Henry v. Provident Funding Assoc., L.P.

Kaplan, Mitchell H., J.

INTRODUCTION

This action was filed in response to defendant Provident Funding Assoc. L.P.’s (Provident) efforts to evict plaintiff Nancy Henry, from a single-family residence located at 24 Upton Street in Cambridge (the Property) — a residence which she previously owned and in which she has lived for many years. It is before the court on Provident’s motion to dismiss the complaint under Mass.R.Civ.P. 12(b)(6) for failure to state a claim against it on which relief may be granted. Assuming the truth of the allegations set out in Ms. Henry’s Second Amended Complaint (the…