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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Even where a chain of title is clouded, a bona fide purchaser may rightfully take title to the exclusion of former title holders. In Massachusetts, the transfer of a quitclaim deed is “voidable, and not void, if fraudulent as to creditors; and until defeated by a creditor, the title of the grantor passes.” Bevilacqua v. Rodriguez, 460 Mass. 762, 777 n. 11 (2011), quoting Mansfield v. Dyer, 131 Mass. 200, 201 (1881) (internal quotations omitted). When a transaction is void, "it is a nullity such that title never left possession of the original owner” whereas when a transaction is voidable it is valid until annulled. Id. at 778. Thus, if a grantor has voidable title to a property, the “title may pass through a quitclaim deed to a bona fide purchaser in whose hands the title is no longer voidable.” Id. at 777 n.ll.

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