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S05636 Summary:

BILL NOS05636
 
SAME ASSAME AS A07264
 
SPONSORKLEIN
 
COSPNSR
 
MLTSPNSR
 
Amd RR3212 & 3408, S3215, CPLR; amd S1302, add S1302-a, RPAP L
 
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.
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