PROPERTY – Foreclosures, Master commissioner: Arterburn v. First Community Bank (COA 11/20/2009)

Arterburn v. First Community Bank
2008-CA-002018 11/20/09 2009 WL 3878090

Opinion by Judge Clayton; Judge Acree and Senior Judge Harris concurred.

The Court affirmed in part, and reversed and remanded in part, an order of the circuit court denying appellants’ post-judgment motion to alter, amend or vacate orders of confirmation ordering payment to the master commissioner of fees and costs, appraiser’s fees and newspaper advertisement costs.

The Court held that the trial court did not err in determining that five separate tracts were named for foreclosure, resulting in five withdrawn sales.

The Court next held that the fees for the withdrawn sales of four of the tracts were correctly calculated under The Administrative Procedures for the Court of Justice, Part IV, Section 6(2). However, the Court held that the language of the regulation prohibited the commissioner’s fee on a withdrawn sale from exceeding $2,500. Therefore, the Court limited the fees for the withdrawn sale of one of the tracts to that amount.

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