Replies to This Discussion

Permalink Reply by d. blizard on October 8, 2008 at 15:08

It did have this in the lease but they did not redeem it.

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Permalink Reply by d. blizard on October 8, 2008 at 15:14

It was a foreclosure. It was purchased by the loan company and i purchased it from the loan company with all mineral. I can`t find where any were reserved But there was a lease signed by the people who lost the property.

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Permalink Reply by Susie Brown on October 9, 2008 at 16:00

I too have bought some foreclosed properties thinking I was getting minerals. WRONG! I thought by looking back 10 yrs. and not seeing any production everything was fine. WRONG. Mine were held by servitudes created by old old leases on several sections combined..

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Permalink Reply by Bobi Carr ("parker") on October 8, 2008 at 15:52

Jim or Jim,

I haven't looked at much of anything lately in Caddo. How can the sheriff
reserve mineral rights (unless it is adjudicated). I wouldn't think that the
sheriff would have any ownership interest whatsoever.

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Permalink Reply by Bobi Carr ("parker") on October 9, 2008 at 2:40

Jim,
I couldn't understand any LEGAL way that they could attempt it.

Bobi

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Permalink Reply by barneyfife on October 9, 2008 at 2:28

If the property was mortgaged prior to the granting of the lease and the mortgage was not subordinated to the lease, the lease would be cancelled by the sale.

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Permalink Reply by P.G. on October 9, 2008 at 6:09

Sheriff's sales aren't necessarily foreclosures.
Some times property is ordered sold that is being partitioned by licitation.
http://real-estate.lawyers.com/Partition-Action.html

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Permalink Reply by btj on October 9, 2008 at 6:52

In Texas the mineral rights owned by the current owner would pass to the new owner in a Sheriffs sale. It would not cancel the lease, it would also pass to the new owner. The new owner should be entitled to any royalties the prior owner would have owned.

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Permalink Reply by btj on October 9, 2008 at 8:50

I bought land at a Sheriffs sale this week that has production on it, the property was sold for delinquent taxes. This lease would not be affected, would it?

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Permalink Reply by Bobi Carr ("parker") on October 9, 2008 at 12:10

Jim or Jim,

Wouldn't the previous owner of the adjudicated property still be able to redeem the property without losing their mineral rights?

My understanding (apt to be incorrect) is that any property acquired through adjudication or from an owner of tax title would have to have a suit to quiet tax title done in order to have clear title.

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Permalink Reply by Bobi Carr ("parker") on October 9, 2008 at 12:18

Jim,

I believe that the necessity of a suit to quiet tax title has a lot to do with (Mennonite). The owner may not have received proper notice.

Permalink Reply by Bobi Carr ("parker") on October 9, 2008 at 12:21

Jim Krow,

In the past, Caddo has allowed adjudicated property to be redeemed almost indefinitely. I do not know how long they are letting it sit on the rolls as adjudicated before they sell it.

If they are selling it in the 1st year of adjudication, I would not believe that they have "good" title to sell it.

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