California Supreme Court per our Constitution-Causation-Withholding of Evidence  


From: Bill Bookout [mailto:Pismobeachdiveshop@charter.net]
Sent: Tuesday, January 10, 2012 9:50 AM
To: 'sbcountyda@co.santa-barbara.ca.us'; 'Diana Lee'
Cc: 'lol@rsmediate.com'; 'Robert Forouzandeh'; 'terrencehetherington@sba.gov'; 'Ashker, Terrill K.'; 'Karen Grant'; 'ajsantana@co.slo.ca.us'; 'avw@newspress.com'; 'bhalter@ksby.com'; 'Blackburn@calcoastnews.com'; 'bcuddy@thetribunenews.com'; 'cj.ward@keyt.com'; 'dvallely@co.slo.ca.us'; 'velie@calcoastnews.com'; 'rmiller@newtimesslo.com'; 'crigley@newtimesslo.com'; 'Richard Rossi'; 'Senator.Blakeslee@senate.ca.gov'
Subject: RE: Bookout/PCB Mediation per Santa Barbara Bank & Trust Fraud and Breach of Contract since 2007

 

January 10, 2012

                                                                                                                                                                                          

California News Media

 

Should California Banks, be allowed to threaten their business loan customers with being sent to jail for asking banking questions of a California Bank?  Santa Barbara Bank & Trust has threatened Pismo Beach, business owner Bill Bookout of Plumerias Garden and Gifts/Pismo Beach Dive Shop and once Oceano Nursery for asking banking questions of Santa Barbara Bank & Trust!

 

Please review the Santa Barbara Bank & Trust January 9, 2011 email below from Robert B. Forouzandeh California State Bar # 247177, in regards to asking banking questions of Santa Barbara Bank & Trust.  The Santa Barbara Superior Court will not allow the questions asked below to be asked of Santa Barbara Bank & Trust and instead have designated Robert B. Forouzandeh California State Bar # 247177, and Diana Jessup Lee (California State Bar # 155191) to answer Santa Barbara Bank & Trust questions!  Neither, Diana Jessup Lee or Robert B. Forouzandeh are willing to answer the questions asked of SBBT in December 2011, January 5, 2012 and January 7, 2012!  The main questions are why would, Santa Barbara Bank & Trust fraudulently claim that they are owed $45,171.20 against their own communication with the Office of the Comptroller of the Currency!  Why would Santa Barbara Bank & Trust monthly over charge the Oceano Nursery SBA PLP loan since July 2007?  Why would Santa Barbara Bank & Trust refuse to provide a monthly (Payment Notice) and remove their online accounting for the Oceano Nursery SBA Loan?

 

The San Luis Obispo Cal Coast News is the first News media in California to allow the questions asked of Santa Barbara Bank & Trust to be made public and considers this topic to be a Hot Debate in their public comment section.  Santa Barbara Bank & Trust needs to answer the questions that are now seen on the Cal Coast News Public Comment Section.  Business owner Bill Bookout is not allowed to personally ask these questions of Santa Barbara Bank & Trust!

  1. inverse Condemnation says:

01/09/2012 at 6:38 am

Eighty years is not enough time for the loan fraud that has been done to County residents!

Now is the time to make an example of this type of fraud!

Santa Barbara Bank & Trust is currently trying to fraudently collect $45,171.20
From the Oceano Nursery SBA loan against December 20, 2011 SBA FOIA documents. It is time to expose all types of banking fraud and hold those people accountable!

Hot debate. What do you think? 29  7

Lol Sorensen is the Mediator who had mediated Santa Barbara Bank & Trust into providing two amortization schedules that have been found to be false.  Santa Barbara Bank & Trust after providing these two false amortization schedules then filed a restraining order for asking banking question of Santa Barbara Bank & Trust.  These two fraudulent amortization schedules and a May 19, 2011 SBBT letter from Diana Jessup Lee explain, Santa Barbara Bank & Trust fraudulent accounting and claim that SBBT is owed $45,171.20 against SBA loan communication with SBBT!

Robert B. Forouzandeh, in Santa Barbara Bank & Trusts threat of jail for asking banking questions has stated January 9, 2012:  “As you are fully aware, pursuant to the Restraining Order issued by the Santa Barbara Superior Court on June 27, 2011, you are not to contact anyone at Santa Barbara Bank and Trust other than Diana Jessup Lee and myself.  Failure to abide by the Restraining Order may result in the Court holding you in contempt and incarcerating you and/or imposing civil penalties and fines against you.”

 

Santa Barbara Bank & Trusts actions now need to be made public. Should California Banks, be allowed to threaten their business loan customers with being sent to Jail for asking banking questions of a California Bank?  Can California Banks, monthly overcharge their SBA loan customers?  The questions asked below on January 5 and 7, 2011 of Santa Barbara Bank & Trust need to be answered! 

 

Sincerely

 

Bill Bookout


From: Bill Bookout [mailto:Pismobeachdiveshop@charter.net]
Sent: Monday, January 09, 2012 12:38 PM
To: 'Robert Forouzandeh'
Cc: 'Mary Jo Barbeau'; 'cj.ward@keyt.com'; 'wmccaw@newspress.com'; 'velie@calcoastnews.com'; 'rmiller@newtimesslo.com'; 'Kaplan, Adam D.(Off. Inspector Gen.)'; 'kari.overson@sba.gov'; 'Babcock, Lisa J.'; 'ombudsman@sba.gov'; 'tcassidy@porterscott.com'; 'Thomas Cregger'; 'lol@rsmediate.com'; 'Richard Rossi'; Weber, Tad - SLO
Subject: RE: Bookout/PCB Mediation per Santa Barbara Bank & Trust Fraud and Breach of Contract since 2007

 

January 9, 2012            Office of the Comptroller of the Currency Re: Case# 01944977

                                   Attention John Walsh-----Sharon Gilstrap OCC complaint

 

Robert B. Forouzandeh California State Bar # 247177,

Attorney at Law

Reicker, Pfau, Pyle & McRoy LLP

1421 State Street, Suite B

Santa Barbara, CA  93101

Tel:  805-966-2440

 

Mr. Robert Forouzandeh, California State Bar # 247177,

 

Thank you, for your email response below from Santa Barbara Bank & Trust!  Please answer the questions that have been asked of Santa Barbara Bank & Trust since December 2011!

 

Please pay close attention to questions A-L Below and see that Santa Barbara Bank & Trust answers, these questions asked of Santa Barbara Bank & Trust.  The FOIA Documents received from the U.S. Small Business Administration on December 20, 2011 shows the $45,171.20 claimed by Santa Barbara Bank & Trust on the May 19, 2011 Notice of Default to be fraudulent!  Why would Santa Barbara Bank & Trust claim that they had not been paid deferred interest and principal against the letters written by Pacific Capital Bank to the Comptroller of the Currency?

 

Please explain your email statement on January 9, 2012. As you are fully aware, pursuant to the Restraining Order issued by the Santa Barbara Superior Court on June 27, 2011, you are not to contact anyone at Santa Barbara Bank and Trust other than Diana Jessup Lee and myself.  Failure to abide by the Restraining Order may result in the Court holding you in contempt and incarcerating you and/or imposing civil penalties and fines against you.”  As to why Santa Barbara Bank & Trust would file a restraining order for asking Oceano Nursery banking questions of Santa Barbara Bank & Trust?

 

Robert Forouzandeh, Would Santa Barbara Bank & Trust mind answering the questions asked below by the McClatchy New, San Luis Obispo New Times or the Cal Coast News per this statement by Santa Barbara Bank & Trust?  The questions you have posed go directly to Santa Barbara Bank and Trust's loan to you and its claim in your bankruptcy proceeding and thus, any and all questions pertaining to your loan with Santa Barbara Bank and Trust must be posed by your counsel.  

 

Robert Forouzandeh, Please remember that the SBA FOIA Documents that have been provided by the SBA on December 20, 2011 show the May 19, 2011 NOD claim of Oceano Nursery owing $45,417.20 to be fraudulent!  Please answer this questions as to why Santa Barbara Bank & Trust would claim that they are owed $45,171.20 to Judge Robin L. Riblet on October 28, 2011 in Santa Barbara Bank & Trusts (Proof of Claim)?

 

Sincerely

 

Bill Bookout

 

CC John Walsh Fax # 713 -336-4301 OCC complaint

CC Sharon Gilstrap Fax # 713 -336-4301 OCC complaint


From: Robert Forouzandeh [mailto:rforouzandeh@rppmh.com]
Sent: Monday, January 09, 2012 10:44 AM
To: Bill Bookout
Cc: Diana Lee; Mary Jo Barbeau; Richard Rossi
Subject: RE: Bookout/PCB Mediation per thier Bank Fraud and Breach of Contract since 2007

 

Mr. Bookout:

 

As you are fully aware, pursuant to the Restraining Order issued by the Santa Barbara Superior Court on June 27, 2011, you are not to contact anyone at Santa Barbara Bank and Trust other than Diana Jessup Lee and myself.  Failure to abide by the Restraining Order may result in the Court holding you in contempt and incarcerating you and/or imposing civil penalties and fines against you.

 

I have reviewed the 10 questions you posed below.  These are questions which you have previously asked on multiple occasions and which have been previously answered on multiple occasions by either Mrs. Lee or myself.

 

Additionally, as you are aware, you have initiated a new bankruptcy claim in the United States Bankruptcy Court in which you are represented by counsel.  The questions you have posed go directly to Santa Barbara Bank and Trust's loan to you and its claim in your bankruptcy proceeding and thus, any and all questions pertaining to your loan with Santa Barbara Bank and Trust must be posed by your counsel.

 

Robert B. Forouzandeh

Attorney at Law

Reicker, Pfau, Pyle & McRoy LLP

1421 State Street, Suite B

Santa Barbara, CA  93101

 

Tel:  805-966-2440

Fax:  805-966-3320

E-mail: rforouzandeh@rppmh.com

Website:  www.reickerpfau.com

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From: Bill Bookout [mailto:Pismobeachdiveshop@charter.net]
Sent: Saturday, January 07, 2012 4:55 PM
To: 'Diana Lee'; 'lol@rsmediate.com'
Cc: 'cj.ward@keyt.com'; 'wmccaw@newspress.com'; 'velie@calcoastnews.com'; 'rmiller@newtimesslo.com'; 'Kaplan, Adam D.(Off. Inspector Gen.)'; 'kari.overson@sba.gov'; 'Babcock, Lisa J.'; 'ombudsman@sba.gov'; 'tcassidy@porterscott.com'; 'Thomas Cregger'
Subject: RE: Bookout/PCB Mediation per thier Bank Fraud and Breach of Contract since 2007

 

January 7, 2012                 Office of the Comptroller of the Currency Complaint Re: Case# 01944977

                                                Attention Sharon Gilstrap Fax # 713 -336-4301 OCC complaint

 

Diana Jessup Lee, Esq.

Reicker, Pfau, Pyle & McRoy LLP

1421 State Street, Suite B

Santa Barbara, CA  93101

 

Diana Jessup Lee, (California State Bar # 155191)

 

When will Santa Barbara Bank & Trust be providing the January 2012 monthly payment notice?  This payment notice has not been received as stated and promised by Reicker, Pfau, Pyle & McRoy LLP’s Attorney Robert B. Forouzandeh, per SBA Form 147 Note in 2012.   Robert B. Forouzandeh, Stated to Richard Rossi on November 30, 2011:  Please be advised that pursuant to the terms of Mr. Bookout's loan, the loan will be re-amortized as of January 2012.  Due to Mr. Bookout's long running default on this loan, upon re-amortization, the monthly payments will change.  Once the loan is re-amortized, I will provide you with the new payment amount which will be applicable for the entire 2012 calendar year.”

 

A)      Can you explain as to why Santa Barbara Bank & Trust has removed the online accounting for this SBA loan per the Office of the Comptroller of the Currency’s June 30, 2011 accounting letter showing the May 19, 2011 Notice of Default to be fraudulent by Santa Barbara Bank & Trust?

B)      In the October 26, 2010 Demand Statement written by Sandra Sheffield.  Why if Santa Barbara Bank & Trust believes that they are owed $45,171.20 in deferred and defaulted payments is this not requested per this Demand?

C)      In the September 13, 2010 SBA Form 1149 that you and Santa Barbara Bank & Trust, Vice President Doug Lutz, presented at the April 27, 2011 Mediation with Lol Sorensen.  Why is the $45,171.20 in deferred and defaulted payments not seen in this document?

D)      In the June 3, 2008 Pacific Capital Bank Vice President Joe L. Kennedy SBA Program Manager, letter written to the Office of the Comptroller of the Currency Case No. 770567.  Why would Santa Barbara Bank & Trust now claim that they are owed $45,171.20?  SBBT in this letter had told the Office of the Comptroller of the Currency, that back interest was being paid!

E)      With the May 30, 2008 SBA Form 1149 provided by Pacific Capital Bank Vice President Joe L. Kennedy, SBA Program Manager.  Why does Santa Barbara Bank & Trust not pay anything to principal with the now claimed $45,171.20?

F)      In the July 2, 2008 Pacific Capital Bank Vice President Pierette Marie Mageo, letter written to the Office of the Comptroller of the Currency Case No. 770567.  Why would Santa Barbara Bank & Trust now claim that they are owed $45,171.20?  In the attached (Default Affidavit) by Sandra Sheffield, with this Pacific Capital Bank July 2, 2008 letter.  How did Santa Barbara Bank & Trust on May 19, 2011 come up with $45,171.20 that Santa Barbara Bank & Trust thought they were owed?

G)     In the September 30, 2008 letter written by Santa Barbara Bank & Trust Vice President, Sandra Sheffield to the U. S. Small Business Administration.  Why would Santa Barbara Bank & Trust claim on May 19, 2011 that Santa Barbara Bank & Trust was owed $45,171.20 in deferred and defaulted payments?

H)      In the April 18, 2008 Pacific Capital Bank Vice President Pierette Marie Mageo, letter written to the Office of the Comptroller of the Currency Case No. 770567.  Why would Santa Barbara Bank & Trust now claim that they are owed $45,171.20?  Pacific Capital Bank Vice President Pierette Marie Mageo, stated that interest was paid current up to October 2007 from her letter to the Office of the Comptroller of the Currency!

I)         Diana Jessup Lee.  Why would you in your May 19, 2011 letter, threaten a restraining order for asking Santa Barbara Bank & Trust Banking questions?

J)       Diana Jessup Lee.  Why would you in your May 19, 2011 letter, change the Santa Barbara Bank & Trust accounting to the Office of the Comptroller of the Currency in 2008 per OCC Case # 770567?

K)      Diana Jessup Lee. On December 24, 2011 Robert B. Forouzandeh, California (State Bar # 247177) Stated:   You are not to contact anyone at Santa Barbara Bank and Trust.  If you do so you will be in violation of the restraining order issued against you by the Santa Barbara Superior Court.”  Diana Jessup Lee, Please explain as why Santa Barbara Bank & Trust would file a restraining order for asking California Banking questions of Your two May 5, 2011 amortization schedules and Your May 19, 2011 Fraudulent accounting against the Office of the Comptroller of the Currency June 30, 2011 Case No. 01394465-- Santa Barbara Bank & Trusts accounting going back to 2007?

L)       Diana Jessup Lee.  (California State Bar # 155191) With the Santa Barbara Bank & Trust 2003 Deed of Trust, requirement to fight inverse condemnation.  Why has Santa Barbara Bank & Trust not paid the Oceano Nursery liens to the County of San Luis Obispo and Union Pacific Rail Road for this requirement as reinforced in the 2007 forbearance and workout agreement by Santa Barbara Bank & Trust?

 

Diana Jessup Lee.  Christine Sontag (California State Bar # 138999) of Santa Barbara Bank & Trust has put you in charge of answering, all Santa Barbara Bank & Trusts; banking questions, per the Oceano Nursery SBA Loan.  The Office of the Comptroller of the Currency has acknowledged your involvement in the Office of the Comptroller of the Currency’s June 30, 2011 letter.  Please explain as to why Santa Barbara Bank & Trust; in communication with the Office of the Comptroller of the Currency would apply past interest and then in your May 19, 2011 letter and SBBT Notice of Default claim that Santa Barbara Bank & Trust was owed $45,171.20 in deferred and defaulted payments, that had already been paid?

 

Diana Jessup Lee. (California State Bar # 155191) With your email statement below on January 3, 2012 as you state:  Your questions have been repeatedly answered.  Your accusations are inaccurate, and repeating them over and over is not productive.  Please see the many factual responses we have provided you which explain exactly the amount of your default, the amount due on your loan and where all your payments have been credited.” 

All questions asked above and below are of public record and need to be answered either by (Diana Jessup Lee) or Santa Barbara Bank & Trust.  Santa Barbara Bank & Trust has given you their, authority to answer their banking questions and it is now time that these California Banking questions are answered!

 

Sincerely

 

Bill Bookout

 

CC John Walsh Fax # 713 -336-4301 OCC complaint

CC Sharon Gilstrap Fax # 713 -336-4301 OCC complaint


From: Bill Bookout [mailto:Pismobeachdiveshop@charter.net]
Sent: Thursday, January 05, 2012 3:59 PM
To: 'Diana Lee'
Cc: 'Kaplan, Adam D.(Off. Inspector Gen.)'; 'kari.overson@sba.gov'; 'Ashker, Terrill K.'; 'cj.ward@keyt.com'; 'rmiller@newtimesslo.com'; 'velie@calcoastnews.com'; 'lol@rsmediate.com'; 'Mary Jo Barbeau'; 'Ashker, Terrill K.'; 'carlos.mendoza@sba.gov'; 'Hobby, Jill C.'; 'Karen Grant'; 'legal@fdic.gov'; 'sbcountyda@co.santa-barbara.ca.us'; 'ombudsman@sba.gov'; 'Richard Rossi'; 'Robert Forouzandeh'
Subject: RE: Bookout/PCB Mediation per thier Bank Fraud and Breach of Contract since 2007

 

January 5, 2012                 Office of the Comptroller of the Currency Complaint Re: Case# 01944977

                                                Attention Sharon Gilstrap Fax # 713 -336-4301 OCC complaint

 

Diana Jessup Lee, Esq.

Reicker, Pfau, Pyle & McRoy LLP

1421 State Street, Suite B

Santa Barbara, CA  93101

 

Diana Jessup Lee,

 

Per your Santa Barbara Bank & Trust statement on January 3, 2011   Your questions have been repeatedly answered.  Your accusations are inaccurate, and repeating them over and over is not productive.  Please see the many factual responses we have provided you which explain exactly the amount of your default, the amount due on your loan and where all your payments have been credited.”  

 

Attached above is the June 30, 2011 Office of the Comptroller of the Currency Case # 01394465 letter showing that the prior principal and interest payments of $54,922.70 in 2006 and 2007 had been paid back to Santa Barbara Bank & Trust!  Please explain as to why Santa Barbara Bank & Trust would file a fraudulent Notice of Default against the Office of the Comptroller of the Currency Case # 01394465 findings on June 30, 2011?

 

 

 

Please answer the following questions for John Walsh of the Office of the Comptroller of the Currency Case # 01394465, myself and those the San Luis Obispo New Times and Cal Coast News attached above?

 

1)       How did Santa Barbara Bank & Trust come up with $67,445.46 in your May 19, 2011 letter attached?

 

2)       Why would Santa Barbara Bank & Trust claim in the May 19, 2011 NOD, that SBBT was still owed $45,171.20 against the June 30, 2011 Office of the Comptroller of the Currency accounting from Santa Barbara Bank & Trust? The OCC shows that the unpaid interest on July 12, 2007 was $33,062.51 instead of the May 5, 2011 amortization schedule claimed amount!

 

3)       The June 30, 2011 Office of the Comptroller of the Currency letter shows that all prior interest accrued and unpaid through September 29, 2008 had been paid in full!  Can Santa Barbara Bank & Trust explain as to why in the October 28, 2011 (Proof of Claim) to Judge Robin L. Riblet as to why Santa Barbara Bank & Trust would claim $45,171.20 owed SBBT against the June 30, 2011 Office of the Comptroller of the Currency Case # 01394465 letter?

 

4)       The June 30, 2011 Office of the Comptroller of the Currency letter shows that Restraining order was filed on June 3, 2011 by Santa Barbara Bank & Trust.  Why would Santa Barbara Bank & Trust file a restraining order for asking Santa Barbara Bank & Trust for an accounting of the Oceano Nursery SBA Loan?

 

5)       In Santa Barbara Bank & Trusts May 19, 2011 accounting letter and threats of a restraining order letter combined!  Explain as to why and how the Office of the Comptroller of the Currency on June 30, 2011 comes up with different accounting, then the May 19, 2011 SBBT accounting per the two May 5, 2011 amortization schedules prepared by Santa Barbara Bank & Trust?  

 

6)       In the email from Robert B. Forouzandeh on September 7, 2011 in regards to the Office of the Comptroller of the Currency’s June 30, 2011 letter as stated by Robert B. Forouzandeh:  Furthermore, as we have repeatedly told you, the amortization schedules that we provided to you on May 6, 2011 were prepared by Santa Barbara Bank & Trust employees, not by any of the attorneys in this office, this office simply delivered them to you.  Thus, your claim that "Neither You [Robert Forouzandeh] nor Diana Jessup Lee are qualified to prepare Santa Barbara Bank & Trust amortization schedules" is simply incorrect.  Also, we provided you with 2 amortization schedules simply as a courtesy to you and to extend additional benefits in Schedule #2 to you which you were not entitled to as a gesture of good faith and in an effort to settle this matter. 

 

 Lastly, you have not provided any information or evidence which would lead Santa Barbara Bank & Trust to either rescind the most recent notice of default or to suspend the currently scheduled Trustee Sale from proceeding.”  Please explain as to why Santa Barbara Bank & Trust would change their accounting as explained by the Office of the Comptroller of the Currency in the June 30, 2011 response Case # 01394465?  Robert B. Forouzandeh, had reviewed the OCC June 30, 2011 letter as he shows below in his September 7, 2011 email showing that the 2006 and 2007 deferred payments had been made!

 

7)       Why would Santa Barbara Bank & Trust claim in the May 6, 2011 letter that 2007 deferred payments had not been paid in direct conflict with the Office of the Comptroller of the Currency’s June 30, 2011 letter and communication with Santa Barbara Bank & Trust?

 

8)       Why would Santa Barbara Bank & Trust in the May 6, 2011 letter claim that they were owed “in excess of $100,000).” Against the June 30, 2011 Office of the Comptroller of the Currency’s letter of $50,000.00?

 

9)       Why would Santa Barbara Bank & Trust not properly amortize the 2007 forbearance and workout agreements as seen in the two amortization schedules prepared by Santa Barbara Bank & Trust?  Please pay close attention to this email statement on September 7, 2011.  ““Furthermore, as we have repeatedly told you, the amortization schedules that we provided to you on May 6, 2011 were prepared by Santa Barbara Bank & Trust employees,”

 

10)   With the Office of the Comptroller of the Currency showing that $54,922.70 was the deferred amount in 2007 prior to the $22,274.46 being paid in the forbearance and workout agreement.  What should the Oceano Nursery monthly payment have been, if it had been properly amortized by Santa Barbara Bank & Trust?

 

The questions asked above now need to be answered by (Diana Jessup Lee) or Santa Barbara Bank & Trust with the documents that have been provided by the U. S. Small Business Administration on December 20, 2011.  

 

Sincerely

 

Bill Bookout

 

CC California State Attorney General

CC Office of the Comptroller of the Currency Re: Case # 01944977---01394465   Fax # 713 336-4301

CC United States Small Business Administration

CC Adam D. Kaplan Assistant Counsel to the Inspector General U.S. Small Business Administration

CC Kari A. Overson, Special Agent in Charge Western Regional Office U.S. Small Business Administration Office of Inspector General

 


From: Bill Bookout [mailto:Pismobeachdiveshop@charter.net]
Sent: Wednesday, January 04, 2012 4:57 PM
To: 'ombudsman@sba.gov'
Cc: 'legal@fdic.gov'
Subject: RE: Bookout/PCB Mediation per thier Bank Fraud and Breach of Contract since 2007

 

January 4, 2012

 

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

 

Office of the Comptroller of the Currency Complaint Re: Case # 01394465 Case # 01944977

 

Please see that the 10 questions asked below of Diana Jessup Lee are answered by Santa Barbara Bank & Trust per the June 30, 2011 Office of the Comptroller of the Currency letter!

 

Attached is the SBBT May 19, 2011 Accounting and Restraining Order Threat.

Attached is the OCC June 30, 2011 Letter showing SBBT Bank Records that are different, then claimed in the May 19, 2011 NOD.

Attached is the SBBT May 6, 2011 Letter.

 

Please explain as to why the May 19, 2011 letter from Diana Jessup Lee is different then the June 30, 2011 Office of the Comptroller of the Currency accounting?  How can Santa Barbara Bank & Trust claim they are owed $45,171.20 against the June 30, 2011 Office of the Comptroller of the Currency accounting?  Please see the SBBT September 7, 2011 email below in regards to the Office of the Comptroller of the Currency.

 

Sincerely

 

Bill Bookout


From: Bill Bookout [mailto:Pismobeachdiveshop@charter.net]
Sent: Wednesday, January 04, 2012 4:23 PM
To: 'Diana Lee'
Cc: 'Kaplan, Adam D.(Off. Inspector Gen.)'; 'kari.overson@sba.gov'; 'Ashker, Terrill K.'; 'cj.ward@keyt.com'; 'rmiller@newtimesslo.com'; 'velie@calcoastnews.com'; 'lol@rsmediate.com'; 'Mary Jo Barbeau'; 'Ashker, Terrill K.'; 'carlos.mendoza@sba.gov'; 'Hobby, Jill C.'; 'Karen Grant'; 'legal@fdic.gov'; 'sbcountyda@co.santa-barbara.ca.us'; 'ombudsman@sba.gov'; 'Richard Rossi'
Subject: RE: Bookout/PCB Mediation per thier Bank Fraud and Breach of Contract since 2007

 

January 4, 2012               Office of the Comptroller of the Currency Complaint Re: Case# 01944977

 

Diana Jessup Lee, Esq.

Reicker, Pfau, Pyle & McRoy LLP

1421 State Street, Suite B

Santa Barbara, CA  93101

 

Diana Jessup Lee,

 

Per your Santa Barbara Bank & Trust statement on January 3, 2011   Your questions have been repeatedly answered.  Your accusations are inaccurate, and repeating them over and over is not productive.  Please see the many factual responses we have provided you which explain exactly the amount of your default, the amount due on your loan and where all your payments have been credited.”  

 

Attached above is the June 30, 2011 Office of the Comptroller of the Currency Case # 01394465 letter showing that the prior principal and interest payments of $54,922.70 in 2006 and 2007 had been paid back to Santa Barbara Bank & Trust!  Please answer the following questions for myself and those attached above!

 

11)   How did Santa Barbara Bank & Trust come up with $67,445.46 in your May 19, 2011 letter attached?

 

12)   Why would Santa Barbara Bank & Trust claim in the May 19, 2011 NOD, that SBBT was still owed $45,171.20 against the June 30, 2011 Office of the Comptroller of the Currency accounting from Santa Barbara Bank & Trust? The OCC shows that the unpaid interest on July 12, 2007 was $33,062.51 instead of the May 5, 2011 amortization schedule claimed amount!

 

13)   The June 30, 2011 Office of the Comptroller of the Currency letter shows that all prior interest accrued and unpaid through September 29, 2008 had been paid in full!  Can Santa Barbara Bank & Trust explain as to why in the October 28, 2011 (Proof of Claim) to Judge Robin L. Riblet as to why Santa Barbara Bank & Trust would claim $45,171.20 owed SBBT against the June 30, 2011 Office of the Comptroller of the Currency Case # 01394465 letter?

 

14)   The June 30, 2011 Office of the Comptroller of the Currency letter shows that Restraining order was filed on June 3, 2011 by Santa Barbara Bank & Trust.  Why would Santa Barbara Bank & Trust file a restraining order for asking Santa Barbara Bank & Trust for an accounting of the Oceano Nursery SBA Loan?

 

15)   In Santa Barbara Bank & Trusts May 19, 2011 accounting letter and threats of a restraining order letter combined!  Explain as to why and how the Office of the Comptroller of the Currency on June 30, 2011 comes up with different accounting, then the May 19, 2011 SBBT accounting per the two May 5, 2011 amortization schedules prepared by Santa Barbara Bank & Trust?  

 

16)   In the email from Robert B. Forouzandeh on September 7, 2011 in regards to the Office of the Comptroller of the Currency’s June 30, 2011 letter as stated by Robert B. Forouzandeh:  Furthermore, as we have repeatedly told you, the amortization schedules that we provided to you on May 6, 2011 were prepared by Santa Barbara Bank & Trust employees, not by any of the attorneys in this office, this office simply delivered them to you.  Thus, your claim that "Neither You [Robert Forouzandeh] nor Diana Jessup Lee are qualified to prepare Santa Barbara Bank & Trust amortization schedules" is simply incorrect.  Also, we provided you with 2 amortization schedules simply as a courtesy to you and to extend additional benefits in Schedule #2 to you which you were not entitled to as a gesture of good faith and in an effort to settle this matter. 

 

 Lastly, you have not provided any information or evidence which would lead Santa Barbara Bank & Trust to either rescind the most recent notice of default or to suspend the currently scheduled Trustee Sale from proceeding.”  Please explain as to why Santa Barbara Bank & Trust would change their accounting as explained by the Office of the Comptroller of the Currency in the June 30, 2011 response Case # 01394465?  Robert B. Forouzandeh, had reviewed the OCC June 30, 2011 letter as he shows below in his September 7, 2011 email showing that the 2006 and 2007 deferred payments had been made!

 

17)   Why would Santa Barbara Bank & Trust claim in the May 6, 2011 letter that 2007 deferred payments had not been paid in direct conflict with the Office of the Comptroller of the Currency’s June 30, 2011 letter and communication with Santa Barbara Bank & Trust?

 

18)   Why would Santa Barbara Bank & Trust in the May 6, 2011 letter claim that they were owed “in excess of $100,000).” Against the June 30, 2011 Office of the Comptroller of the Currency’s letter of $50,000.00?

 

19)   Why would Santa Barbara Bank & Trust not properly amortize the 2007 forbearance and workout agreements as seen in the two amortization schedules prepared by Santa Barbara Bank & Trust?  Please pay close attention to this email statement on September 7, 2011.  ““Furthermore, as we have repeatedly told you, the amortization schedules that we provided to you on May 6, 2011 were prepared by Santa Barbara Bank & Trust employees,”

 

20)   With the Office of the Comptroller of the Currency showing that $54,922.70 was the deferred amount in 2007 prior to the $22,274.46 being paid in the forbearance and workout agreement.  What should the Oceano Nursery monthly payment have been, if it had been properly amortized by Santa Barbara Bank & Trust?

 

The questions asked above now need to be answered by (Diana Jessup Lee) or Santa Barbara Bank & Trust with the documents that have been provided by the U. S. Small Business Administration on December 20, 2011.  

 

Sincerely

 

Bill Bookout

 

CC California State Attorney General

CC Office of the Comptroller of the Currency Re: Case # 01944977---01394465

CC United States Small Business Administration

CC Adam D. Kaplan Assistant Counsel to the Inspector General U.S. Small Business Administration

CC Kari A. Overson, Special Agent in Charge Western Regional Office U.S. Small Business Administration Office of Inspector General

 


From: Bill Bookout [mailto:Pismobeachdiveshop@charter.net]
Sent: Tuesday, January 03, 2012 12:15 PM
To: 'Diana Lee'
Cc: 'Kaplan, Adam D.(Off. Inspector Gen.)'; 'kari.overson@sba.gov'; 'Ashker, Terrill K.'; 'cj.ward@keyt.com'; 'rmiller@newtimesslo.com'; 'velie@calcoastnews.com'; 'lol@rsmediate.com'; 'Mary Jo Barbeau'; 'Ashker, Terrill K.'; 'carlos.mendoza@sba.gov'; 'Hobby, Jill C.'; 'Karen Grant'; 'legal@fdic.gov'; 'sbcountyda@co.santa-barbara.ca.us'; 'ombudsman@sba.gov'
Subject: RE: Bookout/PCB Mediation per thier Bank Fraud and Breach of Contract since 2007

 

January 3, 2012               Office of the Comptroller of the Currency Complaint Re: Case# 01944977

 

Diana Jessup Lee, Esq.

Reicker, Pfau, Pyle & McRoy LLP

1421 State Street, Suite B

Santa Barbara, CA  93101

 

Diana Jessup Lee,

 

Please answer the questions asked below of Mr. Robert Forouzandeh, California State Bar # 247177.  Please note that the United States Small Business Administration on December 20, 2011 have provided Santa Barbara Bank & Trust documents showing your statement on January 3, 2012 to be false!  You have stated for Santa Barbara Bank & Trust:  Your questions have been repeatedly answered.  Your accusations are inaccurate, and repeating them over and over is not productive.  Please see the many factual responses we have provided you which explain exactly the amount of your default, the amount due on your loan and where all your payments have been credited.”  

 

Diana Jessup Lee, Please provide to the Office of the Comptroller of the Currency Complaint Re: Case# 01944977 Any and All documents that you claim dispute the facts below, previously presented to the Comptroller of the Currency!

 

The United States Small Business Administration September 30, 2008 letter from Santa Barbara Bank & Trust Vice President Sandra Sheffield shows that all 2006/2007 back interest had been paid against your January 3, 2012 Santa Barbara Bank & Trust statement!

 

The United States Small Business Administration, Pacific Capital Bank, letter to the Comptroller of the Currency dated April 18, 2008 written by Vice President Pierettee Marie Mageo, shows that all 2006/2007 interest was being paid back in 2008 against your January 3, 2012 Santa Barbara Bank & Trust statement!

 

The United States Small Business Administration, Pacific Capital Bank, letter to the Comptroller of the Currency dated June 3, 2008 written by Santa Barbara Bank & Trust Vice President Joe L. Kennedy, shows that all 2006/2007 interest was being paid back in 2008 against your January 3, 2012 Santa Barbara Bank & Trust statement!

 

The United States Small Business Administration, Pacific Capital Bank, May 30, 2008 SBA Form 1149 document provided to the Comptroller of the Currency by Santa Barbara Bank & Trust Vice President Joe L. Kennedy, shows that all 2006/2007 interest was being paid back in 2008 against your January 3, 2012 Santa Barbara Bank & Trust statement!

 

The United States Small Business Administration, Pacific Capital Bank, letter to the Comptroller of the Currency dated July 2, 2008 written by Vice President Pierettee Marie Mageo, shows that Santa Barbara Bank & Trusts May 19, 2011 Notice of Default is fraudulent against your January 3, 2012 Santa Barbara Bank & Trust statement!  Please review the (Default Affidavit) compared to the two Santa Barbara Bank & Trust May 5, 2011 amortization schedules and the May 19, 2011 Notice of Default, per your May 19, 2011 threatening and intimidating letter!  Santa Barbara Bank & Trust, Vice President Pierettee Marie Mageo, shows that Santa Barbara Bank & Trust was not owed $45,171.20 per the May 19, 2011 Notice of Default in her letters to the Comptroller of the Currency Case # 770567!

 

Diana Jessup Lee, Please see that Santa Barbara Bank & Trust again provides monthly payment notices and restores the online banking!  Santa Barbara Bank & Trust, Vice President Pierettee Marie Mageo 2008 letters will explain the now fraudulent actions by Santa Barbara Bank & Trust per your January 3, 2012 email!

 

Diana Jessup Lee, It is now time for Santa Barbara Bank & Trust to answer the questions asked of Santa Barbara Bank & Trust with the documents provided by the United States Small Business Administration on December 20, 2011!  Why would Santa Barbara Bank & Trust falsify the October 28, 2011 (Proof of Claim) to Santa Barbara, Bankruptcy Judge, Robin L. Riblet)?   

 

Sincerely

 

Bill Bookout

 

CC California State Attorney General

CC Office of the Comptroller of the Currency Re: Case # 01944977

CC United States Small Business Administration

CC Adam D. Kaplan Assistant Counsel to the Inspector General U.S. Small Business Administration

CC Kari A. Overson, Special Agent in Charge Western Regional Office U.S. Small Business Administration Office of Inspector General


From: Diana Lee [mailto:dlee@rppmh.com]
Sent: Tuesday, January 03, 2012 9:14 AM
To: Bill Bookout
Cc: Robert Forouzandeh
Subject: RE: Bookout/PCB Mediation per thier Bank Fraud and Breach of Contract since 2007

 

Mr. Bookout,

 

Your questions have been repeatedly answered.  Your accusations are inaccurate, and repeating them over and over is not productive.  Please see the many factual responses we have provided you which explain exactly the amount of your default, the amount due on your loan and where all your payments have been credited.

 

Diana Jessup Lee, Esq.

Reicker, Pfau, Pyle & McRoy LLP

1421 State Street, Suite B

Santa Barbara, CA  93101

 

Tel:  805-966-2440

Fax:  805-966-3320

E-mail: dlee@rppmh.com

Website:  www.reickerpfau.com

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