SBA PLP Loans

Union Bank

Marianne O’Brien Markowitz, Acting Administrator of the U.S. Small Business Administration
 Union BankBookout04022012.pdf
79.4 KB

 Union BankBookout_Loan_History_6-25-13.pdf
70.3 KB

Union BankUnion_Bank_Perjury_and_Fraud.pdf
2.3 MB

 Union BankUnion_Banks_IRS_Form_1099_A_Accounting.pdf
932.5 KB

From: Bill Bookout [mailto:pismobeachdiveshop@charter.net]
Sent: Tuesday, February 18, 2014 11:22 AM
To: 'Mendoza, Carlos G.'; ombudsman@sba.gov; 'Mazzoni, Sandra E. (Off. Inspector Gen.)'
Cc: 'richard@rossilegal.com'; 'Chris Gautschi'; 'keithcarls@kcoy.com'; 'cj.ward@keyt.com'; 'pbrinks@cappellonoel.com'; 'legal@fdic.gov'; 'Lcannon@dfi.ca.gov'; 'ombudsman@fdic.gov'; 'Debra Hernandez'; 'Mendoza, Carlos G.'; 'pismobeachsurfshop@charter.net'; 'bobj@westdalecapital.com'; 'da, sbcounty'; 'San Diego General Box'; 'SBA National Ombudsman'; 'Kaplan, Adam D.(Off. Inspector Gen.)'; 'Nudson, Anne'; 'Hobby, Jill C.'; 'Hedgespeth, Grady'; 'ptrujillo@ch13wla.com'; Ashker, Terrill K. <terrill.ashker@sba.gov> (terrill.ashker@sba.gov); sandiego@sba.gov
Subject: RE: In re William Arthur Bookout USBC Cen. Dist.CA.CaseNo.9:11-bk-15818 Union Banks Fraud, Breach of Contract and Perjury

 

February 18, 2014  

 

Marianne O’Brien Markowitz                    Marianne O’Brien Markowitz, Acting Administrator of the U.S. Small Business Administration

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 Mrs. Marianne O’Brien Markowitz, Acting Administrator of the U.S. Small Business Administration ----Mr. Carlos Mendoza/SBA Ombudsman Sandra E. Mazzoni,

 

Please review the February 17, 2014 email below from Hacienda Bank/Westdale Capital with the 470 Price Street Balloon Payment coming due on March 17, 2017!  All questions asked of the SBA can be seen at www.sbaplploans.com

Again, Please see that the United States Small Business Administration and Union Bank answers the questions asked below of Union Bank on February 11, 2014—February 6, 2014 ---February 6, 2013 and February 14, 2013.  The February 13, 2013 SBA Terrill K. Ashker, emails are not acceptable with Union Banks actions and changing the Certified August 29, 2011 SBA Form 1149  during forced bankruptcy by Union Bank Successor to Santa Barbara Bank & Trust, as now fully known as Union Bank!

I have attached Union Banks 2003 falsified SBA Loan Authorization and am asking the US Small Business Administration if this is legal with all SBA PLP Loans?  I am questioning as to why Union Bank Would Not Pay Off the 470 Price Street Balloon payment in 2003 with the October 1, 2003 changed SBA Loan Authorization and Union Banks Casey Appell’s signature on August 29, 2003?  I have attached all communication with Union Bank at www.unionbank.me  and www.governorjerrybrown.net and www.sbaplploans.com  Did the SBA approve the October 1, 2003 changed SBA Loan Authorization with the 470 Price Street Blloon payment coming due on March 15, 2017 as seen in WestDales Cpital below on February 17, 2014?

I have attached Union Banks April 2, 2012 email provided on February 6, 2014 per the Oceano Nursery inventory value of $307,500.00.  Is it legal for Union Bank to foreclose on this SBA purchased inventory and not give compensation for it under SBA Rules?  Union Bank States: 

1. SBBT did not foreclose upon the landscape rocks. SBBT simply foreclosed upon the Oceano property. As a result, title to the rocks never transferred to SBBT. Thus, SBBT cannot and will not sell the rocks. Simply because SBBT held a security interest in the rocks does not mean that it foreclosed upon the rocks. Since the rocks are personal property and not part of the real property that was sold at the trustee sale, there was no need to include the rocks in the valuation of the Oceano property or credit Mr. Bookout with the value of the rocks or disclose the rocks to the Bankruptcy Court. The duty of disclosure was solely Mr. Bookout's, which he has failed to do.”

 

This Oceano Nursery inventory could have been used to pay off the SBA PLP Loan #664-196-4009 and the Balloon Payment on the 470 Price Street property.  Union Bank previously appraised the Oceano Nursery inventory at $450,000.00 in there Mentor Group Opinion Letter.

 

Again, Does the SBA allow their lenders like Union Bank to falsify SBA Loan Authorizations after they have been approved and signed as seen in Union Banks Casey Appell’s August 29, 2003 signature?

 

 

Sincerely 

 

 

Bill Bookout

 

CC Comptroller of the Currency Administrator of National Banks Case # 01944977 www.occquestions.com  and www.unionbank.me  

CC California Governor Jerry Brown www.governorjerrybrown.net   

CC Kamala D. Harris, California Attorney General

CC California State Bar

CC Richard Rossi

CC Chris Gautschi

CC Jeffery Frederick-Santa Barbara District Attorney Supervising Investigator

CC SBA National Ombudsman

 

 

From: Bob Johnston [mailto:Bobj@westdalecapital.com]
Sent: Monday, February 17, 2014 8:48 AM
To: Bill Bookout (pismobeachdiveshop@charter.net)
Cc: Bob Johnston
Subject: Loan # 302730 - William Bookout

 

Mr. Bookout,

In response to your recent request, and in accord with your execution of (1) the Note dated 2/19/02 given as Loan #302730, as may have been amended, modified and assigned, (2) the  Bankruptcy Plan filed in Case #11-bk-15818-RR on 1/10/12 and (3) the Bankruptcy Plan Confirmation  in this same case dated 4/25/12, which provides that you will continually submit payments of $2,232.14 per month until Maturity, which is to occur on March 15, 2017, and on that date the remaining Principal Balance and any/all  accrued interest and reimbursable fees remaining unpaid are to be immediately paid.  The Loan’s interest rate is 8.0% as collected on a 365/360 day amortization basis. Thus, the Loan will have a Balloon payment due and will Mature on March 15, 2017.

 

As of Today, February  17, 2014, the Loan’s Principal Balance is $228,618.16, the loan is current in its payments through the payment due 1/19/14, monthly payments remain at $2,232.14 per month, and  interest is currently collected in an amount of $50.80404 per diem (although the per diem interest amount will change as payments which reduce(s) Principal occurs), through Maturity and until paid in full.  

 

Please contact me should this response not provide the information requested.

 

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: Ashker, Terrill K. [mailto:terrill.ashker@sba.gov]
Sent: Thursday, February 13, 2014 3:54 PM
To: Bill Bookout; Mendoza, Carlos G.; San Diego General Box
Cc: richard@rossilegal.com; 'Chris Gautschi'; keithcarls@kcoy.com; cj.ward@keyt.com; pbrinks@cappellonoel.com; legal@fdic.gov; Lcannon@dfi.ca.gov; ombudsman@fdic.gov; 'Debra Hernandez'; Mendoza, Carlos G.; pismobeachsurfshop@charter.net; bobj@westdalecapital.com; 'da, sbcounty'; San Diego General Box; SBA National Ombudsman; Kaplan, Adam D.(Off. Inspector Gen.); 'Nudson, Anne'; Hobby, Jill C.; Hedgespeth, Grady; Mazzoni, Sandra E. (Off. Inspector Gen.); rforouzandeh@rppmh.com; dlee@rppmh.com; ptrujillo@ch13wla.com
Subject: RE: In re William Arthur Bookout USBC Cen. Dist.CA.CaseNo.9:11-bk-15818 Union Banks Fraud, Breach of Contract and Perjury

 

What SBA is ‘saying’ is that 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: Thursday, February 13, 2014 3:13 PM
To: Ashker, Terrill K.; Mendoza, Carlos G.; San Diego General Box
Cc: richard@rossilegal.com; 'Chris Gautschi'; keithcarls@kcoy.com; cj.ward@keyt.com; pbrinks@cappellonoel.com; legal@fdic.gov; Lcannon@dfi.ca.gov; ombudsman@fdic.gov; 'Debra Hernandez'; Mendoza, Carlos G.; pismobeachsurfshop@charter.net; bobj@westdalecapital.com; 'da, sbcounty'; San Diego General Box; SBA National Ombudsman; Kaplan, Adam D.(Off. Inspector Gen.); 'Nudson, Anne'; Hobby, Jill C.; Hedgespeth, Grady; Mazzoni, Sandra E. (Off. Inspector Gen.); rforouzandeh@rppmh.com; dlee@rppmh.com; ptrujillo@ch13wla.com
Subject: RE: In re William Arthur Bookout USBC Cen. Dist.CA.CaseNo.9:11-bk-15818 Union Banks Fraud, Breach of Contract and Perjury

 

February 13, 2014  

 

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 Ombudsman

 

The United States Small Business Administration is saying for the News Media Attached Keith Carl’s --KCOY and CJ Ward –KEVT.  That the SBA allows Union Bank to commit Fraud and Perjury per their 2003 SBA Loan Authorization signed on August 29, 2003 by Casey Appell. along with Union Bank improperly amortizing the Oceano Nursery SBA loan as seen in Union Banks August 29, 2007 SBA Form1149 (Loan Transaction History) as Richard Rossi presented to Honorable Judge Robin L. Riblet!

 

Sincerely 

 

 

Bill Bookout

 

CC Comptroller of the Currency Administrator of National Banks Case # 01944977 www.occquestions.com  and www.unionbank.me  

CC California Governor Jerry Brown www.governorjerrybrown.net   

CC Kamala D. Harris, California Attorney General

CC California State Bar

CC Richard Rossi

CC Chris Gautschi

CC Jeffery Frederick-Santa Barbara District Attorney Supervising Investigator

CC SBA National Ombudsman

 

 

 

From: Ashker, Terrill K. [mailto:terrill.ashker@sba.gov]
Sent: Thursday, February 13, 2014 2:56 PM
To: Bill Bookout; Mendoza, Carlos G.; San Diego General Box
Cc:
richard@rossilegal.com; 'Chris Gautschi'; keithcarls@kcoy.com; cj.ward@keyt.com; pbrinks@cappellonoel.com; legal@fdic.gov; Lcannon@dfi.ca.gov; ombudsman@fdic.gov; 'Debra Hernandez'; Mendoza, Carlos G.; pismobeachsurfshop@charter.net; bobj@westdalecapital.com; 'da, sbcounty'; San Diego General Box; SBA National Ombudsman; Kaplan, Adam D.(Off. Inspector Gen.); 'Nudson, Anne'; Hobby, Jill C.; Hedgespeth, Grady; Mazzoni, Sandra E. (Off. Inspector Gen.); rforouzandeh@rppmh.com; dlee@rppmh.com; ptrujillo@ch13wla.com
Subject: RE: In re William Arthur Bookout USBC Cen. Dist.CA.CaseNo.9:11-bk-15818 Union Banks Fraud, Breach of Contract and Perjury

 

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: Thursday, February 13, 2014 2:43 PM
To: Mendoza, Carlos G.; Ashker, Terrill K.; San Diego General Box
Cc:
richard@rossilegal.com; 'Chris Gautschi'; keithcarls@kcoy.com; cj.ward@keyt.com; pbrinks@cappellonoel.com; legal@fdic.gov; Lcannon@dfi.ca.gov; ombudsman@fdic.gov; 'Debra Hernandez'; Mendoza, Carlos G.; pismobeachsurfshop@charter.net; Ashker, Terrill K.; bobj@westdalecapital.com; 'da, sbcounty'; San Diego General Box; SBA National Ombudsman; Kaplan, Adam D.(Off. Inspector Gen.); 'Nudson, Anne'; Hobby, Jill C.; Hedgespeth, Grady; Mazzoni, Sandra E. (Off. Inspector Gen.); rforouzandeh@rppmh.com; dlee@rppmh.com; ptrujillo@ch13wla.com
Subject: RE: In re William Arthur Bookout USBC Cen. Dist.CA.CaseNo.9:11-bk-15818 Union Banks Fraud, Breach of Contract and Perjury

 

February 13, 2014  

 

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 Ombudsman

 

Please see that Union Bank answers the questions asked below of Union Bank on February 11, 2014—February 6, 2014 ---February 6, 2013 and February 14, 2013.

I have attached Union Banks 2003 falsified SBA Loan Authorization and am asking the SBA if this is legal with all SBA PLP Loans?  I am questioning as to why Union Bank Would Not Pay Off the 470 Price Street Balloon payment in 2003 with the 2003 changed SBA Loan Authorization and Union Banks Casey Appell’s signature on August 29, 2003?  I have attached all communication with Union Bank at www.unionbank.me  and www.governorjerrybrown.net

I have attached Union Banks April 2, 2012 email provided on February 6, 2014 per the Oceano Nursery inventory value of $307,500.00.  Is it legal for Union Bank to foreclose on this inventory and not give compensation for it?  Union Bank States: 

1. SBBT did not foreclose upon the landscape rocks. SBBT simply foreclosed upon the Oceano property. As a result, title to the rocks never transferred to SBBT. Thus, SBBT cannot and will not sell the rocks. Simply because SBBT held a security interest in the rocks does not mean that it foreclosed upon the rocks. Since the rocks are personal property and not part of the real property that was sold at the trustee sale, there was no need to include the rocks in the valuation of the Oceano property or credit Mr. Bookout with the value of the rocks or disclose the rocks to the Bankruptcy Court. The duty of disclosure was solely Mr. Bookout's, which he has failed to do.”

 

This Oceano Nursery inventory could have been used to pay off the SBA PLP Loan #664-196-4009 and the Balloon Payment on the 470 Price Street property.  Union Bank previously appraised the Oceano Nursery inventory at $450,000.00 in there Mentor Group Opinion Letter.

 

Does the SBA allow their lenders like Union Bank to falsify SBA Loan Authorizations after they have been approved and signed as seen in Union Banks Casey Appell’s August 29, 2003 signature?

 

Sincerely 

 

 

Bill Bookout

 

CC Comptroller of the Currency Administrator of National Banks Case # 01944977 www.occquestions.com  and www.unionbank.me  

CC California Governor Jerry Brown www.governorjerrybrown.net   

CC Kamala D. Harris, California Attorney General

CC California State Bar

CC Richard Rossi

CC Chris Gautschi

CC Jeffery Frederick-Santa Barbara District Attorney Supervising Investigator

CC SBA National Ombudsman

 

 

From: Bill Bookout [mailto:pismobeachdiveshop@charter.net]
Sent: Tuesday, February 11, 2014 4:42 PM
To: 'Robert Forouzandeh';
dlee@rppmh.com; ptrujillo@ch13wla.com
Cc: 'richard@rossilegal.com'; 'Chris Gautschi'; 'keithcarls@kcoy.com'; 'cj.ward@keyt.com'; 'pbrinks@cappellonoel.com'; 'legal@fdic.gov'; 'Lcannon@dfi.ca.gov'; 'ombudsman@fdic.gov'; 'Debra Hernandez'; 'Mendoza, Carlos G.'; 'pismobeachsurfshop@charter.net'; 'terrill.ashker@sba.gov'; 'bobj@westdalecapital.com'; 'shouchens@sbcourts.org'; 'da, sbcounty'; 'sandiego@sba.gov'; 'ombudsman@sba.gov'; 'adam.kaplan@sba.gov'; 'Nudson, Anne'; 'jill.hobby@sba.gov'; 'grady.hedgespeth@sba.gov'; 'sandra.mazzoni@sba.gov'
Subject: RE: In re William Arthur Bookout USBC Cen. Dist.CA.CaseNo.9:11-bk-15818 Union Banks Fraud, Breach of Contract and Perjury

 

February 11, 2014

 

Union Bank

Diana Jessup Lee--Robert B. Forouzandeh—Union Bank SBA Loan Representative’s

Attorney at Law

Reicker, Pfau, Pyle & McRoy LLP

1421 State Street, Suite B

Santa Barbara, CA  93101

Tel:  805-966-2440

 

Dear Union Bank Court Appointed SBA Loan Representative’s Diana Jessup Lee and Robert B. Forouzandeh,

 

Please explain as to why Union Bank Falsified the Appraised Value of the Oceano Nursery property to be $189,000.00 in the 2012 Form 1099-A compared to the actual appraised value of $265,000.00 as Union Bank successor to SBB&T Presented to the Santa Barbara Bankruptcy Judge Robin L. Riblet!  Please see that Union Bank amends this 2012 Form 1099-A claim with the $307,500.00 of inventory foreclosed on by Union Bank successor to SBB&T.  Attached is Union Banks April 2, 2012 full knowledge of the Oceano Nursery inventory!  Explain as to why Union Bank did not account for this inventory under UCC Filing @ State of California located 1341 Description?

 

Please provide a full monthly breakdown of Union Banks claimed Principal Balance of $395,320.40 in the 2012 FORM 1099-A!  Explain how Union Bank came to this amount by amortizing $472,941.06 since 2007 with monthly payments of $4,121.06 per month up to September 16, 2011and then claiming $45,171.20 owed in deferred and defaulted in the Fraudulent May 19, 2011 Notice of Default?

 

Again please answer the questions asked below of Union Bank.  In 2013 Attorney John Belsher provided FOIA documents requested of Union Bank in 2013 and Denied by Union Bank as Union Bank Stated May 23, 2013:  The Real Estate Settlement Practice Act is not applicable to loans made for business purposes.  The Truth in Lending Act requires a lender to disclose certain pieces of information to a borrower prior to extending credit.  Your SBA loan was funded in 2003.  Therefore your “Full RESPA and Truth in Lending Act request” is unintelligible.”

 

1)      Please immediately explain as to why Union Bank successor to SBB&T did not pay off the 470 Price Street Balloon Payment in 2003?

 

2)      Please explain as to why Union Bank successor to SBB&T Falsified the August 20, 2003 (SBA Loan Analysis Presentation) showing (Revised: October 1, 2003?

 

3)      Please explain as to why Union Bank successor to SBB&T SBA--- Loan Representative Casey Appell signed his name to the SBA Falsified August 29, 2003  (Authorization) (SBA Guaranteed Loan)?

 

4)      Please explain as to why Union Bank successor to SBB&T did not pay off the $75,000.00 on the Hacienda Bank Business Loan per the July 23, 2003 (SBA LOAN Checklist)?

 

5)    Please explain as to why Union Bank successor to SBB&T has ignored the SBA PLP Loan # 664-196-4009 Note dated October 6, 2003 (Payment Terms)?  “Lender must adjust the payment amount at least annually as needed to amortize principal over the remaining term of the note.”

 

6)    Please explain as to why Union Bank successor to SBB&T has not paid for the Oceano Nursery inventory foreclosed on per the October 6, 2003 Commercial Security Agreement ?  This inventory had a retail value of over $307,500.00!  Union Bank Acknowledges the UCC filing on February 11, 2014.

 

7)    With Union Banks April 2, 2012 letter provided on February 6, 2014.  Please explain as to why Union Bank successor to SBB&T ignored P2 in the August 20, 2003 (SBA Loan Analysis Presentation) as stated!  “The same collateral will not be used on this loan; a deed of trust will not be taken on this property since it is fully secured on a liquidation basis with the deed on the Paso Robles St. property and the UCC Security agreement covering all business assets.” Union Bank Acknowledges the UCC filing on February 11, 2014.

8)    

 

9)      Please explain as to why Union Bank successor to SBB&T changed the August 27, 2003 (Loan Committee Presentation Report) with Business Assets/Inventory on October 1, 2003 by adding the 470 Price Street property without paying off the Hacienda Bank Balloon payment of $300,000.00 coming due in 2017?

 

10) Please immediately provide a detailed accounting of Union Banks Attorney fees charged on February 22, 2012 of $57,676.17 for Union Banks fraudulent statements in Union Banks emails from January 25, 2011 to February 11, 2014 as seen below!

 

11) Union Bank successor to SBB&T claimed August 29, 2011 to the United States Small Business Administration in a SBA Form 1149 (Loan Transaction History)  as provided by Richard Rossi, that the Oceano Nursery SBA principal balance was $390,996.91 and then changed this amount on October 28, 2011 and January 6, 2012 during bankruptcy in their two (Proof of Claim) to Judge Robin L. Riblet, to be $400,962.89.  What did Union Bank do with this $9,965.98 of principal per Union Banks Fraudulent charges and changes during Bankruptcy?  The $390,996.91 amount shows in the 2009-2010 IRS 1098 Forms and SBB&T”S September 23, 2011 (Payment Notice). What has Union Bank done with this extra principal paid and un accounted for in Union Banks June 25, 2013 (Loan Transaction History)?  Union Bank admits January 18, 2012,  full knowledge of the August 29, 2011 Loan Transaction history as stated by Union Bank:  Thus, neither the August 29, 2011 Form 1149 nor SBBT's bankruptcy filings are incorrect or fraudulent as you contend.” Union Bank now claims February 11, 2014 that the Principal Balance was $395,320.40 against the Union Bank amortized amount of $472,941.20 since July 2007!

 

12) Union Bank is again asked, as to why Union Bank falsified the June 25, 2013 (Loan Transaction History) claiming five payments totaling $22,274.66 were applied to principal against Union Banks own August 29, 2011  (Loan Transaction History)?  

Union Bank Fraudulently States 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. “  

Union Bank Fraudulently States January 8, 2013  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.”          Union Bank then Fraudulently States June 27, 2014 As you requested, I am providing you with a complete transaction history of your loan current as of June 25, 2013.  As we have repeatedly told you, when you defaulted on the Forbearance Agreement it was rescinded and your loan was recalculated as though none of the benefits in the Forbearance Agreement had ever been provided.  As a result, this current history may vary from statements and other documents you may have received in the past which were calculated using the terms of the Forbearance Agreement.  Additionally, this document will not match the amortization schedules which were previously provided to you, because as I have repeatedly told you, amortization schedules set forth the schedule of future payments on a loan if the terms of the loan are adhered to i.e. they are forward looking.  Amortization schedules do not take into account missed payments, late payments, fees incurred etc.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                           

 

13)    Union Bank successor to SBB&T is asked to account for late fees of $206.05 at 5% of $472,941.06 amortized since 2007 with monthly payments of $4,121.06 per month up to September 16, 2011 and then changed in Union Bank successor to SBB&T two (Proof of Claims to Judge Robin L. Riblet on October 28, 2011 and January 6, 2012?  Please see attached SBA NOTE guide lines P. 2 of 6 “Lender must adjust the payment amount at least annually as needed to amortize principal over the remaining term of the note.”  Please see Union Banks June 27, 2014 email.

 

14) Please explain Union Bank Successor to SBB&T fraudulently claiming $45,171.20 owed in deferred and defaulted payments against Union Banks own June 25, 2013 Loan Transaction History? Explain as to why Union Bank successor to SBB&T would commit this kind of fraud in their two Proof of claims to the United States Bankruptcy Court Judge Robin L. Riblet?

 

15)   Please explain why Union Banks Senior Vice President Christine Sontag would State through Robert B. Forouzandeh on September 7, 2011  “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.” Union Banks February 11, 2014 2012 FORM 1099 A is false and Fraudulent with this accounting!

 

16)   Please explain why Union Banks Senior Vice President Christine Sontag would file a restraining order on behalf of Union Bank in front of Santa Barbara Superior Court Commissioner Denise Motter on January 28, 2013?  Explain why Union Bank/Senior Vice President Christine Sontag believes P.4 that Diana Jessup Lee May 19, 2011 threating letter is accurate against the August 29, 2011 (Loan Transaction History) Accounting?  Union Bank 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.”

 

17)   Please explain why Union Banks Senior Vice President Christine Sontag would State through Robert B. Forouzandeh on January 18, 2011 Against the August 29, 2011 Loan Transaction History!   “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. ” Explain how Union Bank believes that the August 29, 2011 Loan Transaction History was calculated using the figures of the 2007 Forbearance Agreement per Union Banks February 11, 2014 FORM 1099-A for 2012?

 

18)   Please explain why Union Banks Senior Vice President Christine Sontag would falsely State through Robert B. Forouzandeh on August 3, 2011 “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.”   With Union Banks/Robert B. Forouzandeh, June 27, 2013 email stating:  Amortization schedules do not take into account missed payments, late payments, fees incurred etc.”

 

19)   Please explain why Union Banks Senior Vice President Christine Sontag would State through Robert B. Forouzandeh on November 23, 2011 during Bankruptcy, -----Union Banks, fraudulent claim against the August 29, 2011 (Loan Transaction History!  Union Bank States:  “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.” Explain how Union Bank feels it is legal to add $9,965.98 onto a SBA Loan during forced bankruptcy Against IRS 1098’s and the Union Bank August 29, 2011 Loan Transaction History?

 

20)   Please explain why Union Banks Senior Vice President Christine Sontag would falsely State through Robert B. Forouzandeh on November 18, 2011 during forced Bankruptcy against Union Banks August 29, 2011 Loan Transaction History    “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.”   Explain how Union Banks November 18, 2011 claim is accurate against the Union Bank August 29, 2011 Loan Transaction History and Union Bank amortizing the Oceano Nursery SBA loan from 2007 at 6% of $472,941.06 with monthly payments of $4,12106 per month?    

 

Again I am requesting  an answer to the questions that have been asked of Union Bank as seen below on February 6, 2014, January 28, 2013, February 14, 2013, February 2, 2014 and asked of California Governor Jerry Brown on February 6, 2013!  I am requesting full re-imbursement of the over $307,500.00 of Oceano Nursery inventory that Union Bank sold to Price Hinds Plaza (1.3 Personal Property) per Union Banks April 2, 2012 email, that was not provided to the United States Bankruptcy Court and myself as Union Bank states:!   Since the rocks are personal property and not part of the real property that was sold at the trustee sale, there was no need to include the rocks in the valuation of the Oceano property or credit Mr. Bookout with the value of the rocks or disclose the rocks to the Bankruptcy Court.”

 

 

Sincerely 

 

 

Bill Bookout

 

CC Comptroller of the Currency Administrator of National Banks Case # 01944977 www.occquestions.com  and www.unionbank.me  

CC California Governor Jerry Brown www.governorjerrybrown.net   

CC Kamala D. Harris, California Attorney General

CC California State Bar

CC Richard Rossi

CC Chris Gautschi

CC Jeffery Frederick-Santa Barbara District Attorney Supervising Investigator

CC SBA National Ombudsman

hhh

 

From: Robert Forouzandeh [mailto:rforouzandeh@rppmh.com]
Sent: Tuesday, February 11, 2014 3:29 PM
To: Bill Bookout
Cc: Richard Rossi [richard@rossilegal.com] (
richard@rossilegal.com); Chris Gautschi (sanschromo@yahoo.com); Diana Lee
Subject: RE: In re William Arthur Bookout USBC Cen. Dist. CA.CaseNo.9:11-bk-15818 Union Banks Fraud, Breach of Contract and Perjury

 

Mr. Bookout:

 

As you requested, please find attached a copy of your 2012 Form 1099-A.

 

If you have any questions please feel free to contact me to discuss.

 

 

Robert B. Forouzandeh

Attorney at Law

Reicker, Pfau, Pyle & McRoy LLP

1421 State Street, Suite B

Santa Barbara, CA  93101

 

Tel:  805-966-2440

Fax:  805-966-3320

E-mail: rforouzandeh@rppmh.com

Website:  www.reickerpfau.com

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

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

 

 

From: Bill Bookout [mailto:pismobeachdiveshop@charter.net]
Sent: Thursday, February 06, 2014 4:26 PM
To: 'Robert Forouzandeh';
mjbarbeau@rppmh.com; dlee@rppmh.com
Cc: 'richard@rossilegal.com'; 'Chris Gautschi'; 'keithcarls@kcoy.com'; 'cj.ward@keyt.com'; 'pbrinks@cappellonoel.com'; 'legal@fdic.gov'; 'Lcannon@dfi.ca.gov'; 'ombudsman@fdic.gov'; 'Debra Hernandez'; 'Mendoza, Carlos G.'; 'pismobeachsurfshop@charter.net'; 'terrill.ashker@sba.gov'; 'bobj@westdalecapital.com'; 'shouchens@sbcourts.org'; 'da, sbcounty'; 'sandiego@sba.gov'; 'ombudsman@sba.gov'; 'adam.kaplan@sba.gov'; 'Nudson, Anne'; 'jill.hobby@sba.gov'; 'grady.hedgespeth@sba.gov'; 'sandra.mazzoni@sba.gov'
Subject: RE: In re William Arthur Bookout USBC Cen. Dist.CA.CaseNo.9:11-bk-15818 Union Banks Fraud, Breach of Contract and Perjury

 

February 6, 2014

 

Union Bank

Diana Jessup Lee--Robert B. Forouzandeh—Union Bank SBA Loan Representative’s

Attorney at Law

Reicker, Pfau, Pyle & McRoy LLP

1421 State Street, Suite B

Santa Barbara, CA  93101

Tel:  805-966-2440

 

Dear Union Bank Court Appointed SBA Loan Representative’s Diana Jessup Lee and Robert B. Forouzandeh,

 

Thank you for Union Banks February 6, 2014 response and a copy of Union Bank successor to SBB&T email to Chris Gautschi on April 2, 2012.  Explain as to why Union Bank successor to SBB&T never provided a copy of this email to my Attorney Richard Rossi or myself?  As you are fully aware, Union Bank is to account for this inventory in the IRS Form 1099-A!

 

Diana Jessup Lee--Robert B. Forouzandeh.  Explain as to why Union Bank successor to SBB&T did not provide this April 2, 2012 Email to the United States Bankruptcy Court?

 

I question as to why Union Bank successor to SBB&T would state:

 “Since the rocks are personal property and

not part of the real property that was sold at the trustee sale, there was no need to include the rocks in the valuation of the

Oceano property or credit Mr. Bookout with the value of the rocks or disclose the rocks to the Bankruptcy Court. The duty

of disclosure was solely Mr. Bookout's, which he has failed to do.”

 

I question as to why Union Bank successor to SBB&T would state: 

“2. The rocks are the personal property of Mr. Bookout which he left on the property after the trustee sale was

completed. SBBT does not want the rocks and will not sell them on behalf of Mr. Bookout. If Mr. Bookout wants to sell

his rocks, he can sell them himself. Since February 21, 2012, I have stated to you on multiple occasions, that Mr.

Bookout is free to enter the Oceano property and remove the rocks and/or any other personal property from the site. Mr.

Bookout has failed to do so. The bank wants the rocks removed so that it can sell the property. If Mr. Bookout fails to

remove the rocks, SBBT is going to hire someone to come and haul the rocks away. SBBT will not get paid for the

rocks and will have to incur costs for this removal.”

 

 

Diana Jessup Lee--Robert B. Forouzandeh. Please provide a copy of your February 21, 2012 communication with Richard Rossi and any communication in regards to Union Banks April 2, 2012 Email!  Explain this statement after Union Bank foreclosed on the Oceano Nursery property and inventory?

“3. Your contention that Mr. Bookout should be credited with the full value of the rocks is preposterous. First, SBBT does

not own the rocks, nor does it want to. Second, even if SBBT did hold title to the rocks, which it does not, as I have stated

to you on numerous occasions, SBBT is not in the landscape business and does not deal with the sale of landscape

rocks. To assume that SBBT could somehow obtain the wholesale, let alone, retail value for the rocks defies all

logic. Why would SBBT go through the effort of selling landscape rocks which do not belong to it and which it did not

foreclose upon. Your additional contention that SBBT should just let the rocks sit there for an indefinite period of time so

that Mr. Bookout can come and sell the rocks from SBBT's property is equally ridiculous. The bank is currently attempting

to sell the Oceano property. The presence of the rocks is interfering with that process and SBBT wants this issue taken

care of as soon as possible.”

 

Diana Jessup Lee--Robert B. Forouzandeh. Please explain as to why Union Bank successor to SBB&T choose not sell any of the Oceano Nursery inventory per Union Banks # A. Answer?

Explain as to why Union Bank # B has not credited toh Oceano Nursery SBA Loaned Inventory?

“I am going to summarize SBBT's position as follows:

A. SBBT will not sell any of the personal property, including the rocks, left on the Oceano property by Mr. Bookout.

B. SBBT will not give any credit to Mr. Bookout for any of the personal property, including the rocks, left on the Oceano

property by Mr. Bookout.

C. SBBT is in the process of getting bids for the removal of the rocks from the Oceano property so that it can sell the

Oceano property. The removal bids are simply for hauling away the rock and nothing else. SBBT will be paying for this

removal out of its own pocket and will not be getting paid in any way.

D. Even though Mr. Bookout has already abandoned the personal property and SBBT can dispose of it as it wishes, as

a gesture of good faith, if Mr. Bookout wants to sell the rocks or.any other personal property that he left behind on the

Oceano property, he is free to enter the site after providing me with 24 hours notice prior to his visit to remove any such

personal property and do whatever he wishes with the personal property that he left behind.

E. Once the bid for removal of the rocks is obtained and a date for removal is set, I will contact you and advise you

when the rocks will be removed and give Mr. Bookout one final chance to go and remove the rocks himself before they

are disposed of. Again, this is simply being done as a gesture of good faith as SBBT is under no duty or obligation to

provide notice prior to disposal of personal property left behind on the Oceano property by Mr. Bookout.”

 

“If you have any questions or dispute any of the facts that I have set forth above, I suggest you call me to talk through them

as opposed to sending me letters filled with unsupported facts and theories of law.”

 

Explain Union Banks # E comment after foreclosure of the Oceano Nursery inventory?

 

Diana Jessup Lee and Robert B. Forouzandeh, Again Thank you for Union Banks February 6, 2014 response and a copy of Union Bank successor to SBB&T email to Chris Gautschi on April 2, 2012.  Explain as to why Union Bank successor to SBB&T never provided a copy of this email to my Attorney Richard Rossi, myself or the United States Bankruptcy Court?  I am expecting full retail re-imbursement for the Oceano Nursery inventory sold by Union Bank successor to SBB&T. 

 

Again I am requesting  an answer to the questions that have been asked of Union Bank as seen below on January 28, 2013, February 14, 2013, February 2, 2014 and asked of California Governor Jerry Brown on February 6, 2013!  

 

 

Sincerely 

 

 

Bill Bookout

 

CC Comptroller of the Currency Administrator of National Banks Case # 01944977 www.occquestions.com  and www.unionbank.me  

CC California Governor Jerry Brown www.governorjerrybrown.net   

CC Kamala D. Harris, California Attorney General

CC California State Bar

CC Richard Rossi

CC Chris Gautschi

CC Jeffery Frederick-Santa Barbara District Attorney Supervising Investigator

CC SBA National Ombudsman

 

 

From: Robert Forouzandeh [mailto:rforouzandeh@rppmh.com]
Sent: Thursday, February 06, 2014 2:22 PM
To: Bill Bookout
Cc: Diana Lee; Richard Rossi [richard@rossilegal.com](
richard@rossilegal.com); Chris Gautschi(sanschromo@yahoo.com)
Subject: RE: In re William Arthur Bookout USBC Cen. Dist.CA.CaseNo.9:11-bk-15818 Union Banks Fraud, Breach of Contract and Perjury

 

Mr. Bookout:

 

Although we have previously provided the April 2, 2012 correspondence to both you and your attorney, I am sending it to you again as a professional courtesy and it is attached to this email.

 

As to Form 1099-C, Union Bank’s voluntary decision to waive a certain portion of the fees on your loan as a courtesy, did not qualify as an “identifiable event” which would require the issuance of a Form 1099-C. 

 

Please contact me if you have any further questions.


Robert 

 

From: Bill Bookout [mailto:pismobeachdiveshop@charter.net]
Sent: Thursday, February 06, 2014 2:04 PM
To: Robert Forouzandeh; Mary Jo Barbeau; Diana Lee
Cc:
richard@rossilegal.com; 'Chris Gautschi'; keithcarls@kcoy.com; cj.ward@keyt.com; pbrinks@cappellonoel.com; legal@fdic.gov; Lcannon@dfi.ca.gov; ombudsman@fdic.gov; 'Debra Hernandez'; 'Mendoza, Carlos G.'; pismobeachsurfshop@charter.net; terrill.ashker@sba.gov; bobj@westdalecapital.com; shouchens@sbcourts.org; da, sbcounty; sandiego@sba.gov; ombudsman@sba.gov; adam.kaplan@sba.gov; Nudson, Anne; jill.hobby@sba.gov; grady.hedgespeth@sba.gov; sandra.mazzoni@sba.gov
Subject: RE: In re William Arthur Bookout USBC Cen. Dist. CA.CaseNo.9:11-bk-15818 Union Banks Fraud, Breach of Contract and Perjury

 

February 6, 2014

 

Union Bank

Diana Jessup Lee--Robert B. Forouzandeh—Union Bank SBA Loan Representative’s

Attorney at Law

Reicker, Pfau, Pyle & McRoy LLP

1421 State Street, Suite B

Santa Barbara, CA  93101

Tel:  805-966-2440

 

Dear Union Bank Court Appointed SBA Loan Representative’s Diana Jessup Lee and Robert B. Forouzandeh,

 

Thank you for Union Banks February 6, 2014 response below!  Again, please answer the questions that have been asked of Union Bank as seen below on January 28, 2013, February 14, 2013, February 2, 2014 and asked of California Governor Jerry Brown on February 6, 2013!  Per the Comptroller of the Currency Administrator of National Banks Case # 01944977 January 17, 2014 letter.   Please review your June 27, 2013 per your February 6, 2014 statement Below regarding IRS Form 1099-C  Furthermore, as you will see, Union Bank, and its predecessors, although never obligated to do so, have waived $14,984.80 in various fees over the course of your loan which discredits your baseless claims of impropriety with regards to the handling of the loan. “

 

Attached is Union Banks Falsified June 25, 2014 Loan Transaction history against Union Bank successor to SBB&T August 29, 2011 Loan Transaction History as presented to the United States Bankruptcy Court by Richard Rossi.  Union Bank claims February 22, 2012 Attorney Fees of $57,676.17 -- Against IRS Form 1099-A Rules as seen in Union Banks June 25, 2014 Loan Transaction History!

02/22/2012 Foreclosure Payment $57,676.17 5.250% 0 42.8088 $0.00 ($57,676.17) $297,622.87 $757.64 $0.00 $15,984.57”

 

09/16/2011 Late Charge $206.05 5.250% 17 57.6727 $980.44 $206.05 $400,962.89 $36,288.55 $6,919.46 $22,730.45

10/11/2011 Regular Payment $4,121.06 5.250% 25 57.6727 $1,441.82 $4,121.06 $0.00 $400,962.89 $33,609.31 $6,919.46 $22,730.45

11/03/2011 11/04/2011 Regular Payment $4,121.06 5.250% 23 57.6727 $1,326.47 $4,121.06 $0.00 $400,962.89 $30,814.72 $6,919.46 $22,730.45

12/12/2011 Fee Charge $101.74 5.250% 39 57.6727 $2,249.24 $101.74 $400,962.89 $33,063.96 $6,919.46 $22,832.19

12/26/2011 Late Charge Waived $6,919.46 5.250% 14 57.6727 $807.42 ($6,919.46) $400,962.89 $33,871.38 $0.00 $22,832.19

 

Diana Jessup Lee--Robert B. Forouzandeh, Again, Please immediately provide a copy of Yours and Union Banks April 2, 2012 inventory letter as requested!  You and Union Bank State February 6, 2014:   Finally, the April 2, 2012 letter that you refer to was sent to your attorney.  He should have a copy of it in his records.”

 

 

Sincerely 

 

 

Bill Bookout

 

CC Comptroller of the Currency Administrator of National Banks Case # 01944977 www.occquestions.com  and www.unionbank.me  

CC California Governor Jerry Brown www.governorjerrybrown.net   

CC Kamala D. Harris, California Attorney General

CC California State Bar

CC Richard Rossi

CC Chris Gautschi

CC Jeffery Frederick-Santa Barbara District Attorney Supervising Investigator

CC SBA National Ombudsman

 

From: Robert Forouzandeh [mailto:rforouzandeh@rppmh.com]
Sent: Thursday, February 06, 2014 12:39 PM
To: Bill Bookout
Cc: Diana Lee; Richard Rossi [richard@rossilegal.com](
richard@rossilegal.com); Chris Gautschi(sanschromo@yahoo.com)
Subject: RE: In re William Arthur Bookout USBC Cen. Dist. CA.CaseNo.9:11-bk-15818 Union Banks Fraud, Breach of Contract and Perjury

 

Mr. Bookout:

 

Your request for a copy of your 2012 Form 1099-A has been received and is being processed.  Union Bank is in the process of obtaining a copy of this form from its archives.  Once it is procured, I will forward it to you.

 

As to your request for a 2012 Form 1099-C no such form was ever generated as Union Bank never cancelled any portion of your loan. 

 

Finally, the April 2, 2012 letter that you refer to was sent to your attorney.  He should have a copy of it in his records.

 

Please contact me if you have any further 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: Bill Bookout [mailto:pismobeachdiveshop@charter.net]
Sent: Thursday, February 06, 2014 11:48 AM
To: Robert Forouzandeh; Mary Jo Barbeau; Diana Lee
Cc:
richard@rossilegal.com; 'Chris Gautschi'; keithcarls@kcoy.com; cj.ward@keyt.com; pbrinks@cappellonoel.com; legal@fdic.gov; Lcannon@dfi.ca.gov; ombudsman@fdic.gov; 'Debra Hernandez'; 'Mendoza, Carlos G.'; pismobeachsurfshop@charter.net; terrill.ashker@sba.gov; bobj@westdalecapital.com; shouchens@sbcourts.org; da, sbcounty; sandiego@sba.gov; ombudsman@sba.gov; adam.kaplan@sba.gov; Nudson, Anne; jill.hobby@sba.gov; grady.hedgespeth@sba.gov; sandra.mazzoni@sba.gov
Subject: RE: In re William Arthur Bookout USBC Cen. Dist. CA. CaseNo.9:11-bk-15818 Union Banks Fraud, Breach of Contract and Perjury

 

February 6, 2014

 

Union Bank

Diana Jessup Lee--Robert B. Forouzandeh—Union Bank SBA Loan Representative’s

Attorney at Law

Reicker, Pfau, Pyle & McRoy LLP

1421 State Street, Suite B

Santa Barbara, CA  93101

Tel:  805-966-2440

 

Dear Union Bank Court appointed SBA Loan Representative’s Diana Jessup Lee and Robert B. Forouzandeh,

 

RE; Union Banks June 25, 2013 Loan Transaction History and questions previously asked of Union Bank:

 

Again , Please immediately provide a copy of Union Bank successor to SBB&T, Small Business Administration (SBA) PLP loan # 664-196-4009)--- 2012 IRS 1099 Form A and IRS 1099 Form C.  Please see attached below---- Union Banks responsibilities per IRS Regulations Box 1-6 along with Form 1099-C!

 

Please provide an accounting of the Oceano Nursery inventory foreclosed on as acknowledged by Diana Jessup Lee in 2013 in her January 8, 2013 letter.  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.” 

 

Please immediately provide a copy of the April 2, 2012 letter claimed by Diana Jessup Lee on January 8, 2013!

 

Sincerely 

 

 

Bill Bookout

 

CC Comptroller of the Currency Administrator of National Banks Case # 01944977 www.occquestions.com  and www.unionbank.me  

CC California Governor Jerry Brown www.governorjerrybrown.net   

CC Kamala D. Harris, California Attorney General

CC California State Bar

CC Richard Rossi

CC Chris Gautschi

CC Jeffery Frederick-Santa Barbara District Attorney Supervising Investigator

CC SBA National Ombudsman

 

 

Box 1. Date of Lender's Acquisition or Knowledge of Abandonment

For an acquisition, enter the date you acquired the secured property. An interest in the property generally is acquired on the earlier of the date title is transferred to the lender or the date possession and the burdens and benefits of ownership are transferred to the lender. If an objection period is provided by law, use the date the objection period expires. If you purchase the property at a sale held to satisfy the debt, such as at a foreclosure or execution sale, use the later of the date of sale or the date the borrower's right of redemption, if any, expires.

For an abandonment, enter the date you knew or had reason to know that the property was abandoned unless you expect to commence a foreclosure, execution, or similar action within 3 months, as explained earlier. If a third party purchases the property at a foreclosure, execution, or similar sale, the property is treated as abandoned, and you have reason to know of its abandonment on the date of sale.

 

 

Box 2. Balance of Principal Outstanding

Enter the balance of the debt outstanding at the time the interest in the property was acquired or on the date you first knew or had reason to know that the property was abandoned. Include only unpaid principal on the original debt. Do not include accrued interest or foreclosure costs.

 

 

Box 4. Fair Market Value (FMV) of Property

For a foreclosure, execution, or similar sale, enter the FMV of the property. See Temporary Regulations section 1.6050J-1T, Q/A-32. Generally, the gross foreclosure bid price is considered to be the FMV. If an abandonment or voluntary conveyance to the lender in lieu of foreclosure occurred and you placed an “X” in the checkbox in box 5, enter the appraised value of the property. Otherwise, make no entry in this box.

 

 

Box 5. Was Borrower Personally Liable for Repayment of the Debt

If the borrower was personally liable for repayment of the debt at the time the debt was created or, if modified, at the time of the last modification, enter an “X” in the checkbox.

 

 

Box 6. Description of Property

Enter a general description of the property. For real property, generally you must enter the address of the property, or, if the address does not sufficiently identify the property, enter the section, lot, and block.

For personal property, enter the applicable type, make, and model. For example, describe a car as “Car—2009 Honda Accord.” Use a category such as “Office Equipment” to describe more than one piece of personal property, such as six desks and seven computers. Enter “CCC” for crops forfeited on Commodity Credit Corporation loans.

 

Coordination With Form 1099-C

If, in the same calendar year, you cancel a debt in connection with a foreclosure or abandonment of secured property, it is not necessary to file both Form 1099-A and Form 1099-C, Cancellation of Debt, for the same debtor. You may file Form 1099-C only. You will meet your Form 1099-A filing requirement for the debtor by completing boxes 4, 5, and 7 on Form 1099-C. However, if you file both Forms 1099-A and 1099-C, do not complete boxes 4, 5, or 7 on Form 1099-C. See the instructions for Form 1099-C, later.

 

Property

Property means any real property (such as a personal residence), any intangible property, and tangible personal property except:

 

No reporting is required for tangible personal property (such as a car) held only for personal use. However, you must file Form 1099-A if the property is totally or partly held for use in a trade or business or for investment.

No reporting is required if the property securing the loan is located outside the United States and the borrower has furnished the lender a statement, under penalties of perjury, that the borrower is an exempt foreign person (unless the lender knows that the statement is false).

 

 

Coordination With Form 1099-A

If, in the same calendar year, you cancel a debt of $600 or more in connection with a foreclosure or abandonment of secured property, it is not necessary to file both Form 1099-A, Acquisition or Abandonment of Secured Property, and Form 1099-C for the same debtor. You may file Form 1099-C only. You will meet your Form 1099-A filing requirement for the debtor by completing boxes 4, 5, and 7 on Form 1099-C. However, you may file both Forms 1099-A and 1099-C; if you do file both forms, do not complete boxes 4, 5, or 7 on Form 1099-C. See the instructions for Form 1099-A, earlier, and Box 4, Box 5, and Box 7, later.

 

Who Must File

File Form 1099-C if you are:

                       

A financial institution described in section 581 or 591(a) (such as a domestic bank, trust company, building and loan or savings and loan association).

 

A credit

 

 

From: Bill Bookout [mailto:pismobeachdiveshop@charter.net]
Sent: Sunday, February 02, 2014 1:25 PM
To: 'Robert Forouzandeh';
mjbarbeau@rppmh.com; dlee@rppmh.com
Cc: 'Richard Rossi [richard@rossilegal.com] (
richard@rossilegal.com)'; 'Chris Gautschi (sanschromo@yahoo.com)'; 'keithcarls@kcoy.com'; 'cj.ward@keyt.com'; 'pbrinks@cappellonoel.com'; 'legal@fdic.gov'; 'Lcannon@dfi.ca.gov'; 'ombudsman@fdic.gov'; 'Debra Hernandez' (debra@rossilegal.com); 'Mendoza, Carlos G.' (Carlos.Mendoza@sba.gov); 'pismobeachsurfshop@charter.net'; 'terrill.ashker@sba.gov'; 'bobj@westdalecapital.com'; 'shouchens@sbcourts.org'; da, sbcounty (sbcountyda@co.santa-barbara.ca.us); sandiego@sba.gov; ombudsman@sba.gov; Kaplan, Adam D.(Off. Inspector Gen.) <adam.kaplan@sba.gov> (adam.kaplan@sba.gov); Nudson, Anne (anudson@co.santa-barbara.ca.us); Hobby, Jill C. <jill.hobby@sba.gov> (jill.hobby@sba.gov); grady.hedgespeth@sba.gov; 'sandra.mazzoni@sba.gov'
Subject: RE: In re William Arthur Bookout USBC Cen. Dist. CA. CaseNo.9:11-bk-15818 Union Banks Fraud, Breach of Contract and Perjury

 

February 2, 2014

 

Diana Jessup Lee--Robert B. Forouzandeh—Union Bank SBA Loan Representative’s

Attorney at Law

Reicker, Pfau, Pyle & McRoy LLP

1421 State Street, Suite B

Santa Barbara, CA  93101

Tel:  805-966-2440

 

Dear Union Bank Court appointed SBA Loan Representative’s Diana Jessup Lee and Robert B. Forouzandeh,

 

Diana Jessup Lee--Robert B. Forouzandeh, Thank you for your Union Bank response on January 31, 2013 as seen below! The Oceano Property was acquired at a Trustee Sale.  Pursuant to IRS regulations, a Form 1099-S is not required to be generated under such circumstances.”  Please immediately provide a copy of the IRS Form 1099 A—As seen in the Jeffery Frederick-Santa Barbara District Attorney Supervising Investigator email to California Governor Jerry Brown on February 6, 2013.  As seen at www.governorjerrybrown.net   

 

RE; Union Banks January 23, 2014 email and the Comptroller of the Currency Administrator of National Banks Case # 01944977 January 17, 2014 letter.  Union Bank successor to SBB&T, had claimed to the Comptroller of the Currency Administrator of National Banks Case # 01394465 per the OCC June 30, 2011 letter, that the 2007 five payments totaling $22,274.46 were applied to accrued and unpaid interest against Union Banks June 25, 2013 new and changed Loan Transaction History.

I have attached below a copy of the February 14, 2013 questions asked of Union Bank and the February 6, 2013 questions asked of California Governor Jerry Brown per the Comptroller of the Currency Administrator of National Banks Case # 01944977 January 17, 2014 letter.  Please have Union Bank answer each and every question per Union Bank successor to SBB&T Fraud to the Comptroller of the Currency Administrator of National Banks Case # 01394465 and Case # 770567!

Union Bank successor to SBB&T, had claimed to the Comptroller of the Currency Administrator of National Banks Case # 770567 per the OCC July 16, 2008 letter, that Union Bank successor to SBB&T was to “disburse $22,274.46 to pay towards the monthly principal and interest payments owing on the Note for the earliest five past due monthly payments (May 2006, June 2006, July 2007 and August 2006).”  This was never done as seen in Union Bank successor to SBB&T August 29, 2011 Loan Transaction History known to the Comptroller of the Currency Administrator of National Banks and Union Banks online loan transaction history up to November 4, 2011?  Union Bank admits June 27, 2013 to changing Union Bank Loan Transaction History’s as stated As a result, this current history may vary from statements and other documents you may have received in the past which were calculated using the terms of the Forbearance Agreement.  Additionally, this document will not match the amortization schedules which were previously provided to you, because as I have repeatedly told you, amortization schedules set forth the schedule of future payments on a loan if the terms of the loan are adhered to i.e. they are forward looking.” 

 

I am requesting an explanation from Union Bank as to why Union Bank did not RE-Amortize the Oceano Nursery SBA loan per Union Banks January 22, 2014 payment notice as Union Bank had done the prior year and in front of Judge Robin L. Riblet?

 

Attached is Union Bank successor to SBB&T March 30, 2012 Perjury in front of the United States Bankruptcy Court Judge Robin L. Riblet against Union Bank successor to SBB&T—August 29, 2011 SBA Form 1149--IRS 1098 Forms for 2007, 2008, 2009, 2010 along with Union Bank successor to SBB&T September 23, 2011 Payment notice showing Union Banks Fraud, Perjury and Breach of Contract!

 

Diana Jessup Lee and Robert B. Forouzandeh, Please immediately provide a copy of Union Banks 2012 IRS Form 1099-A for the purchase of the Union Bank successor to SBB&T-- Oceano Nursery SBA Loaned Property and Inventory at the forced foreclosure sale in 2012..  RE: Comptroller of the Currency Administrator of National Banks Case # 01944977 Questions. 

Sincerely 

 

 

Bill Bookout

 

CC Comptroller of the Currency Administrator of National Banks Case # 01944977 www.occquestions.com  and www.unionbank.me  

CC California Governor Jerry Brown www.governorjerrybrown.net   

CC Kamala D. Harris, California Attorney General

CC California State Bar

CC Richard Rossi

CC Chris Gautschi

CC Jeffery Frederick-Santa Barbara District Attorney Supervising Investigator

CC SBA National Ombudsman

 


 

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

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

CC Santa Barbara Superior Court Denise Motter  Case # 1381216

CC Michelle Sabado

 


 

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: Friday, January 31, 2014 10:24 AM
To: Bill Bookout
Cc: Richard Rossi [richard@rossilegal.com] (
richard@rossilegal.com); Chris Gautschi (sanschromo@yahoo.com)
Subject: RE: In re William Arthur Bookout USBC Cen. Dist. CA. CaseNo.9:11-bk-15818

 

Mr. Bookout:

 

The Oceano Property was acquired at a Trustee Sale.  Pursuant to IRS regulations, a Form 1099-S is not required to be generated under such circumstances.

 

 

Robert B. Forouzandeh

Attorney at Law

Reicker, Pfau, Pyle & McRoy LLP

1421 State Street, Suite B

Santa Barbara, CA  93101

 

Tel:  805-966-2440

Fax:  805-966-3320

E-mail: rforouzandeh@rppmh.com

Website:  www.reickerpfau.com

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

 

 

From: Bill Bookout [mailto:pismobeachdiveshop@charter.net]
Sent: Tuesday, January 28, 2014 3:08 PM
To: Robert Forouzandeh; Diana Lee;
ptrujillo@ch13wla.com
Cc:
sanschromo@yahoo.com; Richard Rossi; keithcarls@kcoy.com; cj.ward@keyt.com; 'da, sbcounty'; pbrinks@cappellonoel.com; legal@fdic.gov; Lcannon@dfi.ca.gov; 'San Diego General Box'; ombudsman@fdic.gov; 'SBA National Ombudsman'; 'Kaplan, Adam D.(Off. Inspector Gen.)'; 'Nudson, Anne'; 'Debra Hernandez'; 'Mendoza, Carlos G.'; 'Hobby, Jill C.'; pismobeachsurfshop@charter.net; 'Hedgespeth, Grady'; terrill.ashker@sba.gov; 'Fredericks, Jeffrey'; bobj@westdalecapital.com; shouchens@sbcourts.org
Subject: RE: In re William Arthur Bookout USBC Cen. Dist. CA. Case No.9:11-bk-15818

 

January 28, 2014

 

Diana Jessup Lee--Robert B. Forouzandeh—Union Bank SBA Loan Representative’s

Attorney at Law

Reicker, Pfau, Pyle & McRoy LLP

1421 State Street, Suite B

Santa Barbara, CA  93101

Tel:  805-966-2440

 

Dear Union Bank SBA Loan Representative’s Diana Jessup Lee and Robert B. Forouzandeh,

 

RE; Union Banks January 23, 2014 email and January 17, 2014 Comptroller of the Currency Administrator of National Banks Case # 01944977 letter.

 

Please provide a copy of Union Banks 2012 IRS Form 1099-S for the purchase of the Oceano Nursery SBA Loaned property at the forced foreclosure sale in 2012..  RE: Comptroller of the Currency Administrator of National Banks Case # 01944977.

 

Please provide a copy of the April 2, 2012 Oceano Nursery inventory letter as Diana Jessup Lee mentioned in her January 8, 2013 letter.  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.” 

 

I ask the Union Bank through the Comptroller of the Currency Administrator of National Banks Case # 01944977 as to why Union Bank in their June 25, 2013 Loan Transaction History has been allowed to change and improperly amortize the Oceano Nursery SBA Loan as also seen in the August 29, 2011 Loan Transaction History known to the Comptroller of the Currency Administrator of National Banks Case # 01944977 and Union Bank successor to SBB&T online loan transaction history up to November 4, 2011?

Date

Description

Category

Debit

Credit

Balance

11/4/2011

EFF 11/03/2011

 

 

$4,121.06

$390,996.91

10/11/2011

Regular Payment

 

 

$4,121.06

$390,996.91

9/16/2011

Automatic

 

$206.05

 

$390,996.91

8/30/2011

Review Fee

 

$650.00

 

$390,996.91

8/30/2011

Commercial Appraisal Fee

 

$4,000.00

 

$390,996.91

8/30/2011

Review fee

 

$650.00

 

$390,996.91

8/30/2011

Commercial Appraisal

 

$3,500.00

 

$390,996.91

8/16/2011

Automatic

 

$206.05

 

$390,996.91

7/18/2011

Automatic

 

$206.05

 

$390,996.91

6/23/2011

Legal Fee

 

$25.00

 

$390,996.91

6/16/2011

Automatic

 

$206.05

 

$390,996.91

5/24/2011

Legal Fee

 

$575.00

 

$390,996.91

5/16/2011

Automatic

 

$206.05

 

$390,996.91

4/18/2011

Automatic

 

$206.05

 

$390,996.91

4/8/2011

EFF 03/23/2011 Legal Fee Inv #30117

 

$2,150.00

 

$390,996.91

 

 

I ask Union Bank through the Comptroller of the Currency Administrator of National Banks Case # 01944977 as to how Union Bank in their June 25, 2013 Loan Transaction History, has been allowed during forced Bankruptcy on December 26, 2011 to change the December 15, 2011 Loan Transaction History provided to the United States Bankruptcy Court by Richard Rossi on December 15, 2011?

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

 

I ask Union Bank through the Comptroller of the Currency Administrator of National Banks Case # 01944977 for an explanation as to how Union Bank Successor to SBB&T has been allowed during forced Bankruptcy to file a Fraudulent Claim against 18 U.S.C. –152 and 3571 per Union Banks Successor to SBB&T January 6, 2012 Proof of Claim? 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)).  Richard Rossi, has provided to the United States Bankruptcy Court on December 15, 1011 a copy of Union Bank Successor to SBB&T August 29, 2011 SBA Form 1149 (Loan Transaction History) showing Union Banks Fraud, Perjury and Breach of Contract against Union Banks now claimed and changed June 25, 2013 Loan Transaction History. 

 

I ask Union Bank through the Comptroller of the Currency Administrator of National Banks Case # 01944977 as to why Union Bank Successor to SBB&T would pay themselves $73,599.09 in Attorney fees for SBB&T filing a Fraudulent NOD per Union Banks June 25, 2013 changed Loan Transaction History, May 6, 2011 Amortization Schedules, May 19, 2011 NOD, May 19, 2011 Letter and emails from Diana Jessup Lee.

 

I ask Union Bank through the Comptroller of the Currency Administrator of National Banks Case # 01944977 as to why Union Bank Successor to SBB&T has been allowed during Bankruptcy to claim in their two (Proof of Claims) to Judge Robin L. Riblet a principal balance of $400,962.89 against Union Bank successor to SBB&T November 4, 2011 online (Loan Transaction History of $390,996.91 and Union Banks August 29, 2011 Loan Transaction History as presented to Judge Robin L. Riblet by Richard Rossi?  Does the United States Bankruptcy Court allow California Banks to just ad on $9,965.98 to SBA Loan Debts during bankruptcy before creditors are paid and then pay themselves $57,676.16 in unaccounted for Attorney fees before creditors?  Please see questions asked December 4, 2013.

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

 

 

 

I ask Union Bank through the Comptroller of the Currency Administrator of National Banks Case # 01944977 as to why Union Bank Successor to SBB&T has been allowed during Bankruptcy to charge $26,500.00 as a standard 10% Bank Foreclosure fee and then $39,750.00 to fix up the Oceano Nursery property after foreclosure, per Union Banks Exhibit A-22 email to Chris Gautschi on February 21, 2012? 

 

I ask Union Bank through the Comptroller of the Currency Administrator of National Banks Case # 01944977 for an explanation as to how Union Bank Successor to SBB&T in their January 6, 2012 Proof of Claim, has been allowed during Bankruptcy to fraudulently claim $45,171.20 owed in deferred and defaulted payments against Union Banks own June 25, 2013 Loan Transaction History?  I am asking as to how Union Bank can amortize unpaid principal into a SBA Loan per Union Banks two Proof of Claims of $45,171.20 owed. 

 

I ask Union Bank through the Comptroller of the Currency Administrator of National Banks Case # 01944977 as to why Union Bank Successor to SBB&T has done with the extra principal paid, per the 2011 online Loan Transaction Histories and Union Banks August 29, 2011 Loan Transaction History as presented to Judge Robin L. Riblet by Richard Rossi on December 15, 2011?  Union Bank states in their emails below on February 28, 2013 against Union Banks June 27, 2013 email:   IRS 1098 Forms and amortization schedules are two different things with different purposes.  Our May 6, 2011 amortization schedule is accurate.”

 

I ask Union Bank through the Comptroller of the Currency Administrator of National Banks Case # 01944977 as to what Union Bank Successor to SBB&T has done with the extra principal paid with the Oceano Nursery SBA Loan; improperly amortized from $472,941.06 since 2007 with a monthly payment of $4,121.06 per month up to November 4, 2011?

 

Attached are Union Banks emails on June 27, 2013—May 23, 2013—February 28, 2013--February 13, 2013—January 24, 2013 and January 28, 2013 showing Union Banks SBA Loan Fraud, Perjury and Breach of Contract and need to have all questions asked of Union Bank answered through the Comptroller of the Currency Administrator of National Banks Case # 01944977.

 

Sincerely 

 

 

Bill Bookout

 

CC Richard Rossi

CC Chris Gautschi

CC Jeffery Frederick-Santa Barbara District Attorney Supervising Investigator

CC WESTDALE Capital

CC SBA National Ombudsman

 

 

From: Robert Forouzandeh [mailto:rforouzandeh@rppmh.com]
Sent: Thursday, June 27, 2013 3:04 PM
To: Bill Bookout
Cc: Chris Gautschi (
sanschromo@yahoo.com); RichardRossi [richard@rossilegal.com] (richard@rossilegal.com)
Subject: RE: In re William Arthur Bookout USBC Cen. Dist.CA.CaseNo.9:11-bk-15818

 

Mr. Bookout:

 

As you requested, I am providing you with a complete transaction history of your loan current as of June 25, 2013.  As we have repeatedly told you, when you defaulted on the Forbearance Agreement it was rescinded and your loan was recalculated as though none of the benefits in the Forbearance Agreement had ever been provided.  As a result, this current history may vary from statements and other documents you may have received in the past which were calculated using the terms of the Forbearance Agreement.  Additionally, this document will not match the amortization schedules which were previously provided to you, because as I have repeatedly told you, amortization schedules set forth the schedule of future payments on a loan if the terms of the loan are adhered to i.e. they are forward looking.  Amortization schedules do not take into account missed payments, late payments, fees incurred etc.

 

Furthermore, as you will see, Union Bank, and its predecessors, although never obligated to do so, have waived $14,984.80 in various fees over the course of your loan which discredits your baseless claims of impropriety with regards to the handling of the loan. 

 

 

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, May 23, 2013 5:30 PM
To: Bill Bookout
Subject: Santa Barbara Superior Court Case # 1381216

 

Mr. Bookout,

 

The Real Estate Settlement Practice Act is not applicable to loans made for business purposes.  The Truth in Lending Act requires a lender to disclose certain pieces of information to a borrower prior to extending credit.  Your SBA loan was funded in 2003.  Therefore your “Full RESPA and Truth in Lending Act request” is unintelligible.

 

Your May 13, 2013 letter sent directly to Union Bank, your May 16, 2013 and your May 23, 2013 online correspondences sent to Union Bank, all of which were filled with false accusations about your loan constituted three additional violations of the Restraining Order entered in the above entitled action.  On numerous occasions, I have demanded that you cease contacting Union Bank directly and to comply with the terms of the Restraining Order by directing all communications pertaining to your loan to either Diana Jessup Lee or me.  To date, Ms. Lee and I have repeatedly answered your questions.  Your continuing violations of the Restraining Order are not justified and will no longer be tolerated.

 

Furthermore, I have been notified that you telephoned my office this afternoon and were verbally abusive to two members of our staff.  In the future, if you contact this office via telephone, I demand that you treat all staff members with civility and respect.  It is this type of conduct on your part which led to the Restraining Order being issued.

 

If you contact Union Bank directly again, your violation will be reported to the Court and will subject you to contempt proceedings.   

 

 

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, February 28, 2013 5:18 PM
To: Bill Bookout
Cc: Richard Rossi [richard@rossilegal.com] (
richard@rossilegal.com); Chris Gautschi (sanschromo@yahoo.com)
Subject: RE: Union Bank SBA PLP Loan Fraud as presented by Union Bank to theSanta Barbara Superior Court Commissioner Denise Motter. Case # 1381216

 

Mr. Bookout,

 

Here are the answers to your questions posed below:

 

  1.  On February 19, 2013, I sent your February 2013 Billing Statement to your attorney.  The March statement will be sent to your attorney in late-March when it is prepared.
  2. The attorneys’ fees credited as a result of the foreclosure of the Oceano property were credited as provided in your Deed of Trust.  This process was supervised by the Bankruptcy Court.
  3. SBBT required no such thing.
  4. SBBT did not breach the 2007 Forbearance Agreement.
  5. In response to your question pertaining to your 2007 IRS Form 1098:  As a result of your many defaults on your loan, there have been many changes to your loan calculations.  The settlement you negotiated in the 2007 Forbearance Agreement was very unique and benefitted you in ways that were contrary to your loan terms, as well as the bank’s standard procedures.  The department which sends out the IRS Forms 1098, which is separate from the department that handles your loan, was not aware of the more favorable terms given to you.  The interest amount listed in the 2007 Form 1098 does not affect how your loan has been credited or amortized by SBBT. 
  6. SBBT did not commit fraud.
  7. IRS 1098 Forms and amortization schedules are two different things with different purposes.  Our May 6, 2011 amortization schedule is accurate.

 

 

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, 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

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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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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, January 23, 2014 3:18 PM
To: Bill Bookout (
Pismobeachdiveshop@charter.net)
Cc: Chris Gautschi (
sanschromo@yahoo.com); RichardRossi [richard@rossilegal.com] (richard@rossilegal.com)
Subject: In re William Arthur Bookout USBC Cen. Dist. CA. Case No.9:11-bk-15818

 

Mr. Bookout,

 

Union Bank, formerly, Santa Barbara Bank & Trust hereby submits the following monthly loan statement for your loan for the month of January 2014. 

 

If you have any questions please feel free to contact me.

 

 

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, 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

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

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, 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

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

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, 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

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

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, January 18, 2012 3:30 PM
To: Bill Bookout
Cc: Richard Rossi; Diana Lee; Karen Grant
Subject: RE: Bookout/PCB Mediation per thier Bank Fraud and Breach of Contract since 2007

 

Mr. Bookout:

 

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

 

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

 

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

 

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

 

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

 

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

 

Robert B. Forouzandeh

Attorney at Law

Reicker, Pfau, Pyle & McRoy LLP

1421 State Street, Suite B

Santa Barbara, CA  93101

 

Tel:  805-966-2440

Fax:  805-966-3320

E-mail: rforouzandeh@rppmh.com

Website:  www.reickerpfau.com

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

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


From: 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

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

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: 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

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

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, June 03, 2011 10:04 AM
To: Bill Bookout
Subject: RE: Bookout/PCB Mediation per thier Bank Fraud and Breach of Contract since 2007

 

Dear Mr. Bookout:

 

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

 

Diana Jessup Lee, Esq.

Reicker, Pfau, Pyle & McRoy LLP

1421 State Street, Suite B

Santa Barbara, CA  93101

 

Tel:  805-966-2440

Fax:  805-966-3320

E-mail: dlee@rppmh.com

Website:  www.reickerpfau.com

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

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


From: 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
Description: Description: Description: Description: Description: Description: Description: Description: Description: Description: Description: Description: Description: Description: Description: Description: Description: Description: Description: Description: Description: Description: Description: Description: Description: Description: Description: Description: Description: Description: Description: Description: Description: Description: Description: Description: Description: Description: Description: Description: Description: Description: Description: Description: Description: Description: Description: Description: Description: Description: Description: Description: Description: Description: Description: Description: Description: Description: Description: Description: Description: Description: Description: Description: Description: Description: Description: Description: Description: Description: Description: Description: Description: Description: Description: Description: Description: Description: Description: cid:667363422@31082011-32F2

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)   

 
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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

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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

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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