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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Res judicata does not bar the defendants’ bona fide purchaser defense because Judge Kaplan expressly left open the question of whether Provident was a bona fide purchaser for value: “In this case, Ms. Heniy does allege that she was elderly and cognitively impaired and Mr. Dunphy fraudulently induced her to sell the Property . . . She also generally alleges facts that might, potentially, put a mortgagee on constructive notice that mischief was afoot. . .” Henry, SUCV2011-1332, slip op. at 10. Judge Kaplan noted that this issue was beyond the scope of his opinion and declined to make a ruling. Id. Standing

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