Provident Funding Associates, LP v. Jones, 31 Mass. L. Rptr. 37 (2013)

Citation: Provident Funding Associates, LP v. Jones, 31 Mass. L. Rptr. 37 (2013)
Parent Document: Provident Funding Associates, LP v. Jones, 31 Mass. L. Rptr. 37 (2013)
Jurisdiction: Massachusetts (state)
Effective Date: 2013-02-27
Original Source: https://www.courtlistener.com/opinion/8358209/provident-funding-associates-lp... ↗

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Accepting as true the factual allegations of the defendants’ answer and the inferences therefrom, see Harvard Crimson, Inc. v. President & Fellows of Harvard Coll., 445 Mass. 745, 749 (2006), the material facts are as follows. In February 2007, Ms. Henry, an elderly woman with cognitive impairments due to Alzheimer’s disease, sold and deeded the Property to Dennis Dunphy to avoid foreclosure. Mr. Dunphy achieved this transaction by falsely representing to Ms. Henry that he would help her find a new home. In August 2007, for about twice the purchase price, Mr. Dunphy sold the Property by a quitclaim deed to Melody Santos, an individual unrelated to Ms. Henry or the other defendants.2 Ms. Santos encumbered the Property by granting a mortgage in favor of Provident.3 In tire mortgage application Ms. Santos submitted to Provident, she falsely stated that she had $80,000 in a bank account and held a job for which she received $9,000 per month. Ms. Santos’s address on the mortgage application indicated that she lived in subsidized housing. Ms. Santos also failed to disclose that in June 2007 she encumbered a properly in South Boston with a $300,000 mortgage in favor of Countrywide Home Loans.

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