in reference to those letters.

 

Please forward those letters to me at your convenience so that I can review them and respond.

 

Robert B. Forouzandeh

Attorney at Law

Reicker, Pfau, Pyle & McRoy LLP

1421 State Street, Suite B

Santa Barbara, CA  93101

 

Tel:  805-966-2440

Fax:  805-966-3320

E-mail: rforouzandeh@rppmh.com

Website:  www.reickerpfau.com

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

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


From: Robert Forouzandeh [mailto:rforouzandeh@rppmh.com]
Sent: Thursday, August 25, 2011 2:38 PM
To: Bill Bookout
Subject: RE: Santa Barbara Bank & Trust Theft of Principal, Breach of Contract and Mortgage Modification Fraud.

 

Mr. Bookout:

 

We have repeatedly, in writing, denied your false allegations of "the Bank Fraud and Breach of Contract committed by Santa Barbara Bank & Trust since 2007" and provided you with the evidence to substantiate our position.  We continue to stand by this denial.  We have also repeatedly told you that any delay in responding to your allegations does not constitute an admission of your allegations.

 

It must also be noted that neither the SBA, FDIC or OCC has made any findings of improper conduct on the part of Santa Barbara Bank and Trust in relation to your loan.

 

As I have stated to you on numerous occasions, the correspondences to you from Ms. Lee dated May 6, May 26, May 31, June 28, July 5 and July 15, 2011 and the correspondences to you from myself dated August 2 and 3 provide ample evidence to refute all of your false allegations against Santa Barbara Bank & Trust.  Please direct your attention to those documents.

 

Robert B. Forouzandeh

Attorney at Law

Reicker, Pfau, Pyle & McRoy LLP

1421 State Street, Suite B

Santa Barbara, CA  93101

 

Tel:  805-966-2440

Fax:  805-966-3320

E-mail: rforouzandeh@rppmh.com

Website:  www.reickerpfau.com

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

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

 


From: Robert Forouzandeh [mailto:rforouzandeh@rppmh.com]
Sent: Friday, August 12, 2011 4:41 PM
To: Bill Bookout
Subject: RE: Bookout/PCB Mediation per their Bank Fraud and Breach of Contract since 2007'Senator.Lowenthal@senate.ca.gov'

 

Mr. Bookout,

 

You continue to repeat the same questions that Diana Lee and myself have repeatedly answered.  I again direct your attention to the correspondences sent to you by Diana Lee on the following dates: May 6, May 26, May 31, June 28, July 5 and July 15, 2011.  I also direct you to my correspondences to you dated: August 2 and 3, 2011.  All of the questions that you have posed in your email below have been answered in the emails that I have identified.

 

Robert


From: Robert Forouzandeh [mailto:rforouzandeh@rppmh.com]
Sent: Wednesday, August 03, 2011 10:18 AM
To: Bill Bookout
Subject: RE: Bookout/PCB Mediation per their Bank Fraud and Breach of Contract since 2007

 

Mr. Bookout:

 

In response to your questions  :

 

"Wasn’t the deferred payments amortized from 2007 into this loan as presented to the Internal Revenue Service by Santa Barbara Bank & Trust for 2007 and 2008?

 

Why did Santa Barbara Bank & Trust not properly amortize this loan per the written 2007 Forbearance agreement?"

 

My response is as follows: Initially, the deferred payments were amortized into the loan after execution of the forbearance.  This was indicated in the two amortization schedules that Ms. Lee provided to you previously.  Subsequently, you defaulted on the loan and the forbearance agreement by failing to make payments.  Pursuant to Section 4(b)(ii) of the Forbearance (which you cut and pasted to your email below), "In the event of default under this Agreement or the Applicable Loan Documents, Bank shall be entitled to cancel the forbearance applicable to the Deferred Payments and shall be entitled to demand that Borrower within fifteen (15) business days of the demand, pay to Bank in full (i) the Deferred Payments and (ii) the Deferred Late Charges..."  Accordingly, after you defaulted on the Forbearance Agreement, Santa Barbara Bank and Trust demanded  that you pay the entire Deferred Payment amount in full within 15 business days, which you failed to do.  Accordingly, this amount was added to the Notice of Default which was recorded against your property in May.

 

All other questions that you pose in your latestemail were previously answered by Ms. Lee in the various emails that I identified below. 

 

I hope that this clears up any confusion that you may have as to the handling of your loan.

 

Robert


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: 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

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

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: Friday, July 15, 2011 2:28 PM
To: Bill Bookout
Subject: RE: Bookout/PCB Mediation per thier Bank Fraud and Breach of Contract since 2007

 

Dear Mr. Bookout,

 

Please provide me with a copy of the OCC finding referenced in your email below.

 

If in fact there have been no such findings (as I believe to be the truth), then your public statements constitute slander and trade liable.  To date Santa Barbara Bank & Trust has not sought legal recourse for your unlawful statements.  If you persist, however, the bank may find it necessary to obtain a court order against you, just as you pushed the bank to the pointing of obtain a restraining order against you.

 

Diana Lee.

 


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

 

Dear Mr. Bookout,

 

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

 

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

 

Diana Jessup Lee, Esq.

Reicker, Pfau, Pyle & McRoy LLP

1421 State Street, Suite B

Santa Barbara, CA  93101

 

Tel:  805-966-2440

Fax:  805-966-3320

E-mail: dlee@rppmh.com

Website:  www.reickerpfau.com

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

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

 


From: 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

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

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

 

Dear Mr. Bookout:

 

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

 

Diana Jessup Lee, Esq.

Reicker, Pfau, Pyle & McRoy LLP

1421 State Street, Suite B

Santa Barbara, CA  93101

 

Tel:  805-966-2440

Fax:  805-966-3320

E-mail: dlee@rppmh.com

Website:  www.reickerpfau.com

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

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

 

Dear Mr. Bookout,

 

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

 

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

 

Diana Lee

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


From: Levas, Vickie [mailto:vickie.levas@fnf.com]
Sent: Thursday, May 26, 2011 9:28 AM
To: pismobeachsurfshop@charter.net
Subject: File: 11-00126-5, 15899

 

Mr. Bookout:

Per your request, here is a breakdown of the amount showing on the NOD which has recorded 5/19/2011. A copy is attached.

10 payments 10/2006 thru 07/2007 $45,171.20
17 payments 01/2010 thru 05/2011 $65,853.51

TOTAL: $111,024.71


thank you,


Vickie Levas
Fidelity National Title Company
3075 Prospect Park Drive, Ste 100
Rancho Cordova, CA 95670
Telephone (916) 636-0114 x2095
E-Mail vickie.levas@fnf.com

NOTE: PRIVATE AND PRIVILEGED INFORMATION: THIS TRANSMISSION MAY CONTAIN INFORMATION OR MATERIAL WHICH IS CONFIDENTIAL AND NOT TO BE DISCLOSED TO ANYONE OTHER THAN THE PERSON TO WHOM THIS TRANSMISSION IS DIRECTED. ANY DISCLOSURE, DISTRIBUTION, COPYING OR USE OF THIS COMMUNICATION BY ANY OTHER PERSON IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE CONTACT US BY TELEPHONE IMMEDIATELY AND RETURN THE ORIGINAL COMMUNICATION TO US AT T! HE ABOVE ADDRESS VIA FIRST CLASS MAIL. THANK YOU VERY MUCH FOR YOUR COOPERATION AND UNDERSTANDING.

 


From: Diana Lee [mailto:dlee@rppmh.com]
Sent: Tuesday, May 03, 2011 7:40 PM
To: Bill Bookout
Cc: 'Lol Sorensen'; Doug.Lutz@pcbancorp.com; legal@fdic.gov; 'Ashker, Terrill K.'; 'Pamela Brinks'
Subject: RE: Bookout/PCB Mediation

 

Dear Mr. Bookout,

 

Thank you for approving the environmental inspection for May 6.  We are putting together the information we agreed to provide you, which hopefully will assist you in seeing that your assumptions are not correct.

 

Please comply with your commitment not to communicate with anyone other than me about this matter until May 13, 2011.

 

Diana Lee

 


From: Lol Sorensen [mailto:lol@rsmediate.com]
Sent: Wednesday, April 27, 2011 8:24 PM
To: 'Diana Lee'; 'Bill Bookout'
Cc: Doug.Lutz@pcbancorp.com
Subject: Bookout/PCB Mediation

 

Dear Bill and Diana:

I am writing this message to you at the conclusion of today’s mediation to confirm the things that the parties have agreed to over the next 16 days:

1.      By May 6, 2011, PCB will provide to Bill a schedule that lists the application of the payments that he made from and after July 1, 2007 and a loan amortization that shows how payments were anticipated to be applied from July 1, 2007 to the end of the term of the loan.

2.      Between now and May 13, 2011, Bill will cooperate with an inspection by PCB (and its agents) of each of the two properties (1341 Paso Robles Street, Oceano, and 470 Price Street, Pismo Beach) on a date selected by PCB yet giving Bill at least 3 days notice of the date.  PCB will pay for the inspections. 

3.      PCB will not record a Notice of Sale or a new Notice of Default until May 13, 2011 at the earliest.

4.      Bill will not add content about PCB to any websites, and will not send any emails or other communications related to PCB until May 13, 2011 at the earliest, except that Bill may email to Diana Lee and may consult with attorneys in an effort to secure legal counsel.

5.      I will stay in touch with both of you as we continue to explore a possible settlement.

Best regards,

Lol Sorensen

www.rsmediate.com
690 Oak Grove Court
Ojai, CA 93023
lol@rsmediate.com
(805) 649-1389 (phone)
(805) 689-6654 (cell)
(866) 423-9058 (fax)   

 
**************************************************************
This message is sent by an attorney-mediator and may contain information that is privileged or confidential.
If you received this transmission in error, please notify the sender by reply e-mail and delete the message
and any attachments.


From: Diana Lee [mailto:dlee@rppmh.com]
Sent: Friday, March 25, 2011 3:55 PM
To: Bill Bookout
Subject: RE: Santa Barbara Bank & Trust, Pacific Capital Bancorp---Bank Fraud and Breach of Contract since 2007!

 

Dear Mr. Bookout,

 

Your email below is inaccurate.  In our conversation this afternoon, you called my attention to the typographical error in my March 22, 2011 email which contained a 2012 year rather than 2011.  You and I acknowledged that the conversations upon which that email was based, as well as the other emails we have exchanged specified that your web sites and You Tube sites needed to go dark on March 23, 2011, not March 23, 2012. 

 

As I stated in our conversation, the bank is willing to go to mediation with you on April 7, the date you requested, and has arranged for Lol Sorensen, the mediator you selected, to serve as the mediator.  The bank has also agreed that you need not pay any mediation fees upfront, and that the topic of how the mediation fees are paid will be addressed at the mediation.  The bank also agreed to toll the running of time under your Notice of Default, all conditioned on you agreeing to cease all communications, except with me, regarding this dispute, including causing your webs sites and your You Tube site to go dark until the mediation.  You told me that you would not agree to cause your web sites to temporarily go dark pending the mediation. 

 

Accordingly, you have declined the bank's generous offer and there is nothing further I can do for you.  This file will be returned to Mr. Lazar, and you should direct all further communications to him.

 

Sincerely,

 

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: Diana Lee [mailto:dlee@rppmh.com]
Sent: Wednesday, March 23, 2011 5:51 PM
To: Bill Bookout
Subject: RE: SBA Bank Fraud---Office of the Comptroller of the Currency Case # 01394465 -Amortization Schedule

 

Dear Mr. Bookout,

 

I contacted Mr. Sorensen's office, and obtained the following dates on which he is available:  April 7, 8, 18 or 19.  I must check with my client to see what days she is available.  Are any of these days convinient for you?

 

I just checked your web sites and they are still up.  I'm not sure if you do not intend to cause your sites to go dark as I specified, or if you have delayed because you believe I need to read the material on your sites.  In hope that it is the later, I will have my assistant print out everything on your sites first thing in the morning, and then I expect you to cause them to go dark by 10:00 a.m.  Otherwise, we do not have an agreement, and there will not be a tolling of the time accruing under your Notice of Default.  The complete cessation of all postings was an important part of the bank's agreement to freeze the accrual of time under your Notice of Default, and if your web sites and You Tube postings are going continue, then there is no agreement to freeze the accrual of time under the Notice of Default. 

 

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

 

Mr. Bookout:

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

UNPAID PAYMENTS

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

Jan-Dec 2010                                            $49,452.72

                                  Total:                                $87,253.81

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

Appraisal Fees                                          $4,050.00

Legal Fees                                              $50.00

UCC Search Fees                                         $15.50

                Amount shown on NOD                             $96,228.27     

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

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

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

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

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

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

Toll Free:     877.272.3734
Mobile:        619.823.7375

Fax:            877.227.0150
email:          glazar@foxjohns.com

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


From: Bill Bookout [mailto:Pismobeachdiveshop@charter.net]
Sent: Thursday, October 18, 2012 1:00 PM
To: 'carlos.mendoza@sba.gov'
Cc: 'Ryner, Leanne M.'; 'Babcock, Lisa J.'; 'Butcher-Sumner, Blossom V.'; 'Bob Johnston'; 'kari.overson@sba.gov'; 'Kaplan, Adam D.(Off. Inspector Gen.)'; 'Richard Rossi'; 'Chris Gautschi'; 'ombudsman@fdic.gov'; 'SBA National Ombudsman'; 'OIGHotline@sba.gov'; 'legal@fdic.gov'
Subject: FW: Loan #30273 Amortization Schedule as of 10-10-12

 

October 18, 2012

                                                    Karen G. Mills

CARLOS G. MENDOZA                 US Small Business Administration

District Director                              409 3rd St, SW

Central California/ Fresno                Washington DC 20416

Small Business Administration        

559/487-5785, Ext 2710                    

 

Dear Mr. Carlos Mendoza and Karen G. Mills

 

Below is the response from Westdale Capital about their Balloon Payment coming do on the 470 Price Street property in Pismo Beach.  Can you explain as to why the SBA did not refinance the 470 Price street property Balloon Payment with the 2003 SBA PLP loan # 6641964009 ??  Attached is an amortization schedule, showing this balloon payment coming do in March 2017!

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

Sincerely

 

Bill Bookout

Pismo Beach Surf Shop

 

CC Karen G. Mills

CC Leanne M. Ryner

CC Richard Rossi

CC Chris Gautschi

CC Judge Robin L. Riblet

CC Elizabeth F. Rojas Chapter 13 Trustee


From: Bill Bookout [mailto:Pismobeachdiveshop@charter.net]
Sent: Thursday, October 11, 2012 1:59 PM
To: 'Ryner, Leanne M.'
Cc: 'carlos.mendoza@sba.gov'; 'Kaplan, Adam D.(Off. Inspector Gen.)'; 'kari.overson@sba.gov'; 'terrencehetherington@sba.gov'
Subject: FW: Loan #30273 Amortization Schedule as of 10-10-12

 

October 11, 2012

 

Leanne M. Ryner
Paralegal Specialist
Fresno District Office
Phone: (559) 487-5791 ext 2707
Desktop Fax: (202) 481-4073
leanne.ryner@sba.gov

 

Dear Mrs. Leanne M. Ryner,

 

Below is the response from Westdale Capital about their Balloon Payment coming do on the 470 Price Street property in Pismo Beach.  Can you have Carlos Mendoza or the SBA explain as to why the SBA did not refinance the 470 Price street property Balloon Payment with the 2003 SBA PLP loan # 6641964009 ??

 

Does the SBA not payoff balloon payments on their SBA Loans?

 

Sincerely

 

Bill Bookout


From: Bob Johnston [mailto:Bobj@westdalecapital.com]
Sent: Thursday, October 11, 2012 7:37 AM
To: Bill Bookout (pismobeachdiveshop@charter.net)
Cc: Bob Johnston
Subject: Loan #30273 Amortization Schedule as of 10-10-12

 

Bill,

Attached hereto is the Amortization Schedule for the 1st lien debt on 470 Price Street, Pismo Beach, CA.  As you will note, Assuming monthly payments in the constant amount due are submitted timely, and received on the exact date that each such payment is due,  when your Loan #30273 Matures on March 15, 2017 there will be a Balloon Balance Owing, including interest through 3/15/17, of $201,623.36.

 

As we have discussed, an Amortization Schedule may not be an exact representation of what will happen as payment receipt on a date, and/or in an amount, different than scheduled will cause changes in payment applications to either Interest or Principal thus perhaps alter the Principal Balance(s) owing as of any future date.

 

Bob Johnston

Asset Manager

Westdale Capital, Ltd.

3100 Monticello, Suite 600

Dallas, Texas  75205  

Direct Phone: 972-201-3465

Main Phone: 972-201-3460 x 3465

E-Mail: bobj@westdalecapital.com

 


From: Bill Bookout [mailto:pismobeachsurfshop@charter.net]
Sent: Tuesday, October 09, 2012 2:06 PM
To: 'Bob Johnston'
Cc: 'Ryner, Leanne M.'; 'carlos.mendoza@sba.gov'; 'legal@fdic.gov'; 'SBA National Ombudsman'; 'ombudsman@fdic.gov'; 'carlos.mendoza@sba.gov'; 'Kaplan, Adam D.(Off. Inspector Gen.)'; 'kari.overson@sba.gov'; 'Babcock, Lisa J.'; 'Butcher-Sumner, Blossom V.'; 'terrencehetherington@sba.gov'; 'Ashker, Terrill K.'
Subject: FW: SBA PLP Loan # 6641964009

 

October 9, 2012

 

Bob Johnson

Asset Manager

Westdale Capital, Ltd.

3100 Monticello, Suite 600

Dallas, Texas  75205  

 

Dear Mr. Bob Johnson

 

Does Westdale Capital, Ltd. Have a (Balloon Payment) coming do on the 470 Price Street property in Pismo Beach?  Please respond and copy the SBA attached above!  If so please provide the date of this balloon payment.   Is Westdale Capital, Ltd. in the first position or second position on the 470 Price Street property?

 

Have you reviewed the correspondence with Elizabeth F. Rojas on August 21, 2012 in showing the actions by Santa Barbara Bank & Trust, involving the SBA?

 

Sincerely

 

Bill Bookout

 


From: Bill Bookout [mailto:pismobeachsurfshop@charter.net]
Sent: Monday, September 17, 2012 2:26 PM
To: 'Bob Johnston'
Cc: 'Ryner, Leanne M.'; 'carlos.mendoza@sba.gov'; 'Richard Rossi'; 'Chris Gautschi'; 'legal@fdic.gov'; 'SBA National Ombudsman'; 'ombudsman@fdic.gov'; 'carlos.mendoza@sba.gov'; 'Kaplan, Adam D.(Off. Inspector Gen.)'; 'kari.overson@sba.gov'; 'Babcock, Lisa J.'; 'Butcher-Sumner, Blossom V.'; 'dvallely@co.slo.ca.us'; 'terrencehetherington@sba.gov'; 'Ashker, Terrill K.'
Subject: FW: SBA PLP Loan # 6641964009

 

September 17, 2012

 

Bob Johnson

Asset Manager

Westdale Capital, Ltd.

3100 Monticello, Suite 600

Dallas, Texas  75205  

 

Dear Mr. Bob Johnson

 

Thank you for your E-Mail on August 21, 2012 below.  Please review the correspondence with the U. S. Small Business Administration below and their FOIA documents requested of the U. S. Small Business Administration.

 

Phase 1 environmental Site Assessment (470 Price St.)

05/17/2011

85

Withheld

Ex. 4 & Ex. 5

The Standard Environmental Risk Information (470 Price St.)

05/02/2011

53

Withheld

Ex. 4 & Ex. 5

 

Can you help in obtaining the two SBA (FOIA) requests on the 470 Price Street Property---Phase 1 Documents, on the Pismo Beach 470 Price Street property as requested of the U. S. Small Business Administration? 

 

In regards to paying off the 470 Price Street property; please review the top of the website www.sbbtfraud.com to view the SBA PLP Loan # 664-196-4009 Authorization.  The U. S. Small Business Administration attached above will need to answer, as to why they have changed the 8/27/2003 (Loan Committee Presentation Report without doing a Phase 1 on the 470 Price Street property! The U. S. Small Business Administration attached above will need to answer, as to why they have changed the August 20, 2003 (SBA Loan Analysis Presentation) using the 1921 Cienega Property instead of the 470 property?  These documents are seen at www.sbbtfraud.com

 

Please review the Santa Barbara Bank & Trust falsified 2007 470 Price Street Phase 1 at www.sbaplploans.com It is important for the SBA to now provide the May 17, 2011 Phase 1 to myself and Westdale Capital, Ltd.  I appreciate Westdale Capitals statement “I know there are issues to be overcome in a search for refinancing but keep in mind that a possible settlement at less than fully owed may still be considered.”

 

It is now time for the U. S. Small Business Administration to provide the FOIA documents as seen below and answer SBA loan questions as seen at www.sbaplploans.com

 

Sincerely

 

Bill Bookout

 

CC Judge Robin L. Riblet

CC Karen G. Mills

CC Richard Rossi

CC Chris Gautschi

CC Sharon Gilstrap (Comptroller of the Currency Administrator of National Banks)

CC SBA National Ombudsman and FDIC Ombudsman

CC President Barack Obama

 

 


From: Bob Johnston [mailto:Bobj@westdalecapital.com]
Sent: Tuesday, August 21, 2012 9:24 AM
To: Bill Bookout (pismobeachdiveshop@charter.net)
Cc: Bob Johnston
Subject: Just Touching Base

 

Bill,

Haven’t had communications with you for a while so thought I’d see how things were going for you? Do you still have your Price Street property on the market?

 

We are doing OK, with a few settlements occurring each month and with most of our borrowers, similar to you, paying their debt service timely. 

 

I know there are issues to be overcome in a search for refinancing but keep in mind that a possible settlement at less than fully owed may still be considered. The closer we get to maturity, the less inclined we are to discuss settlement, but we are certainly open to discussions on that avenue of resolution at this time.  

 

Bob Johnston

Asset Manager

Westdale Capital, Ltd.

3100 Monticello, Suite 600

Dallas, Texas  75205  

Direct Phone: 972-201-3465

Main Phone: 972-201-3460 x 3465

E-Mail: bobj@westdalecapital.com

 

 


From: Bill Bookout [mailto:pismobeachsurfshop@charter.net]
Sent: Tuesday, September 11, 2012 1:22 PM
To: 'Ryner, Leanne M.'
Cc: 'carlos.mendoza@sba.gov'; 'Richard Rossi'; 'Chris Gautschi'; 'Daniel Hilford'; 'legal@fdic.gov'; 'SBA National Ombudsman'; 'ombudsman@fdic.gov'; 'carlos.mendoza@sba.gov'; 'Kaplan, Adam D.(Off. Inspector Gen.)'; 'kari.overson@sba.gov'; 'Babcock, Lisa J.'; 'Butcher-Sumner, Blossom V.'; 'dvallely@co.slo.ca.us'; 'terrencehetherington@sba.gov'; 'Ashker, Terrill K.'
Subject: FW: SBA PLP Loan # 6641964009

 

September 11, 2012

 

Leanne M. Ryner
Paralegal Specialist
Fresno District Office
Phone: (559) 487-5791 ext 2707
Desktop Fax: (202) 481-4073
leanne.ryner@sba.gov

 

Dear Mrs. Leanne M. Ryner,

 

Thank you for your September 10, 2012 response as seen below, per my FOIA request! 

 

Please see that the Fresno SBA District Office (Carlos Mendoza U.S. Small Business Administration, Central California/ Fresno Small Business Administration) answers the questions asked below of Karen G. Mills/SBA/FOIA/ President Barack Obama and Cheif, Freedom of Information/Privacy Acts Office, Small Business Administration,

 

Santa Barbara Bank & Trusts --SBA PLP loan # 6641964009 actions are seen above in documents as presented to Judge Robin L. Riblet.  Please see that the Fresno SBA District Office immediately provides a full accounting of the SBA PLP loan # 6641964009 balance changes by Santa Barbara Bank & Trust during Bankruptcy!  This is a full SBA loan accounting going back to the 2007 forbearance and workout agreement, against the August 29, 2011 SBA Form 1149 attached!

 

Date

Description

Category

Debit

Credit

Balance

11/4/2011

EFF 11/03/2011

 

 

$4,121.06

$390,996.91

10/11/2011

Regular Payment

 

 

$4,121.06

$390,996.91

9/16/2011

Automatic

 

$206.05

 

$390,996.91

 

I have attached Santa Barbara Bank & Trust online accounting during Bankruptcy and payments received by SBBT during bankruptcy.  Please note the response attached below from SBBT in the November 23, 2011 email from SBBT is against the August 29, 2011 SBA Form 1149 as presented to the SBA by Santa Barbara Bank & Trust!

 

Sincerely

 

Bill Bookout

 

CC Judge Robin L. Riblet

CC Karen G. Mills

CC Richard Rossi

CC Chris Gautschi

CC Dan Hilford

CC Sharon Gilstrap (Comptroller of the Currency Administrator of National Banks)

CC SBA National Ombudsman and FDIC Ombudsman

CC President Barack Obama

 


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.

 

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: Ryner, Leanne M. [mailto:Leanne.Ryner@sba.gov]
Sent: Monday, September 10, 2012 10:01 AM
To: pismobeachsurfshop@charter.net
Cc: Mendoza, Carlos G.; Ashker, Terrill K.
Subject: RE: Request from NDC Website
Importance: High

 

Mr. Bookout:

 

Your FOIA request was received by this office on September 4, 2012.  Your loan, Oceano Nursery, SBA loan PLP 6641964009, is serviced by our National Guaranty Purchase Center in Herndon, Virginia.  Therefore, your request has been referred to the National Guaranty Purchase Center for processing.

 

U. S. Small Business Administration

National Guaranty Purchase Center

1141 Herndon Parkway, Suite 900

Herndon, VA  20170

Phone: 703-487-9283

 

Should you have any questions, please contact the National Guaranty Purchase Center.  Thank you.

Leanne M. Ryner
Paralegal Specialist
Fresno District Office
Phone: (559) 487-5791 ext 2707
Desktop Fax: (202) 481-4073
leanne.ryner@sba.gov
NOTE:  If an email is returned to you due to file attachment size, please upload the file to the web site SBA has established delivery of large files at:

http://www.sendthisfile.com/sendthisfile/custom.jsp?sendthisfilecode=FXgBuj3iSOm5UBLsi23klPS7

 


From: Bill Bookout [mailto:pismobeachsurfshop@charter.net]
Sent: Tuesday, September 11, 2012 8:53 AM
To: 'Butcher-Sumner, Blossom V.'
Cc: 'carlos.mendoza@sba.gov'; 'Richard Rossi'; 'Chris Gautschi'; 'Daniel Hilford'; 'legal@fdic.gov'; 'SBA National Ombudsman'; 'ombudsman@fdic.gov'; 'carlos.mendoza@sba.gov'; 'Kaplan, Adam D.(Off. Inspector Gen.)'; 'kari.overson@sba.gov'; 'Babcock, Lisa J.'; 'Butcher-Sumner, Blossom V.'; 'dvallely@co.slo.ca.us'; 'terrencehetherington@sba.gov'; 'Ashker, Terrill K.'
Subject: FW: Request from NDC Website

 

September 11, 2012

 

Cheif, Freedom of Information/Privacy Acts Office, Small Business Administration,

409 Third Street, SW,

Washington, DC 20416.

 

Karen G. Mills/SBA/FOIA/ President Barack Obama

 

I am again requesting for copies of any and all Documents listed below by the Small Business Administration and withheld by the U.S. Small Business Administration.  I am appealing the September 10, 2012 response above from Blossom V. Butcher-Sumner Attorney-Advisor U.S. Small Business Administration National Guaranty Purchase Center.  

 

Please provide any and all Liquidation Reports and property Appraisals in the possession of the SBA as listed below by the United States Small Business Administration.  Please explain as to what the Small Business Administration and Santa Barbara Bank & Trust has done with the Oceano Nursery inventory?

 

Liquidation report

08/29/2011

3

Withheld

Ex. 4 & Ex. 5

 

 

Liquidation report

04/07/2011

3

Withheld

Ex. 4 & Ex. 5

Cheif, Freedom of Information/Privacy Acts Office, Small Business Administration , Please provide the Appraisal reports on the 1341 Paso Robles Property and the 470 Price Street Property!

 

Appraisal Report (1341 Paso Robles St.)

08/17/2010

64

Withheld

Ex. 4 & Ex. 5

Letter from Rob Ely to Appraiser

07/16/2010

6

Withheld

Ex. 4 & Ex. 5

 

 

I ask that the Small Business Administration. Please provide a full (itemized) accounting of the Santa Barbara Bank & Trust Attorney Fees charged by Santa Barbara Bank & Trust per their Page 9 of Doc 49 dated 3/30/2012.  Santa Barbara Bank & Trust had until June 24, 2012 to provide this to the United States Bankruptcy Court.

 

Please have the SBA explain as to why Santa Barbara Bank & Trust has been allowed to falsely their claim to Judge Robin L. Riblet, per Page 2 on Doc 49 dated 3/30/2012 that Santa Barbara Bank & Trust paid principal on the five payments in 2007 totaling $22,274.46 against the SBBT 2007 IRS 1098 Form Attached?  Attached  is a June 30, 2011 Comptroller of the Currency Administrator of National Banks letter; showing what Santa Barbara Bank & Trust had claimed to the OCC in 2011, different then what was provided to Judge Robin L. Riblet; SBBT admitting that the $22,274.46 was applied only towards interest totaling $54,922.70.  Please note that SBBT claimed to the OCC per the June 30, 2011 OCC letter, that the $22,274.46 in five payments was all used for past interest and not applied to principal as claimed to Judge Robin L. Riblet.  In the July 16, 2008 Comptroller of the Currency Administrator of National Banks letter attached; SBBT had claimed the $22,274.46 had been applied towards Principal and interest.  I am asking from the Bankruptcy Court for a full accounting of this SBA loan by Santa Barbara Bank & Trust!

 

Attached is the Santa Barbara Bank & Trust August 29, 2011 SBA Form 1149 as provided by Richard Rossi to Judge Robin L. Riblet.  Santa Barbara Bank & Trust does not pay Principal in the five payments as claimed by Karen L. Grant in her March 29, 2012 Doc 49 dated 3/30/2012 to Judge Robin L. Riblet.  Please have the SBA, explain and provide a full accounting as to how Santa Barbara Bank & Trust has claimed in their Doc 24-1 filed 1/11/12 arrearages of $131,324.00 with not properly amortizing the Oceano Nursery SBA PLP # 6641964009 loan as seen in the June 30, 2011 Comptroller of the Currency Administrator of National Banks letter attached and the August 29, 2011 SBA Form 1149 Attached?

 

Karen L. Grant in her March 29, 2012 Doc 49 P. 3 dated 3/30/2012 to Judge Robin L. Riblet claims (“unsubstantiated clams that SBBT had committed fraud in relation to the loan and the forbearance agreement.”) Karen L. Grant then goes on with a restraining order filed for asking banking questions of Santa Barbara Bank & Trust.  Please have the SBA pay close attention to the July 16, 2008 and June 30, 2011 Comptroller of the Currency Administrator of National Banks letters and the May 19, 2011 SBBT accounting by Diana Jessup Lee attached.  I am asking for a full accounting of the Oceano Nursery SBA loan from the Small Business Administration and Santa Barbara Bank & Trust from the 2007 forbearance and workout agreement as mentioned by Karen L. Grant.

 

Small Business Administration, Please explain as to how Santa Barbara Bank & Trust can charge $26,500.00 as a standard SBBT Bank Foreclosure fee on P. 7 of Doc 49 dated 3/30/2012 to Judge Robin L. Riblet?  Why would my creditors not be paid with this money?

 

Small Business Administration, Please explain as to how Santa Barbara Bank & Trust can charge $39,750.00 for demolition and repair, on P. 7 of Doc 49 dated 3/30/2012 to Judge Robin L. Riblet? Why would my creditors not be paid with this money?

 

On P. 2 of Doc 49 dated 3/30/2012 to Judge Robin L. Riblet.  Santa Barbara Bank & Trust shows that they had entered into a forbearance agreement in 2007, (“to resolve the default, which at that time totaled fifteen (15 months in principal and interest payments due under the Note.”)  Attached is a May 15, 2007 signed agreement and then a May 17, 2007 fax reneging on the May 15, 2007 agreement, leading to the closure of Oceano Nursery as seen in the June 6, 2007 letter to SBBT legal council.

 

Small Business Administration, Please explain as to how Santa Barbara Bank & Trust can charge $45,171.20 on P. 2 of Doc 49 dated 3/30/2012 to Judge Robin L. Riblet?  Explain as to why Santa Barbara Bank & Trust has been allowed to add unpaid principal into their SBA loan Amortization?  How is this legal for Santa Barbara Bank & Trust to ad more money onto an SBA loan by their claim on P. 2 of Doc 49 dated 3/30/2012 to Judge Robin L. Riblet?  Attached is a May 19, 2011 Santa Barbara Bank & Trust Accounting, showing SBBT falsifying a Notice of Default per their IRS 1098 Forms attached!  On Page 2 SBBT does not apply Principal per the 5 payments totaling $22,274.46 and then over amortizes the SBA loan by claiming $465,195.50 owed compared to the  June 30, 2011 Comptroller of the Currency Administrator of National Banks letter attached!  How is this legal?

 

Small Business Administration, Attached are Santa Barbara Bank & Trust IRS 1098 Forms from 2007-2010.  In the 2007 1098 Form; please explain as to how Santa Barbara Bank & Trust, can claim to the IRS that they received $53,358.70 in interest and then falsify this information to Judge Robin L. Riblet?  Notice in the December 31, 2010 IRS 1098 Form that SBBT claimed a principal ending balance of $390,996.91.  Why has the United States Bankruptcy Court allowed Santa Barbara Bank & Trust to add $9,965.98 to my SBA loan after SBBT admitting to monthly over charging my SBA loan since 2007.  How is this legal in the United States Bankruptcy Court?  Santa Barbara Bank & Trust, monthly payments from 2007 to filing Bankruptcy was $4,121.06 per month as seen in the SBBT IRS 1098 Forms attached and their November 7, 2011 online accounting attached. What has Santa Barbara Bank & Trust done with the money overcharged with my SBA Loan? The SBA (Adam Kaplan Office of Inspector General, Kari Overson Office of Inspector General, Terrill K. Ashker, Carlos Mendoza,) are fully aware of the fraudulent actions by Santa Barbara Bank & Trust.  I am asking for a current SBA Form 1149 accounting from Santa Barbara Bank & Trust.

 

Please explain as to why Santa Barbara Bank & Trust has been allowed to not properly amortize the Oceano Nursery SBA loan as seen on P. 3 of Doc 49 dated 3/30/2012 to Judge Robin L. Riblet?  I am requesting for the $7,500.00 in Attorney Fees paid to Richard Rossi be immediately paid by Santa Barbara Bank & Trust along with Mr. Rossi now claimed $30,00.00 in Attorney fees?

 

Again, Please provide any and all Liquidation Reports and property Appraisals in the possession of the SBA as listed below by the United States Small Business Administration.

 

Sincerely

 

Bill Bookout

 

 

Liquidation report

08/29/2011

3

Withheld

Ex. 4 & Ex. 5

 

 

Liquidation report

04/07/2011

3

Withheld

Ex. 4 & Ex. 5

 

 

Appraisal Report (1341 Paso Robles St.)

08/17/2010

64

Withheld

Ex. 4 & Ex. 5

Letter from Rob Ely to Appraiser

07/16/2010

6

Withheld

Ex. 4 & Ex. 5

 

 

 

Description of Document

Date

No. of pages

Disclosure Status

United States Small Business Administration Loan Authorization

08/29/2003

10

Released

Notice of Default and Election to Sell under Deed of Trust

02/09/2007

4

Released

Notice of Default and Election to Sell under Deed of Trust

02/09/2007

4

Released

Change in Terms Agreement

02/05/2005

7

Released

U.S. Small Business Administration Lender’s application for Guaranty or Participation

08/28/2003

1

Released

 

Disbursement Request and Authorization

02/05/2005

1

Released

U.S. Small Business Administration Application for Business Loan

08/27/2003

4

Released

United States Small Business Administration Note

10/06/2003

7

Released

Commercial  Security Agreement

10/06/2003

6

Released

Deed of Trust (1341 Paso Robles St.)

10/06/2003

10

Released

Deed of Trust (470 Price St.)

10/06/2003

12

Released

Deed of Trust (631 Lake St.)

06/27/2007

11

Released

Subordination Agreement

06/29/2005

4

Released

Straight Note

07/01/2005

1

Released

Forbearance and Workout Agreement

06/30/2007

12

Released

Disbursement Request and Authorization

10/06/2003

8

Released

Environmental Questionnaire, Indemnification and Disclosure Statement (1341 Paso Robles St.)

7/29/2003

5

Released

 

Environmental Questionnaire, Indemnification and Disclosure Statement (470 Price St.)

10/06/2003

5

Released

Letter from Sandra Sheffield to U.S. Small Business Administration

08/29/2011

1

Released

Eligibility  Information Required for PLP Submission

08/28/2011

7

Released

Letter from Rosa Walton to Clay Appleton

08/29/2003

1

Released

Lender Checklist for Submitting PLP Loan Requests

08/28/2003

1

Released

Supplemental Information for PLP/SBA Express processing

Undated

1

Released

UCC financing statement

10/17/2003

4

Released

UCC financing statement

10/24/2003

4

Released

Post default UCC search

06/03/2010

1

Released

UCC searches 

10/24/2003

10

Released

Title policy (470 Price St. & 1341 Paso Robles St.)

10/10/2003

14

Released

Title policy (631 Lake St.)

07/06/2007

16

Released

Hud Settlement Statement

07/22/2005

3

Released

Letter from Bonnie Espinoza to First Bank of  San Luis Obispo

07/22/2005

2

Released

Substitution of Trustee and Full Reconveyance

05/22/2009

1

Released

Disbursement Request and Authorization

Undated

1

Released

U.S Small Business Administration Settlement Sheets with attachments

10/14/2003

10

Released

U.S Small Business Administration Lender’s Transcript of Account

08/29/2011

3

Released

Tax Return Listing for Tax year 2000

12/31/2000

2

Released

Tax Return Listing for Tax year 2001

12/31/2001

2

Released

IRS Form 2688 Tax Year 2002

2002

1

Released

Appraisal Report

09/25/2003

20

Withheld

Ex. 4 & Ex. 5

Preliminary Report (1341 Paso Robles St.)

08/28/2003

6

Released

Appraisal Report (1341 Paso Robles St.)

07/02/2007

47

Withheld

Ex. 4 & Ex. 5

 

Letter from Sandra Sheffield to Appraiser

05/27/2007

7

Withheld

Ex. 4 & Ex. 5

Trustee Sale Guarantee

02/09/2007

9

Released

Phase 1 environmental Site Assessment (1341 Paso Robles St.)

06/13/2007

82

Withheld

Ex. 4 & Ex. 5

Letter from Clayton Hall to M. Scott Radovich with attachments

07/18/2006

16

Withheld

Ex. 5

Appraisal Report (1341 Paso Robles St.)

08/17/2010

64

Withheld

Ex. 4 & Ex. 5

Letter from Rob Ely to Appraiser

07/16/2010

6

Withheld

Ex. 4 & Ex. 5

Letter from Debbie LeSieur to Sandra Sheffield with Attachments

01/18/2011

4

Released

Notice of Rescission (1341 Paso Robles St.)

07/29/2008

2

Released

Appraisal Report (470 Price St.)

02/06/2002

55

Withheld

Ex. 4 & Ex. 5

Appraisal report (470 Price St.)

06/29/2007

27

Withheld

Ex. 4 & Ex. 5

Liquidation report

04/07/2011

3

Withheld

Ex. 4 & Ex. 5

Trustee Sale Guarantee

02/09/2007

9

Released

Letter from Pacific Capital Bank to Appraiser

05/25/2007

7

Withheld

Ex. 4 & Ex. 5

Appraisal report (470 Price St.)

08/19/2010

31

Withheld

Ex. 4 & Ex. 5

Letter from Rob Ely to Appraiser

07/16/2010

7

Withheld

Ex. 5

Letter from Debbie LeSieur to Sandra Sheffield with Attachments

01/18/2011

3

Released

Notice of Rescission (470 Price St.)

07/29/2008

2

Released

Email from Debbie  Lesieur to Cherie Valencia

01/18/2011

1

Withheld

Ex. 5

Appraisal report (631 Lake St.)

07/11/2010

19

Withheld

Ex. 4 & Ex. 5

Notice of Trustee’s Sale (631 Lake St.)

12/16/2010

2

Released

Substitution of Trustee

09/14/2010

2

Released

Personal property appraisal

06/28/2007

21

Withheld

Ex. 4 & Ex. 5

Site visit

02/13/2006

12

Withheld

Ex. 4 & Ex. 5

Site visit

08/21/2003

9

Withheld

Ex. 4 & Ex. 5

Liquidation report

08/29/2011

3

Withheld

Ex. 4 & Ex. 5

Risk Management Database Form

Undated

1

Withheld

Ex. 4 & Ex. 5

SBA Wire Transfer Form

Undated

1

Withheld

Ex. 5

Phase 1 environmental Site Assessment (1341 Paso Robles St.)

06/06/2011

74

Withheld

Ex. 4 & Ex. 5

The Standard Environmental Risk Information (1341 Paso Robles St.)

05/02/2011

37

Withheld

Ex. 4 & Ex. 5

The Standard Environmental Risk Information (1341 Paso Robles St.)

05/30/2007

11

Withheld

Ex. 4 & Ex. 5

Phase 1 environmental Site Assessment (470 Price St.)

05/17/2011

85

Withheld

Ex. 4 & Ex. 5

The Standard Environmental Risk Information (470 Price St.)

05/02/2011

53

Withheld

Ex. 4 & Ex. 5

The EDR Chain of Title report

05/31/2011

14

Withheld

Ex. 4 & Ex. 5

The EDR Environmental Lien Search

05/31/2011

28

Withheld

Ex. 4 & Ex. 5

Phase 1 environmental Site Assessment (470 Price St.)

06/13/2007

41

Withheld

Ex. 4 & Ex. 5

The Standard Environmental Risk Information (470 Price St.)

05/30/2007

72

Withheld

Ex. 4 & Ex. 5

The Standard Environmental Risk Information (470 Price St.)

05/31/2007

14

Withheld

Ex. 4 & Ex. 5

Compensation Agreement for Services in Connection with Application and Loan from (or in participation with) Small Business Administration.

08/27/2003

1

Released

Credit Report

12/07/2010

6

Released

U.S. Small Business Administration Schedule of Collateral

Undated

1

Released

 

Email from Sandra Sheffield to Joyce Jackson

02/004/2009

2

Withheld

Ex. 5

Letter from Sandra Sheffield to Terry Hetherington  with attachments

10/23/2008

52

Withheld

Ex. 5

Letter from Sandra Sheffield to U.S. Small Business Administration

09/30/2008

1

Released

Email from SBA Loan Resolution to Sandra Sheffield

10/06/2008

1

Released

Letter from James Hade to U.S. Small Business Administration

11/18/2005

1

Released

Letter from Raymond Ornelas to James Hade

11/22/2005

1

Released.

 

 

Sincerely

 

Bill Bookout

 

CC Judge Robin L. Riblet

CC Karen G. Mills

CC Richard Rossi

CC Chris Gautschi

CC Dan Hilford

CC Sharon Gilstrap (Comptroller of the Currency Administrator of National Banks)

CC SBA National Ombudsman and FDIC Ombudsman

CC President Barack Obama

 


From: Butcher-Sumner, Blossom V. [mailto:Butcher-Sumner.Blossom@sba.gov]
Sent: Tuesday, September 11, 2012 6:29 AM
To: Pismobeachdiveshop@charter.net
Cc: Butcher-Sumner, Blossom V.; Ryner, Leanne M.
Subject: FOIA # 2012-03504 (No responsive Documents)

 

Dear Mr. Bookout,

 

Attached is correspondence regarding your recent FOIA request.

 

 

Blossom V. Butcher-Sumner
Attorney-Advisor
U.S. Small Business Administration
National Guaranty Purchase Center
1145 Herndon Parkway
Herndon, VA 20170
(703) 487-9550 (Direct Dial)
(202) 741-6920 (Fax)
Butcher-Sumner.Blossom@sba.gov

 


From: Bill Bookout [mailto:pismobeachsurfshop@charter.net]
Sent: Monday, September 03, 2012 6:18 PM
To: 'carlos.mendoza@sba.gov'
Cc: 'Richard Rossi'; 'Chris Gautschi'; 'Daniel Hilford'; 'legal@fdic.gov'; 'SBA National Ombudsman'; 'ombudsman@fdic.gov'; 'carlos.mendoza@sba.gov'; 'Kaplan, Adam D.(Off. Inspector Gen.)'; 'kari.overson@sba.gov'; 'Babcock, Lisa J.'; 'Butcher-Sumner, Blossom V.'; 'dvallely@co.slo.ca.us'; 'terrencehetherington@sba.gov'; 'Ashker, Terrill K.'
Subject: RE: Request from NDC Website

 

September 3, 2012

 

Carlos Mendoza

U.S. Small Business Administration,

Central California/ Fresno                

Small Business Administration        

559/487-5785, Ext 2710                        

 

Dear Mr. Carlos Mendoza,

 

Please provide an update from the SBA in regards to the Oceano Nursery SBA PLP loan attached below!  Please provide all prior communication to Karen G. Mills Administrator of the Small Business Administration.

 

I am officially making a FOIA request of the SBA for any and all prior FOIA documents withheld by the SBA and am making a New FOIA request of any and all documents and communication from Santa Barbara Bank & Trust since having to file Bankruptcy  in regards to the Oceano Nursery SBA loan PLP 664-196-4009.

 

Please see that Karen G. Mills Administrator of the Small Business Administration and the SBA also answer the questions of Mrs. Elizabeth F. Rojas of the United States Bankruptcy Court below on August 21, 2012!

 

Sincerely

 

Bill Bookout

 

CC Judge Robin L. Riblet

CC Karen G. Mills

CC Richard Rossi

CC Chris Gautschi

CC Dan Hilford

CC Sharon Gilstrap (Comptroller of the Currency Administrator of National Banks)

CC SBA National Ombudsman and FDIC Ombudsman

 


From: Bill Bookout [mailto:pismobeachsurfshop@charter.net]
Sent: Tuesday, August 21, 2012 9:04 AM
To: 'mary@13datacenter.com'
Cc: 'Richard Rossi'; 'Chris Gautschi'; 'Daniel Hilford'; 'legal@fdic.gov'; 'SBA National Ombudsman'; 'ombudsman@fdic.gov'; 'carlos.mendoza@sba.gov'; 'Kaplan, Adam D.(Off. Inspector Gen.)'; 'kari.overson@sba.gov'; 'Babcock, Lisa J.'; 'Butcher-Sumner, Blossom V.'; 'dvallely@co.slo.ca.us'; 'terrencehetherington@sba.gov'; 'Ashker, Terrill K.'; 'Taylor Tatman'
Subject: FW: Request from NDC Website

 

August 21, 2012

 

Elizabeth F. Rojas

Chapter 13 Trustee

15060 Ventura Blvd, Suite 240

Sherman Oaks, Ca 91403        Sent Via FAX # (818)-933-5755 and Certified Mail

 

Dear Mrs. Elizabeth F. Rojas

 

Attached is the August 20, 2012 Chapter 13 Trustee Payment of $1,682.00 ND11-15818-RR

 

Please provide a full (itemized) accounting of the Santa Barbara Bank & Trust Attorney Fees charged by Santa Barbara Bank & Trust per their Page 9 of Doc 49 dated 3/30/2012.  Santa Barbara Bank & Trust had until June 24, 2012 to provide this to the United States Bankruptcy Court. 

 

Mrs. Elizabeth F. Rojas, Why has the United States Bankruptcy Court allowed Santa Barbara Bank & Trust to charge $57,676.17 in Attorney fees for SBBT falsifying banking records in front of Judge Robin L. Riblet?  View the February 27, 2012 (Detailed Loan Billing Statement) Attached.  Why has the United States Bankruptcy Court not paid my creditors with this money?  Please pay close attention to the two (Comptroller of the Currency Administrator of National Banks) letters attached.

 

Please review the email to Richard Rossi on August 1, 2012 and his response on August 2, 2012.  Santa Barbara Bank & Trust with their false statements to Judge Robin L. Riblet will now Need to pay Mr. Richard Rossi Attorney Fees now claimed of $30,000.00 plus the $7,500.00 paid Mr. Rossi to fight Santa Barbara Bank & Trusts fraudulent actions since the 2007 forbearance and workout agreement. Please review the U.S. Small Business Administration emails below on July 16, 2012 and July 19, 2012.  The SBA (Adam Kaplan, Kari Overson, Terrill K. Ashker, Carlos Mendoza,) are fully aware of the fraudulent actions by Santa Barbara Bank & Trust.

 

Please explain as to why Santa Barbara Bank & Trust has been allowed to falsely their claim to Judge Robin L. Riblet, per Page 2 on Doc 49 dated 3/30/2012 that Santa Barbara Bank & Trust paid principal on the five payments in 2007 totaling $22,274.46 against the SBBT 2007 IRS 1098 Form Attached?  Attached  is a June 30, 2011 Comptroller of the Currency Administrator of National Banks letter; showing what Santa Barbara Bank & Trust had claimed to the OCC in 2011, different then what was provided to Judge Robin L. Riblet; SBBT admitting that the $22,274.46 was applied only towards interest totaling $54,922.70.  Please note that SBBT claimed to the OCC per the June 30, 2011 OCC letter, that the $22,274.46 in five payments was all used for past interest and not applied to principal as claimed to Judge Robin L. Riblet.  In the July 16, 2008 Comptroller of the Currency Administrator of National Banks letter attached; SBBT had claimed the $22,274.46 had been applied towards Principal and interest.  I am asking from the Bankruptcy Court for a full accounting of this SBA loan by Santa Barbara Bank & Trust!

 

Attached is the Santa Barbara Bank & Trust August 29, 2011 SBA Form 1149 as provided by Richard Rossi to Judge Robin L. Riblet.  Santa Barbara Bank & Trust does not pay Principal in the five payments as claimed by Karen L. Grant in her March 29, 2012 Doc 49 dated 3/30/2012 to Judge Robin L. Riblet.  Please explain and provide a full accounting as to how Santa Barbara Bank & Trust has claimed in their Doc 24-1 filed 1/11/12 arrearages of $131,324.00 with not properly amortizing the Oceano Nursery SBA loan as seen in the June 30, 2011 Comptroller of the Currency Administrator of National Banks letter attached and the August 29, 2011 SBA Form 1149 Attached?

 

Karen L. Grant in her March 29, 2012 Doc 49 P. 3 dated 3/30/2012 to Judge Robin L. Riblet claims (“unsubstantiated clams that SBBT had committed fraud in relation to the loan and the forbearance agreement.”) Karen L. Grant then goes on with a restraining order filed for asking banking questions of Santa Barbara Bank & Trust.  Please pay close attention to the July 16, 2008 and June 30, 2011 Comptroller of the Currency Administrator of National Banks letters and the May 19, 2011 SBBT accounting by Diana Jessup Lee attached.  I am asking for a full accounting of the Oceano Nursery SBA loan from Santa Barbara Bank & Trust from the 2007 forbearance and workout agreement as mentioned by Karen L. Grant.

 

Mrs. Elizabeth F. Rojas,  Please explain as to how Santa Barbara Bank & Trust can charge $26,500.00 as a standard SBBT Bank Foreclosure fee on P. 7 of Doc 49 dated 3/30/2012 to Judge Robin L. Riblet?  Why would my creditors not be paid with this money?

 

Mrs. Elizabeth F. Rojas,  Please explain as to how Santa Barbara Bank & Trust can charge $39,750.00 for demolition and repair, on P. 7 of Doc 49 dated 3/30/2012 to Judge Robin L. Riblet? Why would my creditors not be paid with this money?

 

On P. 2 of Doc 49 dated 3/30/2012 to Judge Robin L. Riblet.  Santa Barbara Bank & Trust shows that they had entered into a forbearance agreement in 2007, (“to resolve the default, which at that time totaled fifteen (15 months in principal and interest payments due under the Note.”)  Attached is a May 15, 2007 signed agreement and then a May 17, 2007 fax reneging on the May 15, 2007 agreement, leading to the closure of Oceano Nursery as seen in the June 6, 2007 letter to SBBT legal council.

 

Mrs. Elizabeth F. Rojas,  Please explain as to how Santa Barbara Bank & Trust can charge $45,171.20 on P. 2 of Doc 49 dated 3/30/2012 to Judge Robin L. Riblet?  Explain as to why Santa Barbara Bank & Trust has been allowed to add unpaid principal into their SBA loan Amortization?  How is this legal for Santa Barbara Bank & Trust to ad more money onto an SBA loan by their claim on P. 2 of Doc 49 dated 3/30/2012 to Judge Robin L. Riblet?  Attached is a May 19, 2011 Santa Barbara Bank & Trust Accounting, showing SBBT falsifying a Notice of Default per their IRS 1098 Forms attached!  On Page 2 SBBT does not apply Principal per the 5 payments totaling $22,274.46 and then over amortizes the SBA loan by claiming $465,195.50 owed compared to the  June 30, 2011 Comptroller of the Currency Administrator of National Banks letter attached!  How is this legal?

 

Mrs. Elizabeth F. Rojas,  Attached are Santa Barbara Bank & Trust IRS 1098 Forms from 2007-2010.  In the 2007 1098 Form; please explain as to how Santa Barbara Bank & Trust, can claim to the IRS that they received $53,358.70 in interest and then falsify this information to Judge Robin L. Riblet?  Notice in the December 31, 2010 IRS 1098 Form that SBBT claimed a principal ending balance of $390,996.91.  Why has the United States Bankruptcy Court allowed Santa Barbara Bank & Trust to add $9,965.98 to my SBA loan after SBBT admitting to monthly over charging my SBA loan since 2007.  How is this legal in the United States Bankruptcy Court?  Santa Barbara Bank & Trust, monthly payments from 2007 to filing Bankruptcy was $4,121.06 per month as seen in the SBBT IRS 1098 Forms attached and their November 7, 2011 online accounting attached. What has Santa Barbara Bank & Trust done with the money overcharged with my SBA Loan? The SBA (Adam Kaplan Office of Inspector General, Kari Overson Office of Inspector General, Terrill K. Ashker, Carlos Mendoza,) are fully aware of the fraudulent actions by Santa Barbara Bank & Trust.  I am asking for a current SBA Form 1149 accounting from Santa Barbara Bank & Trust.

 

Please explain as to why Santa Barbara Bank & Trust has been allowed to not properly amortize the Oceano Nursery SBA loan as seen on P. 3 of Doc 49 dated 3/30/2012 to Judge Robin L. Riblet?  I am requesting for the $7,500.00 in Attorney Fees paid to Richard Rossi be immediately paid by Santa Barbara Bank & Trust along with Mr. Rossi now claimed $30,00.00 in Attorney fees?

 

I am officially making an objection to any and all Santa Barbara Bank & Trust Attorney fees paid per the August 6, 2012 (Amended Notice Of Intent To Pay Claims)  I request that each creditor receives a copy of this communication and documents attached.

 

Sincerely

 

Bill Bookout

 

CC Judge Robin L. Riblet

CC Richard Rossi

CC Chris Gautschi

CC Dan Hilford

CC Sharon Gilstrap (Comptroller of the Currency Administrator of National Banks)

CC SBA National Ombudsman and FDIC Ombudsman

 


From: Richard Rossi [mailto:Richard@rossilegal.com]
Sent: Thursday, August 02, 2012 5:45 AM
To: Bill Bookout
Cc: chris gautschi; Debra Hernandez
Subject: Re: Request from NDC Website

 

Hi Bill - I am not certain what info you are referring to.

 

    Also, we need to get together. Your bill here is probably over $30,000 - yes, I know you haven't been billed, but I wanted to warn you. Undoubtedly you know that you have incurred hefty fees and costs. I am on vacation and will return on the 12th -so will get you a bill by that Friday (8/20).

    Let me know the info needed and we will provide it.

    Hope all is well.

                                                    Richard Rossi

----- Original Message -----

From: Bill Bookout

To: 'Mary Ruppenthal'

Cc: 'Richard Rossi' ; 'Chris Gautschi'

Sent: Wednesday, August 01, 2012 2:28 PM

Subject: RE: Request from NDC Website

 

Dear Mr. Richard Rossi,

 

Please provide the following to Mrs. Elizabeth F. Rojas.  I have still not received a monthly statement from Santa Barbara Bank & Trust for August 2012.

 

Sincerely

 

Bill Bookout


From: Mary Ruppenthal [mailto:mary@13datacenter.com]
Sent: Wednesday, August 01, 2012 11:54 AM
To: Bill Bookout
Subject: RE: Request from NDC Website

 

Hello Bill Bookout,

 

PLEASE BE ADVISED - YOUR CHAPTER 13 TRUSTEE DOES NOT ACCESS www.13datacenter.com /National Data Center website for any emails or issues you may have with your Chapter 13 case. You must contact your Trustee office directly at your convenience.

 

Regards,

 

National Data Center

 

 


From: Bill Bookout [mailto:Pismobeachdiveshop@charter.net]
Sent: Wednesday, August 01, 2012 7:49 AM
To: 'Richard Rossi'
Cc: 'Chris Gautschi'; 'Debra J. Hernandez'; 'Ashker, Terrill K.'; 'Kaplan, Adam D.(Off. Inspector Gen.)'; 'carlos.mendoza@sba.gov'; 'Hobby, Jill C.'; 'kari.overson@sba.gov'; 'mary@13datacenter.com'; 'sbcountyda@co.santa-barbara.ca.us'; 'Daniel Hilford'; 'legal@fdic.gov'; 'Babcock, Lisa J.'; 'Butcher-Sumner, Blossom V.'
Subject: RE: Santa Barbara Bank & Trust SBA Loan Fraud, Involving Dan Hilford and Bruce Eisengart

 

August 1, 2012

 

Dear Mr. Richard Rossi,

 

Has Santa Barbara Bank & Trust provided us with their Attorney fee accounting as of yet?  Has Santa Barbara Bank & Trust explained to Judge Robin L. Riblet as to what they have charged $57,676.17 for in Attorney fees taken from my SBA loan? Has Santa Barbara Bank & Trust repaired the Oceano Nursery property with the $39,750.00 taken from my SBA Loan and creditors and venders?  I am requesting a full accounting from the United States Bankruptcy Court.

 

When will Santa Barbara Bank & Trust be paying for the 41 pallets of Rock inventory at the Oceano Nursery property along with the 2000 plus pots?

 

Mr. Rossi, I haven’t received a monthly SBA loan statement from Santa Barbara Bank & Trust for August as of yet.  Has Santa Barbara Bank & Trust provided one to you?

 

Please review the questions asked of the United States Small Business Administration below on May 9, 2012, July 16, and 19, 2012.

 

Thanks

 

Bill

 

CC U. S. Small Business Administration

CC Carlos Mendoza SBA Fresno Office

CC Jill C. Hobby

CC Terrill K. Ashker


From: Bill Bookout [mailto:Pismobeachdiveshop@charter.net]
Sent: Thursday, July 19, 2012 4:06 PM
To: 'carlos.mendoza@sba.gov'
Cc: 'Kaplan, Adam D.(Off. Inspector Gen.)'; 'Daniel Hilford'; 'carlos.mendoza@sba.gov'; 'Hobby, Jill C.'; 'ombudsman@fdic.gov'; 'SBA National Ombudsman'; 'legal@fdic.gov'; 'Babcock, Lisa J.'; 'kari.overson@sba.gov'; 'Babcock, Lisa J.'; 'Chris Gautschi'; 'Richard Rossi'; 'cacb_ecf_nd@ch13wla.com'; 'ustpregion16.nd.ecf@usdoj.gov'; 'dvallely@co.slo.ca.us'; 'Ashker, Terrill K.'; 'terrencehetherington@sba.gov'
Subject: FW: Santa Barbara Bank & Trust SBA Loan Fraud, Involving Dan Hilford and Bruce Eisengart

 

July 19, 2012

 

CARLOS G. MENDOZA                 US Small Business Administration

District Director                              409 3rd St, SW

Central California/ Fresno                Washington DC 20416

Small Business Administration        

559/487-5785, Ext 2710                 

800/359-1833, OPTION 6                

 

Dear Mr. Carlos Mendoza

 

I am requesting a current SBA Form 1149 from the SBA in regards to the Oceano Nursery SBA Loan # 6641964009.  Please see attached monthly statement request of Santa Barbara Bank & Trust.

 

I am requesting that the SBA provide an accounting for Santa Barbara Bank & Trusts Attorney Fees of $57,676.17 charged against the Oceano Nursery SBA loan for asking SBA Loan, banking questions of Santa Barbara Bank & Trust in regards to their SBA Loan Fraud?  (Please see exhibit B-23 attached!)

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

I am requesting that the SBA provide an accounting for all of the inventory at the Oceano Nursery property and that I am reimbursed for this inventory at full retail

 

Adam D. Kaplan, Assistant Counsel to the Inspector General, U.S. Small Business Administration:  Santa Barbara Bank & Trust filed a restraining order for asking banking loan questions of Santa Barbara Bank & Trust from their May 19, 2011 letter and their May 6, 2011 amortization schedules!  This is seen in the June 30, 2011 Comptroller of the Currency letter attached and the SBBT April 13, 2012 response to Judge Robin L. Riblet on Page 3.  It is important for the SBA to now fully resolve the actions of Santa Barbara Bank & Trust!

 

Sincerely

 

Bill Bookout

Pismo Beach Surf Shop

 

CC Dan Hilford  (San Luis Obispo District Attorney)

CC Elizabeth (ND) F Rojas/Judge Robin L. Riblet

 


From: Bill Bookout [mailto:Pismobeachdiveshop@charter.net]
Sent: Monday, July 16, 2012 10:16 AM
To: 'Kaplan, Adam D.(Off. Inspector Gen.)'
Cc: 'Daniel Hilford'; 'carlos.mendoza@sba.gov'; 'Hobby, Jill C.'; 'ombudsman@fdic.gov'; 'SBA National Ombudsman'; 'legal@fdic.gov'; 'Babcock, Lisa J.'; 'kari.overson@sba.gov'; 'Babcock, Lisa J.'; 'Chris Gautschi'; 'Richard Rossi'; 'cacb_ecf_nd@ch13wla.com'; 'ustpregion16ndecf@usdoj.gov'
Subject: Santa Barbara Bank & Trust SBA Loan Fraud, Involving Dan Hilford and Bruce Eisengart

 

July 16, 2012

 

Adam D. Kaplan

Assistant Counsel to the Inspector General

U.S. Small Business Administration

Office of Inspector General

Counsel Division

409 3rd St. SW

Washington, DC 20416

 

Dear Mr. Adam Kaplan

 

I am requesting a current SBA Form 1149 from the SBA in regards to the Oceano Nursery SBA Loan # 6641964009.  Please see attached monthly statement request of Santa Barbara Bank & Trust.

 

I am requesting that the SBA provide an accounting for Santa Barbara Bank & Trusts Attorney Fees of $57,676.17 charged against the Oceano Nursery SBA loan for asking SBA Loan, banking questions of Santa Barbara Bank & Trust in regards to their SBA Loan Fraud?  (Please see exhibit B-23 attached!)

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

I am requesting that the SBA provide an accounting for all of the inventory at the Oceano Nursery property and that I am reimbursed for this inventory at full retail

 

Adam D. Kaplan, Assistant Counsel to the Inspector General, U.S. Small Business Administration:  Santa Barbara Bank & Trust filed a restraining order for asking banking loan questions of Santa Barbara Bank & Trust from their May 19, 2011 letter and their May 6, 2011 amortization schedules!  This is seen in the June 30, 2011 Comptroller of the Currency letter attached and the SBBT April 13, 2012 response to Judge Robin L. Riblet on Page 3.  It is important for the SBA to now fully resolve the actions of Santa Barbara Bank & Trust!

 

Sincerely

 

Bill Bookout

Pismo Beach Surf Shop

 

CC Dan Hilford  (San Luis Obispo District Attorney)

CC Elizabeth (ND) F Rojas/Judge Robin L. Riblet

 


From: Bill Bookout [pismobeachsurfshop@charter.net]
Sent: Tuesday, July 31, 2012 8:10 PM
To: Mary Ruppenthal
Subject: RE: Request from NDC Website

Please see that Mrs. Elizabeth F. Rojas receives a copy of the questions asked of the Bankruptcy Court.

 

Please make my questions asked of the Trustee available to all of my creditors.  I have still not received a monthly statement from Santa Barbara Bank & Trust.

 

Sincerely

 

Bill Bookout

-----Original Message-----
From: mary@13datacenter.com [mailto:mary@13datacenter.com]
Sent: Tuesday, July 31, 2012 1:23 PM
To: pismobeachsurfshop@charter.net
Subject: Re: Request from NDC Website

 

Hello William Bookout,

 

The National Data Center (NDC) consolidates data from a majority of

Chapter 13 Trustees across the United States.  This information is sent to

us by your Trustee and then posted on the www.13datacenter.com website for

you to access and is also made available to Creditors that are a party-in-

interest in a particular case.  Specific questions that you have about

your case must be directed to the Chapter 13 Trustee assigned to your

case.

 

Your trustee is Liz  Rojas and the office phone number is (818) 933-5700.

 

Regards,

 

National Data Center, Inc.

www.13datacenter.com

 

 

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From: Bill Bookout [mailto:Pismobeachdiveshop@charter.net]
Sent: Monday, July 23, 2012 8:56 AM
To: 'Richard Rossi'
Cc: 'Chris Gautschi'
Subject: RE: Diana Lee - CONFIDENTIAL

 

July 23, 2012

 

Elizabeth F. Rojas

Chapter 13 Trustee

15060 Ventura Blvd, Suite 240

Sherman Oaks, Ca 91403

 

Dear Mrs. Elizabeth F. Rojas

 

Please provide a full accounting of the Santa Barbara Bank & Trust Attorney Fees charged by Santa Barbara Bank & Trust per their Page 9 of Doc 49 dated 3/30/2012 attached.  Santa Barbara Bank & Trust had until June 24, 2012 to provide this to the Bankruptcy Court.

 

Attached below is an accounting of Santa Barbara Bank & Trusts fraudulent actions since 2007. 

 

Please explain as to why Santa Barbara Bank & Trust has been allowed to falsely claim to Judge Robin L. Riblet per Page 2 on Doc 49 dated 3/30/2012 that Santa Barbara Bank & Trust paid principal on the five payments totaling $22,274.46 against the SBBT 2007 IRS 1098 Form? 

 

Sincerely

 

Bill Bookout

 

CC Richard Rossi

CC Chris Gautschi


From: Bill Bookout [mailto:Pismobeachdiveshop@charter.net]
Sent: Saturday, July 21, 2012 7:39 PM
To: 'Daniel Hilford'
Cc: 'Chris Gautschi'; 'Richard Rossi'
Subject: RE: Diana Lee - CONFIDENTIAL

 

Dan,

 

Sorry, this is not a problem.  I will not use your work title or office name in the future. 

 

It is now time to file charges against Santa Barbara Bank & Trust for their actions since 2007 affecting both of us and Bruce.  I am waiting for a copy of the Santa Barbara Bank & Trust Attorney fees as should have been provided to Judge Robin L. Riblet by June 27, 2012.  I am then requesting to file charges against Santa Barbara Bank & Trust for their theft of my business working capital as seen below and attached with the San Luis Obispo District Attorneys Office.

 

Santa Barbara Bank & Trust after admitting to monthly overcharging my SBA loan since 2007 filed for a restraining order in Santa Barbara County, for asking Banking questions of Santa Barbara Bank & Trust.  This action then lead to me having to file Bankruptcy again affecting you and Bruce.  I have had to pay $7,625.00 in Attorney fees from Santa Barbara Bank & Trusts fraudulent actions to fight them in Bankruptcy.

 

Santa Barbara Bank & Trust then has charged me $26,500.00 as a Standard Bank 10% foreclosure fee.  This is not seen in my Deed of Trust or my SBA loan documents.  SBBT then charged $39,750.00 for demolition and repair of the Oceano Nursery property.  This is not seen in my Deed of Trust or my SBA loan documents.  Santa Barbara Bank & Trust has charged $57,676.17 in Attorney Fees without providing an accounting for their actions.  How is this legal?

 

Attached above are Santa Barbara Bank & Trusts Exhibits A-22 and B- 23 which have affected my business and both you and Bruce.  Santa Barbara Bank & Trust on May 19, 2011 filed a false NOD claiming to be owed $45,171.20 in deferred and defaulted past due payments.  This claim is fraudulent as seen in the yearly IRS 1098 Form and the August 29, 2011 SBA Form 1149 that had been provided to Judge Robin L. Riblet.

 

Mr. Tatman below has summed up the actions of Diana Jessup Lee  “What is interesting is that from your case it appears that Ms. Lee inappropriately crafted false/inaccurate accounting records on behalf of her banking client.” 

 

During Bankruptcy Santa Barbara Bank & Trust has added $9,965.98 to my SBA loan after their admitting to monthly over charging my SBA loan since 2007.  How is this legal?  Santa Barbara Bank & Trust, monthly payments from 2007 was $4,121.06 per month.  What has SBBT done with the extra money paid SBBT per their February 27, 2012 (Detailed Loan Billing Statement) attached along with the August 29, 2011 SBA Form 1149?  In the August 29, 2011 SBA Form 1149, notice that Santa Barbara Bank & Trust did not pay any principal in 2007 as stated in Karen Grants response to Judge Robin L. Riblet attached!  How is this legal?

 

Dan, Attached is the March 2, 2012 (Trustee’s Deed Upon Sale) as recorded with Julie Rodewald.  Santa Barbara Bank & Trust has not reimbursed me for the Oceano Nursery inventory.  This inventory could pay off both you and Bruce Eisengart.  Notice that SBBT claimed $532,047.05 of unpaid debt together with costs!  Again I am wishing to file charges against Santa Barbara Bank & Trust for their theft of my business working capital since 2007 affecting both you and Bruce Eisengart. 

 

Your friend

 

Bill Bookout

 


From: Taylor Tatman [mailto:tt@ccgbank.com]
Sent: Friday, July 20, 2012 1:16 PM
To: pismobeachdiveshop@charter.net
Subject: Diana Lee - CONFIDENTIAL

 

Dear Mr. Bookout, I came across your dispute involving Diana Lee several months ago and wanted to reach out finally.  Coincidentally, Ms. Lee began attacking me on behalf of one of her clients making several spurious claims that I have had to defend for the past 18 months.  What is interesting is that from your case it appears that Ms. Lee inappropriately crafted false/inaccurate accounting records on behalf of her banking client.  In my case, she is doing much the same badly mistaking herself for an accountant despite having absolutely no credentials.  However, in my case she has taken things one step further in that she improperly obtained 24 months private bank statements of mine and two other individuals and has been holding them hostage for more than a year while trying to extort funds from me on behalf of her client.

 

This woman has become a dangerous social menace and has absolutely NO business practicing law.  She needs to be expelled from any bar association and I intend to make every effort towards that end.  I can only sympathize with your similar unfortunate dealings with this person, which you have made public.

 

Kind regards,

 

Taylor Tatman

Commerce Capital Group

120 East De La Guerra Street

Santa Barbara, CA 93101

(805) 963-2806 Phone

(805) 456-4318 Fax

tt@ccgbank.com

 

 

<SBA Loan Fraud Case # 01394465.pdf>




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

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

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

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

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  

Christine Sontag-Diana Jessup Lee SBBT Fraud PDF

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. 

 

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: 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 t