Daniels County, MT - Oil & Gas Discussion archives

It was USPS Express mail, and it did require a signature. Why don’t you call Shale in Scobey and ask them about it. They were very helpful to me.

Yes, me too. I still think it is too good to be true so probably is although it sure is starting to look real since you guys are getting paid… Maybe it will be Merry Christmas to us.

To all that are still waiting and wondering about if and when you will get your money, I have some good news. Today we got our check! It was six months and two days after the very first call from Shale and 26 business days AFTER our 90 day deadline, but they finally came through. One more thIng for those worring about sending in your contract without being paid. Because our bank was totall clueless as to what to do with the bank draft, we sent it back to Shale along with the signed contract trusting Shale to to the right thing, and they did. For me now I plan to have an extra special Holiday season and wish the same to all of you. Oh yeah and hope for a big oil strike on my acreage.

That is good news!! I hope everyone is able to have a Merry Christmas!!

Asking anyone if they have heard about or received a letter by Shale asking for an extension from the 90 business days that there money was due. A member of my family received such a letter but I did not. She were due to receive check about 15th-17th of this month, Mine is due around the 20th of this month. Using no drafts per payment just personal check coming (I think from Texas). And they are making checks out every 2-3wks and do not know how many they are making every 2wks. Was informed they have sent out quite afew letters asking for extensions. Also would like Eastern Mt and R W kenndy input on this. I do not know what to make of this. Vickie have you received such a letter since you are due to receive yours about the same time as me.

Eastern Mt thank-you so much for your input----I talked to the landman you is taking care of my leases as all 5 of us have separate leases including our 3 parcels of land. He said That one parcel the very little one 250.00 DOLLORS WORTH may get out by 15 th of Dec but the other two after the 1st of year or later. So you are saying do not cash that check either. Also my sister also got 10 dollors for each parcel of land for the extension offer and she also has to sign papers on the extension offer. I told her not to sign or cash 30 dollors until I put this on the forum for your all imput. Thanks again for the rapid response.

Patti, not sure if I’m clear on your situation. You have an interest in three separate parcels of land/minerals, is this correct?

Is so, my question is do you have three separate lease agreements on the three tracts, or are the three tracts all included on one lease?

Eastern MT, telling the truth is not bad mouthing. When the lessee does not pay and asks for an extention when they have had plenty of time to do due dilligence title work, it is eactly as Eastern MT described. If it isn’t one of those three, then what can it be ? They are being dishonest and using your leases as unpaid options. If they are sending out $10 binder payments then it’s even worse, DON’T CASH THEM!!! I call them binder payments because if you cash them you are bound as with bands of steel, whether you ever get paid or not for as long as the term of the lease. I have read the case law where they judge said that being as the up front paid up bonus is an advance on royalties and while it is customary to pay a signing bonus, it is not necessary to validate a lease, the bonus can be paid later when there is a producing well, if there ever is a producing well. If you cashed the $10 binder check your chances of prevailing would go from slim to zero in any legal action. I know some people who cashed a $50 binder, never got the bonus, never got a well, and then were only able to lease again after the lease expired, after the leasing in their area had peaked. If the lease of your minerals for whatever number of years for however many acres you have is of any value at all, don’t cash the $10 dollar checks, you could probably call around and find someone who would give you $100 to lease all your acres and then you could afford a nice dinner for two instead of the extra value meal at the burger place for 1. It’s dishonest to use your leases as unpaid options. Tell them to send your leases back and they can start over when they have the money or the title work done, or whatever excuse they use. I wonder if they’re paying one or a couple of partys from one family to keep to keep the others in that group hoping for payment. If they are honest, tell them to send your lease back and try again when they are ready. If they send your lease back, don’t send it again unless you have payment first. What could be more fair than that? You have done everything asked of you and if you still aren’t paid, what more can you do? If they hold your lease without paying you you are being damaged if you receive legitimate offers to lease that would actually pay you. I hope everything works out, but more than that I would be trying to steer things so that they work out rather than just sitting and hoping. I don’t have alot of experience in things working out the best they can without putting in some effort. If things are going to work out anyway, putting in a little effort now probably won’t hurt. If things aren’t going to work out the sooner you get started the better. Get those demand for payment letters out with tracking. It doesn’t mean they can’t still just send you a check, but if they don’t you need to be on record as demanding payment. If they get enough such letters they may straighten up. I could talk people into giving me free or nearly free leases (they would be under the impression that I had to pay them), I just don’t have the stomach for it, but just because I couldn’t stomach doing it, doesn’t mean that someone else won’t do it for a profit. Good luck people.

Sorry I did not make myself clear.

We have 3 separate parcels with a separate lease for each parcel. My siblings and I each have individual leases.( that is how Shale wanted to do it and siblings agreed.) Hope this is a little more clear.

Hold on folks! I’m not an attorney, but I wasn’t born yesterday either.

Do not cash their $10 “good faith” check!!!

They could potentially argue in court that your acceptance of that token payment is adequate to hold your lease.

DO NOT CASH A PARTIAL PAYMENT CHECK.

R W , that is correct.

Has anyone else received a letter that Patti tells us of?

I feel incredibly lucky. All of us received our money last summer. Probably not as much as we might have gotten had I been a bit more savvy…but it wasn’t a bad couple of checks.

Patti, are you telling me that each of you have an interest in each of three different parcels? For example, if there are 3 parcels and there are 3 of you that have an interest in each of the three parcels that would be 9 leases.

Patti, we have recieved no such letter…

My sister n received a check in the amount of $10. When she called she was told that this was just like a good faith payment. She was supposed to get paid this month and they are moving that date out until February.

They said she would be getting a letter.

There are 3 of us sharing on this, two of us got paid, one didn’t. One check was sent direct deposit and one through USPS. I really think everyone will get paid eventually.

I’m not here to bad mouth Shale Exploration, but here are the facts. Shale Exploration asking for extensions to pay indicates serious problems! It may be multiple things, but these are the most likely reasons;

  1. Shale is not able to afford all the leases they’ve taken.

  2. Shale is uncertain if they intend to pay until well results are known.

  3. Apache Corp may be uncertain if they intend to accept Shale’s leases. In which case, Shale doesn’t want to be left holding them.

There may be some innocent reason for their actions which I’ve not listed here. However, my GUESS is it is one of the above. None of these are good for you (an unpaid Lessor).

As I quickly posted a moment ago. Do Not Cash any Partial Payment, Especially One for a Token $10. Doing so may potentially cause you enormous grief later on! Put it in a drawer and accept only full payment.

Patti, if payment in full for that one tract was $250 then feel free to cash that check (they’re honoring the terms of that one lease you’ve signed). Though do not cash it if the $250 is only a portion of the expected bonus for that one lease. Share that advice with your siblings too.

I’d discourage everyone from signing off on their request for delaying payment. Mr. Kennedy is correct. Instead send Shale a registered letter requesting either their full payment per the original agreement, or the return of your signed leases.

Perhaps it will work out in the end. Though Shale’s unwillingness (or inability) to pay as promised is the sign of a failing company. Their “good will” payment is the type of action which would be used by a dishonest, or insolvent, operator. Don’t expose yourself to a potential looming wreck. You struck a deal. Shale agreed to it. They must now honor their agreements. Don’t help them hurt you (if that is their intent).

Ok Patti, you can cash the check for any single lease as long as it doesn’t have any funny wording such as all acres in such and such township or county, or wherever situate. If you have any doubts about wording on the check itself, have someone else check it out.

Forgot to add that it must be payment in full also. I’m sure it’s been said already but cashing a partial payment is a very bad idea.