Mongiello v. Indymac Bank, F.S.B.
- Kenneth Karas
- 7:24-cv-02290
- U.S. District Court · Southern District of New York
- 3
In Mongiello v. Indymac Bank, Judge Karas ordered a self-represented plaintiff to amend his complaint to show standing before the case could proceed.
Christopher M. Mongiello must amend his complaint to address standing; IndyMac Bank, F.S.B. remains the defendant, and the court has not yet decided the underlying claims.
What happened
Mongiello v. Indymac Bank, F.S.B. concerns Christopher M. Mongiello’s claims against IndyMac Bank, F.S.B. He seeks to establish ownership of real property, recover damages for harm to the property’s title, and alleges violations of federal mortgage-servicing law. He also asked the court to enter a judgment because the bank had not defended the case.
The court focused on whether Mongiello has standing—the required personal connection to bring a case in federal court. The court noted that Mongiello had transferred the property by quitclaim and said that his parents, the property’s owners, assigned him their rights in the claims. But the complaint did not include facts about either the quitclaim or the assignment.
Judge Kenneth M. Karas ordered Mongiello to file a complete amended complaint within 30 days, including facts sufficient to establish standing. The amended complaint must replace, rather than supplement, the original complaint. The court did not decide the merits of his claims or enter the requested default judgment, and warned that the claims may be dismissed if he does not file on time.
The detailed version
- Mongiello v. Indymac Bank, F.S.B. · No. 7:24-cv-02290
- Kenneth Karas
- July 22, 2025
Background
Christopher M. Mongiello, appearing without a lawyer, sued IndyMac Bank, F.S.B. He seeks to quiet title to real property, meaning he asks the court to resolve ownership-related issues; seeks damages for alleged slander of title; and alleges violations of the Real Estate Settlement Procedures Act and its implementing regulations, known as Regulation X. Mongiello also sought entry of a default judgment against IndyMac.
The court had previously ordered Mongiello to brief how his quitclaim of the property affected the case. Mongiello responded that the property’s owners, identified as his parents, had assigned him “all right, title and interest in [the] claims.”
Standing Issue
The court explained that Article III of the Constitution limits federal courts to actual cases and controversies. To have standing, a plaintiff must have a concrete and particular injury that is connected to the challenged conduct and could be remedied by a favorable decision. The plaintiff also bears the burden of alleging facts supporting standing.
The court recognized that, in some circumstances, an assignee can assert an injury suffered by the person who assigned the claim. But the complaint contained no allegations concerning either the quitclaim or the assignment to Mongiello. The court therefore identified a potential problem with whether Mongiello has standing to pursue the claims.
Order
The court ordered Mongiello to file an amended complaint within 30 days of the order. The amended complaint must include allegations sufficient to establish standing and must contain all claims, defendants, and factual allegations that Mongiello wants the court to consider. It will completely replace the original complaint rather than supplement it.
The court warned that Mongiello’s claims may be dismissed if he does not timely file the amended complaint. The order does not state that the court granted or denied the request for default judgment, and it does not decide the underlying property, title, or mortgage-servicing claims.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.