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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In June 2010, Provident filed a Complaint for Summary Process (the “Summary Process Action”) to evict the defendants from the Property.4 In January 2011, Judge Singleton stayed the Summary Process Action pending adjudication of a complaint brought by the defendants against Provident and others in the Superior Court [“Henry I”). Ms. Henry’s complaint in Henry I asserted that Provident engaged in negligent underwriting, fraudulent conveyance and rescission, negligent eviction, and violation of G.L.c. 93A, §9. Provident filed a motion to dismiss, and in a decision dated March 16, 2012 Judge Kaplan allowed Provident’s motion [30 Mass. L. Rptr. 33]. Now, as the Summary Process Action continues, the defendants have answered with numerous counterclaims and affirmative defenses. Discussion I. Standard of Review Motion to Dismiss

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