Allows a defendant in a foreclosure action to raise the defense of lack of standing or expiration of the statute of limitations even if a default.
New York S10529 amends the real property actions and proceedings law to ensure that a defendant in a foreclosure action can raise the defense of lack of standing or expiration of the statute of limitations, even if a default judgment has been issued against them. This change allows defendants to challenge the foreclosure proceedings on these grounds without needing to vacate the default judgment first. The amendment applies to actions commencing after the effective date of the act and to any actions that have not yet resulted in a final judgment of foreclosure and sale by that date.
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