February 5, 2019

CPLR 3018(b).

Practice point:  The defense of lack of standing in an action to foreclose a mortgage is waived if the defendant does not raise it in a pre-answer motion to dismiss or as an affirmative defense.

BAC Home Loans Servicing, LP v. Alvarado, NY Slip Op 00584 (2d Dep't January 30, 2019)

Here is the decision.