Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 03, 2018 |
referred to housing, construction and community development |
May 11, 2017 |
referred to housing, construction and community development |
Senate Bill S6093
2017-2018 Legislative Session
Sponsored By
(D, IP) Senate District
Archive: Last Bill Status - In Senate Committee Housing, Construction And Community Development Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
2017-S6093 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A1498
- Current Committee:
- Senate Housing, Construction And Community Development
- Law Section:
- Real Property Actions and Proceedings Law
- Laws Affected:
- Add §1302-a, RPAP L
- Versions Introduced in Other Legislative Sessions:
-
2013-2014:
A9911
2015-2016: S5241, A247
2019-2020: S5160, A5619
2017-S6093 (ACTIVE) - Sponsor Memo
BILL NUMBER: S6093 TITLE OF BILL : 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 SUMMARY OF PROVISIONS OF BILL : Section 1: Adds a new section 1302,A to the Real Property Actions and Proceedings Law (RPAPL) providing that any defense based on a plaintiffs lack of standing in a foreclosure proceeding related to a home loan cannot be waived if a defendant fails to raise such a defense in a responsive pleading or pre- answer motion. It also provides that a defendant may not raise the defense after a foreclosure sale, unless the judgment of foreclosure and sale was issued upon the defendant's default. Section 2: Provides for the effective date. JUSTIFICATION : During the past 4 years (both before and after the stock market crash of 2008 and the previous and associated meltdown of the housing market), there has been a nationwide increase in foreclosures.
2017-S6093 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 6093 2017-2018 Regular Sessions I N S E N A T E May 11, 2017 ___________ Introduced by Sen. SAVINO -- 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: Section 1. The real property actions and proceedings law is amended by adding a new section 1302-a to read as follows: § 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 FIVE OF SECTION THIRTEEN HUNDRED FOUR OF THIS ARTICLE, SHALL NOT BE WAIVED IF A DEFEND- ANT 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. § 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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