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Assembly Bill A247

2015-2016 Legislative Session

Provides that the defense, in a mortgage foreclosure action, of the plaintiff's lack of standing is not waived because of the defendant's failure to raise such defense in his or her responsive pleading

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Archive: Last Bill Status - In Senate Committee Housing, Construction And Community Development Committee

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2015-A247 (ACTIVE) - Details

See Senate Version of this Bill:
S5241
Current Committee:
Senate Housing, Construction And Community Development
Law Section:
Real Property Actions and Proceedings Law
Laws Affected:
Add ยง1302-a, RPAP L
Versions Introduced in Other Legislative Sessions:
2013-2014: A9911
2017-2018: A1498, S6093
2019-2020: A5619, S5160

2015-A247 (ACTIVE) - Summary

Provides that the defense, in a mortgage foreclosure action, of the plaintiff's lack of standing is not waived because of the defendant's failure to raise such defense in his or her responsive pleading.

2015-A247 (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   247

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by  M.  of  A.  WEINSTEIN  --  read once and referred to the
  Committee on Judiciary

AN ACT to amend the  real  property  actions  and  proceedings  law,  in
  relation  to the failure to raise the defense of lack of standing in a
  mortgage foreclosure action

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The real property actions and proceedings law is amended by
adding a new section 1302-a to read as follows:
  S 1302-A. DEFENSE OF LACK OF STANDING; NOT WAIVED. NOTWITHSTANDING THE
PROVISIONS  OF  SUBDIVISION (E) OF RULE THIRTY-TWO HUNDRED ELEVEN OF THE
CIVIL PRACTICE LAW AND RULES, ANY OBJECTION  OR  DEFENSE  BASED  ON  THE
PLAINTIFF'S  LACK  OF  STANDING IN A FORECLOSURE PROCEEDING RELATED TO A
HOME LOAN, AS DEFINED IN PARAGRAPH (A) OF SUBDIVISION  FIVE  OF  SECTION
THIRTEEN  HUNDRED FOUR OF THIS ARTICLE, SHALL NOT BE WAIVED IF A DEFEND-
ANT FAILS TO RAISE THE OBJECTION OR DEFENSE IN A RESPONSIVE PLEADING  OR
PRE-ANSWER  MOTION TO DISMISS. A DEFENDANT MAY NOT RAISE AN OBJECTION OR
DEFENSE OF LACK OF  STANDING  FOLLOWING  A  FORECLOSURE  SALE,  HOWEVER,
UNLESS  THE JUDGMENT OF FORECLOSURE AND SALE WAS ISSUED UPON DEFENDANT'S
DEFAULT.
  S 2. This act shall take effect immediately.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00117-01-5

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