Florida Special Magistrate for Partition Sales

Court-Appointed Sale Officer Under § 64.061(4), Fla. Stat. – Available Statewide

Stephen K. Hachey has been a Florida Bar member since 2005. He’s also a Florida-licensed real estate broker and an active real estate litigation attorney. He accepts appointments as Special Magistrate under § 64.061(4), Florida Statutes, to make sale of indivisible real property in partition actions throughout the State of Florida.

Here’s how it works. Once a court enters a judgment of partition and determines the property can’t be partitioned in kind without prejudice to the owners, the statute authorizes appointment of a special magistrate to make sale of the property. That sale can happen either at private sale or under § 64.071, Fla. Stat.

In practice, a private sale managed by a Florida-licensed real estate broker almost always produces a higher price than the statutory courthouse sale. That’s what Mr. Hachey is appointed to deliver: engagement of the broker, supervision of the listing, review of the contract, coordination with the closing agent, filing of the Report of Sale with the court, and a recommended disbursement of net proceeds based on the parties’ fractional interests as determined in the partition judgment.

The § 64.061(4) Special Magistrate – Distinguished From a Rule 1.490 Magistrate

The term “special magistrate” appears in two distinct places in Florida procedure. The distinction matters for both judges and counsel evaluating an appointment.

• § 64.061(4), Fla. Stat. is a partition-specific officer appointed after entry of a judgment of partition, when the court has determined the property is indivisible. The role is narrow and operational: to sell the property and report the sale to the court for confirmation. The statute previously used the term “special master” and was amended in 2004 (ch. 2004-11, § 55, Laws of Florida) to substitute “special magistrate.” The function didn’t change. Only the label.
• Florida Rule of Civil Procedure 1.490 is a general civil magistrate appointed by the court to take evidence, hear contested matters, and issue Reports and Recommendations to the trial judge. This is the “usual” magistrate role and it’s not the role addressed on this page.

Mr. Hachey accepts appointments under § 64.061(4), Fla. Stat., and under the parallel sale procedures of the Florida Uniform Partition of Heirs Property Act, §§ 64.201-64.214, Fla. Stat. He does not, on this page, hold himself out as available for general Rule 1.490 magistrate work.

Why Appoint a § 64.061(4) Special Magistrate

Section 64.061(4) gives the court two principal options for selling indivisible partition property: (a) appointment of a special magistrate to conduct a private sale, or (b) sale by the clerk of court under the procedures of § 64.071.

Appointing a special magistrate to conduct a private sale typically delivers several practical advantages:

• Higher net to the parties. A private sale through a licensed broker, marketed through the MLS, regularly produces a substantially higher price than a courthouse sale. This increases the net proceeds available to the cotenants.
• Crowded dockets are relieved. Listing oversight, price-reduction decisions, contract review, and closing coordination get handled by the special magistrate without further hearings.
• Subject-matter fluency. A special magistrate who’s also a Florida-licensed real estate broker brings practical experience to broker selection, pricing strategy, contract review, and closing coordination.
• Predictable cost. The parties typically share the special magistrate’s fee, with reallocation reserved for the final judgment under § 64.081, Fla. Stat.
• UPHPA-compatible. In heirs-property cases governed by the Florida Uniform Partition of Heirs Property Act, §§ 64.201-64.214, Fla. Stat., the open-market sale procedure is conducted by a court-appointed broker with court oversight. The special magistrate role fits that structure well.

Scope of Services as Special Magistrate

Under the order of appointment (per § 64.061(4), Fla. Stat. and, where applicable, the parallel UPHPA sale provisions), Mr. Hachey performs any or all of the following:

• Engagement of a Florida-licensed real estate broker to list and market the Property, on terms approved by the Special Magistrate.
• Approval of listing price, listing terms, marketing strategy, and price reductions that align with prevailing market conditions and the order of appointment.
• Review and approval of offers and the resulting sale contract, including negotiation of inspection, financing, and closing-cost provisions.
• Coordination with the title insurer, closing agent, and lender to ensure timely mortgage payoff, clean title delivery, and accurate seller deliverables.
• Review of the closing statement and verification that closing costs and prorations are properly calculated.
• Filing of a Report of Sale with the court, with the net proceeds of the sale of the property.
• UPHPA open-market sale procedures under §§ 64.201-64.214, Fla. Stat., where the property is determined to be heirs property, including coordination with the court-ordered appraisal and the cotenant buyout election.

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Qualifications

• Florida Bar member since 2005 (Bar No. 15322); active in good standing.
• Florida-licensed real estate broker, providing direct fluency in listing procedures, market valuation, contract review, and closing coordination – the substantive skills central to selling partition property under § 64.061(4).
• Twenty years of focused Florida real estate practice, including active representation of plaintiffs and defendants in partition actions throughout Florida.
• Currently serving as Special Magistrate in Florida partition matters.
• Florida-licensed title insurance underwriter, with working knowledge of title chain analysis, title commitments, and closing procedures relevant to partition sales and heirs-property matters.

Statewide Availability

Mr. Hachey accepts appointments in any Florida circuit.

Status conferences and any required hearings are conducted in person, by Zoom, or by hybrid format at the parties’ or the court’s preference. Travel is available statewide for in-person evidentiary proceedings where required.

Engagement and Fees

Mr. Hachey serves as Special Magistrate on a reasonable hourly basis. The order of appointment specifies scope, fee, retainer (if any), and allocation of fees between the parties. Initial fee allocation is typically equal between the parties, with reallocation possible in the court’s final judgment under § 64.081, Fla. Stat.

How to Appoint

Section 64.061(4), Fla. Stat., authorizes appointment on motion of any party with notice to the others, after the court has entered (or simultaneously enters) a judgment of partition finding the property indivisible. Appointment is straightforward:

1. By stipulation: The parties file a Joint Motion or Stipulation for Appointment of Special Magistrate Under § 64.061(4), Fla. Stat., identifying Mr. Hachey, the scope of authority, and the proposed fee allocation.
    
2. On motion of a party: Either party files a Motion for Appointment of Special Magistrate Under § 64.061(4), Fla. Stat., with notice to the other side as required by the statute.

A sample Consent to Appointment is provided below for the convenience of the bench and bar. Counsel are welcome to adapt it for their case.

To confirm availability before filing, contact Mr. Hachey directly at (813) 549-0096.

Sample Consent to Appointment of Special Magistrate Under § 64.061(4), Fla. Stat.

The following is provided as a starting point for counsel and the court and should be adapted to the specific case and the appointing judge’s preferences. It’s not legal advice and doesn’t establish an attorney-client relationship.

CONSENT TO APPOINTMENT OF SPECIAL MAGISTRATE

COMES NOW, the undersigned, STEPHEN K. HACHEY, and hereby consents to his appointment as Special Magistrate in connection with the above-styled action for Partition of Real Property and related relief. The undersigned affirms he:

1. Is an attorney in good standing and duly licensed to practice law in the State of Florida.
    
2. Has no conflict of interest that would prevent him from serving as Special Magistrate.
    
3. Agrees to serve as Special Magistrate on reasonable fees and costs approved by the Court or agreed to by the parties, payable from the proceeds of the sale of the property.
    

______________________

Stephen K. Hachey, Esq.

Selected Florida Authority

• § 64.061(4), Fla. Stat. – Appointment of special magistrate where property not subject to partition
   
• § 64.071, Fla. Stat. – Sale where nondivisible<
   
• § 64.081, Fla. Stat. – Costs, taxes, and attorneys’ fees in partition
   
• §§ 64.201-64.214, Fla. Stat. – Florida Uniform Partition of Heirs Property Act<
   
• Chapter 2004-11, Laws of Florida, § 55 – amendment substituting “special magistrate” for “special master” in § 64.061

Frequently Asked Questions

What’s the difference between a Special Magistrate under § 64.061(4) and a magistrate under Florida Rule of Civil Procedure 1.490?

They’re different roles that share a label. A Rule 1.490 magistrate is a general civil officer who hears evidentiary matters and issues Reports and Recommendations to the trial court. A § 64.061(4) special magistrate is a partition-specific sale officer appointed after a judgment of partition has determined the property to be indivisible, with the narrower function of selling the property and reporting the sale to the court for confirmation. Mr. Hachey accepts § 64.061(4) appointments and the parallel UPHPA open-market sale appointments. Not general Rule 1.490 magistrate work.

When is a § 64.061(4) special magistrate appointed in the partition timeline?

After the court has entered a judgment of partition (§ 64.051) and determined that the property can’t be partitioned in kind without prejudice to the owners. At that point, on motion of any party with notice to the others, the court may appoint a special magistrate to make sale of the property at private sale or under § 64.071.

Why a private sale through a special magistrate rather than a clerk’s sale under § 64.071?

Both options are available under the statute. A private sale managed by a Florida-licensed real estate broker, marketed through the MLS, typically produces a meaningfully higher price than a courthouse-style sale. That directly increases the net proceeds available to the cotenants.
The trade-off is a longer marketing window. Typically ninety to one hundred eighty days from listing to closing, depending on local market conditions.

Does the Special Magistrate hire the listing broker, or do the parties?

The order of appointment governs.
Mr. Hachey’s standard practice (reflected in the sample order above) is for the Special Magistrate to engage the listing broker on terms approved by the Magistrate. This eliminates the most common pre-listing dispute and ensures the broker reports to a single neutral throughout the listing period.

Will Mr. Hachey accept appointments where he has no prior connection to the parties or counsel?

Yes. As with any neutral appointment, Mr. Hachey conducts a conflicts check before accepting and discloses any potential conflicts to the court and the parties. Mr. Hachey will not engage his own brokerage or any affiliated entity as the listing broker on a matter in which he serves as Special Magistrate.

Does the court still confirm the sale?

Yes. The Special Magistrate files a Report of Sale, the parties have an opportunity to object, and the court enters an order confirming the sale and approving disbursement of net proceeds. The court retains full authority over the final sale and distribution.

Is Mr. Hachey available in counties outside the Tampa Bay area?

Yes. Appointments are accepted statewide, and remote status conferences are routinely conducted by Zoom where the parties and the court agree.

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