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

State:
Multi-State
Control #:
US-OG-130
Format:
Word; 
Rich Text
Instant download

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.

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FAQ

The term ?words of conveyance? refers to a clause that is included in a property's deed. This clause states that the grantor intends to convey title to the land. Words of conveyance may also be referred to as a Granting Clause.

Mineral rights deeds are not the same as royalty deeds. Royalty deeds do not allow for surface access, or for the initiation of the extraction and sale of minerals. A royalty owner will only benefit economically if the mineral owner decides to produce and sell the minerals.

A royalty deed gives its holder the right to receive a percentage of the profits from the sale of the minerals, if and when they are actually produced. This kind of legal document does not convey all of the mineral rights to the holder, only the right to receive royalties.

The customary security instrument utilized in Oklahoma is the Mortgage. Every Deed of Trust on real property, intended as a security instrument, shall be subject to all statutory provisions and laws relating to mortgages.

Yes, it can be beneficial to sell your mineral rights for a fair price, even producing rights. First, sellers must be aware of the different stages of the production process. They must also know the value their minerals and royalties command in every development stage.

A mineral interest is simply a real property interest obtained from the severance or exploitation of minerals ? say natural gas ? from the surface. On the other hand, a royalty interest is the property interest that grants an owner a portion of the production revenue generated.

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