Lein on property

CKH HAS A LEIN ON MY PROPERTY FOR 500 MILLION THEY SAY ITS AGAINST GAS OIL RIGHTS BUT THE WHEN YOU DO TITLE SEARH COMES UP WITH LEIN OM YOUR PROPERTY TRYED REFINACE AN NO BANK WILL TOUCH ME BECAUSE OF THIS AN YES I BEEN ON PHONE WITH THEM AN THEY SAY ITS COMMON FOR THE TO DO THJIS BUT ITS AGAINST GAS OIL RIGHT I FAX THEM THE LETTER I HAVE THEY SAID THEY WOULD LOOK INTO IT I AM IN BEAVER COUNTO OHIOVILLE BOR 15059- 724 643- 1803  WIL THIS ATTACHED TO MY HOME I CAN NOT DO ANYTHING SELL OR REFINACE  THE 500 MILLION IS CREDITLINE ALSO SO EVRYONE SHOULD DO TITLE SEARCH I HAVE FREIND IN FREEDOM PA SAME THING ON HIS LAND

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Permalink Reply by JPN on November 21, 2013 at 11:00am

It might or might not help to file in your county any paperwork you have that says there is no lien (if that is the case) and also include a notarized affidavit from your attorney or other expert that says there is no actual lien. (if I understand what you've said correctly).  Then at least, you might have a chance to take it to the banks or realestate folks as proof it does not exist.

 

Otherwise you will have to hire an attorney to begin legal action to resolve it, which costs money as you know.

 

Good luck.

Permalink Reply by Trapper on November 26, 2013 at 11:01pm
Garry can you answer searcher ones questions?
Permalink Reply by Garry L Miller on November 26, 2013 at 11:41pm

I have 11.97 acres  brick ranch barn all fenced in i owe 64,000 on my home  witch will be paid for in 7 years is what i have left to pay on it ... they did evrey one look at the webite some one posted it shows every one who has tis lein against them . CKH says its against the lease but you look at papers i posted says on the land its going public in the paper .. my property is split in three lots also .77 barn sits on house sits on 1.04 an rest is pasture 10.somthing  behind the house hope this is what u wanted an no other leins on my property just paind one off 3 months ago

Permalink Reply by Andrew on November 20, 2013 at 10:31am
Garry,

I'd also be interested to see this $500 million lien. There is no reason why CHK's mortgage should affect your property. The same goes for materialman's liens. If you're not the debtor, they can't place a lien on your property for someone else's debt unless you agree to it. Of course, CHK can mortgage it's interest in the lease you granted them (seemingly with many others, which is what CHK was apparently trying to do here).

The fact that your property is leased for oil and gas development may certainly be relevant to a potential lender (although I would argue that in a good area it would only make you more creditworthy, since you might have some mailbox money to go toward loan payments). However, the fact that your lessee's debts are secured by a lien on the lease you gave them (which is their property, not yours) is totally irrelevant. If a bank would accept the leased property as security at all, the CHK lien should make no difference whatsoever. A bank may point to the lien as an excuse not to loan you money, but that excuse alone would not be financially or legally legitimate.

All of that being said, you indicated that the problem might be that there is something indicating to potential lenders that CHK's lien IS against your property, and not just the lease. If that is case, then CHK is wrongfully clouding your property's title, and they would be required to remove the cloud upon at your request by amending or correcting whatever it is that says their lien is attached to your land. If they fail to fix the problem in a timely manner, they may become liable to you for damages you incur as a result or their delay.
Permalink Reply by Garry L Miller on November 20, 2013 at 12:40pm

haveing hard time posting the pic

Attachments:
Permalink Reply by Garry L Miller on November 20, 2013 at 6:49pm

They can put well on my property

Permalink Reply by Charles Randolph on November 22, 2013 at 8:32am

There is a tenet of the law stating that "Silence is Waiver". If CHK or Deutsche Bank has made some public indication that they have liens against the landowners' surface rights, then silence on the part of the landowner might be construed by the courts as acquiescence to that position as time goes by. I should think all landowners with CHK leases would want to promptly make their particular positions publicly known at their courthouses on this issue.

Permalink Reply by craig on November 20, 2013 at 3:20pm

Garry, you are mistaken in that CHK does not have a $500 million lien on YOUR property..... You are just a small part of that lien like the rest of us. I believe you haven't talked to the right bank yet. If all banks were saying this there would be very little financing in the whole county as most land is leased and from what i see ALL of the land leased by CHK is included in the $500 million.... homes are being sold everyday in the county. If you look along the left side of your document online at the county site you will see all the names included.

PS, using CAPS is the same as yelling. Yelling is hard on the ears, ALL CAPS is hard on the eyes!

I recently talked to ESB bank about this exact thing and they told me they would have no problem. Things do change though. 

Permalink Reply by Jessica Brown on November 20, 2013 at 3:24pm

I'm kind of surprised that someone at ESB told you that since they won't even touch a property with a lease on it.  It's one of the first things that are asked when a customer applies for mortgage.

Permalink Reply by craig on November 20, 2013 at 3:59pm

well then, things have changed in the last few months. So how do you account for the houses being sold nowadays... there has to be mortgages being made somewhere.

I'm not a lawyer by any means but reading the actual mortgage on our properties i understand it to spell out exactly what is mortgaged, and it isn't the land it is the gas/oil/NGL's that is produced from your unit. Now maybe some banks are using this as an excuse to not do business with some folks, but for other reasons? I will ask at two local banks in the near future to clarify this in my mind.

Permalink Reply by Jessica Brown on November 21, 2013 at 12:56pm

I know there are banks that will handle the mortgages, but they are becoming less and less.  As far as houses being sold, there are houses in Lawrence County that have been sitting empty and for sale for well over a year now.  These are nice houses in nice locations, but they seem to have one thing in common, which is a gas lease. 

One of the biggest things to keep in mind with all of this is that CHK has had some horribly shady dealings-many of which took place between them and their "subsidiaries", just as Cabot and many others have.  The only thing I can say is to periodically check records because that is the only way to protect yourself and your property.

Permalink Reply by Garry L Miller on November 20, 2013 at 6:45pm

didnot go to esb went to credit unions i be long t

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