United States District Court, S.D. Texas, Galveston Division
MEMORANDUM OPINION AND ORDER AND ORDER TO CURE
C HANKS JR. UNITED STATES DISTRICT JUDGE
Valentine has filed a motion to consolidate two appeals from
orders entered by the Bankruptcy Court.
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
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
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).
Bank's Eviction Lawsuit and Valentine's
2012, JP Morgan Chase Bank purchased the home in a
foreclosure sale. In December 2013, Valentine was given
notice to vacate the property.
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
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
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.
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 ...