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Mineral Rights - Complicated title

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TiffanyK

Junior Member
What is the name of your state? Oklahoma

2 issues:
First -
In 1991 a sherrif's deed was issued on a property as the owner then had defaulted on a loan against the property. The sherrif's deed was issued to the lendor and it was then auctioned off. A corporation bought it and then sold it to me 2 years later. I purchased this property in Jan. 2002.

As I understand it, any mineral rights owned at the time the property was levied by any of the defendant's named in the sherrif's deed lost both the surface and mineral estate. I also understand that my purchase contract and my warranty deed on the property do NOT exclude minerals, nor does it include any "Surface Only" wording.

I believe that this would mean that I legally own the mineral rights with the surface estate... if not for issue 2, as follows.

The lendor that the sherrif's deed was issued to has a standard purchase contract and deed they issue, which does include the wording "Surface only" and clearly states they are only conveying the surface estate and reserving any mineral interest. I've contacted them and they do not claim any mineral interest on the legal description of this property at all.

The people named as defendants in the sherrif's deed continue to lease and convey the mineral's they owned at the time the estate/property was levied.

Is there any legal way for me to claim the mineral's owned by the defendants named in the sherrif's deed at the time the property was levied? Any insight on this would be appreciated.

Thank you!
Tiffany
 


BelizeBreeze

Senior Member
It is perfectly understandable if two deeds were issued, one for surface property rights and another for mineral rights. It's done all the time. I would suggest you do a title search and confirm that the previous owners have title to mineral rights duly recorded.

From the sound of things, I would guess they have retained those rights and you have no claim to them.
 

TiffanyK

Junior Member
The previous owners did own minerals at the time the judgement was brought against them. There were 6 people named in the sherrif's deed. 2 of them (husband & wife) owned both surface and mineral interests. The other 4 only owned mineral interests. I know all of this from my reaearch at the courthouse where the deeds are recorded.

1 year after the judgment and sherrif's deed, the couple that owned both surface and minerals quitclaim deeded their mineral interest to one of the other people also named on the sherrif's deed.

So, yes, the estate was severed and there were and are separate mineral deeds. It was my understanding, however that the judgement was recovered by foreclosing on all interest in the property owned by each person named; otherwise the sherrif's deed would have included specific "Surface Only" wording or "excluding mineral interests". ???

Tiffany
 

BelizeBreeze

Senior Member
Then you need to find a real estate attorney locally to sift through the papertrail and see if there were mistakes made during the sale. If the mortgage company who filed suit was satisfied regarding the property returned (surface only) then there's not much you can do about it.

You need a transcript of the trial or motions filed by the mortgage company to even begin understanding what happened, as well as the summons issued.

And although you sound as if you understand some aspects of these issues, there is no way to know for sure without a complete title search and court document analysis.
 

TiffanyK

Junior Member
Thanks so much for the replies. I do understand some aspects, but I also felt pretty sure I needed some advice on where to look next before taking this to an attorney at all.

You need a transcript of the trial or motions filed by the mortgage company to even begin understanding what happened, as well as the summons issued
That helps me a lot. I wasn't sure where I needed to look next to get more details.

Thanks again!
Tiffany
 

BelizeBreeze

Senior Member
TiffanyK said:
Thanks so much for the replies. I do understand some aspects, but I also felt pretty sure I needed some advice on where to look next before taking this to an attorney at all.



That helps me a lot. I wasn't sure where I needed to look next to get more details.

Thanks again!
Tiffany
Belive me, this is such a quagmire that any help I gave you was completely accidental... :D
 

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