BILL NO | A02041 |
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SAME AS | No same as |
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SPONSOR | Weinstein (MS) |
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COSPNSR | Abinanti, Braunstein, Bronson, Colton, Dinowitz, Galef, Jaffee, Markey, Miller, Scarborough,
Weprin, Wright, Zebrowski, Clark, Hooper |
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MLTSPNSR | Brennan, Glick, Gottfried, Heastie, Lentol, Schimel |
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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. |