S T A T E O F N E W Y O R K
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5241
2015-2016 Regular Sessions
I N S E N A T E
May 8, 2015
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Introduced by Sen. SAVINO -- read twice and ordered printed, and when
printed to be committed to the Committee on Housing, Construction and
Community Development
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