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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Here, the defendants’ Affirmative Defenses II and III do not sufficiently relate to the validity of legal title itself. Instead, these defenses are more akin to remedies, which would be implemented after a finding that Provident does not validly hold legal title. See infra Part IV. Because they are not viable claims, Affirmative Defenses II and III must be stricken. Mass.R.Civ.P. 12(f); see also Harvard Crimson, Inc., 445 Mass, at 748 (explaining that the purpose of a motion to dismiss is to “permit [the] prompt resolution of a case where the allegations in the complaint clearly demonstrate that the plaintiffs claim is legally insufficient”). Affirmative Defense IV

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