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.
STATE OF NEW YORK
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5619
2019-2020 Regular Sessions
IN ASSEMBLY
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:
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 six 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.
LBD05992-01-9
