Mongiello v. HSBC Bank USA NA
- Kenneth Karas
- 7:24-cv-02291
- U.S. District Court · Southern District of New York
- 4
In Mongiello v. HSBC Bank USA NA, Judge Karas ordered U.S. Marshals Service to serve defendants after allowing Mongiello to proceed without prepaying fees.
Christopher M. Mongiello and the defendants HSBC Bank USA NA, as Trustee for the LMT 2006-6 Trust Fund, PHH Mortgage, and PHH Corporation; the order directs the U.S. Marshals Service to serve the defendants.
What happened
In Mongiello v. HSBC Bank USA NA, Christopher M. Mongiello, representing himself, brought claims under the Real Estate Settlement Procedures Act and New York Real Property Actions and Proceedings Law concerning real property in New Rochelle, New York. The court had previously allowed him to proceed without prepaying court fees.
Because Mongiello was proceeding without prepaying fees, the court ordered the Clerk of Court to issue summonses, complete service forms, and send the necessary papers to the U.S. Marshals Service. The Marshals Service will serve HSBC Bank USA NA, PHH Mortgage, and PHH Corporation.
The court also stated that service must occur within 90 days after the summonses are issued and that Mongiello should request more time if necessary. Judge Karas denied permission to appeal this order without prepaying fees, finding that such an appeal would not be taken in good faith.
The detailed version
- Mongiello v. HSBC Bank USA NA · No. 7:24-cv-02291
- Kenneth Karas
- Apr. 17, 2024
Background
Christopher M. Mongiello, who is representing himself, brought claims against HSBC Bank USA NA, as Trustee for the LMT 2006-6 Trust Fund, PHH Mortgage, and PHH Corporation. The complaint asserts claims under the Real Estate Settlement Procedures Act and New York Real Property Actions and Proceedings Law § 1501 concerning real property in New Rochelle, New York.
The court had previously granted Mongiello permission to proceed without prepaying court fees. In this order, the court addressed service of the complaint on the defendants; it did not decide the merits of Mongiello's claims.
Service Order
Because Mongiello was permitted to proceed without prepaying fees, the court stated that he could rely on the court and the U.S. Marshals Service to serve the defendants. The Clerk of Court was instructed to issue summonses for HSBC Bank USA NA, as Trustee for the LMT 2006-6 Trust Fund, PHH Mortgage, and PHH Corporation; complete a U.S. Marshals Service Process Receipt and Return form for each defendant; and provide the Marshals Service with the documents needed to complete service.
The court explained that the usual 90-day service period runs from the filing of the complaint, but Mongiello could not serve the defendants until the court reviewed the complaint and ordered the summonses issued. The court therefore extended the service period until 90 days after the summonses are issued. If service is not completed within that period, Mongiello should request an extension. He must also notify the court in writing if his address changes, and the court stated that it may dismiss the action if he fails to do so.
Disposition
Judge Kenneth M. Karas directed the Clerk of Court to mail Mongiello an information package, issue the summonses, complete the service forms with the defendants' addresses, and deliver the required documents to the U.S. Marshals Service. The court certified that an appeal from this order would not be taken in good faith and denied permission to appeal without prepaying fees. The order otherwise concerns service and does not resolve the claims under the Real Estate Settlement Procedures Act or New York law.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.