Office of the Comptroller of the Currency

Office of the Comptroller of the Currency


From: Fredericks, Jeffrey [mailto:jfreder@co.santa-barbara.ca.us]
Sent: Thursday, December 13, 2012 3:39 PM
To: 'Pismobeachdiveshop@charter.net'
Subject: FW: Bookout/PCB Mediation per thier Bank Fraud and Breach of Contract since 2007

 

Mr. Bookout,

 

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.  I would also recommend that you consult with a private civil attorney to make sure that you protect your rights to any potential civil causes of action.  Additionally, since this loan is currently listed in your bankruptcy filing the issues you have may fall under the jurisdiction of the Bankruptcy Court, you should confer with your counsel currently handling that matter.

 

 

Jeff H Fredericks

Supervising Investigator

Santa Barbara District Attorney

(805) 346-7541

(805) 346-7585 (Fax)

 

 

From: Bill Bookout [mailto:Pismobeachdiveshop@charter.net]
Sent: Thursday, December 13, 2012 9:28 AM
To: Masashi.Oka@unionbank.com
Cc: Nudson, Anne; 'Donna Sikola'; simon.bonilla@unionbank.com; daniel.weidman@unionbank.com; thomas.taggart@unionbank.com; 'Chris Gautschi'; da, sbcounty; dvallely@co.slo.ca.us; 'Richard Rossi'; 'Mendoza, Carlos G.'; OIGHotline@sba.gov; 'SBA National Ombudsman'; ombudsman@fdic.gov
Subject: RE: Bookout/PCB Mediation per thier Bank Fraud and Breach of Contract since 2007

 

December 12, 2012

 

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

Simon Bonilla, Thomas Taggart, Daniel Weildman

Union Bank San Luis Obispo

1144 Morro St.

San Luis Obispo, California 93401

 

Dear Mr. Masashi Oka, Union Bank President & Chief Executive Officer

 

Attached below is a threat from the Santa Barbara Bank & Trust law firm of (Reicker, Pfau, Pyle & McRoy LLP) for asking banking questions of Union Bank.  Please see that the SBA PLP loan questions asked of Union Bank on December 10, 11, 12th and 13th are answered by Union Bank.  Again I am requesting my December 2012 mortgage loan statement!  Please show the amount of the inventory sold by SBB&T with the sale of the Oceano Nursery Inventory.  This email communication will be posted to www.unionbank.me for the Small Business Administration knowledge.

 

Mr. Masashi Oka, Please have Union Bank explain the December 12, 2012 email from (Reicker, Pfau, Pyle & McRoy LLP) and how  Union Bank as a California Bank is allowed to not answer SBA Loan banking questions?  Diana Jessup Lee’s (Reicker, Pfau, Pyle & McRoy LLP) representative States:  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.”   Please provide a copy of this email and my loan questions to Judge Robin L. Riblet along with Elizabeth F. Rojas Chapter 13 Trustee.

 

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

 

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

 

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

 

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

 

Please have Union Bank explain Karen L. Grants response to Judge Robin L. Riblet on P. 6 of her signed March 29, 2012 response to Debtors Objection as seen in pdf files at www.unionbank.me

 

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

 

Please explain as to how Union Bank/Santa Barbara Bank & Trust applied the 2007 five payments of $22,274.46 to pay off the principal and interest for five of the 15 payments that the debtor had missed; as seen in the SBB&T September 7, 2011 email below?  I have attached Santa Barbara Bank & Trusts August 29, 2011 SBA Form 1149 to www.unionbank.me This August29, 2011 SBA form 1149 does not show any principal paid?

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

Date

Description

Category

Debit

Credit

Balance

11/4/2011

EFF 11/03/2011

 

 

$4,121.06

$390,996.91

10/11/2011

Regular Payment

 

 

$4,121.06

$390,996.91

9/16/2011

Automatic

 

$206.05

 

$390,996.91

8/30/2011

Review Fee

 

$650.00

 

$390,996.91

8/30/2011

Commercial Appraisal Fee

 

$4,000.00

 

$390,996.91

 

Union Bank.  Again, I am requesting that my online Union Bank/SBBT banking be reinstated.  Please provide a monthly mortgage statement for December 2012.  SBBT/Union Bank has yet to provide a mortgage statement as requested!   (Reicker, Pfau, Pyle & McRoy LLP) States on December 12, 2012. Thus, no December 2012 statement has been created yet for your account.”

 

 

Sincerely

 

Bill Bookout

Pismo Beach Surf Shop

 

CC Masashi Oka--Union Bank

CC Thomas Taggart-Union Bank

CC Daniel Weidman-Union Bank

CC Simon Bonilla—Union Bank

CC Donna Sikola—Union Bank

CC Chris Gautschi

CC Richard Rossi

CC Judge Robin L. Riblet

CC Elizabeth F. Rojas Chapter 13 Trustee

CC California State Bar


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

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

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

 

 

From: Bill Bookout [mailto:Pismobeachdiveshop@charter.net]
Sent: Wednesday, December 12, 2012 3:15 PM
To: Diana Lee
Cc: 'Donna Sikola'; simon.bonilla@unionbank.com; Masashi.Oka@unionbank.com; daniel.weidman@unionbank.com; thomas.taggart@unionbank.com; 'Chris Gautschi'; sbcountyda@co.santa-barbara.ca.us; dvallely@co.slo.ca.us; 'Richard Rossi'
Subject: RE: Bookout/PCB Mediation per thier Bank Fraud and Breach of Contract since 2007

 

December 12, 2012

 

Diana Jessup Lee, Esq.

Reicker, Pfau, Pyle & McRoy LLP

1421 State Street, Suite B

Santa Barbara, CA  93101

 

Dear Mrs. Diana Jessup Lee,

 

Can you provide the December 2012 SBB&T/Union Bank monthly Oceano Nursery loan statement as requested below of Union Bank/SBB&T?  Charles Tucker of Santa Barbara Bank & Trust has claimed that you are the person to obtain this loan statement from!

 

Please see the September 7, 2011 email from (Reicker, Pfau, Pyle & McRoy LLP) and explain as to how and why Santa Barbara Bank & Trust did not apply any principal to the five payments totaling $22,274.46? Explain as to why Santa Barbara Bank & Trust has not properly amortized the Oceano Nursery SBA loan since 2007?

 

(Reicker, Pfau, Pyle & McRoy LLP) States September 7, 2011:  “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.

 

Mrs. Diana Jessup Lee, Please answer the questions below on December 11, 2012 of Union Bank President & Chief Executive Officer---Masashi Oka--Thomas Taggart and Daniel Weildman.   Please provide a breakdown of the Attorney fees charged of $57,676.17 by Reicker, Pfau, Pyle & McRoy LLP?

 

Sincerely

 

Bill Bookout

Pismo Beach Surf Shop

 

CC Masashi Oka--Union Bank

CC Thomas Taggart-Union Bank

CC Daniel Weidman-Union Bank

CC Simon Bonilla—Union Bank

CC Donna Sikola—Union Bank

CC Chris Gautschi

CC Richard Rossi

CC District Attorney County of Santa Barbara Anne C. Nudson

CC Judge Robin L. Riblet

CC Elizabeth F. Rojas Chapter 13 Trustee

CC California State Bar

 


From: Bill Bookout [mailto:Pismobeachdiveshop@charter.net]
Sent: Wednesday, December 12, 2012 12:55 PM
To: 'simon.bonilla@unionbank.com'
Cc: 'donnasikola@unionbank.com'; 'Masashi.Oka@unionbank.com'; 'Diana Lee'; 'daniel.weidman@unionbank.com'; 'thomas.taggart@unionbank.com'; 'Chris Gautschi'; 'sbcountyda@co.santa-barbara.ca.us'; 'dvallely@co.slo.ca.us'; 'Richard Rossi'
Subject: RE: Bookout/PCB Mediation per thier Bank Fraud and Breach of Contract since 2007

 

December 12, 2012

 

Simon Bonilla

Union Bank San Luis Obispo

1144 Morro St.

San Luis Obispo, California 93401

 

Dear Mr. Simon Bonilla

 

Thank you, for connecting me on December 11, 2012 with SBBT, for online banking.  After being set up again with the online banking, I was unable to get into my SBA PLP loan monthly accounting as I had had up to November 4, 2011.  I am requesting of Union Bank to see how all of my SBA PLP loan payments have been credited with the changes made by Santa Barbara Bank & Trust during my Bankruptcy, in front of Judge Robin L, Riblet?

Date

Description

Category

Debit

Credit

Balance

11/4/2011

EFF 11/03/2011

 

 

$4,121.06

$390,996.91

10/11/2011

Regular Payment

 

 

$4,121.06

$390,996.91

9/16/2011

Automatic

 

$206.05

 

$390,996.91

 

I am again requesting to have this online banking loan service.  In my conversation with the SBBT online banking representative Charles Tucker; he informed me that I would have to contact Diana Jessup Lee for this Service.  Please review the email communication below from Diana Jessup Lee from May 31, 2011.  I have attached Diana Lee’s most recent email communication on January 3, 2012 for Union Banks knowledge.

 

Please see that Union Bank provides a monthly statement as requested for December 2012 and that Union Bank answers the questions below on December 11, 2012 of Masashi Oka--Union Bank-- Thomas Taggart-Union Bank and Daniel Weidman-Union Bank.  Diana Jessup Lee believes that her May 6, 2011 amortizations schedules and her May 19, 2011 accounting letter are accurate!  These documents can be seen in pdf files by Union Bank at www.unionbancal.net and at www.unionbancalcorp.com

 

Sincerely

 

Bill Bookout

Pismo Beach Surf Shop

 

CC Masashi Oka--Union Bank

CC Thomas Taggart-Union Bank

CC Daniel Weidman-Union Bank

CC Donna Sikola

CC Chris Gautschi

CC Richard Rossi

CC Judge Robin L. Riblet

CC Elizabeth F. Rojas Chapter 13 Trustee

CC California State Bar


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

 

December 11, 2012

 

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

Thomas Taggart

Daniel Weildman

 

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

 

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

 

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

 

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

 

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

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

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

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

Date

Description

Category

Debit

Credit

Balance

11/4/2011

EFF 11/03/2011

 

 

$4,121.06

$390,996.91

10/11/2011

Regular Payment

 

 

$4,121.06

$390,996.91

9/16/2011

Automatic

 

$206.05

 

$390,996.91

8/30/2011

Review Fee

 

$650.00

 

$390,996.91

8/30/2011

Commercial Appraisal Fee

 

$4,000.00

 

$390,996.91

 

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

 

Sincerely

 

Bill Bookout

Pismo Beach Surf Shop

 

CC Masashi Oka--Union Bank

CC Thomas Taggart-Union Bank

CC Daniel Weidman-Union Bank

CC Chris Gautschi

CC Richard Rossi

CC Judge Robin L. Riblet

CC Elizabeth F. Rojas Chapter 13 Trustee

CC California State Bar


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

 

Dear Mr. Bookout,

 

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

 

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

 

Diana Jessup Lee, Esq.

Reicker, Pfau, Pyle & McRoy LLP

1421 State Street, Suite B

Santa Barbara, CA  93101

 

Tel:  805-966-2440

Fax:  805-966-3320

E-mail: dlee@rppmh.com

Website:  www.reickerpfau.com

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

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

 


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

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

 

Diana Jessup Lee, Esq.

Reicker, Pfau, Pyle & McRoy LLP

1421 State Street, Suite B

Santa Barbara, CA  93101

 

Dear Mrs. Diana Jessup Lee,

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

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

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

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

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

 

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

 

Sincerely

 

 

Bill Bookout 


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

 

Dear Mr. Bookout:

 

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

 

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

 

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

 

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

 

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

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

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

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

 

Diana Jessup Lee, Esq.

Reicker, Pfau, Pyle & McRoy LLP

1421 State Street, Suite B

Santa Barbara, CA  93101

 

Tel:  805-966-2440

Fax:  805-966-3320

E-mail: dlee@rppmh.com

Website:  www.reickerpfau.com

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

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

 


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

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

 

Diana Jessup Lee, Esq.

Reicker, Pfau, Pyle & McRoy LLP

1421 State Street, Suite B

Santa Barbara, CA  93101

 

Dear Mrs. Diana Jessup Lee,

 

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

 

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

 

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

 

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

 

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

 

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

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

 

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

 

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

 

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

 

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

 

Sincerely

 

 

Bill Bookout 


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

 

Dear Mr. Bookout:

 

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

 

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

 

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

 

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

 

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

 

Diana Lee.

Diana Jessup Lee, Esq.

Reicker, Pfau, Pyle & McRoy LLP

1421 State Street, Suite B

Santa Barbara, CA  93101

 

Tel:  805-966-2440

Fax:  805-966-3320

E-mail: dlee@rppmh.com

Website:  www.reickerpfau.com

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

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

 


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

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

 

Diana Jessup Lee, Esq.

Reicker, Pfau, Pyle & McRoy LLP

1421 State Street, Suite B

Santa Barbara, CA  93101

 

Dear Mrs. Diana Jessup Lee,

 

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

 

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

 

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

 

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

 

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

 

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

 

Sincerely

 

Bill Bookout

 

CC  California State Bar

CC  California State Attorney General

 

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

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

Case # 1381216

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

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

 

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

 

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

 

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

 

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

 

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

 

“Deposit Required:

 

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

 

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

 

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

 

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

 

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

 

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

 

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

Sincerely

 

 

Bill Bookout

Pismo Beach Surf Shop

Pismo Beach Dive Shop

 


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

 

Dear Mr. Bookout:

 

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

 

Diana Jessup Lee, Esq.

Reicker, Pfau, Pyle & McRoy LLP

1421 State Street, Suite B

Santa Barbara, CA  93101

 

Tel:  805-966-2440

Fax:  805-966-3320

E-mail: dlee@rppmh.com

Website:  www.reickerpfau.com

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

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

 


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

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

 

Diana Jessup Lee, Esq.

Reicker, Pfau, Pyle & McRoy LLP

1421 State Street, Suite B

Santa Barbara, CA  93101

 

Dear Mrs. Diana Jessup Lee,

 

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

 

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

 

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

 

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

 

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

 

Sincerely

 

Bill Bookout

 

CC Santa Barbara News Press

CC San Luis Obispo New Times


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

 

Dear Mr. Bookout,

 

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

 

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

 

Diana Lee

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


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

 

 

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

 

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

Pacific Capital Bancorp                            --200 E Carrillo St Ste 202

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

Santa Barbara, CA 93101                 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

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

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

 

Dear Mr. Bookout,

 

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

 

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

 

Diana Lee

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

Sincerely

 

Bill Bookout

 

CC

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

1301 McKinney Street, Suite 3450,

Houston, Texas 77010-9050

 

Attorney General Kamala D. Harris

California Department of Justice

P. O. Box 944255

Sacramento, Ca 94244-2550

·                                

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

 


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

 

Mr. Bookout:

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

UNPAID PAYMENTS

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

Jan-Dec 2010                                            $49,452.72

                                  Total:                                $87,253.81

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

Appraisal Fees                                          $4,050.00

Legal Fees                                              $50.00

UCC Search Fees                                         $15.50

                Amount shown on NOD                             $96,228.27     

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

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

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

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

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

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

Toll Free:     877.272.3734
Mobile:        619.823.7375

Fax:            877.227.0150
email:          glazar@foxjohns.com

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

-Pacific Capital Bank Complaint Sandra Sheffield request for Loan Amortization Schedule pdf... Unfortunatly questions previously asked of Pacific Capital Bank now need to be asked publically, in order to not have to pay Attorney fees!  The U.S. Small Business Administration is aware of all of Pacific Capital Banks actions to date and have been asked to answer the questions asked of Pacific Capital Bank through Carlos Mendoza and Terrill K. Ashker.  January 12, 2011 Pacific Capital Bank Proposal as requested!  Mr._Carl_B._Webb__George_S._Leis...   


Please review this PDF file to see what happened to Oceano Nursery in 2007 from Pacific Capital Banks actions!   SBA Loan Questions documents for Terrill K. Ashker Anthony Virgil and Linda Coakley--SBA to review pdf...   
FORDFINANCIALFUND.ORG      Pacific Capital Bankcorp Gerad J. Ford Financial Fund PDF...       GERALDJFORDQUESTIONS.COM 

Office of the Comptroller of the Currency, Please review this Pacific Capital Bancorp Attorney's response to questions asked and then the questions asked below of Pacific Capital Bancorp!   C35_Ltr2BookoutRECommunications_pdf...   
Office of the Comptroller of the Currency and the SBA--Please Review Communication in this PDF file of questions asked of Pacific Capital Bank! U.S. Small Business Administration SBA Complaint pdf...  
 

-------------------------------------------------------------------------------------------------------------------------------------------------------The Office of Comptroller of the Currency has been mislead by Santa Barbara Bank & Trust and Pacific Capital Bancorp.  This will now have to become a National News Story.


From: Bill Bookout [mailto:Pismobeachdiveshop@charter.net]
Sent: Tuesday, July 12, 2011 9:33 AM
To: 'ombudsman@sba.gov'
Cc: 'sbcountyda@co.santa-barbara.ca.us'; 'ombudsman@fdic.gov'; 'sandiego@sba.gov'; 'Ashker, Terrill K.'; 'Lcannon@dfi.ca.gov'; 'Congresswoman Lois Capps'; 'legal@fdic.gov'; 'rmiller@newtimesslo.com'; 'barney@independent.com'; 'dporter@dfi.ca.gov'
Subject: RE: Bookout/PCB Mediation per thier Bank Fraud and Breach of Contract since 2007

 

July 12, 2011                      Office of the Comptroller of the Currency Case # 01394465

 

John Walsh

Office of the Comptroller of the Currency Case # 01394465
1301 McKinney Street, Suite 3450
Houston, Texas 77010-9050
Fax # 713-336-4301

 

Dear Office of the Comptroller of the Currency Case # 01394465

 

Re: Written Appeal Per the Office of the Comptroller of the Currency June 30, 2011 letter complaint against Santa Barbara Bank & Trust and Pacific Capital Bancorp.

 

The Office of the Comptroller of the Currency now has full knowledge of Santa Barbara Bank & Trust and Pacific Capital Bancorp’s Fraud and Breach of Contract as seen at www.occquestions.com and www.sbaquestions.net This Appeal with the OCC is important to California Banking Customers in how Santa Barbara Bank & Trust and Pacific Capital Bancorp handles their loans and accounting!    

 

Pacific Capital Bank after mediation has admitted in their May 6, 2011 letter and two amortization schedules dated May 5, 2011 that they had improperly amortized my SBA loan since the 2007 forbearance and workout agreement.  (See attached letter and amortization schedules.)

1)       Is this “consistent with banking statutes, regulations or any policies that are applicable to nationally chartered banking institutions”?

 

2)       The OCC States:  “Previously the bank agreed to a forbearance agreement, which deferred ten delinquent payments.”  Under the terms of this 2007 Forbearance and workout agreement.  Is it consistent with banking statutes, regulations or any policies that are applicable to nationally chartered banking institutions to not properly amortize their banking loans?  (See attached letter and amortization schedules dated May 5, 2011 and May 6, 2011.)

 

3)       In regards to the OCC-SBBT statement “The bank noted that they have a junior lien on your single family residence.”  This lien was required in the 2007 forbearance agreement.  Pacific Capital Bank in 2010 would not allow the sale of this house; which would have netted SBBT $10, 000.00.  Is this “consistent with banking statutes, regulations or any policies that are applicable to nationally chartered banking institutions?  Pacific Capital Bank had never appraised this property in 2007 to find a value of $100,000.00 over the first of $273,000.00.  Is this “consistent with banking statutes, regulations or any policies that are applicable to nationally chartered banking institutions”? 

 

4)       The OCC States in regards to Pacific Capital Bank.  “They have no control over the senior lender’s foreclosure efforts.”  This house was in escrow with a $10,000.00 profit to Pacific Capital Bank!  Pacific Capital Bank/SBBT did have control over the senior lenders foreclosure efforts.  Is this “consistent with banking statutes, regulations or any policies that are applicable to nationally chartered banking institutions”?

 

5)       The OCC States:  “In regards to costs charged to your loan, the bank stated that they are entitled to do an investigation of its collateral position under the terms of the loan documents.”  Can the OCC explain why the 470 Price Street property was not presented to the SBA for the 2003 SBA loan?  Can the OCC explain as to why Pacific Capital Bank had not done an environmental inspection on the 470 Price Street property in 2003?  Can the OCC explain why PCB falsified the 2007 environmental inspection as seen in the OCC July 16, 2008 complaint---charge of $1, 900.00 dated 6/22/2007?

 

6)       Pacific Capital Bank has admitted to overcharging the 2007 forbearance and workout agreement as seen below in Diana Lees June 28, 2011 email and her June 29, 2011 email backed up with her two May 5, 2011 amortization schedules attached.  Is this “consistent with banking statutes, regulations or any policies that are applicable to nationally chartered banking institutions”?  Please note that this additional $7,121.57 overcharged by PCB against the 2007 Forbearance and Workout Agreement could have saved my personal house and a, lower monthly mortgage payments would have been manageable in 2007, 2008, 2009, and 2010!

 

7)       The OCC States:  “Concerning your issue that Principal payments were not applied to your loan,”  “They noted that funds received in July 2007 totaling $22,274.46 were applied to your accrued and unpaid interest that totaled $54,922.70.”  According to the July 2007 forbearance and workout agreement; the $22,274.46 was to be applied to Principal and Interest.  Pacific Capital Bank has committed  breach of Contract and Mortgage Modification Fraud in this action!  Is this “consistent with banking statutes, regulations or any policies that are applicable to nationally chartered banking institutions”?   The 2007 Forbearance Agreement States: On Page (3 # 2 i)  $22,274.46 to pay the monthly principal and interest payments owing on the Note for the earliest five past due monthly payments (May, 2006, June, 2006, July 2006, August, 2006 and September 2006).”  Why has Santa Barbara Bank & Trust and Pacific Capital Bancorp now changed this written and singed 2007 forbearance agreement contract as presented to the OCC?

 

8)       What accrued and unpaid interest balance existed after the OCC Statement “satisfied the interest accrued and unpaid through September 29, 2008.”?  As the OCC shows November 30, 2008, December 3, 2008, and January 12, 2009 “were applied to the accrued and unpaid interest balance.” ??

 

9)       The OCC States:  “Bank records show that funds received in September 2008 were split between the principal and interest since the amount received satisfied the interest accrued and unpaid through September 29, 2008.”  Please have Santa Barbara Bank & Trust, explain why Diana Jessup Lee with this statement is now claiming in her May 5, 2011 amortization schedules 1 & 2 that her figures showed 15 payments totaling $67,445.66 instead of the $54,922.70 now claimed to the Office of the Comptroller of the Currency Case # 01394465 by Santa Barbara Bank & Trust?  Is this “consistent with banking statutes, regulations or any policies that are applicable to nationally chartered banking institutions”?

 

10)   The OCC States:  “The bank confirmed that principal paid is not reported to the internal Revenue Service (IRS) as mentioned in the complaint.”  This statement by Santa Barbara Bank & Trust was also done in 2008 showing all of this money going to the 10 deferred payments first. Please explain why Diana Jessup Lee in the May 19, 2011 NOD is now claiming $45,171.20 in deferred payments owed  Santa Barbara Bank & Trust.  Is this type of banking fraud consistent with banking statutes, regulations or any policies that are applicable to nationally chartered banking institutions?  Please see Diana Lee’s May 19, 2011 letter attached!

 

11)   In regards to the Mediation with Santa Barbara Bank & Trust and Pacific Capital Bancorp statement to the Office of the Comptroller of the Currency Case # 01394465.  “After the mediation was scheduled for April 7, 2011, the bank advised that you refused to attend unless demands for information were not met in advance.”  Please review these emails from Diana Jessup Lee and her threats on March 23, 2011 and March 25, 2011     “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.  Santa Barbara Bank & Trust has misinformed the Office of the Comptroller of the Currency Case # 01394465 as seen in this March 23, 2011 email 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. 

 


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

 

Dear Mr. Bookout,

 

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

 

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

 

Diana Lee.

 

Diana Jessup Lee, Esq.

Reicker, Pfau, Pyle & McRoy LLP

1421 State Street, Suite B

Santa Barbara, CA  93101

 

Tel:  805-966-2440

Fax:  805-966-3320

E-mail: dlee@rppmh.com

Website:  www.reickerpfau.com

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

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


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

 

Dear Mr. Bookout,

 

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

 

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

 

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

 

Sincerely,

 

Diana Lee.

Diana Jessup Lee, Esq.

Reicker, Pfau, Pyle & McRoy LLP

1421 State Street, Suite B

Santa Barbara, CA  93101

 

Tel:  805-966-2440

Fax:  805-966-3320

E-mail: dlee@rppmh.com

Website:  www.reickerpfau.com

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

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

 

12)     With Diana Jessup Lee’s hostility as seen above in making Santa Barbara Bank & Trusts actions known on the internet at www.pacificcapitalbank.co -- www.occquestions.com  and other websites for her refusal to answer banking questions.  Santa Barbara Bank & Trusts have later filed a request for a restraining order on June 3, 2011 as noted by the OCC. How Is this “consistent with banking statutes, regulations or any policies that are applicable to nationally chartered banking institutions for their refusal to answer banking questions as seen below in emails June 3, 2011, June 2, 2011 going back to May 11, 2011? 

 

13)   In the Office of the Comptroller of the Currency Case # 770567 July 16, 2008 letter it is stated by the OCC at this time:  “The Bank advised a forbearance agreement was executed on June 30, 2007.  This agreement included an expense account that was created at the bank, under the bank’s control, in the amount of $48,199.46.  These funds were to allow the bank 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 2006 and August 2006.)”  Please see that Santa Barbara Bank & Trust explains to the OCC as to why they have not applied the principal in the five payments totaling $22,274.46, per their, Forbearance and Workout Agreement as seen in Diana Jessup Lee’s two May 5, 2011 amortization schedules and her May 19, 2011 letter attached!

 

The OCC States:  “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.”  The difficulty with Santa Barbara Bank & Trusts actions goes back to 2007 as also seen in the July 16, 2008 OCC letter. Santa Barbara Bank & Trust has now misinformed the OCC, which requires further review and answers by Santa Barbara Bank & Trust to myself and the OCC!

 

Please see that Santa Barbara Bank & Trust explains to the OCC as to why they have filed an NOD on May 19, 2011 for the 10 paid deferred payments from the 2007 forbearance and workout agreement that have already been paid per the OCC accounting letter of June 30, 2011!  Are Santa Barbara Bank & Trust and Pacific Capital Bancorp’s actions consistent with banking statutes, regulations or any policies that are applicable to nationally chartered banking institutions?

 

Again in this appeal it is important for Santa Barbara Bank & Trust and Pacific Capital Bancorp to give truthful answers to the Office of the Comptroller of the Currency.  National Banks should not have a right to misapply loan payments as seen in the two OCC letters July 16, 2008 and June 30, 2011!   Pleas pay very close attention to email below, dated June 29, 2011 from Diana Jessup Lee; as her statements show Santa Barbara Bank & Trust and Pacific Capital Bancorp Fraud and Breach of Contract!

 

Sincerely

 

Bill Bookout

 

CC U.S. Small Business Administration

 

Attorney General Kamala D. Harris

California Department of Justice

P. O. Box 944255

Sacramento, Ca 94244-2550

·                                  

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

 


From: Bill Bookout [mailto:Pismobeachdiveshop@charter.net]
Sent: Tuesday, July 05, 2011 7:10 AM
To: 'ombudsman@sba.gov'
Cc: 'ombudsman@fdic.gov'; 'dporter@dfi.ca.gov'; 'legal@fdic.gov'; 'lol@rsmediate.com'; 'barney@independent.com'; 'rmiller@newtimesslo.com'
Subject: RE: Bookout/PCB Mediation per thier Bank Fraud and Breach of Contract since 2007

 

July 5, 2011                                 Office of the Comptroller of the Currency Case # 01394465

 

John Walsh

Office of the Comptroller of the Currency Case # 01394465
1301 McKinney Street, Suite 3450
Houston, Texas 77010-9050
Fax # 713-336-4301

 

Dear Mr. John Walsh of the OCC,

 

Pacific Capital Bank and Santa Barbara Bank & Trust are starting to admit to some of their Mortgage Fraud and Breach of Contract through their new Attorney, Diana Jessup Lee. 

 

Please review the email from Diana Jessup Lee on June 29, 2011 and June 28, 2011.  It is now time to go public with Pacific Capital Bancorp actions and it is important for a response from the Office of the Comptroller of the Currency Case # 01394465 in this matter.

 

Sincerely

 

 

Bill Bookout

 


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

 

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

 

Diana Jessup Lee, Esq.

Reicker, Pfau, Pyle & McRoy LLP

1421 State Street, Suite B

Santa Barbara, CA  93101

 

Dear Mrs. Diana Jessup Lee,

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

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

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

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

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

 

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

 

Sincerely

 

 

Bill Bookout 


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

 

Dear Mr. Bookout:

 

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

 

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

 

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

 

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

 

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

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

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

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

 

Diana Jessup Lee, Esq.

Reicker, Pfau, Pyle & McRoy LLP

1421 State Street, Suite B

Santa Barbara, CA  93101

 

Tel:  805-966-2440

Fax:  805-966-3320

E-mail: dlee@rppmh.com

Website:  www.reickerpfau.com

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

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

 


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

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

 

Diana Jessup Lee, Esq.

Reicker, Pfau, Pyle & McRoy LLP

1421 State Street, Suite B

Santa Barbara, CA  93101

 

Dear Mrs. Diana Jessup Lee,

 

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

 

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

 

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

 

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

 

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

 

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

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

 

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

 

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

 

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

 

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

 

Sincerely

 

 

Bill Bookout 


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

 

Dear Mr. Bookout:

 

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

 

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

 

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

 

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

 

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

 

Diana Lee.

Diana Jessup Lee, Esq.

Reicker, Pfau, Pyle & McRoy LLP

1421 State Street, Suite B

Santa Barbara, CA  93101

 

Tel:  805-966-2440

Fax:  805-966-3320

E-mail: dlee@rppmh.com

Website:  www.reickerpfau.com

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

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

 


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

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

 

Diana Jessup Lee, Esq.

Reicker, Pfau, Pyle & McRoy LLP

1421 State Street, Suite B

Santa Barbara, CA  93101

 

Dear Mrs. Diana Jessup Lee,

 

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

 

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

 

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

 

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

 

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

 

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

 

Sincerely

 

Bill Bookout

 

CC  California State Bar

CC  California State Attorney General

 

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

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

Case # 1381216

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

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

 

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

 

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

 

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

 

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

 

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

 

“Deposit Required:

 

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

 

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

 

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

 

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

 

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

 

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

 

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

Sincerely

 

 

Bill Bookout

Pismo Beach Surf Shop

Pismo Beach Dive Shop

 


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

 

Dear Mr. Bookout:

 

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

 

Diana Jessup Lee, Esq.

Reicker, Pfau, Pyle & McRoy LLP

1421 State Street, Suite B

Santa Barbara, CA  93101

 

Tel:  805-966-2440

Fax:  805-966-3320

E-mail: dlee@rppmh.com

Website:  www.reickerpfau.com

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

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

 


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

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

 

Diana Jessup Lee, Esq.

Reicker, Pfau, Pyle & McRoy LLP

1421 State Street, Suite B

Santa Barbara, CA  93101

 

Dear Mrs. Diana Jessup Lee,

 

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

 

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

 

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

 

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

 

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

 

Sincerely

 

Bill Bookout

 

CC Santa Barbara News Press

CC San Luis Obispo New Times


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

 

Dear Mr. Bookout,

 

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

 

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

 

Diana Lee

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


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

 

 

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

 

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

Pacific Capital Bancorp                            --200 E Carrillo St Ste 202

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

Santa Barbara, CA 93101                 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

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

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

 

Dear Mr. Bookout,

 

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

 

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

 

Diana Lee

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

Sincerely

 

Bill Bookout

 

CC

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

1301 McKinney Street, Suite 3450,

Houston, Texas 77010-9050

 

Attorney General Kamala D. Harris

California Department of Justice

P. O. Box 944255

Sacramento, Ca 94244-2550

·                                

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

From: Bill Bookout [mailto:Pismobeachdiveshop@charter.net]
Sent: Friday, December 17, 2010 11:46 AM
To: 'ombudsman@fdic.gov'
Cc: 'ombudsman@sba.gov'; 'legal@fdic.gov'; 'Lcannon@dfi.ca.gov'; 'Linda.Coakley@sba.gov'; 'dporter@dfi.ca.gov'; 'christopher.mckeehan@sba.gov'; 'Ruben.Garcia@sba.gov'; 'grady.hedgespeth@sba.gov'; 'Anthony.Vigil@sba.gov'; 'terrill.ashker@sba.gov'
Subject: RE: Pacific Capital Bank breaking signed contracts and not properly applying principal in a SBA Loan

 

December 17, 2010

 

FDIC Consumer Response Center
2345 Grand Boulevard, Suite 100
Kansas City, MO 64108
877-275-3342
703-812-1020 (Fax number)

 

Re: Pacific Capital Banks Retaliatory actions after asking questions about my SBA Loan # 664-196-4009 Pacific Capital Banks errors of payments and Principal Payments since 2007, per the Pacific Capital Bank-July 2, 2007-Forbearance And Workout Agreement signed by Sandra Sheffield July 2, 2007!  Pacific Capital Banks Intimidation by George C. Lazar to present!

 

Dear FDIC Consumer Response Center, OCC, SBA, DFI

 

It is impossible to communicate with Pacific Capital Banks Attorney George C. Lazar and receive the answers to questions asked of Pacific Capital Bank.  Mr. Lazar of Pacific Capital Bank has not been very cooperative as seen in the documents attached above and his three retaliatory letters received December 16, 2010.  Please view Mr. Lazars December 15, 2010 Email below!   I am now asking the U. S. Small Business Administration—SBA, OCC, DFI and the FDIC to answer the following questions!  Please review all documents at www.pacificcapitalbankquestions.com under SBA Questions and at www.fdicquestions.com

 

In Pacific Capital Banks December 15, 2010 letters (PCB) is now calling my SBA Loan and adding $96,228.27 to the (PCB)—communication by Sandra Sheffield  December 3, 2007 payoff amount of $422,000.00.  This action now brings my SBA Loan payoff to $518,228.27! 

  

1)       Can the FDIC Consumer Response Center, OCC, SBA, DFI explain why my extra Principal Payments of $78.94 are not applied to reduce this SBA Loan?  Please review (PCB) Forbearance agreement and (PCB) accounting to the U.S. Small Business Administration!

2)       Can the FDIC Consumer Response Center, OCC, SBA, DFI explain why the (PCB) July 6, 2007 payment of principal and interest of $22,274.46 does not reduce the SBA Principal Balance per the signed (PCB) SBA 2007 Forbearance agreement? The Comptroller of the Currency on July 16, 2008 stated case # 770567 that this money was for Principal and interest from May 2006-August 2006!  The Forbearance And Workout agreement signed by Pacific Capital Bank P. 3 (# 2 i) explains how PCB was to apply principal for May 2006-through September 2006 per the signed Forbearance agreement?

3)       Pacific Capital Bank in this July 2, 2007 agreement acknowledged the Oceano Nursery flooding problems P. 1 E causing PCB---SBA loan problems.  In the original SBA loan contract is a provision that I was required to fight Inverse Condemnation as is noted!  Pacific Capital Bank on P. 6 ( # 5.) States: “Acknowledgement of Grant of Security Interest in Litigation.”  Can the FDIC Consumer Response Center, OCC, SBA, DFI explain why with this knowledge of (PCB)Oceano Nursery flooding problems that the SBA and PCB would not grant the May 15, 2007 Workout Agreement as first presented by Pacific Capital Bank?

4)       Can the FDIC Consumer Response Center, OCC, SBA, DFI explain why there is no principal reduction as seen in the Pacific Capital Bank September 13, 2010 U.S. Small Business Administration Lenders Transcript of Account?

5)       Can the FDIC Consumer Response Center, OCC, SBA, DFI explain why the July 12, 2007 PCB extra principal payment of $878.94 does not reduce this SBA Loan Principal Balance from $420,024.30?

6)       Can the FDIC Consumer Response Center, OCC, SBA, DFI explain why the July 17, 2007 PCB extra principal payment of $878.94 does not reduce this SBA Loan Principal Balance from $420,024.30?

7)       Can the FDIC Consumer Response Center, OCC, SBA, DFI explain the July 20, 2007 extra principal payment of $478.94 does not reduce this SBA Loan Principal Balance?

8)       Can the FDIC Consumer Response Center, OCC, SBA, DFI explain the December 31, 2007 IRS 1098 form showing no extra principal paid, that was reported to the IRS?

9)       FDIC Consumer Response Center, OCC, SBA, DFI why does Pacific Capital Bank report to the IRS an “Accrued Int Cr Adj” for interest of $635.79 and then not account for this in the Pacific Capital Bank September 13, 2010 SBA “Loan Transaction History”?

10)   FDIC Consumer Response Center, OCC, SBA, DFI, the July 6, 2007 interest on the amount paid of $22,274.46 does not give a break down for these months of interest at 6%?  Could this break down be provided?

11)   Can the FDIC Consumer Response Center, OCC, SBA, DFI have Pacific Capital Bank explain why the Extra Principal payment $1,078.94 paid May 20, 2008 was not applied to principal reduction of the $420,024.30?

12)   Can the FDIC Consumer Response Center, OCC, SBA, DFI explain why the PCB July 30, 2008 extra principal payment of $78.94 does not reduce this SBA Loan Principal Balance of $420,024.30?

13)   Can the FDIC Consumer Response Center, OCC, SBA, DFI explain why the September 2, 2008 extra principal payment of $78.94 does not reduce this SBA Loan Principal Balance $420,024.30?

14)   Can the FDIC Consumer Response Center, OCC, SBA, DFI explain why the September 30, 2008 extra principal payment of $78.94 does not reduce this SBA Loan Principal Balance of $420,024.30?

15)   Can the FDIC Consumer Response Center, OCC, SBA, DFI explain why the November 3, 2008 additional principal payment of $78.94 to PCB, that does not show in their PCB September 12, 2010 SBA “Lender’s Transaction of Account”?  PCB show a payment of $4,121.03 and not the extra $78.94?

16)   Can the FDIC Consumer Response Center, OCC, SBA, DFI explain how Pacific Capital Banks December 3, 2008 additional principal payment of $78.94 does not show in their September 12, 2010 SBA “Lender’s Transaction of Account”?

17)   Can the FDIC Consumer Response Center, OCC, SBA, DFI explain how Pacific Capital Banks January 12, 2009 additional principal payment of $78.94 does not show in the PCB September 12, 2010 SBA “Lender’s Transaction of Account”?

18)   Can the FDIC Consumer Response Center, OCC, SBA, DFI explain the additional Attorney fees for questions asked of Pacific Capital Bank, since the 2007 Forbearance Agreement?  How is Pacific Capital Bank allowed to charge for these SBA Banking questions, that Pacific Capital Bank refuses to answer?

19)   I request from the FDIC Consumer Response Center, OCC, SBA, DFI a copy of the Pacific Capital Bancorp fee documents 9/1//10 for $900.00 for the “Collateral Ecaluation Fee”?

20)   I request a copy from the FDIC Consumer Response Center, OCC, SBA, DFI  of--Pacific Capital Bancorps 9/17/2010 Appraisals for my 1311 Paso Robles Street property and my 470 Price Street property that Pacific Capital Bank is charging my SBA loan for?

21)   I request from the FDIC Consumer Response Center, OCC, SBA, DFI a copy of the Pacific Capital Bancorp Appraisal for the 7/15/2010 “SFR Appraisal Fee” costing $350.00 and charged to my SBA Loan? 

22)   FDIC Consumer Response Center, OCC, SBA, DFI did Pacific Capital Bank in 2007 do an appraisal for my personal residence, that was required for security in this SBA loan in 2007?  What value did the SBA put on this property at this time?

23)   Can the FDIC Consumer Response Center, OCC, SBA, DFI explain the 3/8/2010 $50.00 Attorney “Legal Fee” and any documents generated from this fee by Pacific Capital Bank? 

24)   Can the FDIC Consumer Response Center, OCC, SBA, DFI explain the June 18, 2007 PCB acknowledgement of a payment in May that Pacific Capital Bank forget that they had received in their May 17, 2007 actions?  Please review the June 19, 2007 letter to Pacific Capital Bank!

25)   Can the FDIC Consumer Response Center, OCC, SBA, DFI comment on the George C. Lazar June 21, 2007 letter and explain if this is normal with all SBA LoansThis letter was received on July 5, 2007 after signing the PCB Forbearance Agreement sent to the wrong zip code! 

26)   Can the FDIC Consumer Response Center, OCC, SBA, DFI explain why Pacific Capital Bank is allowed to charge for communication with Pacific Capital Bank after the July 2, 2007 Forbearance Agreement as PCB requested communication with George C. Lazar in his July 17, 2007 letter?  SBA Customers should have a Right to Ask Question’s of their SBA Loans!  Please see July 23, 2007 letter to George C. Lazar explaining Pacific Capital Banks Actions!

27)   Is it normal for SBA Banks to Intimidate Customers as seen in George C. Lazars July 23, 2007 letterMr. Lazar mentions Mistakes made by Pacific Capital Bank and then talks about the payment made to PCB, taken out of my account before PCB’s May 17, 2007 actions!  The Forbearance Agreement mentioned by Mr. Lazar would be May 15, 2007 and not the actions after by Pacific Capital Bank including not properly notifying me of my rights per the June 21st 2007 George C. Lazar letter that he sent to the wrong zip code, in which I did not receive until after my signed Forbearance and Workout agreement prepared by Mr. Lazar!  How is this action legal by a SBA Bank?

28)   Is it normal for all U. S. Small Business Administration Customer’s to not receive answers to their questions as seen in the July 25, 2007 letter to George C. Lazar?

29)   FDIC Consumer Response Center, OCC, SBA, DFI---In the December 14, 2010 and December 15, 2010 Pacific Capital Bank letters!  Why does Pacific Capital Bank need to receive a response to the questions asked of Pacific Capital Bank since 2007 from the Comptroller of the Currency Administrator of National Banks---RE: Case # 770567-- Case# 01388906?   These questions should be freely answered!

 

It is time for the Small Business Administration to see that all of these issues and questions above are resolved and I ask for the SBA’s help in this public matter.  All communication and documents can be seen also at www.pacificcapitalbankquestions.com and at www.fdicquestions.com

 

A)      November 6, 2006 Oceano Nursery payment of $4,386.41 Deposited to Pacific Capital Bank payment account.

B)      January 2, 2007 Accounting of conversations with Pacific Capital Bank

C)      March 12, 2007 letter written to First Bank and Sandra Sheffield regarding desire to stay in business.

D)      March 15, 2007 Initial Forbearance Agreement by Sandra Sheffield.

E)      April 17, 2007 (PCB)---(SBA) Forbearance Agreement written by Sandra Sheffield.

F)      May 11, 2007 Pacific Capital Bank payment removed from account per May 15, 2007 PCB letter from Sandra Sheffield.

G)     May 15, 2007 Sandra Sheffield Forbearance letter agreement costing $13,865.22  -$4,377.67 paid May 11, 2007 would have been $9,487.55!

H)      May 17, 2007 (PCB) Sandra Sheffield letter reneging on May 15, 2007 workout agreement.

I)         June 1, 2007 Forbearance Agreement prepared by Pacific Capital Banks Attorney George C. Lazar.

J)       June 4, 2007 Letter written by Pacific Capital Banks Attorney George C. Lazar.

K)      June 6, 2007 Letter written by Pacific Capital Banks Attorney George C. Lazar.

L)       June 12, 2007 Letter Written to (PCB) Reese Davies regarding George C. Lazar.

M)     June 13, 2007 Fax from Pacific Capital Banks Attorney George C. Lazar showing the May 11, 2007 (PCB) payment.

N)      June 18, 2007 Fax from Pacific Capital Banks Attorney George C. Lazar regarding May 11, 2007 payment.

O)     June 19, 2007 Letter written by Pacific Capital Banks Attorney George C. Lazar regarding May 11, 2007 payment.

P)      June 19, 2007 Pacific Capital Bank Deposit History—Showing the May 11, 2007 payment.

Q)     June 21, 2007 (PCB) George C. Lazar holding of funds letter sent to wrong address.

R)      June 28, 2007 Letter and new Forbearance Agreement written by Pacific Capital Banks Attorney George C. Lazar.

S)      July 2, 2007 Pacific Capital Bank Signed and faxed Forbearance Agreement by Sandra Sheffield.

T)       July 6, 2007 Letter written by Pacific Capital Banks Attorney George C. Lazar.

U)      July 17, 2007 Letter written to Sandra Sheffield of Pacific Capital Bank.

V)      July 17, 2007 Letter written by Pacific Capital Banks Attorney George C. Lazar.  RE: Sandra Sheffield.

W)    July 17, 2007 Pacific Capital Bank Loan Accounting.

X)       July 18, 2007 Pacific Capital Bank Loan Accounting.

Y)      July 19, 2007 Pacific Capital Bank Loan Accounting and notes—with PCB posting correction.

Z)       July 23, 2007 Pacific Capital Bank Loan Accounting and notes---with PCB posting correction.

AA) July 23, 2007 Letter written to Pacific Capital Banks Attorney George C. Lazar.

BB) July 23, 2007 Fax from Pacific Capital Banks Attorney George C. Lazar.

CC) July 23, 2007 Letter written by Pacific Capital Banks Attorney George C. Lazar.

DD) July 24, 2007 Pacific Capital Bank Loan Accounting---with PCB posting correction.

EE) July 25, 2007 Pacific Capital Bank Loan Accounting, with PCB posting corrections.

FF)  July 25, 2007 letter written to Pacific Capital Banks Attorney George C. Lazar.

GG)July 26, 2007 Pacific Capital Bank Loan Accounting---with PCB posting correction and lowering interest due.

HH) July 27, 2007 Pacific Capital Bank Loan Accounting---with PCB changing interest due to reduction to Late Charges paid!

II)       July 28, 2007 Pacific Capital Bank Loan Accounting---with PCB changing interest due to reduction to Late Charges paid!

JJ)    August 1, 2007 Pacific Capital Bank Loan Accounting---with PCB changing interest due and reapplying Late Charges!

KK) September 15, 2007 Pacific Capital Bank Loan Accounting---with PCB lowering interest due and late charge!

LL)   May 20, 2008 Pacific Capital Bank Loan Accounting---with PCB changing Late Charges paid!

MM)                       November 26, 2008 communication with the SBA (Cynthia Pope) with Complaint to OCC

NN) November 30, 2008 communication with the SBA (Cynthia Pope) Explaining problems with Pacific Capital Bank SBA Loan.

OO)September 13, 2010 Pacific Capital Banks Accounting to the SBA showing their actions not in line with the 2007 Forbearance and Workout Agreement!

PP) September 20, 2010 (PCB) Email from Sandra Sheffield showing U. S. Small Business Accounting of SBA loan and Payments!

QQ)December 3, 2010 (PCB) Email from Sandra Sheffield with pay off Amount of $422,000.00

RR) December 14, 2010 George C. Lazar letter ( Communication to Pacific Capital Bank)

SS) December 15, 2010 George C. Lazar letter ( Questions propounded to Pacific Capital Bank)

TT)   December 15, 2010 George C. Lazar letter ( Agreement for Release of Collateral)

UU) December 15, 2010 George C. Lazar letter ( Default under Forbearance and Workout Agreement)

 

It is unfortunate that with Pacific Capital Banks actions that I am now forced to close all of my businesses, in Pismo Beach!  Again, I ask for the help of the OCC, FDIC, DFI, Public and the SBA per Pacific Capital Banks actions from 2007 to present!  The questions asked of Pacific Capital Bank need to be answered!  Please view all documents at www.pacificcapitalbankquestions.com and at www.fdicquestions.com

 

Please note, that prior to the 2007 Forbearance and Workout Agreement prepared by George C. Lazar-----Pacific Capital Bank had taken a payment on May 11, 2007 for the May 15, 2007 Work out plan that Pacific Capital Bank then reneged on May 17, 2007.  This payment is addressed by Pacific Capital Bank above on June 21, 2007 and sent to the wrong zip code.  This action had a very large impact on this Forbearance and Workout Agreement prepared by George C. Lazar.  This Pacific Capital Bank action needs to looked at by the SBA, FDIC, DFI and the Comptroller of the Currency Administrator of National Banks.

 

Please see that all of my questions asked of Pacific Capital Bank are answered!  Pacific Capital Bank has given Pismo Beach Dive Shop only 15 days to come up with $96,228.27 which is the cause of the now foreclosure sale of my Pismo Beach Businesses

 

Sincerely

 

Bill Bookout

 

CC  Carlos Mendoza----SBA

CC  Terrill K. Asker----SBA----Fresno District Counsel (Acting)

CC  Ruben Garcia-----SBA

CC  Anthony Vigil-----SBA

CC  Grady.Hedgespeth-------SBA

CC  Christopher Mckeehan----SBA

CC  Ombudsman--------SBA----FDIC

CC  San Luis Obispo District Attorney---Debra Vallely--Director, Economic Crime Unit

CC  Comptroller of the Currency Administrator of National Banks---RE: Case # 770567-- Case# 01388906

CC  William S. Haraf---D. Porter---California Department Of Financial Institutions

 

 


From: Bill Bookout [mailto:Pismobeachdiveshop@charter.net]
Sent: Thursday, December 16, 2010 4:51 PM
To: 'Carlos.Mendoza@sba.gov'
Cc: 'ombudsman@fdic.gov'; 'ombudsman@sba.gov'; 'legal@fdic.gov'; 'Linda.Coakley@sba.gov'; 'dporter@dfi.ca.gov'; 'Carol.Zepke@pcbancorp.com'; 'Debbie.Whiteley@pcbancorp.com'; 'Debra.stevens@pcbancorp.com'; 'christopher.mckeehan@sba.gov'; 'Ruben.Garcia@sba.gov'; 'grady.hedgespeth@sba.gov'; 'Anthony.Vigil@sba.gov'; 'Mark.K.Olson@pcbancorp.com'; 'rmiller@newtimesslo.com'; 'sduerr@thetribunenews.com'; 'crigley@newtimsslo.com'; 'news@ksby.com'; 'news12@kcoy.com'; 'dwalters@sacbee.com'; 'velie@calcoastnews.com'; 'terrill.ashker@sba.gov'; 'George C. Lazar'
Subject: RE: Pacific Capital Bank breaking signed contracts and not properly applying principal in a SBA Loan

 

December 16, 2010

 

Small Business Administration---SBA Loan # 664-196-4009

Comptroller of the Currency Administrator of National Banks---RE: Case # 770567 –Case # 01388906

 

Dear Mr. Carlos Mendoza-----FDIC and the Comptroller of the Currency Administrator of National Banks.  

 

Pacific Capital Banks December 15, 2010 foreclosure notice demand of my SBA 1311 Oceano Nursery property, 631 Lake Street House and my 470 Pismo Beach business property that I operate Pismo Beach Dive Shop, Plumerias Garden and Gifts and Pismo Beach Surf Shop out of.  Attached above are retaliatory letters after my complaint to the OCC as seen in Pacific Capital Banks December 14, 2010 letter and December 15, 2010 letters attached above.

 

Please review Pacific Capital Banks retaliatory actions as seen above after complaining to the SBA and the Comptroller of the Currency Administrator of National Banks---RE: Case # 770567--Case# 01388906

 

It is unfortunate that with Pacific Capital Banks actions that I am now forced to close all of my businesses, in Pismo Beach!  Again, I ask for the help of the OCC, FDIC, Public and the SBA per Pacific Capital Banks actions from 2007 to present!  The questions asked of Pacific Capital Bank need to be answered!  Please view all documents at www.pacificcapitalbankquestions.com and at www.fdicquestions.com

 

Please note, that prior to the 2007 Forbearance and Workout Agreement prepared by George C. Lazer-----Pacific Capital Bank had taken a payment on May 11, 2007 for the May 15, 2007 Work out plan that Pacific Capital Bank then reneged on May 17, 2007 After receiving false information from Heritage Oaks Bank.  This payment is addressed by Pacific Capital Bank above on June 21, 2007 and sent to the wrong zip code.  This action had a very large impact on this Forbearance and Workout Agreement prepared by George C. Lazer.  This Pacific Capital Bank action needs to looked at by the SBA, FDIC and the Comptroller of the Currency Administrator of National Banks.

 

Sincerely

 

Bill Bookout

 

CC  Carlos Mendoza----SBA

CC  Terrill K. Asker----SBA----Fresno District Counsel (Acting)

CC  Ruben Garcia-----SBA

CC  Anthony Vigil-----SBA

CC  Grady.Hedgespeth-------SBA

CC  Christopher Mckeehan----SBA

CC  Ombudsman--------SBA----FDIC

CC  San Luis Obispo District Attorney---Debra Vallely--Director, Economic Crime Unit

CC  Comptroller of the Currency Administrator of National Banks---RE: Case # 770567-- Case# 01388906

CC  William S. Haraf---D. Porter---California Department Of Financial Institutions

CC  Cal Coast News

CC  San Luis Obispo Tribune

CC  San Luis Obispo New Times

CC  FDIC Consumer Response Center
      2345 Grand Boulevard, Suite 100
      Kansas City, MO 64108
      877-275-3342
      703-812-1020 (Fax number)

 


From: Bill Bookout [mailto:Pismobeachdiveshop@charter.net]
Sent: Wednesday, December 15, 2010 5:43 PM
To: 'George C. Lazar'
Cc: 'Carlos.Mendoza@sba.gov'; 'ombudsman@sba.gov'; 'ombudsman@fdic.gov'; 'legal@fdic.gov'; 'dporter@dfi.ca.gov'; 'Carol.Zepke@pcbancorp.com'; 'Debbie.Whiteley@pcbancorp.com'; 'Debra.stevens@pcbancorp.com'; 'christopher.mckeehan@sba.gov'; 'Linda.Coakley@sba.gov'; 'Ruben.Garcia@sba.gov'; 'grady.hedgespeth@sba.gov'; 'Anthony.Vigil@sba.go'; 'Mark.K.Olson@pcbancorp.com'; 'rmiller@newtimesslo.com'; 'sduerr@thetribunenews.com'; 'Wilson, Nick - SLO'; 'news@ksby.com'; 'news12@kcoy.com'
Subject: RE: Pacific Capital Bank breaking signed contracts and not properly applying principal in a SBA Loan

 

December 15, 2010

 

Mr. George C. Lazer,

 

Please be advised that yours and Sandra Sheffields actions have been turned over to Carlos Mendoza of the SBA and made public.  You may view both of your actions at www.pacificcapitalbankquestions.com

 

If you do intend to respond-----Please answer all of the questions asked of Carlos Mendoza on December 15, 2010!  Please view these questions under SBA Questions at www.pacificcapitalbankquestions.com along with all Pacific Capital Banks documents attached in pdf files!

 

Please copy those attached above in all future communication

 

Sincerely

 

Bill Bookout

Oceano Nursery

 


From: George C. Lazar [mailto:GLazar@foxjohns.com]
Sent: Wednesday, December 15, 2010 7:07 AM
To: Bill Bookout
Subject: RE: Pacific Capital Bank breaking signed contracts and not properly applying principal in a SBA Loan

 

Mr. Bookout:

 

Your email to me will be responded to in a letter to be sent out in the next day or two.

 

If there is anything in the interim, please let me know. 

 

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

Toll Free:     877.272.3734
Mobile:        619.823.7375

Fax:            877.227.0150
email:          glazar@foxjohns.com

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

 

From: Bill Bookout [mailto:Pismobeachdiveshop@charter.net]
Sent: Tuesday, December 14, 2010 7:30 PM
To: George C. Lazar
Cc: 'Wilson, Nick - SLO'; news@ksby.com; news12@kcoy.com
Subject: RE: Pacific Capital Bank breaking signed contracts and not properly applying principal in a SBA Loan

 


From: Bill Bookout [mailto:Pismobeachdiveshop@charter.net]
Sent: Tuesday, December 14, 2010 6:23 PM
To: 'glazar@foxjohns.com'
Cc: 'Ashker, Terrill K.'; 'Carlos.Mendoza@sba.gov'; 'ombudsman@sba.gov'; 'ombudsman@fdic.gov'; 'legal@fdic.gov'; 'dporter@dfi.ca.gov'; 'Carol.Zepke@pcbancorp.com'; 'Debbie.Whiteley@pcbancorp.com'; 'Debra.stevens@pcbancorp.com'; 'christopher.mckeehan@sba.gov'; 'Linda.Coakley@sba.gov'; 'Ruben.Garcia@sba.gov'; 'grady.hedgespeth@sba.gov'; 'dvallely@co.slo.ca.us'; 'Anthony.Vigil@sba.gov'; 'consumer@dfi.ca.gov'; 'trossi@finprofiles.com'; 'sandra.sheffield@pacificcapitalbank.com'; 'rmiller@newtimesslo.com'; 'Colin Rigley'; 'sduerr@thetribunenews.com'; 'bray@thetribunenews.com'; 'Mark.K.Olson@pcbancorp.com'
Subject: RE: Pacific Capital Bank breaking signed contracts and not properly applying principal in a SBA Loan

 

December 14, 2010

 

Dear Mr. Lazer

 

RE:  Your Letter Email, attached above!

 

Please see that the questions asked of Pacific Capital Bank and Sandra Sheffield Vice President SBA Credit Administration are answered.  In our last communication you had stated:  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.

 

This is a SBA Loan and California Banking Customers should be entitled to have answers to their questions, without a Charge!  This SBA Loan problem that Pacific Capital Bank has created is now public knowledge as seen at www.pacificcapitalbankquestions.com

 

I have attached local News Media above as California and San Luis Obispo County Residents should have full knowledge of Pacific Capital Banks SBA Loan actions affecting Oceano Nursery in 2007 to present!  Please inform Gerald J. Ford and Mr. Olson of the questions that have been asked of Pacific Capital Bank! 

 

Please inform Pacific Capital Bancorp, that I will not pay Pacific Capital Bancorp, money to have my questions answered, as you have stated! “$750.00 to cover anticipated attorney's fees incurred in responding to the requests for information.”  I will no longer put up with your intimidation as seen again in your letter dated December 14, 2010!  You Are not entitled to Attorney fees as seen in your closing statement for my questions asked of Pacific Capital Bancorp!

 

Sincerely

 

Bill Bookout

 

CC  Carlos Mendoza----SBA

CC  Terrill K. Asker----SBA----Fresno District Counsel (Acting)

CC  Ruben Garcia-----SBA

CC  Anthony Vigil-----SBA

CC  Grady.Hedgespeth-------SBA

CC  Christopher Mckeehan----SBA

CC  Ombudsman--------SBA----FDIC

CC  San Luis Obispo District Attorney---Debra Vallely--Director, Economic Crime Unit

CC  Comptroller of the Currency Administrator of National Banks---RE: Case # 770567-- Case# 01388906

CC  William S. Haraf---D. Porter---California Department Of Financial Institutions

CC  Cal Coast News

CC  San Luis Obispo Tribune

CC  San Luis Obispo New Times

 

From: George C. Lazar [mailto:GLazar@foxjohns.com]
Sent: Tuesday, December 14, 2010 5:09 PM
To: pismobeachdiveshop@charter.net
Subject: Pacific Capital Bank

 

Mr. Bookout:

Please see attached letter.

<<C35_Ltr2BookoutRECommunications 101214.pdf>>

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

Toll Free:     877.272.3734
Mobile:        619.823.7375

Fax:            877.227.0150
email:         
glazar@foxjohns.com

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


From: Bill Bookout [mailto:Pismobeachdiveshop@charter.net]
Sent: Monday, December 13, 2010 10:05 AM
To: 'sandra.sheffield@pacificcapitalbank.com'
Cc: 'Ashker, Terrill K.'; 'Carlos.Mendoza@sba.gov'; 'velie@coastnews.com'; 'rmiller@newtimesslo.com'; 'Colin Rigley'; 'ombudsman@sba.gov'; 'ombudsman@fdic.gov'; 'legal@fdic.gov'; 'dporter@dfi.ca.gov'; 'Carol.Zepke@pcbancorp.com''; 'Debbie.Whiteley@pcbancorp.com''; 'christopher.mckeehan@sba.gov'; 'Linda.Coakley@sba.gov'; 'Ruben.Garcia@sba.gov'; 'grady.hedgespeth@sba.gov'; 'Ponder, Mary'; 'dvallely@co.slo.ca.us'; 'Anthony.Vigil@sba.gov'; 'consumer@dfi.ca.gov'; 'Narlene Carter-Keenan'; 'trossi@finprofiles.com'
Subject: RE: Lake Street - William Bookout

 

December 13, 2010

 

Pacific Capital Bank

Sandra Sheffield, Vice President
SBA Credit Administration
Pacific Capital Bank
591 Camino de la Reina, Suite 1010
San Diego, CA. 92108-3112
619.260.4483 office

 

Dear Mrs. Sheffield

 

RE: SBA Loan Questions and Pacific Capital Banks actions since December 4, 2010 requests of Pacific Capital Bank:

 

The Sale of the 631 Lake Street Oceano property has been canceled, with Pacific Capital Banks communication with Keller Williams Reality on December 6, 2010!   The SBA and Pacific Capital Bancorp required this property in 2007 as additional collateral.  Please review Pacific Capital Bank documents attached above!

 

I am again officially requesting that my questions asked of the SBA on December 3, 2010 and the Pacific Capital Bank on December 4, 2010 be immediately answered by Pacific Capital Bancorp; along with a few additional questions and requests below! 

 

1)       I request that Pacific Capital Bancorp, pay Keller Williams their 631 Lake Street commission along with Escrow fees incurred to date?

2)       I request a copy of the Pacific Capital Bancorp fee documents 9/1//10 for $900.00 for the “Collateral Ecaluation Fee”?

3)       I request a copy of the Pacific Capital Bancorp or (Bank) 9/17/2010 Appraisals for my 1311 Paso Robles Street property and my 470 Price Street property that Pacific Capital Bank is charging for?

4)       I request a copy of the Pacific Capital Bancorp Appraisal for the 7/15/2010 “SFR Appraisal Fee” costing $350.00 and charged to my SBA Loan?  Please provide a copy of this Appraisal to Carrington Mortgage Services, who should have full knowledge of Pacific Capital Banks actions since 2007 affecting this SFR mortgage!

5)       I request that Pacific Capital Bancorp purchase the 631 Lake Street property from Carrington Mortgage Services affected by the 2007 PCB Work Out Agreement!

6)       Please explain what the 6/3/2010 “UCC Search Fee” $15.50 is and provide any copy of documents?

7)       Please provide an explanation of the 3/8/2010 $50.00 Attorney “Legal Fee” and any documents generated from this fee?

      7)   I request that Pacific Capital Bancorp, explain Pacific Capital Banks statement of December 6, 2010 that was brought to my attention by Keller Williams?    “Narlene,  We will take $5,000 under the condition that Mr. Bookout signs our Agreement to Release Collateral.  I do not believe he will agree to that because it states that he will still be liable for the remaining balance.”  See attached PCB document above!

 

The questions asked of Pacific Capital Bancorp, are now public record.  I would like to have all of my questions answered of Pacific Capital Bancorp by December 15, 2010.  Please view these questions also at www.pacificcapitalbankquestions.com

 

Sincerely

 

Bill Bookout 

 

CC  Carlos Mendoza----SBA

CC  Terrill K. Asker----SBA----Fresno District Counsel (Acting)

CC  Ruben Garcia-----SBA

CC  Anthony Vigil-----SBA

CC  Grady.Hedgespeth-------SBA

CC  Christopher Mckeehan----SBA

CC  Ombudsman--------SBA----FDIC

CC  San Luis Obispo District Attorney---Debra Vallely--Director, Economic Crime Unit

CC  Comptroller of the Currency Administrator of National Banks---RE: Case # 770567

CC  William S. Haraf---D. Porter---California Department Of Financial Institutions

 

First Bank Of San Luis Obispo Online Accounting as of December 12, 2010.

 

 

Date

Description

Category

Debit

Credit

Balance

11/16/2010

Automatic

 

$206.05

 

$390,996.91

10/18/2010

Automatic

 

$206.05

 

$390,996.91

9/17/2010

Collateral Ecaluation Fee

 

$900.00

 

$390,996.91

9/17/2010

Appraisal Fee

 

$2,800.00

 

$390,996.91

9/16/2010

Automatic

 

$206.05

 

$390,996.91

8/16/2010

Automatic

 

$206.05

 

$390,996.91

7/16/2010

Automatic

 

$206.05

 

$390,996.91

7/15/2010

SFR Appraisal Fee

 

$350.00

 

$390,996.91

6/16/2010

Automatic

 

$206.05

 

$390,996.91

6/3/2010

UCC Search Fee

 

$15.50

 

$390,996.91

5/17/2010

Automatic

 

$206.05

 

$390,996.91

4/16/2010

Automatic

 

$206.05

 

$390,996.91

3/16/2010

Automatic

 

$206.05

 

$390,996.91

3/8/2010

Legal Fee

 

$50.00

 

$390,996.91

2/16/2010

Automatic

 

$206.05

 

$390,996.91

1/19/2010

Automatic

 

$206.05

 

$390,996.91

 

 

 

 

Santa Barbara Bank & Trust, First National Bank of Central California, South Valley National Bank, San Benito Bank and First Bank of San Luis Obispo are divisions of Pacific Capital Bank, N.A., member FDIC.

© 2010 Pacific Capital Bank, N.A. All rights reserved.

 

From: Narlene Carter-Keenan [mailto:narlene@kw.com]
Sent: Tuesday, December 07, 2010 9:30 AM
To: pismobeachdiveshop@charter.net; Oceano Nursery
Cc: Kristel Thyrring; MaryJane Ponder
Subject: Fw: Lake Street - William Bookout

 

Bill and Vicki,

 

I hate to trouble you with this while you are on vacation. However, I think that Lake Street is a done deal. You need to get an attorney to help you with Pacific Capital Bank. They are not willing to work with us and I cannot help you with them. I cannot advise you to sign what they are requesting. Plus you still need to get rid of the two leins on the property.

 

At this time I think we need to pull Lake Street off of the market and let Carrington do what they want to do with it, in their time. I advise you to get an attorney to deal with Pacific Capital Bank.

 

Aloha, Narlene

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

From: Sandra Sheffield

To: 'Narlene Carter-Keenan'

Sent: Monday, December 06, 2010 5:04 PM

Subject: RE: Lake Street - William Bookout

 

Narlene,

 

We will take $5,000 under the condition that Mr. Bookout signs our Agreement to Release Collateral.  I do not believe he will agree to that because it states that he will still be liable for the remaining balance.

 

Sandra Sheffield, Vice President

SBA Credit Administration

Pacific Capital Bank

591 Camino de la Reina, Suite 1010

San Diego, CA.  92108-3112

619.260.4483 office

619.260.4444 fax

 

From: Narlene Carter-Keenan [mailto:narlene@kw.com]
Sent: Tuesday, November 30, 2010 10:10 AM
To: Sandra Sheffield
Cc: pismobeachdiveshop@charter.net
Subject: Lake Street - William Bookout

 

Sandra,

 

The first is requiring Mr. Bookout to bring $5,000 to excrow to close the escrow. He does not have the money. Will you take $5,000 from the first? So, that they can use the other $5,000 as his contribution. Then we can get the lake street property closed.

 

Narlene

******************************************************************************
This e-mail is intended only for the use of the individual or entity
to which it is addressed and may contain information which is
privileged, confidential, and exempt from disclosure under applicable
law. If you are not the intended recipient, or an employee or agent
of the intended recipient, you are hereby notified that any
dissemination, distribution, or copying of this communication is
strictly prohibited.  If you have received this communication in error
please notify us immediately by replying to postmaster@pcbancorp.com.
 

From: Bill Bookout [mailto:Pismobeachdiveshop@charter.net]
Sent: Saturday, December 04, 2010 12:27 PM
To: 'sandra.sheffield@pacificcapitalbank.com'
Cc: 'Ashker, Terrill K.'; 'Carlos.Mendoza@sba.gov'; 'velie@coastnews.com'; 'ombudsman@sba.gov'; 'ombudsman@fdic.gov'; 'legal@fdic.gov'; 'dporter@dfi.ca.gov'; 'grady.hedgespeth@sba.gov'; 'Ruben.Garcia@sba.gov'; 'Linda.Coakley@sba.gov'; 'christopher.mckeehan@sba.gov'; 'Colin Rigley'; 'rmiller@newtimesslo.com'; 'Debbie.Whiteley@pcbancorp.com'; 'Carol.Zepke@pcbancorp.com'
Subject: RE: Ref. No SCC2009N-000518-0 Heritage Oaks Bank Theft or mistakes of Principal Paid to loan #

 

December 4, 2010

 

Pacific Capital Bank

 

Dear Mrs. Sheffield

 

Thank you, for your response, attached below!  Yes, please provide a payoff statement for loan # 100983501.  It is my understanding that Pacific Capital Bank will be receiving $10,000.00 from the sale of my personal residence, that the SBA/Pacific Capital Bank required as collateral in the 2007----------Per the SBA workout agreement as you stated April 17, 2007 “SBA approval and subject to the following terms and conditions:”

 

Attached below are some questions asked of the SBA that I would like answered with the Pacific Capital Bank payoff statement.  All documents regarding these questions can be seen at www.pacificcapitalbankquestions.com

 

It is very unfortunate that Heritage Oaks Bank had misinformed Pacific Capital Bank and the SBA as seen in your May 15, 2007 workout agreement document with a cost of only $13,865.00 compared to the May 17, 2007 actions taken by the SBA and Pacific Capital Bank, costing $48,199.46 and putting Oceano Nursery out of Business with the signed SBA/Pacific Capital Banks July 2, 2007 work out agreement!

 

This additional $34,334.24 would have made a great difference in 2003 SBA business loan!  This would have made my SBA payments in 2010!  This would have given Oceano Nursery a chance, as I tried reopening Oceano Nursery after my Inverse Condemnation Lawsuit in 2008 and the POVE money used to help rebuild the Oceano Nursery in September and October 2008!

 

I do have a couple of questions that I did not ask of the SBA attached below and that is:  Why would the SBA/Pacific Capital Bank need my personal residence as collateral when Pacific Capital Bank had an appraisal of $530,000.00 on my SBA Oceano Nursery property and a $1,500,000.00 appraisal on my Pismo Beach Property in 2007? 

 

When the SBA/Pacific Capital Bank initiated foreclosure on May 17, 2007 after Pacific Capital Bank communication with Heritage Oaks Bank; would the SBA and Pacific Capital Bank try to foreclose on my Pismo Beach Property, First rather then the Oceano Nursery property with an appraisal of $530,000.00? 

 

Why would Pacific Capital Bank require as seen in the E-mail below on May 12, 2008, that I would have to pay to have my questions answered of Pacific Capital Bank?  The requests you have made, and the delinquencies in the documentation, have resulted in the Bank incurring additional attorney's fees.  As a result, you are requested to forward to Pacific Capital Bank, c/o Ms. Sheffield, a check in the amount of $750.00 to cover anticipated attorney's fees incurred in responding to the requests for information.  Of course, this amount is only an estimate, and if the fees exceed the amount received, an additional deposit will be required.  Please forward the deposit as soon as possible so that the Bank can begin work on the research you have requested.”

 

The questions asked of the SBA and Pacific Capital Bank, are now public record.  I would like to have all of my questions answered by December 15, 2010.

 

Sincerely

 

Bill Bookout

 

 

 

 

SUBJECT:

RE: Resolution Offer - Bookout v. State of California et al. [CONFIDENTIAL]

FROM:

 

SANDRA.SHEFFIELD@pacificcapitalbank.com

TO:

 

Pismobeachdiveshop@charter.net

SENT:

 

Fri 03 Dec 2010 13:25:50 PST

EXPIRES:

 

Tue 01 Feb 2011 13:25:50 PST

 

 

 

 

Mr. Bookout,

The Bank will not take less on your loan than what is owed. The loan must be paid in full. Currently, the loan balance is approximately $422,000. Please let me know if you need a payoff statement.

Sandra Sheffield, Vice President
SBA Credit Administration
Pacific Capital Bank
591 Camino de la Reina, Suite 1010
San Diego, CA. 92108-3112
619.260.4483 office
619.260.4444 fax

From: Bill Bookout [mailto:Pismobeachdiveshop@charter.net]
Sent: Thursday, December 02, 2010 11:34 AM
To: Sandra Sheffield
Cc: 'Greg Connell'
Subject: RE: Resolution Offer - Bookout v. State of California et al.

December 2, 2010

Sandra Sheffield, Vice President
SBA Credit Administration
Pacific Capital Bank
591 Camino de la Reina, Suite 1010
San Diego, CA. 92108-3112
619.260.4483 office

Dear Mrs. Sheffield,

What is the current payoff of this SBA loan; per the letter attached below to Caltrans, County of San Luis Obispo, OCSD and Union Pacific Railroad, per our loan agreement?

Would the SBA and Pacific Capital Bank be willing to take less of a payoff on this loan as all attached need our SBA loaned property to fix the flooding of State Highway 1?

The County of San Luis Obispo documents in what had been withheld from discovery in exhibit 579 back in 2002 and 2001, show the whole west side of Oceano flooding prior to State Highway 1.

Sincerely

Bill Bookout

________________________________
From: Greg Connell [mailto:gconnell@bbrlawfirm.com]
Sent: Thursday, December 02, 2010 10:35 AM
To: 'Adam M. Daner'; 'Thomas Cregger'; mpott@porterscott.com; tcassidy@porterscott.com; derek_van_hoften@dot.ca.gov
Cc: 'John W. Belsher'; 'Bill Bookout'
Subject: Resolution Offer - Bookout v. State of California et al.

Counsel,

As you know our petition to the CA Supreme Court was recently rejected. I know our client is very disappointed with the Court of Appeals ruling and the Supreme Court's rejection of our petition on his flooding issues. He is currently considering filing another petition to the US Supreme Court. Our client has asked us to present all the defendants in this case with a possible final resolution of this litigation and the flooding issues on Hwy 1, 13th Street, and Paso Robles Street in Oceano. Our client would waive any further appeals or petitions in this matter, cease alerting and informing the media about this case, and cease posting factual information on the internet regarding this matter in exchange for dismissal of the judgments each defendant has against him and a collective buyout of his property on 13th Street in Oceano (approximate value $400,000, or whatever the bank will agree to short sale the property for), to be used by the defendants for any future remediation efforts at this location, such as a drainage basin or drainage easement.

Feel free to contact me or John Belsher to discuss this final resolution. If we don't hear from you by December 23, 2010, we will assume you have no interest in this type of resolution.

Regards,
Gregory A. Connell, Esq.
BELSHER, BECKER & ROBERTS
412 Marsh Street
San Luis Obispo, California 93401
Telephone: (805) 542-9900
Facsimile: (805) 542-9949
gconnell@bbrlawfirm.com<blocked::mailto:gconnell@bbrlawfirm.com>
The information contained in this transmission and any attached files are intended only for the named addressee(s) and may contain confidential, proprietary and/or privileged attorney-client material. Any interception, review, retransmission, dissemination, or other use of this information by parties other than the intended recipient(s) is strictly prohibited. If you received this communication in error, please notify the sender using either the "Reply" command or via telephone at (805) 542-9900.


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This e-mail is intended only for the use of the individual or entity
to which it is addressed and may contain information which is
privileged, confidential, and exempt from disclosure under applicable
law. If you are not the intended recipient, or an employee or agent
of the intended recipient, you are hereby notified that any
dissemination, distribution, or copying of this communication is
strictly prohibited. If you have received this communication in error
please notify us immediately by replying to postmaster@pcbancorp.com.
******************************************************************************

 

 

 

 


From: Bill Bookout [mailto:Pismobeachdiveshop@charter.net]
Sent: Friday, December 03, 2010 2:13 PM
To: 'Ashker, Terrill K.'
Cc: 'Linda.Coakley@sba.gov'; 'Ruben.Garcia@sba.gov'; 'grady.hedgespeth@sba.gov'; 'christopher.mckeehan@sba.gov'; 'ombudsman@sba.gov'; 'ombudsman@fdic.gov'; 'dporter@dfi.ca.gov'; 'consumer@dfi.ca.gov'; 'legal@fdic.gov'; 'dvallely@co.slo.ca.us'; 'ajsantana@co.slo.ca.us'; 'Colin Rigley'; 'rmiller@newtimesslo.com'; 'velie@coastnews.com'; 'Carlos.Mendoza@sba.gov'
Subject: RE: Ref. No SCC2009N-000518-0 Heritage Oaks Bank Theft or mistakes of Principal Paid to loan #

 

December 3, 2010

 

Small Business Administration---SBA Loan # 664-196-4009

 

Dear Mr. Terrill K. Asher Fresno District Counsel (Acting)

Carlos Mendoza, Anthony Virgil and Linda Coakley

 

Thank you for your response The Small Business Administration is not able to answer any of your questions concerning your loan with Heritage Oaks Bank.”  Prior problems with Heritage Oaks Bank, leading up to their Communication with Pacific Capital Bank can be seen at www.heritageoaksbankquestions.com

 

It is unfortunate that the action of Heritage Oaks Bank would have this large of an impact on my 2003 SBA loan as to put Oceano Nursery, out of business with HOB Communication with Pacific Capital Bank.  Attached above are the Documents showing how Oceano Nursery was forced to have to go out of business, with Pacific Capital Banks communication with Heritage Oaks Bank after the PCB May 15, 2007 workout plan!  Please see summery below!

 

I am officially requesting again to know the person or persons who had communicated with the SBA--Pacific Capital Bank; which generated the May 17, 2007 letter and actions from Pacific Capital Bank!  See attached above.  I am asking of the SBA to have all prior Questions asked of Pacific Capital Bank answered by the Small Business Administration as this SBA loan should have never been affected by Heritage Oaks Banks improper communication with Pacific Capital Bank!  I should not be forced to pay Attorney fees for Questions asked of Pacific Capital Bank!

 

30)   Pacific Capital Bank May 17, 2007 Letter in regards to communication with Heritage Oaks Bank, ultimately putting SBA loaned Oceano Nursery Out of Business.

31)   Pacific Capital Bank July 2, 2007 Forbearance and Workout agreement.

32)   March 12, 2007 letter to Pacific Capital Bank in a plea to be able to stay in business.

33)   January 2, 2007 Communication in regards to loan

34)   March 15, 2007 Pacific Capital Bank response to March 12, 2007 letter and PCB initial workout agreement.

35)   April 17, 2007 Pacific Capital Bank revised workout agreement, followed by Deposit of $4, 377.67 for first payment removed from account by Pacific Capital Bank on May 11, 2007

36)   May 15, 2007 proposed Workout Agreement that would have allowed the SBA loaned Oceano Nursery, to stay in business!

37)   May 17, 2007 Pacific Capital Bank Communication with Heritage Oaks Bank , that ended the May 15, 2007 proposed Workout Agreement.

38)   Pacific Capital Bank May 24, 2007 letter in regarding the Oceano Nursery going out of Business sale due to Heritage Oaks Banks Communication with Pacific Capital Bank!

39)   June 6, 2007 Letter to Pacific Capital Banks Attorney in a request to continue a workout agreement including deposit of $4,377.67 withdrawn from account by Pacific Capital Bank!  Reason for having going out of business sale from Pacific Capital Banks May 17, 2007 fax!

40)   June 12, 2007 letter to First Bank of San Luis Obispo in regards to no communication with Pacific Capital Banks Attorney and money withdrawn from account.  This letter shows deposit made to First Bank Of San Luis Obispo in accordance with the May 15, 2007 fax from Pacific Capital Bank agreement before PCB reneged on this agreement after communication with Heritage Oaks Bank!

41)   Pacific Capital Bank December 31, 2007---IRS-- 1098 showing money not properly applied to loan per signed SBA workout agreements July 2, 2007!  Extra Principal Payments not applied to reduce principal as requested!

42)   Pacific Capital Bank December 31, 2008---IRS-- 1098 showing money not properly applied to loan per signed SBA workout agreements July 2, 2007!  Extra Principal Payments not applied to reduce principal as requested!  Late charges applied on a current loan!

43)   Pacific Capital Bank December 31, 2009---IRS-- 1098 showing money not properly applied to loan per signed SBA workout agreements July 2, 2007!  Extra Principal Payments not applied to reduce principal as requested!  Late charges applied on a current loan!

44)   Pacific Capital Bank September 20, 2010 communication with request for a new “Loan Transaction History”  (September 13, 2010) showing Pacific Capital Bank not accounting for extra principal payment reduction per certified payment receipts from Bank of America!

45)   Comptroller of the Currency Administrator of National Banks case # 770567July 16, 2008 letter in regards to my concern for payment processing of my SBA loan.  Pacific Capital Bank responded to the OCC; giving an accounting of how principal and interest payments were to be applied to the SBA loan from the June 30, 2007 workout agreement!  At no time was an Attorney ever hired to enforce or construing the agreement that Pacific Capital Bank made Attorney charges to my SBA loan for!

46)   Letters and Fax’s written and sent to Pacific Capital Bank July 28, 2008 regarding the OCC accounting July 16, 2008 asking questions of this SBA Loan and a return of money not properly applied to my SBA loan!  Summery of accounting information provided to the OCC and personal communication with Pacific Capital Banks Attorney George C. Lazar

 

Small Business Administration Carlos Mendoza,  Anthony Virgil, Linda Coakley and Asker K. Terrill-

47)   Can you have Pacific Capital Bank explain why my extra Principal Payments of $78.94 are not applied to reduce this SBA Loan?

48)   Can you have Pacific Capital Bank explain why the July 6, 2007 payment of $22,274.46 does not reduce the SBA Principal Balance? The Comptroller of the Currency on July 16, 2008 states case # 770567 that this money was for Principal and interest from May 2006-August 2006!  The Forbearance And Workout agreement signed by Pacific Capital Bank P. 3 explains how this Principal was to be applied!

49)   Why is there no principal reduction as seen in the Pacific Capital Bank September 13, 2010 U.S. Small Business Administration Lender”s Transcript of Account? “Loan Transaction History”?

50)   Can you have Pacific Capital Bank explain why the July 12, 2007 extra principal payment of $878.94 does not reduce this SBA Loan Principal Balance?

51)   Can you have Pacific Capital Bank explain why the July 17, 2007 extra principal payment of $878.94 does not reduce this SBA Loan Principal Balance?

52)   Can you have Pacific Capital Bank explain why the July 20, 2007 extra principal payment of $478.94 does not reduce this SBA Loan Principal Balance?

53)   Can you have Pacific Capital Bank explain the December 31, 2007 IRS 1098 form showing no extra principal paid, that was reported to the IRS?

54)   Why does Pacific Capital Bank report to the IRS an “Accrued Int Cr Adj” for interest of $635.79 and then not account for this in the Pacific Capital Bank September 13, 2010 “Loan Transaction History”?

55)   The July 6, 2007 interest on the amount paid of $22,274.46 does not give a break down for these months of interest at 6%?  Could you provide this break down?

56)   Can you have Pacific Capital Bank explain why the Extra Principal $1,078.94 paid May 20, 2008 was not applied to principal reduction?

57)   Can you have Pacific Capital Bank explain why the July 30, 2008 extra principal payment of $78.94 does not reduce this SBA Loan Principal Balance?

58)   Can you have Pacific Capital Bank explain why the September 2, 2008 extra principal payment of $78.94 does not reduce this SBA Loan Principal Balance?

59)   Can you have Pacific Capital Bank explain why the September 30, 2008 extra principal payment of $78.94 does not reduce this SBA Loan Principal Balance?

60)   Can you have Pacific Capital Bank Account for the November 3, 2008 additional principal payment of $78.94 that Pacific Capital Bank does not show in their September 12, 2010 SBA “Lender’s Transaction of Account”?

61)   Can you have Pacific Capital Bank Account for the December 3, 2008 additional principal payment of $78.94 that Pacific Capital Bank does not show in their September 12, 2010 SBA “Lender’s Transaction of Account”?

62)   Can you have Pacific Capital Bank Account for the January 12, 2009 additional principal payment of $78.94 that Pacific Capital Bank does not show in their September 12, 2010 SBA “Lender’s Transaction of Account”?

63)   Could you have Pacific Capital Bank explain the Additional Attorney fees for questions asked of Pacific Capital Bank? 

 

It is time for the Small Business Administration to see that all of these issues and questions above are resolved and I ask for the SBA’s help in this public matter.  

 

Please review prior email correspondence below with Pacific Capital Bank and their fees to have my questions answered!

 

Sincerely

 

Bill Bookout

 


From: Bill Bookout [mailto:Pismobeachdiveshop@charter.net]
Sent: Tuesday, May 13, 2008 5:56 PM
To: 'George C. Lazar'
Subject: RE: Pacific Capital Bank

 

Dear Mr. Lazar

 

I am withdrawing my request for information regarding Application of Payments.  I did not realize your response of May 7, 2008 could cost me additional Money.

 

Sincerely

 

Bill Bookout

 


From: George C. Lazar [mailto:glazar@foxjohns.com]
Sent: Monday, May 12, 2008 1:52 PM
To: Bill Bookout
Subject: RE: Pacific Capital Bank

 

Mr. Bookout:

 

This email is In response to your various emails and with regard to certain pending matters. 

 

Request for Copy of Note:

 

See Attached.

 

Request for Information Regarding Application of Payments:

 

Upon your compliance with the deposit request (see below), the Bank will undertake to research the application of payments.  This will take some time.

 

Annual Financial Statement:

 

Under the loan documents, you are to provide an annual financial statement.  The form is attached.  Please transmit directly to Ms. Sheffield upon completion.

 

Tax Returns:

 

Under the loan documents, you are to provide copies of your tax returns.  Please transmit your 2006 and 2007 returns, complete with schedules and attachments, directly to Ms. Sheffield.

 

Deposit Required:

 

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

 

 

 

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
Fax:            877.227.0150

email:
glazar@foxjohns.com

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

 

 


From: Bill Bookout [mailto:Pismobeachdiveshop@charter.net]
Sent: Thursday, May 08, 2008 11:32 AM
To: George C. Lazar
Subject: RE: Bank Held Note

Dear Mr. Lazar

 

Thank you for responding to my e-mail and turning my request for a copy of my original note with First Bank of San Luis Obispo over to Pacific Capital Bank, as I am trying to understand a loan account balance faxed to me by Pacific Capital Bank on April 23, 2008.   I have some questions; that I would like to have answer ad in writing.

 

1  )How was the November 23, 2004 payments check # 083916 for October and November 2004 payments of $7,129.11 applied to principal $1,056.32 with         interest paid of $6,072.79?

 

2)  How was the payment from checking made 1/18/05 for $3,533.68 not applied to Principal statement 1/6/05-2/4/05?

 

3)  How was the July 22, 2005 Payment check # 0211010476 of $15,233.18 applied to principal with a reduction only of $4,862.68 between 7/22/05-7/25/05?

 

4)  Why was the November 28, 2005 payment of $4100.00 not applied to any principal?

 

5)  Why was the January 17, 2006 payment of 4,209.14 not applied to any principal?

 

6)  How was the February 24, 2006 payment of $12,562.00 applied to principal and then changed February 27, 2006 to a interest only payment?

 

7)  How was the March 23, 2006 payment of 13,559.85 paid March 22, 2006 check # 1546 applied?

 

Thanks

 

Bill Bookout

 

 


From: George C. Lazar [mailto:glazar@foxjohns.com]
Sent: Wednesday, May 07, 2008 2:44 PM
To: Bill Bookout
Subject: RE: Bank Held Note

 

I will pass the request along.  I should have something by Friday, at the latest

 

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
Fax:            877.227.0150

email:
glazar@foxjohns.com

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

 

 


From: Bill Bookout [mailto:Pismobeachdiveshop@charter.net]
Sent: Tuesday, May 06, 2008 4:53 PM
To: George C. Lazar
Subject: Bank Held Note

Dear Mr. Lazar

 

Could you please fax me a copy of my original note with First Bank of San Luis Obispo or direct me in the right direction to obtain a copy of this original note!

 

Sincerely

 

Bill Bookout

 

 

 

 

From: Bill Bookout [mailto:Pismobeachdiveshop@charter.net]
Sent: Friday, August 01, 2008 12:44 PM
To: 'George C. Lazar'
Cc: 'SANDRA.SHEFFIELD@pacificcapitalbank.com'
Subject:

 

Dear Mr. George C. Lazar

 

As Pacific Capital Bank has requested through you for me to contact you without notice of costs for my banking questions of Pacific Capital Bank again I have many questions.  Enclosed is my online banking account summery as of today.  You will notice some mistakes by Pacific Capital Bank as we have talked about in the past.

 

1)       The interest paid year to date does not show a principal reduction as previously asked of you and Pacific Capital Bank, in 2007 and 2008 along with Pacific Capital Banks Vice President Sandra Sheffield?  Instead Pacific Capital Bank is applying this money towards interest, going against the Forbearance and Workout Agreement prepared by you and Pacific Capital Bank. Could you explain why this is happening? 

2)       When I had been previously behind on payments, shouldn’t Pacific Capital Bank had, put my loan on Non Accrual at some point in time?  This does not show in the payments below on Pacific Capital Banks online summery along with the changes that had been done in July and August 2007.

3)       In regards to my May 11, 2007 business checking deposit and automatic loan withdrawal payment that I made with the assistance of then First Bank President Reese Davies deposited and then removed from my account for a payment.  Again why did Pacific Capital Bank not apply this to a payment as your June 21, 2007 letter gives Pacific Capital Banks policy on how money is withdrawn from an account and not initially applied toward principal and interest?  You mention a restricted account and a signature card that would need to be signed for money held by Pacific Capital Bank?  This was never mentioned when this payment was made nor did Sandra Sheffield have a problem with this payment at this time.  In fact she was unaware a payment had been made in her May 15, 2007 fax and then her fax action on May 17, 2008!

4)       Doesn’t Pacific Capital Bank have to answer to the SBA, FDIC, OCC and the Internal Revenue Service in accounting for their banking action as shown above?

 

As it appears Pacific Capital Bank has made some major mistakes, and at this time I am requesting Pacific Capital to make some corrections answer the above questions along with all of my previous questions asked of Pacific Capital Bank to date.

 

At this time I am requesting Pacific Capital Bank to refund all of the fees charged in their unjustified foreclosure actions after accepting a payment and not being able to account for this action, total ling  $25,929.00 plus Interest from July 21, 2007 of 12% to be paid immediately.

 

The lien put on my principal residence 631 Lake Street in the Forbearance and Workout agreement be removed as Pacific Capital Bank has enough security in the 1341 Oceano property itself.

 

As this is potentially a very embarrassing situation for Pacific Capital Bank/First Bank of San Luis Obispo and we are both trying to make a living and improvements in our communities in which we work and serve I would like to resolve Pacific Capital Banks prior actions and am making an offer before continuing to have the SBA, FDIC OCC and the Internal  Revenue Service investigate Pacific Capital Banks actions since loan payments in 2006.  Again please answer all of my current and previous questions! 

 

Please see that this email is also received by Pacific Capital Banks President, Board of Directors and Stockholders as this will be my last request of answers of questions asked before going to the SBA, FDIC, OCC and the Internal Revenue Service and the public to have all of my questions answered!

 

Sincerely

 

Bill Bookout

 

 


From: Ashker, Terrill K. [mailto:terrill.ashker@sba.gov]
Sent: Friday, December 03, 2010 9:03 AM
To: Bill Bookout
Cc: Vigil, Anthony J.; Coakley, Linda M. (PCR); Mendoza, Carlos G.
Subject: RE: Ref. No SCC2009N-000518-0 Heritage Oaks Bank Theft or mistakes of Principal Paid to loan #

 

Mr. Bookout:

 

The Small Business Administration is not able to answer any of your questions concerning  your loan with Heritage Oaks Bank.

 

Very truly yours,

 

Terrill K. Ashker

Fresno District Counsel (Acting)

From: Bill Bookout [mailto:Pismobeachdiveshop@charter.net]
Sent: Thursday, December 02, 2010 5:23 PM
To: Vigil, Anthony J.
Cc: Coakley, Linda M. (PCR); SBA National Ombudsman; Mendoza, Carlos G.
Subject: RE: Ref. No SCC2009N-000518-0 Heritage Oaks Bank Theft or mistakes of Principal Paid to loan #

 

 

December 2, 2010

 

Small Business Administration

Anthony Virgil and Linda Coakley

 

Please contact me about questions asked regarding Heritage Oaks Bank, affecting my SBA loan? 

 

Please review Questions asked at www.heritageoaksbankquestions.com

 

Sincerely

 

Bill Bookout

 

@co.slo.ca.us]

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