S10529 • 2025

Provides that a default judgment against a defendant in a foreclosure action does not need to be vacated for such defendant to claim the plaintiff lacks standing or that the statute of limitations has expired

Active

The official status still shows this bill as active or still awaiting another formal step.

Sponsor: Jessica Scarcella-Spanton
Last action: 2026-05-19
Official status: In Senate Committee
Effective date: Not listed

Plain English Breakdown

Using official source text because the generated explanation was unavailable or could not be confirmed against the official bill text.

Provides that a default judgment against a defendant in a foreclosure action does not need to be vacated for such defendant to claim the plaintiff lacks standing or that the statute of limitations has expired

Provides that a default judgment against a defendant in a foreclosure action does not need to be vacated for such defendant to claim the plaintiff lacks standing or that the statute of limitations has expired 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.

What This Bill Does

Provides that a default judgment against a defendant in a foreclosure action does not need to be vacated for such defendant to claim the plaintiff lacks standing or that the statute of limitations has expired 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.

Limits and Unknowns

This entry is temporarily using official source text because the generated explanation could not be confirmed against the official bill text during the last sync.

Bill History

2026-05-19 Senate
REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT

Official Summary Text

Provides that a default judgment against a defendant in a foreclosure action does not need to be vacated for such defendant to claim the plaintiff lacks standing or that the statute of limitations has expired
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.

Current Bill Text

Read the full stored bill text

S T A T E   O F   N E W   Y O R K
        ________________________________________________________________________

                                          10529

                                    I N  S E N A T E

                                      May 19, 2026
                                       ___________

        Introduced  by Sen. SCARCELLA-SPANTON -- read twice and ordered printed,
          and when  printed  to  be  committed  to  the  Committee  on  Housing,
          Construction and Community Development

        AN  ACT  to  amend  the  real  property  actions and proceedings law, in
          relation to clarifying that a default judgment against a defendant  in
          a foreclosure action does not need to be vacated for such defendant to
          claim  the plaintiff lacks standing or that the statute of limitations
          has expired

          THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
        BLY, DO ENACT AS FOLLOWS:

     1    Section 1. Section 1302-a of the real property actions and proceedings
     2  law,  as added by chapter 739 of the laws of 2019, is amended to read as
     3  follows:
     4    § 1302-a. [Defense] DEFENSES of lack of standing AND STATUTE OF  LIMI-
     5  TATIONS;  not  waived. Notwithstanding the provisions of subdivision (e)
     6  of rule thirty-two hundred eleven of the civil practice law  and  rules,
     7  any  objection  or  defense based on the plaintiff's lack of standing OR
     8  EXPIRATION OF THE STATUTE OF LIMITATIONS  in  a  foreclosure  proceeding
     9  related  to  a home loan, as defined in paragraph (a) of subdivision six
    10  of section thirteen hundred four of this article, shall not be waived if
    11  a defendant fails to raise the objection  or  defense  in  a  responsive
    12  pleading or pre-answer motion to dismiss. A defendant may [not] raise an
    13  objection or defense of lack of standing OR EXPIRATION OF THE STATUTE OF
    14  LIMITATIONS following a foreclosure sale[, however, unless] IF the judg-
    15  ment  of  foreclosure and sale was issued upon SUCH defendant's default,
    16  EVEN IF SUCH JUDGMENT HAS NOT BEEN VACATED.
    17    § 2. This act shall take effect immediately, and shall apply to:
    18    (a) all actions commencing on or after such date; and
    19    (b) any action commencing prior to such date in which a final judgment
    20  of foreclosure and sale has not yet been enforced  upon  such  effective
    21  date.


         EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13246-02-5