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.
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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
“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 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--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.”
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| PHOTO BY STEVE E. MILLER |
