Real Property Actions and Proceedings Law
Section 1302-A
Action for Partition
RPAPL 1302-A: Defense of lack of standing; not waived

RPA 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.

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This section of the Real Property and Proceedings Law is provided as part of a free educational service by J. Douglas Barics, attorney at law for reference only. Statutes and codes such as RPAPL 1302-A are frequently amended, and no representation is made that the above version of RPA 1302-A is current. Updated statutes and codes may be available at the New York State Legislature Website. No statute should be relied on without understanding controlling case law which may further interpret it. An attorney should be consulted for legal advice.

If you have any questions or comments, please feel free to contact Mr. Barics at lawyer@jdbar.com or (631) 864-2600. For more articles and information, please visit www.jdbar.com.

J. Douglas Barics, Esq. – Divorce, family, matrimonial, trial and appeals lawyer in Long Island, New York.