Diana Jessup Lee States June 3, 2011 for SBBT and it's board of Directors, after asking questions of SBBT. "The questions you ask are answered with full explanations in my letters to you dated May 6 and 19, 2011."
Santa Barbara Bank & Trust against the June 30, 2011 OCC findings have prepared a differn't accounting as seen in this May 5, 2011 amortization schedule pdf. This amortization schedule compleatly goes against, the OCC findings PDF on June 30, 2011.
Sharon Gilstrap of the OCC has stated that there is nothing the OCC can do about Santa Barbara Bank & Trusts Fraudulent actions on May 19, 2011 other then higher an attorney! The OCC needs to see that the questions asked below are answered!
SBA FOIA Documents December 20, 2011 PDF Showing Santa Barbara Bank & Trusts Board of Directors January 14, 2011 and May 19, 2011 Notice of Defaults to be Fraudulent!
From: Bill Bookout [mailto:Pismobeachdiveshop@charter.net]
Sent: Wednesday, January 04, 2012 4:57 PM
To: 'ombudsman@sba.gov'
Cc: 'legal@fdic.gov'
Subject: RE: Bookout/PCB Mediation per thier Bank Fraud and Breach of Contract since 2007
January 4, 2012
Office of the Comptroller of the Currency Case # 01394465
1301 McKinney Street, Suite 3450
Houston, Texas 77010-9050
Fax # 713-336-4301
Office of the Comptroller of the Currency Complaint Re: Case # 01394465 Case # 01944977
Please see that the 10 questions asked below of Diana Jessup Lee are answered by Santa Barbara Bank & Trust per the June 30, 2011 Office of the Comptroller of the Currency letter!
Attached is the SBBT May 19, 2011 Accounting and Restraining Order Threat.
Attached is the OCC June 30, 2011 Letter showing SBBT Bank Records that are different, then claimed in the May 19, 2011 NOD.
Attached is the SBBT May 6, 2011 Letter.
Please explain as to why the May 19, 2011 letter from Diana Jessup Lee is different then the June 30, 2011 Office of the Comptroller of the Currency accounting? How can Santa Barbara Bank & Trust claim they are owed $45,171.20 against the June 30, 2011 Office of the Comptroller of the Currency accounting? Please see the SBBT September 7, 2011 email below in regards to the Office of the Comptroller of the Currency.
Sincerely
Bill Bookout
From: Bill Bookout [mailto:Pismobeachdiveshop@charter.net]
Sent: Wednesday, January 04, 2012 4:23 PM
To: 'Diana Lee'
Cc: 'Kaplan, Adam D.(Off. Inspector Gen.)'; 'kari.overson@sba.gov'; 'Ashker, Terrill K.'; 'cj.ward@keyt.com'; 'rmiller@newtimesslo.com'; 'velie@calcoastnews.com'; 'lol@rsmediate.com'; 'Mary Jo Barbeau'; 'Ashker, Terrill K.'; 'carlos.mendoza@sba.gov'; 'Hobby, Jill C.'; 'Karen Grant'; 'legal@fdic.gov'; 'sbcountyda@co.santa-barbara.ca.us'; 'ombudsman@sba.gov'; 'Richard Rossi'
Subject: RE: Bookout/PCB Mediation per thier Bank Fraud and Breach of Contract since 2007
January 4, 2012 Office of the Comptroller of the Currency Complaint Re: Case# 01944977
Diana Jessup Lee, Esq.
Reicker, Pfau, Pyle & McRoy LLP
1421 State Street, Suite B
Santa Barbara, CA 93101
Diana Jessup Lee,
Per your Santa Barbara Bank & Trust statement on January 3, 2011 “Your questions have been repeatedly answered. Your accusations are inaccurate, and repeating them over and over is not productive. Please see the many factual responses we have provided you which explain exactly the amount of your default, the amount due on your loan and where all your payments have been credited.”
Attached above is the June 30, 2011 Office of the Comptroller of the Currency Case # 01394465 letter showing that the prior principal and interest payments of $54,922.70 in 2006 and 2007 had been paid back to Santa Barbara Bank & Trust! Please answer the following questions for myself and those attached above!
1) How did Santa Barbara Bank & Trust come up with $67,445.46 in your May 19, 2011 letter attached?
2) Why would Santa Barbara Bank & Trust claim in the May 19, 2011 NOD, that SBBT was still owed $45,171.20 against the June 30, 2011 Office of the Comptroller of the Currency accounting from Santa Barbara Bank & Trust? The OCC shows that the unpaid interest on July 12, 2007 was $33,062.51 instead of the May 5, 2011 amortization schedule claimed amount!
3) The June 30, 2011 Office of the Comptroller of the Currency letter shows that all prior interest accrued and unpaid through September 29, 2008 had been paid in full! Can Santa Barbara Bank & Trust explain as to why in the October 28, 2011 (Proof of Claim) to Judge Robin L. Riblet as to why Santa Barbara Bank & Trust would claim $45,171.20 owed SBBT against the June 30, 2011 Office of the Comptroller of the Currency Case # 01394465 letter?
4) The June 30, 2011 Office of the Comptroller of the Currency letter shows that Restraining order was filed on June 3, 2011 by Santa Barbara Bank & Trust. Why would Santa Barbara Bank & Trust file a restraining order for asking Santa Barbara Bank & Trust for an accounting of the Oceano Nursery SBA Loan?
5) In Santa Barbara Bank & Trusts May 19, 2011 accounting letter and threats of a restraining order letter combined! Explain as to why and how the Office of the Comptroller of the Currency on June 30, 2011 comes up with different accounting, then the May 19, 2011 SBBT accounting per the two May 5, 2011 amortization schedules prepared by Santa Barbara Bank & Trust?
6) In the email from Robert B. Forouzandeh on September 7, 2011 in regards to the Office of the Comptroller of the Currency’s June 30, 2011 letter as stated by Robert B. Forouzandeh: “Furthermore, as we have repeatedly told you, the amortization schedules that we provided to you on May 6, 2011 were prepared by Santa Barbara Bank & Trust employees, not by any of the attorneys in this office, this office simply delivered them to you. Thus, your claim that "Neither You [Robert Forouzandeh] nor Diana Jessup Lee are qualified to prepare Santa Barbara Bank & Trust amortization schedules" is simply incorrect. Also, we provided you with 2 amortization schedules simply as a courtesy to you and to extend additional benefits in Schedule #2 to you which you were not entitled to as a gesture of good faith and in an effort to settle this matter.
Lastly, you have not provided any information or evidence which would lead Santa Barbara Bank & Trust to either rescind the most recent notice of default or to suspend the currently scheduled Trustee Sale from proceeding.” Please explain as to why Santa Barbara Bank & Trust would change their accounting as explained by the Office of the Comptroller of the Currency in the June 30, 2011 response Case # 01394465? Robert B. Forouzandeh, had reviewed the OCC June 30, 2011 letter as he shows below in his September 7, 2011 email showing that the 2006 and 2007 deferred payments had been made!
7) Why would Santa Barbara Bank & Trust claim in the May 6, 2011 letter that 2007 deferred payments had not been paid in direct conflict with the Office of the Comptroller of the Currency’s June 30, 2011 letter and communication with Santa Barbara Bank & Trust?
8) Why would Santa Barbara Bank & Trust in the May 6, 2011 letter claim that they were owed “in excess of $100,000).” Against the June 30, 2011 Office of the Comptroller of the Currency’s letter of $50,000.00?
9) Why would Santa Barbara Bank & Trust not properly amortize the 2007 forbearance and workout agreements as seen in the two amortization schedules prepared by Santa Barbara Bank & Trust? Please pay close attention to this email statement on September 7, 2011. ““Furthermore, as we have repeatedly told you, the amortization schedules that we provided to you on May 6, 2011 were prepared by Santa Barbara Bank & Trust employees,”
10) With the Office of the Comptroller of the Currency showing that $54,922.70 was the deferred amount in 2007 prior to the $22,274.46 being paid in the forbearance and workout agreement. What should the Oceano Nursery monthly payment have been, if it had been properly amortized by Santa Barbara Bank & Trust?
The questions asked above now need to be answered by (Diana Jessup Lee) or Santa Barbara Bank & Trust with the documents that have been provided by the U. S. Small Business Administration on December 20, 2011.
Sincerely
Bill Bookout
CC California State Attorney General
CC Office of the Comptroller of the Currency Re: Case # 01944977---01394465
CC United States Small Business Administration
CC Adam D. Kaplan Assistant Counsel to the Inspector General U.S. Small Business Administration
CC Kari A. Overson, Special Agent in Charge Western Regional Office U.S. Small Business Administration Office of Inspector General
From: Bill Bookout [mailto:Pismobeachdiveshop@charter.net]
Sent: Tuesday, January 03, 2012 12:15 PM
To: 'Diana Lee'
Cc: 'Kaplan, Adam D.(Off. Inspector Gen.)'; 'kari.overson@sba.gov'; 'Ashker, Terrill K.'; 'cj.ward@keyt.com'; 'rmiller@newtimesslo.com'; 'velie@calcoastnews.com'; 'lol@rsmediate.com'; 'Mary Jo Barbeau'; 'Ashker, Terrill K.'; 'carlos.mendoza@sba.gov'; 'Hobby, Jill C.'; 'Karen Grant'; 'legal@fdic.gov'; 'sbcountyda@co.santa-barbara.ca.us'; 'ombudsman@sba.gov'
Subject: RE: Bookout/PCB Mediation per thier Bank Fraud and Breach of Contract since 2007
January 3, 2012 Office of the Comptroller of the Currency Complaint Re: Case# 01944977
Diana Jessup Lee, Esq.
Reicker, Pfau, Pyle & McRoy LLP
1421 State Street, Suite B
Santa Barbara, CA 93101
Diana Jessup Lee,
Please answer the questions asked below of Mr. Robert Forouzandeh, California State Bar # 247177. Please note that the United States Small Business Administration on December 20, 2011 have provided Santa Barbara Bank & Trust documents showing your statement on January 3, 2012 to be false! You have stated for Santa Barbara Bank & Trust: “Your questions have been repeatedly answered. Your accusations are inaccurate, and repeating them over and over is not productive. Please see the many factual responses we have provided you which explain exactly the amount of your default, the amount due on your loan and where all your payments have been credited.”
Diana Jessup Lee, Please provide to the Office of the Comptroller of the Currency Complaint Re: Case# 01944977 Any and All documents that you claim dispute the facts below, previously presented to the Comptroller of the Currency!
The United States Small Business Administration September 30, 2008 letter from Santa Barbara Bank & Trust Vice President Sandra Sheffield shows that all 2006/2007 back interest had been paid against your January 3, 2012 Santa Barbara Bank & Trust statement!
The United States Small Business Administration, Pacific Capital Bank, letter to the Comptroller of the Currency dated April 18, 2008 written by Vice President Pierettee Marie Mageo, shows that all 2006/2007 interest was being paid back in 2008 against your January 3, 2012 Santa Barbara Bank & Trust statement!
The United States Small Business Administration, Pacific Capital Bank, letter to the Comptroller of the Currency dated June 3, 2008 written by Santa Barbara Bank & Trust Vice President Joe L. Kennedy, shows that all 2006/2007 interest was being paid back in 2008 against your January 3, 2012 Santa Barbara Bank & Trust statement!
The United States Small Business Administration, Pacific Capital Bank, May 30, 2008 SBA Form 1149 document provided to the Comptroller of the Currency by Santa Barbara Bank & Trust Vice President Joe L. Kennedy, shows that all 2006/2007 interest was being paid back in 2008 against your January 3, 2012 Santa Barbara Bank & Trust statement!
The United States Small Business Administration, Pacific Capital Bank, letter to the Comptroller of the Currency dated July 2, 2008 written by Vice President Pierettee Marie Mageo, shows that Santa Barbara Bank & Trusts May 19, 2011 Notice of Default is fraudulent against your January 3, 2012 Santa Barbara Bank & Trust statement! Please review the (Default Affidavit) compared to the two Santa Barbara Bank & Trust May 5, 2011 amortization schedules and the May 19, 2011 Notice of Default, per your May 19, 2011 threatening and intimidating letter! Santa Barbara Bank & Trust, Vice President Pierettee Marie Mageo, shows that Santa Barbara Bank & Trust was not owed $45,171.20 per the May 19, 2011 Notice of Default in her letters to the Comptroller of the Currency Case # 770567!
Diana Jessup Lee, Please see that Santa Barbara Bank & Trust again provides monthly payment notices and restores the online banking! Santa Barbara Bank & Trust, Vice President Pierettee Marie Mageo 2008 letters will explain the now fraudulent actions by Santa Barbara Bank & Trust per your January 3, 2012 email!
Diana Jessup Lee, It is now time for Santa Barbara Bank & Trust to answer the questions asked of Santa Barbara Bank & Trust with the documents provided by the United States Small Business Administration on December 20, 2011! Why would Santa Barbara Bank & Trust falsify the October 28, 2011 (Proof of Claim) to Santa Barbara, Bankruptcy Judge, Robin L. Riblet)?
Sincerely
Bill Bookout
CC California State Attorney General
CC Office of the Comptroller of the Currency Re: Case # 01944977
CC United States Small Business Administration
CC Adam D. Kaplan Assistant Counsel to the Inspector General U.S. Small Business Administration
CC Kari A. Overson, Special Agent in Charge Western Regional Office U.S. Small Business Administration Office of Inspector General
From: Diana Lee [mailto:dlee@rppmh.com]
Sent: Tuesday, January 03, 2012 9:14 AM
To: Bill Bookout
Cc: Robert Forouzandeh
Subject: RE: Bookout/PCB Mediation per thier Bank Fraud and Breach of Contract since 2007
Mr. Bookout,
Your questions have been repeatedly answered. Your accusations are inaccurate, and repeating them over and over is not productive. Please see the many factual responses we have provided you which explain exactly the amount of your default, the amount due on your loan and where all your payments have been credited.
Diana Jessup Lee, Esq.
Reicker, Pfau, Pyle & McRoy LLP
1421 State Street, Suite B
Santa Barbara, CA 93101
Tel: 805-966-2440
Fax: 805-966-3320
E-mail: dlee@rppmh.com
Website: www.reickerpfau.com
------------------------------------------------------------------------------------
This e-mail may contain confidential and privileged material for the sole use of the intended recipient. Any review or distribution by others is strictly prohibited. If you are not the intended recipient, please contact the sender and delete this e-mail.
From: Bill Bookout [mailto:Pismobeachdiveshop@charter.net]
Sent: Sunday, January 01, 2012 12:00 PM
To: 'Robert Forouzandeh'
Cc: 'Kaplan, Adam D.(Off. Inspector Gen.)'; 'kari.overson@sba.gov'; 'Ashker, Terrill K.'; 'cj.ward@keyt.com'; 'rmiller@newtimesslo.com'; 'velie@calcoastnews.com'; 'lol@rsmediate.com'; 'Diana Lee'; 'Mary Jo Barbeau'; 'Ashker, Terrill K.'; 'carlos.mendoza@sba.gov'; 'Hobby, Jill C.'; 'Karen Grant'; 'legal@fdic.gov'; 'sbcountyda@co.santa-barbara.ca.us'; 'ombudsman@sba.gov'
Subject: RE: Bookout/PCB Mediation per thier Bank Fraud and Breach of Contract since 2007
January 1, 2012 Office of the Comptroller of the Currency Complaint Re: Case# 01944977
Robert B. Forouzandeh California State Bar # 247177,
Attorney at Law
Reicker, Pfau, Pyle & McRoy LLP
1421 State Street, Suite B
Santa Barbara, CA 93101
Tel: 805-966-2440
Mr. Robert Forouzandeh, California State Bar # 247177,
The United States Small Business Administration has now provided Santa Barbara Bank & Trust/Pacific Capital Banks response’s to the Comptroller of the Currency Complaint Re: Case # 770567 showing the January 14, 2011 NOD and the May 19, 2011 Notice of Defaults on the 470 Price Street property and the Oceano Nursery property to have been Fraudulent!
Santa Barbara Bank & Trust stated September 7, 2011. “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 Forouzandeh, as you are the official spoke person for Santa Barbara Bank & Trust. Can you explain as to why Santa Barbara Bank & Trust would file two Fraudulent Notice of Defaults and then present a Fraudulent (Proof of Claim) to Santa Barbara, Bankruptcy Judge Robin L. Riblet against Santa Barbara Bank & Trust communication and documents with the Comptroller of the Currency; Case # 770567 in 2008?
Robert Forouzandeh, why would Santa Barbara Bank & Trust file a restraining order for asking banking questions of Santa Barbara Bank & Trust and its Board of Directors Mr. Mark K. Olson and Mr. Richard Nightingale, per Diana Jessup Lees false May 5, 2011 amortization schedules and Diana Jessup Lee’s May 19, 2011 False Accounting and threat of filing a restraining order, for asking banking questions of Santa Barbara Bank & Trust?
Robert Forouzandeh, why would Santa Barbara Bank & Trust falsify money not owed Santa Barbara Bank & Trust of $45,171.20 in the May 19, 2011 Notice of Default? This action has caused, my Bankruptcy and Business Credibility? Please remember Santa Barbara Bank & Trusts, September 7, 2011 Statement as seen below! “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 Forouzandeh, why would Santa Barbara Bank & Trust ignore their own written Accounting/documents to the Comptroller of the Currency Complaint Re: Case # 770567?
Robert Forouzandeh, Answer the questions of Santa Barbara Bank & Trust that have been asked through you and now the Office of the Comptroller of the Currency Complaint Re: Case # 01944977 attached above! Please remember Santa Barbara Bank & Trusts statement on December 24, 2011! You are not to contact anyone at Santa Barbara Bank and Trust. If you do so you will be in violation of the restraining order issued against you by the Santa Barbara Superior Court.”
Robert Forouzandeh, California State Bar # 247177, It is now time for Santa Barbara Bank & Trust to answer the questions asked of Santa Barbara Bank & Trust with the documents provided by the United States Small Business Administration on December 20, 2011! Why would Santa Barbara Bank & Trust falsify the October 28, 2011 (Proof of Claim) to Santa Barbara, Bankruptcy Judge, Robin L. Riblet)?
Sincerely
Bill Bookout
CC California State Attorney General
CC Office of the Comptroller of the Currency Re: Case # 01944977
CC United States Small Business Administration
CC Adam D. Kaplan Assistant Counsel to the Inspector General U.S. Small Business Administration
CC Kari A. Overson, Special Agent in Charge Western Regional Office U.S. Small Business Administration Office of Inspector General
From: Bill Bookout [mailto:Pismobeachdiveshop@charter.net]
Sent: Thursday, December 29, 2011 12:20 PM
To: 'Karen Grant'
Cc: 'Diana Lee'; 'Robert Forouzandeh'; 'rmiller@newtimesslo.com'; 'velie@calcoastnews.com'; 'cj.ward@keyt.com'; 'carlos.mendoza@sba.gov'; 'Ashker, Terrill K.'; 'Hobby, Jill C.'
Subject: RE: Bookout/PCB Mediation per thier Bank Fraud and Breach of Contract since 2007
December 29, 2011 Office of the Comptroller of the Currency Complaint Re: Case# 01944977
Karen L. Grant
Law Offices of Karen L. Grant
924 Anacapa Street, Suite 1M
Santa Barbara, CA 93101
(805) 962-4413
(805) 568-1641 fax
kgrant@silcom.com
Dear Mrs. Karen L. Grant
Again, Can you answer the questions asked below of Santa Barbara Bank & Trust through Diana Jessup Lee and Robert B. Forouzandeh. Please review the December 24, 2011 email from Robert B. Forouzandeh.
Can you explain as to why Santa Barbara Bank & Trust is claiming that they are owed $528,296.88 per the (Proof of Claim) in your November 7, 2011 response to the United States Bankruptcy Court? SBA Form 1149 dated August 29, 2011 does not show this amount owed!
How did Santa Barbara Bank & Trust come up with a principal balance of $400,968.89 owed SBBT against the August 29, 2011 SBA Form 1149 showing a balance of $390,996.91?
How did Santa Barbara Bank & Trust come up with regular payments past due of $82,162.79 against SBA Form 147 Note?
How did Santa Barbara Bank & Trust come up with $45,171.20 against Santa Barbara Bank & Trusts computerized records and documents presented to the SBA and the Office of the Comptroller of the Currency?
Karen L. Grant, Why would Santa Barbara Bank & Trust attempt to obtain $528,296.88 from me in the United States Bankruptcy Court against SBA Form 147 Note?
Santa Barbara Bank & Trusts objection on November 7, 2011 to Mr. Rossi’s $107,186.12 in arrears ended the first filing of bankruptcy! This figure should not have been more then: $60,286.74 plus the $346,428.08 of principal owed Santa Barbara Bank & Trust totaling $406,714.82!
Santa Barbara Bank & Trusts, Predatory lending objection on November 7, 2011 States: “Creditors Claim renders the plan infeasible.” Does Santa Barbara Bank & Trust really believe that they can charge $528,296.88 through the California Bankruptcy Court system? Why would Santa Barbara Bank & Trust expect monthly payments of $4,077.32 per month and the for 60 months additional payments of $2,122.23 for the $127,333.99 claimed in your November 7, 2011 objection to the United States Bankruptcy Court?
Karen L. Grant, as you are fully aware, Santa Barbara Bank & Trust had been paid back the 10 payments of principal and interest as seen in SBA Form 1149! Carlos Mendoza from the SBA can explain SBA Form 1149 to you! The SBA has recently provided letters from Pacific Capital Bank (Vice President Pierette Marie Mageo) to the Office of the Comptroller of the Currency Re: Case # 770567 showing the back principal & interest claimed by Santa Barbara Bank & Trust to have been paid back to Santa Barbara Bank & Trust!
Karen L. Grant, Why would Santa Barbara Bank & Trust commit this type of Fraud to a United States Bankruptcy Judge as seen in the October 28, 2011 (Proof of Claim) as presented in your November 7, 2011 response to the United States Bankruptcy Court?
Sincerely
Bill Bookout
CC California State Bar
CC Office of the Comptroller of the Currency Re: Case # 01944977
CC United States Small Business Administration
From: Bill Bookout [mailto:Pismobeachdiveshop@charter.net]
Sent: Wednesday, December 28, 2011 5:00 PM
To: 'Karen Grant'
Cc: 'cj.ward@keyt.com'
Subject: RE: Bookout/PCB Mediation per thier Bank Fraud and Breach of Contract since 2007
Karen L. Grant
Law Offices of Karen L. Grant
924 Anacapa Street, Suite 1M
Santa Barbara, CA 93101
(805) 962-4413
(805) 568-1641 fax
kgrant@silcom.com
Dear Mrs. Grant
It appears that Santa Barbara Bank & Trust was responsible for their fraudulent amortization schedules as stated on September 7, 2011: “Furthermore, as we have repeatedly told you, the amortization schedules that we provided to you on May 6, 2011 were prepared by Santa Barbara Bank & Trust employees, 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.”
Can you answer the questions asked below of Santa Barbara Bank & Trust through Diana Jessup Lee and Robert B. Forouzandeh. Neither are willing to answer Santa Barbara Bank & Trust loan questions?
I would like your response for Judge Robin L. Riblet.
Sincerely
Bill Bookout
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: Bill Bookout [mailto:Pismobeachdiveshop@charter.net]
Sent: Tuesday, December 27, 2011 10:41 AM
To: 'Karen Grant'
Cc: 'Diana Lee'; 'Robert Forouzandeh'; 'Mary Jo Barbeau'; 'lol@rsmediate.com'; 'Kaplan, Adam D.(Off. Inspector Gen.)'; 'kari.overson@sba.gov'; 'Ashker, Terrill K.'; 'cj.ward@keyt.com'; 'velie@calcoastnews.com'
Subject: RE: Bookout/PCB Mediation per thier Bank Fraud and Breach of Contract since 2007
December 27, 2011 Office of the Comptroller of the Currency Complaint Re: Case# 01944977
Karen L. Grant
Law Offices of Karen L. Grant
924 Anacapa Street, Suite 1M
Santa Barbara, CA 93101
(805) 962-4413
(805) 568-1641 fax
kgrant@silcom.com
Dear Mrs. Grant
Can you answer the questions asked below of Santa Barbara Bank & Trust through Diana Jessup Lee and Robert B. Forouzandeh. Please review the December 24, 2011 email from Robert B. Forouzandeh.
Can you explain as to why Santa Barbara Bank & Trust is claiming that they are owed $528,296.88 per the (Proof of Claim) in your November 7, 2011 response to the United States Bankruptcy Court?
How did Santa Barbara Bank & Trust come up with a principal balance of $400,968.89 owed SBBT against the August 29, 2011 SBA Form 1149 showing a balance of $390,996.91?
How did Santa Barbara Bank & Trust come up with regular payments past due of $82,162.79 against SBA Form 147 Note?
How did Santa Barbara Bank & Trust come up with $45,171.20 against Santa Barbara Bank & Trusts computerized records?
Why would Santa Barbara Bank & Trust attempt to obtain $528,296.88 from me in the United States Bankruptcy Court against SBA Form 147 Note?
Santa Barbara Bank & Trusts objection on November 7, 2011 to Mr. Rossi’s $107,186.12 in arrears ended the first filing of bankruptcy! This figure should not have been more then: $60,286.74 plus the $346,428.08 of principal owed Santa Barbara Bank & Trust totaling $406,714.82!
Santa Barbara Bank & Trusts, Predatory lending objection on November 7, 2011 States: “Creditors Claim renders the plan infeasible.” Does Santa Barbara Bank & Trust really believe that they can charge $528,296.88 through the California Bankruptcy Court system? Why would Santa Barbara Bank & Trust expect monthly payments of $4,077.32 per month and the for 60 months additional payments of $2,122.23 for the $127,333.99 claimed in your November 7, 2011 objection to the United States Bankruptcy Court?
Sincerely
Bill Bookout
CC California State Bar
CC Office of the Comptroller of the Currency Re: Case # 01944977
CC United States Small Business Administration
CC Adam D. Kaplan Assistant Counsel to the Inspector General U.S. Small Business Administration
CC Kari A. Overson, Special Agent in Charge Western Regional Office U.S. Small Business Administration Office of Inspector General
From: Bill Bookout [mailto:Pismobeachdiveshop@charter.net]
Sent: Wednesday, December 28, 2011 9:40 AM
To: 'ombudsman@sba.gov'
Cc: 'Kaplan, Adam D.(Off. Inspector Gen.)'; 'legal@fdic.gov'; 'Ashker, Terrill K.'; 'terrencehetherington@sba.gov'; 'Babcock, Lisa J.'; 'FOIA'; 'kari.overson@sba.gov'
Subject: RE: Bookout/PCB Mediation per thier Bank Fraud and Breach of Contract since 2007
December 28, 2011 Office of the Comptroller of the Currency Complaint Re: Case# 01944977
Office of the Comptroller of the Currency
1301 Mckinney St. Suite 3450
Houston, Texas 77010-9050
Re: Santa Barbara Bank & Trust Fraud & Breach of Contract. Please review the December 27, 2011 Complaint to Adam D. Kaplan Assistant Counsel to the Inspector General U.S. Small Business Administration below.
Having received from the SBA FOIA letters on December 27, 2011 from Santa Barbara Bank & Trust in 2008 to the Office of the Comptroller of the Currency;
In direct conflict with Santa Barbara Bank & Trusts January 14, 2011 NOD and the May 19, 2011 NOD. I am attaching this email from Santa Barbara Bank & Trust per their view of the Office of the Comptroller of the Currency 2008 responses on September 7, 2011.
I am requesting of the Office of the Comptroller of the Currency Complaint: Case # 01944977 to explain as to why Santa Barbara Bank & Trust has claimed that they are owed $45,171.20 on May 19, 2011 as the 2008 Pacific Capital Bank/Santa Barbara Bank & Trust letters that have just been received in my FOIA request of the SBA, claim that this money had been paid!
The SBA has also provided a letter written by Vice President Sandra Sheffield dated September 30, 2008 showing that all back interest had been paid. Please explain with the Office of the Comptroller of the Currency communication with Santa Barbara Bank & Trust as how on January 14, 2011 that Santa Barbara Bank & Trust, have claimed $37,801.09 owed and on May 19, 2011 Santa Barbara Bank & Trust changes this amount to $45,171.20 against their 2008 letters to the Comptroller of the Currency?
Office of the Comptroller of the Currency; Are, Santa Barbara Bank & Trust statements on September 7, 2011, True and Correct? Are the two May 5, 2011 Santa Barbara Bank & Trust amortization schedules correct with the correspondence that Santa Barbara Bank & Trust has had with the Office of the Comptroller of the Currency form 2008 to present? Please see that Santa Barbara Bank & Trust provides copies of their monthly payment Notices to the OCC from the beginning of this SBA loan!
Please note that I have had to file Bankruptcy from Santa Barbara Bank & Trusts claim of $45,171.20 owed in deferred and defaulted payments since filing a complaint with the Office of the Comptroller of the Currency in 2010. Santa Barbara Bank & Trust stated on September 7, 2011. “Lastly, you have not provided any information or evidence which would lead Santa Barbara Bank & Trust to either rescind the most recent notice of default or to suspend the currently scheduled Trustee Sale from proceeding.” Please review the June 3, 2011 letter below written to Santa Barbara Bank & Trust Board of Directors, Mr. Mark K. Olson and Mr. Richard Nightingale. Please help in resolving this issue involving the Office of the Comptroller of the Currency Re: Case # 0194497---- 01394465 ---- 01672308 –770567.
Again, I am making a Freedom of Information request of the Office of the Comptroller of the Currency for any and all communication between Santa Barbara Bank & Trust /Pacific Capital Bank Corp and the Office of the Comptroller of the Currency from 2008 to present.
Sincerely
Bill Bookout
CC Terrence Hetherington
CC Office of the Comptroller of the Currency Re: Case # 0194497-01394465 -01672308 –770567
CC United States Small Business Administration
CC Adam D. Kaplan Assistant Counsel to the Inspector General U.S. Small Business Administration
CC Kari A. Overson, Special Agent in Charge Western Regional Office U.S. Small Business Administration Office of Inspector General
From: Robert Forouzandeh [mailto:rforouzandeh@rppmh.com]
Sent: Wednesday, September 07, 2011 5:12 PM
To: Bill Bookout
Subject: RE: Santa Barbara Bank & Trust Theft of Principal, Breach of Contract and Mortgage Modification Fraud.
Mr. Bookout,
Thank you for faxing and emailing to me this afternoon the OCC letters dated July 16, 2008, June 30, 2011, July 15, 2011, August 2, 2011 and August 30, 2011. I have now reviewed these documents and am prepared to respond. My review of the 5 OCC letters that you have provided does not alter my prior conclusion that there is not a single piece of evidence which would even imply any acts of "Predatory Lending, Breach of Contract and Fraud" on the part of Santa Barbara Bank & Trust. In fact, after reviewing the OCC letters the only thing that is clear to me is that you are in breach of contract with Santa Barbara Bank & Trust as a result of your default on your loan.
Specifically, the following quotes demonstrate that the OCC has not made any findings of wrongdoing on the part of Santa Barbara Bank & Trust:
1. July 16, 2008 Letter, the OCC stated, "The OCC cannot resolve contractual disputes between national banks and their customers. When a clearly defined civil dispute develops, an agency such as the OCC would be acting beyond its authority as a trier of fact or adjudicator of civil disputes."
2. June 30, 2011 Letter, the OCC stated, "As your difficulty with the bank was in mediation and is subject of litigation, it is inappropriate for the Office of the Comptroller of the Currency (OCC) to intervene in this case."
3. July 15, 2011 Letter, the OCC stated, "Because your matter is a contractual dispute and the subject of arbitration, the OCC cannot comment on any information you may have received. Based on the current course of events between you and the bank, we are unable to assist you further."
4. August 2, 2011 Letter, the OCC stated, "The OCC does not have the authority to intervene in such matters. We have previously responded to you on July 16, 2008, January 7, 2009 and June 30, 2011. Our position has not changed. We will no longer respond to phone calls or correspondences regarding this issue. This letter represents our final response."
5. August 30, 2011 Letter, the OCC stated, "As your dispute with the bank involves a business loan and therefore is governed by the contract signed between you and the bank, consumer compliance laws do not apply."
Furthermore, as we have repeatedly told you, the amortization schedules that we provided to you on May 6, 2011 were prepared by Santa Barbara Bank & Trust employees, not by any of the attorneys in this office, this office simply delivered them to you. Thus, your claim that "Neither You [Robert Forouzandeh] nor Diana Jessup Lee are qualified to prepare Santa Barbara Bank & Trust amortization schedules" is simply incorrect. Also, we provided you with 2 amortization schedules simply as a courtesy to you and to extend additional benefits in Schedule #2 to you which you were not entitled to as a gesture of good faith and in an effort to settle this matter.
Lastly, you have not provided any information or evidence which would lead Santa Barbara Bank & Trust to either rescind the most recent notice of default or to suspend the currently scheduled Trustee Sale from proceeding.
Robert B. Forouzandeh
Attorney at Law
Reicker, Pfau, Pyle & McRoy LLP
1421 State Street, Suite B
Santa Barbara, CA 93101
Tel: 805-966-2440
Fax: 805-966-3320
E-mail: rforouzandeh@rppmh.com
Website: www.reickerpfau.com
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From: Bill Bookout [mailto:Pismobeachdiveshop@charter.net]
Sent: Tuesday, December 27, 2011 4:54 PM
To: 'ombudsman@sba.gov'
Cc: 'legal@fdic.gov'; 'Ashker, Terrill K.'; 'terrencehetherington@sba.gov'
Subject: RE: Bookout/PCB Mediation per thier Bank Fraud and Breach of Contract since 2007
Office of the Comptroller of the Currency Complaint Re: Case# 01944977
Santa Barbara Bank & Trust Fraud & Breach of Contract.
December 27, 2011 complaint to Adam D. Kaplan
Assistant Counsel to the Inspector General
U.S. Small Business Administration
I am now making a FOIA request from the Office of the Comptroller of the Currency for any and all communication between Santa Barbara Bank & Trust /Pacific Capital Bank Corp from 2008 to present. The issues below still need to be resolved by the Office of the Comptroller of the Currency.
The fact that Santa Barbara Bank & Trust would claim on January 14, 2011 that they were owed 10 Deferred payments from 10/2006 - 7/2007 of $37,801.09 should be of concern to the Comptroller of the Currency in how Santa Barbara Bank & Trust accounts for their Loans! Santa Barbara Bank & Trust then changes this on May 19, 2011 claiming $45,171.20 is fraudulent as known to the SBA.
Comptroller of the Currency—From the letter written to the Comptroller of the Currency in 2008 by Santa Barbara Bank & Trust/Pacific Capital Bank. Please explain as to how Santa Barbara Bank & Trust can now claim $45,171.20 in deferred and defaulted payments from October 2006 to July 2007?
Please see that the questions asked of Santa Barbara Bank & Trusts Board of Directors, Mr. Mark K. Olson and Mr. Richard Nightingale on June 3, 2011 below are answered by Santa Barbara Bank & Trust to myself and the Comptroller of the Currency.
Again, I am making a Freedom of Information request of the Office of the Comptroller of the Currency for any and all communication between Santa Barbara Bank & Trust /Pacific Capital Bank Corp from 2008 to present.
Sincerely
Bill Bookout
From: Bill Bookout [mailto:Pismobeachdiveshop@charter.net]
Sent: Tuesday, December 27, 2011 4:04 PM
To: 'Kaplan, Adam D.(Off. Inspector Gen.)'
Cc: 'ombudsman@sba.gov'; 'kari.overson@sba.gov'; 'FOIA'; 'lol@rsmediate.com'; 'terrencehetherington@sba.gov'; 'Babcock, Lisa J.'
Subject: RE: Bookout/PCB Mediation per thier Bank Fraud and Breach of Contract since 2007
December 27, 2011 Office of the Comptroller of the Currency Complaint Re: Case# 01944977
Adam D. Kaplan
Assistant Counsel to the Inspector General
U.S. Small Business Administration
Voice - 202-205-6696
Fax - 202-205-7127
Dear Mr. Adam Kaplan,
Santa Barbara Bank & Trust Attorneys, Diana Jessup Lee and Robert B. Forouzandeh, of Reicker, Pfau, Pyle & McRoy LLP actions and emails; need to be fully reviewed by the U.S. Small Business Administration Office of Inspector General. Please pay attention to their actions and emails from asking banking questions of Santa Barbara Bank & Trust at www.sbaplploans.com – www.sbaquestions.net and www.sbaloanauthorization.com pay close attention to the email below on December 24, 2011 from Robert Forouzandeh, California State Bar # 247177,
Attached are documents received per a FOIA Request showing Santa Barbara Bank & Trusts January 14, 2011 and May 19, 2011 NOD Fraud per the SBBT claim of $45,171.20 owed in deferred and defaulted payments! Please review loan Transcript dated May 30, 2008. The site visit on 8/21/2003 is incomplete and true and correct documents need to be obtained by the SBA.
The April 18, 2008 letter to the Comptroller of the Currency does not take into account the SBBT actions on May 17, 2007 causing Oceano Nursery to have to go out of business. SBBT misconstrues the 2007 Forbearance and Workout Agreement. SBBT cashed the insurance check on May 11, 2011 and took this as a payment. This payment was then lost by SBBT as documents will show the SBA. In the SBA Form 1149 dated May 30, 2008 is fully seen that SBBT breached the 2007 forbearance and workout agreement per the five payments of $22,274.46. The July 2, 2008 letter to the Comptroller of the Currency ignores the May 11, 2007 payment. The Delaration of Default showing 10 payments again shows Santa Barbara Bank & Trusts January 14, 2011 and May 19, 2011 NOD Fraud per the SBBT claim of $45,171.20 owed in deferred and defaulted payments!
The Office of the Comptroller of the Currency Complaint Re: Case # 01944977 has full knowledge of Santa Barbara Bank & Trusts Fraudulent Notice of Defaults on January 14, 2011 and May 19, 2011 after filing an Office of the Comptroller of the Currency Complaint! This type of SBA Loan Banking should not be acceptable in SBA Loans! SBBT stated on May 12, 2008 per asking questions of Santa Barbara Bank & Trust in an email! “The requests you have made, and the delinquencies in the documentation, have resulted in the Bank incurring additional attorney's fees. As a result, you are requested to forward to Pacific Capital Bank, c/o Ms. Sheffield, a check in the amount of $750.00 to cover anticipated attorney's fees incurred in responding to the requests for information. Of course, this amount is only an estimate, and if the fees exceed the amount received, an additional deposit will be required. Please forward the deposit as soon as possible so that the Bank can begin work on the research you have requested.” How is this legal per asking for a SBA Loan accounting? This threatening communication is not mentioned in the letters written to the Comptroller of the Currency on June 3, 2008---July 2, 2008----The April 18, 2008 letter was prior to the May 12, 2008 banking cost of $750.00 per loan accounting!
The SBA has provided the August 29, 2011 SBA Form 1149 showing Santa Barbara Bank & Trusts Fraud and Breach of Contract per SBA Form 147 Note and the 2007 Forbearance and Workout Agreement. Is this SBA Form 1149 consistent with all SBA Form 1149 accounting, per SBA Loans? Santa Barbara Bank & Trust States in their June 29, 2011 email below! “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 is not what has been explained to the Comptroller of the Currency per letters written in 2008 to the OCC,
Please review the Santa Barbara Bank & Trust accounting below in their June 29, 2011 email compared to the August 29, 2011 SBA Form 1149. The Office of the Comptroller of the Currency Case # 01944977---01394465 -01672308 –770567 has full knowledge of Santa Barbara Bank & Trust SBA Loan Accounting.
The questions asked of Santa Barbara Bank & Trust Board of Directors, Mr. Mark K. Olson and Mr. Richard Nightingale, on June 3, 2011 as seen below still need to be answered by Santa Barbara Bank & Trust through the OCC and the SBA.
Again, your help is needed in resolving the fraudulent SBA loan actions by Santa Barbara Bank & Trust from 2003 to present. Santa Barbara Bank & Trust has claimed, that they have not been paid back the 2006 and 2007 payments, is fraudulent per the SBBT October 28, 2011 Proof of Claim!
Sincerely
Bill Bookout
CC Terrence Hetherington
CC Office of the Comptroller of the Currency Re: Case # 0194497-01394465 -01672308 –770567
CC United States Small Business Administration
CC Adam D. Kaplan Assistant Counsel to the Inspector General U.S. Small Business Administration
CC Kari A. Overson, Special Agent in Charge Western Regional Office U.S. Small Business Administration Office of Inspector General
