Governor Jerry Brown

Governor Jerry Brown Please review the emails below between Bill Bookout/Oceano Nursery and Santa Barbara Bank & Trust.  Please pay close attention to Santa Barbara Bank & Trusts statement on November 18, 2011.   With that being said, as I have done on countless occasions in the past, I deny each and every one of the false allegations that you have set forth in your email below.  There is nothing deficient about the May 19, 2011 NOD.  Santa Barbara Bank and Trust will not rescind it.  We have reviewed all of the information pertaining to this NOD and it is valid."  

Attorney General Complaint showing Santa Barbara Bank & Trust Fraud! Peggy E. Gustafson, Inspector General for the SBA PDF

Santa Barbara Bank & Trust Fraud as presented to the Santa Barbara Bankruptcy Court by Santa Barbara Bank & Trust.  The questions asked of Santa Barbara Bank & Trust below need to be answered!

Santa Barbara Bank & Trust PDF documents showing the SBBT May 19, 2011 Notice of Default to be fraudulent, in the $45,171.20 claimed by Santa Barbara Bank & Trust!

Santa Barbara Bank & Trust Fraud as presented to the Santa Barbara Bankruptcy Court by Santa Barbara Bank & Trust.  The questions asked of Santa Barbara Bank & Trust below need to be answered!

Santa Barbara Bank & Trust Fraud as presented to the Santa Barbara Bankruptcy Court by Santa Barbara Bank & Trust.  The questions asked of Santa Barbara Bank & Trust below need to be answered!

 

Santa Barbara Bank & Trust Fraud as presented to the Santa Barbara Bankruptcy Court by Santa Barbara Bank & Trust.  The questions asked of Santa Barbara Bank & Trust below need to be answered!

SBA Loan Fraud By Santa Barbara Bank & Trust PDF  Fully known to the United States Small Business Administration.  Notice how the August 29, 2003 SBA PLP Loan Authorization has been changed!

From: Bill Bookout [mailto:Pismobeachdiveshop@charter.net]
Sent: Thursday, December 08, 2011 10:56 AM
To: 'Robert Forouzandeh'
Cc: 'kari.overson@sba.gov'; 'Mazzoni, Sandra E. (Off. Inspector Gen.)'; 'cj.ward@keyt.com'; 'velie@calcoastnews.com'; 'Richard Rossi'; 'Chris Gautschi'; 'Karen Grant'; 'Kaplan, Adam D.(Off. Inspector Gen.)'; 'Diana Lee'; 'rmiller@newtimesslo.com'; 'econnolly@newtimesslo.com'; 'crigley@newtimesslo.com'; 'lol@rsmediate.com'; 'Hardy.Slay@sba.gov'; 'Hobby, Jill C.'; 'Hien.Nguyen@sba.gov'; 'Bob Johnston'; 'Thomas Cregger'; 'carlos.mendoza@sba.gov'
Subject: RE: Santa Barbara Bank & Trust Loan Fraud and Breach of Contract SBA PLP Loan # 664-196-4009 Office of Inspector General

 

December 8, 2011

 

Santa Barbara Bank & Trust

Robert Forouzandeh, California State Bar # 247177

Reicker, Pfau, Pyle & McRoy LLP                                          

1421 State Street, Suite B

Santa Barbara, CA  93101

 

Robert Forouzandeh,

 

As Santa Barbara Bank & Trust has been using Reicker, Pfau, Pyle & McRoy LLP for their banking communication.  Please respond to Santa Barbara Bank & Trusts actions since the beginning of this SBA Loan?  From the August 29, 2011 SBA Form 1149 prepared by Santa Barbara Bank & Trust Vice President, Sandra Sheffield.  It is seen that Santa Barbara Bank & Trust immediately broke the signed October 6, 2003 SBA Form 147 Note, that Santa Barbara Bank & Trust has provided to Judge Robin L. Riblet!  

 

Santa Barbara Bank & Trust has refused to provide November and December 2011 (Payment Notices) as will now have to be presented to Judge Robin L. Riblet.  Santa Barbara Bank & Trust has ended the online Oceano Nursery accounting as seen by KEYT 3 On Your Side and Cal Coast News.  Please provide an accurate computerized accounting to myself and to Judge Robin L. Riblet for our December 16, 2011 United States Bankruptcy Court Hearing!  A previous online accounting is seen below with the email to Santa Barbara Bank & Trust Vice President, Sandra Sheffield on August 18, 2010.  Please explain to Judge Robin L. Riblet as to why Santa Barbara Bank & Trust was charging late fees for extra principal paid Santa Barbara Bank & Trust against the 2007 forbearance and workout agreement?

 

Robert Forouzandeh, with the SBBT Fraudulent May 19, 2011 NOD.  Santa Barbara Bank & Trust has cost Pismo Beach Surf Shop, Pismo Beach Dive Shop, Oceano Nursery, Plumerias Garden & Gifts $7,625.00 in Attorney Fees that will now need to be repaid by Santa Barbara Bank & Trust for this Fraudulent May 19, 2011 Notice of Default as presented to Judge Robin L. Riblet, in Santa Barbara Bank & Trusts, October 28, 2011 (Proof of Claim)!  Santa Barbara Bank & Trust has falsely stated on November 18, 2011  With that being said, as I have done on countless occasions in the past, I deny each and every one of the false allegations that you have set forth in your email below.  There is nothing deficient about the May 19, 2011 NOD.  Santa Barbara Bank and Trust will not rescind it.  We have reviewed all of the information pertaining to this NOD and it is valid.:

 

Again I am requesting for a Santa Barbara Bank & Trust Computerized (Payment Notices) from Santa Barbara Bank & Trust for the months of November and December 2011 per SBA Form 147 Note as Santa Barbara Bank & Trust has stated on November 23, 2011  “Forbearance Agreement and the date of the Proof of Claim with the loan being re-amortized on a yearly basis per SBA loan rules”    

 

How will Santa Barbara Bank & Trust be accounting to Judge Robin L. Riblet for the SBBT monthly, overcharging of the Oceano Nursery SBA PLP Loan # 664-196-4009 since the 2007 breach of contract?  Judge Robin L. Riblet will need this information for our Court hearing on December 16, 2011, per the SBA Loan Rules, Santa Barbara Bank & Trust has acknowledged on November 23, 2011?  As you are fully aware from SBA Form 147 Note, Santa Barbara Bank & Trusts (Proof Of Claim) accounting of $127,333.39 owed is Fraudulent!   With the December 2009 Santa Barbara Bank & Trust payment of $4,121.06 the Oceano Nursery Account Balance should have been $346,428.08!  Robert Forouzandeh, this amount is undisputed by Santa Barbara Bank & Trust with their claim of $45,171.20 in 10 deferred and defaulted payments owed SBBT or the January 14, 2011 NOD 10 Deferred 10/2006 - 7/2007 $37,801.09 Payments owed Santa Barbara Bank & Trust!

 

As seen below, Santa Barbara Bank & Trust paid for a falsified Phase 1 in 2007 on the 470 Price Street Property.  The $1,900.00 cost of this falsified Phase one came from Oceano Nursery business working capital!  Please see that this $1,900.00 is immediately repaid and that Santa Barbara Bank & Trust takes full responsibility for any and all 470 Price Street Environmental Clean-Up.  The Responsibility may be held against the SBA per the August 29, 2003 SBA Loan Authorization per documents that are being withheld by the SBA!

 

All documents mentioned can be seen at www.sbaplploans.com and at www.governorjerrybrown.net  Santa Barbara Bank & Trust per their requirement to fight Inverse Condemnation should be fully liable for any and all Judgments per the 2003 required Deed of Trust requirement to fight inverse condemnation!  This is backed up in the 2007 forbearance and workout agreement.  Santa Barbara Bank & Trust has provided both of these documents to Judge Robin L, Riblet!

 

Robert Forouzandeh, Karen L. Grant and Diana Jessup Lee, Reicker, Pfau, Pyle & McRoy LLP, please see that Judge Robin L. Riblet receives copy’s of Santa Barbara Bank & Trust emails on November 18, 2011, November 23, 2011 and November 30, 2011 along with this response to Santa Barbara Bank & Trusts Fraudulent May 19, 2011 NOD!

 

Sincerely

 

Bill Bookout

 

CC KEYT 3 On Your Side CJ Ward

CC Richard Rossi

CC Judge Robin L. Riblet---Exhibit # 22  RE: Santa Barbara Bank & Trust False Proof Of Claim 10/28/2011

CC Karen L. Grant Attorney for Santa Barbara Bank & Trust

CC Chris Gautschi [sanschromo@yahoo.com]

CC Diana Jessup Lee

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

CC Sandra Mazzoni Office of Inspector General OIG complaint ID # 20110484—20120076

CC Kari Overson, Office of Inspector General OIG complaint ID # 20110484—20120076


From: Bill Bookout [mailto:Pismobeachdiveshop@charter.net]
Sent: Wednesday, December 07, 2011 1:56 PM
To: 'kari.overson@sba.gov'
Cc: 'Butcher-Sumner, Blossom V.'; 'Diana Lee'; 'Karen Grant'; 'Mary Jo Barbeau'; 'Richard Rossi'; 'Chris Gautschi'; 'Kaplan, Adam D.(Off. Inspector Gen.)'; 'Bob Johnston'; 'Ashker, Terrill K.'; 'Thomas Cregger'; 'carlos.mendoza@sba.gov'; 'Hobby, Jill C.'; 'lol@rsmediate.com'; 'rmiller@newtimesslo.com'; 'econnolly@newtimesslo.com'; 'crigley@newtimesslo.com'; 'velie@calcoastnews.com'; 'cj.ward@keyt.com'; 'Mazzoni, Sandra E. (Off. Inspector Gen.)'; 'Hien.Nguyen@sba.gov'; 'Hardy.Slay@sba.gov'; 'Lisa.Cookie@sba.gov'; 'Robert Forouzandeh'; 'Babcock, Lisa J.'
Subject: RE: Santa Barbara Bank & Trust Loan Fraud and Breach of Contract SBA PLP Loan # 664-196-4009 Office of Inspector General

 

December 7, 2011

 

Kari Overson,

U.S. Small Business Administration

Office of Inspector General

 

Dear Mrs. Kari Overson,

 

I am asking for a full investigation into Santa Barbara Bank & Trust, per the Fraud and Breach of contract from the beginning of the Oceano Nursery SBA Loan.  Please read the email below on December 3, 2011 to Sandra Mazzoni, Senior Special Agent U.S. Small Business Administration Office of Inspector General. All documents discussed can be seen at www.sbaplploans.com and at www.governorjerrybrown.net

 

I am requesting that the SBA take this loan away from Santa Barbara Bank & Trust and return the $8,437.50 that I have paid for the falsified August 29, 2003 SBA Authorization between the SBA and Santa Barbara Bank & Trust/FBSLO!  If the SBA has authorized this August 29, 2003 change then please provide a copy of any and all SBA Form 327’s per the Oceano Nursery SBA loan PLP 664-196-4009: The term "Modification or Administrative Action" refers to an action to modify the authorization and loan agreement or other actions which are necessary to help the borrower respond to a business growth opportunity or to respond to a problem. It also refers to actions that SBA may take that would effect the loan, (e.g., change the status of loan from regular servicing to "in-liquidation," to transfer the loan from one lender to another, etc.) Modifications or administrative actions on specific loans are taken by the completion of an SBA Form 327 (see appendix), or the 327 stamp format. The result is a 327 action.”

 

Santa Barbara Bank & Trust/FBSLO October 1, 2003 (Collateral Modification) should have been documented in a SBA Form 327 if this was authorized by the SBA.  Please under a FOIA Request provide any and all SBA or Santa Barbara Bank & Trust/FBSLO 2003 SBA PLP Loan # 664-196-4009 Modifications!  This document is seen at www.sbaplploans.com

 

Did the SBA approve the October 1, 2003 (SBA Loan Analysis Presentation)? By Santa Barbara Bank & Trust/FBSLO?

 

Did the SBA allow no Environmental Investigation on the 470 Price Street property (Collateral Modification) on October 1, 2003?  Please see that the prior FOIA document withheld are provided!

 

Did the SBA allow Santa Barbara Bank & Trust from the 2007 SBA Loan forbearance & Workout Agreement as seen in the August 29, 2011 SBA Form 1149 to not apply any principal in the five payments totaling $22,274.46?  This SBA Form 1149 document was signed by Santa Barbara Bank & Trust Vice President Sandra Sheffield as seen at www.sbaplploans.com

 

Did the SBA allow Santa Barbara Bank & Trust to modify/change SBA Form 4, Schedule A after the October 6, 2003 signing of the Deed of Trust?  Please review (Schedule of Collateral Exhibit A) at www.governorjerrybrown.net showing only the Oceano Nursery property being taken as Collateral to be Used as Security!  Notice the Market Value of $600,000.00!

 

The SBA has refused to provide FOIA documents disclosed by the SBA.  Can you see that all of the FOIA documents are provided?  As this investigation will be starting with the Fraudulent actions in 2003.  I do have the 2007 Phase 1 report in my possession showing Santa Barbara Bank & Trust using another property for the Phase 1!

65

Site visit

08/21/2003

9

Withheld

Ex. 4 & Ex. 5

The SBA has refused to provide all documents with the August 21, 2003 Site Visit.  The document that I have obtained was created after the 8/21/2003 site visit.  There should be nine pages per the 8/21/2003 site visit of Oceano Nursery.

 

The 2007 Phase 1 report was falsified, using another property other then the 470 Price Street property.  This should be an important issue with the U.S. Small Business Administration Office of Inspector General.  If there is contamination, who is responsible for the contamination clean-up? The SBA or Santa Barbara Bank & Trust?  Again it is important to have a copy of the 2011 environmental reports being withheld by the SBA!

 

72

Phase 1 environmental Site Assessment (470 Price St.)

05/17/2011

85

Withheld

Ex. 4 & Ex. 5

73

The Standard Environmental Risk Information (470 Price St.)

05/02/2011

53

Withheld

Ex. 4 & Ex. 5

 

Santa Barbara Bank & Trust has not responded to the email below!  I am asking for the SBA to obtain copy’s of Santa Barbara Bank & Trusts computerized accounting of the Oceano Nursery SBA Loan PLP # 664-196-4009.  The Notice of Default that Santa Barbara Bank & Trust has filed on May 19, 2011 is Fraudulent!  Santa Barbara Bank & Trust has stated on November 18, 2011  With that being said, as I have done on countless occasions in the past, I deny each and every one of the false allegations that you have set forth in your email below.  There is nothing deficient about the May 19, 2011 NOD.  Santa Barbara Bank and Trust will not rescind it.  We have reviewed all of the information pertaining to this NOD and it is valid.

 

Robert B. Forouzandeh

Attorney at Law

 

Again, I am asking for a full investigation into Santa Barbara Bank & Trust from 2003 to present!  Santa Barbara Bank & Trust refuse’s to now provide any online accounting or monthly payment notices with their acknowledging on November 30, 2011; SBA loan rules under SBA Form 147 Note.  Santa Barbara Bank & Trust falsified the May 19, 2011 NOD and the January 14, 2011 NOD  Santa Barbara Bank & Trust has falsified the August 29, 2003 SBA Loan Authorization!

 

Sincerely

 

Bill Bookout

 

CC  KEYT 3 On Your Side CJ Ward

CC Judge Robin L. Riblet---Exhibit # 22  RE: Santa Barbara Bank & Trust False Proof Of Claim 10/28/2011

CC Karen L. Grant Attorney for Santa Barbara Bank & Trust

CC Barry A. Cappello Lender Liability

CC Chris Gautschi [sanschromo@yahoo.com]

CC San Luis Obispo District Attorney

CC San Luis Obispo Police Department Case # 111108022

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

CC Sandra Mazzoni Office of Inspector General OIG complaint ID # 20110484—20120076


From: Bill Bookout [mailto:Pismobeachdiveshop@charter.net]
Sent: Tuesday, December 06, 2011 12:20 PM
To: 'Diana Lee'
Cc: 'Karen Grant'; 'Mary Jo Barbeau'; 'Richard Rossi'; 'Chris Gautschi'; 'Kaplan, Adam D.(Off. Inspector Gen.)'; 'danhil@charter.net'; 'Bob Johnston'; 'Ashker, Terrill K.'; 'Thomas Cregger'; 'carlos.mendoza@sba.gov'; 'Hobby, Jill C.'; 'Koznek, Jeff'; 'lol@rsmediate.com'; 'rmiller@newtimesslo.com'; 'econnolly@newtimesslo.com'; 'crigley@newtimesslo.com'; 'ctrimble@pismobeach.org'; 'velie@calcoastnews.com'; 'cj.ward@keyt.com'; 'Mazzoni, Sandra E. (Off. Inspector Gen.)'; 'Hien.Nguyen@sba.gov'; 'Hardy.Slay@sba.gov'; 'Lisa.Cookie@sba.gov'
Subject: RE: Santa Barbara Bank & Trust Loan Fraud and Breach of Contract SBA PLP Loan # 664-196-4009

 

December 6, 2011

 

Santa Barbara Bank & Trust

Diana Jessup Lee, California State Bar # 155191

Robert Forouzandeh, California State Bar # 247177

Reicker, Pfau, Pyle & McRoy LLP                                          

1421 State Street, Suite B

Santa Barbara, CA  93101

 

Mrs. Diana Jessup Lee,

 

As undisputed by Santa Barbara Bank & Trust below, Santa Barbara Bank & Trust now needs to account for the Oceano Nursery loan payments overcharged in 2007 of $2,305.55 against SBA Form 147 Note as stated by Robert Forouzandeh, on November 23, 2011  “Forbearance Agreement and the date of the Proof of Claim with the loan being re-amortized on a yearly basis per SBA loan rules”

 

The November 7, 2011Objection (Case NO. ND11-1493RR) by Attorney Karen L. Grant for Santa Barbara Bank & Trust has now been shown to be fraudulent with the $127,333.39 (Proof Of Claim) claimed to be owed by Santa Barbara Bank & Trust!  Robert Forouzandeh, on November 23, 2011, now shows that Santa Barbara Bank & Trust understands “SBA Loan Rules” per SBA Form 147 Note!

 

Santa Barbara Bank & Trust needs to account for the overcharging the Oceano Nursery loan payments in 2008 by $6,589.80 against SBA Form 147 Note as stated by Robert Forouzandeh, on November 23, 2011  “Forbearance Agreement and the date of the Proof of Claim with the loan being re-amortized on a yearly basis per SBA loan rules”

Santa Barbara Bank & Trust needs to account for the overcharging the Oceano Nursery loan payments in 2009 by $7,523.52 against SBA Form 147 Note as stated by Robert Forouzandeh, on November 23, 2011  “Forbearance Agreement and the date of the Proof of Claim with the loan being re-amortized on a yearly basis per SBA loan rules”

If Santa Barbara Bank & Trust disputes any of the figures below or above, then please provide a Computerized, Accounting by Santa Barbara Bank & Trust within 24 Hours.  Failure to provide a Santa Barbara Bank & Trust Computerized Accounting will be taken as full agreement with the figures below and above!  Please provide a copy of Santa Barbara Bank & Trust Computerized Accounting to the Office of Inspector General attached above along with the SBA, within 24 Hours! OIG complaint ID # 20110484—20120076

 

Again I am requesting for a Santa Barbara Bank & Trust Computerized (Payment Notices) from Santa Barbara Bank & Trust for the months of November and December 2011 per SBA Form 147 Note as stated by Robert Forouzandeh, on November 23, 2011  “Forbearance Agreement and the date of the Proof of Claim with the loan being re-amortized on a yearly basis per SBA loan rules”    Santa Barbara Bank & Trust online accounting has for some reason been taken off line as seen by KEYT 3 On Your Side CJ Ward.  Please again show Santa Barbara Bank & Trust online accounting or explain as to why Santa Barbara Bank & Trust is no longer providing this Online, Banking Service?

 

Sincerely

 

Bill Bookout

 

CC  KEYT 3 On Your Side CJ Ward

CC Judge Robin L. Riblet---Exhibit # 22  RE: Santa Barbara Bank & Trust False Proof Of Claim 10/28/2011

CC Karen L. Grant Attorney for Santa Barbara Bank & Trust

CC Barry A. Cappello Lender Liability

CC Chris Gautschi [sanschromo@yahoo.com]

CC San Luis Obispo District Attorney

CC San Luis Obispo Police Department Case # 111108022

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

CC Sandra Mazzoni Office of Inspector General OIG complaint ID # 20110484—20120076


From: Bill Bookout [mailto:Pismobeachdiveshop@charter.net]
Sent: Monday, December 05, 2011 3:41 PM
To: 'Diana Lee'
Cc: 'Karen Grant'; 'Mary Jo Barbeau'; 'Richard Rossi'; 'Chris Gautschi'; 'Kaplan, Adam D.(Off. Inspector Gen.)'; 'danhil@charter.net'; 'Bob Johnston'; 'Ashker, Terrill K.'; 'Thomas Cregger'; 'carlos.mendoza@sba.gov'; 'Hobby, Jill C.'; 'Koznek, Jeff'; 'lol@rsmediate.com'; 'rmiller@newtimesslo.com'; 'econnolly@newtimesslo.com'; 'crigley@newtimesslo.com'; 'ctrimble@pismobeach.org'; 'velie@calcoastnews.com'; 'cj.ward@keyt.com'; 'Mazzoni, Sandra E. (Off. Inspector Gen.)'
Subject: RE: Santa Barbara Bank & Trust Loan Fraud and Breach of Contract SBA PLP Loan # 664-196-4009

 

December 5, 2011

 

Santa Barbara Bank & Trust

Diana Jessup Lee, California State Bar # 155191

Robert Forouzandeh, California State Bar # 247177

Reicker, Pfau, Pyle & McRoy LLP                                          

1421 State Street, Suite B

Santa Barbara, CA  93101

 

Mrs. Diana Jessup Lee,

 

In reviewing the mistakes that have been made by Santa Barbara Bank & Trust; with Robert Forouzandeh’s, emails below on November 30, 2011, November 23, 2011 and November 18, 2011. 

 

We have done a recalculation of the Oceano Nursery SBA Loan per the January 14, 2011 and May 19, 2011 Notice of Default Mistakes by Santa Barbara Bank & Trust.

 

It would appear that with Santa Barbara Bank & Trusts claim of deferred payments owed SBBT as of July 6, 2007, that this SBA loan should have been amortized down from $420,024.30.  This would have meant that the August 6, 2007 SBBT payment should have been $3,659.96 instead of the $4,121.06 payment, that has been charged by Santa Barbara Bank & Trust up to November 2011!  This mistake that has been made by Santa Barbara Bank & Trust would be a monthly overcharge of the SBA Loan by $461.11 in 2007

Loan Summary

Principal:

$420024.30

Interest Rate:

6%

Loan Term:

171 months

Number of Payments:

171

Monthly Payment:

$3,659.96

Total Principal Paid:

$420,024.30

Total Interest Paid:

$205,829.01

Total Paid:

$625,853.31

 

This mistake by Santa Barbara Bank & Trust with not reducing $5,200.00 of loan principal for the first five payments owed per the 2007 forbearance & workout agreement and the extra principal paid of $2,236.82 in July 2007; shows the Santa Barbara Bank & Trust SBA Loan Balance as of the December 2007 should have been $409,818.00 per SBA Form 147 Note as now acknowledged by Robert Forouzandeh, on November 23, 2011 as stated: “Forbearance Agreement and the date of the Proof of Claim with the loan being re-amortized on a yearly basis per SBA loan rules”

 

Amortization table for $420,024.30 borrowed on Jul 06, 2007

Month / Year

Payment 

Principal 
Paid      

Interest 
Paid     

Total  
Interest 

Balance 

Aug. 2007

$11,557.89 

$9,457.77 

$2,100.12 

$2,100.12 

$410,566.53 

Sept. 2007

$4,121.07 

$2,068.24 

$2,052.83 

$4,152.95 

$408,498.29 

Oct. 2007

$4,121.07 

$2,078.58 

$2,042.49 

$6,195.45 

$406,419.71 

Nov. 2007

$4,121.07 

$2,088.97 

$2,032.10 

$8,227.54 

$404,330.74 

Dec. 2007

$4,121.07 

$2,099.42 

$2,021.65 

$10,249.20 

$402,231.32 

Jan. 2008

$4,121.07 

$2,109.91 

$2,011.16 

$12,260.35 

$400,121.41 

 

 

Santa Barbara Bank & Trust continued making SBA Form 147 Note mistakes in 2008 by ignoring SBA Form 147 Note and not re-amortizing the new 2008 balance of $402,231.32 with the additional principal paid in 2007 of $2,236.82.  In 2008 according to SBA Rules re-amortized on a yearly basis per SBA loan rules per SBA Form 147 Noted by Robert Forouzandeh on November 23, 2011, this Santa Barbara Bank & Trust SBA Loan should have been re-amortized with a monthly payment in 2008 of $3,571.91 instead of the Santa Barbara Bank & Trust (Payment Notice) and SBA Form 1149 payment of $4,121.06!  This amount shows that in 2008 Santa Barbara Bank & Trust has overcharged the Oceano Nursery SBA Loan by $549.15 dollars per month! Extra Principal in 2008 paid and not accounted for by Santa Barbara Bank & Trust is $1,553.58

Amortization table for $402,231.32 borrowed on Dec 06, 2007

Month / Year

Payment 

Principal 
Paid      

Interest 
Paid     

Total  
Interest 

Balance 

Jan. 2008

$4,121.06 

$2,109.90 

$2,011.16 

$2,011.16 

$400,121.42 

Feb. 2008

$4,121.06 

$2,120.45 

$2,000.61 

$4,011.76 

$398,000.96 

Mar. 2008

$4,121.06 

$2,131.05 

$1,990.00 

$6,001.77 

$395,869.91 

April 2008

$4,121.06 

$2,141.71 

$1,979.35 

$7,981.12 

$393,728.20 

May 2008

$4,121.06 

$2,152.42 

$1,968.64 

$9,949.76 

$391,575.78 

June 2008

$4,121.06 

$2,163.18 

$1,957.88 

$11,907.64 

$389,412.60 

July 2008

$4,121.06 

$2,174.00 

$1,947.06 

$13,854.70 

$387,238.60 

Aug. 2008

$4,121.06 

$2,184.87 

$1,936.19 

$15,790.89 

$385,053.74 

Sept. 2008

$4,121.06 

$2,195.79 

$1,925.27 

$17,716.16 

$382,857.94 

Oct. 2008

$5,674.64 

$3,760.35 

$1,914.29 

$19,630.45 

$379,097.59 

Nov. 2008

$4,121.06 

$2,225.57 

$1,895.49 

$21,525.94 

$376,872.02 

Dec. 2008

$4,121.06 

$2,236.70 

$1,884.36 

$23,410.30 

$374,635.32 

Jan. 2009

$4,121.06 

$2,247.88 

$1,873.18 

$25,283.48 

$372,387.44 

 

Santa Barbara Bank & Trust in their mistakes in ignoring the SBA Rules re-amortized on a yearly basis per SBA loan rules As noted by Robert Forouzandeh on November 23, 2011 would have reduced the SBA loan down to $374,635.32 with the December 6, 2008 payment.  This amount Starting in 2009 according to SBA Form 147 Rules as stated by Robert Forouzandeh re-amortized on a yearly basis per SBA loan rules Would have been a Monthly SBA Loan payment of $3,494.10 in 2009.  This is a monthly over payment to Santa Barbara Bank & Trust of $626.96

Loan Summary

Principal:

$374635.32

Interest Rate:

6%

Loan Term:

154 months

Number of Payments:

154

Monthly Payment:

$3,494.10

Total Principal Paid:

$374,635.32

Total Interest Paid:

$163,455.36

Total Paid:

$538,090.68

 

Santa Barbara Bank & Trust in their mistakes in ignoring the SBA Rules re-amortized on a yearly basis per SBA loan rules As noted by Robert Forouzandeh on November 23, 2011 would have reduced the SBA loan down to $374,635.32 with the December 6, 2008 payment for 2008.  In January 2009 the SBA loan Balance would have been $372,387.44 and with extra principal paid in 2009 of $473.64, the principal balance to have been re-amortized in 2011 under SBA Form 147 Note Rules as noted by Robert Forouzandeh.  re-amortized on a yearly basis per SBA loan rules  Would have been $346,428.08  with a new monthly payment of $3,413.18 beginning on January 6, 2010!

 

Amortization table for $374,635.32 borrowed on Dec 06, 2008

Month / Year

Payment 

Principal 
Paid      

Interest 
Paid     

Total  
Interest 

Balance 

Jan. 2009

$4,121.06 

$2,247.88 

$1,873.18 

$1,873.18 

$372,387.44 

Feb. 2009

$4,121.06 

$2,259.12 

$1,861.94 

$3,735.11 

$370,128.32 

Mar. 2009

$4,121.06 

$2,270.41 

$1,850.64 

$5,585.76 

$367,857.91 

April 2009

$4,121.06 

$2,281.77 

$1,839.29 

$7,425.04 

$365,576.14 

May 2009

$4,121.06 

$2,293.17 

$1,827.88 

$9,252.93 

$363,282.97 

June 2009

$4,121.06 

$2,304.64 

$1,816.41 

$11,069.34 

$360,978.33 

July 2009

$4,121.06 

$2,316.16 

$1,804.89 

$12,874.23 

$358,662.16 

Aug. 2009

$4,121.06 

$2,327.74 

$1,793.31 

$14,667.54 

$356,334.42 

Sept. 2009

$4,121.06 

$2,339.38 

$1,781.67 

$16,449.22 

$353,995.04 

Oct. 2009

$4,594.70 

$2,824.72 

$1,769.98 

$18,219.19 

$351,170.32 

Nov. 2009

$4,121.06 

$2,365.20 

$1,755.85 

$19,975.04 

$348,805.11 

Dec. 2009

$4,121.06 

$2,377.03 

$1,744.03 

$21,719.07 

$346,428.08 

Jan. 2010

$4,121.06 

$2,388.91 

$1,732.14 

$23,451.21 

$344,039.17 

 


Santa Barbara Bank & Trust in their mistakes in ignoring the SBA Rules “re-amortized on a yearly basis per SBA loan rules As noted by Robert Forouzandeh on November 23, 2011 would have reduced the SBA loan payment down by $700.88 on January 6, 2011 if Santa Barbara Bank & Trust had followed the SBA loan rules As noted by Robert Forouzandeh on November 23, 2011.  The Santa Barbara Bank & Trust loan payment for Oceano Nursery on January 6, 2010 would have been $3,413.18 and the deferred payments that Santa Barbara Bank & Trust has claimed owed to SBBT would still be owed!

Loan Summary

Principal:

$346428.08

Interest Rate:

6%

Loan Term:

142 months

Number of Payments:

142

Monthly Payment:

$3,413.18

Total Principal Paid:

$346,428.08

Total Interest Paid:

$138,244.00

Total Paid:

$484,672.08

 

 

Diana Jessup Lee, I ask that Santa Barbara Bank & Trust rescind the May 19, 2011 Notice of Default and that we again go back into Mediation to work this matter out.  I believe that the Oceano Nursery SBA Loan Payment should be at $3,413.18 at 6%. However 17 months needs to be added to this figure. 

 

Diana Jessup Lee, Is this the figure above, that Santa Barbara Bank & Trusts Computers have come up with or should the SBA Loan be at $346,428.08 at 5.25%, with a payment of $3,693.52?   This figure is in line with the October 28, 2011 Notice of Default presented to Judge Robin L. Riblet  by Santa Barbara Bank & Trust.  The two payments received by Santa Barbara Bank & Trust of $4,121.06 in October and November per the (Payment Notice) have been overpaid as accounted for below and acknowledged by Robert Forouzandeh, with his November 23, 2011 email: The $390,996.91 was calculated using the fixed interest rate of 6% set forth in the Forbearance Agreement.  Due to your default of the Forbearance Agreement, the Forbearance Agreement was rescinded (as permitted by its terms) and the principal amount of the loan was re-calculated and re-amortized going back to the date of the Forbearance Agreement using the interest rate of Prime + 2% (as required in your original loan) for the time period between the date of the Forbearance Agreement and the date of the Proof of Claim with the loan being re-amortized on a yearly basis per SBA loan rules

Loan Summary

Principal:

$346428.08

Interest Rate:

5.25%

Loan Term:

121 months

Number of Payments:

121

Monthly Payment:

$3,693.52

Total Principal Paid:

$346,428.08

Total Interest Paid:

$100,487.69

Total Paid:

$446,915.77

 

Amortization table for $346,428.08 borrowed on Sep 06, 2011

Month / Year

Payment 

Principal 
Paid      

Interest 
Paid     

Total  
Interest 

Balance 

Oct. 2011

$3,693.52 

$2,177.90 

$1,515.62 

$1,515.62 

$344,250.18 

Nov. 2011

$3,693.52 

$2,187.42 

$1,506.09 

$3,021.72 

$342,062.76 

 


Diana Jessup Lee, in evaluating the mistakes that have been made by Santa Barbara Bank & Trust and the SBBT Proof of Claim to Judge Robin L. Riblet, against the August 29, 2011 SBA Form 1149 presented by Santa Barbara Bank & Trust, to the United States Small Business Administration.  Please immediately provide the Computerized; November and December 2011 (Payment Notices) as has been requested of Santa Barbara Bank & Trust!

 

The $45,171.20 in deferred and defaulted payments or the January 14, 2011 NOD 10 Deferred 10/2006 - 7/2007 $37,801.09 Payments.  I now see was, not supposed to have been removed from the beginning of the forbearance agreement.  This is why Santa Barbara Bank & Trust has made this mistake in the May 19, 2011 NOD and the October 28, 2011 (Proof of Claim) to Judge Robin L. Riblet.

 

Diana Jessup Lee, I ask that Santa Barbara Bank & Trust rescind the May 19, 2011 Notice of Default and that we again go back into Mediation to work this matter out.  Santa Barbara Bank & Trust did not have to push my businesses into Bankruptcy with the Santa Barbara Bank & Trust Amortization Schedule mistakes as now acknowledged by Robert Forouzandeh, with his November 23, 2011 email:

 

Sincerely

 

Bill Bookout

 

CC  KEYT 3 On Your Side CJ Ward

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

CC Barry A. Cappello Lender Liability

CC Chris Gautschi [sanschromo@yahoo.com]

CC San Luis Obispo District Attorney

CC San Luis Obispo Police Department Case # 111108022

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

CC Sandra Mazzoni Office of Inspector General OIG complaint ID # 20110484—20120076

 

On November 30, 2011 Robert Forouzandeh, States: “Your client is asking what his December 2011 payment to Santa Barbara Bank and Trust ("SBBT") should be.  I would direct his attention to the Proof of Claim filed by SBBT in Mr. Bookout's bankruptcy proceeding, which states that Mr. Bookout's post-petition payments to Santa Barbara Bank & Trust should be $4,077.32. 

 

On November 23, 2011 Robert Forouzandeh, States: “The $390,996.91 balance appears on SBBT's online account access for your loan because that system has not been updated to rescind the terms of the Forbearance Agreement and has accordingly not re-calculated or re-amortized your loan based on the original loan terms.

 

On November 18, 2011 Robert Forouzandeh, States:  “I deny each and every one of the false allegations that you have set forth in your email below.  There is nothing deficient about the May 19, 2011 NOD.  Santa Barbara Bank and Trust will not rescind it.  We have reviewed all of the information pertaining to this NOD and it is valid.



From: Pismobeachdiveshop@charter.net
To: sandra.mazzoni@sba.gov
CC: lisa.babcock@sba.gov; adam.kaplan@sba.gov; FOIA@sba.gov; pismobeachsurfshop@hotmail.com; lisa.babcock@sba.gov; Senator.Blakeslee@senate.ca.gov; Senator.Alquist@senate.ca.gov; Senator.Anderson@senate.ca.gov; Senator.Berryhill@senate.ca.gov; Senator.Blakeslee@senate.ca.gov; Senator.Calderon@senate.ca.gov; Senator.Cannella@senate.ca.gov; Senator.Corbett@senate.ca.gov; Senator.Correa@senate.ca.gov; =?iso-8859-1?Q?'Senator.DeLe=F3n@senate.ca.gov'?=; Senator.DeSaulnier@senate.ca.gov; Senator.Dutton@senate.ca.gov; Senator.Emmerson@senate.ca.gov; Senator.Evans@senate.ca.gov; Senator.Fuller@senate.ca.gov; Senator.Gaines@senate.ca.gov; Senator.Hancock@senate.ca.gov; Senator.Harman@senate.ca.gov; Senator.Hernandez@senate.ca.gov; Senator.Huff@senate.ca.gov; Senator.Kehoe@senate.ca.gov; Senator.LaMalfa@senate.ca.gov; Senator.Leno@senate.ca.gov; Senator.Lieu@senate.ca.gov; Senator.Liu@senate.ca.gov; Senator.Lowenthal@senate.ca.gov; Senator.McLeod@senate.ca.gov; Senator.Padilla@senate.ca.gov; Senator.Pavley@senate.ca.gov; Senator.Price@senate.ca.gov; Senator.Rubio@senate.ca.gov; Senator.Runner@senate.ca.gov; Senator.Simitian@senate.ca.gov; Senator.Steinberg@senate.ca.gov; Senator.Strickland@senate.ca.gov; Senator.Vargas@senate.ca.gov; Senator.Walters@senate.ca.gov; Senator.Wolk@senate.ca.gov; Senator.Wright@senate.ca.gov; Senator.Wyland@senate.ca.gov; Senator.Yee@senate.ca.gov; adam.kaplan@sba.gov; OIGHotline@sba.gov; legal@fdic.gov; ombudsman@fdic.gov; ombudsman@sba.gov; lisa.cookie@sba.gov; jill.hobby@sba.gov; hardy.slay@sba.gov; Hien.Nguyen@sba.gov; Graciela.Gatell@sba.gov; cynthia.pope@sba.gov; Grady.Hedgespeth@sba.gov; david.fishman@sba.gov; glenn.harris@sba.gov; Martin.Gold@sba.gov; Darphus.O'Neal@sba.gov; richard.taylor@sba.gov; pbrinks@cappellonoel.com; velie@calcoastnews.com; tweber@thetribunenews.com; bmcewen@fresnobee.com; sduerr@thetribunenews.com; Assemblymember.John.Perez@assembly.ca.gov; cschur@santamariatimes.com; consumer@dfi.ca.gov; guyblume@hotmail.com; lol@rsmediate.com; rmiller@newtimesslo.com; cj.ward@keyt.com; carlos.mendoza@sba.gov; terrill.ashker@sba.gov; jill.hobby@sba.gov; Hien.Nguyen@sba.gov
Subject: RE: Santa Barbara Bank & Trust Loan Fraud and Breach of Contract SBA PLP Loan # 664-196-4009
Date: Sat, 3 Dec 2011 16:57:48 -0800

December 3, 2011

 

Sandra Mazzoni, Senior Special Agent

U.S. Small Business Administration

Office of Inspector General

 

Dear Mrs. Mazzoni

 

Thank you, for contacting me about Santa Barbara Bank & Trusts Fraud and Breach of Contract and that the Office of Inspector General is now starting to investigate Santa Barbara Bank & Trust.  Attached below is my most recent email with Santa Barbara Bank & Trust.  The SBA should be fully aware of all the facts as the News Media attached is now fully aware as seen at www.sbaplploans.com and www.governorjerrybrown.net All PDF files are seen on these websites two websites

 

In asking Santa Barbara Bank & Trust, Banking questions they have filed a (Restraining Order) in that I can only communicate with their Attorneys and their Mediator Lol Sorensen.  Mr. Sorensen Mediated an April 2011 Mediation, with Santa Barbara Bank & Trust.  From this Mediation Santa Barbara Bank & Trust provided an amortization schedule claiming $45,171.20 not owed SBBT against the SBBT August 29, 2011 SBA Form 1149.  Please review the Santa Barbara Bank & Trust falsified online accounting below showing this fraud!

 

Attached, above are California State Senators, that now need to have full knowledge of Santa Barbara Bank & Trusts fraudulent SBA loan actions since the August 29, 2003 SBA Loan Authorization!

 

Please see email communication below with Santa Barbara Bank & Trust.  In January 2011 with a prior falsified NOD filed claiming $37,801.09 against the SBBT August 29, 2011 SBA Form 1149 not owed Santa Barbara Bank & Trust since the 2007 Forbearance and Workout Agreement.

 

Attached above is a PDF file showing the U.S. Small Business Administration Office of Inspector General; the Fraudulent, actions by Santa Barbara Bank & Trust/FBSLO in the Second position SBBT has taken on the 470 Price Street property in Pismo Beach!

 

1)       Santa Barbara Bank & Trust Fraudulently changed out the middle of the August 29, 2003 SBA Loan Authorization per Page 5 and included the Pismo Beach Gas Station Property without doing Environmental per SBA Requirements!

2)       The October 6, 2003 signed (Loan Agreement) refers to the original August 29, 2003 SBA Loan Authorization.  This Authorization only shows a DBA of Oceano Nursery and not the businesses at Pismo Beach.

3)       Santa Barbara Bank & Trust has prepared two (SBA Loan Analysis Presentations) The First is Dated August 20, 2003, just prior to the August 29, 2003 Signed SBA Loan Authorization!  The Second and changed (SBA Loan Analysis Presentation) is dated (Revised October 1, 2003) in which Santa Barbara Bank & Trust is now taking a Second on the 470 Price Street property!  Santa Barbara Bank & Trust in this Fraudulent SBA Loan action chose not to pay off the hard money Balloon Payment on the 470 Price Street property!

4)       Santa Barbara Bank & Trust filled out a SBA Loan Checklist showing only environmental for the Oceano Nursery Property!  In this Checklist is only the Oceano Nursery property required for the (Preliminary title report on all properties pledged) The 470 Price Street property was not pledged for the Oceano Nursery SBA Loan!  Mortgage Statements requested are only for the Oceano Nursery property and not the 470 Price Street property!  (Explanation of Derogatory or Delinquent entries) requested and provided show business debts on the 631 Lake Street House associated with the 470 Price Street property!  Santa Barbara Bank & Trust in the 2007 Forbearance Agreement attached required to be placed in a second position on the 631 Business borrowed property and then would not allow the selling of this property in 2010 to pay back Santa Barbara Bank & Trust $10,000.00!

5)       Santa Barbara Bank & Trust falsified August 21, 2003 Field Visit Report only showing the Oceano Nursery property!  Notice the SBA PLP 664-196-4009 loan # 15899 on this document!  The SBA did not approve the SBA Loan until August 29, 2003!  This is very Fraudulent!  The SBA FOIA has refused to provide the documents that went with the making of this Field Visit!

6)       Santa Barbara Bank & Trust has prepared two different (Loan Committee Presentation Reports)  One on August 27, 2003 just before the August 29, 2003 SBA Loan Authorization for only the Oceano Nursery Property!  The next (Loan Committee Presentation Report) is dated on October 1, 2003 ignoring the August 29, 2003 SBA Loan Authorization by calling this a (Collateral Modification) and adding the 470 Price Street property as a second without baying off the Balloon payment on the 470 Price Street First!

7)       Santa Barbara Bank & Trust has made tow different (U.S. Small Business Administration Schedule Of Collateral Exhibit A)’s the First only shows the Oceano Nursery Property and the Second Shows the 470 Price Street property and the Oceano Nursery Property!  The Second one shows the Balloon Payment Lien on the 470 Price Street Property!

8)       Santa Barbara Bank & Trust in the Second Field Visit Report on February 13, 2006 now includes the 470 Price Street property!

9)       Santa Barbara Bank & Trust (Lender Checklist for Submitting PLP Loan Requests) is only for the Oceano Nursery property dated August 28, 2003!  The SBA Loan Application Approval dated August 29, 2003 from Rosa Walton is only for the Oceano Nursery property showing the Fraudulent actions by Santa Barbara Bank & Trust/FBSLO!  The SBA Guaranty FEE of $8,437.50 now needs to be returned by the SBA!

10)   Santa Barbara Bank & Trust July 24, 2003 (SBA Credit Analyst) only shows the Oceano Nursery property!  Santa Barbara Bank & Trust asks questions about the 631 Lake Street property, that are answered showing the Hacienda Bank Business Loan On this property!  Please look back to the (SBA Loan Analysis Presentation) dated October 1, 2003 to see the Fraudulent changes made to this new (SBA Loan Analysis Presentation)!

11)   The September 16, 2003 and September 23, 2003 insurance requests for Oceano Nursery do not include the 470 Price Street as Santa Barbara Bank & Trust would later falsify the August 29, 2003 SBA Loan Authorization!  Notice the October 1, 2003 request to ad the 470 Price Street property to the Insurance against the Original August 29, 2003 SBA Loan Authorization!

12)   Santa Barbara Bank & Trust was asked on the December 4, 2004 letter attached to refinance the 470 Price Street Pismo Beach Property with the High interest! Santa Barbara Bank & Trust was asked on January 18, 2005 to refinance the 470 Price Street property.  In January 20, 2005 Santa Barbara Bank & Trust makes a Memorandum with comments!  In the March 21, 2005 letter, Santa Barbara Bank & Trust has knowledge that request to refinance have been denied due to the (SBA Second Lien Position On Collateral) taken fraudulently by Santa Barbara Bank & Trust!  A note is written at the bottom of this letter by Santa Barbara Bank & Trust expecting the SBA loaned Oceano Nursery property to be sold to pay back the SBA loan!  Santa Barbara Bank & Trust in their July 14, 2005 Memorandum without refinancing the 470 Price Street property is willing to allow a hard money loan to take go into a second positions to make payments to Santa Barbara Bank & Trust!  How could the SBA Allow this type of lending?  Notice the July 22, 2005 payment to Santa Barbara Bank & Trust/FBSLO of $15,233.18

13)   Santa Barbara Bank & Trust in the June 30, 2007 Forbearance and workout agreement attached shows their requirement for the 631 Lake Street House.  The equity borrowed from this house prior to the SBA loan had been used for the Pismo Business with Hacienda Bank! 

14)   Santa Barbara Bank & Trust in this forbearance, agreement required all proceeds from Inverse Condemnation per their 2007 forbearance agreement!

15)   Santa Barbara Bank & Trust required on Page 4 of the 2003 Deed of Trust to fight inverse condemnation as was required with the Oceano Nursery SBA loan

 

 

The United States Small Business Administrations help is needed with the SBA Loan, Bank Fraud that has taken place since 2003 with this SBA Loan and documents switched out from the Original SBA Loan Authorization dated August 29, 2003.  All Santa Barbara Bank & Trust documents are seen on these websites:

 

www.sbaquestions.net

www.sbaplploans.com

www.santabarbarabankandtrust.co

www.pacificcapitalbank.co

www.californiasba.com

www.occquestions.com

www.governorjerrybrown.net

 

It is my hopes through these websites to see that the SBA Loan Banking Fraud by Santa Barbara Bank & Trust since 2003 comes to an end and that I am able to re-open the Oceano Nursery business that Santa Barbara Bank & Trust was responsible for closing!  The most current website for documentation is www.sbaplploans.com Santa Barbara Bank & Trust as we have talked about need to be immediately removed from the Fraudulent Second on the 470 Price Street property!

 

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

 

Sincerely

 

Bill Bookout

 

CC  KEYT 3 On Your Side CJ Ward


From: Mazzoni, Sandra E. (Off. Inspector Gen.) [mailto:sandra.mazzoni@sba.gov]
Sent: Friday, December 02, 2011 11:55 AM
To: Pismobeachdiveshop@charter.net
Subject: info

 

Mr. Bookout,

 

Please give me a call at your earliest convenience.  Number noted below.  Thanks.

 

Sandra Mazzoni, Senior Special Agent

Western Regional Office

U.S. Small Business Administration

Office of Inspector General

330 N. Brand Blvd., Suite 850

Glendale, CA 91203

818-552-3240

818-552-3358 (office fax)

202-481-5473 (email fax)

sandra.mazzoni@sba.gov (email) 

 

 


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

 

December 2, 2011

 

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

 

Diana Jessup Lee, California State Bar # 155191

Robert Forouzandeh, California State Bar # 247177

Reicker, Pfau, Pyle & McRoy LLP                                          

1421 State Street, Suite B

Santa Barbara, CA  93101

 

Mr. Robert Forouzandeh and Diana Jessup Lee,

Santa Barbara Bank & Trust Board of Directors

 

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

 

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

 

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

 

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

 

Date

Description

Category

Debit

Credit

Balance

11/4/2011

EFF 11/03/2011

 

 

$4,121.06

$390,996.91

10/11/2011

Regular Payment

 

 

$4,121.06

$390,996.91

9/16/2011

Automatic

 

$206.05

 

$390,996.91

8/30/2011

Review Fee

 

$650.00

 

$390,996.91

8/30/2011

Commercial Appraisal Fee

 

$4,000.00

 

$390,996.91

8/30/2011

Review fee

 

$650.00

 

$390,996.91

8/30/2011

Commercial Appraisal

 

$3,500.00

 

$390,996.91

8/16/2011

Automatic

 

$206.05

 

$390,996.91

7/18/2011

Automatic

 

$206.05

 

$390,996.91

6/23/2011

Legal Fee

 

$25.00

 

$390,996.91

6/16/2011

Automatic

 

$206.05

 

$390,996.91

5/24/2011

Legal Fee

 

$575.00

 

$390,996.91

5/16/2011

Automatic

 

$206.05

 

$390,996.91

4/18/2011

Automatic

 

$206.05

 

$390,996.91

4/8/2011

EFF 03/23/2011 Legal Fee Inv #30117

 

$2,150.00

 

$390,996.91

3/16/2011

Automatic

 

$206.05

 

$390,996.91

3/9/2011

Foreclose Fee-470 Price St

 

$1,490.24

 

$390,996.91

3/9/2011

Foreclose Fee - 1141 Paso Robles St

 

$948.00

 

$390,996.91

2/24/2011

Legal Fee Inv 29941 dated 2/9/11

 

$2,408.00

 

$390,996.91

2/16/2011

Automatic

 

$206.05

 

$390,996.91

2/1/2011

Legal Fee Inv#29816 Dtd 1/10/11

 

$2,218.71

 

$390,996.91

1/18/2011

Automatic

 

$206.05

 

$390,996.91

12/16/2010

Automatic

 

$206.05

 

$390,996.91

11/16/2010

Automatic

 

$206.05

 

$390,996.91

10/18/2010

Automatic

 

$206.05

 

$390,996.91

9/17/2010

Collateral Ecaluation Fee

 

$900.00

 

$390,996.91

9/17/2010

Appraisal Fee

 

$2,800.00

 

$390,996.91

9/16/2010

Automatic

 

$206.05

 

$390,996.91

8/16/2010

Automatic

 

$206.05

 

$390,996.91

7/16/2010

Automatic

 

$206.05

 

$390,996.91

7/15/2010

SFR Appraisal Fee

 

$350.00

 

$390,996.91

6/16/2010

Automatic

 

$206.05

 

$390,996.91

6/3/2010

UCC Search Fee

 

$15.50

 

$390,996.91

5/17/2010

Automatic

 

$206.05

 

$390,996.91

4/16/2010

Automatic

 

$206.05

 

$390,996.91

3/16/2010

Automatic

 

$206.05

 

$390,996.91

3/8/2010

Legal Fee

 

$50.00

 

$390,996.91

2/16/2010

Automatic

 

$206.05

 

$390,996.91

1/19/2010

Automatic

 

$206.05

 

$390,996.91

12/31/2009

Regular Payment

 

 

$4,121.06

$390,996.91

12/16/2009

Automatic

 

$206.05

 

$392,024.73

11/13/2009

Late Charge Payment

 

 

$0.94

$392,024.73

11/13/2009

Regular Payment

 

 

$4,121.06

$392,024.73

 

 

 

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

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


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

 

Dear Mrs. Sheffield,

 

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

 

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

 

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

 

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

 

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

 

Thanks

 

Bill Bookout

Pismo Beach Surf Shop

 

 

 

 

 

 

 

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SBA Term Loan

Account Name:

SBA Term Loan

Account #:

xxxxxx3501

Principal Balance:

$390,996.91

Interest Rate:

6%

Interest Accrued:

$14,782.90

Payment Due Date:

1/6/2010

Payment Due:

$4,121.06

Late Charges Due:

$4,240.81

Fees Due:

$0.00

Open Date:

10/10/2003

Original Loan Amount:

$450,000.00

Maturity Date:

10/6/2021

Interest Paid YTD:

$0.00

Interest Paid Last Year:

$26,024.21

 

 

 

 

 

 

 

 

 

 

 

?                                  

 

 

 

 

Date

Description

Category

Debit

Credit

Balance

8/16/2010

Automatic

 

$206.05

 

$390,996.91

7/16/2010

Automatic

 

$206.05

 

$390,996.91

7/15/2010

SFR Appraisal Fee

 

$350.00

 

$390,996.91

6/16/2010

Automatic

 

$206.05

 

$390,996.91

6/3/2010

UCC Search Fee

 

$15.50

 

$390,996.91

5/17/2010

Automatic

 

$206.05

 

$390,996.91

4/16/2010

Automatic

 

$206.05

 

$390,996.91

3/16/2010

Automatic

 

$206.05

 

$390,996.91

3/8/2010

Legal Fee

 

$50.00

 

$390,996.91

2/16/2010

Automatic

 

$206.05

 

$390,996.91

1/19/2010

Automatic

 

$206.05

 

$390,996.91

12/31/2009

Regular Payment

 

 

$4,121.06

$390,996.91

12/16/2009

Automatic

 

$206.05

 

$392,024.73

11/13/2009

Late Charge Payment

 

 

$0.94

$392,024.73

11/13/2009

Regular Payment

 

 

$4,121.06

$392,024.73

10/5/2009

Regular Payment

 

 

$4,121.06

$393,622.29

10/5/2009

Late Charge Payment

 

 

$78.94

$395,532.71

9/1/2009

Regular Payment

 

 

$4,121.06

$395,532.71

9/1/2009

Late Charge Payment

 

 

$78.94

$395,686.06

7/2/2009

Late Charge Payment

 

 

$78.94

$395,686.06

7/2/2009

Regular Payment

 

 

$4,121.06

$395,686.06

6/30/2009

Regular Payment

 

 

$4,121.06

$399,675.72

6/30/2009

Late Charge Payment

 

 

$78.94

$402,473.58

6/10/2009

Regular Payment

 

 

$4,121.06

$402,473.58

5/11/2009

Late Charge Payment

 

 

$78.94

$404,599.36

5/11/2009

Regular Payment

 

 

$4,121.06

$404,599.36

4/21/2009

Late Charge Payment

 

 

$78.94

$407,381.08

4/21/2009

Regular Payment

 

 

$4,121.06

$407,381.08

4/16/2009

Automatic

 

$206.05

 

$410,624.64

4/9/2009

EFF 04/08/2009

 

 

$4,121.06

$410,624.64

4/9/2009

EFF 04/08/2009

 

 

$78.94

$412,710.42

4/9/2009

EFF 04/08/2009

 

$4,200.00

 

$412,710.42

4/8/2009

Regular Payment

 

 

$4,200.00

$410,545.70

3/16/2009

Automatic

 

$206.05

 

$412,710.42

3/10/2009

EFF 03/09/2009

 

 

$4,121.06

$412,710.42

3/10/2009

EFF 03/09/2009

 

 

$78.94

$413,029.35

2/17/2009

Automatic

 

$206.05

 

$413,029.35

1/14/2009

EFF 01/12/2009

 

 

$4,121.06

$413,029.35

1/14/2009

EFF 01/12/2009

 

 

$78.94

$414,425.42

12/3/2008

Regular Payment

 

 

$4,121.06

$414,425.42

12/3/2008

Late Charge Payment

 

 

$78.94

$416,492.54

11/4/2008

EFF 11/03/2008

 

 

$4,121.06

$416,492.54

11/4/2008

EFF 11/03/2008

 

 

$78.94

$418,354.34

9/30/2008

Interest Payment - No Date

 

 

$78.94

$418,354.34

9/30/2008

Regular Payment

 

 

$4,121.06

$418,354.34

9/2/2008

Interest Payment - No Date

 

 

$78.94

$420,024.30

9/2/2008

Regular Payment

 

 

$4,121.06

$420,024.30

7/31/2008

EFF 07/30/2008

 

 

$78.94

$420,024.30

7/31/2008

EFF 07/30/2008

 

 

$4,121.06

$420,024.30

 

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

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

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

 

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

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

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

 

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

 

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

 

Sincerely

 

Bill Bookout

 

CC  KEYT 3 On Your Side CJ Ward

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

CC Barry A. Cappello Lender Liability

CC Chris Gautschi [sanschromo@yahoo.com]

CC San Luis Obispo District Attorney

CC San Luis Obispo Police Department Case # 111108022

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

 


From: Bill Bookout [mailto:Pismobeachdiveshop@charter.net]
Sent: Thursday, December 01, 2011 11:23 AM
To: 'Robert Forouzandeh'
Cc: 'Karen Grant'; 'Mary Jo Barbeau'; 'Richard Rossi'; 'Chris Gautschi'; 'Diana Lee'; 'Kaplan, Adam D.(Off. Inspector Gen.)'; 'danhil@charter.net'; 'Bob Johnston'; 'Ashker, Terrill K.'; 'Thomas Cregger'; 'carlos.mendoza@sba.gov'; 'Hobby, Jill C.'; 'Koznek, Jeff'; 'lol@rsmediate.com'; 'rmiller@newtimesslo.com'; 'econnolly@newtimesslo.com'; 'crigley@newtimesslo.com'; 'ctrimble@pismobeach.org'; 'velie@calcoastnews.com'
Subject: RE: Santa Barbara Bank & Trust Loan Fraud and Breach of Contract SBA PLP Loan # 664-196-4009

 

December 1, 2011

 

Santa Barbara Bank & Trust

Diana Jessup Lee, California State Bar # 155191

Robert Forouzandeh, California State Bar # 247177

Reicker, Pfau, Pyle & McRoy LLP                                          

1421 State Street, Suite B

Santa Barbara, CA  93101

 

Mr. Robert Forouzandeh and Diana Jessup Lee,

 

From Santa Barbara Bank & Trusts email of November 30, 2011:  Please provide a full amortization schedule/accounting for Santa Barbara Bank & Trust October 28, 2011 principal balance changes for Bill Bookout and Judge Robin L. Riblet by December 3, 2011.

 

Please see that Santa Barbara Bank & Trust immediately returns the $7,657.00 overcharged by Santa Barbara Bank & Trust per the 2007 forbearance agreement mistakes made by Santa Barbara Bank & Trust against SBA Form 147 Note that Santa Barbara Bank & Trust has now acknowledged on November 30, 2011!

 

Please explain to the News Media attached as to why Santa Barbara Bank & Trust would cause Oceano Nursery to have to go out of business in 2007?  Please explain as to why Santa Barbara Bank & Trust required Oceano Nursery to fight the Inverse Condemnation in the Deed of Trust and the 2007 Forbearance and Workout Agreement?

 

Why would Santa Barbara Bank & Trust falsify the 2003 SBA Loan Authorization as seen at www.sbaplploans.com

 

Again, Please provide a full accounting of my SBA Loan from the 2007 forbearance and workout agreement; amortization as Santa Barbara Bank & Trust has again changed their banking documents, per Robert Forouzandeh and Diana Jessup Lees May 6, and May 19, 2011 letters and the two May 5, 2011 amortization schedules! 

 

This Fraud committed by Santa Barbara Bank & Trust is now fully known to the San Luis Obispo News Media!  All of Santa Barbara Bank & Trust emails are seen at www.sbaplploans.com for easy reading!  KEYT 3 On Your Side has received a copy of the November 30, 2011 email response to Karen L. Grant below from Santa Barbara Bank & Trusts email on November 30, 2011!

 

Please see that Santa Barbara Bank & Trust refunds the $5,200.00 --2006 Principal Stolen by Santa Barbara Bank & Trust from the principal per the two May 5, 2011 amortization schedules prepared by Santa Barbara Bank & Trust! These falsified schedules are seen at www.santabarbarabankandtrust.co

 

Please explain as to why Santa Barbara Bank & Trust has eliminated the online loan accounting of the Oceano Nursery SBA Loan?

 

Santa Barbara Bank & Trust falsified the 2007 Phase 1 reports as seen at www.santabarbarabankandtrust.co Please refund the $3,900.00 for these falsified Phase 1 reports paid for from the 2007 Oceano Nursery business working capital in 2007!

 

Please see that Santa Barbara Bank & Trust returns the $1,953.45 in attorney fees overcharged by Santa Barbara Bank & Trust in 2007, against the 2007 Oceano Nursery--Forbearance & Workout agreement!

 

Robert Forouzandeh and Diana Jessup Lee, Please explain this August 2, 2011 email statement to Judge Robin L, Riblet for the December 16, 2011 hearing!  Explain as to how the $45,171.20 was added to the May 19, 2011 Notice of Default by Santa Barbara Bank & Trust?  The July 27, 2011 statement sent from Santa Barbara Bank and Trust does not include the amounts owed by you for the deferred payments under the Forbearance Agreement.  When you breached the Forbearance Agreement by going into default on your loan, pursuant to contract, the deferred payments were accelerated and due in full immediately.  Accordingly, they were added to the notice of default amount.  Nonetheless, as a token of good faith, if you pay the amount set forth on the July 27, 2011 statement ($102,859.01), Santa Barbara Bank and Trust will accept this as a complete cure of your default on your loan which is now in its 21st month.” 

 

Robert Forouzandeh and Diana Jessup Lee, Again, please provide the Santa Barbara Bank & Trust loan statements for November and December 2011!  Santa Barbara Bank & Trusts November 30, 2011 Statement is not acceptable!  Your client is asking what his December 2011 payment to Santa Barbara Bank and Trust ("SBBT") should be.  I would direct his attention to the Proof of Claim filed by SBBT in Mr. Bookout's bankruptcy proceeding, which states that Mr. Bookout's post-petition payments to Santa Barbara Bank & Trust should be $4,077.32.  This amount is based on the recalculated principal balance of $400,962.89 which was determined as a result of Mr. Bookout's pre-petition default of the Forbearance Agreement (which had a fixed interest rate of 6%) resulting in the termination of the interest rate afforded under the Forbearance Agreement.  I have explained this re-calculation process to your client on several occasions.”

 

Robert Forouzandeh and Diana Jessup Lee, Please explain as to why Santa Barbara Bank & Trust would not let the 631 Lake Street House be sold for a profit of $10,000.00 in 2010?  Santa Barbara Bank & Trust in the 2007 forbearance and workout agreement that Robert Forouzandeh has now acknowledged being broken by Santa Barbara Bank & Trust should have never, have taken a second on this house used for business debts from Santa Barbara Bank & Trusts fraudulent SBA Loan Authorization actions in 2003, as seen at www.sbaplploans.com !

 

Robert Forouzandeh and Diana Jessup Lee, This is again a Written Demand Letter of Santa Barbara Bank & Trust to Rescind the Fraudulent NOD filed on May 19, 2011 on the Oceano Nursery property and the Pismo Beach Property by December 6, 2011! 

Please let the Santa Barbara Bank & Trust Board of Directors George Leis, Gerald J. Ford, Carl B. Webb, Richard A. Nightingale, John R. Mackall, Mark K. Olson, D. Vernon Horton, William R. Loomis, Edward E. Birch, Kathy J. Odell, Clayton C. Larson, Gordon J. Wahlgren and Mary Mascolo; Make this Santa Barbara Bank & Trust, banking decision after reviewing the documents at www.santabarbarabankandtrust.co and Robert Forouzandeh’s most recent email communication on November 30, 2011 and November 23, 2011 at www.sbaplploans.com  

 

Sincerely

 

Bill Bookout

 

CC  KEYT 3 On Your Side

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

CC Barry A. Cappello Lender Liability

CC Chris Gautschi [sanschromo@yahoo.com]

CC San Luis Obispo District Attorney

CC San Luis Obispo Police Department Case # 111108022

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

 


From: Bill Bookout [mailto:Pismobeachdiveshop@charter.net]
Sent: Wednesday, November 30, 2011 3:12 PM
To: 'Karen Grant'
Cc: 'Mary Jo Barbeau'; 'Richard Rossi'; 'Chris Gautschi'; 'Diana Lee'; 'Robert Forouzandeh'; 'Kaplan, Adam D.(Off. Inspector Gen.)'; 'danhil@charter.net'; 'Bob Johnston'; 'Ashker, Terrill K.'; 'Thomas Cregger'; 'carlos.mendoza@sba.gov'; 'Hobby, Jill C.'; 'Koznek, Jeff'; 'lol@rsmediate.com'; 'rmiller@newtimesslo.com'; 'econnolly@newtimesslo.com'; 'crigley@newtimesslo.com'; 'ctrimble@pismobeach.org'; 'velie@calcoastnews.com'
Subject: RE: Santa Barbara Bank & Trust Loan Fraud and Breach of Contract SBA PLP Loan # 664-196-4009

 

November 30, 2011

 

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

 

Karen L. Grant

California State Bar # 122084

924 Anacapa Street, Ste 1M

Santa Barbara, Ca 93101

1-805-962-4413

 

Dear Mrs. Karen L. Grant,

 

Please provide a copy of this response to the Santa Barbara Bank & Trust Board of Directors attached above from Robert Forouzandeh’s November 30, 2011 email below! All documents and communication can be seen at www.sbaplploans.com

 

Santa Barbara Bank & Trust has still not provided a monthly loan payment statement for November and December 2011 with the changes mentioned by Robert Forouzandeh, in his November 23, 2011 email attached!  Santa Barbara Bank & Trust in the 2007 forbearance and workout agreement charged an improper amortized monthly payment of $4,121.06 instead of $3,880.20 per month affecting Oceano Nursery’s business income!

 

Robert Forouzandeh, has stated below on November 30, 2011. Your client is asking what his December 2011 payment to Santa Barbara Bank and Trust ("SBBT") should be.  I would direct his attention to the Proof of Claim filed by SBBT in Mr. Bookout's bankruptcy proceeding, which states that Mr. Bookout's post-petition payments to Santa Barbara Bank & Trust should be $4,077.32.  This amount is based on the recalculated principal balance of $400,962.89 which was determined as a result of Mr. Bookout's pre-petition default of the Forbearance Agreement (which had a fixed interest rate of 6%) resulting in the termination of the interest rate afforded under the Forbearance Agreement.  I have explained this re-calculation process to your client on several occasions.  In the May 5, 2011 Santa Barbara Bank & Trust amortization schedule attached, SBBT claimed that the payment in 2007 should have been $4,055.30 without paying any principal from the $22,274.46 five payments as seen attached and at www.sbaplploans.com

 

Karen L. Grant, Please request the proper Santa Barbara Bank & Trust December 2011 Statement from Santa Barbara Bank & Trust!  I am requesting that Judge Robin L. Riblet have a copy of the November and December 2011 Santa Barbara Bank & Trust (Payment Notices), once they have been prepared by Santa Barbara Bank & Trust!  Santa Barbara Bank & Trust (Incorrect Interest Rate Adjustments) needs to be reviewed by Judge Robin L. Riblet along with the (Misapplied Payments) since the 2007 forbearance & workout agreement as now put into question by Robert Forouzandeh. 

 

As explained below I have attached for Judge Robin L. Riblet, Santa Barbara Bank & Trusts online accounting from June 18, 2007 showing a balance owed in June of 2007 of $472,823.65 instead of the $487,469.96 claimed by Diana Jessup Lee in the amortization schedule she provided on May 6, 2011 and her May 19, 2011 letter attached.  Attached is the June 23, 2007 payment notice showing a balance owed $472,774.05 instead of the $487,469.96 claimed by Diana Jessup Lee as Mr. Forouzandeh, is still using undocumented accounting!  Please have Santa Barbara Bank & Trust explain as to why in the 2007 forbearance and workout agreement SBBT had not properly amortized the Oceano Nursery SBA Loan against SBA Form 147 Note?   Robert Forouzandeh, has stated below on November 30, 2011.  Please be advised that pursuant to the terms of Mr. Bookout's loan, the loan will be re-amortized as of January 2012.  Due to Mr. Bookout's long running default on this loan, upon re-amortization, the monthly payments will change.  Once the loan is re-amortized, I will provide you with the new payment amount which will be applicable for the entire 2012 calendar year.”

 

Santa Barbara Bank & Trust had the ability to properly amortize the Oceano Nursery SBA Loan in 2007 with the Forbearance Agreement.  This could have been done by Santa Barbara Bank & Trust taking the June 23, 2007 (Payment Notice) showing a Loan Balance of $420,024.30 plus the Previous Due of $52,749.75 added together totaling $472,774.05 and then subtracting the $22,274.46 bring a balance down to $450,499.59 and then subtracting the $5,200.00 of principal not accounted for by Santa Barbara Bank & Trust bringing the proper principal owed down to $445,299.59 with a August 1, 2007 monthly payment of $3,880.20 instead of the $4,121.06 charged against SBA Form 147 Note signed on October 6, 2003!  Santa Barbara Bank & Trust should not be allowed to make up fraudulent loan figures as presented by Robert Forouzandeh, again on November 30, 2011!

 

In 2007 Extra Principal Paid was $2,236.82.  The SBA loan should have been re amortized in 2007 and 2008 under terms per SBA Form 147 Note, as Mr. Forouzandeh, is claiming will be done in 2012!

In 2008 Extra Principal Paid was $631.52.   The SBA loan should have been re amortized in 2009 under terms per SBA Form 147 Note, as Mr. Forouzandeh, is claiming will be done in 2012!

In 2009 Extra Principal Paid was $473.64.  The SBA loan should have been re amortized in 2010 under terms per SBA Form 147 Note, as Mr. Forouzandeh, is claiming will be done in 2012!

 

Loan Summary Santa Barbara Bank & Trust

Principal:

$445299.59

Interest Rate:

6%

Loan Term:

171 months

Number of Payments:

171

Monthly Payment:

$3,880.20

Total Principal Paid:

$445,299.59

Total Interest Paid:

$218,214.93

Total Paid:

$663,514.52

 

Santa Barbara Bank & Trust online accounting as of November 20, 2011 showing a Principal Balance of $390,996.91 instead of the Proof of Claim presented to Judge Robin L. Riblet.  The Principal balance is not $400,962.89 claimed to Judge Robin J. Riblet.

 

Notice the Santa Barbara