In the sale of the marital residence in underlying divorce proceedings, a Special Commissioner will be held personally liable under Code § 8.01-105 for failure to comply with his fiduciary duties, in the amount of $79,452.
The Commissioner was to account for encumbrances but failed to quantify the judgment lien of the petitioner in the current action. The Commissioner also volunteered to the court that “everyone was in agreement as to the distribution,” despite not noticing the petitioner of the judicial sale. This error effectively caused the dishonor of the petitioner’s lien. Code § 8.01-105 contemplates imposing liability against a commissioner under such circumstances.