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

SBA Loan # 6641964009

 

From: Salamone, Frank [mailto:Frank.Salamone@occ.treas.gov]
Sent: Wednesday, March 28, 2018 7:43 AM
To: Bill Bookout
Subject: RE: [EXTERNAL]RE: Unon Banks IRS Fraud and Grand Theft per Union Banks May 15, 2017 Loan Transaction History against the 2012 IRS 1099-A Accounting Loan # 100983501 filed with the IRS by Union Bank as paid in Full.

 

Thank you for your message.  I am out of the office on extended leave.  For urgent matters, please contact the main Enforcement & Compliance line at 202-649-6200.

 

From: Bill Bookout [mailto:pismobeachdiveshop@charter.net]
Sent:
Tuesday, March 27, 2018 5:41 PM
To:
Salamone, Frank <Frank.Salamone@occ.treas.gov>; Dailey, Grace <Grace.Dailey@occ.treas.gov>; karen.salamone@occ.treas.gov; Bland, Toney <Toney.Bland@occ.treas.gov>; Morgan, Morris <Morris.Morgan@occ.treas.gov>; England, Jacqueline <Jacqueline.England@occ.treas.gov>
Cc:
dbark@firstam.com; dawn.golik@sba.gov; 'Bill Bookout' <Pismobeachdiveshop@charter.net>; kirot@firstam.com; ddow@co.slo.ca.us; jmiller@pismobeach.org; edobroth@co.slo.ca.us; swolcott@co.slo.ca.us; ssingleton@pismobeach.org; sandiego@sba.gov; fresno@sba.gov; ombudsman@sba.gov; ombudsman@fdic.gov; loanresolution@sba.gov; ogis@nara.gov
Subject: [EXTERNAL]RE: Unon Banks IRS Fraud and Grand Theft per Union Banks May 15, 2017 Loan Transaction History against the 2012 IRS 1099-A Accounting Loan # 100983501 filed with the IRS by Union Bank as paid in Full.

 

CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

 

March 27, 2018

 

Office of the Comptroller of the Currency Administrator of National Banks-Complaint response letter dated March 23, 2018 Case #03158203

ATT: Frank Salamone—News and Commentary website www.officeofthecomptrollerofthecurrency.com

ATT: Karen Salamone—Grace Dailey—Toney Bland—Morris Morgan

400 7th st SW Suite 9E-11

Washington DC 20219

1-202-649-6200

Fax # 1-713-336-4301

 

RE: OCC response letter dated March 23, 2018 Case #03158203 MUFG Union Bank, National Association

 

Union Banks Attorney Robert B. Forouzandeh in his November 2, 2017 CFPB Response letter, Case # 170906-2409066; 171024-2591529 has admitted to changing the Office of the Comptroller of the Currency Administrator of National Banks June 30th 2011 accounting, Case # 01394465 and July 16th 2008 accounting Case # 770567 in his November 2, 2017 letter from his two falsified May 5th 2011 amortization schedules, created by his law firm against what was reported to the OCC as seen in the June 30th 2011 OCC accounting, Case # 01394465.  This was not previously reported to the OCC and William A. Bookout!  Why would the Office of the Comptroller of the Currency Administrator of National Banks Allow Union Bank and its Attorneys to change its OCC June 30th 2011 accounting, Case # 01394465 and July 16th 2008 letter accounting to the OCC as stated by Union Banks Attorney Robert B. Forouzandeh in his November 2, 2017 letter “I stated that Union Bank had previously provided you with an amortization schedule for your loan that was generated after Union Bank rescinded your Forbearance Agreement?  Union Bank has not amended these fraudulent changes with the OCC, IRS or the SBA and this will now have to become a National News story.

 

1)      Office of the Comptroller of the Currency Administrator of National Banks:  Why has the OCC allowed Union Bank to charge $57,676.17 in Attorney fees for its attorneys communication with the OCC on case ## 01394465, per the Union Banks Office of the Presidents October 24, 2016 OCC Case # 03097098 Letter?  The Bankruptcy Court never approved this claimed $57,676.17 Pre-Petition Attorney fees claimed by Union Banks Office of the President.  I am asking for an itemized accounting of Union Banks $57,676.17 in Attorney Fees per filing OCC Case # 01394465 and July 16th 2008 accounting Case # 770567 that Union Bank has changed per its May 15th 2017 Loan Transaction History again provided to the OCC!  In the October 2017 SBA FOIA documents; Union Bank does not show this $57,676.17 of SBA Loaned money taken to pay its Attorney Fees per the OCC June 30th 2011 accounting, Case # 01394465

 

2)      Office of the Comptroller of the Currency Administrator of National Banks:  Attached is Union Banks May 15th 2017 Loan Transaction History showing Union Bank changing the OCC June 30th 2011 accounting, Case # 01394465 against Union Bank August 29th 2011 SBA Form 1149 Loan Transaction History, that it had reported to the IRS!  Why has the OCC allowed Union Bank to change this accounting initially reported to the OCC?

 

3)      Office of the Comptroller of the Currency Administrator of National Banks:  With Union Banks November 2, 2017 CFPB Response statement: ““I stated that Union Bank had previously provided you with an amortization schedule for your loan that was generated after Union Bank rescinded your Forbearance Agreement?  ”Why has the OCC allowed Union Bank to change its June 30th 2011 accounting, Case # 01394465 and July 16th 2008 accounting, Case # 770567 letters from the OCC with two May 5th 2011 amortization schedule accounting created by Union Banks Attorneys per Union Banks November 2, 2017 CFPB response letter 170906-2409066; 171024-2591529 and Union Banks Office of the Presidents October 24, 2016 OCC Case # 03097098 Letter?  I am asking for a Union Bank itemized accounting from the OCC and not what Union Banks Office of the President writes, per its October 24th 2016 letter!

 

4)      Office of the Comptroller of the Currency Administrator of National Banks:  Attached is Union Banks August 29th 2011 SBA Form 1149 Loan Transaction History that Union Bank claims in its October 24th 2016 Office of the Presidents letter to changing against what was reported to the OCC Case # 01394465, IRS and William A. Bookout.  How is this legal with the OCC?

 

5)      Office of the Comptroller of the Currency Administrator of National Banks:  Attached is the Union Bank only 2012 IRS 1099-A never filed with the IRS showing Loan # 100983501 as paid in full as backed up in the July 20th 2016 IRS accounting attached.  The OCC is asked as to how Union Bank could falsify a different IRS 1099-A on February 11th 2014 that it never provided to the IRS per Union Banks now claimed May 15th 2017 Loan Transaction History?

 

6)      Office of the Comptroller of the Currency Administrator of National Banks:  Why has the OCC allowed Union Bank to change its June 30th 2011 accounting, Case # 01394465 and July 16th 2008 accounting, Case # 770567 as now seen in Union Banks May 15th 2017 Loan Transaction History created from Union Banks Attorneys?

 

7)       Office of the Comptroller of the Currency Administrator of National Banks:  Why has the OCC allowed Union Bank to add $45,171.20 onto my SBA Loan with its claimed Forbearance Agreement Rescission prior to the June 30th 2011 OCC accounting, Case # 01394465 with Union Banks multiple books accounting created by its Attorneys as now admitted in Union Banks November 2, 2017 CFPB letter?

 

8)      Office of the Comptroller of the Currency Administrator of National Banks:  Why has the OCC allowed Union Bank to have multiple sets of books against the OCC June 30th 2011 accounting, Case # 01394465 that Union Banks claims in its October 24th 2016 Office of the Presidents OCC Case # 03097098 letter to have done a Rescission prior?

 

9)      Office of the Comptroller of the Currency Administrator of National Banks:  Why has the OCC allowed Union Bank to have multiple sets of books against the OCC June 30th 2011 accounting, Case # 01394465 which was consistent with Union Banks September 23rd 2011 Payment Notice, and November 7th 2011 online accounting that, Union Banks October 24th 2016 Office of the Presidents letter now claims was not accurate as Union Bank had done a rescission Prior?

 

10)  Office of the Comptroller of the Currency Administrator of National Banks:  Why has the OCC allowed Union Bank to do a Rescission as claimed in Union Banks Attorneys November 2, 2017 letter back to 2007 and never change its 2007- 2010 IRS 1098 accounting attached?

 

11)  Office of the Comptroller of the Currency Administrator of National Banks:  Attached is Union Banks June 28th 2012 email showing Loan # 6641964009 as paid in full.  What does Union Bank have to say about this document?

 

12)  Office of the Comptroller of the Currency Administrator of National Banks:  Attached is a November 22, 2011 email from the SBA to Union Banks showing Union Banks Grand Theft since 2007 on SBA Loan # 6641964009 as Union Bank had not applied its 2007 Forbearance Agreement payments properly.  What does Union Bank have to say about this document received in a October 2017 SBA FOIA Request as Union Bank now claims to have changed this accounting in it May 15th 2017 Loan Transaction History?

 

13)  Office of the Comptroller of the Currency Administrator of National Banks:  Attached is a October 26, 2011 SBA Memorandum from the SBA to the SBA showing Union Banks Grand Theft since 2007 on Loan # 6641964009 as Union Bank had not applied its Forbearance Agreement payments properly as seen in # 4.  What does Union Bank have to say about this document received in a October 2017 SBA FOIA Request as Union Bank now claims to have changed this accounting in it May 15th 2017 Loan Transaction History prior to its OCC June 30th 2011 accounting, Case # 01394465?

 

14)  Office of the Comptroller of the Currency Administrator of National Banks:  Attached is Union Banks June 18th 2007 and May 1, 2008 Online accounting that Union Bank now claims to have changed in its May 15th 2017 Loan Transaction History.  Why would the OCC allow Union Bank to commit this type of Grand Theft and IRS Fraud?

 

15)  Office of the Comptroller of the Currency Administrator of National Banks:  What is the Date that Union Bank claims to have done a rescission, per Union Banks November 2, 2017 letter from its Attorney?  Union Bank needs to be fully held accountable!

 

Office of the Comptroller of the Currency Administrator of National Banks.  Union Banks actions are and will be a National News Story as seen at the News and Commentary website www.officeofthecomptrollerofthecurrency.com  I am asking the OCC to obtain the answers to the questions asked above of the OCC.  I am making an OCC FOIA Request for any and all Communication the OCC has had with Union Bank regarding SBA Loan # 6641964009 Loan # 100983501 and Loan # 0883917535 with Union Bank changing its accounting to the OCC prior to the June 30th 2011 OCC Accounting Letter Case # 01394465 and now Case # 03158203.

 

Office of the Comptroller of the Currency Administrator of National Banks Frank Salamone—Karen Salamone—Grace Dailey—Toney Bland—Morris Morgan:   Union Banks, David Z. Bark, ESQ., Foreclosure Trustee, First American Title Insurance Company has been provided a falsified accounting by Union Bank per the questions asked of the OCC above.  I ask that each of you hold Union Bank accountable for its OCC, IRS and SBA Grand Theft and Fraud fully known to the OCC!  Please review the March 12, 2018 email below to Jake Miller, Pismo Beach Chief of Police, San Luis Obispo District Attorney Dan Dow/Assistant District Attorney  Eric J. Dobroth,

 

Sincerely

 

William A. Bookout

 

CC Comptroller of the Currency ---Jacqueline England FOIA Request

CC Comptroller of the Currency Frank Salamone—Karen Salamone—Grace Dailey—Toney Bland—Morris Morgan



The U.S. Small Business Administration Loan

 

Agreement for Oceano Nursery states in my Deed Of Trust with First Bank Of San Luis Obispo and the SBA that I am required on Page 4 of this Deed Of Trust to Fight Inverse Condemnation of my property!

 
US Small Business Administration Loan # 6641964009 US Small Business Administration Loan # 6641964009

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.”
Pacific Capital Bank---SBA Loan # 6641964009 Inverse CondemnationPacific Capital Bank---SBA Loan # 6641964009 Inverse Condemnation

Recent E-Mail Communication with the SBA in regards to no longer being able to use the Oceano Nursery property due to Inverse Condemnation/the flooding caused by Caltrans, County of San Luis Obispo, Oceano Community Service District and Union Pacific Railroad.  Caltrans as seen in this YOUTUBE video continues to shovel debris into the Oceano Communities Storm Water drainage channel! 
California Supreme Court--Inverse Condemnation
California Supreme Court--Steve Price Caltrans District 5-Inverse Condemnation  Caltrans Steve Price, deputy district director for area operations and maintenance talks about the fix of the flooding of State Highway 1 would ...

It should be noted that there was no problems with my SBA Loan on October 22, 2009! 

From: Mendoza, Carlos G. [mailto:Carlos.Mendoza@sba.gov]
Sent: Wednesday, May 26, 2010 3:23 PM
To: Bill Bookout
Cc: Ashker, Terrill K.; Mendoza, Carlos G.
Subject: FW:

 

Mr. Bookout:  As previously stated back in October 22, 2009, you must work with your lender for all servicing issues.   Your lender should and must be your primary contact in these matters especially when your SBA loan is  now delinquent and requires immediate attention. 

 

Sincerely,

 

Carlos G. Mendoza

SBA, Fresno

 

Reference:  SBA loan # 6641964009

 

From: Bill Bookout [mailto:Pismobeachdiveshop@charter.net]
Sent: Tuesday, May 25, 2010 4:17 PM
To: 'SANDRA SHEFFIELD'
Cc: Mendoza, Carlos G.; Truly, Ronald E.; SBA National Ombudsman; 'Ombudsman Washington'; legal@fdic.gov
Subject: RE:

 

May 25, 2010

 

Hello, Mrs. Sheffield, SBA Carlos Mendoza and Ronald Truly

 

As I am required with my SBA loan # 6641964009 to fight Inverse Condemnation; I am trying to keep Pacific Capital Bank and the SBA aware of why Oceano Nursery is still flooding and can no longer be used.  The SBA is aware of illegal actions by Heritage Oaks Bank that have previously affected this SBA loan.

 

I would appreciate it if each, of you could acknowledge your receipt of this e-mail and your knowledge of the web-site www.oceanonursery.com

 

Would the SBA or Pacific Capital Bank/First Bank of San Luis Obispo be willing to take this property back in lieu of foreclosure per the March 2, 2010 demand letter from Pacific Capital Bank?  The Pacific Capital Bank July 2, 2007 Appraisal file # 10885 of this property showed an Appraisal value of $530,000.00.  We have since had over 20 floods of this property due to Caltrans, County Of San Luis Obispo, Oceano Community Service District and Union Pacific Railroad not correcting the problems they have created as seen at www.oceanonursery.com

 

Sincerely

 

Bill Bookout

SBA loan # 664194009


 San Luis Obispo New Times Article--2010

Washed away

BY COLIN RIGLEY

Bill Bookout is a man consumed by the legal battles he’s waged. In May 2006, he sued Caltrans, San Luis Obispo County, Union Pacific Railroad, the Pismo Oceano Vegetable Exchange, and the Oceano Community Services District, all with the perhaps naïve hope that someone would clean out a drainage channel bordering Highway 1 in Oceano and stop the flooding that plagues the area every year where his nursery is located.

Bookout’s obsession with his lawsuit and a compulsory finger-pointing at Caltrans crews, whom he’s photographed and videotaped shoveling debris into a drainage channel, has cost him hundreds of thousands of dollars in legal fees. He shut down his business in early 2008 and laid off 12 employees. Now, 10 years after he opened the Oceano Nursery, he’s probably going to lose it to foreclosure.

On a brisk and windy day, Bookout eagerly clomped through the drainage channel leading to a drainage pipe that clogs every year and floods the highway and surrounding businesses.He grabbed a clump of waist-high weeds in the channel.

“Now no one wants to maintain the channel,”
he said.

Bookout argues that Caltrans is responsible for maintaining the drainage channel, but crews regularly clog it with debris. He argued this in court, but lost, and now has $200,000 in liens on his various businesses, he said. He’s filed an appeal, but that hasn’t gone to court yet.

“The source of the water is coming from outside of state property—the highway—so our position is that a solution to this flooding rests outside our jurisdiction,” said Jim Shivers, Caltrans public information officer.

Bookout has coated the walls of the nursery, both inside and outside, with pictures of the flooding and Caltrans crews, links to his blog and YouTube pages, and government letters. He’s left the fading paint on water-damaged buildings and scattered piles of junk. In essence, he’s created a massive advertisement for his lawsuit and the flood damage.

Bookout kept making monthly payments on his loan until January, he said. With the debt from his lawsuit, Bookout is now in too much financial trouble to refinance or get a new loan. On March 2, his lender notified him he would have to shell out about $400,000, the remainder of his loan, by March 8 or face foreclosure. He didn’t make the payment and fully expects to lose the business.

Over the past year, it’s flooded 13 times, he said, and in the next big storm it will probably flood again until someone takes responsibility for the drainage channel.

Supervisor Katcho Achadjian hopes that the ongoing case will finally identify a responsible party to take care of the flooding.

“My hopes are that whatever comes out of that lawsuit will point the finger to someone,” Achadjian said.

Bookout said he plans to keep fighting all the way to the Supreme Court. And it’s a fight he seems to see as something much more than flooding or drainage channels: “There’s gonna be a lot of things said in the future about me.”


CLOGGED
After fighting multiple government agencies for five years over historical flooding in Oceano, Oceano Nursery owner Bill Bookout is facing foreclosure.
PHOTO BY STEVE E. MILLER

 

 

 

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