Opinion No. (1980)

REQUESTED BY: Michael J. Shaughnessy, Howard County Attorney. Where the sheriff pursuant to an order of sale issued by the district court conducts a sale upon a mortgage foreclosure and the sale results in the purchase of the property by the mortgagor for the value of the mortgage, is the sheriff entitled to collect a commission on the sale?

No.

Section 33-117, R.R.S. 1943 in part provides:

". . . commission on all money received and disbursed by him on execution or order of sale, . . . or on sale of real or personal property . . .; Provided, in all cases where no money is received or disbursed…