Fulton County sheriff seeks court guidance on $20K surplus from tax sale

Jacki Labat, who is married to Sheriff Pat Labat, opens up about her private breast cancer journey. (FOX 5)

Fulton County Sheriff Patrick "Pat" Labat has filed a verified petition for interpleader in Fulton County Superior Court, seeking court guidance on how to distribute more than $20,000 in excess funds generated from a 2024 tax sale of property located in Palmetto, Georgia.

What we know:

The petition stems from a public auction held on Nov. 5, 2024, for the property located at 224 Fayetteville Road in Palmetto. Zinc Properties, LLC purchased the property for $26,000—far exceeding the $5,352.70 owed in taxes, penalties, interest, and costs. The sale resulted in $20,647.30 in surplus funds now held by the sheriff's office.

The property was sold under the names of the estates of Charles B. Hinson, Jr. and Annie K. Hinson, including all known and unknown heirs. According to the filing, no probate estates have been located in Fulton County for either individual. Annie K. Hinson is believed to have died in April 2010, and Charles B. Hinson, Jr. in April 2014. The sheriff identified three individuals—Alma McCants, Dorothy Felder, and Ada Jackson—as potential heirs based on Mr. Hinson’s obituary, though their current whereabouts remain unknown.

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In addition to the heirs, several other parties may hold potential claims to the excess funds, including:

  • The City of Palmetto, for possible delinquent municipal taxes;
  • The Fulton County Tax Commissioner, for unpaid county property taxes;
  • Investa Services, LLC, servicer for Christiana Trust, which is listed as assignee for multiple tax liens tied to the property.

The sheriff's petition asks the court to determine who is lawfully entitled to receive the excess funds and requests permission to deposit the money into the court registry while the matter is resolved. The filing also seeks authorization to notify any unknown claimants by publication, as required under Georgia law.

The other side:

A spokesperson for Fulton County government said the county does not comment on pending litigation.

The Source: This article is based on a lawsuit filed in the Fulton County Superior Court.

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