| BILL NO | A07264 |
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| SAME AS | SAME AS S05636
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| SPONSOR | Weinstein (MS) |
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| COSPNSR | Rivera P, Maisel, Robinson, Lancman, Barron, Abinanti, Braunstein, Bronson, Colton, Dinowitz,
Galef, Hikind, Jaffee, Markey, Miller M, Reilly, Roberts, Russell, Scarborough, Weprin, Wright,
Zebrowski, Titus, Clark, Hooper |
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| MLTSPNSR | Brennan, Cook, Farrell, Glick, Gottfried, Gunther, Heastie, Jeffries, Lentol, McEneny, Schimel,
Sweeney |
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| Amd RR3212 & 3408, S3215, CPLR; amd S1302, add S1302-a, RPAP L |
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| Establishes certain proof and settlement requirements for plaintiffs seeking summary judgment or a default judgment in a residential foreclosure proceeding; provides that only the owner and holder of a mortgage and note, or its agent, shall have standing to commence a mortgage foreclosure action; lack of standing shall be defense that may be raised at any time; requires the plaintiff in a foreclosure action to affirm that it is the holder and owner, or its delegated agent, of the subject mortgage and note; the summons and complaint shall include a copy of the original mortgage and note, and all endorsements, assignments and transfers thereof, and any delegations of authority by the owner and holder of the mortgage and note. |
