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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

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

Other Sections in This Document (41)

Full Text

465 chars
Affirmative Defense I (no superior right to possession) is essentially a claim that Provident was not a bona fide purchaser of the Property. Provident provides three arguments in support of its motion to strike this affirmative defense: (1) res judicata bars the defendants’ argument; (2) the defendants do not have standing to allege this defense; and (3) the defendants’ defense fails on the merits. Each of these arguments will be addressed in turn. Res Judicata