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 20, 2019 |
substituted by s5160 |
May 02, 2019 |
advanced to third reading cal.250 |
Apr 30, 2019 |
reported |
Feb 14, 2019 |
referred to judiciary |
Assembly Bill A5619
Signed By Governor2019-2020 Legislative Session
Sponsored By
WEINSTEIN
Archive: Last Bill Status Via S5160 - 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
N. Nick Perry
Alicia Hyndman
William Colton
Thomas Abinanti
2019-A5619 (ACTIVE) - Details
2019-A5619 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 5619 2019-2020 Regular Sessions I N A S S E M B L Y February 14, 2019 ___________ Introduced by M. of A. WEINSTEIN, PERRY, HYNDMAN, COLTON, ABINANTI, TAYLOR -- 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 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
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