Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Dec 23, 2019 |
signed chap.739 |
Dec 17, 2019 |
delivered to governor |
Jun 20, 2019 |
returned to senate passed assembly ordered to third reading cal.250 substituted for a5619 |
Jun 19, 2019 |
referred to judiciary delivered to assembly passed senate |
May 13, 2019 |
advanced to third reading |
May 08, 2019 |
2nd report cal. |
May 07, 2019 |
1st report cal.646 |
Apr 11, 2019 |
referred to housing, construction and community development |
Senate Bill S5160
Signed By Governor2019-2020 Legislative Session
Sponsored By
(D) 27th Senate District
Archive: Last Bill Status - Signed by Governor
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Votes
co-Sponsors
(D) Senate District
2019-S5160 (ACTIVE) - Details
2019-S5160 (ACTIVE) - Sponsor Memo
BILL NUMBER: S5160 SPONSOR: KAVANAGH TITLE OF BILL: 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 SUMMARY OF PROVISIONS: Section 1 amends the Real Property Actions and Proceedings Law by adding a new section 1302-a, which would provide that any defense based on a plaintiff's lack of standing in a foreclosure proceeding related to a home loan cannot be waived by a defendant's failure to raise such a defense in a responsive pleading or pre-answer motion. A defendant would not be able to raise the defense after a foreclosure sale, unless the judgment of foreclosure and sale was issued upon the defendant's default. Section 2 sets forth the effective date. JUSTIFICATION:
2019-S5160 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 5160 2019-2020 Regular Sessions I N S E N A T E April 11, 2019 ___________ Introduced by Sen. KAVANAGH -- 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 SIX 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. LBD05992-01-9
Comments
Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.
Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.
Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.