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NY A08721
Bill
Status
6/2/2025
Primary Sponsor
Charles Fall
Click for details
AI Summary
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Amends Real Property Actions and Proceedings Law section 1302-a to add "statute of limitations" as a defense that cannot be waived in home loan foreclosure proceedings, alongside the existing "lack of standing" defense
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Allows defendants to raise lack of standing or statute of limitations defenses even after a foreclosure sale if the judgment was issued upon their default, without requiring the default judgment to be vacated first
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Removes the previous requirement that defendants could only raise these defenses post-sale if they had the default judgment vacated
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Applies immediately to all new foreclosure actions and to any pending actions where a final judgment of foreclosure and sale has not yet been enforced
Legislative Description
Provides that a default judgment against a defendant in a foreclosure action does not need to be vacated in order for the defense of lack of standing or expiration of the statute of limitations to be raised by the defendant.
Last Action
referred to judiciary
1/7/2026