assembly Bill A5619

Signed By Governor
2019-2020 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

Current Bill Status Via S5160 - Signed by Governor


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

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Actions

view actions (10)
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

Votes

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May 7, 2019 - Housing, Construction and Community Development committee Vote

S5160
8
3
committee
8
Aye
3
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Committee Vote: May 7, 2019

Co-Sponsors

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A5619 (ACTIVE) - Details

See Senate Version of this Bill:
S5160
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
2017-2018: A1498, S6093

A5619 (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.

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