I’m a Texas oil operator/less than 10 wells,north of Abilene. I purchased a 1bopd lease south of Abilene,no major issues,to get closer to my 10 well bond limit. Another lease became avail. closer to my orig leases. I asked the people that I bought the lease from if they would buy it back. They agreed. I told them as soon as they paid me,I would get notarized at my bank and transfer the lease.They copied documents with my signature,without being notarized and filed at the courthouse,and have never paid me,stole my oil and lease. Can I sue notary and oil company? and also for damages above my orig. purchase price?
This is a complex situation. You need to consult with your attorney for review of all legal documents and the correspondence among the parties.
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I agree,and I was looking for somebody with explicit knowledge for Texas, such as notary not having me sign in front of them= automatic fraud,not paying me = automatic loss for them. Assigning lease at courthouse and recording it without a wet notarized signature= automatic loss etc.To me this is the same thing as those crooks that go around and change a house title into their own name or company, without the real owners knowledge.*Thanks for taking the time to respond.
This forum can only provide general guidance on steps based on information provided. No one can give you explicit legal advice without a thorough review of all the documents and correspondence. The other side may have legal defense to the allegations. Your oil and gas contracts attorney can help you with sending a demand letter and/or filing a lawsuit.
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How long ago did this happen? Is the purchasing company still in the window of running title/closing period? Not sure how you could sue the notary or why youd even want to go down that avenue? A notary is only required to view and aknowledge the person signing, majority of leases and assignments have different notaries for each party. You can certainly sue the company that didnt pay and should do so, if everything youve said is a true representation of what happened.
I appreciate you spending the time to read and analyze my situation, I understand what you are saying,without being in the legal profession, I was hoping somebody would point out one of the aspects as being black and white,not a gray area, and a slam dunk vindication of being cheated/stolen from.Bottom line they have title to my lease and a tank full of oil and I haven’t received a dime.
Hi Bob, approx.7 months ago. All notaries have to have a bond under an errors and omissions policy,min.$10k in texas, many have a much higher amount, for the reason that just happened.It’s the law that you have to be physically present and sign in front of the notary,with a proven,valid,official document that identifies who you are, Because of their notary authorization, the lease was transferred, and I’m out many thousands of dollars. They notarized a COPY of my signature, I was not present for the signing of the form they took to the courthouse to have registered, They never viewed or acknowledged me because I was not physically present, or even aware that they would assign my lease without 1st paying me for it. * Thanks for the response, it’s frustrating to deal with people who are not honorable,forcing you to seek remedy via the legal system
You said above, that you were to sign and notarize your portion at your bank, were the assignors to meet you there and do the same? Ive seen it 1000 times where 2 parties dont live close to eachother and each have different notaries. Not sure why youre hung up on the notary part as that battle will never be won and not focusing on the main issue, the person you sold it to not paying you. Something doesnt seem to be adding up here when you add in the fact youve done a transaction with them previously?