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S05160 Summary:

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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S05160 Text:

                STATE OF NEW YORK
                               2019-2020 Regular Sessions
                    IN SENATE
                                     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:
     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.
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