Bill Text: NY A05619 | 2019-2020 | General Assembly | Introduced

New York Assembly Bill 5619 (Prior Session Legislation)

Introduced

Bill Title: 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.

Spectrum: Partisan Bill (Democrat 8-0)

Status: (Passed) 2019-12-23 - SIGNED CHAP.739 [A05619 Detail]

Download: New_York-2019-A05619-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________
                                          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