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Assembly Bill A1498

2017-2018 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 - On Floor Calendar

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2017-A1498 (ACTIVE) - Details

See Senate Version of this Bill:
S6093
Law Section:
Real Property Actions and Proceedings Law
Laws Affected:
Add §1302-a, RPAP L
Versions Introduced in Other Legislative Sessions:
2013-2014: A9911
2015-2016: A247, S5241
2019-2020: A5619, S5160

2017-A1498 (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.

2017-A1498 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1498
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 12, 2017
                                ___________
 
 Introduced by M. of A. WEINSTEIN, PERRY, BLAKE, HYNDMAN, COLTON, ABINAN-
   TI -- 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:
   § 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.
   § 2. This act shall take effect immediately.
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02846-01-7

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