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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he defendants did not include the date of the sale of the Property from Mr. Dunphy to Ms. Santos in their opposition; Provident attached the Dunphy-Santos quitclaim deed to its motion. This court’s consideration of the deed does not convert Provident’s motion to dismiss to a motion for summary judgment. See Marram, v. Kobrick Offshore Fund, Ltd., 442 Mass. 43, 45 n.4 (2004) (noting that where an opposing party attaches a written instrument to its motion to dismiss, consideration of that document does not convert the motion to one for summary judgment as long as the plaintiff had notice of the document and relied on it in framing his or her pleading).

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