Mortgage Electronic Registration Systems, Inc. v. Victor

OPINION OF THE COURT

Herbert Kramer, J.

The instant application is for a court order fixing a referee’s fee in a foreclosure action. After the referee determined the amount due on a mortgage, a final judgment was entered *328together with an order directing that the property be sold at auction. The sale was scheduled for May 5, 2005. The referee left his office at 1:45 p.m. to be at the sale by 3:00 p.m. When he arrived, he saw that the sale had been cancelled. It was only after he returned to his office that he found a fax indicating that the sale was cancelled because a bankruptcy petition had…