S 10529 NY
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
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Summary
New York Senate Bill 10529 clarifies that defendants in foreclosure actions can raise defenses of lack of standing or expiration of the statute of limitations even after a default judgment has been entered against them, without having to vacate the judgment first. The law specifies that these two defenses are not waived if a defendant fails to raise them in their initial response to the foreclosure action, and they may be raised at any point in the proceeding, including after a foreclosure sale. The bill applies to all new foreclosure actions filed after the law takes effect and to any pending actions where a final foreclosure judgment has not yet been enforced.
AI-generated plain-language summary of the bill text — neutral, and may be imperfect. See the full text below for the exact wording.
Official abstract
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.
Sponsor (1)
- Jessica Scarcella-Spanton Democratic · primary
Action history (1)
- May 19, 2026 REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT · upper
Text versions (2)
Full text
Full text imported from assembly.state.ny.us
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Bill No.: Summary Actions Committee Votes Floor Votes Memo Text LFIN Chamber Video/Transcript S10529 Summary: BILL NO S10529   SAME AS SAME AS A08721
  SPONSOR SCARCELLA-SPANTON   COSPNSR   MLTSPNSR   Amd §1302-a, RPAP L   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.
Go to top S10529 Text:
STATE OF NEW YORK ________________________________________________________________________
10529
IN SENATE
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
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