State legislators have approved legislation that would give those whose home is being foreclosed upon more time to mount a defense.

The bill amends the state Real Property Tax Law so that any defense based on a plaintiff’s lack of standing in a foreclosure proceeding related to a home loan cannot be waived if a defendant fails to raise the standing defense in a responsive pleading or pre-answer motion. The standing defense means the homeowner questions whether or not the bank pursuing foreclosure actually has physical possession of the mortgage note and is the proper party to bring the foreclosure action.

“The defense of standing … must be raised in the very early part of the proceeding,” said Assemblywoman Helene Weinstein, D-Brooklyn and sponsor of the legislation. “As we know, many defendants do not have attorneys when they are first served with foreclosure notices. Some don’t even get the notice and, by appearing in court, they sometimes within 20 or 30 days will waive their ability to raise this defense of standing. It is very important that we let unrepresented individuals, which are a large number of the people facing foreclosure, the ability to raise this defense and not to lose their home because of a quirk in the law that requires them to raise this issue early. ”

Assemblyman Andy Goodell, R-Jamestown, argued that the legislation will unnecessarily extend foreclosure cases and make the problem of zombie properties worse. He said issues of standing are typically proven before the defendant appears in court. Goodell voted against the legislation when it appeared before the Judiciary Committee and again on the Assembly floor last week.

“This is an automatic one or two month extension for a person who is in a house that is becoming a zombie property without making any payments,” Goodell said. “The current process works. There’s more protection in the current process than any other legal proceeding and this is overkill that will slow the process further, disrupt the proceedings and add uncertainty even after the foreclosure sale over whether or not the deed is valid.”