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In re Valentine

United States District Court, S.D. Texas, Galveston Division

June 21, 2017

DAWNA VALENTINE, Appellant,

          MEMORANDUM OPINION AND ORDER AND ORDER TO CURE DEFICIENCIES

          GEORGE C HANKS JR. UNITED STATES DISTRICT JUDGE

         Dawna Valentine has filed a motion to consolidate two appeals from orders entered by the Bankruptcy Court.

         FACTUAL BACKGROUND

         Valentine has filed multiple lawsuits in this Court and others since 2011, trying to avoid foreclosure and eviction from the home at 9214 Amberjack Drive, Texas City, Texas 77591. Valentine has also initiated several bankruptcy proceedings in the Southern District of Texas. See, e.g., Cause No. 3:11-cv-402; Cause No. 3:14-cv-210; Cause No. 3:14-br-80352; Cause No. 3:15-br-80098; Cause No. 3:15-br-80184; Cause No. 3:15-br-80372; Lauderdale and Valentine v. JP Morgan Chase Bank, N.A., No. 14-14-00381-CV in the Court of Appeals for the Fourteenth District of Texas (pending). The Court takes judicial notice of the docket sheets and pleadings in each of these cases, as well as the others discussed below.

         It appears that Valentine was given a Quitclaim Deed to the property in January 31, 2011 by Koza Lauderdale, even though he had previously signed a Deed of Trust and Note on the home, and even though the Note had not been paid off. The Note was in default, and JP Morgan Chase soon sought to foreclose.

         Valentine's First Lawsuit

         In August 2011, Valentine tried to prevent foreclosure by filing a lawsuit in the County Court at Law No. 1 of Galveston County, Texas, seeking an injunction on the grounds that the Bank had violated the Fair Debt Collection Practices Act, the United States Constitution, the Constitution of the State of Texas, the Uniform Commercial Code, and other statutes, and that the Bank had also breached a loan agreement. Valentine v. Chase Home Finance, Cause 65762, in the Galveston County Court at Law No. 1. JP Morgan Chase removed the lawsuit to this Court. See 3:11-cv-402 and 3:11-cv-408. Valentine's request for a preliminary injunction was denied, and her suit was ultimately dismissed in its entirety. A final judgment issued from this Court on January 31, 2012, dismissing Valentine's case “on the merits” and awarding JP Morgan Bank its costs. Dkt. 29. Although Valentine appealed to the Fifth Circuit, the Fifth Circuit granted the Bank's motion to dismiss her appeal. Valentine v. Chase Home Finance, L.L.C., No. 12-41063 (Aug. 29, 2013) (per curiam).

         The Bank's Eviction Lawsuit and Valentine's Appeals

         In July 2012, JP Morgan Chase Bank purchased the home in a foreclosure sale. In December 2013, Valentine was given notice to vacate the property.

         In January 2014, the Bank filed a Forcible Detainer Petition in the Justice Court of Galveston County, Precinct 5. JP Morgan Chase Bank v. Lauderdale and Valentine, Cause No. E50140015. The JP Court entered judgment in favor of the Bank.

         On April 11, 2014, Valentine appealed that judgment to the Galveston County Court at Law No. 2. JP Morgan Chase Bank v. Lauderdale and Valentine, Cause No. CV-0071914. Judge Barbara Roberts entered a Judgment for Possession in favor of the Bank.

         In May 2014, Valentine appealed to the Court of Appeals for the Fourteenth District of Texas. The appeal is still ongoing because it has been interrupted by Valentine filing separate suggestions of bankruptcy on November 4, 2014, and again on February 11, 2016.

         Valentine's Second Lawsuit

         On June 2, 2014, while her appeal of the Judgement for Possession was underway in the Fourteenth Court of Appeals, Valentine filed yet another lawsuit against the Bank, Dawna Valentine, et al vs. JP Morgan Chase Bank, in the 122nd District Court of Galveston County, Texas, Cause No. 14-CV-0607. The Bank removed the claims against it to this Court, and United States District Judge Vanessa Gilmore granted the Bank's motion to dismiss. See 3:14-cv-00210. Valentine unsuccessfully appealed ...


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