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RE: Special Referees and Foreclosure Sales.
ORDER
By Advisory Opinion No. 15-2003, the Advisory Committee on
Standards of Judicial Conduct opined that a special referee may not receive a
sales commission for handling a foreclosure sale. Since issuance of the
Advisory Opinion, many special referees are not disbursing funds, which
means that a final report on a foreclosure sale may not be filed and the parties
are not given an opportunity to appeal the report, should they so desire. I
have asked the Committee to revisit that Opinion which fails to distinguish
between masters-in-equity, part-time masters who at times act as special
referees, and special referees. Pending resolution of this matter, special
referees are authorized to keep any fees and commissions previously earned
and to disburse funds as necessary to enable them to file a final sales report
without reliance on Advisory Opinion No. 15-2003.
Finally, until any further order, the general practice of special referees of being compensated by a fee and a 1% commission on the sale shall continue.
IT IS SO ORDERED.
| s/Jean Hoefer Toal Jean Hoefer Toal, Chief Justice |
Columbia, South Carolina
December 11, 2003