How is the relative related? It sounds involved but a lawyer is your first step.
On Oct 3, 7:00 pm, "Rufus O'Malley" <[EMAIL PROTECTED]> wrote: > 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 -- 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 -~----------~----~----~----~------~----~------~--~---
