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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Standing requires “a definite interest in the matters in contention,” meaning, the plaintiffs rights will be significantly affected by the resolution of the contested point. Bonan v. Boston, 398 Mass. 315, 320 (1986). Here, the defendants allege that Provident was on notice that Ms. Santos was ineligible for the loan, and Provident, therefore, is obtaining title and possession of the Property through unlawful eviction and foreclosure. As such, the defendants can establish legally cognizable injuries that the eviction proceedings have caused—wrongful eviction and foreclosure. See Slama v. Attorney General, 384 Mass. 620, 624 (1981). This is enough to survive a motion to strike. Mass. Rule Civ. P. 12(f). Merits

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