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	Richard Pollak

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From; Richard j Pollak fersur@sbcglobal.net 4541 C.R.138A Alvin Texas 77511

Sued Washington Mutual for Lost Payments "Common Practice" Argued now undefended advised to Motion Appeal Roguish Judgment Ignorant of "RULE" Guidelines that beyond Constitution or Civil Rights Precedents International Commerce!

In 2008 Judge Ruled $1,000.00 Judgment Awarded in 2006 to be Paid, without help, from no fault of mine, I stand to lose my 15 Year Fixed 6.5 % First only Mortgaged Home, Second or Refinanced was Blocked, Bankruptcy was forced, Judgment with 24 Months Interest of $200.00 demanded {refused $1,000.00 plus half Interest of $100.00 Settlement} again Lender wasting Court Time.
Likely losing home follows, from Forced Bankruptcy, Five Year battle, now Days.
Understanding Real-estate School's geared for Teaching not Defending, and Bar Reviews without License Removal.
I'm just a People unprotected from longstanding power abusers bordering Criminal by toying Duty. Laws usefulness challenge to School culprit by default Teaching, Houston Defenders Cower Merits allowing Judicial Supremacy to trump International Commerce!

CLERK OF THE BANKRUPTCY COURT Case # 02-44178-H3-13
Case closed then Reopened only to allow overcharges return, Twice.

The B.B.B. Reduced Washington Mutual Rating from Officer to Insufficient for Three Years from Failure to Supply RESPA Loan History requested two 1/2 Years Ago, Pretrial.
Also; Judgment Awarded $1,000.00 for Failure to Supply RESPA Section 6' Loan History requested, called "qualified written request" Line-item coveted Today!

Entire Trial was Predetermined {Protected under Judge "SEAL"} Defendant was revised to Former Corporate entity, Change of Venue or Jury Trial formally requested!

After Bankruptcy release of STAY Washington Mutual Released Loan History, Proof of Damage became COMPLAINT SEEKING DAMAGE IN CORE ADVERSARY PROCEEDING AND CLAIM OBJECTION or Appellant {Me} Suing Lender!

Protected under Judge "SEAL" original Appellee Homeside Lending, became Washington Mutual Witnessing Homeside Lending!
Washington Mutual Admitted Fault Pretrial.
Lender Witnessing Lender Defended Principal and Escrow Abuse Testified as "Common Practice" Supported by Judgment absence, $1,565.14 reported Lost on Credit Report's and it's Taxable to IRS!
Judge failed to Arbitrate.
Appellate Judge failed to reopen.
FIFTH CIRCUIT failed to reopen.
Appellate Attorney failed to Verse Merits or Supply Case to Printer for U.S.SUPREME COURT review.

Now Washington Mutual has returned Core Mortgage Arrearages that Forced Bankruptcy filing, in essence reversing Judgment, repeating admittance, skirting Damage's!

Many DISPUTES resolved with refunds, the following Remain!
DISPUTE = Trustee Overcharges $6,612.67 Due.
DISPUTE = IRS Form 1098/Homeside Lending $383.88 Due.
DISPUTE = Washington Mutual $1,155.01 Due
Total Due = $8,151.56.
DISPUTE = Washington Mutual 6 1/2 Years Day-Rate Damage to be determined!
DISPUTE = Trial requesting change of Venue or Jury!

1. $383.88 = Homeside Lending Form 1098 @2
2. $2,085.00 = $885.00 + $1,200.00 Attorney Fee's @3B
3. $1,878.36 = San Antonio Federal Credit Union revised Payment Book @3C
4. $2.649.31 = San Antonio False Charge @3E
5. $200.00 = Washington Mutual Unpaid Interest on Judgment Posted $1,000.00 times 24 Months @4A
6. $955.01 = Washington Mutual Returned Core Bankruptcy Arrearages 1/2 Interest remains Due. @4B
7. Bank One Payments Misdirected 6 1/2 Years Damages for Misapplications of $1,565.14? @5B Accounting Interest, Action and Results Damage's!

Every one of these Seven have been Disputed without resolve, Interest of 10% Paid to Trustee relates Damages acquired.

Homeside Lending, Reported Form 1098 $383.88 @2
Trustee's Due - Original Attorney $2,085.00 @3B
Trustee/San Antonio Due @3C $1,878.36 + @3E $2.649.31 = $4,527.67 Due.
Total Trustee @3B, @3C, @3E = $6,612.67 Due.
Washington Mutual Due @4A $200.00 + @4B $955.01 = $1,155.01
Total Due $8,151.56 Plus Day Rate Damages from September, 2001 to Date, from Washington Mutual Due.

@1A. Judge saw fit to State on Judgment, assertion assumption of My being Predisposed for Bankruptcy.

B. Judge Cropped "DEED OF TRUST" Contract by Edit, Lenders "General Terms and Conditions" was Breached Testified Escrow Mismanagement's "common practice" Defense!

C. Judgment Quoted partial Paragraph omitting Substance to revise intent, done without Publication to formulate "Case Law" dispute as Colluded!

D, Colluded Pretrial, Protected under "Seal," Defendant change from Washington Mutual to Homeside Lending, a Preexisting Corporate Lender that held Note Prior, blanketed under Washington Mutual Support, Loan Originator Damages was Muted Pretrial in the Eye of the Judge, by the Judge, {the foremost primary Substance of Case.} "Seal" Hobbled my defense be it Judge and Lender, or Judge and Lender and My Attorney.

E. Judge changed Defendant of Record from Homeside Lending to Washington Mutual allowing Washington Mutual Attorney to Defend and Place Homeside Lending on Stand to Testify, My Case was Proved by Lender Admittance Pretrial, Judge failed to award Damages for Lender Admittance's.

F. Same Judge Confirmed Bankruptcy and Core Adversary Hearings and Over-Ruled Personal Order, Commanding My Attorney at Recorded Bankruptcy Conformation Hearing {to File "Proof of Claim" on My behalf} then failed to recall, {minutes under "Seal"} relating time expired fault, in Judgment.

G. Judge failed to admit into Evidence Letter Drafted with Attorney, Sent by My Attorney "Certified Mail" requesting Loan Payment History, REQUIRED DISCLOSURE RESPA Section 6 called "qualified written request." lacks Response or Resolve to Date.

H. Judge Posted US Mail 100 Days following Trial, Judgment backdated Two Days by administration, and Ignored "RULE" Bankruptcy's Guideline, that extended Appeal Days for clarification.
To explain; Six Days Received, Eight Days Used, Twelve Days expired, Ten Days Allowed? {Excusable Neglect Argued} Five additional Days Bankruptcy "RULE" Precedent Ignored by Judge.

I. Second Appellate Judge reviewed My Case Docketed first directly following the Main ENRON Trial as seated Judge in the same Court House, for to allow My Case on Merits Required Judge Reprimanding for all the above, @1A, @1B, @1C, @1D, @1E, @1F, @1G.

J. Repeat Scenario by New Orleans FIFTH CIRCUIT Courts, Merits required Reprimanding. @1I, @1H.

K. Appellate Attorney failed to supply Case to Printer for U.S.A. Supreme Court Review, actual Merits were unexplored and not perfected only Excusable Neglect.

@2. Bank One Received all Payments in 2001, Loan Transferred to Homeside Lending November, 2001 receiving "0" Funds in 2001, reported on I.R.S. Mortgage Interest Statement $383.88 Form 1098, $383.88 Due.

@3A. Original Attorney Ignored Order from Judge to File My "Proof Of Claim" before additional allocated set-back Time expired.
Bankruptcy Conformation was Suspended for Six Weeks allowing, failing his Duty he Quit, but Trustee rewarded!
Dispute First Compensation, Reported Quit Case after 10 Months. $885.00 Due.
Dispute $1,200.00 Second Compensation, Recorded to Courts he Quit Case after 14 Months. $1,200.00

B. Trustee Statements Detailed Original Attorney Received $1,200.00 after Courts 90 Day Dispute Time-frame had expired, Today's Trustee Account Summary fails to detail @3A document covets disbursement.
Dispute = @3A $885.00 + $1,200.00 = $2,085.00 Due

C. Attorney Re'termed San Antonio Federal Credit Union, Auto Loan Principal by extension of Months Financed, Posting new Coupon Book that added Three Months, Timed with Quiting Case, Loan was Current. $1,878.36 Due

D. San Antonio Federal Credit Union denied it Re'termed with Letterhead Coupon Book at hand, but also Re'termed Loan Principal by extension of Months Financed adding Two Months, found by researching @3C, received requested amortize payoff, Loan was Current, Germaine to Repossession, Payments halted for surrender.

Timed with @1F being Ignored, RESPA ACT SECTION 6, Requiring written Acknowledgment within 20 Days, written clarification within 90 Days, equating Judgment Award, To Date Ignored even through Discovery Pretrial Questions.

E. Trustee charged Non-Mortgage Arrearage of $2,504.48 + $1.44.83 Interest Crediting San Antonio Federal Credit Union, Loan was Current, Timed with Attorney Quiting Case. $2,649.31 Due.

Total - @3B $2.085.00 + @3C $1,878.36 + @3E $2,649.31 = $6,621.67

@4A. Washington Mutual Attorney Questioned in Testimony at Appeal Hearing, my accounts accreditation of $660.00 Judgment, Disrespecting $1,000.00 Judgment with Question.
I Testified not $660.00, and the Judgment amount was unpaid, Just now Posted to Pay, without 24 Months Interest, from Judgment to Date. about $200.00 Due.

B. Washington Mutual Returned November, 2007 Core Mortgage Arrearages, in essence reversing Judgment, half of related Interest $955.01 Due.

C. Loan Originated Bank One N.A. / Loan Transferred to Homeside Lending / Homeside Lending F.A. was Bought/Acquired by Washington Mutual N.A. Washington Mutual Attorney Witnessed, Homeside Lending Manager/Lender/Supervisor at Trial.

LOAN HISTORY
Bank One receives payment and Statement Bills following Month with a single detachable coupon. All Bank One payment's including December, 2001 current with coupon, first Three Homeside Lending Payments were current, Twelve current payments with Year old Loan resulted in Escrow Shortage demand of over $100.00 a Month. Bank One Loan History refused, with Homeside Lending Coveting Transferred first 20-so Days History, until release of Stay Day's History surrender, that proved both Lenders misapplication Breaches of Trust.

First; Bank One Credited December, 2001 Payment. Contract defines Misapplication Damages, so sought.

Second; Bank One Suspended the Funds from Principal and Escrow.

Third; Bank One Placed Suspended Funds into Loans Principal reducing 180 Month Terms, Homeside Lending first discovered after Release of Stay December 15, 2006.

Forth; Bank One Posted, Final Account Report, Stating Payments had been and are $100.00 more than actuality.

Fifth; Bank One Transferred Loan to Homeside Lending.
Washington Mutual called-it December 2001 was Curtailed by Bank One. Documented and Evidenced, but argued in Court that it was a Concealed Prepayment {a Misnomer} not as Stated by Lenders Posted Report Evidenced, a "Principal Curtailment" {unauthorized concealed.}

Sixth; Washington Mutual called November 2001 Escrow Mismanagement by Homeside Lending, Admitted, Documented and Evidenced, but argued in Court that it was a Concealed Prepayment {a Misnomer} not what I call "Escrow Curtailment," using their word back at Lender.

Seventh; Homeside Lending requested November Payment, informed December was Paid in Full, Homeside Lending reported Account was being Investigated.

Eight; Homeside Lending Requested/Received Check Payment Front and Back Photocopy.

Ninth; Homeside Lending Reduced Escrow and Applied Funds to Principal and credited Escrow Paid in November for November.
{Washington Mutual claims in November for December.} real time Loan Statements support November, 2001

Tenth; Homeside Lending Paid Loans Years Taxes Putting Escrow into Arrears then Returned Escrow Surplus Increasing Arrears.

Eleventh; Loan Statements and Twice Requested Loan History all "Blank" of December Payment, not owed/due/paid, resulting in False Credit Reports and 1098 Form Tax on Interest Report, Refinance was Blocked.

Twelfth; All Loan History Reports before and through Bankruptcy omitted Homeside Lending Payment History detailing first 28 Days, protecting Escrow Reduction Misapplication, including all Bank One Loan History Request.

Thirteenth; Washington Mutual Released Bankruptcy Stay then Loan Payment History on same Day, receiving Bank One and coveted Homeside Lending first 28 Days Proof of Principal and Escrow Misapplications admittance response Trial resulted.

Fourteenth; Misapplication admittance was excluded by "Common Practice" Defense by Homeside Lending, from the Stand in Testimony.

Fifteenth; Judge refused Appeal Ignoring Bankruptcy "RULE" claiming time expired, ENRON Judge Supported, FIFTH CIRCUIT Supported ENRON Judge.

ATTORNEYS
One; All the First Attorney actions stand abusive.

Two; Second Attorney benefited by assuming first Attorney's Caseload bulk timed with our Contract.

Third; Attorney Immediately Drafted Loan History Request using REQUIRED DISCLOSURE PER RESPA ACT Section 6 "qualified written request" no reply, ever, Sent "Certified Mail" not allowed admitted into evidence, to Date Substance Ignored.

Forth; I Drafted from Attorney's "qualified written request" revised "Qualified Written Request" sent "Certified Mail" admitted into Evidence, allowing $1,000.00 Damage Award for being Ignored, only, Merit of Substance of Questions Unanswered today.

Fifth; Attorney received Damage award, through Appeal Washington Mutual Suspended Payment, Attorney remained Attorney of record awaiting Award Payment only.

Sixth; Judge ruled Award Payments, 2008, I Demand 24 Months Interest from Judgment to Date, and awaiting.

Seventh; Appellate Attorney only argued "Excusable Neglect" assuming Two Days expired for Appeal, when Prescient setting Bankruptcy "RULE" extends time guideline, Ten Days were not received.

Eight; Case never was presented to printer for U.S. SUPREME COURT Revue, I stand Unrepresented, Squatting, with suggestion of filing Motion, Houston Bar Association Fails, Security Exchange Commission Fails, Judgment Fails, Comptroller of the Currency Fails, U.S Attorney General Fails, the indiscretion relates to Credit for Payments Made, Governed by International Substance permitting Commerce, beyond Civil Rights or Constitutionality.

JUDGE'S
Houston Core Adversary Judge {Famed} Ruled over Case that was by far the largest Bankruptcy Worldwide ever {Russia Oilfield Equipment.} My excused $1,565.14 Lost Payments, have never been return requested, Forced Bankruptcy Day-Rate Damages Are.
Time to Appeal was denied, Extended Appeal Time was excused overruling Bankruptcy "RULE."

Appellate Judge {Famed} Concluded ENRON Case just prior to My Appeal review, allowing My Appeal would Highlight flawed U.S. Attorney General Oversight of U.S. Bankruptcies and Trustee's.

FIFTH CIRCUIT was Appealed to Overrule ENRON Judge.

@5A. San Antonio Federal Credit Union Payment Book received revised with extended Terms relating, Additional Payment Amount Increased $1,878.36, Sent by Original Attorney as he exited Case, return required $1,878.36 Due. @3B
B. San Antonio Federal Credit Union Unsecured Claim of $2,504.48 + $144.83 Interest = $2,649.31 Due.

Total = @3B $1,878.36 + @3B $2,649.31 = $4,527.67 Due.

@6. Both' Bank One Payments, Admitted in Testimony Misdirect by Escrow Misapplications {Judge fails to Publish relative "Case Law" allowing "common practice" as defended to stand.} $1,633.44 - $68.28 the P.M.I. insurance = $1,565.14 + Interest from September, 2001 to Date, with forced Bankruptcy Damages at whatever Day rate Damages equates $1,565.14 and Day-Rate Damages Due.

@7A. First Attorney Accepted Case and Prevision of providing Loan History Payment Assistance Credit, accepting and retaining original Loan Documents, from Day one.

B. Original Bankruptcy Attorney was not Board Certified, he Stated that he Quit My Case, after additional Pre'Conformation Time Judge Suspended expired, Four Months Prior to Notice that he was Quiting all Houston, TX. Caseload, assumed San Antonio, TX. Move.

C. Letter received recommended Second Attorney Board Certified, that assumed bulk-load of Originals Attorneys Cases, followed recommendation.

D. Second Attorney's first Action was Drafting RESPA SECTION 6 "qualified written request" Dated February 12, 2001 Sent by Attorney "Certified Mail."

E. Receiving no response, Payments were halted for Court Appearance, {Release of Stay} Attorney's first no-show.

F. I Drafted and sent "Qualified Written Request" Trustee, All Lenders, Texas Bar Association, Comptroller of the Currency, Bush, U.S. Attorney General, B.B.B. and many more, requesting assistance with Ignored RESPA Request.

G. My RESPA Request was admitted into evidence but line Item response. Germain Questions remain coveted, now Protected as Judged.

H. Stay was released, equating My being a Squatter, I called Washington Mutual Requesting for the up-tee-nth-time Loan History, Received and both Lenders Misapplications Highlighted, Lender admitted Error's, Attorney backdated hearing request, with the Courts assistance.

I. Core Adversary Pretrial Hearing, Attorney no-show, assistant Attorney {never meet} stated acceptance of Case, Paperwork was not ready, Judge told Me about to dismiss, out of hand.

J. About 105 Days following Trial Judgment received by U.S. Mail,
Appeal required new Attorney and understandable arguments for Attorney to accept. Days later Attorney called stating Time was of up-most Importance for appeal, Less than Week was never expected.

K. Appellate Attorney Stuck with Excusable Neglect as Defense through the FIFTH CIRCUIT COURT, many Attorney Hours spent requesting Merit Defense on Phone, and In Office, final days for U.S. SUPREME COURT and Arguement-ing the Unpaid RESPA Damage Award was Not-awarded presented as Case Summery, Case was without Case Merit review, Printer Time, Case Expired.

L. Washington Mutual Returned all Funds and half the Interest that forced Bankruptcy, but still Protects Insurance Lapses and backdated Loan Summery disputing Real time Loan Statements Received, Evidenced, Argued without Damage Award.

M. I Demand Credit Report revision/notation of Lender's Arrears returned, Bankruptcy cannot be reversed but Credit Report can Direct faults blame.

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