BILL NO S05636
SAME AS SAME AS A07264
SPONSOR KLEIN
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.
