Santa Barbara Bank & Trust Fraud and Breach of Contract going back to 2003 with the full knowledge of the California SBA. The public can help by asking the questions below of the SBA known to the OIG and Grady Hedgespeth on October 1, 2011. Please review the following PDF documents showing Santa Barbara Bank & Trust Fraud and Breach of Contract. Grady Hedgespeth, Asso. Administrator for Financial Assistance,SBA Fraud PDF From: Bill Bookout [mailto:Pismobeachdiveshop@charter.net] October 1, 2011 OIG complaint ID # 20110484 U. S. Small Business Administration SBA Legal Council Sacramento District Office 6501 Sylvan Road, Suite 100 Citrus Heights, Ca 95610 Dear Mr. Ashker Terrill and Jill Hobby Thank you for U. S. Small Business Administration response September 30, 2011 “Also, your allegations of wrong doing committed by your lender have been duly noted, and you will be informed of SBA’s findings in due course.”
Please answer the following questions of the U. S. Small Business Administration per the actions by Santa Barbara Bank & Trust. Please review the website www.sbbtfraud.com along with www.sbaquestions.net for PDF files of Santa Barbara Bank & Trusts actions since 2003. 1) Does the SBA normally allow their SBA lenders to not properly amortize their SBA loans as Santa Barbara Bank & Trust has admitted to doing on May 6, 2011 and May 19, 2011? 2) Are SBA lenders, legally allowed on SBA business loans to overcharge their SBA borrowers by $247.00 per month of business working capital against SBA Form 147 Note? 3) Is it normal for California, SBA lenders to obtain SBA approval on SBA loans and then change out the middle of the SBA Authorization as has been done with SBA loan # PLP # 664-196-4009-- Approved by the SBA on August 29, 2003? 4) In the Oceano Nursery SBA Loan Deed of Trust dated October 6, 2003 on page four a provision to fight Inverse Condemnation and Eminent Domain, under (Condemnation). Is it normal for all SBA loans to have to fight Inverse Condemnation? This requirement should make Santa Barbara Bank & Trust liable for any judgments by the County of San Luis Obispo, OCSD, Caltrans or Union Pacific Rail Road. Who is responsible for this requirement and now liens? The SBA or Santa Barbara Bank & Trust? Please view the website www.governorjerrybrown.net 5) When the SBA Loan for Oceano Nursery was approved by the SBA on August 29, 2003. Did the SBA require a Phase 1 for the old Oceano Nursery Gas Station? 6) When did the SBA approve the 470 Price Street property for PLP # 664-196-4009? 7) Was any environmental investigation required by the SBA for the 470 Price Street property in 2003, if this was approved by the SBA? 8) Are SBA Lender responsible for Environmental investigations with the 470 Price Street Gas Station property? 9) Why did the SBA not pay off the Balloon payment on the 470 Price Street property, when they approved the changing of August 29, 2003 signed ( Authorization SBA Guaranteed Loan) ? 10) Can the SBA provide a copy of the August 28, 2003 (Lender Checklist for Submitting PLP Loan Requests) as signed by Clay Appleton on August 28, 2003? The copy that I have aquired does not show the Pismo Beach property business’s listed! 11) In the August 27, 2003 signed (U.S. Small Business Administration Lender’s Application For Guaranty Or Participation) When was SBA Form , Schedule A changed by Santa Barbara Bank & Trust adding the 470 Price Street property? I have two copies with different information! One signed August 28, 2003 by Clay Appleton, Steve Mathis and on the other (Copy) at the top with Casey Appell and Steve Mathis typed in. Which is the correct SBA Loan document? 12) How did Daniela Medrano and Casey Appell put SBA Loan # PLP 664-196-1009 at the top of the signed SBA Form 159 on August 27, 2003 as the SBA did not approve this SBA Loan until August 29, 2003? 13) In the SBA Form 413 dated August 27, 2003 typed by the Bank. Please explain as to how the 470 Price Street property was pledged as collateral? 14) In the SBA Form 413 dated August 27, 2003 (Schedule Of Real Estate). Please have the SBA explain as to why the SBA did not pay off the Balloon payment of $300,000.00 on the 470 Price Pismo Beach, Property? 15) In the SBA Form 413 dated August 27, 2003 (Schedule Of Real Estate). Please explain as to why the SBA did not pay off the Balloon payment on the three lots next to 1921 Cienega property paid off in the 2003 SBA Loan? This property was supposed to be used for the Second Nursery Location In Oceano as noted by FBSLO. 16) Does the SBA allow all SBA Lenders to change out the middle of their (SBA Loan Analysis Presentations) as seen in two different August 20, 2003 SBBT presentations as seen at www.sbbtfraud.com ? 17) In the Second August 20, 2011 (SBA Loan Analysis Presentation) as seen at www.sbbtfraud.com stating: “The working capital loan to be paid-off is secured by the commercial real estate used for the second business location at 470 Price Street, Pismo Beach Ca. This loan was obtained on 1/03 for inventory and business working capital purposes.” Why did the SBA not pay off the $375,000.00 borrowed on this 470 Price Street property and 631 Lake Street property as disclosed to FBSLO? 18) In the FBSLO two (Loan Committee Presentation Reports dated 10/1/03 and 8/27/03. Was the SBA notified of the changes made on 10/1/03? If So was a Phase 1 Required for the 470 Price Street property? 19) In 2007 Santa Barbara Bank & Trust Appraised the Oceano Nursery property at $530,000.00. Why would the SBA and SBBT need to have my personal residence at 631 Lake Street that was used to borrower money to make Mortgage payments to SBBT as additional Collateral in the 2007 Forbearance Agreement? It had been disclosed to FBSLO that $75,000.00 was borrowed prior on the 631 Lake Street house for Oceano Nursery! 20) With the July 2, 2007 Appraisal of $530,000.00 on the Oceano Nursery property. Why would the SBA and Santa Barbara Bank & Trust still need the 470 Price Street property as collateral? 21) Why was the Oceano Nursery appraisal completed after the signed 2007 Forbearance and Workout Agreement? The Appraiser Bruce Beaudoin, at this point Mentions the ODIC Environmental on the Oceano Nursery property and not the Pismo Beach Property! 22) Why was the 470 Price Street appraisal completed after the signed 2007 Forbearance and Workout Agreement? 23) Why was the 470 Price Street, ODIC Environmental Phase 1 not available to Bruce Beaudoin, per his July 2, 2007 Appraisal of the 470 Price Street property Under (“Requirements And Conditions of Appraisal”)? Mr. Beaudoin, stated: “A Phase 1 Environmental Assessment was unavailable.” “For purposes of this appraisal, it is assumed that no hazardous-toxic contamination has occurred. Therefore, the cost of cleanup, abatement, encasement and/or remediation and its effects on value have not been considered.”
24) Why was ODIC Environmental unable to find 470 Price street property records as seen in the appraisal by Bruce Beaudoin, dated July 2, 2007? 25) Why was Bruce Beaudoin, not provided a Phase 1 Environmental Report from Santa Barbara Bank & Trust, per his 470 Price Street July 2, 2007 Appraisal? 26) Is Santa Barbara Bank & Trust allowed to Falsify Lender documents in their ODIC Environmental Reports as seen in the June 20, 2007 Phase 1? U. S. Small Business Administration, again thank you for your help in this matter that has put Oceano Nursery out of business in Oceano by Santa Barbara Bank & Trust. I am hoping to once again Re-Open Oceano Nursery and the SBA’s help is needed with the Fraud and Breach of Contract that has been committed by Santa Barbara Bank & Trust. Please answer the above public questions of the U.S. Small Business Administration. Again, Terrill K. Ashker has stated September 30, 2011. “Also, your allegations of wrong doing committed by your lender have been duly noted, and you will be informed of SBA’s findings in due course.” Please see that the SBA responds to all of the SBA questions asked above within 4 Days as this information will be needed October 12, 2011. Sincerely Bill Bookout
CC James Bryant, Carrie Ellinwood, Paul Tavernia, Essie Gilchrist, Jim Oneal, Carlos Mendoza, Kristan Ingebretsen and Terrill K. Ashker CC Richard Rossi CC Grady Hedgespeth, Asso. Administrator for Financial Assistance, Shawn McKeehan, Special Assistant, Dave Fishman, Glenn P. Harris, Counsel to the Inspector General, Martin Gold, Deputy National Ombudsman, Eric Adams, Lorenzo J. Flores, Richard Taylor, Center Director, Anthony J. Vigil, Deputy District Director, Rachel Baranick, Deputy District Director From: Ashker, Terrill K. [mailto:terrill.ashker@sba.gov] Mr. Bookout:
As I have informed you on numerous previous occasions, it is SBA’s policy that all participating lenders must service and, when necessary, liquidate their SBA-guaranteed loans. This means that you must submit your request to have the 470 Price Street property removed as collateral for your loan to your lender. SBA will not have any involvement in such a servicing matter unless your lender tentatively decides to approve your request, but not unless its decision is approved by SBA. In this event, your lender will contact SBA directly.
Also, your allegations of wrong doing committed by your lender have been duly noted, and you will be informed of SBA’s findings in due course. Please be reminded once again, however, that it is your responsibility to protect your rights & property interests. To that end, I believe that you have retained the professional legal services of Mr. Richard Rossi. It is best that any further inquiries directed to SBA originate with Mr. Rossi.
Terrill K. Ashker SBA Fresno District Counsel (Acting) From: Bill Bookout [mailto:Pismobeachdiveshop@charter.net] September 30, 2011 OIG complaint ID # 20110484 Bob Johnston Asset Manager Westdale Capital, Ltd. 3300 Commerce, Dallas, TX 75226 Main Phone: 1-877-828-1823 x 26 Direct Phone: 214-760-1669 x 26 Dear Mr. Johnson, As Westdale Capital has the 1st on the 470 Price Street property. What is your opinion as to the email below from the SBA Terrill K. Ashker and ODIC Environmental? I have put on the website www.sbbtfraud.com both of the 2007 Phase 1 Reports done by ODIC Environmental. I have also posted the documents that Santa Barbara Bank & Trust switched out after receiving SBA approval on the Oceano Nursery SBA Loan on August 29, 2003. Is it legal in Texas for a SBA lender to switch out the middle of SBA Authorization documents? The SBA and the OIG complaint ID # 20110484 now have full knowledge that the Phase 1 Report for the 470 Price Street has not been done properly. The Gas Station is seen next to this 1949 Photo in the middle section of this property! Please review emails below Terrill K. Ashker, Comment I believe is good as the SBA is now aware of problems with the Pismo Beach Property! Mr. Ashker States to ODIC Environmental: “If it ever becomes necessary for the Small Business Administration (SBA) to contact ODIC Environmental concerning any environmental reports it performed which relate to Bill Bookout and his SBA loan, please rest assured that the Agency will contact you directly.” I have stopped all communication with ODIC Environmental and am letting the SBA attached above handle this Environmental problem on the 470 Price Street property. The above attachment is part of Page 166 of the 2007 Oceano Nursery ODIC Environmental report. This Report has an email from Sandra Sheffield showing the only Environmental done in 2003 was a questionnaire for Oceano Nursery and not the 470 Price Street Pismo Beach Property. This report can be seen at www.sbbtfraud.com Sincerely Bill Bookout
CC James Bryant, Carrie Ellinwood, Paul Tavernia, Essie Gilchrist, Jim Oneal, Carlos Mendoza, Kristan Ingebretsen and Terrill K. Ashker CC Richard Rossi From: Bill Bookout [mailto:Pismobeachdiveshop@charter.net] September 30, 2011 OIG complaint ID # 20110484 SBA Legal Council Sacramento District Office 6501 Sylvan Road, Suite 100 Citrus Heights, Ca 95610 Dear Mr. Ashker Terrill and Jill Hobby SBA Fresno District Legal Council Thank you, for your response to ODIC Environmental on September 29, 2011 at 11:37 am. Attached is the June 20, 2007 Falsified Phase 1 Report by ODIC Environmental. It is important that the SBA handle this June 20, 2007 Phase 1 Report on my Pismo Beach property that was falsified using my name. In 2003 Santa Barbara Bank & Trust/FBSLO falsified documents to the SBA attaching my Pismo Beach Property to this SBA Loan. The documents that SBBT/FBSLO changed after SBA approval PLP-664-196-4009 are seen at www.sbbtfraud.com I am asking the SBA to immediately remove the 470 Price Street property from my SBA Loan. PLP # 664-196-4009-- Approved by the SBA on August 29, 2003 without asking any Environmental Questions of the 470 Price Street, Pismo Beach Property. This SBA approval comes after the signed SBA documents are changed out by Santa Barbara Bank & Trust/First Bank of San Luis Obispo as known to the SBA and the OIG complaint ID # 20110484 Sincerely Bill Bookout
CC James Bryant, Carrie Ellinwood, Paul Tavernia, Essie Gilchrist, Jim Oneal, Carlos Mendoza, Kristan Ingebretsen and Terrill K. Ashker CC Richard Rossi CC Chris Trimble PBPD From: Ashker, Terrill K. [mailto:terrill.ashker@sba.gov] Good Morning, Mr. Miller:
If it ever becomes necessary for the Small Business Administration (SBA) to contact ODIC Environmental concerning any environmental reports it performed which relate to Bill Bookout and his SBA loan, please rest assured that the Agency will contact you directly.
If you have any questions, please contact me by return email.
Terrill K. Ashker SBA Fresno District Counsel (Acting)
ODIC Environmental PDF June 20, 2007 OIG Complaint #20110484 PDF
Santa Barbara Bank & Trust changing 2003 signed SBA Documents (SBA SBBT Fraud PDF) on the Oceano Nursery SBA Loan.
Sent: Saturday, October 01, 2011 5:23 PM
To: 'Ashker, Terrill K.'
Cc: 'Mendoza, Carlos G.'; 'OIGHotline@sba.gov'; 'Hobby, Jill C.'; 'San Diego General Box'; 'Bob Johnston'; 'Bryant, James A.'; 'Ellinwood, Carrie R.'; 'Tavernia, Paul J.'; 'Gilchrist, Essie J.'; 'O'Neal, Jim'; 'Ingebretsen, Kristan L.'; 'crigley@newtimesslo.com'; 'rmiller@newtimesslo.com'; 'dvallely@co.slo.ca.us'; 'sbcountyda@co.santa-barbara.ca.us'; 'ctrimble@pismobeach.org'; 'Richard Rossi'; 'grady.hedgespeth@sba.gov'; 'christopher.mckeehan@sba.gov'; 'lisa.babcock@sba.gov'; 'david.fishman@sba.gov'; 'glenn.harris@sba.gov'; 'sadie.lowe@sba.gov'; 'martin.gold@sba.gov'; 'cynthia.pope@sba.gov'; 'eric.adams@sba.gov'; 'edwin.joe@sba.gov'; 'lorenzo.flores@sba.gov'; 'richard.taylor@sba.gov'; 'frank.pucci@sba.gov'; 'anthony.vigil@sba.gov'; 'rachel.baranick@sba.gov'; 'dace.pavlovskis@sba.gov'
Subject: RE: 470 Price Street, Pismo Beach SBA Fraud and Environmental Phase 1
Sent: Friday, September 30, 2011 11:54 AM
To: Bill Bookout
Cc: Mendoza, Carlos G.; OIGHotline@sba.gov; Hobby, Jill C.; San Diego General Box; Bob Johnston; Bryant, James A.; Ellinwood, Carrie R.; Tavernia, Paul J.; Gilchrist, Essie J.; O'Neal, Jim; Ingebretsen, Kristan L.; crigley@newtimesslo.com; rmiller@newtimesslo.com; dvallely@co.slo.ca.us; sbcountyda@co.santa-barbara.ca.us; ctrimble@pismobeach.org; Richard Rossi; Robert Forouzandeh
Subject: RE: 470 Price Street, Pismo Beach SBA Fraud and Environmental Phase 1
Sent: Friday, September 30, 2011 2:00 PM
To: 'Bob Johnston'
Cc: 'Carlos.Mendoza@sba.gov'; 'OIGHotline@sba.gov'; 'Hobby, Jill C.'; 'sandiego@sba.gov'; 'Bob Johnston'; 'james.bryant@sba.gov'; 'carrie.ellinwood@sba.gov'; 'paul.tavernia@sba.gov'; 'essie.gilchrist@sba.gov'; 'jim.oneal@sba.gov'; 'kristan.ingebretsen@sba.gov'; 'crigley@newtimesslo.com'; 'rmiller@newtimesslo.com'; 'dvallely@co.slo.ca.us'; 'sbcountyda@co.santa-barbara.ca.us'; 'ctrimble@pismobeach.org'; 'Richard Rossi'; 'pismobeachsurfshop@hotmail.com'; 'lol@rsmediate.com'; 'Ashker, Terrill K.'
Subject: RE: 470 Price Street, Pismo Beach SBA Fraud and Environmental Phase 1
Sent: Friday, September 30, 2011 6:43 AM
To: 'Ashker, Terrill K.'
Cc: 'Carlos.Mendoza@sba.gov'; 'OIGHotline@sba.gov'; 'Hobby, Jill C.'; 'Ashker, Terrill K.'; 'sandiego@sba.gov'; 'Bob Johnston'; 'james.bryant@sba.gov'; 'carrie.ellinwood@sba.gov'; 'paul.tavernia@sba.gov'; 'essie.gilchrist@sba.gov'; 'jim.oneal@sba.gov'; 'kristan.ingebretsen@sba.gov'; 'crigley@newtimesslo.com'; 'rmiller@newtimesslo.com'; 'dvallely@co.slo.ca.us'; 'sbcountyda@co.santa-barbara.ca.us'; 'ctrimble@pismobeach.org'; 'Richard Rossi'
Subject: RE: 470 Price Street, Pismo Beach SBA Fraud and Environmental Phase 1
Sent: Thursday, September 29, 2011 11:37 AM
To: ericmiller@odicenv.com
Cc: hkim@odicenv.com; leecomer@odicenv.com; marissav@odicenv.com; melk@odicenv.com; klarson@odicenv.com; minac@odicenv.com; duncananderson@odicenv.com; jwinkler@odicenv.com; Mendoza, Carlos G.; OIGHotline@sba.gov; Hobby, Jill C.; San Diego General Box; Bob Johnston; Bryant, James A.; Ellinwood, Carrie R.; Tavernia, Paul J.; Gilchrist, Essie J.; O'Neal, Jim; Ingebretsen, Kristan L.; crigley@newtimesslo.com; rmiller@newtimesslo.com; Bill Bookout
Subject: RE: Price Street, Pismo Beach
Santa Barbara Bank & Trust shows their Breach of Contract and Mortgage Modification Fraud to the Office of the Comptroller of the Currency Case # 01394465 – Case # 770567 and Case # 01549780 in their May 6, 2011 Letter pdf. Santa Barbara Bank & Trust in their May 19, 2011 letter pdf... Show their continued Fraud and Breach of Contract.
Santa Barbara Bank & Trust against the OCC findings have prepared a differn't accounting as seen in this May 5, 2011 amortization schedule pdf. This amortization schedule compleatly goes against, the OCC findings and shows Santa Barbara Bank & Trusts Fraud and Breach of Contract!
Santa Barbara Bank & Trust---Breach of Contract and Mortgage Modification Fraud since 2003--SBBT Notice of Default January 14, 2011 and May 19, 2011 knowing of mistakes made by Pacific Capital Bancorp! Santa Barbara Bank & Trust Theft of Principa pdf l per the Diana Jessup Lee's two May 5, 2011 Amortizations Schedules in the May 19, 2011 NOD!
SBA Fraud By Santa Barbara Bank & Trust/FBSLO pdf
The U.S. Small Business Administration (OIG) is fully aware of the pdf file above showing the SBA Fraud Committed by Santa Barbara Bank & Trust/FBSLO in 2003 to present, complaint # 20110476. The California State Attorney General is now aware of Santa Barbara Bank & Trust actions since 2003!
1) Cal Coast News---San Luis Obispo New Times---Santa Barbara News Press
Can Santa Brabara Bank & Trust Falsify SBA Loan Documents by changing out the middle per page 5 of the August 29, 2003 SBA Loan Authorization on the Oceano Nursery SBA Loan?Cal Coast News---San Luis Obispo New Times---Santa Barbara News Press
2) Cal Coast News---San Luis Obispo New Times---Santa Barbara News Press
Can Santa Brabara Bank & Trust revise an August 20, 2003(SBA Loan Analysis Presentation)? Please review this PDF file! SBA Fraud By Santa Barbara Bank & Trust/FBSLO pdf
3) Cal Coast News---San Luis Obispo New Times---Santa Barbara News Press
Can Santa Barbara Bank & Trust with the 2003 (SBA Loan Analysis presentation) change this Presentation dated 8/29/2003 after SBA approval? Is this Fraud?
4) Cal Coast News---San Luis Obispo New Times---Santa Barbara News Press
Can Santa Barbara Bank & Trust in the 2007 Forbearance agreement not properly amortize the 2003 SBA Loan and over charge $250.00 per month on this SBA Loan against the 2003 SBA Form 147 NOTE?
5) Cal Coast News---San Luis Obispo New Times---Santa Barbara News Press
IS it legal for Santa Barbara Bank & Trust to require an SBA borower to borrow hard Money at 12% to make SBA Loan Payment per the July 14, 2005 Memorandum written by Clay Appleton?
6) Cal Coast News---San Luis Obispo New Times---Santa Barbara News Press
Is it legal for Santa Barbara Bank & Trust to change their Signed (U.S. Small Business Administration Lender's Application For Guaranty or Particpation dated August 27, 2003 (SBA Form Schedule A) and ad another property with a debt of $300,000.00 with with a Baloon payment and not pay off this debt in the SBA Loan?
7) Cal Coast News---San Luis Obispo New Times---Santa Barbara News Press
How did Santa Barbara Bank & Trust---Diana Jessup Lee and Robert Forouzandeh, in the May 5, 2011 Amortization Schedules 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? February 6, 2007 payment $3,529.24. 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 Santa Barbara Bank & Trust claimed 10 Deferred payments from 10/2006 - 7/2007 of $37,801.09 instead of May 19, 2011 amount of $45,171.20! Cal Coast News---San Luis Obispo New Times---Santa Barbara News Press Are California Banks allowed to falisfy their computerized records as seen by Santa Barbara Bank & Trust?
8) California State Attorney General---Cal Coast News---San Luis Obispo New Times---Santa Barbara News Press Why Would Santa Barbara Bank & Trust not reduce the principal from the five payments of $22,274.66 per this May 5, 2011 amortization schedule prepared by Santa Barbara Bank & Trust? May 5, 2011 amortization schedule pdf. Notice that the five payments totaling $22,274.66 does not show any principal reduction! Is it legal in California for Santa Barbara Bank & Trust to over charge a SBA Business loan by $247.00 per month?
Notice in the amortization schedule prepared by Santa Barbara Bank & Trust and that they take $420,024.30 and ad payments due from 5/6/06 to 7/6/07 totaling $67,445.66 and then from this figure subtract $22,274.46 making a balance of $465,195.50. What happened to the principal from this $22,274.46? Is this normal with all of Santa Barbara Bank & Trust loans?
SBA Allowed Banking Fraud PDF
Please review the questions asked below of the SBA PER THE COMPLAINT FILED SEPTEMBER 16, 2011
Your complaint has been successfully saved and reported to the SBA.
Your Complaint ID is 20110476. Please save this number and use it for future contact with the SBA OIG.
OIG Hotline Telephone Number: 1-800-767-0385
You will receive an acknowledgement e-mail from the SBA Office of Inspector General.
Can Santa Brabara Bank & Trust Falsify SBA Loan Documents by changing out the middle per page 5 of the August 29, 2003 SBA Loan Authorization on the Oceano Nursery SBA Loan?Cal Coast News---San Luis Obispo New Times---Santa Barbara News Press
2) Cal Coast News---San Luis Obispo New Times---Santa Barbara News Press
Can Santa Brabara Bank & Trust revise an August 20, 2003(SBA Loan Analysis Presentation)? Please review this PDF file! SBA Fraud By Santa Barbara Bank & Trust/FBSLO pdf
3) Cal Coast News---San Luis Obispo New Times---Santa Barbara News Press
Can Santa Barbara Bank & Trust with the 2003 (SBA Loan Analysis presentation) change this Presentation dated 8/29/2003 after SBA approval? Is this Fraud?
4) Cal Coast News---San Luis Obispo New Times---Santa Barbara News Press
Can Santa Barbara Bank & Trust in the 2007 Forbearance agreement not properly amortize the 2003 SBA Loan and over charge $250.00 per month on this SBA Loan against the 2003 SBA Form 147 NOTE?
5) Cal Coast News---San Luis Obispo New Times---Santa Barbara News Press
IS it legal for Santa Barbara Bank & Trust to require an SBA borower to borrow hard Money at 12% to make SBA Loan Payment per the July 14, 2005 Memorandum written by Clay Appleton?
6) Cal Coast News---San Luis Obispo New Times---Santa Barbara News Press
Is it legal for Santa Barbara Bank & Trust to change their Signed (U.S. Small Business Administration Lender's Application For Guaranty or Particpation dated August 27, 2003 (SBA Form Schedule A) and ad another property with a debt of $300,000.00 with with a Baloon payment and not pay off this debt in the SBA Loan?
7) Cal Coast News---San Luis Obispo New Times---Santa Barbara News Press
How did Santa Barbara Bank & Trust---Diana Jessup Lee and Robert Forouzandeh, in the May 5, 2011 Amortization Schedules 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? February 6, 2007 payment $3,529.24. 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 Santa Barbara Bank & Trust claimed 10 Deferred payments from 10/2006 - 7/2007 of $37,801.09 instead of May 19, 2011 amount of $45,171.20! Cal Coast News---San Luis Obispo New Times---Santa Barbara News Press Are California Banks allowed to falisfy their computerized records as seen by Santa Barbara Bank & Trust?
8) California State Attorney General---Cal Coast News---San Luis Obispo New Times---Santa Barbara News Press Why Would Santa Barbara Bank & Trust not reduce the principal from the five payments of $22,274.66 per this May 5, 2011 amortization schedule prepared by Santa Barbara Bank & Trust? May 5, 2011 amortization schedule pdf. Notice that the five payments totaling $22,274.66 does not show any principal reduction! Is it legal in California for Santa Barbara Bank & Trust to over charge a SBA Business loan by $247.00 per month?
Notice in the amortization schedule prepared by Santa Barbara Bank & Trust and that they take $420,024.30 and ad payments due from 5/6/06 to 7/6/07 totaling $67,445.66 and then from this figure subtract $22,274.46 making a balance of $465,195.50. What happened to the principal from this $22,274.46? Is this normal with all of Santa Barbara Bank & Trust loans?
3) Cal Coast News---San Luis Obispo New Times---Santa Barbara News Press
Can Santa Barbara Bank & Trust with the 2003 (SBA Loan Analysis presentation) change this Presentation dated 8/29/2003 after SBA approval? Is this Fraud?
4) Cal Coast News---San Luis Obispo New Times---Santa Barbara News Press
Can Santa Barbara Bank & Trust in the 2007 Forbearance agreement not properly amortize the 2003 SBA Loan and over charge $250.00 per month on this SBA Loan against the 2003 SBA Form 147 NOTE?
5) Cal Coast News---San Luis Obispo New Times---Santa Barbara News Press
IS it legal for Santa Barbara Bank & Trust to require an SBA borower to borrow hard Money at 12% to make SBA Loan Payment per the July 14, 2005 Memorandum written by Clay Appleton?
6) Cal Coast News---San Luis Obispo New Times---Santa Barbara News Press
Is it legal for Santa Barbara Bank & Trust to change their Signed (U.S. Small Business Administration Lender's Application For Guaranty or Particpation dated August 27, 2003 (SBA Form Schedule A) and ad another property with a debt of $300,000.00 with with a Baloon payment and not pay off this debt in the SBA Loan?
7) Cal Coast News---San Luis Obispo New Times---Santa Barbara News Press
How did Santa Barbara Bank & Trust---Diana Jessup Lee and Robert Forouzandeh, in the May 5, 2011 Amortization Schedules 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? February 6, 2007 payment $3,529.24. 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 Santa Barbara Bank & Trust claimed 10 Deferred payments from 10/2006 - 7/2007 of $37,801.09 instead of May 19, 2011 amount of $45,171.20! Cal Coast News---San Luis Obispo New Times---Santa Barbara News Press Are California Banks allowed to falisfy their computerized records as seen by Santa Barbara Bank & Trust?
8) California State Attorney General---Cal Coast News---San Luis Obispo New Times---Santa Barbara News Press Why Would Santa Barbara Bank & Trust not reduce the principal from the five payments of $22,274.66 per this May 5, 2011 amortization schedule prepared by Santa Barbara Bank & Trust? May 5, 2011 amortization schedule pdf. Notice that the five payments totaling $22,274.66 does not show any principal reduction! Is it legal in California for Santa Barbara Bank & Trust to over charge a SBA Business loan by $247.00 per month?
Notice in the amortization schedule prepared by Santa Barbara Bank & Trust and that they take $420,024.30 and ad payments due from 5/6/06 to 7/6/07 totaling $67,445.66 and then from this figure subtract $22,274.46 making a balance of $465,195.50. What happened to the principal from this $22,274.46? Is this normal with all of Santa Barbara Bank & Trust loans?
SBA Allowed Banking Fraud PDF
Please review the questions asked below of the SBA PER THE COMPLAINT FILED SEPTEMBER 16, 2011
Your complaint has been successfully saved and reported to the SBA.
Your Complaint ID is 20110476. Please save this number and use it for future contact with the SBA OIG.
OIG Hotline Telephone Number: 1-800-767-0385
You will receive an acknowledgement e-mail from the SBA Office of Inspector General.
Santa Barbara Bank & Trust shows their Breach of Contract and Mortgage Modification Fraud to the Office of the Comptroller of the Currency Case # 01394465 – Case # 770567 and Case # 01549780 in their Santa Barbara Bank & Trust in their
From: Bill Bookout [mailto:Pismobeachdiveshop@charter.net]
Sent: Friday, September 16, 2011 4:54 PM
To: 'Carlos.Mendoza@sba.gov'
Cc: 'john.manalli@sba.gov'; 'ombudsman@fdic.gov'; 'ombudsman@sba.gov'; 'OIGHotline@sba.gov'; 'legal@fdic.gov'
Subject: RE: Santa Barbara Bank & Trust Theft of Principal, Breach of Contract and Mortgage Modification Fraud.
CARLOS G. MENDOZA John Manalli US Small Business Administration
District Director Deputy District Director 409 3rd St, SW
Central California/ Fresno Fresno District Office Washington DC 20416
Small Business Administration 801 R. Street, Suite 201
559/487-5785, Ext 2710 Fresno, Ca 93721
800/359-1833, OPTION 6 1559-487-5791 EXT. 2705
Dear Mr. Carlos Mendoza and Mr. John Manalli
RE: Santa Barbara Bank & Trust changing the signed SBA 2003 loan documents after receiving approval from the SBA on August 29, 2003.
The California Department of Justice, Attorney General Kamala D. Harris (Kimberly Christophersen) believes that the OCC is the proper agency to resolve Santa Barbara Bank & Trust actions. Please review the SBA Fraud as seen in pdf documents at www.sbaquestions.net and www.californiasba.com
Please review the attached 32 pages of 2003 SBA Fraud committed by Santa Barbara Bank & Trust/First Bank of San Luis Obispo.
Notice the August 29, Authorization (SBA Guaranteed Loan) with two different Page 5’s! Please explain how this could be legal with the SBA, per the signed signature of Casey Appell on August 29, 2003?
August 28, 2003 Hien Hguyan, Senior Loan Officer of the Sacramento SBA Loan Processing Center writes a letter to Clay Appleton per SBA Loan Application. August 29, 2003 SBA Sacramento Loan Processing Center Rosa Walton writes Clay Appleton noting that the SBA had received request for Loan Number! August 29, 2003 Rosa Walton writes Clay Appleton stating that the SBA had generated PLP 664-196-4009 (“RE: Oceano Nursery”) Please provide the original documents sent to the SBA per the Oceano Nursery Loan!
Notice the August 27, 2003, (Loan Committee Presentation Report) on August 27, 2003 and then the one on October 1, 2003 (Loan Committee Presentation Report) at www.californiasba.com How can the SBA do a Collateral Modification without doing Environmental investigation on the 470 Price Street property per page 9?
How can SBA lenders change out the middle of their signed documents as seen in the August 29, 2003 “(Authorization (SBA Guaranteed Loan)”?
In the SBA Loan Analysis Presentation dated August 20, 2003. How can Santa Barbara Bank & Trust change page 1? Why would the SBA not want to pay off the $300,000.00 balloon payment First on the 470 Price Street property as revised on October 1, 2003 as noted on Page four of the changed Santa Barbara Bank & Trust SBA Loan Analysis Presentation dated August 20, 2003?
Sincerely
Bill Bookout
US Small Business Administration
409 3rd St, SW
Washington DC 20416
In the PDF below are the SBA loan documents changed by Santa Barbra Bank & Trust/FBSLO in 2003 and a restraining order issued by the Santa Barbara Superior Court on June 6, 2011 for asking questions of Santa Barbara Bank & Trust per their SBA loan accounting May 6, 2011 and May 19, 2011 by Diana Jessup Lee. California residents help is needed in bringing this to the National News Medias attention! Christine Sontag Restraining Order and 2003 SBA Loan Fraud pdf...
To: rforouzandeh@rppmh.com
CC: dlee@rppmh.com; Carlos.Mendoza@sba.gov; john.manalli@sba.gov; sandiego@sba.gov; lol@rsmediate.com; crigley@newtimesslo.com; velie@calcoastnews.com; pismobeachsurfshop@hotmail.com; terrill.ashker@sba.gov; tweber@thetribunenews.com
Subject: RE: Santa Barbara Bank & Trust Theft of Principal, Breach of Contract and Mortgage Modification Fraud.
Date: Thu, 8 Sep 2011 05:46:36 -0700
September 8, 2011
Robert Forouzandeh, California State Bar # 247177
Diana Jessup Lee, California State Bar # 155191
Reicker, Pfau, Pyle & McRoy LLP
1421 State Street, Suite B
Santa Barbara, CA 93101
Mr. Robert Forouzandeh and Mrs. Diana Jessup Lee
Thank you, for clarifying that neither Robert Forouzandeh, nor Diana Jessup Lee have made the two false amortization schedules used in the May 19, 2011 NOD. Can both of you please provide a copy of the Santa Barbara Bank & Trust Computerized Records used for the May 19, 2011 NOD by Santa Barbara Bank & Trust Employees by September 8, 2011? The Office of the Comptroller of the Currency does not show the SBBT employees amortization to be correct.
I am again asking that Santa Barbara Bank & Trust rescind the May 19, 2011 NOD form the findings by the OCC on June 30, 2011.
Can both of you have Santa Barbara Bank & Trust please provide me with what my true debt owed with Santa Barbara Bank Trust is as of September 8, 2011. I have placed an ad in the San Luis Obispo New Times for help in ending this foreclosure of my Pismo Beach Property and the Oceano Nursery property.
Attached to the website www.sbaquestions.net is the Restraining order by Christine Sontag filed June 6, 2011 after asking questions of Santa Barbara Bank & Trust in regards to the fraud found committed by Santa Barbara Bank & Trust since 2007 in the two amortization schedules prepared by a Santa Barbara Bank & Trust employee! Please review my email June 3, 2011 to Mark K. Olson and Richard A. Nightingale. Also attached with this pdf is the Fraud committed by Santa Barbara Bank & Trust/First Bank of San Luis Obispo in changing the 2003 signed SBA Loan documents known to the SBA Carlos Mendoza and John Manalli. The SBA is aware of the Fraud committed in 2008 by Santa Barbara Bank & Trust for not abiding by SBA Form 147 Note!
Robert Forouzandeh and Mrs. Diana Jessup Lee, Please view the Santa Barbara Bank & Trust computerized records that you received with the email you have acknowledged--June 23, 2007, July 19, 2007, July 27, 2007 and September 15, 2007. The July 19, 2011 Santa Barbara Bank & Trust accounting shows $22,274.66 paid towards interest and nothing toward principal as you have stated! The July 19, 2007 First Bank of San Luis Obispo Computerized document shows $420,024.30 plus $34,181.40 owed! This comes to $454,205.70 as seen in the Santa Barbara Bank & Trust records presented to the OCC per the OCC June 30, 2011 letter! The September 15, 2007 Santa Barbara Bank & Trust computerized record shows a total amount owed to be $438,991.50. The First Bank of San Luis Obispo Computerized record “Payment Notice” dated June 23, 2007 shows, that the 2007 forbearance agreement, shows a total debt of $474,298.51. On July 11, 2007 this balance came down to $454,205.70 after First Bank of San Luis Obispo applied the $22,274.46 to interest only against the 2007 Forbearance Agreement!
Robert Forouzandeh and Mrs. Diana Jessup Lee, When you add $54,922.70 to $420,024.30 as seen in the OCC June 30, 2011 letter, you come up with $474,947.00 and when you minus $22,274.46 from this number, you come up with $452,672.54 instead of the Santa Barbara Bank & Trust employees, May 5, 2011 amortization schedule/NOD figures of $465,195.50 showing no principal paid, which is a difference of $12,522.96 over charged in the May 19, 2011 NOD. From the $452,672.54 owed should be a principal reduction of $6,138.32 on the $420,024.30 principal for the 5/6/06-9/6/06 five payments bringing this amount down to $413,885.98 as a principal balance owed and a total debt owed of $446,534.22 on July 24, 2007. This would have been a monthly payment of $3,890.96 from the OCC findings on June 30, 2011 as provided the OCC by Santa Barbara Bank & Trust. You have mentions the second amortization schedule prepared by Santa Barbara Bank & Trust Employees. “Similarly, at the top of Amortization Schedule 2, it shows that your Principal Balance "after 5 payments" was $416,898.31.” Please explain as to why this figure was not reduced out of the May 19, 2011 NOD and please again provide copies of the Santa Barbara Bank & Trust computerized records showing documentation of this SBBT figure! Employees do make mistakes!
Robert Forouzandeh and Mrs. Diana Jessup Lee, again I am willing to go back into mediation in hopes of resolving our issues from Santa Barbara Bank & Trust overcharging my monthly mortgage payments and the Breach of Contract in 2008, for not abiding by the SBA Form 147 Note after the 2007 Forbearance Agreement! This Note had previously been changed and falsified in 2003 as seen at www.sbaquestions.net Each of you are very familiar with the falsified SBA Loan Analysis Presentation. The U. S. Small Business Application For Business Loan and the August 28, 2003 U. S. Small Business Administration (Lender’s Application For Guaranty Or Participation) by Santa Barbara Bank & Trust/FBSLO after the SBA had approved the original on August 29, 2003!
Robert Forouzandeh and Mrs. Diana Jessup Lee, I am willing to go back into mediation with Santa Barbara Bank & Trust in hopes of resolving our issues!
Sincerely
Bill Bookout
From: Robert Forouzandeh [mailto:rforouzandeh@rppmh.com]
Sent: Wednesday, September 07, 2011 5:12 PM
To: Bill Bookout
Subject: RE: Santa Barbara Bank & Trust Theft of Principal, Breach of Contract and Mortgage Modification Fraud.
Mr. Bookout,
Thank you for faxing and emailing to me this afternoon the OCC letters dated July 16, 2008, June 30, 2011, July 15, 2011, August 2, 2011 and August 30, 2011. I have now reviewed these documents and am prepared to respond. My review of the 5 OCC letters that you have provided does not alter my prior conclusion that there is not a single piece of evidence which would even imply any acts of "Predatory Lending, Breach of Contract and Fraud" on the part of Santa Barbara Bank & Trust. In fact, after reviewing the OCC letters the only thing that is clear to me is that you are in breach of contract with Santa Barbara Bank & Trust as a result of your default on your loan.
Specifically, the following quotes demonstrate that the OCC has not made any findings of wrongdoing on the part of Santa Barbara Bank & Trust:
1. July 16, 2008 Letter, the OCC stated, "The OCC cannot resolve contractual disputes between national banks and their customers. When a clearly defined civil dispute develops, an agency such as the OCC would be acting beyond its authority as a trier of fact or adjudicator of civil disputes."
2. June 30, 2011 Letter, the OCC stated, "As your difficulty with the bank was in mediation and is subject of litigation, it is inappropriate for the Office of the Comptroller of the Currency (OCC) to intervene in this case."
3. July 15, 2011 Letter, the OCC stated, "Because your matter is a contractual dispute and the subject of arbitration, the OCC cannot comment on any information you may have received. Based on the current course of events between you and the bank, we are unable to assist you further."
4. August 2, 2011 Letter, the OCC stated, "The OCC does not have the authority to intervene in such matters. We have previously responded to you on July 16, 2008, January 7, 2009 and June 30, 2011. Our position has not changed. We will no longer respond to phone calls or correspondences regarding this issue. This letter represents our final response."
5. August 30, 2011 Letter, the OCC stated, "As your dispute with the bank involves a business loan and therefore is governed by the contract signed between you and the bank, consumer compliance laws do not apply."
Furthermore, as we have repeatedly told you, the amortization schedules that we provided to you on May 6, 2011 were prepared by Santa Barbara Bank & Trust employees, not by any of the attorneys in this office, this office simply delivered them to you. Thus, your claim that "Neither You [Robert Forouzandeh] nor Diana Jessup Lee are qualified to prepare Santa Barbara Bank & Trust amortization schedules" is simply incorrect. Also, we provided you with 2 amortization schedules simply as a courtesy to you and to extend additional benefits in Schedule #2 to you which you were not entitled to as a gesture of good faith and in an effort to settle this matter.
Lastly, you have not provided any information or evidence which would lead Santa Barbara Bank & Trust to either rescind the most recent notice of default or to suspend the currently scheduled Trustee Sale from proceeding.
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 [Pismobeachdiveshop@charter.net]
Sent: Wednesday, September 07, 2011 3:53 PM
To: Robert Forouzandeh
Cc: Carlos.Mendoza@sba.gov; john.manalli@sba.gov; sandiego@sba.gov; lol@rsmediate.com; crigley@newtimesslo.com; velie@calcoastnews.com; pismobeachsurfshop@hotmail.com; Jude@JudeEganLaw.com; ken@lawken.com; 'John W. Belsher'; 'Michael Pick, Esq. (James McKiernan Lawyers)'; Diana Lee; Weber, Tad - SLO; 'Ashker, Terrill K.'; 'Shae Luchetta'
Subject: RE: Santa Barbara Bank & Trust Theft of Principal, Breach of Contract and Mortgage Modification Fraud.
September 7, 2011
Robert Forouzandeh, California State Bar # 247177
Diana Jessup Lee, California State Bar # 155191
Reicker, Pfau, Pyle & McRoy LLP
1421 State Street, Suite B
Santa Barbara, CA 93101
Mr. Robert Forouzandeh,
Attached above are, the Office of the Comptroller of the Currency Case # 01394465 –01672308 letters June 30, 2011, August 30, 2011, July 16, 2008, August 2, 2011 along with Santa Barbara Bank & Trust computerized records showing the two amortization schedules prepared by You and Diana Jessup Lee to be wrong! All documents have been faxed to 1-805-966-3320
Again please inform the Santa Barbara Bank & Trust Board of Directors George Leis, Gerald J. Ford, Carl B. Webb, Richard A. Nightingale, John R. Mackall, Mark K. Olson, D. Vernon Horton, William R. Loomis, Edward E. Birch, Kathy J. Odell, Clayton C. Larson, Gordon J. Wahlgren and Mary Mascolo of the OCC findings on June 30, 2011. The OCC found $54,922.70 instead of yours and Diana Jessup Lees May 6, 2011 unsubstantiated accounting of $67,445.66! You have stated 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.”
Robert Forouzandeh, Please view the Santa Barbara Bank & Trust computerized records attached above--June 23, 2007, July 19, 2007, July 27, 2007 and September 15, 2007. The July 19, 2011 Santa Barbara Bank & Trust accounting shows $22,274.66 paid towards interest and nothing toward principal as you have stated! The July 19, 2007 First Bank of San Luis Obispo Computerized document shows $420,024.30 plus $34, 181.40 owed! This comes to $454,205.70 as seen in the Santa Barbara Bank & Trust records presented to the OCC per the OCC June 30, 2011 letter! The September 15, 2007 Santa Barbara Bank & Trust computerized record shows a total amount owed to be $438,991.50. The First Bank of San Luis Obispo Computerized record “Payment Notice” dated June 23, 2007 shows, that the 2007 forbearance agreement, was made from; shows a total debt of $474,298.51. On July 11, 2007 this balance came down to $454,205.70 after First Bank of San Luis Obispo applied the $22,274.46 to interest only against the 2007 Forbearance Agreement!
Robert Forouzandeh, the May 19, 2011 NOD needs to be immediately cancelled and stopped so that hopefully we can work this out in mediation rather then taking this matter very public and through the Court! Santa Barbara Bank & Trust can not have two amortization schedules for this SBA Loan! Neither You nor Diana Jessup Lee are qualified to prepare Santa Barbara Bank & Trust amortization schedules as seen in Diana Jessup Lee’s May 6, 2011 letter and her May 19, 2011 letter followed by the May 19, 2011 NOD!
Sincerely
Bill Bookout
CC
Attorney General Kamala D. Harris
California Department of Justice
P. O. Box 944255
Sacramento, Ca 94244-2550
CC Office of the Comptroller of the Currency Case # 01394465 –01672308
From: Robert Forouzandeh [mailto:rforouzandeh@rppmh.com]
Sent: Wednesday, September 07, 2011 1:19 PM
To: Bill Bookout
Subject: RE: Santa Barbara Bank & Trust Theft of Principal, Breach of Contract and Mortgage Modification Fraud.
Mr. Bookout,
I have reviewed the websites that you have provided links for in your email below, but I am still unable to locate the complete and unedited OCC letters dated July 16, 2008, June 30, 2011 and August 2, 2011 which you refer to. Your websites only have alleged excerpts from these letters posted and not the complete letters.
Please send to me, directly, the complete and unedited letters from the OCC and I will review them and respond to your questions pertaining to them.
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, September 07, 2011 12:17 PM
To: Robert Forouzandeh
Cc: Carlos.Mendoza@sba.gov; john.manalli@sba.gov; 'Ashker, Terrill K.'; sandiego@sba.gov; lol@rsmediate.com; crigley@newtimesslo.com; velie@calcoastnews.com; 'Michael Pick, Esq. (James McKiernan Lawyers)'; pismobeachsurfshop@hotmail.com; Diana Lee; Jude@JudeEganLaw.com; ken@lawken.com; 'John W. Belsher'
Subject: RE: Santa Barbara Bank & Trust Theft of Principal, Breach of Contract and Mortgage Modification Fraud.
September 7, 2011 Office of the Comptroller of the Currency Case # 01394465 –01672308
Robert Forouzandeh, California State Bar # 247177
Diana Jessup Lee, California State Bar # 155191
Reicker, Pfau, Pyle & McRoy LLP
1421 State Street, Suite B
Santa Barbara, CA 93101
Mr. Robert Forouzandeh,
Attached above is the Santa Barbara Bank & Trust/First Bank of San Luis Obispo Predatory Lending, Lender Liability, Fraud and Breach of Contract since the 2003 SBA documents falsified by Santa Barbara Bank & Trust/First Bank of San Luis Obispo beginning in 2003!
Please inform the Santa Barbara Bank & Trust Board of Directors George Leis, Gerald J. Ford, Carl B. Webb, Richard A. Nightingale, John R. Mackall, Mark K. Olson, D. Vernon Horton, William R. Loomis, Edward E. Birch, Kathy J. Odell, Clayton C. Larson, Gordon J. Wahlgren and Mary Mascolo! Of yours and Diana Jessup Lees Statements and provide them with the two amortization schedules prepared by both of you! Santa Barbara Bank & Trust used the first amortization schedule # 1 in the May 19, 2011 NOD with no principal applied to my SBA loan against the 2007 Forbearance Agreement breached by Santa Barbara Bank & Trust!
Robert Forouzandeh, from your Statement: “As to the alleged comments from the OCC: You continue to ignore our request that you provide us with copies of the OCC letters dated July 16, 2008, June 30, 2011 and August 2, 2011 which you continually refer to. I am unable to comment on those letters until you send them to me.” The Office of the Comptroller of the Currency Case # 01394465 –01672308 letters and documents have been posted at www.sbaquestions.net www.sbbtfraud.com and www.occquestions.com for yours, Diana Jessup Lee and the Santa Barbara Bank & Trust Board of Directors George Leis, Gerald J. Ford, Carl B. Webb, Richard A. Nightingale, John R. Mackall, Mark K. Olson, D. Vernon Horton, William R. Loomis, Edward E. Birch, Kathy J. Odell, Clayton C. Larson, Gordon J. Wahlgren and Mary Mascolo review!
Again, the two Amortization Schedules that You and Diana Jessup Lee have prepared are fraud and harassment as both of you should have used the figures provided to the Office of the Comptroller of the Currency Case # 01394465 –01672308 by Santa Barbara Bank & Trust. California Attorneys should not be allowed to commit this type of banking fraud! Let me explain the Santa Barbara Bank & Trust records used at the time of the 2007 forbearance agreement again to you and Diana Jessup Lee!
Robert Forouzandeh, When you add $54,922.70 to $420,024.30 as seen in the OCC June 30, 2011 letter, you come up with $474,947.00 and when you minus $22,274.46 from this number, you come up with $452,672.54 instead of Yours and Diana Lees May 5, 2011 amortization schedule/NOD figures of $465,195.50 showing no principal paid, which is a difference of $12,522.96 over charged in the May 19, 2011 NOD. From the $452,672.54 owed should be a principal reduction of $6,138.32 on the $420,024.30 principal for the 5/6/06-9/6/06 five payments bringing this amount down to $413,885.98 as a principal balance owed and a total debt owed of $446,534.22 on July 24, 2007. This would have been a monthly payment of $3,890.96 from the OCC findings on June 30, 2011 as provided the OCC by Santa Barbara Bank & Trust. You have mentions the second amortization schedule prepared by Diana Jessup Lee and yourself “Similarly, at the top of Amortization Schedule 2, it shows that your Principal Balance "after 5 payments" was $416,898.31.” However Santa Barbara Bank & Trust did not use this figure in the July 2007 Forbearance agreement or their amortization of my SBA loan since 2007 against SBA Form 147 NOTE signed in 2003!
Robert Forouzandeh, You have stated for Santa Barbara Bank & Trust. “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”
Robert Forouzandeh, the May 19, 2011 NOD needs to be immediately cancelled and stopped so that hopefully we can work this out in mediation rather then taking this matter very public and through the Court! Santa Barbara Bank & Trust can not have two amortization schedules for this SBA Loan! Neither You nor Diana Jessup Lee are qualified to prepare Santa Barbara Bank & Trust amortization schedules as seen in Diana Jessup Lee’s May 6, 2011 letter and her May 19, 2011 letter followed by the May 19, 2011 NOD!
Again please inform the Santa Barbara Bank & Trust Board of Directors George Leis, Gerald J. Ford, Carl B. Webb, Richard A. Nightingale, John R. Mackall, Mark K. Olson, D. Vernon Horton, William R. Loomis, Edward E. Birch, Kathy J. Odell, Clayton C. Larson, Gordon J. Wahlgren and Mary Mascolo! of yours and Diana Jessup Lees Statements and provide them the Falsified 2003 SBA Loan Contract attached above and seen at www.sbaquestions.net This is Predatory Lending, Lender Liability, Fraud and Breach of Contract since the 2003 SBA documents falsified by Santa Barbara Bank & Trust/First Bank of San Luis Obispo!
Sincerely
Bill Bookout
CC
Attorney General Kamala D. Harris
California Department of Justice
P. O. Box 944255
Sacramento, Ca 94244-2550
CC Office of the Comptroller of the Currency Case # 01394465 –01672308
From: Robert Forouzandeh [mailto:rforouzandeh@rppmh.com]
Sent: Wednesday, September 07, 2011 9:36 AM
To: Bill Bookout
Subject: RE: Santa Barbara Bank & Trust Theft of Principal, Breach of Contract and Mortgage Modification Fraud.
Mr. Bookout:
Although Ms. Lee and I have answered this question repeatedly and the amortization schedules that we provided to you in May speak for themselves, I will answer this question one last time in the hopes of providing you with clarity once and for all.
As you will see at the top of Amortization Schedule 1, it clearly shows that $22,274.46 was reduced from the outstanding balance of principal and interest due on the loan at the time of the forbearance agreement. This is why the $22,274.46 is placed inside of parenthesis ($22,274.46) on the Amortization Schedule. The fact that it is in parenthesis shows that it was reduced from the outstanding balance of principal and interest owed on the loan at that time. Similarly, at the top of Amortization Schedule 2, it shows that your Principal Balance "after 5 payments" was $416,898.31. The "5 payments" refers to the $22,274.46. Thus, the $22,274.46 was reduced from the principal and interest on the loan (the outstanding balance) prior to the loan being re-amortized pursuant to the Forbearance Agreement.
I trust that this explanation will answer your questions about the manner in which the $22,274.46 was credited towards your account.
As to the alleged comments from the OCC: You continue to ignore our request that you provide us with copies of the OCC letters dated July 16, 2008, June 30, 2011 and August 2, 2011 which you continually refer to. I am unable to comment on those letters until you send them to me.
Additionally, I have reviewed your two newest correspondences and my position remains the same: After reviewing all of your emails and correspondences, I have not found a single piece of evidence which would even imply any acts of "Predatory Lending, Breach of Contract and Fraud" on the part of Santa Barbara Bank & Trust.
Robert B. Forouzandeh
Attorney at Law
Reicker, Pfau, Pyle & McRoy LLP
1421 State Street, Suite B
Santa Barbara, CA 93101
Tel: 805-966-2440
Fax: 805-966-3320
E-mail: rforouzandeh@rppmh.com
Website: www.reickerpfau.com
------------------------------------------------------------------------------------
This e-mail may contain confidential and privileged material for the sole use of the intended recipient. Any review or distribution by others is strictly prohibited. If you are not the intended recipient, please contact the sender and delete this e-mail.
From: Bill Bookout [mailto:Pismobeachdiveshop@charter.net]
Sent: Tuesday, September 06, 2011 5:38 PM
To: Robert Forouzandeh
Cc: Diana Lee; lol@rsmediate.com; 'Ashker, Terrill K.'; sandiego@sba.gov; pismobeachsurfshop@hotmail.com; Carlos.Mendoza@sba.gov; john.manalli@sba.gov
Subject: RE: Santa Barbara Bank & Trust Theft of Principal, Breach of Contract and Mortgage Modification Fraud.
September 6, 2011
Robert Forouzandeh, California State Bar # 247177
Diana Jessup Lee, California State Bar # 155191
Reicker, Pfau, Pyle & McRoy LLP
1421 State Street, Suite B
Santa Barbara, CA 93101
Mr. Robert Forouzandeh,
All documents you have requested have been put in pdf form on the website www.sbaquestions.com
This June 29, 2011 statement by Diana Jessup Lee is not the truth as seen in the May 5, 2011 Amortization Schedules prepared by Diana Jessup Lee! You will notice that Under Cash Flow Date, Diana Jessup Lee States 5 Payments paid and subtracts $22,274.66 from $487,469.96 bringing this loan down to $465,195.50. Diana Jessup Lee in her May 19, 2011 letter and the Santa Barbara Bank & Trust May 19, 2011 NOD does not pay the principal as stated in the July 16, 2008 Office of the Comptroller of the Currency Case # 770567 The OCC States July 16, 2008: “The OCC contacted the bank, which responded to us regarding your concerns. The bank advised a forbearance agreement was executed on June 30, 2007. This agreement included an expense account that was to be created at the bank , under the banks 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).” Robert Forouzandeh, can you explain why this principal is not accounted for in the Diana Jessup Lee’s May 5, 2011 amortization schedule or the Santa Barbara Bank & Trust May 19, 2011 NOD? Please see that Santa Barbara Bank & Trust accounts for the $6,138.32 principal not paid as confirmed by the OCC on June 30, 2011 and now the OCC August 30, 2011 letter? Please see attached September 25, 2008 letter to the OCC at www.sbaquestions.com .
Santa Barbara Bank & Trust did not pay Principal per the 2007 forbearance agreement as seen in Diana Jessup Lees accounting in her May 5, 2011 amortization schedule and her May 19, 2011 letter followed by the Santa Barbara Bank & Trust May 19, 2011 NOD! Please have Santa Barbara Bank & Trust explain this to myself and the SBA attached as to why this principal was not paid?
From the May 5, 2011 amortization schedule prepared by Diana Jessup Lee, California State Bar # 155191 is shown that my SBA Loan Balance on December 6, 2010 would have been $411,531.23 showing that I have overpaid $20,534.32 as of December 30, 2010! Payments on the Oceano Nursery SBA Loan/property have not been made since December 31st 2010.
|
1/19/2010 |
|
$206.05 |
|
$390,996.91 |
|
|
12/31/2009 |
|
|
$4,121.06 |
$390,996.91 |
|
|
12/16/2009 |
|
$206.05 |
|
$392,024.73 |
Robert Forouzandeh, You will notice from the Santa Barbara Bank & Trust online accounting above that on December 31, 2009 was my last payment on this SBA Loan. You will notice the required payment amount from Santa Barbara Bank & Trust was $4,121.06 instead of Diana Jessup Lees accounting in their May 5, 2011 amortization schedules and Diana Jessup Lees May 19, 2011 letter followed by the Santa Barbara Bank & Trust May 19, 2011 NOD! How Can Santa Barbara Bank & Trust charge Late Fees per month of $206.05 against the SBA Loan Contract and SBA Form 147 Note? Diana Jessup Lee from the amortization schedules prepared by her, believes my monthly payment should have been $4,055.30 per month or $4,028.05
I have made extra payments as commented by Diana Jessup June 29, 2011. “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.”
From My Calculations Santa Barbara Bank has over charged Oceano Nursery $7,172.57 since the 2007 forbearance agreement. This calculation comes from the Office of the Comptroller of the Currency Case # 01394465 response from Santa Barbara Bank & Trust letter dated June 30, 2011 stating. “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.” Robert Forouzandeh, California State Bar # 247177 and Diana Jessup Lee, California State Bar # 155191 both of you have refused to provide Santa Barbara Bank & Trust Computerized Records documents to show how they came to their May 5, 2011 amortization schedule amount of $67,455.66 and Diana Jessup Lees May 19, 2011 letter followed by the Santa Barbara Bank & Trust May 19, 2011 NOD figures! I have posted the Santa Barbara Bank & Trust Computerized records to www.sbaquestions.net for your viewing!
Robert Forouzandeh, Santa Barbara Bank & Trust does not account for the principal of $6,138.32 not paid as confirmed by the OCC on June 30, 2011 and now the OCC August 30, 2011 letter as seen at www.sbaquestions.net ? This principal for the five payments from May 2006 to September 2006 is not seen in the NOD, for Diana Jessup Lees May 5, 2011 amortization schedules and her May 19, 2011 letter! The OCC States in the August 30, 2011 letter. “The bank states the $22,274 was applied to reduce your principal loan balance.” Robert Forouzandeh, How was this principal reduced? In July 2007 the principal balance was $420,024.30. This Principal Balance did not decline as seen in the OCC June 30, 2011 letter as noted by the OCC. “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 explain why my principal loan balance on September 1, 2008 was still $420,024.30 against the 2007 forbearance and workout agreement?
The July 6, 2007 Principal Balance was $420,024.30 as seen in the Santa Barbara Bank & Trust June 23, 2007 Computerized Payment Notice as seen at www.sbaquestions.net ! In this Payment Notice, Santa Barbara Bank & Trust asked for $54,274.21 as a total amount due minus late fees! Robert Forouzandeh, How did Santa Barbara Bank & Trust come up with the $54,922.70 as seen in the OCC June 30, 2011 letter? Diana Jessup Lee in her May 19, 2011 letter provided Santa Barbara Bank & Trust computerized records showing a June 23, 2006 payment notice and States: “As of May 6, 2006, the principal balance due on your loan was $420,024.30. (See enclosed Payment Notice dated June 23, 2006)”
Robert Forouzandeh, When you add $54,922.70 to $420,024.30 as seen in the OCC June 30, 2011 letter, you come up with $474,947.00 and when you minus $22,274.46 from this number, you come up with $452,672.54 instead of Diana Lees May 5, 2011 amortization schedule/NOD figures of $465,195.50 which is a difference of $12,522.96 over charged in the May 19, 2011 NOD. From the $452,672.54 owed should be a principal reduction of $6,138.32 on the $420,024.30 bringing this amount down to $413,885.98 as a principal balance owed and a total debt owed of $446,534.22 on July 24, 2007. This would have been a monthly payment of $3,890.96 from the OCC findings on June 30, 2011 as provided the OCC by Santa Barbara Bank & Trust. Is this Consistent with Banking Statutes, Regulations or any Policies that are Applicable to Nationally Chartered Banking Institutions?
Robert Forouzandeh, Please answer the questions that have been asked of you and are seen at www.sbaquestions.net
Sincerely
Bill Bookout
From: Bill Bookout [mailto:Pismobeachdiveshop@charter.net]
Sent: Tuesday, September 06, 2011 1:59 PM
To: 'Carlos.Mendoza@sba.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'; 'maria.hughes@sba.gov'; 'bonnie.valentine@sba.gov'; 'kathleen.moran@sba.gov'; 'ming.yee@sba.gov'; 'rosa.rodarte@sba.gov'; 'richard.blum@sba.gov'; 'juliane.talley@sba.gov'; 'cynthia.harris@sba.gov'; 'richard.jenkins@sba.gov'; 'dcastan@sba.gov'; 'rachel.baranick@sba.gov'; 'patrick.rodriguez@sba.gov'; 'melende.ward@sba.gov'; 'gary.marshall@sba.gov'; 'answerdesk@sba.gov'; 'robert.borden@sba.gov'; 'leanne.ryner@sba.gov'; 'gayoeb.mardon@sba.gov'; 'peter.estrada@sba.gov'; 'lori.lesher@sba.gov'; 'melende.ward@sba.gov'; 'lupe.cota@sba.gov'; 'cheryl.lawrence@sba.gov'; 'paul.smith@sba.gov'; 'john.manalli@sba.gov'; 'eric.ravelli@sba.gov'; 'jill.andrews@sba.gov'; 'douglas.dare@sba.gov'; 'sylvia.gutierrez@sba.gov'; 'karen.burgess@sba.gov'; 'gloria.gomez@sba.gov'; 'sandra.diaz@sba.gov'; 'molly.muro@sba.gov'; 'dace.pavlovskis@sba.gov'; 'antonio.mangohig@sba.gov'; 'susan.chang@sba.gov'; 'rachel.baranick@sba.gov'; 'stephen.leung@sba.gov'; 'ruben.garcia@sba.gov'; 'adalberto.quijada@sba.gov'; 'lol@rsmediate.com'; 'ombudsman@fdic.gov'; 'crigley@newtimesslo.com'; Weber, Tad - SLO; Weber, Tad - SLO; 'john.manalli@sba.gov'; 'cynthia.pope@sba.gov'; 'sandiego@sba.gov'; 'pismobeachsurfshop@hotmail.com'; 'Pamela Brinks'
Subject: RE: Santa Barbara Bank & Trust Theft of Principal, Breach of Contract and Mortgage Modification Fraud.
September 6, 2011
Carlos Mendoza and Mr. John Manalli
U. S. Small Business Administration US Small Business Administration
2719 N Air Fresno Dr # 107 409 3rd St, SW
Fresno, CA 93727-1547 Washington DC 20416
(559) 487-5791
Dear Mr. Carlos Mendoza and Mr. John Manalli,
Please review the SBA Bank Fraud as seen in the SBA documents attached! Please review the website www.sbaquestions.net per this bank fraud and the NOD filed May 19, 2011 by Santa Barbara Bank & Trust against their computerized records!
Are California SBA Banks allowed to change their loans documents presented to the SBA as seen by Santa Barbara Bank & Trust/FBSLO in this 2003 SBA Loan? Are California SBA Lenders allowed to ignore SBA Form 147 Note?
Sincerely
Bill Bookout
From: Bill Bookout [mailto:Pismobeachdiveshop@charter.net]
Sent: Tuesday, September 06, 2011 1:32 PM
To: 'Robert Forouzandeh'
Cc: 'lol@rsmediate.com'; 'Ashker, Terrill K.'; 'Diana Lee'; 'Michael Pick, Esq. (James McKiernan Lawyers)'; 'Pamela Brinks'; 'crigley@newtimesslo.com'; 'pismobeachsurfshop@hotmail.com'; 'velie@calcoastnews.com'
Subject: RE: Santa Barbara Bank & Trust Theft of Principal, Breach of Contract and Mortgage Modification Fraud.
September 2, 2011
Robert Forouzandeh, California State Bar # 247177
Diana Jessup Lee, California State Bar # 155191
Reicker, Pfau, Pyle & McRoy LLP
1421 State Street, Suite B
Santa Barbara, CA 93101
Mr. Robert Forouzandeh,
Re: Your September 2, 2011 Email! And the Scheduled September 16, 2011 Foreclosure of the Oceano Nursery Property followed by the Pismo Beach Surf Shop, Pismo Beach Dive Shop and Plumerias Garden and Gifts Foreclosure sale of the 470 Price Street property in Pismo Beach on September 19, 2011 from Diana Jessup Lees Amortization Schedule Accounting on May 5, 2011!
Attached above are the RESPA documents requested from Santa Barbara Bank & Trust on April 14, 2011. These are now in our possessions and seen at www.sbaquestions.net
The Santa Barbara Bank & Trust Lender Liability, Fraud and Breach of Contract goes back to 2003 as seen in the (SBA Loan Analysis Presentation) prepared by Daniela Medrano on August 20, 2003.
Would Santa Barbara Bank & Trust like to go back to back to mediation per this Lender Liability, Fraud and Breach of Contract since 2003? Please note that my provable Santa Barbara Bank & Trust SBA Loan damages since the 2003 SBA loan fraud are around 4 to 5 Million, if we are to take this to Court! I have respectively offered to settle this outside of Court to Robert Forouzandeh, and Diana Jessup Lee on numerous occasions!
Would Santa Barbara Bank & Trust like to go back to back to mediation per Diana Jessup Lees two Amortization Schedules prepared by her without using Santa Barbara Bank & Trust Computerized Records? Attached above are the Santa Barbara Bank & Trust Computerized records showing Diana Jessup Lees NOD to be Fraud!
On October 1, 2003 Santa Barbara Bank & Trust committed fraud by revising this SBA approved documents on Page 1 for the 1921 Cienega property! This property is substituted for the 470 Price Street property under “Loan Purpose” Santa Barbara Bank & Trust claims that “The working capital loan to be paid off is secured by commercial real estate used for the second business location at 470 Price Street, Pismo Beach, Ca. This loan was obtained on 1/03 for inventory and business working capital purposes.”
In the original (SBA Loan Analysis Presentation) “Loan Purpose” the property claimed was the 1921 Cienega property used for business working capital purposes! This was my Second Oceano Nursery location! Santa Barbara Bank & Trust has made two different documents! On Page 2 under “Loan Purpose (Cont.)” in the second document, Santa Barbara Bank & Trust with their fraud adds the 470 Price Street property and claims that the Certified Financial loan is part of the 470 Price Street property! Santa Barbara Bank & Trust ignores the 470 Price Street Balloon payment and the debt of $300,000.00!!!!! In the Original document Santa Barbara Bank & Trust States: “The Same collateral will not be used on this loan; a deed of trust will not be taken on this property since it is fully secured on a liquidation basis with the deed on Paso Robles St. property and the UCC Security agreement covering all business assets.”
In the SBA (SBA Loan Analysis Presentation) Under Collateral Description on Page 4 begins more fraud in the second document is seen committed by Santa Barbara Bank & Trust! The only property pledged was the 1341 Paso Robles Street property! The Pismo Beach property had a first with $300,000.00 and $75,000.00 borrowed against the 631 Lake Street house as explained to Santa Barbara Bank & Trust/FBSLO!
Santa Barbara Bank & Trust continues this Fraud on Page 5 under property description by adding the 470 Price Street property with $375,000.00 in debt associated with this property!
Santa Barbara Bank & Trust/FBSLO on Page 6 ignore the long term liability’s of the 470 Price Street property, the 631 Lake Street property and the 1941 Cienega property as noted on Page 8.
Santa Barbara Bank & Trust/FBSLO on Page 8 under (Historical Earnings & Repayment (Cont.) shows the intended use of the 1921/1941 Cienega property for the Second Oceano Nursery site to be developed with this SBA Loan! On page 9 Santa Barbara Bank & Trust/FBSLO ignore the July 24, 2003 questions asked and answered in regards to the 631 Lake Street property being used for business debt associated with the 470 Price Street Hacienda Business loan! On page 10 under (FBSLO Liability Analysis) this document is again changed with the “(Approval Officers Comments Subject To)” changed and a typed statement stating “-and revision dated 10/1/03” A new SBA PLP No. Date 9/29/03 is typed in with this revision!
The Santa Barbara Bank & Trust Fraud is seen in the August 29, 2003 SBA (Authorization SBA Guaranteed Loan) SBA Loan # PLP 664-196-4009 signed by Casey Appell on August 29, 2003! Casey Appell on Page 5 has signed the changed copy with a date of August 29, 2003? On August 27, 2003 the First Bank of San Luis Obispo ( Loan Committee Presentation Report) shows only the Oceano Nursery offered for the SBA Loan under Collateral! This is initialed by the Loan Officer Casey Appell, DRB, GRT, RTD, and KK abstaining! On October 1, 2003 this same Committee meets again and makes Collateral Modifications adding the 470 Price Street property with CA, DRB, RTD approving the new change! This is Lender Liability, Fraud and a Breach of Contract! A new (SBA Loan Analysis Presentation) is prepared stating under Report Date: “Revised October 1, 2003) On Page four of this revised document shows this banking fraud! Page nine continues this fraud as information presented showing business debts was left out from the SBA Credit Analyst.
From the August 27, 2003 (U. S. Small Business Administration Lender Application for Guaranty Of Participation). Santa Barbara Bank & Trust ignores the signed Application Page 3 and 4 on August 27, 2003. Santa Barbara Bank & Trust Fraudulently, Falsify the (Schedule of Collateral Schedule of Collateral Exhibit A) after October 6, 2003 in adding the 470 Price Street, Pismo Beach Property SBA Form 4 Schedule A. On August 27, 2003 Daniela Medrano, SBA Credit Analyst, First Bank of San Luis Obispo signs her name to SBA Form 159, that is attached with SBA Form 4! On August 27, 2003 Casey Appell, Sr. Vice President, Lending First Bank of San Luis Obispo signs his name to SBA Form 159, that is attached with SBA Form 4! The (SBA Credit Elsewhere Rules Statement was signed by Bill Bookout and not Casey Appell?
In the August 29, 2003 SBA Approval Date (Authorization SBA Guaranteed Loan) The SBA approved the prior signed documents stating “SBA approves, under Section 7 (a) of the Small Business Act as amended, Lender’s Application, received August 28, 2003, for SBA guarantee 75% of a loan (“Loan”) in the amount of $450,000.00 to assist: Borrower: 1. Bill Bookout dba Oceano Nursery 1341 Paso Robles St. Oceano, Ca 93445.” Robert Forouzandeh, California State Bar # 247177 How can these signed SBA documents then be changed the following day on August 29, 2003 or October 1, 2003? Lender liability, Fraud and Breach of Contract is found here and backed up in the (Loan Committee Presentation Report) of October 1, 2003! The Loan Agreement On Page 5 under Collateral Conditions was changed from the Loan Agreement signed October 6, 2003 by Casey Appell, Sr. Vice President Lending!
Clay Appleton, Vice President, Lending on August 28, 2003 sent to the Sacramento SBA Loan Processing Center at the U. S. Federal Courthouse Eleven pages showing Santa Barbara Bank & Trust documents before they committed Fraud! Clay Appleton sent the front page of SBA Form 4-1 “Lender’s Application for Guaranty or Participation (signed by two authorized officials of Lender)” . The two signed “authorized officials of Lender” were Clay Appleton and Steve Mathis dated August 28, 2003! Casey Appell name appears on the later version with Dave Mathis? Clay Appleton, checked Page 3 “Use of Proceeds YES” without paying attention to the 470 Price Street Debt of $300,000.00 to Hacienda Bank??
Santa Barbara Bank & Trust has then completely ignored SBA Form 147 Note stating: “Lender must adjust the payment amount at least annually as needed to amortize principal over the remaining term of the note.” This has not been done by Santa Barbara Bank & Trust as is now fully known to John Walsh and Sharon Gilstrap of the Office of the Comptroller of the Currency Case # 01394465 -01672308. Under the Note Terms signed by Casey Appell on Page 3 per SBA form 147 Note, Santa Barbara Bank & Trust has breached the yearly amortization as seen by Diana Jessup Lee in her two May 5, 2011 amortization schedules! This is backed up in the NOD filed by Santa Barbara Bank & Trust on May 19, 2011!
Santa Barbara Bank & Trusts Lender Liability, Predatory Lending, Breach of Contract and Fraud goes back to the 2003 SBA (Lender Application For Guaranty) dated August 28, 2003 by Casey Appell! The Damage from this Lender Liability, Predatory Lending, Breach of Contract and Fraud is provable of around 4 to 5 million dollars! The deception, Fraudulent, Practices and Misinformation by Santa Barbara Bank & Trust has been continued in Diana Jessup Lees two different May 5, 2011 amortization schedules that neither Robert Forouzandeh, or Diana Jessup Lee are willing to back up with Computerized banking documents from Santa Barbara Bank & Trust as requested! The false figures in the NOD filed May 19, 2011 from Santa Barbara Bank & Trust need to be immediately addressed!
The Office of the Comptroller of the Currency Sharon Gilstrap on August 2, 2011 case # 01672308 feels that this “issue is currently a matter of mediation” per the OCC response July 16, 2008, January 7, 2009 and June 30, 2011. On July 15, 2011 the OCC thought this should be handled in Arbitration and at this time thought the information you had provided after mediation was part of arbitration. The OCC changed this on August 2, 2011 after realizing our prior mediation in which Santa Barbara Bank & Trust agreed to show how this SBA loan was to be amortized. The Office of the Comptroller of the Currency Stated July 30, 2011 “ Concerning your issue that principal payments were not applied to your loan, the bank advised that they will apply each payment first to pay interest accrued to the day lender receives the payment. Additional monies will be applied to bring the principal balance current and then applied to fees.” “If there are remaining funds, the funds are utilized to reduce the principal balance.” “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.” This statement by the Office of the Comptroller of the Currency shows that Santa Barbara Bank & Trust has breached the 2007 forbearance agreement!
Santa Barbara Bank & Trust has broken the 2007 forbearance and workout agreement as seen in the agreement. The Office of the Comptroller of the Currency on July 16, 2008 was told a different story by Pacific Capital Bancorp Case # 770567 The OCC States: “The OCC contacted the bank, which responded to us regarding your concerns. The bank advised a forbearance agreement was executed on June 30, 2007. This agreement included an expense account that was to be created at the bank , under the banks 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).” The Office of the Comptroller of the Currency has shown the breach of this contract in their June 30, 2011 letter compared to what Santa Barbara Bank & Trust had informed the OCC on July 16, 2008!
Again, Please note that my provable Santa Barbara Bank & Trust SBA Loan damages since the 2003 SBA loan fraud are around 4 to 5 Million, if we are to take this to Court! I have respectively offered to settle this outside of Court to Robert Forouzandeh, and Diana Jessup Lee!
1) I have lost a personal House at 631 Lake Street, due to Santa Barbara Bank & Trust actions in the 2003 SBA loan Approval!
2) Santa Barbara Bank & Trust suggested that I refinance this 631 Lake Street house to make mortgage payments to Santa Barbara Bank & Trust!
3) The business loan on the 631 Lake Street house had to be renewed under a change in terms on November 2, 2003 up to May 2, 2004! This loan was not taken into account per the July 24, 2003 SBA Loan Checklist from Daniela Medrano!
4) I had to borrow hard money on January 19, 2004 to pay off the 1941 Cienega Loan totaling $114,900.00. That is noted in the SBA August 20, 2003 SBA Loan Analysis Presentation Page 1 & 8! On Page 2 shows the purpose of the SBA loan before the Lender Liability, Predatory Lending, Breach of Contract and Fraud in 2003 as stated: “The same collateral will not be used on this loan; a deed of trust will not be taken on this property since it is fully secured on a liquidation basis with the deed on the Paso Robles St. property and the UCC Security agreement covering all business assets.”
5) I have had to borrow hard money November 17, 2004 on the Oceano Nursery property of $70,000.00 at 12% from Dan Hilford and Bruse Eisnegart.
6) I have had to borrow hard money August 9, 2004 on the 1921 Business property of $42,000.00 at 12%!
7) I have had to borrow hard money July 22, 2005 on the Pismo Beach property of $60,000.00 to pay Santa Barbara Bank & Trust $15,233.18
The 470 Price Street property was not supposed to be used in this SBA Loan and there was already a business loan on this property of $300,000.00.
The August 29, 2003 SBA Authorization (SBA Guaranteed Loan) began the Fraud and Breach of Contract that has been committed by Santa Barbara Bank & Trust since! Borrower is Bill Bookout dba Oceano Nursery, not Plumerias Garden & Gifts or Pismo Beach Surf Shop! Clay Appelton, Vice President, Lending on August 28, 2003 prepared a “(Lender Checklist for Submitting PLP Loan Requests)” In this checklist signed by Clay Appelton and Steve Mathis SBA Form 4-1, the Pismo Beach 470 Price Street property is not used!
On August 27, 2003 a U. S. Small Business Administration (Application For Business Loan) prepared by First Bank Of San Luis Obispo was signed. In this signed application, the Pismo Beach 470 Price Street property was not offered for the 2003 SBA Loan per the signature of Bill Bookout Page # 3 and 4 dated 8/27/03 Under Schedule of Collateral Exhibit A was only the Oceano Nursery property offered per the SBA Form 4. This same Form showed an appraisal was in file for additional information! At some point in time First Bank Of San Luis Obispo has falsified this signed document as presented to the IRS!
First Bank Of San Luis Obispo on August 23, 2003 developed a (Loan Committee Presentation Report) with Casey Appell as the Loan Officer for Bill Bookout dba: Oceano Nursery. The collateral in this report used is the Oceano Nursery 1st Deed of Trust and not the 470 Price Street property! A First Bank of San Luis Obispo second meeting was held on October 1, 2003 with DRB, RTD, and CA voting yes to approve a change and adding the 470 Price Street Plumerias Garden and Gifts and Pismo Beach Dive Shop property to the SBA Loan! This was not approved by the SBA or signed by me!
On September 16, and 23rd 2003 Daniela Medrano SBA Credit Analyst wrote Valley Insurance/EC Loomis & Sons per the insurance for the Oceano Nursery Property! The 470 Price Street property was not included in this communication! On October 1, 2003 at 421 pm Valley Insurance/EC Loomis & Sons was contacted again and requested by Daniela Medrano SBA Credit Analyst to now ad the 470 Price Street property! Daniela Medrano noted that First Bank of San Luis Obispo was paying off the first on the Second Oceano Nursery property in Oceano, but was not requiring a Deed of Trust on this Business property!
Casey Appell, Daniela Medrano on 8/27/2003 Signed SBA Form 159--PLP 664-196-4009 showing an agreement that each would later breach this signed contract! The SBA Form 912 signed showed that 470 was my prior residence as it is currently with the loss of the 631 Lake Street property! This form only shows the DBA as Oceano Nursery!
August 28, 2003 Hien Hguyan, Senior Loan Officer of the Sacramento SBA Loan Processing Center writes a letter to Clay Appleton per SBA Loan Application. August 29, 2003 SBA Sacramento Loan Processing Center Rosa Walton writes Clay Appleton noting that the SBA had received request for Loan Number! August 29, 2003 Rosa Walton writes Clay Appleton stating that the SBA had generated PLP 664-196-4009 (“RE: Oceano Nursery”)
August 29, 2003 Casey Appell, Sr. Vice President, Lending for First Bank of San Luis Obispo breached the contract signed 8/27/2003 SBA Form 4 when he signed an SBA (Authorization SBA Guaranteed Loan) taking a second on the 470 Price Street property that was not never disclosed or approved by the SBA per SBA Loan PLP 664-196-4009! This is the beginning of the Predatory Lending, Breach of Contract and Fraud that has been committed by Santa Barbara Bank & Trust costing Oceano Nursery between 4 to 5 Million, emotional stress, pain and suffering, an established business with potential sales of around $600,000.00 to 700,000.00 per year!
Under the Note Terms signed by Casey Appell on Page 3 per SBA form 147 Note, Santa Barbara Bank & Trust has breached the yearly amortization as seen by Diana Jessup Lee in her two May 5, 2011 amortization schedules!
The Signed First Bank Of San Luis Obispo August 29, 2003 Authorization (SBA Guaranteed Loan) Under Page 5 Santa Barbara Bank & Trust shows there fraud, breach of contract and Lender Liability per # 2 not disclosed to borrower at time of signing SBA Form 4 on 8/27/2003! The Lender Liability, Fraud committed States: “Second Deed of Trust (including due on sale clause) on land and improvements located at 470 Price Street, Pismo Beach, Ca 93449. This property is commercial.” The Internal Revenue Service has provided the original Page 5 under H. (Collateral Conditions) showing the type of fraud that First Bank of San Luis Obispo is capable of committing in their loans!
This action by Santa Barbara Bank & Trust insured the failure of Oceano Nursery with the January 20, 2005 Memorandum by Casey Appell to Clay Appleton followed by Clay Appleton’s July 14, 2005 Memorandum requiring me to borrow hard money July 22, 2005 on the 470 Price Street Pismo Beach property of $60,000.00 to pay Santa Barbara Bank & Trust $15,233.18 instead of being able to refinance this loan with the SBA at a lower interest rate! First Bank of San Luis Obispo was paid by Fidelity National Title Company Check # 476 for $15,233.18!
A letter from Kyle Cook First Bank of San Luis Obispo Special Assets, on December 30, 2005 required that I Sale the Oceano Nursery property or face foreclosure! January 12, 2006 I responded with a letter to Reese Davies and David Booker
On March 22, 2006 Daniela Medrano sent a email to Kyle Cook and Pere Mageo regarding a conversation with me on 3/21/2006. Daniela, asked for first Bank of San Luis Obispo required Inverse Condemnation lawsuit paperwork and reminded me that per my Deed of Trust I am required to fight Invers Condemnation! On March 23, 2006 Daniela Medrano sent a email to Kyle Cook and Pere Mageo for an update on Oceano Nursery requiring late fees to be paid from Fema Flood Insurance money received for Oceano Nursery for flooding! In the Form prepared by Daniela Medrano for March 22, 2006 signing with FEMA insurance flood money used to make late payments did not help future payments! On October 10, 2003 Daniela Medrano had waived the SBA August 12, 2003 Flood Insurance requirement SBA File # 15899 in a Memorandum to Bill Bookout!
Santa Barbara Bank & Trust in the August 29, 2003 Authorization (SBA Guaranteed Loan) did not per Page 6 “Complete the review for potential Environmental Contamination required in SOP 50 10(4) (“Environmental Investigation”) on each business real property site” this is followed up with Page 9 # 4 under Environmental per the Lender Liability, Fraud and Breach of Contract that has been committed by Santa Barbara Bank & Trust!
8) The U. S. Small Business Administration SBA Form 4-1 for Guaranty or Participation, Copy with a typed date of August 28, 2003 does not request the Pismo Beach Businesses or the 470 Price Street property for this SBA Loan!
9) The U. S. Small Business Administration SBA Form 4 Page 1 (Application For Business Loan) does not apply for the 470 business property for this SBA Loan!
10) The U. S. Small Business Administration SBA Form 4 Page 2 # 2 does not offer the 470 Price Street property!
11) The U. S. Small Business Administration SBA Form 4 Page 4 (Applicant’s Certification) lists the only business as Bill Bookout DBA: Oceano Nursery and not Pismo Beach Dive Shop or Plumerias Garden & Gifts dated 8/27/2003!
12) The U. S. Small Business Administration SBA Form 4 under Schedule of Collateral Exhibit A only lists the 1341 Paso Robles Street property with a market value of $600,000.00 and claims to have an appraisal in file! The Appraisal provided was done on September 25, 2003 by Bruce A. Beaudoin after signing the U. S. Small Business Administration SBA Form 4 (Application for Business Loan)
13) Attached with the U. S. Small Business Administration SBA Form 4-1 for (Guaranty or Participation) (Application For Business Loan) is the freedom of information act (5 U. S. C. 552) (Privacy Act (5 U.S.C. 552a) Executive Order 11738 – Environmental Protection ( 38 F. R. 25161) No Environmental was done on the 470 Price Street property or the Oceano Nursery property! This SBA Form States: By acknowledging receipt of this form and presenting the application, the principals of a small business borrowing $100,000.00 or more in direct funds stipulate to the following. “That any facility used, or to be used by the subject firm is not cited on EPA list of Violating Facilities.”
14) The U. S. Small Business Administration SBA Form 413 (Personal Financial Statement) that would have required a signature on 8/27/03. This form shows mortgages owed of $1,121,829.00 and inventory of $327,450.00 under Nursery Stock. This financial statement does not include the Pismo Beach Dive Shop or the Plumerias Garden & Gifts inventory. This SBA Form shows a typed in signature and a typed in date! Robert Forouzandeh, Please provide a copy of the signed version of this form if it was signed by myself!
15)-Casey Appell signed the last page under (SBA Credit Elsewhere Rules Statement) with the borrower being Bill Bookout dba: Oceano Nursery and no mention to Pismo Beach Dive Shop or Plumerias Garden & Gifts!
16) The U. S. Small Business Administration SBA Form 912 Dated 7/14/2003 (Statement of Personal History) only showed Oceano Nursery applying for a SBA loan and not Pismo Beach Dive Shop or Plumerias Garden and Gifts! Robert Forouzandeh, I believe this is part of Lender Liability as seen below! The Collateral Real Estate Insurance Information does not show the 470 Price Street property or Pismo Beach Dive Shop or Plumerias Garden & Gifts!
The above SBA Form 4-1 required a signature and supporting documents for PLP 664-196-4009 with a signing date of 8/27/03. Robert Forouzandeh, California State Bar # 247177 Please provide all of the SBA documents for this 2003 SBA Loan.
The October 6, 2003 Commercial Security Agreement shows Bill Bookout DBA: Oceano Nursery at 1341 Paso Robles Street Oceano and Not Pismo Beach Dive Shop Or Plumerias Garden & Gifts! At no point did First Bank of San Luis Obispo identify Pismo Beach Dive Shop or Plumerias Garden & Gifts in the SBA Additional Provision!
The October 6, 2003 Hazardous Substances Certificate And Indemnity Agreement in small print for 470 Price Street States under Representation: The following representations are made to lender, subject to disclosures made and accepted by lender in writing.” Robert Forouzandeh, Please provide these disclosures made and accepted by lender in writing!
First Bank of San Luis Obispo had identified the 1921 Cienega property as a business property per UCC Financing Statement Addendum along with the Commercial Security Agreement dated October 6, 2003. Robert Forouzandeh, please explain as to why this mortgage was not included into the SBA Loan Debt!
Sincerely
Bill Bookout
From: Robert Forouzandeh [mailto:rforouzandeh@rppmh.com]
Sent: Friday, September 02, 2011 5:00 PM
To: Bill Bookout
Subject: RE: Santa Barbara Bank & Trust Theft of Principal, Breach of Contract and Mortgage Modification Fraud.
Mr. Bookout,
I have read all of your emails and correspondences and have not found a single piece of evidence which would even imply any acts of "Predatory Lending, Breach of Contract and Fraud" on the part of Santa Barbara Bank & Trust.
Attorney at Law
Reicker, Pfau, Pyle & McRoy LLP
1421 State Street, Suite B
Santa Barbara, CA 93101
Tel: 805-966-2440
Fax: 805-966-3320
E-mail: rforouzandeh@rppmh.com
Website: www.reickerpfau.com
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Santa Barbara Bank & Trust shows their Breach of Contract and Mortgage Modification Fraud to the Office of the Comptroller of the Currency Case # 01394465 – Case # 770567 and Case # 01549780 in their Santa Barbara Bank & Trust in their
