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Assembly Bill A8721

2025-2026 Legislative Session

Provides that a default judgment against a defendant in a foreclosure action does not need to be vacated for such defendant to claim the plaintiff lacks standing or that the statute of limitations has expired

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Current Bill Status - In Assembly Committee

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2025-A8721 (ACTIVE) - Details

Current Committee:
Assembly Judiciary
Law Section:
Real Property Actions and Proceedings Law
Laws Affected:
Amd §1302-a, RPAP L

2025-A8721 (ACTIVE) - Summary

Provides that a default judgment against a defendant in a foreclosure action does not need to be vacated in order for the defense of lack of standing or expiration of the statute of limitations to be raised by the defendant.

2025-A8721 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8721
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               June 2, 2025
                                ___________
 
 Introduced  by  M. of A. FALL -- read once and referred to the Committee
   on Judiciary
 
 AN ACT to amend the  real  property  actions  and  proceedings  law,  in
   relation  to clarifying that a default judgment against a defendant in
   a foreclosure action does not need to be vacated for such defendant to
   claim the plaintiff lacks standing or that the statute of  limitations
   has expired
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 1302-a of the real property actions and proceedings
 law, as added by chapter 739 of the laws of 2019, is amended to read  as
 follows:
   §  1302-a. [Defense] DEFENSES of lack of standing AND STATUTE OF LIMI-
 TATIONS; 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  OR
 EXPIRATION  OF  THE  STATUTE  OF LIMITATIONS 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  defendant  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 OR EXPIRATION OF THE STATUTE OF
 LIMITATIONS following a foreclosure sale[, however, unless] IF the judg-
 ment of foreclosure and sale was issued upon SUCH  defendant's  default,
 EVEN IF SUCH JUDGMENT HAS NOT BEEN VACATED.
   § 2. This act shall take effect immediately, and shall apply to:
   (a) all actions commencing on or after such date; and
   (b) any action commencing prior to such date in which a final judgment
 of  foreclosure  and  sale has not yet been enforced upon such effective
 date.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13246-02-5

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