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
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