Union Bank 

Santa Barbara Bank & Trust shows their Breach of Contract and Mortgage Modification Fraud to the Office of the Comptroller of the Currency Case # 01394465 – Case # 770567 and Case # 01549780 in their May 6, 2011 Letter pdf.  Santa Barbara Bank & Trust in their  May 19, 2011 letter pdf...  Show their continued Fraud and Breach of Contract.  

Diana Jessup Lee States June 3, 2011 for SBBT and it's board of Directors, after asking questions of SBBT.  "The questions you ask are answered with full explanations in my letters to you dated May 6 and 19, 2011."

Santa Barbara Bank & Trust against the 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.

It is unfortunate that Santa Barbara and San Luis Obispo County residents, now have to know that Santa Barbara Bank & Trust would commit this type of accounting fraud since 2007 affecting local business's!
Santa Brabara Bank Trust Breach of Contract PDF...  


It is unfortunate that Santa Barbara and San Luis Obispo County residents, now have to know that Santa Barbara Bank & Trust would commit this type of accounting fraud since 2007 affecting local business's! Santa Brabara Bank Trust Breach of Contract PDF...  
Santa Barbara Bank & Trust---Breach of Contract and Mortgage Modification Fraud since 2007--
Santa Brabara Bank & Trust Breach of Contract PDF...    PCB Notice of Default January 14, 2011 and May 19, 2011, knowing mistakes and Fraud made by santa Barbara Bank & Trust!  santa Barbara Bank & Trust actions after informing the Office of the Comptroller of the Currency!  Please help in contacting Senator Sam Blakeslee and Congresswoman Lois Capps ca23ima@mail.house.gov   John Walsh, Office of the Comptroller of the Currency Case # 01394465 PDF...   

Conversation with the OCC pdf on April 5, 2011, in regards to Pacific Capital Bank putting full responsibility on the OCC in resolving this complaint # 01394465 against Pacific Capital Bancorp!   Pacific Capital Bancorp Stated on December 14, 2010!
   

Also, I noted in your communications that you indicate you have filed a complaint with the Office of the Comptroller of the Currency. As we discussed in the past, we will not discuss matters relating to the OCC complaint until that complaint has been resolved by the OCC. Because you chose that forum in which to raise your complaint, it is only fair that we allow the OCC to proceed with what it deems appropriate.”

Office of the Comptroller of the Currency www.occquestions.com PDF...    Pacific Capital Banks actions are now fully known to the SBA, OCC and the FDIC!  This type of mortgage modification fraud needs a full review by the OCC, California News Media and the FDIC. FDIC Pacific Capital Bank Complaint pdf...   


From: Bill Bookout [mailto:Pismobeachdiveshop@charter.net]
Sent: Wednesday, August 03, 2011 9:15 AM
To: 'ombudsman@fdic.gov'
Cc: 'ombudsman@sba.gov'; 'sandiego@sba.gov'; 'Ashker, Terrill K.'; 'lol@rsmediate.com'; 'Senator.Blakeslee@senate.ca.gov'; 'Congresswoman Lois Capps'
Subject: RE: Bookout/PCB Mediation per their Bank Fraud and Breach of Contract since 2007

 

August 3, 2011

 

Sharon Gilstrap and John Walsh

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

 

Dear Office of the Comptroller of the Currency Case # 01394465 Sharon Gilstrap

 

Please review the email below to Santa Barbara Bank & Trust, per the Office of the Comptroller of the Currency findings on June 30, 2011 from communication with Santa Barbara Bank &Trust.

 

The Office of the Comptroller of the Currency is going to need to resolve this matter with Santa Barbara Bank and Trust’s retaliatory actions since the OCC June 30, 2011 letter.  Please note that all information regarding Santa Barbara Bank & Trust can be seen at www.occquestions.com per their actions since 2007.

 

Sharon Gilstrap and John Walsh, I am again officially requesting of the Office of the Comptroller of the Currency, for copies of all written communication from Santa Barbara Bank & Trust or Pacific Capital Bank from 2007 to present as their actions have now become a public matter!

 

Sincerely

 

Bill Bookout


From: Bill Bookout [mailto:Pismobeachdiveshop@charter.net]
Sent: Wednesday, August 03, 2011 7:20 AM
To: 'Robert Forouzandeh'
Cc: 'sandiego@sba.gov'; 'Marianne Partridge -'; 'Nick Welsh -'; 'Michelle Drown -'; 'Matt Kettmann -'; 'dkatich@newspress.com'; 'wmccaw@newspress.com'; 'avw@newspress.com'; 'rmiller@newtimesslo.com'; 'aschwellenbach@newtimesslo.com'; 'velie@calcoastnews.com'; 'assignmentdesk@keyt.com'; 'Customer.Assistance@occ.treas.gov'; 'Carlos.Mendoza@sba.gov'; 'sbcountyda@co.santa-barbara.ca.us'; 'ombudsman@fdic.gov'; 'sandiego@sba.gov'; 'Lcannon@dfi.ca.gov'; 'legal@fdic.gov'; 'barney@independent.com'; 'dporter@dfi.ca.gov'; 'lol@rsmediate.com'; 'begelko@sfchronicle.com'; 'Ashker, Terrill K.'; 'Senator.Blakeslee@senate.ca.gov'; 'Congresswoman Lois Capps'; 'sduerr@thetribunenews.com'; 'FDIC STARSMail'
Subject: RE: Bookout/PCB Mediation per their Bank Fraud and Breach of Contract since 2007

 

August 3, 2011

 

Office of the Comptroller of the Currency Case # 01394465 – Case # 770567

 

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: Santa Barbara Bank & Trusts, Fraud and Breach of Contract since July 2007 per the Forbearance and Workout Agreement prepared by George C. Lazar.

RE: Your offer from Santa Barbara Bank & Trust.  Nonetheless, as a token of good faith, if you pay the amount set forth on the July 27, 2011 statement ($102,859.01), Santa Barbara Bank and Trust will accept this as a complete cure of your default on your loan which is now in its 21st month.”

All documents backing up the Fraud and Breach of Contract by Santa Barbara Bank & Trust can be seen at  www.sbbtfraud.com --- www.pacificcapitalbank.co --- www.occquestions.com --- www.santabarbarabankandtrustfraud.com --- www.santabarbarabankandtrust.co - www.fdicquestions.com and www.geraldjford.net

 

Robert Forouzandeh, Please see that Christine Sontag 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; -------Are fully aware of your statements in your email August 1, 2011 and your refusal to answer questions asked of Santa Barbara Bank & Trust since May 19, 2011!

 

Please see attached contract above that Santa Barbara Bank & Trust has broken since July 2007!  Remember that Christine Sontag has written to Judge Denise Motter per a restraining order for asking Banking questions of Santa Barbara Bank & Trust; requiring all communication to be with Robert Forouzandeh, Diana Jessup Lee and Lol Sorensen.  Christine Sontag has stated to Judge Denise Motter! “that any and all of his questions would be answered by those designated representatives.)” This has not been done by you or Diana Jessup Lee, California State Bar #’s 247177 and 155191

 

Robert Forouzandeh, Why did Santa Barbara Bank & Trust not apply the $22,274.46 to both principal and interest, per the 2007 Forbearance Agreement?  The Office of the Comptroller of the Currency has stated June 30, 2011 regarding Santa Barbara Bank & Trust.  “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.”   Please explain why Diana Jessup Lee California State Bar # 247177 does not account for this principal in her May 6, 2011 letter or her May 19, 2011 letter? Diana Lee State below on June 29, 2011.  Your July 2007 payment of $22,274.46 was used "to pay the monthly principal and interest payments owing on Note for the earliest five monthly past due payments (May, 2006, June, 2006, July, 2006, August, 2006 and September, 2006)" exactly as stated in the Forbearance Agreement (emphasis added).  This has been explained to you repeatedly.  See my May 19, 2011 letter as well as the charts enclosed with my May 6, 2011 letter.  I do not intend to continue repeating myself, so please do not keep asking this same question.”  Please explain as to why Santa Barbara Bank & Trust would misinform the Office of the Comptroller of the Currency Case # 01394465 – Case # 770567?

 

The 2007 Forbearance and Workout Agreement States:  “$22,274.66 to pay the monthly principal and interest payments owing on Note for the earliest five past due monthly payments (May, 2006, June, 2006, August, 2006 and September, 2006).”  Again please explain as to why Diana Lee has not accounted for this Principal in the May 19, 2011 NOD or her May 6th and 19th 2011 letters?

 

 

Mr. Robert Forouzandeh, Can you explain this statement of yours a little more “The July 27, 2011 statement sent from Santa Barbara Bank and Trust does not include the amounts owed by you for the deferred payments under the Forbearance Agreement.  When you breached the Forbearance Agreement by going into default on your loan, pursuant to contract, the deferred payments were accelerated and due in full immediately.” Wasn’t the deferred payments amortized from 2007 into this loan as presented to the Internal Revenue Service by Santa Barbara Bank & Trust for 2007 and 2008?

 

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

 

 

 

Robert Forouzandeh, In 2007 Santa Barbara Bank & Trust Breached the Forbearance agreement by overcharging this SBA loan as shown by Diana Jessup Lee in her May 19, 2011 letter.

 

1)       Robert Forouzandeh, You State: “The July 27, 2011 statement sent from Santa Barbara Bank and Trust does not include the amounts owed by you for the deferred payments under the Forbearance Agreement.”  Please provide the Santa Barbara Bank & Trust computerized records showing this as the monthly loan statements do not show $45,171.20 claimed by Diana Jessup Lee and yourself!  Please note that the Office of the Comptroller of the Currency does not back up your statement in their June 30, 2011 letter.  Again how have you and Diana Jessup Lee come up with this figure of $45,171.20 from the Santa Barbara Bank & Trust computerized documents?

 

2)       Robert Forouzandeh, You State: When you breached the Forbearance Agreement by going into default on your loan, pursuant to contract, the deferred payments were accelerated and due in full immediately.  Accordingly, they were added to the notice of default amount”  Please explain as to why Santa Barbara Bank & Trust would Breach the 2007 Forbearance agreement and over charge my monthly payment as acknowledged by Diana Jessup Lee in her May 6, 2011 letter? What has happened to this extra money that I have had to pay since July 2007?

 

3)       Robert Forouzandeh, Please explain as to why Santa Barbara Bank & Trust has stolen this additional money from me since 2007 as still being attempted in the July 27, 2011 payment notice?  Santa Barbara Bank & Trust now claims in the May 19, 2011 NOD, that the monthly payment should have been $3,873.73 instead of $4,121.06!  What has Santa Barbara Bank & Trust done with the 29 payments overcharged by $247.33 or $7,172.57?

 

4)       Robert Forouzandeh, You State: Nonetheless, as a token of good faith, if you pay the amount set forth on the July 27, 2011 statement ($102,859.01), Santa Barbara Bank and Trust will accept this as a complete cure of your default on your loan which is now in its 21st month”  What about the money that has been overcharged to by Santa Barbara Bank & Trust since 2007 of $7,172.57?

 

5)       Robert Forouzandeh, in your email statement you state: Nonetheless, as a token of good faith, if you pay the amount set forth on the July 27, 2011 statement ($102,859.01), Santa Barbara Bank and Trust will accept this as a complete cure of your default on your loan which is now in its 21st month “  Please explain why I should have to pay Santa Barbara Bank & Trust $4,121.06 per month for their 2007 Breach of Contract and Mortgage Modification Fraud?  Please explain why I should have to pay late fees on $4,121.06 per month from Santa Barbara Bank & Trusts Breach of Contract and Mortgage Modification Fraud? Please explain why Santa Barbara Bank & Trust would steal $7,172.57 from me and my business’s?  Please explain why I should have to pay Santa Barbara Bank & Trust Attorney fees for the mistakes made by Santa Barbara Bank & Trust since 2007?

 

6)       Robert Forouzandeh, You State: All of the other questions you refer to in your email were fully and completely answered in the various emails from Ms. Lee to you that I identified in my August 1, 2011 email to you. Please go back and review them in depth and you will find answers to all of your questions, including how the May Notice of Default was calculated.  Robert Forouzandeh, Please answer the questions that have been asked of Yourself, Diana Jessup Lee and Santa Barbara Bank & Trust since June 3, 2011!

 

A)       Please see that the questions asked of Mr. Mark K. Olson and Mr. Nightingale on June 3, 2011 as seen below are answered!

B)       Please see that the questions below asked of Diana Jessup Lee on June 2, 2011 are answered!

C)       Please see that the questions asked of Diana Jessup Lee on June 27, 2011 as seen below are answered!

D)       Please see that the questions asked of Diana Jessup Lee on July 4, 2011 as seen below are answered!

E)       Please see that the questions asked of Diana Jessup Lee on July 16, 2011 as seen below are answered!

F)       Please see that the questions asked of Diana Jessup Lee on July 20, 2011 as seen below are answered!

 

Robert Forouzandeh, to date you have not answered the questions asked of Santa Barbara Bank & Trust or it’s representative Diana Jessup Lee!  It would be nice to resolve this very public matter regarding the Santa Barbara Bank & Trust’s Fraud and Breach of Contract that has been committed by Santa Barbara Bank & Trust since July 2007. 

 

Sincerely

 

 

Bill Bookout

 

CC Sharon Gilstrap and John Walsh

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

 

CC U.S. Small Business Administration

 

Attorney General Kamala D. Harris

California Department of Justice

P. O. Box 944255

Sacramento, Ca 94244-2550

·                                

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

 


From: Robert Forouzandeh [mailto:rforouzandeh@rppmh.com]
Sent: Tuesday, August 02, 2011 10:04 AM
To: Bill Bookout
Subject: RE: Bookout/PCB Mediation per thier Bank Fraud and Breach of Contract since 2007

 

Mr. Bookout,

 

The July 27, 2011 statement sent from Santa Barbara Bank and Trust does not include the amounts owed by you for the deferred payments under the Forbearance Agreement.  When you breached the Forbearance Agreement by going into default on your loan, pursuant to contract, the deferred payments were accelerated and due in full immediately.  Accordingly, they were added to the notice of default amount.  Nonetheless, as a token of good faith, if you pay the amount set forth on the July 27, 2011 statement ($102,859.01), Santa Barbara Bank and Trust will accept this as a complete cure of your default on your loan which is now in its 21st month. 

 

All of the other questions you refer to in your email were fully and completely answered in the various emails from Ms. Lee to you that I identified in my August 1, 2011 email to you. Please go back and review them in depth and you will find answers to all of your questions, including how the May Notice of Default was calculated.

Thank you.

 

Robert

 


From: Bill Bookout [mailto:Pismobeachdiveshop@charter.net]
Sent: Monday, August 01, 2011 5:47 PM
To: Robert Forouzandeh
Cc: sandiego@sba.gov; 'Marianne Partridge -'; 'Nick Welsh -'; 'Michelle Drown -'; 'Matt Kettmann -'; dkatich@newspress.com; wmccaw@newspress.com; avw@newspress.com; rmiller@newtimesslo.com; aschwellenbach@newtimesslo.com; velie@calcoastnews.com; assignmentdesk@keyt.com; Customer.Assistance@occ.treas.gov; Carlos.Mendoza@sba.gov; sbcountyda@co.santa-barbara.ca.us; ombudsman@fdic.gov; sandiego@sba.gov; Lcannon@dfi.ca.gov; legal@fdic.gov; barney@independent.com; dporter@dfi.ca.gov; lol@rsmediate.com; begelko@sfchronicle.com
Subject: RE: Bookout/PCB Mediation per thier Bank Fraud and Breach of Contract since 2007

August 1, 2011

 

Office of the Comptroller of the Currency Case # 01394465 – Case # 770567

 

Robert Forouzandeh,

Reicker, Pfau, Pyle & McRoy LLP

1421 State Street, Suite B

Santa Barbara, CA  93101

 

Mr. Robert Forouzandeh,

 

RE: Santa Barbara Bank & Trusts, Fraud and Breach of Contract since July 2007. 

 

1)       Please see that the questions asked of Mr. Mark K. Olson and Mr. Nightingale on June 3, 2011 as seen below are answered!

2)       Please see that the questions below asked of Diana Jessup Lee on June 2, 2011 are answered!

3)       Please see that the questions asked of Diana Jessup Lee on June 27, 2011 as seen below are answered!

4)       Please see that the questions asked of Diana Jessup Lee on July 4, 2011 as seen below are answered!

5)       Please see that the questions asked of Diana Jessup Lee on July 16, 2011 as seen below are answered!

6)       Please see that the questions asked of Diana Jessup Lee on July 20, 2011 as seen below are answered!

 

Mr. Forouzandeh, Please explain why the NOD filed May 19, 2011 for $111,024.71 is a larger amount then the Santa Barbara Bank & Trust July 24, 2011 payment notice?  Please pay close attention to the Fidelity National Title Company email below dated May 26, 2011 along with the SBBT payment notice attached!  You will notice that $78,300.14 divided by 19 is $4,121.06 per month!  Why is Santa Barbara Bank & Trust still billing this amount with the SBBT Fraud seen in Diana Lee’s May 19, 2011 letter attached?

 

Robert Forouzandeh, Please explain how you had come up with the $45,171.20 again as this is not seen in the Santa Barbara Bank & Trust payment notice and is not mentioned in the Office of the Comptroller of the Currency Case # 01394465 – Case # 770567 June 30, 2011 findings?

 

Robert Forouzandeh, Please see that Christine Sontag; the Santa Barbara Bank & Trust and Pacific Capital Bancorp 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; -------Are fully aware of your statements in your email August 1, 2011 and your refusal to answer questions asked of Santa Barbara Bank & Trust since May 19, 2011!

 

Sincerely

 

Bill Bookout

 

CC Sharon Gilstrap and John Walsh

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

 

CC U.S. Small Business Administration

 

Attorney General Kamala D. Harris

California Department of Justice

P. O. Box 944255

Sacramento, Ca 94244-2550

·                                

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


From: Robert Forouzandeh [mailto:rforouzandeh@rppmh.com]
Sent: Monday, August 01, 2011 4:45 PM
To: Bill Bookout
Cc: Diana Lee
Subject: RE: Bookout/PCB Mediation per thier Bank Fraud and Breach of Contract since 2007

 

Mr. Bookout,

 

I disagree with your assertion that Ms. Lee has been "unable to answer" your questions.  Ms. Lee has answered all of your questions repeatedly.  I would refer you to Ms. Lee's correspondences to you dated: May 6, May 26, May 31, June 28, July 5 and July 15, 2011 (among others), in which Ms. Lee has answered each and every one of your questions repeatedly.

 

If you have any new information or any new questions, please provide those to me and I will respond accordingly.

 

Thank you.

 

Robert B. Forouzandeh

Attorney at Law

Reicker, Pfau, Pyle & McRoy LLP

1421 State Street, Suite B

Santa Barbara, CA  93101

 

Tel:  805-966-2440

Fax:  805-966-3320

E-mail: rforouzandeh@rppmh.com

Website:  www.reickerpfau.com

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

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

 


From: Bill Bookout [mailto:Pismobeachdiveshop@charter.net]
Sent: Monday, August 01, 2011 4:09 PM
To: Robert Forouzandeh
Cc: sandiego@sba.gov; 'Marianne Partridge -'; 'Nick Welsh -'; 'Michelle Drown -'; 'Matt Kettmann -'; dkatich@newspress.com; wmccaw@newspress.com; avw@newspress.com; rmiller@newtimesslo.com; aschwellenbach@newtimesslo.com; velie@calcoastnews.com; assignmentdesk@keyt.com; Customer.Assistance@occ.treas.gov; Carlos.Mendoza@sba.gov; sbcountyda@co.santa-barbara.ca.us; ombudsman@fdic.gov; sandiego@sba.gov; Lcannon@dfi.ca.gov; legal@fdic.gov; barney@independent.com; dporter@dfi.ca.gov; lol@rsmediate.com; begelko@sfchronicle.com
Subject: RE: Bookout/PCB Mediation per thier Bank Fraud and Breach of Contract since 2007

August 1, 2011

 

Office of the Comptroller of the Currency Case # 01394465 – Case # 770567

 

Robert Forouzandeh,

Reicker, Pfau, Pyle & McRoy LLP

1421 State Street, Suite B

Santa Barbara, CA  93101

 

Mr. Robert Forouzandeh,

 

RE: Santa Barbara Bank & Trusts, Fraud and Breach of Contract since July 2007. 

 

Diana Jessup Lee has been unable to answer the Santa Barbara Bank & Trust Banking questions, that Christine Sontag has stated: “Ms. Lee, and that any and all of his questions would be answered by those designated representatives.)” 

 

Can you explain why the NOD filed May 19, 2011 for $111,024.71 is a larger amount then the Santa Barbara Bank & Trust July 24, 2011 payment notice?  Please pay close attention to the Fidelity National Title Company email below dated May 26, 2011 along with the SBBT payment notice attached!  You will notice that $78,300.14 divided by 19 is $4,121.06 per month!  Why is Santa Barbara Bank & Trust still billing this amount with the SBBT Fraud seen in Diana Lee’s May 19, 2011 letter attached?

 

 

 

 

Robert Forouzandeh, Please explain how you had come up with the $45,171.20 again as this is not seen in the Santa Barbara Bank & Trust payment notice and is not mentioned in the Office of the Comptroller of the Currency Case # 01394465 – Case # 770567 June 30, 2011 findings?

 

Please see that each Santa Barbara Bank & Trust Board of Director; 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, are made aware of how Santa Barbara Bank & Trust is handling their SBA loans and this type of banking fraud known to the Office of the Comptroller of the Currency, the FDIC and the SBA attached!

 

Sincerely

 

Bill Bookout

 

CC Sharon Gilstrap and John Walsh

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

 

CC U.S. Small Business Administration

 

Attorney General Kamala D. Harris

California Department of Justice

P. O. Box 944255

Sacramento, Ca 94244-2550

·                                

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


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

 

Mr. Bookout:

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

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

TOTAL: $111,024.71


thank you,


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

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

 


From: Bill Bookout [mailto:Pismobeachdiveshop@charter.net]
Sent: Monday, August 01, 2011 6:22 AM
To: 'lol@rsmediate.com'
Cc: 'prongavilla@keyt.com'; 'Ashker, Terrill K.'; 'Carlos.Mendoza@sba.gov'; 'Manalli, John A.'; 'LeSieur, Debbie'; 'Senator.Blakeslee@senate.ca.gov'; 'Congresswoman Lois Capps'; 'sandiego@sba.gov'; 'Marianne Partridge -'; 'Nick Welsh -'; 'Michelle Drown -'; 'Matt Kettmann -'; 'dkatich@newspress.com'; 'wmccaw@newspress.com'; 'avw@newspress.com'; 'rmiller@newtimesslo.com'; 'aschwellenbach@newtimesslo.com'; 'velie@calcoastnews.com'; 'assignmentdesk@keyt.com'; 'Customer.Assistance@occ.treas.gov'; 'Carlos.Mendoza@sba.gov'; 'sbcountyda@co.santa-barbara.ca.us'; 'ombudsman@fdic.gov'; 'sandiego@sba.gov'; 'Lcannon@dfi.ca.gov'; 'legal@fdic.gov'; 'barney@independent.com'; 'dporter@dfi.ca.gov'; 'lol@rsmediate.com'; 'begelko@sfchronicle.com'; 'Robert Forouzandeh'
Subject: RE: Bookout/PCB Mediation per thier Bank Fraud and Breach of Contract since 2007

 

August 1, 2011         Office of the Comptroller of the Currency Case # 01394465 – Case # 770567

 

Lol Sorensen

690 Oak Grove Court
Ojai, CA 93023

www.rsmediate.com

 

Dear Mr. Lol Sorensen,

 

RE: Our Mediation regarding Santa Barbara Bank & Trust’s Fraud & Breach of Contract since 2007 known to its 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.  You had stated, per our Mediation April 27, 2011 email attached.      Bill will not add content about PCB to any websites, and will not send any emails or other communications related to PCB until May 13, 2011”  “I will stay in touch with both of you as we continue to explore a possible settlement.”

 

Unfortunately, Diana Jessup Lee is not responding to questions that have been asked of Santa Barbara Bank & Trust and its 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; per the SBBT Fraud and Breach of Contract as seen in Diana Jessup Lee’s; two May 5, 2011 amortization schedules and her May 6, 2011 and May 19, 2011 letters provided after Mediation.  Can you see that the proper Santa Barbara Bank & Trust; Bank officials are familiar with Diana Lee’s statements as now seen at www.sbbtfraud.com --- www.pacificcapitalbank.co --- www.occquestions.com --- www.santabarbarabankandtrustfraud.com --- www.santabarbarabankandtrust.co - www.fdicquestions.com and www.geraldjford.net It is now time to ask the public’s help in how Diana Jessup Lee is handling this SBA Loan and her refusal to answer SBBT banking questions after Christine Sontag has written to Judge Denise Motter. “that any and all of his questions would be answered by those designated representatives.)” 

 

Santa Barbara Bank & Trust (Christine Sontag) stated in writing to the Santa Barbara Superior Court Judge Denise Motter, June 6, 2011:  “Ms. Lee, and that any and all of his questions would be answered by those designated representatives.)”  Diana Jessup Lee has not answered SBBT Banking questions after acknowledging the Santa Barbara Bank & Trust Fraud and Breach of Contract in her two May 5, 2011 amortization schedules and her May 6th and 19th letters!  On June 27, 2011 Santa Barbara Superior Court Judge Denise Motter gave only authorization to contact yourself (Lol Sorenson,) Robert Forouzandeh and Diana Lee thus, making communication through you as a mediator to be very important as Diana Jessup Lee has refused to answer Banking questions as Christine Sontag has stated: “Ms. Lee, and that any and all of his questions would be answered by those designated representatives.)”

 

Attached below is the May 3, 2011 email from Diana Jessup Lee stating We are putting together the information we agreed to provide you, which hopefully will assist you in seeing that your assumptions are not correct.  Diana Jessup Lee, copied this to the FDIC and the SBA along with you and Doug Lutz of Pacific Capital Bank.  Diana Jessup Lee in her May 6, 2011 letter shows the Santa Barbara Bank & Trust’s Fraud and Breach of Contract since 2007.  This is now known publically and to the Office of the Comptroller of the Currency Case # 01394465, Sharon Gilstrap and John Walsh.  The information provided by SBBT and Diana Lee, show the fraud and breach of contract by Santa Barbara Bank & Trust!  Your help is needed in now mediating this problem.

 

Attached is the July 24, 2011 Santa Barbara Bank & Trust, monthly statement showing Santa Barbara Bank & Trust Fraud and Breach of Contract per Diana Jessup Lee’s May 19, 2011 letter and amortization schedules, attached.  Please note that Santa Barbara Bank & Trust still believes after Diana Jessup Lee’s amortization schedules 1 and 2 that they can bill me $4,121.06 per month!  How can Santa Barbara Bank & Trust commit this type of Banking Fraud known to the Office of the Comptroller of the Currency Case # 01394465 – Case # 770567?  Please note that SBBT is still trying to charge late fees of $206.05 after admitting their fraud and breach of contract in their amortization schedules 1 and 2 attached!

Mr. Sorensen, does Santa Barbara Bank & Trust want to discuss their False NOD filed May 19, 2011 after our last mediation?  Fidelity National Title has shown the SBBT Fraud per the May 19, 2011 NOD as SBBT has now shown a monthly payment of $3,873.73 (17 payments 01/2010 thru 05/2011 $65,853.51)  on May 19, 2011 Instead of the Monthly Santa Barbara Bank & Trust claim of $4,121.06?  Diana Jessup Lee claims a monthly payment of $4,055.30 to be accurate in her May 19, 2011 letter!   On January 25, 2011 Santa Barbara Bank & Trust had claimed through George C. Lazar as seen below that their monthly payment was 10 Deferred payments 10/2006 - 7/2007  $37,801.09 which is more consistent with the  Office of the Comptroller of the Currency Case # 01394465 – Case # 770567 findings June 30, 2011!  Please note that SBBT does not account in the NOD for their theft of $247.33 per month from me as seen in the May 19, 2011 NOD.  I believe this is Grand Theft of my business working capital!

The SBA---U.S. Small Business Administration Attorney, Terrill K. Ashker has stated March 9, 2011 per Breach of Contract.  “SBA neither agrees nor disagrees that Pacific Capital Bank has ‘accurately’ amortized your loan since 2007. If you dispute the calculation of your remaining loan balance, SBA believes  that a private attorney retained by you would advise you that you have the right to seek recourse against your lender by suing Pacific Capital Bank for breach of contract.” Pacific Capital Bank has shown this Breach of Contract in the May 6, 2011 letter and the May 19, 2011 letter along with the false May 5, 2011 amortization schedules and the NOD filed May 19, 2011!

The Office of the Comptroller of the Currency Case # 01394465 – Case # 770567  has shown the 2007 breach of contract, in how Santa Barbara Bank & Trust, Pacific Capital Bancorp did not apply principal payments since the 2007 forbearance and workout agreement.  The OCC shows how Santa Barbara Bank & Trust, Pacific Capital Bancorp change their story from the July 16, 2008 OCC letter and the June 30, 2011 OCC letter.  The OCC shows that all deferred payments were met as stated 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.”  This is not seen in the SBBT two amortization schedules May 5, 2011 or Diana Jessup Lee’s May 6th and May 19, 2011 letters!

Again it is unfortunate that this now has to be made public with the false NOD filed by Santa Barbara Bank & Trust on May 19, 2011 against the Office of the Comptroller of the Currency Case # 01394465 – Case # 770567 findings June 30, 2011!  It is unfortunate that websites have had to be established to show Santa Barbara Bank & Trust’s Fraud and Breach of Contract since 2007! 

 

Your help is needed in resolving this public matter as allowed by the Santa Barbara Superior Court on June 27, 2011.  There has been no legal action taken against Santa Barbara Bank & Trust to date.

 

Sincerely

 

 

Bill Bookout

Pismo Beach Surf Shop

Pismo Beach Dive Shop

Plumerias Garden And Gifts

Oceano Nursery

 

CC Sharon Gilstrap and John Walsh

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

 

CC U.S. Small Business Administration

 

Attorney General Kamala D. Harris

California Department of Justice

P. O. Box 944255

Sacramento, Ca 94244-2550

·                                

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

 


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

 

Dear Mr. Bookout,

 

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

 

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

 

Diana Lee

 

 


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

 

Dear Bill and Diana:

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

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

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

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

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

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

Best regards,

Lol Sorensen

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

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

and any attachments.

 


From: Bill Bookout [mailto:Pismobeachdiveshop@charter.net]
Sent: Friday, July 22, 2011 2:34 PM
To: 'ombudsman@fdic.gov'
Cc: 'ombudsman@sba.gov'; 'sandiego@sba.gov'; 'sbcountyda@co.santa-barbara.ca.us'; 'FDIC STARSMail'; 'lol@rsmediate.com'; 'dporter@dfi.ca.gov'; 'Lcannon@dfi.ca.gov'; 'legal@fdic.gov'
Subject: RE: Bookout/PCB Mediation per thier Bank Fraud and Breach of Contract since 2007

 

July 22, 2011       Office of the Comptroller of the Currency Case # 01394465 – Case # 770567

 

Sharon Gilstrap and John Walsh

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

 

Dear Office of the Comptroller of the Currency Case # 01394465 Sharon Gilstrap

 

Re: The OCC Case # 01549780 July 15, 2011 letter per communication received July 13, 2011 by the OCC

 

Please be advised that there has been no (Arbitration) in regards to Santa Barbara Bank & Trusts, Fraud and Breach of Contract.  No Lawsuits have been filed!  The mediation was not a Court ordered mediation and no legal proceeding’s, have been initiated.  After Mediation Santa Barbara Bank & Trust provided two amortization schedules, that are not consistent with the OCC June 30, 2011 findings!  The May 19, 2011 letter from Santa Barbara Bank & Trust is not consistent with the OCC June 30, 2011 findings and shows Santa Barbara Bank & Trust’s Fraud and Breach of Contract!

 

This problem with Santa Barbara Bank & Trust is now very public!  Please again note that there has been No Arbitration!         

 

Please review the Santa Barbara Bank & Trust and Pacific Capital Bancorp response July 15, 2011 in regards to the OCC June 30, 2011 findings.  All information has been posted at www.occquestions.com ---  www.pacificcapitalbank.co  and www.governorjerrybrown.net as the Office of the Comptroller of the Currency Case # 01394465 – Case # 770567 has shown Santa Barbara Bank & Trust and Pacific Capital Bancorp’s, Fraud and Breach of Contract on June 30, 2011.

 

It is important for the OCC to respond about Santa Barbara Bank & Trust and Pacific Capital Bancorp’s May 6, 2011 letter and their two May 5, 2011 Amortization Schedules along with the SBBT May 19, 2011 letter with the OCC findings June 30, 2011!  This new Santa Barbara Bank & Trust and Pacific Capital Bancorp claims of debt owed does, not match up with the OCC accounting on June 30, 2011!  This accounting by Santa Barbara Bank & trust has followed an NOD filed, that does not match the OCC findings June 30, 2011.

 

Please see that the questions asked of Santa Barbara Bank & Trust are answered through the Office of the Comptroller of the Currency.

 

Again there has been no Arbitration or any Court Hearings in regards to the Breach of Contract and Mortgage Modification Fraud committed by Santa Barbara Bank & Trust or Pacific Capital Bancorp!

 

Sincerely

 

 

Bill Bookout

 

CC U.S. Small Business Administration

 

Attorney General Kamala D. Harris

California Department of Justice

P. O. Box 944255

Sacramento, Ca 94244-2550

·                                

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

 


From: Bill Bookout [mailto:Pismobeachdiveshop@charter.net]
Sent: Friday, July 22, 2011 8:25 AM
To: 'ombudsman@fdic.gov'
Cc: 'ombudsman@sba.gov'; 'sandiego@sba.gov'; 'sbcountyda@co.santa-barbara.ca.us'; 'FDIC STARSMail'
Subject: RE: Bookout/PCB Mediation per thier Bank Fraud and Breach of Contract since 2007

 

July 22, 2011       Office of the Comptroller of the Currency Case # 01394465 – Case # 770567

 

John Walsh

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

 

Dear Office of the Comptroller of the Currency Case # 01394465

 

Re: Written Appeal July 12, 2011 Per the Office of the Comptroller of the Currency June 30, 2011 letter complaint against Santa Barbara Bank & Trust and Pacific Capital Bancorp.

 

A little more information has been provided as seen below to our California News Media.  Please review the Santa Barbara Bank & Trust and Pacific Capital Bancorp response July 15, 2011 in regards to the OCC June 30, 2011 findings.  All information has been posted at www.occquestions.com ---  www.pacificcapitalbank.co  and www.governorjerrybrown.net as the Office of the Comptroller of the Currency Case # 01394465 – Case # 770567 has shown Santa Barbara Bank & Trust and Pacific Capital Bancorp Fraud and Breach of Contract on June 30, 2011 in the OCC letter.

 

It is important for the OCC to respond about Santa Barbara Bank & Trust and Pacific Capital Bancorp’s May 6, 2011 letter and their two May 5, 2011 Amortization Schedules along with the May 19, 2011 letter with the OCC findings June 30, 2011!  This new Santa Barbara Bank & Trust and Pacific Capital Bancorp claims of debt owed does not match up with the OCC accounting on June 30, 2011!

 

Sincerely

 

 

Bill Bookout

 

CC U.S. Small Business Administration

 

Attorney General Kamala D. Harris

California Department of Justice

P. O. Box 944255

Sacramento, Ca 94244-2550

·                                

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


From: Bill Bookout [mailto:Pismobeachdiveshop@charter.net]
Sent: Thursday, July 21, 2011 9:42 AM
To: 'prongavilla@keyt.com'
Cc: 'Ashker, Terrill K.'; 'Carlos.Mendoza@sba.gov'; 'Manalli, John A.'; 'LeSieur, Debbie'; 'Senator.Blakeslee@senate.ca.gov'; 'Congresswoman Lois Capps'; 'sandiego@sba.gov'; 'Marianne Partridge -'; 'Nick Welsh -'; 'Michelle Drown -'; 'Matt Kettmann -'; 'dkatich@newspress.com'; 'wmccaw@newspress.com'; 'avw@newspress.com'; 'rmiller@newtimesslo.com'; 'aschwellenbach@newtimesslo.com'; 'velie@calcoastnews.com'; 'assignmentdesk@keyt.com'; 'Customer.Assistance@occ.treas.gov'; 'Carlos.Mendoza@sba.gov'; 'sbcountyda@co.santa-barbara.ca.us'; 'ombudsman@fdic.gov'; 'sandiego@sba.gov'; 'Lcannon@dfi.ca.gov'; 'legal@fdic.gov'; 'barney@independent.com'; 'dporter@dfi.ca.gov'; 'lol@rsmediate.com'; 'begelko@sfchronicle.com'
Subject: RE: Bookout/PCB Mediation per thier Bank Fraud and Breach of Contract since 2007

 

July 21, 2011        Office of the Comptroller of the Currency Case # 01394465 – Case # 770567

 

Dear California News Media,

 

RE: Santa Barbara Bank & Trust Fraud and Breach of Contract

 

Please review the communication below with Diana Jessup Lee working for Santa Barbara Bank & Trust and its 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;

 

This is the Santa Barbara Bank & Trust online accounting attached, as of July 21, 2011; showing Santa Barbara Bank & Trust’s Fraud and Breach of Contract.  The Office of the Comptroller of the Currency Case # 01394465 – Case # 770567 have recently on June 30, 2011 shown  Santa Barbara Bank & Trust fraud and breach of contract; that now needs to be known in San Luis Obispo and Santa Barbara County residents! 

 

Please review all documents and communication at www.occquestions.com ---  www.pacificcapitalbank.co  and www.governorjerrybrown.net I am unable to contact any one at Santa Barbara Bank & Trust to see that they correct their fraud and mistakes as seen as recently as July 21, 2011.  This is why I am now bringing this to our California News Media and the public’s attention!

 

Please review the Letter attached above dated May 19, 2011 to confirm this Fraud and Breach of Contract committed by Santa Barbara Bank & Trust and fully known to the Office of the Comptroller of the Currency Case # 01394465 – Case # 770567.  Please review the appeal, below to the OCC dated July 12, 2011 for more clarification from the Office of the Comptroller of the Currency Case # 01394465 – Case # 770567 in regards to Santa Barbara Bank & Trust’s accounting!

 

Sincerely

 

 

Bill Bookout

 

CC U.S. Small Business Administration

CC Office of the Comptroller of the Currency Case # 01394465 – Case # 770567

 

Attorney General Kamala D. Harris

California Department of Justice

P. O. Box 944255

Sacramento, Ca 94244-2550

·                                

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

Notice that Santa Barbara Bank & Trust is Charging $4,121.06 per month instead of the $4,055.30 claimed owed by Diana Jessup Lee May 19, 2011!  Is this how all FDIC insured Banks account for their loans? 

 

SBA Term Loan

 

Account Name:

SBA Term Loan

Account #:

xxxxxx3501

Principal Balance:

$390,996.91

Interest Rate:

6%

Interest Accrued:

$36,443.06

Payment Due Date:

1/6/2010

Payment Due:

$4,121.06

Late Charges Due:

$6,507.36

Fees Due:

$0.00

Open Date:

10/10/2003

Original Loan Amount:

$450,000.00

Maturity Date:

10/6/2021

Interest Paid YTD:

$0.00

Interest Paid Last Year:

$0.00

 

 

Notice that Santa Barbara Bank & Trust is Charging $4,121.06 per month instead of the $4,055.30 claimed owed by Diana Jessup Lee May 19, 2011!  Is this how all FDIC insured Banks account for their loans?

 



 

 

 













 

Santa Barbara Bank & Trust, N.A., Member FDIC.

© 2011 Santa Barbara Bank & Trust, N.A. All rights reserved.

 


From: Bill Bookout [mailto:Pismobeachdiveshop@charter.net]
Sent: Wednesday, July 20, 2011 1:28 PM
To: 'Diana Lee'
Cc: 'prongavilla@keyt.com'; 'Ashker, Terrill K.'; 'Carlos.Mendoza@sba.gov'; 'Manalli, John A.'; 'LeSieur, Debbie'; 'Senator.Blakeslee@senate.ca.gov'; 'Congresswoman Lois Capps'; 'sandiego@sba.gov'; 'Marianne Partridge -'; 'Nick Welsh -'; 'Michelle Drown -'; 'Matt Kettmann -'; 'dkatich@newspress.com'; 'wmccaw@newspress.com'; 'avw@newspress.com'; 'rmiller@newtimesslo.com'; 'aschwellenbach@newtimesslo.com'; 'velie@calcoastnews.com'; 'assignmentdesk@keyt.com'; 'Customer.Assistance@occ.treas.gov'; 'Carlos.Mendoza@sba.gov'; 'sbcountyda@co.santa-barbara.ca.us'; 'ombudsman@fdic.gov'; 'sandiego@sba.gov'; 'Lcannon@dfi.ca.gov'; 'legal@fdic.gov'; 'barney@independent.com'; 'dporter@dfi.ca.gov'; 'lol@rsmediate.com'; 'begelko@sfchronicle.com'; 'Robert Forouzandeh'
Subject: RE: Bookout/PCB Mediation per thier Bank Fraud and Breach of Contract since 2007

 

July 20, 2011   Office of the Comptroller of the Currency Case # 01394465 – Case # 770567

 

Diana Jessup Lee, Esq.

Reicker, Pfau, Pyle & McRoy LLP

1421 State Street, Suite B

Santa Barbara, CA  93101

 

Dear Mrs. Diana Jessup Lee,

 

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; have entrusted you and Reicker, Pfau, Pyle & McRoy LLP, in answering Santa Barbara Bank & Trust Banking questions! 

 

The two May 5, 2011 Santa Barbara Bank & Trust, amortization schedules attached, show Santa Barbara Bank & Trust, Breach of Contract and Mortgage Modification Fraud since July 2007!  Please explain why the Office of the Comptroller of the Currency Case # 01394465 and Case # 770567 did not find the same findings on June 30, 2011 as Santa Barbara Bank & Trust accounting?  

 

The May 6, 2011 Santa Barbara Bank & Trust letter attached, shows Santa Barbara Bank & Trust, Breach of Contract and Mortgage Modification Fraud!  Please explain why the Office of the Comptroller of the Currency Case # 01394465 – Case # 770567 did not find the same findings June 30, 2011 as Santa Barbara Bank & Trust per your letters?

 

Your, May 19, 2011 Santa Barbara Bank & Trust letter attached, shows Santa Barbara Bank & Trust, Breach of Contract and Mortgage Modification Fraud!  Please explain why the Office of the Comptroller of the Currency Case # 01394465 – Case # 770567 did not find the same findings June 30, 2011 as Santa Barbara Bank & Trust?

 

The NOD filed May 19, 2011 by SBBT, on my business properties (Pismo Beach Dive Shop) (Plumerias Garden and Gifts) (Oceano Nursery) (Pismo Beach Surf Shop) is an act of Fraud and Breach of Contract! The News Media attached should have full knowledge at this point of Santa Barbara Bank & Trusts actions since 2007!

 

Again please answer the Santa Barbara Bank & Trust questions asked of you instead of 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.  Please see the June 3, 2011 letter below to Mr. Mark K. Olson and Mr. Nightingale and answer these questions!

 

The Office of the Comptroller of the Currency Case # 01394465 and Case # 770567 do not agree with your May 6, 2011 letter and two amortization schedules!  The Office of the Comptroller of the Currency Case # 01394465 and Case # 770567 does not agree with your May 19, 2011 accounting as seen in their June 30, 2011 letter!  Please view the Pacific Capital Bancorp December 14, 2010 letter attached per the OCC and their responsibility in resolving Pacific Capital Banks fraud and breach of contract.

 

Please explain to myself, the Office of the Comptroller of the Currency Case # 01394465 – Case # 770567, the SBA attached and the News Media as to why Santa Barbara Bank & Trust has committed this type of banking fraud as seen in your letters and amortization schedules? 

 

Diana Lee, you have stated May 15, 2011 Dear Mr. Bookout,

 

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

 

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

 

Diana Lee.”  Please explain to myself, the SBA, the Office of the Comptroller of the Currency Case # 01394465 – Case # 770567 as to why Pacific Capital Bank and Santa Barbara Bank & Trust would threaten me in this manner for asking banking questions in regards to your May 5, 2011 false amortizations schedules?  Your May 6, 2011 letter showing SBBT bank fraud and your May 19, 2011 letter showing SBBT bank fraud per the Office of the Comptroller of the Currency Case # 01394465 – Case # 770567 June 30, 2011 letter?

 

Please explain to myself, the OCC, the U.S. Small Business Administration attached and the News Media as to why Santa Barbara Bank & Trust per your May 6, 2011 letter would not want to use Santa Barbara Bank & Trust computerized records?  Is this how Santa Barbara Bank & Trust, is handling all of their loans?

 

Sincerely

 

 

Bill Bookout

 

CC U.S. Small Business Administration

CC Office of the Comptroller of the Currency Case # 01394465 – Case # 770567

 

Attorney General Kamala D. Harris

California Department of Justice

P. O. Box 944255

Sacramento, Ca 94244-2550

·                                

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


From: Bill Bookout [mailto:Pismobeachdiveshop@charter.net]
Sent: Saturday, July 16, 2011 7:14 AM
To: 'Diana Lee'
Cc: 'Customer.Assistance@occ.treas.gov'; 'Carlos.Mendoza@sba.gov'; 'sbcountyda@co.santa-barbara.ca.us'; 'ombudsman@fdic.gov'; 'sandiego@sba.gov'; 'Lcannon@dfi.ca.gov'; 'legal@fdic.gov'; 'rmiller@newtimesslo.com'; 'barney@independent.com'; 'dporter@dfi.ca.gov'; 'lol@rsmediate.com'; 'begelko@sfchronicle.com'; 'Robert Forouzandeh'; 'Ashker, Terrill K.'; 'Manalli, John A.'; 'Congresswoman Lois Capps'
Subject: RE: Bookout/PCB Mediation per thier Bank Fraud and Breach of Contract since 2007

 

July 16, 2011    Office of the Comptroller of the Currency Case # 01394465 – Case # 770567

 

Diana Jessup Lee, Esq.

Reicker, Pfau, Pyle & McRoy LLP

1421 State Street, Suite B

Santa Barbara, CA  93101

 

Dear Mrs. Diana Jessup Lee,

 

Re: Your May 15, 2011 Email:  Please provide me with a copy of the OCC finding referenced in your email below.”

 

Again please see that all questions asked of Santa Barbara Bank & Trust, Pacific Capital Bancorp Board of Directors and yourself are answered!   The Office of the  Comptroller of the Currency Case # 01394465 and Case # 770567 in my opinion, show Santa Barbara Bank & Trust, Pacific Capital Bancorp’s Fraud and Breach of Contract since July 2007!   If you can disprove this, then please immediately provide the computerized Banking records showing no mistakes or errors made by Santa Barbara Bank & Trust and Pacific Capital Bancorp within 24 hours!  Please note that you have previously stated:Your request for additional computerized documents makes no sense.”

 

The SBA---U.S. Small Business Administration Attorney, Terrill K. Ashker has stated March 9, 2011 per Breach of Contract.  “SBA neither agrees nor disagrees that Pacific Capital Bank has ‘accurately’ amortized your loan since 2007. If you dispute the calculation of your remaining loan balance, SBA believes  that a private attorney retained by you would advise you that you have the right to seek recourse against your lender by suing Pacific Capital Bank for breach of contract.” Pacific Capital Bank has shown this Breach of Contract in the May 6, 2011 letter and the May 19, 2011 letter along with the false May 5, 2011 amortization schedules and the NOD filed May 19, 2011!

 

The NOD filed by Pacific Capital Bank on May 19, 2011 is not consistent with the findings by the Comptroller of the Currency Case # 01394465 and Case # 770567.  The OCC is now being asked to provide the documents provided to by Santa Barbara Bank & Trust, Pacific Capital Bancorp per your July 15, 2011 email!  The OCC is being asked to explain Santa Barbara Bank & Trust, Pacific Capital Bancorp’s accounting in the May 19, 2011Letter and NOD that was not mentioned by the OCC in the June 30, 2011 letter!  Please note that you have stated June 29, 2011 “2.  The two amortization schedules enclosed with my May 6, 2011 letter were created by SBBT based on the terms of your original loan, the forbearance agreement, and your payment history.  Your request for additional computerized documents makes no sense.” The OCC has received a different story from Santa Barbara Bank & Trust as seen in their June 30, 2011 findings!

 

Diana Jessup Lee, You State June 15, 2011:   just as you pushed the bank to the pointing of obtain a restraining order against you.”  Please note that you have chose to not answer SBBT banking questions and have filed an NOD on May 19, 2011 against the Comptroller of the Currency Case # 01394465 and Case # 770567 finding on June 30, 2011.  With, your refusal to answer banking questions it has been important to go over your head and see that Santa Barbara Bank & Trust, Pacific Capital Bancorp Directors and Supervision are aware of your actions in your May 6, 2011 letter and your May 19, 2011 letter!

 

Please see that the Santa Barbara Bank & Trust and  Pacific Capital Bancorp 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; are fully aware of your May 6, 2011 letter and your May 19, 2011 letter along with the PCB May 19, 2011 NOD and amortization schedules prepared by you!  I do believe that if these documents are not correct, then this is truly fraud and breach of contract per the 2007 forbearance and workout agreement and the SBA March 9, 2011 email from Terrill K. Ashker.

 

Again the Office of the Comptroller of the Currency Case # 01394465 and Case # 770567 shows a PCB July 2007, payments debt of $54,922.70 rather then your May 5, 2011 claimed amortization schedule debt of $67,455.66 as seen in your May 19, 2011 letter and NOD.  This full amount from the OCC findings is $452,672.54 rather then your debt of $465,195.50 per the amortization schedule prepared by yourself after mediation!

 

Diana Jessup Lee, these are the questions before the Office of the Comptroller of the Currency Case # 01394465 and Case # 770567 as requested of you on July 4, 2011!

 

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

 

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

 

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

 

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

 

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

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

 

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

 

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

 

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

 

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

 

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

 

The OCC has shown the 2007 breach of contract, in how Santa Barbara Bank & Trust, Pacific Capital Bancorp did not apply principal payments since the 2007 forbearance and workout agreement.  The OCC shows how Santa Barbara Bank & Trust, Pacific Capital Bancorp change their story from the July 16, 2008 OCC letter and the June 30, 2011 OCC letter.  The OCC shows that all deferred payments were met as stated 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 note that this is not seen in your two amortization schedules or your May 6th and May 19, 2011 letters!

 

Please see that the Santa Barbara Bank & Trust and  Pacific Capital Bancorp 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; are fully aware of your May 6, 2011 letter and your May 19, 2011 letter along with the PCB May 19, 2011 NOD and amortization schedules prepared by you!

 

All information is again turned over to the Office of the Comptroller of the Currency Case # 01394465 – Case # 770567 along with the FDIC and the California State Attorney General Kamala D. Harris. 

 

Sincerely

 

 

Bill Bookout

 

CC U.S. Small Business Administration

 

Attorney General Kamala D. Harris

California Department of Justice

P. O. Box 944255

Sacramento, Ca 94244-2550

·                                

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


From: Diana Lee [mailto:dlee@rppmh.com]
Sent: Friday, July 15, 2011 2:28 PM
To: Bill Bookout
Subject: RE: Bookout/PCB Mediation per thier Bank Fraud and Breach of Contract since 2007

 

Dear Mr. Bookout,

 

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

 

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

 

Diana Lee.

 


From: Bill Bookout [mailto:Pismobeachdiveshop@charter.net]
Sent: Friday, July 15, 2011 1:08 PM
To: Diana Lee
Cc: Customer.Assistance@occ.treas.gov; Carlos.Mendoza@sba.gov; 'Manalli, John A.'; sbcountyda@co.santa-barbara.ca.us; ombudsman@fdic.gov; sandiego@sba.gov; 'Ashker, Terrill K.'; Lcannon@dfi.ca.gov; 'Congresswoman Lois Capps'; legal@fdic.gov; rmiller@newtimesslo.com; barney@independent.com; dporter@dfi.ca.gov; lol@rsmediate.com; begelko@sfchronicle.com; Robert Forouzandeh
Subject: RE: Bookout/PCB Mediation per thier Bank Fraud and Breach of Contract since 2007

July 15, 2011    Office of the Comptroller of the Currency Case # 01394465 – Case # 770567

 

Diana Jessup Lee, Esq.

Reicker, Pfau, Pyle & McRoy LLP

1421 State Street, Suite B

Santa Barbara, CA  93101

 

The OCC has found your May 5, 2011 amortization schedules to be Fraud and a Breach of Contract in their June 30, 2011 letter.  The OCC shows a PCB July 2007, payments debt of $54,922.70 rather then your claimed amortization schedule debt of $67,455.66 as seen in your May 19, 2011 letter and NOD.  This full amount from the OCC findings is $452,672.54 rather then your debt of $465,195.50 per the amortization schedule prepared by yourself after mediation!

 

Please see that the Santa Barbara Bank & Trust and  Pacific Capital Bancorp 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; are fully aware of your May 6, 2011 letter and your May 19, 2011 letter along with the Fraud and Breach of Contract seen in the PCB May 19, 2011 NOD and amortization schedules prepared by you!

 

The OCC believes that the difficulty with SBBT and PCB lies in the April 27, 2011 mediation and feel that SBBT and PCB actions are subject to litigation. Again please see that all questions asked of Santa Barbara Bank & Trust, Pacific Capital Bancorp Board of Directors and yourself are answered!  The Office of the Comptroller of the Currency Case # 01394465 and Case # 770567 show Santa Barbara Bank & Trust, Pacific Capital Bancorp’s Fraud and Breach of Contract since 2007! 

 

Sincerely

 

 

Bill Bookout

 

CC U.S. Small Business Administration

 

Attorney General Kamala D. Harris

California Department of Justice

P. O. Box 944255

Sacramento, Ca 94244-2550

·                                

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

 


From: Bill Bookout [mailto:Pismobeachdiveshop@charter.net]
Sent: Thursday, July 14, 2011 8:47 AM
To: 'Customer.Assistance@occ.treas.gov'
Cc: 'sbcountyda@co.santa-barbara.ca.us'; 'ombudsman@fdic.gov'; 'sandiego@sba.gov'; 'Ashker, Terrill K.'; 'Lcannon@dfi.ca.gov'; 'Congresswoman Lois Capps'; 'legal@fdic.gov'; 'rmiller@newtimesslo.com'; 'barney@independent.com'; 'dporter@dfi.ca.gov'; 'Diana Lee'; 'lol@rsmediate.com'; 'begelko@sfchronicle.com'; 'LeSieur, Debbie'
Subject: RE: Bookout/PCB Mediation per thier Bank Fraud and Breach of Contract since 2007

 

July 14, 2011         Office of the Comptroller of the Currency Case # 01394465 – Case # 770567

 

John Walsh

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

 

Dear Office of the Comptroller of the Currency Case # 01394465 and Case # 770567

 

Re: Written Appeal July 12, 2011 attached below per the Office of the Comptroller of the Currency June 30, 2011 letter complaint against Santa Barbara Bank & Trust and Pacific Capital Bancorp. 

 

The FDIC believes that the Office of the Comptroller of the Currency is the proper agency to handle this Breach of Contract and Mortgage Modification Fraud committed by Santa Barbara Bank & Trust and Pacific Capital Bancorp. 

 

The SBBT 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 have hired Diana Jessup Lee to represent them in the handling of this Breach of Contract and Mortgage Modification Fraud committed by Santa Barbara Bank & Trust and Pacific Capital Bancorp.  The Office of the Comptroller of the Currency has uncovered this Breach of Contract and Mortgage Modification Fraud known to the SBBT and PCB Board of Directors.  See the OCC July 16, 2008 letter compared to the June 30, 2011 OCC letter.

 

Please see that Santa Barbara Bank & Trust and  Pacific Capital Bancorp explains to the OCC as to why they have filed an NOD on May 19, 2011 for 10 paid deferred payments of $45,171.20 from the 2007 forbearance and workout agreement that have already been paid per the Office of the Comptroller of the Currency accounting letter of June 30, 2011!  Are Santa Barbara Bank & Trust and Pacific Capital Bancorp’s actions consistent with banking statutes, regulations or any policies that are applicable to nationally chartered banking institutions?  Can Nationally chartered banking institutions legally commit this type of Fraud?

 

Sincerely

 

 

Bill Bookout

 

CC U.S. Small Business Administration

 

Attorney General Kamala D. Harris

California Department of Justice

P. O. Box 944255

Sacramento, Ca 94244-2550

·                                

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

 


From: FDIC STARSMail [mailto:StarsMail@FDIC.gov]
Sent: Thursday, July 14, 2011 6:33 AM
To: pismobeachdiveshop@charter.net
Subject: FDIC Reply [SCC2011F-001358-5]

 

July 14, 2011

Ref. No: SCC2011F-001358-5

Dear Mr. Bookout:

Thank you for your additional correspondence to the FDIC regarding your concerns with Pacific Capital Bank, National Association and Santa Barbara Bank & Trust, National Association.  The Office of the Comptroller of the Currency (OCC) is the primary federal regulator for both of these banks and the FDIC does not have jurisdiction over bank matters involving another banking regulator.  You should continue to work with the OCC regarding your concerns with these banks.  Provided below is contact information for the OCC for your reference: 

Office of the Comptroller of the Currency

        Customer Assistance Group

        1301 McKinney Street, Suite 3450

        Houston, Texas  77010

        Phone:  1-800-613-6743

        E-mail:  Customer.Assistance@occ.treas.gov

        Internet: www.helpwithmybank.gov

Future correspondence from you regarding these banks will be reviewed but may not be responded to unless information is provided that can be acted upon by the FDIC.  We trust this information is of assistance to you.

Sincerely,

Consumer Response Center

Federal Deposit Insurance Corporation

Division of Depositor and Consumer Protection

1100 Walnut Street, Box #11

Kansas City, MO  64106 

Fax number 703-812-1020

1-800-378-9581


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

 

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

 

John Walsh

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

 

Dear Office of the Comptroller of the Currency Case # 01394465

 

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

 

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

 

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

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

11)   In regards to the Mediation with Santa Barbara Bank & Trust and Pacific Capital Bancorp statement to the Office of the Comptroller of the Currency Case # 01394465.  “After the mediation was scheduled for April 7, 2011, the bank advised that you refused to attend unless demands for information were not met in advance.”  Please review these emails from Diana Jessup Lee and her threats on March 23, 2011 and March 25, 2011     “The bank also agreed to toll the running of time under your Notice of Default, all conditioned on you agreeing to cease all communications, except with me, regarding this dispute, including causing your webs sites and your You Tube site to go dark until the mediation.  You told me that you would not agree to cause your web sites to temporarily go dark pending the mediation.  Santa Barbara Bank & Trust has misinformed the Office of the Comptroller of the Currency Case # 01394465 as seen in this March 23, 2011 email The complete cessation of all postings was an important part of the bank's agreement to freeze the accrual of time under your Notice of Default, and if your web sites and You Tube postings are going continue, then there is no agreement to freeze the accrual of time under the Notice of Default. 

 


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

 

Dear Mr. Bookout,

 

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

 

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

 

Diana Lee.

 

Diana Jessup Lee, Esq.

Reicker, Pfau, Pyle & McRoy LLP

1421 State Street, Suite B

Santa Barbara, CA  93101

 

Tel:  805-966-2440

Fax:  805-966-3320

E-mail: dlee@rppmh.com

Website:  www.reickerpfau.com

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

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


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

 

Dear Mr. Bookout,

 

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

 

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

 

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

 

Sincerely,

 

Diana Lee.

Diana Jessup Lee, Esq.

Reicker, Pfau, Pyle & McRoy LLP

1421 State Street, Suite B

Santa Barbara, CA  93101

 

Tel:  805-966-2440

Fax:  805-966-3320

E-mail: dlee@rppmh.com

Website:  www.reickerpfau.com

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

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

 

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

 

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

 

The OCC States:  “As your difficulty with the bank was in mediation and is subject of litigation, it is inappropriate for the Office of the Comptroller of the Currency (OCC) to intervene in this case.”  The difficulty with Santa Barbara Bank & Trusts actions goes back to 2007 as also seen in the July 16, 2008 OCC letter. Santa Barbara Bank & Trust has now misinformed the OCC, which requires further review and answers by Santa Barbara Bank & Trust to myself and the OCC!

 

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

 

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

 

Sincerely

 

Bill Bookout

 

CC U.S. Small Business Administration

 

Attorney General Kamala D. Harris

California Department of Justice

P. O. Box 944255

Sacramento, Ca 94244-2550

·                                

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

 


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

 

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

 

John Walsh

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

 

Dear Mr. John Walsh of the OCC,

 

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

 

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

 

Sincerely

 

 

Bill Bookout

 


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

 

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

 

Diana Jessup Lee, Esq.

Reicker, Pfau, Pyle & McRoy LLP

1421 State Street, Suite B

Santa Barbara, CA  93101

 

Dear Mrs. Diana Jessup Lee,

 

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

 

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

 

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

 

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

 

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

 

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

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

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

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

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

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

 

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

 

Sincerely

 

 

Bill Bookout 


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

 

Dear Mr. Bookout:

 

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

 

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

 

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

 

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

 

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

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

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

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

 

Diana Jessup Lee, Esq.

Reicker, Pfau, Pyle & McRoy LLP

1421 State Street, Suite B

Santa Barbara, CA  93101

 

Tel:  805-966-2440

Fax:  805-966-3320

E-mail: dlee@rppmh.com

Website:  www.reickerpfau.com

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

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

 


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

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

 

Diana Jessup Lee, Esq.

Reicker, Pfau, Pyle & McRoy LLP

1421 State Street, Suite B

Santa Barbara, CA  93101

 

Dear Mrs. Diana Jessup Lee,

 

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

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

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

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

 

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

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

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

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

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

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

 

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

 

Sincerely

 

 

Bill Bookout 


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

 

Dear Mr. Bookout:

 

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

 

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

 

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

 

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

 

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

 

Diana Lee.

Diana Jessup Lee, Esq.

Reicker, Pfau, Pyle & McRoy LLP

1421 State Street, Suite B

Santa Barbara, CA  93101

 

Tel:  805-966-2440

Fax:  805-966-3320

E-mail: dlee@rppmh.com

Website:  www.reickerpfau.com

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

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

 


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

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

 

Diana Jessup Lee, Esq.

Reicker, Pfau, Pyle & McRoy LLP

1421 State Street, Suite B

Santa Barbara, CA  93101

 

Dear Mrs. Diana Jessup Lee,

 

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

 

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

 

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

 

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

 

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

 

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

 

Sincerely

 

Bill Bookout

 

CC  California State Bar

CC  California State Attorney General

 

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

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

Case # 1381216

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

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

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

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

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

 

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

 

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

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

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

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

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

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

 

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

 

“Deposit Required:

 

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

 

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

 

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

 

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

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

 

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

 

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

Sincerely

 

 

Bill Bookout

Pismo Beach Surf Shop

Pismo Beach Dive Shop

 


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

 

Dear Mr. Bookout:

 

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

 

Diana Jessup Lee, Esq.

Reicker, Pfau, Pyle & McRoy LLP

1421 State Street, Suite B

Santa Barbara, CA  93101

 

Tel:  805-966-2440

Fax:  805-966-3320

E-mail: dlee@rppmh.com

Website:  www.reickerpfau.com

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

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

 


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

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

 

Diana Jessup Lee, Esq.

Reicker, Pfau, Pyle & McRoy LLP

1421 State Street, Suite B

Santa Barbara, CA  93101

 

Dear Mrs. Diana Jessup Lee,

 

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

 

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

 

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

 

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

 

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

 

Sincerely

 

Bill Bookout

 

CC Santa Barbara News Press

CC San Luis Obispo New Times


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

 

Dear Mr. Bookout,

 

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

 

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

 

Diana Lee

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


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

 

 

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

 

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

Pacific Capital Bancorp                            --200 E Carrillo St Ste 202

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

Santa Barbara, CA 93101                 

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

 

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

 

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

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

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

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

 

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

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

 

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

 

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

 

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

 

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

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

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

 

Dear Mr. Bookout,

 

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

 

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

 

Diana Lee

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

 

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

 

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

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

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

 

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

 

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

 

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

 

Sincerely

 

Bill Bookout

 

CC

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

1301 McKinney Street, Suite 3450,

Houston, Texas 77010-9050

 

Attorney General Kamala D. Harris

California Department of Justice

P. O. Box 944255

Sacramento, Ca 94244-2550

·                                

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

 


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

 

Mr. Bookout:

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

UNPAID PAYMENTS

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

Jan-Dec 2010                                            $49,452.72

                                  Total:                                $87,253.81

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

Appraisal Fees                                          $4,050.00

Legal Fees                                              $50.00

UCC Search Fees                                         $15.50

                Amount shown on NOD                             $96,228.27     

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

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

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

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

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

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

Toll Free:     877.272.3734
Mobile:        619.823.7375

Fax:            877.227.0150
email:         
glazar@foxjohns.com

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



Date

Description

Category

Debit

Credit

Balance

7/18/2011

Automatic

 

$206.05

 

$390,996.91

6/23/2011

Legal Fee

 

$25.00

 

$390,996.91

6/16/2011

Automatic

 

$206.05

 

$390,996.91

5/24/2011

Legal Fee

 

$575.00

 

$390,996.91

5/16/2011

Automatic

 

$206.05

 

$390,996.91

4/18/2011

Automatic

 

$206.05

 

$390,996.91

4/8/2011

EFF 03/23/2011 Legal Fee Inv #30117

 

$2,150.00

 

$390,996.91

3/16/2011

Automatic

 

$206.05

 

$390,996.91

3/9/2011

Foreclose Fee-470 Price St

 

$1,490.24

 

$390,996.91

3/9/2011

Foreclose Fee - 1141 Paso Robles St

 

$948.00

 

$390,996.91

2/24/2011

Legal Fee Inv 29941 dated 2/9/11

 

$2,408.00

 

$390,996.91

2/16/2011

Automatic

 

$206.05

 

$390,996.91

2/1/2011

Legal Fee Inv#29816 Dtd 1/10/11

 

$2,218.71

 

$390,996.91

1/18/2011

Automatic

 

$206.05

 

$390,996.91

12/16/2010

Automatic

 

$206.05

 

$390,996.91

11/16/2010

Automatic

 

$206.05

 

$390,996.91

10/18/2010

Automatic

 

$206.05

 

$390,996.91

9/17/2010

Collateral Ecaluation Fee

 

$900.00

 

$390,996.91

9/17/2010

Appraisal Fee

 

$2,800.00

 

$390,996.91

9/16/2010

Automatic

 

$206.05

 

$390,996.91

8/16/2010

Automatic

 

$206.05

 

$390,996.91

7/16/2010

Automatic

 

$206.05

 

$390,996.91

7/15/2010

SFR Appraisal Fee

 

$350.00

 

$390,996.91

6/16/2010

Automatic

 

$206.05

 

$390,996.91

6/3/2010

UCC Search Fee

 

$15.50

 

$390,996.91

5/17/2010

Automatic

 

$206.05

 

$390,996.91

4/16/2010

Automatic

 

$206.05

 

$390,996.91

3/16/2010

Automatic

 

$206.05

 

$390,996.91

3/8/2010

Legal Fee

 

$50.00

 

$390,996.91

2/16/2010

Automatic

 

$206.05

 

$390,996.91

1/19/2010

Automatic

 

$206.05

 

$390,996.91

12/31/2009

Regular Payment

 

 

$4,121.06

$390,996.91

12/16/2009

Automatic

 

$206.05

 

$392,024.73

11/13/2009

Late Charge Payment

 

 

$0.94

$392,024.73

11/13/2009

Regular Payment

 

 

$4,121.06

$392,024.73

10/5/2009

Regular Payment

 

 

$4,121.06

$393,622.29

10/5/2009

Late Charge Payment

 

 

$78.94

$395,532.71

9/1/2009

Regular Payment

 

 

$4,121.06

$395,532.71

9/1/2009

Late Charge Payment

 

 

$78.94

$395,686.06

7/2/2009

Late Charge Payment

 

 

$78.94

$395,686.06

7/2/2009

Regular Payment

 

 

$4,121.06

$395,686.06

6/30/2009

Regular Payment

 

 

$4,121.06

$399,675.72

6/30/2009

Late Charge Payment

 

 

$78.94

$402,473.58

6/10/2009

Regular Payment

 

 

$4,121.06

$402,473.58

 

 

 

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