senate Bill S6093

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

download bill text pdf

Sponsored By

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


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 03, 2018 referred to housing, construction and community development
May 11, 2017 referred to housing, construction and community development

S6093 (ACTIVE) - Details

See Assembly Version of this Bill:
A1498
Current Committee:
Senate Housing, Construction And Community Development
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: S5241, A247
2019-2020: S5160, A5619

S6093 (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.

S6093 (ACTIVE) - Sponsor Memo

S6093 (ACTIVE) - Bill Text download pdf


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

                                  6093

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                              May 11, 2017
                               ___________

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:
  § 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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