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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A bona fide purchaser is one who, in good faith, buys something for valuable consideration without actual or constructive notice of any defects in, or infirmities, claims, or equities against the seller’s title. Brown v. Accredited Home Lenders, Inc., 26 Mass. L. Rptr. 559 (Mass.Super.Ct. 2009); see also Denn v. Miller, 18 LCR278, 280 (2010). “A subsequent grantee without notice can be a bona fide purchaser, entitling him to ‘rely with certainty upon the fact that no instrument which does not appear of record and of which he does not have actual notice’ will spoil his claim of ownership.” Denn, 18 LCR at 281, quoting *41Fangerv. Feeder, 327 Mass. 501, 506 (1951). “Notice” comes in two forms: actual and constructive. See Gallivan v. Zoning Bd. of Appeals of Wellesley, 71 Mass.App.Ct. 850, 857 (2008). A party claiming that another is not a bona ñde purchaser bears the burden of proof. Selectmen of Hanson v. Lindsay, 444 Mass. 502, 509-10 (2005).

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