Deutsche Bank National Trust Co. v. Pike, No. 17-1815 (1st Cir. 2019)Annotate this Case
In this diversity case, the First Circuit affirmed the district court’s conclusion that Deutsche Bank National Trust Company’s mortgage interest in a property in New Hampshire was subject to a homestead right of Jennifer Pike, the property’s resident, and the district court’s denial of Pike’s request for attorney’s fees, holding that the district court did not err.
After consolidating Pike’s appeal from the denial of her request for attorney’s fees with Deutsche Bank’s appeal, the First Circuit held (1) the district court correctly determined that Pike retained her homestead right under the plain language of a divorce decree; (2) the district court correctly declined to apply equitable subrogation to defeat Pike’s homestead right; and (3) the district court correctly concluded that Pike was not entitled to attorney’s fees under a New Hampshire state statute and the mortgage because she was not the “borrower” for purposes of the mortgage.