An uncle and I was listed as the only heir to estate.
On Oct 3, 9:37 pm, go-devil <[EMAIL PROTECTED]> wrote:
> 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 -
>
>
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