senate Bill S5160

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 - 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 (13)
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

Votes

view votes

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 Housing, Construction and Community Development committee vote details

Housing, Construction and Community Development Committee Vote: May 7, 2019

Co-Sponsors

S5160 (ACTIVE) - Details

See Assembly Version of this Bill:
A5619
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
2017-2018: S6093, A1498

S5160 (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.

S5160 (ACTIVE) - Sponsor Memo

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

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