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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The defendants argue in Affirmative Defense V (lack of standing) that because Provident engaged in a wrongful foreclosure of the premises they lack standing to pursue the present action. This defense is duplicative of Affirmative Defense I, because in substance it challenges Provident’s right to possession of the Properly, and will be considered on its merits in Part IV infra. Therefore, Affirmative Defense V is stricken. Mass.R.Civ.P. 12(f) (“[T]he court may after hearing order stricken from any pleading any . . . redundant. . . matter”). IV. Affirmative Defense I

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