Magistrate Judge Allows Attorney Fees but Cronenwett of Mackie Wolf Did not Pursue. Is this Why…
“Deutsche Bank also requests a judgment declaring that the following are secured by the Security Instrument on the property:
(a) the outstanding balance of the note;
(b) prejudgment interest;
(c) post-judgment interest from the date of judgment until paid;
(d) costs of court;
(e) attorney’s fees.
But the relief available on default judgment is limited to the relief requested in a plaintiff’s complaint, see Fed. R. Civ. P. 54(c), and nowhere in its live Complaint does Deutsche Bank seek such a declaration.
Deutsche Bank, however, should be awarded its costs—provided it timely files a bill of costs using the form required by the Clerk of the Court and supported by appropriate documentation.
It may also request reasonable attorney’s fees in compliance with Federal Rule of Civil Procedure 54(d)(2).
Any such fees and costs, however, may only be recovered against the property after a foreclosure sale. See Huston, 988 F. Supp. 2d at 741.