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Padgett v. JPMorgan Chase Bank, N.A.

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

June 3, 2019

BRANDON FRANK PADGETT, Plaintiff,
v.
JPMORGAN CHASE BANK, N.A., Defendant.

          MEMORANDUM AND OPINION

          Lee H. Rosenthal Chief United States District Judge

         In March 2019, Brandon Frank Padgett sued JPMorgan Chase Bank, N.A. in state court to prevent Chase Bank from foreclosing on a house owned by Padgett's brother-in-law, Charles Foster. (Docket Entry No. 1-3). Chase Bank timely removed based on diversity jurisdiction and moved to dismiss for lack of standing. (Docket Entry Nos. 1, 4). Padgett responded and moved to remand. (Docket Entry Nos. 7, 8, 10). Based a careful review of the petition, the motions and responses, the record, and the applicable law, the court grants Chase Bank's motion to dismiss and denies Padgett's motion to remand. (Docket Entry Nos. 4, 7). The reasons are stated in detail below.

         I. Background

         Padgett is a Texas citizen. He is married to Vanessa Laurent Foster. (Docket Entry No. 1-1 at 14). In 1980, Vanessa Foster's grandmother, Emma Lou Beavers Kimbro, made a will leaving a house in Houston to Vanessa Foster and her brother, Charles Foster, “to share and share alike.” (Id. at 15). Kimbro died in 2005. Charles Foster was appointed as the independent estate administrator, and he and Vanessa Foster entered a “Family Settlement Agreement” to share Kimbro's estate “in equity.” (Id. at 16). In January 2007, Charles Foster executed a special warranty deed transferring title in the house to himself. (Id.).

         In May 2008, Charles Foster obtained a line of credit with Chase Bank for $60, 000, secured by the house. (Docket Entry No. 1-1 at 12-16). Charles Foster defaulted on the loan in October 2011. Chase Bank accelerated the loan, sent Charles Foster notices of default and intent to accelerate, and obtained a foreclosure order under Texas Rule of Civil Procedure 736. (Docket Entry Nos. 4, 4-1, 4-2). A timeline is helpful:

October 2012: Chase Bank sent Charles Foster a notice of default and intent to accelerate;
November 2012: Chase Bank's counsel sent Charles Foster a debt-collection notice of “accelerating the maturity of the debt”;
January 2014: Chase Bank filed the first application for an expedited foreclosure with the state court;
July 2014: Chase Bank filed the second application for an expedited foreclosure;
July 2017: Chase Bank sent Charles Foster a Notice of Rescission of Acceleration;
October 2018: Chase Bank filed the third application for an expedited foreclosure with the state court, which issued a foreclosure order in March 2019.
April 2019: A foreclosure sale was scheduled.

(Docket Entry No. 1-1 at 15-16, 34).

         According to the loan documents, by September 2018, Charles Foster was in default for $68, 298.17, and “the total amount to pay off the loan agreement, contract, or ...


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