California SBA Loan Bank Fraud! Santa Barbara Bank & Trust on August 29, 2003 obtained an SBA authorization for the Oceano Nursery SBA loan as seen and signed above by SBBT on August 29, 2003. The October 6, 2003 signed Loan Agreement shows this August 29, 2003 SBA Authorization. The August 27, 2003 Loan Committee Presentation Report shows the purpose of the Oceano Nursery SBA August 29, 2003 loan Authorization just prior to the contract between the SBA and Santa Barbara Bank & Trust.
Santa Barbara Bank & Trust Nees to Explain the Fraud that has been committed by Santa Barbara Bank & Trust in changing the SBA loan Authorization on October 1, 2003 in what is called a collateral Modification? Santa Barbara Bank & Trust does not have a legal right to be in the Second Position on the 470 Price Street property with this SBA Loan Fraud!
Santa Barbara Bank & Trust Fraud and Breach of Contract going back to 2003 with the full knowledge of the California SBA. The public can help by asking the questions below of the SBA known to the OIG and Grady Hedgespeth on October 1, 2011. Please review the following PDF documents showing Santa Barbara Bank & Trust Fraud and Breach of Contract.
ODIC Environmental PDF June 20, 2007 OIG Complaint #20110484 PDF
Santa Barbara Bank & Trust changing 2003 signed SBA Documents (SBA SBBT Fraud PDF) on the Oceano Nursery SBA Loan.
Grady Hedgespeth, Asso. Administrator for Financial Assistance,SBA Fraud PDF From: Bill Bookout [mailto:Pismobeachdiveshop@charter.net] November 23, 2011 Robert Forouzandeh State Bar # 247177 Diana Jessup Lee State Bar # 155191 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; Mr. Forouzandeh, Santa Barbara Bank & Trust, in 2007 immediately breached the 2007 Forbearance and Workout Agreement as seen in the May 6, 2011 and May 19, 2011 letters by Diana Jessup Lee! Please see the two different amortization schedules prepared by Santa Barbara Bank & Trust at www.sbbtfraud.com Santa Barbara Bank & Trust States on November 23, 2011. “Our response is as follows: The $390,996.91 was calculated using the fixed interest rate of 6% set forth in the Forbearance Agreement.” This fixed rate that Santa Barbara Bank & Trust is claiming has broken the 2007 Forbearance agreement by overcharging my SBA PLP Loan # 664-196-4009 by $240.86 as seen below! Santa Barbara Bank & Trust did not have a legal right to charge $4,121.06 per month against SBA Form 147 Noted signed with Santa Barbara Bank & Trust on October 6, 2003!
11/4/2011 $4,121.06 $390,996.91 10/11/2011 $4,121.06 $390,996.91 9/16/2011 $206.05 $390,996.91
Public records request of the U. S. Small Business Administration with Santa Barbara Bank & Trust Fraud in changing documents as seen in these two SBA Loan Analysis Presentationss PDF
Fresno SBA FOIA Request per Santa Barbara Bank & Trust Fraud & Breach of Contract. Sacramento SBA FOIA Freedom of Information ACT PDF
Questions asked of Santa Barbara Bank & Trust per the Oceano Nursery SBA PLP Loan # 664-196-4009 Santa Barbara Bank & Trust Amortization Documents
Sent: Wednesday, November 23, 2011 1:51 PM
To: 'Robert Forouzandeh'
Cc: 'Chris Gautschi'; 'Richard Rossi'; 'Diana Lee'; 'rmiller@newtimesslo.com'; 'crigley@newtimesslo.com'; 'lol@rsmediate.com'; 'Kaplan, Adam D.(Off. Inspector Gen.)'; 'Koznek, Jeff'; 'danhil@charter.net'; 'ajsantana@co.slo.ca.us'; 'dvallely@co.slo.ca.us'; 'Thomas Cregger'; 'Karen Grant'; 'Pamela Brinks'
Subject: RE: Santa Barbara Bank & Trust Loan Fraud and Breach of Contract SBA PLP Loan # 664-196-4009
Mr. Forouzandeh, Please explain as to why Santa Barbara Bank & Trust has stated to the U.S. Small Business Administration on August 29, 2011 that my principal Balance was $390,996.91 as you state: “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.”
In Regards to the Original Loan Terms, please explain as to why Santa Barbara Bank & Trust has ignored SBA Form 147 Note since the June 30, 2007 Forbearance and Workout Agreement?
Robert Forouzandeh State Bar # 247177; As you are my designated person; at Santa Barbara Bank & Trust to ask banking questions of. Can you explain as to why Santa Barbara Bank & Trust is charging my SBA loan $4,121.06 per month as seen online? This payment per SBA Form 147 Note should have been $3,880.20 per month!
Again, How did Santa Barbara Bank & Trust come up with a principal balance owed of $400,962.89 in their Proof of Claim for Judge Robin L. Riblet dated October 28, 2011?
Robert Forouzandeh State Bar # 247177 -- Santa Barbara Bank & Trust claims on 11/28/2011 that they are owed $45,171.20 in deferred and defaulted payments past due! Please explain as to how Santa Barbara Bank & Trust can claim this amount, when Santa Barbara Bank & Trust on September 30, 2008 informed the SBA. “In addition interest has been paid current and the loan is fully secured with real estate.” ???? Please explain this to myself and those attached above along with Judge Robin L. Riblet!
Robert Forouzandeh and Diana Jessup Lee, Please explain as to why the July 6, 2007 payment of $22,274.46 was not credited to any Principal as seen in the May 5, 2011 amortization schedule? Please explain as to why Santa Barbara Bank & Trust has stolen $5,200.00 in the 2007 forbearance agreement principal? Notice the Santa Barbara Bank & Trust Loan Payment History attached above showing the $22,274.46 five payments going to interest only and none to principal! What has Santa Barbara Bank & Trust done with my $5,200.00 in principal not applied to my Oceano Nursery SBA Loan in the 2007 forbearance agreement? This statement on June 19, 2011 by Diana Jessup Lee is unacceptable and false! “4. Your July 2007 payment of $22,274.46 was used "to pay the monthly principal and interest payments owing on Note for the earliest five monthly past due payments (May, 2006, June, 2006, July, 2006, August, 2006 and September, 2006)" exactly as stated in the Forbearance Agreement (emphasis added). This has been explained to you repeatedly. See my May 19, 2011 letter as well as the charts enclosed with my May 6, 2011 letter. I do not intend to continue repeating myself, so please do not keep asking this same question.”
Attached is the August 29, 2011 Lenders Transcript of Account showing only interest payments from 7/6/07—9/2/08 against the 2007 Forbearance Agreement (emphasis added). No Principal was paid from May 2006 to September 2006! Attached is the May 19, 2011 letter from Diana Jessup Lee per her June 29, 2011 email attached!
Attached is a July 16, 2008 OCC letter showing that Santa Barbara Bank & Trust, claim that the $22,274.46 is applied to Principal and Interest. Why would Santa Barbara Bank & Trust misapply this principal paid SBBT, from my Oceano Nursery SBA loan against the OCC‘s July 16, 2008 letter. Why would Santa Barbara Bank & Trust charge $1,953.45 in attorney fees as seen in this OCC letter from 6/30-9/30/2007 against the June 30, 2007 Forbearance And Workout Agreement?
Robert Forouzandeh and Diana Jessup Lee, Please explain the letter attached that was written by Diana Jessup Lee on May 19, 2011 claiming that on July 6, 2007 $487,469.96 was owed on the Oceano Nursery SBA loan before the five payments of $22,274.46 with Santa Barbara Bank & Trust just subtracting, interest bringing this loan down to $465,195.50 and stealing $5,200.00 of principal from Bill Bookout and Oceano Nursery? Robert Forouzandeh and Diana Jessup Lee, again I am asking Santa Barbara Bank & Trust to cancel the May 19, 2011 NOD filed on the Oceano Nursery property and the 470 Price Street property!
Robert Forouzandeh and Diana Jessup Lee, attached are a few emails from both of you claiming that Santa Barbara Bank & Trust paid principal on the $22,274.46 for the five payments per the forbearance agreement! Please explain to myself, Judge Robin L. Riblet, the San Luis Obispo District Attorney and the San Luis Obispo Police Department attached above as to what Santa Barbara Bank & Trust has done with this $5,200.00 of my principal paid towards my SBA loan in 2007? This principal paid does not show up in the SBA Form 1149 prepared by Santa Barbara Bank & Trust on August 29, 2011. The deferred payments claimed of $45,171.20 does not show up in SBA Form 1149 prepared by SBBT on August 29, 2011!
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!
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.
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.
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.
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.
|
11/4/2011 |
|
|
$4,121.06 |
$390,996.91 |
|
|
10/11/2011 |
|
|
$4,121.06 |
$390,996.91 |
|
|
9/16/2011 |
|
$206.05 |
|
$390,996.91 |
Robert Forouzandeh and Diana Jessup Lee, what has Santa Barbara Bank & Trust done with the $7,172.57 of extra principal paid in my SBA loan since July 6, 2007 as talked about in the June 29, 2011 email from Diana Jessup Lee? The falsified Proof of Claim to the United States Bankruptcy Court on 10/28/2001 now claims a principal balance of $400,962.89 instead of the September 23, 2011 (Payment Notice) balance of $390,996.91 or the November 20, 2011 online balance! Robert Forouzandeh and Diana Jessup Lee, Why would Santa Barbara Bank & Trust Falsify Bank Accounting to the United States Bankruptcy Court Judge Robin J. Riblet dated 10/28/11?
Diana Jessup Lee in her May 19, 2011 letter has provided evidence showing Santa Barbara Bank & Trust accounting records per payment notices! This same Santa Barbara Bank & Trust accounting is seen openly in the September 23, 2011 (payment notice)! The June 23, 2007 Payment Notice by Santa Barbara Bank & Trust is undisputed! Why has Santa Barbara Bank & Trust charged two monthly payments of $4,121.06 for the October and November 2011 payments against SBA Form 147 Note?
Please again read the email below on August 1, 2011 to Robert Forouzandeh
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 within one week of November 18, 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 decision after reviewing the documents attached and your most recent communication on November 23, 2011!
Sincerely
Bill Bookout
CC California State Attorney General, Kamala D. Harris
California Department of Justice
P. O. Box 944255
Sacramento, Ca 94244-2550
CC Judge Robin L. Riblet---Exhibit # 22
From: Robert Forouzandeh [mailto:rforouzandeh@rppmh.com]
Sent: Wednesday, November 23, 2011 10:22 AM
To: Bill Bookout
Cc: Richard Rossi; sanschromo@yahoo.com; kgrant@silcom.com; Diana Lee
Subject: FW: Santa Barbara Bank & Trust Loan Fraud and Breach of Contract SBA PLP Loan # 664-196-4009
Mr. Bookout:
Since you have retained legal counsel, I have stated to you on more than three occasions now, any questions, comments or concerns pertaining to your SBBT loan should be directed through your attorneys only.
With that being said, I did notice one new question that you have posed in your email below which does not pertain to any legal matters and I will proceed to answer it at this time and CC your attorneys on this email so that it is not construed as an ex parte communication.
You ask: "How did Santa Barbara Bank & Trust come up with a principal balance owed of $400,962.89..." In doing so, you post what appears to be a cut and paste excerpt from SBBT's website which shows a principal balance of $390,996.91 for the loan.
Our response is as follows: The $390,996.91 was calculated using the fixed interest rate of 6% set forth in the Forbearance Agreement. Due to your default of the Forbearance Agreement, the Forbearance Agreement was rescinded (as permitted by its terms) and the principal amount of the loan was re-calculated and re-amortized going back to the date of the Forbearance Agreement using the interest rate of Prime + 2% (as required in your original loan) for the time period between the date of the Forbearance Agreement and the date of the Proof of Claim with the loan being re-amortized on a yearly basis per SBA loan rules. The Prime Rate during that period varied between 3.25%-8.25% and thus the interest rate for your loan during that period of time varied between 5.25%-10.25%. Since the interest rate was higher than the fixed 6% rate for much of this period, when the loan was re-calculated and re-amortized under the original loan terms, your principal amount increased to $400,962.89 due to the higher interest rate and the fact that you failed to make any payments for a large portion of that period of time. The $390,996.91 balance appears on SBBT's online account access for your loan because that system has not been updated to rescind the terms of the Forbearance Agreement and has accordingly not re-calculated or re-amortized your loan based on the original loan terms.
I hope this answers your question. Again, please direct any future questions, comments or concerns through your attorneys only.
Attorney at Law
Reicker, Pfau, Pyle & McRoy LLP
1421 State Street, Suite B
Santa Barbara, CA 93101
Tel: 805-966-2440
Fax: 805-966-3320
E-mail: rforouzandeh@rppmh.com
Website: www.reickerpfau.com
------------------------------------------------------------------------------------
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From: Bill Bookout [mailto:pismobeachsurfshop@charter.net]
Sent: Monday, November 21, 2011 4:44 PM
To: Diana Lee
Cc: lol@rsmediate.com; 'LeSieur, Debbie'; 'Karen Grant'
Subject: RE: Santa Barbara Bank & Trust Loan Fraud and Breach of Contract SBA PLP Loan # 664-196-4009
Santa Barbara Bank & Trust
Diana Jessup Lee State Bar # 155191
Diana Jessup Lee,
As you are my designated person; at Santa Barbara Bank & Trust to ask banking questions of. Can you explain as to why Santa Barbara Bank & Trust is charging my SBA loan $4,121.06 per month as seen online?
How did Santa Barbara Bank & Trust come up with a principal balance owed of $400,962.89 in their Proof of Claim for Judge Robin L. Riblet dated October 28, 2011?
Sincerely
Bill Bookout
CC California State Attorney General, Kamala D. Harris
California Department of Justice
P. O. Box 944255
Sacramento, Ca 94244-2550
CC Judge Robin L. Riblet---Exhibit # 22
Account Activity
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From: Bill Bookout [mailto:pismobeachsurfshop@charter.net]
Sent: Monday, November 21, 2011 6:59 AM
To: 'Robert Forouzandeh'
Cc: 'Chris Gautschi'; 'Richard Rossi'; 'Diana Lee'; 'rmiller@newtimesslo.com'; 'crigley@newtimesslo.com'; 'lol@rsmediate.com'; 'Kaplan, Adam D.(Off. Inspector Gen.)'; 'Koznek, Jeff'; 'danhil@charter.net'; 'ajsantana@co.slo.ca.us'; 'dvallely@co.slo.ca.us'; 'Thomas Cregger'; 'Karen Grant'; 'Pamela Brinks'
Subject: RE: Santa Barbara Bank & Trust Loan Fraud and Breach of Contract SBA PLP Loan # 664-196-4009
November 21, 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;
Robert Forouzandeh State Bar # 247177
Diana Jessup Lee State Bar # 155191
Robert Forouzandeh and Diana Jessup Lee,
Thank you, for Santa Barbara Bank & Trusts position on the May 19, 2011 NOD filed by Santa Barbara Bank & Trust. Your Statement on November 18, 2011 is taken as the official statement by Santa Barbara Bank & Trust Attorneys, per the Fraud and Breach of Contract committed by Santa Barbara Bank & Trust since 2003!
“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 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 within one week of November 18, 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 decision after reviewing the documents attached!
Robert Forouzandeh and Diana Jessup Lee, Please pay attention to the articles and comments below by Barry Cappello
“History shows that whenever the economy is hurting, there are always a percentage of lenders who behave badly and literally drive a borrower into default.”
Cappello cautions, “Unless lenders are willing to work with their commercial borrowers, they may be faced with unmanageable REO portfolios as well as protracted multi-million-dollar lender liability litigation. Commercial borrowers will fight to keep ownership of their property. If there are violations of due process in the foreclosure procedure or illegal banking practices, you can be sure commercial borrowers will seek legal redress.”
Judge Robin L. Riblet, commented at the hearing on November 18, 2011 about the Inverse Condemnation per the County and Rail Road claim. Please note that Santa Barbara Bank & Trust is responsible for any and all Judgments and Liens per the SBBT requirement in the Deed of Trust to Fight Inverse Condemnation. This is again backed up in the 2007 forbearance and workout agreement presented to Judge Robin L. Riblet, by Santa Barbara Bank & Trust. A discussion was held outside of the court room with Union Pacific Rail Road and Karen L. Grant on this issue.
Robert Forouzandeh and Diana Jessup Lee, Attached above are 42 documents showing Santa Barbara Bank & Trusts Fraud and Breach of Contract since 2003! Please pay close attention to the letters from Diana Jessup Lee on May 6, 2011 and May 19, 2011. Santa Barbara Bank & Trust is not owed deferred payments as stated May 6, 2011! Please review the SBBT letter attached September 30, 2008!
In the Santa Barbara Bank & Trusts Proof of claim to the United States Bankruptcy Court Judge Robin L. Riblet on October 28, 2011; Please explain as to why Santa Barbara Bank & Trust is claiming $55,137.18 dollars from the Oceano Nursery SBA loan, that is not owed Santa Barbara Bank & Trust? How can this be legal in California Banking? This in itself makes the May 19, 2011 NOD Fraudulent! This falsified amount owed has had an impact on the November 18, 2011 hearing in front of Judge Robin L. Riblet.
Santa Barbara Bank & Trust claims on 11/28/2011 that they are owed a principal balance of $400,962.89. In the SBA form 1149 provided by Santa Barbara Bank & Trust on August 29, 2011 to the U.S. Small Business Administration. SBBT states the Principal Balance was $390,996.91! Why is Santa Barbara Bank & Trust now claiming they are owed an additional $9,965.98 to Judge Robin L. Riblet? Please explain this to myself and those attached above along with Judge Robin L. Riblet!
Santa Barbara Bank & Trust claims on 11/28/2011 that they are owed $45,171.20 in deferred and defaulted payments past due! Please explain as to how Santa Barbara Bank & Trust can claim this amount, when Santa Barbara Bank & Trust on September 30, 2008 informed the SBA. “In addition interest has been paid current and the loan is fully secured with real estate.” ???? Please explain this to myself and those attached above along with Judge Robin L. Riblet!
Mr. Robert Forouzandeh, Please pay attention to your August 1, 2011 and August 2, 2011 emails below! Santa Barbara Bank & Trust is not owed $45,171.20 as claimed in the May 19, 2011 NOD! “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.”
Santa Barbara Bank & Trust on August 29, 2003 obtained an SBA authorization for the Oceano Nursery SBA loan as seen and signed above by SBBT on August 29, 2003. The October 6, 2003 signed Loan Agreement shows this August 29, 2003 SBA Authorization. The August 27, 2003 Loan Committee Presentation Report shows the purpose of the Oceano Nursery SBA August 29, 2003 loan Authorization just prior to the contract between the SBA and Santa Barbara Bank & Trust. Explain the Fraud that has been committed by Santa Barbara Bank & Trust in changing the SBA loan Authorization on October 1, 2003 in what is called a collateral Modification attached? Santa Barbara Bank & Trust does not have a legal right to be in the Second Position on the 470 Price Street property with this Fraud! This issue should be investigated by the California State Attorney General, Kamala D. Harris.
Robert Forouzandeh and Diana Jessup Lee, Please explain as to why Santa Barbara Bank & Trust has a second on the Pismo Beach Dive Shop and the Pismo Beach Surf Shop property at 470 Price Street? Notice the Fraud committed on 10/1/03 in the original August 29, 2003 SBA Loan Authorization attached above! Please explain this to myself and those attached!
Santa Barbara Bank & Trust claims in the May 19, 2011 NOD and the Loan amortization schedule prepared by SBBT on May 5, 2011; that on July 6, 2007 SBBT was owed $465,195.50 after paying $22,274.46! Robert Forouzandeh and Diana Jessup Lee, Please explain as to why in the June 23, 2007 Payment Notice that my total debt was $472,774.05 and in the May 5, 2011 amortization schedule prepared by Santa Barbara Bank & Trust this debt is raised up to $487469.96? What Bank records has Santa Barbara Bank & Trust used to show this undocumented difference of $14,695.91 claimed owed by Santa Barbara Bank & Trust? Please make these Santa Barbara Bank & Trust records used public if they are different then the SBBT records attached above! This issue should be investigated by the California State Attorney General, Kamala D. Harris.
Robert Forouzandeh and Diana Jessup Lee, Please explain as to why the July 6, 2007 payment of $22,274.46 was not credited to any Principal as seen in the May 5, 2011 amortization schedule? Please explain as to why Santa Barbara Bank & Trust has stolen $5,200.00 in the 2007 forbearance agreement principal? Notice the Santa Barbara Bank & Trust Loan Payment History attached above showing the $22,274.46 five payments going to interest only and none to principal! What has Santa Barbara Bank & Trust done with my $5,200.00 in principal not applied to my Oceano Nursery SBA Loan in the 2007 forbearance agreement? This statement on June 19, 2011 by Diana Jessup Lee is unacceptable and false! “4. Your July 2007 payment of $22,274.46 was used "to pay the monthly principal and interest payments owing on Note for the earliest five monthly past due payments (May, 2006, June, 2006, July, 2006, August, 2006 and September, 2006)" exactly as stated in the Forbearance Agreement (emphasis added). This has been explained to you repeatedly. See my May 19, 2011 letter as well as the charts enclosed with my May 6, 2011 letter. I do not intend to continue repeating myself, so please do not keep asking this same question.”
Attached is the August 29, 2011 Lenders Transcript of Account showing only interest payments from 7/6/07—9/2/08 against the 2007 Forbearance Agreement (emphasis added). No Principal was paid from May 2006 to September 2006! Attached is the May 19, 2011 letter from Diana Jessup Lee per her June 29, 2011 email attached!
Attached is a July 16, 2008 OCC letter showing that Santa Barbara Bank & Trust, claims that the $22,274.46 is applied to Principal and Interest. Why would Santa Barbara Bank & Trust misapply this principal paid SBBT, from my Oceano Nursery SBA loan against the OCC‘s July 16, 2008 letter. Why would Santa Barbara Bank & Trust charge $1,953.45 in attorney fees as seen in this OCC letter from 6/30-9/30/2007 against the forbearance agreement?
Robert Forouzandeh and Diana Jessup Lee, Please explain the letter attached that was written by Diana Jessup Lee on May 19, 2011 claiming that on July 6, 2007 $487,469.96 was owed on the Oceano Nursery SBA loan before the five payments of $22,274.46 with Santa Barbara Bank & Trust just subtracting, interest bringing this loan down to $465,195.50 and stealing $5,200.00 of principal from Bill Bookout and Oceano Nursery? Robert Forouzandeh and Diana Jessup Lee, again I am asking Santa Barbara Bank & Trust to cancel the May 19, 2011 NOD filed on the Oceano Nursery property and the 470 Price Street property!
Robert Forouzandeh and Diana Jessup Lee, attached are a few emails from both of you claiming that Santa Barbara Bank & Trust paid principal on the $22,274.46 for the five payments per the forbearance agreement! Please explain to myself, the District Attorney and the San Luis Obispo Police Department attached above as to what Santa Barbara Bank & Trust has done with this $5,200.00 of my principal paid towards my SBA loan in 2007? This principal paid does not show up in the SBA Form 1149 prepared by Santa Barbara Bank & Trust on August 29, 2011. The deferred payments claimed of $45,171.20 does not show up in SBA Form 1149 prepared by SBBT on August 29, 2011!
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!
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.
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.
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.
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.
|
11/4/2011 |
|
|
$4,121.06 |
$390,996.91 |
|
|
10/11/2011 |
|
|
$4,121.06 |
$390,996.91 |
|
|
9/16/2011 |
|
$206.05 |
|
$390,996.91 |
Robert Forouzandeh and Diana Jessup Lee, what has Santa Barbara Bank & Trust done with the $7,172.57 of extra principal paid in my SBA loan since July 6, 2007 as talked about in the June 29, 2011 email from Diana Jessup Lee? The falsified Proof of Claim to the United States Bankruptcy Court on 10/28/2001 now claims a principal balance of $400,962.89 instead of the September 23, 2011 (Payment Notice) balance of $390,996.91 or the November 20, 2011 online balance! Robert Forouzandeh and Diana Jessup Lee, Why would Santa Barbara Bank & Trust Falsify Bank Accounting to the United States Bankruptcy Court Judge Robin J. Riblet dated 10/28/11?
Diana Jessup Lee in her May 19, 2011 letter has provided evidence showing Santa Barbara Bank & Trust accounting records per payment notices! This same Santa Barbara Bank & Trust accounting is seen openly in the September 23, 2011 (payment notice)! The June 23, 2007 Payment Notice by Santa Barbara Bank & Trust is undisputed! Why has Santa Barbara Bank & Trust charged two monthly payments of $4,121.06 for the October and November 2011 payments against SBA Form 147 Note?
Again, this is a written demand 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 within one week of November 18, 2011! With the documents attached, Santa Barbara Bank & Trust Board of Directors; have full knowledge of the Santa Barbara Bank & Trusts actions since 2003!
Please again read the email below on August 1, 2011 to Robert Forouzandeh!
Sincerely
Bill Bookout
CC California State Attorney General, Kamala D. Harris
California Department of Justice
P. O. Box 944255
Sacramento, Ca 94244-2550
CC Judge Robin L. Riblet---Exhibit # 22
CC Barry A. Cappello Lender Liability
CC Karen L. Grant State Bar # 122084
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
CC Thomas Cregger –Union Pacific Rail Road
Day of Reckoning Has Arrived For Commercial Real Estate Lenders
Category : Lender Liability,News
For Immediate Release: October 11, 2011
Day of Reckoning Has Arrived For Commercial Real Estate Lenders
SANTA BARBARA, CALIF.–A collapse of the commercial real estate sector will be catastrophic to financial institutions and the economy so lenders must act now to avoid such a financial debacle, says A. Barry Cappello, nationally renowned attorney specializing in lender liability law.
“With the exception of prime properties in large cities such as Los Angeles and New York, commercial real estate has been an unmitigated disaster,” says Cappello, managing partner in the Santa Barbara, Calif.-based Cappello & Noël and author of Lender Liability. “TARP helped banks survive the housing mortgage meltdown. That money won’t be there when commercial loans start to fall apart, which we’re already seeing.”
Unlike residential housing borrowers, commercial borrowers can have tens of millions of dollars tied up in a single property. “Banks are beginning to foreclose on commercial properties, but that is the absolutely wrong way out,” says Cappello.
Cappello suggests that instead of foreclosing, lenders should renegotiate interest rates and principal or even arrange short sales with borrowers. “These are unique times and they call for creative action,” says Cappello. “Banks need to be flexible. This is especially true when lender liability is an issue. When banks become nervous, and we are in very nervous times, some lenders overreach and breach their loan agreements with their borrowers–whether the borrowers are behind in their loan payments or not. History shows that whenever the economy is hurting, there are always a percentage of lenders who behave badly and literally drive a borrower into default.”
Cappello cautions, “Unless lenders are willing to work with their commercial borrowers, they may be faced with unmanageable REO portfolios as well as protracted multi-million-dollar lender liability litigation. Commercial borrowers will fight to keep ownership of their property. If there are violations of due process in the foreclosure procedure or illegal banking practices, you can be sure commercial borrowers will seek legal redress.”
Do not expect a commercial real estate disaster to drag on like the housing fiasco. “Banks can’t count on another government bailout. They’re on their own when it comes to commercial loans,” says Cappello. “It’s in their best interest to work out financing solutions with their commercial borrowers. If they don’t, some banks simply won’t survive and they will drag the economy down with them.”
###
Lender Liability in Looming Commercial Lending Crisis – FindLaw
Category : News
2011-10-03
By Editorial Staff of FindLaw
SANTA BARBARA, CALIF. — Business borrowers are beginning to feel the ripple effects of the financial crisis as lenders tighten commercial lending in a cautionary attempt to stop further erosion of capital and assets, says lender liability expert A. Barry Cappello, managing partner with the Santa Barbara law firm of Cappello & Noel, LLP. He says the coming commercial credit crunch will be hard felt–especially by small businesses and borrowers in certain industries.
Cappello, author of Lender Liability (Juris Publishing) and nationally recognized as the pioneer in lender liability law, says the lending contraction in the commercial sector will be more severe than that which occurred in the late 1980s and early 1990s when the savings and loan meltdown and lender misconduct resulted in multi-million dollar jury verdicts and settlements for business borrowers.
“National lenders are writing off hundreds of millions, even billions of dollars in subprime and ARM loans,” explains Cappello.” They are bloodied by their ill-conceived collateralized debt obligation forays. They are now turning to their commercial portfolio to see where they can cut to stop new bleeding. Lenders are in write-down mode.”
Cappello says commercial borrowers should not feel relief on news that banks are swallowing up investment banks. “These banks are getting in over their head and the buyouts just mean less available funds for borrowers,” cautions Cappello.
Credit is already tight in the transportation, housing and manufacturing sectors, notes Cappello. “Even if your business is healthy, if you’re in one of these sectors, you can be sure your lender is reviewing your file and deciding whether it wants to continue the relationship. I’m getting calls to my office from business borrowers whose commercial lending relationship is souring,” he says.
Cappello advises business borrowers to turn to regional banks for their borrowing needs and avoid national lenders altogether. “Regional banks, for the most part, didn’t gamble with their home loans so financially they are in better shape. They aren’t jeopardizing their viability by buying financially troubled investment banks,” says Cappello. “On the other hand, national lenders are hunkering down. They are less likely to extend new credit. Their primary concern now is to wipe their losses from the books so they can show their shareholders a profit in the next year or two.”
Cappello represents business borrowers who feel their lenders have overstepped their legal authority. “When a bank decides it wants to stop lending to certain types of businesses that’s when lender liability usually occurs,” says Cappello. “Lenders are tempted to arbitrarily change loan terms with current customers, grab collateral and make unrealistic payment demands. There are laws that forbid them to do that.”
Besides reading the fine print of your loan agreement and getting every verbal promise in writing, Cappello suggests, “Avoid using personal guarantees to secure a business loan. If you must use a personal guarantee, require language in the loan documents that state the bank has to go against business collateral first. Some lenders also seek to collaterize intellectual property. I can’t think of any bank loan that would be worth the risk of losing your rights to the intellectual property that built your business.”
Cappello warns businesses to be cautious if their lender is bought out by another bank. “A lending relationship is a personal relationship,” notes Cappello. “If your loan officer is suddenly replaced by a new loan officer, you lose an important ally who knew your business and could stand up for you.”
From: Robert Forouzandeh [mailto:rforouzandeh@rppmh.com]
Sent: Tuesday, August 02, 2011 10:04 AM
To: Bill Bookout
Subject: RE: Bookout/PCB Mediation per thier Bank Fraud and Breach of Contract since 2007
Mr. Bookout,
The July 27, 2011 statement sent from Santa Barbara Bank and Trust does not include the amounts owed by you for the deferred payments under the Forbearance Agreement. When you breached the Forbearance Agreement by going into default on your loan, pursuant to contract, the deferred payments were accelerated and due in full immediately. Accordingly, they were added to the notice of default amount. Nonetheless, as a token of good faith, if you pay the amount set forth on the July 27, 2011 statement ($102,859.01), Santa Barbara Bank and Trust will accept this as a complete cure of your default on your loan which is now in its 21st month.
All of the other questions you refer to in your email were fully and completely answered in the various emails from Ms. Lee to you that I identified in my August 1, 2011 email to you. Please go back and review them in depth and you will find answers to all of your questions, including how the May Notice of Default was calculated.
Thank you.
Robert
From: Bill Bookout [mailto:Pismobeachdiveshop@charter.net]
Sent: Monday, August 01, 2011 5:47 PM
To: Robert Forouzandeh
Cc: sandiego@sba.gov; 'Marianne Partridge -'; 'Nick Welsh -'; 'Michelle Drown -'; 'Matt Kettmann -'; dkatich@newspress.com; wmccaw@newspress.com; avw@newspress.com; rmiller@newtimesslo.com; aschwellenbach@newtimesslo.com; velie@calcoastnews.com; assignmentdesk@keyt.com; Customer.Assistance@occ.treas.gov; Carlos.Mendoza@sba.gov; sbcountyda@co.santa-barbara.ca.us; ombudsman@fdic.gov; sandiego@sba.gov; Lcannon@dfi.ca.gov; legal@fdic.gov; barney@independent.com; dporter@dfi.ca.gov; lol@rsmediate.com; begelko@sfchronicle.com
Subject: RE: Bookout/PCB Mediation per thier Bank Fraud and Breach of Contract since 2007
August 1, 2011
Office of the Comptroller of the Currency Case # 01394465 – Case # 770567
Robert Forouzandeh,
Reicker, Pfau, Pyle & McRoy LLP
1421 State Street, Suite B
Santa Barbara, CA 93101
Mr. Robert Forouzandeh,
RE: Santa Barbara Bank & Trusts, Fraud and Breach of Contract since July 2007.
1) Please see that the questions asked of Mr. Mark K. Olson and Mr. Nightingale on June 3, 2011 as seen below are answered!
2) Please see that the questions below asked of Diana Jessup Lee on June 2, 2011 are answered!
3) Please see that the questions asked of Diana Jessup Lee on June 27, 2011 as seen below are answered!
4) Please see that the questions asked of Diana Jessup Lee on July 4, 2011 as seen below are answered!
5) Please see that the questions asked of Diana Jessup Lee on July 16, 2011 as seen below are answered!
6) Please see that the questions asked of Diana Jessup Lee on July 20, 2011 as seen below are answered!
Mr. Forouzandeh, Please explain why the NOD filed May 19, 2011 for $111,024.71 is a larger amount then the Santa Barbara Bank & Trust July 24, 2011 payment notice? Please pay close attention to the Fidelity National Title Company email below dated May 26, 2011 along with the SBBT payment notice attached! You will notice that $78,300.14 divided by 19 is $4,121.06 per month! Why is Santa Barbara Bank & Trust still billing this amount with the SBBT Fraud seen in Diana Lee’s May 19, 2011 letter attached?
Robert Forouzandeh, Please explain how you had come up with the $45,171.20 again as this is not seen in the Santa Barbara Bank & Trust payment notice and is not mentioned in the Office of the Comptroller of the Currency Case # 01394465 – Case # 770567 June 30, 2011 findings?
Please see that Christine Sontag; the Santa Barbara Bank & Trust and Pacific Capital Bancorp 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; -------Are fully aware of your statements in your email August 1, 2011!
Sincerely
Bill Bookout
CC Sharon Gilstrap and John Walsh
Office of the Comptroller of the Currency Case # 01394465
1301 McKinney Street, Suite 3450
Houston, Texas 77010-9050
Fax # 713-336-4301
CC U.S. Small Business Administration
Attorney General Kamala D. Harris
California Department of Justice
P. O. Box 944255
Sacramento, Ca 94244-2550
·
FDIC Consumer Response Center
1100 Walnut Street, Box #11
Kansas City, MO 64106
From: Robert Forouzandeh [mailto:rforouzandeh@rppmh.com]
Sent: Monday, August 01, 2011 4:45 PM
To: Bill Bookout
Cc: Diana Lee
Subject: RE: Bookout/PCB Mediation per thier Bank Fraud and Breach of Contract since 2007
Mr. Bookout,
I disagree with your assertion that Ms. Lee has been "unable to answer" your questions. Ms. Lee has answered all of your questions repeatedly. I would refer you to Ms. Lee's correspondences to you dated: May 6, May 26, May 31, June 28, July 5 and July 15, 2011 (among others), in which Ms. Lee has answered each and every one of your questions repeatedly.
If you have any new information or any new questions, please provide those to me and I will respond accordingly.
Thank you.
Robert B. Forouzandeh
Attorney at Law
Reicker, Pfau, Pyle & McRoy LLP
1421 State Street, Suite B
Santa Barbara, CA 93101
Tel: 805-966-2440
Fax: 805-966-3320
E-mail: rforouzandeh@rppmh.com
Website: www.reickerpfau.com
------------------------------------------------------------------------------------
This e-mail may contain confidential and privileged material for the sole use of the intended recipient. Any review or distribution by others is strictly prohibited. If you are not the intended recipient, please contact the sender and delete this e-mail.
Fiduciary breach for lenders is alive and well
Category : Lender Liability
By A. Barry Cappello
Note: This article appeared in the Letters to the Editor column of the Los Angeles Daily Journal, Sept, 20, 2011
This letter responds to “Reality check: A bank’s liability is not that simple,” by Jill Switzer (Sept. 1). In cautioning the reader not to assume that bank liability for depositor claims is “a snap,” Switzer states that “[t]he only situation in which a bank is a fiduciary is when the bank acts as a fiduciary, e.g., its trust department. In all other situations, the relationship between a bank and its depositor is simply one of debtor-creditor, founded on a contract – the deposit agreement. Price v. Wells Fargo Bank (1989) 213 Cal.App.3d 465.”
The citation to Price v. Wells Fargo, a lender case, suggests that a bank, as lender, can never be liable for fiduciary breach. As a litigator who has tried, settled, and written about lender liability cases for over three decades, I disagree with that suggestion.
Abundant case law supports imposing fiduciary liability against a lender in situations where the bank, as often occurs, acts as more than an arms’-length lender. Some examples are giving the borrower financial advice or related financial services, acting as agent of the borrower, exercising undue control over the borrower, or situations where the borrower clearly reposed trust and confidence in the lender. (See Rutherford v. Rideout Bank (1938) 11 Cal.2d 479 (confidence reposed in bank manager to provide business and financial advice); Credit Managers Ass’n. v. Superior Court (1975) 51 Cal.App.3d 352 (bank controlled business activities of borrower through compelled use of consultant); Frydman & Co. v. Credit Suisse First Boston Corp., 708 N.Y.S.2d 77 (N.Y.App.Div. 2000) (lender negotiated for borrower); Capital Bank v. MVB Inc., 644 So.2d 515 (Fla.Ct.App. 1994) (advising borrower to acquire defective assets from another of bank’s borrowers); Scott v. Dime Savings Bank, 866 F.Supp. 1073 (S.D.N.Y. 1995) (advising borrower to invest borrowed funds with bank’s investment arm); McFate v. Bank of America (1932) 125 Cal.App.683 (bank acted as agent for mortgagor, mortgagee, and escrow holder for plaintiff in mortgagor-plaintiff exchange); see also, Tate v. Saratoga Sav. & Loan Ass’n. (1989) 216 Cal.App.3d 843 (bank as joint venturer is a fiduciary); see, generally, A. Barry Cappello, “Lender Liability” (Juris Publishing 4th Edition).)
A litigator is well advised to consider fiduciary breach in any case where the lender has engaged in self-dealing, used one borrower to cover another borrower’s debt, tricked the borrower, exploited confidential information, or failed to disclose material information. These are facts that might ground a credible claim for fiduciary breach under existing case law. While lender liability for breach of fiduciary duty is not “a snap,” it is alive and well as a potential option in the right case.
From: Robert Forouzandeh [mailto:rforouzandeh@rppmh.com]
Sent: Friday, November 18, 2011 4:33 PM
To: Bill Bookout
Cc: 'Chris Gautschi'; 'Richard Rossi'; Diana Lee
Subject: RE: plan
Mr. Bookout:
As I have repeatedly stated to you in the past, you are represented by counsel. In fact, you have included them as recipients of your email. Please direct any requests, demands or any other information through them and them only. Please do not contact me directly again while you are represented by counsel.
With that being said, as I have done on countless occasions in the past, I deny each and every one of the false allegations that you have set forth in your email below. There is nothing deficient about the May 19, 2011 NOD. Santa Barbara Bank and Trust will not rescind it. We have reviewed all of the information pertaining to this NOD and it is valid.
Robert B. Forouzandeh
Attorney at Law
Reicker, Pfau, Pyle & McRoy LLP
1421 State Street, Suite B
Santa Barbara, CA 93101
Tel: 805-966-2440
Fax: 805-966-3320
E-mail: rforouzandeh@rppmh.com
Website: www.reickerpfau.com
------------------------------------------------------------------------------------
This e-mail may contain confidential and privileged material for the sole use of the intended recipient. Any review or distribution by others is strictly prohibited. If you are not the intended recipient, please contact the sender and delete this e-mail.
From: Karen Grant [mailto:kgrant@silcom.com]
Sent: Wednesday, November 16, 2011 11:35 AM
To: Bill Bookout
Cc: 'Robert Forouzandeh'; 'LeSieur, Debbie'; 'Levas, Vickie'; velie@calcoastnews.com; rmiller@newtimesslo.com; crigley@newtimesslo.com; glenn.harris@sba.gov; 'Kaplan, Adam D.(Off. Inspector Gen.)'; 'Richard Rossi'; 'Koznek, Jeff'; dvallely@co.slo.ca.us; ajsantana@co.slo.ca.us; danhil@charter.net; debra@rossilegal.com; sanschromo@yahoo.com; 'Pamela Brinks'
Subject: Re: File: 11-00126-5, 15899 Santa Barbara Bank & Trust SBA loan Fraud
Law Offices of Karen L. Grant
924 Anacapa Street, Suite 1M
Santa Barbara, CA 93101
(805) 962-4413
(805) 568-1641 fax
kgrant@silcom.com
----- Original Message -----From: Bill BookoutCc: 'Robert Forouzandeh' ; 'LeSieur, Debbie' ; 'Levas, Vickie' ; velie@calcoastnews.com ; rmiller@newtimesslo.com ; crigley@newtimesslo.com ; glenn.harris@sba.gov ; 'Kaplan, Adam D.(Off. Inspector Gen.)' ; 'Richard Rossi' ; 'Koznek, Jeff' ; dvallely@co.slo.ca.us ; ajsantana@co.slo.ca.us ; danhil@charter.net ; debra@rossilegal.com ; sanschromo@yahoo.com ; 'Pamela Brinks'Sent: Wednesday, November 16, 2011 10:46 AMSubject: RE: File: 11-00126-5, 15899 Santa Barbara Bank & Trust SBA loan Fraud
November 16, 2011Karen L. GrantCalifornia State Bar # 122084924 Anacapa Street, Ste 1MSanta Barbara, Ca 93101Dear Mrs. Karen L. Grant,As you are counsel for Santa Barbara Bank & Trust, I am requesting of you to provide a breakdown copy; of the February 9, 2007 NOD filed by Pacific Capital Bank Trustee Sale No. 0702147B-DL for $47,811.13 by November 17, 2011. Fidelity National Title has stated "You really need to consider contacting the banks counsel for that information."Attached above is Santa Barbara Bank & Trust claim that they are owed $127,333.39 in a proof of claim dated 10/28/11! Fidelity National Title has provided what Santa Barbara Bank and trust has claimed in the NOD filed on May 19, 2011 in deferred and defalted payments of $45,171.20. Can you explain in the Santa Barbara Bank & Trust May 5, 2011 amortization schedule attached above as to why Santa Barbara Bank & Trust did not apply any principal to the five payments paid in 2007 of $22,274.46?Mrs. Grant, can you provide Santa Barbara Bank & Trust documents showing how SBBT came up with $67,445.66 owed in payments due 5/6/06-7/6/07? The Bankruptcy Court and the San Luis Obispo District Attorneys office will need this information.Please explain as to why Santa Barbara Bank & Trust has not properly amortized the Oceano Nursery SBA loan since the 2007 Forbearance Agreement with Santa Barbara Bank & Trust?Mrs. Grant, Can you explain to the Bankruptcy Court and myself as to why Santa Barbara Bank & Trust in SBA Form 1149 attached above dated August 29, 2011 has showed a Principal Balance of $390,996.91 and in the Proof of Claim to the United States Bankruptcy Court has stated the principal balance is $400,962.89?Mrs. Grant, Santa Barbara Bank & Trust on September 30, 2008 has told the SBA that all back interest had been paid back to Santa Barbara Bank & Trust. Why did Santa Barbara Bank & Trust claim in the May 19, 2011 NOD that $45,171.20 is owed Santa Barbara Bank & Trust? Please show myself and the Bankruptcy Court proof of this claim!Mrs. Grant, Attached are four emails from Santa Barbara Bank & Trust in regards to the May 19, 2011 NOD and the accounting by Santa Barbara Bank & Trust. Please explain as to why the $22,274.46 was not applied to principal per the 2007 forbearance agreement and what Santa Barbara Bank & Trust has done with the overcharge of my monthly payments since the 2007 forbearance agreement? Since filing Bankruptcy, Santa Barbara Bank & Trust has again overcharged my monthly mortgare payments twice in an amount of $4,121.06! Is this legal in California Banking Laws?Mrs Grant, Attached is a May 19, 2011 letter from Santa Barbara Bank & Trust threatining a restraining order for asking questions of Santa Barbara Bank & Trust and then explaining Santa Barbara Bank & Trust accounting! Please explain to the United States Bankruptcy Court and the San Luis Obispo District Attorney if this Accounting on May 19, 2011 by Santa Barbara Bank & Trust is accurate? Please provide the payment Notice showing the Bankruptcy Court that my SBA loan was $67,445.66 past due as of May 6, 2007? You will notice a payment notice provied by SBBT. Is this payment notice accurate on 6/23/06 as provided by Santa Barbara Bank & Trust?SincerelyBill BookoutCC Judge Robin L. Riblet---Exhibit # 22
CC Chris Gautschi [sanschromo@yahoo.com]
CC San Luis Obispo District Attorney
CC San Luis Obispo Police Department Case # 111108022
CC Glenn Harris Office of Inspector General OIG complaint ID # 20110484
CC Adam D. Kaplan Office of Inspector General OIG complaint ID # 20110484
From: Bill Bookout [mailto:pismobeachsurfshop@charter.net]
Sent: Tuesday, November 15, 2011 11:39 AM
To: 'LeSieur, Debbie'
Cc: 'Robert Forouzandeh'; 'LeSieur, Debbie'; 'Levas, Vickie'; 'velie@calcoastnews.com'; 'rmiller@newtimesslo.com'; 'crigley@newtimesslo.com'; 'glenn.harris@sba.gov'; 'Kaplan, Adam D.(Off. Inspector Gen.)'; 'Richard Rossi'; 'Koznek, Jeff'; 'dvallely@co.slo.ca.us'; 'ajsantana@co.slo.ca.us'; 'danhil@charter.net'; 'debra@rossilegal.com'; 'sanschromo@yahoo.com'
Subject: RE: File: 11-00126-5, 15899 Santa Barbara Bank & Trust SBA loan Fraud
November 15, 2011 OIG complaint ID # 20110484
Dear Mrs. Debbie LeSieur,
Please pull your files from Storage and provide a copy of this breakdown of the February 9, 2007 NOD filed by Pacific Capital Bank Trustee Sale No. 0702147B-DL for $47,811.13 by November 16, 2011. My Attorney Richard Rossi will need this document as Exhibit # 23 for Judge Robin L. Riblet and the federal court complaint.Santa Barbara Bank & Trusts Attorney Robert Forouzandeh, is attached above and is aware of the documents reqested of you and your company and Santa Barbara Bank & Trust! Mr Forouzandeh, has stated below on November 15, 2011. "I will not respond to any further correspondences that I receive from you while you are represented by counsel."
Sincerely
Bill Bookout
CC Chris Gautschi [sanschromo@yahoo.com]
CC Judge Robin L. Riblet---Exhibit # 22
CC San Luis Obispo District Attorney
CC San Luis Obispo Police Department Case # 111108022
CC Glenn Harris Office of Inspector General OIG complaint ID # 20110484
CC Adam D. Kaplan Office of Inspector General OIG complaint ID # 20110484
From: LeSieur, Debbie [mailto:Debbie.LeSieur@fnf.com]
Sent: Tuesday, November 15, 2011 11:04 AM
To: Bill Bookout
Subject: RE: File: 11-00126-5, 15899 Santa Barbara Bank & Trust SBA loan Fraud
Mr. Bookout
As I explained to you earlier, I can order the files but I may not have them in order to meet your deadline. You really need to consider contacting the banks counsel for that information.
From: Bill Bookout [mailto:pismobeachsurfshop@charter.net]
Sent: Tuesday, November 15, 2011 10:31 AM
To: LeSieur, Debbie
Cc: 'Robert Forouzandeh'; LeSieur, Debbie; Levas, Vickie; velie@calcoastnews.com; rmiller@newtimesslo.com; crigley@newtimesslo.com; glenn.harris@sba.gov; 'Kaplan, Adam D.(Off. Inspector Gen.)'; 'Richard Rossi'; 'Koznek, Jeff'; dvallely@co.slo.ca.us; ajsantana@co.slo.ca.us; danhil@charter.net; debra@rossilegal.com; sanschromo@yahoo.com
Subject: RE: File: 11-00126-5, 15899 Santa Barbara Bank & Trust SBA loan Fraud
November 15, 2011 OIG complaint ID # 20110484
Dear Mrs. Debbie LeSieur,
Please pull your files from Storage and provide a copy of this breakdown of the February 9, 2007 NOD filed by Pacific Capital Bank Trustee Sale No. 0702147B-DL for $47,811.13 by November 16, 2011. My Attorney Richard Rossi will need this document as Exhibit # 23 for Judge Robin L. Riblet and the federal court complaint.
Sincerely
Bill Bookout
CC Judge Robin L. Riblet---Exhibit # 22
CC San Luis Obispo District Attorney
CC San Luis Obispo Police Department Case # 111108022
CC Glenn Harris Office of Inspector General OIG complaint ID # 20110484
CC Adam D. Kaplan Office of Inspector General OIG complaint ID # 20110484
From: LeSieur, Debbie [mailto:Debbie.LeSieur@fnf.com]
Sent: Tuesday, November 15, 2011 8:50 AM
To: Bill Bookout
Subject: RE: File: 11-00126-5, 15899 Santa Barbara Bank & Trust SBA loan FraudMr. Bookout
You are requesting information on notice of defaults which recorded in 2007. Our files are in storage and it takes a few days to obtain them. I am afraid we will not have that information for you by today as requested. Perhaps you should contact the banks attorney for that information. I’m pretty sure you have their contact information.
From: Bill Bookout [mailto:pismobeachsurfshop@charter.net]
Sent: Tuesday, November 15, 2011 8:32 AM
To: LeSieur, Debbie
Cc: 'Robert Forouzandeh'; LeSieur, Debbie; Levas, Vickie; velie@calcoastnews.com; rmiller@newtimesslo.com; crigley@newtimesslo.com; glenn.harris@sba.gov; 'Kaplan, Adam D.(Off. Inspector Gen.)'; 'Richard Rossi'; 'Koznek, Jeff'; dvallely@co.slo.ca.us; ajsantana@co.slo.ca.us; danhil@charter.net
Subject: RE: File: 11-00126-5, 15899 Santa Barbara Bank & Trust SBA loan Fraud
November 15, 2011 OIG complaint ID # 20110484
Dear Mrs. Debbie LeSieur,
Thank you for your email at 8:11 am.
Santa Barbara Bank & Trust has refused to provide a copy of the breakdown of the February 9, 2007 NOD filed by Pacific Capital Bank Trustee Sale No. 0702147B-DL for $47,811.13 by November 15, 2011. A copy of this document is needed for the November 18, 2011 Bankruptcy hearing in front of Judge Robin L. Riblet.
Please provide a copy of this breakdown of the February 9, 2007 NOD filed by Pacific Capital Bank Trustee Sale No. 0702147B-DL for $47,811.13 by November 15, 2011.
The San Luis Obispo Police Department has been notified of the monthly business working capital theft by Santa Barbara Bank & Trust Case # 111108022 and Grand Theft Charges are requested to be made against Santa Barbara Bank & Trust for of the Oceano Nursery business working capital since 2007. Santa Barbara Bank 7 Trust is not owed. "October 2006 through July 2007 (10 payments) $ 45,171.20"
Please pay close attention to this statement from Santa Barbara Bank & Trust on November 14, 2011: "We have previously answered all of your questions fully and truthfully on multiple occasions, you simply do not like the answers."
Sincerely
Bill Bookout
CC Judge Robin L. Riblet---Exhibit # 22
CC San Luis Obispo District Attorney
CC San Luis Obispo Police Department Case # 111108022
From: LeSieur, Debbie [mailto:Debbie.LeSieur@fnf.com]
Sent: Tuesday, November 15, 2011 8:11 AM
To: Bill Bookout
Subject: RE: File: 11-00126-5, 15899Mr. Bookout
My telephone conversation with you yesterday addressed the Notice of Default which recorded 5/29/2011. You requested a breakdown and I had suggested you contact the lender. You indicated to me that my assistance Vickie had provided that information to you regarding the previous recorded Notice of Defaults. I explained to you I would contact the lender for authorization, which I have received.
The 5/19 Notice of Default had an amount of $111,024.71. The breakdown for that amount is as follows:
October 2006 through July 2007 (10 payments) $ 45,171.20
January 2010 through May 2011 (17 payments) $ 65,853.51
Total $111,024.71
I have a copy of an email from George C. Lazar to you dated January 25, 2011, giving you a breakdown of the amount shown on the Notice of Default which recorded January 14, 2011.
On January 27, 2011, you left me a voice mail message indicated that Pacific Capital had supplied you with a breakdown of the amounts shown on the previous notice of defaults. You are already in receipt of that information. The previous Notice of Defaults have been rescinded.
Thank you
From: Bill Bookout [mailto:pismobeachsurfshop@charter.net]
Sent: Tuesday, November 15, 2011 6:48 AM
To: 'LeSieur, Debbie'
Cc: 'Robert Forouzandeh'; 'LeSieur, Debbie'; 'Levas, Vickie'; 'velie@calcoastnews.com'; 'rmiller@newtimesslo.com'; 'crigley@newtimesslo.com'; 'glenn.harris@sba.gov'; 'Kaplan, Adam D.(Off. Inspector Gen.)'; 'Richard Rossi'; 'Koznek, Jeff'; 'dvallely@co.slo.ca.us'; 'ajsantana@co.slo.ca.us'
Subject: RE: File: 11-00126-5, 15899
November 15, 2011 OIG complaint ID # 20110484
Dear Mrs. Debbie LeSieur,
Santa Barbara Bank & Trust has refused to provide a copy of the breakdown of the February 9, 2007 NOD filed by Pacific Capital Bank Trustee Sale No. 0702147B-DL for $47,811.13 by November 15, 2011. A copy of this document is needed for the November 18, 2011 Bankruptcy hearing in front of Judge Robin L. Riblet.
Please provide a copy of this breakdown of the February 9, 2007 NOD filed by Pacific Capital Bank Trustee Sale No. 0702147B-DL for $47,811.13 by November 15, 2011.
The San Luis Obispo Police Department has been notified of the monthly business working capital theft by Santa Barbara Bank & Trust Case # 111108022 and charges are requested to be made against Santa Barbara Bank & Trust for Grand Theft of the Oceano Nursery business working capital since 2007.
Please pay close attention to this statement from Santa Barbara Bank & Trust "We have previously answered all of your questions fully and truthfully on multiple occasions, you simply do not like the answers."
Sincerely
Bill Bookout
CC Judge Robin L. Riblet---Exhibit # 22
CC San Luis Obispo District Attorney
CC San Luis Obispo Police Department Case # 111108022
From: Robert Forouzandeh [mailto:rforouzandeh@rppmh.com]
Sent: Monday, November 14, 2011 5:17 PM
To: Bill Bookout
Cc: richard@rossilegal.com; Mary Jo Barbeau
Subject: RE: File: 11-00126-5, 15899Mr. Bookout:
Contrary to your assertions, I am not aware of any false NOD's filed by Santa Barbara Bank & Trust. Please cease making false representations about me to third parties. We have previously answered all of your questions fully and truthfully on multiple occasions, you simply do not like the answers.
More importantly, your email to me is inappropriate, as it pertains to a claim that is currently pending before the Bankruptcy Court and for which you are represented by counsel. Therefore, the ethical rules which govern the practice of law preclude me, as an attorney, from discussing this matter with you outside the presence of your attorney. If you have any new questions, please direct your attorney of record, Mr. Rossi to contact us to discuss further. I will not respond to any further correspondences that I receive from you while you are represented by counsel. My refusal to respond to any of your emails or allegations should not be construed as an admission of any of the false allegations that you set forth in such correspondences.
Thank you for your understanding.
Attorney at Law
Reicker, Pfau, Pyle & McRoy LLP
1421 State Street, Suite B
Santa Barbara, CA 93101
Tel: 805-966-2440
Fax: 805-966-3320
E-mail: rforouzandeh@rppmh.com
Website: www.reickerpfau.com
------------------------------------------------------------------------------------
This e-mail may contain confidential and privileged material for the sole use of the intended recipient. Any review or distribution by others is strictly prohibited. If you are not the intended recipient, please contact the sender and delete this e-mail.
From: Bill Bookout [mailto:pismobeachsurfshop@charter.net]
Sent: Monday, November 14, 2011 4:55 PM
To: Robert Forouzandeh
Cc: 'LeSieur, Debbie'; 'Levas, Vickie'; velie@calcoastnews.com; rmiller@newtimesslo.com; crigley@newtimesslo.com; glenn.harris@sba.gov; 'Kaplan, Adam D.(Off. Inspector Gen.)'
Subject: RE: File: 11-00126-5, 15899November 14, 2011
Santa Barbara Bank & Trust
Robert Forouzandeh
Dear Mr. Robert Forouzandeh,
Please provide a breakdown of the February 9, 2007 NOD filed by Pacific Capital Bank Trustee Sale No. 0702147B-DL for $47,811.13 by November 15, 2011. As you are aware Santa Barbara Bank & Trust has filed two false NOD's against the Oceano Nursery SBA PLP loan in 2011.
I ask that you also provide a copy of the February 9, 2007 NOD break down filed by Pacific Capital Bank Trustee Sale No. 0702147B-DL for $47,811.13 to Judge Robin L. Riblet for our hearing on November 18, 2011. Attached below for Judge Robin L. Riblet are breakdowns of the two Santa Barbara Bank & Trust false 2011 NOD"s!
Sincerely
Bill Bookout
CC San Luis Obispo New Times
CC Adam D. Kaplan Office of Inspector General per OIG Complaint # 20110484
From: George C. Lazar [mailto:GLazar@foxjohns.com]
Sent: Tuesday, January 25, 2011 2:00 PM
To: Bill Bookout
Subject: Pacific Capital BankMr. 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
From: Bill Bookout [mailto:pismobeachsurfshop@charter.net]
Sent: Monday, November 14, 2011 4:31 PM
To: 'LeSieur, Debbie'
Cc: 'Levas, Vickie'; 'velie@calcoastnews.com'; 'rmiller@newtimesslo.com'; 'crigley@newtimesslo.com'; 'Butcher-Sumner, Blossom V.'; 'Babcock, Lisa J.'; 'glenn.harris@sba.gov'; 'Kaplan, Adam D.(Off. Inspector Gen.)'
Subject: RE: File: 11-00126-5, 15899November 14, 2011 OIG complaint ID # 20110484
Dear Mrs. Debbie LeSieur,
As we talked about on the phone today. Santa Barbara Bank & Trust has commited fraud in the May 19, 2011 NOD filed and presented to Judge Robin L. Riblet. A Bankruptcy Court hearing will be held on November 18, 2011.
Please provide a break down of the February 9, 2007 NOD filed by Pacific Capital Bank Trustee Sale No. 0702147B-DL for $47,811.13! This figure is now in question with the January 14, 2011 NOD being false and the May 19, 2011 NOD being false.
How did Pacific Capital Bank and your company come up with $47,811.13 on 2/9/2007?
Sincerely
Bill Bookout
CC San Luis Obispo New Times
CC Adam D. Kaplan Office of Inspector General per OIG Complaint # 20110484
From: Bill Bookout [mailto:pismobeachsurfshop@charter.net]
Sent: Monday, November 14, 2011 3:29 PM
To: 'LeSieur, Debbie'
Cc: 'Levas, Vickie'; 'Richard Rossi'
Subject: RE: File: 11-00126-5, 15899November 14, 2011
Dear Mrs. LeSier,
Can you provide a breakdown for the February 9, 2007 NOD filed by Pacific Capital Bank Trustee Sale No. 0702147B-DL? The $47,811.13 claimed owed by Pacific Capital Bank does not ad up properly!
Please provide a copy to my Attorney Richard Rossi as well for our Court hearing on November 18, 2011 in front of Judge Robin L. Riblet.
Sincerely
Bill Bookout
From: Levas, Vickie [mailto:vickie.levas@fnf.com]
Sent: Thursday, May 26, 2011 9:28 AM
To: pismobeachsurfshop@charter.net
Subject: File: 11-00126-5, 15899Mr. Bookout:
Per your request, here is a breakdown of the amount showing on the NOD which has recorded 5/19/2011. A copy is attached.
10 payments 10/2006 thru 07/2007 $45,171.20
17 payments 01/2010 thru 05/2011 $65,853.51
TOTAL: $111,024.71
thank you,
Vickie Levas
Fidelity National Title Company
3075 Prospect Park Drive, Ste 100
Rancho Cordova, CA 95670
Telephone (916) 636-0114 x2095
E-Mail vickie.levas@fnf.com
NOTE: PRIVATE AND PRIVILEGED INFORMATION: THIS TRANSMISSION MAY CONTAIN INFORMATION OR MATERIAL WHICH IS CONFIDENTIAL AND NOT TO BE DISCLOSED TO ANYONE OTHER THAN THE PERSON TO WHOM THIS TRANSMISSION IS DIRECTED. ANY DISCLOSURE, DISTRIBUTION, COPYING OR USE OF THIS COMMUNICATION BY ANY OTHER PERSON IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE CONTACT US BY TELEPHONE IMMEDIATELY AND RETURN THE ORIGINAL COMMUNICATION TO US AT T! HE ABOVE ADDRESS VIA FIRST CLASS MAIL. THANK YOU VERY MUCH FOR YOUR COOPERATION AND UNDERSTANDING.
From: Bill Bookout [mailto:Pismobeachdiveshop@charter.net]
Sent: Wednesday, October 12, 2011 7:56 AM
To: 'Mendoza, Carlos G.'
Cc: 'Gatell, Graciela M.'; 'Babcock, Lisa J.'; 'Ashker, Terrill K.'; 'OIGHotline@sba.gov'; 'Hobby, Jill C.'; 'San Diego General Box'; 'Bob Johnston'; 'Bryant, James A.'; 'Ellinwood, Carrie R.'; 'Tavernia, Paul J.'; 'Gilchrist, Essie J.'; 'O'Neal, Jim'; 'Ingebretsen, Kristan L.'; 'crigley@newtimesslo.com'; 'rmiller@newtimesslo.com'; 'dvallely@co.slo.ca.us'; 'sbcountyda@co.santa-barbara.ca.us'; 'ctrimble@pismobeach.org'; 'Richard Rossi'; 'grady.hedgespeth@sba.gov'; 'christopher.mckeehan@sba.gov'; 'lisa.babcock@sba.gov'; 'david.fishman@sba.gov'; 'glenn.harris@sba.gov'; 'sadie.lowe@sba.gov'; 'martin.gold@sba.gov'; 'cynthia.pope@sba.gov'; 'eric.adams@sba.gov'; 'edwin.joe@sba.gov'; 'lorenzo.flores@sba.gov'; 'richard.taylor@sba.gov'; 'frank.pucci@sba.gov'; 'anthony.vigil@sba.gov'; 'rachel.baranick@sba.gov'; 'dace.pavlovskis@sba.gov'; 'Butcher-Sumner, Blossom V.'
Subject: RE: FOIA # 34448- Production of Documents (Final) Fraud and Breach of Contract committed by Santa Barbara Bank & Trust/FBSLO
October 12, 2011 OIG complaint ID # 20110484
CARLOS G. MENDOZA US Small Business Administration
District Director 409 3rd St, SW
Central California/ Fresno Washington DC 20416
Small Business Administration
559/487-5785, Ext 2710
800/359-1833, OPTION 6
Dear Mr. Carlos Mendoza;
Re: SBA Loan Fraud and Breach of Contract committed by Santa Barbara Bank & Trust/FBSLO since 2003!
Under the Freedom of Information Act, please provide a detailed list of any and all documents that the Fresno SBA or any SBA office, has per SBA Loan PLP 664-196-4009. I believe the SBA has stated that they are in possession of Appraisals, Environmental reports etc. Attached are the two different (SBA Loan Analysis Presentations) dated August 20, 2003 and revised October 1, 2003. Also attached is the Lenders application For Guaranty provided to me on October 6, 2003. Please note that the only property in this form is the 1341 Paso Robles Street property as was the August 20, 2003 (SBA Loan Analysis Presentation)!
Terrill K. Ashker has stated September 30, 2011 “Also, your allegations of wrong doing committed by your lender have been duly noted, and you will be informed of SBA’s findings in due course.”
Additional items requested of the U. S. Small Business Administration. I am making a public records request under the Freedom of Information act for copies of any and all SBA, First Bank of San Luis Obispo, Pacific Capital Bank or Santa Barbara Bank & Trust documents from 2003 to present regarding the SBA guaranteed loan for Oceano Nursery, identified under SBA Loan PLP 664-196-4009.
Any and all completed (SBA Form 1149) documents by Pacific Capital Bank, Santa Barbara Bank & Trust, First Bank of San Luis Obispo or the SBA! Does the SBA have the September 13, 2010 (SBA Form 1149) in their files signed by Stephanie Millender?
Please provide a copy of the June 30, 2007 Forbearance Agreement Amortization Schedule not previously provided by the SBA! The SBA has provided the February 5, 2005 amortization schedule per this 2005 change in terms.
Please provide a copy of the 631 Lake Street real estate appraisal mentioned by the U.S. Small Business Administration National Guaranty Purchase Center! This house should not have been used to secure equity by the SBA as seen in the two SBA Loan Analysis Presentations) attached!
Please explain as to who at the SBA is in charge of the documents not provided by the National Guaranty Purchase Center as stated? “The National Guaranty Purchase Center is not in possession of copies of the Loan Analysis Presentation dated August 20, 2003 and the Loan Checklist you requested in your email dated October 6, 2011, and we find our records are non-responsive to that portion of your request.”
“Dear Mr. Bookout:
We have completed your Freedom of Information Act (FOIA) request received on September 27, 2011 for access to any and all SBA, First Bank of San Luis Obispo or Santa Barbara Bank & Trust documents from 2003 to present in regarding SBA guaranteed loan, Oceano Nursery, identified under SBA Loan 6641964009. There is no cost for this FOIA request because the fee is less than $25. Pursuant to SOP 40 03 3 Chapter 3 (a), SBA will waive the fee if it is less than $25.00. The documents requested were released in full. Attached is a list that describes each document reviewed.
The National Guaranty Purchase Center is not in possession of copies of the Loan Analysis Presentation dated August 20, 2003 and the Loan Checklist you requested in your email dated October 6, 2011, and we find our records are non- responsive to that portion of your request.”
I am officially requesting of the SBA for a copy of the Original August 29, 2003 U.S. Small Business Administration Loan Authorization not provided by the U.S. Small Business Administration National Guaranty Purchase Center! Please note the one provided has been falsified to the SBA as seen attached above per Page 5! Please review the two (SBA Loan Analysis Presentations) showing the Fraud committed by Santa Barbara Bank & Trust/FBSLO
I am officially requesting of the SBA for a copy of the Original August 27, 2003 (U.S. Small Business Administration SBA Form 4, Schedule A)! Please note that attached above are two copy’s in my possession. Which copy has the SBA Received? When was this received by the SBA?
I am officially requesting of the SBA for a copy of the Original SBA Form 159 signed 8/27/2003 by Casey Appell, Myself and Daniela Medrano. This form should have SBA Form 4 Schedule A, attached with it!
The U.S. Small Business Administration National Guaranty Purchase Center, has provided an October 6, 2003 Environmental Questionnaire for the 470 Price Street property done on the date of signing the Deed of Trust. Please provide any and all SBA approval documents for the 470 Price Street property and the date that this questionnaire should have been filled out for SBA approval of the 470 Price Street property? Please explain as to why at the top of this questionnaire the Pismo Beach Dive Shop is not named or Plumerias Garden & Gifts?
Please provide a copy of the August 28, 2003 (Lender Checklist for Submitting PLP Loan Requests) This checklist has not been provided by the U.S. Small Business Administration National Guaranty Purchase Center! Please provide a copy of # C. ( Copy of “Supplemental Information for PLP Submission” (VER 7/10/02) ?
Please provide a copy of # D. “(Original or Facsimile of “Eligibility Information Required for PLP Submission” VER 1/25/02)” Please provide a copy to the “(a copy of schedule on page 2 of SBA Form 4 or a separate schedule containing the same information).”
With the Fraud and Breach of Contract, that has been committed by Santa Barbara Bank & Trust, per the August 29, 2003 Authorization (SBA Guaranteed Loan). Please provide a copy of the August 27, 2003 (Loan Committee Presentation Report) showing only the Oceano Nursery property pledged for SBA Loan # PLP 664-196-4009. Please provide a copy of the October 1, 2003 (Loan Committee Presentation Report)! Or Explain as to if these are in SBA Possession?
Please provide a copy of the August 28, 2003 eleven page fax to or from the SBA at 10:50 am to 1-916-930-2160 per lender checklist for submitting PLP Loan Requests.
Please provide any and all Field Visit reports for Oceano Nursery (SBA Field Visit Doc (3/00)
Again, I am making a public records request under the Freedom of Information act for copies of any and all SBA, First Bank of San Luis Obispo, Pacific Capital Bank or Santa Barbara Bank & Trust documents from 2003 to present, regarding the SBA guaranteed loan, Oceano Nursery, identified under SBA Loan PLP 664-196-4009.
August 28, 2003 Hien Hguyan, Senior Loan Officer of the Sacramento SBA Loan Processing Center writes a letter to Clay Appleton per SBA Loan Application. August 29, 2003 SBA Sacramento Loan Processing Center Rosa Walton writes Clay Appleton noting that the SBA had received request for Loan Number! August 29, 2003 Rosa Walton writes Clay Appleton stating that the SBA had generated PLP 664-196-4009 (“RE: Oceano Nursery”) Please provide the original documents sent to the SBA per the Oceano Nursery SBA Loan and its approval! Attached is the copy received October 6, 2003 upon signing SBA loan documents for Oceano Nursery PLP-664-196-4009!
How can SBA lenders change out the middle of their signed documents as seen in the original August 29, 2003 “(Authorization (SBA Guaranteed Loan)”? See page 5 attached! Please provide any and all documents in the SBA Possession!
In the SBA Loan Analysis Presentation dated August 20, 2003. How can Santa Barbara Bank & Trust change page 1? Why would the SBA not want to pay off the $300,000.00 balloon payment First on the 470 Price Street property as revised on October 1, 2003 as noted on Page four of the changed Santa Barbara Bank & Trust SBA Loan Analysis Presentation dated August 20, 2003? Please provide any and all documents in the SBA Possession!
Please provide the SBA approval for the 470 Price Street property and the date that the SBA approved this property for SBA Loan # PLP 664-196-4009!
Please provide a detailed list of all documents that the SBA has not provided per the Freedom of Information Act. I believe the SBA has stated that they are in possession of Appraisals, Environmental Reports etc.
Sincerely
Bill Bookout
Oceano Nursery SBA Loan # PLP 664-196-4009
CC James Bryant, Carrie Ellinwood, Paul Tavernia, Essie Gilchrist, Jim Oneal, Carlos Mendoza, Kristan Ingebretsen and Terrill K. Ashker
CC Grady Hedgespeth, Asso. Administrator for Financial Assistance, Shawn McKeehan, Special Assistant, Dave Fishman, Glenn P. Harris, Counsel to the Inspector General, Martin Gold, Deputy National Ombudsman, Eric Adams, Lorenzo J. Flores, Richard Taylor, Center Director, Anthony J. Vigil, Deputy District Director, Rachel Baranick, Deputy District Director, Blossom V. Butcher-Sumner
From: Bill Bookout [mailto:Pismobeachdiveshop@charter.net]
Sent: Saturday, October 01, 2011 5:23 PM
To: 'Ashker, Terrill K.'
Cc: 'Mendoza, Carlos G.'; 'OIGHotline@sba.gov'; 'Hobby, Jill C.'; 'San Diego General Box'; 'Bob Johnston'; 'Bryant, James A.'; 'Ellinwood, Carrie R.'; 'Tavernia, Paul J.'; 'Gilchrist, Essie J.'; 'O'Neal, Jim'; 'Ingebretsen, Kristan L.'; 'crigley@newtimesslo.com'; 'rmiller@newtimesslo.com'; 'dvallely@co.slo.ca.us'; 'sbcountyda@co.santa-barbara.ca.us'; 'ctrimble@pismobeach.org'; 'Richard Rossi'; 'grady.hedgespeth@sba.gov'; 'christopher.mckeehan@sba.gov'; 'lisa.babcock@sba.gov'; 'david.fishman@sba.gov'; 'glenn.harris@sba.gov'; 'sadie.lowe@sba.gov'; 'martin.gold@sba.gov'; 'cynthia.pope@sba.gov'; 'eric.adams@sba.gov'; 'edwin.joe@sba.gov'; 'lorenzo.flores@sba.gov'; 'richard.taylor@sba.gov'; 'frank.pucci@sba.gov'; 'anthony.vigil@sba.gov'; 'rachel.baranick@sba.gov'; 'dace.pavlovskis@sba.gov'
Subject: RE: 470 Price Street, Pismo Beach SBA Fraud and Environmental Phase 1
October 1, 2011 OIG complaint ID # 20110484
U. S. Small Business Administration
SBA Legal Council
Sacramento District Office
6501 Sylvan Road, Suite 100
Citrus Heights, Ca 95610
Dear Mr. Ashker Terrill and Jill Hobby
Thank you for U. S. Small Business Administration response September 30, 2011 “Also, your allegations of wrong doing committed by your lender have been duly noted, and you will be informed of SBA’s findings in due course.”
Please answer the following questions of the U. S. Small Business Administration per the actions by Santa Barbara Bank & Trust. Please review the website www.sbbtfraud.com along with www.sbaquestions.net for PDF files of Santa Barbara Bank & Trusts actions since 2003.
1) Does the SBA normally allow their SBA lenders to not properly amortize their SBA loans as Santa Barbara Bank & Trust has admitted to doing on May 6, 2011 and May 19, 2011?
2) Are SBA lenders, legally allowed on SBA business loans to overcharge their SBA borrowers by $247.00 per month of business working capital against SBA Form 147 Note?
3) Is it normal for California, SBA lenders to obtain SBA approval on SBA loans and then change out the middle of the SBA Authorization as has been done with SBA loan # PLP # 664-196-4009-- Approved by the SBA on August 29, 2003?
4) In the Oceano Nursery SBA Loan Deed of Trust dated October 6, 2003 on page four a provision to fight Inverse Condemnation and Eminent Domain, under (Condemnation). Is it normal for all SBA loans to have to fight Inverse Condemnation? This requirement should make Santa Barbara Bank & Trust liable for any judgments by the County of San Luis Obispo, OCSD, Caltrans or Union Pacific Rail Road. Who is responsible for this requirement and now liens? The SBA or Santa Barbara Bank & Trust? Please view the website www.governorjerrybrown.net
5) When the SBA Loan for Oceano Nursery was approved by the SBA on August 29, 2003. Did the SBA require a Phase 1 for the old Oceano Nursery Gas Station?
6) When did the SBA approve the 470 Price Street property for PLP # 664-196-4009?
7) Was any environmental investigation required by the SBA for the 470 Price Street property in 2003, if this was approved by the SBA?
8) Are SBA Lender responsible for Environmental investigations with the 470 Price Street Gas Station property?
9) Why did the SBA not pay off the Balloon payment on the 470 Price Street property, when they approved the changing of August 29, 2003 signed ( Authorization SBA Guaranteed Loan) ?
10) Can the SBA provide a copy of the August 28, 2003 (Lender Checklist for Submitting PLP Loan Requests) as signed by Clay Appleton on August 28, 2003? The copy that I have aquired does not show the Pismo Beach property business’s listed!
11) In the August 27, 2003 signed (U.S. Small Business Administration Lender’s Application For Guaranty Or Participation) When was SBA Form , Schedule A changed by Santa Barbara Bank & Trust adding the 470 Price Street property? I have two copies with different information! One signed August 28, 2003 by Clay Appleton, Steve Mathis and on the other (Copy) at the top with Casey Appell and Steve Mathis typed in. Which is the correct SBA Loan document?
12) How did Daniela Medrano and Casey Appell put SBA Loan # PLP 664-196-1009 at the top of the signed SBA Form 159 on August 27, 2003 as the SBA did not approve this SBA Loan until August 29, 2003?
13) In the SBA Form 413 dated August 27, 2003 typed by the Bank. Please explain as to how the 470 Price Street property was pledged as collateral?
14) In the SBA Form 413 dated August 27, 2003 (Schedule Of Real Estate). Please have the SBA explain as to why the SBA did not pay off the Balloon payment of $300,000.00 on the 470 Price Pismo Beach, Property?
15) In the SBA Form 413 dated August 27, 2003 (Schedule Of Real Estate). Please explain as to why the SBA did not pay off the Balloon payment on the three lots next to 1921 Cienega property paid off in the 2003 SBA Loan? This property was supposed to be used for the Second Nursery Location In Oceano as noted by FBSLO.
16) Does the SBA allow all SBA Lenders to change out the middle of their (SBA Loan Analysis Presentations) as seen in two different August 20, 2003 SBBT presentations as seen at www.sbbtfraud.com ?
17) In the Second August 20, 2011 (SBA Loan Analysis Presentation) as seen at www.sbbtfraud.com stating: “The working capital loan to be paid-off is secured by the commercial real estate used for the second business location at 470 Price Street, Pismo Beach Ca. This loan was obtained on 1/03 for inventory and business working capital purposes.” Why did the SBA not pay off the $375,000.00 borrowed on this 470 Price Street property and 631 Lake Street property as disclosed to FBSLO?
18) In the FBSLO two (Loan Committee Presentation Reports dated 10/1/03 and 8/27/03. Was the SBA notified of the changes made on 10/1/03? If So was a Phase 1 Required for the 470 Price Street property?
19) In 2007 Santa Barbara Bank & Trust Appraised the Oceano Nursery property at $530,000.00. Why would the SBA and SBBT need to have my personal residence at 631 Lake Street that was used to borrower money to make Mortgage payments to SBBT as additional Collateral in the 2007 Forbearance Agreement? It had been disclosed to FBSLO that $75,000.00 was borrowed prior on the 631 Lake Street house for Oceano Nursery!
20) With the July 2, 2007 Appraisal of $530,000.00 on the Oceano Nursery property. Why would the SBA and Santa Barbara Bank & Trust still need the 470 Price Street property as collateral?
21) Why was the Oceano Nursery appraisal completed after the signed 2007 Forbearance and Workout Agreement? The Appraiser Bruce Beaudoin, at this point Mentions the ODIC Environmental on the Oceano Nursery property and not the Pismo Beach Property!
22) Why was the 470 Price Street appraisal completed after the signed 2007 Forbearance and Workout Agreement?
23) Why was the 470 Price Street, ODIC Environmental Phase 1 not available to Bruce Beaudoin, per his July 2, 2007 Appraisal of the 470 Price Street property Under (“Requirements And Conditions of Appraisal”)? Mr. Beaudoin, stated: “A Phase 1 Environmental Assessment was unavailable.” “For purposes of this appraisal, it is assumed that no hazardous-toxic contamination has occurred. Therefore, the cost of cleanup, abatement, encasement and/or remediation and its effects on value have not been considered.”
24) Why was ODIC Environmental unable to find 470 Price street property records as seen in the appraisal by Bruce Beaudoin, dated July 2, 2007?
25) Why was Bruce Beaudoin, not provided a Phase 1 Environmental Report from Santa Barbara Bank & Trust, per his 470 Price Street July 2, 2007 Appraisal?
26) Is Santa Barbara Bank & Trust allowed to Falsify Lender documents in their ODIC Environmental Reports as seen in the June 20, 2007 Phase 1?
U. S. Small Business Administration, again thank you for your help in this matter that has put Oceano Nursery out of business in Oceano by Santa Barbara Bank & Trust.
I am hoping to once again Re-Open Oceano Nursery and the SBA’s help is needed with the Fraud and Breach of Contract that has been committed by Santa Barbara Bank & Trust.
Please answer the above public questions of the U.S. Small Business Administration. Again, Terrill K. Ashker has stated September 30, 2011. “Also, your allegations of wrong doing committed by your lender have been duly noted, and you will be informed of SBA’s findings in due course.” Please see that the SBA responds to all of the SBA questions asked above within 4 Days as this information will be needed October 12, 2011.
Sincerely
Bill Bookout
CC James Bryant, Carrie Ellinwood, Paul Tavernia, Essie Gilchrist, Jim Oneal, Carlos Mendoza, Kristan Ingebretsen and Terrill K. Ashker
CC Richard Rossi
CC Grady Hedgespeth, Asso. Administrator for Financial Assistance, Shawn McKeehan, Special Assistant, Dave Fishman, Glenn P. Harris, Counsel to the Inspector General, Martin Gold, Deputy National Ombudsman, Eric Adams, Lorenzo J. Flores, Richard Taylor, Center Director, Anthony J. Vigil, Deputy District Director, Rachel Baranick, Deputy District Director
From: Ashker, Terrill K. [mailto:terrill.ashker@sba.gov]
Sent: Friday, September 30, 2011 11:54 AM
To: Bill Bookout
Cc: Mendoza, Carlos G.; OIGHotline@sba.gov; Hobby, Jill C.; San Diego General Box; Bob Johnston; Bryant, James A.; Ellinwood, Carrie R.; Tavernia, Paul J.; Gilchrist, Essie J.; O'Neal, Jim; Ingebretsen, Kristan L.; crigley@newtimesslo.com; rmiller@newtimesslo.com; dvallely@co.slo.ca.us; sbcountyda@co.santa-barbara.ca.us; ctrimble@pismobeach.org; Richard Rossi; Robert Forouzandeh
Subject: RE: 470 Price Street, Pismo Beach SBA Fraud and Environmental Phase 1
Mr. Bookout:
As I have informed you on numerous previous occasions, it is SBA’s policy that all participating lenders must service and, when necessary, liquidate their SBA-guaranteed loans. This means that you must submit your request to have the 470 Price Street property removed as collateral for your loan to your lender. SBA will not have any involvement in such a servicing matter unless your lender tentatively decides to approve your request, but not unless its decision is approved by SBA. In this event, your lender will contact SBA directly.
Also, your allegations of wrong doing committed by your lender have been duly noted, and you will be informed of SBA’s findings in due course. Please be reminded once again, however, that it is your responsibility to protect your rights & property interests. To that end, I believe that you have retained the professional legal services of Mr. Richard Rossi. It is best that any further inquiries directed to SBA originate with Mr. Rossi.
Terrill K. Ashker
SBA Fresno District Counsel (Acting)
From: Bill Bookout [mailto:Pismobeachdiveshop@charter.net]
Sent: Friday, September 30, 2011 2:00 PM
To: 'Bob Johnston'
Cc: 'Carlos.Mendoza@sba.gov'; 'OIGHotline@sba.gov'; 'Hobby, Jill C.'; 'sandiego@sba.gov'; 'Bob Johnston'; 'james.bryant@sba.gov'; 'carrie.ellinwood@sba.gov'; 'paul.tavernia@sba.gov'; 'essie.gilchrist@sba.gov'; 'jim.oneal@sba.gov'; 'kristan.ingebretsen@sba.gov'; 'crigley@newtimesslo.com'; 'rmiller@newtimesslo.com'; 'dvallely@co.slo.ca.us'; 'sbcountyda@co.santa-barbara.ca.us'; 'ctrimble@pismobeach.org'; 'Richard Rossi'; 'pismobeachsurfshop@hotmail.com'; 'lol@rsmediate.com'; 'Ashker, Terrill K.'
Subject: RE: 470 Price Street, Pismo Beach SBA Fraud and Environmental Phase 1
September 30, 2011 OIG complaint ID # 20110484
Bob Johnston
Asset Manager
Westdale Capital, Ltd.
3300 Commerce, Dallas, TX 75226
Main Phone: 1-877-828-1823 x 26
Direct Phone: 214-760-1669 x 26
Dear Mr. Johnson,
As Westdale Capital has the 1st on the 470 Price Street property. What is your opinion as to the email below from the SBA Terrill K. Ashker and ODIC Environmental? I have put on the website www.sbbtfraud.com both of the 2007 Phase 1 Reports done by ODIC Environmental. I have also posted the documents that Santa Barbara Bank & Trust switched out after receiving SBA approval on the Oceano Nursery SBA Loan on August 29, 2003.
Is it legal in Texas for a SBA lender to switch out the middle of SBA Authorization documents?
The SBA and the OIG complaint ID # 20110484 now have full knowledge that the Phase 1 Report for the 470 Price Street has not been done properly. The Gas Station is seen next to this 1949 Photo in the middle section of this property! Please review emails below
Terrill K. Ashker, Comment I believe is good as the SBA is now aware of problems with the Pismo Beach Property! Mr. Ashker States to ODIC Environmental: “If it ever becomes necessary for the Small Business Administration (SBA) to contact ODIC Environmental concerning any environmental reports it performed which relate to Bill Bookout and his SBA loan, please rest assured that the Agency will contact you directly.”
I have stopped all communication with ODIC Environmental and am letting the SBA attached above handle this Environmental problem on the 470 Price Street property.
The above attachment is part of Page 166 of the 2007 Oceano Nursery ODIC Environmental report. This Report has an email from Sandra Sheffield showing the only Environmental done in 2003 was a questionnaire for Oceano Nursery and not the 470 Price Street Pismo Beach Property. This report can be seen at www.sbbtfraud.com
Sincerely
Bill Bookout
CC James Bryant, Carrie Ellinwood, Paul Tavernia, Essie Gilchrist, Jim Oneal, Carlos Mendoza, Kristan Ingebretsen and Terrill K. Ashker
CC Richard Rossi
From: Bill Bookout [mailto:Pismobeachdiveshop@charter.net]
Sent: Friday, September 30, 2011 6:43 AM
To: 'Ashker, Terrill K.'
Cc: 'Carlos.Mendoza@sba.gov'; 'OIGHotline@sba.gov'; 'Hobby, Jill C.'; 'Ashker, Terrill K.'; 'sandiego@sba.gov'; 'Bob Johnston'; 'james.bryant@sba.gov'; 'carrie.ellinwood@sba.gov'; 'paul.tavernia@sba.gov'; 'essie.gilchrist@sba.gov'; 'jim.oneal@sba.gov'; 'kristan.ingebretsen@sba.gov'; 'crigley@newtimesslo.com'; 'rmiller@newtimesslo.com'; 'dvallely@co.slo.ca.us'; 'sbcountyda@co.santa-barbara.ca.us'; 'ctrimble@pismobeach.org'; 'Richard Rossi'
Subject: RE: 470 Price Street, Pismo Beach SBA Fraud and Environmental Phase 1
September 30, 2011 OIG complaint ID # 20110484
SBA Legal Council
Sacramento District Office
6501 Sylvan Road, Suite 100
Citrus Heights, Ca 95610
Dear Mr. Ashker Terrill and Jill Hobby
SBA Fresno District Legal Council
Thank you, for your response to ODIC Environmental on September 29, 2011 at 11:37 am. Attached is the June 20, 2007 Falsified Phase 1 Report by ODIC Environmental.
It is important that the SBA handle this June 20, 2007 Phase 1 Report on my Pismo Beach property that was falsified using my name. In 2003 Santa Barbara Bank & Trust/FBSLO falsified documents to the SBA attaching my Pismo Beach Property to this SBA Loan. The documents that SBBT/FBSLO changed after SBA approval PLP-664-196-4009 are seen at www.sbbtfraud.com
I am asking the SBA to immediately remove the 470 Price Street property from my SBA Loan.
PLP # 664-196-4009-- Approved by the SBA on August 29, 2003 without asking any Environmental Questions of the 470 Price Street, Pismo Beach Property. This SBA approval comes after the signed SBA documents are changed out by Santa Barbara Bank & Trust/First Bank of San Luis Obispo as known to the SBA and the OIG complaint ID # 20110484
Sincerely
Bill Bookout
CC James Bryant, Carrie Ellinwood, Paul Tavernia, Essie Gilchrist, Jim Oneal, Carlos Mendoza, Kristan Ingebretsen and Terrill K. Ashker
CC Richard Rossi
CC Chris Trimble PBPD
From: Ashker, Terrill K. [mailto:terrill.ashker@sba.gov]
Sent: Thursday, September 29, 2011 11:37 AM
To: ericmiller@odicenv.com
Cc: hkim@odicenv.com; leecomer@odicenv.com; marissav@odicenv.com; melk@odicenv.com; klarson@odicenv.com; minac@odicenv.com; duncananderson@odicenv.com; jwinkler@odicenv.com; Mendoza, Carlos G.; OIGHotline@sba.gov; Hobby, Jill C.; San Diego General Box; Bob Johnston; Bryant, James A.; Ellinwood, Carrie R.; Tavernia, Paul J.; Gilchrist, Essie J.; O'Neal, Jim; Ingebretsen, Kristan L.; crigley@newtimesslo.com; rmiller@newtimesslo.com; Bill Bookout
Subject: RE: Price Street, Pismo Beach
Good Morning, Mr. Miller:
If it ever becomes necessary for the Small Business Administration (SBA) to contact ODIC Environmental concerning any environmental reports it performed which relate to Bill Bookout and his SBA loan, please rest assured that the Agency will contact you directly.
If you have any questions, please contact me by return email.
Terrill K. Ashker
SBA Fresno District Counsel (Acting)
Oceano Nursery SBA 2003 Loan (ODIC Environmental Report Oceano Nursery PDF) In the 2003 SBA loan signed with Santa Barbara Bank & Trust. The 470 Price Street property was not supposed to be used as collateral and No environmental was done to use this property for a SBA loan. SBBT Changed out the middle of the SBA Authorization dated August 29, 2003 and then committed fraud with their actions.
In 2007 Santa Barbara Bank & Trust Falsified a June 20, 2007 PHASE I ENVIRONMENTAL SITE ASSESSMENT on the 470 Price Street property by providing false documents to ODIC Environmental. The SBA is now aware of Santa Barbara Bank & Trust actions.
In 2003 Santa Barbara Bank & Trust falsified the Oceano Nursery SBA Loan on August 29, 2003. In this Fraud, Santa Barbara Bank & Trust would switch out the middle of the SBA approved documents and then ad the 470 Pismo Beach Dive Shop property as additional collateral going against SBA Rules and Environmental requirements. Santa Barbara Bank & Trust would acknowledge a First position loan on the 470 Price Street property, but ignored the higher interest rate and the Balloon payment on this prior approved, Oceano Nursery SBA Loan. SBBT Changed Documents PDF
Santa Barbara Bank & Trust in August of 2003 had full knowledge that the Pismo Beach property had once been a gas station prior along with a laundry mat. However, after receiving SBA Approval on the Oceano Nursery property Santa Barbara Bank & Trust switched out the middle of the August 29, 2003 SBA Authorization for the Oceano Nursery property and added the 470 Price Street, Pismo Beach Property! At this time no Phase 1 was done on the Pismo Beach Property against SBA rules, Nor was a Phase 1 done on the Oceano Nursery Property.
In 2007 a loan modification was made by Santa Barbara Bank & Trust that resulted in two ODIC Environmental Phase 1 reports on the Oceano Nursery Property and the 470 Pismo Beach Dive Shop Property. ODIC Environmental in the Pismo Beach Phase 1 would use Aerial Photos of another property and claim that the 470 Price Street property had been vacant for many years when in fact the Pismo Beach Dive Shop property was a working Gas Station and laundry Mat during the years claimed by ODIC Environmental!
ODIC States: “The subject property was developed as early as 1927 according to property profile The aerial photograph depicts the subject site developed with what appears to be a residential dwelling at the northern central portion of the subject site lot. The immediate vicinity is depicted as residentially developed in aerial photo 1939. Subsequent aerial photographs show the property as vacant land in 1956 until, 1966 when the two buildings consistent with current layout are depicted at the subject site.”
In the ODIC Environmental June 20, 2007 report Santa Barbara Bank & Trust falsified the (USER Questionnaire for AUL) Page 9 and 10 as no Questionnaire was ever filled out on the 470 Price Street Gas Station property by Bill Bookout. In the Appendix F on Page 168 and 169 again is falsified by Santa Barbara Ban
From: Bill Bookout [mailto:Pismobeachdiveshop@charter.net] September 30, 2011 OIG complaint ID # 20110484 SBA Legal Council Sacramento District Office 6501 Sylvan Road, Suite 100 Citrus Heights, Ca 95610 Dear Mr. Ashker Terrill and Jill Hobby SBA Fresno District Legal Council Thank you, for your response to ODIC Environmental on September 29, 2011 at 11:37 am. Attached is the June 20, 2007 Falsified Phase 1 Report by ODIC Environmental. It is important that the SBA handle this June 20, 2007 Phase 1 Report on my Pismo Beach property that was falsified using my name. In 2003 Santa Barbara Bank & Trust/FBSLO falsified documents to the SBA attaching my Pismo Beach Property to this SBA Loan. The documents that SBBT/FBSLO changed after SBA approval PLP-664-196-4009 are seen at www.sbbtfraud.com I am asking the SBA to immediately remove the 470 Price Street property from my SBA Loan.
PLP # 664-196-4009-- Approved by the SBA on August 29, 2003 without asking any Environmental Questions of the 470 Price Street, Pismo Beach Property. This SBA approval comes after the signed SBA documents are changed out by Santa Barbara Bank & Trust/First Bank of San Luis Obispo as known to the SBA and the OIG complaint ID # 20110484 Sincerely Bill Bookout
CC James Bryant, Carrie Ellinwood, Paul Tavernia, Essie Gilchrist, Jim Oneal, Carlos Mendoza, Kristan Ingebretsen and Terrill K. Ashker CC Richard Rossi CC Chris Trimble PBPD From: Ashker, Terrill K. [mailto:terrill.ashker@sba.gov] Good Morning, Mr. Miller:
If it ever becomes necessary for the Small Business Administration (SBA) to contact ODIC Environmental concerning any environmental reports it performed which relate to Bill Bookout and his SBA loan, please rest assured that the Agency will contact you directly.
If you have any questions, please contact me by return email.
Terrill K. Ashker SBA Fresno District Counsel (Acting) From: Bill Bookout [mailto:Pismobeachdiveshop@charter.net] September 28, 2011 OIG complaint ID # 20110484 SBA Legal Council Sacramento District Office 6501 Sylvan Road, Suite 100 Citrus Heights, Ca 95610 Dear Mrs. Hobby and SBA Legal Counsel attached I have received a threatening phone, calls from Mr. Eric Miller – President, ODIC Environmental for the questions asked below of ODIC Environmental. All future communication with ODIC Environmental and their Environmental Phase 1 of the 470 Price Street property will now have to be investigated by the SBA and the OIG per the August 29, 2003 PLP 664-196-4009 loan approved by the SBA. I am now asking the SBA and the OIG complaint ID # 20110484 for the answers to all of the questions asked below of ODIC Environmental per the 470 Price Street property June 20, 2007 PHASE I ENVIRONMENTAL SITE ASSESSMENT. And OIG complaint ID # 20110484 Pismo Beach Police Department Corporal Chris Trimble at 1-805-596-5483 has taken a report Case # 11-1577. Mr. Trimble has viewed the numerous phone calls from Eric Miller – President, ODIC Environmental at Cell Phone: 213-999-1871 Sincerely Bill Bookout
CC James Bryant, Carrie Ellinwood, Paul Tavernia, Essie Gilchrist, Jim Oneal, Carlos Mendoza, Kristan Ingebretsen and Terrill K. Ashker From: Bill Bookout [mailto:Pismobeachdiveshop@charter.net] September 27, 2011 OIG complaint ID # 20110484 Eric Miller – President, ODIC Environmental ODIC Environmental 3255 Wilshire BLVD. Suite 1510 Los Angeles, Ca 90010 Cell Phone: 213-999-1871 Dear Mr. Eric Miller – President, ODIC Environmental Attached above are a few more SBA Officials that need to understand the 2007 ODIC Environmental Report that has been done by your company for my 470 Price Street property. Please copy your answers back to James Bryant, Carrie Ellinwood, Paul Tavernia, Essie Gilchrist, Jim Oneal, Carlos Mendoza and Kristan Ingebretsen and Jill Hobby along with myself. In reviewing the 2007 ODIC Environmental Report a little more. Please provide the SBA attached a copy of the Environmental Site Assessment Questionnaire mentioned by ODIC on Page 25 as stated by Mr. Ganzer! “Mr. Ganzer was provided with an Environmental Site Assessment Questionnaire. A copy of the questionnaire is included in the appendices of this report” Who filled out this Environmental Site Assessment Questionnaire? Please explain this statement by Mr. Ganzer as the photos of the property where provided to ODIC! “He is not aware of any underground tanks (other than the clarifier), structures, sumps, pits, subsurface formations or any other adverse environmental conditions associated with the subject site.” This Photo in a larger version was provided to ODIC Environmental in 2007! ODIC Page 25. Report as stated by ODIC. “4.10 INTERVIEWS Mr. Bill Bookout at Subject site owner, accompanied ODIC’s field inspector during site reconnaissance and filled out the environmental questionnaire. To his knowledge, no environmental concern is present in association with the subject property. Listed below is a summary of the interview conducted with Mr. Bookout : Mr. Bookout has owned the property for approximately seven years Mr. Ganzer indicated he does not currently, or has in the past, discard any hazardous materials into the sewer or upon any surface of the site. Mr. Ganzer indicated that during the time he has owned the site he was not aware of any incidents of significant spills of hazardous materials or any documented response by the Fire Department or LA County Environmental Health. He is not aware of any underground tanks (other than the clarifier), structures, sumps, pits, subsurface formations or any other adverse environmental conditions associated with the subject site. Mr. Ganzer was provided with an Environmental Site Assessment Questionnaire. A copy of the questionnaire is included in the appendices of this report” From: Bill Bookout [mailto:Pismobeachdiveshop@charter.net] September 27, 2011 OIG complaint ID # 20110484 Eric Miller – President, ODIC Environmental ODIC Environmental 3255 Wilshire BLVD. Suite 1510 Los Angeles, Ca 90010 Cell Phone: 213-999-1871 Dear Mr. Eric Miller – President, ODIC Environmental Please explain to the SBA attached above (Carlos Mendoza, Jill Hobby, Terill K. Asher, the OIG) and myself as to why ODIC would State: “The subject property was developed as early as 1927 according to property profile The aerial photograph depicts the subject site developed with what appears to be a residential dwelling at the northern central portion of the subject site lot. The immediate vicinity is depicted as residentially developed in aerial photo 1939. Subsequent aerial photographs show the property as vacant land in 1956 until, 1966 when the two buildings consistent with current layout are depicted at the subject site.”
Please explain to the SBA attached above (Carlos Mendoza, Jill Hobby, Terill K. Asher, the OIG) and myself as to why ODIC Environmental in 2007 would not show the 470 Price Street property in the Aerial photos in the June 20, 2007 ODIC PHASE I ENVIRONMENTAL SITE ASSESSMENT attached? This Photo in a larger version was provided to ODIC Environmental in 2007! PLP # 664-196-4009-- Approved by the SBA on August 29, 2003 without asking any Environmental Questions of the 470 Price Street, Pismo Beach Property. This SBA approval comes after the signed SBA documents are changed out by Santa Barbara Bank & Trust/First Bank of San Luis Obispo as known to the SBA and the OIG complaint ID # 20110484 Please inform the SBA attached above (Carlos Mendoza, Jill Hobby, Terill K. Asher and the OIG) as to who filled out the “User/Customer Questionnaire” for the Pismo Beach 470 Price Street property used by ODIC in the 2007 Phase 1 Report? I believe you had stated yesterday that this information was provided by Sandra Sheffield? Is this Correct? Sincerely Bill Bookout From: Bill Bookout [mailto:Pismobeachdiveshop@charter.net] September 26, 2011 OIG complaint ID # 20110484 Eric Miller – President, ODIC Environmental ODIC Environmental 3255 Wilshire BLVD. Suite 1510 Los Angeles, Ca 90010 Cell Phone: 213-999-1871 Dear Mr. Eric Miller – President, ODIC Environmental Thank you for taking my call today. Attached above is the California SBA and the OIG who need to have full knowledge of the 2007 ODIC Environmental report that shows the wrong property for the 470 Pismo Beach property. The ODIC Environmental States: “The subject property was developed as early as 1927 according to property profile The aerial photograph depicts the subject site developed with what appears to be a residential dwelling at the northern central portion of the subject site lot. The immediate vicinity is depicted as residentially developed in aerial photo 1939. Subsequent aerial photographs show the property as vacant land in 1956 until, 1966 when the two buildings consistent with current layout are depicted at the subject site.”
Eric Miller, Again, I trust that your company would want to correct and clarify your 2007 ODIC Environmental reports as explained by Bob Johnson of Westdale Capital to myself. Please remember that I have paid $3,800.00 for false ODIC Environmental reports with the wrong property shown in by ODIC in the 2007 environmental report as stated by ODIC. “Subsequent aerial photographs show the property as vacant land in 1956 until, 1966 when the two buildings consistent with current layout are depicted at the subject site.”
The “User/Customer Questionnaire” for the Pismo Beach 470 Price Street property on Page 9 and 10 have been falsified as they state they have been completed by myself! I am asking the ODIC for the document used by the ODIC in 2007 showing how the ODIC has come up with the answers to Page 9 and 10 of the ODIC 2007 environmental report? Is this document, the fax to the ODIC from Pacific Capital Bank on May 29, 2007 stating “Attn; Marissa”? I realize that Santa Barbara Bank & Trust has falsified documents to the ODIC, however the ODIC, using the wrong photos does not look good to the SBA or the OIG, that will be reviewing Santa Barbara Bank & Trust actions since 2003; in how SBBT acquired the 470 Price Street property after obtaining SBA approval on only the Oceano Nursery property as seen at www.sbbtfraud.com Sincerely Bill Bookout From: Bill Bookout [mailto:Pismobeachdiveshop@charter.net] September 26, 2011 ODIC Environmental 3255 Wilshire BLVD. Suite 1510 Los Angeles, Ca 90010 Marissa Villarreal, Lee Comer and John Winkler I have attached my most recent correspondence below to ODIC Environmental and have talked with Lee Comer regarding the Santa Barbara Bank & Trust Fraud in the information that they had provided to ODIC Environmental in 2007. Bob Johnson, of Westdale Capital who has the first position loan on the 470 Price Street property has responded today stating: “I have received what you sent this morning, including the 2007 Report. And, yes we had at least portions of the report in the files obtained from Heritage Oaks Bank. I haven’t yet had time to review the contents of the Reports but will do so as time permits.
I’m uncertain how or for what purpose this 2007 Report is currently being used so I have little advise to offer. From your correspondence, it appears that you or someone may have also engaged a 2011 Report that, I’m assuming, must be in conflict with the 2007 Report. That being the situation, I would assume that the latest report should be treated as the most factual yet, if these two reports were promulgated from the same environmental company, they should be asked to clarify the differing findings with explanations on why these differences occurred and with substantiation of why the latest is the correct representations.” Marissa Villarreal, Lee Comer and John Winkler at this time I am asking ODIC Environmental for a refund of the $3,800.00 charged me for the incorrect ODIC Environmental 2007 reports and ask that the ODIC Environmental voluntarily provide the corrected and most recent ODIC Environmental Reports to myself and Westdale Capital along with the SBA and OIG attached! I trust that your company would want to correct and clarify your 2007 ODIC Environmental reports as explained above by Bob Johnson of Westdale Capital to myself the SBA and the OIG attached. Please remember that I have paid $3,800.00 for false ODIC reports with the wrong property shown in the ODIC 2007 environmental report as stated by ODIC. “Subsequent aerial photographs show the property as vacant land in 1956 until, 1966 when the two buildings consistent with current layout are depicted at the subject site.” Sincerely Bill Bookout From: Marissa Villarreal [mailto:marissav@odicenv.com] Good Morning Mr. Bookout, Thank you for your email. I spoke with my director of operations, Lee Comer, in regards to this project. We are only authorized to release environmental reports to the parties who order them. If you like, I can contact Santa Barbara Bank & Trust to see if they will authorize the release of the reports. Please advise how you wish to proceed; thank you. Marissa Villarreal Customer Service ---------------------------------- Odic Environmental & Energy From: Bill Bookout [mailto:Pismobeachdiveshop@charter.net] September 26, 2011 ODIC Environmental 3255 Wilshire BLVD. Suite 1510 Los Angeles, Ca 90010 Marissa Villarreal and John Winkler CA REA, California Professional Geologist No. 7456 Re: Santa Barbara Bank & Trust Fraud committed to ODIC per the 470 Pismo Beach, Price Street property, June 20, 2007 Environmental Report paid for from Expense Holding Account # 101591626 June 22, 2007. Marissa Villarreal and John Winkler, Can you send me and the SBA (OIG) (Jill C. Hobby, Carlos Mendoza and Westdale Capital) attached above, a copy of the 2011 ODIC Report on the 470 Pismo Beach Property? In the 2007 ODIC Report Santa Barbara Bank & Trust falsified information to the ODIC per the known Gas Station on this property. Please review the fax dated 5/25/2007 from Pacific Capital Bank in the ODIC 2007 report attached. ODIC was paid $1900.00 on June 22, 2007 for the 2007 ODIC report from Oceano Nursery business working capital and this report should have been correct and accurate at this time. Please provide Westdale Capital attached above all ODIC reports as they hold the First on this property with a (Balloon Payment) that matures on March 15, 2017 at 8.75%. Santa Barbara Bank & Trust did not take this loan Balloon payment into account when they falsified information to the SBA in 2003 and when they falsified information to ODIC in 2007! Please note that the photos used by ODIC in 2007 are not of the 470 Price Street property in 1949, 1956, and 1939. 1940 Sanborn chart shows the Gas Station not mentioned in the 2007 ODIC Report. This mistake made could be because of the “User/Customer Questionnaire” Falsified by Santa Barbara Bank & Trust” faxed to “Marissa” on May 29, 2007. Please note that this property has been in use since 1927! The Statement by ODIC below is false! “The subject property was developed as early as 1927 according to property profile The aerial photograph depicts the subject site developed with what appears to be a residential dwelling at the northern central portion of the subject site lot. The immediate vicinity is depicted as residentially developed in aerial photo 1939. Subsequent aerial photographs show the property as vacant land in 1956 until, 1966 when the two buildings consistent with current layout are depicted at the subject site.”
The “User/Customer Questionnaire” for the Pismo Beach 470 Price Street property on Page 9 and 10 have been falsified as they state they have been completed by myself! I am asking the ODIC for the document used by the ODIC in 2007 showing how the ODIC has come up with the answers to Page 9 and 10 of the ODIC 2007 environmental report? Is this document, the fax to the ODIC from Pacific Capital Bank on May 29, 2007 stating “Attn; Marissa”? Marissa Villarreal and John Winkler, Thank you for your help in this unfortunate matter that now involves this OIG Complaint ID: 20110484 and the SBA with the Fraud that has been committed by Santa Barbara Bank & Trust. Attached below is part of the 2007 ODIC report for the 470 Price Street, Pismo Beach Property that has been falsified by Santa Barbara Bank & Trust. Please explain to myself, Westdale Capital the SBA and the OIG complaint ID # 20110484 attached as to who provided the ODIC with this information on the 470 Price Street property as this information was not provided by myself as stated below by the ODIC? Sincerely Bill Bookout
CLIENT-PROVIDED INFORMATION According to ASTM Standards E-1527-05 and the USEAP AAIs, in order to qualify for the Land-owner Liability Protection (LLPs) offered by the Small Business Liability Relief and Brownfield’s Revitalizations Act of 2001, User must provide the following information (if available) to the environmental professional. Failure to provide this information could result in a determination that “all appropriate inquiry” is not complete. USER QUESTIONNAIRE for AUL In order to qualify for one of the Landowner Liability Protections (Landowner Liability Protections, or LLPs, is the term used to describe the three types of potential defenses to Superfund liability in EPA’s Interim Guidance Regarding Criteria Landowners Must Meet in Order to Qualify for Bona Fide Prospective Purchaser, Contiguous Property Owner, or Innocent Landowner Limitations on CERCLA Liability (“Common Elements” Guide) issued on March 6, 2003.) offered by the Small Business Liability Relief and Brownfields Revitalization Act of 2001 (the “Brownfields Amendments”), the user must provide the following information (if available) to the environmental professional. Failure to provide this information could result in a determination that “all appropriate inquiry” is not complete.- 9 –
O d i c E n v i r o n m e n t a l USER/CUSTOMER QUESTIONNAIRE QUESTION CUSTOMER TO ANSWER (1.) Environmental cleanup liens that are filed or recorded against the site (40 CFR 312.25). Are you aware of any environmental cleanup liens against the property that are filed or recorded under federal, tribal, state or local law? No (2.) Activity and land use limitations that are in place on the site or that have been filed or recorded in a registry (40 CFR 312.26). Are you aware of any AULs, such as engineering controls, land use restrictions or institutional controls that are in place at the site and/or have been filed or recorded in a registry under federal, tribal, state or local law? No (3.) Specialized knowledge or experience of the person seeking to qualify for the LLP (40 CFR 312.28). As the user of this ESA do you have any specialized knowledge or experience related to the property or nearby properties? For example, are you involved in the same line of business as the current or former occupants of the property or an adjoining property so that you would have specialized knowledge of the chemicals and processes used by this type of business? N/A (4.) Relationship of the purchase price to the fair market value of the property if it were not contaminated (40 CFR 312.29). Does the purchase price being paid for this property reasonably reflect the fair market value of the property? If you conclude that there is a difference, have you considered whether the lower purchase price is because contamination is known or believed to be present at the property? N/A (5.) Commonly known or reasonably ascertainable information about the property (40 CFR 312.30). Are you aware of commonly known or reasonably ascertainable information about the property that would help the environmental professional to identify conditions indicative of releases or threatened releases? For example, as user, (a.) Do you know the past uses of the property? (b.) Do you know of specific chemicals that are present or once were present at the property? (c.) Do you know of spills or other chemical releases that have taken place at the property? (d.) Do you know of any environmental cleanups that have taken place at the property? N/A (6.) The degree of obviousness of the presence of likely presence of contamination at the property, and the ability to detect the contamination by appropriate investigation (40 CFR 312.31). As the user of this ESA, based on your knowledge and experience related to the property are there any obvious indicators that point to the presence or likely presence of contamination at the property? N/A Completed by: Mr. Willliam Bookout Lack of information as to environmental lien recorded for the subject property is treated as data gap according to ASTM E1527-05, and consultant is obligated to make a necessary recommendation for further action. Absence of research into an existing environmental lien recorded for the subject property may not qualify the user for CERCLA landowner liability protection. User does not have any information for item 3 and 6, but such absence of information is not considered to warrant further investigation based on the findings and results of our investigation as stated in this report. Environmental Site Assessment Report textDLfinal-rev - 10 – O d i c E n v i r o n m e n t a l ADDITIONAL USER QUESTIONNAIRE In addition, certain information should be collected by the User, if available, and provided to the environmental professional selected to conduct the Phase I. This information is intended to assist the environmental professional but is not necessarily required to qualify for one of the LLPs. The information includes: USER QUESTIONNAIRE QUESTION ANSWER (a) the reason why the Phase I is required Pre-acquisition or pre-financing environmental due diligence for User’s underwriting of a proposed mortgage loan on the subject real property. This Phase I is not conducted for a recipient of an EPA Brownsfields Grant. (b) the type of property and type of property transaction See section 2.1 (c) the complete and correct address for the property (a map or other documentation showing property location and boundaries is helpful) See section 2.1 (d) the scope of services desired for the Phase I (including whether any parties to the property transaction may have a required standard scope of services on whether any considerations beyond the requirements of Practice E 1527 are to be considered) ASTM E1527-05 (e) identification of all parties who will rely on the Phase I report Client for whom this report is prepared for (f) identification of the site contact and how the contact can be reached Included in the project order sheet (g) any special terms and conditions which must be agreed upon by the environmental professional None other than ASTM E1527-05/AAI Guideline (h) any other knowledge or experience with the property that may be pertinent to the environmental professional (for example, copies of any available prior environmental site assessment reports, documents, correspondence, etc., concerning the property and its environmental condition) None Completed by: William Book Out From: marissa villarreal [mailto:marissav@odicenv.com] Bill, Please see the attached report and confirm receipt of delivery. Thank you! Marissa Villarreal Customer Service Manager ------------------------------------ Odic Environmental 3255 Wilshire Blvd. Suite 1510 Los Angeles, CA 90010 t: 213.380.6072 f: 213.380.0505 ------------------------------------ Odic Environmental - 'the force in environmental due diligence' No virus found in this outgoing message. k & Tust on the Pismo
Sent: Friday, September 30, 2011 6:43 AM
To: 'Ashker, Terrill K.'
Cc: 'Carlos.Mendoza@sba.gov'; 'OIGHotline@sba.gov'; 'Hobby, Jill C.'; 'Ashker, Terrill K.'; 'sandiego@sba.gov'; 'Bob Johnston'; 'james.bryant@sba.gov'; 'carrie.ellinwood@sba.gov'; 'paul.tavernia@sba.gov'; 'essie.gilchrist@sba.gov'; 'jim.oneal@sba.gov'; 'kristan.ingebretsen@sba.gov'; 'crigley@newtimesslo.com'; 'rmiller@newtimesslo.com'; 'dvallely@co.slo.ca.us'; 'sbcountyda@co.santa-barbara.ca.us'; 'ctrimble@pismobeach.org'; 'Richard Rossi'
Subject: RE: 470 Price Street, Pismo Beach SBA Fraud and Environmental Phase 1
Sent: Thursday, September 29, 2011 11:37 AM
To: ericmiller@odicenv.com
Cc: hkim@odicenv.com; leecomer@odicenv.com; marissav@odicenv.com; melk@odicenv.com; klarson@odicenv.com; minac@odicenv.com; duncananderson@odicenv.com; jwinkler@odicenv.com; Mendoza, Carlos G.; OIGHotline@sba.gov; Hobby, Jill C.; San Diego General Box; Bob Johnston; Bryant, James A.; Ellinwood, Carrie R.; Tavernia, Paul J.; Gilchrist, Essie J.; O'Neal, Jim; Ingebretsen, Kristan L.; crigley@newtimesslo.com; rmiller@newtimesslo.com; Bill Bookout
Subject: RE: Price Street, Pismo Beach
Sent: Wednesday, September 28, 2011 1:26 PM
To: 'Hobby, Jill C.'
Cc: 'Carlos.Mendoza@sba.gov'; 'OIGHotline@sba.gov'; 'Hobby, Jill C.'; 'Ashker, Terrill K.'; 'sandiego@sba.gov'; 'Bob Johnston'; 'james.bryant@sba.gov'; 'carrie.ellinwood@sba.gov'; 'paul.tavernia@sba.gov'; 'essie.gilchrist@sba.gov'; 'jim.oneal@sba.gov'; 'kristan.ingebretsen@sba.gov'; 'crigley@newtimesslo.com'; 'rmiller@newtimesslo.com'; 'dvallely@co.slo.ca.us'; 'sbcountyda@co.santa-barbara.ca.us'; 'ctrimble@pismobeach.org'
Subject: RE: Price Street, Pismo Beach
Sent: Tuesday, September 27, 2011 3:38 PM
To: ericmiller@odicenv.com
Cc: hkim@odicenv.com; leecomer@odicenv.com; marissav@odicenv.com; melk@odicenv.com; klarson@odicenv.com; minac@odicenv.com; duncananderson@odicenv.com; jwinkler@odicenv.com; Mendoza, Carlos G.; OIGHotline@sba.gov; Hobby, Jill C.; Ashker, Terrill K.; San Diego General Box; 'Bob Johnston'; Bryant, James A.; Ellinwood, Carrie R.; Tavernia, Paul J.; Gilchrist, Essie J.; O'Neal, Jim; Ingebretsen, Kristan L.; crigley@newtimesslo.com; rmiller@newtimesslo.com
Subject: RE: Price Street, Pismo Beach
Sent: Tuesday, September 27, 2011 10:16 AM
To: 'ericmiller@odicenv.com'
Cc: 'hkim@odicenv.com'; 'leecomer@odicenv.com'; 'marissav@odicenv.com'; 'melk@odicenv.com'; 'klarson@odicenv.com'; 'minac@odicenv.com'; 'duncananderson@odicenv.com'; 'jwinkler@odicenv.com'; 'Carlos.Mendoza@sba.gov'; 'OIGHotline@sba.gov'; 'Hobby, Jill C.'; 'Ashker, Terrill K.'; 'sandiego@sba.gov'; 'Bob Johnston'
Subject: RE: Price Street, Pismo Beach
Sent: Monday, September 26, 2011 4:00 PM
To: 'ericmiller@odicenv.com'
Cc: 'hkim@odicenv.com'; 'leecomer@odicenv.com'; 'marissav@odicenv.com'; 'melk@odicenv.com'; 'klarson@odicenv.com'; 'minac@odicenv.com'; 'duncananderson@odicenv.com'; 'jwinkler@odicenv.com'; 'Carlos.Mendoza@sba.gov'; 'OIGHotline@sba.gov'; 'Hobby, Jill C.'; 'Ashker, Terrill K.'; 'sandiego@sba.gov'; 'Bob Johnston'
Subject: RE: Price Street, Pismo Beach
Sent: Monday, September 26, 2011 11:51 AM
To: 'marissa villarreal'
Cc: 'leecomer@odicenv.com'; 'jwinkler@odicenv.com'; 'Hobby, Jill C.'; 'Carlos.Mendoza@sba.gov'; 'OIGHotline@sba.gov'; 'ombudsman@fdic.gov'; 'ombudsman@sba.gov'; 'legal@fdic.gov'; 'rmiller@newtimesslo.com'; 'Bob Johnston'; 'Richard Rossi'
Subject: RE: Price Street, Pismo Beach
Sent: Monday, September 26, 2011 10:22 AM
To: 'Bill Bookout'; 'Lee Comer'
Cc: 'Hobby, Jill C.'; Carlos.Mendoza@sba.gov; OIGHotline@sba.gov; ombudsman@sba.gov; ombudsman@fdic.gov; legal@fdic.gov; rmiller@newtimesslo.com
Subject: RE: Price Street, Pismo Beach
DVBE, SBE, SDVOSB
t: 213.380.0090
f: 213.380.0505
---------------------------------
Odic Environmental & Energy – “the force in environmental & energy consulting.” P
Sent: Monday, September 26, 2011 8:20 AM
To: 'marissa villarreal'
Cc: 'Bob Johnston'; 'Hobby, Jill C.'; 'Carlos.Mendoza@sba.gov'; 'OIGHotline@sba.gov'; 'ombudsman@fdic.gov'; 'ombudsman@sba.gov'; 'legal@fdic.gov'; 'rmiller@newtimesslo.com'; 'jwinkler@odicenv.com'
Subject: RE: Price Street, Pismo Beach
Sent: Tuesday, August 21, 2007 11:16 AM
To: pismobeachdiveshop@charter.net
Subject: Price Street, Pismo Beach
Importance: High
Checked by AVG Free Edition.
Version: 7.5.484 / Virus Database: 269.12.1/963 - Release Date: 8/20/2007 5:44 PM
