Pacific Capital Bank---Breach of Contract and Mortgage Modification Fraud since 2007--PCB Notice of Default January 14, 2011 knowing mistakes made by Pacific Capital Bank!
Pacific Capital Bank since May 11, 2007 has broken Loan modification promises that has affected my businesses (Oceano Nursery) (Plumerias Garden and Gifts and Pismo Beach Dive Shop) I am now asking for the publics help in immediately seeing that Pacific Capital Bank starts in resolving these issues since May 11, 2007 as seen at www.pacificcapitalbancorp.co -- www.sbaquestions.net -- www.occquestions.com
www.pacificcapitalbankquestions.com -and www.fdicquestions.com ----SF Gate
The public can help by asking questions of Pacific Capital Bank through the News Media, ABC News, CBS News, NBC News, Fox News, the Office of the Comptroller of the Currency Case # 01394465 and the SBA! Carlos.Mendoza@sba.gov San Francisco Chronicle Bob Egelko at begelko@sfchronicle.com New Times crigley@newtimesslo.com Cal Coast News velie@calcoastnews.com San Luis Obispo Tribune sduerr@thetribunenews.com Santa Maria Times Press Recorder eslater@timespressrecorder.com This is a news story that begins in 2004 with Inverse Condemnation, that now needs to be known!
Pacific Capital Bank in 2007 knowing of flooding problems and an Inverse Condemnation Lawsuit required in my First Bank of San Luis Obispo Oceano Nursery SBA loan to Fight Inverse Condemnation! Pacific Capital Bank then broke a May 15, 2007 agreement after recieving a loan payment May 11, 2007. Pacific Capital Bank/Sandra Sheffield then took foreclosure actions on May 17, 2007 costing Oceano Nursery $34,334.24 business working capital and Oceano Nursery to close!
After signing a Pacific Capital Bank new loan modification June 28, 2007, Pacific Capital Bank immediatly broke this signed modification agreement by not properly amortizing my SBA loan and charging Attorney fees against the 2007 loan modification! Pacific Capital Bank when questioned stated August 1, 2007 “The proper Bank officials will look into the computerized records and determine if there are any problems.” Pacific Capital Bank has had 3 years with no corrections!
Pacific Capital Bank had stated prior on July 23, 2007 after questioning payments made in July 2007: "With regard to the payment of July 12th, it was not immediately applied against the outstanding obligation because the Bank's commputer system was being adjusted based upon the forbearance Agreement that was executed; it should be applied by now." Pacific Capital Bank to date has ignored the loan modification and (SBA form 147 Note) requiring PCB to reamortize this SBA loan yearly! Pacific Capital Bank has been unable to account for their Attorney fees and how they have Amortized my SBA loan in 2007 in their favor, as seen below in communication with Pacific Capital Bank!
December 14, 2010 "Also, I noted in your communication that you indicate you have filed a complaint with the Office of the Comptroller of the Currency. As we discussed in the past, we will not discuss matters relating to the OCC complaint until that complaint has been resolved by the OCC. Because you chose that forum in which to raise your complaint, it is only fair that we allow the OCC to proceed with what it deems appropriate."
December 15, 2010 " This letter is to notify you that under the terms of the Agreement, Pacific Capital Bank hereby elects to terminate the Agreement. In addition, pursuant to Section 3(b) of the Agreement, demand is hereby made that no later than fifteen (15) business days from the date of this letter, you pay to Pacific Capital Bank $96,228.27, which represents the difference between the amount owing on the Note from July 6, 2007 through the date of this letter less the amounts paid under the Agreement."
December 16, 2010 "As requested by you, I reviewed the questions asked of Mr. Mendoza as posted on your website and note that these questions appear to be similar to those incorporated into your OCC complaint. As discussed previously , until the OCC resolves that complaint, the OCC remains the forum you have chosen to resolve the outstanding disputes and the one the Bank will respond in, if a response is requested."
December 21, 2010 "Until your communications, such as the request for an amortization table, are directed soly to me, you can anticipate that no response of any kind will be forthcoming. Pacific Capital has the right to designate to whom you should communicate and it intends to rely on that right.
December 22, 2010 " Mr. Sheffield has forwarded to me certain emails sent by you to her on December 20, 2010 and December 21, 2010. In those emails you requested an amortization schedule and also ask for responseses to certain questions."
"To reiterate, I am your sole point of contact, and as long as you persist in ignoring this fact, you should not expect a response. Please do not further communicate with Mrs. Sheffield on matters raised in your emails noted above, or on any other matter."
December 23, 2010
From: George C. Lazar [mailto:GLazar@foxjohns.com ]
Sent: Thursday, December 23, 2010 3:16 PM
To: Bill Bookout
Cc: Carol.Zepke@pcbancorp.com; Debbie.Whiteley@pcbancorp.com; Debra.stevens@pcbancorp.com; D.VernonHorton@pacificcapitalbank.com; CarlB.Webb@pacificcapitalbank.com; GordonJ.Wahlgren@pacificcapitalbank.com; GeorgeS.Leis@pacificcapitalbank.com; consumer@dfi.ca.gov; ombudsman@sba.gov; ombudsman@fdic.gov; Carlos.Mendoza@sba.gov; GeraldJ.Ford@pcbancorp.com
Subject: RE:
Mr. Bookout:
It is not impossible to communicate with me. I have responded promptly by FedEx or mail to all of your communications directed to me. However, as I have advised you several times, your communications to Pacific Capital Bank should be directed to me and not directed, or copied, to others at the Bank. Until such time as you comply with this request, I will not be responding substantively to your requests for information. In addition, since you have presented most, if not all, of your questions to a regulatory agency, a response is being prepared to that agency, as is appropriate.
Once you agree to the above, I will forward you a transcript of your account. However, because of the holidays, communications in the next week may be intermittent.
George C. Lazar
FOX JOHNS LAZAR PEKIN & WEXLER, APC
December 30, 2010 "Second, you asked for an amortization schedule. As I indicated in my email of last week, I will provide information on your agreement that you will communicate only with me, rather than sending emails to a number of persons at Pacific Capital Bank. As you have not made that agreement, I do not feel that any further response is necessary. I believe that the request that you communicate with me is reasonable and necessary, and we will insist on that condition. (In the event that you do agree to this request, please let me know exactly what you mean by an "amortization schedule".)
January 4, 2011 "I will, of course, respond to any written communications. However, as I have previously advised you, I will not be providing any substantive responses until such time as you agree, in writing, that you will communicate exclusively with me for the purpose of communicating to Pacific Capital Bank regarding your loan. You have persisted in your efforts to involve other Bank employees in this matter. As a result, I remain unwilling to provide you any information that the Bank is not required to provide you. (An amortization schedule is not information the Bank is required to provide you.) If there is anything further at this time, please let me know, in writing.
George C. Lazar
FOX JOHNS LAZAR PEKIN & WEXLER, APC"
January 10, 2011 “If there happen to be any mistakes by Pacific Capital Bank – I have no knowledge of any mistakes, so this is hypothetical from my point of view – those could be addressed in any cure of the payment defaults.”
January 12, 2011 "Mr. Bookout: As you have been advised a number of times, I am your sole point of contact for purposes of communications with Pacific Capital Bank. Until such time as you acknowledge this decision by the Bank, and stop sending emails to various employees, the only response will be that which is required by law. With regard to any requests for comment on matters you have place on the Internet, or in your written materials, Pacific Capital Bank will not respond to those requests. Silence is not to be deemed agreement that your materials are accurate. As I indicated previously, if you have a proposal to work out the default on your loan, please direct it to me.
George C. Lazar
FOX JOHNS LAZAR PEKIN & WEXLER, APC"
January 25, 2011 “With regard to your request for an amortization schedule, an amortization schedule is necessarily based upon assumptions, such as a static interest rate, and assumes strict performance by the borrower as required by the terms of the loan. In the case of your loan, the significant defaults and the agreements that have been made not only make any previously-issued amortization not relevant to the loan’s current status, but they preclude a current amortization, since the defaults are continuing, additional charges are being incurred, and the time to maturity is decreasing, among other things. Should the loan be put in a performing status, we could address amortization schedule issues at that time.”
January 25, 2011 “With regard to the questions you have been propounding which you chose to resolve through complaint to the OCC, this email will advise you that Pacific Capital Bank has responded to the OCC within their prescribed timeframes, and we assume they will follow up with you based upon that response. Any issues you have with the Bank’s response to the OCC, or with the OCC’s response, should be taken up with the OCC.”
February 2, 2011 “Pacific Capital Bank is no longer lending under the SBA program. As a result, a refinance from Pacific Capital is not something that could be done, although another lender might be in a position to make the proposed loan.”
February 12, 2011 "Mr. Bookout: It should be unnecessary, but once again I will reiterate that Pacific Capital Bank’s failure to respond to any of your demands for a response within a certain time frame is not admission of the validity of any claim you make. And, to the extent that you assert a failure to respond as being an admission on the part of Pacific Capital Bank, any such assertion would be a false statement knowingly made by you.
George C. Lazar
FOX JOHNS LAZAR PEKIN & WEXLER, APC"
February 23, 2011 "Mr. Bookout: Your call to the SBA Office of Pacific Capital Bank this morning is improper. As you have been advised, I am the sole point of contact for any authorized discussions with you regarding your loan and any related matters. Your refusal to abide by the Bank’s wishes with regard to communications is very troubling. Please respect the Bank’s desire to have all communications directed through me.
George C. Lazar
FOX JOHNS LAZAR PEKIN & WEXLER, APC"
May 12, 2008 “The requests you have made, and the delinquencies in the documentation, have resulted in the Bank incurring additional attorney's fees. As a result, you are requested to forward to Pacific Capital Bank, c/o Ms. Sheffield, a check in the amount of $750.00 to cover anticipated attorney's fees incurred in responding to the requests for information. Of course, this amount is only an estimate, and if the fees exceed the amount received, an additional deposit will be required. Please forward the deposit as soon as possible so that the Bank can begin work on the research you have requested.”
July 23, 2008"As to the fee bills, we know of no basis upon which you can request copies. In addition, the fee bills contain confidential material. If you would like a summary of the work done prepared, that can be done. However, the Bank will require a deposit against the estimated costs before I proceed."
July 28, 2008 "Dear Mr. Bookout: In response to your request for Pacific Capital Bank’s payment to you of the sum of $6,815.12 plus interest, this letter is to state that the Bank has determined that it will not make the payment.
In addition, this letter will advise you that although the attorney’s fees incurred in responding to the OCC complaint(s) were not charged against your outstanding loan, all other attorney’s fees incurred will, to the extent allowed under the applicable loan documents, be charged against the loan. The Bank reserves the right to demand immediate payment of the amounts owing or to add the amounts, together with interest if allowed, to any payoff demand.
Very truly yours,
George C. Lazar
FOX JOHNS LAZAR
PEKIN
The public can help by asking questions of Pacific Capital Bank through the News Media, Office of the Comptroller of the Currency Case # 01394465 and the SBA! Carlos.Mendoza@sba.gov E-mail Bob Egelko at begelko@sfchronicle.com SF Gate. New Times crigley@newtimesslo.com Cal Coast News velie@calcoastnews.com San Luis Obispo Tribune sduerr@thetribunenews.com Santa Maria Times Press Recorder eslater@timespressrecorder.com This is a news story that begins in 2004 with Inverse Condemnation, that now needs to be known!
The U.S. Small Business Administration Loan Agreement for Oceano Nursery states in my Deed Of Trust with First Bank Of San Luis Obispo and the SBA that I am required on Page 4 of this Deed Of Trust to Fight Inverse Condemnation of my property! Pacific Capital Bank instead of working with my flooding (Inverse Condemnation) problems in 2007 deciding to renege on a signed contract of May 15, 2007 two days later on May 17, 2007 as seen in this PDF file!
US Small Business Administration Loan # 6641964009
"The Following Provisions relating to eminent domain and inverse condemnation proceeding are part of this Deed of Trust.”“Proceedings.
If any imminent domain or inverse condemnation proceeding is commenced affecting the property, Trustor shall promptly notify Lender in writing, and Trustor shall promptly take such steps as may be necessary to pursue or defend the action and obtain the award. Trustor may be a nominal party in any such proceeding, but Lender shall be entitled, at its election, to participate in the proceeding and to be represented in the proceeding by counsel of its own choice, and Trustor will deliver or cause to be delivered to Lender such instruments and documents as may be requested by Lender from time to time to permit such participation.”
“Application of Net Proceeds. If any award is made or settlement entered into in any condemnation proceedings affecting all or any part of the property or by any proceeding or purchase in lieu of condemnation, Lender may at its election, and to the extent permitted by law, require that all or any portion of the award or settlement be applied to the indebtedness and to the repayment of all reasonable costs, expenses, and attorney’s fees incurred by trustee or Lender in connection with the proceedings.”
Chief Justice Tani Cantil-Sakauye and Associate Justice Ming W. Chin This video photos show Caltrans Grading and Shoveling debris into this California storm water drainage channel! As seen at www.governorjerrybrown.net
Pacific Capital Bank Breach of Contract--Pacific Capital Bancorp Amortization Schedule pdf... It is unfortunate that Pacific Capital Bank would not properly amortize the SBA Loan for Oceano Nursery. The public's help is now needed as Pacific Capital Bank has now improperly filed a notice of default January 14, 2010. Please help in contacting California News Media and asking them to cover this story! Mr. Gerald J. Ford, please review this email to you and the questions asked of Pacific Capital Bank since 2007 Hilltop Holdings Inc_Gerald_J. Ford PDF...
Mr Gerald J. Ford please review this communication with Flexpoint Ford in regards to Pacific Capital Banks actions in not wanting to provide an Amortization Schedule! Flexpoint Ford complaint in Pacific Capital Bank Accounting PDF... Pacific Capital Bank Shareholders and Investors, please review Pacific Capital Banks Actions! Pacific Capital_Bank Shareholder Information pdf... Please Contatct Pacific Capital Bank at 1-805-564-6298 and 1-805-884-6680 Pacific Capital Banks Attorney George C. Lazar letter January 10, 2011---Pacific Capital Bank Breach of Contract pdf... Showing Pacific Capital Banks full knowledge of Questions asked of Pacific Capital Bank!
Gerald J. Ford of Ford Financial Fund-----Unfortunatly questions previously asked of Pacific Capital Bank now need to be asked publically, in order to not have to pay Attorney fees to have these questions answered. Please view questions asked up to January 7, 2011--- Pacific Capital Bank Improper Loan Amortization... The U.S. Small Business Administration is aware of all of Pacific Capital Banks actions to date and have been asked to answer the questions asked of Pacific Capital Bank through Carlos Mendoza and Terrill K. Ashker. Gerald J. Ford SBA Questions pdf...
Please review this PDF file to see what happened to Oceano Nursery in 2007, that lead to its closure in 2008! SBA Loan Questions documents for Terrill K. Ashker Anthony Virgil and Linda Coakley--SBA to review pdf...
Pacific Capital Bankcorp Gerad J. Ford Financial Fund PDF...
Mr. Ford and the SBA--Please Review Communication in this PDF file to questions asked of Pacific Capital Bank! U.S. Small Business Administration SBA Complaint pdf...
Pacific Capital Bank Mr Gerald J. Ford please review this communication with Flexpoint Ford in regards to Pacific Capital Banks actions in not wanting to provide an Amortization Schedule! Pacific Capital Bank Shareholders and Investors, please review Pacific Capital Banks Actions! Please Contatct Pacific Capital Bank at 1-805-564-6298 and 1-805-884-6680 Pacific Capital Banks Attorney George C. Lazar letter January 10, 2011---Gerald J. Ford of Ford Financial Fund-----Unfortunatly questions previously asked of Pacific Capital Bank now need to be asked publically, in order to not have to pay Attorney fees to have these questions answered. Please view questions asked up to January 7, 2011--- The U.S. Small Business Administration is aware of all of Pacific Capital Banks actions to date and have been asked to answer the questions asked of Pacific Capital Bank through Carlos Mendoza and Terrill K. Ashker. Please review this PDF file to see what happened to Oceano Nursery in 2007, that lead to its closure in 2008!
Mr. Ford, Pacific Capital Bank Attorney on December 16, 2010 has ended the future of my businesses in Pismo Beach with this response from George C. Lazer per my--OCC Complaint Case # 01388906 Pacific Capital Bank Forclosure Actions after filing OCC Complaint...
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California News Media and U.S Small Business Administration----Please review the emails below from Pacific Capital Bank! Please pay attentions to Pacific Capital Banks reasons for not wanting to provide an Amortization Schedule for this SBA Loan! Attached is an email to-- Flexpoint Ford ---showing Flexpoint Ford the actions of Pacific Capital Bank since 2007! Flexpoint Ford complaint in Pacific Capital Bank Accounting PDF...
SBA Form Form 147 SBA_Form_147_Note.pdf is viewed as questions asked of the SBA in regards to Pacific Capital Bank not properly amortizing a SBA loan from 2007, affecting a California Small Business! SBA_Form_147.pdf
December 30, 2010 (In the event that you do agree to this request, please let me know exactly what you mean by an "amortization schedule".)
January 4, 2011 (An amortization schedule is not information the Bank is required to provide you.)
January 10, 2011 “If there happen to be any mistakes by Pacific Capital Bank – I have no knowledge of any mistakes, so this is hypothetical from my point of view – those could be addressed in any cure of the payment defaults.”
January 25, 2011 “With regard to your request for an amortization schedule, an amortization schedule is necessarily based upon assumptions, such as a static interest rate, and assumes strict performance by the borrower as required by the terms of the loan. In the case of your loan, the significant defaults and the agreements that have been made not only make any previously-issued amortization not relevant to the loan’s current status, but they preclude a current amortization, since the defaults are continuing, additional charges are being incurred, and the time to maturity is decreasing, among other things. Should the loan be put in a performing status, we could address amortization schedule issues at that time.”
From: Bill Bookout [mailto:Pismobeachdiveshop@charter.net]
Sent: Thursday, February 10, 2011 4:07 PM
To: 'Manalli, John A.'
Cc: 'Carlos.Mendoza@sba.gov' ; 'crigley@newtimesslo.com'; 'Ryan Miller'; 'eslater@timespressrecorder.com'; 'acharlton@timespressrecorder.com'; 'bmcewen@fresnobee.com '; 'legal@fdic.gov ' ; 'ombudsman@fdic.gov ' ; 'ombudsman@sba.gov ' ; 'sduerr@thetribunenews.com '
Subject: RE: SBA Bank Fraud------Office of the Comptroller of the Currency Case # 01394465 Pacific Capital Bank Retaliatory Actions! Trustee Sale
February 10, 2011
CARLOS G. MENDOZA John Manalli
District Director Deputy District Director
Central California/ Fresno
Small Business Administration 801 R. Street, Suite 201
559/487-5785, Ext 2710 Fresno
800/359-1833, OPTION 6 1559-487-5791 EXT. 2705
Dear Mr. Carlos Mendoza and Mr. John Manalli
Thank you for your responses February 10, 2011
Mr. Ashker is unable to answer the questions asked of the SBA below! Please see that the SBA answers the questions asked of the U.S. Small Business Administration February 8, 2011 below. It is now time to go public with Pacific Capital Banks actions that have affected my SBA loan since 2007! Please review all Questions asked of Pacific Capital Bank at www.pacificcapitalbankquestions.com and www.occquestions.com
Why does the SBA allow Pacific Capital Bank to over charge my SBA Loan $182.26 dollars a month as they have not properly amortized my Business SBA loan since July 2007?
1) Are SBA banks allowed to ignore (SBA form 147 Note) on fixed rate loans as Pacific Capital Bank has done since 2007?
2) Are SBA loaned banks allowed to monthly over charge their SBA customers in their SBA business loans as Pacific Capital Bank has done to the Oceano Nursery loan since July 2, 2007?
3) Do banks providing SBA loans to their customers not have to provide Amortization Schedules as Pacific Capital Bank has stated: January 4, 2011 (An amortization schedule is not information the Bank is required to provide you.)
4) How long has Pacific Capital Bank not been doing SBA loans as stated by Pacific Capital Bank? February 2, 2011 “Pacific Capital Bank is no longer lending under the SBA program. As a result, a refinance from Pacific Capital is not something that could be done, although another lender might be in a position to make the proposed loan.”
With banking problems in the United States
Sincerely
Bill Bookout
Oceano Nursery-----
Pismo Beach
Plumerias Garden
From: Manalli, John A. [mailto:John.Manalli@sba.gov]
Sent: Thursday, February 10, 2011 1:05 PM
To: Bill Bookout
Cc: Ashker, Terrill K.
Subject: RE: SBA Bank Fraud------Office of the Comptroller of the Currency Case # 01394465 Pacific Capital Bank Retaliatory Actions! Trustee Sale
Mr. Bookout:
Acting District Counsel Terrill K. Ashker is the SBA official designated to receive all of your communications concerning your problems with Pacific Capital Bank. Mr. Ashker will then respond as appropriate.
Accordingly, please direct all future communications only to Mr. Ashker; his email address is terrill.ashker@sba.gov.
Sincerely
john manalli
Deputy District Director
Fresno District Office
801 R. Street, Suite 201
Fresno , CA 93721
My DirectBus: 559 487 5791 Ext. 2705
My Email: john.manalli@sba.gov
My Desktop fax: 202 741 6859
District fax: 559 487 5636
From: Bill Bookout [mailto:Pismobeachdiveshop@charter.net]
Sent: Wednesday, February 09, 2011 1:27 PM
To: Mendoza, Carlos G.
Cc: San Diego General Box; Manalli, John A.
Subject: RE: SBA Bank Fraud------Office of the Comptroller of the Currency Case # 01394465 Pacific Capital Bank Retaliatory Actions! Trustee Sale
Carlos Mendoza and Mr. John Manalli
U. S. Small Business Administration US Small Business Administration
2719 N Air Fresno Dr # 107 409 3rd St, SW
Fresno , CA 93727-1547 Washington DC 20416
(559) 487-5791
Dear Mr. Carlos Mendoza and Mr. John Manalli,
It is now time to make a News story out of Pacific Capital Banks actions since 2007 in regards to my SBA loan with Pacific Capital Bank. I am giving the SBA full authority to talk to News Media about my SBA loan with Pacific Capital Bank. Could the SBA answer the following four questions regarding my SBA loan with Pacific Capital Bank?
Are SBA banks allowed to ignore (SBA form 147 Note) on fixed rate loans as Pacific Capital Bank has done since 2007?
Are SBA loaned banks allowed to monthly over charge their SBA customers in their SBA business loans as Pacific Capital Bank has done to the Oceano Nursery loan since July 2, 2007?
Do banks providing SBA loans to their customers not have to provide Amortization Schedules as Pacific Capital Bank has stated: January 4, 2011 (An amortization schedule is not information the Bank is required to provide you.)
How long has Pacific Capital Bank not been doing SBA loans as stated by Pacific Capital Bank? February 2, 2011 “Pacific Capital Bank is no longer lending under the SBA program. As a result, a refinance from Pacific Capital is not something that could be done, although another lender might be in a position to make the proposed loan.”
From: Ryan Miller [mailto:rmiller@newtimesslo.com]
Sent: Wednesday, February 09, 2011 9:42 AM
To: Bill Bookout
Cc: Colin Rigley
Subject: Re: SBA Bank Fraud------Office of the Comptroller of the Currency Case # 01394465 Pacific Capital Bank Retaliatory Actions! Trustee Sale
Hey Bill -
Sorry, but I responded to your initial e-mail before I saw this follow-up. I’ll talk with Colin about future coverage of your situation.
RYAN
On 2/8/11 5:23 PM, "Bill Bookout" <Pismobeachdiveshop@charter.net> wrote:
San Luis Obispo New Times
Ryan Miller and Colin Rigley,
Pacific Capital Bank George C. Lazar has asked that I correct the third party statement to the New Times of San Luis Obispo below! I am officially correcting this “third party to help resolve the outstanding issues” Statement per Mr. George C. Lazars request!
I am now hoping the new times will do a story on both of our sides of this issue with Pacific Capital Bank going back to 2007. Mr. Lazar can be reached at 1-619-595-7187 for Pacific Capital Banks side of this story.
Please note that Mr. George C. Lazar has no other disputes per the email to him today at 2:35 pm, nor the Office of the Comptroller of the Currency Case # 01394465 February 7, 2011 This will make a good news story as stated by George C. Lazar January 10, 2011 “If there happen to be any mistakes by Pacific Capital Bank – I have no knowledge of any mistakes, so this is hypothetical from my point of view – those could be addressed in any cure of the payment defaults.”
From: George C. Lazar [mailto:GLazar@foxjohns.com]
Sent: Tuesday, February 08, 2011 4:15 PM
To: Bill Bookout
Subject: RE: SBA Bank Fraud------Office of the Comptroller of the Currency Case # 01394465 Pacific Capital Bank Retaliatory Actions! Trustee Sale
Please correct the false statement in your email.
I did not say that I wanted a third party to help resolve the outstanding issues.
George C. Lazar
FOX JOHNS LAZAR PEKIN & WEXLER, APC
525 B Street, Suite 1500
San Diego , California 92101-4417
Tel: 619.595.7187
Toll Free: 877.272.3734
Mobile
Fax: 877.227.0150
email: glazar@foxjohns.com <BLOCKED::mailto:glazar@foxjohns.com>
THIS EMAIL IS INTENDED FOR THE DESIGNATED RECIPIENT(S) ONLY AND MAY CONTAIN CONFIDENTIAL MATERIAL, INCLUDING ATTORNEY-CLIENT COMMUNICATIONS. IF YOU RECEIVE THIS EMAIL IN ERROR, PLEASE NOTIFY ME BY RETURN EMAIL AND DELETE THIS EMAIL TOGETHER WITH ANY ATTACHMENTS.
From: Bill Bookout [mailto:Pismobeachdiveshop@charter.net]
Sent: Tuesday, February 08, 2011 4:11 PM
To: rmiller@newtimesslo.com
Cc: crigley@newtimesslo.com; George C. Lazar
Subject: RE: SBA Bank Fraud------Office of the Comptroller of the Currency Case # 01394465 Pacific Capital Bank Retaliatory Actions! Trustee Sale
San Luis Obispo New Times
Ryan Miller and Colin Rigley,
Would the New Times be willing to mediate this dispute with Pacific Capital Bank that has put Oceano Nursery out of business and is now affecting my businesses in Pismo Beach
Below is my side of the story with Pacific Capital Banks documents seen in PDF files at www.pacificcapitalbankquestions.com <http://www.pacificcapitalbankquestions.com/> I believe it was about a year ago, was the last time the New Times reported about Pacific Capital Bank and my problems with Pacific Capital Bank?
This story will show how banks treat their loans and how they do not have to properly amortize their loans as George C. Lazar States January 4, 2011 (An amortization schedule is not information the Bank is required to provide you.)
From: Bill Bookout [mailto:Pismobeachdiveshop@charter.net]
Sent: Tuesday, February 08, 2011 2:35 PM
To: 'George C. Lazar'
Cc: 'sandra.sheffield@pacificcapitalbank.com' ; 'information@hilltop-holdings.com'; 'Sharon Iannone'; 'Carol.Zepke@pcbancorp.com' ; 'Debbie.Whiteley@pcbancorp.com' ; 'GeraldJ.Ford@pcbancorp.com ' ; 'GeorgeS.Leis@pacificcapitalbank.com ' ; 'grady.hedgespeth@sba.gov ' ; 'crigley@newtimesslo.com'
Subject: RE: SBA Bank Fraud------Office of the Comptroller of the Currency Case # 01394465 Pacific Capital Bank Retaliatory Actions! Trustee Sale
February 8, 2011
Mr. George C. Lazar,
In regards to Pacific Capital Banks undisputed Breach of Contract and Bank Fraud as seen in the Fidelity National Title Company Trustee Sale No: 11-00125-5DL recorded on January 14, 2011 against my Oceano Nursery Property, my Pismo Beach Dive Shop and Plumerias Garden
It is time for us to work out Pacific Capital Banks Breach of Contract and Bank Fraud by Pacific Capital Bank since 2007. Please see that Pacific Capital Bank comes up with a proposal to resolve the actions by Pacific Capital Bank! I have attached your January 12, 2011 email below, with your acknowledging the Pacific Capital Banks documents in the websites www.pacificcapitalbankquestions.com <http://www.pacificcapitalbankquestions.com/> – www.occquestions.com <http://www.occquestions.com/> and www.fdicquestions.com <http://www.fdicquestions.com/> Mr. Lazar, you have stated “With regard to any requests for comment on matters you have place on the Internet, or in your written materials, Pacific Capital Bank will not respond to those requests. Silence is not to be deemed agreement that your materials are accurate.”
Pacific Capital Banks silence is now unfortunately public record; it is now time to see that Pacific Capital Bank resolves the issues to the questions asked of Pacific Capital Bank! Please review the February 6, 8, 2011 letters to U. S. Small Business Administration and the February 7, 2011 letter to the Office of the Comptroller of the Currency Case # 01394465.
December 30, 2010 (In the event that you do agree to this request, please let me know exactly what you mean by an "amortization schedule".)
January 4, 2011 (An amortization schedule is not information the Bank is required to provide you.)
January 10, 2011 “If there happen to be any mistakes by Pacific Capital Bank – I have no knowledge of any mistakes, so this is hypothetical from my point of view – those could be addressed in any cure of the payment defaults.”
January 25, 2011 “With regard to your request for an amortization schedule, an amortization schedule is necessarily based upon assumptions, such as a static interest rate, and assumes strict performance by the borrower as required by the terms of the loan. In the case of your loan, the significant defaults and the agreements that have been made not only make any previously-issued amortization not relevant to the loan’s current status, but they preclude a current amortization, since the defaults are continuing, additional charges are being incurred, and the time to maturity is decreasing, among other things. Should the loan be put in a performing status, we could address amortization schedule issues at that time.”
January 25, 2011 “With regard to the questions you have been propounding which you chose to resolve through complaint to the OCC, this email will advise you that Pacific Capital Bank has responded to the OCC within their prescribed timeframes, and we assume they will follow up with you based upon that response. Any issues you have with the Bank’s response to the OCC, or with the OCC’s response, should be taken up with the OCC.”
February 2, 2011 “Pacific Capital Bank is no longer lending under the SBA program. As a result, a refinance from Pacific Capital is not something that could be done, although another lender might be in a position to make the proposed loan.”
May 12, 2008 “The requests you have made, and the delinquencies in the documentation, have resulted in the Bank incurring additional attorney's fees. As a result, you are requested to forward to Pacific Capital Bank, c/o Ms. Sheffield, a check in the amount of $750.00 to cover anticipated attorney's fees incurred in responding to the requests for information. Of course, this amount is only an estimate, and if the fees exceed the amount received, an additional deposit will be required. Please forward the deposit as soon as possible so that the Bank can begin work on the research you have requested.”
At this point, there is no reason for Pacific Capital Bank to not want to resolve the undisputed Breach of Contract and Bank Fraud by Pacific Capital Bank since 2007!
With your statements as seen above, it is pretty easy to show Pacific Capital Banks errors!
Sincerely
Bill Bookout
Oceano Nursery-----
Pismo Beach
Plumerias Garden
----------------------------------------------------------------------------------
From: George C. Lazar [mailto:GLazar@foxjohns.com]
Sent: Wednesday, January 12, 2011 6:17 PM
To: Bill Bookout
Subject: RE: Pacific Capital Bank
Mr. Bookout:
As you have been advised a number of times, I am your sole point of contact for purposes of communications with Pacific Capital Bank. Until such time as you acknowledge this decision by the Bank, and stop sending emails to various employees, the only response will be that which is required by law.
With regard to any requests for comment on matters you have place on the Internet, or in your written materials, Pacific Capital Bank will not respond to those requests. Silence is not to be deemed agreement that your materials are accurate.
As I indicated previously, if you have a proposal to work out the default on your loan, please direct it to me.
George C. Lazar
FOX JOHNS LAZAR PEKIN & WEXLER, APC
525 B Street, Suite 1500
San Diego , California 92101-4417
Tel: 619.595.7187
Toll Free: 877.272.3734
Mobile
Fax: 877.227.0150
email: glazar@foxjohns.com <BLOCKED::mailto:glazar@foxjohns.com>
THIS EMAIL IS INTENDED FOR THE DESIGNATED RECIPIENT(S) ONLY AND MAY CONTAIN CONFIDENTIAL MATERIAL, INCLUDING ATTORNEY-CLIENT COMMUNICATIONS. IF YOU RECEIVE THIS EMAIL IN ERROR, PLEASE NOTIFY ME BY RETURN EMAIL AND DELETE THIS EMAIL TOGETHER WITH ANY ATTACHMENTS.
---------------------------------------------------------------------------------------------------------------------------
From: Bill Bookout [mailto:Pismobeachdiveshop@charter.net]
Sent: Tuesday, February 08, 2011 10:38 AM
To: 'Carlos.Mendoza@sba.gov'
Cc: 'Linda.Coakley@sba.gov ' ; 'Ruben.Garcia@sba.gov' ; 'grady.hedgespeth@sba.gov ' ; 'christopher.mckeehan@sba.gov' ; 'sandiego@sba.gov '; 'sandra.sheffield@pacificcapitalbank.com' ; 'George C. Lazar'; 'Lcannon@dfi.ca.gov' ; 'legal@fdic.gov ' ; 'Sharon Iannone'; 'information@hilltop-holdings.com'; 'john.manalli@sba.gov '
Subject: RE: SBA Bank Fraud------Office of the Comptroller of the Currency Case # 01394465 Pacific Capital Bank Retaliatory Actions! Trustee Sale
February 8, 2011
Carlos Mendoza and Mr. John Manalli
U. S. Small Business Administration US Small Business Administration
2719 N Air Fresno Dr # 107 409 3rd St, SW
Fresno , CA 93727-1547 Washington DC 20416
(559) 487-5791
Dear Mr. Carlos Mendoza and Mr. John Manalli
Below is a response from the SBA in regards to my February 6, 2011 communication with the SBA in regards to Pacific Capital Banks Breach of Contract and Bank Fraud, as seen in Pacific Capital Banks actions; after turning Pacific Capital Bank into the Office of the Comptroller of the Currency. SBA, Shawn McKeehan has stated: “I am not an SBA loan officer. I suggest you contact the lender or the SBA Fresno Commercial Loan Servicing Center
Mr. Carlos Mendoza and Mr. John Manalli as officers of the SBA; please review this letter to the Office of the Comptroller of the Currency February 7, 2011 as Pacific Capital Bank has chosen not to respond to questions asked of Pacific Capital Bank! Please see that the SBA takes action in regards to Pacific Capital Banks Breach of Contract and Bank Fraud as seen in Pacific Capital Banks January 25, 2011 email accounting of this SBA loan that was presented to Fidelity National Title Company. This accounting by Pacific Capital Bank now documents their Bank Fraud and Breach of Contract!
Please review the websites www.pacificcapitalbankquestions.com <http://www.pacificcapitalbankquestions.com/> – www.occquestions.com <http://www.occquestions.com/> and www.fdicquestions.com <http://www.fdicquestions.com/> as all communication in regards to Pacific Capital Banks actions since 2007 can be seen on these websites! It is important that what Pacific Capital Bank has done to my SBA business loan does not happen to other SBA loaned businesses!
Sincerely
Bill Bookout
Oceano Nursery-----
Pismo Beach
Plumerias Garden
From: Bill Bookout [mailto:Pismobeachdiveshop@charter.net]
Sent: Monday, February 07, 2011 10:31 AM
To: 'HelpWithMyBank.faq'
Cc: 'ombudsman@sba.gov ' ; 'ombudsman@fdic.gov ' ; 'Carlos.Mendoza@sba.gov' ; 'sandiego@sba.gov '; 'sandra.sheffield@pacificcapitalbank.com' ; 'information@hilltop-holdings.com'; 'Sharon Iannone'; 'legal@fdic.gov ' ; 'Lcannon@dfi.ca.gov' ; 'dporter@dfi.ca.gov'
Subject: RE: SBA Bank Fraud------Office of the Comptroller of the Currency Case # 01394465 Pacific Capital Bank Retaliatory Actions! Trustee Sale
February 7, 2011 Office of the Comptroller of the Currency Case # 01394465
Office of the Comptroller of the Currency Case # 01394465
1301 McKinney Street, Suite 3450
Houston , Texas 77010-9050
Fax # 713-336-4301
Re: Office of the Comptroller of the Currency Case # 01394465 Pacific Capital Bank Retaliatory Actions after filing a complaint with the Office of the Comptroller of the Currency! Pacific Capital Banks December 14, 2010 letter and Trustee Sale No: 11-00125-5DL
Dear Office of the Comptroller of the Currency
Pacific Capital Bank has refused to provide an amortization schedule for this SBA Loan; I have done a little more research and on June 23, 2007 Pacific Capital Bank provided a payment notice with a debt balance of $474,298.51 up to July 6, 2007. This debt was paid down on July 2, 2007 by $22,274.46 leaving a balance of $452, 024.05 that Pacific Capital Bank was to amortize 171 payments at 6%. From an Amortization Schedule this should have been a payment of $3,938.80 instead of Pacific Capital Banks payment amount of $4,121.00 as stated owed by Pacific Capital Bank on December 15, 2010! Mr. George C. Lazar claim of late fees to be accurate, shows Pacific Capital Banks fraud and breach of contract!
Loan Summary
Principal: $452024.05
Interest Rate: 6%
Loan Term: 171 months
Payment Summary
Number of Payments: 171
Monthly Payment: $3,938.80
Total Principal Paid: $452,024.05
Total Interest Paid: $221,510.19
Total Paid: $673,534.24
Pacific Capital Bank in their December 15, 2010 letter after filing the Office of the Comptroller of the Currency Case # 01394465; ignored the SBA form 147 Note that states “Lender must adjust the payment at least annually as needed to amortize principal over the remaining term of the note.” This means with my extra principal payments in 2007 of $2,236.82 should have lowered my monthly payment. In 2008 the extra principal payments of $1,556.61 should have lowered the monthly principal payment. In 2009 the extra principal paid of $236.82 should have lowered the monthly principal payment even more per the SBA form 147! This breach of contract results in $4,030.25 dollars that PCB had not taken into account on December 15, 2010 which should have lowered my January 1, 2010 payment down to $3,898.90 per month showing a difference of $221.00 a month being overcharged by Pacific Capital Bank in 2010! This is a Breach of Contract by Pacific Capital Bank! Pacific Capital Bank in their August 1, 2007 letter attached, had the chance to correct their mistakes, per their written response in 2007!
This means that Pacific Capital Bank has purposely been overcharging my SBA loan by $182.26 dollars a month! And then in 2010 $221.00 a month! Plus, charging improper attorney fees in 2007 of $2,471.45 which was a breach of contract with the 2007 forbearance and workout agreement prepared by Pacific Capital Bank. Pacific Capital Banks January 14, 2011 Trustee Sale No: 11-00125-5DL is Pacific Capital Bank; bank fraud per their itemization of delinquency presented to Fidelity National Title Company and recorded on January 14, 2011. This improper action by Pacific Capital Bank continues to harm my businesses!
Please note that Pacific Capital Bank has stated in regards to their reasons for not wanting to provide an Amortization Schedule after filing my Office of the Comptroller of the Currency Case # 01394465:
December 30, 2010 (In the event that you do agree to this request, please let me know exactly what you mean by an "amortization schedule".)
January 4, 2011 (An amortization schedule is not information the Bank is required to provide you.)
January 10, 2011 “If there happen to be any mistakes by Pacific Capital Bank – I have no knowledge of any mistakes, so this is hypothetical from my point of view – those could be addressed in any cure of the payment defaults.”
January 25, 2011 “With regard to your request for an amortization schedule, an amortization schedule is necessarily based upon assumptions, such as a static interest rate, and assumes strict performance by the borrower as required by the terms of the loan. In the case of your loan, the significant defaults and the agreements that have been made not only make any previously-issued amortization not relevant to the loan’s current status, but they preclude a current amortization, since the defaults are continuing, additional charges are being incurred, and the time to maturity is decreasing, among other things. Should the loan be put in a performing status, we could address amortization schedule issues at that time.”
January 25, 2011 “With regard to the questions you have been propounding which you chose to resolve through complaint to the OCC, this email will advise you that Pacific Capital Bank has responded to the OCC within their prescribed timeframes, and we assume they will follow up with you based upon that response. Any issues you have with the Bank’s response to the OCC, or with the OCC’s response, should be taken up with the OCC.”
February 2, 2011 “Pacific Capital Bank is no longer lending under the SBA program. As a result, a refinance from Pacific Capital is not something that could be done, although another lender might be in a position to make the proposed loan.”
May 12, 2008 “The requests you have made, and the delinquencies in the documentation, have resulted in the Bank incurring additional attorney's fees. As a result, you are requested to forward to Pacific Capital Bank, c/o Ms. Sheffield, a check in the amount of $750.00 to cover anticipated attorney's fees incurred in responding to the requests for information. Of course, this amount is only an estimate, and if the fees exceed the amount received, an additional deposit will be required. Please forward the deposit as soon as possible so that the Bank can begin work on the research you have requested.”
Please see attached First Bank of San Luis Obispo
I am again asking for the Office of the Comptroller of the Currency help in resolving these problems with Pacific Capital Bank dating back to the 2007 forbearance and workout agreement breached by Pacific Capital Bank and their retaliation since filing this OCC complaint in December 2010. Please see the PCB May 12, 2008 email quote above!
Sincerely
Bill Bookout
Oceano Nursery-----Pismo Beach Dive Shop------Plumerias Garden
From: Mckeehan, Christopher S. [mailto:christopher.mckeehan@sba.gov]
Sent: Tuesday, February 08, 2011 4:42 AM
To: Bill Bookout
Subject: RE: SBA Bank Fraud------Office of the Comptroller of the Currency Case # 01394465 Pacific Capital Bank Retaliatory Actions! Trustee Sale
I am not an SBA loan officer. I suggest you contact the lender or the SBA Fresno Commercial Loan Servicing Center
C. Shawn McKeehan
Special Assistant to the Director/OFA
FA FOIA/PA Officer
(202) 205-7729 telephone
(202) 481-0567 fax
From: Ashker, Terrill K. [mailto:terrill.ashker@sba.gov]
Sent: Friday, February 04, 2011 1:11 PM
To: Bill Bookout
Cc: Mendoza, Carlos G.; glazar@foxjohns.com
Subject: FW: SBA Bank Fraud------Office of the Comptroller of the Currency Case # 01394465 Pacific Capital Bank Retaliatory Actions! Trustee Sale No: 11-00125-5DL
Mr. Bookout:
To the best of my knowledge, SBA has not received any notice from Pacific Capital Bank that it is no longer participating in the SBA loan-guaranty program.
You should ask Pacific Capital Bank directly when it stopped making SBA-guaranteed loans.
Please address any future SBA inquiries only to me.
Terrill K. Ashker
Fresno District Counsel (Acting)
From: Bill Bookout [mailto:Pismobeachdiveshop@charter.net]
Sent: Wednesday, February 02, 2011 12:51 PM
To: San Diego General Box
Cc: Mendoza, Carlos G.
Subject: RE: SBA Bank Fraud------Office of the Comptroller of the Currency Case # 01394465 Pacific Capital Bank Retaliatory Actions! Trustee Sale No: 11-00125-5DL
February 2, 2011
Dear SBA.
How long has Pacific Capital Bank, not been doing SBA Loans? George C. Lazar from Pacific Capital Bank has stated in this email February 1, 2011:
From: George C. Lazar [mailto:GLazar@foxjohns.com]
Sent: Tuesday, February 01, 2011 1:20 PM
To: Bill Bookout
Subject: RE:
Mr. Bookout:
Pacific Capital Bank is no longer lending under the SBA program. As a result, a refinance from Pacific Capital is not something that could be done, although another lender might be in a position to make the proposed loan.
George C. Lazar
FOX JOHNS LAZAR PEKIN & WEXLER, APC
525 B Street, Suite 1500
San Diego, California 92101-4417
Tel: 619.595.7187
Toll Free: 877.272.3734
Mobile: 619.823.7375
Fax: 877.227.0150
email: glazar@foxjohns.com
THIS EMAIL IS INTENDED FOR THE DESIGNATED RECIPIENT(S) ONLY AND MAY CONTAIN CONFIDENTIAL MATERIAL, INCLUDING ATTORNEY-CLIENT COMMUNICATIONS. IF YOU RECEIVE THIS EMAIL IN ERROR, PLEASE NOTIFY ME BY RETURN EMAIL AND DELETE THIS EMAIL TOGETHER WITH ANY ATTACHMENTS.
From: George C. Lazar [mailto:GLazar@foxjohns.com]
Sent: Tuesday, January 04, 2011 4:36 PM
To: pismobeachdiveshop@charter.net
Subject: Pacific Capital Bank
Mr. Bookout:
I received your voicemail message of this afternoon asking for a return call. I will not be returning your call, because you advised me last week that you felt you had the right to record any telephone conversation, whether or not I consented. (As previous communications have made clear, neither I nor anybody at Pacific Capital Bank consents to being recorded.) Also, since, as you made clear in our call of December 31st, you are recording any calls to play to the national media, I do not consent to any use you make of the phone conversations you may have already recorded.
I will, of course, respond to any written communications. However, as I have previously advised you, I will not be providing any substantive responses until such time as you agree, in writing, that you will communicate exclusively with me for the purpose of communicating to Pacific Capital Bank regarding your loan. You have persisted in your efforts to involve other Bank employees in this matter. As a result, I remain unwilling to provide you any information that the Bank is not required to provide you. (An amortization schedule is not information the Bank is required to provide you.)
If there is anything further at this time, please let me know, in writing.
George C. Lazar
FOX JOHNS LAZAR PEKIN & WEXLER, APC
525 B Street, Suite 1500
San Diego, California 92101-4417
Tel: 619.595.7187
Toll Free: 877.272.3734
Mobile: 619.823.7375
Fax: 877.227.0150
email: glazar@foxjohns.com
THIS EMAIL IS INTENDED FOR THE DESIGNATED RECIPIENT(S) ONLY AND MAY CONTAIN CONFIDENTIAL MATERIAL, INCLUDING ATTORNEY-CLIENT COMMUNICATIONS. IF YOU RECEIVE THIS EMAIL IN ERROR, PLEASE NOTIFY ME BY RETURN EMAIL AND DELETE THIS EMAIL TOGETHER WITH ANY ATTACHMENTS.
------------------------------------------------------------------------------------------------
From: George C. Lazar [mailto:GLazar@foxjohns.com]
Sent: Thursday, December 30, 2010 6:31 AM
To: Pismobeachdiveshop@charter.net
Subject: Your call of yesterday
Mr. Bookout:
This email is to confirm our discussion of yesterday.
First of all, you indicated that you were planning on filing a complaint against me with the State Bar of California and asked for my bar number. I directed you to the website of the State Bar of California (calbar.org) which will provied you with all the information you need.
Second, you asked for an amortization schedule. As I indicated in my email of last week, I will provide information on your agreement that you will communicate only with me, rather than sending emails to a number of persons at Pacific Capital Bank. As you have not made that agreement, I do not feel that any further response is necessary. I believe that the request that you communicate with me is reasonable and necessary, and we will insist on that condition. (In the event that you do agree to this request, please let me know exactly what you mean by an "amortization schedule".)
Finally, as I indicated last week in an email message, I am out of the office. I will be checking emails in the event of an emergency. Otherwise, I will be back in the office on Monday, the 3rd, in the event there is anything further.
George C. Lazar
FOX JOHNS LAZAR PEKIN & WEXLER, APC
525 B Street, Suite 1500
San Diego, California 92101-4417
Tel: 619.595.7187
Toll Free: 877.272.3734
Fax: 877.227.0150
email: glazar@foxjohns.com
THIS EMAIL IS INTENDED FOR THE DESIGNATED RECIPIENT(S) ONLY AND MAY CONTAIN CONFIDENTIAL MATERIAL, INCLUDING ATTORNEY-CLIENT COMMUNICATIONS. IF YOU RECEIVE THIS EMAIL IN ERROR, PLEASE NOTIFY ME BY RETURN EMAIL AND DELETE THIS EMAIL TOGETHER WITH ANY ATTACHMENTS.
From: Bill Bookout [mailto:Pismobeachdiveshop@charter.net]
Sent: Friday, February 04, 2011 4:11 PM
To: 'Sharon Iannone'
Cc: 'Kelley McCord'; 'Debbie.Whiteley@pcbancorp.com' ; 'Carol.Zepke@pcbancorp.com' ; 'information@hilltop-holdings.com'; 'Carlos.Mendoza@sba.gov ' ; 'sandra.sheffield@pacificcapitalbank.com'
Subject: RE: Hilltop Holdings
February 4, 2011
Sharon Iannone
Flexpoint Ford
650 Madison Avenue, Suite 1902
New York , NY 10022
646-217-7571
Sharon
December 30, 2010 (In the event that you do agree to this request, please let me know exactly what you mean by an "amortization schedule".)
January 4, 2011 (An amortization schedule is not information the Bank is required to provide you.)
January 10, 2011 “If there happen to be any mistakes by Pacific Capital Bank – I have no knowledge of any mistakes, so this is hypothetical from my point of view – those could be addressed in any cure of the payment defaults.”
January 25, 2011 “With regard to your request for an amortization schedule, an amortization schedule is necessarily based upon assumptions, such as a static interest rate, and assumes strict performance by the borrower as required by the terms of the loan. In the case of your loan, the significant defaults and the agreements that have been made not only make any previously-issued amortization not relevant to the loan’s current status, but they preclude a current amortization, since the defaults are continuing, additional charges are being incurred, and the time to maturity is decreasing, among other things. Should the loan be put in a performing status, we could address amortization schedule issues at that time.”
Please provide this information to Gerald J. Ford, Jonathan Sobel and Steve Begleiter in regards to how Pacific Capital Bank is amortizing their loans! It is unfortunate that I am having, to be a whistle blower and that my businesses are affected by Pacific Capital Bank employees, actions!
Sincerely
Bill Bookout
Oceano Nursery
Pismo Beach
Plumerias Garden
-----------------------------------------------------------------------------------------------------------------
From: George C. Lazar [mailto:glazar@foxjohns.com]
Sent: Monday, May 12, 2008 1:52 PM
To: Bill Bookout
Subject: RE: Pacific Capital Bank
Mr. Bookout:
This email is In response to your various emails and with regard to certain pending matters.
Request for Copy of Note:
See Attached.
Request for Information Regarding Application of Payments:
Upon your compliance with the deposit request (see below), the Bank will undertake to research the application of payments. This will take some time.
Annual Financial Statement:
Under the loan documents, you are to provide an annual financial statement. The form is attached. Please transmit directly to Ms. Sheffield upon completion.
Tax Returns:
Under the loan documents, you are to provide copies of your tax returns. Please transmit your 2006 and 2007 returns, complete with schedules and attachments, directly to Ms. Sheffield.
Deposit Required:
The requests you have made, and the delinquencies in the documentation, have resulted in the Bank incurring additional attorney's fees. As a result, you are requested to forward to Pacific Capital Bank, c/o Ms. Sheffield, a check in the amount of $750.00 to cover anticipated attorney's fees incurred in responding to the requests for information. Of course, this amount is only an estimate, and if the fees exceed the amount received, an additional deposit will be required. Please forward the deposit as soon as possible so that the Bank can begin work on the research you have requested.
George C. Lazar
FOX JOHNS LAZAR PEKIN & WEXLER, APC
525 B Street, Suite 1500
San Diego, California 92101-4417
Tel: 619.595.7187
Toll Free: 877.272.3734
Fax: 877.227.0150
email: glazar@foxjohns.com
THIS EMAIL IS INTENDED FOR THE DESIGNATED RECIPIENT(S) ONLY AND MAY CONTAIN CONFIDENTIAL MATERIAL, INCLUDING ATTORNEY-CLIENT COMMUNICATIONS. IF YOU RECEIVE THIS EMAIL IN ERROR, PLEASE NOTIFY ME BY RETURN EMAIL AND DELETE THIS EMAIL TOGETHER WITH ANY ATTACHMENTS.
From: Bill Bookout [mailto:Pismobeachdiveshop@charter.net]
Sent: Monday, December 27, 2010 7:49 AM
To: 'ombudsman@fdic.gov'
Cc: 'Debbie.Whiteley@pcbancorp.com'; 'Debra.stevens@pcbancorp.com'; 'D.VernonHorton@pacificcapitalbank.com'; 'CarlB.Webb@pacificcapitalbank.com'; 'Carol.Zepke@pcbancorp.com'; 'GordonJ.Wahlgren@pacificcapitalbank.com'; 'GeorgeS.Leis@pacificcapitalbank.com'; 'consumer@dfi.ca.gov'; 'ombudsman@sba.gov'; 'ombudsman@fdic.gov'; 'crigley@newtimesslo.com'; 'Carlos.Mendoza@sba.gov'; 'sandra.sheffield@pacificcapitalbank.com'; 'GeraldJ.Ford@pcbancorp.com'; 'velie@calcoastnews.com'; 'dwalters@sacbee.com'; 'davecongalton@edbroadcasters.com'; 'Ashker, Terrill K.'; 'Ruben.Garcia@sba.gov'; 'christopher.mckeehan@sba.gov'; 'dporter@dfi.ca.gov'; 'ajsantana@co.slo.ca.us'; 'ombudsman@sba.gov'; 'publicaffairs3@occ.treas.gov'
Subject: RE: Pacific Capital Bank breaking signed contracts and not properly applying principal in a SBA Loan
December 27, 2010
Office of the Comptroller of the Currency
Customer Assistance Group
1301 McKinney Street, Suite 3450
Houston , TX 77010-9050
1-713-336-4301 (Fax)
Re: Pacific Capital Banks Retaliatory actions after asking questions about my SBA Loan # 664-196-4009. Pacific Capital Banks errors of payments and Principal Payments since 2007, per the Pacific Capital Bank-June 28, 2007-Forbearance And Workout Agreement signed by Sandra Sheffield July 2, 2007! Pacific Capital Banks Intimidation by George C. Lazar to present, as seen in his letters attached above! OCC Case # 770567 Case # 01388906 Case # 01394465
Is Pacific Capital Bank operating in a safe and sound manner and in compliance with laws requiring fair treatment of their customers and fair access to credit and financial products? Are Pacific Capital Banks actions consistent with banking statutes, regulations or any policies that are applicable to nationally chartered banking institutions?
Dear Office of the Comptroller of the Currency, FDIC, SBA and DFI
It is impossible to communicate with Pacific Capital Banks Attorney George C. Lazar and receive the answers to the questions asked of Pacific Capital Bank. Mr. Lazar of Pacific Capital Bank has not been very cooperative as seen in the documents attached above and his three retaliatory letters received December 16, 2010. Please view Mr. Lazars December 23, 2010 Email below! I am now again, asking the Office of the Comptroller of the Currency---U. S. Small Business Administration, DFI and the FDIC to help obtain the answers to all questions! Please review all documents at www.occquestions.com as Pacific Capital Bank States December 23, 2010: “In addition, since you have presented most, if not all, of your questions to a regulatory agency, a response is being prepared to that agency, as is appropriate.” Please also view www.pacificcapitalbankquestions.com under SBA Questions and at www.fdicquestions.com
1 Can the Office of the Comptroller of the Currency, provides an Amortization Schedule from Pacific Capital Banks 2007 Forbearance Agreement June 28, 2007? This Amortization Schedule will add new questions of Pacific Capital Bank OCC Case # 01394465
2 Can the Office of the Comptroller of the Currency explain why my extra Principal Payments of $78.94 are not applied to reduce this SBA Loan? Please review (PCB) Forbearance agreement and (PCB) accounting to the U.S. Small Business Administration September 13, 2010?
3 Can the Office of the Comptroller of the Currency explain why the (PCB) July 6, 2007 payment of principal and interest of $22,274.46 does not reduce the SBA Principal Balance per the signed (PCB) SBA 2007 Forbearance agreement? The Comptroller of the Currency on July 16, 2008 stated case # 770567 that this money was for Principal and interest from May 2006-August 2006! The Forbearance And Workout agreement signed by Pacific Capital Bank P. 3 (# 2 i) explains how PCB was to apply principal for May 2006-through September 2006 per the signed Forbearance agreement?
4 Pacific Capital Bank in this June 28, 2007 workout agreement acknowledged the Oceano Nursery flooding problems P. 1 E causing PCB---SBA loan problems. In the original SBA loan contract is a provision that I was required to fight Inverse Condemnation as is noted! Pacific Capital Bank on P. 6 ( # 5.) States: “Acknowledgement of Grant of Security Interest in Litigation.” Can the Office of the Comptroller of the Currency explain why with this knowledge of (PCB)Oceano Nursery flooding problems that the SBA and PCB would not grant the May 15, 2007 Workout Agreement as first presented by Pacific Capital Bank?
5 Can the Office of the Comptroller of the Currency, explain how Pacific Capital Bank can loose a payment deposit May 11, 2007 for the May 15, 2007 PCB Agreement prepared by Sandra Sheffield? Sandra Sheffield on May 17, 2007 after PCB letter of May 15, 2007 agreement, reneged on this agreement and this payment! Mr. Lazar talks about this payment June 18, 2007--August 1, 2007! Mr. Lazar in his July 23, 2007 letter states: “You can be assured that the funds were used for your benefit, as the funds were deposited into the account which was established at First Bank to hold the funds to implement the Forbearance Agreement, and thus have been made available for your benefit.” Mr. Lazar was made aware of this money June 6, 2007 in a letter to him attached! This letter explains Pacific Capital Banks actions from May 15, and May 17, 2007! Mr. Lazar responded June 18, 2007, showing his knowledge of this money! Please view my letter June 12, 2007 to First Bank of San Luis Obispo
6 Can the Office of the Comptroller of the Currency see that Pacific Capital Bank provides a copy of the 2007Appraisal for the 631 Lake Street
7 Can the Office of the Comptroller of the Currency, review the Pacific Capital Bank---George C. Lazar August 1, 2007 letter in regards to questions asked of Pacific Capital Bank? Mr. Lazar stated “The proper Bank officials will look into the computerized records and determine if there are any problems.” Are there any problems with this SBA loan in how Pacific Capital Bank accounts for payments?
8 Can the Office of the Comptroller of the Currency explain why the PCB July 12, 2007 extra principal payment of $878.94 does not reduce this SBA Loan Principal Balance from $420,024.30?
6) Can the Office of the Comptroller of the Currency explain why the July 17, 2007 PCB extra principal payment of $878.94 does not reduce this SBA Loan Principal Balance from $420,024.30?
7) Can the Office of the Comptroller of the Currency explain the July 20, 2007 extra principal payment of $478.94 does not reduce this SBA Loan Principal Balance?
9 Can the Office of the Comptroller of the Currency have Pacific Capital Bank explain why the Extra Principal payment $1,078.94 paid May 20, 2008 was not applied to principal reduction of the $420,024.30 stated principal balance?
10 Can the Office of the Comptroller of the Currency provide George C. Lazars Attorney legal fee invoices from August 22, 2007 for $1,078.45--September 13, 2007 for $850.00—September 25, 2007 from Bowers Deposit of $518.00 and October 1, 2007 of $25.00, that have been charged? George C. Lazar states August 1, 2007 per the holdback funds of $6,002.46----“As you know, the fees and costs incurred by the Bank will first be charged against the funds now held on account and when those funds have been exhausted, against the loan. If the fees and costs are not paid as due, that payment default would be under both the loan documents and the Workout Agreement.” Pacific Capital Bank legal costs should not occur after the May 15, 2007 agreement mistake made by Pacific Capital Bank! No Attorney fees should be charged after the OCC noted June 30, 2007 legal fee charge on August 9, 2007 for the May 17, 2007 actions by Pacific Capital Bank! Please review P. 4 D. of the 2007 forbearance agreement!
11 Please review the George C. Lazar July 23, 2007 Fax and letter in regards to questions asked of Pacific Capital Bank? Mr. Lazar blames Pacific Capital Banks computer system for not being properly adjusted for my payment of July 12, 2007?
12 Please pay attention in both of these, letters in regards to my May 11, 2007 SBA loan payment and how Mr. Lazar explains Pacific Capital Bank use of this money and how Sandra Sheffield did not know of this money! Mr. Lazar states: “When the insurance check was delivered to teller (it should have been sent to Ms. Sheffield) who had no immediate knowledge regarding the loan, the check was converted into a cashier’s check payable to the Bank. That cashier’s check was then held until agreement was reached on how those funds should be applied. As the accounting shows, the Bank agreed that it would enable the insurance proceeds to be applied against the Forbearance Agreement obligations.” Pacific Capital Bank had a May 15, 2007 forbearance agreement that Mrs. Sheffield prepared and then reneged on; putting Oceano Nursery out of business!
13 Please review the July 17, 2007 letter written to Sandra Sheffield and questions asked of Sandra Sheffield?
14 Office of the Comptroller of the Currency---In the Pacific Capital Bank July 24, 2007 monthly payment statement after the June 28, 2007 forbearance agreement, Pacific Capital Bank shows a Current Loan Balance of $420,024.30 @ 6% = a payment due of $4,121.06. Shouldn’t this payment have been $3,659.96 Amortized till October 2021? Has Pacific Capital Bank made a mistake?
15 The Office of the Comptroller of the Currency on July 16, 2008, last investigated Pacific Capital Bank Case # 770567. The OCC found Pacific Capital Bank charging Attorney fees on August 22, 2007 for $1,078.45--September 13, 2007 for $850.00—September 25, 2007 from Bowers Deposit of $518.00 and October 1, 2007 of $25.00! Why has Pacific Capital Bank charged $2,472.33 in Attorney fees since the PCB Attorney fees August 9, 2007 for $4,861.67 per the June 28, 2007 Forbearance Agreement? There, has been no prevailing party in any legal proceedings or actions in regards to this SBA Loan to date! Pacific Capital Bank does not have a legal right to charge Attorney fee’s of $2,472.33!
The Office of the Comptroller of the Currency on July 16, 2008 has stated: “The responsibility of the creditor is to extend credit up to the credit limit and to provide accurate and timely billing information.” Has, Pacific Capital Bank abided by this responsibility? Has, Pacific Capital Bank properly answered the questions asked of Pacific Capital Bank?
As an SBA customer it should not be my responsibility to account for Pacific Capital Banks mistakes! Pacific Capital Banks actions are not legal or proper and are now public record at www.occquestions.com ---- www.pacificcapitalbankquestions.com and www.fdicquestions.com
Sincerely
Bill Bookout
CC Carlos Mendoza----SBA
CC Terrill K. Asker----SBA----Fresno District Counsel (Acting)
CC Ruben Garcia-----SBA
CC Anthony Vigil-----SBA
CC Grady.Hedgespeth-------SBA
CC Christopher Mckeehan----SBA
CC Ombudsman--------SBA----FDIC
CC San Luis Obispo District Attorney---Debra Vallely--Director, Economic Crime Unit
CC Comptroller of the Currency Administrator of National Banks
CC William S. Haraf---D. Porter---California Department Of Financial Institutions
From: George C. Lazar [mailto:GLazar@foxjohns.com ]
Sent: Thursday, December 23, 2010 3:16 PM
To: Bill Bookout
Cc: Carol.Zepke@pcbancorp.com; Debbie.Whiteley@pcbancorp.com; Debra.stevens@pcbancorp.com; D.VernonHorton@pacificcapitalbank.com; CarlB.Webb@pacificcapitalbank.com; GordonJ.Wahlgren@pacificcapitalbank.com; GeorgeS.Leis@pacificcapitalbank.com; consumer@dfi.ca.gov; ombudsman@sba.gov; ombudsman@fdic.gov; Carlos.Mendoza@sba.gov; GeraldJ.Ford@pcbancorp.com
Subject: RE:
Mr. Bookout:
It is not impossible to communicate with me. I have responded promptly by FedEx or mail to all of your communications directed to me. However, as I have advised you several times, your communications to Pacific Capital Bank should be directed to me and not directed, or copied, to others at the Bank. Until such time as you comply with this request, I will not be responding substantively to your requests for information. In addition, since you have presented most, if not all, of your questions to a regulatory agency, a response is being prepared to that agency, as is appropriate.
Once you agree to the above, I will forward you a transcript of your account. However, because of the holidays, communications in the next week may be intermittent.
George C. Lazar
FOX JOHNS LAZAR PEKIN & WEXLER, APC
525 B Street, Suite 1500
San Diego , California 92101-4417
Tel: 619.595.7187
Toll Free: 877.272.3734
Mobile
Fax: 877.227.0150
email: glazar@foxjohns.com
THIS EMAIL IS INTENDED FOR THE DESIGNATED RECIPIENT(S) ONLY AND MAY CONTAIN CONFIDENTIAL MATERIAL, INCLUDING ATTORNEY-CLIENT COMMUNICATIONS. IF YOU RECEIVE THIS EMAIL IN ERROR, PLEASE NOTIFY ME BY RETURN EMAIL AND DELETE THIS EMAIL TOGETHER WITH ANY ATTACHMENTS.
From: Bill Bookout [mailto:Pismobeachdiveshop@charter.net]
Sent: Thursday, December 23, 2010 12:04 PM
To: 'Carol.Zepke@pcbancorp.com'
Cc: 'Debbie.Whiteley@pcbancorp.com'
Subject:
Pismo Beach Dive Shop, Pismo Beach Surf Shop
Plumerias Garden and Gifts Customers
Pacific Capital Bank has notified us that on January 6, 2011, they will be starting to foreclose on my Oceano Nursery Property and my Pismo Beach Property.
I have asked many question of Pacific Capital Bank-First Bank of San Luis Obispo in regards to my SBA Loan and Pacific Capital Banks actions since 2007. These unanswered questions are now public at www.pacificcapitalbankquestions.com
Pacific Capital Bank has chosen not to answer my questions since asked since 2007 and I now ask the help of the Public in seeing that Pacific Capital Bank answers all of my questions! Please help in contacting the following people and making Pacific Capital Banks actions public to their stockholder and investors.
With the public help my questions asked of Pacific Capital Bank should be answered and I will be able to save my businesses in Pismo Beach.
Pacific Capital Bancorp
1021 Anacapa Street
Third Floor
Santa Barbara, CA 93101
(805) 564-6405
Shareholder Relations Contact
Carol M. Zepke
Corporate Secretary
(805) 564-6298
Carol.Zepke@pcbancorp.com
Investor Relations Contact
Deborah L. Whiteley
Executive Vice President
(805) 884-6680
Debbie.Whiteley@pcbancorp.com
From: Bill Bookout [mailto:Pismobeachdiveshop@charter.net]
Sent: Thursday, December 23, 2010 8:21 AM
To: 'Carol.Zepke@pcbancorp.com'
Cc: 'Debbie.Whiteley@pcbancorp.com'; 'Debra.stevens@pcbancorp.com'; 'D.VernonHorton@pacificcapitalbank.com'; 'CarlB.Webb@pacificcapitalbank.com'; 'GordonJ.Wahlgren@pacificcapitalbank.com'; 'GeorgeS.Leis@pacificcapitalbank.com'; 'consumer@dfi.ca.gov'; 'ombudsman@sba.gov'; 'ombudsman@fdic.gov'; 'Carlos.Mendoza@sba.gov'; 'GeraldJ.Ford@pcbancorp.com'
Subject: RE: Pacific Capital Bank breaking signed contracts and not properly applying principal in a SBA Loan
December 23, 2010
Pacific Capital Bank
Carol Zepke
Debbie Whitely
Dear Mrs. Carol Zepke and Mrs. Debra Whitely,
Again, it is impossible to communicate with George C. Lazar in regards to banking matters with Pacific Capital Bank! Attached below is an Amortization Schedule that I have pulled off of the internet. From doing this Amortization Schedule, it appears that I have been over paying on my monthly payment by $184.80 dollars a month.
1 ) Please provide an Amortization Schedule from Pacific Capital Bank?
2 Please review the George C. Lazar August 1, 2007 letter in regards to questions asked of Pacific Capital Bank? Mr. Lazar stated “The proper Bank officials will look into the computerized records and determine if there are any problems.”
3 Please review the George C. Lazar July 23, 2007 letter in regards to questions asked of Pacific Capital Bank? Mr. Lazar blames the Pacific Capital Banks computer system for not being properly adjusted?
4 Please pay attention in both of these, letters in regards to my May 11, 2007 payment and how Mr. Lazar explains Pacific Capital Bank use of this money and how Sandra Sheffield did not know of this money! Mr. Lazar states: “When the insurance check was delivered to teller (it should have been sent to Ms. Sheffield) who had no immediate knowledge regarding the loan, the check was converted into a cashier’s check payable to the Bank. That cashier’s check was then held held until agreement was reached on how those funds should be applied. As the accounting shows, the Bank agreed that it would enable the insurance proceeds to be applied against the Forbearance Agreement obligations.”
Please explain why Pacific Capital Bank then reneged on the May 15, 2007 faxed agreement by Sandra Sheffield?
It would be nice to resolve this matter before Christmas
Sincerely
Bill Bookout
From: Bill Bookout [mailto:Pismobeachdiveshop@charter.net]
Sent: Wednesday, December 15, 2010 4:07 PM
To: 'Carlos.Mendoza@sba.gov'
Cc: 'Ashker, Terrill K.'; 'ombudsman@sba.gov'; 'ombudsman@fdic.gov'; 'legal@fdic.gov'; 'dporter@dfi.ca.gov'; 'Carol.Zepke@pcbancorp.com'; 'Debbie.Whiteley@pcbancorp.com'; 'Debra.stevens@pcbancorp.com'; 'christopher.mckeehan@sba.gov'; 'Linda.Coakley@sba.gov'; 'Ruben.Garcia@sba.gov'; 'grady.hedgespeth@sba.gov'; 'dvallely@co.slo.ca.us'; 'Anthony.Vigil@sba.gov'; 'consumer@dfi.ca.gov'; 'trossi@finprofiles.com'; 'sandra.sheffield@pacificcapitalbank.com'; 'rmiller@newtimesslo.com'; 'Colin Rigley'; 'sduerr@thetribunenews.com'; 'bray@thetribunenews.com'; 'Mark.K.Olson@pcbancorp.com'
Subject: RE: Pacific Capital Bank breaking signed contracts and not properly applying principal in a SBA Loan
December 15, 2010
U.S.
Anthony Virgil, Linda Coakley and Asker K. Terrill-
Dear Mr. Mendoza,
Re: SBA Loan # 664-196-4009 Errors of payments and Principal Payments since 2007, per the Pacific Capital Bank--Forbearance And Workout Agreement signed by Sandra Sheffield July 2, 2007! Pacific Capital Banks Intimidation as seen below by George C. Lazer!
It is impossible to communicate with Pacific Capital Banks Attorney George C. Lazer and receive the answers asked of Pacific Capital Bank. Mr. Lazer of Pacific Capital Bank has not been very cooperative as seen in the documents attached above! I am now asking the U. S. Small Business Administration to answer the following questions! Please review all documents at www.pacificcapitalbankquestions.com under SBA Questions!
1) Can the SBA explain why my extra Principal Payments of $78.94 are not applied to reduce this SBA Loan?
2) Can the SBA explain why the July 6, 2007 payment of $22,274.46 does not reduce the SBA Principal Balance? The Comptroller of the Currency on July 16, 2008 states case # 770567 that this money was for Principal and interest from May 2006-August 2006! The Forbearance And Workout agreement signed by Pacific Capital Bank P. 3 explains how this Principal was to be applied!
3) Can the SBA explain why there is no principal reduction as seen in the Pacific Capital Bank September 13, 2010 U.S. Small Business Administration Lenders Transcript of Account?
4) Can the SBA explain why the July 12, 2007 extra principal payment of $878.94 does not reduce this SBA Loan Principal Balance?
5) Can the SBA explain why the July 17, 2007 extra principal payment of $878.94 does not reduce this SBA Loan Principal Balance?
6) Can the SBA explain the July 20, 2007 extra principal payment of $478.94 does not reduce this SBA Loan Principal Balance?
7) Can the SBA explain the December 31, 2007 IRS 1098 form showing no extra principal paid, that was reported to the IRS?
8) Mr. Mendoza, why does Pacific Capital Bank report to the IRS an “Accrued Int Cr Adj” for interest of $635.79 and then not account for this in the Pacific Capital Bank September 13, 2010 SBA “Loan Transaction History”?
9) Mr. Mendoza, the July 6, 2007 interest on the amount paid of $22,274.46 does not give a break down for these months of interest at 6%? Could you provide this break down?
10) Can you have Pacific Capital Bank explain why the Extra Principal $1,078.94 paid May 20, 2008 was not applied to principal reduction?
11) Can the SBA explain why the July 30, 2008 extra principal payment of $78.94 does not reduce this SBA Loan Principal Balance?
12) Can the SBA explain why the September 2, 2008 extra principal payment of $78.94 does not reduce this SBA Loan Principal Balance?
13) Can the SBA explain why the September 30, 2008 extra principal payment of $78.94 does not reduce this SBA Loan Principal Balance?
14) Can the SBA explain why the November 3, 2008 additional principal payment of $78.94 to PCB, does not show in their September 12, 2010 SBA “Lender’s Transaction of Account”?
15) Can the SBA explain how Pacific Capital Banks December 3, 2008 additional principal payment of $78.94 does not show in their September 12, 2010 SBA “Lender’s Transaction of Account”?
16) Can the SBA explain how Pacific Capital Banks January 12, 2009 additional principal payment of $78.94 does not show in their September 12, 2010 SBA “Lender’s Transaction of Account”?
17) Can the SBA explain the additional Attorney fees for questions asked of Pacific Capital Bank, since the 2007 forbearance agreement?
18) I request from the SBA a copy of the Pacific Capital Bancorp fee documents 9/1//10 for $900.00 for the “Collateral Ecaluation Fee”?
19) I request a copy from the SBA--Pacific Capital Bancorps 9/17/2010 Appraisals for my 1311 Paso Robles Street property and my 470 Price Street
20) I request from the SBA a copy of the Pacific Capital Bancorp Appraisal for the 7/15/2010 “SFR Appraisal Fee” costing $350.00 and charged to my SBA Loan?
21) Can the SBA explain the 3/8/2010 $50.00 Attorney “Legal Fee” and any documents generated from this fee?
22) Can the SBA explain the June 18, 2007 PCB acknowledgement of a payment in May that Pacific Capital Bank would then forget that they had received in their May 17, 2007 actions? Please review the June 19, 2007 letter to Pacific Capital Bank!
23) Can the SBA comment on the George C. Lazer June 21, 2007 letter and explain if this is normal with SBA Loans? This letter was received on July 5, 2007 after signing the PCB Forbearance Agreement sent to the proper zip code June 28, 2007!
24) Can the SBA explain why Pacific Capital Bank is allowed to charge for communication with Pacific Capital Bank after the July 2, 2007 Forbearance Agreement as PCB requested communication with George C. Lazer in his July 17, 2007 letter? SBA Customers should have a Right to Ask Question’s of their SBA Loans! Please see July 23, 2007 letter to George C. Lazer explaining Pacific Capital Banks Actions!
25) Is it normal for SBA Banks to Intimidate Customers as seen in George C. Lazer’s July 23, 2007 letter? Mr. Lazer mentions Mistakes made by PCB and then talks about the payment made to PCB, taken out of my account before PCB’s May 17, 2007 actions! The Forbearance Agreement mentioned by Mr. Lazer would be May 15, 2007 and not the actions after by Pacific Capital Bank including not properly notifying me of my rights per the June 21st 2007 George C. Lazer letter that he sent to the wrong zip code, in which I did not receive until after my signed Forbearance and Workout agreement prepared by Mr. Lazer after! Mr. Mendoza, How is this action legal by a SBA Bank?
26) Is it normal for all U. S. Small Business Administration Customer’s to not receive answers to their questions as seen in the July 25, 2007 letter to George C. Lazer?
It is time for the Small Business Administration to see that all of these issues and questions above are resolved and I ask for the SBA’s help in this public matter. Attached are documents showing communication and questions asked of Pacific Capital Bank since January 2007! These documents can be seen also at www.pacificcapitalbankquestions.com
A) November 6, 2006 Oceano Nursery payment of $4,386.41 Deposited to Pacific Capital Bank payment account.
B) May 11, 2007 Pacific Capital Bank Documents of payment removed from account per May 15, 2007 PCB letter from Sandra Sheffield.
C) June 1, 2007 Forbearance Agreement prepared by Pacific Capital Banks Attorney George C. Lazer.
D) June 4, 2007 Letter written by Pacific Capital Banks Attorney George C. Lazer.
E) June 13, 2007 Fax from Pacific Capital Banks Attorney George C. Lazer.
F) June 18, 2007 Fax from Pacific Capital Banks Attorney George C. Lazer.
G) June 19, 2007 Letter written by Pacific Capital Banks Attorney George C. Lazer.
H) June 19, 2007 Pacific Capital Bank Deposit History—Showing the May 11, 2007 payment.
I) June 21, 2007 Letter written by Pacific Capital Banks Attorney George C. Lazer.
J) June 28, 2007 Letter and new Forbearance Agreement written by Pacific Capital Banks Attorney George C. Lazer.
K) July 2, 2007 Pacific Capital Bank Signed and faxed Forbearance Agreement by Sandra Sheffield.
L) July 6, 2007 Letter written by Pacific Capital Banks Attorney George C. Lazer.
M) July 17, 2007 Letter written to Sandra Sheffield of Pacific Capital Bank.
N) July 17, 2007 Letter written by Pacific Capital Banks Attorney George C. Lazer. RE: Sandra Sheffield.
O) July 17, 2007 Pacific Capital Bank Loan Accounting.
P) July 18, 2007 Pacific Capital Bank Loan Accounting.
Q) July 19, 2007 Pacific Capital Bank Loan Accounting and notes—with PCB posting correction.
R) July 23, 2007 Pacific Capital Bank Loan Accounting and notes---with PCB posting correction.
S) July 23, 2007 Letter written to Pacific Capital Banks Attorney George C. Lazer.
T) July 23, 2007 Fax from Pacific Capital Banks Attorney George C. Lazer.
U) July 23, 2007 Letter written by Pacific Capital Banks Attorney George C. Lazer.
V) July 24, 2007 Pacific Capital Bank Loan Accounting---with PCB posting correction.
W) July 25, 2007 Pacific Capital Bank Loan Accounting, with PCB posting corrections.
X) July 25, 2007 letter written to Pacific Capital Banks Attorney George C. Lazer.
Y) July 26, 2007 Pacific Capital Bank Loan Accounting---with PCB posting correction and lowering interest due.
Z) July 27, 2007 Pacific Capital Bank Loan Accounting---with PCB changing interest due to reduction to Late Charges paid!
AA) July 28, 2007 Pacific Capital Bank Loan Accounting---with PCB changing interest due to reduction to Late Charges paid!
BB) August 1, 2007 Pacific Capital Bank Loan Accounting---with PCB changing interest due and reapplying Late Charges!
CC) September 15, 2007 Pacific Capital Bank Loan Accounting---with PCB lowering interest due and late charge!
DD) May 20, 2008 Pacific Capital Bank Loan Accounting---with PCB changing Late Charges paid!
EE) November 26, 2008 communication with the SBA (Cynthia Pope) with Complaint to OCC
FF) November 30, 2008 communication with the SBA (Cynthia Pope) Explaining problems with Pacific Capital Bank SBA Loan.
GG)September 13, 2010 Pacific Capital Banks Accounting to the SBA showing their actions not in line with the 2007 Forbearance and Workout Agreement!
HH) December 14, 2010 Letter written by Pacific Capital Banks Attorney George C. Lazer.
Mr. Mendoza, please review this correspondence with Pacific Capital Bank and PCB’s fees to have my questions answered by the U.S. Small Business Administration! I give the SBA my full permission to talk to any and all News Media about Pacific Capital Banks actions as seen in these documents and their actions!
Sincerely
Bill Bookout
CC Terrill K. Asker----SBA----Fresno District Counsel (Acting)
CC Ruben Garcia-----SBA
CC Anthony Vigil-----SBA
CC Grady.Hedgespeth-------SBA
CC Christopher Mckeehan----SBA
CC Ombudsman--------SBA----FDIC
CC San Luis Obispo District Attorney---Debra Vallely--Director, Economic Crime Unit
CC Comptroller of the Currency Administrator of National Banks---RE: Case # 770567-- Case# 01388906
CC William S. Haraf---D. Porter---California Department Of Financial Institutions
CC Cal Coast
CC San Luis Obispo Tribune
CC San Luis Obispo New Times
From: Bill Bookout [mailto:Pismobeachdiveshop@charter.net]
Sent: Tuesday, December 14, 2010 6:23 PM
To: 'glazar@foxjohns.com'
Cc: 'Ashker, Terrill K.'; 'Carlos.Mendoza@sba.gov'; 'ombudsman@sba.gov'; 'ombudsman@fdic.gov'; 'legal@fdic.gov'; 'dporter@dfi.ca.gov'; 'Carol.Zepke@pcbancorp.com'; 'Debbie.Whiteley@pcbancorp.com'; 'Debra.stevens@pcbancorp.com'; 'christopher.mckeehan@sba.gov'; 'Linda.Coakley@sba.gov'; 'Ruben.Garcia@sba.gov'; 'grady.hedgespeth@sba.gov'; 'dvallely@co.slo.ca.us'; 'Anthony.Vigil@sba.gov'; 'consumer@dfi.ca.gov'; 'trossi@finprofiles.com'; 'sandra.sheffield@pacificcapitalbank.com'; 'rmiller@newtimesslo.com'; 'Colin Rigley'; 'sduerr@thetribunenews.com'; 'bray@thetribunenews.com'; 'Mark.K.Olson@pcbancorp.com'
Subject: RE: Pacific Capital Bank breaking signed contracts and not properly applying principal in a SBA Loan
December 14, 2010
Dear Mr. Lazer
RE: Your Letter Email, attached above!
Please see that the questions asked of Pacific Capital Bank and Sandra Sheffield Vice President SBA Credit Administration are answered. In our last communication you had stated: “The requests you have made, and the delinquencies in the documentation, have resulted in the Bank incurring additional attorney's fees. As a result, you are requested to forward to Pacific Capital Bank, c/o Ms. Sheffield, a check in the amount of $750.00 to cover anticipated attorney's fees incurred in responding to the requests for information. Of course, this amount is only an estimate, and if the fees exceed the amount received, an additional deposit will be required. Please forward the deposit as soon as possible so that the Bank can begin work on the research you have requested.
This is a SBA Loan and California
I have attached local News Media above as California and San Luis Obispo County Residents
Please inform Pacific Capital Bancorp, that I will not pay Pacific Capital Bancorp, money to have my questions answered, as you have stated! “$750.00 to cover anticipated attorney's fees incurred in responding to the requests for information.” I will no longer put up with your intimidation as seen again in your letter dated December 14, 2010! You Are not entitled to Attorney fees as seen in your closing statement for my questions asked of Pacific Capital Bancorp!
Sincerely
Bill Bookout
CC Carlos Mendoza----SBA
CC Terrill K. Asker----SBA----Fresno District Counsel (Acting)
CC Ruben Garcia-----SBA
CC Anthony Vigil-----SBA
CC Grady.Hedgespeth-------SBA
CC Christopher Mckeehan----SBA
CC Ombudsman--------SBA----FDIC
CC San Luis Obispo District Attorney---Debra Vallely--Director, Economic Crime Unit
CC Comptroller of the Currency Administrator of National Banks---RE: Case # 770567-- Case# 01388906
CC William S. Haraf---D. Porter---California Department Of Financial Institutions
CC Cal Coast
CC San Luis Obispo Tribune
CC San Luis Obispo New Times
From: George C. Lazar [mailto:GLazar@foxjohns.com]
Sent: Tuesday, December 14, 2010 5:09 PM
To: pismobeachdiveshop@charter.net
Subject: Pacific Capital Bank
Mr. Bookout:
Please see attached letter.
<<C35_Ltr2BookoutRECommunications 101214.pdf>>
George C. Lazar
FOX JOHNS LAZAR PEKIN & WEXLER, APC
525 B Street, Suite 1500
San Diego , California 92101-4417
Tel: 619.595.7187
Toll Free: 877.272.3734
Mobile
Fax: 877.227.0150
email: glazar@foxjohns.com
THIS EMAIL IS INTENDED FOR THE DESIGNATED RECIPIENT(S) ONLY AND MAY CONTAIN CONFIDENTIAL MATERIAL, INCLUDING ATTORNEY-CLIENT COMMUNICATIONS. IF YOU RECEIVE THIS EMAIL IN ERROR, PLEASE NOTIFY ME BY RETURN EMAIL AND DELETE THIS EMAIL TOGETHER WITH ANY ATTACHMENTS.
From: Bill Bookout [mailto:Pismobeachdiveshop@charter.net]
Sent: Monday, December 13, 2010 10:05 AM
To: 'sandra.sheffield@pacificcapitalbank.com'
Cc: 'Ashker, Terrill K.'; 'Carlos.Mendoza@sba.gov '; 'velie@coastnews.com '; 'rmiller@newtimesslo.com '; 'Colin Rigley'; 'ombudsman@sba.gov '; 'ombudsman@fdic.gov '; 'legal@fdic.gov '; 'dporter@dfi.ca.gov '; 'Carol.Zepke@pcbancorp.com' '; 'Debbie.Whiteley@pcbancorp.com' '; 'christopher.mckeehan@sba.gov '; 'Linda.Coakley@sba.gov '; 'Ruben.Garcia@sba.gov '; 'grady.hedgespeth@sba.gov '; 'Ponder, Mary'; 'dvallely@co.slo.ca.us'; 'Anthony.Vigil@sba.gov '; 'consumer@dfi.ca.gov' ; 'Narlene Carter-Keenan'; 'trossi@finprofiles.com '
Subject: RE: Lake Street
December 13, 2010
Pacific Capital Bank
Sandra Sheffield, Vice President
SBA Credit Administration
Pacific Capital Bank
591 Camino de la Reina, Suite 1010
San Diego
619.260.4483 office
Dear Mrs. Sheffield
RE: SBA Loan Questions and Pacific Capital Banks actions since December 4, 2010 requests of Pacific Capital Bank:
The Sale 631 Lake Street
I am again officially requesting that my questions asked of the SBA on December 3, 2010 and the Pacific Capital Bank on December 4, 2010 be immediately answered by Pacific Capital Bancorp; along with a few additional questions and requests below!
1) I request that Pacific Capital Bancorp, pay Keller Williams their 631 Lake Street
2) I request a copy of the Pacific Capital Bancorp fee documents 9/1//10 for $900.00 for the “Collateral Ecaluation Fee”?
3) I request a copy of the Pacific Capital Bancorp or (Bank) 9/17/2010 Appraisals for my 1311 Paso Robles Street property and my 470 Price Street
4) I request a copy of the Pacific Capital Bancorp Appraisal for the 7/15/2010 “SFR Appraisal Fee” costing $350.00 and charged to my SBA Loan? Please provide a copy of this Appraisal to Carrington Mortgage Services, who should have full knowledge of Pacific Capital Banks actions since 2007 affecting this SFR mortgage!
5) I request that Pacific Capital Bancorp purchase the 631 Lake Street
6) Please explain what the 6/3/2010 “UCC Search Fee” $15.50 is and provide any copy of documents?
7) Please provide an explanation of the 3/8/2010 $50.00 Attorney “Legal Fee” and any documents generated from this fee?
7) I request that Pacific Capital Bancorp, explain Pacific Capital Banks statement of December 6, 2010 that was brought to my attention by Keller Williams? “Narlene, We will take $5,000 under the condition that Mr. Bookout signs our Agreement to Release Collateral. I do not believe he will agree to that because it states that he will still be liable for the remaining balance.” See attached PCB document above!
The questions asked of Pacific Capital Bancorp, are now public record. I would like to have all of my questions answered of Pacific Capital Bancorp by December 15, 2010. Please view these questions also at www.pacificcapitalbankquestions.com
Sincerely
Bill Bookout
CC Carlos Mendoza----SBA
CC Terrill K. Asker----SBA----Fresno District Counsel (Acting)
CC Ruben Garcia-----SBA
CC Anthony Vigil-----SBA
CC Grady.Hedgespeth-------SBA
CC Christopher Mckeehan----SBA
CC Ombudsman--------SBA----FDIC
CC San Luis Obispo District Attorney---Debra Vallely--Director, Economic Crime Unit
CC Comptroller of the Currency Administrator of National Banks---RE: Case # 770567
CC William S. Haraf---D. Porter---California Department Of Financial Institutions
First Bank Of San Luis Obispo
From: Narlene Carter-Keenan [mailto:narlene@kw.com]
Sent: Tuesday, December 07, 2010 9:30 AM
To: pismobeachdiveshop@charter.net; Oceano Nursery
Cc: Kristel Thyrring; MaryJane Ponder
Subject: Fw: Lake Street
Bill and Vicki,
I hate to trouble you with this while you are on vacation. However, I think that Lake Street
At this time I think we need to pull Lake Street
Aloha, Narlene
----- Original Message -----
From: Sandra Sheffield
Sent: Monday, December 06, 2010 5:04 PM
Subject: RE: Lake Street
Narlene,
We will take $5,000 under the condition that Mr. Bookout signs our Agreement to Release Collateral. I do not believe he will agree to that because it states that he will still be liable for the remaining balance.
Sandra Sheffield, Vice President
SBA Credit Administration
Pacific Capital Bank
591 Camino de la Reina, Suite 1010
San Diego , CA
619.260.4483 office
619.260.4444 fax
From: Narlene Carter-Keenan [mailto:narlene@kw.com]
Sent: Tuesday, November 30, 2010 10:10 AM
To: Sandra Sheffield
Cc: pismobeachdiveshop@charter.net
Subject: Lake Street
Sandra,
The first is requiring Mr. Bookout to bring $5,000 to excrow to close the escrow. He does not have the money. Will you take $5,000 from the first? So, that they can use the other $5,000 as his contribution. Then we can get the lake street property closed.
Narlene
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of the intended recipient, you are hereby notified that any
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strictly prohibited. If you have received this communication in error
please notify us immediately by replying to postmaster@pcbancorp.com.
From: Bill Bookout [mailto:Pismobeachdiveshop@charter.net]
Sent: Saturday, December 04, 2010 12:27 PM
To: 'sandra.sheffield@pacificcapitalbank.com '
Cc: 'Ashker, Terrill K.'; 'Carlos.Mendoza@sba.gov '; 'velie@coastnews.com '; 'ombudsman@sba.gov '; 'ombudsman@fdic.gov '; 'legal@fdic.gov '; 'dporter@dfi.ca.gov '; 'grady.hedgespeth@sba.gov '; 'Ruben.Garcia@sba.gov '; 'Linda.Coakley@sba.gov '; 'christopher.mckeehan@sba.gov '; 'Colin Rigley'; 'rmiller@newtimesslo.com '; 'Debbie.Whiteley@pcbancorp.com' ; 'Carol.Zepke@pcbancorp.com'
Subject: RE: Ref. No SCC2009N-000518-0 Heritage Oaks Bank Theft or mistakes of Principal Paid to loan #
December 4, 2010
Pacific Capital Bank
Dear Mrs. Sheffield
Thank you, for your response, attached below! Yes, please provide a payoff statement for loan # 100983501. It is my understanding that Pacific Capital Bank will be receiving $10,000.00 from the sale of my personal residence, that the SBA/Pacific Capital Bank required as collateral in the 2007----------Per the SBA workout agreement as you stated April 17, 2007 “SBA approval and subject to the following terms and conditions:”
Attached below are some questions asked of the SBA that I would like answered with the Pacific Capital Bank payoff statement. All documents regarding these questions can be seen at www.pacificcapitalbankquestions.com
It is very unfortunate that Heritage Oaks Bank had misinformed Pacific Capital Bank and the SBA as seen in your May 15, 2007 workout agreement document with a cost of only $13,865.00 compared to the May 17, 2007 actions taken by the SBA and Pacific Capital Bank, costing $48,199.46 and putting Oceano Nursery out of Business with the signed SBA/Pacific Capital Banks July 2, 2007 work out agreement!
This additional $34,334.24 would have made a great difference in 2003 SBA business loan! This would have made my SBA payments in 2010! This would have given Oceano Nursery a chance, as I tried reopening Oceano Nursery after my Inverse Condemnation Lawsuit in 2008 and the POVE money used to help rebuild the Oceano Nursery in September and October 2008!
I do have a couple of questions that I did not ask of the SBA attached below and that is: Why would the SBA/Pacific Capital Bank need my personal residence as collateral when Pacific Capital Bank had an appraisal of $530,000.00 on my SBA Oceano Nursery property and a $1,500,000.00 appraisal on my Pismo Beach Property in 2007?
When the SBA/Pacific Capital Bank initiated foreclosure on May 17, 2007 after Pacific Capital Bank communication with Heritage Oaks Bank; would the SBA and Pacific Capital Bank try to foreclose on my Pismo Beach Property, First rather then the Oceano Nursery property with an appraisal of $530,000.00?
Why would Pacific Capital Bank require as seen in the E-mail below on May 12, 2008, that I would have to pay to have my questions answered of Pacific Capital Bank? “The requests you have made, and the delinquencies in the documentation, have resulted in the Bank incurring additional attorney's fees. As a result, you are requested to forward to Pacific Capital Bank, c/o Ms. Sheffield, a check in the amount of $750.00 to cover anticipated attorney's fees incurred in responding to the requests for information. Of course, this amount is only an estimate, and if the fees exceed the amount received, an additional deposit will be required. Please forward the deposit as soon as possible so that the Bank can begin work on the research you have requested.”
The questions asked of the SBA and Pacific Capital Bank, are now public record. I would like to have all of my questions answered by December 15, 2010.
Sincerely
Bill Bookout
SUBJECT:
RE: Resolution Offer - Bookout v. State of California et al. [CONFIDENTIAL]
FROM:
SANDRA.SHEFFIELD@pacificcapitalbank.com
TO:
Pismobeachdiveshop@charter.net
SENT:
Fri 03 Dec 2010 13:25:50 PST
EXPIRES:
Tue 01 Feb 2011 13:25:50 PST
Mr. Bookout,
The Bank will not take less on your loan than what is owed. The loan must be paid in full. Currently, the loan balance is approximately $422,000. Please let me know if you need a payoff statement.
Sandra Sheffield, Vice President
SBA Credit Administration
Pacific Capital Bank
591 Camino de la Reina, Suite 1010
San Diego
619.260.4483 office
619.260.4444 fax
From: Bill Bookout [mailto:Pismobeachdiveshop@charter.net]
Sent: Thursday, December 02, 2010 11:34 AM
To: Sandra Sheffield
Cc: 'Greg Connell'
Subject: RE: Resolution Offer - Bookout v. State of California et al.
December 2, 2010
Sandra Sheffield, Vice President
SBA Credit Administration
Pacific Capital Bank
591 Camino de la Reina, Suite 1010
San Diego
619.260.4483 office
Dear Mrs. Sheffield,
What is the current payoff of this SBA loan; per the letter attached below to Caltrans, County of San Luis Obispo
Would the SBA and Pacific Capital Bank be willing to take less of a payoff on this loan as all attached need our SBA loaned property to fix the flooding of State Highway 1?
The County of San Luis Obispo documents in what had been withheld from discovery in exhibit 579 back in 2002 and 2001, show the whole west side of Oceano flooding prior to State Highway 1.
Sincerely
Bill Bookout
________________________________
From: Greg Connell [mailto:gconnell@bbrlawfirm.com]
Sent: Thursday, December 02, 2010 10:35 AM
To: 'Adam M. Daner'; 'Thomas Cregger'; mpott@porterscott.com ; tcassidy@porterscott.com; derek_van_hoften@dot.ca.gov
Cc: 'John W. Belsher'; 'Bill Bookout'
Subject: Resolution Offer - Bookout v. State of California et al.
Counsel,
As you know our petition to the CA Supreme Court was recently rejected. I know our client is very disappointed with the Court of Appeals ruling and the Supreme Court's rejection of our petition on his flooding issues. He is currently considering filing another petition to the US Supreme Court. Our client has asked us to present all the defendants in this case with a possible final resolution of this litigation and the flooding issues on Hwy 1, 13th Street
Feel free to contact me or John Belsher to discuss this final resolution. If we don't hear from you by December 23, 2010, we will assume you have no interest in this type of resolution.
Regards,
Gregory A. Connell, Esq.
BELSHER, BECKER & ROBERTS
412 Marsh Street
San Luis Obispo , California 93401
Telephone: (805) 542-9900
Facsimile: (805) 542-9949
gconnell@bbrlawfirm.com<blocked::mailto:gconnell@bbrlawfirm.com>
The information contained in this transmission and any attached files are intended only for the named addressee(s) and may contain confidential, proprietary and/or privileged attorney-client material. Any interception, review, retransmission, dissemination, or other use of this information by parties other than the intended recipient(s) is strictly prohibited. If you received this communication in error, please notify the sender using either the "Reply" command or via telephone at (805) 542-9900.
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law. If you are not the intended recipient, or an employee or agent
of the intended recipient, you are hereby notified that any
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strictly prohibited. If you have received this communication in error
please notify us immediately by replying to postmaster@pcbancorp.com.
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From: Bill Bookout [mailto:Pismobeachdiveshop@charter.net]
Sent: Friday, December 03, 2010 2:13 PM
To: 'Ashker, Terrill K.'
Cc: 'Linda.Coakley@sba.gov '; 'Ruben.Garcia@sba.gov '; 'grady.hedgespeth@sba.gov '; 'christopher.mckeehan@sba.gov '; 'ombudsman@sba.gov '; 'ombudsman@fdic.gov '; 'dporter@dfi.ca.gov '; 'consumer@dfi.ca.gov' ; 'legal@fdic.gov '; 'dvallely@co.slo.ca.us'; 'ajsantana@co.slo.ca.us '; 'Colin Rigley'; 'rmiller@newtimesslo.com '; 'velie@coastnews.com '; 'Carlos.Mendoza@sba.gov '
Subject: RE: Ref. No SCC2009N-000518-0 Heritage Oaks Bank Theft or mistakes of Principal Paid to loan #
December 3, 2010
Small Business Administration---SBA Loan # 664-196-4009
Dear Mr. Terrill K. Asher Fresno District Counsel (Acting)
Carlos Mendoza, Anthony Virgil and Linda Coakley
Thank you for your response “The Small Business Administration is not able to answer any of your questions concerning your loan with Heritage Oaks Bank.” Prior problems with Heritage Oaks Bank, leading up to their Communication with Pacific Capital Bank can be seen at www.heritageoaksbankquestions.com
It is unfortunate that the action of Heritage Oaks Bank would have this large of an impact on my 2003 SBA loan as to put Oceano Nursery, out of business with HOB Communication with Pacific Capital Bank. Attached above are the Documents showing how Oceano Nursery was forced to have to go out of business, with Pacific Capital Banks communication with Heritage Oaks Bank after the PCB May 15, 2007 workout plan! Please see summery below!
I am officially requesting again to know the person or persons who had communicated with the SBA--Pacific Capital Bank; which generated the May 17, 2007 letter and actions from Pacific Capital Bank! See attached above. I am asking of the SBA to have all prior Questions asked of Pacific Capital Bank answered by the Small Business Administration as this SBA loan should have never been affected by Heritage Oaks Banks improper communication with Pacific Capital Bank! I should not be forced to pay Attorney fees for Questions asked of Pacific Capital Bank!
1) Pacific Capital Bank May 17, 2007 Letter in regards to communication with Heritage Oaks Bank, ultimately putting SBA loaned Oceano Nursery Out of Business.
2) Pacific Capital Bank July 2, 2007 Forbearance and Workout agreement.
3) March 12, 2007 letter to Pacific Capital Bank in a plea to be able to stay in business.
4) January 2, 2007 Communication in regards to loan
5) March 15, 2007 Pacific Capital Bank response to March 12, 2007 letter and PCB initial workout agreement.
6) April 17, 2007 Pacific Capital Bank revised workout agreement, followed by Deposit of $4, 377.67 for first payment removed from account by Pacific Capital Bank on May 11, 2007
7) May 15, 2007 proposed Workout Agreement that would have allowed the SBA loaned Oceano Nursery, to stay in business!
8) May 17, 2007 Pacific Capital Bank Communication with Heritage Oaks Bank , that ended the May 15, 2007 proposed Workout Agreement.
9) Pacific Capital Bank May 24, 2007 letter in regarding the Oceano Nursery going out of Business sale due to Heritage Oaks Banks Communication with Pacific Capital Bank!
10) June 6, 2007 Letter to Pacific Capital Banks Attorney in a request to continue a workout agreement including deposit of $4,377.67 withdrawn from account by Pacific Capital Bank! Reason for having going out of business sale from Pacific Capital Banks May 17, 2007 fax!
11) June 12, 2007 letter to First Bank of San Luis Obispo
12) Pacific Capital Bank December 31, 2007---IRS-- 1098 showing money not properly applied to loan per signed SBA workout agreements July 2, 2007! Extra Principal Payments not applied to reduce principal as requested!
13) Pacific Capital Bank December 31, 2008---IRS-- 1098 showing money not properly applied to loan per signed SBA workout agreements July 2, 2007! Extra Principal Payments not applied to reduce principal as requested! Late charges applied on a current loan!
14) Pacific Capital Bank December 31, 2009---IRS-- 1098 showing money not properly applied to loan per signed SBA workout agreements July 2, 2007! Extra Principal Payments not applied to reduce principal as requested! Late charges applied on a current loan!
15) Pacific Capital Bank September 20, 2010 communication with request for a new “Loan Transaction History” (September 13, 2010) showing Pacific Capital Bank not accounting for extra principal payment reduction per certified payment receipts from Bank of America!
16) Comptroller of the Currency Administrator of National Banks case # 770567July 16, 2008 letter in regards to my concern for payment processing of my SBA loan. Pacific Capital Bank responded to the OCC; giving an accounting of how principal and interest payments were to be applied to the SBA loan from the June 30, 2007 workout agreement! At no time was an Attorney ever hired to enforce or construing the agreement that Pacific Capital Bank made Attorney charges to my SBA loan for!
17) Letters and Fax’s written and sent to Pacific Capital Bank July 28, 2008 regarding the OCC accounting July 16, 2008 asking questions of this SBA Loan and a return of money not properly applied to my SBA loan! Summery of accounting information provided to the OCC and personal communication with Pacific Capital Banks Attorney George C. Lazar
Small Business Administration Carlos Mendoza, Anthony Virgil, Linda Coakley and Asker K. Terrill-
18) Can you have Pacific Capital Bank explain why my extra Principal Payments of $78.94 are not applied to reduce this SBA Loan?
19) Can you have Pacific Capital Bank explain why the July 6, 2007 payment of $22,274.46 does not reduce the SBA Principal Balance? The Comptroller of the Currency on July 16, 2008 states case # 770567 that this money was for Principal and interest from May 2006-August 2006! The Forbearance And Workout agreement signed by Pacific Capital Bank P. 3 explains how this Principal was to be applied!
20) Why is there no principal reduction as seen in the Pacific Capital Bank September 13, 2010 U.S.
21) Can you have Pacific Capital Bank explain why the July 12, 2007 extra principal payment of $878.94 does not reduce this SBA Loan Principal Balance?
22) Can you have Pacific Capital Bank explain why the July 17, 2007 extra principal payment of $878.94 does not reduce this SBA Loan Principal Balance?
23) Can you have Pacific Capital Bank explain why the July 20, 2007 extra principal payment of $478.94 does not reduce this SBA Loan Principal Balance?
24) Can you have Pacific Capital Bank explain the December 31, 2007 IRS 1098 form showing no extra principal paid, that was reported to the IRS?
25) Why does Pacific Capital Bank report to the IRS an “Accrued Int Cr Adj” for interest of $635.79 and then not account for this in the Pacific Capital Bank September 13, 2010 “Loan Transaction History”?
26) The July 6, 2007 interest on the amount paid of $22,274.46 does not give a break down for these months of interest at 6%? Could you provide this break down?
27) Can you have Pacific Capital Bank explain why the Extra Principal $1,078.94 paid May 20, 2008 was not applied to principal reduction?
28) Can you have Pacific Capital Bank explain why the July 30, 2008 extra principal payment of $78.94 does not reduce this SBA Loan Principal Balance?
29) Can you have Pacific Capital Bank explain why the September 2, 2008 extra principal payment of $78.94 does not reduce this SBA Loan Principal Balance?
30) Can you have Pacific Capital Bank explain why the September 30, 2008 extra principal payment of $78.94 does not reduce this SBA Loan Principal Balance?
31) Can you have Pacific Capital Bank Account for the November 3, 2008 additional principal payment of $78.94 that Pacific Capital Bank does not show in their September 12, 2010 SBA “Lender’s Transaction of Account”?
32) Can you have Pacific Capital Bank Account for the December 3, 2008 additional principal payment of $78.94 that Pacific Capital Bank does not show in their September 12, 2010 SBA “Lender’s Transaction of Account”?
33) Can you have Pacific Capital Bank Account for the January 12, 2009 additional principal payment of $78.94 that Pacific Capital Bank does not show in their September 12, 2010 SBA “Lender’s Transaction of Account”?
34) Could you have Pacific Capital Bank explain the Additional Attorney fees for questions asked of Pacific Capital Bank?
It is time for the Small Business Administration to see that all of these issues and questions above are resolved and I ask for the SBA’s help in this public matter.
Please review prior email correspondence below with Pacific Capital Bank and their fees to have my questions answered!
Sincerely
Bill Bookout
From: Bill Bookout [mailto:Pismobeachdiveshop@charter.net]
Sent: Tuesday, May 13, 2008 5:56 PM
To: 'George C. Lazar'
Subject: RE: Pacific Capital Bank
Dear Mr. Lazar
I am withdrawing my request for information regarding Application of Payments. I did not realize your response of May 7, 2008 could cost me additional Money.
Sincerely
Bill Bookout
From: George C. Lazar [mailto:glazar@foxjohns.com]
Sent: Monday, May 12, 2008 1:52 PM
To: Bill Bookout
Subject: RE: Pacific Capital Bank
Mr. Bookout:
This email is In response to your various emails and with regard to certain pending matters.
Request for Copy of Note:
See Attached.
Request for Information Regarding Application of Payments:
Upon your compliance with the deposit request (see below), the Bank will undertake to research the application of payments. This will take some time.
Annual Financial Statement:
Under the loan documents, you are to provide an annual financial statement. The form is attached. Please transmit directly to Ms. Sheffield upon completion.
Tax Returns:
Under the loan documents, you are to provide copies of your tax returns. Please transmit your 2006 and 2007 returns, complete with schedules and attachments, directly to Ms. Sheffield.
Deposit Required:
The requests you have made, and the delinquencies in the documentation, have resulted in the Bank incurring additional attorney's fees. As a result, you are requested to forward to Pacific Capital Bank, c/o Ms. Sheffield, a check in the amount of $750.00 to cover anticipated attorney's fees incurred in responding to the requests for information. Of course, this amount is only an estimate, and if the fees exceed the amount received, an additional deposit will be required. Please forward the deposit as soon as possible so that the Bank can begin work on the research you have requested.
George C. Lazar
FOX JOHNS LAZAR PEKIN & WEXLER, APC
525 B Street, Suite 1500
San Diego , California 92101-4417
Tel: 619.595.7187
Toll Free: 877.272.3734
Fax: 877.227.0150
email: glazar@foxjohns.com
THIS EMAIL IS INTENDED FOR THE DESIGNATED RECIPIENT(S) ONLY AND MAY CONTAIN CONFIDENTIAL MATERIAL, INCLUDING ATTORNEY-CLIENT COMMUNICATIONS. IF YOU RECEIVE THIS EMAIL IN ERROR, PLEASE NOTIFY ME BY RETURN EMAIL AND DELETE THIS EMAIL TOGETHER WITH ANY ATTACHMENTS.
From: Bill Bookout [mailto:Pismobeachdiveshop@charter.net]
Sent: Thursday, May 08, 2008 11:32 AM
To: George C. Lazar
Subject: RE: Bank Held Note
Dear Mr. Lazar
Thank you for responding to my e-mail and turning my request for a copy of my original note with First Bank of San Luis Obispo
1 )How was the November 23, 2004 payments check # 083916 for October and November 2004 payments of $7,129.11 applied to principal $1,056.32 with interest paid of $6,072.79?
2) How was the payment from checking made 1/18/05 for $3,533.68 not applied to Principal statement 1/6/05-2/4/05?
3) How was the July 22, 2005 Payment check # 0211010476 of $15,233.18 applied to principal with a reduction only of $4,862.68 between 7/22/05-7/25/05?
4) Why was the November 28, 2005 payment of $4100.00 not applied to any principal?
5) Why was the January 17, 2006 payment of 4,209.14 not applied to any principal?
6) How was the February 24, 2006 payment of $12,562.00 applied to principal and then changed February 27, 2006 to a interest only payment?
7) How was the March 23, 2006 payment of 13,559.85 paid March 22, 2006 check # 1546 applied?
Thanks
Bill Bookout
From: George C. Lazar [mailto:glazar@foxjohns.com ]
Sent: Wednesday, May 07, 2008 2:44 PM
To: Bill Bookout
Subject: RE: Bank Held Note
I will pass the request along. I should have something by Friday, at the latest
George C. Lazar
FOX JOHNS LAZAR PEKIN & WEXLER, APC
525 B Street, Suite 1500
San Diego , California 92101-4417
Tel: 619.595.7187
Toll Free: 877.272.3734
Fax: 877.227.0150
email: glazar@foxjohns.com
THIS EMAIL IS INTENDED FOR THE DESIGNATED RECIPIENT(S) ONLY AND MAY CONTAIN CONFIDENTIAL MATERIAL, INCLUDING ATTORNEY-CLIENT COMMUNICATIONS. IF YOU RECEIVE THIS EMAIL IN ERROR, PLEASE NOTIFY ME BY RETURN EMAIL AND DELETE THIS EMAIL TOGETHER WITH ANY ATTACHMENTS.
From: Bill Bookout [mailto:Pismobeachdiveshop@charter.net]
Sent: Tuesday, May 06, 2008 4:53 PM
To: George C. Lazar
Subject: Bank Held Note
Dear Mr. Lazar
Could you please fax me a copy of my original note with First Bank of San Luis Obispo
Sincerely
Bill Bookout
From: Bill Bookout [mailto:Pismobeachdiveshop@charter.net]
Sent: Friday, August 01, 2008 12:44 PM
To: 'George C. Lazar'
Cc: 'SANDRA.SHEFFIELD@pacificcapitalbank.com'
Subject:
Dear Mr. George C. Lazar
As Pacific Capital Bank has requested through you for me to contact you without notice of costs for my banking questions of Pacific Capital Bank again I have many questions. Enclosed is my online banking account summery as of today. You will notice some mistakes by Pacific Capital Bank as we have talked about in the past.
1) The interest paid year to date does not show a principal reduction as previously asked of you and Pacific Capital Bank, in 2007 and 2008 along with Pacific Capital Banks Vice President Sandra Sheffield? Instead Pacific Capital Bank is applying this money towards interest, going against the Forbearance and Workout Agreement prepared by you and Pacific Capital Bank. Could you explain why this is happening?
2) When I had been previously behind on payments, shouldn’t Pacific Capital Bank had, put my loan on Non Accrual at some point in time? This does not show in the payments below on Pacific Capital Banks online summery along with the changes that had been done in July and August 2007.
3) In regards to my May 11, 2007 business checking deposit and automatic loan withdrawal payment that I made with the assistance of then First Bank President Reese Davies deposited and then removed from my account for a payment. Again why did Pacific Capital Bank not apply this to a payment as your June 21, 2007 letter gives Pacific Capital Banks policy on how money is withdrawn from an account and not initially applied toward principal and interest? You mention a restricted account and a signature card that would need to be signed for money held by Pacific Capital Bank? This was never mentioned when this payment was made nor did Sandra Sheffield have a problem with this payment at this time. In fact she was unaware a payment had been made in her May 15, 2007 fax and then her fax action on May 17, 2008!
4) Doesn’t Pacific Capital Bank have to answer to the SBA, FDIC, OCC and the Internal Revenue Service in accounting for their banking action as shown above?
As it appears Pacific Capital Bank has made some major mistakes, and at this time I am requesting Pacific Capital to make some corrections answer the above questions along with all of my previous questions asked of Pacific Capital Bank to date.
At this time I am requesting Pacific Capital Bank to refund all of the fees charged in their unjustified foreclosure actions after accepting a payment and not being able to account for this action, total ling $25,929.00 plus Interest from July 21, 2007 of 12% to be paid immediately.
The lien put on my principal residence 631 Lake Street
As this is potentially a very embarrassing situation for Pacific Capital Bank/First Bank of San Luis Obispo and we are both trying to make a living and improvements in our communities in which we work and serve I would like to resolve Pacific Capital Banks prior actions and am making an offer before continuing to have the SBA, FDIC OCC and the Internal Revenue Service investigate Pacific Capital Banks actions since loan payments in 2006. Again please answer all of my current and previous questions!
Please see that this email is also received by Pacific Capital Banks President, Board of Directors and Stockholders as this will be my last request of answers of questions asked before going to the SBA, FDIC, OCC and the Internal Revenue Service and the public to have all of my questions answered!
Sincerely
Bill Bookout
From: Ashker, Terrill K. [mailto:terrill.ashker@sba.gov]
Sent: Friday, December 03, 2010 9:03 AM
To: Bill Bookout
Cc: Vigil, Anthony J.; Coakley, Linda M. (PCR); Mendoza, Carlos G.
Subject: RE: Ref. No SCC2009N-000518-0 Heritage Oaks Bank Theft or mistakes of Principal Paid to loan #
Mr. Bookout:
The Small Business Administration is not able to answer any of your questions concerning your loan with Heritage Oaks Bank.
Very truly yours,
Terrill K. Ashker
Fresno District Counsel (Acting)
From: Bill Bookout [mailto:Pismobeachdiveshop@charter.net]
Sent: Thursday, December 02, 2010 5:23 PM
To: Vigil, Anthony J.
Cc: Coakley, Linda M. (PCR); SBA National Ombudsman; Mendoza, Carlos G.
Subject: RE: Ref. No SCC2009N-000518-0 Heritage Oaks Bank Theft or mistakes of Principal Paid to loan #
December 2, 2010
Small Business Administration
Anthony Virgil and Linda Coakley
Please contact me about questions asked regarding Heritage Oaks Bank, affecting my SBA loan?
Please review Questions asked at www.heritageoaksbankquestions.com
Sincerely
Bill Bookout
@co.slo.ca.us]
Pacific_Capital_Bank-SBA_Workout...
Pacific Capital Bank since May 11, 2007 has broken Loan modification promises that has affected my businesses (Oceano Nursery) (Plumerias Garden and Gifts and Pismo Beach Dive Shop) I am now asking for the publics help in immediately seeing that Pacific Capital Bank starts in resolving these issues since May 11, 2007 as seen at www.pacificcapitalbancorp.co -- www.sbaquestions.net -- www.occquestions.com
www.pacificcapitalbankquestions.com -and www.fdicquestions.com ----SF Gate
The public can help by asking questions of Pacific Capital Bank through the News Media, ABC News, CBS News, NBC News, Fox News, the Office of the Comptroller of the Currency Case # 01394465 and the SBA! Carlos.Mendoza@sba.gov San Francisco Chronicle Bob Egelko at begelko@sfchronicle.com New Times crigley@newtimesslo.com Cal Coast News velie@calcoastnews.com San Luis Obispo Tribune sduerr@thetribunenews.com Santa Maria Times Press Recorder eslater@timespressrecorder.com This is a news story that begins in 2004 with Inverse Condemnation, that now needs to be known!
Pacific Capital Bank in 2007 knowing of flooding problems and an Inverse Condemnation Lawsuit required in my First Bank of San Luis Obispo Oceano Nursery SBA loan to Fight Inverse Condemnation! Pacific Capital Bank then broke a May 15, 2007 agreement after recieving a loan payment May 11, 2007. Pacific Capital Bank/Sandra Sheffield then took foreclosure actions on May 17, 2007 costing Oceano Nursery $34,334.24 business working capital and Oceano Nursery to close!
After signing a Pacific Capital Bank new loan modification June 28, 2007, Pacific Capital Bank immediatly broke this signed modification agreement by not properly amortizing my SBA loan and charging Attorney fees against the 2007 loan modification! Pacific Capital Bank when questioned stated August 1, 2007 “The proper Bank officials will look into the computerized records and determine if there are any problems.” Pacific Capital Bank has had 3 years with no corrections!
Pacific Capital Bank had stated prior on July 23, 2007 after questioning payments made in July 2007: "With regard to the payment of July 12th, it was not immediately applied against the outstanding obligation because the Bank's commputer system was being adjusted based upon the forbearance Agreement that was executed; it should be applied by now." Pacific Capital Bank to date has ignored the loan modification and (SBA form 147 Note) requiring PCB to reamortize this SBA loan yearly! Pacific Capital Bank has been unable to account for their Attorney fees and how they have Amortized my SBA loan in 2007 in their favor, as seen below in communication with Pacific Capital Bank!
December 14, 2010 "Also, I noted in your communication that you indicate you have filed a complaint with the Office of the Comptroller of the Currency. As we discussed in the past, we will not discuss matters relating to the OCC complaint until that complaint has been resolved by the OCC. Because you chose that forum in which to raise your complaint, it is only fair that we allow the OCC to proceed with what it deems appropriate."
December 15, 2010 " This letter is to notify you that under the terms of the Agreement, Pacific Capital Bank hereby elects to terminate the Agreement. In addition, pursuant to Section 3(b) of the Agreement, demand is hereby made that no later than fifteen (15) business days from the date of this letter, you pay to Pacific Capital Bank $96,228.27, which represents the difference between the amount owing on the Note from July 6, 2007 through the date of this letter less the amounts paid under the Agreement."
December 16, 2010 "As requested by you, I reviewed the questions asked of Mr. Mendoza as posted on your website and note that these questions appear to be similar to those incorporated into your OCC complaint. As discussed previously , until the OCC resolves that complaint, the OCC remains the forum you have chosen to resolve the outstanding disputes and the one the Bank will respond in, if a response is requested."
December 21, 2010 "Until your communications, such as the request for an amortization table, are directed soly to me, you can anticipate that no response of any kind will be forthcoming. Pacific Capital has the right to designate to whom you should communicate and it intends to rely on that right.
December 22, 2010 " Mr. Sheffield has forwarded to me certain emails sent by you to her on December 20, 2010 and December 21, 2010. In those emails you requested an amortization schedule and also ask for responseses to certain questions."
"To reiterate, I am your sole point of contact, and as long as you persist in ignoring this fact, you should not expect a response. Please do not further communicate with Mrs. Sheffield on matters raised in your emails noted above, or on any other matter."
December 23, 2010
From: George C. Lazar [mailto:
Sent: Thursday, December 23, 2010 3:16 PM
To: Bill Bookout
Cc: Carol.Zepke@pcbancorp.com; Debbie.Whiteley@pcbancorp.com; Debra.stevens@pcbancorp.com; D.VernonHorton@pacificcapitalbank.com; CarlB.Webb@pacificcapitalbank.com; GordonJ.Wahlgren@pacificcapitalbank.com; GeorgeS.Leis@pacificcapitalbank.com; consumer@dfi.ca.gov; ombudsman@sba.gov; ombudsman@fdic.gov; Carlos.Mendoza@sba.gov; GeraldJ.Ford@pcbancorp.com
Subject: RE:
Mr. Bookout:
It is not impossible to communicate with me. I have responded promptly by FedEx or mail to all of your communications directed to me. However, as I have advised you several times, your communications to Pacific Capital Bank should be directed to me and not directed, or copied, to others at the Bank. Until such time as you comply with this request, I will not be responding substantively to your requests for information. In addition, since you have presented most, if not all, of your questions to a regulatory agency, a response is being prepared to that agency, as is appropriate.
Once you agree to the above, I will forward you a transcript of your account. However, because of the holidays, communications in the next week may be intermittent.
George C. Lazar
FOX JOHNS LAZAR PEKIN & WEXLER, APC
December 30, 2010 "Second, you asked for an amortization schedule. As I indicated in my email of last week, I will provide information on your agreement that you will communicate only with me, rather than sending emails to a number of persons at Pacific Capital Bank. As you have not made that agreement, I do not feel that any further response is necessary. I believe that the request that you communicate with me is reasonable and necessary, and we will insist on that condition. (In the event that you do agree to this request, please let me know exactly what you mean by an "amortization schedule".)
FOX JOHNS LAZAR PEKIN & WEXLER, APC"
January 10, 2011 “If there happen to be any mistakes by Pacific Capital Bank – I have no knowledge of any mistakes, so this is hypothetical from my point of view – those could be addressed in any cure of the payment defaults.”
FOX JOHNS LAZAR PEKIN & WEXLER, APC"
January 25, 2011 “With regard to your request for an amortization schedule, an amortization schedule is necessarily based upon assumptions, such as a static interest rate, and assumes strict performance by the borrower as required by the terms of the loan. In the case of your loan, the significant defaults and the agreements that have been made not only make any previously-issued amortization not relevant to the loan’s current status, but they preclude a current amortization, since the defaults are continuing, additional charges are being incurred, and the time to maturity is decreasing, among other things. Should the loan be put in a performing status, we could address amortization schedule issues at that time.”
January 25, 2011 “With regard to the questions you have been propounding which you chose to resolve through complaint to the OCC, this email will advise you that Pacific Capital Bank has responded to the OCC within their prescribed timeframes, and we assume they will follow up with you based upon that response. Any issues you have with the Bank’s response to the OCC, or with the OCC’s response, should be taken up with the OCC.”
February 2, 2011 “Pacific Capital Bank is no longer lending under the SBA program. As a result, a refinance from Pacific Capital is not something that could be done, although another lender might be in a position to make the proposed loan.”
February 12, 2011 "Mr. Bookout: It should be unnecessary, but once again I will reiterate that Pacific Capital Bank’s failure to respond to any of your demands for a response within a certain time frame is not admission of the validity of any claim you make. And, to the extent that you assert a failure to respond as being an admission on the part of Pacific Capital Bank, any such assertion would be a false statement knowingly made by you.
FOX JOHNS LAZAR PEKIN & WEXLER, APC"
February 23, 2011 "Mr. Bookout: Your call to the SBA Office of Pacific Capital Bank this morning is improper. As you have been advised, I am the sole point of contact for any authorized discussions with you regarding your loan and any related matters. Your refusal to abide by the Bank’s wishes with regard to communications is very troubling. Please respect the Bank’s desire to have all communications directed through me.
George C. Lazar
FOX JOHNS LAZAR PEKIN & WEXLER, APC"
May 12, 2008 “The requests you have made, and the delinquencies in the documentation, have resulted in the Bank incurring additional attorney's fees. As a result, you are requested to forward to Pacific Capital Bank, c/o Ms. Sheffield, a check in the amount of $750.00 to cover anticipated attorney's fees incurred in responding to the requests for information. Of course, this amount is only an estimate, and if the fees exceed the amount received, an additional deposit will be required. Please forward the deposit as soon as possible so that the Bank can begin work on the research you have requested.”
July 28, 2008 "Dear Mr. Bookout: In response to your request for Pacific Capital Bank’s payment to you of the sum of $6,815.12 plus interest, this letter is to state that the Bank has determined that it will not make the payment.
In addition, this letter will advise you that although the attorney’s fees incurred in responding to the OCC complaint(s) were not charged against your outstanding loan, all other attorney’s fees incurred will, to the extent allowed under the applicable loan documents, be charged against the loan. The Bank reserves the right to demand immediate payment of the amounts owing or to add the amounts, together with interest if allowed, to any payoff demand.
Very truly yours,
George C. Lazar
FOX JOHNS LAZAR
“Proceedings.
The public can help by asking questions of Pacific Capital Bank through the News Media, Office of the Comptroller of the Currency Case # 01394465 and the SBA! Carlos.Mendoza@sba.gov E-mail Bob Egelko at begelko@sfchronicle.com SF Gate. New Times crigley@newtimesslo.com Cal Coast News velie@calcoastnews.com San Luis Obispo Tribune sduerr@thetribunenews.com Santa Maria Times Press Recorder eslater@timespressrecorder.com This is a news story that begins in 2004 with Inverse Condemnation, that now needs to be known!
The U.S. Small Business Administration Loan Agreement for Oceano Nursery states in my Deed Of Trust with First Bank Of San Luis Obispo and the SBA that I am required on Page 4 of this Deed Of Trust to Fight Inverse Condemnation of my property! Pacific Capital Bank instead of working with my flooding (Inverse Condemnation) problems in 2007 deciding to renege on a signed contract of May 15, 2007 two days later on May 17, 2007 as seen in this PDF file!
US Small Business Administration Loan # 6641964009
"The Following Provisions relating to eminent domain and inverse condemnation proceeding are part of this Deed of Trust.”
If any imminent domain or inverse condemnation proceeding is commenced affecting the property, Trustor shall promptly notify Lender in writing, and Trustor shall promptly take such steps as may be necessary to pursue or defend the action and obtain the award. Trustor may be a nominal party in any such proceeding, but Lender shall be entitled, at its election, to participate in the proceeding and to be represented in the proceeding by counsel of its own choice, and Trustor will deliver or cause to be delivered to Lender such instruments and documents as may be requested by Lender from time to time to permit such participation.”
“Application of Net Proceeds. If any award is made or settlement entered into in any condemnation proceedings affecting all or any part of the property or by any proceeding or purchase in lieu of condemnation, Lender may at its election, and to the extent permitted by law, require that all or any portion of the award or settlement be applied to the indebtedness and to the repayment of all reasonable costs, expenses, and attorney’s fees incurred by trustee or Lender in connection with the proceedings.”
Chief Justice Tani Cantil-Sakauye and Associate Justice Ming W. Chin This video photos show Caltrans Grading and Shoveling debris into this California storm water drainage channel! As seen at www.governorjerrybrown.net
Pacific Capital Bank Breach of Contract--Pacific Capital Bancorp Amortization Schedule pdf... It is unfortunate that Pacific Capital Bank would not properly amortize the SBA Loan for Oceano Nursery. The public's help is now needed as Pacific Capital Bank has now improperly filed a notice of default January 14, 2010. Please help in contacting California News Media and asking them to cover this story! Mr. Gerald J. Ford, please review this email to you and the questions asked of Pacific Capital Bank since 2007 Hilltop Holdings Inc_Gerald_J. Ford PDF...
Mr Gerald J. Ford please review this communication with Flexpoint Ford in regards to Pacific Capital Banks actions in not wanting to provide an Amortization Schedule! Flexpoint Ford complaint in Pacific Capital Bank Accounting PDF... Pacific Capital Bank Shareholders and Investors, please review Pacific Capital Banks Actions! Pacific Capital_Bank Shareholder Information pdf... Please Contatct Pacific Capital Bank at 1-805-564-6298 and 1-805-884-6680 Pacific Capital Banks Attorney George C. Lazar letter January 10, 2011---Pacific Capital Bank Breach of Contract pdf... Showing Pacific Capital Banks full knowledge of Questions asked of Pacific Capital Bank!
Gerald J. Ford of Ford Financial Fund-----Unfortunatly questions previously asked of Pacific Capital Bank now need to be asked publically, in order to not have to pay Attorney fees to have these questions answered. Please view questions asked up to January 7, 2011--- Pacific Capital Bank Improper Loan Amortization... The U.S. Small Business Administration is aware of all of Pacific Capital Banks actions to date and have been asked to answer the questions asked of Pacific Capital Bank through Carlos Mendoza and Terrill K. Ashker. Gerald J. Ford SBA Questions pdf...
Please review this PDF file to see what happened to Oceano Nursery in 2007, that lead to its closure in 2008! SBA Loan Questions documents for Terrill K. Ashker Anthony Virgil and Linda Coakley--SBA to review pdf...
Pacific Capital Bankcorp Gerad J. Ford Financial Fund PDF...
Mr. Ford and the SBA--Please Review Communication in this PDF file to questions asked of Pacific Capital Bank! U.S. Small Business Administration SBA Complaint pdf...
----------------------------------------------------------------------------------------------------------------------------------- January 10, 2011 “If there happen to be any mistakes by Pacific Capital Bank – I have no knowledge of any mistakes, so this is hypothetical from my point of view – those could be addressed in any cure of the payment defaults.” January 25, 2011 “With regard to your request for an amortization schedule, an amortization schedule is necessarily based upon assumptions, such as a static interest rate, and assumes strict performance by the borrower as required by the terms of the loan. In the case of your loan, the significant defaults and the agreements that have been made not only make any previously-issued amortization not relevant to the loan’s current status, but they preclude a current amortization, since the defaults are continuing, additional charges are being incurred, and the time to maturity is decreasing, among other things. Should the loan be put in a performing status, we could address amortization schedule issues at that time.” From: Bill Bookout [mailto:Pismobeachdiveshop@charter.net] February 10, 2011 CARLOS G. MENDOZA John Manalli District Director Deputy District Director Central California/ Small Business Administration 801 R. Street, Suite 201 559/487-5785, Ext 2710 800/359-1833, OPTION 6 1559-487-5791 EXT. 2705 Dear Mr. Carlos Mendoza and Mr. John Manalli Thank you for your responses February 10, 2011 Mr. Ashker is unable to answer the questions asked of the SBA below! Please see that the SBA answers the questions asked of the U.S. Small Business Administration February 8, 2011 below. It is now time to go public with Pacific Capital Banks actions that have affected my SBA loan since 2007! Please review all Questions asked of Pacific Capital Bank at www.pacificcapitalbankquestions.com and www.occquestions.com Why does the SBA allow Pacific Capital Bank to over charge my SBA Loan $182.26 dollars a month as they have not properly amortized my Business SBA loan since July 2007? 1) Are SBA banks allowed to ignore (SBA form 147 Note) on fixed rate loans as Pacific Capital Bank has done since 2007? 2) Are SBA loaned banks allowed to monthly over charge their SBA customers in their SBA business loans as Pacific Capital Bank has done to the Oceano Nursery loan since July 2, 2007? 3) Do banks providing SBA loans to their customers not have to provide Amortization Schedules as Pacific Capital Bank has stated: January 4, 2011 (An amortization schedule is not information the Bank is required to provide you.) 4) How long has Pacific Capital Bank not been doing SBA loans as stated by Pacific Capital Bank? February 2, 2011 “Pacific Capital Bank is no longer lending under the SBA program. As a result, a refinance from Pacific Capital is not something that could be done, although another lender might be in a position to make the proposed loan.” With banking problems in the Sincerely From: Manalli, John A. [mailto:John.Manalli@sba.gov] Mr. Bookout: Acting District Counsel Terrill K. Ashker is the SBA official designated to receive all of your communications concerning your problems with Pacific Capital Bank. Mr. Ashker will then respond as appropriate. Accordingly, please direct all future communications only to Mr. Ashker; his email address is terrill.ashker@sba.gov. Sincerely john manalli Deputy District Director Fresno District Office My DirectBus: 559 487 5791 Ext. 2705 My Email: john.manalli@sba.gov My Desktop fax: 202 741 6859 District fax: 559 487 5636 From: Bill Bookout [mailto:Pismobeachdiveshop@charter.net] Carlos Mendoza and Mr. John Manalli It is now time to make a News story out of Pacific Capital Banks actions since 2007 in regards to my SBA loan with Pacific Capital Bank. I am giving the SBA full authority to talk to News Media about my SBA loan with Pacific Capital Bank. Could the SBA answer the following four questions regarding my SBA loan with Pacific Capital Bank? Are SBA banks allowed to ignore (SBA form 147 Note) on fixed rate loans as Pacific Capital Bank has done since 2007? Are SBA loaned banks allowed to monthly over charge their SBA customers in their SBA business loans as Pacific Capital Bank has done to the Oceano Nursery loan since July 2, 2007? Do banks providing SBA loans to their customers not have to provide Amortization Schedules as Pacific Capital Bank has stated: January 4, 2011 (An amortization schedule is not information the Bank is required to provide you.) How long has Pacific Capital Bank not been doing SBA loans as stated by Pacific Capital Bank? February 2, 2011 “Pacific Capital Bank is no longer lending under the SBA program. As a result, a refinance from Pacific Capital is not something that could be done, although another lender might be in a position to make the proposed loan.” From: Ryan Miller [mailto:rmiller@newtimesslo.com] Hey Bill - San Luis Obispo New Times From: George C. Lazar [mailto:GLazar@foxjohns.com] From: Bill Bookout [mailto:Pismobeachdiveshop@charter.net] From: Bill Bookout [mailto:Pismobeachdiveshop@charter.net] From: Mckeehan, Christopher S. [mailto:christopher.mckeehan@sba.gov] To the best of my knowledge, SBA has not received any notice from Pacific Capital Bank that it is no longer participating in the SBA loan-guaranty program. You should ask Pacific Capital Bank directly when it stopped making SBA-guaranteed loans. Please address any future SBA inquiries only to me. Terrill K. Ashker Fresno District Counsel (Acting) From: Bill Bookout [mailto:Pismobeachdiveshop@charter.net] February 2, 2011 Dear SBA. How long has Pacific Capital Bank, not been doing SBA Loans? George C. Lazar from Pacific Capital Bank has stated in this email February 1, 2011: From: George C. Lazar [mailto:GLazar@foxjohns.com] Mr. Bookout: Pacific Capital Bank is no longer lending under the SBA program. As a result, a refinance from Pacific Capital is not something that could be done, although another lender might be in a position to make the proposed loan. George C. Lazar Fax: 877.227.0150
From: George C. Lazar [mailto:GLazar@foxjohns.com] Mr. Bookout: I received your voicemail message of this afternoon asking for a return call. I will not be returning your call, because you advised me last week that you felt you had the right to record any telephone conversation, whether or not I consented. (As previous communications have made clear, neither I nor anybody at Pacific Capital Bank consents to being recorded.) Also, since, as you made clear in our call of December 31st, you are recording any calls to play to the national media, I do not consent to any use you make of the phone conversations you may have already recorded. I will, of course, respond to any written communications. However, as I have previously advised you, I will not be providing any substantive responses until such time as you agree, in writing, that you will communicate exclusively with me for the purpose of communicating to Pacific Capital Bank regarding your loan. You have persisted in your efforts to involve other Bank employees in this matter. As a result, I remain unwilling to provide you any information that the Bank is not required to provide you. (An amortization schedule is not information the Bank is required to provide you.) If there is anything further at this time, please let me know, in writing. George C. Lazar Fax: 877.227.0150 ------------------------------------------------------------------------------------------------ From: George C. Lazar [mailto:GLazar@foxjohns.com] Mr. Bookout: This email is to confirm our discussion of yesterday. First of all, you indicated that you were planning on filing a complaint against me with the State Bar of California and asked for my bar number. I directed you to the website of the State Bar of California (calbar.org) which will provied you with all the information you need. Second, you asked for an amortization schedule. As I indicated in my email of last week, I will provide information on your agreement that you will communicate only with me, rather than sending emails to a number of persons at Pacific Capital Bank. As you have not made that agreement, I do not feel that any further response is necessary. I believe that the request that you communicate with me is reasonable and necessary, and we will insist on that condition. (In the event that you do agree to this request, please let me know exactly what you mean by an "amortization schedule".) Finally, as I indicated last week in an email message, I am out of the office. I will be checking emails in the event of an emergency. Otherwise, I will be back in the office on Monday, the 3rd, in the event there is anything further. George C. Lazar From: Bill Bookout [mailto:Pismobeachdiveshop@charter.net] February 4, 2011 Sharon Iannone Flexpoint Ford 646-217-7571 December 30, 2010 (In the event that you do agree to this request, please let me know exactly what you mean by an "amortization schedule".) January 4, 2011 (An amortization schedule is not information the Bank is required to provide you.) January 10, 2011 “If there happen to be any mistakes by Pacific Capital Bank – I have no knowledge of any mistakes, so this is hypothetical from my point of view – those could be addressed in any cure of the payment defaults.” January 25, 2011 “With regard to your request for an amortization schedule, an amortization schedule is necessarily based upon assumptions, such as a static interest rate, and assumes strict performance by the borrower as required by the terms of the loan. In the case of your loan, the significant defaults and the agreements that have been made not only make any previously-issued amortization not relevant to the loan’s current status, but they preclude a current amortization, since the defaults are continuing, additional charges are being incurred, and the time to maturity is decreasing, among other things. Should the loan be put in a performing status, we could address amortization schedule issues at that time.” Please provide this information to Gerald J. Ford, Jonathan Sobel and Steve Begleiter in regards to how Pacific Capital Bank is amortizing their loans! It is unfortunate that I am having, to be a whistle blower and that my businesses are affected by Pacific Capital Bank employees, actions! Sincerely Bill Bookout Oceano Nursery From: George C. Lazar [mailto:glazar@foxjohns.com] Mr. Bookout: This email is In response to your various emails and with regard to certain pending matters. Request for Copy of Note: See Attached. Request for Information Regarding Application of Payments: Upon your compliance with the deposit request (see below), the Bank will undertake to research the application of payments. This will take some time. Annual Financial Statement: Under the loan documents, you are to provide an annual financial statement. The form is attached. Please transmit directly to Ms. Sheffield upon completion. Tax Returns: Under the loan documents, you are to provide copies of your tax returns. Please transmit your 2006 and 2007 returns, complete with schedules and attachments, directly to Ms. Sheffield. Deposit Required: The requests you have made, and the delinquencies in the documentation, have resulted in the Bank incurring additional attorney's fees. As a result, you are requested to forward to Pacific Capital Bank, c/o Ms. Sheffield, a check in the amount of $750.00 to cover anticipated attorney's fees incurred in responding to the requests for information. Of course, this amount is only an estimate, and if the fees exceed the amount received, an additional deposit will be required. Please forward the deposit as soon as possible so that the Bank can begin work on the research you have requested. George C. Lazar
California News Media and U.S Small Business Administration----Please review the emails below from Pacific Capital Bank! Please pay attentions to Pacific Capital Banks reasons for not wanting to provide an Amortization Schedule for this SBA Loan! Attached is an email to-- Flexpoint Ford ---showing Flexpoint Ford the actions of Pacific Capital Bank since 2007!
SBA Form Form 147 SBA_Form_147_Note.pdf is viewed as questions asked of the SBA in regards to Pacific Capital Bank not properly amortizing a SBA loan from 2007, affecting a California Small Business! SBA_Form_147.pdf
December 30, 2010 (In the event that you do agree to this request, please let me know exactly what you mean by an "amortization schedule".)
January 4, 2011 (An amortization schedule is not information the Bank is required to provide you.)
Sent: Thursday, February 10, 2011 4:07 PM
To: 'Manalli, John A.'
Cc:
Subject: RE: SBA Bank Fraud------Office of the Comptroller of the Currency Case # 01394465 Pacific Capital Bank Retaliatory Actions! Trustee
Bill Bookout
Oceano Nursery-----
Sent: Thursday, February 10, 2011 1:05 PM
To: Bill Bookout
Cc: Ashker, Terrill K.
Subject: RE: SBA Bank Fraud------Office of the Comptroller of the Currency Case # 01394465 Pacific Capital Bank Retaliatory Actions! Trustee
Sent: Wednesday, February 09, 2011 1:27 PM
To: Mendoza, Carlos G.
Cc: San Diego General Box; Manalli, John A.
Subject: RE: SBA Bank Fraud------Office of the Comptroller of the Currency Case # 01394465 Pacific Capital Bank Retaliatory Actions! Trustee
U. S. Small Business Administration US Small Business Administration
(559) 487-5791
Dear Mr. Carlos Mendoza and Mr. John Manalli,
Sent: Wednesday, February 09, 2011 9:42 AM
To: Bill Bookout
Cc: Colin Rigley
Subject: Re: SBA Bank Fraud------Office of the Comptroller of the Currency Case # 01394465 Pacific Capital Bank Retaliatory Actions! Trustee
Sorry, but I responded to your initial e-mail before I saw this follow-up. I’ll talk with Colin about future coverage of your situation.
RYAN
On 2/8/11 5:23 PM, "Bill Bookout" <Pismobeachdiveshop@charter.net> wrote:
Ryan Miller and Colin Rigley,
Pacific Capital Bank George C. Lazar has asked that I correct the third party statement to the New Times of San Luis Obispo below! I am officially correcting this “third party to help resolve the outstanding issues” Statement per Mr. George C. Lazars request!
I am now hoping the new times will do a story on both of our sides of this issue with Pacific Capital Bank going back to 2007. Mr. Lazar can be reached at 1-619-595-7187 for Pacific Capital Banks side of this story.
Please note that Mr. George C. Lazar has no other disputes per the email to him today at 2:35 pm, nor the Office of the Comptroller of the Currency Case # 01394465 February 7, 2011 This will make a good news story as stated by George C. Lazar January 10, 2011 “If there happen to be any mistakes by Pacific Capital Bank – I have no knowledge of any mistakes, so this is hypothetical from my point of view – those could be addressed in any cure of the payment defaults.”
Sent: Tuesday, February 08, 2011 4:15 PM
To: Bill Bookout
Subject: RE: SBA Bank Fraud------Office of the Comptroller of the Currency Case # 01394465 Pacific Capital Bank Retaliatory Actions! Trustee
Please correct the false statement in your email.
I did not say that I wanted a third party to help resolve the outstanding issues.
George C. Lazar
FOX JOHNS LAZAR PEKIN & WEXLER, APC
Tel: 619.595.7187
Toll Free: 877.272.3734
Fax: 877.227.0150
email: glazar@foxjohns.com <BLOCKED::mailto:glazar@foxjohns.com>
THIS EMAIL IS INTENDED FOR THE DESIGNATED RECIPIENT(S) ONLY AND MAY CONTAIN CONFIDENTIAL MATERIAL, INCLUDING ATTORNEY-CLIENT COMMUNICATIONS. IF YOU RECEIVE THIS EMAIL IN ERROR, PLEASE NOTIFY ME BY RETURN EMAIL AND DELETE THIS EMAIL TOGETHER WITH ANY ATTACHMENTS.
From: Bill Bookout [mailto:Pismobeachdiveshop@charter.net]
Sent: Tuesday, February 08, 2011 4:11 PM
To: rmiller@newtimesslo.com
Cc: crigley@newtimesslo.com; George C. Lazar
Subject: RE: SBA Bank Fraud------Office of the Comptroller of the Currency Case # 01394465 Pacific Capital Bank Retaliatory Actions! Trustee
San Luis Obispo New Times
Ryan Miller and Colin Rigley,
Would the New Times be willing to mediate this dispute with Pacific Capital Bank that has put Oceano Nursery out of business and is now affecting my businesses in
Below is my side of the story with Pacific Capital Banks documents seen in PDF files at www.pacificcapitalbankquestions.com <http://www.pacificcapitalbankquestions.com/> I believe it was about a year ago, was the last time the New Times reported about Pacific Capital Bank and my problems with Pacific Capital Bank?
This story will show how banks treat their loans and how they do not have to properly amortize their loans as George C. Lazar States January 4, 2011 (An amortization schedule is not information the Bank is required to provide you.)
Sent: Tuesday, February 08, 2011 2:35 PM
To: 'George C. Lazar'
Cc:
Subject: RE: SBA Bank Fraud------Office of the Comptroller of the Currency Case # 01394465 Pacific Capital Bank Retaliatory Actions! Trustee
February 8, 2011
Mr. George C. Lazar,
In regards to Pacific Capital Banks undisputed Breach of Contract and Bank Fraud as seen in the Fidelity National Title Company Trustee Sale No: 11-00125-5DL recorded on January 14, 2011 against my Oceano Nursery Property, my Pismo Beach Dive Shop and
It is time for us to work out Pacific Capital Banks Breach of Contract and Bank Fraud by Pacific Capital Bank since 2007. Please see that Pacific Capital Bank comes up with a proposal to resolve the actions by Pacific Capital Bank! I have attached your January 12, 2011 email below, with your acknowledging the Pacific Capital Banks documents in the websites www.pacificcapitalbankquestions.com <http://www.pacificcapitalbankquestions.com/> – www.occquestions.com <http://www.occquestions.com/> and www.fdicquestions.com <http://www.fdicquestions.com/> Mr. Lazar, you have stated “With regard to any requests for comment on matters you have place on the Internet, or in your written materials, Pacific Capital Bank will not respond to those requests. Silence is not to be deemed agreement that your materials are accurate.”
Pacific Capital Banks silence is now unfortunately public record; it is now time to see that Pacific Capital Bank resolves the issues to the questions asked of Pacific Capital Bank! Please review the February 6, 8, 2011 letters to U. S. Small Business Administration and the February 7, 2011 letter to the Office of the Comptroller of the Currency Case # 01394465.
December 30, 2010 (In the event that you do agree to this request, please let me know exactly what you mean by an "amortization schedule".)
January 4, 2011 (An amortization schedule is not information the Bank is required to provide you.)
January 10, 2011 “If there happen to be any mistakes by Pacific Capital Bank – I have no knowledge of any mistakes, so this is hypothetical from my point of view – those could be addressed in any cure of the payment defaults.”
January 25, 2011 “With regard to your request for an amortization schedule, an amortization schedule is necessarily based upon assumptions, such as a static interest rate, and assumes strict performance by the borrower as required by the terms of the loan. In the case of your loan, the significant defaults and the agreements that have been made not only make any previously-issued amortization not relevant to the loan’s current status, but they preclude a current amortization, since the defaults are continuing, additional charges are being incurred, and the time to maturity is decreasing, among other things. Should the loan be put in a performing status, we could address amortization schedule issues at that time.”
January 25, 2011 “With regard to the questions you have been propounding which you chose to resolve through complaint to the OCC, this email will advise you that Pacific Capital Bank has responded to the OCC within their prescribed timeframes, and we assume they will follow up with you based upon that response. Any issues you have with the Bank’s response to the OCC, or with the OCC’s response, should be taken up with the OCC.”
February 2, 2011 “Pacific Capital Bank is no longer lending under the SBA program. As a result, a refinance from Pacific Capital is not something that could be done, although another lender might be in a position to make the proposed loan.”
May 12, 2008 “The requests you have made, and the delinquencies in the documentation, have resulted in the Bank incurring additional attorney's fees. As a result, you are requested to forward to Pacific Capital Bank, c/o Ms. Sheffield, a check in the amount of $750.00 to cover anticipated attorney's fees incurred in responding to the requests for information. Of course, this amount is only an estimate, and if the fees exceed the amount received, an additional deposit will be required. Please forward the deposit as soon as possible so that the Bank can begin work on the research you have requested.”
At this point, there is no reason for Pacific Capital Bank to not want to resolve the undisputed Breach of Contract and Bank Fraud by Pacific Capital Bank since 2007!
With your statements as seen above, it is pretty easy to show Pacific Capital Banks errors!
Sincerely
Bill Bookout
Oceano Nursery-----
----------------------------------------------------------------------------------
From: George C. Lazar [mailto:GLazar@foxjohns.com]
Sent: Wednesday, January 12, 2011 6:17 PM
To: Bill Bookout
Subject: RE: Pacific Capital Bank
Mr. Bookout:
As you have been advised a number of times, I am your sole point of contact for purposes of communications with Pacific Capital Bank. Until such time as you acknowledge this decision by the Bank, and stop sending emails to various employees, the only response will be that which is required by law.
With regard to any requests for comment on matters you have place on the Internet, or in your written materials, Pacific Capital Bank will not respond to those requests. Silence is not to be deemed agreement that your materials are accurate.
As I indicated previously, if you have a proposal to work out the default on your loan, please direct it to me.
George C. Lazar
FOX JOHNS LAZAR PEKIN & WEXLER, APC
Tel: 619.595.7187
Toll Free: 877.272.3734
Fax: 877.227.0150
email: glazar@foxjohns.com <BLOCKED::mailto:glazar@foxjohns.com>
THIS EMAIL IS INTENDED FOR THE DESIGNATED RECIPIENT(S) ONLY AND MAY CONTAIN CONFIDENTIAL MATERIAL, INCLUDING ATTORNEY-CLIENT COMMUNICATIONS. IF YOU RECEIVE THIS EMAIL IN ERROR, PLEASE NOTIFY ME BY RETURN EMAIL AND DELETE THIS EMAIL TOGETHER WITH ANY ATTACHMENTS.
---------------------------------------------------------------------------------------------------------------------------
Sent: Tuesday, February 08, 2011 10:38 AM
To:
Cc:
Subject: RE: SBA Bank Fraud------Office of the Comptroller of the Currency Case # 01394465 Pacific Capital Bank Retaliatory Actions! Trustee
February 8, 2011
Carlos Mendoza and Mr. John Manalli
U. S. Small Business Administration US Small Business Administration
(559) 487-5791
Dear Mr. Carlos Mendoza and Mr. John Manalli
Below is a response from the SBA in regards to my February 6, 2011 communication with the SBA in regards to Pacific Capital Banks Breach of Contract and Bank Fraud, as seen in Pacific Capital Banks actions; after turning Pacific Capital Bank into the Office of the Comptroller of the Currency. SBA, Shawn McKeehan has stated: “I am not an SBA loan officer. I suggest you contact the lender or the
Mr. Carlos Mendoza and Mr. John Manalli as officers of the SBA; please review this letter to the Office of the Comptroller of the Currency February 7, 2011 as Pacific Capital Bank has chosen not to respond to questions asked of Pacific Capital Bank! Please see that the SBA takes action in regards to Pacific Capital Banks Breach of Contract and Bank Fraud as seen in Pacific Capital Banks January 25, 2011 email accounting of this SBA loan that was presented to Fidelity National Title Company. This accounting by Pacific Capital Bank now documents their Bank Fraud and Breach of Contract!
Please review the websites www.pacificcapitalbankquestions.com <http://www.pacificcapitalbankquestions.com/> – www.occquestions.com <http://www.occquestions.com/> and www.fdicquestions.com <http://www.fdicquestions.com/> as all communication in regards to Pacific Capital Banks actions since 2007 can be seen on these websites! It is important that what Pacific Capital Bank has done to my SBA business loan does not happen to other SBA loaned businesses!
Sincerely
Bill Bookout
Oceano Nursery-----
From: Bill Bookout [mailto:Pismobeachdiveshop@charter.net]
Sent: Monday, February 07, 2011 10:31 AM
To: 'HelpWithMyBank.faq'
Cc:
Subject: RE: SBA Bank Fraud------Office of the Comptroller of the Currency Case # 01394465 Pacific Capital Bank Retaliatory Actions! Trustee
February 7, 2011 Office of the Comptroller of the Currency Case # 01394465
Office of the Comptroller of the Currency Case # 01394465
Fax # 713-336-4301
Re: Office of the Comptroller of the Currency Case # 01394465 Pacific Capital Bank Retaliatory Actions after filing a complaint with the Office of the Comptroller of the Currency! Pacific Capital Banks December 14, 2010 letter and Trustee Sale No: 11-00125-5DL
Dear Office of the Comptroller of the Currency
Pacific Capital Bank has refused to provide an amortization schedule for this SBA Loan; I have done a little more research and on June 23, 2007 Pacific Capital Bank provided a payment notice with a debt balance of $474,298.51 up to July 6, 2007. This debt was paid down on July 2, 2007 by $22,274.46 leaving a balance of $452, 024.05 that Pacific Capital Bank was to amortize 171 payments at 6%. From an Amortization Schedule this should have been a payment of $3,938.80 instead of Pacific Capital Banks payment amount of $4,121.00 as stated owed by Pacific Capital Bank on December 15, 2010! Mr. George C. Lazar claim of late fees to be accurate, shows Pacific Capital Banks fraud and breach of contract!
Loan Summary
Principal: $452024.05
Interest Rate: 6%
Loan Term: 171 months
Payment Summary
Number of Payments: 171
Monthly Payment: $3,938.80
Total Principal Paid: $452,024.05
Total Interest Paid: $221,510.19
Total Paid: $673,534.24
Pacific Capital Bank in their December 15, 2010 letter after filing the Office of the Comptroller of the Currency Case # 01394465; ignored the SBA form 147 Note that states “Lender must adjust the payment at least annually as needed to amortize principal over the remaining term of the note.” This means with my extra principal payments in 2007 of $2,236.82 should have lowered my monthly payment. In 2008 the extra principal payments of $1,556.61 should have lowered the monthly principal payment. In 2009 the extra principal paid of $236.82 should have lowered the monthly principal payment even more per the SBA form 147! This breach of contract results in $4,030.25 dollars that PCB had not taken into account on December 15, 2010 which should have lowered my January 1, 2010 payment down to $3,898.90 per month showing a difference of $221.00 a month being overcharged by Pacific Capital Bank in 2010! This is a Breach of Contract by Pacific Capital Bank! Pacific Capital Bank in their August 1, 2007 letter attached, had the chance to correct their mistakes, per their written response in 2007!
This means that Pacific Capital Bank has purposely been overcharging my SBA loan by $182.26 dollars a month! And then in 2010 $221.00 a month! Plus, charging improper attorney fees in 2007 of $2,471.45 which was a breach of contract with the 2007 forbearance and workout agreement prepared by Pacific Capital Bank. Pacific Capital Banks January 14, 2011 Trustee Sale No: 11-00125-5DL is Pacific Capital Bank; bank fraud per their itemization of delinquency presented to Fidelity National Title Company and recorded on January 14, 2011. This improper action by Pacific Capital Bank continues to harm my businesses!
Please note that Pacific Capital Bank has stated in regards to their reasons for not wanting to provide an Amortization Schedule after filing my Office of the Comptroller of the Currency Case # 01394465:
December 30, 2010 (In the event that you do agree to this request, please let me know exactly what you mean by an "amortization schedule".)
January 4, 2011 (An amortization schedule is not information the Bank is required to provide you.)
January 10, 2011 “If there happen to be any mistakes by Pacific Capital Bank – I have no knowledge of any mistakes, so this is hypothetical from my point of view – those could be addressed in any cure of the payment defaults.”
January 25, 2011 “With regard to your request for an amortization schedule, an amortization schedule is necessarily based upon assumptions, such as a static interest rate, and assumes strict performance by the borrower as required by the terms of the loan. In the case of your loan, the significant defaults and the agreements that have been made not only make any previously-issued amortization not relevant to the loan’s current status, but they preclude a current amortization, since the defaults are continuing, additional charges are being incurred, and the time to maturity is decreasing, among other things. Should the loan be put in a performing status, we could address amortization schedule issues at that time.”
January 25, 2011 “With regard to the questions you have been propounding which you chose to resolve through complaint to the OCC, this email will advise you that Pacific Capital Bank has responded to the OCC within their prescribed timeframes, and we assume they will follow up with you based upon that response. Any issues you have with the Bank’s response to the OCC, or with the OCC’s response, should be taken up with the OCC.”
February 2, 2011 “Pacific Capital Bank is no longer lending under the SBA program. As a result, a refinance from Pacific Capital is not something that could be done, although another lender might be in a position to make the proposed loan.”
May 12, 2008 “The requests you have made, and the delinquencies in the documentation, have resulted in the Bank incurring additional attorney's fees. As a result, you are requested to forward to Pacific Capital Bank, c/o Ms. Sheffield, a check in the amount of $750.00 to cover anticipated attorney's fees incurred in responding to the requests for information. Of course, this amount is only an estimate, and if the fees exceed the amount received, an additional deposit will be required. Please forward the deposit as soon as possible so that the Bank can begin work on the research you have requested.”
Please see attached First Bank of
I am again asking for the Office of the Comptroller of the Currency help in resolving these problems with Pacific Capital Bank dating back to the 2007 forbearance and workout agreement breached by Pacific Capital Bank and their retaliation since filing this OCC complaint in December 2010. Please see the PCB May 12, 2008 email quote above!
Sincerely
Bill Bookout
Oceano Nursery-----
Sent: Tuesday, February 08, 2011 4:42 AM
To: Bill Bookout
Subject: RE: SBA Bank Fraud------Office of the Comptroller of the Currency Case # 01394465 Pacific Capital Bank Retaliatory Actions! Trustee
I am not an SBA loan officer. I suggest you contact the lender or the
C. Shawn McKeehan
Special Assistant to the Director/OFA
FA FOIA/PA Officer
(202) 205-7729 telephone
(202) 481-0567 fax
From: Ashker, Terrill K. [mailto:terrill.ashker@sba.gov]
Sent: Friday, February 04, 2011 1:11 PM
To: Bill Bookout
Cc: Mendoza, Carlos G.; glazar@foxjohns.com
Subject: FW: SBA Bank Fraud------Office of the Comptroller of the Currency Case # 01394465 Pacific Capital Bank Retaliatory Actions! Trustee Sale No: 11-00125-5DL
Mr. Bookout:
Sent: Wednesday, February 02, 2011 12:51 PM
To: San Diego General Box
Cc: Mendoza, Carlos G.
Subject: RE: SBA Bank Fraud------Office of the Comptroller of the Currency Case # 01394465 Pacific Capital Bank Retaliatory Actions! Trustee Sale No: 11-00125-5DL
Sent: Tuesday, February 01, 2011 1:20 PM
To: Bill Bookout
Subject: RE:
FOX JOHNS LAZAR PEKIN & WEXLER, APC
525 B Street, Suite 1500
San Diego, California 92101-4417
Tel: 619.595.7187
Toll Free: 877.272.3734
Mobile: 619.823.7375
email: glazar@foxjohns.com
THIS EMAIL IS INTENDED FOR THE DESIGNATED RECIPIENT(S) ONLY AND MAY CONTAIN CONFIDENTIAL MATERIAL, INCLUDING ATTORNEY-CLIENT COMMUNICATIONS. IF YOU RECEIVE THIS EMAIL IN ERROR, PLEASE NOTIFY ME BY RETURN EMAIL AND DELETE THIS EMAIL TOGETHER WITH ANY ATTACHMENTS.
Sent: Tuesday, January 04, 2011 4:36 PM
To: pismobeachdiveshop@charter.net
Subject: Pacific Capital Bank
FOX JOHNS LAZAR PEKIN & WEXLER, APC
525 B Street, Suite 1500
San Diego, California 92101-4417
Tel: 619.595.7187
Toll Free: 877.272.3734
Mobile: 619.823.7375
email: glazar@foxjohns.com
THIS EMAIL IS INTENDED FOR THE DESIGNATED RECIPIENT(S) ONLY AND MAY CONTAIN CONFIDENTIAL MATERIAL, INCLUDING ATTORNEY-CLIENT COMMUNICATIONS. IF YOU RECEIVE THIS EMAIL IN ERROR, PLEASE NOTIFY ME BY RETURN EMAIL AND DELETE THIS EMAIL TOGETHER WITH ANY ATTACHMENTS.
Sent: Thursday, December 30, 2010 6:31 AM
To: Pismobeachdiveshop@charter.net
Subject: Your call of yesterday
FOX JOHNS LAZAR PEKIN & WEXLER, APC
525 B Street, Suite 1500
San Diego, California 92101-4417
Tel: 619.595.7187
Toll Free: 877.272.3734
Fax: 877.227.0150
email: glazar@foxjohns.com
THIS EMAIL IS INTENDED FOR THE DESIGNATED RECIPIENT(S) ONLY AND MAY CONTAIN CONFIDENTIAL MATERIAL, INCLUDING ATTORNEY-CLIENT COMMUNICATIONS. IF YOU RECEIVE THIS EMAIL IN ERROR, PLEASE NOTIFY ME BY RETURN EMAIL AND DELETE THIS EMAIL TOGETHER WITH ANY ATTACHMENTS.
Sent: Friday, February 04, 2011 4:11 PM
To: 'Sharon Iannone'
Cc: 'Kelley McCord';
Subject: RE: Hilltop Holdings
-----------------------------------------------------------------------------------------------------------------
Sent: Monday, May 12, 2008 1:52 PM
To: Bill Bookout
Subject: RE: Pacific Capital Bank
FOX JOHNS LAZAR PEKIN & WEXLER, APC
525 B Street, Suite 1500
San Diego, California 92101-4417
Tel: 619.595.7187
Toll Free: 877.272.3734
Fax: 877.227.0150
email: glazar@foxjohns.com
THIS EMAIL IS INTENDED FOR THE DESIGNATED RECIPIENT(S) ONLY AND MAY CONTAIN CONFIDENTIAL MATERIAL, INCLUDING ATTORNEY-CLIENT COMMUNICATIONS. IF YOU RECEIVE THIS EMAIL IN ERROR, PLEASE NOTIFY ME BY RETURN EMAIL AND DELETE THIS EMAIL TOGETHER WITH ANY ATTACHMENTS.
From: Bill Bookout [mailto:Pismobeachdiveshop@charter.net]
Sent: Monday, December 27, 2010 7:49 AM
To: 'ombudsman@fdic.gov'
Cc: 'Debbie.Whiteley@pcbancorp.com'; 'Debra.stevens@pcbancorp.com'; 'D.VernonHorton@pacificcapitalbank.com'; 'CarlB.Webb@pacificcapitalbank.com'; 'Carol.Zepke@pcbancorp.com'; 'GordonJ.Wahlgren@pacificcapitalbank.com'; 'GeorgeS.Leis@pacificcapitalbank.com'; 'consumer@dfi.ca.gov'; 'ombudsman@sba.gov'; 'ombudsman@fdic.gov'; 'crigley@newtimesslo.com'; 'Carlos.Mendoza@sba.gov'; 'sandra.sheffield@pacificcapitalbank.com'; 'GeraldJ.Ford@pcbancorp.com'; 'velie@calcoastnews.com'; 'dwalters@sacbee.com'; 'davecongalton@edbroadcasters.com'; 'Ashker, Terrill K.'; 'Ruben.Garcia@sba.gov'; 'christopher.mckeehan@sba.gov'; 'dporter@dfi.ca.gov'; 'ajsantana@co.slo.ca.us'; 'ombudsman@sba.gov'; 'publicaffairs3@occ.treas.gov'
Subject: RE: Pacific Capital Bank breaking signed contracts and not properly applying principal in a SBA Loan
December 27, 2010
Office of the Comptroller of the Currency
Customer Assistance Group
1-713-336-4301 (Fax)
Re: Pacific Capital Banks Retaliatory actions after asking questions about my SBA Loan # 664-196-4009. Pacific Capital Banks errors of payments and Principal Payments since 2007, per the Pacific Capital Bank-June 28, 2007-Forbearance And Workout Agreement signed by Sandra Sheffield July 2, 2007! Pacific Capital Banks Intimidation by George C. Lazar to present, as seen in his letters attached above! OCC Case # 770567 Case # 01388906 Case # 01394465
Is Pacific Capital Bank operating in a safe and sound manner and in compliance with laws requiring fair treatment of their customers and fair access to credit and financial products? Are Pacific Capital Banks actions consistent with banking statutes, regulations or any policies that are applicable to nationally chartered banking institutions?
Dear Office of the Comptroller of the Currency, FDIC, SBA and DFI
It is impossible to communicate with Pacific Capital Banks Attorney George C. Lazar and receive the answers to the questions asked of Pacific Capital Bank. Mr. Lazar of Pacific Capital Bank has not been very cooperative as seen in the documents attached above and his three retaliatory letters received December 16, 2010. Please view Mr. Lazars December 23, 2010 Email below! I am now again, asking the Office of the Comptroller of the Currency---U. S. Small Business Administration, DFI and the FDIC to help obtain the answers to all questions! Please review all documents at www.occquestions.com as Pacific Capital Bank States December 23, 2010: “In addition, since you have presented most, if not all, of your questions to a regulatory agency, a response is being prepared to that agency, as is appropriate.” Please also view www.pacificcapitalbankquestions.com under SBA Questions and at www.fdicquestions.com
1 Can the Office of the Comptroller of the Currency, provides an Amortization Schedule from Pacific Capital Banks 2007 Forbearance Agreement June 28, 2007? This Amortization Schedule will add new questions of Pacific Capital Bank OCC Case # 01394465
2 Can the Office of the Comptroller of the Currency explain why my extra Principal Payments of $78.94 are not applied to reduce this SBA Loan? Please review (PCB) Forbearance agreement and (PCB) accounting to the U.S. Small Business Administration September 13, 2010?
3 Can the Office of the Comptroller of the Currency explain why the (PCB) July 6, 2007 payment of principal and interest of $22,274.46 does not reduce the SBA Principal Balance per the signed (PCB) SBA 2007 Forbearance agreement? The Comptroller of the Currency on July 16, 2008 stated case # 770567 that this money was for Principal and interest from May 2006-August 2006! The Forbearance And Workout agreement signed by Pacific Capital Bank P. 3 (# 2 i) explains how PCB was to apply principal for May 2006-through September 2006 per the signed Forbearance agreement?
4 Pacific Capital Bank in this June 28, 2007 workout agreement acknowledged the Oceano Nursery flooding problems P. 1 E causing PCB---SBA loan problems. In the original SBA loan contract is a provision that I was required to fight Inverse Condemnation as is noted! Pacific Capital Bank on P. 6 ( # 5.) States: “Acknowledgement of Grant of Security Interest in Litigation.” Can the Office of the Comptroller of the Currency explain why with this knowledge of (PCB)Oceano Nursery flooding problems that the SBA and PCB would not grant the May 15, 2007 Workout Agreement as first presented by Pacific Capital Bank?
5 Can the Office of the Comptroller of the Currency, explain how Pacific Capital Bank can loose a payment deposit May 11, 2007 for the May 15, 2007 PCB Agreement prepared by Sandra Sheffield? Sandra Sheffield on May 17, 2007 after PCB letter of May 15, 2007 agreement, reneged on this agreement and this payment! Mr. Lazar talks about this payment June 18, 2007--August 1, 2007! Mr. Lazar in his July 23, 2007 letter states: “You can be assured that the funds were used for your benefit, as the funds were deposited into the account which was established at First Bank to hold the funds to implement the Forbearance Agreement, and thus have been made available for your benefit.” Mr. Lazar was made aware of this money June 6, 2007 in a letter to him attached! This letter explains Pacific Capital Banks actions from May 15, and May 17, 2007! Mr. Lazar responded June 18, 2007, showing his knowledge of this money! Please view my letter June 12, 2007 to First Bank of
6 Can the Office of the Comptroller of the Currency see that Pacific Capital Bank provides a copy of the 2007Appraisal for the
7 Can the Office of the Comptroller of the Currency, review the Pacific Capital Bank---George C. Lazar August 1, 2007 letter in regards to questions asked of Pacific Capital Bank? Mr. Lazar stated “The proper Bank officials will look into the computerized records and determine if there are any problems.” Are there any problems with this SBA loan in how Pacific Capital Bank accounts for payments?
8 Can the Office of the Comptroller of the Currency explain why the PCB July 12, 2007 extra principal payment of $878.94 does not reduce this SBA Loan Principal Balance from $420,024.30?
6) Can the Office of the Comptroller of the Currency explain why the July 17, 2007 PCB extra principal payment of $878.94 does not reduce this SBA Loan Principal Balance from $420,024.30?
7) Can the Office of the Comptroller of the Currency explain the July 20, 2007 extra principal payment of $478.94 does not reduce this SBA Loan Principal Balance?
9 Can the Office of the Comptroller of the Currency have Pacific Capital Bank explain why the Extra Principal payment $1,078.94 paid May 20, 2008 was not applied to principal reduction of the $420,024.30 stated principal balance?
10 Can the Office of the Comptroller of the Currency provide George C. Lazars Attorney legal fee invoices from August 22, 2007 for $1,078.45--September 13, 2007 for $850.00—September 25, 2007 from Bowers Deposit of $518.00 and October 1, 2007 of $25.00, that have been charged? George C. Lazar states August 1, 2007 per the holdback funds of $6,002.46----“As you know, the fees and costs incurred by the Bank will first be charged against the funds now held on account and when those funds have been exhausted, against the loan. If the fees and costs are not paid as due, that payment default would be under both the loan documents and the Workout Agreement.” Pacific Capital Bank legal costs should not occur after the May 15, 2007 agreement mistake made by Pacific Capital Bank! No Attorney fees should be charged after the OCC noted June 30, 2007 legal fee charge on August 9, 2007 for the May 17, 2007 actions by Pacific Capital Bank! Please review P. 4 D. of the 2007 forbearance agreement!
11 Please review the George C. Lazar July 23, 2007 Fax and letter in regards to questions asked of Pacific Capital Bank? Mr. Lazar blames Pacific Capital Banks computer system for not being properly adjusted for my payment of July 12, 2007?
12 Please pay attention in both of these, letters in regards to my May 11, 2007 SBA loan payment and how Mr. Lazar explains Pacific Capital Bank use of this money and how Sandra Sheffield did not know of this money! Mr. Lazar states: “When the insurance check was delivered to teller (it should have been sent to Ms. Sheffield) who had no immediate knowledge regarding the loan, the check was converted into a cashier’s check payable to the Bank. That cashier’s check was then held until agreement was reached on how those funds should be applied. As the accounting shows, the Bank agreed that it would enable the insurance proceeds to be applied against the Forbearance Agreement obligations.” Pacific Capital Bank had a May 15, 2007 forbearance agreement that Mrs. Sheffield prepared and then reneged on; putting Oceano Nursery out of business!
13 Please review the July 17, 2007 letter written to Sandra Sheffield and questions asked of Sandra Sheffield?
14 Office of the Comptroller of the Currency---In the Pacific Capital Bank July 24, 2007 monthly payment statement after the June 28, 2007 forbearance agreement, Pacific Capital Bank shows a Current Loan Balance of $420,024.30 @ 6% = a payment due of $4,121.06. Shouldn’t this payment have been $3,659.96 Amortized till October 2021? Has Pacific Capital Bank made a mistake?
15 The Office of the Comptroller of the Currency on July 16, 2008, last investigated Pacific Capital Bank Case # 770567. The OCC found Pacific Capital Bank charging Attorney fees on August 22, 2007 for $1,078.45--September 13, 2007 for $850.00—September 25, 2007 from Bowers Deposit of $518.00 and October 1, 2007 of $25.00! Why has Pacific Capital Bank charged $2,472.33 in Attorney fees since the PCB Attorney fees August 9, 2007 for $4,861.67 per the June 28, 2007 Forbearance Agreement? There, has been no prevailing party in any legal proceedings or actions in regards to this SBA Loan to date! Pacific Capital Bank does not have a legal right to charge Attorney fee’s of $2,472.33!
The Office of the Comptroller of the Currency on July 16, 2008 has stated: “The responsibility of the creditor is to extend credit up to the credit limit and to provide accurate and timely billing information.” Has, Pacific Capital Bank abided by this responsibility? Has, Pacific Capital Bank properly answered the questions asked of Pacific Capital Bank?
As an SBA customer it should not be my responsibility to account for Pacific Capital Banks mistakes! Pacific Capital Banks actions are not legal or proper and are now public record at www.occquestions.com ---- www.pacificcapitalbankquestions.com and www.fdicquestions.com
Sincerely
Bill Bookout
CC Carlos Mendoza----SBA
CC Terrill K. Asker----SBA----Fresno District Counsel (Acting)
CC Ruben Garcia-----SBA
CC Anthony Vigil-----SBA
CC Grady.Hedgespeth-------SBA
CC Christopher Mckeehan----SBA
CC Ombudsman--------SBA----FDIC
CC San Luis Obispo District Attorney---Debra Vallely--Director, Economic Crime Unit
CC Comptroller of the Currency Administrator of National Banks
CC William S. Haraf---D. Porter---California Department Of Financial Institutions
From: George C. Lazar [mailto:
Sent: Thursday, December 23, 2010 3:16 PM
To: Bill Bookout
Cc: Carol.Zepke@pcbancorp.com; Debbie.Whiteley@pcbancorp.com; Debra.stevens@pcbancorp.com; D.VernonHorton@pacificcapitalbank.com; CarlB.Webb@pacificcapitalbank.com; GordonJ.Wahlgren@pacificcapitalbank.com; GeorgeS.Leis@pacificcapitalbank.com; consumer@dfi.ca.gov; ombudsman@sba.gov; ombudsman@fdic.gov; Carlos.Mendoza@sba.gov; GeraldJ.Ford@pcbancorp.com
Subject: RE:
Mr. Bookout:
It is not impossible to communicate with me. I have responded promptly by FedEx or mail to all of your communications directed to me. However, as I have advised you several times, your communications to Pacific Capital Bank should be directed to me and not directed, or copied, to others at the Bank. Until such time as you comply with this request, I will not be responding substantively to your requests for information. In addition, since you have presented most, if not all, of your questions to a regulatory agency, a response is being prepared to that agency, as is appropriate.
Once you agree to the above, I will forward you a transcript of your account. However, because of the holidays, communications in the next week may be intermittent.
George C. Lazar
FOX JOHNS LAZAR PEKIN & WEXLER, APC
Tel: 619.595.7187
Toll Free: 877.272.3734
Fax: 877.227.0150
email: glazar@foxjohns.com
THIS EMAIL IS INTENDED FOR THE DESIGNATED RECIPIENT(S) ONLY AND MAY CONTAIN CONFIDENTIAL MATERIAL, INCLUDING ATTORNEY-CLIENT COMMUNICATIONS. IF YOU RECEIVE THIS EMAIL IN ERROR, PLEASE NOTIFY ME BY RETURN EMAIL AND DELETE THIS EMAIL TOGETHER WITH ANY ATTACHMENTS.
From: Bill Bookout [mailto:Pismobeachdiveshop@charter.net]
Sent: Thursday, December 23, 2010 12:04 PM
To: 'Carol.Zepke@pcbancorp.com'
Cc: 'Debbie.Whiteley@pcbancorp.com'
Subject:
Pismo Beach Dive Shop, Pismo Beach Surf Shop
Plumerias Garden and Gifts Customers
Pacific Capital Bank has notified us that on January 6, 2011, they will be starting to foreclose on my Oceano Nursery Property and my Pismo Beach Property.
I have asked many question of Pacific Capital Bank-First Bank of San Luis Obispo in regards to my SBA Loan and Pacific Capital Banks actions since 2007. These unanswered questions are now public at www.pacificcapitalbankquestions.com
Pacific Capital Bank has chosen not to answer my questions since asked since 2007 and I now ask the help of the Public in seeing that Pacific Capital Bank answers all of my questions! Please help in contacting the following people and making Pacific Capital Banks actions public to their stockholder and investors.
With the public help my questions asked of Pacific Capital Bank should be answered and I will be able to save my businesses in Pismo Beach.
Pacific Capital Bancorp
1021 Anacapa Street
Third Floor
Santa Barbara, CA 93101
(805) 564-6405
Shareholder Relations Contact
Carol M. Zepke
Corporate Secretary
(805) 564-6298
Carol.Zepke@pcbancorp.com
Investor Relations Contact
Deborah L. Whiteley
Executive Vice President
(805) 884-6680
Debbie.Whiteley@pcbancorp.com
From: Bill Bookout [mailto:Pismobeachdiveshop@charter.net]
Sent: Thursday, December 23, 2010 8:21 AM
To: 'Carol.Zepke@pcbancorp.com'
Cc: 'Debbie.Whiteley@pcbancorp.com'; 'Debra.stevens@pcbancorp.com'; 'D.VernonHorton@pacificcapitalbank.com'; 'CarlB.Webb@pacificcapitalbank.com'; 'GordonJ.Wahlgren@pacificcapitalbank.com'; 'GeorgeS.Leis@pacificcapitalbank.com'; 'consumer@dfi.ca.gov'; 'ombudsman@sba.gov'; 'ombudsman@fdic.gov'; 'Carlos.Mendoza@sba.gov'; 'GeraldJ.Ford@pcbancorp.com'
Subject: RE: Pacific Capital Bank breaking signed contracts and not properly applying principal in a SBA Loan
December 23, 2010
Pacific Capital Bank
Carol Zepke
Debbie Whitely
Dear Mrs. Carol Zepke and Mrs. Debra Whitely,
Again, it is impossible to communicate with George C. Lazar in regards to banking matters with Pacific Capital Bank! Attached below is an Amortization Schedule that I have pulled off of the internet. From doing this Amortization Schedule, it appears that I have been over paying on my monthly payment by $184.80 dollars a month.
1 ) Please provide an Amortization Schedule from Pacific Capital Bank?
2 Please review the George C. Lazar August 1, 2007 letter in regards to questions asked of Pacific Capital Bank? Mr. Lazar stated “The proper Bank officials will look into the computerized records and determine if there are any problems.”
3 Please review the George C. Lazar July 23, 2007 letter in regards to questions asked of Pacific Capital Bank? Mr. Lazar blames the Pacific Capital Banks computer system for not being properly adjusted?
4 Please pay attention in both of these, letters in regards to my May 11, 2007 payment and how Mr. Lazar explains Pacific Capital Bank use of this money and how Sandra Sheffield did not know of this money! Mr. Lazar states: “When the insurance check was delivered to teller (it should have been sent to Ms. Sheffield) who had no immediate knowledge regarding the loan, the check was converted into a cashier’s check payable to the Bank. That cashier’s check was then held held until agreement was reached on how those funds should be applied. As the accounting shows, the Bank agreed that it would enable the insurance proceeds to be applied against the Forbearance Agreement obligations.”
Please explain why Pacific Capital Bank then reneged on the May 15, 2007 faxed agreement by Sandra Sheffield?
It would be nice to resolve this matter before Christmas
Sincerely
Bill Bookout
From: Bill Bookout [mailto:Pismobeachdiveshop@charter.net]
Sent: Wednesday, December 15, 2010 4:07 PM
To: 'Carlos.Mendoza@sba.gov'
Cc: 'Ashker, Terrill K.'; 'ombudsman@sba.gov'; 'ombudsman@fdic.gov'; 'legal@fdic.gov'; 'dporter@dfi.ca.gov'; 'Carol.Zepke@pcbancorp.com'; 'Debbie.Whiteley@pcbancorp.com'; 'Debra.stevens@pcbancorp.com'; 'christopher.mckeehan@sba.gov'; 'Linda.Coakley@sba.gov'; 'Ruben.Garcia@sba.gov'; 'grady.hedgespeth@sba.gov'; 'dvallely@co.slo.ca.us'; 'Anthony.Vigil@sba.gov'; 'consumer@dfi.ca.gov'; 'trossi@finprofiles.com'; 'sandra.sheffield@pacificcapitalbank.com'; 'rmiller@newtimesslo.com'; 'Colin Rigley'; 'sduerr@thetribunenews.com'; 'bray@thetribunenews.com'; 'Mark.K.Olson@pcbancorp.com'
Subject: RE: Pacific Capital Bank breaking signed contracts and not properly applying principal in a SBA Loan
December 15, 2010
Anthony Virgil, Linda Coakley and Asker K. Terrill-
Dear Mr. Mendoza,
Re: SBA Loan # 664-196-4009 Errors of payments and Principal Payments since 2007, per the Pacific Capital Bank--Forbearance And Workout Agreement signed by Sandra Sheffield July 2, 2007! Pacific Capital Banks Intimidation as seen below by George C. Lazer!
It is impossible to communicate with Pacific Capital Banks Attorney George C. Lazer and receive the answers asked of Pacific Capital Bank. Mr. Lazer of Pacific Capital Bank has not been very cooperative as seen in the documents attached above! I am now asking the U. S. Small Business Administration to answer the following questions! Please review all documents at www.pacificcapitalbankquestions.com under SBA Questions!
1) Can the SBA explain why my extra Principal Payments of $78.94 are not applied to reduce this SBA Loan?
2) Can the SBA explain why the July 6, 2007 payment of $22,274.46 does not reduce the SBA Principal Balance? The Comptroller of the Currency on July 16, 2008 states case # 770567 that this money was for Principal and interest from May 2006-August 2006! The Forbearance And Workout agreement signed by Pacific Capital Bank P. 3 explains how this Principal was to be applied!
3) Can the SBA explain why there is no principal reduction as seen in the Pacific Capital Bank September 13, 2010 U.S. Small Business Administration Lenders Transcript of Account?
4) Can the SBA explain why the July 12, 2007 extra principal payment of $878.94 does not reduce this SBA Loan Principal Balance?
5) Can the SBA explain why the July 17, 2007 extra principal payment of $878.94 does not reduce this SBA Loan Principal Balance?
6) Can the SBA explain the July 20, 2007 extra principal payment of $478.94 does not reduce this SBA Loan Principal Balance?
7) Can the SBA explain the December 31, 2007 IRS 1098 form showing no extra principal paid, that was reported to the IRS?
8) Mr. Mendoza, why does Pacific Capital Bank report to the IRS an “Accrued Int Cr Adj” for interest of $635.79 and then not account for this in the Pacific Capital Bank September 13, 2010 SBA “Loan Transaction History”?
9) Mr. Mendoza, the July 6, 2007 interest on the amount paid of $22,274.46 does not give a break down for these months of interest at 6%? Could you provide this break down?
10) Can you have Pacific Capital Bank explain why the Extra Principal $1,078.94 paid May 20, 2008 was not applied to principal reduction?
11) Can the SBA explain why the July 30, 2008 extra principal payment of $78.94 does not reduce this SBA Loan Principal Balance?
12) Can the SBA explain why the September 2, 2008 extra principal payment of $78.94 does not reduce this SBA Loan Principal Balance?
13) Can the SBA explain why the September 30, 2008 extra principal payment of $78.94 does not reduce this SBA Loan Principal Balance?
14) Can the SBA explain why the November 3, 2008 additional principal payment of $78.94 to PCB, does not show in their September 12, 2010 SBA “Lender’s Transaction of Account”?
15) Can the SBA explain how Pacific Capital Banks December 3, 2008 additional principal payment of $78.94 does not show in their September 12, 2010 SBA “Lender’s Transaction of Account”?
16) Can the SBA explain how Pacific Capital Banks January 12, 2009 additional principal payment of $78.94 does not show in their September 12, 2010 SBA “Lender’s Transaction of Account”?
17) Can the SBA explain the additional Attorney fees for questions asked of Pacific Capital Bank, since the 2007 forbearance agreement?
18) I request from the SBA a copy of the Pacific Capital Bancorp fee documents 9/1//10 for $900.00 for the “Collateral Ecaluation Fee”?
19) I request a copy from the SBA--Pacific Capital Bancorps 9/17/2010 Appraisals for my 1311 Paso Robles Street property and my
20) I request from the SBA a copy of the Pacific Capital Bancorp Appraisal for the 7/15/2010 “SFR Appraisal Fee” costing $350.00 and charged to my SBA Loan?
21) Can the SBA explain the 3/8/2010 $50.00 Attorney “Legal Fee” and any documents generated from this fee?
22) Can the SBA explain the June 18, 2007 PCB acknowledgement of a payment in May that Pacific Capital Bank would then forget that they had received in their May 17, 2007 actions? Please review the June 19, 2007 letter to Pacific Capital Bank!
23) Can the SBA comment on the George C. Lazer June 21, 2007 letter and explain if this is normal with SBA Loans? This letter was received on July 5, 2007 after signing the PCB Forbearance Agreement sent to the proper zip code June 28, 2007!
24) Can the SBA explain why Pacific Capital Bank is allowed to charge for communication with Pacific Capital Bank after the July 2, 2007 Forbearance Agreement as PCB requested communication with George C. Lazer in his July 17, 2007 letter? SBA Customers should have a Right to Ask Question’s of their SBA Loans! Please see July 23, 2007 letter to George C. Lazer explaining Pacific Capital Banks Actions!
25) Is it normal for SBA Banks to Intimidate Customers as seen in George C. Lazer’s July 23, 2007 letter? Mr. Lazer mentions Mistakes made by PCB and then talks about the payment made to PCB, taken out of my account before PCB’s May 17, 2007 actions! The Forbearance Agreement mentioned by Mr. Lazer would be May 15, 2007 and not the actions after by Pacific Capital Bank including not properly notifying me of my rights per the June 21st 2007 George C. Lazer letter that he sent to the wrong zip code, in which I did not receive until after my signed Forbearance and Workout agreement prepared by Mr. Lazer after! Mr. Mendoza, How is this action legal by a SBA Bank?
26) Is it normal for all U. S. Small Business Administration Customer’s to not receive answers to their questions as seen in the July 25, 2007 letter to George C. Lazer?
It is time for the Small Business Administration to see that all of these issues and questions above are resolved and I ask for the SBA’s help in this public matter. Attached are documents showing communication and questions asked of Pacific Capital Bank since January 2007! These documents can be seen also at www.pacificcapitalbankquestions.com
A) November 6, 2006 Oceano Nursery payment of $4,386.41 Deposited to Pacific Capital Bank payment account.
B) May 11, 2007 Pacific Capital Bank Documents of payment removed from account per May 15, 2007 PCB letter from Sandra Sheffield.
C) June 1, 2007 Forbearance Agreement prepared by Pacific Capital Banks Attorney George C. Lazer.
D) June 4, 2007 Letter written by Pacific Capital Banks Attorney George C. Lazer.
E) June 13, 2007 Fax from Pacific Capital Banks Attorney George C. Lazer.
F) June 18, 2007 Fax from Pacific Capital Banks Attorney George C. Lazer.
G) June 19, 2007 Letter written by Pacific Capital Banks Attorney George C. Lazer.
H) June 19, 2007 Pacific Capital Bank Deposit History—Showing the May 11, 2007 payment.
I) June 21, 2007 Letter written by Pacific Capital Banks Attorney George C. Lazer.
J) June 28, 2007 Letter and new Forbearance Agreement written by Pacific Capital Banks Attorney George C. Lazer.
K) July 2, 2007 Pacific Capital Bank Signed and faxed Forbearance Agreement by Sandra Sheffield.
L) July 6, 2007 Letter written by Pacific Capital Banks Attorney George C. Lazer.
M) July 17, 2007 Letter written to Sandra Sheffield of Pacific Capital Bank.
N) July 17, 2007 Letter written by Pacific Capital Banks Attorney George C. Lazer. RE: Sandra Sheffield.
O) July 17, 2007 Pacific Capital Bank Loan Accounting.
P) July 18, 2007 Pacific Capital Bank Loan Accounting.
Q) July 19, 2007 Pacific Capital Bank Loan Accounting and notes—with PCB posting correction.
R) July 23, 2007 Pacific Capital Bank Loan Accounting and notes---with PCB posting correction.
S) July 23, 2007 Letter written to Pacific Capital Banks Attorney George C. Lazer.
T) July 23, 2007 Fax from Pacific Capital Banks Attorney George C. Lazer.
U) July 23, 2007 Letter written by Pacific Capital Banks Attorney George C. Lazer.
V) July 24, 2007 Pacific Capital Bank Loan Accounting---with PCB posting correction.
W) July 25, 2007 Pacific Capital Bank Loan Accounting, with PCB posting corrections.
X) July 25, 2007 letter written to Pacific Capital Banks Attorney George C. Lazer.
Y) July 26, 2007 Pacific Capital Bank Loan Accounting---with PCB posting correction and lowering interest due.
Z) July 27, 2007 Pacific Capital Bank Loan Accounting---with PCB changing interest due to reduction to Late Charges paid!
AA) July 28, 2007 Pacific Capital Bank Loan Accounting---with PCB changing interest due to reduction to Late Charges paid!
BB) August 1, 2007 Pacific Capital Bank Loan Accounting---with PCB changing interest due and reapplying Late Charges!
CC) September 15, 2007 Pacific Capital Bank Loan Accounting---with PCB lowering interest due and late charge!
DD) May 20, 2008 Pacific Capital Bank Loan Accounting---with PCB changing Late Charges paid!
EE) November 26, 2008 communication with the SBA (Cynthia Pope) with Complaint to OCC
FF) November 30, 2008 communication with the SBA (Cynthia Pope) Explaining problems with Pacific Capital Bank SBA Loan.
GG)September 13, 2010 Pacific Capital Banks Accounting to the SBA showing their actions not in line with the 2007 Forbearance and Workout Agreement!
HH) December 14, 2010 Letter written by Pacific Capital Banks Attorney George C. Lazer.
Mr. Mendoza, please review this correspondence with Pacific Capital Bank and PCB’s fees to have my questions answered by the U.S. Small Business Administration! I give the SBA my full permission to talk to any and all News Media about Pacific Capital Banks actions as seen in these documents and their actions!
Sincerely
Bill Bookout
CC Terrill K. Asker----SBA----Fresno District Counsel (Acting)
CC Ruben Garcia-----SBA
CC Anthony Vigil-----SBA
CC Grady.Hedgespeth-------SBA
CC Christopher Mckeehan----SBA
CC Ombudsman--------SBA----FDIC
CC San Luis Obispo District Attorney---Debra Vallely--Director, Economic Crime Unit
CC Comptroller of the Currency Administrator of National Banks---RE: Case # 770567-- Case# 01388906
CC William S. Haraf---D. Porter---California Department Of Financial Institutions
CC San Luis Obispo Tribune
CC San Luis Obispo New Times
Sent: Tuesday, December 14, 2010 6:23 PM
To: 'glazar@foxjohns.com'
Cc: 'Ashker, Terrill K.'; 'Carlos.Mendoza@sba.gov'; 'ombudsman@sba.gov'; 'ombudsman@fdic.gov'; 'legal@fdic.gov'; 'dporter@dfi.ca.gov'; 'Carol.Zepke@pcbancorp.com'; 'Debbie.Whiteley@pcbancorp.com'; 'Debra.stevens@pcbancorp.com'; 'christopher.mckeehan@sba.gov'; 'Linda.Coakley@sba.gov'; 'Ruben.Garcia@sba.gov'; 'grady.hedgespeth@sba.gov'; 'dvallely@co.slo.ca.us'; 'Anthony.Vigil@sba.gov'; 'consumer@dfi.ca.gov'; 'trossi@finprofiles.com'; 'sandra.sheffield@pacificcapitalbank.com'; 'rmiller@newtimesslo.com'; 'Colin Rigley'; 'sduerr@thetribunenews.com'; 'bray@thetribunenews.com'; 'Mark.K.Olson@pcbancorp.com'
Subject: RE: Pacific Capital Bank breaking signed contracts and not properly applying principal in a SBA Loan
Sent: Tuesday, December 14, 2010 5:09 PM
To: pismobeachdiveshop@charter.net
Subject: Pacific Capital Bank
FOX JOHNS LAZAR PEKIN & WEXLER, APC
Tel: 619.595.7187
Toll Free: 877.272.3734
email: glazar@foxjohns.com
THIS EMAIL IS INTENDED FOR THE DESIGNATED RECIPIENT(S) ONLY AND MAY CONTAIN CONFIDENTIAL MATERIAL, INCLUDING ATTORNEY-CLIENT COMMUNICATIONS. IF YOU RECEIVE THIS EMAIL IN ERROR, PLEASE NOTIFY ME BY RETURN EMAIL AND DELETE THIS EMAIL TOGETHER WITH ANY ATTACHMENTS.
Sent: Monday, December 13, 2010 10:05 AM
To:
Cc: 'Ashker, Terrill K.'; '
Subject: RE:
SBA Credit Administration
Pacific Capital Bank
591 Camino de la Reina,
619.260.4483 office
Sent: Tuesday, December 07, 2010 9:30 AM
To: pismobeachdiveshop@charter.net; Oceano Nursery
Cc: Kristel Thyrring; MaryJane Ponder
Subject: Fw:
Sent: Tuesday, November 30, 2010 10:10 AM
To: Sandra Sheffield
Cc: pismobeachdiveshop@charter.net
Subject:
Sent: Saturday, December 04, 2010 12:27 PM
To:
Cc: 'Ashker, Terrill K.'; '
Subject: RE: Ref. No SCC2009N-000518-0 Heritage Oaks Bank Theft or mistakes of Principal Paid to loan #
SUBJECT:
RE: Resolution Offer - Bookout v. State of California et al. [CONFIDENTIAL]
FROM:
SANDRA.SHEFFIELD@pacificcapitalbank.com
TO:
Pismobeachdiveshop@charter.net
SENT:
Fri 03 Dec 2010 13:25:50 PST
EXPIRES:
Tue 01 Feb 2011 13:25:50 PST
Mr. Bookout,
The Bank will not take less on your loan than what is owed. The loan must be paid in full. Currently, the loan balance is approximately $422,000. Please let me know if you need a payoff statement.
Sandra Sheffield, Vice President
SBA Credit Administration
Pacific Capital Bank
591 Camino de la Reina,
619.260.4483 office
619.260.4444 fax
From: Bill Bookout [mailto:Pismobeachdiveshop@charter.net]
Sent: Thursday, December 02, 2010 11:34 AM
To: Sandra Sheffield
Cc: 'Greg Connell'
Subject: RE: Resolution Offer - Bookout v. State of California et al.
December 2, 2010
Sandra Sheffield, Vice President
SBA Credit Administration
Pacific Capital Bank
591 Camino de la Reina,
619.260.4483 office
Dear Mrs. Sheffield,
What is the current payoff of this SBA loan; per the letter attached below to Caltrans,
Would the SBA and Pacific Capital Bank be willing to take less of a payoff on this loan as all attached need our SBA loaned property to fix the flooding of State Highway 1?
The County of San Luis Obispo documents in what had been withheld from discovery in exhibit 579 back in 2002 and 2001, show the whole west side of Oceano flooding prior to State Highway 1.
Sincerely
Bill Bookout
________________________________
From: Greg Connell [mailto:gconnell@bbrlawfirm.com]
Sent: Thursday, December 02, 2010 10:35 AM
To: 'Adam M. Daner'; 'Thomas Cregger';
Cc: 'John W. Belsher'; 'Bill Bookout'
Subject: Resolution Offer - Bookout v. State of California et al.
Counsel,
As you know our petition to the CA Supreme Court was recently rejected. I know our client is very disappointed with the Court of Appeals ruling and the Supreme Court's rejection of our petition on his flooding issues. He is currently considering filing another petition to the US Supreme Court. Our client has asked us to present all the defendants in this case with a possible final resolution of this litigation and the flooding issues on Hwy 1,
Feel free to contact me or John Belsher to discuss this final resolution. If we don't hear from you by December 23, 2010, we will assume you have no interest in this type of resolution.
Regards,
Gregory A. Connell, Esq.
BELSHER, BECKER & ROBERTS
Telephone: (805) 542-9900
Facsimile: (805) 542-9949
gconnell@bbrlawfirm.com<blocked::mailto:gconnell@bbrlawfirm.com>
The information contained in this transmission and any attached files are intended only for the named addressee(s) and may contain confidential, proprietary and/or privileged attorney-client material. Any interception, review, retransmission, dissemination, or other use of this information by parties other than the intended recipient(s) is strictly prohibited. If you received this communication in error, please notify the sender using either the "Reply" command or via telephone at (805) 542-9900.
******************************************************************************
This e-mail is intended only for the use of the individual or entity
to which it is addressed and may contain information which is
privileged, confidential, and exempt from disclosure under applicable
law. If you are not the intended recipient, or an employee or agent
of the intended recipient, you are hereby notified that any
dissemination, distribution, or copying of this communication is
strictly prohibited. If you have received this communication in error
please notify us immediately by replying to postmaster@pcbancorp.com.
******************************************************************************
Sent: Friday, December 03, 2010 2:13 PM
To: 'Ashker, Terrill K.'
Cc: '
Subject: RE: Ref. No SCC2009N-000518-0 Heritage Oaks Bank Theft or mistakes of Principal Paid to loan #
Sent: Tuesday, May 13, 2008 5:56 PM
To: 'George C. Lazar'
Subject: RE: Pacific Capital Bank
Sent: Monday, May 12, 2008 1:52 PM
To: Bill Bookout
Subject: RE: Pacific Capital Bank
FOX JOHNS LAZAR PEKIN & WEXLER, APC
Tel: 619.595.7187
Toll Free: 877.272.3734
Fax: 877.227.0150
email: glazar@foxjohns.com
THIS EMAIL IS INTENDED FOR THE DESIGNATED RECIPIENT(S) ONLY AND MAY CONTAIN CONFIDENTIAL MATERIAL, INCLUDING ATTORNEY-CLIENT COMMUNICATIONS. IF YOU RECEIVE THIS EMAIL IN ERROR, PLEASE NOTIFY ME BY RETURN EMAIL AND DELETE THIS EMAIL TOGETHER WITH ANY ATTACHMENTS.
Sent: Thursday, May 08, 2008 11:32 AM
To: George C. Lazar
Subject: RE: Bank Held Note
Sent: Wednesday, May 07, 2008 2:44 PM
To: Bill Bookout
Subject: RE: Bank Held Note
FOX JOHNS LAZAR PEKIN & WEXLER, APC
Tel: 619.595.7187
Toll Free: 877.272.3734
Fax: 877.227.0150
email: glazar@foxjohns.com
THIS EMAIL IS INTENDED FOR THE DESIGNATED RECIPIENT(S) ONLY AND MAY CONTAIN CONFIDENTIAL MATERIAL, INCLUDING ATTORNEY-CLIENT COMMUNICATIONS. IF YOU RECEIVE THIS EMAIL IN ERROR, PLEASE NOTIFY ME BY RETURN EMAIL AND DELETE THIS EMAIL TOGETHER WITH ANY ATTACHMENTS.
Sent: Tuesday, May 06, 2008 4:53 PM
To: George C. Lazar
Subject: Bank Held Note
Sent: Friday, August 01, 2008 12:44 PM
To: 'George C. Lazar'
Cc: 'SANDRA.SHEFFIELD@pacificcapitalbank.com'
Subject:
Sent: Friday, December 03, 2010 9:03 AM
To: Bill Bookout
Cc: Vigil, Anthony J.; Coakley, Linda M. (PCR); Mendoza, Carlos G.
Subject: RE: Ref. No SCC2009N-000518-0 Heritage Oaks Bank Theft or mistakes of Principal Paid to loan #
Sent: Thursday, December 02, 2010 5:23 PM
To: Vigil, Anthony J.
Cc: Coakley, Linda M. (PCR); SBA National Ombudsman; Mendoza, Carlos G.
Subject: RE: Ref. No SCC2009N-000518-0 Heritage Oaks Bank Theft or mistakes of Principal Paid to loan #
Pacific_Capital_Bank-SBA_Workout...
