Statute · New York Real Property Actions & Proceedings Law
N.Y. Real Prop. Acts. Law § 1302-a — Defense of lack of standing; not waived
N.Y. Real Prop. Acts. Law § 1302-a
- Type
- Statute
- Source
- New York Real Property Actions & Proceedings Law
- Jurisdiction
- New York
- Current through
- Nov 5, 2026 (NY Senate Open Legislation)
§ 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…
Citator
N.Y. Real Prop. Acts. Law § 1302-a — Defense of lack of standing; not waived is in force in the current edition of the Code, and nothing recorded condemns it.
§ 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 defendant 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.