California Residents have a right to know of Santa Barbara Banks & Trust and Pacific Capital Banks Loan Modification Fraud as seen below and in the following PDF files! Each Pacific Capital Bank Board of Director is aware of Pacific Capital Bancorp actions since 2007!
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...
I am now asking for the public's help in resolving Santa Barbara Bank & Trust and Pacific Capital Banks actions in their putting Oceano Nursery out of business in 2007! Pacific Capital Bank had known of their SBA loan, Bank mistakes since August 1, 2007 as Pacific Capital Bank stated! “The proper Bank officials will look into the computerized records and determine if there are any problems.”
Pacific Capital Banks Fraud is seen in their May 6, 2011 letter acknowledging the Pacific Capital Bancorp Breach Of Contract since June 30, 2007! Pacific Capital Bank Breach of Contract PDF...
Pacific Capital Banks Fraud is seen in their May 5, 2011 Amortization Schedule mistakes! Pacific Capital Bank ads more debt to the SBA loan, then owed Pacific Capital Bank! Pacific Capital Bank Amortization Schedule PDF...
The public can help by asking questions of Santa Barbara Bank & Trust--and -Pacific Capital Bank in regards to their comments below by Diana Lee! John Walsh OCC Complaint.pdf Please review these PDF files Pacific Capital Bank Fraud PDF And then Pacific Capital Banks statement through Diana Lee! Notice that Pacific Capital Bank has copied Congresswoman Lois Capps, Senator Sam Blakeslee along with the Santa Barbara News Press in their May 31, 2011 statements stating that their May 6, 2011 amortization schedule documents are correct!
Pacific Capital Banks Mortgage Theft of Principal May 19, 2011 letter pdf... The statements in this May 19, 2011 Pacific Capital Bank letter are very hurtful, threatening and intimidating! Pacific Capital Bank believes the May 6, 2011 information is correct as stated by Diana Lee on May 31, 2011! Pacific Capital Bank in this letter steals $22,274.46 that is not applied to my SBA loan! Pacific Capital Bank then in this May 19, 2011 letter is trying to claim that they are owed $45,171.20 in which Pacific Capital Bank is not owed per their online accounting!
The public can help by informing their Neighbors and Friends, News Media of Pacific Capital Bancorp actions! The Office of the Comptroller of the Currency Case # 01394465 is aware of Pacific Capital Banks actions!
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: Bill Bookout [mailto:pismobeachsurfshop@charter.net]
Sent: Wednesday, May 25, 2011 12:55 PM
To: 'Diana Lee'
Cc: 'Christine Sontag'; 'rnightingale@dbntm.com' ; 'jmackall@seedmackall.com' ; 'GeorgeS.Leis@pacificcapitalbank.com' ; 'GeraldJ.Ford@pcbancorp.com' ; 'Ashker, Terrill K.' ; 'sandiego@sba.gov' ; 'Congresswoman Lois Capps' ; 'Senator.Blakeslee@senate.ca.gov' ; 'ombudsman@fdic.gov' ; 'ombudsman@sba.gov' ; 'sbcountyda@co.santa-barbara.ca.us' ; 'dvallely@co.slo.ca.us' ; 'Carlos.Mendoza@sba.gov' ; 'Manalli, John A.' ; 'mark.olson@pcbancorp.com '
Subject: RE: Santa Barbara Bank & Trust, PCB---Bank Fraud and Breach of Contract since 2007!
May 25, 2011 Office of the Comptroller of the Currency Case # 01394465
Diana Jessup Lee, Esq.
Reicker, Pfau, Pyle & McRoy LLP
1421 State Street
Santa Barbara , CA 93101
Dear Mrs. Lee,
Re: Pacific Capital Banks May 25, 2011 belief that PCB has answered “pertinent questions.”
Thank you, for admitting to Pacific Capital Banks Breach of Contract and Mortgage Modification Fraud since June 30, 2007 as seen in your May 19, 2011 letter! Can you immediately provide copies of all the First Bank of San Luis Obispo
I have received Pacific Capital Banks May 25, 2011 letter attached above in regards to the Qualified Written Request of Pacific Capital Bank! Again please provide all of the documents requested in the Qualified Written Request of Pacific Capital Bank! Mrs. Lee, As you know, RESPA provides substantial penalties and fines for non-compliance or answers to my questions provided in the April 14, 2011 RESPA letter within sixty [60] days! Please note that the Office of the Comptroller of the Currency Case # 01394465 has been made aware of your actions! I am copying the Office of RESPA and Interstate Land Sales below with your May 25, 2011 letter!
Please provide all of the documents requested of Pacific Capital Bancorp on April 14, 2011 in the Qualified Written Request Complaint sent to Pacific Capital Bank and signed for on April 15, 2011 by Pacific Capital Bank! Please see attached Qualified Written Request Complaint copy below to you and Christine M. Sontag, Senior Vice President and Associate General Council Santa Barbara Bank & Trust. This request is also seen at www.pacificcapitalbank.co
Please explain why Pacific Capital Bank has committed Bank Fraud and Breach of Contract by charging monthly mortgage payments since July 2007 of $4,121.06? You have admitted Pacific Capital Banks Breach of Contract and Mortgage Modification Fraud in Pacific Capital Banks May 5, 2011 amortization schedule and May 6, 2011 letter
Please explain why Pacific Capital Bank has committed Bank Fraud and Breach of Contract by your May 19, 2011 letter in regards to the June 23, 2007 payment Notice showing a balance owed First Bank of San Luis Obispo
Please provide the documents for Pacific Capital Banks claim in your May 19, 2011 letter P. 2 “As of July 6, 2007, your account was $67,445.66 past due as a result of your failure to make the prior 15 months of payments.” PCB States: (not including late fees and other costs that PCB is entitled to charge you pursuant to the SBA loan) was $487,469.96.” Per the First Bank of San Luis Obispo
Please explain how the SBA form 1149 Loan # 664-196-4009 dated September 13, 2010 and signed by Stephanie Millender shows a December 31, 2009 debt of $390,996.91 compared to the Pacific Capital Bank May 5, 2011 amortization schedule # 1showing a debt on December 6, 2009 of $408,765.78? This is a $17,768.87 difference and shows Pacific Capital Banks continued Breach of Contract and mortgage modification fraud! Who at Pacific ha prepared the May 5, 2011 amortization schedule against the SBA form 1149 Loan # 664-196-4009 dated September 13, 2010 and signed by Stephanie Millender?
Please explain why in the SBA form 1149 Loan # 664-196-4009 dated September 13, 2010 and signed by Stephanie Millender, shows a monthly mortgage payment of $4,121.06 against SBA Form 147 Note signed October 6, 2003? How has Pacific Capital Bank yearly re-amortized the May 5, 2011 Pacific Capital Bank amortization schedule per SBA Form 147 Note? Why has Pacific Capital Bank not yearly re-amortized the May 5, 2011 amortization schedule payment of $4,055.30 per SBA Form 147 Note?
Pacific Capital Bank in the May 19, 2011 letter # 2 mentions the Pacific Capital Bank Grand Theft! Please note that the accounting as seen in the amortizations schedules 1 and 2 dated May 5, 2011 is Grand theft per Pacific Capital Banks online accounting and their October 26, 2010 Demand Statement prepared by Sandra Sheffield! Why did Pacific Capital Bank steal the $22,274.66 paid Pacific Capital Bank per the 2007 loan modification? Please see SBA form 1149 Loan # 664-196-4009 dated September 13, 2010 and signed by Stephanie Millender to view Pacific Capital Banks theft of principal against the 2007 loan modification! Why did Pacific Capital Bank not live up to the 2007 loan modification signed by Sandra Sheffield?
Pacific Capital Bank in the May 19, 2011 letter # 3 shows the Pacific Capital Bank Grand Theft, Mortgage Modification Fraud and Breach of Contract per the online Pacific Capital Bank accounting and the October 26, 2010 Demand Letter from Sandra Sheffield! With Pacific Capital Banks statement: “Pursuant to the Forbearance Agreement, the deferred payment amount of $45,171.20 was accelerated and became immediately payable in full within 15 days, when you defaulted on the forbearance agreement. Thus, the principal balance of $420,024.30 plus $45,171.20 in deferred payments equals $465,195.50. Furthermore, the immediately due and payable $45,171.20 amount will be included as part of your default in any future Notice of Default.” Please explain why Pacific Capital Bank did not amortize the SBA loan at $420, 024.30 with Pacific Capital Banks statement above showing $45,171.20 not amortized over the life of my SBA loan per the 2007 loan modification breach of contract by Pacific Capital Bank? This SBA loan payment should have been $3,659.96 per month before extra payments and Pacific Capital Banks responsibility to yearly re-amortize the SBA loan per SBA Form 147 Note signed with First Bank of San Luis Obispo
Pacific Capital Bank in the May 19, 2011 letter # 4 shows the Pacific Capital Bank Grand Theft, Mortgage Modification Fraud and Breach of Contract per the online Pacific Capital Bank accounting and the October 26, 2010 Demand Letter from Sandra Sheffield! How does Pacific Capital Bank now feel that they are entitled to extra principal as George Lazar had only claimed $37,801.09? Please provide the monthly Payment Notice Statements for these 15 billed mortgage payments for account # 100983501? How does Pacific Capital Bank now feel that they can charge for principal twice?
Sincerely
Bill Bookout
CC San Luis Obispo District Attorney---Daniel Hilford—Debra Vallely
CC Santa Barbara District Attorney---- Joyce E. Dudley
CC Office of the Comptroller of the Currency Case # 01394465 John Walsh
CC U.S.
John Walsh, Office of Comptroller of the Currency Administrator of National Banks Case # 01394465
1301 McKinney Street, Suite 3450
Houston , Texas 77010-9050
Attorney General Kamala D. Harris
California Department of Justice
P. O. Box 944255
Sacramento
·
FDIC Consumer Response Center
1100 Walnut Street, Box #11
Kansas City , MO 64106
Federal Trade Commission
600 Pennsylvania Avenue NW
Washington , DC 20552
Office of Housing Enterprise
1700 G Street, NW
Washington , DC 20552
Office of RESPA and Interstate Land
Office of Housing, Room 9146
Department of Housing and Urbon Development
451 Seventh Street,SW
Washington DC 20410
Government National Mortgage Association
451 Seventh Street, SW
Washington DC 20410
From: Bill Bookout [mailto:pismobeachsurfshop@charter.net]
Sent: Sunday, May 15, 2011 5:28 PM
To: 'Christine Sontag'
Cc: 'mark.olson@pcbancorp.com'; 'rnightingale@dbntm.com'; 'jmackall@seedmackall.com'; 'GeorgeS.Leis@pacificcapitalbank.com'; 'GeraldJ.Ford@pcbancorp.com'; 'CarlB.Webb@pacificcapitalbank.com'; 'Carol.Zepke@pcbancorp.com'; 'Debbie.Whiteley@pcbancorp.com'; 'lol@rsmediate.com'; 'sandiego@sba.gov'; 'Carlos.Mendoza@sba.gov'; 'Manalli, John A.'; 'Ashker, Terrill K.'; 'dvallely@co.slo.ca.us'; 'ombudsman@sba.gov'; 'ombudsman@fdic.gov'; 'legal@fdic.gov'
Subject: RE: Santa Barbara Bank & Trust, Pacific Capital Bancorp---Bank Fraud and Breach of Contract since 2007!
May 15, 2011 Office of the Comptroller of the Currency Case # 01394465
Christine M. Sontag
Senior Vice President and Associate General Council
Santa Barbara Bank & Trust
1021 Anacapa St
Santa Barbara , CA 93101
Thank you, for Pacific Capital Banks response below May 10th and May 11th 2011! Unfortunately, Diana Lee is unable to answer the First Bank of San Luis Obispo, Pacific Capital Bank accounting questions, since June 30, 2007! Diana Lee came unprepared to Mediation on April 27, 2011 and did not want to resolve Pacific Capital Banks Breach of Contract and Mortgage Modification Fraud since 2007!
The fact that Pacific Capital Bank would ignore a signed 2003 SBA loan Contract is not a minor problem! The fact that Pacific Capital Bank would overcharge 46 months of SBA Loan payments, by not properly amortizing the Oceano Nursery SBA loan, per signed contracts is not a minor problem! Pacific Capital Bank overcharging charging forty six months at $511.65 per month, totaling $23,535.90 should not be legal in our California Banking system! Pacific Capital Bank charging Attorney fees for asking banking questions of Pacific Capital Bank since July 2007 will now have to be resolved along with late fees at 5% on $4,121.06 as seen below!
Christine M. Sontag------Remember Pacific Capital Bank had stated August 1, 2007 “The proper Bank officials will look into the computerized records and determine if there are any problems.” This has not been done by Pacific Capital Bank! Oceano Nursery is now out of business due to Pacific Capital Banks actions on May 17, 2007 to present!
Christine M. Sontag------How did Pacific Capital Bank come up with a loan debt of $465,195.50 on July 6, 2007 per Pacific Capital Banks amortization schedule # 1 prepared by Pacific Capital Bank attached above, dated May 5, 2011? How did Pacific Capital Bank come up with a loan debt on December 6, 2009 of $411,531.23? How did Pacific Capital Bancorp come up with a loan debt on December 6, 2010 of $386,887.41? Please review the Pacific Capital Bank, September 12, 2010 SBA Form 1149 Debt of $390,996.91!
Diana Jessup Lee, has admitted to Pacific Capital Banks Grand Theft of my business working capital as she states May 6, 2011! “In the process of creating Schedule 1, some relatively minor differences of opinion developed regarding how to interpret and apply the terms of the Forbearance Agreement.” How did Pacific Capital Bank come up with a loan debt of $465,195.50 on July 6, 2007 per PCB amortization schedule # 1? How did Pacific Capital Bank come up with the 10 deferred payments from 5/5/06 to 7/6/07 of $67,445.66? George C. Lazar claimed in an NOD Account email on January 25, 2011 that, Pacific Capital Bank was owed 10 deferred payments and interest from 10/2006 - 7/2007 of $37,801.09. How did Pacific Capital Bank come up with an additional $27,394.41 owed in Pacific Capital Banks Amortization Schedule # 1 prepared on May 5, 2011?
Again, Diana Jessup Lee is not qualified to answer the questions asked of Pacific Capital Bank and its Board of Directors; making it necessary for this type of communication with Pacific Capital Bancorp! It is a shame that Pacific Capital Bancorp would commit this type of Breach of Contract and Mortgage Modification Fraud, now known to the Office of the Comptroller of the Currency Case # 01394465, (John Walsh) the San Luis Obispo District Attorney along with the U.S. Small Business Administration!
Sincerely
Bill Bookout
CC San Luis Obispo District Attorney---Daniel Hilford—Debra Vallely
CC Santa Barbara District Attorney
CC Office of the Comptroller of the Currency Case # 01394465 John Walsh
CC U.S.
From: Christine Sontag [mailto:CHRISTINE.SONTAG@sbbt.com]
Sent: Tuesday, May 10, 2011 10:52 AM
To: 'Bill Bookout'
Cc: Diana Lee
Subject: RE: Santa Barbara Bank & Trust, Pacific Capital Bancorp---Bank Fraud and Breach of Contract since 2007!
Dear Mr. Bookout,
As you know, the Bank has retained attorney Diana Lee to represent the Bank in all matters concerning your relationship with the Bank. Ms. Lee, on behalf of the Bank, participated in a full day of mediation with you on April 27, 2011, and followed up, as promised, by sending additional information to you on May 6, 2011.
Your ongoing email correspondence to various Bank employees, officers and directors, including myself, is distracting and unhelpful. Ms. Lee is fully authorized to represent the Bank in this matter, and I once again request that you direct all communication regarding this matter to Ms. Lee. None of the other Bank employees, officers, and directors to whom you are addressing correspondence will be responding to your correspondence. This is not, however, because the Bank refuses to communicate with you on this matter, but rather because the Bank has designated Ms. Lee as its representative to work directly with you. We ask that you respect the Bank’s decision, and direct all further communication with the Bank to Ms. Lee’s office.
Thank you for your anticipated cooperation with this request.
Christine
Christine Sontag
Senior Vice President and Associate General Counsel
Pacific Capital Bank, N.A.
From: Christine Sontag [mailto:CHRISTINE.SONTAG@sbbt.com]
Sent: Wednesday, May 11, 2011 5:33 PM
To: 'Bill Bookout'
Cc: Diana Lee
Subject: RE: Santa Barbara Bank & Trust, Pacific Capital Bancorp---Bank Fraud and Breach of Contract since 2007!
Dear Mr. Bookout,
For the record, I find your communication replete with inaccuracies. But as I informed you yesterday, neither I nor other Bank employees, officers or directors will respond to your correspondence because the Bank has retained attorney Diana Lee to handle this matter on the Bank’s behalf. My non-response to this or any future correspondence from you shall not be construed as agreement with your characterization of events, but rather reflects the Bank’s designation of Ms. Lee as the single source of communication on this matter. Please honor my request and direct this, and all future, communication to Ms. Lee.
Thank you,
Christine Sontag
Senior Vice President and Associate General Counsel
From: Bill Bookout [mailto:pismobeachsurfshop@charter.net]
Sent: Wednesday, May 11, 2011 5:15 PM
To: Christine Sontag
Cc: Kelley McCord; Debbie Whiteley; Carol Zepke; 'Diana Lee'; ajsantana@co.slo.ca.us; dvallely@co.slo.ca.us; dporter@dfi.ca.gov; GeorgeS.Leis@pacificcapitalbank.com
Subject: RE: Santa Barbara Bank & Trust, Pacific Capital Bancorp---Bank Fraud and Breach of Contract since 2007!
May 9, 2011 Office of the Comptroller of the Currency Case # 01394465
Christine M. Sontag
Senior Vice President and Associate General Council
Santa Barbara Bank & Trust
1021 Anacapa St
Santa Barbara , CA 93101
Dear Mrs. Christine M. Sontag,
Santa Barbara Bank & Trust ---Pacific Capital Bank--
If you find anything below to be inaccurate, then please explain to myself and the San Luis Obispo District Attorney office by May 13, 2011. Pacific Capital Bank stealing $511.65 a month from a bank SBA loan business customer is Grand Theft! Your claim of $93.01 per month on May 6, 2011 is also Grand Theft!
Sincerely
Bill Bookout
From: Bill Bookout [mailto:pismobeachsurfshop@charter.net]
Sent: Wednesday, May 11, 2011 10:32 AM
To: 'rnightingale@dbntm.com'
Cc: 'rnightingale@dbntm.com' ; 'jmackall@seedmackall.com' ; 'Christine Sontag' ; 'Carol.Zepke@pcbancorp.com' ; 'CarlB.Webb@pacificcapitalbank.com' ; 'GeorgeS.Leis@pacificcapitalbank.com' ; 'GeraldJ.Ford@pcbancorp.com' ; 'dvallely@co.slo.ca.us' ; 'ajsantana@co.slo.ca.us' ; 'lol@rsmediate.com' ; 'Mary Jo Barbeau' ; 'LeSieur, Debbie' ; 'Kelley McCord'
Subject: RE: Santa Barbara Bank & Trust, Pacific Capital Bancorp---Bank Fraud and Breach of Contract since 2007!
May 11, 2011 Office of the Comptroller of the Currency Case # 01394465
Nightingale, Richard A CPA - Damitz Brooks Nightingale
200 E Carrillo St Ste 202
Santa Barbara , CA 93101
(805) 963-1837
Dear Mr. Nightingale,
Re: Pacific Capital Banks Breach of Contract and Mortgage Modification Fraud since 2007!
Diana Lee has acknowledged Pacific Capital Bank Mortgage Fraud as seen in her May 6, 2011 letter! It is now time that Pacific Capital Banks Board of Directors explain why Pacific Capital Bank would overcharge my SBA loan by $511.65 dollars per month?
The Accounting from the June 23, 2007 First Bank of San Luis Obispo
Attached above is the Pacific Capital Bank, Santa Barbara Bank & Trust, First Bank of San Luis Obispo
Diana Jessup Lee, in her May 6, 2011 Pacific Capital Bank letter states: “If you have a reasonable plan for curing your past due balance, we remain very interested in hearing it. Otherwise, we will have no option but to go forward with foreclosure proceedings which as we agreed in the mediation, will be re-started with a new Notice of Default after May 13, 2011.” Diana Lee acknowledged a $460.00 dollar a month mistake by Pacific Capital Bank! What makes Pacific Capital Bancorp think that they can steal principal from their customers and be able to foreclose on a SBA loan having stolen money from a Banking customer?
I am requesting of Pacific Capital Bancorp to reestablish my Oceano Nursery Business back to the inventory level and customer base in 2007! Resolve the environmental problems found with Pacific Capital Banks ODIC inspections on May 6, 2011 as Pacific Capital Bank has been found falsifying ODIC documents in the 2007 environmental investigation paid for by myself in the 2007 loan modification! This $3,600.00 of business working capital for PCB Fraud along with $1,953.45 in Attorney fees for asking for an accounting of my mortgage payments is a very large business loss of income! The fact that Pacific Capital Bank would charge over $34,000.00 for their payment accounting mistake on May 11, 2007 is a very large business loss; that now needs to be accounted for by Pacific Capital Bank and Santa Barbara Bank & Trust!
In Diana Lee’s May 6, 2011 letter attached above are many issues regarding Pacific Capital Banks, Santa Barbara Bank & Trust---Bank Fraud and Breach of Contract, which will now need to be accounted for by Pacific Capital Bancorp! Mrs. Diana Lee States: “ In the process of creating Schedule 1, some relatively minor differences of opinion developed regarding how to interpret and apply the terms of the Forbearance Agreement. As part of the mediation and compromise process, we decided to prepare a second schedule, “Schedule 2,” which extends every possible advantage to you, even if not consistent with the terms of your SBA loan or the computerized software that tracks loans. We do this in an effort to eliminate any further disputes with you, as well as the cost to all parties of continued disagreement.”
“We have recalculated the application of your actual payments using the favorable considerations given to you in Schedule 2. Nevertheless, your loan remains significantly past due (17 monthly payments plus the unpaid deferred amounts which were past due at the time of the 2007 Forbearance Agreement totaling in excess of $100,000).” In Diana Lee’s May 6, 2011 statement she is still referring to the $37,801.09 Pacific Capital Bank 2007 deferred payments showing Pacific Capital Bank over charging my SBA loan by $511.65 per month since June 30, 2007!
Please explain how Pacific Capital Bank on May 5, 2011 came up with a SBA loan debt of $465,195.50 or $462,069.51 with monthly mortgage payments of $4,055.30 or $4,028.05 per month instead of the monthly payment of $4,121.06 charged by PCB since July 2007? Shouldn’t this monthly payment have been $3,609.41 from Pacific Capital Banks May 6, 2011 statement “(payments plus the unpaid deferred amounts which were past due at the time of the 2007 Forbearance Agreement totaling in excess of $100,000).”
1) The Pacific Capital Bank/SBA total loan debt on June 30, 2007 should have been $452,024.05 per the June 23, 2007 First Bank of San Luis Obispo
2) Please explain why Pacific Capital Bank is now asking in their May 6, 2011 letter, for the 2007 deferred payments and did not charge my monthly mortgage payment in 2007 $3,609.41 instead of $4,121.06? This extra principal payment per month is $511.65 that could have been used for my Oceano Nursery business or my personal house that Pacific Capital Bank would not let me sale! How is Pacific Capital Bancorp going to resolve this issue?
3) How did Pacific Capital Bank in the May 5, 2011 Amortization Schedule come to 10 deferred payments of $4,517.12 or $45,171.20 when the January 9, 2007 demand letter written by Heidi Dugan showed payments owed of $4,391.08 for October 2006--$4,246.38 for November 2006—$4,053.66 for December 2006 and $3,813.90 for January 6, 2007? The PCB payment notice of $3,529.24 for the February 6, 2007 payment. The PCB payment notice February 21, 2007 of $3,201.82 March 24, 2007 of $2,832.93 May 23, 2007 for May 6, 2007 of $2,428.61 and the June 6, 2007 payment of $1,990.57 along with the June 23, 2007 First Bank of San Luis Obispo June 23, 2007 invoice for July 6, 2007 payment of $1,524.46 which adds up to $32,012.65 instead of $45,171.20? The NOD filed January 14, 2007 by Pacific Capital Bank claimed 10 Deferred payments from 10/2006 - 7/2007 of $37,801.09 instead of $45,171.20! showing more Pacific Capital Bank Mortgage Fraud Accounting!
4) How has Pacific Capital Bank in the May 5, 2011 amortization schedule # 2 reduced the SBA loan payments of $22,274.46 per the June 30, 2007 Forbearance and workout agreement only by $3,125.99 as seen in the “Cash Flow Data” Balance after 5 payments---$416,898.31? What happened to the other $19,148.47 that Diana Lee does not put into this calculation?
5) Diana Lee in her May 6, 2011 letter states: “As you know, a schedule showing anticipated payments and application of those anticipated payments was not requested or prepared at the time you entered into the Forbearance Agreement effective June 30, 2007.” Pacific Capital Bank should be responsible for their customer accounting actions and not the customers! Having in July 2007 finding accounting problems with First Bank Of San Luis Obispo—Pacific Capital Bank and bringing these problems to PCB’ attention; PCB stated in a letter August 1, 2007 “The proper Bank officials will look into the computerized records and determine if there are any problems.” It is unfortunate that this PCB---SBA loan was never properly looked into and amortized properly in 2007. How did PCB come up with the SBA loan payment of $4,121.06 instead of $3,609.41?
6) Why is Diana Jessup Lee, threatening me with foreclosure with Pacific Capital Banks admitted Breach of Contract and Mortgage Modification Fraud since June 30, 2007 in her May 6, 2011 Pacific Capital Bank letter?
It is unfortunate that Pacific Capital Bank would want to charge Attorney fees to answer accounting questions of Pacific Capital Bank and that Diana Lee would ignore this fact as Pacific Capital Bank stated May 12, 2008, in regards to asking accounting questions of Pacific Capital Bank! “The requests you have made, and the delinquencies in the documentation, have resulted in the Bank incurring additional attorney's fees. As a result, you are requested to forward to Pacific Capital Bank, c/o Ms. Sheffield, a check in the amount of $750.00 to cover anticipated attorney's fees incurred in responding to the requests for information. Of course, this amount is only an estimate, and if the fees exceed the amount received, an additional deposit will be required. Please forward the deposit as soon as possible so that the Bank can begin work on the research you have requested.”
In prior attempts to obtain a proper accounting Pacific Capital Bank has stated December 30, 2010 "Second, you asked for an amortization schedule. As I indicated in my email of last week, I will provide information on your agreement that you will communicate only with me, rather than sending emails to a number of persons at Pacific Capital Bank. As you have not made that agreement, I do not feel that any further response is necessary. I believe that the request that you communicate with me is reasonable and necessary, and we will insist on that condition. (In the event that you do agree to this request, please let me know exactly what you mean by an "amortization schedule".) Is this how Pacific Capital Bank treats all of their customers who ask for an accounting of their loans? At least Diana Lee has admitted May 6, 2011 that Pacific Capital Bank improperly amortized the Oceano Nursery business loan!
Pacific Capital Bank has stated January 4, 2011 affecting all PCB Banking, Customers in San Luis Obispo and Santa Barbara Counties
Pacific Capital Bank has stated March 4, 2011 showing PCB Loan Accounting Mortgage Fraud and Breach Of Contract with the May 6, 2011 Amortization Schedule prepared just two months later by Pacific Capital Bancorp! “In light of your claims, we have reexamined the computation of the amount owing under the terms of the promissory note you executed. (As you will recall, by virtue of the fact of the default under the forbearance, the note terms were reinstated.) In fact, it turns out that the notice of default understates the amount that was due at the time of the recording of the notice of the default. The amount owing was $97,369.07, not the $96,434.82 set forth in the NOD.”
This March 4, 2011 statement by Pacific Capital Bank with the May 6, 2011 amortization schedule show the SBA and the OCC how Pacific Capital Bank handles their banking loans!
Why has it taken Pacific Capital Bank from July 2007 to May 6, 2011 to acknowledge the Loan Modification Fraud and Breach of Contract committed by Pacific Capital Bancorp since 2007? Pacific Capital Bank stated August 1, 2007 “The proper Bank officials will look into the computerized records and determine if there are any problems.”
Pacific Capital Bancorp, from your actions, my damages are unlimited!
1) I have lost my Oceano Nursery business due to Pacific Capital Banks actions in 2007! From May 18, 2007 to March 31, 2007 inventory has been sold at 50% off per PCB actions coming to $673,369.91!
2) I have lost the ability to sale my 631 Lake Street
3) I have lost this personal residence in foreclosure due to Pacific Capital over charging my SBA loan as acknowledged by Pacific Capital Bank May 6, 2011! This action by Pacific Capital Bank has ended all of my good credit! What would a Jury find with this action by Pacific Capital Bank?
4) I have had to pay Pacific Capital Bank Attorney fees of $1,953.45 in 2007, after and against the signed 2007 Pacific Capital Bank loan modification! $1953.45 times 365 days of lost use is $713,009.25.
5) I have lost my good will with Oceano Nursery established in 2000! What would a jury find as good will from 2007-2011?
6) I have lost good will with all of my businesses in Pismo Beach Pismo Beach Pismo Beach
7) Pacific Capital Banks actions on May 17, 2007 instead of the signed contract on May 15, 2007 cost Oceano Nursery $25,925.00 dollars of SBA loaned business working capital! This $25,925.00 dollars at 365 days is a lot of potential lost income!
8) Pacific Capital Bank use of my business working capital for not properly amortizing the 2007 loan modification is a huge issue and how many other Pacific Capital Bancorp customers are having the same accounting problems from Pacific Capital Bancorp!
9) Emotional distress caused by Pacific Capital Bank as seen in Diana Lee’s letter and George C. Lazars letter in asking for an accounting of my business loan!
Richard A, Nightingale, Pacific Capital Bancorp has put Oceano Nursery out of Business and impacted my businesses in Pismo Beach, while causing my personal residence into foreclosure! The SBA and the Office of the Comptroller of the Currency Case # 01394465 are aware of Pacific Capital Bancorp’s actions since 2007! I have informed the OCC and the SBA of Pacific Capital Banks May6, 2011 letter and the Amortization Schedule prepared by Pacific Capital Bank, that are still wrong, but shows Pacific Capital Banks Breach of Contract and Mortgage Modification Fraud!
Again I wish to reestablish my Oceano Nursery business, Plumerias Garden
Sincerely
Bill Bookout
From: Bill Bookout [mailto:pismobeachsurfshop@charter.net]
Sent: Tuesday, May 10, 2011 12:16 PM
To: 'Diana Lee'
Cc: 'rnightingale@dbntm.com' ; 'jmackall@seedmackall.com' ; 'Christine Sontag' ; 'Carol.Zepke@pcbancorp.com' ; 'CarlB.Webb@pacificcapitalbank.com' ; 'GeorgeS.Leis@pacificcapitalbank.com' ; 'GeraldJ.Ford@pcbancorp.com' ; 'dvallely@co.slo.ca.us' ; 'ajsantana@co.slo.ca.us' ; 'lol@rsmediate.com' ; 'Mary Jo Barbeau'
Subject: RE: Santa Barbara Bank & Trust, Pacific Capital Bancorp---Bank Fraud and Breach of Contract since 2007!
May 10, 2011 Office of the Comptroller of the Currency Case # 01394465
Diana Jessup Lee, Esq.
Reicker, Pfau, Pyle & McRoy LLP
1421 State Street
Santa Barbara , CA 93101
Dear Mrs. Lee,
As we have agreed not to go public with Pacific Capital Banks Breach of Contract and Bank Mortgage Fraud until May 13, 2011. How did Pacific Capital Bank come up with the Pacific Capital Bank amortized loan debt of $384,287.55 on December 6, 2010? Please review First Bank of San Luis Obispo
12/31/2009
$4,121.06
$390,996.91
Please review the January 25, 2011 NOD accounting below in regards to how Pacific Capital Bank had accounted for the deferred payments! Pacific Capital Bank has put the 10 deferred payments at the end of the SBA loan as seen in the NOD filed January 14, 2011.
Mrs. Diana Lee, when will Pacific Capital Bank be changing their online accounting mistakes?
Sincerely
Bill Bookout
4/18/2011
$206.05
$390,996.91
4/8/2011
$2,150.00
$390,996.91
3/16/2011
$206.05
$390,996.91
3/9/2011
$1,490.24
$390,996.91
3/9/2011
$948.00
$390,996.91
2/24/2011
$2,408.00
$390,996.91
2/16/2011
$206.05
$390,996.91
2/1/2011
$2,218.71
$390,996.91
1/18/2011
$206.05
$390,996.91
12/16/2010
$206.05
$390,996.91
11/16/2010
$206.05
$390,996.91
10/18/2010
$206.05
$390,996.91
9/17/2010
$900.00
$390,996.91
9/17/2010
$2,800.00
$390,996.91
9/16/2010
$206.05
$390,996.91
8/16/2010
$206.05
$390,996.91
7/16/2010
$206.05
$390,996.91
7/15/2010
$350.00
$390,996.91
6/16/2010
$206.05
$390,996.91
6/3/2010
$15.50
$390,996.91
5/17/2010
$206.05
$390,996.91
4/16/2010
$206.05
$390,996.91
3/16/2010
$206.05
$390,996.91
3/8/2010
$50.00
$390,996.91
2/16/2010
$206.05
$390,996.91
1/19/2010
$206.05
$390,996.91
12/31/2009
$4,121.06
$390,996.91
12/16/2009
$206.05
$392,024.73
11/13/2009
$0.94
$392,024.73
11/13/2009
$4,121.06
$392,024.73
10/5/2009
$4,121.06
$393,622.29
10/5/2009
$78.94
$395,532.71
9/1/2009
$4,121.06
$395,532.71
9/1/2009
$78.94
$395,686.06
7/2/2009
$78.94
$395,686.06
7/2/2009
$4,121.06
$395,686.06
6/30/2009
$4,121.06
$399,675.72
6/30/2009
$78.94
$402,473.58
6/10/2009
$4,121.06
$402,473.58
5/11/2009
$78.94
$404,599.36
5/11/2009
$4,121.06
$404,599.36
4/21/2009
$78.94
$407,381.08
4/21/2009
$4,121.06
$407,381.08
4/16/2009
$206.05
$410,624.64
4/9/2009
$4,121.06
$410,624.64
4/9/2009
$78.94
$412,710.42
4/9/2009
$4,200.00
$412,710.42
Santa Barbara Bank & Trust, First National Bank of Central California, South Valley National Bank, San Benito Bank and First Bank of San Luis Obispo are divisions of Pacific Capital Bank, N.A., member FDIC.
© 2010 Pacific Capital Bank, N.A. All rights reserved.
From: Bill Bookout [mailto:pismobeachsurfshop@charter.net]
Sent: Tuesday, May 10, 2011 7:01 AM
To: 'rnightingale@dbntm.com'
Cc: 'jmackall@seedmackall.com' ; 'lol@rsmediate.com' ; 'Ashker, Terrill K.' ; 'Carlos.Mendoza@sba.gov' ; 'Manalli, John A.' ; 'dvallely@co.slo.ca.us' ; 'ajsantana@co.slo.ca.us' ; 'sandiego@sba.gov'
Subject: RE: Santa Barbara Bank & Trust, Pacific Capital Bancorp---Bank Fraud and Breach of Contract since 2007!
May 10, 2011 Office of the Comptroller of the Currency Case # 01394465
Nightingale, Richard A CPA - Damitz Brooks Nightingale
200 E Carrillo St Ste 202
Santa Barbara , CA 93101
(805) 963-1837
Dear Mr. Nightingale,
Re: Pacific Capital Banks Breach of Contract and Mortgage Modification Fraud since 2007
As, you are aware of the letter attached above from PCB Attorney Diana Jessup Lee (155191), Esq. of Reicker, Pfau, Pyle & McRoy LLP on May 6, 2011. Pacific Capital Bank shows their Breach of Contract and Bank Mortgage Modification Fraud again in the Pacific Capital Bank Amortization schedule #1 and 2!
Can you explain how on December 6, 2010 my mortgage debt per the May 6, 2011 loan amortization schedule was $384,287.55? The Pacific Capital Bank--U. S. Small Business Administration September 13, 2010 Stephanie Millender singed SBA form 1149 shows a balance of $390,996.91 being a difference of $6,709.36?
Please review the NOD figure below showing what Pacific Capital Bank thought was the loan debt on January 14, 2011 instead of the now claimed debt of $6,709.36 on January 14, 2011! How is Pacific Capital Bank entitled to account for their loans with this type of accounting? I would suggest that a full audit of all loans with Pacific Capital Bancorp is in order by the Office of the Comptroller of the Currency! Please respond by May 13, 2011!
Taking another look at Pacific Capital Banks Breach of Contract and Bank Mortgage Modification Fraud from June 30, 2007!
The Accounting from the June 23, 2007 First Bank of San Luis Obispo
Please respond to my questions asked of Pacific Capital Bank by May 13, 2011 as this is a time frame set up by Diana Lee as seen below!
Sincerely
Bill Bookout
CC San Luis Obispo District Attorney
CC Santa Barbara District Attorney
CC Office of the Comptroller of the Currency Case # 01394465
CC U.S.
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 static interest rate, and assumes strict performance by the borrower as required by the terms of the loan. In the case of your loan, the significant defaults and the agreements that have been made not only make any previously-issued amortization not relevant to the loan’s current status, but they preclude a current amortization, since the defaults are continuing, additional charges are being incurred, and the time to maturity is decreasing,
among other things. Should the loan be put in a performing status, we could address amortization schedule issues at that time.
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 , California 92101-4417
Tel: 619.595.7187
Toll Free: 877.272.3734
Mobile
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: Bill Bookout [mailto:pismobeachsurfshop@charter.net]
Sent: Monday, May 09, 2011 11:30 AM
To: 'Christine Sontag'
Cc: 'lol@rsmediate.com' ; 'rnightingale@dbntm.com' ; 'jmackall@seedmackall.com' ; 'Debbie.Whiteley@pcbancorp.com' ; 'Carol.Zepke@pcbancorp.com' ; 'Ashker, Terrill K.' ; 'sandiego@sba.gov' ; 'Carlos.Mendoza@sba.gov' ; 'Manalli, John A.' ; 'Diana Lee'; 'Doug.Lutz@pcbancorp.com' ; 'legal@fdic.gov' ; 'Pamela Brinks'
Subject: RE: Santa Barbara Bank & Trust, Pacific Capital Bancorp---Bank Fraud and Breach of Contract since 2007!
May 9, 2011 Office of the Comptroller of the Currency Case # 01394465
Christine M. Sontag
Senior Vice President and Associate General Council
Santa Barbara Bank & Trust
1021 Anacapa St
Santa Barbara , CA 93101
Dear Santa Barbara Bank & Trust ---Pacific Capital Bank-- Mrs. Christine M. Sontag,
Attached above is the Pacific Capital Bank, Santa Barbara Bank & Trust, First Bank of San Luis Obispo
Diana Jessup Lee, in her May 6, 2011 Pacific Capital Bank letter states: “If you have a reasonable plan for curing your past due balance, we remain very interested in hearing it. Otherwise, we will have no option but to go forward with foreclosure proceedings which as we agreed in the mediation, will be re-started with a new Notice of Default after May 13, 2011.”
I am requesting of Pacific Capital Bancorp to reestablish my Oceano Nursery Business back to the inventory level and customer base in 2007! Resolve the environmental problems found with Pacific Capital Banks ODIC inspections on May 6, 2011 as Pacific Capital Bank has been found falsifying ODIC documents in the 2007 environmental investigation paid for by myself in the 2007 loan modification! This $3,600.00 of business working capital for PCB Fraud along with $1,953.45 in Attorney fees for asking for an accounting of my mortgage payments is a very large business loss of income! The fact that Pacific Capital Bank would charge over $34,000.00 for their payment accounting mistake on May 11, 2007 is a very large business loss; that now needs to be accounted for by Pacific Capital Bank and Santa Barbara Bank & Trust!
In Diana Lee’s May 6, 2011 letter attached above are many issues regarding Pacific Capital Banks, Santa Barbara Bank & Trust---Bank Fraud and Breach of Contract, which will now need to be accounted for by Pacific Capital Bancorp! Mrs. Diana Lee States: “ In the process of creating Schedule 1, some relatively minor differences of opinion developed regarding how to interpret and apply the terms of the Forbearance Agreement. As part of the mediation and compromise process, we decided to prepare a second schedule, “Schedule 2,” which extends every possible advantage to you, even if not consistent with the terms of your SBA loan or the computerized software that tracks loans. We do this in an effort to eliminate any further disputes with you, as well as the cost to all parties of continued disagreement.”
“We have recalculated the application of your actual payments using the favorable considerations given to you in Schedule 2. Nevertheless, your loan remains significantly past due (17 monthly payments plus the unpaid deferred amounts which were past due at the time of the 2007 Forbearance Agreement totaling in excess of $100,000).”
Please explain how Pacific Capital Bank on May 5, 2011 came up with a SBA loan debt of $465,195.50 or $462,069.51 with monthly mortgage payments of $4,055.30 or $4,028.05 per month instead of the monthly payment of $4,121.06 charged by PCB since July 2007? Shouldn’t this monthly payment have been $3,659.96 from Pacific Capital Banks May 6, 2011 statement “(payments plus the unpaid deferred amounts which were past due at the time of the 2007 Forbearance Agreement totaling in excess of $100,000).”
7) The Pacific Capital Bank/SBA total loan debt on June 30, 2007 should have been $452,024.05 per the June 23, 2007 First Bank of San Luis Obispo
8) Please explain why Pacific Capital Bank is now asking in their May 6, 2011 letter, for the 2007 deferred payments and did not charge my monthly mortgage payment in 2007 $3,659.96 instead of $4,121.06? This extra payment per month is $461.11 that could have been used for my Oceano Nursery business or my personal house! How is Pacific Capital Bancorp going to resolve this issue?
9) How did Pacific Capital Bank in the May 5, 2011 Amortization Schedule come to 10 deferred payments of $4,517.12 or $45,171.20 when the January 9, 2007 demand letter written by Heidi Dugan showed payments owed of $4,391.08 for October 2006--$4,246.38 for November 2006—4,053.66 for December 2006 and $3,813.90 for January 6, 2007? The PCB payment notice of 3,529.24 for the February 6, 2007 payment. The PCB payment notice February 21, 2007 of $3,201.82 March 24, 2007 of $2,832.93 May 23, 2007 for May 6, 2007 of $2,428.61 and the June 6, 2007 payment of 1,990.57 along with the June 23, 2007 First Bank of San Luis Obispo June 23, 2007 invoice for July 6, 2007 payment of $1,524.46 which adds up to $32,012.65 instead of $45,171.20? The NOD filed January 14, 2007 by Pacific Capital Bank claimed 10 Deferred payments from 10/2006 - 7/2007 of $37,801.09 instead of $45,171.20! showing more Pacific Capital Bank Fraud Accounting!
10) How has Pacific Capital Bank in the May 5, 2011 amortization schedule 2 reduced the SBA loan payments of $22,274.46 per the June 30, 2007 Forbearance and workout agreement only by $3,125.99 as seen in the “Cash Flow Data” Balance after 5 payments---$416,898.31?
11) Diana Lee in her May 6, 2011 letter states: “As you know, a schedule showing anticipated payments and application of those anticipated payments was not requested or prepared at the time you entered into the Forbearance Agreement effective June 30, 2007.” Pacific Capital Bank should be responsible for their customer accounting actions and not the customers! Having in July 2007 finding accounting problems with First Bank Of San Luis Obispo—Pacific Capital Bank and bringing these problems to PCB’ attention; PCB stated in a letter August 1, 2007 “The proper Bank officials will look into the computerized records and determine if there are any problems.” It is unfortunate that this PCB---SBA loan was never properly looked into and amortized properly in 2007. How did PCB come up with the SBA loan payment of $4,121.06 instead of $3,659.96? Why is Diana Jessup Lee, threatening me with foreclosure with Pacific Capital Banks admitted Breach of Contract and Mortgage Modification Fraud since June 30, 2007 in her May 6, 2011 letter?
It is unfortunate that Pacific Capital Bank would want to charge Attorney fees to answer accounting questions of Pacific Capital Bank and that Diana Lee would ignore this fact as Pacific Capital Bank stated May 12, 2008, in regards to asking accounting questions of Pacific Capital Bank! “The requests you have made, and the delinquencies in the documentation, have resulted in the Bank incurring additional attorney's fees. As a result, you are requested to forward to Pacific Capital Bank, c/o Ms. Sheffield, a check in the amount of $750.00 to cover anticipated attorney's fees incurred in responding to the requests for information. Of course, this amount is only an estimate, and if the fees exceed the amount received, an additional deposit will be required. Please forward the deposit as soon as possible so that the Bank can begin work on the research you have requested.”
In prior attempts to obtain a proper accounting Pacific Capital Bank has stated December 30, 2010 "Second, you asked for an amortization schedule. As I indicated in my email of last week, I will provide information on your agreement that you will communicate only with me, rather than sending emails to a number of persons at Pacific Capital Bank. As you have not made that agreement, I do not feel that any further response is necessary. I believe that the request that you communicate with me is reasonable and necessary, and we will insist on that condition. (In the event that you do agree to this request, please let me know exactly what you mean by an "amortization schedule".) Is this how Pacific Capital Bank treats all of their customers who ask for an accounting of their loans?
Pacific Capital Bank has stated January 4, 2011 affecting all PCB Banking, Customers! "I will, of course, respond to any written communications. However, as I have previously advised you, I will not be providing any substantive responses until such time as you agree, in writing, that you will communicate exclusively with me for the purpose of communicating to Pacific Capital Bank regarding your loan. You have persisted in your efforts to involve other Bank employees in this matter. As a result, I remain unwilling to provide you any information that the Bank is not required to provide you. (An amortization schedule is not information the Bank is required to provide you.) If there is anything further at this time, please let me know, in writing."
Pacific Capital Bank has stated March 4, 2011 showing PCB Loan Accounting Fraud and Breach Of Contract with the May 6, 2011 Amortization Schedule prepared just two months later by Pacific Capital Bancorp! “In light of your claims, we have reexamined the computation of the amount owing under the terms of the promissory note you executed. (As you will recall, by virtue of the fact of the default under the forbearance, the note terms were reinstated.) In fact, it turns out that the notice of default understates the amount that was due at the time of the recording of the notice of the default. The amount owing was $97,369.07, not the $96,434.82 set forth in the NOD.”
Why has it taken Pacific Capital Bank from July 2007 to May 6, 2011 to acknowledge the Loan Modification Fraud and Breach of Contract committed by Pacific Capital Bancorp since 2007? Pacific Capital Bank stated August 1, 2007 “The proper Bank officials will look into the computerized records and determine if there are any problems.”
Pacific Capital Bancorp, from your actions, my damages are unlimited!
10) I have lost my Oceano Nursery business due to Pacific Capital Banks actions in 2007! From May 18, 2007 to March 31, 2007 inventory has been sold at 50% off per PCB actions coming to $673,369.91!
11) I have lost the ability to sale my 631 Lake Street
12) I have lost this personal residence in foreclosure due to Pacific Capital over charging my SBA loan as acknowledged by Pacific Capital Bank May 6, 2011! This action by Pacific Capital Bank has ended all of my good credit! What would a Jury find with this action by Pacific Capital Bank?
13) I have had to pay Pacific Capital Bank Attorney fees of $1,953.45 in 2007, after and against the signed 2007 Pacific Capital Bank loan modification! $1953.45 times 365 days of lost use is $713,009.25.
14) I have lost my good will with Oceano Nursery established in 2000! What would a jury find as good will from 2007-2011?
15) I have lost good will with all of my businesses in Pismo Beach Pismo Beach Pismo Beach
16) Pacific Capital Banks actions on May 17, 2007 instead of the signed contract on May 15, 2007 cost Oceano Nursery $25,925.00 dollars of SBA loaned business working capital! This $25,925.00 dollars at 365 days is a lot of potential lost income!
17) Pacific Capital Bank use of my business working capital for not properly amortizing the 2007 loan modification is a huge issue and how many other Pacific Capital Bancorp customers are having the same accounting problems from Pacific Capital Bancorp!
18) Emotional distress caused by Pacific Capital Bank as seen in Diana Lee’s letter and George C. Lazars letter in asking for an accounting of my business loan!
Christine M. Sontag, Pacific Capital Bancorp has put Oceano Nursery out of Business and impacted my businesses in Pismo Beach
Again I wish to reestablish my Oceano Nursery business, Plumerias Garden
Sincerely
Bill Bookout
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
www.rsmediate.com
690 Oak Grove Court
Ojai , CA 93023
lol@rsmediate.com
(805) 649-1389 (phone)
(805) 689-6654 (cell)
(866) 423-9058 (fax)
**************************************************************
This message is sent by an attorney-mediator and may contain information that is privileged or confidential.
If you received this transmission in error, please notify the sender by reply e-mail and delete the message
and any attachments.
From: Christine Sontag [mailto:CHRISTINE.SONTAG@sbbt.com]
Sent: Thursday, April 07, 2011 9:34 AM
To: 'Bill Bookout'
Cc: 'Diana Lee'
Subject: RE: Santa Barbara Bank & Trust, Pacific Capital Bancorp---Bank Fraud and Breach of Contract since 2007!
Dear Mr. Bookout,
Please abide by my request, and direct all communication regarding this matter to the Bank's outside counsel, Diana Lee. While the Bank disagrees with your characterization of Ms. Lee's statements regarding amortization on your loan, the Bank has retained Ms. Lee to handle this matter and I will leave further communication on that subject to her.
As this matter is being handled by Ms. Lee, I will not respond to any further communication from you. You should address all inquiries to Ms. Lee.
Thank you,
Christine Sontag
Senior Vice President and Associate General Counsel
Pacific Capital Bank, N.A.
From: Bill Bookout [mailto:pismobeachsurfshop@charter.net]
Sent: Thursday, April 07, 2011 8:57 AM
To: Christine Sontag
Cc: jmackall@seedmackall.com; rnightingale@dbntm.com; 'Diana Lee'; lol@rsmediate.com; GeorgeS.Leis@pacificcapitalbank.com; sandiego@sba.gov; 'Ashker, Terrill K.'
Subject: RE: Santa Barbara Bank & Trust, Pacific Capital Bancorp---Bank Fraud and Breach of Contract since 2007!
April 7, 2011 Office of the Comptroller of the Currency Case # 01394465
Christine M. Sontag
Senior Vice President and Associate General Council
Santa Barbara Bank & Trust
1021 Anacapa St
Santa Barbara , CA 93101
Dear Mrs. Sontag,
Thank you, for your response. Diana Lee has admitted that Pacific Capital Bank has made amortization mistakes!
Why does Pacific Capital Bank need to retain legal counsel to answer my business loan banking questions and provide an amortization schedule for the 2007 loan modification by Pacific Capital Bank? Below are Pacific Capital Banks charges applied to my SBA loan since asking questions of the SBA, OCC and the PCB! I am questioning why Pacific Capital Bank is charging attorney fees for asking for banking SBA loan amortization/modification information!
Mr. Terrill K. Asker of the SBA has stated March 9, 2011 that the “SBA does not provide “Amortization Schedules”. Which is a good reason for Pacific Capital Bank to provide an accounting, of their SBA loans to their customers when asked for as requested in an amortization schedule for the 2007 loan modification prepared by Pacific Capital Bank!
George C. Lazar statement on December 14, 2010 shows that these questions asked of Pacific Capital Bank need to be answered by Pacific Capital Bank instead of Pacific Capital Banks Attorneys! Mr. Lazar States: “Also, I noted in your communications 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.”
Mrs. Sontag, Please review the Pacific Capital Bank charges against my SBA loan for asking to have an amortization schedule from Pacific Capital Bank to date! I do not believe that the OCC approves of $4,626.71 in charges for filing a complaint with the OCC? I should not have to pay Diana Lees attorney fees for asking the same questions previously asked of Pacific Capital Bancorp through the Office of the Comptroller of the Currency Case # 01394465, George C. Lazar and Pacific Capital Bancorp! Please review all questions asked of Pacific Capital Bancorp at www.occquestions.com
3/16/2011
$206.05
$390,996.91
3/9/2011
$1,490.24
$390,996.91
3/9/2011
$948.00
$390,996.91
2/24/2011
$2,408.00
$390,996.91
2/16/2011
$206.05
$390,996.91
2/1/2011
$2,218.71
$390,996.91
I would appreciate your response as Pacific Capital Bancorp has filed a notice of default on January 14, 2011 affecting all of my businesses in Pismo Beach
Sincerely
Bill Bookout
Pismo Beach
Big Kahuna Surf Shop
Pismo Beach
Plumerias Garden
Oceano Nursery
From: Christine Sontag [mailto:CHRISTINE.SONTAG@sbbt.com]
Sent: Wednesday, April 06, 2011 5:35 PM
To: 'Bill Bookout'
Cc: 'Diana Lee'
Subject: RE: Santa Barbara Bank & Trust, Pacific Capital Bancorp---Bank Fraud and Breach of Contract since 2007!
Dear Mr. Bookout,
Thank you for your message. The Bank has retained attorney Diana Lee to communicate with you regarding this matter, and I request that you direct all further communication to Ms. Lee. I believe that you have Ms. Lee's contact information, but I have copied her with this response to ensure that you have her email address.
Thank you,
Christine Sontag
Senior Vice President and Associate General Counsel
Pacific Capital Bank, N.A.
From: Bill Bookout [mailto:pismobeachsurfshop@charter.net]
Sent: Monday, April 04, 2011 8:52 AM
To: Christine Sontag
Cc: rnightingale@dbntm.com; jmackall@seedmackall.com; 'Congresswoman Lois Capps' ; Senator.Blakeslee@senate.ca.gov; GeorgeS.Leis@pacificcapitalbank.com; CarlB.Webb@pacificcapitalbank.com; Carol Zepke; Debbie Whiteley; 'Sharon Iannone' ; lol@rsmediate.com; 'Diana Lee'
Subject: RE: Santa Barbara Bank & Trust, Pacific Capital Bancorp---Bank Fraud and Breach of Contract since 2007!
April 4, 2011 Office of the Comptroller of the Currency Case # 01394465
Christine M. Sontag
Senior Vice President and Associate General Council
Santa Barbara Bank & Trust
1021 Anacapa St
Santa Barbara , CA 93101
Dear Mrs. Sontag,
Re: Pacific Capital Bank not properly amortizing the 2007 loan modification! Pacific Capital Bank use of $2,472.33 business working capital Since July 6, 2007 against the 2007 Forbearance and workout agreement! Pacific Capital Bank refusal to provide an amortization schedule for this SBA loan! Pacific Capital Bank wanting the OCC to resolve this issue as stated by PCB December 14, 2010!
Mrs. Sontag, please review Pacific Capital Banks June 27, 2007 forbearance contract per Section 3. Modified Payment in regards to mistakes made by Pacific Capital Bancorp in 2007 to present! These Pacific Capital Banks mistakes show the 2007 Pacific Capital Bank breach of contract as now also seen in the PCB January 14, 2011 NOD!
Mrs. Sontag, I would hope that Pacific Capital Bancorp Bank Officials will want to resolve this issue in Mediation, as Pacific Capital Banks June 27, 2007 contract stated “In the event that funds remain in the Suspense Account after payment of all the obligations specified in subsections (b) and (C), the balance will be returned to Borrower and the account closed.” Mrs. Sontag, this was never done! Pacific Capital Bank took the rest of my business working capital on September 25, 2007 against the June 28, 2007 contract!
The Office of the Comptroller of the Currency John Walsh now; has full knowledge that PCB did not properly amortize the 2007 payments after application of the funds from the suspense account! George C. Lazar charging Attorney fees up to September 30, 2007 was a breach of this contract and bank fraud! Mr. Lazars $4,861.67 bill of June 30, 2007 ended Pacific Capital Banks allowed billing of the Expense Holding Account - #101591626 as seen in the July 16, 2008 Office of the Comptroller of the Currency case # 770567 accounting attached! This mistake from Pacific Capital Bancorp now needs to be accounted for by PCB! Please view all documents at www.occquestions.com Pay attention to the July 28, 2008 email below to George C. Lazar and Sandra Sheffield and Mr. Lazars response on July 28, 2008 attached above and seen below!
In the letter from the Office of the Comptroller of the Currency July 16, 2008 accounting by Debra Baker is seen this statement from the OCC Debra Baker, talks about the forbearance agreement!
Mrs. Sontag, as per the Office of the Comptroller of the Currency July 16, 2008 letter per communication with the Federal Reserve Bank! Pacific Capital Bank/George C. Lazar in 2007 did not have a legal right to be paid by using my business working capital of $2,472.33 as Pacific Capital Bank was never granted by a court to be a prevailing party in connection with any legal proceeding whatsoever! These fees charged where not part of the forbearance agreement! The Agreement stated as seen above! “The Modified Payment Amount will be calculated so as to amortize payment of the outstanding principal and the current unpaid interest ( after application of the funds from the Suspense Account)” This was not done by Pacific Capital Bank! There has been no prevailing party and George C. Lazars attorney fees are illegal per the forbearance agreement!
Mrs. Sontag, I have attached below an email to George C. Lazar and Sandra Sheffield on July 28, 2008 per Pacific Capital Bank ignoring the 2007 loan modification contract in which George C. Lazar responded back in regards to the Banks position as of July 28, 2008. I would hope to discuss this in mediation on April 7, 2011 with you and Senior Bank Officials!
Mr. Lazar States: "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.
Very truly yours,
George C. Lazar
FOX JOHNS LAZAR
PEKIN
Mrs. Sontag, Senior Vice President and Associate General Council of Santa Barbara Bank & Trust; it is now time to once and for all resolve our issues since 2007 as fully presented to Pacific Capital Bancorp and its Directors, Senator Sam Blakeslee, Congresswoman Lois Capps and John Walsh of the Office of the Comptroller of the Currency Case # 01394465.
1) It is unfortunate that Pacific Capital Bank would ignore the October 6, 2003 SBA Form 147 Note showing that “Lender must adjust the payment at least annually as needed to amortize principal over the remaining term of the note.”!
2) It is unfortunate that Pacific Capital Bank has refused to provide an amortization schedule as requested of Pacific Capital Bank employees!
3) It is unfortunate that Pacific Capital Bank would not properly amortize this business loan since July 2007 as seen in the January 25, 2011 NOD!
4) It is unfortunate that the Pacific Capital Banks, June 27, 2007 contract stating “In the event that funds remain in the Suspense Account after payment of all the obligations specified in subsections (b) and (C), the balance will be returned to Borrower and the account closed.” Was ignored by PCB!
5) It is unfortunate that Pacific Capital Bank would not return the $2,472.33 of business working capital according to the July 2007 loan modification contract and my written request on July 28, 2008!
6) It is unfortunate that Pacific Capital Bank has been waiting for the OCC to resolve this complaint as stated by Pacific Capital Bank on 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."
7) It is unfortunate that Pacific Capital Bank would want to charge Attorney fees to answer questions as Pacific Capital Bank stated 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.”
8) It is unfortunate that Pacific Capital Bank would state on 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.”
9) It is unfortunate that Pacific Capital Bank would state on March 28, 2011“Moreover, there will be no mediation because you rejected the bank's offer.”
10) It is unfortunate that Pacific Capital Bank would falsify information in their January 14, 2011 NOD after turning Pacific Capital Bank into the OCC without the OCC completing their investigation as mentioned by Pacific Capital Bank on 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."
I am hoping that Santa Barbara Bank & Trust, Pacific Capital Bank, Pacific Capital Bancorp would want to mediate this banking problem on April 7, 2011 as initially set up by Diana Jessup Lee of Esq. Reicker, Pfau, Pyle & McRoy LLP? The Ten item of discussion above should be a concern to Pacific Capital Bancorp Directors!
Sincerely
Bill Bookout
CC John Walsh, Office of the Comptroller of the Currency Case # 01394465
CC Senator Sam Blakeslee
CC Federal Reserve Bank
CC Nightingale, Richard A CPA - Damitz Brooks Nightingale
CC John R. Mackall
+++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++
From: Bill Bookout [mailto:Pismobeachdiveshop@charter.net]
Sent: Monday, July 28, 2008 10:54 AM
To: George C. Lazar
Cc: SANDRA.SHEFFIELD@pacificcapitalbank.com
Subject: Pacific Capital Banks Questionable Actions
July 28, 2008
Dear Mr. Lazar
I am making a request for within this week of Pacific Capital Bank to return the Attorney fee’s charged by you. As per the OCC Expense Holding Account summery July 16, 2008, I am also requesting interest of 12% on this Money; for your billings other then July 6, 2007 bill. The rest are untimely and without merit. Please return the following totaling $6,815.12 plus interest.
August 9, 2007-----------$4,861.67
August 22, 2007---------$1,078.45
September 13, 2007---$850.00
October 1, 2007---------$25.00
You can refer to our Forbearance and Workout Agreement along with our correspondence into August 2007 if you have any questions. On Page Four (VI) It states “The attorney’s fees and costs incurred by Bank as a result of the default, including but not limited to the fees and costs incurred in the preparation of this agreement.” On Page 11 E. “Attorney’s Fees”. The only party who has engaged an attorney is Pacific Capital Bank,
Your E-Mail July 24, 2008 statement below is enough to show Pacific Capital Banks concerns for their disregard of the signed June 30, 2007 Forbearance and Workout agreement.
“Pacific Capital Bank is initiating the process of rescinding the foreclosure.
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.
I trust this responds to your email of today.
George C. Lazar
FOX JOHNS LAZAR PEKIN & WEXLER, APC”
Please see that the proper bank officials see and review yours and Sandra Sheffield’s actions, I realize this could be very embarrassing for Pacific Capital Bank. I also request that you provide all of your correspondence between us to these proper Bank officials!
Sincerely
Bill Bookout
From: Bill Bookout [mailto:pismobeachsurfshop@charter.net]
Sent: Tuesday, March 29, 2011 12:03 PM
To: 'ombudsman@fdic.gov'
Cc: 'ombudsman@fdic.gov' ; 'Congresswoman Lois Capps' ; 'Senator.Blakeslee@senate.ca.gov' ; 'GeorgeS.Leis@pacificcapitalbank.com' ; 'GeraldJ.Ford@pcbancorp.com' ; 'CarlB.Webb@pacificcapitalbank.com' ; 'Carol.Zepke@pcbancorp.com' ; 'Debbie.Whiteley@pcbancorp.com' ; 'Sharon Iannone' ; 'Diana Lee'; 'lol@rsmediate.com' ; 'christine.sontag@sbbt.com'
Subject: RE: Santa Barbara Bank & Trust, Pacific Capital Bancorp---Bank Fraud and Breach of Contract since 2007!
March 29, 2011 Office of the Comptroller of the Currency Case # 01394465
John Walsh
Office of the Comptroller of the Currency Case # 01394465
1301 McKinney Street, Suite 3450
Houston , Texas 77010-9050
Fax # 713-336-4301
Dear Mr. John Walsh of the OCC, Sent Via Fax # 1-713-336-4301
Please help in resolving OCC Case # 01394465 as presented to the OCC in December 2010! Please view Pacific Capital Bancorp actions at www.occquestions.com after tuning Pacific Capital Bancorp into the Office of the Comptroller of the Currency Case # 01394465. Below are a few statements by Pacific Capital Bancorp as seen at www.occquestions.com
=======================================================
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 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."
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.”
Mr. Walsh, It is unfortunate that this case has to be mediated through the OCC and public with Pacific Capital Banks actions from 2007 to present and their refusal to provide an amortization schedule as seen at www.occquestions.com and above since bringing this to the Office of the Comptroller of the Currency attention as stated by Pacific Capital Bank on 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."
Mr. John Walsh, Office of the Comptroller of the Currency, with the statements above by Santa Barbara Bank & Trust, Pacific Capital Bank, Pacific Capital Bancorp-- The Office of the Comptroller of the Currency Case # 01394465 needs to be resolved by the OCC per the banks December 14, 2010 statement! Congresswoman Lois Capps, and California State Senator Sam Blakeslee are now fully aware of PCB actions since 2007 and that the OCC is involved!
Sincerely
Bill Bookout
CC Congresswoman, Lois Capps
CC Senator Sam Blakeslee
CC FDIC
CC SBA
CC California State Attorney General
From: Bill Bookout [mailto:pismobeachsurfshop@charter.net]
Sent: Tuesday, March 29, 2011 9:39 AM
To: 'Congresswoman Lois Capps'
Cc: 'GeorgeS.Leis@pacificcapitalbank.com' ; 'GeraldJ.Ford@pcbancorp.com' ; 'Carol.Zepke@pcbancorp.com' ; 'CarlB.Webb@pacificcapitalbank.com' ; 'christine.sontag@sbbt.com'; 'Sharon Iannone' ; 'Senator.Blakeslee@senate.ca.gov' ; 'lol@rsmediate.com' ; 'Diana Lee'
Subject: RE: Santa Barbara Bank & Trust, Pacific Capital Bancorp---Bank Fraud and Breach of Contract since 2007!
March 29, 2011
Dear Congresswoman Lois Capps,
As you are familiar with Santa Barbara Bank & Trust; I am asking for your help in mediation of actions by Pacific Capital Bancorp and their refusal to account for business improperly amortized loan payments. Please review my communication below with Pacific Capital Bancorp dating back to March 21, 2011 and then my websites www.pacificcapitalbancorp.co and www.santabarbarbankandtrust.co to view the problems created with this SBA loan in 2007 to present!
Please review this statement from Santa Barbara Bank & Trust as you are already familiar with this California Banking problem! “Moreover, there will be no mediation because you rejected the bank's offer.”
John Walsh, of the Office of the Comptroller of the Currency Case # 01394465 has full knowledge of Pacific Capital Banks actions and I ask for your assistance in communicating with the OCC, Mr. John Walsh on this matter.
Sincerely
Bill Bookout
CC John Walsh, Office of the Comptroller of the Currency Case # 01394465
CC Senator Sam Blakeslee
From: Bill Bookout [mailto:pismobeachsurfshop@charter.net]
Sent: Monday, March 28, 2011 1:32 PM
To: 'GeorgeS.Leis@pacificcapitalbank.com'
Cc: 'CarlB.Webb@pacificcapitalbank.com' ; 'Carol.Zepke@pcbancorp.com' ; 'GeorgeS.Leis@pacificcapitalbank.com' ; 'GeraldJ.Ford@pcbancorp.com' ; 'christine.sontag@sbbt.com'; 'lol@rsmediate.com' ; 'Lcannon@dfi.ca.gov' ; 'legal@fdic.gov' ; 'sandiego@sba.gov' ; 'Ashker, Terrill K.' ; 'Sharon Iannone' ; 'Debbie.Whiteley@pcbancorp.com' ; 'mpick@mckiernanlaw.com '; 'ombudsman@sba.gov' ; 'ombudsman@fdic.gov' ; 'Diana Lee'
Subject: RE: Santa Barbara Bank & Trust, Pacific Capital Bancorp---Bank Fraud and Breach of Contract since 2007!
March 28, 2011 John Walsh, Office of the Comptroller of the Currency Case # 01394465
George S. Leis
Santa Barbara Bank & Trust
1021 Anacapa St
Santa Barbara , CA 93101
Dear Mr. George S. Leis
Re: Mediation Communication with Santa Barbara Bank and Trust, through Reicker, Pfau, Pyle & McRoy--Diana Lee since March 21, 2011 attached below!
Mr. Leis, per the email from Diana Lee, below March 28, 2011! Please immediately provide an Amortization Schedule for the 2007 Loan modification prepared by Sandra Sheffield and George C. Lazar in 2007 with in 24 hours! It is unfortunate that Santa Barbara Bank & Trust does not want to mediate the Breach of Contract and Bank Fraud committed by Pacific Capital Bancorp!
The websites that Diana Lee of Reicker, Pfau, Pyle & McRoy LLP is demanding to be shut down in order to go to mediation, are an important part in mediation as they show Pacific Capital Banks actions from 2007 to present! These websites show the history of my request for Pacific Capital Bank to properly amortize the 2007 Pacific Capital Bank, loan modification breach of contract! These websites show George C. Lazars and Sandra Sheffield’s actions since before signing the 2007 loan modification to present!
- www.pacificcapitalbankquestions.com
- http://www.occquestions.com/
- www.fdicquestions.com
- http://www.sbaquestions.net/
Mr. George S. Leis, please immediately end the Notice of Default filed January 14, 2011 as this is bank fraud as seen in the email below to Christine M. Sontag Senior Vice President and Associate General Council Santa Barbara Bank & Trust! Please note that the Office of the Comptroller of the Currency has full knowledge of the websites in question above and attached! www.pacificcapitalbancorp.co --- www.santabarbarabankandtrust.co Again, I am asking for an amortization schedule accounting of my 2007 loan modification!
I am asking Santa Barbara Bank and Trust to immediately take this matter to mediation per our original agreement!
Sincerely
Bill Bookout
CC John Walsh, Office of the Comptroller of the Currency Case # 01394465
CC FDIC
CC SBA
CC California State Attorney General
From: Diana Lee [mailto:dlee@rppmh.com]
Sent: Monday, March 28, 2011 11:02 AM
To: Bill Bookout; christine.sontag@sbbt.com
Cc: lol@rsmediate.com
Subject: RE: Santa Barbara Bank & Trust, Pacific Capital Bancorp---Bank Fraud and Breach of Contract since 2007!
Dear Mr. Bookout,
I am shocked at the blatant misstatement you attribute to me. Moreover, there will be no mediation because you rejected the bank's offer.
Diana Lee.
From: Bill Bookout [mailto:pismobeachsurfshop@charter.net]
Sent: Monday, March 28, 2011 10:22 AM
To: christine.sontag@sbbt.com
Cc: Diana Lee; lol@rsmediate.com; 'Bill Bookout'
Subject: RE: Santa Barbara Bank & Trust, Pacific Capital Bancorp---Bank Fraud and Breach of Contract since 2007!
March 28, 2011
Christine M. Sontag
Senior Vice President and Associate General Council
Santa Barbara Bank & Trust
1021 Anacapa St
Santa Barbara , CA 93101
Dear Mrs. Christine M. Sontag,
Diana Lee of Reicker, Pfau, Pyle & McRoy LLP has acknowledged that Pacific Capital Bancorp has improperly amortized this SBA loan in our conversations! This will be a big issue in our April 7, 2011 Mediation with Lol Sorensen! I am requesting again, before our mediation for a full accounting of how this SBA loan was amortized; in an amortization schedule prepared by Santa Barbara Bank and Trust, Pacific Capital Bank or Pacific Capital Bancorp.
George C. Lazar stated in a letter August 1, 2007 “The proper Bank officials will look into the computerized records and determine if there are any problems.” It is unfortunate that this SBA loan was never properly looked into and amortized in 2007. Mr. Lazar, then charging Attorney fees after being paid for the Loan Modification of $2,471.45 is very unacceptable and a breach of contract from the 2007 loan modification!
Mrs. Christine M. Sontag, this is an amortization schedule prepared off of the internet showing the PCB 2007 loan modification payment to be $3,938.80. Pacific Capital Bank in their January 25, 2011 NOD calculation; continue to show a monthly payment of $4,121.06 even in 2010 against SBA Form 147 Note prepared by PCB and signed October 6, 2003.
Loan Summary
Principal:
$452024.05
Interest Rate:
6%
Loan Term:
171 months
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
Mrs. Mrs. Sontag, a few issues to be addressed in Mediation:
1) Pacific Capital Bank in their January 25, 2011 NOD has overcharged the 2010 loan payment amount owed by $268.76 per month or $3,225.12 in PCB favor; this will need to be addressed in mediation with Mr. Sorensen!
2) Pacific Capital Bank March 4, 2011 changing the amount of the January 25, 2011 NOD letter will need to be addressed in mediation!
3) Pacific Capital Bank has over charged my 2007, 2008 and 2009 6% fixed rate, amortized loan by 29 payments of $182.26 =$5,285.54 will need to be addressed in mediation!
4) Pacific Capital Bank in 2007 has charged attorney fees of $2,471.45 against the 2007 loan modification! I ask that Pacific Capital Bank provides Mr. Lazars (bill of particulars) as previously requested before mediation on April 7, 2011!
5) Pacific Capital Bank had stated July 23, 2008 per their 2007 Attorney fees, after breaking a loan modification, charging $2,471.45 "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." There should be no charge for this information and should be provided by Santa Barbara Bank and Trust at not cost!
6) Pacific Capital Bank has improperly charged late fees of $206.05 per month over the 5% allowed in my 2003 SBA Form 147 Note! This should be addressed in mediation!
7) Pacific Capital Bank in the 2003 Promissory Note has failed to properly Amortize, my SBA loan since 2007! (SBA Form 147 Note) States: “Lender must adjust the payment at least annually as needed to amortize principal over the remaining term of the note.” This amortization should be addressed in mediation!
Attached below are the Attorneys for the State of California , County of San Luis Obispo Union Pacific Rail Road
Thomas Cregger tac@randolphlaw.net mpott@porterscott.com ; tcassidy@porterscott.com ; derek_van_hoften@dot.ca.gov Adam M. Daner adam@danerlaw.com Greg Connell gconnell@bbrlawfirm.com Should the County of San Luis Obispo, State of California, OCSD and Union Pacific Rail Road be contacted for our Mediation?
Again, I look forward to our mediation on April 7, 2011!
Sincerely
Bill Bookout
-------------------------------------------------------------------------------------------------------------------
From: Adam M. Daner [mailto:adam@danerlaw.com]
Sent: Thursday, December 09, 2010 1:41 PM
To: Greg Connell; Thomas Cregger; mpott@porterscott.com; tcassidy@porterscott.com; derek_van_hoften@dot.ca.gov
Cc: John W. Belsher; Bill Bookout
Subject: RE: Resolution Offer - Bookout v. State of California et al.
On behalf of the OCSD, the communicated offer is rejected.
Thanks,
Adam Daner
Adam M. Daner, Esq.
Daner Law Firm, APLC
5855 Capistrano Avenue
Atascadero , CA 93422
Telephone: (805) 464-5003
Facsimile: (805) 464-5004
Email: Adam@danerlaw.com
***************************CONFIDENTIALITY NOTICE**************************************
This electronic message contains information from Daner Law Firm, APLC which may be confidential or protected by the attorney-client privilege and /or the work product doctrine and is intended solely for the use of the addressee listed above. If you are neither the intended recipient nor the employee or agent responsible for delivering this electronic message to the internet recipient, you are hereby notified that any disclosure, copying, distribution or the use of the content of this electronic message is strictly prohibited. If you received this electronic message in error, please notify us by replying to this message and please delete the original message. If you have read this far you should also realize it is not nice to read others' mail.
From: Greg Connell [mailto:gconnell@bbrlawfirm.com]
Sent: Thursday, December 02, 2010 10:35 AM
To: Adam M. Daner; 'Thomas Cregger'; mpott@porterscott.com; tcassidy@porterscott.com; derek_van_hoften@dot.ca.gov
Cc: 'John W. Belsher'; 'Bill Bookout'
Subject: Resolution Offer - Bookout v. State of California et al.
Counsel,
As you know our petition to the CA Supreme Court was recently rejected. I know our client is very disappointed with the Court of Appeals ruling and the Supreme Court’s rejection of our petition on his flooding issues. He is currently considering filing another petition to the US Supreme Court. Our client has asked us to present all the defendants in this case with a possible final resolution of this litigation and the flooding issues on Hwy 1, 13th Street
Feel free to contact me or John Belsher to discuss this final resolution. If we don’t hear from you by December 23, 2010, we will assume you have no interest in this type of resolution.
Regards,
Gregory A. Connell, Esq.
BELSHER, BECKER & ROBERTS
412 Marsh Street
San Luis Obispo , California 93401
Telephone: (805) 542-9900
Facsimile: (805) 542-9949
gconnell@bbrlawfirm.com
The information contained in this transmission and any attached files are intended only for the named addressee(s) and may contain confidential, proprietary and/or privileged attorney-client material. Any interception, review, retransmission, dissemination, or other use of this information by parties other than the intended recipient(s) is strictly prohibited. If you received this communication in error, please notify the sender using either the "Reply" command or via telephone at (805) 542-9900.
From: Bill Bookout [mailto:pismobeachsurfshop@charter.net]
Sent: Saturday, March 26, 2011 2:09 PM
To: 'christine.sontag@sbbt.com'
Cc: 'Diana Lee'; 'lol@rsmediate.com'
Subject: RE: Santa Barbara Bank & Trust, Pacific Capital Bancorp---Bank Fraud and Breach of Contract since 2007!
March 25, 2011
Christine M. Sontag
Senior Vice President and Associate General Council
Santa Barbara Bank & Trust
1021 Anacapa St
Santa Barbara , CA 93101
Dear Mrs. Sontag,
Re: Santa Barbara Bank & Trust Refusal to provide and Amortization Schedule for SBA Loan # PLP 664-196-4009 and our upcoming mediation on April 7, 2011!
I have received your response back and that you will be out of the office until Tuesday April 5, 2011. I assume our mediation is still scheduled for April 7, 2011!
Again, attached, above is a 2005 First Bank of San Luis Obispo
Sandra Sheffield in her 2007 May 17, 2007 actions was aware of the SBA Loan Deed of Trust requiring a legal defense for the inverse condemnation of the Oceano Nursery property as stated in the Deed of Trust! Please review videos on websites in question and Deed of Trust requirement below!
Sandra Sheffield in the 2007 Forbearance and workout agreement signed by her showed she had had full knowledge of the Inverse Condemnation Lawsuit taking place as stated in this July 2, 2007 signed contract! Pacific Capital Bank required me to fight inverse condemnation!
The websites that Santa Barbara Bank & Trust are concerned about are just a few of the websites dealing with this matter and the inverse condemnation of my Oceano Nursery property with the First Bank of San Luis Obispo San Luis Obispo flooding statements in this 2005 First Bank of San Luis Obispo
Loan documents attached in the 2005 change in terms shows my flooding problems that should have been taken into account by Pacific Capital Bank, when Sandra Sheffield broke the May 15, 2007 signed workout agreement on May 17, 2007 causing Oceano Nursery to have to go out of business! These websites show Mrs. Sheffield’s actions! These websites show my requests for an amortization schedule and George C. Lazars actions after turning this over to the OCC!
- www.pacificcapitalbankquestions.com
- http://www.occquestions.com/
- www.fdicquestions.com
- http://www.sbaquestions.net/
Mrs. Christine M. Sontag all future communications will now be directed to you and Santa Barbara Bank & Trust. Please see that Santa Barbara Bank & Trust provides a loan amortization schedule immediately, per the 2007 loan modification! Please confirm that the April 7, 2011 mediation is still going to happen or we can go through any Senior Bank official who has authority to make decisions for Santa Barbara Bank & Trust/Pacific Capital Bancorp.
Sincerely
Bill Bookout
Oceano Nursery
Plumerias Garden
Pismo Beach
Big Kahuna Surf Shop
Pismo Beach
From: Christine Sontag [mailto:CHRISTINE.SONTAG@sbbt.com]
Sent: Saturday, March 26, 2011 7:45 AM
To: Bill Bookout
Subject: Out of Office: Santa Barbara Bank & Trust, Pacific Capital Bancorp---Bank Fraud and Breach of Contract since 2007!
I am out of the office until Tuesday, April 5, 2011, and will respond to your message when I return to the office.
Thank you,
Christine Sontag
Senior Vice President and Associate General Counsel
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From: Bill Bookout [mailto:pismobeachsurfshop@charter.net]
Sent: Saturday, March 26, 2011 7:43 AM
To: 'christine.sontag@sbbt.com'
Cc: 'Diana Lee'; 'lol@rsmediate.com'
Subject: RE: Santa Barbara Bank & Trust, Pacific Capital Bancorp---Bank Fraud and Breach of Contract since 2007!
March 25, 2011
Christine M. Sontag
Santa Barbara Bank & Trust
1021 Anacapa St
Santa Barbara , CA 93101
Dear Mrs. Sontag,
Re: Santa Barbara Bank & Trust Refusal to provide and Amortization Schedule for SBA Loan # PLP 664-196-4009
Attached, above is a 2005 First Bank of San Luis Obispo
The websites that Santa Barbara Bank & Trust are concerned about are just a few of the websites dealing with this matter and the inverse condemnation of my Oceano Nursery property with the First Bank of San Luis Obispo
- www.pacificcapitalbankquestions.com
- http://www.occquestions.com/
- www.fdicquestions.com
- http://www.sbaquestions.net/
Mrs. Christine M. Sontag all future communications will now be directed to you and Santa Barbara Bank & Trust. Please see that Santa Barbara Bank & Trust provides a loan amortization schedule immediately, per the 2007 loan modification! Please confirm that the April 7, 2011 mediation is still going to happen or we can go through any Senior Bank official who has authority to make decisions for Santa Barbara Bank & Trust/Pacific Capital Bancorp.
Sincerely
Bill Bookout
Oceano Nursery
Plumerias Garden
Pismo Beach
Big Kahuna Surf Shop
Pismo Beach
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.
Reicker, Pfau, Pyle & McRoy LLP
1421 State Street
Santa Barbara , CA 93101
Tel: 805-966-2440
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: Bill Bookout [mailto:pismobeachsurfshop@charter.net]
Sent: Friday, March 25, 2011 3:22 PM
To: christine.sontag@sbbt.com
Cc: lol@rsmediate.com; Diana Lee; 'LeSieur, Debbie'
Subject: RE: Santa Barbara Bank & Trust, Pacific Capital Bancorp---Bank Fraud and Breach of Contract since 2007!
March 25, 2011
Christine M. Sontag
Santa Barbara Bank & Trust
1021 Anacapa St
Santa Barbara , CA 93101
Dear Mrs. Sontag,
Per our agreement below, I am again requesting an amortization schedule from Pacific Capital Bancorp and Santa Barbara Bank and Trust for the 2007 loan modification signed by Sandra Sheffield on July 2, 2007! I am looking forward to mediation on the 7th of April 2011.
I appreciate Pacific Capital Bancorp stopping the Notice of Default as stated March 22, 2011: . “Even though you have not yet caused your web sites to go dark, I will agree that the time period for the bank's notice of default was tolled effective March 21, 2011, provided your web sites and You Tube site(s) go dark by no later than noon on March 23, 2012.”
Mrs. Sontag, All posting to the websites have ended with our agreement! All contact with the FDIC, SBA, News Media and the OCC has ceased with our Agreement. All YOYTUBE postings with our agreement March 22, 2011 has ended until we can go through mediation.
Sincerely
Bill Bookout
1-105-773-2089
From: Bill Bookout [mailto:pismobeachsurfshop@charter.net]
Sent: Thursday, March 24, 2011 3:07 PM
To: 'Diana Lee'
Cc: 'lol@rsmediate.com'
Subject: RE: Santa Barbara Bank & Trust, Pacific Capital Bancorp---Bank Fraud and Breach of Contract since 2007!
March 24, 2011
Diana Jessup Lee, Esq.
Reicker, Pfau, Pyle & McRoy LLP
1421 State Street
Santa Barbara , CA 93101
Dear Mrs. Diana Lee,
Thank you, for our phone conversation this morning at 11:07am and my request for an amortization schedule within 24 hours from you and Pacific Capital Bank going back to the Pacific Capital Bank signed loan modification contract on July 2, 2007 by Sandra Sheffield. I have confirmed that Christine M. Sontag, is legal Council for Santa Barbara Bank & Trust and I look forward to working with her and you in upcoming mediation.
Attached, is another amortization schedule found on the internet with Pacific Crest Savings Bank, showing the PCB July 2007 loan payment amortization of my SBA loan to be inaccurate to date! Please note that SBA Form 147 Note was ignored by PCB along with additional principal payments showing this monthly payment to actually be lower!
Financial Details
Home price
$452,024.05
Down payment
0.000 %
Total amount financed
$452,024.05
Payment amount
$3,938.80
Total payments
$673,533.95
Interest rate
6.000 %
Interest compounding
Monthly
Total finance charge
$221,509.90
Payment Summary
Event
Amount
Term
Period
Loan
$452,024.05
1
Payment
$3,938.80
170
Monthly
Payment
$3,937.95
1
Please ask Mrs. Christine M. Sontag to provide the requested amortization schedule of Santa Barbara Bank & Trust, Pacific Capital Bank and Pacific Capital Bancorp within 24 hours and stop the Notice of Default filed January 14, 2011 per their amortization mistakes made by Pacific Capital Bancorp!
Again, I look forward to our upcoming mediation!
Sincerely
Bill Bookout
Oceano Nursery
Pismo Beach
Plumerias Garden
Big Kahuna Surf Shop
Pismo Beach
CC Lol Sorensen
From: Bill Bookout [mailto:Pismobeachdiveshop@charter.net]
Sent: Thursday, March 24, 2011 10:08 AM
To: 'Diana Lee'
Cc: 'lol@rsmediate.com'
Subject: RE: SBA Bank Fraud---Office of the Comptroller of the Currency Case # 01394465 -Amortization Schedule
March 24, 2011
Diana Jessup Lee, Esq.
Reicker, Pfau, Pyle & McRoy LLP
1421 State Street
Santa Barbara , CA 93101
Dear Mrs. Diana Lee,
The Mediation dates of April 7th and 8th 2011 work well for me as long as Pacific Capital Bank has ended the Notice of Default filed January 14, 2011!
Will Pacific Capital Bank be providing an Amortization Schedule today by 11:15 am for the 2007 loan modification prepared by Sandra Sheffield and George C. Lazar as requested March 23, 2011 of you and Pacific Capital Bank? “I would like to once again request and pray of you and Pacific Capital Bancorp to provide this amortization schedule for the 2007 loan modification as requested within 24 hours!” This amortization issue and refusal by George C. Lazar to provide an amortization schedule and an accounting of my First Bank of San Luis Obispo/Pacific Capital Bank SBA loan is the main issue of on these websites!
Mrs. Diana Lee, this is an amortization schedule prepared off of the internet showing the PCB 2007 loan modification payment to be $3,938.80. Pacific Capital Bank in their January 25, 2011 NOD calculation; continue to show a monthly payment of $4,121.06 even in 2010 against SBA Form 147 Note prepared by PCB and signed October 6, 2003. I am again requesting a Pacific Capital Bancorp amortization schedule from you today March 24, 2011 to show how Pacific Capital Bank has amortized this SBA loan with a payment from 2007 of $4,121.06 per month!
Loan Summary
Principal:
$452024.05
Interest Rate:
6%
Loan Term:
171 months
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
Again please ask you client to see if she can provide an amortization schedule from Pacific Capital Bank from July 2, 2007 when Sandra Sheffield signed the Forbearance and Workout Agreement! An amortization Schedule for this agreement can be obtained by the Pacific Capital Bancorp Loan Service Department at 1-805-564-6277 attention-----Kelly McCloud!
Sincerely
Bill Bookout
Oceano Nursery
Pismo Beach
Plumerias Garden
Big Kahuna Surf Shop
Pismo Beach
CC Lol Sorensen’s
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
Santa Barbara , CA 93101
Tel: 805-966-2440
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: Bill Bookout [mailto:Pismobeachdiveshop@charter.net]
Sent: Wednesday, March 23, 2011 1:23 PM
To: Diana Lee
Cc: lol@rsmediate.com
Subject: RE: SBA Bank Fraud---Office of the Comptroller of the Currency Case # 01394465 -Amortization Schedule
March 23, 2011
Diana Jessup Lee, Esq.
Reicker, Pfau, Pyle & McRoy LLP
1421 State Street
Santa Barbara , CA 93101
Dear Mrs. Diana Lee,
I have copied Mr. Sorensen with our communication to date! I will let you personally contact Mr. Sorensen’s office, as it will make this more time efficient. There is a lot that Pacific Capital Bancorp, upper level bank officials will need to know about Sandra Sheffield and George C. Lazar actions since 2007. These websites explain, their actions affecting myself and Pacific Capital Bancorp. The websites show all communication with the California State Senators, State Assemblyman, Congresswoman Lois Capps, SBA, FDIC, and the Office of the Comptroller of the Currency Case # 01394465 and their responses that will be helpful in mediation!
I have stopped all Communications and Postings to all websites per our agreement March 21, 2011 with Pacific Capital Bank stopping the Notice of Default filed January 14, 2011. “I confirmed that the bank is willing to go to mediation with you, and that the bank is willing to enter into a mutual freeze, i.e., no more time will accrue toward your Notice of Default provided you stop all communications and postings about this dispute while we explore a possible resolution in mediation.”
Sincerely
Bill Bookout
Oceano Nursery
Pismo Beach
Plumerias Garden
Big Kahuna Surf Shop
Pismo Beach
CC Lol Sorensen’s
From: Diana Lee [mailto:dlee@rppmh.com]
Sent: Wednesday, March 23, 2011 12:43 PM
To: Bill Bookout
Subject: RE: SBA Bank Fraud------Office of the Comptroller of the Currency Case # 01394465 -Amortization Schedule
Dear Mr. Bookout,
Thank you for the list of topics. I can see that there is a lot that I need to get up to speed on, as will the mediator and the upper level bank person who will be stepping in to address this matter. I will start to collect documents and schedules. Do you want me to coordinate with Lol Sorensen's office or do you want to do that?
Am I correct that your sites will go dark at noon today?
Diana.
From: Bill Bookout [mailto:pismobeachdiveshop@charter.net]
Sent: Wednesday, March 23, 2011 11:11 AM
To: Diana Lee
Subject: RE: SBA Bank Fraud------Office of the Comptroller of the Currency Case # 01394465 -Amortization Schedule
March 23, 2011
Diana Jessup Lee, Esq.
Reicker, Pfau, Pyle & McRoy LLP
1421 State Street
Santa Barbara , CA 93101
Dear Mrs. Diana Lee,
Mr. Lol Sorensen should make a good mediator in our problems dating back to 2007 forbearance and workout agreement. I would hope that we can set up a meaningful mediation with Mr. Sorensen this next week. Pacific Capital Bank (George C. Lazar and Sandra Sheffield refusing to provide an amortization schedule for the 2007 loan modification will be a big issue in this mediation.) I would like to once again request and pray of you and Pacific Capital Bancorp to provide this amortization schedule for the 2007 loan modification as requested within 24 hours! This will resolve a big issue with Pacific Capital Bank dating back to 2007 and the January 14, 2011 Notice of Default! This amortization schedule will not be posted per our agreement March 21, 2011 nor any other documents! At this point our issues need to be handled in Mediation as I believe you will agree!
Mrs. Diana Lee, a few issues to be addressed in Mediation:
1) Pacific Capital Bank in their January 25, 2011 NOD has overcharged the 2010 loan payment amount owed by $268.76 per month or $3,225.12 in PCB favor; this will need to be addressed in mediation with Mr. Sorensen!
2) Pacific Capital Bank March 4, 2011 changing the amount of the January 25, 2011 NOD letter will need to be addressed in mediation!
3) Pacific Capital Bank has over charged my 2007, 2008 and 2009 6% fixed rate, amortized loan by 29 payments of $182.26 =$5,285.54
4) Pacific Capital Bank in 2007 has charged attorney fees of $2,471.45 against the 2007 loan modification! I ask that Pacific Capital Bank provides Mr. Lazars (bill of particulars) as previously requested!
5) Pacific Capital Bank had stated July 23, 2008 per their 2007 Attorney fees, after breaking a loan modification, charging $2,471.45 "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." There should be no charge for this information and should be provided in mediation!
6) Pacific Capital Bank has improperly charged late fees of $206.05 per month over the 5% allowed in my 2003 SBA Form 147 Note! This should be addressed in mediation!
7) Pacific Capital Bank in the 2003 Promissory Note has failed to properly Amortize, my SBA loan since 2007! (SBA Form 147 Note) States: “Lender must adjust the payment at least annually as needed to amortize principal over the remaining term of the note.” This amortization should be addressed in mediation!
I have stopped all Communications and Postings to all websites per our agreement March 21, 2011 with Pacific Capital Bank stopping the Notice of Default filed January 14, 2011. “I confirmed that the bank is willing to go to mediation with you, and that the bank is willing to enter into a mutual freeze, i.e., no more time will accrue toward your Notice of Default provided you stop all communications and postings about this dispute while we explore a possible resolution in mediation.”
Mrs. Diana Lee, with our phone conversation on March 21, 2011 per Mr. Gerald J. Ford, Carl B. Webb and Senior PCB officials knowledge of this problem. I pray and hope that we can immediately go into a meaningful mediation that resolves all of our issues per the 2007 loan modification prepared by George C. Lazar and Sandra Sheffield. We both have businesses to run and serve our communities!
Sincerely
Bill Bookout
Oceano Nursery
Pismo Beach
Plumerias Garden
Big Kahuna Surf Shop
Pismo Beach
From: Diana Lee [mailto:dlee@rppmh.com]
Sent: Tuesday, March 22, 2011 3:59 PM
To: Bill Bookout
Subject: RE: Bookout v. Pacific Capital BanK
Dear Mr. Bookout,
As I told you, I am technologically challenged, but I finally obtained the terminology to describe how to "freeze" your web sites while we explore a possible resolution through mediation. For each of the following web sites, please either (1) replace the html page with a new blank page (or a page with neutral content such as "this site is temporarily under construction" ) , or (2) cause godaddy.com to temporarily redirect the i.p. address to an error page or default text page:
- www.pacificcapitalbankquestions.com
- http://www.occquestions.com/
- www.fdicquestions.com
- http://www.sbaquestions.net/
With regard to your You Tube posting(s), please likewise temporarily disable it or restrict it to private viewing. Of course, if we are not able to reach a resolution, or if either side withdraws from the mediation process, then the mutually agreed upon freeze upon the bank's notice of default as well as upon your communications will terminate. Even though you have not yet caused your web sites to go dark, I will agree that the time period for the bank's notice of default was tolled effective March 21, 2011, provided your web sites and You Tube site(s) go dark by no later than noon on March 23, 2012. The time period for the bank's notice of default will recommence to accrue upon either: (1) your violation of this freeze agreement, or (2) two days after written notice to you by email and U.S.
Please confirm your agreement with this freeze arrangement by return email. I look forward to working with you toward a resolution of this matter.
Diana Lee.
Diana Jessup Lee, Esq.
Reicker, Pfau, Pyle & McRoy LLP
1421 State Street
Santa Barbara , CA 93101
Tel: 805-966-2440
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: Bill Bookout [mailto:Pismobeachdiveshop@charter.net]
Sent: Tuesday, March 22, 2011 10:58 AM
To: Diana Lee
Subject: RE: Bookout v. Pacific Capital BanK
March 22, 2011
Diana Jessup Lee, Esq.
Reicker, Pfau, Pyle & McRoy LLP
1421 State Street
Santa Barbara , CA 93101
Dear Mrs. Lee,
Thank you for your response. I agree with this mutual freeze effective March 21, 2011 as communicated in your email. I appreciate the bank stopping the time clock on the Notice of Default and agree to stop all future internet communications and postings about this dispute while we explore a possible resolution in mediation.
Thank you for the bios on the mediators; I will need a day to look them over.
Sincerely
Bill Bookout
Oceano Nursery
Pismo Beach
Plumerias Garden
Big Kahuna Surf Shop
Pismo Beach
From: Diana Lee [mailto:dlee@rppmh.com]
Sent: Monday, March 21, 2011 5:58 PM
To: Bill Bookout
Subject: RE: Bookout v. Pacific Capital BanK
Dear Mr. Bookout,
Thank you for your letter. I confirmed that the bank is willing to go to mediation with you, and that the bank is willing to enter into a mutual freeze, i.e., no more time will accrue toward your Notice of Default provided you stop all communications and postings about this dispute while we explore a possible resolution in mediation. I was not able to find out if there is a way for you of cause your web sites and You Tube posting to be suspended or go dark during this freeze period. I hope to have an answer to that question tomorrow.
In the meantime, here are the bios on the individuals I mentioned as possible mediators. Let me know what you think of them or if you have any other names you would like me to consider.
Diana Lee.
Diana Jessup Lee, Esq.
Reicker, Pfau, Pyle & McRoy LLP
1421 State Street
Santa Barbara , CA 93101
Tel: 805-966-2440
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: Bill Bookout [mailto:Pismobeachdiveshop@charter.net]
Sent: Monday, March 21, 2011 3:27 PM
To: Diana Lee
Subject: RE: SBA Bank Fraud------Office of the Comptroller of the Currency Case # 01394465
March 21, 2011
Reicker, Pfau, Pyle & MCroy
Diana Lee
1421 State Street
Santa Barbara
Dear Mrs. Lee,
Thank you for contacting me today in regards to my complaint with Pacific Capital Bank. It is my hope that we can work this problem out and that we can get back to working with our communities. Please review this PDF file attached above as it contains a brief history of the problem created in 2007 by Sandra Sheffield and George C. Lazar.
You have mentioned mediation and this would be good for both of us at this point.
You have mentioned freezing the foreclosure process as we work this problem out in exchange for not posting more information to the internet. This would be good for both of us and I can make this agreement with you and Pacific Capital Bank.
Sincerely
Bill Bookout
Oceano Nursery
Pismo Beach
Plumerias Garden
Pismo Beach
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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...
I am now asking for the public's help in resolving Santa Barbara Bank & Trust and Pacific Capital Banks actions in their putting Oceano Nursery out of business in 2007! Pacific Capital Bank had known of their SBA loan, Bank mistakes since August 1, 2007 as Pacific Capital Bank stated! “The proper Bank officials will look into the computerized records and determine if there are any problems.”
Pacific Capital Banks Fraud is seen in their May 6, 2011 letter acknowledging the Pacific Capital Bancorp Breach Of Contract since June 30, 2007! Pacific Capital Bank Breach of Contract PDF...
Pacific Capital Banks Fraud is seen in their May 5, 2011 Amortization Schedule mistakes! Pacific Capital Bank ads more debt to the SBA loan, then owed Pacific Capital Bank! Pacific Capital Bank Amortization Schedule PDF...
The public can help by asking questions of Santa Barbara Bank & Trust--and -Pacific Capital Bank in regards to their comments below by Diana Lee! John Walsh OCC Complaint.pdf Please review these PDF files Pacific Capital Bank Fraud PDF And then Pacific Capital Banks statement through Diana Lee! Notice that Pacific Capital Bank has copied Congresswoman Lois Capps, Senator Sam Blakeslee along with the Santa Barbara News Press in their May 31, 2011 statements stating that their May 6, 2011 amortization schedule documents are correct!
Pacific Capital Banks Mortgage Theft of Principal May 19, 2011 letter pdf... The statements in this May 19, 2011 Pacific Capital Bank letter are very hurtful, threatening and intimidating! Pacific Capital Bank believes the May 6, 2011 information is correct as stated by Diana Lee on May 31, 2011! Pacific Capital Bank in this letter steals $22,274.46 that is not applied to my SBA loan! Pacific Capital Bank then in this May 19, 2011 letter is trying to claim that they are owed $45,171.20 in which Pacific Capital Bank is not owed per their online accounting!
The public can help by informing their Neighbors and Friends, News Media of Pacific Capital Bancorp actions! The Office of the Comptroller of the Currency Case # 01394465 is aware of Pacific Capital Banks actions!
From: Diana Lee [mailto:dlee@rppmh.com]
Sent: Tuesday, May 31, 2011 5:20 PM
To: Bill Bookout
Cc:
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: Bill Bookout [mailto:pismobeachsurfshop@charter.net]
Sent: Wednesday, May 25, 2011 12:55 PM
To: 'Diana Lee'
Cc: 'Christine Sontag';
Subject: RE: Santa Barbara Bank & Trust, PCB---Bank Fraud and Breach of Contract since 2007!
May 25, 2011 Office of the Comptroller of the Currency Case # 01394465
Diana Jessup Lee, Esq.
Reicker, Pfau, Pyle & McRoy LLP
Dear Mrs. Lee,
Re: Pacific Capital Banks May 25, 2011 belief that PCB has answered “pertinent questions.”
Thank you, for admitting to Pacific Capital Banks Breach of Contract and Mortgage Modification Fraud since June 30, 2007 as seen in your May 19, 2011 letter! Can you immediately provide copies of all the First Bank of
I have received Pacific Capital Banks May 25, 2011 letter attached above in regards to the Qualified Written Request of Pacific Capital Bank! Again please provide all of the documents requested in the Qualified Written Request of Pacific Capital Bank! Mrs. Lee, As you know, RESPA provides substantial penalties and fines for non-compliance or answers to my questions provided in the April 14, 2011 RESPA letter within sixty [60] days! Please note that the Office of the Comptroller of the Currency Case # 01394465 has been made aware of your actions! I am copying the Office of RESPA and Interstate Land Sales below with your May 25, 2011 letter!
Please provide all of the documents requested of Pacific Capital Bancorp on April 14, 2011 in the Qualified Written Request Complaint sent to Pacific Capital Bank and signed for on April 15, 2011 by Pacific Capital Bank! Please see attached Qualified Written Request Complaint copy below to you and Christine M. Sontag, Senior Vice President and Associate General Council Santa Barbara Bank & Trust. This request is also seen at www.pacificcapitalbank.co
Please explain why Pacific Capital Bank has committed Bank Fraud and Breach of Contract by charging monthly mortgage payments since July 2007 of $4,121.06? You have admitted Pacific Capital Banks Breach of Contract and Mortgage Modification Fraud in Pacific Capital Banks May 5, 2011 amortization schedule and May 6, 2011 letter
Please explain why Pacific Capital Bank has committed Bank Fraud and Breach of Contract by your May 19, 2011 letter in regards to the June 23, 2007 payment Notice showing a balance owed First Bank of
Please provide the documents for Pacific Capital Banks claim in your May 19, 2011 letter P. 2 “As of July 6, 2007, your account was $67,445.66 past due as a result of your failure to make the prior 15 months of payments.” PCB States: (not including late fees and other costs that PCB is entitled to charge you pursuant to the SBA loan) was $487,469.96.” Per the First Bank of
Please explain how the SBA form 1149 Loan # 664-196-4009 dated September 13, 2010 and signed by Stephanie Millender shows a December 31, 2009 debt of $390,996.91 compared to the Pacific Capital Bank May 5, 2011 amortization schedule # 1showing a debt on December 6, 2009 of $408,765.78? This is a $17,768.87 difference and shows Pacific Capital Banks continued Breach of Contract and mortgage modification fraud! Who at Pacific ha prepared the May 5, 2011 amortization schedule against the SBA form 1149 Loan # 664-196-4009 dated September 13, 2010 and signed by Stephanie Millender?
Please explain why in the SBA form 1149 Loan # 664-196-4009 dated September 13, 2010 and signed by Stephanie Millender, shows a monthly mortgage payment of $4,121.06 against SBA Form 147 Note signed October 6, 2003? How has Pacific Capital Bank yearly re-amortized the May 5, 2011 Pacific Capital Bank amortization schedule per SBA Form 147 Note? Why has Pacific Capital Bank not yearly re-amortized the May 5, 2011 amortization schedule payment of $4,055.30 per SBA Form 147 Note?
Pacific Capital Bank in the May 19, 2011 letter # 2 mentions the Pacific Capital Bank Grand Theft! Please note that the accounting as seen in the amortizations schedules 1 and 2 dated May 5, 2011 is Grand theft per Pacific Capital Banks online accounting and their October 26, 2010 Demand Statement prepared by Sandra Sheffield! Why did Pacific Capital Bank steal the $22,274.66 paid Pacific Capital Bank per the 2007 loan modification? Please see SBA form 1149 Loan # 664-196-4009 dated September 13, 2010 and signed by Stephanie Millender to view Pacific Capital Banks theft of principal against the 2007 loan modification! Why did Pacific Capital Bank not live up to the 2007 loan modification signed by Sandra Sheffield?
Pacific Capital Bank in the May 19, 2011 letter # 3 shows the Pacific Capital Bank Grand Theft, Mortgage Modification Fraud and Breach of Contract per the online Pacific Capital Bank accounting and the October 26, 2010 Demand Letter from Sandra Sheffield! With Pacific Capital Banks statement: “Pursuant to the Forbearance Agreement, the deferred payment amount of $45,171.20 was accelerated and became immediately payable in full within 15 days, when you defaulted on the forbearance agreement. Thus, the principal balance of $420,024.30 plus $45,171.20 in deferred payments equals $465,195.50. Furthermore, the immediately due and payable $45,171.20 amount will be included as part of your default in any future Notice of Default.” Please explain why Pacific Capital Bank did not amortize the SBA loan at $420, 024.30 with Pacific Capital Banks statement above showing $45,171.20 not amortized over the life of my SBA loan per the 2007 loan modification breach of contract by Pacific Capital Bank? This SBA loan payment should have been $3,659.96 per month before extra payments and Pacific Capital Banks responsibility to yearly re-amortize the SBA loan per SBA Form 147 Note signed with First Bank of
Pacific Capital Bank in the May 19, 2011 letter # 4 shows the Pacific Capital Bank Grand Theft, Mortgage Modification Fraud and Breach of Contract per the online Pacific Capital Bank accounting and the October 26, 2010 Demand Letter from Sandra Sheffield! How does Pacific Capital Bank now feel that they are entitled to extra principal as George Lazar had only claimed $37,801.09? Please provide the monthly Payment Notice Statements for these 15 billed mortgage payments for account # 100983501? How does Pacific Capital Bank now feel that they can charge for principal twice?
Sincerely
Bill Bookout
CC San Luis Obispo District Attorney---Daniel Hilford—Debra Vallely
CC Santa Barbara District Attorney---- Joyce E. Dudley
CC Office of the Comptroller of the Currency Case # 01394465 John Walsh
CC
John Walsh, Office of Comptroller of the Currency Administrator of National Banks Case # 01394465
Attorney General Kamala D. Harris
California Department of Justice
·
Federal Trade Commission
Office of Housing
Office of RESPA and
Office of Housing, Room 9146
Department of Housing and Urbon Development
451
Government National Mortgage Association
451
Sent: Sunday, May 15, 2011 5:28 PM
To: 'Christine Sontag'
Cc: 'mark.olson@pcbancorp.com'; 'rnightingale@dbntm.com'; 'jmackall@seedmackall.com'; 'GeorgeS.Leis@pacificcapitalbank.com'; 'GeraldJ.Ford@pcbancorp.com'; 'CarlB.Webb@pacificcapitalbank.com'; 'Carol.Zepke@pcbancorp.com'; 'Debbie.Whiteley@pcbancorp.com'; 'lol@rsmediate.com'; 'sandiego@sba.gov'; 'Carlos.Mendoza@sba.gov'; 'Manalli, John A.'; 'Ashker, Terrill K.'; 'dvallely@co.slo.ca.us'; 'ombudsman@sba.gov'; 'ombudsman@fdic.gov'; 'legal@fdic.gov'
Subject: RE: Santa Barbara Bank & Trust, Pacific Capital Bancorp---Bank Fraud and Breach of Contract since 2007!
Sent: Tuesday, May 10, 2011 10:52 AM
To: 'Bill Bookout'
Cc: Diana Lee
Subject: RE: Santa Barbara Bank & Trust, Pacific Capital Bancorp---Bank Fraud and Breach of Contract since 2007!
Sent: Wednesday, May 11, 2011 5:33 PM
To: 'Bill Bookout'
Cc: Diana Lee
Subject: RE: Santa Barbara Bank & Trust, Pacific Capital Bancorp---Bank Fraud and Breach of Contract since 2007!
Sent: Wednesday, May 11, 2011 5:15 PM
To: Christine Sontag
Cc: Kelley McCord; Debbie Whiteley; Carol Zepke; 'Diana Lee'; ajsantana@co.slo.ca.us; dvallely@co.slo.ca.us; dporter@dfi.ca.gov; GeorgeS.Leis@pacificcapitalbank.com
Subject: RE: Santa Barbara Bank & Trust, Pacific Capital Bancorp---Bank Fraud and Breach of Contract since 2007!
Sent: Wednesday, May 11, 2011 10:32 AM
To:
Cc:
Subject: RE: Santa Barbara Bank & Trust, Pacific Capital Bancorp---Bank Fraud and Breach of Contract since 2007!
(805) 963-1837
Sent: Tuesday, May 10, 2011 12:16 PM
To: 'Diana Lee'
Cc:
Subject: RE: Santa Barbara Bank & Trust, Pacific Capital Bancorp---Bank Fraud and Breach of Contract since 2007!
12/31/2009
$4,121.06
$390,996.91
|
4/18/2011 |
|
$206.05 |
|
$390,996.91 |
|
|
4/8/2011 |
|
$2,150.00 |
|
$390,996.91 |
|
|
3/16/2011 |
|
$206.05 |
|
$390,996.91 |
|
|
3/9/2011 |
|
$1,490.24 |
|
$390,996.91 |
|
|
3/9/2011 |
|
$948.00 |
|
$390,996.91 |
|
|
2/24/2011 |
|
$2,408.00 |
|
$390,996.91 |
|
|
2/16/2011 |
|
$206.05 |
|
$390,996.91 |
|
|
2/1/2011 |
|
$2,218.71 |
|
$390,996.91 |
|
|
1/18/2011 |
|
$206.05 |
|
$390,996.91 |
|
|
12/16/2010 |
|
$206.05 |
|
$390,996.91 |
|
|
11/16/2010 |
|
$206.05 |
|
$390,996.91 |
|
|
10/18/2010 |
|
$206.05 |
|
$390,996.91 |
|
|
9/17/2010 |
|
$900.00 |
|
$390,996.91 |
|
|
9/17/2010 |
|
$2,800.00 |
|
$390,996.91 |
|
|
9/16/2010 |
|
$206.05 |
|
$390,996.91 |
|
|
8/16/2010 |
|
$206.05 |
|
$390,996.91 |
|
|
7/16/2010 |
|
$206.05 |
|
$390,996.91 |
|
|
7/15/2010 |
|
$350.00 |
|
$390,996.91 |
|
|
6/16/2010 |
|
$206.05 |
|
$390,996.91 |
|
|
6/3/2010 |
|
$15.50 |
|
$390,996.91 |
|
|
5/17/2010 |
|
$206.05 |
|
$390,996.91 |
|
|
4/16/2010 |
|
$206.05 |
|
$390,996.91 |
|
|
3/16/2010 |
|
$206.05 |
|
$390,996.91 |
|
|
3/8/2010 |
|
$50.00 |
|
$390,996.91 |
|
|
2/16/2010 |
|
$206.05 |
|
$390,996.91 |
|
|
1/19/2010 |
|
$206.05 |
|
$390,996.91 |
|
|
12/31/2009 |
|
|
$4,121.06 |
$390,996.91 |
|
|
12/16/2009 |
|
$206.05 |
|
$392,024.73 |
|
|
11/13/2009 |
|
|
$0.94 |
$392,024.73 |
|
|
11/13/2009 |
|
|
$4,121.06 |
$392,024.73 |
|
|
10/5/2009 |
|
|
$4,121.06 |
$393,622.29 |
|
|
10/5/2009 |
|
|
$78.94 |
$395,532.71 |
|
|
9/1/2009 |
|
|
$4,121.06 |
$395,532.71 |
|
|
9/1/2009 |
|
|
$78.94 |
$395,686.06 |
|
|
7/2/2009 |
|
|
$78.94 |
$395,686.06 |
|
|
7/2/2009 |
|
|
$4,121.06 |
$395,686.06 |
|
|
6/30/2009 |
|
|
$4,121.06 |
$399,675.72 |
|
|
6/30/2009 |
|
|
$78.94 |
$402,473.58 |
|
|
6/10/2009 |
|
|
$4,121.06 |
$402,473.58 |
|
|
5/11/2009 |
|
|
$78.94 |
$404,599.36 |
|
|
5/11/2009 |
|
|
$4,121.06 |
$404,599.36 |
|
|
4/21/2009 |
|
|
$78.94 |
$407,381.08 |
|
|
4/21/2009 |
|
|
$4,121.06 |
$407,381.08 |
|
|
4/16/2009 |
|
$206.05 |
|
$410,624.64 |
|
|
4/9/2009 |
|
|
$4,121.06 |
$410,624.64 |
|
|
4/9/2009 |
|
|
$78.94 |
$412,710.42 |
|
|
4/9/2009 |
|
$4,200.00 |
|
$412,710.42 |
|
|
|
Santa Barbara Bank & Trust, First National Bank of Central California, South Valley National Bank, San Benito Bank and First Bank of San Luis Obispo are divisions of Pacific Capital Bank, N.A., member FDIC. |
|
© 2010 Pacific Capital Bank, N.A. All rights reserved. |
Sent: Tuesday, May 10, 2011 7:01 AM
To:
Cc:
Subject: RE: Santa Barbara Bank & Trust, Pacific Capital Bancorp---Bank Fraud and Breach of Contract since 2007!
(805) 963-1837
Sent: Tuesday, January 25, 2011 2:00 PM
To: Bill Bookout
Subject: Pacific Capital Bank
FOX JOHNS LAZAR PEKIN & WEXLER, APC
Tel: 619.595.7187
Toll Free: 877.272.3734
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.
Sent: Monday, May 09, 2011 11:30 AM
To:
Cc:
Subject: RE: Santa Barbara Bank & Trust, Pacific Capital Bancorp---Bank Fraud and Breach of Contract since 2007!
Sent: Tuesday, May 03, 2011 7:40 PM
To: Bill Bookout
Cc: 'Lol Sorensen'; Doug.Lutz@pcbancorp.com; legal@fdic.gov;
Subject: RE: Bookout/PCB Mediation
Sent: Wednesday, April 27, 2011 8:24 PM
To: 'Diana Lee'; 'Bill Bookout'
Cc: Doug.Lutz@pcbancorp.com
Subject: Bookout/PCB Mediation
lol@rsmediate.com
(805) 649-1389 (phone)
(805) 689-6654 (cell)
(866) 423-9058 (fax)
**************************************************************
This message is sent by an attorney-mediator and may contain information that is privileged or confidential.
If you received this transmission in error, please notify the sender by reply e-mail and delete the message
and any attachments.
Sent: Thursday, April 07, 2011 9:34 AM
To: 'Bill Bookout'
Cc: 'Diana Lee'
Subject: RE: Santa Barbara Bank & Trust, Pacific Capital Bancorp---Bank Fraud and Breach of Contract since 2007!
Sent: Thursday, April 07, 2011 8:57 AM
To: Christine Sontag
Cc: jmackall@seedmackall.com; rnightingale@dbntm.com; 'Diana Lee'; lol@rsmediate.com; GeorgeS.Leis@pacificcapitalbank.com; sandiego@sba.gov;
Subject: RE: Santa Barbara Bank & Trust, Pacific Capital Bancorp---Bank Fraud and Breach of Contract since 2007!
3/16/2011
$206.05
$390,996.91
3/9/2011
$1,490.24
$390,996.91
3/9/2011
$948.00
$390,996.91
2/24/2011
$2,408.00
$390,996.91
2/16/2011
$206.05
$390,996.91
2/1/2011
$2,218.71
$390,996.91
Sent: Wednesday, April 06, 2011 5:35 PM
To: 'Bill Bookout'
Cc: 'Diana Lee'
Subject: RE: Santa Barbara Bank & Trust, Pacific Capital Bancorp---Bank Fraud and Breach of Contract since 2007!
Sent: Monday, April 04, 2011 8:52 AM
To: Christine Sontag
Cc: rnightingale@dbntm.com; jmackall@seedmackall.com;
Subject: RE: Santa Barbara Bank & Trust, Pacific Capital Bancorp---Bank Fraud and Breach of Contract since 2007!
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.
Sent: Monday, July 28, 2008 10:54 AM
To: George C. Lazar
Cc: SANDRA.SHEFFIELD@pacificcapitalbank.com
Subject: Pacific Capital Banks Questionable Actions
FOX JOHNS LAZAR PEKIN & WEXLER, APC”
Sent: Tuesday, March 29, 2011 12:03 PM
To:
Cc:
Subject: RE: Santa Barbara Bank & Trust, Pacific Capital Bancorp---Bank Fraud and Breach of Contract since 2007!
Fax # 713-336-4301
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."
Sent: Tuesday, March 29, 2011 9:39 AM
To:
Cc:
Subject: RE: Santa Barbara Bank & Trust, Pacific Capital Bancorp---Bank Fraud and Breach of Contract since 2007!
Sent: Monday, March 28, 2011 1:32 PM
To:
Cc:
Subject: RE: Santa Barbara Bank & Trust, Pacific Capital Bancorp---Bank Fraud and Breach of Contract since 2007!
Sent: Monday, March 28, 2011 11:02 AM
To: Bill Bookout; christine.sontag@sbbt.com
Cc: lol@rsmediate.com
Subject: RE: Santa Barbara Bank & Trust, Pacific Capital Bancorp---Bank Fraud and Breach of Contract since 2007!
Sent: Monday, March 28, 2011 10:22 AM
To: christine.sontag@sbbt.com
Cc: Diana Lee; lol@rsmediate.com; 'Bill Bookout'
Subject: RE: Santa Barbara Bank & Trust, Pacific Capital Bancorp---Bank Fraud and Breach of Contract since 2007!
Loan Summary
|
Principal: |
$452024.05 |
|
Interest Rate: |
6% |
|
Loan Term: |
171 months |
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 |
Sent: Thursday, December 09, 2010 1:41 PM
To: Greg Connell; Thomas Cregger; mpott@porterscott.com; tcassidy@porterscott.com; derek_van_hoften@dot.ca.gov
Cc: John W. Belsher; Bill Bookout
Subject: RE: Resolution Offer - Bookout v. State of California et al.
This electronic message contains information from Daner Law Firm, APLC which may be confidential or protected by the attorney-client privilege and /or the work product doctrine and is intended solely for the use of the addressee listed above. If you are neither the intended recipient nor the employee or agent responsible for delivering this electronic message to the internet recipient, you are hereby notified that any disclosure, copying, distribution or the use of the content of this electronic message is strictly prohibited. If you received this electronic message in error, please notify us by replying to this message and please delete the original message. If you have read this far you should also realize it is not nice to read others' mail.
Sent: Thursday, December 02, 2010 10:35 AM
To: Adam M. Daner; 'Thomas Cregger'; mpott@porterscott.com; tcassidy@porterscott.com; derek_van_hoften@dot.ca.gov
Cc: 'John W. Belsher'; 'Bill Bookout'
Subject: Resolution Offer - Bookout v. State of California et al.
BELSHER, BECKER & ROBERTS
Telephone: (805) 542-9900
Facsimile: (805) 542-9949
gconnell@bbrlawfirm.com
Sent: Saturday, March 26, 2011 2:09 PM
To: 'christine.sontag@sbbt.com'
Cc: 'Diana Lee';
Subject: RE: Santa Barbara Bank & Trust, Pacific Capital Bancorp---Bank Fraud and Breach of Contract since 2007!
The websites that Santa Barbara Bank & Trust are concerned about are just a few of the websites dealing with this matter and the inverse condemnation of my Oceano Nursery property with the First Bank of
Sent: Saturday, March 26, 2011 7:45 AM
To: Bill Bookout
Subject: Out of Office: Santa Barbara Bank & Trust, Pacific Capital Bancorp---Bank Fraud and Breach of Contract since 2007!
Sent: Saturday, March 26, 2011 7:43 AM
To: 'christine.sontag@sbbt.com'
Cc: 'Diana Lee';
Subject: RE: Santa Barbara Bank & Trust, Pacific Capital Bancorp---Bank Fraud and Breach of Contract since 2007!
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!
Sent: Friday, March 25, 2011 3:22 PM
To: christine.sontag@sbbt.com
Cc: lol@rsmediate.com; Diana Lee;
Subject: RE: Santa Barbara Bank & Trust, Pacific Capital Bancorp---Bank Fraud and Breach of Contract since 2007!
Sent: Thursday, March 24, 2011 3:07 PM
To: 'Diana Lee'
Cc:
Subject: RE: Santa Barbara Bank & Trust, Pacific Capital Bancorp---Bank Fraud and Breach of Contract since 2007!
Financial Details
|
Home price |
$452,024.05 |
|
Down payment |
0.000 % |
|
Total amount financed |
$452,024.05 |
|
Payment amount |
$3,938.80 |
|
Total payments |
$673,533.95 |
|
Interest rate |
6.000 % |
|
Interest compounding |
Monthly |
|
Total finance charge |
$221,509.90 |
Payment Summary
|
Sent: Thursday, March 24, 2011 10:08 AM
To: 'Diana Lee'
Cc:
Subject: RE: SBA Bank Fraud---Office of the Comptroller of the Currency Case # 01394465 -Amortization Schedule
Loan Summary
|
Principal: |
$452024.05 |
|
Interest Rate: |
6% |
|
Loan Term: |
171 months |
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 |
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
Sent: Wednesday, March 23, 2011 1:23 PM
To: Diana Lee
Cc: lol@rsmediate.com
Subject: RE: SBA Bank Fraud---Office of the Comptroller of the Currency Case # 01394465 -Amortization Schedule
Sent: Wednesday, March 23, 2011 12:43 PM
To: Bill Bookout
Subject: RE: SBA Bank Fraud------Office of the Comptroller of the Currency Case # 01394465 -Amortization Schedule
Sent: Wednesday, March 23, 2011 11:11 AM
To: Diana Lee
Subject: RE: SBA Bank Fraud------Office of the Comptroller of the Currency Case # 01394465 -Amortization Schedule
Sent: Tuesday, March 22, 2011 3:59 PM
To: Bill Bookout
Subject: RE: Bookout v. Pacific Capital BanK
Sent: Tuesday, March 22, 2011 10:58 AM
To: Diana Lee
Subject: RE: Bookout v. Pacific Capital BanK
Sent: Monday, March 21, 2011 5:58 PM
To: Bill Bookout
Subject: RE: Bookout v. Pacific Capital BanK
Sent: Monday, March 21, 2011 3:27 PM
To: Diana Lee
Subject: RE: SBA Bank Fraud------Office of the Comptroller of the Currency Case # 01394465
