West Virginia Partial Release of Mortgage / Deed of Trust on A Mineral / Royalty Interest Sold by Grantor
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How to fill out Partial Release Of Mortgage / Deed Of Trust On A Mineral / Royalty Interest Sold By Grantor?
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FAQ
In the State of WV, minerals are considered property and therefore fall under the Ad Valorem Property Tax.
Whether mineral rights transfer with the property depends on the estate type. If it's a severed estate, surface rights and mineral rights are separate and do not transfer together. However, if it's a unified estate, the land and the mineral rights can be conveyed with the property.
In most states, the borrower actually transfers legal title to the trustee, who holds the property in trust for the use and benefit of the borrower. In other states, the trustee merely holds a lien on the property.
A West Virginia deed of trust transfers a borrower's real estate to a trustee to secure their financial obligation to a lender. The borrower is returned their property title upon repaying their debt to the lender.
There are three parties involved in a deed of trust: Trustor: This is the borrower. Trustee: This is the third party who will hold the legal title to the real property. Beneficiary: This is the lender.
Minerals include gold, silver, coal, oil, and gas. If you want to transfer the rights to these minerals to another party, you can do so in a variety of ways: by deed, will, or lease. Before you transfer mineral rights, you should confirm that you own the rights that you seek to transfer.
Transfer By Will It is also possible to transfer or pass down mineral rights by will. The right to minerals transfers at the time of death to the individuals named as beneficiaries. If no specific beneficiaries to the mineral rights are designated, ownership passes to the property and real estate heir.
After confirming your legal ownership with an attorney at law, you need to draw up a deed of transfer form in your name and register it with the county records office as the mineral owner. The land transaction, leasing transaction, and royalty compliance go through the county office.
