Santa Barbara Bank & Trust---Breach of Contract and Mortgage Modification Fraud since 2003--SBBT Notice of Default January 14, 2011 and May 19, 2011 knowing of mistakes made by Pacific Capital Bancorp! Santa Barbara Bank & Trust Theft of Principa pdf l per the Diana Jessup Lee's two May 5, 2011 Amortizations Schedules in the May 19, 2011 NOD! SBA FOIA Request pdf of Santa Barbara Bank & Trust actions! 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. Pacific Capital Bank---Breach of Contract and Mortgage Modification Fraud since 2007--PCB Notice of Default January 14, 2011 and May 19, 2011 knowing mistakes made by Pacific Capital Bank! Santa Barbara Bank & Trust refusal to mediate complaint and provide an amortization schedule for a 2007 loan modification! Santa Barbara Bank And Trust Mediation... Mr. Bookout: It is not impossible to communicate with me. I have responded promptly by FedEx or mail to all of your communications directed to me. However, as I have advised you several times, your communications to Pacific Capital Bank should be directed to me and not directed, or copied, to others at the Bank. Until such time as you comply with this request, I will not be responding substantively to your requests for information. In addition, since you have presented most, if not all, of your questions to a regulatory agency, a response is being prepared to that agency, as is appropriate. Once you agree to the above, I will forward you a transcript of your account. However, because of the holidays, communications in the next week may be intermittent. George C. Lazar
The U.S. Small Business Administration is fully aware of the pdf file above showing the SBA Fraud Committed by Santa Barbara Bank & Trust/FBSLO in 2003 to present.
In the PDF below are the SBA loan documents changed by Santa Barbra Bank & Trust/FBSLO in 2003 and a restraining order issued by the Santa Barbara Superior Court on June 6, 2011 for asking questions of Santa Barbara Bank & Trust per their SBA loan accounting May 6, 2011 and May 19, 2011 by Diana Jessup Lee. California residents help is needed in bringing this to the National News Medias attention! Christine Sontag Restraining Order and 2003 SBA Loan Fraud pdf...
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...
Pacific Capital Bank since May 11, 2007 has broken Loan modification promises that has affected my businesses (Oceano Nursery) (Plumerias Garden and Gifts and Pismo Beach Dive Shop) I am now asking for the publics help in immediately seeing that Pacific Capital Bank starts in resolving these issues since May 11, 2007 as seen at www.pacificcapitalbancorp.co -- www.sbaquestions.net -- www.occquestions.com
www.pacificcapitalbankquestions.com -and www.fdicquestions.com ----SF Gate
The public can help by asking questions of Pacific Capital Bank through the News Media, ABC News, CBS News, NBC News, Fox News, the Office of the Comptroller of the Currency Case # 01394465 and the SBA! Carlos.Mendoza@sba.gov San Francisco Chronicle Bob Egelko at begelko@sfchronicle.com New Times crigley@newtimesslo.com Cal Coast News velie@calcoastnews.com San Luis Obispo Tribune sduerr@thetribunenews.com Santa Maria Times Press Recorder eslater@timespressrecorder.com This is a news story that begins in 2004 with Inverse Condemnation, that now needs to be known!
Pacific Capital Bank in 2007 knowing of flooding problems and an Inverse Condemnation Lawsuit required in my First Bank of San Luis Obispo Oceano Nursery SBA loan to Fight Inverse Condemnation! Pacific Capital Bank then broke a May 15, 2007 agreement after recieving a loan payment May 11, 2007. Pacific Capital Bank/Sandra Sheffield then took foreclosure actions on May 17, 2007 costing Oceano Nursery $34,334.24 business working capital and Oceano Nursery to close!
After signing a Pacific Capital Bank new loan modification June 28, 2007, Pacific Capital Bank immediatly broke this signed modification agreement by not properly amortizing my SBA loan and charging Attorney fees against the 2007 loan modification! Pacific Capital Bank when questioned stated August 1, 2007 “The proper Bank officials will look into the computerized records and determine if there are any problems.” Pacific Capital Bank has had 3 years with no corrections!
Pacific Capital Bank had stated prior on July 23, 2007 after questioning payments made in July 2007: "With regard to the payment of July 12th, it was not immediately applied against the outstanding obligation because the Bank's commputer system was being adjusted based upon the forbearance Agreement that was executed; it should be applied by now." Pacific Capital Bank to date has ignored the loan modification and (SBA form 147 Note) requiring PCB to reamortize this SBA loan yearly! Pacific Capital Bank has been unable to account for their Attorney fees and how they have Amortized my SBA loan in 2007 in their favor, as seen below in communication with Pacific Capital Bank!
When asking Pacific Capital Bancorp for an accounting of my SBA Loan Modification since 2007 and after filing a Complaint with the Comptroller of the Currency Administrator of National Banks Case # 01394465! Pacific Capital Bancorp has stated through their Attorney George C. Lazar!
December 14, 2010 "Also, I noted in your communication 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."
December 15, 2010 " This letter is to notify you that under the terms of the Agreement, Pacific Capital Bank hereby elects to terminate the Agreement. In addition, pursuant to Section 3(b) of the Agreement, demand is hereby made that no later than fifteen (15) business days from the date of this letter, you pay to Pacific Capital Bank $96,228.27, which represents the difference between the amount owing on the Note from July 6, 2007 through the date of this letter less the amounts paid under the Agreement."
December 16, 2010 "As requested by you, I reviewed the questions asked of Mr. Mendoza as posted on your website and note that these questions appear to be similar to those incorporated into your OCC complaint. As discussed previously , until the OCC resolves that complaint, the OCC remains the forum you have chosen to resolve the outstanding disputes and the one the Bank will respond in, if a response is requested."
December 21, 2010 "Until your communications, such as the request for an amortization table, are directed soly to me, you can anticipate that no response of any kind will be forthcoming. Pacific Capital has the right to designate to whom you should communicate and it intends to rely on that right.
December 22, 2010 " Mr. Sheffield has forwarded to me certain emails sent by you to her on December 20, 2010 and December 21, 2010. In those emails you requested an amortization schedule and also ask for responseses to certain questions."
"To reiterate, I am your sole point of contact, and as long as you persist in ignoring this fact, you should not expect a response. Please do not further communicate with Mrs. Sheffield on matters raised in your emails noted above, or on any other matter."
December 23, 2010
From: George C. Lazar [mailto:GLazar@foxjohns.com]
Sent: Thursday, December 23, 2010 3:16 PM
To: Bill Bookout
Cc: Carol.Zepke@pcbancorp.com; Debbie.Whiteley@pcbancorp.com; Debra.stevens@pcbancorp.com; D.VernonHorton@pacificcapitalbank.com; CarlB.Webb@pacificcapitalbank.com; GordonJ.Wahlgren@pacificcapitalbank.com; GeorgeS.Leis@pacificcapitalbank.com; consumer@dfi.ca.gov; ombudsman@sba.gov; ombudsman@fdic.gov; Carlos.Mendoza@sba.gov; GeraldJ.Ford@pcbancorp.com
Subject: RE:
FOX JOHNS LAZAR PEKIN & WEXLER, APC
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".)
January 4, 2011 "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.
George C. Lazar
FOX JOHNS LAZAR PEKIN & WEXLER, APC"
January 10, 2011 “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.”
January 12, 2011 "Mr. Bookout: As you have been advised a number of times, I am your sole point of contact for purposes of communications with Pacific Capital Bank. Until such time as you acknowledge this decision by the Bank, and stop sending emails to various employees, the only response will be that which is required by law. With regard to any requests for comment on matters you have place on the Internet, or in your written materials, Pacific Capital Bank will not respond to those requests. Silence is not to be deemed agreement that your materials are accurate. As I indicated previously, if you have a proposal to work out the default on your loan, please direct it to me.
George C. Lazar
FOX JOHNS LAZAR PEKIN & WEXLER, APC"
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, among other things. Should the loan be put in a performing status, we could address amortization schedule issues at that time.”
January 25, 2011 “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.”
February 2, 2011 “Pacific Capital Bank is no longer lending under the SBA program. As a result, a refinance from Pacific Capital is not something that could be done, although another lender might be in a position to make the proposed loan.”
February 12, 2011 "Mr. Bookout: It should be unnecessary, but once again I will reiterate that Pacific Capital Bank’s failure to respond to any of your demands for a response within a certain time frame is not admission of the validity of any claim you make. And, to the extent that you assert a failure to respond as being an admission on the part of Pacific Capital Bank, any such assertion would be a false statement knowingly made by you.
George C. Lazar
FOX JOHNS LAZAR PEKIN & WEXLER, APC"
February 23, 2011 "Mr. Bookout: Your call to the SBA Office of Pacific Capital Bank this morning is improper. As you have been advised, I am the sole point of contact for any authorized discussions with you regarding your loan and any related matters. Your refusal to abide by the Bank’s wishes with regard to communications is very troubling. Please respect the Bank’s desire to have all communications directed through me.
George C. Lazar
FOX JOHNS LAZAR PEKIN & WEXLER, APC"
May 12, 2008 “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.”
July 23, 2008"As to the fee bills, we know of no basis upon which you can request copies. In addition, the fee bills contain confidential material. If you would like a summary of the work done prepared, that can be done. However, the Bank will require a deposit against the estimated costs before I proceed." Very truly yours, George C. Lazar FOX JOHNS LAZAR PEKIN & WEXLER APC" From: Bill Bookout [mailto:Pismobeachdiveshop@charter.net] FDIC Consumer Response Center Please review the questions asked of Pacific Capital Bank, Mr. Mark K. Olson and Mr. Nightingale, after Pacific Capital Banks Attorney, Diana Lees June 3, 2011 email Stating: “The questions you ask are answered with full explanations in my letters to you dated May 6 and 19, 2011.” Please see that the FIDC and the SBA sees that Pacific Capital Bank answers the questions asked of Pacific Capital Bancorp below! From: Bill Bookout [mailto:Pismobeachdiveshop@charter.net] 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 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] 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 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! Pacific Capital Bank instead of working with my flooding (Inverse Condemnation) problems in 2007 deciding to renege on a signed contract of May 15, 2007 two days later on May 17, 2007 as seen in this PDF file! “Proceedings. New California Case Law in regards to loan modification as reported by the San Francisco Chronicle "Banks Can’t Lie on Loan Modification Promises E-mail Bob Egelko at begelko@sfchronicle.com." SF Gate." ------------------------------------------------------------------------------------------ From: Bill Bookout [mailto:Pismobeachdiveshop@charter.net] February 7, 2011 Office of the Comptroller of the Currency Case # 01394465 Office of the Comptroller of the Currency Case # 01394465 1301 McKinney Street, Suite 3450 Houston, Texas 77010-9050 Fax # 713-336-4301 Re: Office of the Comptroller of the Currency Case # 01394465 Pacific Capital Bank Retaliatory Actions after filing a complaint with the Office of the Comptroller of the Currency! Pacific Capital Banks December 14, 2010 letter and Trustee Sale No: 11-00125-5DL Dear Office of the Comptroller of the Currency Pacific Capital Bank has refused to provide an amortization schedule for this SBA Loan; I have done a little more research and on June 23, 2007 Pacific Capital Bank provided a payment notice with a debt balance of $474,298.51 up to July 6, 2007. This debt was paid down on July 2, 2007 by $22,274.46 leaving a balance of $452, 024.05 that Pacific Capital Bank was to amortize 171 payments at 6%. From an Amortization Schedule this should have been a payment of $3,938.80 instead of Pacific Capital Banks payment amount of $4,121.00 as stated owed by Pacific Capital Bank on December 15, 2010! Mr. George C. Lazar claim of late fees to be accurate, shows Pacific Capital Banks fraud and breach of contract! Principal: $452024.05 Interest Rate: 6% Loan Term: 171 months Number of Payments: 171 Monthly Payment: $3,938.80 Total Principal Paid: $452,024.05 Total Interest Paid: $221,510.19 Total Paid: $673,534.24 Pacific Capital Bank in their December 15, 2010 letter after filing the Office of the Comptroller of the Currency Case # 01394465; ignored the SBA form 147 Note that states “Lender must adjust the payment at least annually as needed to amortize principal over the remaining term of the note.” This means with my extra principal payments in 2007 of $2,236.82 should have lowered my monthly payment. In 2008 the extra principal payments of $1,556.61 should have lowered the monthly principal payment. In 2009 the extra principal paid of $236.82 should have lowered the monthly principal payment even more per the SBA form 147! This breach of contract results in $4,030.25 dollars that PCB had not taken into account on December 15, 2010 which should have lowered my January 1, 2010 payment down to $3,898.90 per month showing a difference of $221.00 a month being overcharged by Pacific Capital Bank in 2010! This is a Breach of Contract by Pacific Capital Bank! Pacific Capital Bank in their August 1, 2007 letter attached, had the chance to correct their mistakes, per their written response in 2007! This means that Pacific Capital Bank has purposely been overcharging my SBA loan by $182.26 dollars a month! And then in 2010 $221.00 a month! Plus, charging improper attorney fees in 2007 of $2,471.45 which was a breach of contract with the 2007 forbearance and workout agreement prepared by Pacific Capital Bank. Pacific Capital Banks January 14, 2011 Trustee Sale No: 11-00125-5DL is Pacific Capital Bank; bank fraud per their itemization of delinquency presented to Fidelity National Title Company and recorded on January 14, 2011. This improper action by Pacific Capital Bank continues to harm my businesses! Please note that Pacific Capital Bank has stated in regards to their reasons for not wanting to provide an Amortization Schedule after filing my Office of the Comptroller of the Currency Case # 01394465: December 30, 2010 (In the event that you do agree to this request, please let me know exactly what you mean by an "amortization schedule".) January 4, 2011 (An amortization schedule is not information the Bank is required to provide you.) January 10, 2011 “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.” 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, among other things. Should the loan be put in a performing status, we could address amortization schedule issues at that time.” January 25, 2011 “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.” February 2, 2011 “Pacific Capital Bank is no longer lending under the SBA program. As a result, a refinance from Pacific Capital is not something that could be done, although another lender might be in a position to make the proposed loan.” May 12, 2008 “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 attached First Bank of San Luis Obispo payment notice June 23, 2007. July 17, 2007 online accounting by First Bank of San Luis Obispo and First Bank of San Luis Obispo July 24, 2007 payment notice. August 1, 2007 Pacific Capital Bank letter and the December 14, 15, 2010 letters from Pacific Capital Bank after asking questions of Pacific Capital Bank and the Office of the Comptroller of the Currency complaint--Case # 01394465 and their January 25, 2011 email I am again asking for the Office of the Comptroller of the Currency help in resolving these problems with Pacific Capital Bank dating back to the 2007 forbearance and workout agreement breached by Pacific Capital Bank and their retaliation since filing this OCC complaint in December 2010. Please see the PCB May 12, 2008 email quote above! Sincerely Bill Bookout Oceano Nursery-----Pismo Beach Dive Shop------Plumerias Garden and Gifts
July 28, 2008 "Dear Mr. Bookout: In response to your request for Pacific Capital Bank’s payment to you of the sum of $6,815.12 plus interest, this letter is to state that the Bank has determined that it will not make the payment.
In addition, this letter will advise you that although the attorney’s fees incurred in responding to the OCC complaint(s) were not charged against your outstanding loan, all other attorney’s fees incurred will, to the extent allowed under the applicable loan documents, be charged against the loan. The Bank reserves the right to demand immediate payment of the amounts owing or to add the amounts, together with interest if allowed, to any payoff demand.
The public can help by asking questions of Pacific Capital Bank through the News Media, Office of the Comptroller of the Currency Case # 01394465 and the SBA! Carlos.Mendoza@sba.gov E-mail Bob Egelko at begelko@sfchronicle.com SF Gate. New Times crigley@newtimesslo.com Cal Coast News velie@calcoastnews.com San Luis Obispo Tribune sduerr@thetribunenews.com Santa Maria Times Press Recorder eslater@timespressrecorder.com This is a news story that begins in 2004 with Inverse Condemnation, that now needs to be known!
Sent: Friday, June 03, 2011 6:00 PM
To: 'ombudsman@fdic.gov'
Cc: 'ombudsman@sba.gov'; 'legal@fdic.gov'; 'Lcannon@dfi.ca.gov'; 'Linda.Coakley@sba.gov'; 'dporter@dfi.ca.gov'; 'christopher.mckeehan@sba.gov'; 'Ruben.Garcia@sba.gov'; 'grady.hedgespeth@sba.gov'; 'Anthony.Vigil@sba.gov'; 'Diana Lee'; 'rnightingale@dbntm.com'; 'jmackall@seedmackall.com'; 'Ashker, Terrill K.'; 'maria.hughes@sba.gov'; 'bonnie.valentine@sba.gov'; 'kathleen.moran@sba.gov'; 'ming.yee@sba.gov'; 'rosa.rodarte@sba.gov'; 'richard.blum@sba.gov'; 'juliane.talley@sba.gov'; 'cynthia.harris@sba.gov'; 'richard.jenkins@sba.gov'; 'dcastan@sba.gov'; 'rachel.baranick@sba.gov'; 'patrick.rodriguez@sba.gov'; 'melende.ward@sba.gov'; 'gary.marshall@sba.gov'; 'answerdesk@sba.gov'; 'robert.borden@sba.gov'; 'leanne.ryner@sba.gov'; 'gayoeb.mardon@sba.gov'; 'peter.estrada@sba.gov'; 'lori.lesher@sba.gov'; 'melende.ward@sba.gov'; 'lupe.cota@sba.gov'; 'cheryl.lawrence@sba.gov'; 'paul.smith@sba.gov'; 'john.manalli@sba.gov'; 'eric.ravelli@sba.gov'; 'jill.andrews@sba.gov'; 'douglas.dare@sba.gov'; 'sylvia.gutierrez@sba.gov'; 'karen.burgess@sba.gov'; 'gloria.gomez@sba.gov'; 'sandra.diaz@sba.gov'; 'molly.muro@sba.gov'; 'dace.pavlovskis@sba.gov'; 'antonio.mangohig@sba.gov'; 'susan.chang@sba.gov'; 'rachel.baranick@sba.gov'; 'stephen.leung@sba.gov'; 'ruben.garcia@sba.gov'; 'adalberto.quijada@sba.gov'
Subject: RE: Bookout/PCB Mediation per thier Bank Fraud and Breach of Contract since 2007
2345 Grand Boulevard, Suite 100
Kansas City, MO 64108
877-275-3342
703-812-1020 (Fax number)
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
1021 Anacapa St --(805) 963-1837
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
1100 Walnut Street, Box #11
Kansas City, MO 64106
US Small Business Administration Loan # 6641964009
"The Following Provisions relating to eminent domain and inverse condemnation proceeding are part of this Deed of Trust.”
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.”
Chief Justice Tani Cantil-Sakauye and Associate Justice Ming W. Chin This video photos show Caltrans Grading and Shoveling debris into this California storm water drainage channel! As seen at www.governorjerrybrown.net
Please, view these PDF documents U.S. Small Business Administration SBA Complaint pdf... showing PCB reneging on a signed loan modification contract and overcharging a SBA loan monthly payment!
Attached is SBA Form 147 Note---That Pacific Capital Bank has ignored in signed contracts, affecting a California Small Business! SBA Form 147 Note.pdf This SBA form 147 should have never been ignored by Pacific Capital Bank since 2007 as Pacific Capital Bank Believes (An amortization schedule is not information the Bank is required to provide you.)
SBA Form Form 147 SBA Form 147 Note.pdf is viewed as questions asked of the SBA in regards to Pacific Capital Bank not properly amortizing a SBA loan from 2007, affecting a California Small Business! SBA Form 147.pdf
Pacific Capital Bank Breach of Contract--Pacific Capital Bancorp Amortization Schedule pdf... It is unfortunate that Pacific Capital Bank would not properly amortize the SBA Loan for Oceano Nursery. The public's help is now needed as Pacific Capital Bank has now improperly filed a notice of default January 14, 2010. Please help in contacting California News Media and asking them to cover this story!
Please review this PDF file to see what happened to Oceano Nursery in 2007 from Pacific Capital Banks actions! SBA Loan Questions documents for Terrill K. Ashker Anthony Virgil and Linda Coakley--SBA to review pdf...
Pacific Capital Bankcorp Gerad J. Ford Financial Fund PDF...
Office of the Comptroller of the Currency, Please review this Pacific Capital Bancorp Attorney's response to questions asked and then the questions asked below of Pacific Capital Bancorp! C35_Ltr2BookoutRECommunications_pdf...
OCC January 5, 2011-- OCC Confirms Questions asked of Pacific Capital Bancorp PDF... Office of the Comptroller of the Currency and the SBA--Please Review Communication in this PDF file of questions asked of Pacific Capital Bank! U.S. Small Business Administration SBA Complaint pdf...
Pacific Capital Complaint to the Office of the Comptroller of the Currency after Pacific Capital Bank refusing to answer questions asked of Pacific Capital Bank! Review the email from Pacific Capital Bank below in regards to "Pacific Capital Bank is no longer lending under the SBA program."
Sent: Monday, February 07, 2011 10:31 AM
To: 'HelpWithMyBank.faq'
Cc: 'ombudsman@sba.gov'; 'ombudsman@fdic.gov'; 'Carlos.Mendoza@sba.gov'; 'sandiego@sba.gov'; 'sandra.sheffield@pacificcapitalbank.com'; 'information@hilltop-holdings.com'; 'Sharon Iannone'; 'legal@fdic.gov'; 'Lcannon@dfi.ca.gov'; 'dporter@dfi.ca.gov'
Subject: RE: SBA Bank Fraud------Office of the Comptroller of the Currency Case # 01394465 Pacific Capital Bank Retaliatory Actions! Trustee Sale No: 11-00125-5DL
Loan Summary
Payment Summary
