Santa Barbara Bank & Trust---Breach of Contract and Mortgage Modification Fraud since 2003--SBBT Notice of Default January 14, 2011 and May 19, 2011 knowing of mistakes made by Pacific Capital Bancorp! Santa Barbara Bank & Trust Theft of Principa pdf l per the Diana Jessup Lee's two May 5, 2011 Amortizations Schedules in the May 19, 2011 NOD!
The U.S. Small Business Administration is fully aware of the pdf file above showing the SBA Fraud Committed by Santa Barbara Bank & Trust/FBSLO in 2003 to present.
In the PDF below are the SBA loan documents changed by Santa Barbra Bank & Trust/FBSLO in 2003 and a restraining order issued by the Santa Barbara Superior Court on June 6, 2011 for asking questions of Santa Barbara Bank & Trust per their SBA loan accounting May 6, 2011 and May 19, 2011 by Diana Jessup Lee. California residents help is needed in bringing this to the National News Medias attention! Christine Sontag Restraining Order and 2003 SBA Loan Fraud pdf...
Santa Barbara Bank & Trust shows their Breach of Contract and Mortgage Modification Fraud to the Office of the Comptroller of the Currency Case # 01394465 – Case # 770567 and Case # 01549780 in their May 6, 2011 Letter pdf. Santa Barbara Bank & Trust in their May 19, 2011 letter pdf... Show their continued Fraud and Breach of Contract.
Diana Jessup Lee States June 3, 2011 for SBBT and it's board of Directors, after asking questions of SBBT. "The questions you ask are answered with full explanations in my letters to you dated May 6 and 19, 2011."
Santa Barbara Bank & Trust against the OCC findings have prepared a differn't accounting as seen in this May 5, 2011 amortization schedule pdf. This amortization schedule compleatly goes against, the OCC findings.
It is unfortunate that Santa Barbara and San Luis Obispo County residents, now have to know that Santa Barbara Bank & Trust would commit this type of accounting fraud since 2007 affecting local business's! Santa Brabara Bank Trust Breach of Contract PDF... Pacific Capital Bank---Breach of Contract and Mortgage Modification Fraud since 2007--PCB Notice of Default January 14, 2011 knowing mistakes made by Pacific Capital Bank!Pacific Capital Bancorp Breach of Contract pdf... Santa Barbara Bank & Trust refusal to mediate complaint and provide an amortization schedule for a 2007 loan modification! Santa Barbara Bank And Trust Mediation...
Pacific Capital Bank in 2007 knowing of flooding problems and an Inverse Condemnation Lawsuit required in my First Bank of San Luis Obispo Oceano Nursery SBA loan to Fight Inverse Condemnation! Pacific Capital Bank then broke a May 15, 2007 agreement after recieving a loan payment May 11, 2007. Pacific Capital Bank/Sandra Sheffield then took foreclosure actions on May 17, 2007 costing Oceano Nursery $34,334.24 business working capital and Oceano Nursery to close!
After signing a Pacific Capital Bank new loan modification June 28, 2007, Pacific Capital Bank immediatly broke this signed modification agreement by not properly amortizing my SBA loan and charging Attorney fees against the 2007 loan modification! Pacific Capital Bank when questioned stated August 1, 2007 “The proper Bank officials will look into the computerized records and determine if there are any problems.” Pacific Capital Bank has had 3 years with no corrections!
Pacific Capital Bank had stated prior on July 23, 2007 after questioning payments made in July 2007: "With regard to the payment of July 12th, it was not immediately applied against the outstanding obligation because the Bank's commputer system was being adjusted based upon the forbearance Agreement that was executed; it should be applied by now." Pacific Capital Bank to date has ignored the loan modification and (SBA form 147 Note) requiring PCB to reamortize this SBA loan yearly! Pacific Capital Bank has been unable to account for their Attorney fees and how they have Amortized my SBA loan in 2007 in their favor, as seen below in communication with Pacific Capital Bank!
When asking Pacific Capital Bancorp for an accounting of my SBA Loan Modification since 2007. Pacific Capial Bank turning down $10,000.00 from a sale of a personal residence and filing a Complaint with the Comptroller of the Currency Administrator of National Banks Case # 01394465! Pacific Capital Bancorp has stated through their Attorney George C. Lazar!
December 14, 2010 "Also, I noted in your communication that you indicate you have filed a complaint with the Office of the Comptroller of the Currency. As we discussed in the past, we will not discuss matters relating to the OCC complaint until that complaint has been resolved by the OCC. Because you chose that forum in which to raise your complaint, it is only fair that we allow the OCC to proceed with what it deems appropriate."
December 15, 2010 " This letter is to notify you that under the terms of the Agreement, Pacific Capital Bank hereby elects to terminate the Agreement. In addition, pursuant to Section 3(b) of the Agreement, demand is hereby made that no later than fifteen (15) business days from the date of this letter, you pay to Pacific Capital Bank $96,228.27, which represents the difference between the amount owing on the Note from July 6, 2007 through the date of this letter less the amounts paid under the Agreement."
December 16, 2010 "As requested by you, I reviewed the questions asked of Mr. Mendoza as posted on your website and note that these questions appear to be similar to those incorporated into your OCC complaint. As discussed previously , until the OCC resolves that complaint, the OCC remains the forum you have chosen to resolve the outstanding disputes and the one the Bank will respond in, if a response is requested."
December 21, 2010 "Until your communications, such as the request for an amortization table, are directed soly to me, you can anticipate that no response of any kind will be forthcoming. Pacific Capital has the right to designate to whom you should communicate and it intends to rely on that right.
December 22, 2010 " Mr. Sheffield has forwarded to me certain emails sent by you to her on December 20, 2010 and December 21, 2010. In those emails you requested an amortization schedule and also ask for responseses to certain questions."
"To reiterate, I am your sole point of contact, and as long as you persist in ignoring this fact, you should not expect a response. Please do not further communicate with Mrs. Sheffield on matters raised in your emails noted above, or on any other matter."
December 23, 2010
From: George C. Lazar [mailto:GLazar@foxjohns.com]
Sent: Thursday, December 23, 2010 3:16 PM
To: Bill Bookout
Cc: Carol.Zepke@pcbancorp.com; Debbie.Whiteley@pcbancorp.com; Debra.stevens@pcbancorp.com; D.VernonHorton@pacificcapitalbank.com; CarlB.Webb@pacificcapitalbank.com; GordonJ.Wahlgren@pacificcapitalbank.com; GeorgeS.Leis@pacificcapitalbank.com; consumer@dfi.ca.gov; ombudsman@sba.gov; ombudsman@fdic.gov; Carlos.Mendoza@sba.gov; GeraldJ.Ford@pcbancorp.com
Subject: RE:
Mr. Bookout:
It is not impossible to communicate with me. I have responded promptly by FedEx or mail to all of your communications directed to me. However, as I have advised you several times, your communications to Pacific Capital Bank should be directed to me and not directed, or copied, to others at the Bank. Until such time as you comply with this request, I will not be responding substantively to your requests for information. In addition, since you have presented most, if not all, of your questions to a regulatory agency, a response is being prepared to that agency, as is appropriate.
Once you agree to the above, I will forward you a transcript of your account. However, because of the holidays, communications in the next week may be intermittent.
George C. Lazar
FOX JOHNS LAZAR PEKIN & WEXLER, APC
December 30, 2010 "Second, you asked for an amortization schedule. As I indicated in my email of last week, I will provide information on your agreement that you will communicate only with me, rather than sending emails to a number of persons at Pacific Capital Bank. As you have not made that agreement, I do not feel that any further response is necessary. I believe that the request that you communicate with me is reasonable and necessary, and we will insist on that condition. (In the event that you do agree to this request, please let me know exactly what you mean by an "amortization schedule".)
January 4, 2011 "I will, of course, respond to any written communications. However, as I have previously advised you, I will not be providing any substantive responses until such time as you agree, in writing, that you will communicate exclusively with me for the purpose of communicating to Pacific Capital Bank regarding your loan. You have persisted in your efforts to involve other Bank employees in this matter. As a result, I remain unwilling to provide you any information that the Bank is not required to provide you. (An amortization schedule is not information the Bank is required to provide you.)If there is anything further at this time, please let me know, in writing.
George C. Lazar
FOX JOHNS LAZAR PEKIN & WEXLER, APC"
January 10, 2011 “If there happen to be any mistakes by Pacific Capital Bank – I have no knowledge of any mistakes, so this is hypothetical from my point of view – those could be addressed in any cure of the payment defaults.”
January 12, 2011"Mr. Bookout: As you have been advised a number of times, I am your sole point of contact for purposes of communications with Pacific Capital Bank. Until such time as you acknowledge this decision by the Bank, and stop sending emails to various employees, the only response will be that which is required by law. With regard to any requests for comment on matters you have place on the Internet, or in your written materials, Pacific Capital Bank will not respond to those requests. Silence is not to be deemed agreement that your materials are accurate. As I indicated previously, if you have a proposal to work out the default on your loan, please direct it to me.
George C. Lazar FOX JOHNS LAZAR PEKIN & WEXLER, APC"
January 25, 2011“With regard to your request for an amortization schedule, an amortization schedule is necessarily based upon assumptions, such as a staticinterest rate, and assumes strict performance by the borrower as required by the terms of the loan. In the case of your loan, the significant defaults and the agreements that have been made not only make any previously-issued amortization not relevant to the loan’s current status, but they preclude a current amortization, since the defaults are continuing, additional charges are being incurred, and the time to maturity is decreasing,among other things. Should the loan be put in a performing status, we could address amortization schedule issues at that time.” January 25, 2011“With regard to the questions you have been propounding which you chose to resolve through complaint to the OCC, this email will advise you that Pacific Capital Bank has responded to the OCC within their prescribed timeframes, and we assume they will follow up with you based upon that response. Any issues you have with the Bank’s response to the OCC, or with the OCC’s response, should be taken up with the OCC.” February 2, 2011“Pacific Capital Bank is no longer lending under the SBA program. As a result, a refinance from Pacific Capital is not something that could be done, although another lender might be in a position to make the proposed loan.”
February 12, 2011"Mr. Bookout: It should be unnecessary, but once again I will reiterate that Pacific Capital Bank’s failure to respond to any of your demands for a response within a certain time frame is not admission of the validity of any claim you make. And, to the extent that you assert a failure to respond as being an admission on the part of Pacific Capital Bank, any such assertion would be a false statement knowingly made by you.
George C. Lazar FOX JOHNS LAZAR PEKIN & WEXLER, APC"
February 23, 2011"Mr. Bookout: Your call to the SBA Office of Pacific Capital Bank this morning is improper. As you have been advised, I am the sole point of contact for any authorized discussions with you regarding your loan and any related matters. Your refusal to abide by the Bank’s wishes with regard to communications is very troubling. Please respect the Bank’s desire to have all communications directed through me.
George C. Lazar FOX JOHNS LAZAR PEKIN & WEXLER, APC" May 12, 2008 “The requests you have made, and the delinquencies in the documentation, have resulted in the Bank incurring additional attorney's fees. As a result, you are requested to forward to Pacific Capital Bank, c/o Ms. Sheffield, a check in the amount of $750.00 to cover anticipated attorney's fees incurred in responding to the requests for information. Of course, this amount is only an estimate, and if the fees exceed the amount received, an additional deposit will be required. Please forward the deposit as soon as possible so that the Bank can begin work on the research you have requested.”
July 23, 2008"As to the fee bills, we know of no basis upon which you can request copies. In addition, the fee bills contain confidential material. If you would like a summary of the work done prepared, that can be done. However, the Bank will require a deposit against the estimated costs before I proceed."
July 28, 2008"Dear Mr. Bookout: In response to your request for Pacific Capital Bank’s payment to you of the sum of $6,815.12 plus interest, this letter is to state that the Bank has determined that it will not make the payment.
In addition, this letter will advise you that although the attorney’s fees incurred in responding to the OCC complaint(s) were not charged against your outstanding loan, all other attorney’s fees incurred will, to the extent allowed under the applicable loan documents, be charged against the loan. The Bank reserves the right to demand immediate payment of the amounts owing or to add the amounts, together with interest if allowed, to any payoff demand.
December 6, 2010 email from Sandra Sheffield after turning down $10,000.00 ties in with the George C. Lazar emails above "We will take $5,000 under the condition that Mr. Bookout signs our Agreement to Release Collateral. I do not believe he will agree to that because it states that he will still be liable for the remaining balance."
Pacific Capital Bancorp house equity used for building Oceano Nursery in 2004 as suggested by First Bank of San Luis Obispo! The SBA Vice President who caused Oceano Nursery closing required this house then used in 2007 as additional collacteral with out an appraisal for the broken Loan modification.
We will take $5,000 under the condition that Mr. Bookout signs our Agreement to Release Collateral. I do not believe he will agree to that because it states that he will still be liable for the remaining balance.
Sandra Sheffield, Vice President
SBA Credit Administration
Pacific Capital Bank
591 Camino de la Reina, Suite 1010
San Diego, CA. 92108-3112
619.260.4483 office
The U.S. Small Business Administration Loan Agreement for Oceano Nursery states in my Deed Of Trust with First Bank Of San Luis Obispo and the SBA that I am required on Page 4 of this Deed Of Trust to Fight Inverse Condemnation of my property! Pacific Capital Bank instead of working with my flooding (Inverse Condemnation) problems in 2007 deciding to renege on a signed contract of May 15, 2007 two days later on May 17, 2007 as seen in this PDF file! US Small Business Administration Loan # 6641964009
"The Following Provisions relating to eminent domain and inverse condemnation proceeding are part of this Deed of Trust.”
“Proceedings. If any imminent domain or inverse condemnation proceeding is commenced affecting the property, Trustor shall promptly notify Lender in writing, and Trustor shall promptly take such steps as may be necessary to pursue or defend the action and obtain the award. Trustor may be a nominal party in any such proceeding, but Lender shall be entitled, at its election, to participate in the proceeding and to be represented in the proceeding by counsel of its own choice, and Trustor will deliver or cause to be delivered to Lender such instruments and documents as may be requested by Lender from time to time to permit such participation.”
“Application of Net Proceeds. If any award is made or settlement entered into in any condemnation proceedings affecting all or any part of the property or by any proceeding or purchase in lieu of condemnation, Lender may at its election, and to the extent permitted by law, require that all or any portion of the award or settlement be applied to the indebtedness and to the repayment of all reasonable costs, expenses, and attorney’s fees incurred by trustee or Lender in connection with the proceedings.” Chief Justice Tani Cantil-Sakauye and Associate Justice Ming W. Chin This video photos show Caltrans Grading and Shoveling debris into this California storm water drainage channel! As seen at www.governorjerrybrown.net
Attached is SBA Form 147 Note---That Pacific Capital Bank has ignored in signed contracts, affecting a California Small Business! SBA Form 147 Note.pdf This SBA form 147 should have never been ignored by Pacific Capital Bank since 2007 as Pacific Capital Bank Believes (An amortization schedule is not information the Bank is required to provide you.)
Pacific Capital Banks, refusal to answer loan modification questions since 2007 are now public record! I ask for the public to contact Pacific Capital Bank and see that Pacific Capital Bancorp corrects their actions since July 2007! Please review all of these documents in this PDF file, showing how Pacific Capital Bankcorp has breached a loan modification contract and immediatly took $2,471.45 of business working capital against the signed PCB Modification! Pacific Capital Bancorp NOD March 4, 2011. pdf
The SBA has responded March 9, 2011, showing that Pacific Capital Banks actions are out of the SBA hands. This is now fully presented to the public as all Banking customers should be allowed an accounting of their loans when requested!
From: Bill Bookout [mailto:Pismobeachdiveshop@charter.net]
Sent: Thursday, March 10, 2011 11:36 AM
To: 'Ashker, Terrill K.'
Cc: 'Weber, Tad - SLO'; 'rmiller@newtimesslo.com'; 'crigley@newtimesslo.com'; 'sduerr@thetribunenews.com'; 'begelko@sfchronicle.com'; 'bmcewen@fresnobee.com'; 'Mendoza, Carlos G.'; 'Manalli, John A.'; 'glazar@foxjohns.com'; 'Pope, Cynthia D.'; 'velie@calcoastnews.com'
Subject: RE: SBA Bank Fraud------Office of the Comptroller of the Currency Case # 01394465
March 10, 2011 Office of the Comptroller of the Currency Case # 01394465
U. S. Small Business Administration,
Mr. Terrill K. Asker,
Thank you, for your response and position March 9, 2011 in regards to Pacific Capital Banks unwillingness to answer PCB loan accounting questions! Thank you for attaching the news media for this problem with Pacific Capital Bank as PCB on January 4, 2011 States: (An amortization schedule is not information the Bank is required to provide you.) Hopefully the California News Media, can look at this as a National problem and obtain answers per Pacific Capital Banks actions since 2007! (Tad Webber tweger@thetribunenews.com Ryan Miller rmiller@newtimesslo.com Colin Rigley crigley@newtimesslo.com Sandra Duerr sduerr@thetribunenews.com Bob Egelko begelko@sfchronicle.com )
I am now asking for the publics help in seeing that my questions asked of Pacific Capital Bank are answered! Pacific Capital Bank filing a notice of default January 14, 2011 for $96,434.82 and refusing to give an accounting (Amortization Schedule) should be known publically with PCB over charging my SBA Loan monthly payment since 2007! PCB on March 4, 2011 changes their accounting amount to $97,369.07 further shows a need for Pacific Capital Bank to provide a detailed accounting to their SBA customers when asked!
Pacific Capital Bank had stated July 23, 2008 per their breaking a loan modification and charging $2,471.45 of Oceano Nursery Business working Capital! "As to the fee bills, we know of no basis upon which you can request copies. In addition, the fee bills contain confidential material. If you would like a summary of the work done prepared, that can be done. However, the Bank will require a deposit against the estimated costs before I proceed."
From: Ashker, Terrill K. [mailto:terrill.ashker@sba.gov]
Sent: Wednesday, March 09, 2011 2:19 PM
To: Bill Bookout
Cc: Weber, Tad - SLO; rmiller@newtimesslo.com; crigley@newtimesslo.com; sduerr@thetribunenews.com; begelko@sfchronicle.com; bmcewen@fresnobee.com; Mendoza, Carlos G.; Manalli, John A.; glazar@foxjohns.com; Pope, Cynthia D.
Subject: RE: SBA Bank Fraud------Office of the Comptroller of the Currency Case # 01394465
Mr. Bookout:
As I have informed you on more than one occasion, it is SBA policy that a participating lender must service its SBA-guaranteed loans. This means that SBA will not arbitrate, nor intercede, nor further address your long-running complaints against Pacific Capital Bank.
Any problems you believe exist concerning the servicing of your loan account with Pacific Capital Bank must be resolved between you and your lender. Since you continue to accuse Pacific Capital Bank of committing fraud, it may well be necessary for a private attorney to file a lawsuit in your behalf in order to vindicate your claim. If you do undertake this course of action, SBA expresses no opinion whatsoever on the merits of your claims.
The SBA response to your questions/requests, as set forth below, is as follows:
·If you believe that Pacific Capital Bank has failed to abide by the terms of the Promissory Note you signed, SBA believes that a private attorney retained by you would advise you that you have the right to seek recourse against your lender by suing Pacific Capital Bank for breach of contract.
·SBA does not have any ‘problem’ with Pacific Capital Bank charging attorney fees to negotiate & draft the Loan Workout Agreement you entered into in 2007 because Pacific Capital Bank is entitled to recover its expenses incurred to collect amounts due under the note signed by you, enforce the terms of your note, or any other loan document signed by you, and preserve or dispose of pledged collateral. Expenses incurred by Pacific Capital Bank, as per the express terms of your promissory note, may include reasonable attorney’s fees and costs.
·SBA neither agrees nor disagrees with your statement that Pacific Capital Bank has been “over charging my SBA loan in 2007 by $182.26 per month of business working capital.” If you dispute the calculation of your monthly loan payment, or the monthly balance of your loan account, or the application of your monthly payments (if any were made), to your loan balance, SBA believes that a private attorney retained by you would advise you that you have the right to seek recourse against your lender by suing Pacific Capital Bank for breach of contract.
·SBA neither agrees nor disagrees that Pacific Capital Bank has ‘accurately’ amortized your loan since 2007. If you dispute the calculation of your remaining loan balance, SBA believes that a private attorney retained by you would advise you that you have the right to seek recourse against your lender by suing Pacific Capital Bank for breach of contract.
·SBA does not provide “Amortization Schedules”.
Terrill K. Ashker
SBA Fresno District Counsel (Acting)
From: Bill Bookout [mailto:Pismobeachdiveshop@charter.net]
Sent: Tuesday, March 08, 2011 2:53 PM
To: Ashker, Terrill K.
Cc: 'Weber, Tad - SLO'; rmiller@newtimesslo.com; crigley@newtimesslo.com; sduerr@thetribunenews.com; begelko@sfchronicle.com; bmcewen@fresnobee.com
Subject: RE: SBA Bank Fraud------Office of the Comptroller of the Currency Case # 01394465
Mr. Terrill K. Asker,
Can you see that the questions asked of the SBA are answered with in 24 hours?
I would like a response from the SBA in regards to Pacific Capital Bank not paying attention to SBA Form 147 Note requiring Pacific Capital Bank to yearly re amortize my SBA Loan since 2007, per the 2003 signed SBA Form 147 Note attached above?
Does the SBA find any problems with George C. Lazar charging Attorney fees of $2,471.45 against the 2007 loan modification prepared by George C. Lazar?
Does the SBA find any problem with Pacific Capital Bank monthly over charging my SBA loan in 2007 by $182.26 per month of business working capital?
Does the SBA find Pacific Capital Banks figures of $97,369.07 in PCB’s March 4, 2011 letter to be accurately amortized from the 2007 loan modification?
I am requesting an SBA Amortization Schedule for Pacific Capital Banks 2007 Loan modification; per Pacific Capital Banks statement March 4, 2011?
Sincerely
Bill Bookout
Oceano Nursery
PismoBeach Dive Shop
PlumeriasGarden and Gifts
From: Bill Bookout [mailto:Pismobeachdiveshop@charter.net]
Sent: Monday, March 07, 2011 8:57 AM
To: 'sandra.sheffield@pacificcapitalbank.com'
Cc: 'Ashker, Terrill K.'; 'Carlos.Mendoza@sba.gov''; 'Manalli, John A.'; 'cynthia.pope@sba.gov'; 'information@hilltop-holdings.com'''; 'Lcannon@dfi.ca.gov'; 'dporter@dfi.ca.gov'; 'velie@calcoastnews.com''; 'shredder@newtimesslo.com'; 'crigley@newtimesslo.com'; 'sduerr@thetribunenews.com'; 'sandiego@sba.gov'; 'begelko@sfchronicle.com'; 'CarlB.Webb@pacificcapitalbank.com'; 'GeraldJ.Ford@pcbancorp.com'; 'GeorgeS.Leis@pacificcapitalbank.com'; 'Congresswoman Lois Capps'; 'Senator.Blakeslee@senate.ca.gov'; 'dvallely@co.slo.ca.us'
Subject: RE: SBA Bank Fraud------Office of the Comptroller of the Currency Case # 01394465
March 7, 2011
Sandra Sheffield, Vice President-----Office of the Comptroller of the Currency Case # 01394465
SBA Credit Administration
Pacific Capital Bank
591 Camino de la Reina, Suite 1010 San Diego, CA. 92108-3112
619.260.4483 office
Re: Letter attached above from George C. Lazar dated March 4, 2011---PCB new NOD statement and documents for the SBA Carlos Mendoza, Cynthia Pope, Office of the Comptroller of the Currency, San Luis Obispo District Attorney and the DFI showing Pacific Capital Banks Breach of Contract and Bank Fraud since 2007!
Dear Mrs. Sheffield,
Please immediately provide the new Pacific Capital Bancorp (NOD) accounting for George C. Lazars statements March 4, 2011 and correct this action with Fidelity National Title Company filed January 14, 2011. George C. Lazar statement below continues to show Pacific Capital Banks Fraud and Breach of Contract in the handling of this U.S. Small Business Administration loan and PCB refusal to provide an amortization schedule since the 2007 loan modification! Pacific Capital Bancorp States: “In light of your claim, we have reexamined the computation of the amount owing under the terms of the promissory note you executed. (As you will recall, by virtue of the fact of the default under the forbearance, the note terms were reinstated.) In fact, it turns out that notice of default understates the amount that was due at the time of the recording of the notice of default, the amount owing was $97,369.07, not the $96,434.82 set forth in the NOD.”
Pacific Capital Bank has admitted March 4, 2011 that the PCB has not properly amortized this SBA loan from this statement by George C. Lazar! “Your claim an alleged overcharge of $187.00 per month was instrumental in your business failures is belied by this concession and also by the fact you overpaid most months.”
Mrs. Sandra Sheffield, from my amortization schedule figures for 2007; the amount over charged by PCB is $182.26 a month instead of the $187.00 presented by George C. Lazar March 4, 2011. Mr. Lazars figure of $187.00 is now higher since 2008 as Pacific Capital Bank, has ignored (SBA form 147 Note). Mrs. Sandra Sheffield, Please explain why PCB has yearly ignored SBA form 147 Note, as the Pacific Capital Bank Deed of Trust contains this SBA provision! “Lender must adjust the payment amount at least annually as needed to amortize principal over the remaining term of the note.”
George C. lazar shows the SBA’s involvement in this loan and another reason for PCB to provide an amortization schedule since the 2007 SBAloan modification as Mr. Lazar States: “The Bank and the SBA will not take a loss on this loan, particularly where there is security for the loan.”The SBA is not the party in this case, that has committed Bank Fraud and Breach of Contract. Mr. Carlos Mendoza and Cynthia Pope of the SBA have full knowledge of Pacific Capital Bancorp’s actions since 2007!
George C. Lazar, in his March 4, 2011 response States: “Pacific Capital finds it very troubling and probably libelous, that you claim PCB is the reason for your business failure. At no time has PCB been involved in any decisions or suggested any course of action as to how you operate you business. In fact, to the extent your current financial problems are related to the apparent failure of Oceano Nursery.” George C. Lazar ignores the May 15, 2007 contract prepared by you (Sandra Sheffield) and broken May 17, 2007 by Sandra Sheffield, knowing of Inverse Condemnation flooding problems and the 2003 Deed of Trust requirement to fight Inverse Condemnation required by First Bank of San Luis Obispo! Mr. Lazar ignores the 2007 loan modification prepared by him in 2007 Stating: “ E. Borrower’s business has been adversely affected by recurring flood problem. A lawsuit has been filed against San Luis Obispo County, Cal Trans, Union Pacific, OCS and Pismo Oceano Vegetable Exchange seeking compensation and injunctive relief, being Case No. CV060384 (the “Litigation”). The flood problem has caused Borrower to lose revenue. Borrower has requested that Bank grant concessions which would allow the foreclosure sales to be avoided and to permit him to begin monthly payments without having to cure the outstanding Payment Default.”
Mr. Lazar ignores the June 6, 2007 letter addressed to him attached above! Mr. Lazar ignores the June 12, 2007 letter written to Reese Davies of First Bank of San Luis Obispo attached above! Mr. Lazar ignores the June 19, 2007 letter written to him attached above! All showing the actions of Pacific Capital Bank affecting my SBA loan and businesses!
Pacific Capital Banks 2003 Deed of Trust requirement States: “The Following Provisions relating to eminent domain and inverse condemnation proceeding are part of this Deed of Trust.”
“Proceedings. If any imminent domain or inverse condemnation proceeding is commenced affecting the property, Trustor shall promptly notify Lender in writing, and Trustor shall promptly take such steps as may be necessary to pursue or defend the action and obtain the award. Trustor may be a nominal party in any such proceeding, but Lender shall be entitled, at its election, to participate in the proceeding and to be represented in the proceeding by counsel of its own choice, and Trustor will deliver or cause to be delivered to Lender such instruments and documents as may be requested by Lender from time to time to permit such participation.”
“Application of Net Proceeds. If any award is made or settlement entered into in any condemnation proceedings affecting all or any part of the property or by any proceeding or purchase in lieu of condemnation, Lender may at its election, and to the extent permitted by law, require that all or any portion of the award or settlement be applied to the indebtedness and to the repayment of all reasonable costs, expenses, and attorney’s fees incurred by trustee or Lender in connection with the proceedings.”
Mrs. Sandra Sheffield, with George C. Lazars March 4, 2011 letter; please immediately provide a bill of particulars Paid by Pacific Capital Bank to George C. Lazars in 2007 for attorney fees of $2,471.45 after the July 2, 2007 signed loan modification within 24 hours! This information will be immediately turned over to the San Luis Obispo District Attorney and the California State Bar! It is unfortunate that PCB would immediately brake signed contract and take working capital from a SBA loaned small business! George C. Lazar has previously stated in regards to this Grand Theft of $2,471.45!
May 12, 2008 “The requests you have made, and the delinquencies in the documentation, have resulted in the Bank incurring additional attorney's fees. As a result, you are requested to forward to Pacific Capital Bank, c/o Ms. Sheffield, a check in the amount of $750.00 to cover anticipated attorney's fees incurred in responding to the requests for information. Of course, this amount is only an estimate, and if the fees exceed the amount received, an additional deposit will be required. Please forward the deposit as soon as possible so that the Bank can begin work on the research you have requested.”
July 23, 2008"As to the fee bills, we know of no basis upon which you can request copies. In addition, the fee bills contain confidential material. If you would like a summary of the work done prepared, that can be done. However, the Bank will require a deposit against the estimated costs before I proceed."
With George C. Lazars, March 4, 2011 letter, he has shown good cause for Pacific Capital Bank to immediately resolve their Breach of Contract and Bank Fraud since 2007! If Pacific Capital Bank would like to “engage in mediation utilizing a third party mediator” I am very willing once Pacific Capital Bank has provided their New (NOD) as reported by George C. Lazar March 4, 2011! Pacific Capital Bank provides an amortization schedule for the 2007 loan modification! Pacific Capital Bank provides George C. Lazars (bill of particulars) for his breach of contract in 2007 of $2,471.45. And, the Office of the Comptroller of the Currency Case # 01394465 reports on their findings from December 2010 to March 7, 2011!
Sincerely
Bill Bookout
Oceano Nursery
PismoBeach Dive Shop
PlumeriasGarden and Gifts
CC Office of the Comptroller of the Currency Case # 01394465
CC San Luis Obispo District Attorney
From: Bill Bookout [mailto:Pismobeachdiveshop@charter.net]
Sent: Friday, March 04, 2011 12:56 PM
To: 'sandra.sheffield@pacificcapitalbank.com''
Cc: 'Ashker, Terrill K.'; 'Carlos.Mendoza@sba.gov''; 'Manalli, John A.'; 'cynthia.pope@sba.gov'; 'information@hilltop-holdings.com'''; 'Lcannon@dfi.ca.gov'; 'dporter@dfi.ca.gov'; 'velie@calcoastnews.com''; 'shredder@newtimesslo.com'; 'crigley@newtimesslo.com'; 'sduerr@thetribunenews.com'; 'sandiego@sba.gov'; 'begelko@sfchronicle.com'
Subject: RE: SBA Bank Fraud------Office of the Comptroller of the Currency Case # 01394465
March 4, 2011
Sandra Sheffield, Vice President-----Office of the Comptroller of the Currency Case # 01394465
SBA Credit Administration
Pacific Capital Bank
591 Camino de la Reina, Suite 1010 San Diego, CA. 92108-3112
619.260.4483 office
Dear Mrs. Sheffield,
Once again I believe, you did state, yesterday that Pacific Capital Bank had made mistakes in our phone conversation? Please respond if this is incorrect!
I have added more content to the website www.pacificcapitalbancorp.co that SBA. DFI attached above need to know about with your December 6, 2010 email seen below!
If you or Pacific Capital Bank disputes any of the evidence below of Pacific Capital Banks actions, then please respond with your dispute items by 5:07 pm today with the amortization Schedule previously requested from Pacific Capital Bank since the 2007 fixed rate loan modification per SBA form 147 Note attached!
Attached above for the SBA Carlos Mendoza, Cynthia Pope and the DFI are the following documents showing Pacific Capital Banks Breach of Contract and Bank Fraud since 2007! I am faxing this information to the Office of the Comptroller of the Currency Case # 01394465,
1)May 15, 2007 Loan Modification signed by Vice President Sandra Sheffield with a time line of May 25, 2007!
2)May 17, 2007 Termination of May 15, 2007 Loan Modification!
3)June 28, 2007 Loan modification costing $33,334.24 dollars more, that PCB Broke immediately after signing!
4)SBA Form 147 dated October 6, 2003 broke by PCB after signing Loan Modification!
5)George C. Lazar December 14, 2010 letter in regards to OCC Complaint
6)George C. Lazar December 15, 2010 letter in regards of sale of 631 Lake Street property!
7)George C. Lazar December 15, 2010 letter in regards to OCC Complaint!
8)George C. Lazar December 15, 2010 letter in regards to Bank Fraud being committed by Pacific Capital Bank since 2007!
9)George C. Lazar December 16, 2010 letter in regards to Carlos Mendoza and the OCC Complaint!
10)George C. Lazar December 22, 2010 letter Amortization Schedule requested for 2007 loan modification!
11)George C. Lazar December 21, 2010 letter Amortization Schedule direction to George C. Lazar!
12)George C. Lazar July 23, 2007 letter showing PCB breach of contract in mistakes made by PCB!
13)George C. Lazar August 1, 2007 letter showing PCB breach of contract in mistakes made by PCB!
Mrs. Sandra Sheffield, Vice President SBA Credit Administration Pacific Capital Bank! All communication with George C. Lazar has ended as seen in his actions above and emails below and at www.pacificcapitalbancorp.co ! The SBA, DFI and the Office of the Comptroller of the Currency Case # 01394465 now have full knowledge of how George C. Lazar has handled this SBA loan!
Mrs. Sheffield, you are the Pacific Capital Bank, SBA Credit Administration Vice President, and as of yesterday you where given 24 hours to provide an amortization schedule if you or Pacific Capital Bank have done nothing wrong! Please provide this Amortization schedule by 5:07 today as George C. Lazar is unable to accomplish this Banking responsibility!
All Communication with George C. Lazar has ended!
Sincerely
Bill Bookout
Oceano Nursery
PismoBeach Dive Shop
PlumeriasGarden and Gifts
Pacific Capital Banks, refusal to answer loan modification questions are now presented to the SBA as questions of the SBA for Pacific Capitlal Banks 2007 broken Loan Modification Promises!
From: Bill Bookout [mailto:Pismobeachdiveshop@charter.net]
Sent: Wednesday, February 23, 2011 11:44 AM
To: 'Ashker, Terrill K.'
Cc: 'Carlos.Mendoza@sba.gov'; 'Manalli, John A.'; 'sandiego@sba.gov'; 'ombudsman@sba.gov'; 'ombudsman@fdic.gov'; 'crigley@newtimesslo.com'; 'Ryan Miller'; 'velie@calcoastnews.com'; 'sduerr@thetribunenews.com'; 'bcuddy@thetribunenews.com'; 'eslater@timespressrecorder.com'
Subject: RE: SBA Bank Fraud by Pacific Capital Bank in not properly amortizing SBA loan!
February 23, 2011
U.S. Small Business Administration
Terrill K. Ashker, Carlos Mendoza and John A. Manalli,
Please respond within 24 hours to the problems and questions listed below with Pacific Capital Banks SBA Loan Accounting going back to 2007! Pacific Capital Banks 2007 SBA Loan Modification; with my SBA loan # PLP 664-196-4009. Both SBA Carlos Mendoza and John A. Manalli have chosen you to be the Person to respond to SBA Pacific Capital Banks questions that are now public record! Please view this information at www.sbaquestions.net and www.pacificcapitalbankquestions.com
Please copy all responses to the News Media attached above as Pacific Capital Bank is now trying to foreclose on my Pismo Beach Property and my Oceano Nursery property, knowing the Banking mistakes that PCB has made since 2007! This is now a public issue!
A)Does the SBA Find any mistakes with the Loan Amortization Schedule below showing Pacific Capital Banks Breach of Contract and Bank Fraud since 2007?
B)Does the SBA agree that Pacific Capital Bank has been overcharging my SBA loan by $182.27 dollars a month since July 2007 affecting my businesses?
C)Does the SBA allow Pacific Capital Bank to not properly amortize the June 30, 2007 loan modification affecting my SBA loan and businesses?
D)Does the SBA allow Pacific Capital Bank to not properly amortize the extra principal paid in 2007 of $2,236.82 per SBA form 147 in 2008?
E)Does the SBA allow Pacific Capital Bank to not properly amortize the extra principal paid in 2008 of $1,556.61 per SBA form 147 in 2009?
F)Does the SBA allow Pacific Capital Bank to not properly amortize the extra principal paid in 2009 of $236.82 per SBA form 147 in 2010?
G)Why does the SBA allow Pacific Capital Bank to yearly ignore the SBA form 147 and not properly rememorized my SBA Loan since 2007 affecting my businesses?
H)Why has the SBA allowed Pacific Capital Bank to fraudulently over charge my SBA business loan from the 2007 loan modification $9,944.52?
I)Pacific Capital Bank on January 14, 2011 has fraudulently filed Trustee Sale No: 11-00125-5DL with Fidelity National Title! Does the SBA allow this type of fraud? Please see Pacific Capital Banks email below January 25, 2011!
J)Does the SBA believe that Pacific Capital Bank has a legal right to charge $4,121.06 per month in SBA mortgage payments since the 2007 against the signed loan modification? Please see Pacific Capital Banks email below January 25, 2011!
K)How does the SBA account for the Pacific Capital Bank 9/13/2010 certified Lender’s Transcript of Account showing Pacific Capital Bank Breach of Contract per the 2007 loan modification June 30, 2007?
L)Does the SBA believe Pacific Capital Bank has a legal right to charge 5% Late fees on $4,121.06 per month on a SBA loan that Pacific Capital Bank has not properly amortized since 2007?
M)Does the SBA allow Pacific Capital Bank to charge attorney fees of $2,471.45 against the July 2007 SBA Loan Modification, breach of contract?
N)Why has the SBA allowed Pacific Capital Bank to ignore SBA form 147 since July 2007?
O)Do all SBA Banks not have to provide a Loan Amortization Schedule as stated by Pacific Capital Bank January 4, 2011?: (An amortization schedule is not information the Bank is required to provide you
P)How long has Pacific Capital Bank not been doing SBA loans as stated by Sandra Sheffield and George C. Lazar below?
Mr. Terrill K. Ashker, Mr. Carlos Mendoza and Mr. John A. Manalli, again, please answer the questions asked above of the SBA as it is now time to make Pacific Capital Banks SBA Loan Modification actions public since 2007! Please review Sandra Sheffield’s email below along with George C. Lazars email showing Pacific Capital Bank no longer doing SBA Loans as of February 1, 2011!
> "Sandra Sheffield" <SANDRA.SHEFFIELD@pacificcapitalbank.com> wrote:
> Mr. Bookout:
>
> Payment of the appraisal fees will need to be forwarded to the Bank in order to receive copies of the appraisals we obtained.
> > In responding to your other requests, the Bank no longer makes SBA loans and is unable to refinance your current obligation. In addition, the Bank already entered into a workout with you previously and is unable to extend the maturity date out any further. You would need to be able to pay part of the arrearages which would be acceptable to the Bank and show evidence that you could make payments going forward in order for the Bank to consider a payment deferral. Your loan is in default for failure to pay the January 6, 2010 payment and all subsequent payments and it does not appear that you will be able to cure the arrearages or make payments in the immediate future based on our previous phone conversations.
>
> We appreciate your willingness to attempt curing this debt by listing your residential rental property and the Oceano property. Unfortunately, the sale of the residential property would not result in net proceeds sufficient to cure the default and it is uncertain how long it will take to find a buyer for the Oceano property. As a result, the Bank will need to consider how it will proceed with the uncured payment default.
>
> As you requested, I will obtain an updated payment history from our loan services department and forward it to you as soon as possible.
>
> Sandra Sheffield, Vice President
> SBA Credit Administration
> Pacific Capital Bank
> 591 Camino de la Reina, Suite 1010
> San Diego, CA. 92108-3112
> 619.260.4483 office
> 619.260.4444 fax
>
> From: Bill Bookout [mailto:Pismobeachdiveshop@charter.net]
> Sent: Wednesday, August 18, 2010 5:57 PM
> To: Sandra Sheffield
> 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
> PismoBeach Surf Shop
From: Ashker, Terrill K. [mailto:terrill.ashker@sba.gov]
Sent: Friday, February 04, 2011 1:11 PM
To: Bill Bookout
Cc: Mendoza, Carlos G.; glazar@foxjohns.com
Subject: FW: SBA Bank Fraud------Office of the Comptroller of the Currency Case # 01394465 Pacific Capital Bank Retaliatory Actions! Trustee Sale No: 11-00125-5DL
Mr. Bookout:
To the best of my knowledge, SBA has not received any notice from Pacific Capital Bank that it is no longer participating in the SBA loan-guaranty program.
You should ask Pacific Capital Bank directly when it stopped making SBA-guaranteed loans.
Please address any future SBA inquiries only to me.
Terrill K. Ashker
Fresno District Counsel (Acting) //////////////////////////////////////////////////////////////////////////////////////////////////////////////////////
From: George C. Lazar [mailto:GLazar@foxjohns.com]
Sent: Tuesday, February 01, 2011 1:20 PM
To: Bill Bookout
Subject: RE:
Mr. Bookout:
Pacific Capital Bank is no longer lending under the SBA program. As a result, a refinance from Pacific Capital is not something that could be done, although another lender might be in a position to make the proposed loan.
George C. Lazar
FOX JOHNS LAZAR PEKIN & WEXLER, APC 525 B Street, Suite 1500 San Diego, California92101-4417
Tel: 619.595.7187
Toll Free: 877.272.3734 Mobile: 619.823.7375
Fax: 877.227.0150
email: glazar@foxjohns.com THIS EMAIL IS INTENDED FOR THE DESIGNATED RECIPIENT(S) ONLY AND MAY CONTAIN CONFIDENTIAL MATERIAL, INCLUDING ATTORNEY-CLIENT COMMUNICATIONS. IF YOU RECEIVE THIS EMAIL IN ERROR, PLEASE NOTIFY ME BY RETURN EMAIL AND DELETE THIS EMAIL TOGETHER WITH ANY ATTACHMENTS.
From: Mendoza, Carlos G. [mailto:Carlos.Mendoza@sba.gov]
Sent: Thursday, February 10, 2011 11:49 AM
To: Bill Bookout
Cc: Ashker, Terrill K.; Mendoza, Carlos G.
Subject: RE: SBA Bank Fraud------Office of the Comptroller of the Currency Case # 01394465 Pacific Capital Bank Retaliatory Actions! Trustee Sale No: 11-00125-5DL
Mr. Bookout:
Acting District Counsel Terrill K. Ashker is the SBA official designated to receive all of your communications concerning your issues with Pacific Capital Bank. Mr. Ashker will then respond as appropriate.
Accordingly, please direct all future communications only to Mr. Ashker; his email address is terrill.ashker@sba.gov.
From: Manalli, John A. [mailto:John.Manalli@sba.gov]
Sent: Thursday, February 10, 2011 1:05 PM
To: Bill Bookout
Cc: Ashker, Terrill K.
Subject: RE: SBA Bank Fraud------Office of the Comptroller of the Currency Case # 01394465 Pacific Capital Bank Retaliatory Actions! Trustee Sale No: 11-00125-5DL
Mr. Bookout:
Acting District Counsel Terrill K. Ashker is the SBA official designated to receive all of your communications concerning your problems with Pacific Capital Bank. Mr. Ashker will then respond as appropriate.
Accordingly, please direct all future communications only to Mr. Ashker; his email address is terrill.ashker@sba.gov.
From: Bill Bookout [mailto:Pismobeachdiveshop@charter.net]
Sent: Saturday, February 19, 2011 4:33 PM
To: 'sandra.sheffield@pacificcapitalbank.com'
Cc: 'Carlos.Mendoza@sba.gov'; 'Manalli, John A.'; 'Senator.Blakeslee@senate.ca.gov'; 'Congresswoman Lois Capps'; 'ombudsman@sba.gov'; 'ombudsman@fdic.gov'; 'legal@fdic.gov'; 'Lcannon@dfi.ca.gov'; 'dporter@dfi.ca.gov'
Subject: RE: SBA Bank Fraud by Pacific Capital Bank in not properly amortizing SBA loan!
February 19, 2011
Sandra Sheffield, Vice President-----Office of the Comptroller of the Currency Case # 01394465
SBA Credit Administration
Pacific Capital Bank
591 Camino de la Reina, Suite 1010 San Diego, CA. 92108-3112
619.260.4483 office
Dear Mrs. Sheffield,
Re: Pacific Capital Banks retaliatory actions after turning Pacific Capital Bank into the SBA and the Office of the Comptroller of the Currency Case # 01394465. Pacific Capital Banks statement January 4, 2011: (An amortization schedule is not information the Bank is required to provide you.)
This SBA Loan Amortization Schedule, below found on the internet for SBA 504 Loans, shows Pacific Capital Banks Breach of Contract and Bank Fraud as Pacific Capital Bank has committed with Fidelity National Title Company on January 14, 2011!
If you or George C. Lazar dispute this Loan Amortization Schedule to not be accurate with the 2007 Pacific Capital Bank Loan modification; then you and George C. Lazar, need to immediately provide Pacific Capital Banks Amortization Schedule as requested of PCB used to come up with my monthly mortgage payment of $4,121.06!
Please explain why PCB has yearly ignored SBA form 147 as this PCB contract states: “Lender must adjust the payment amount at least annually as needed to amortize principal over the remaining term of the note.”
The 2007 loan modification contract prepared by You and George C. Lazar, will need to explained as to why Pacific Capital Bank is overcharging my SBA loan by $182.27 dollars a month since July 2007 to present, if you or George C. Lazar are unable to provide a different Loan Amortization! This amount over charged by Pacific Capital Bank as claimed by Pacific Capital Bank January 14, 2011 comes to approximately $7,473.07 plus $2,471.45 in George C. Lazar Attorney fees against the 2007 loan modification contract prepared by You and George C. Lazar! The Amortization Schedule below show a monthly payment of $3,938.79 and that Pacific Capital Bank has committed Bank Fraud since July 2007!
Pacific Capital Bank has improperly charged my SBA business loan from the 2007 loan modification $9,944.52 from PCB January 25, 2011 accounting!
Pacific Capital Banks Breach of contract and actions on May 17, 2007 costing an additional $25,925.00 have had a major impact on my businesses, that will now have to be accounted for with Pacific Capital Banks January 14, 2011 Bank fraud! Please see PCB accounting below January 25, 2011! Pay close attention to late fees charged and yearly amortized payments for 2010 by Pacific Capital Bank coming to $4,121.06 per month
Loan Calculator with Amortization Schedule
Instructions:
This calculator will compute a loan's monthly payment amount based on the principal amount borrowed, the length of the loan and the annual interest rate. Then, once you have computed the monthly payment, click on the "Create Amortization Schedule" button to create a report you can print out. Note: each time you change one of the loan's variables you will need to recalculate the monthly payment before creating the Amortization Schedule.
Note: Other than decimal points, do not enter any other non-numeric characters (commas, dollar signs, etc.) in the entry boxes. Doing so will cause an error.
Special Instructions for SBA 504 Loans:
NOTE: Because monthly fees are included in the payment amount, the amortization schedule for SBA 504 loans is an estimate and should be used for planning purposes only.
2.From this printout, add 'Total One Time Fees' to 'Total GPDI Loan' and round the result up to the nearest $1,000. For example, if 'Total One Time Fees' = $24,300.00 and 'Total GPDI Loan' = $800,000.00, then 24,300 + 800,000 = 824,300 = 825,000 rounded up to the next $1,000. Enter 825000.00 as 'Loan Amount'.
3.Enter the 'GPDI Loan Rate' as the 'Annual Interest Rate'.
4.Enter 120 for a 10 year note or 240 for a 20 year note as the 'Term of the Loan in Months'.
5.'Compounding Interval' is 'Monthly'
6.Select 'Loan Start Date'
7.Click 'Compute' and 'Create Amortization Schedule' as you would for any other loan.
Pacific Capital Banks silence is now unfortunately public record! Pacific Capital Bank does not have a legal right to charge $4,121.06 per month in mortgage payments or $750.00 dollars as requested by Pacific Capital Bank on May 12, 2008 in regards to errors made by Pacific Capital Bank! Pacific Capital Banks statements below are now being turned over to the California State Attorney General Kamala D. Harris, State Senator Sam Blakeslee and Congresswoman Lois Capps
December 30, 2010 (In the event that you do agree to this request, please let me know exactly what you mean by an "amortization schedule".)
January 4, 2011 (An amortization schedule is not information the Bank is required to provide you.)
January 10, 2011 “If there happen to be any mistakes by Pacific Capital Bank – I have no knowledge of any mistakes, so this is hypothetical from my point of view – those could be addressed in any cure of the payment defaults.”
January 25, 2011 “With regard to your request for an amortization schedule, an amortization schedule is necessarily based upon assumptions, such as a staticinterest rate, and assumes strict performance by the borrower as required by the terms of the loan. In the case of your loan, the significant defaults and the agreements that have been made not only make any previously-issued amortization not relevant to the loan’s current status, but they preclude a current amortization, since the defaults are continuing, additional charges are being incurred, and the time to maturity is decreasing,among other things. Should the loan be put in a performing status, we could address amortization schedule issues at that time.”
January 25, 2011“With regard to the questions you have been propounding which you chose to resolve through complaint to the OCC, this email will advise you that Pacific Capital Bank has responded to the OCC within their prescribed timeframes, and we assume they will follow up with you based upon that response. Any issues you have with the Bank’s response to the OCC, or with the OCC’s response, should be taken up with the OCC.”
February 2, 2011 “Pacific Capital Bank is no longer lending under the SBA program. As a result, a refinance from Pacific Capital is not something that could be done, although another lender might be in a position to make the proposed loan.”
May 12, 2008“The requests you have made, and the delinquencies in the documentation, have resulted in the Bank incurring additional attorney's fees. As a result, you are requested to forward to Pacific Capital Bank, c/o Ms. Sheffield, a check in the amount of $750.00 to cover anticipated attorney's fees incurred in responding to the requests for information. Of course, this amount is only an estimate, and if the fees exceed the amount received, an additional deposit will be required. Please forward the deposit as soon as possible so that the Bank can begin work on the research you have requested.”
At this point, there is no reason for Pacific Capital Bank to not want to resolve the undisputed Breach of Contract and Bank Fraud by Pacific Capital Bank since 2007!
With Pacific Capital Banks accounting, as seen above, it is pretty easy to show Pacific Capital Banks errors and SBA Bank fraud!
Loan Modification Fraud is a very serious issue today and fortunately the California State Attorney General is making this a top priority as stated by the California Attorney Generals office! “The Attorney General has made consumer fraud prevention a top priority. The current economic downturn and housing crisis have given rise to many scams, particularly in the areas of predatory lending, foreclosure consultants, credit repair companies, and debt consolidators and collectors.
In response, the Attorney General is taking action against companies engaged in unlawful activities, obtaining injunctions to shut them down, and recovering millions of dollars in restitution for victimized consumers.”
Pacific Capital Bank! Please immediately correct your Breach of Contract and Bank Fraud since 2007!
Sincerely
Bill Bookout
CC California State Attorney General---- Kamala D. Harris
CC California State Bar---James E. Towery,
CC Congresswoman Lois Capps
CC CaliforniaState Senator Sam Blakeslee
From: George C. Lazar [mailto:GLazar@foxjohns.com]
Sent: Tuesday, January 25, 2011 2:00 PM
To: Bill Bookout
Subject: Pacific Capital Bank
Mr. Bookout:
With regard to your request for an itemization of the amounts which comprise the delinquency amount set forth in the notices of default recently recorded, the amount is calculated as follows:
UNPAID PAYMENTS
10 Deferred 10/2006 - 7/2007 $37,801.09
Jan-Dec 2010 $49,452.72
Total: $87,253.81
Late charges to 11/16/10 $4,858.96
Appraisal Fees $4,050.00
Legal Fees $50.00
UCC Search Fees $15.50
Amount shown on NOD $96,228.27
With regard to the questions you have been propounding which you chose to resolve through complaint to the OCC, this email will advise you that Pacific Capital Bank has responded to the OCC within their prescribed timeframes, and we assume they will follow up with you based upon that response. Any issues you have with the Bank’s response to the OCC, or with the OCC’s response, should be taken up with the OCC.
With regard to your request for an amortization schedule, an amortization schedule is necessarily based upon assumptions, such as a staticinterest rate, and assumes strict performance by the borrower as required by the terms of the loan. In the case of your loan, the significant defaults and the agreements that have been made not only make any previously-issued amortization not relevant to the loan’s current status, but they preclude a current amortization, since the defaults are continuing, additional charges are being incurred, and the time to maturity is decreasing,
among other things. Should the loan be put in a performing status, we could address amortization schedule issues at that time.
Finally, you continue to state that Pacific Capital Bank is required to respond to you in a time period you specify and that if there is no response, you are entitled to assume that a statement you have made is accurate or otherwise has been validated by Pacific Capital Bank. Again, I reiterate that Pacific Capital Bank’s lack of a response to a communication from you within any time period specified by you is not an admission by the Bank that any statement you have made is accurate or is adopted by the Bank. And, if you were ever to claim to any third party that Pacific Capital Bank’s failure to respond to a communication from you was an admission of some kind by the Bank, that claim would be knowingly false on your part and could be, depending on the circumstances, libelous, a matter the Bank takes very seriously.
As before, I remain your contact point for questions directed to Pacific Capital Bank. Please note the amount required to cure your loan default has increased since the amounts provided in the Notice of Default. Should you be interested in curing the default, please advise
George C. Lazar
FOX JOHNS LAZAR PEKIN & WEXLER, APC 525 B Street, Suite 1500 San Diego, California92101-4417
Tel: 619.595.7187 Toll Free: 877.272.3734 Mobile: 619.823.7375
THIS EMAIL IS INTENDED FOR THE DESIGNATED RECIPIENT(S) ONLY AND MAY CONTAIN CONFIDENTIAL MATERIAL, INCLUDING ATTORNEY-CLIENT COMMUNICATIONS. IF YOU RECEIVE THIS EMAIL IN ERROR, PLEASE NOTIFY ME BY RETURN EMAIL AND DELETE THIS EMAIL TOGETHER WITH ANY ATTACHMENTS.
From: Bill Bookout [mailto:Pismobeachdiveshop@charter.net]
Sent: Monday, February 07, 2011 10:31 AM
To: 'HelpWithMyBank.faq'
Cc: 'ombudsman@sba.gov'; 'ombudsman@fdic.gov'; 'Carlos.Mendoza@sba.gov'; 'sandiego@sba.gov'; 'sandra.sheffield@pacificcapitalbank.com'; 'information@hilltop-holdings.com'; 'Sharon Iannone'; 'legal@fdic.gov'; 'Lcannon@dfi.ca.gov'; 'dporter@dfi.ca.gov'
Subject: RE: SBA Bank Fraud------Office of the Comptroller of the Currency Case # 01394465 Pacific Capital Bank Retaliatory Actions! Trustee Sale No: 11-00125-5DL
February 7, 2011 Office of the Comptroller of the Currency Case # 01394465
Office of the Comptroller of the Currency Case # 01394465 1301 McKinney Street, Suite 3450 Houston, Texas77010-9050
Fax # 713-336-4301
Re: Office of the Comptroller of the Currency Case # 01394465 Pacific Capital Bank Retaliatory Actions after filing a complaint with the Office of the Comptroller of the Currency! Pacific Capital Banks December 14, 2010 letter and Trustee Sale No: 11-00125-5DL
Dear Office of the Comptroller of the Currency
Pacific Capital Bank has refused to provide an amortization schedule for this SBA Loan; I have done a little more research and on June 23, 2007 Pacific Capital Bank provided a payment notice with a debt balance of $474,298.51 up to July 6, 2007. This debt was paid down on July 2, 2007 by $22,274.46 leaving a balance of $452, 024.05 that Pacific Capital Bank was to amortize 171 payments at 6%. From an Amortization Schedule this should have been a payment of $3,938.80 instead of Pacific Capital Banks payment amount of $4,121.00 as stated owed by Pacific Capital Bank on December 15, 2010! Mr. George C. Lazar claim of late fees to be accurate, shows Pacific Capital Banks fraud and breach of contract!
Payment Summary Number of Payments:171
Monthly Payment: $3,938.80 Total Principal Paid:$452,024.05 Total Interest Paid:$221,510.19
Total Paid: $673,534.24
Pacific Capital Bank in their December 15, 2010 letter after filing the Office of the Comptroller of the Currency Case # 01394465; ignored the SBA form 147 Note that states “Lender must adjust the payment at least annually as needed to amortize principal over the remaining term of the note.” This means with my extra principal payments in 2007 of $2,236.82 should have lowered my monthly payment. In 2008 the extra principal payments of $1,556.61 should have lowered the monthly principal payment. In 2009 the extra principal paid of $236.82 should have lowered the monthly principal payment even more per the SBA form 147! This breach of contract results in $4,030.25 dollars that PCB had not taken into account on December 15, 2010 which should have lowered my January 1, 2010 payment down to $3,898.90 per month showing a difference of $221.00 a month being overcharged by Pacific Capital Bank in 2010! This is a Breach of Contract by Pacific Capital Bank! Pacific Capital Bank in their August 1, 2007 letter attached, had the chance to correct their mistakes, per their written response in 2007!
This means that Pacific Capital Bank has purposely been overcharging my SBA loan by $182.26 dollars a month! And then in 2010 $221.00 a month! Plus, charging improper attorney fees in 2007 of $2,471.45 which was a breach of contract with the 2007 forbearance and workout agreement prepared by Pacific Capital Bank. Pacific Capital Banks January 14, 2011 Trustee Sale No: 11-00125-5DL is Pacific Capital Bank; bank fraud per their itemization of delinquency presented to Fidelity National Title Company and recorded on January 14, 2011. This improper action by Pacific Capital Bank continues to harm my businesses!
Please note that Pacific Capital Bank has stated in regards to their reasons for not wanting to provide an Amortization Schedule after filing my Office of the Comptroller of the Currency Case # 01394465:
December 30, 2010(In the event that you do agree to this request, please let me know exactly what you mean by an "amortization schedule".) January 4, 2011 (An amortization schedule is not information the Bank is required to provide you.) January 10, 2011 “If there happen to be any mistakes by Pacific Capital Bank – I have no knowledge of any mistakes, so this is hypothetical from my point of view – those could be addressed in any cure of the payment defaults.” January 25, 2011 “With regard to your request for an amortization schedule, an amortization schedule is necessarily based upon assumptions, such as a staticinterest rate, and assumes strict performance by the borrower as required by the terms of the loan. In the case of your loan, the significant defaults and the agreements that have been made not only make any previously-issued amortization not relevant to the loan’s current status, but they preclude a current amortization, since the defaults are continuing, additional charges are being incurred, and the time to maturity is decreasing,among other things. Should the loan be put in a performing status, we could address amortization schedule issues at that time.”
January 25, 2011“With regard to the questions you have been propounding which you chose to resolve through complaint to the OCC, this email will advise you that Pacific Capital Bank has responded to the OCC within their prescribed timeframes, and we assume they will follow up with you based upon that response. Any issues you have with the Bank’s response to the OCC, or with the OCC’s response, should be taken up with the OCC.”
February 2, 2011 “Pacific Capital Bank is no longer lending under the SBA program. As a result, a refinance from Pacific Capital is not something that could be done, although another lender might be in a position to make the proposed loan.”
May 12, 2008“The requests you have made, and the delinquencies in the documentation, have resulted in the Bank incurring additional attorney's fees. As a result, you are requested to forward to Pacific Capital Bank, c/o Ms. Sheffield, a check in the amount of $750.00 to cover anticipated attorney's fees incurred in responding to the requests for information. Of course, this amount is only an estimate, and if the fees exceed the amount received, an additional deposit will be required. Please forward the deposit as soon as possible so that the Bank can begin work on the research you have requested.” Please see attached First Bank of San Luis Obispo payment notice June 23, 2007. July 17, 2007 online accounting by First Bank of San Luis Obispo and First Bank of San Luis Obispo July 24, 2007 payment notice. August 1, 2007 Pacific Capital Bank letter and the December 14, 15, 2010 letters from Pacific Capital Bank after asking questions of Pacific Capital Bank and the Office of the Comptroller of the Currency complaint--Case # 01394465 and their January 25, 2011 email
I am again asking for the Office of the Comptroller of the Currency help in resolving these problems with Pacific Capital Bank dating back to the 2007 forbearance and workout agreement breached by Pacific Capital Bank and their retaliation since filing this OCC complaint in December 2010. Please see the PCB May 12, 2008 email quote above!
Sincerely
Bill Bookout
Oceano Nursery-----PismoBeach Dive Shop------PlumeriasGarden and Gifts
San Luis Obispo New Times Article--2010
Washed away
BY COLIN RIGLEY
CLOGGED
After fighting multiple government agencies for five years over historical flooding in Oceano, Oceano Nursery owner Bill Bookout is facing foreclosure.
PHOTO BY STEVE E. MILLER
Bill Bookout is a man consumed by the legal battles he’s waged. In May 2006, he sued Caltrans, San Luis Obispo County, Union Pacific Railroad, the Pismo Oceano Vegetable Exchange, and the Oceano Community Services District, all with the perhaps naïve hope that someone would clean out a drainage channel bordering Highway 1 in Oceano and stop the flooding that plagues the area every year where his nursery is located.
Bookout’s obsession with his lawsuit and a compulsory finger-pointing at Caltrans crews, whom he’s photographed and videotaped shoveling debris into a drainage channel, has cost him hundreds of thousands of dollars in legal fees. He shut down his business in early 2008 and laid off 12 employees. Now, 10 years after he opened the Oceano Nursery, he’s probably going to lose it to foreclosure.
On a brisk and windy day, Bookout eagerly clomped through the drainage channel leading to a drainage pipe that clogs every year and floods the highway and surrounding businesses.He grabbed a clump of waist-high weeds in the channel.
“Now no one wants to maintain the channel,” he said.
Bookout argues that Caltrans is responsible for maintaining the drainage channel, but crews regularly clog it with debris. He argued this in court, but lost, and now has $200,000 in liens on his various businesses, he said. He’s filed an appeal, but that hasn’t gone to court yet.
“The source of the water is coming from outside of state property—the highway—so our position is that a solution to this flooding rests outside our jurisdiction,” said Jim Shivers, Caltrans public information officer.
Bookout has coated the walls of the nursery, both inside and outside, with pictures of the flooding and Caltrans crews, links to his blog and YouTube pages, and government letters. He’s left the fading paint on water-damaged buildings and scattered piles of junk. In essence, he’s created a massive advertisement for his lawsuit and the flood damage.
Bookout kept making monthly payments on his loan until January, he said. With the debt from his lawsuit, Bookout is now in too much financial trouble to refinance or get a new loan. On March 2, his lender notified him he would have to shell out about $400,000, the remainder of his loan, by March 8 or face foreclosure. He didn’t make the payment and fully expects to lose the business.
Over the past year, it’s flooded 13 times, he said, and in the next big storm it will probably flood again until someone takes responsibility for the drainage channel.
Supervisor Katcho Achadjian hopes that the ongoing case will finally identify a responsible party to take care of the flooding.
“My hopes are that whatever comes out of that lawsuit will point the finger to someone,” Achadjian said.
Bookout said he plans to keep fighting all the way to the Supreme Court. And it’s a fight he seems to see as something much more than flooding or drainage channels: “There’s gonna be a lot of things said in the future about me.”
