A01498 Summary:

BILL NOA01498
 
SAME ASSAME AS S06093
 
SPONSORWeinstein
 
COSPNSRPerry, Blake, Hyndman, Colton, Abinanti
 
MLTSPNSR
 
Add §1302-a, RPAP L
 
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.
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A01498 Actions:

BILL NOA01498
 
01/12/2017referred to judiciary
05/16/2017reported
05/18/2017advanced to third reading cal.382
01/03/2018ordered to third reading cal.111
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A01498 Committee Votes:

JUDICIARY Chair:Weinstein DATE:05/16/2017AYE/NAY:14/6 Action: Favorable
WeinsteinAyePalumboNay
DinowitzAyeMontesanoNay
TitusAyeBarclayNay
LavineAyeGoodellNay
ZebrowskiAyeGrafNay
WeprinAyeLupinacciNay
BraunsteinAye
SimotasAye
QuartExcused
TitoneAye
BuchwaldAye
SteckAye
SeawrightAye
SimonAye
JoynerAye

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A01498 Floor Votes:

There are no votes for this bill in this legislative session.
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A01498 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          1498
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 12, 2017
                                       ___________
 
        Introduced by M. of A. WEINSTEIN, PERRY, BLAKE, HYNDMAN, COLTON, ABINAN-
          TI -- 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:
 
     1    Section 1. The real property actions and proceedings law is amended by
     2  adding a new section 1302-a to read as follows:
     3    § 1302-a. Defense of lack of standing; not waived. Notwithstanding the
     4  provisions of subdivision (e) of rule thirty-two hundred eleven  of  the
     5  civil  practice  law  and  rules,  any objection or defense based on the
     6  plaintiff's lack of standing in a foreclosure proceeding  related  to  a
     7  home  loan,  as  defined in paragraph (a) of subdivision five of section
     8  thirteen hundred four of this article, shall not be waived if a  defend-
     9  ant  fails to raise the objection or defense in a responsive pleading or
    10  pre-answer motion to dismiss. A defendant may not raise an objection  or
    11  defense  of  lack  of  standing  following  a foreclosure sale, however,
    12  unless the judgment of foreclosure and sale was issued upon  defendant's
    13  default.
    14    § 2. This act shall take effect immediately.
 
 
 
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02846-01-7
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