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Permalink Reply by Rachel A. Hassell on November 13, 2008 at 4:05

Have not seen any of them recorded at this time.

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Permalink Reply by The_Baron on November 13, 2008 at 5:43

Keep an eye out. Until the drafts are paid or the signature pages are returned, they could record at any time. Once recorded, they would need an official release or they would cloud the mineral title, paid or not.

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Permalink Reply by Rachel A. Hassell on November 13, 2008 at 5:49

you are right about that! Had a situation with chk when the dogwood south homeowners were doing our leases several months ago. We signed for 1.25 acres and on the lease it says..."whether more or less--this is what you are getting paid on"...low and behold...check was short when it got here. They got back, changed the amount of acreage, attached a different page to our signature page, and we threw a fit!! If i changed pages in my world...that would be my career down the drain!! No biggie, it was fixed, they cut the difference and we went on our marry way. Couple of weeks later, i decided to look at it (since im in the mtg business, i keep logins to all of the clerk records and can pull them up in a second and view online) one day..just decided to go in and look at the filing...and low and behold...BOTH leases were filed. Still have not been able to successfully get the other one cancelled. still a workin on that.

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Permalink Reply by The_Baron on November 13, 2008 at 5:58

Good luck.

Did they say why they changed the acreage. Did something come up in the title? They may have filed the other lease as a protection lease.

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Permalink Reply by Rachel A. Hassell on November 13, 2008 at 6:20

it was actually to where i have a very weird lot--i knew that...im in the business. So i took a copy of the plat map down there...knew how many sq ft were in an acre---and literally had to walk these folks thru how to calculate it. So when we signed on 1.25...thats what it was signed off on. (whether more or less per lease) what happens is they go back to the office, run the plat and the computer calculates the exact. Ended up being 1.12...however...more or less is what is stated on the lease. To have it changed after the fact with that page being inserted...just bad business to me. So that was the lease that was first filed. When the check amount was corrected--we resigned--they couldnt' find it, couldn't find the original check, all of that had been lost. When all the neighbors were getting their checks and we didnt' get ours, thats when we called in and were given the amount of the check that was the wrong amount. So this "lost" check and lease---was what prompted for them to have us sign another. Low and behold...2 checks never came--but both of the leases were filed just days apart. Always scary for the back page to be the signature/acknowledment page, and all other pages have no places for signatures or initials. THat was my beef....you switched out a page and attached the signature page to that. Not right.....shady if you ask me! so it legitimately is a double lease filing, and have been working dilligently to get the 1.12 cancelled. It just blew my mind that another page would be added and the original taken out. It was funny to see them even try to calculate the acreage!! I just knew going into this...i needed to double check everything myself! so yea...maybe we were credited a tad bit too much---but the lease verbage was "for more or less, this is what is being paid on". Its just been a "process" trying to get this other one cancelled, and still after many weeks of keeping on them, still nothing has been done.

Permalink Reply by The_Baron on November 13, 2008 at 6:31

Rachel,

This is the reason that when I prepare a lease, I typically have an Exhibit A. I leave my standard lease form the same, but make any changes offered to or requested by my l/o (pugh clause, change in royalty, surface restrictions, etc.) My lease states in the space for the property description to "See exhibit 'A' For property description and additional term". I Then have my lessor sign the standard lease form AND Each page of the exhibit (I don't have the exhibit witnessed and notorized though). My exhibit will say at the bottom page 1 of 2 etc.. I find that this relieves any anxiety that my lessor may have about terms being changed after the fact, and protects my client from a future lawsuit (the I didn't sign that b.s.).

I find it disturbing that you were not even required to initial the extra pages.

Permalink Reply by RJ on November 13, 2008 at 6:01

NEWS!!! It appears JPD IS paying the folks with completed paperwork in and Drafts due.Checks should be mailed out today for those with drafts due today and ALL their paperwork done.So if your in the group of people with Drafts due and ALL your paperwork is done . IT appears now you will get your money. THis is for the Greenwood Group.

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Permalink Reply by groovy grove on November 13, 2008 at 8:07

if these folks are getting paid why is it that people who have leased with jw porter and associates have not gotten paid. there money was due on the 17th and the 23rd of october. any info about what might be going on there?

Permalink Reply by Grice on November 13, 2008 at 9:40

maejuice, have you contacted Porter & Associates for an answer? They have their contact information provided on their website....

http://www.jwporter.net

Permalink Reply by groovy grove on November 13, 2008 at 9:12

yes

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Permalink Reply by The_Baron on November 13, 2008 at 9:15

Maejuice,

Did they give any reson for not paying? Where there any clouds on the title?

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Permalink Reply by groovy grove on November 13, 2008 at 9:38

no one from chk will call them back and let them know anything. they are strickly waiting on chk. i believe they should have some info as to what is going on. is everyone going to get paid or not. they have no answers and that is just that as far as they are concerned. what do we do now?

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