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AP IV, Sec. 8 Compensation of Master Commissioners, Deputies, and Clerical Staff

Baldwin's Kentucky Revised Statutes AnnotatedAdministrative Procedures of the Court of Justice

Baldwin's Kentucky Revised Statutes Annotated
Administrative Procedures of the Court of Justice
Part IV. Master Commissioners of the Circuit Court (Refs & Annos)
Administrative Procedures, AP IV, Sec. 8
AP IV, Sec. 8 Compensation of Master Commissioners, Deputies, and Clerical Staff
(1) Master commissioners shall be compensated by fee charged upon the parties or paid out of any fund of an action in the circuit court. Deputies, clerical staff and office expenses, as authorized in AP Part IV, Section 10, shall be paid from the excess fees of the office. Salaries of clerical staff shall be set in accordance with the pay schedule established by the judicial personnel system.
(2) The fee for each judicial sale shall be calculated as follows:
(a) 3% of the final bid. The fee shall be no less than $400 and shall not exceed $5,000.
(b) If the sale involves more than one property, parcel, or judgment, a fee of $650 per additional property, parcel, or judgment (e.g., the second, third, and subsequent) shall be assessed in addition to the fee calculated under subsection (2)(a) of this section.
(c) If the sale is withdrawn, a fee of not more than 50% of what the sale fee would have been as calculated under subsections (2)(a) and (b) of this section based upon the appraisal value of the property, or $400, whichever is greater, shall be assessed.
(d) If the sale is not confirmed through no fault of the master commissioner, a fee of no more than the sale fee as calculated under subsections (2)(a) and (b) of this section shall be assessed.
(3) In addition to the fee authorized in subsection (2), above, the master commissioner may also recover necessary direct expenses attributable to the case referred for judicial sale including the cost of postage, copies, faxes, long distance telephone, advertising, appraisers, licensed auctioneer pursuant to KRS 426.522, and the cost of the care of the property in his or her possession, and shall recover the administrative fee prescribed in Section 2(10). The circuit court may require a deposit sufficient in amount to pay the direct costs of sale.
(4) A fee of $50 shall be charged for each report and recommendation(s) prepared on tendered foreclosure judgments in uncontested cases for enforcement of a mortgage or other lien. Additionally, a fee of $50 shall be charged for drafting any necessary deed or title and executing same.
(5) For receiving and paying out money under court order, except as otherwise provided in subsection (2), and for settling the accounts of estates the fee shall be 3% of the first $2,000; 2 ½ % for the next $3,000; and, 1 ½ % for the excess over $5,000. For settlement of accounts of insolvent estates this computation shall exclude any amounts exempt from creditors. In no case shall the fee exceed $5,000.

Credits

HISTORY: Amended by Order 2018-22, eff. 1-1-19. Renumbered and amended by Order 2015-25, eff. 1-1-16; prior amendments eff. 1-1-12 (Order 2011-08), 1-1-11 (Order 2010-10), 7-1-06 (Order 2006-07), 3-1-06 (Order 2006-04), 7-1-04 (Order 2004-2); adopted by Order 2003-5, eff. 1-1-04
Administrative Procedures, AP IV, Sec. 8, KY ST ADMIN P AP IV, Sec. 8
Current with amendments received through May 1, 2020.
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