Ky. Cir. Ct. Clerks' Manual COMMISSIONERS OF CIRCUIT COURT/FORECLOSURE

19 COMMISSIONERS OF CIRCUIT

COURT/FORECLOSURE

CR 53, AP Part IV; FCRPP 4

19.1 Master Commissioner/Domestic Relations

Commissioner

 Upon court order or by local rule, refer cases to the master commissioner or domestic

relations commissioner. CR 53, AP Part IV, Section 3 (2); FCRPP 4.

 Send a copy of orders referring cases to special master commissioners for judicial sale to

Auditing Services at the Administrative Office of the Courts. AP Part IV, Sec.

Quick Reference

13(3).

Collect the Judicial

Sales

19.2 Motion for Judgment and Order of Sale Administrative Fee

1. When you receive a motion for judgment and order of sale, collect the

Judicial Sales Administrative Fee (JSAF) as set forth in the Accounting

Manual and give a receipt. Do not process the motion until the JSAF fee is

paid. If a motion is received without payment, return it to the

movant/attorney.

NOTE: Any judicial sale which is rescheduled from the original sale date

shall be considered a new referral for judicial sale and an additional JSAF of File motion, date,

$200 shall be charged. initial

2. Apply the FILED stamp to the motion; add the date, and your initials.

3. Complete a scheduled event screen. Requires hearing –

MH

• If the motion is noticed to be heard on a specific date and time, use Does not require

event type MH. hearing – MNH

• If the motion does not require a hearing, use event type MNH. Motion type JOS

4. Complete a motion screen using JOS motion type.

5. When a signed order is received, apply the ENTERED stamp, add the date, Enter, date, initial

and your initials. Document type

JOS

6. Complete a document screen using JOS document type.

7. Serve a copy of the order on all counsel of record, including the Master Commissioner.

NOTE: If the property is located within the boundaries of a municipal government and

the grantee has not filed the deed from the commissioner within thirty (30) business

days of its receipt, the municipal government may file a petition in the Circuit Court of

the county where the property is located requesting the court to enter an order. KRS

382.110. Refer to Section 16 Civil Actions.

COMMISSIONERS OF CIRCUIT COURT/FORECLOSURE

19.3 Notice of Filing of Report

1. Upon receipt of the commissioner’s report apply the FILED stamp to the Quick Reference

Report, add the date and your initials. File, date, initial

2. File the Report on a document screen using document type RCOM (Report Document Type

of Commissioner) or RMC (Report Master Commissioner) as appropriate. RCOM or RMC

3. Prepare AOC Form 240, Notice of Filing, apply the FILED stamp to the AOC Form 240

Notice of Filing; add the date and your initials. File form, date,

initial

4. File on a document screen using document type NF. Serve as per the

distribution list on the bottom of the form. Document type NF

NOTE: The commissioner is responsible for furnishing sufficient copies to

all parties. CR 53.05(1), AP Part IV, Section 5 (1).

5. Parties may serve written objections on other parties within 10 days (three

additional days if notice is by mail or electronic service) after being served

with Notice of Filing of Commissioner's Report. CR 6.05. Application to the

court for action upon the report and objection shall be by motion and

notice. CR 53.05(2), 6.04.

6. When a motion and notice is filed for court action on the commissioner's

report and any objections thereto, apply the FILED stamp to the motion;

add the date and your initials and complete a motion screen. File, date, initial

7. Schedule a hearing by completing a scheduled event screen. CR 53.05(2).

8. When a signed order is received adopting, modifying or rejecting the Schedule event

report, apply the ENTERED stamp to the order; add the date and your

initials. Enter order, date,

9. Enter the order by completing a document screen in the computer, initial

including a brief description and noting method and date of service of

notice of entry. Serve notice of entry on every party who is not in default

or who has not filed a written waiver of notice. For more information, see

Notice of Entry. Service notice of

entry

19.4 Recording Log

Proceedings before a Domestic Relations Commissioner shall be recorded by

audio or video and a recording log shall be kept. The DRC shall file the

recorded hearings and the recording log in the record with the clerk of the

court. FCRPP 4(3). File, date, initial

1. Upon receipt of an audio or video recording log apply the FILED stamp; Document type

add the date and your initials.

RL – Recording Log

2. File the log on a document screen using document code(s) RL (Recording VL – Video Log

Log) or VL (Video Log) as appropriate. Place the log in the physical record.