DEMAND LETTER CONCERNS
I have a very unique situation. I won a court case against some very unsavory individuals who submitted a F.A.K.E. W.I.L.L. to a well known O&G Company. This "will" was supposedly found after 18 years from the deceased death. (Even the wise Judge mentioned during the trial that He found this to be quite unbelievable). The O&G Company entered into a Lease Agreement and began to do business with them. I have a copy of this Lease Agreement which was entered into in 2010.
I was told that the validity of this Lease Agreement can be challenged. By the way, I did not enter into a Lease Agreement with them because they were caught in several lies regarding this matter. I spoke with several of this Company's employees who tried to convince me to accept the Agreement, but, I wouldn't budge. I even have several email correspondance messages that can prove how dishonest they were. They knew that these folk did not have any claims to this land and told me so themselves. That's why they initially, for over one (1) year searched for me. All of this information can be easily proven, but, I will save it in case this matter goes to court.
Who do I contact at this O&G Company of this issue of them dealing with my portion of a well that has posted production on SONRIS since February, 2012? (Not all of their postings have been correct, but, again, I will deal with that soon enough.
My current attorney, who is aware of these concerns, is extremely busy and cannot answer my questions/concerns. However, he did send them a letter notifying them that the "will" was tossed out of court. He also sent them a Demand Letter in approximately June, 2012 telling them to contact him regarding this issue. My attorney told me that the O&G Company did respond in time. He also told me that He needs time to review their response before he goes over it with me.
I keep hearing alot about HBP. Who/what are they? Would they be able to give me any assistance?
Any information and advice would be extremely helpful!.
Thanks in advance.
Views: 1074
Replies to This Discussion
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Permalink Reply by Spring Branch,mineral owner on -
HBP simply means Held By Production.
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Permalink Reply by HBP on -
I'm not sure if the HBP reference was to me, but regardless, I read your post and found it interesting. False title cases always have some good facts (You may have seen the recent one in Caddo where an indiv and a notary conspired to donate a deceased woman's property many years after the fact).
It sounds like you just need to clear up the title of record and then clear up the same with the operator of your well (it sounds like you are unleased?). I don't know your title so I cannot say what the effect of the invalid will would have, but assuming it is beneficial from your post. The company needs to revise their title opinion and pay spreadsheets to accurately reflect the ownership in light of the judgment's effect.
All that being said, any production, revenue and unleased issues should then be addressed once title is cured and they recognize you as an interest in the unit. Also, litigation may be necessary if the response to the demand was insufficient.
I am an attorney, so I of course defer to your attorney's work on the matter and I am sure they are handling it. But if I can be of assistance or answer general questions, feel free to message me on GHS.
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Permalink Reply by LN on
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Yes, I am unleased. Even though this Company was trying to pressure me into signing, I didn't know anything about the wording of the Agreement and therefore, wouldn't sign. They even started call my Husband to try to get him to convince me to sign. We've got the phone records to prove it!
I truly thank you for for valuable information.
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^^^Please excuse my grammatical errors. It should read:
They even started calling my Husband. Also,
thank you for valuable information.
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Permalink Reply by Greedy Landowner on
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It sounds to me like your needs would best be addressed by contacting their legal department. I know everything is supposed to happen via attorneys and certified mail and all of that drama but you would be surprised what can be accomplished by talking to someone high enough up the totem pole to have the actual authority to make it right with you.
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Permalink Reply by Greedy Landowner on
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Thanks! There are some considerations to be given to your options once you are acknowledged by the operator as the mineral owner. The decision that you make on leasing or not will end up being highly individualized. What is right for me to do might be the exact opposite of what is right for you in the same situation. The size of the tract, your age, the cost of the well, current production, current prices and lease bonus all need to be considered. There are benefits to remaining unleased, but there are also risks. I would encourage you to educate yourself before making a decision. There are many folks on this board who have valuable information available. Do your research and hopefully you will make a decision that you won't regret.
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Permalink Reply by GoshDarn on
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LN:
Sounds as though the mystery is finally solved, in that you finally are in contact with Mr. HBP (i.e., sharing posts with a GHS member who has some solid credentials in the O&G biz).
Note: It's possible that HBP is being a bit modest, methinks. His resume is impressive.
GD
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Permalink Reply by robert minton on
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For heavens sake, be well informed about the pros and cons of being a working-owner vs. a royalty owner, BEFORE, repeat,BEFORE, you make that decision! He who acts in haste, repents in liesure! Go see HBP! And I am a Texas attorney.
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Permalink Reply by Andrew on
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I agree with Mr. Minton, be very careful about how you proceed. I would absolutely not contact the company or have any communications other than through your attorney. A qualified attorney needs to handle this matter, as it is likely very delicate. If you are dissatisfied with the pace at which things are progressing that should be a conversation with your own attorney. But in matters such as these, it often pays to be deliberate in how you address the matter, which is why an attorney is best equipped to handle the situation. It is much easier for a lawyer to weigh your options beforehand than for him to try to undo something you didn't even know you did.
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Permalink Reply by Greedy Landowner on
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Trusting a lawyer is a good idea....certainly. That always works out well.
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