My question is : how to get ARKOMA leasing, LLC to give me a Release...?
I signed a lease hastily, misunderstanding much of it. The land is in Hughes County,OK.
Section 28,Township 06 North, Range 10 East,Gross acres 40, Net acres TBD.
The order of payment says that I will receive a check within 60 business days. I returned it in
April 3, 2017, sixty business days = 6/23/2017. Royalty : 3/16
I am seeking a Release due to nonpayment of bonus , disagreement over # of acres owned( they say 2.83, I know it to be 4.3), inability to communicate with company( no answer to phone calls or extreme rudeness)
I do not want a check from them .I consider them dishonest and fraudulent in their business dealings. I have been unable to identify any regulatory agencies other than the OK Attorney
General( I have filed a complaint). I also contacted an attorney who wanted $750, to start, for a demand letter.I don't know that the royalties will be significant.
Thank you ,any information about the company or how to be released from this lease would be appreciated.
Susan, don't pay that attorney. I can help you . I am doing it for someone right now. A oil company tampered with their lease(whether intentional or not I am not sure). Anyways, I contacted them and at first while reluctant, I sent them all proof and they have agreed to solve this. took me all of 10 minutes worth of phone calls. Feel free to add me as a friend and we can go from there
If you signed an order of payment and were never paid within the specified time-frame, then the lease should be null and void. If they filed it publicly, then that is unethical in my opinion, since you never received any sort of consideration. The reason for orders of payment is so they can get your lease and have 60 days to "flip" it to another company for a profit. They likely never had the money to begin with and would only be able to pay you upon "flipping" it.
No, they have not claimed that they sent payment. There is language in the Lease saying that they need to determine if it legally belongs to me. However, the ownership is not complicated. They have not acknowleged that they missed the 60-day time frame and say the "curative" is not completed.. Does not make sense.
I wrote a letter to the company at the street address I got from a man listed as a Vice President. The letter was returned as unable to deliver. The lease had a P.O. box #
but perhaps I should send it again to the P.O. Box.
One of their landmen told me in Aug. that the ownership had been determined . He told me that they had determined that my ownership was only 2.83. I told him I did not agree with that.
I , too, thought that the lease was null and void as I had not been paid.
In early Oct. I signed a lease with another company and he called to let me know that a Lease had already been filed by Arkoma with me !!
I just learned that Arkoma has assigned most of their Leases to a company called , Canyon Creek, but mine was not assigned.
I'm hoping to find a way to get them to release the lease without going to an attorney.
We would need to see the order of payment contract or anything else that may include a clause regarding curative measures. If their only hold-up is curative, and they included such a clause in the contract, then there may be nothing you can do. If that's the case, then you probably need an attorney to contact them with a demand letter either requesting the lease be released, or to have proof of what curative measures are still being taken. I'm not an attorney, so please do not take this as legal advice.
8 months of curative for such a small interest seems unreasonable to me...I think they are playing games and are still trying to flip your lease, but that's just my gut feeling.
This is a warning lesson for all mineral owners to never hand over an original executed lease without your bonus payment in hand. If a landman tells you that they need 60 days to review titke, then this is because they have not done adequate advance work. Also, dnot hand over the executed lease until you have a letter or email stating the gross and net mineral acres to be leased. If you think that you own more net mineral acres, then the landman can present you with the chain of title and determination. These companies play hard ball, no matter how charming the landman may seem. His job is to get your signature on the lease and then he moves on to the next job.