Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Deutsche Bank National Trust Co. v. Pike

United States District Court, D. New Hampshire

September 6, 2017

Deutsche Bank National Trust Company, Trustee
v.
Jennifer L. Pike Opinion No. 2017 DNH 180

          ORDER

          Joseph DiClerico, Jr. United States District Judge

         Jennifer Pike moves for an award of attorney's fees and costs under Federal Rule of Civil Procedure 54(d). Pike seeks a total of $89.66 in costs and $24, 988.75 in fees. Deutsche Bank objects to Pike's request for attorney's fees.

         Deutsche Bank filed a notice of appeal on August 10, 2017, after judgment was entered but before Pike filed her motion for fees and costs. Generally, “the entry of a notice of appeal divests the district court of jurisdiction to adjudicate any matters related to [the] appeal.” United States v. Martin, 520 F.3d 87, 97 (1st Cir. 2008) (internal quotation marks omitted). The issue of costs and attorney's fees, however, is not related to the appeal and may be decided despite the notice of appeal. United States v. Hurley, 63 F.3d 1, 23 (1st Cir. 1995).

         Background

         William and Jennifer Pike were married in 2000. William bought property at 34 Dogwood Lane, New London, New Hampshire, in 2001. In 2003, William obtained a loan from New Century Mortgage Corporation that was secured by a mortgage on the New London property. Although Jennifer's signature appears on the mortgage document, she asserts that she did not know about the loan or the mortgage and did not sign the mortgage.

         In 2004, William obtained a second mortgage loan, secured by the New London property, from First Franklin Financial Corporation. Jennifer did not sign the note or the mortgage. The First Franklin mortgage was transferred by assignment to Deutsche Bank on May 26, 2009.

         The Pikes were divorced on July 3, 2013. Under the terms of the divorce decree, Jennifer was awarded the property with certain other conditions. William transferred the property to Jennifer by deed on July 26, 2013. Jennifer continues to live at the property. As has been decided in this case, Deutsche Bank's mortgage is subject to Jennifer's homestead interest in the property.

         Discussion

         Pike seeks an award of costs and attorney's fees. In support of her request for attorney's fees, Pike relies on RSA 361-C:2. Deutsche Bank does not object to Pike's request for costs but contends that neither the attorney's fees provision in the mortgage nor RSA 361-C:2 apply in this case.

         A. Costs

         Rule 54(d)(1) provides that unless federal law or a court order states otherwise, a prevailing party is entitled to her costs other than attorney's fees. Deutsche Bank does not dispute that Pike is entitled to $89.66 in costs as she requests.

         B. Attorney's Fees

         Pike also asserts that she is entitled to an award of attorney's fees under RSA 361-C:2. RSA 361-C:2 provides for an award of attorney's fees in an action, suit, or proceeding to a “buyer, borrower or debtor” who prevails in a suit against a “seller, lender or creditor” if the “retail installment contract or evidence of indebtedness” requires the “buyer, borrower or debtor” to pay the attorney's fees of the “seller, lender or creditor” under the same circumstances. In other words, RSA 361-C:2 makes a mortgage provision in favor of the mortgagee, the bank or lender, reciprocal for the mortgagor, the borrower or debtor. Therefore, application of the statute is limited to cases in which a buyer, borrower, or debtor prevails against a seller, lender, or creditor in a suit brought under a retail installment contract, such as a mortgage, or evidence of indebtedness, such as a loan note.

         Pike contends that a provision in the First Franklin mortgage pertaining to attorney's fees, paragraph 25, triggers the application of RSA 361-C:2 to ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.