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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Affirmative Defenses II and III are legally insufficient and must be stricken. Mass.R.Civ.P. 12(f). With regard to Affirmative Defense II (equity), the defendants argue that it is “against the principles of equity” to allow Provident to evict the defendants and that the court should invalidate the foreclosure proceedings on these grounds. Similarly, in Affirmative Defense III (relief from forfeiture), the defendants request that the court “exercise its jurisdiction accordingly upon such conditions it deems just and equitable” to grant the defendants relief. Provident argues that the defen*40dants have overlooked the role of the court in a summary process action and therefore, an affirmative defense calling upon the court to invoke its equitable jurisdiction must be stricken.

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