N.Y. Real Property Actions & Proceedings Law Section 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 § 1304 (Required prior notices)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.

Source: Section 1302-A — Defense of lack of standing; not waived, https://www.­nysenate.­gov/legislation/laws/RPA/1302-A (updated Jan. 3, 2020; accessed Jan. 17, 2026).

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Verified:
Jan. 17, 2026

Last modified:
Jan. 3, 2020

§ 1302-A. Defense of lack of standing's source at nysenate​.gov

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