Bexar Texas Partial Release of Mortgage / Deed of Trust on A Mineral / Royalty Interest Sold by Grantor

State:
Multi-State
County:
Bexar
Control #:
US-OG-130
Format:
Word; 
Rich Text
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Description

If an owner of a mineral or royalty interest, whose interest is subject to a mortgage/deed of trust, desires to sell or convey an interest, it is appropriate to obtain a release of that lien as to the interest conveyed. This form addresses that situation.

A Bexar Texas Partial Release of Mortgage or Deed of Trust on a Mineral/Royalty Interest Sold by Granter refers to a legal document that releases a portion of the mortgage or deed of trust on a mineral or royalty interest that has been sold by the granter. This partial release allows the granter to sell a portion of their interest while still retaining a remaining interest in the property. In the context of Bexar County, Texas, there may be different types of partial releases of mortgage or deed of trust on a mineral/royalty interest sold by the granter. Some possible variations include: 1. Partial Release by Percentage: This type of partial release specifies the percentage of the mineral or royalty interest that is being released. It allows the granter to sell a specific percentage of their interest while maintaining ownership of the remaining percentage. 2. Partial Release by Fractional Interest: Similar to the release by percentage, this type of partial release involves selling a specific fractional interest of the mineral or royalty interest. For example, the granter may sell 1/4th of their interest while still retaining 3/4th ownership. 3. Partial Release by Specific Tract: In certain cases, the granter may own multiple tracts of land with different mineral or royalty interests. A partial release by specific tract allows the granter to release the mortgage or deed of trust on a particular tract of land while keeping the interest intact on other tracts they own. 4. Partial Release with Reservations: This type of partial release may include certain reservations or limitations imposed by the granter. For instance, the granter may stipulate that specific conditions need to be met or retain certain rights related to the remaining interest after the partial release. It is important to consult with an experienced attorney or legal professional who specializes in real estate and mineral rights law to ensure that the Bexar Texas Partial Release of Mortgage or Deed of Trust on a Mineral/Royalty Interest Sold by Granter is properly drafted and executed according to all applicable laws and regulations.

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FAQ

Mineral rights are automatically included as a part of the land in a property conveyance, unless and until the ownership gets separated at some point by an owner/seller. An owner can separate the mineral rights from land by: Conveying (selling or otherwise transferring) the land but retaining the mineral rights.

When it comes to mineral rights, the standard admonition has long been consistent and emphatic: Avoid selling them. After all, simply owning mineral rights costs you nothing. There are no liability risks, and in most cases, taxes are assessed only on properties that are actively producing oil or 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.

Mineral rights can be divided by specific mineral commodities. For example, one company can own the mineral rights to coal, while another company owns the oil and gas rights. Consequently, it is important to know which minerals are included in a mineral deed. Some deeds specify that all minerals are included.

Call the county where the minerals are located and ask how to transfer mineral ownership after death. They will probably advise you to submit a copy of the death certificate, probate documents (if any), and a copy of the will (or affidavit of heirship if there is no will).

How to transfer mineral rights in Pennsylvania? A copy of the deed for the site must be obtained from a local courthouse in Pennsylvania by the new owner. Verify that the deed matches the description and that the so-called mineral rights are included in the property deed.

The purpose of a division order is to protect the company paying the royalty (payor) from double liability. If you sign a division order and it turns out that you should have been paid a larger interest than shown on the division order, the company is protected as long as it paid according to the division order.

The Duhig rule essentially states that, if both a grant and a reservation in a warranty deed cannot be given effect, then the reservation fails.

Call the county where the minerals are located and ask how to transfer mineral ownership after death....They will probably require the following: Copy of the Death Certificate. Copy of the recorded will (or Affidavit of Heirship if there was no will) Probate documents. Completed W9 Form with the new owners' information.

More info

Complete the relevant parts of Form 4636 and keep a signed copy in the servicing file for the mortgage loan to document your consideration of the lease. The purpose of the appraisal is to develop an opinion of market value of the fee simple interest in the above 9.994 acres vacant land property. The trustee has legal title to the trust property, and the beneficiary has equitable title.

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Bexar Texas Partial Release of Mortgage / Deed of Trust on A Mineral / Royalty Interest Sold by Grantor