Effect of drilling and other fossil fuel activities on insurance and mortgages

www.fleased.org

fleasedny@gmail.com

       •

607-539-7133

       P.O. Box 27, Slaterville Springs, NY 14881
      Hi everyone,
      We’d like to share with you some updates about how a gas lease may be affecting homeowners insurance and loan and mortgage requests.
      Updates About Insurance
      Fleased has recently learned that individuals in Madison County, NY could not get homeowner’s insurance due to the presence of a traditional vertical gas well on their property. As insurance companies learn more about the effects of gas drilling, multiple underwriters are not covering homes or properties with wells or gas leases A large insurance company we spoke with that covers an area from the Southern Tier north to Watertown said they have NO insurance underwriter who will write a homeowner’s policy for any property that has an existing well or even a gas lease.
      Mortgage lenders require homeowner’s insurance so the inability to obtain such insurance would make it impossible to get a loan.
      Remember, that even if you have homeowner’s insurance, this type of insurance does not cover (and never has covered) potential damages related to gas drilling. Read more at:

http://www.scribd.com/doc/166771976/Insurers-Fracking-related-damages-not-covered-by-standard-policies

      It would be wise not to let your current homeowner’s insurance lapse, but to renew if possible and be sure to check the fine print on your homeowners insurance if you’ve got a gas lease.
      Landowner Denied Loan in Pennsylvania for Well Across the Street
      Insurance is not the only issue lessors are noticing. Banks are beginning to question landowners about fracked wells and impoundment lakes on (and even near) properties when owners seek to obtain a mortgage or home equity loan. A property owner in Pennsylvania was recently denied a mortgage. In an email, Quicken Loans told the property owners, “Unfortunately, we are unable to move forward with this loan. It is located across the street from a gas drilling site.” Two other national lenders also declined to make the loan.
      Learn more at:

http://grist.org/climate-energy/fracking-boom-could-lead-to-housing-bust/

      Sovereign Bank’s New Mortgage Provision
      As more is learned about high volume hydraulic fracturing, banks and federal agencies are revisiting their lending policies to protect themselves and account for potential impacts on property values. Sovereign Bank, a major national lender, has added a rider to their mortgages that states that “the mortgage will be automatically recalled if the property owner transfers any oil or gas rights or allows any surface drilling activity.” It also says owners must “take affirmative steps to prevent the renewal or expansion” of any current lease.
      Thanks,
        Ren and Ellen

Chesapeake Energy Seeks to Renegotiate Shale Drilling Lease Contracts in Ohio – WSJ.com

Chesapeake Energy Seeks to Renegotiate Shale Drilling Lease Contracts in Ohio – WSJ.com.

N.Y., Chesapeake Energy reach settlement on disputed gas leases | Press & Sun-Bulletin | pressconnects.com

N.Y., Chesapeake Energy reach settlement on disputed gas leases | Press & Sun-Bulletin | pressconnects.com.

Summary of Judgment:

June 14, 2012 CHESAPEAKE/ NYS ATTORNEY GENERAL SETTLEMENT
AGREEMENT: OVERVIEW OF # OF LEASES IMPACTED:
1. BACKGROUND:
a. Document is called “ASSURANCE OF DISCONTINUANCE”
b. Combines AG’s investigation into:
i. Force majeure claims by Chesapeake; and
ii. Lease extension clauses
iii. No admission of wrong doing by Chesapeake.
2. # OF LEASES IMPACTED:
a. 50 LEASES–Chesapeake agrees to release–these had a blank
for the amount necessary to trigger the Automatic Extension;
b. 4,365 LEASES–land owners can negotiate with other gas
companies:
i. If they receive bona fide offers that are better;
ii. Then Chesapeake can decide if they will match the better
terms or release the lease, after the better one
executed;
c. 1,865 LEASES–AG agrees that Chesapeake has extended
properly under the Automatic Extension clause
3. OTHER PROVISIONS:
a. Chesapeake will not use the state environmental review
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process as a reason to extend any leases expiring after Dec. 31,
2013;
b. Chesapeake will pay state $250,000.00 to cover its costs for
this investigation;
c. There is no agreement as to whether Chesapeake’s force
majeure claims, based on state regulatory situation, are valid
or invalid.

Drilling Property Mortgages May Get Closer Look From Agriculture Dept. – NYTimes.com

Drilling Property Mortgages May Get Closer Look From Agriculture Dept. – NYTimes.com.

The BLM struggles to get ahead of oil and gas development in the West — High Country News

The BLM struggles to get ahead of oil and gas development in the West — High Country News.

Drilling leases: Some wary, many welcoming | Democrat and Chronicle | democratandchronicle.com

Drilling leases: Some wary, many welcoming | Democrat and Chronicle | democratandchronicle.com.