Mineral Rights post-foreclosure (sale, lease, mortgage)

[angel1taj]

I sold my mineral rights in 2007 and my house was foreclosed on in 2009. Am I still able to collect on the mineral rights prior to foreclosure?

[loves2read]

Your post makes no sense to me

you sold your mineral rights in 2007--how can you collect prior to 2007--
there obviously was no well in operation or you would have gotten any royalties you were entitled to before you sold mineral interests...

[layne228]

OP probably means the minerals were leased in 2007, so the original bonus was paid, but the monthly royalties are ongoing. Unfortunately, if the mortgage came first, and then you leased the minerals, a foreclosure will wipe out your mineral estate. The mortgage lien includes the underlying minerals unless they were already split when the mortgage lien attached to the property.

[jimboburnsy]

If the OP intended to say that she executed an oil & gas lease as opposed to a sale of the minerals, then layne is on the right track.

The OP should still be owed any royalties from the sale of production from a pooled unit that he/she was a participant in prior to the foreclosure, but the royalty share from what I assume is a subdivided lot over a span of time that could not be more than two years is likely to be very small (if that's even what the OP is getting at...)

If the OP is continuing to receive checks and is wondering if he/she can cash them, the answer is NO. If the total amount paid in error is more than, arbitrarily, $5,000 - chances start to increase that someone will come looking to retrieve that money. If it's less than that then it probably isn't going to be worth anyone's time to make an example of you, but that still isn't your money.