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This entry was published on 2020-01-03
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Defense of lack of standing; not waived
Real Property Actions & Proceedings (RPA) CHAPTER 81, ARTICLE 13
§ 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
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 following a foreclosure sale,
however, unless the judgment of foreclosure and sale was issued upon
defendant's default.