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Santa Barbara Bank & Trust has been over charging the Oceano Nursery SBA loan since 2007 by $247.00 per month and have refused to resolve this problem.\r
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Their Attorney Diana Jessup Lee on May 6, 2011 has shown that SBBT has in fact been over charging the Oceano nursery 2003 SBA Loan.\r
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The OCC has investigated Santa Barbara Bank & Trust and attached is what Santa Barbara Bank & Trust has stated about the OCC Findings.\r
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""Thank you for faxing and emailing to me this afternoon the OCC letters dated July 16, 2008, June 30, 2011, July 15, 2011, August 2, 2011 and August 30, 2011. I have now reviewed these documents and am prepared to respond. My review of the 5 OCC letters that you have provided does not alter my prior conclusion that there is not a single piece of evidence which would even imply any acts of ""Predatory Lending, Breach of Contract and Fraud"" on the part of Santa Barbara Bank & Trust. In fact, after reviewing the OCC letters the only thing that is clear to me is that you are in breach of contract with Santa Barbara Bank & Trust as a result of your default on your loan.\r
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Specifically, the following quotes demonstrate that the OCC has not made any findings of wrongdoing on the part of Santa Barbara Bank & Trust: \r
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1. July 16, 2008 Letter, the OCC stated, ""The OCC cannot resolve contractual disputes between national banks and their customers. When a clearly defined civil dispute develops, an agency such as the OCC would be acting beyond its authority as a trier of fact or adjudicator of civil disputes.""\r
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2. June 30, 2011 Letter, the OCC stated, ""As your difficulty with the bank was in mediation and is subject of litigation, it is inappropriate for the Office of the Comptroller of the Currency (OCC) to intervene in this case.""\r
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3. July 15, 2011 Letter, the OCC stated, ""Because your matter is a contractual dispute and the subject of arbitration, the OCC cannot comment on any information you may have received. Based on the current course of events between you and the bank, we are unable to assist you further.""\r
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4. August 2, 2011 Letter, the OCC stated, ""The OCC does not have the authority to intervene in such matters. We have previously responded to you on July 16, 2008, January 7, 2009 and June 30, 2011. Our position has not changed. We will no longer respond to phone calls or correspondences regarding this issue. This letter represents our final response.""\r
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5. August 30, 2011 Letter, the OCC stated, ""As your dispute with the bank involves a business loan and therefore is governed by the contract signed between you and the bank, consumer compliance laws do not apply.""\r
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Furthermore, as we have repeatedly told you, the amortization schedules that we provided to you on May 6, 2011 were prepared by Santa Barbara Bank & Trust employees, not by any of the attorneys in this office, this office simply delivered them to you. Thus, your claim that ""Neither You [Robert Forouzandeh] nor Diana Jessup Lee are qualified to prepare Santa Barbara Bank & Trust amortization schedules"" is simply incorrect. Also, we provided you with 2 amortization schedules simply as a courtesy to you and to extend additional benefits in Schedule #2 to you which you were not entitled to as a gesture of good faith and in an effort to settle this matter. \r
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Lastly, you have not provided any information or evidence which would lead Santa Barbara Bank & Trust to either rescind the most recent notice of default or to suspend the currently scheduled Trustee Sale from proceeding.\r
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Robert B. Forouzandeh\r
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Attorney at Law\r
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Reicker, Pfau, Pyle & McRoy LLP \r
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1421 State Street, Suite B\r
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Santa Barbara, CA 93101\r
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Tel: 805-966-2440\r
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Fax: 805-966-3320""\r
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