In Texas, if I buy mineral rights from a homeowner who has an existing mortgage then he defaults do I lose?

In Texas, if I buy mineral rights from a homeowner who has an existing mortgage then he defaults on his mortgage and loses his property in foreclosure, do I also lose my mineral rights? Can I redeem my mineral rights? What are my options in this kind of situation?In Texas, if I buy mineral rights from a homeowner who has an existing mortgage then he defaults do I lose?
Generally if he has a mortgage in place, and THEN conveys the mineral rights, without having the lender join in, and the property is foreclosed, you are IMHO out of luck. The mineral rights would be subject to the mortgage.





The lender should have conveyed his interest just as he should release interest in an outsale of a few acres.In Texas, if I buy mineral rights from a homeowner who has an existing mortgage then he defaults do I lose?
I would do some Googling and other research on this if I were you, because I've always been told that mineral rights and surface rights are two separate things. If a person had a mortgage out on a bunch of land, and sold you a few acres of it, he would first have to survey the land separately from the land he intends to keep and work through the lender to sell you that parcel so that he can either give you a title to it, or (if you took out a loan to buy it) allow your lender to place a lien on it. Mineral rights are not surface rights and are usually sold as completely separate real estate. If the home owner sold you the mineral rights, you should have gotten some sort of title, deed, certificate---I don't know what, but you should have gotten something that showed you bought it. It wouldn't matter then what happens on the surface because you have paid for the mineral rights way below. In fact, most people who own pieces of property (like myself) don't even know who owns the mineral rights because it has nothing to do with the surface property. It could be sold 50 times to different owners and you'd never know it. The way it was explained to me was that buying a home with mineral rights would be like buying a house along with the car that's parked in the garage. You might buy them at the same time, but they are completely unrelated and each have their own title. You could sell the car, and provide the buyer with the title....then that same car could sell 50 more times and it would have no effect on your house. If you had some sort of arrangement with the owner of the mineral rights where you were making the payments directly to him, I might question whether or not he even owned the rights in the first place. Find out if his home mortgage loan included a loan for the mineral rights, or if owned them outright. Again, this is all either my opinion or what I've been told in the past so, if I were in that predicament and could possibly lose my mineral rights, I believe I'd be contacting me a real estate lawyer, pronto.