RPAPL 1302-A — Legislation

Legislation Search OpenLegislation Statutes Search Term Search icon Search previous SECTION 1302 Foreclosure of certain residential mortgages up ARTICLE 13 Action to Foreclose a Mortgage next SECTION 1303 Foreclosures; required notices Viewing most recent revision (from 2020-01-03) View historical revision as of: -- Choose a Date -- 2020-01-03 Share Facebook Email SECTION 1302-A Defense of lack of standing; not waived Real Property Actions & Proceedings (RPA) CHAPTER 81, ARTICLE 13 § 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.