N.Y. Real Property Actions & Proceedings Law § 1302-a: Defense of lack of standing; not waived

§ 1302-a. Defense of lack of standing; not waived. Notwithstanding the

provisions of subdivision (e) of rule thirty-two hundred eleven of the

civil practice law and rules, any objection or defense based on the

plaintiff's lack of standing in a foreclosure proceeding related to a

home loan, as defined in paragraph (a) of subdivision six of section

thirteen hundred four of this article, shall not be waived if a

defendant fails to raise the objection or defense in a responsive

pleading or pre-answer motion to dismiss. A defendant may not raise an

objection or defense of lack of standing following a foreclosure sale,

however, unless the judgment of foreclosure and sale was issued upon

defendant's default.