Second Appellate Court--Bookout v. Union Bank 

MUFG Union Bank

Cal Coast News Karen Velie, San Luis Obispo Tribune and the San Luis Obispo New Times.  This is Union Banks June 27, 2013 email talked about and argued before the Second Appellate Court.  Please review this September 14, 2016 Appellate Court Hearing tape showing Union Bank having two sets of books!  Should Union Banks customers know about Union Banks accounting? 
Second_Appellate_Court-Union_Bank__TWo_Loan_Accounting.wma
8.2 MB



From:
Robert Forouzandeh [mailto:rforouzandeh@rppmh.com]
Sent: Thursday, June 27, 2013 3:04 PM
To: Bill Bookout
Cc: Chris Gautschi (
sanschromo@yahoo.com); RichardRossi [richard@rossilegal.com] (richard@rossilegal.com)
Subject: RE: In re William Arthur Bookout USBC Cen. Dist.CA.CaseNo.9:11-bk-15818

 

Mr. Bookout:

 

As you requested, I am providing you with a complete transaction history of your loan current as of June 25, 2013.  As we have repeatedly told you, when you defaulted on the Forbearance Agreement it was rescinded and your loan was recalculated as though none of the benefits in the Forbearance Agreement had ever been provided.  As a result, this current history may vary from statements and other documents you may have received in the past which were calculated using the terms of the Forbearance Agreement.  Additionally, this document will not match the amortization schedules which were previously provided to you, because as I have repeatedly told you, amortization schedules set forth the schedule of future payments on a loan if the terms of the loan are adhered to i.e. they are forward looking.  Amortization schedules do not take into account missed payments, late payments, fees incurred etc.

 

Furthermore, as you will see, Union Bank, and its predecessors, although never obligated to do so, have waived $14,984.80 in various fees over the course of your loan which discredits your baseless claims of impropriety with regards to the handling of the loan. 

 

 

Robert B. Forouzandeh

Attorney at Law

Reicker, Pfau, Pyle & McRoy LLP

1421 State Street, Suite B

Santa Barbara, CA  93101

 

Tel:  805-966-2440805-966-2440

Fax:  805-966-3320

E-mail: rforouzandeh@rppmh.com

Website:  www.reickerpfau.com

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

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

 

 

 

From: Bill Bookout [mailto:pismobeachdiveshop@charter.net]
Sent: Wednesday, June 26, 2013 4:53 PM
To: Robert Forouzandeh; Diana Lee
Cc:
richard@rossilegal.com; 'Chris Gautschi'; ptrujillo@ch13wla.com; da, sbcounty; da, sbcounty; sandiego@sba.gov; ombudsman@fdic.gov; ombudsman@sba.gov; pbrinks@cappellonoel.com
Subject: RE: Union Banks SBA Loan Fraud and refusal to provide a Loan Transaction History

 

June 26, 2013

 

Mr. Robert Forouzandeh and Diana Jessup Lee

 

Immediately provide a Current Union Bank-SBA-(Loan Transaction History) to myself and those attached above including the Santa Barbara Superior Court!  Union Bank has provided in Union Banks Exhibit (B) A August 29, 2011 (Loan Transaction History)  A September 13, 2010 (Loan Transaction History) A November 4, 2011(Loan Transaction History) in Union Bank Exhibit J online Loan accounting  and a December 31, 2007 IRS 1098Form accounting (Loan History Statement!

 

Robert Forouzandeh and Diana Jessup Lee,  Please immediately provide a full itemized accounting of the $57,676.17 in Attorney Fees charged per Union Banks Exhibit B to the Santa Barbara Superior Court!  Please break down the Attorney fees charged during Bankruptcy and what these fees were for along with the Attorney Fees charged in SBB&T’s Civil Harassment action in 2011!

 

Sincerely

 

Bill Bookout

 

CC  Santa Barbara Superior Court

CC Denise Motter, Santa Barbara Superior Court

 

From: Robert Forouzandeh [mailto:rforouzandeh@rppmh.com]
Sent: Wednesday, June 26, 2013 4:28 PM
To: Bill Bookout
Cc: Richard Rossi [richard@rossilegal.com] (
richard@rossilegal.com); Chris Gautschi (sanschromo@yahoo.com)
Subject: RE: In re William Arthur Bookout USBC Cen. Dist. CA.CaseNo.9:11-bk-15818

 

Mr. Bookout:

 

Union Bank does not have a current SBA Form 1149 for your loan because it is not required to maintain one.  Union Bank does have a payment history for your loan.  Would you like me to forward you a copy of that?

 

 

Robert B. Forouzandeh

Attorney at Law

Reicker, Pfau, Pyle & McRoy LLP

1421 State Street, Suite B

Santa Barbara, CA  93101

 

Tel:  805-966-2440805-966-2440

Fax:  805-966-3320

E-mail: rforouzandeh@rppmh.com

Website:  www.reickerpfau.com

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

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

 

 

From: Bill Bookout [mailto:pismobeachdiveshop@charter.net]
Sent: Wednesday, June 26, 2013 4:05 PM
To: Robert Forouzandeh
Cc:
richard@rossilegal.com; 'Chris Gautschi'; ptrujillo@ch13wla.com; da, sbcounty; da, sbcounty; sandiego@sba.gov; ombudsman@fdic.gov; ombudsman@sba.gov
Subject: RE: In re William Arthur Bookout USBC Cen. Dist. CA. CaseNo.9:11-bk-15818

 

June 26, 2013

 

Mr. Robert Forouzandeh and Diana Jessup Lee

 

Again a (Loan Transaction History) is a SBA Form 1149 as seen in Union Banks Exhibit B to the Santa Barbara Superior Court.  I am again requesting a current (Loan Transaction History for the July 9, 2013 hearing in front of the Santa Barbara Superior Court!

 

Richard Rossi has been paid $7,500.00 to ask the questions asked of Union Bank in Union Banks Exhibits B Through J!  Please see that Union Bank answers the questions asked of Union Bank in Union Banks Exhibits B Through J.  The Amortization Schedule that Union Bank claims is an official Bank document is not an accurate Union Bank document!

 

Again, Please immediately provide a current (Loan Transaction History) SBA Form 1149 and answer the Questions asked of Union Bank on June 10, 2013!

 

Sincerely

 

Bill Bookout

 

CC  Santa Barbara Superior Court

CC Denise Motter, Santa Barbara Superior Court

 

From: Robert Forouzandeh [mailto:rforouzandeh@rppmh.com]
Sent: Wednesday, June 26, 2013 3:13 PM
To: Bill Bookout
Cc:
richard@rossilegal.com; 'Chris Gautschi'
Subject: RE: In re William Arthur Bookout USBC Cen. Dist. CA. CaseNo.9:11-bk-15818

 

Mr. Bookout,

 

Mr. Gautschi and Mr. Rossi are not your counsel of record in the Civil Harassment action.  They only represent you in your bankruptcy proceeding.  You have appeared on your own behalf and filed papers on your own behalf in the Civil Harassment action.  As such, filings in the Civil Harassment action are only served on you.

 

As to your request for a “loan transaction history” what exactly are you looking for?  Are you looking for a history of each and every payment that has been made on your account?

 

 

Robert B. Forouzandeh

Attorney at Law

Reicker, Pfau, Pyle & McRoy LLP

1421 State Street, Suite B

Santa Barbara, CA  93101

 

Tel:  805-966-2440805-966-2440

Fax:  805-966-3320

E-mail: rforouzandeh@rppmh.com

Website:  www.reickerpfau.com

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

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

 

 

 

From: Bill Bookout [mailto:pismobeachdiveshop@charter.net]
Sent: Monday, June 10, 2013 7:38 PM
To:
rforouzandeh@rppmh.com; dlee@rppmh.com; ptrujillo@ch13wla.com
Cc:
pbrinks@cappellonoel.com; sanschromo@yahoo.com; 'Richard Rossi'; da, sbcounty; ombudsman@sba.gov; ombudsman@fdic.gov; legal@fdic.gov; customeradvocateteam@unionbank.com; Fredericks, Jeffrey; adam.kaplan@sba.gov; terrill.ashker@sba.gov; sandiego@sba.gov; John Belsher; pismobeachsurfshop@charter.net; dawn.golik@sba.gov; cj.ward@keyt.com; keithcarls@kcoy.com; lol@rsmediate.com; Lcannon@dfi.ca.gov
Subject: RE: Union Bank SBA PLP Loan Fraud as presented by Union Bank to the Santa Barbara Superior Court Commissioner Denise Motter. Case # 1381216

 

June 10, 2013

 

Diana Jessup Lee, California State Bar # 155191 and Robert Forouzandeh, California State Bar # 247177.

Union Bank President & Chief Executive Officer Masashi Oka

Reicker, Pfau, Pyle & McRoy LLP

1421 State Street, Suite B

Santa Barbara, CA  93101

 

Robert B. Forouzandeh/ Diana Jessup Lee, Union Bank President & Chief Executive Officer Masashi,

 

Please have Union Bank Cancel Account # 0100846187 and refund this money as seen in the 4/22/13-6/5/13 Union Bank Statement!

 

Robert B. Forouzandeh/ Diana Jessup Lee, Explain  per Union Bank successor to SBB&T November 4, 2011 online (Loan Transaction History) below as to how Union Banks statements on May 23, 2013--February 28, 2013 --January 24, 2013 and January 8, 2013 are true and not fraudulent? 

Union Banks Statement May 23, 2013 is False and a (Loan Transaction History) is again requested of Union Bank!: Union Banks States May 23, 2013   To date, Ms. Lee and I have repeatedly answered your questions.”   

Union Bank States February 28, 2013 IRS 1098 Forms and amortization schedules are two different things with different purposes.  Our May 6, 2011 amortization schedule is accurate.”  Explain how Union Bank believes an amortization schedule is an official Bank Record against Union Bank successor to SBB&T, January 25, 2011 email?  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.” 

 

Union Bank Fraudulently States January 24, 2013 against the November 4, 2011 online (Loan Transaction History) below   As I have done on numerous occasions, I direct you to Schedule 2 which was attached to my May 6, 2011 letter to you as well as my letter to you dated May 19, 2011 in which I explain that your $22,274.46 payment in July, 2007 was applied to satisfy your monthly  principal and interest payments due for May, June, July, August and September, 2006 which you had failed to pay.  The reduction in principal on your loan after application of this payment is confirmed in Schedule 2.  Why do you keep asking the same question?  If you believe my explanations are wrong, please state precisely why and explain your conclusion as opposed to simply asserting false conclusory statements.” 

 

Union Bank States January 8, 2013 Per Union Banks online Loan Transaction History changed during Bankruptcy in front f Judge Robin L. Riblet!  “ You ask why your loan balance was deemed to be $400,962.89 instead of $390,996.91 in November 2011.  As Mr. Forouzandeh stated to you in his November 23, 2011 email, the $390,996.91 balance was apparently obtained by you from SBBT's online banking feature which temporarily showed a principal balance of $390,996.91 for the loan.  The $390,996.91 was calculated using the fixed interest rate of 6% set forth in the Forbearance Agreement.  Due to your default on the Forbearance Agreement, the Forbearance Agreement was rescinded and the principal amount of the loan was re-calculated and re-amortized going back to the date of the Forbearance Agreement using the interest rate of Prime + 2% (as required in your original loan) for the time period between the date of the Forbearance Agreement and the date of the Proof of Claim with the loan being re-amortized on a yearly basis per SBA loan rules.  The Prime Rate during that period varied between 3.25%-8.25% and thus the interest rate for your loan during that period of time varied between 5.25%-10.25.  Since the interest rate was higher than the fixed 6% rate for much of this period, when the loan was re-calculated and re-amortized under the original loan terms, your principal amount increased to $400,962.89 due to the higher interest rate and the fact that you failed to make any payments for a large portion of that period of time.  The $390,996.91 balance temporarily appeared on SBBT's online account access for your loan because that system had not been updated to rescind the terms of the Forbearance Agreement and had not re-calculated or re-amortized your loan based on the original loan terms.

 

Robert B. Forouzandeh/ Diana Jessup Lee, Union Bank President & Chief Executive Officer Masashi,  I am asking Union Bank as to what Union Bank successor to SBB&T has done with the extra principal paid, per the 2011 online Loan Transaction Histories below?  Union Bank in their emails below continue to refuse to provide a current Loan Transaction History!  Union Bank Fraudulently States February 28, 2013.  IRS 1098 Forms and amortization schedules are two different things with different purposes.  Our May 6, 2011 amortization schedule is accurate.”

Union Bank successor to SBB&T Fraudulently States June 28, 2011 I do not know what "computerized" records you are requesting.  The May 6, 2011 schedules are official and are correct, so there is no need for any other records.”

 

Union Bank successor to SBB&T States September 7, 2011 against the November 4, 2011 online (Loan Transaction History) and the August 29, 2011 (Loan Transaction History)!  As you will see at the top of Amortization Schedule 1, it clearly shows that $22,274.46 was reduced from the outstanding balance of principal and interest due on the loan at the time of the forbearance agreement.  This is why the $22,274.46 is placed inside of parenthesis ($22,274.46) on the Amortization Schedule.  The fact that it is in parenthesis shows that it was reduced from the outstanding balance of principal and interest owed on the loan at that time.  Similarly, at the top of Amortization Schedule 2, it shows that your Principal Balance "after 5 payments" was $416,898.31.  The "5 payments" refers to the $22,274.46.  Thus, the $22,274.46 was reduced from the principal and interest on the loan (the outstanding balance) prior to the loan being re-amortized pursuant to the Forbearance Agreement.”

 

Robert B. Forouzandeh/ Diana Jessup Lee, Union Bank President & Chief Executive Officer Masashi,  Explain what Union Bank successor to SBB&T has done with the extra principal paid per Diana Jessup Lees statement# 3, below in regards to the 2007 IRS 1098 Form accounting?   Please show in a current (Loan Transaction History) as to how principal was applied per Diana Jessup Lees June 29. 2011 Statement # 1! “Many of your early payments were for more than the minimum amount due, and the principal balance was reduced accordingly with each payment.” 

 

Union Bank successor to SBB&T Fraudulently States June 29, 2011  “1.   The bank did not overcharge you $7,172.57.  Each of your payments were applied to outstanding interest and then to principal.  Many of your early payments were for more than the minimum amount due, and the principal balance was reduced accordingly with each payment.   Solely for settlement purposes I offered to discount your loan by various amounts, including $7,000.  Your mischaracterization of such offers is discouraging.  The bank is willing to discuss any reasonable proposal for curing your loan default.  The fact that another bank foreclosed on your home because you did not pay that bank either, is not a topic we can address. 

 

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

 

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

 

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

 

Robert B. Forouzandeh/ Diana Jessup Lee, Union Bank President & Chief Executive Officer Masashi,  Please answer the questions asked of Elizabeth F. Rojas Chapter 13 Trustee below on May 31, 2013!  Please provide a current (Loan Transaction History going back to 2003 per the fraudulent statements and accounting from Union Bank as seen in Union Banks emails below from January 25, 2011 to May 23, 2013!

 

Sincerely

 

Bill Bookout

 

CC Judge Robin L. Riblet Case # ND11-15818-RR

CC Elizabeth F. Rojas Chapter 13 Trustee  Fax (818) 933-5755

CC Jeffery Frederick  Santa Barbara District Attorney Supervising Investigator

CC United States Small Business Administration

 

From: Bill Bookout [mailto:pismobeachdiveshop@charter.net]
Sent: Friday, May 31, 2013 12:15 PM
To:
ptrujillo@ch13wla.com
Cc: 'swalker@cobrakayaks.com'; 'dlee@rppmh.com'; 'rforouzandeh@rppmh.com'; 'pbrinks@cappellonoel.com'; 'sanschromo@yahoo.com'; 'Richard Rossi';
vicki@tridentsports.com; James Gallinger< James@tridentsports.com> (James@tridentsports.com); da, sbcounty (sbcountyda@co.santa-barbara.ca.us); ombudsman@sba.gov; ombudsman@fdic.gov; legal@fdic.gov; customeradvocateteam@unionbank.com; Fredericks, Jeffrey (jfreder@co.santa-barbara.ca.us); Kaplan, Adam D.(Off. Inspector Gen.) <adam.kaplan@sba.gov> (adam.kaplan@sba.gov); Ashker, Terrill K. <terrill.ashker@sba.gov> (terrill.ashker@sba.gov); sandiego@sba.gov; John Belsher (john@bbrlawfirm.com)
Subject: RE: Union Bank SBA PLP Loan Fraud as presented by Union Bank to the Santa Barbara Superior Court Commissioner Denise Motter. Case # 1381216

 

May 31, 2013

 

Elizabeth F. Rojas Chapter 13 Trustee  Fax (818) 933-5755

15060 Ventura BLVD, Suite 240

Sherman Oaks, CA 91403                               Re: Case # ND 11-15815-RR

 

Elizabeth F. Rojas Chapter 13 Trustee 

 

Attached below is the December , 2011 email communication with Union Bank successor to SBB&T (Diana Jessup Lee, California State Bar # 155191 and Robert Forouzandeh, California State Bar # 247177.

 

Union Bank, in Robert Forouzandeh’s, May 23, 2013 email continues to refuse to provide a current (Loan Transaction History) with Union Bank successor to SBB&T changes during Bankruptcy in front of Judge Robin L. Riblet.  I am asking the United States Bankruptcy Court for a current (Loan Transaction History) by Union Bank with the loan changes made during Bankruptcy in front of Judge Robin L. Riblet!

 

I am asking the United States Bankruptcy Court as to why Union Bank successor to SBB&T charged a monthly payment of $4,121.06 per month up to November 3, 2011 and then claimed to Judge Robin L. Riblet a different amount in Union Bank successor to SBB&T October 28, 2011 (Proof of Claim)?  Please see Union Banks online (Loan Transaction History) accounting below up to November 4, 2011!

 

I am asking the United States Bankruptcy Court as to why Union Bank successor to SBB&T has been allowed during Bankruptcy to claim in their (Proof of Claim) to Judge Robin L. Riblet a principal balance of $400,962.89 against Union Bank successor to SBB&T November 4, 2011 online (Loan Transaction History below) of $390,996.91?

 

I am asking the United States Bankruptcy Court as to why Union Bank successor to SBB&T has been allowed during Bankruptcy to claim in their (Proof of Claim) to Judge Robin L. Riblet (Deferred and Defaulted Payments) of $45,171.20 against the Union Bank successor to SBB&T November 4, 2011 online (Loan Transaction History) below?

 

I am asking the United States Bankruptcy Court as to why Union Bank successor to SBB&T could claim monthly late fees of $206.05 or 5% of $4,121.06 per month up to September 16, 2011 and then change this amount in Union Bank successor to SBB&T (Proof of Claim to Judge Robin L. Riblet on October 28, 2011?

 

I am asking the United States Bankruptcy Court as to what Union Bank successor to SBB&T has done with the extra principal paid, per the 2011 online Loan Transaction Histories below?  Union Bank in their emails below continue to refuse to provide a current Loan Transaction History!  Union Bank States February 28, 2013.  IRS 1098 Forms and amortization schedules are two different things with different purposes.  Our May 6, 2011 amortization schedule is accurate.”

 

 

Sincerely

 

Bill Bookout

 

CC Judge Robin L. Riblet Case # ND11-15818-RR

CC Elizabeth F. Rojas Chapter 13 Trustee  Fax (818) 933-5755

CC Cobra Kayaks

CC Trident Performance Sports

CC Jeffery Frederick  Santa Barbara District Attorney Supervising Investigator

 

___________________________________________________________________________________________________________

From: Bill Bookout [mailto:Pismobeachdiveshop@charter.net]
Sent: Friday, December 02, 2011 11:44 AM
To: 'Robert Forouzandeh'; 'Diana Lee'
Cc: 'Karen Grant'; 'Mary Jo Barbeau'; 'Richard Rossi'; 'Chris Gautschi'; 'Diana Lee'; 'Kaplan, Adam D.(Off. Inspector Gen.)'; 'danhil@charter.net'; 'Bob Johnston'; 'Ashker, Terrill K.'; 'Thomas Cregger'; 'carlos.mendoza@sba.gov'; 'Hobby, Jill C.'; 'Koznek, Jeff'; 'lol@rsmediate.com'; 'rmiller@newtimesslo.com'; 'econnolly@newtimesslo.com'; 'crigley@newtimesslo.com'; 'ctrimble@pismobeach.org'; 'velie@calcoastnews.com'; 'cj.ward@keyt.com'
Subject: RE: Santa Barbara Bank & Trust Loan Fraud and Breach of Contract SBA PLP Loan # 664-196-4009

December 2, 2011

Santa Barbara Bank & Trust Board of Directors George Leis, Gerald J. Ford, Carl B. Webb, Richard A. Nightingale, John R. Mackall, Mark K. Olson, D. Vernon Horton, William R. Loomis, Edward E. Birch, Kathy J. Odell, Clayton C. Larson, Gordon J. Wahlgren and Mary Mascolo,

Diana Jessup Lee, California State Bar # 155191

Robert Forouzandeh, California State Bar # 247177

Reicker, Pfau, Pyle & McRoy LLP

1421 State Street, Suite B

Santa Barbara, CA 93101

Mr. Robert Forouzandeh and Diana Jessup Lee,

Santa Barbara Bank & Trust Board of Directors

Again, please provide the Santa Barbara Bank & Trust loan statements for November and December 2011! Please see that Santa Barbara Bank & Trust restores the online accounting for my SBA loan that has been taken down by Santa Barbara Bank & Trust! Attached below is the most recent SBBT online accounting up to November 4, 2011 showing the Santa Barbara Bank & Trust Fraud and Breach of Contract as seen in the November 30, 2011 email from Robert Forouzandeh!

Santa Barbara Bank & Trust has admitted on November 18, 2011 that the Oceano Nursery SBA Loan was required to be “(re-amortized on a yearly basis per SBA loan rules Santa Barbara Bank & Trust Breached the 2007 Forbearance Agreement by not following the SBA Form 147 Note Rules signed on October 6, 2003! In the Proof of Claim to Judge Robin L. Riblet dated October 28, 2011 Santa Barbara Bank& Trust after Four Years has attempted to show that SBBT is following the rules of SBA Form 147 Note! SBBT States that the payment on 12/1/09 should have been $3,743.71 instead of the SBBT required (Payment Notice) of $4,121.06! This amount overcharged by Santa Barbara Bank & Trust against SBA Form 147 Rules is $377.35 per month in 2009 and $4,528.20 overcharged by Santa Barbara Bank& Trust in 2009!

Santa Barbara Bank & Trust Statement on November 30, 2011 needs to re turned over to the United States Bankruptcy Court Judge Robin L. Riblet Your client is asking what his December 2011 payment to Santa Barbara Bank and Trust ("SBBT") should be. I would direct his attention to the Proof of Claim filed by SBBT in Mr. Bookout's bankruptcy proceeding, which states that Mr. Bookout's post-petition payments to Santa Barbara Bank & Trust should be $4,077.32. This amount is based on the recalculated principal balance of $400,962.89 which was determined as a result of Mr. Bookout's pre-petition default of the Forbearance Agreement (which had a fixed interest rate of 6%) resulting in the termination of the interest rate afforded under the Forbearance Agreement. I have explained this re-calculation process to your client on several occasions.” Robert Forouzandeh and Diana Jessup Lee, Please review the falsified Santa Barbara Bank & Trust accounting below showing that Santa Barbara Bank & Trust Breached the 2007 Forbearance and Workout Agreement with Santa Barbara Bank & Trusts November 18th and 30th, 2011 email!s!

Santa Barbara Bank & Trust Board of Directors, Robert Forouzandeh and Diana Jessup Lee, Why would Santa Barbara Bank & Trust charge late fees of $206.05 against the October 6, 2003 SBA Form 147 Note? Please review the email below dated August 18, 2010 to Sandra Sheffield! The response from Sandra Sheffield can be seen at www.sbaquestions.net

Top of Form

Date

Description

Category

Debit

Credit

Balance

11/4/2011

EFF 11/03/2011

$4,121.06

$390,996.91

10/11/2011

Regular Payment

$4,121.06

$390,996.91

9/16/2011

Automatic

$206.05

$390,996.91

8/30/2011

Review Fee

$650.00

$390,996.91

8/30/2011

Commercial Appraisal Fee

$4,000.00

$390,996.91

8/30/2011

Review fee

$650.00

$390,996.91

8/30/2011

Commercial Appraisal

$3,500.00

$390,996.91

8/16/2011

Automatic

$206.05

$390,996.91

7/18/2011

Automatic

$206.05

$390,996.91

6/23/2011

Legal Fee

$25.00

$390,996.91

6/16/2011

Automatic

$206.05

$390,996.91

5/24/2011

Legal Fee

$575.00

$390,996.91

5/16/2011

Automatic

$206.05

$390,996.91

4/18/2011

Automatic

$206.05

$390,996.91

4/8/2011

EFF 03/23/2011 Legal Fee Inv #30117

$2,150.00

$390,996.91

3/16/2011

Automatic

$206.05

$390,996.91

3/9/2011

Foreclose Fee-470 Price St

$1,490.24

$390,996.91

3/9/2011

Foreclose Fee - 1141 Paso Robles St

$948.00

$390,996.91

2/24/2011

Legal Fee Inv 29941 dated 2/9/11

$2,408.00

$390,996.91

2/16/2011

Automatic

$206.05

$390,996.91

2/1/2011

Legal Fee Inv#29816 Dtd 1/10/11

$2,218.71

$390,996.91

1/18/2011

Automatic

$206.05

$390,996.91

12/16/2010

Automatic

$206.05

$390,996.91

11/16/2010

Automatic

$206.05

$390,996.91

10/18/2010

Automatic

$206.05

$390,996.91

9/17/2010

Collateral Ecaluation Fee

$900.00

$390,996.91

9/17/2010

Appraisal Fee

$2,800.00

$390,996.91

9/16/2010

Automatic

$206.05

$390,996.91

8/16/2010

Automatic

$206.05

$390,996.91

7/16/2010

Automatic

$206.05

$390,996.91

7/15/2010

SFR Appraisal Fee

$350.00

$390,996.91

6/16/2010

Automatic

$206.05

$390,996.91

6/3/2010

UCC Search Fee

$15.50

$390,996.91

5/17/2010

Automatic

$206.05

$390,996.91

4/16/2010

Automatic

$206.05

$390,996.91

3/16/2010

Automatic

$206.05

$390,996.91

3/8/2010

Legal Fee

$50.00

$390,996.91

2/16/2010

Automatic

$206.05

$390,996.91

1/19/2010

Automatic

$206.05

$390,996.91

12/31/2009

Regular Payment

$4,121.06

$390,996.91

12/16/2009

Automatic

$206.05

$392,024.73

11/13/2009

Late Charge Payment

$0.94

$392,024.73

11/13/2009

Regular Payment

$4,121.06

$392,024.73

Bottom of Form

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

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


From: Bill Bookout [mailto:Pismobeachdiveshop@charter.net]
Sent: Wednesday, August 18, 2010 5:57 PM
To: 'sandra.sheffield@pacificcapitalbank.com'
Cc: 'ronald.truly@sba.gov'; 'Carlos.Mendoza@sba.gov'; 'Bill Bookout'
Subject:

Dear Mrs. Sheffield,

If at all possible I would like to do a work out agreement with Pacific Capital Bank, while trying to sell the Oceano Nursery property.

If possible I would like to refinance both the Pismo Beach property and the Oceano Nursery property with the appraisals that Pacific Capital Bank are doing on both of these properties at this time.

I would like to obtain a copy of the 631 Lake Street property appraisal that is tied in with this SBA loan from 2007, when Pacific Capital Bank appraised the Oceano Nursery property for $530,000.00 after Heritage Oaks Bank informed Pacific Capital Bank that I was behind on loan payments.

I would like to receive a full Loan Transaction History going back to the beginning of my loan as this Loan Transaction History found on line below only goes back to 7/31/2008?

Our new business in Pismo Beach is started to do real good with our kayak tours and with the help of a new SBA Loan we will be able to better serve our community.

Thanks

Bill Bookout

Pismo Beach Surf Shop

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SBA Term Loan

Account Name:

SBA Term Loan

Account #:

xxxxxx3501

Principal Balance:

$390,996.91

Interest Rate:

6%

Interest Accrued:

$14,782.90

Payment Due Date:

1/6/2010

Payment Due:

$4,121.06

Late Charges Due:

$4,240.81

Fees Due:

$0.00

Open Date:

10/10/2003

Original Loan Amount:

$450,000.00

Maturity Date:

10/6/2021

Interest Paid YTD:

$0.00

Interest Paid Last Year:

$26,024.21

·

 

Date

Description

Category

Debit

Credit

Balance

8/16/2010

Automatic

$206.05

$390,996.91

7/16/2010

Automatic

$206.05

$390,996.91

7/15/2010

SFR Appraisal Fee

$350.00

$390,996.91

6/16/2010

Automatic

$206.05

$390,996.91

6/3/2010

UCC Search Fee

$15.50

$390,996.91

5/17/2010

Automatic

$206.05

$390,996.91

4/16/2010

Automatic

$206.05

$390,996.91

3/16/2010

Automatic

$206.05

$390,996.91

3/8/2010

Legal Fee

$50.00

$390,996.91

2/16/2010

Automatic

$206.05

$390,996.91

1/19/2010

Automatic

$206.05

$390,996.91

12/31/2009

Regular Payment

$4,121.06

$390,996.91

12/16/2009

Automatic

$206.05

$392,024.73

11/13/2009

Late Charge Payment

$0.94

$392,024.73

11/13/2009

Regular Payment

$4,121.06

$392,024.73

10/5/2009

Regular Payment

$4,121.06

$393,622.29

10/5/2009

Late Charge Payment

$78.94

$395,532.71

9/1/2009

Regular Payment

$4,121.06

$395,532.71

9/1/2009

Late Charge Payment

$78.94

$395,686.06

7/2/2009

Late Charge Payment

$78.94

$395,686.06

7/2/2009

Regular Payment

$4,121.06

$395,686.06

6/30/2009

Regular Payment

$4,121.06

$399,675.72

6/30/2009

Late Charge Payment

$78.94

$402,473.58

6/10/2009

Regular Payment

$4,121.06

$402,473.58

5/11/2009

Late Charge Payment

$78.94

$404,599.36

5/11/2009

Regular Payment

$4,121.06

$404,599.36

4/21/2009

Late Charge Payment

$78.94

$407,381.08

4/21/2009

Regular Payment

$4,121.06

$407,381.08

4/16/2009

Automatic

$206.05

$410,624.64

4/9/2009

EFF 04/08/2009

$4,121.06

$410,624.64

4/9/2009

EFF 04/08/2009

$78.94

$412,710.42

4/9/2009

EFF 04/08/2009

$4,200.00

$412,710.42

4/8/2009

Regular Payment

$4,200.00

$410,545.70

3/16/2009

Automatic

$206.05

$412,710.42

3/10/2009

EFF 03/09/2009

$4,121.06

$412,710.42

3/10/2009

EFF 03/09/2009

$78.94

$413,029.35

2/17/2009

Automatic

$206.05

$413,029.35

1/14/2009

EFF 01/12/2009

$4,121.06

$413,029.35

1/14/2009

EFF 01/12/2009

$78.94

$414,425.42

12/3/2008

Regular Payment

$4,121.06

$414,425.42

12/3/2008

Late Charge Payment

$78.94

$416,492.54

11/4/2008

EFF 11/03/2008

$4,121.06

$416,492.54

11/4/2008

EFF 11/03/2008

$78.94

$418,354.34

9/30/2008

Interest Payment - No Date

$78.94

$418,354.34

9/30/2008

Regular Payment

$4,121.06

$418,354.34

9/2/2008

Interest Payment - No Date

$78.94

$420,024.30

9/2/2008

Regular Payment

$4,121.06

$420,024.30

7/31/2008

EFF 07/30/2008

$78.94

$420,024.30

7/31/2008

EFF 07/30/2008

$4,121.06

$420,024.30

Bottom of Form

Santa Barbara Bank & Trust, Board of Directors, Robert Forouzandeh and Diana Jessup Lee. Santa Barbara Bank & Trust is seen above overcharging late fees against the October 6, 2003 SBA Form 147 Note!

Santa Barbara Bank & Trust is seen above charging (Late Payments) against the 2007 Forbearance and Workout Agreement!

Santa Barbara Bank & Trust is seen above not properly amortizing the Oceano Nursery SBA loan in 2008, 2009, 2010 and 2011 against SBA rules as Santa Barbara Bank & Trust on November 18, 2011 now admits per SBA rules! “re-amortized on a yearly basis per SBA loan rules.

Robert Forouzandeh and Diana Jessup Lee, Please explain this August 2, 2011 email statement to Judge Robin L, Riblet for the December 16, 2011 hearing! Explain as to how the $45,171.20 was added to the May 19, 2011 Notice of Default by Santa Barbara Bank & Trust?

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

Judge Robin L. Riblet can see from the Santa Barbara Bank & Trust online Loan Accounting above! On September 2, 2008 all Deferred and Defaulted Payments had been Made! This is backed up In Santa Barbara Bank & Trusts September 30, 2008 letter to the United States Small Business Administration attached above! Santa Barbara Bank & Trust falsified the May 19, 2011Notice of Default Claim of $45,171.20 owed Santa Barbara Bank & Trust!

Robert Forouzandeh and Diana Jessup Lee, as Judge Robin L. Riblet can see from Santa Barbara Bank & Trust accounting above, Santa Barbara Bank & Trust has falsified the October 28, 2011 Proof of Claim to the United States Bankruptcy Court Judge Robin L. Riblet! Please explain as to why on August 2, 2011 Santa Barbara Bank & Trust was attempting to collect $102,859.01 in the fraudulent accounting by Santa Barbara Bank & Trust as seen above and in the November 30, 2011 email from Robert Forouzandeh!

Robert Forouzandeh and Diana Jessup Lee, Again, please provide the Santa Barbara Bank& Trust loan statements for November and December 2011 along with a copy of the new amortization for the loan changes made by Santa Barbara Bank & Trust in the October 28, 2011 Proof of Claim to Judge Robin L. Riblet. This Proof of Claim is in dispute with Santa Barbara Bank & Trust and it should be resolved by Judge Robin L. Riblet at our hearing on December 16, 2011!

Sincerely

Bill Bookout

CC KEYT 3 On Your Side CJ Ward

CC Judge Robin L. Riblet---Exhibit # 22

CC Barry A. Cappello Lender Liability

CC Chris Gautschi [sanschromo@yahoo.com]

CC San Luis Obispo District Attorney

CC San Luis Obispo Police Department Case # 111108022

CC Adam D. Kaplan Office of Inspector General OIG complaint ID # 20110484--20120076

 

From: Bill Bookout [mailto:pismobeachdiveshop@charter.net]
Sent: Thursday, May 30, 2013 12:59 PM
To: ptrujillo@ch13wla.com
Cc: 'swalker@cobrakayaks.com'; 'dlee@rppmh.com'; 'rforouzandeh@rppmh.com'; 'ptrujillo@ch13wla.com'; 'pbrinks@cappellonoel.com'; 'sanschromo@yahoo.com'; 'Richard Rossi'; vicki@tridentsports.com; James Gallinger <James@tridentsports.com> (James@tridentsports.com); da, sbcounty (sbcountyda@co.santa-barbara.ca.us); ombudsman@sba.gov; ombudsman@fdic.gov; legal@fdic.gov; Fredericks, Jeffrey (jfreder@co.santa-barbara.ca.us)
Subject: RE: Union Bank SBA PLP Loan Fraud as presented by Union Bank to the Santa Barbara Superior Court Commissioner Denise Motter. Case # 1381216

 

May 30, 2013

 

Elizabeth F. Rojas Chapter 13 Trustee  Fax (818) 933-5755

15060 Ventura BLVD, Suite 240

Sherman Oaks, CA 91403                               Re: Case # ND 11-15815-RR

 

Elizabeth F. Rojas Chapter 13 Trustee 

 

Attached is Union Bank successor to SBB&T Exhibit A-22 and B-23 per their Bankruptcy response March 30, 2012.

 

Has the United States Bankruptcy Court approved Union Bank paying themselves $26,500.00 as a standard Bank Foreclosure fee and then $39,750.00 to fix up the Oceano Nursery property after foreclosure?

 

Has the United States Bankruptcy Court approved Union Bank paying themselves $73,599.09 in Attorney fees for SBB&T filing a Fraudulent NOD per Union Banks May 6, 2011 Amortization Schedules and May 19, 2011 NOD and May 19, 2011 Letter from Diana Jessup Lee,?  Judge Robin L. Riblet approved $311,608.43 on June 21, 2012 per Karen L. Grants claim of Debt.  Union Bank States February 28, 2013 below!  The attorneys’ fees credited as a result of the foreclosure of the Oceano property were credited as provided in your Deed of Trust.  This process was supervised by the Bankruptcy Court.

 

Please review Union Banks emails below from January 25, 2011 to May 28, 2013.

 

Sincerely

 

Bill Bookout

 

CC Judge Robin L. Riblet Case # ND11-15818-RR

CC Elizabeth F. Rojas Chapter 13 Trustee  Fax (818) 933-5755

CC Cobra Kayaks

CC Trident Performance Sports

 

From: Bill Bookout [mailto:pismobeachdiveshop@charter.net]
Sent: Tuesday, May 28, 2013 6:26 AM
To: dlee@rppmh.com; rforouzandeh@rppmh.com; ptrujillo@ch13wla.com
Cc: dawn.golik@sba.gov; sandiego@sba.gov; da, sbcounty; da, sbcounty; customeradvocateteam@unionbank.com; cj.ward@keyt.com; Fredericks, Jeffrey; jill.hobby@sba.gov; adam.kaplan@sba.gov; terrill.ashker@sba.gov; Nudson, Anne; Richard Rossi; sanschromo@yahoo.com; 'Bill Bookout'; ombudsman@fdic.gov; ombudsman@sba.gov; legal@fdic.gov; 'Debra Hernandez'; keithcarls@kcoy.com; 'Mendoza, Carlos G.'; bobj@westdalecapital.com; pbrinks@cappellonoel.com
Subject: RE: Union Bank SBA PLP Loan Fraud as presented by Union Bank to the Santa Barbara Superior Court Commissioner Denise Motter. Case # 1381216

 

May 27, 2013

 

Robert B. Forouzandeh/ Diana Jessup Lee, Esq.  California State Bar # 155191

Union Bank President & Chief Executive Officer Masashi Oka

Reicker, Pfau, Pyle & McRoy LLP

1421 State Street, Suite B

Santa Barbara, CA  93101

 

Robert B. Forouzandeh/ Diana Jessup Lee, Union Bank President & Chief Executive Officer Masashi,

 

Again, Union Banks response below is not acceptable!  Union Bank has admitted, their SBA loan Banking Fraud on May 23, 2013, February 28, 2013, January 24, 2013 and January 8, 2013, as seen in Union Banks emails below!  (Amortization Schedule are not official Bank Monthly Computerized loan documents!)     Attached is Union Banks August 29, 2011  Loan Transaction History showing Union Banks SBA loan Banking Fraud on May 23, 2013, February 28, 2013, January 24, 2013 and January 8, 2013!

 

Union Bank successor to SBB&T Fraud and Breach of Contract is seen in Union Bank successor to SBB&T’s May 6, 2011 Amortization Schedules attached, against the Union Bank successor to SBB&T August 29, 2011 SBA Form 1149 (Loan Transaction History.)  Union Bank successor to SBB&T, September 23, 2011 Payment Notice, attached again shows Union Bank successor to SBB&T, SBA Loan Fraud, Breach of Contract and Grand Theft!  Union Banks May 23, 2013 email stating: To date, Ms. Lee and I have repeatedly answered your questions.”   Is again a False Statement by Union Bank!

 

Union Bank successor to SBB&T has twice cross collateralized my personal residences at 631 Lake Street Oceano California and 470 Price Street in Pismo Beach!  The 2003 Oceano Nursery SBA loan was for Oceano Nursery property and not for the 470 Price Street property or the 631 Lake Street property per Union Bank May 23, 2013 statement!  The Real Estate Settlement Practice Act is not applicable to loans made for business purposes.”

 

Robert B. Forouzandeh/ Diana Jessup Lee, Union Bank President & Chief Executive Officer Masashi:  Again, Please immediately provide a current (Loan Transaction History) per the May 13, 2013 Full RESPA and Truth in Lending Act request of Union Bank on May 13, 2013, as acknowledged by Union Bank in their May 23, 2013 email below!

 

Robert B. Forouzandeh/ Diana Jessup Lee, attached is the Oceano Nursery (Note Terms).  Union Bank successor to SBB&T has breached these Terms in the Union Bank successor to SBB&T, Attorney fees of $73,599.09 during Bankruptcy!  Explain under (Collateral Conditions) Why Union Bank successor to SBB&T, committed fraud in 2003 with putting a second on the 470 Price Street property?  Attached is the September 13, 2010 payment history as provided by VP Sandra Sheffield.  Explain why Union Bank successor to SBB&T would file a fraudulent NOD on May 19, 2011 as shown in Union Banks February 28, 2013 email below #5?

Union Bank shows their SBA loan Fraud in their February 28, 2013 email below #5 Stating:In response to your question pertaining to your 2007 IRS Form 1098:  As a result of your many defaults on your loan, there have been many changes to your loan calculations.  The settlement you negotiated in the 2007 Forbearance Agreement was very unique and benefitted you in ways that were contrary to your loan terms, as well as the bank’s standard procedures.  The department which sends out the IRS Forms 1098, which is separate from the department that handles your loan, was not aware of the more favorable terms given to you.  The interest amount listed in the 2007 Form 1098 does not affect how your loan has been credited or amortized by SBBT.” 

 

Robert B. Forouzandeh/ Diana Jessup Lee, This is found on the SBA Website and does not cover amortization Schedules per Union Banks Email on February 28, 2013!   Is the bank’s transcript acceptable instead of using the SBA transaction history form?   Lending institutions have their own unique electronic records and coding systems. If SBA can understand the coding on the bank transcript or the coding can be explained on the form, and shows a breakdown for application of principal and interest along with any other accounting transactions, SBA will be able to use the bank transcript. Otherwise, the lender will need to complete SBA’s Form 1149. The transcript submitted for purchase must be certified by the lender.

 

Robert B. Forouzandeh/ Diana Jessup Lee, If Union Bank has nothing to hide; then Union Bank will provide a current (Loan Transaction History)--(Loan Payment History)  as requested of Union Bank, showing the extra principal paid per the August 29, 2011(Loan Transaction History)! Union Bank will explain how the 2007 five payments totaling $22,274.46 was applied towards principal against the Union Bank 11/3/2008 (Loan Payment History) attached and the June 30, 2011 OCC letter as acknowledged in Union Banks emails below!  Both Union Bank successor to SBB&T 10/28/2011 and 1/6/2012 Proof of claims to Judge Robin L. Riblet are Fraudulent!  Union Bank successor to SBB&T IRS 1098 Forms accounting (Annual Statements) for 2006, 2007, 2008, 2009 and 2010 show Union Banks SBA loan, Banking Fraud on May 23, 2013, February 28, 2013, January 24, 2013 and January 8, 2013, as seen in Union Banks emails below!  Union Bank successor to SBB&T 2007, 2008, 2009, 2010 and 2011 (Payment Notices) and Online accounting attached show Union Banks SBA loan Banking Fraud on May 23, 2013, February 28, 2013, January 24, 2013 and January 8, 2013, as seen in Union Banks emails below from January 25, 2011 to May 23, 2013! 

 

Union Bank successor to SBB&T claimed August 29, 2011 to the United States Small Business Administration in a SBA Form 1149 (Loan Transaction History) that the Oceano Nursery SBA principal balance was $390,996.91 and then changed this amount on October 28, 2011 during bankruptcy in their (Proof of Claim) to Judge Robin L. Riblet to be $400,962.89.  The $390,996.91 amount shows in the 2009-2010 IRS 1098 Forms and SBB&T”S September 23, 2011 (Payment Notice).  Again, Please immediately provide a current loan transaction history per the Union Bank acknowledged May 13, 2013 Full RESPA and Truth in Lending Act request of Union Bank. 

 

Robert B. Forouzandeh/ Diana Jessup Lee, In the Union Bank successor to SBB&T August 29, 2011 and September 20, 2010 (Loan Transaction History’s) Explain how Union Bank on January 24, 2013 claimed, that the May 6, 2011 Amortization Schedule # 2 is accurate against the August 29, 2011 and September 20, 2010 (Loan Transaction History’s)?  The Comptroller of the Currency Administrator of National Banks June 30, 2011 letter, shows that Union Bank successor to SBB&T did not apply any principal from the five payments totaling $22,274.46 as claimed to Judge Robin L. Riblet by Union Bank successor to SBB&TExplain why Union Bank on May 23, 2013 would Fraudulently State!  (“To date, Ms. Lee and I have repeatedly answered your questions.”) 

 

Robert Forouzandeh, Diana Jessup Lee/ Union Bank President & Chief Executive Officer Masashi,  I am requesting an accounting of Union Bank successor to SBB&T charge of $39,750.00 to fix up the Oceano Nursery property after foreclosure and that this money is returned with interest!  The SBA Loan Note did not allow for  Union Bank successor to SBB&T charge of $26,500.00 (10% standard deduction by the bank on all foreclosures)  Union Bank as the lender, holds the primary responsibility for keeping accurate records and the emails from Union Bank on May 23, 2013, February 28, 2013, January 24, 2013 and January 8, 2013! Show that Union Bank does not keep accurate records!  See, In re Parrish, 326 B.R. 708, 721 (Bankr. N.D. Ohio 2005), and In re Jacobson, 5 B.R. 274, 277 (Bankr. D.S.D. 1980).  See Wells Fargo Bank, N.A. v. Jones (In re Jones), 439 Fed.Appx. 330 (5th Cir. 2011).  Wells Fargo Bank, N.A. v. Stewart (In re Stewart), 647 F.3d 553 (5th Cir. 2011).  See, e.g., In re Henry, 266 B.R. 457, 480 (Bankr. C.D.Cal. 2001)(Awarding interest in addition to compensatory damages under 362(h)).  Attached

 

Robert B. Forouzandeh/ Diana Jessup Lee:  Per Union Banks, May 23, 2013 email: There have been no “false accusations” As stated by Union Bank!  I trust that you will provide a copy of this communication to Union Bank and Union Bank President & Chief Executive Officer Masashi Oka!  Please again answer to the questions above and asked of Union Bank on May 13, 2013--March 14, 2013 -- February 8, 2013 and February 14, 2013 as seen at www.unionbank.me---- www.unionbancalcorp.com --- www.unionbancal.net -- www.union-bank.co and www.governorjerrybrown.net

 

 

Sincerely

 

Bill Bookout

 

CC Jeffery Frederick  Santa Barbara District Attorney Supervising Investigator

CC Judge Robin L. Riblet Case # ND11-15818-RR

CC Elizabeth F. Rojas Chapter 13 Trustee  Fax (818) 933-5755

CC United States Small Business Administration

 

 

From: Robert Forouzandeh [mailto:rforouzandeh@rppmh.com]
Sent: Thursday, May 23, 2013 5:30 PM
To: Bill Bookout
Subject: Santa Barbara Superior Court Case # 1381216

 

Mr. Bookout,

 

The Real Estate Settlement Practice Act is not applicable to loans made for business purposes.  The Truth in Lending Act requires a lender to disclose certain pieces of information to a borrower prior to extending credit.  Your SBA loan was funded in 2003.  Therefore your “Full RESPA and Truth in Lending Act request” is unintelligible.

 

Your May 13, 2013 letter sent directly to Union Bank, your May 16, 2013 and your May 23, 2013 online correspondences sent to Union Bank, all of which were filled with false accusations about your loan constituted three additional violations of the Restraining Order entered in the above entitled action.  On numerous occasions, I have demanded that you cease contacting Union Bank directly and to comply with the terms of the Restraining Order by directing all communications pertaining to your loan to either Diana Jessup Lee or me.  To date, Ms. Lee and I have repeatedly answered your questions.  Your continuing violations of the Restraining Order are not justified and will no longer be tolerated.

 

Furthermore, I have been notified that you telephoned my office this afternoon and were verbally abusive to two members of our staff.  In the future, if you contact this office via telephone, I demand that you treat all staff members with civility and respect.  It is this type of conduct on your part which led to the Restraining Order being issued.

 

If you contact Union Bank directly again, your violation will be reported to the Court and will subject you to contempt proceedings.   

 

 

Robert B. Forouzandeh

Attorney at Law

Reicker, Pfau, Pyle & McRoy LLP

1421 State Street, Suite B

Santa Barbara, CA  93101

 

Tel:  805-966-2440805-966-2440

Fax:  805-966-3320

E-mail: rforouzandeh@rppmh.com

Website:  www.reickerpfau.com

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

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

 

From: Bill Bookout [mailto:pismobeachdiveshop@charter.net]
Sent: Monday, May 13, 2013 7:57 AM
To: dlee@rppmh.com
Cc: ptrujillo@ch13wla.com; pbrinks@cappellonoel.com; sandiego@sba.gov; da, sbcounty (sbcountyda@co.santa-barbara.ca.us); sanschromo@yahoo.com; Richard Rossi (richard@rossilegal.com); 'Mendoza, Carlos G.' (Carlos.Mendoza@sba.gov); Kaplan, Adam D.(Off. Inspector Gen.) <adam.kaplan@sba.gov> (adam.kaplan@sba.gov); Ashker, Terrill K. <terrill.ashker@sba.gov> (terrill.ashker@sba.gov)
Subject: RE: Union Bank SBA PLP Loan Fraud as presented by Union Bank to the Santa Barbara Superior Court Commissioner Denise Motter. Case # 1381216

 

May 13, 2013

 

Union Bank President & Chief Executive Officer Masashi Oka

Diana Jessup Lee, Esq.  California State Bar # 155191

Reicker, Pfau, Pyle & McRoy LLP

1421 State Street, Suite B

Santa Barbara, CA  93101

 

Dear Union Bank SBA Loan Representative Diana Jessup Lee and Union Bank President & Chief Executive Officer Masashi Oka

 

Please consider this email to be A full RESPA and Truth in Lending Act request of Union Bank.  Please immediately provide an accounting of the Union Bank successor to SBB&T, Attorney fees of $73,599.09 during Bankruptcy per the questions asked of Patricia Trujillo/ Elizabeth F. Rojas, Chapter 13 Trustee on May 3, 2013!   Diana Jessup Lee, Again I am requesting a current, Union Bank Loan Transaction history from 2003 to present!  I am requesting a current SBA loan Transaction History (SBA Form 1149) per  Union Bank successor to SBB&T changing the August 29, 2011 SBA Form 1149 loan transaction history during Bankruptcy in front of Judge Robin L. Riblet!

 

Diana Jessup Lee, Union Banks February 28, 2013 email statement from Mr. Robert B. Forouzandeh  ( “IRS 1098 Forms and amortization schedules are two different things with different purposes.  Our May 6, 2011 amortization schedule is accurate.”)  Shows Union Banks Senior Vice Presidents Christine Sontag’s errors per her Declaration on  December 20, 2013!  Diana Jessup Lee an Amortization schedule is not an official Union Bank record as believed by Mr. Robert B. Forouzandeh and yourself with Union Banks emails on January 8, 2013 and January 24, 2013!  (An Amortization Schedules 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.) Please view George C. Lazars January 25, 2011 email attached!  Explain as to what Union Bank has done with the extra principal paid per the August 29, 2011 SBA Form 1149 as Richard Rossi presented to Judge Robin L. Riblet?

 

Diana Jessup Lee, Please provide an accounting of the Oceano Nursery inventory sold after April 13, 2012 by Santa Barbara Bank & Trust to Rick Gambril!

 

Chris Gautschi and Richard Rossi are both my Bankruptcy Attorneys!  Please provide each them a copy of a current Union Banks SBA Loan Transaction History from 2003 to present.  Please provide Chris Gautschi, Richard Rossi with Union Banks answers to the questions asked of Union Bank on March 14, 2013 -- February 8, 2013 and February 14, 2013 as seen at www.unionbank.me---- www.unionbancalcorp.com --- www.unionbancal.net and www.union-bank.co !

 

Sincerely

 

Bill Bookout

 

CC Jeffery Frederick  Santa Barbara District Attorney Supervising Investigator

CC Judge Robin L. Riblet Case # ND11-15818-RR

CC Elizabeth F. Rojas Chapter 13 Trustee  Fax (818) 933-5755

CC Chris Gautschi

CC Richard Rossi

From: Robert Forouzandeh [mailto:rforouzandeh@rppmh.com]
Sent: Thursday, February 28, 2013 5:18 PM
To: Bill Bookout
Cc: Richard Rossi [richard@rossilegal.com] (
richard@rossilegal.com); Chris Gautschi (sanschromo@yahoo.com)
Subject: RE: Union Bank SBA PLP Loan Fraud as presented by Union Bank to theSanta Barbara Superior Court Commissioner Denise Motter. Case # 1381216

 

Mr. Bookout,

 

Here are the answers to your questions posed below:

 

  1.  On February 19, 2013, I sent your February 2013 Billing Statement to your attorney.  The March statement will be sent to your attorney in late-March when it is prepared.
  2. The attorneys’ fees credited as a result of the foreclosure of the Oceano property were credited as provided in your Deed of Trust.  This process was supervised by the Bankruptcy Court.
  3. SBBT required no such thing.
  4. SBBT did not breach the 2007 Forbearance Agreement.
  5. In response to your question pertaining to your 2007 IRS Form 1098:  As a result of your many defaults on your loan, there have been many changes to your loan calculations.  The settlement you negotiated in the 2007 Forbearance Agreement was very unique and benefitted you in ways that were contrary to your loan terms, as well as the bank’s standard procedures.  The department which sends out the IRS Forms 1098, which is separate from the department that handles your loan, was not aware of the more favorable terms given to you.  The interest amount listed in the 2007 Form 1098 does not affect how your loan has been credited or amortized by SBBT. 
  6. SBBT did not commit fraud.
  7. IRS 1098 Forms and amortization schedules are two different things with different purposes.  Our May 6, 2011 amortization schedule is accurate.

 

 

Robert B. Forouzandeh

Attorney at Law

Reicker, Pfau, Pyle & McRoy LLP

1421 State Street, Suite B

Santa Barbara, CA  93101

 

Tel:  805-966-2440805-966-2440

Fax:  805-966-3320

E-mail: rforouzandeh@rppmh.com

Website:  www.reickerpfau.com

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From: Robert Forouzandeh [mailto:rforouzandeh@rppmh.com]
Sent: Wednesday, February 13, 2013 6:22 PM
To: Bill Bookout (
Pismobeachdiveshop@charter.net)
Subject: Notice of Violation of Modified Restraining Order

 

Mr. Bookout:

 

On February 13, 2013 at 3:22 p.m. you communicated directly with Union Bank in violation of Section 6(a)(4) of the Modified Restraining Order entered on February 5, 2013.  As stated in that Order you “must direct any communications pertaining to [your] SBA Loan solely to Diana Jessup Lee or Robert Forouzandeh, and not to any officers, directors or employees of SBBT or Union Bank.” (Emphasis in original.)  Your violation constitutes contempt of Court.

 

This letter serves as a warning.  However, if you violate the Restraining Order again, we will bring your conduct to the Court’s attention, seek a contempt citation and pursue all available remedies.

 

I am compiling answers to questions in your recent email to my office.  Once I have gathered all necessary information, I will respond further.

 

Robert B. Forouzandeh

Attorney at Law

Reicker, Pfau, Pyle & McRoy LLP

1421 State Street, Suite B

Santa Barbara, CA  93101

 

Tel:  805-966-2440805-966-2440

Fax:  805-966-3320

E-mail: rforouzandeh@rppmh.com

Website:  www.reickerpfau.com

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

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From: Diana Lee [mailto:dlee@rppmh.com]
Sent: Thursday, January 24, 2013 11:21 AM
To: Vicki Cogley; Bill Bookout (Pismobeachdiveshop@charter.net)
Cc: Robert Forouzandeh
Subject: RE: Union Bank SBA PLP Loan Fraud as presented by Union Bank to the Santa Barbara Superior Court Commissioner Denise Motter. Case # 1381216

 

Mr. Bookout:

 

As I have done on numerous occasions, I direct you to Schedule 2 which was attached to my May 6, 2011 letter to you as well as my letter to you dated May 19, 2011 in which I explain that your $22,274.46 payment in July, 2007 was applied to satisfy your monthly  principal and interest payments due for May, June, July, August and September, 2006 which you had failed to pay.  The reduction in principal on your loan after application of this payment is confirmed in Schedule 2.  Why do you keep asking the same question?  If you believe my explanations are wrong, please state precisely why and explain your conclusion as opposed to simply asserting false conclusory statements. 

 

Again, please limit your correspondences to either me or Robert Forouzandeh and stop harassing Union Bank personnel who are not responsible for responding to your questions which contain hundreds of pages of emails that repeat ad nauseam your unfounded accusations and questions.

 

Diana Jessup Lee, Esq.

Reicker, Pfau, Pyle & McRoy LLP

1421 State Street, Suite B

Santa Barbara, CA  93101

 

Tel:  805-966-2440805-966-2440 ext. 463

Fax:  805-966-3320

E-mail: dlee@rppmh.com

Website:  www.reickerpfau.com

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From: Diana Lee [mailto:dlee@rppmh.com]
Sent: Tuesday, January 08, 2013 6:04 PM
To: Bill Bookout
Subject: RE: Union Bank SBA PLP Loan Fraud as presented by Union Bank to the Santa Barbara Superior Court. Case # 1381216

 

Mr. Bookout:

 

This email is in response to your email sent to me on January 7, 2013 at approximately 8:38 am.  I repeat the demand previously made by Robert Forouzandeh of my office that you cease contacting any Union Bank officers or employees pertaining to your SBA loan since their only involvement is as the successors to the Santa Barbara Bank & Trust (“SBBT”) personnel you have been ordered not to contact. 

 

As to the questions posed in your email, although both Mr. Forouzandeh and I have answered each of them on multiple prior occasions, I will do so again on behalf of Union Bank. 

 

1.       You ask about my “SBA loan training and knowledge…”  Both Mr. Forouzandeh and I have access to all necessary information pertaining to your SBA loan, and we are authorized by Union Bank to answer your questions.

2.       You ask for the “amount of inventory sold by Santa Barbara Bank & Trust/Union Bank with the sale of the Oceano Nursery Inventory.”  The answer is none.  On April 2, 2012, Mr. Forouzandeh wrote your attorney Mr. Gautschi stating that Santa Barbara Bank & Trust (“SBBT”) did not foreclose on any of the Oceano Nursery inventory, and that the foreclosure was limited to the real property.  The only “inventory” left at the Oceano property after the Trustees Sale was landscape rock.  In that same correspondence, Mr. Forouzandeh stated that you were free to pick up the landscape rock at any time and that if you failed to do so within a reasonable timeframe the landscape rock would be deem abandoned at which point SBBT would proceed to hire a hauling company to come to the property to remove the rocks.  Your reference to a 2007 Inventory Opinion Letter is misplaced since no inventory was foreclosed.  Furthermore, since the real property was not foreclosed until February 2012, the value and amount of inventory in 2007 is irrelevant. 

3.       You ask why SBBT/Union Bank “claimed…attorneys fees of $57,676.17…”   As we have previously stated, the note for your SBA loan specifically permits SBBT to charge you for the attorneys fees and costs incurred as a result of your default of the note, including those incurred in bankruptcy proceedings.  You defaulted on both the Note and then on the Forbearance Agreement.  On both occasions, you bombarded the bank’s attorneys and employees with duplicative and voluminous correspondences and false allegations which resulted in significant fees being incurred.  You then filed bankruptcy which resulted in SBBT incurring additional attorneys’ fees and costs to protect its position in the Bankruptcy.  Thus, not only is this amount permitted by the terms of your SBA loan, the amount is reasonable in light of your actions.

4.       You ask how SBBT “applied the 2007 five payments of $22,274.46…”  As I stated in detail in my May 19, 2011 letter, pursuant to the express terms of the Forbearance Agreement, the $22,274.46 payment was credited towards satisfying the principal and interest owed by you for the May 2006-September 2006 payments on your SBA loan which you had previously failed to make. 

5.       You ask how SBBT “can amortize a SBA loan…by adding into it unpaid principal and then claiming a balance owed of $465,195.50.”  Again, I specifically addressed this issue in my May 19, 2011 letter to you.  In 2007 your loan was past due $67,445.66.  You paid $22,274.46 which paid a portion of the past due principal and interest with the remaining $45,171.20 past due being added to the outstanding balance due and the combined total was re-amortized to assist you in bringing the loan current.  You expressly agreed to this when you entered into the Forbearance Agreement.  

6.       How SBBT “has a legal right to charge interest on principal…”  I am unclear what you mean by this question.  Lenders charge interest on the principal balance of loans.  That is legal. 

7.       You ask why SBBT “would file a fraudulent NOD…”  SBBT did not file a fraudulent NOD, and you have provided no evidence to the contrary. 

8.       You ask why “attorneys fees of $58,700.00 are due for asking banking questions…”  Your statement is incorrect.  The attorneys fees included in SBBT’s claim in your bankruptcy arose from your default on the SBA Loan, your default on the Forbearance Agreement, and your bankruptcy proceeding.  Had you not defaulted on your SBA loan, you would not have been charged these fees. 

9.       You ask how SBBT “feels a legal right to charge 10% of $265,000.00 as a standard Santa Barbara Bank & Trust foreclosure fee.”  SBBT did not “charge” a foreclosure fee.  The entity conducting the foreclosure charged a foreclosure fee, as is standard.     

10.   You ask why your loan balance was deemed to be $400,962.89 instead of $390,996.91 in November 2011.  As Mr. Forouzandeh stated to you in his November 23, 2011 email, the $390,996.91 balance was apparently obtained by you from SBBT's online banking feature which temporarily showed a principal balance of $390,996.91 for the loan.  The $390,996.91 was calculated using the fixed interest rate of 6% set forth in the Forbearance Agreement.  Due to your default on the Forbearance Agreement, the Forbearance Agreement was rescinded and the principal amount of the loan was re-calculated and re-amortized going back to the date of the Forbearance Agreement using the interest rate of Prime + 2% (as required in your original loan) for the time period between the date of the Forbearance Agreement and the date of the Proof of Claim with the loan being re-amortized on a yearly basis per SBA loan rules.  The Prime Rate during that period varied between 3.25%-8.25% and thus the interest rate for your loan during that period of time varied between 5.25%-10.25.  Since the interest rate was higher than the fixed 6% rate for much of this period, when the loan was re-calculated and re-amortized under the original loan terms, your principal amount increased to $400,962.89 due to the higher interest rate and the fact that you failed to make any payments for a large portion of that period of time.  The $390,996.91 balance temporarily appeared on SBBT's online account access for your loan because that system had not been updated to rescind the terms of the Forbearance Agreement and had not re-calculated or re-amortized your loan based on the original loan terms.

 

I trust that these responses answer your questions.  If you have any further questions pertaining to your SBA loan, please contact Robert Forouzandeh or me, but do not contact any SBBT or Union Bank officers or employees.

 

 

Diana Jessup Lee, Esq.

Reicker, Pfau, Pyle & McRoy LLP

1421 State Street, Suite B

Santa Barbara, CA  93101

 

Tel:  805-966-2440805-966-2440 ext. 463

Fax:  805-966-3320

E-mail: dlee@rppmh.com

Website:  www.reickerpfau.com

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

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From: Robert Forouzandeh [mailto:rforouzandeh@rppmh.com]
Sent: Wednesday, December 12, 2012 4:35 PM
To: Bill Bookout (Pismobeachdiveshop@charter.net)
Cc: Chris Gautschi (sanschromo@yahoo.com); Richard Rossi [richard@rossilegal.com] (richard@rossilegal.com)
Subject: RE: Bookout/PCB Mediation per thier Bank Fraud and Breach of Contract since 2007

 

Mr. Bookout,

 

Over the past several days you have transmitted at least four email correspondences directly to various Union Bank officers, employees and directors who are the successors to the Santa Barbara Bank & Trust (“SBBT”) individuals you were ordered not to contact.  Your conduct violates the spirit of the June 27, 2011 Restraining Order after Hearing to Stop Harassment issued against you by the Santa Barbara Superior Court (the “Restraining Order”).  As part of the Restraining Order you were precluded from communicating with any SBBT officers, directors or employees and were ordered to direct any questions pertaining to your SBBT Small Business Administration Loan only to either Diana Jessup Lee or myself

 

This letter shall serve as the one and only demand that you cease and desist from contacting any Union Bank officers, directors or employees pertaining to your SBBT Small Business Administration loan.  Failure to abide by this demand will result in Union Bank initiating legal action against you to extend the Restraining Order to explicitly cover all Union Bank officials.  In the event legal action becomes necessary to modify the Restraining Order, Union Bank will seek reimbursement of all of its attorneys’ fees and costs from you as permitted by statute.

 

Furthermore, as I have reminded you on countless occasions, since the initiation of your bankruptcy petition in the United States Bankruptcy Court, you are represented by counsel of record.  Any communication regarding your SBBT loan while you are represented by counsel must be directed through your counsel.

 

Lastly, I would like to address your December 2012 bank statement request.  As I told your attorney Mr. Gautschi on numerous occasions, the bank statements for your account are generated in the third or fourth week of each month.  Thus, no December 2012 statement has been created yet for your account.  Once the December 2012 statement is generated, I will immediately forward it to Mr. Gautschi as I have done before.  I provided your November 2012 statement to Mr. Gautschi on November 27, 2012.

 

 

Robert B. Forouzandeh

Attorney at Law

Reicker, Pfau, Pyle & McRoy LLP

1421 State Street, Suite B

Santa Barbara, CA  93101

 

Tel:  805-966-2440805-966-2440

Fax:  805-966-3320

E-mail: rforouzandeh@rppmh.com

Website:  www.reickerpfau.com

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From: Robert Forouzandeh [mailto:rforouzandeh@rppmh.com]
Sent: Monday, January 23, 2012 10:43 AM
To: Bill Bookout
Cc: Richard Rossi; Diana Lee; Karen Grant
Subject: RE: Bookout/PCB Mediation per thier Bank Fraud and Breach of Contract since 2007

 

Mr. Bookout:

 

This correspondence is provided to you for information purposes only and does not constitute a demand for payment.

 

As you are well aware, you have filed bankruptcy.  Thus, as your attorney will be able to advise you, all issues surrounding your secured loan, including any accountings to be provided by secured creditors, are governed by federal statute.  Santa Barbara Bank and Trust has provided to you all accountings and records required by federal statute.  I again reiterate, your January post-petition payment to Santa Barbara Bank & Trust was $4,077.32 and your February 2012 post-petition payment along with all future post-petition payments for the 2012 calendar year are $4,389.64 per month. 

 

As to your question about the lack of late charges on your January 19, 2012 Statement that I provided to you, if you examine it closely, you will see that the late charges are identified as "Post Petition Late Charges Due".  This section only covers late charges that have accrued for the period of time since you filed your latest bankruptcy petition.

 

Lastly, as I have now stated to you on multiple occasions, the Santa Barbara Superior Court issued a restraining order against you (at a hearing in which you attended) which precluded you from contacting anyone at Santa Barbara Bank & Trust other than Diana Jessup Lee and myself.  That restraining order is still in full force and effect.  Again, as I am sure your attorney can advise you, any attempt by you to contact anyone at Santa Barbara Bank & Trust other than Diana Jessup Lee or myself would result in you being held in contempt of a valid Court Order by the Court.

 

Robert B. Forouzandeh

Attorney at Law

Reicker, Pfau, Pyle & McRoy LLP

1421 State Street, Suite B

Santa Barbara, CA  93101

 

Tel:  805-966-2440805-966-2440

Fax:  805-966-3320

E-mail: rforouzandeh@rppmh.com

Website:  www.reickerpfau.com

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

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From: Robert Forouzandeh [mailto:rforouzandeh@rppmh.com]
Sent: Friday, January 20, 2012 11:57 AM
To: Richard Rossi; Bill Bookout
Cc: Karen Grant; Diana Lee
Subject: In re William Arthur Bookout USBC Cen. Dist. CA. Case No. 9:11-bk-15818

 

Mr. Rossi:

 

Pursuant to the Addendum to Chapter 13 Plan Concerning Debtors Who Are Repaying Debt Secured by a Mortgage on Real Property filed by you on behalf of Mr. Bookout in the above entitled matter, secured creditor Santa Barbara Bank & Trust hereby submits the following monthly loan statement for Mr. Bookout's loan for the months of January and February 2012.  I have also attached the payment amount change notice as well.  As you will see, and as Mr. Bookout has mentioned on multiple occasions in the past, pursuant to the terms of Mr. Bookout's note, his loan was re-amortized this month and his new payment amount will be $4,389.64.  The new payment amount is effective for the post petition payment due on February 6, 2012.  Please be advised that Mr. Bookout has not tendered his post petition payment for January 2012 in the amount of $4,077.32 which is why this amount is listed as being "Post Petition Past Due Amount" on the monthly statement.

 

Pursuant to federal statute, this information is being provided to you and Mr. Bookout for information purposes only and these documents do not constitute demand for payment. 

 

If there are any questions, I would suggest that you, as opposed to your client, contact me to discuss further.

 

Robert B. Forouzandeh

Attorney at Law

Reicker, Pfau, Pyle & McRoy LLP

1421 State Street, Suite B

Santa Barbara, CA  93101

 

Tel:  805-966-2440805-966-2440

Fax:  805-966-3320

E-mail: rforouzandeh@rppmh.com

Website:  www.reickerpfau.com

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

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From: Robert Forouzandeh [mailto:rforouzandeh@rppmh.com]
Sent: Thursday, January 19, 2012 3:24 PM
To: Bill Bookout
Cc: Karen Grant; Richard Rossi; Diana Lee
Subject: RE: Bookout/PCB Mediation per thier Bank Fraud and Breach of Contract since 2007

 

Mr. Bookout:

 

I again remind you that the Santa Barbara Superior Court ordered you not to contact anyone at Santa Barbara Bank and Trust other than Diana Jessup Lee and myself.  The Restraining Order still stands and remains in full force and effect.  If you fail to abide by its terms, the Court will take action against you accordingly.

 

Additionally, you have failed to confirm whether you conducted an unauthorized recording of our telephone conversation yesterday as you orally represented to me at the very end of the call.  If your statement was true, then your recording would constitute a criminal act on your part. 

 

As to the questions you have posed in your email below.  I have answered each and every one of them on multiple occasions in the past.  All of the answers you seek can be found in the prior communications you have received from Ms. Lee and/or myself.  In fact, you have even cut and pasted and included many of my answers to your questions in the email below.  Simply because you did not like our prior answers does not mean that our answers will change if you ask the same question over and over again. 

 

I should not have to remind you again that you are represented by counsel in your currently pending bankruptcy petition.  Any questions should be directed through your attorney of record.

 

Robert B. Forouzandeh

Attorney at Law

Reicker, Pfau, Pyle & McRoy LLP

1421 State Street, Suite B

Santa Barbara, CA  93101

 

Tel:  805-966-2440805-966-2440

Fax:  805-966-3320

E-mail: rforouzandeh@rppmh.com

Website:  www.reickerpfau.com

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

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From: Robert Forouzandeh [mailto:rforouzandeh@rppmh.com]
Sent: Wednesday, January 18, 2012 3:30 PM
To: Bill Bookout
Cc: Richard Rossi; Diana Lee; Karen Grant
Subject: RE: Bookout/PCB Mediation per thier Bank Fraud and Breach of Contract since 2007

 

Mr. Bookout:

 

First, you have refused to answer my question as to whether or not you recorded our telephone conversation from earlier this morning, as you orally told me that you had done.  If in fact you did record the telephone call, this would constitute a criminal act in violation of California Penal Code Section 632.

 

In regards to the May 19, 2011 from Diana Jessup Lee to you.  This letter is not fraudulent and we continue to stand by its validity and accuracy.  In that letter, Ms. Lee specifically stated that the $465,195.50 figure, "does not include any late fees, attorneys fees or any other charges other than principal and interest."  (emphasis in original)  As you are well aware, both your original note and the forbearance agreement allow SBBT to add late fees, attorneys fees and other costs incurred by SBBT as a result of your default of the note or the forbearance agreement.

 

In regards to the SBA Form 1149 of August 29, 2011, as I told you during the telephone call, this form was calculated using the figures and interest rate from the Forbearance Agreement.  Due to your default of the Forbearance Agreement, the Bank, as it was permitted to in the Forbearance Agreement, elected to revoke the benefits that the Forbearance Agreement provided to you.  This resulted in a recalculation of your loan based on the original note terms.  Due to the fact that the interest rate for your loan is lower based on the original method of calculation (Prime Rate + 2%= 5.25%) as opposed to the 6% fixed rate set forth in the Forbearance Agreement this was the crucial factor which resulted in the monthly payment amount being reduced to the amount set forth in SBBT's various filings in your bankruptcy proceeding.  Thus, neither the August 29, 2011 Form 1149 nor SBBT's bankruptcy filings are incorrect or fraudulent as you contend.

 

At no point during our telephone conversation did we discuss any issues surrounding your inverse condemnation case.  Your claim that we discussed this issue is patently false.

 

As I stated to you during the telephone call, SBBT will not forgive either the deed of trust against the Oceano property or the Pismo Beach property unless your loan to SBBT is satisfied. 

 

Lastly, I have stated to you on numerous occasions, due to your currently pending bankruptcy proceeding in which you are represented by counsel, it is highly inappropriate for you to be contacting me directly, as opposed to through your attorney of record.  This morning's telephone call during which you illegally recorded the call without my approval is a prime example.

 

Robert B. Forouzandeh

Attorney at Law

Reicker, Pfau, Pyle & McRoy LLP

1421 State Street, Suite B

Santa Barbara, CA  93101

 

Tel:  805-966-2440805-966-2440

Fax:  805-966-3320

E-mail: rforouzandeh@rppmh.com

Website:  www.reickerpfau.com

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

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From: Robert Forouzandeh [mailto:rforouzandeh@rppmh.com]
Sent: Wednesday, January 18, 2012 3:26 PM
To: Bill Bookout
Cc: Diana Lee; Richard Rossi
Subject: RE: Bookout/PCB Mediation per thier Bank Fraud and Breach of Contract since 2007

 

Mr. Bookout:

 

Your reference to the document that you have attached an image of below is not helpful for your position as it is not current and your account balance has changed significantly since that time due to your failure to make any payments on the loan other than for October and November 2011.

 

More importantly, please read the language of the second paragraph where it specifically states in capital letters, "ACCEPTANCE OF ALL NET PROCEEDS OR THE AMOUNT SPECIFIED ABOVE DOES NOT CONSTITUTE FULL PAYMENT OF THE INDEBTEDNESS AND ANY REMAINING BALANCE WILL STILL BE OWED BY THE BORROWER AND GUARANTORS." 

 

Thus, neither Mr. Lutz's declaration nor the Demand Statement are inaccurate.

 

Robert B. Forouzandeh

Attorney at Law

Reicker, Pfau, Pyle & McRoy LLP

1421 State Street, Suite B

Santa Barbara, CA  93101

 

Tel:  805-966-2440805-966-2440

Fax:  805-966-3320

E-mail: rforouzandeh@rppmh.com

Website:  www.reickerpfau.com

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

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

 

From: 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:  805-966-2440805-966-2440

Fax:  805-966-3320

E-mail: rforouzandeh@rppmh.com

Website:  www.reickerpfau.com

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

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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:  805-966-2440805-966-2440

Fax:  805-966-3320

E-mail: dlee@rppmh.com

Website:  www.reickerpfau.com

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

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

 


From: Robert Forouzandeh [mailto:rforouzandeh@rppmh.com]
Sent: Wednesday, November 30, 2011 12:24 PM
To: 'Richard Rossi'
Cc: 'Chris Gautschi'; Diana Lee; 'Karen Grant'; Bill Bookout; Mary Jo Barbeau
Subject: RE: Santa Barbara Bank & Trust Loan Fraud and Breach of Contract SBA PLP Loan # 664-196-4009

 

Mr. Rossi:

 

Your client is asking what his December 2011 payment to Santa Barbara Bank and Trust ("SBBT") should be.  I would direct his attention to the Proof of Claim filed by SBBT in Mr. Bookout's bankruptcy proceeding, which states that Mr. Bookout's post-petition payments to Santa Barbara Bank & Trust should be $4,077.32.  This amount is based on the recalculated principal balance of $400,962.89 which was determined as a result of Mr. Bookout's pre-petition default of the Forbearance Agreement (which had a fixed interest rate of 6%) resulting in the termination of the interest rate afforded under the Forbearance Agreement.  I have explained this re-calculation process to your client on several occasions.

 

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.

 

Please contact me if you have any questions.

 

Robert B. Forouzandeh

Attorney at Law

Reicker, Pfau, Pyle & McRoy LLP

1421 State Street, Suite B

Santa Barbara, CA  93101

 

Tel:  805-966-2440805-966-2440

Fax:  805-966-3320

E-mail: rforouzandeh@rppmh.com

Website:  www.reickerpfau.com

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

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From: Robert Forouzandeh [mailto:rforouzandeh@rppmh.com]
Sent: Wednesday, November 23, 2011 10:22 AM
To: Bill Bookout
Cc: Richard Rossi; sanschromo@yahoo.com; kgrant@silcom.com; Diana Lee
Subject: FW: Santa Barbara Bank & Trust Loan Fraud and Breach of Contract SBA PLP Loan # 664-196-4009

 

Mr. Bookout:

 

Since you have retained legal counsel, I have stated to you on more than three occasions now, any questions, comments or concerns pertaining to your SBBT loan should be directed through your attorneys only.

 

With that being said, I did notice one new question that you have posed in your email below which does not pertain to any legal matters and I will proceed to answer it at this time and CC your attorneys on this email so that it is not construed as an ex parte communication.

 

You ask: "How did Santa Barbara Bank & Trust come up with a principal balance owed of $400,962.89..."  In doing so, you post what appears to be a cut and paste excerpt from SBBT's website which shows a principal balance of $390,996.91 for the loan. 

 

Our response is as follows:  The $390,996.91 was calculated using the fixed interest rate of 6% set forth in the Forbearance Agreement.  Due to your default of the Forbearance Agreement, the Forbearance Agreement was rescinded (as permitted by its terms) and the principal amount of the loan was re-calculated and re-amortized going back to the date of the Forbearance Agreement using the interest rate of Prime + 2% (as required in your original loan) for the time period between the date of the Forbearance Agreement and the date of the Proof of Claim with the loan being re-amortized on a yearly basis per SBA loan rules.  The Prime Rate during that period varied between 3.25%-8.25% and thus the interest rate for your loan during that period of time varied between 5.25%-10.25%.  Since the interest rate was higher than the fixed 6% rate for much of this period, when the loan was re-calculated and re-amortized under the original loan terms, your principal amount increased to $400,962.89 due to the higher interest rate and the fact that you failed to make any payments for a large portion of that period of time.  The $390,996.91 balance appears on SBBT's online account access for your loan because that system has not been updated to rescind the terms of the Forbearance Agreement and has accordingly not re-calculated or re-amortized your loan based on the original loan terms.

 

I hope this answers your question.  Again, please direct any future questions, comments or concerns through your attorneys only.

 

Robert B. Forouzandeh

Attorney at Law

Reicker, Pfau, Pyle & McRoy LLP

1421 State Street, Suite B

Santa Barbara, CA  93101

 

Tel:  805-966-2440805-966-2440

Fax:  805-966-3320

E-mail: rforouzandeh@rppmh.com

Website:  www.reickerpfau.com

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From: Robert Forouzandeh [mailto:rforouzandeh@rppmh.com]
Sent: Friday, November 18, 2011 4:33 PM
To: Bill Bookout
Cc: 'Chris Gautschi'; 'Richard Rossi'; Diana Lee
Subject: RE: plan

 

Mr. Bookout:

 

As I have repeatedly stated to you in the past, you are represented by counsel.  In fact, you have included them as recipients of your email.  Please direct any requests, demands or any other information through them and them only.  Please do not contact me directly again while you are represented by counsel.

 

With that being said, as I have done on countless occasions in the past, I deny each and every one of the false allegations that you have set forth in your email below.  There is nothing deficient about the May 19, 2011 NOD.  Santa Barbara Bank and Trust will not rescind it.  We have reviewed all of the information pertaining to this NOD and it is valid.

 

Robert B. Forouzandeh

Attorney at Law

Reicker, Pfau, Pyle & McRoy LLP

1421 State Street, Suite B

Santa Barbara, CA  93101

 

Tel:  805-966-2440805-966-2440

Fax:  805-966-3320

E-mail: rforouzandeh@rppmh.com

Website:  www.reickerpfau.com

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From: Robert Forouzandeh [mailto:rforouzandeh@rppmh.com]
Sent: Wednesday, September 07, 2011 5:12 PM
To: Bill Bookout
Subject: RE: Santa Barbara Bank & Trust Theft of Principal, Breach of Contract and Mortgage Modification Fraud.

 

Mr. Bookout,

 

Thank you for faxing and emailing to me this afternoon the OCC letters dated July 16, 2008, June 30, 2011, July 15, 2011, August 2, 2011 and August 30, 2011.  I have now reviewed these documents and am prepared to respond.  My review of the 5 OCC letters that you have provided does not alter my prior conclusion that there is not a single piece of evidence which would even imply any acts of "Predatory Lending, Breach of Contract and Fraud" on the part of Santa Barbara Bank & Trust.  In fact, after reviewing the OCC letters the only thing that is clear to me is that you are in breach of contract with Santa Barbara Bank & Trust as a result of your default on your loan.

 

Specifically, the following quotes demonstrate that the OCC has not made any findings of wrongdoing on the part of Santa Barbara Bank & Trust: 

    1.  July 16, 2008 Letter, the OCC stated, "The OCC cannot resolve contractual disputes between national banks and their customers.  When a clearly defined civil dispute develops, an agency such as the OCC would be acting beyond its authority as a trier of fact or adjudicator of civil disputes."

    2.  June 30, 2011 Letter, the OCC stated, "As your difficulty with the bank was in mediation and is subject of litigation, it is inappropriate for the Office of the Comptroller of the Currency (OCC) to intervene in this case."

    3.  July 15, 2011 Letter, the OCC stated, "Because your matter is a contractual dispute and the subject of arbitration, the OCC cannot comment on any information you may have received.  Based on the current course of events between you and the bank, we are unable to assist you further."

    4.  August 2, 2011 Letter, the OCC stated, "The OCC does not have the authority to intervene in such matters.  We have previously responded to you on July 16, 2008, January 7, 2009 and June 30, 2011.  Our position has not changed.  We will no longer respond to phone calls or correspondences regarding this issue.  This letter represents our final response."

    5.  August 30, 2011 Letter, the OCC stated, "As your dispute with the bank involves a business loan and therefore is governed by the contract signed between you and the bank, consumer compliance laws do not apply."

 

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.

 

Robert B. Forouzandeh

Attorney at Law

Reicker, Pfau, Pyle & McRoy LLP

1421 State Street, Suite B

Santa Barbara, CA  93101

 

Tel:  805-966-2440805-966-2440

Fax:  805-966-3320

E-mail: rforouzandeh@rppmh.com

Website:  www.reickerpfau.com

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From: Robert Forouzandeh [mailto:rforouzandeh@rppmh.com]
Sent: Wednesday, September 07, 2011 9:36 AM
To: Bill Bookout
Subject: RE: Santa Barbara Bank & Trust Theft of Principal, Breach of Contract and Mortgage Modification Fraud.

 

Mr. Bookout:

 

Although Ms. Lee and I have answered this question repeatedly and the amortization schedules that we provided to you in May speak for themselves, I will answer this question one last time in the hopes of providing you with clarity once and for all.

 

As you will see at the top of Amortization Schedule 1, it clearly shows that $22,274.46 was reduced from the outstanding balance of principal and interest due on the loan at the time of the forbearance agreement.  This is why the $22,274.46 is placed inside of parenthesis ($22,274.46) on the Amortization Schedule.  The fact that it is in parenthesis shows that it was reduced from the outstanding balance of principal and interest owed on the loan at that time.  Similarly, at the top of Amortization Schedule 2, it shows that your Principal Balance "after 5 payments" was $416,898.31.  The "5 payments" refers to the $22,274.46.  Thus, the $22,274.46 was reduced from the principal and interest on the loan (the outstanding balance) prior to the loan being re-amortized pursuant to the Forbearance Agreement.

 

I trust that this explanation will answer your questions about the manner in which the $22,274.46 was credited towards your account.

 

As to the alleged comments from the OCC:  You continue to ignore our request that you provide us with copies of the OCC letters dated July 16, 2008, June 30, 2011 and August 2, 2011 which you continually refer to.  I am unable to comment on those letters until you send them to me.

 

Additionally, I have reviewed your two newest correspondences and my position remains the same:  After reviewing all of your emails and correspondences, I have not found a single piece of evidence which would even imply any acts of "Predatory Lending, Breach of Contract and Fraud" on the part of Santa Barbara Bank & Trust.

 

Robert B. Forouzandeh

Attorney at Law

Reicker, Pfau, Pyle & McRoy LLP

1421 State Street, Suite B

Santa Barbara, CA  93101

 

Tel:  805-966-2440805-966-2440

Fax:  805-966-3320

E-mail: rforouzandeh@rppmh.com

Website:  www.reickerpfau.com

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

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

 


From: Robert Forouzandeh [mailto:rforouzandeh@rppmh.com]
Sent: Friday, September 02, 2011 4:31 PM
To: Bill Bookout
Subject: RE: Santa Barbara Bank & Trust Theft of Principal, Breach of Contract and Mortgage Modification Fraud.

 

Mr. Bookout,

 

Yet again, you continue to blatantly ignore our request that you provide us with copies of the OCC letters dated July 16, 2008 and June 30, 2011 that you refer to.  Furthermore, in your latest email you also cite to an OCC letter dated August 2, 2011.  You fail to attach this letter as well.

 

As stated before, your failure to send us copies of these letters leads us to believe that your references to these letters may not be accurate.  Without copies of these three letters, we are unable to respond to your questions pertaining to those letters.  Please forward these alleged letters to me at your earliest convenience so that I may review them and respond to your questions accordingly.


As to the other questions you have chosen to again repeat in your most recent email, I again repeat that all of these questions have been answered by either myself or Ms. Lee exhaustively and I would direct you to our prior correspondences to you for the answers that you seek.

Robert B. Forouzandeh

Attorney at Law

Reicker, Pfau, Pyle & McRoy LLP

1421 State Street, Suite B

Santa Barbara, CA  93101

 

Tel:  805-966-2440805-966-2440

Fax:  805-966-3320

E-mail: rforouzandeh@rppmh.com

Website:  www.reickerpfau.com

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

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

 


From: Robert Forouzandeh [mailto:rforouzandeh@rppmh.com]
Sent: Thursday, September 01, 2011 3:12 PM
To: Bill Bookout
Subject: RE: Santa Barbara Bank & Trust Theft of Principal, Breach of Contract and Mortgage Modification Fraud.

 

Mr. Bookout,

 

You continue to blatantly ignore our request that you provide us with copies of the OCC letters dated July 16, 2008 and June 30, 2011 that you refer to.  As stated before, your failure to send us copies of these letters leads us to believe that these references may not be accurate.  Without copies of these two letters, we are unable to respond to your questions pertaining to those letters.  Please forward these alleged letters to me at your earliest convenience so that I may review them and respond to your questions accordingly.


As to the other questions you have posed in your most recent email, I again repeat that all of these questions have been answered by either myself or Ms. Lee exhaustively and I would direct you to our prior correspondences to you for the answers that you seek.

 

 

Robert B. Forouzandeh

Attorney at Law

Reicker, Pfau, Pyle & McRoy LLP

1421 State Street, Suite B

Santa Barbara, CA  93101

 

Tel:  805-966-2440805-966-2440

Fax:  805-966-3320

E-mail: rforouzandeh@rppmh.com

Website:  www.reickerpfau.com

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

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


From: Diana Lee [mailto:dlee@rppmh.com]
Sent: Wednesday, August 31, 2011 3:38 PM
To: Bill Bookout
Cc: Robert Forouzandeh
Subject: RE: Santa Barbara Bank & Trust Theft of Principal, Breach of Contract and Mortgage Modification Fraud.

 

Dear Mr. Bookout:

 

You purport to quote from letters from the OCC dated July 16, 2008 and June 30, 2011, yet you refuse to provide us with copies of these letters.  Accordingly, we suspect your references to these letters are inaccurate.  We have answered your questions many times over, yet you refuse to answer our request for these letters.  Please provide the letters if you want us to respond further to your accusations.

 

Diana Jessup Lee, Esq.

Reicker, Pfau, Pyle & McRoy LLP

1421 State Street, Suite B

Santa Barbara, CA  93101

 

Tel:  805-966-2440805-966-2440

Fax:  805-966-3320

E-mail: dlee@rppmh.com

Website:  www.reickerpfau.com

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

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


From: Robert Forouzandeh [mailto:rforouzandeh@rppmh.com]
Sent: Friday, August 26, 2011 11:42 AM
To: Bill Bookout
Subject: RE: Santa Barbara Bank & Trust Theft of Principal, Breach of Contract and Mortgage Modification Fraud.

 

Mr. Bookout,

 

I have repeatedly asked you to provide me with copies of the July 16, 2008 and June 30, 2011 OCC letters that you claim that you are citing to.  You have failed to do so.  Therefore, I am unable to respond to the allegations you make in reference to those letters.

 

Please forward those letters to me at your convenience so that I can review them and respond.

 

Robert B. Forouzandeh

Attorney at Law

Reicker, Pfau, Pyle & McRoy LLP

1421 State Street, Suite B

Santa Barbara, CA  93101

 

Tel:  805-966-2440805-966-2440

Fax:  805-966-3320

E-mail: rforouzandeh@rppmh.com

Website:  www.reickerpfau.com

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

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


From: Robert Forouzandeh [mailto:rforouzandeh@rppmh.com]
Sent: Thursday, August 25, 2011 2:38 PM
To: Bill Bookout
Subject: RE: Santa Barbara Bank & Trust Theft of Principal, Breach of Contract and Mortgage Modification Fraud.

 

Mr. Bookout:

 

We have repeatedly, in writing, denied your false allegations of "the Bank Fraud and Breach of Contract committed by Santa Barbara Bank & Trust since 2007" and provided you with the evidence to substantiate our position.  We continue to stand by this denial.  We have also repeatedly told you that any delay in responding to your allegations does not constitute an admission of your allegations.

 

It must also be noted that neither the SBA, FDIC or OCC has made any findings of improper conduct on the part of Santa Barbara Bank and Trust in relation to your loan.

 

As I have stated to you on numerous occasions, the correspondences to you from Ms. Lee dated May 6, May 26, May 31, June 28, July 5 and July 15, 2011 and the correspondences to you from myself dated August 2 and 3 provide ample evidence to refute all of your false allegations against Santa Barbara Bank & Trust.  Please direct your attention to those documents.

 

Robert B. Forouzandeh

Attorney at Law

Reicker, Pfau, Pyle & McRoy LLP

1421 State Street, Suite B

Santa Barbara, CA  93101

 

Tel:  805-966-2440805-966-2440

Fax:  805-966-3320

E-mail: rforouzandeh@rppmh.com

Website:  www.reickerpfau.com

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

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From: Robert Forouzandeh [mailto:rforouzandeh@rppmh.com]
Sent: Friday, August 12, 2011 4:41 PM
To: Bill Bookout
Subject: RE: Bookout/PCB Mediation per their Bank Fraud and Breach of Contract since 2007'Senator.Lowenthal@senate.ca.gov'

 

Mr. Bookout,

 

You continue to repeat the same questions that Diana Lee and myself have repeatedly answered.  I again direct your attention to the correspondences sent to you by Diana Lee on the following dates: May 6, May 26, May 31, June 28, July 5 and July 15, 2011.  I also direct you to my correspondences to you dated: August 2 and 3, 2011.  All of the questions that you have posed in your email below have been answered in the emails that I have identified.

 

Robert


From: Robert Forouzandeh [mailto:rforouzandeh@rppmh.com]
Sent: Wednesday, August 03, 2011 10:18 AM
To: Bill Bookout
Subject: RE: Bookout/PCB Mediation per their Bank Fraud and Breach of Contract since 2007

 

Mr. Bookout:

 

In response to your questions  :

 

"Wasn’t the deferred payments amortized from 2007 into this loan as presented to the Internal Revenue Service by Santa Barbara Bank & Trust for 2007 and 2008?

 

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

 

My response is as follows: Initially, the deferred payments were amortized into the loan after execution of the forbearance.  This was indicated in the two amortization schedules that Ms. Lee provided to you previously.  Subsequently, you defaulted on the loan and the forbearance agreement by failing to make payments.  Pursuant to Section 4(b)(ii) of the Forbearance (which you cut and pasted to your email below), "In the event of default under this Agreement or the Applicable Loan Documents, Bank shall be entitled to cancel the forbearance applicable to the Deferred Payments and shall be entitled to demand that Borrower within fifteen (15) business days of the demand, pay to Bank in full (i) the Deferred Payments and (ii) the Deferred Late Charges..."  Accordingly, after you defaulted on the Forbearance Agreement, Santa Barbara Bank and Trust demanded  that you pay the entire Deferred Payment amount in full within 15 business days, which you failed to do.  Accordingly, this amount was added to the Notice of Default which was recorded against your property in May.

 

All other questions that you pose in your latestemail were previously answered by Ms. Lee in the various emails that I identified below. 

 

I hope that this clears up any confusion that you may have as to the handling of your loan.

 

Robert


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

 

Mr. Bookout,

 

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

 

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

Thank you.

 

Robert


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

 

Mr. Bookout,

 

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

 

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

 

Thank you.

 

Robert B. Forouzandeh

Attorney at Law

Reicker, Pfau, Pyle & McRoy LLP

1421 State Street, Suite B

Santa Barbara, CA  93101

 

Tel:  805-966-2440805-966-2440

Fax:  805-966-3320

E-mail: rforouzandeh@rppmh.com

Website:  www.reickerpfau.com

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

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

 


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

 

Dear Mr. Bookout,

 

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

 

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

 

Diana Lee.

 


From: Diana Lee [mailto:dlee@rppmh.com]
Sent: Tuesday, July 05, 2011 6:20 PM
To: Bill Bookout
Subject: RE: Bookout/PCB Mediation per thier Bank Fraud and Breach of Contract since 2007

 

Dear Mr. Bookout,

 

Pacific Capital Bank has not breached the 2007 Forbearance Agreement, and I never said otherwise.

 

We have repeatedly answered all of the questions you ask.  You simply do not like the answers, so you selectively refer to old documents.  The schedules and "computerized records" you request were included with and explained in my May 6 letter.  The bank cannot and will not buy you a new home, re-establish your failed business or pay the judgments entered against you.

 

Diana Jessup Lee, Esq.

Reicker, Pfau, Pyle & McRoy LLP

1421 State Street, Suite B

Santa Barbara, CA  93101

 

Tel:  805-966-2440805-966-2440

Fax:  805-966-3320

E-mail: dlee@rppmh.com

Website:  www.reickerpfau.com

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

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

 


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

 

Dear Mr. Bookout:

 

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

 

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

 

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

 

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

 

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

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

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

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

 

Diana Jessup Lee, Esq.

Reicker, Pfau, Pyle & McRoy LLP

1421 State Street, Suite B

Santa Barbara, CA  93101

 

Tel:  805-966-2440805-966-2440

Fax:  805-966-3320

E-mail: dlee@rppmh.com

Website:  www.reickerpfau.com

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

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

 


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

 

Dear Mr. Bookout:

 

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

 

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

 

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

 

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

 

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

 

Diana Lee.

Diana Jessup Lee, Esq.

Reicker, Pfau, Pyle & McRoy LLP

1421 State Street, Suite B

Santa Barbara, CA  93101

 

Tel:  805-966-2440805-966-2440

Fax:  805-966-3320

E-mail: dlee@rppmh.com

Website:  www.reickerpfau.com

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

 

Dear Mr. Bookout:

 

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

 

Diana Jessup Lee, Esq.

Reicker, Pfau, Pyle & McRoy LLP

1421 State Street, Suite B

Santa Barbara, CA  93101

 

Tel:  805-966-2440805-966-2440

Fax:  805-966-3320

E-mail: dlee@rppmh.com

Website:  www.reickerpfau.com

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


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

 

Dear Mr. Bookout,

 

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

 

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

 

Diana Lee

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


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

 

Mr. Bookout:

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

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

TOTAL: $111,024.71


thank you,


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

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

 


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

 

Dear Mr. Bookout,

 

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

 

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

 

Diana Lee

 


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

 

Dear Bill and Diana:

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

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

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

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

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

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

Best regards,

Lol Sorensen
Description: Description: Description: Description: Description: Description: Description: Description: Description: Description: Description: Description: Description: Description: Description: Description: Description: Description: Description: Description: Description: Description: Description: Description: Description: Description: Description: Description: Description: Description: Description: Description: Description: Description: Description: Description: Description: Description: Description: Description: Description: Description: Description: Description: Description: Description: Description: Description: Description: Description: Description: Description: Description: Description: Description: Description: Description: Description: Description: Description: Description: Description: Description: Description: Description: Description: Description: Description: Description: Description: Description: Description: Description: Description: Description: Description: Description: Description: Description: Description: Description: Description: Description: Description: cid:667363422@31082011-32F2

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

 
**************************************************************
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If you received this transmission in error, please notify the sender by reply e-mail and delete the message
and any attachments.


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

 

Dear Mr. Bookout,

 

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

 

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

 

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

 

Sincerely,

 

Diana Lee.

Diana Jessup Lee, Esq.

Reicker, Pfau, Pyle & McRoy LLP

1421 State Street, Suite B

Santa Barbara, CA  93101

 

Tel:  805-966-2440805-966-2440

Fax:  805-966-3320

E-mail: dlee@rppmh.com

Website:  www.reickerpfau.com

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

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


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

 

Dear Mr. Bookout,

 

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

 

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

 

Diana Lee.

 

Diana Jessup Lee, Esq.

Reicker, Pfau, Pyle & McRoy LLP

1421 State Street, Suite B

Santa Barbara, CA  93101

 

Tel:  805-966-2440805-966-2440

Fax:  805-966-3320

E-mail: dlee@rppmh.com

Website:  www.reickerpfau.com

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