Mongiello v. Indymac Bank, F.S.B.
- Kenneth Karas
- 7:24-cv-02290
- U.S. District Court · Southern District of New York
- 2
In Mongiello v. Indymac Bank, Judge Karas ordered Mongiello to explain how a May 30, 2024 quitclaim affects his case.
Christopher M. Mongiello must file the required brief by July 22, 2025; the order also concerns his claims against IndyMac Bank, F.S.B.
What happened
In Mongiello v. Indymac Bank, F.S.B., Christopher M. Mongiello, representing himself, sued over real property. He seeks to establish ownership, recover damages for alleged harm to the property’s title, and pursue alleged violations of federal mortgage-servicing law.
Mongiello asked the court to enter a default judgment against IndyMac. The court noted that the case is virtually identical to a related case involving the same property, in which the court dismissed similar claims after finding that Mongiello had quitclaimed the property and had not plausibly alleged the statutory violations.
Judge Karas ordered Mongiello to file a brief of no more than 15 pages explaining whether and how the May 30, 2024 quitclaim affects this case. The brief is due by July 22, 2025. The order did not decide the request for default judgment or the underlying claims.
The detailed version
- Mongiello v. Indymac Bank, F.S.B. · No. 7:24-cv-02290
- Kenneth Karas
- July 7, 2025
Background
Christopher M. Mongiello, proceeding without a lawyer, sued IndyMac Bank, F.S.B. He seeks to quiet title to real property, which means asking the court to determine the parties’ rights in the property. He also alleges slander of title, meaning harm caused by an allegedly improper claim or statement affecting title, and violations of the Real Estate Settlement Procedures Act and its implementing regulations, known as Regulation X.
Mongiello sought entry of default judgment against IndyMac. The opinion does not state that the court granted or denied that request.
Related Case
The court described this case as virtually identical to a related case involving the same property. In that earlier proceeding, the court dismissed similar quiet-title and slander-of-title claims after finding that Mongiello had quitclaimed the property. The court also found that the alleged statutory violations were not plausibly pleaded.
Order
The court ordered Mongiello to submit a brief no longer than 15 pages addressing whether and how the quitclaim dated May 30, 2024, affects this case. The brief is due no later than July 22, 2025. Judge Karas’s order requires additional briefing and does not decide the default-judgment request or the merits of Mongiello’s claims.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.