In Re: Margarita Rios

Filing 4

MINUTES (IN CHAMBERS) by Judge Christina A. Snyder RE: Petitioner's Application to Proceed In Forma Pauperis 1 . The Court DENIES petitioner's application to proceed in forma pauperis. Court Reporter: Not Present. (gk)

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES - GENERAL
Case No.

CV 12-1029-CAS

Title

IN RE: MARGARITA RIOS

Present: The Honorable

Date

February 10, 2012

CHRISTINA A. SNYDER

CATHERINE JEANG
Deputy Clerk

Not Present
Court Reporter / Recorder

N/A
Tape No.

Attorneys Present for Plaintiffs:

Attorneys Present for Defendants:

Not Present

Not Present

Proceedings:

(IN CHAMBERS:) PETITIONER’S APPLICATION TO
PROCEED IN FORMA PAUPERIS (Filed February 6, 2012)

The Court is in receipt of petitioner Margarita Rios’s application to proceed with
her appeal of an order by Bankruptcy Judge Robin Riblet dismissing petitioner’s claims
against Wells Fargo Bank, N.A. (“Wells Fargo”) arising out of Wells Fargo’s foreclosure
on petitioner’s home.
The Court finds that petitioner has not demonstrated good cause for being
permitted to proceed in forma pauperis with her appeal. Although sympathetic to
petitioner’s financial situation, the Court is not satisfied that petitioner’s appeal has a
reasonable likelihood of success. This is so because petitioner’s appeal is based on the
widely rejected theory that an entity that came into possession of a debtor’s mortgage
through an assignment does not have standing to foreclose. See, e.g., Rogers v. Cal. State
Mortg. Co., 2010 U.S. Dist. LEXIS 6556, *13–14 (E.D. Cal., Jan. 11, 2010) (holding that
“[defendant] correctly notes that ‘possession of the original promissory note is not a
prerequisite to foreclosure’ and the ‘entity initiating non-judicial foreclosure need not
physically possess the promissory note, nor need the trustee ascertain who does possess
the note before proceeding with the foreclosure’”) (internal citations omitted).
Accordingly, the Court DENIES petitioner’s application to proceed in forma
pauperis.
IT IS SO ORDERED.
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Initials of Preparer

CV-90 (06/04)

CIVIL MINUTES - GENERAL

:

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CMJ

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