You are here: / / “Lack of Standing” Defense to Foreclosure Action Is Waived...
,

“Lack of Standing” Defense to Foreclosure Action Is Waived If Not Raised in the Answer or a Pre-Answer Motion to Dismiss

The Second Department determined plaintiff was entitled to summary judgment on its foreclosure action, noting that any defense based upon plaintiff’s alleged lack of standing was waived because it was not raised in the answer or in a pre-answer motion to dismiss the complaint:

“A party’s alleged lack of standing to commence [an] action is a defense that is waived if not raised in an answer or in a pre-answer motion to dismiss the complaint” … . “Where, as here, the defendants in a mortgage foreclosure action waive the issue of standing by failing to assert the defense in an answer or pre-answer motion to dismiss the complaint (see CPLR 3211[e]), the plaintiff need not establish its standing in order to demonstrate its prima facie entitlement to judgment as a matter of law” … . In this case, the plaintiff established, prima facie, its entitlement to judgment as a matter of law for the unpaid principal balance of the note … . In this regard, the plaintiff presented the subject mortgage, the unpaid note, evidence of [defendant’s] default, and evidence demonstrating that the unpaid principal balance remaining on the note totaled $434,382.89 … . In opposition, [defendant] failed to raise a triable issue of fact … . JP Morgan Chase Bank, N.A. v Butler, 2015 NY Slip Op 04812, 2nd Dept 6-10-15

 

You might also like
Evidence of an “Intimate Relationship” Sufficient to Give Family Court Subject Matter Jurisdiction Over Family Offense Proceeding
Jury Should Have Been Instructed on Intoxication Where an Element of Some of the Charged Offenses Could Have Been Negated by Defendant’s Intoxication
PLAINTIFF SUED DEFENDANT ATTORNEYS ALLEGING INACCURATE ADVICE CAUSED HER TO FILE FOR BANKRUPTCY, BECAUSE THE LEGAL MALPRACTICE ACTION ACCRUED WHEN PLAINTIFF FILED FOR BANKRUPTCY, THE LAWSUIT BECAME PART OF THE BANKRUPTCY ESTATE AND PLAINTIFF WAS THEREBY STRIPPED OF THE CAPACITY TO SUE (SECOND DEPT).
Police Were Not Justified In Entering the Curtilage of Defendant’s Home (By Climbing a Fence) After Defendant Ignored the Officers’ Command to “Stop”
DEFENDANT’S FOR CAUSE CHALLENGE TO A JUROR REQUIRED FURTHER INQUIRY BY THE JUDGE; IN THE ABSENCE OF A SUFFICIENT INQUIRY AND THE ELICITATION OF AN UNEQUIVOCAL ASSURANCE OF THE ABILITY TO BE IMPARTIAL, THE DENIAL OF THE CHALLENGE WAS REVERSIBLE ERROR (SECOND DEPT).
PROPERTY OWNER DID NOT DEMONSTRATE LEAVES ON A STAIRWAY CONSTITUTED AN OPEN AND OBVIOUS CONDITION AND DID NOT DEMONSTRATE A LACK OF NOTICE OF THE CONDITION, SUMMARY JUDGMENT PROPERLY DENIED (SECOND DEPT).
ALTHOUGH THE TENANT HAD VIOLATED CERTAIN PROVISIONS OF THE LEASE, THE EVICTION PENALTY SHOCKED THE CONSCIENCE AS A MATTER OF LAW (SECOND DEPT).
Whether Color-Blind Bus Driver Should Be Given a Road Test to Determine Driving Abilities Was a Proper Subject of Arbitration Pursuant to the Collective Bargaining Agreement

Categories

Sign Up for the Mailing List to Be Notified When the Site Is Updated.

  • This field is for validation purposes and should be left unchanged.

Copyright © 2026 New York Appellate Digest, Inc.
Site by CurlyHost | Privacy Policy

Plaintiff Who Fell From Scaffolding Which Did Not Have Safety Rails Entitled... Management Agreement Did Not Give Rise to Tort Liability for Slip and Fall