Assembly Bill A5619

Signed By Governor
2019-2020 Legislative Session

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

download bill text pdf

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Archive: Last Bill Status Via S5160 - Signed by Governor

  • 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

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2019-A5619 (ACTIVE) - Details

See Senate Version of this Bill:
S5160
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: A247, S5241
2017-2018: A1498, S6093

2019-A5619 (ACTIVE) - Summary

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.

2019-A5619 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5619
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             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:
 
   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  SIX  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.
                                                            LBD05992-01-9

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