Do the mineral rights change ownership when a property undergoes foreclosure? Or does the former property owner still own the rights until they are sold?

I would imagine if they are included in the deed of the property being foreclosed upon, then they also go into the foreclosure.

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[This message has been edited by nnichols (edited 3/21/2011 4:53p).]

My Dad conveyed his mineral rights to us kids by Mineral Deed, so I assume that would not be affected by a foreclosure. You might check to see if they were conveyed separate from the deed.

the minerals would go with the foreclosure.

In a foreclosure, it is like the wording in a warranty deed. You only foreclose on whatever rights, title or interest the owner has. If he has deeded away the minerals, he has no right, title or interest in them. Like HT said, if they were conveyed with the deed, then, yeah they would go with the foreclosure.

I am no lawyer, but I have dealt with this recently.