Risky loans and possible mispresentation of them to the
secondary market got the Bremerton-based bank in trouble.
Contractor Jerry Becker of Bremerton is
$1.5 million in debt and close to ruin.
He blames the late Westsound Bank for much of his misery.
Becker had a long and “outstanding” relationship with the
bank that the state seized on May 8. Over the years, he borrowed
money to construct homes, develop land and build his
business.
But when the bank began its dive, and with suspicious
regulators closely watching its every move, it stopped giving
Becker draws on his loans.
Suddenly, he couldn’t pay his subcontractors or complete
his projects.
His livelihood screeched to a halt. His loans fells in
arrears. He said he tried repeatedly to work with Westsound — he
felt they could work it out as they always had — but the spigot was
shut tight.
“They didn’t care. They didn’t want to talk with me,”
Becker said.
The bank sued Becker in 2008 for several loans in default.
He sued back for not giving him draws on his loans.
In the fallout, Becker has lost some of his properties,
and collectors have taken away a motorhome. He has had to sell a
truck and tools at a loss. He’s about to lose an
excavator.
For Becker, and a lot of other contractors like him, it’s
all but over.
“I have no option but to go bankrupt,” he said.
There are other victims.
The fall of Westsound has resulted in damaged reputations
of those who began and ran the bank. It has brought stress to the
former bank’s 93 employees, who don’t know if they’ll have jobs in
the future.
It has shaken trust among community members in homegrown
banks.
And then there are the investors who lost their money,
many of them locals trying to do something good for
Bremerton.
Westsound investor Rod Rodriguez of Chico lost several
thousand dollars. He feels betrayed. Investment promoters led him
to believe there was little risk, he said. He believed them, and
admits he didn’t watch the falling stock price as closely as he
might have.
“It’s not investing anymore; it’s gambling,” he
said.
A Central Kitsap woman and longtime Kitsap resident who
asked not to be identified lost $10,000. Her investment was to be
part of her retirement.
“This board of seemingly astute Kitsap business people
just frankly screwed up big-time,” she said. “And all of them, I
hope, are feeling great agony, and their standing in the community
needs to be affected.”
Hindsight is 20-20.
“The lessons learned are that any time an institution
begins to emphasize growth and share price before loan
administration and solid underwriting, you have a recipe for
trouble,” said Brad Williamson, Washington Department of Financial
Institutions’ director of banks.
“And sadly, that appears to be what happened with
Westsound Bank.”
High on the Idea of a New Local
Bank
It was 1998 and the economy was steaming ahead. A group of
prominent local businessmen led by banker Klaus Golombek believed a
new local bank would help the community. Westsound Bank would be “a
partner with small businesses to help them become more successful,”
Golombek said then.
The bank’s organizing board included Lou Weir, Jim Lamb,
Rod Parr, Pat Tucker, Louis Mentor, Bruce Christopherson, Ed
Wilson, Brian McLellan, Leslie Krueger and Dean
Reynolds.
Supporters raised about $4 million from 400 investors to
start the bank, which opened on Pacific Avenue and Second Street in
1999.
But the seeds of the bank’s destruction may have already
been sown.
Golombek, the bank’s first president and chief executive
officer, left just 19 months later.
The majority of the board wanted the bank to grow very
fast, Golombek said recently. He preferred slow and
steady.
“I couldn’t control them,” he said.
“I can sit there till I’m blue in the face and say, ‘This
isn’t going to work.’”
None of the surviving organizers would speak with the
Kitsap Sun.
Dave Johnson was hired to replace Golombek, and the coming
years seemed great for Westsound and its customers.
With home-appreciation rates rising 20 percent year after
year, there seemed no end to the party. Westsound became a go-to
bank for many local contractors like Becker. Many were
overextended, but they were confident the economy would continue
strong.
“They would loan money to anybody,” Becker
said.
Becker’s son-in-law, Matt Templeton, said he was able to
get $1.3 million in loans from Westsound when he was only making
$35,000 a year.
Westsound was confident, too. Its assets and deposits grew
rapidly.
In 2006, Johnson announced record growth for the first
half of the year. Assets increased
63 percent to $301 million. Loans were up 76 percent to $275
million. Deposits increased 62 percent to $274 million, and net
income rose 84 percent to
$2 million.
Westsound moved up Pacific to bigger quarters and had
offices throughout western Puget Sound and in Federal
Way.
To fuel even more growth, Westsound leaders decided to
take the company public. The bank’s parent, WSB Financial Group,
raised $41 million through an initial offering of common stock.
Some 2.6 million shares were sold for between $16.50 and $19
apiece.
The push was on.
Westsound Hits the Wall
But the next year, the inflated housing market on which
Westsound was so dependent began to crumble.
That provided a dangerous backdrop for what was about to
happen.
In an internal review, Westsound cut 33 of 40-plus
employees from its mortgage marketing arm and terminated Brett
Green, executive vice president of sales and lending. At the time,
Westsound said it was going to outsource loan marketing.
Soon after, the bank announced it was under investigation
by the Federal Deposit Insurance Corp. and the state Department of
Financial Institutions for possible fraud and violation of banking
rules.
Front-and-center in the probe were 146 risky high-end home
construction loans worth $90 million.
The result from the FDIC and DFI investigation remains out
of reach of the public.
But this is known:
In a conference call to investors, Johnson said that the
bank had issued loans that didn’t require full documentation of
income, but merely stated income. But a secondary-market program by
Countrywide Financial Corp., to which these loans were sold,
required full documentation.
Borrowers were making interest payments, but the bank
could not demonstrate their ability to pay over the long
haul.
Countrywide pulled its program, leaving Westsound without
an exit strategy.
Most of the problem loans were made by one or two
employees who were by then no longer with the bank. Many were made
out of Westsound’s branch in Federal Way for fancy houses in King
and Pierce counties.
At the same time, a third party not employed by the bank
was bringing new loan business to Westsound. He was getting the
business from a Russian immigrant community across the water, those
loan-holders told the Kitsap Sun.
The loans might have had problems in that holders said
they were going to occupy the homes being built, yet the homes sold
soon after completion.
The Countrywide program was for owner-occupied homes and
offered more favorable terms than spec loans.
How that third-party person was compensated by the bank
was also under question.
Early last year, the FDIC and DFI slapped
Westsound with a cease-and-desist order.
The order sharply criticized Westsound’s lending practices
and stated that its board of directors had failed to provide
adequate supervision. The board had many of the original bank
organizers on it.
Johnson was forced out. He could not be reached by the
Kitsap Sun.
Westsound was still allowed to make construction loans,
but by that time, it was so deep in trouble, and the market was so
bad, that its ability to operate was crippled.
During this time, local contractors like Becker complained
they couldn’t even get the bank to return phone calls.
Soon, Terry Peterson was hired as the new president and
CEO. His task was to turn the bank around.
But by the end of 2008, 40 percent of the bank’s loan
portfolio was non-performing, according to the U.S. Securities and
Exchange Commission. The bank suffered a $33 million loss that
year, and its stock price had dropped precipitously.
A Nightmare
Finally Finishes
The weather on Friday, May 8, was clear, cold and
sobering.
The parking lot in front of Westsound headquarters was
full of rented vehicles. Throughout the afternoon, dozens of
out-of-town employees from the FDIC and DFI shot in and out of the
bank. A few confused customers wondered what was going
on.
Later, Kitsap Bank President and CEO Jim Carmichael,
flanked by three Kitsap Bank employees, entered the
bank.
It was official. The DFI, citing inadequate capital and
liquidity, was taking possession of Westsound. Employees inside
cried when told what was happening.
Kitsap Bank would assume $210 million in deposits and
another $49 million in cash and securities. It would open all nine
former Westsound’s branches on the following Monday as Kitsap Bank
branches.
Depositors’ accounts were safe.
The Friday handover was stone-cold tense, but
orderly.
Many who had invested in Westsound lost their money. A $5
million settlement between Westsound and investors in October 2008
didn’t go far.
Carmichael and Kitsap Bank were the only winners in this
story.
A former FDIC examiner himself, Carmichael had managed to
negotiate terms with the FDIC that catapulted his bank to the
billion-dollar mark in terms of assets and placed it among the top
600 banks in the nation in size.
The FDIC had wanted Kitsap Bank to assume Westsound
non-performing loans, as well, but Carmichael would have no part of
it. The FDIC will bundle and sell off what it ended up with in the
deal.
As for possible fraud or the breaking of banking rules by
former Westsound employees, the FDIC does an investigation when
every bank closes, a spokesman said. No word has been received that
Westsound is an exception.
When asked if the FBI was investigating, a spokeswoman
said she could neither confirm nor deny it.
Serious charges against individuals, at this point, cannot
be ruled out.
Williamson, the DFI banks director, said, “If we were
contemplating fines at this point, they probably already would have
occurred.”