Know Your Rowan County Government

Most Rowan County residents have probably seen legal advertisements announcing a Master Commissioner's sale. Others may have heard the term during a foreclosure or family estate dispute. Yet few people truly understand what the Master Commissioner's Office is—or what it does.

To help answer those questions, The Morehead Minute is launching a new educational series, Know Your Rowan County Government, designed to help residents better understand the offices that serve our community.

For this first installment, The Morehead Minute corresponded with Rowan County Master Commissioner B.R. "Bud" Salyer, who provided information about the duties and responsibilities of the office and reviewed this article for technical accuracy.

According to Salyer, the easiest way to describe a Master Commissioner is as a special assistant to the Circuit Judge.

The Master Commissioner is appointed by the Circuit Judge to serve a four-year term and performs judicial duties assigned by the court. Unlike many county offices, the position is not elected by the public.

Although Kentucky judges were once permitted to appoint almost anyone to the position, Kentucky Supreme Court rules now require that Master Commissioners be licensed attorneys.

Salyer has served as Rowan County Master Commissioner for approximately 20 years.

While judicial sales are the responsibility most often associated with the office, the Master Commissioner may perform a variety of duties assigned by the Circuit Court.

Those duties can include:

"The greatest bulk of the work usually consists of conducting judicial sales," Salyer explained.

Many people assume judicial sales only occur when someone loses a home through foreclosure. While that is one reason, there are several circumstances in which the court may order property sold.

When homeowners become seriously delinquent on their mortgage payments and no resolution can be reached, the lender may petition the court to order the property sold. If approved, the proceeds from the sale are applied toward the outstanding mortgage debt.

Salyer noted that banks are generally reluctant to foreclose and often attempt to work with borrowers before pursuing legal action.

Judicial sales are also common when inherited property has numerous owners.

A landowner may pass away leaving property to dozens of heirs, ranging from adult children to young grandchildren. If the heirs cannot agree on what should happen to the property, one or more may ask the court to order it sold so the proceeds can be divided according to each person's legal interest.

Another situation involves delinquent property taxes.

Investors sometimes purchase tax liens by paying delinquent property taxes on behalf of property owners. Those liens earn interest as provided by law. If the debt remains unpaid, the lienholder may eventually ask the court to order the property sold to recover the investment.

Once the Circuit Court orders a judicial sale, the Master Commissioner schedules the sale and advertises it publicly.

Kentucky law requires that properties involved in foreclosure and tax delinquency sales be appraised before the sale. However, appraisals generally are not required when property is being sold solely to divide proceeds among heirs.

After the sale is conducted, the Master Commissioner handles the paperwork and reports the results back to the court.

The duties of a Master Commissioner can vary greatly depending on the size of the county.

In Kentucky's largest counties, such as Jefferson, Fayette, and Campbell, the position is often a full-time job supported by deputy commissioners, clerks, accountants, and other staff. Those offices may conduct hundreds of judicial sales each year and manage millions of dollars in sale proceeds.

Rowan County operates much differently.

Here, the position is part-time, and Salyer personally handles all aspects of the office—from conducting sales to maintaining the books.

Between approximately 2015 and 2020, the Rowan County Master Commissioner's Office often conducted four or five judicial sales each month. Today, Salyer estimates the office averages about one sale per month.

Salyer also shared the Rowan Sales Rules, a guide prepared by his office to help prospective bidders understand the judicial sale process.

The guide explains topics such as:

Individuals interested in participating in a judicial sale may request information about alternative methods of providing surety by contacting the Rowan County Master Commissioner's Office.

Although many residents only encounter the Master Commissioner's Office through published sale notices in the newspaper, the office serves an important role within Kentucky's judicial system.

Whether conducting a foreclosure sale, helping divide inherited property among heirs, managing assets under a court-appointed receivership, or carrying out other assignments from the Circuit Court, the Master Commissioner acts as an extension of the court—implementing judicial orders rather than making the court's decisions.

Understanding that role helps explain why the office quietly plays an important part in ensuring that court orders involving property and other matters are carried out fairly and efficiently.

This article is part of The Morehead Minute's ongoing Know Your Rowan County Government series, which is designed to educate readers about the offices and officials serving Rowan County. Information for this article was independently researched and supplemented by information provided by Rowan County Master Commissioner B.R. "Bud" Salyer, who reviewed the article for factual accuracy regarding the duties and procedures of the office. This article is intended for general informational purposes only and should not be considered legal advice. Individuals with questions about a specific legal matter should consult an attorney.

This Know Your Government Series is brought to you by “The Kentucky Property Tax Lien Playbook: Slow, Steady, and Secure.” Get your copy by clicking on the image!