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DLT List LLC v. M7VEN Supportive Hous. Dev. Group

The trial court properly awarded excess tax-sale funds to the appellee in an equitable interpleader action, because the appellee was the only interest-holder able to make a claim on the funds at the time of the sale.

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The instant case arises from an equitable interpleader action filed following the tax sale of certain real property in Carroll County, Georgia, by Vickie Bearden, in her capacity as Tax Commissioner of the County, in order to disburse excess tax-sale funds totaling $105,188.91. The trial court awarded the excess funds to M7VEN SUPPORTIVE HOUSING DEVELOPMENT GROUP M7, finding that M7 was the only interest holder able to make a claim on the funds at the time of the sale. Design Acquisition, LLC Design, and DLT List, LLC, now appeal,1 arguing that the trial court erred by 1 failing to provide them with notice and a hearing; 2 awarding M7 the excess funds; and 3 determining that Bearden was not authorized to file an interpleader action. For the reasons that follow, we affirm.

The record shows that on June 3, 2014, based on M7′s failure to pay certain taxes on two properties, Bearden conducted tax sales of the properties, which DLT List purchased for $55,000 per property. On June 6, 2014, Bearden notified M7, Farooq Ijaz Cheema, Ameris Bank, DLT List, and Marshall Jones of excess funds. On July 14, 2014, M7 filed with Bearden a certificate of authorization to receive the excess funds, including August 18, 2014 certificates of title listing DLT List as owner of the properties subject to M7′s right of redemption. None of the other parties made a claim to the funds. On July 28, 2015, DLT List filed its tax deeds for each property in the property records of Carroll County.

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