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Expert Analysis

Stage Is Set For NY High Court Review Of Standing Waiver

Law360, New York (July 24, 2015, 9:50 AM EDT) -- There is a clear split in authority amongst the departments of New York's Appellate Division on the issue of whether the defense of lack of standing may be waived by a borrower upon the borrower's pleading default in a foreclosure action. Indeed, the Appellate Division decisions are so split on this issue that even decisions within the same Appellate Division department have conflicted with one another....

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