I hope you are already in your car and running down I-94 stopping only for gas! I hope you have not waited to tackle this till the last minute ... IF you cannot get there yourself to consult in person with an attorney, hire one IMMEDIATELY tomorrow morning. Once you have one that is going to take the case, immediately fax or scan a copy of the summons to the attorney and let them handle everything. DONT SIGN ANYTHING. DON"T TALK TO ANYONE ABOUT THE CASE EXCEPT your attorney. DO NOT CONTACT ANYONE ELSE involved in the case. Get thee to ND now! RUN! Fast! GOOD LUCK, Rufus
On Oct 3, 8:39 pm, twinsfan <[EMAIL PROTECTED]> wrote: > Thanks for taking the time to respond Jon, very helpful, and I will be > contacting an attorney! Since you are so knowledgeable here are some > more details that I've just found out. My relative purchased the 1/4 > section in 1963 with a Contract for Deed from a now deceased widower > who owned all surface and minerals. In 1967 the widower issued a > Warranty Deed to another party (now the plantiffs) stating, "this deed > is given pursuant to an assignment by (my relative) of all there right > under and by virtue of a certain Contact for Deed between (widower) > and (my relative) to plantiff; and in fullfillment of two separate > Contract for Deeds dated 1963 and recorded in Books 111,etc. NO SUCH > ASSIGNMENT APPEARS OF RECORD. The summons goes on the tell of the the > different transfers of ownerships done by the Mineral Trust of the > plantiff and ends with, "the defendant (myself) may claim an interest > in the minerals in and under the land since there does not appear any > assignment of the Contracts for Deed referenced in paragraph 2 from > (my relative) to plantiff. > > What you do you think my chances are, suppose a judge will have to > rule? Should I go over to the courthouse and get copies of these > Contracts for Deed before I go to an attorney or just let them handle > this. Thanks. > > On Oct 3, 6:42 pm, Jon <[EMAIL PROTECTED]> wrote: > > > > > Do not hesitate to contact an attorney immediately. The original deed > > was probably a "Quit Claim Deed" which would convey whatever interest > > your deceased relative actually owned -- but without any obligation to > > warrant his title should there exist problems, big or small. A "Quiet > > Title Action" has been started to get a judicial determination on the > > title to the land -- if you have been properly served and do not > > respond, the Court can determine you are in default and possibly rule > > against you. Judges will not closely look at the issue(s) if the > > properly served party [or parties] does not respond to protect his > > interest in the land. Supposedly the Judge cannot render judgment in > > favor of the Plaintiff if the Plaintiff does not lso establish proof > > of his superior legal and factual position, but no Judge looks into > > the situation very close when properly served possible owners do not > > respond to the legal pleadings -- failure to answer when served is > > like saying you agree that the Plaintiff's legal and factual positions > > are correct. > > > I am not saying you have any legal claim to the land or minerals > > because a Quit Claim Deed, if properly prepared, executed, and > > delivered for whatever consideration, can act to convey all interest > > in the property to the grantee. > > > Get to a lawyer involved in real property law in the area of your > > disputed land. He can do an investigation faster, and cheaper. He > > also may know the rest of the story involved in this past land > > transaction. > > > Do not fear lawyers -- they will help you protect your interest. > > > On Oct 3, 4:02 pm, twinsfan <[EMAIL PROTECTED]> wrote: > > > > If anyone has had a similiar situation or information that would be > > > useful it would be appreciated. A deceased relative sold a 1/4 of > > > land in oil country back in the late 1980s using a "Quick Deed". Now > > > of course there is a producing oil well on the section close to paying > > > first royalty checks. A lawyer representing the purchasers "Mineral > > > Trust" has served me with a summons to respond within 20 days of a no > > > claim so that they may "quiet the title". This is the first that I > > > was aware of that I may have any claim to any of these minerrals, have > > > never been contacted to lease, etc. Do you think I should retain an > > > attorney to respond or do so on my own, any other ideas? Does a Quick > > > Deed for the sale of land in ND include all minerals even though they > > > aren't listed as part of the deed? Thanks for any help!- Hide quoted > > > text - > > > - Show quoted text -- Hide quoted text - > > - Show quoted text - --~--~---------~--~----~------------~-------~--~----~ You received this message because you are subscribed to the Google Groups "Bakken Shale Discussion" group. To post to this group, send email to [email protected] To unsubscribe from this group, send email to [EMAIL PROTECTED] For more options, visit this group at http://groups.google.com/group/bakken-shale-discussion?hl=en -~----------~----~----~----~------~----~------~--~---
