Baja Real Estate advise

More like Shinaloa-law?

Thanks for the four bullet points for doing the title aspect of the transaction, it is very helpful to cull down to a couple of simple points, easily understood..

Agree also in the identification and disclosure of those properties and/or areas which have "imperfect titles" ..

The development of simple steps to accomplish the goal of purchasing property in Baja (with reduced risk) would be of benefit to all.. both for the Mexican people, and the foreigner purchasing "property" in Baja...

Looked at a lot of real estate while down in one year... found some that we liked, but... when it came down to where the rubber met the road... I found "non performance" in suppling documents by seller's to be my stopping point...

Either you have clear title, or your don't..... and if someone "owns" a asset which is real estate, but doesn't have a valid "plot" map .. or clear title to the asset .. or can't not supply.... Take a hike... be they lawyer, priest, or mayor of the town... money talks and BS walks....

Coulda, woulda, shoulda..... the title comes before all the rest... ya can't sell what ya don't own by Mexican Law... legally ... I might be wrong, but I don't think so.... that is seems to be one thing that works on both sides of the border... legal ownership of a property, supported by a clear title to the site.

And if ya don't think title is important.... ask all those lenders NOB ... trying to clean up the mess they have with all those transactions in their portfolios which are unsupported by title...

[Edited on 4-1-2011 by wessongroup]

Quote:

Originally posted by jenny.navarrette Quote: Originally posted by JESSE What???? theres plenty of middle, upper middle, and wealthy Mexican neighborhoods in Baja. And no, we usually don't have loud music until the wee hours, or lose everything that isn't tied down. Oh, were your cats tied down? Why don't you save lookingandnotbuying a lot of time and just tell him where the middle and upper middle class Baja neighborhoods are where you don't have to listen to loud music all night? Be sure to list only those neighborhoods where the real estate titles are secure. Gonna be a very short list.

Here, I provide a map, showing all the old titles that were issued against the 1863 law while several of them were affected by the May 7, 1916 presidential decree
From those titles only the Rancho Tijuana tha is covered by Tijuana city is completely out of the woods.

Any other place should be checked to see if it has a National Land title as first documentnt in the Title chain

If someone need this in a more detailed profesional way, I can provide the same in an AutoCad drawing, exact to the mm



[Edited on 4-4-2011 by ramuma53]

[Edited on 4-13-2011 by ramuma53]

WHOSE POST SCORE COULD THIS BE?

Keep up the good work Rafael!

QUESTIONS for ramuma53

I have been receiving a lot of questions, concerning La Puerta del Mar, in Rosarito, actually in Km. 54-55 Tijuana to Ensenada old road.

That land belong to Rosendo Vicotrio Victorio, the Venustiano Carranza town leader, he bought that land from the National Land office in 1994, but latter, Banamex who has a Fideicomiso, managed for the Title to be voided, using a technicality, because during the procedure, it was not formally notified and the title has been on the making since then.

Lately the Venustiano Carranza title, has been moving and investigations finished, the title will unavoidably be issued in a few of months, while Banamex who voided the title because it argue that the title affect 20,000 m2 of its lands, will be formally notified and will have to show legal proof, that the land covered by the Fideicomiso is not National Land (something immposible).

According to our investigation, Banamex and La Puerta del Mar, will lose the land, back to Rosendo Victorio, no way around that, because La Puerta del Mar, is not even protected by the Banamex´s fideicomiso.

Banamex, voided the 970,000 m2 title, for its over position of 20,000 m2 only and that mean, the other 950,000 m2, have not been contested and are solid and La Puerta del Mar is under those 950,000 m2.

La Puerta del Mar, was built after the title was voided, taking advantage, that at that time, the real owner, was not in position to legally defend himself for lack of title, but as soon as the title is re issued, the land will be automatically back to him and since La Puerta del Mar is there, it is also a Federal offense committed by the developers.

This is one of the best examples, for the Baja Developers irresponsibility and lack of honesty; there the Developers are the Lagos group, related to the Yagues group. Also one of the best examples, that powerful and wealthy Mexicans, are not over the law and do not give any more protection than a poor Mexican, because Lagos is one of the Wealthiest Mexicans in Baja and Yagues one of the most powerful politically guys, the kind of guys who call the Baja Governor, to do their dirty work, but remember, that in Punta Banda, it was the Baja Governor´s cousin, the one who lost; Mexico is law abiding country, it takes its time, but law prevail and will prevail.

This will be the second Punta Banda, but only the second of many, so buyers should be aware of this kind of problems in the making for years and it is not fair that they, be kept in the dark until the problem explode on their faces.

The developer should not have sold houses to Americans in that development, built over National land that was already proved National Land and a title issued but void, because that only mean, that it is National Land, that would be re titled to the owner again, sooner or later, but the buyers were kept ignorant of the underlying problem.

The Developer, Grupo Lagos, built grounding its rights, over a title chain, that end in a Public Notary writing in 1959, where the Public Notary say, in its legal writing, specifically that:
The bunch of people, claiming that he recognized the sale by Juan Machado to them, who was already dead, did not show any legal title and some of the contracts were written over tortilla paper.
They did not show to him, any but any, official paper, showing Juan Machado as the legal owner.
The addition of all the sale contracts was an area over 200´000,000 m2 or 20,000 Has. Way over the 2500 Has. legal limit, while they claimed that Juan Machado had a 5,000 Has title, but only claimed, because they showed no legal proof to him.
Also, he says in his legal writing, that to avoid a public problem, his legal writing would be recognized as a legal title. (He does not say, recognized by who???)

That legal writing, is a joke, and give absolutely no property right, because Public notaries or in fact, absolutely NO public official, can give away National land and the law specifically, since 1863, up to today, say, that any land appropriation obtained by any public official, would be void if not done by the National Land office in a legal way and by paying the Nation, never free.

That mean, that La Puerta del Mar, is one of the worst cases and most similar to Punta Banda, that will have a similar ending and any American who bought there, the best action he may take, is to ask for their money back, to the Lagos Group; please do not just sell the unit to another unsuspected buyer, because you would be selling National Land and it would be a Federal Felony.

Other developments in the same situation, are the ones over Playa Encantada Km. 29.5 to 30, also waiting for a title to be issued on another name, different to the developers and the two towers that belong to the Torres Chavert group ,also waiting for a title to be issued on another name, Popotla where the Studios Baja were, are covered by another title on another name different to the ones who claim to be the owners.

As I say, this is only the tip of the iceberg, the developers have created, by keeping the buyers in the dark, while taking their money and most of them, are American buyers.
Those are the worst cases, while there are many, who are on National land, but have no underlying National Land title, waiting to be issued, those may just pay for the land and continue selling, those are the easy ones.

The easy ones are also resisting, because they do not want to pay the land to the Nation, but if they are selling the units, at a USD$3,500.00 dlls./m2, I do not see why, they cannot pay USD$100.00 dlls/m2, that the land legally cost, but you know wealthy and powerful people, they prefer to spend a lot more fighting, than to just do the right thing and I do not care if they fight to the end of time, but they should not be putting Mexico´s name in jeopardy to earn a little bit more.

[Edited on 4-8-2011 by ramuma53]

At one time I seriously considered buying(whatever that means?) property down in Baja. Tried to, but at that time, '07-'08, it was a sellers market. Couldn't afford what they were asking. Thank you Jesus!!!

MitchMan
If a Mexican bought from an Ejido, that does not make the ejido legal, the fact is that, almost all of the Baja´s Ejidos, have a virtual execution and that is a problem that has not been corrected and that mean that they have no physical land gave to them in a formal way and that mean, they were not able to sell in a legal way to a Mexican or American.
The fact that you have title insurance and a fideicomiso, only mean that a bank is the one holding the title, with any defect it may have and the Title insurance, only say that they didn´t find any title problems, but it doesn’t mean, that no title defects exist, only that their attorneys didn’t find any.

The fact that a title defect exist, does not mean automatic problems, for the actual owner; problems arise when legal problems exist in court, between two people claiming to be the owners.

If you are not being contested in court, my advice is: Not to do anything, because the Ejido sooner or later, will have to correct that problem and yours at the same time, without your direct action.

Elgatoloco
Do you know if the other property at K55 aka Campo Lopez,Punta Mesqutito, have any issues other then the ugly battle between Machado and Negrete families over management?

Campo Lopez, it is a fact, belong to National Land property, it was legally notified in 1992 to Mr. Aguilar, the then possessor, but he never bought it from the Nation and that mean, it is unclaimed National Property, ready to be sold to the first Mexican who ask for it.

Punta Mezquite is another problem.
Punta Mezquite and La Puerta del Mar, are under the Rosendo Victorio Victorio 97 Has. National Land title, that also covers the Venustiano Carranza town on the other side of the road.

The title was issued in 1994 for 97 Has. But later, Banamex thorough an amparo, voided the title on 2 Has. But the 95 Has. Left, have not been titled again to Rosendo Victorio, but the title as I know, will come issued out again, in a few months, on the name of Rosendo Victorio, that is unavoidable.

The 2 Has. Voided by Banamex, are the extreme North West area between the road and the Federal Zone, those 2 Has. Are already covered by houses, built by Medio Camino and sold to American buyers.

Those 2 Has. are being subjected, to an administrative trial, between Banamex and Inmobiliaria Real de Mexico, that belong to Miguel Del Rio Torres, a Mexico city, casino chain owner and I will bet for Miguel Del Rio, because he formally bought from Rosendo Victorio Victorio, the national land title holder.

On La Puerta del Mar, just run if you can, that will be the second Punta Banda exactly alike problem. If you bought, ask for your money back or claim your fideicomiso back or claim your title insurance back, because that land will be returned to Rosendo Victorio and from them to Inmobiliaria Real de Mexico S.A. de C.V.

The actual La Puerta del mar developers, the lagos group, will be happy if they manage to stay out of jail, because they built the development on the voided title land, knowing that the title would be re issued in the future and that mean, they sold houses on National Land that was already sold by the Nation to Rosendo Victorio and that is a clear and present Federal offense.

If there are hot points, in Rosarito coastal strip. This would be the hottest, followed nearly by Popotla, Playa Encantada (La Joya del Mar) and all the Torres Chavert developments. On these hot points, just try to recover as much money as you can, as soon as you can.

There are mexican nationals who own their homes and the land they are on in that campo. The rest of the gringos "own" their homes and pay rent for the land to the Machado and Negrete (by way of marriage to a Machado) clans. The two clans have a longtime argument and do not get along, from what I hear.

Crappy beach and lousy polluted surf breaks make on eownder why anyone would want to be there anyway?

Thank you for the info.

elgatoloco
You say that they own, but they absolutely does not OWN that land, they are just irregular possessors of National Land, in other words, just squatters in national land.
They cannot give away any right to those lands, they cannot rent it or lease it or anything without a formal Federal permission, any other way it is a Federal Offense.
Remember that the Machado sold whatever they had in 1915 to a foreign owned company and since then they are just irregular possessors, without any right to the property.
To use or possess any national land, you need a permit issued by the National land office, any other way, it is a Federal felony.

I say this without even a doubt, because I know that Mr. Aguilar was formally notified about the National Land property in 1992.

Many people get induced to think that to have an inscription on the Public Registry, mean that Property is assured, but let me tell you, that the Public Registries, are only declaratory, and it mean, that it is only to inform people about a fact, it absolutely does not prove the property right, it only publicly inform of of a fact, true or false, but it does not prove it in any way.

That means that having a right in the Tijuana, Rosarito and Ensenada Public Registries books, does not prove they are the owners, and in this case, it is not true what the Public Registries inform.

Why, because the Local Public registries have an obligation to check and be coordinated with the national Public registries, being these: National Agrarian Registry (RAN), National Agrarian Cadastral office, National Property Public Registry and can say, that those National Registries do not check or are coordinated with the local public registries and since they are not legally coordinated as the law order, the public notaries and local public officials do not check with them as the law orders.

That is the Baja California problem, the local public registries, show different data, than the national Registries, but the National Registries are superior authorities to the local Registries and in a legal consequence, the true right is what exist in the National Registries and in this case in the National Registries, the National Property exist on those registries while in the local Registries, you can find the Machado rights, in a contradiction to themselves that have also the Machado sale to the Foreign Company in 1915.

Yes, I know what you are going to say, that it is an abominable official mess and you are right, but the Developers press the government, in to not correcting anything and they just let them exist that way in an absolute irresponsibility that nobody want to accept or make public.

If the land rights basis were national titles, issued according to the law, time would have corrected the problem, but being National Lands, time does not have any effect and the problem just exist until someone with the information want to take advantage of it.

Let me give an hypothetical example:
At this time, Campo Lopez is unclaimed National Land, that is being occupied by irregular squatters and I do not care how they want to justify that possession or for how long the possession time.

If any person, being a Mexican entity (physical or company) go to the national land office and offer to buy Campo Lopez, they will see that Mr. Aguilar was notified in 1992 and did not exercised his right to buy, then the first one who want to buy it, will be next in line and they will just sell it to him.

Then you will have a true owner that does not have the physical possession, but that is not that difficult, because you are buying from the Federal Government and the SRA will have an obligation to give you the physical possession and since they will go and find squatters, they will order an investigation to the Federal Police to see why are those squatters there.

The Federal Police will just go and take the people they find there to Mexico city, like criminals and at their offices in front of the Revolution monument in Mexico city, they will ask them to show the permit issued by the national Land office to use Federal Property, since nobody have one of those, they will be in deep Federal problems that will land them in a Federal penitentiary until they give the possession away to the National land office and then derve prision for as much time as the judge say.

The SRA will just give to the legal buyer the land free of any problem.

This is something that the Developers do not want anybody to know, but it has been happening time and time again, the last I know is for Animale disco in Rosarito Beach downtown.

In other words, if the hard headed developers, do not correct the National land issue, they are open for entrepreneurs that use the law, to take away the land they want and when that happen, they cry like children, saying that they were robed and that they have a moral right to own that land, in other words, they are waiting for some public official, to just come and give away that land for free to them, but in 20 years that have not happened, because public officials are not allowed by law, to do it for free, the minimum price allowed by law, is the cadastral value and they do not want to pay it.

We have some hard headed people, that want to get land for free to sell it to Americans at US$3500.00 dlls./m2 built; the right way to do it, would be for them to pay US$100.00 to the lawful owner (The Nation) and then sell with the law on their side at US$3500.00 but they don’t want to pay.

Well, then let Mainland entrepreneurs, come and take away their built already developments and see if when that has happened several times, the other 200 will open their hard head a little or better said, their hard wallet.

This will be a mega business for someone, the mainland developers or the now hard headed local developers; the only difference, is that the local developers want the land for free and the American buyer to hold the risk forever.

I would go for the mainland developers.

[Edited on 4-13-2011 by ramuma53]

Baja real estate advice? Go for it! You'll have some interesting stories and it'll probably more fun than playing the slot machines at some funky old casino.

Wooosh
Sincerely, this is a last resort measure and I am doing it, because advising the Estate Government only made some of them very rich, advising the public officials, only made then try to land me in jail, advising the Real Estate Agents, only made them hate me and advising the Developers, made the few that were immediately benefited, appreciate my efforts, but most of them, only hated me for trying to help them, they absolutely do not want any help that may cost them money or contradict the land buys they have made through very doubtful ways; this because most of them, just appropriated the land by time limitation (Prescripciones) or just plainly stole the land from old occupants by using their political muscle.

Do you know that to be a called a leader is a crime in Baja California? In any other part of the world, it is a compliment and you are honored when they call you that, not in Baja, they land you in jail and that is because they like the status quo, never move or inform the people because then you are a criminal for them.

Of course Internet help on this issue and in any other, because it is difficult for them to stop the information, just see how ferocious were the Jesse attacks or the other new lady, but at the end, many people recognize that they were not providing sound advice and they were not able to just shut me up or steal the newspaper copies like they used to do to ABC or the Gringo Gazette.

Nancy, the Gringo Gazette reporter, was the only American reporter that listened to my arguments and took the time to investigate and corroborate my information and that is why, she started to write about the land problem, but as soon as the then Rosarito major Hugo Torres Chavert, leaned of it, he ordered the Gringo Gazette to be taken away from stores as soon as it was provided to them.

She was forced out of Rosarito by stealing her newspapers and by attacking her in criminal court so many times that she was not able to justify it to her bosses and they just abandoned Rosarito; some people laugh about this, but I think it is shameful for the Rosarito´s people.

At one time, I tried it with the San Diego Union reporter and she received the whole information, interviewed many Americans, who knew about the problem and at the end, she did not print a letter about that, when she told us, she was going to print our story, she printed the Ejido Chef saying that in Rosarito everything was fine and never called us back and later, started to attack us, clearly she was convinced by the dark side$$$$$$$.

To do this now is impossible, to jail me for doing it would be an international scandal and they just cannot deny the arguments and the information finally is reaching the people who affect directly, they are not being able to shut it up, thanks to the fact that Mexico is not China.
This will be here and will reach the people who need it or at least I hope so, because as some of them told me by email that Gringos remember only a couple of years and then it will be business like usual.

It is up to people in this forum to let that happen or not.

Some of you are questioning my motives by email?
I am doing this because I own land in the Tijuana Rosarito strip and I was spending more time in courts than developing my properties, I was forced to investigate the place history up to the last details to protect my properties and even after that, I cannot develop them because developers do not want to buy land, they want to steal it or nothing.

Once I was convinced that to protect my land, it was necessary to buy it to the Federal Government, I did it against all the developers opinion; most of them thought that if this information became public, they will have to pay for all the land they had and most of them had a lot, obtained by frankly fraudulent ways and at that time I started to split myself from them.

I predicted the Real Estate crisis in 1992, I predicted that Rosarito would follow Ensenada and everybody told me I was crazy, that it would never happen in Rosarito because at that time, you were not able to walk on the streets because of the amount of American visitors, but Ensenada was a clear warning that if you take advantage of your customer, they will just go to other places.

At this time, I want to clean Rosarito before I can invest or develop my Rosarito properties, I refuse to just fallow those 200 developers that built without the minimal land legality, just hoping to sell before everything exploded.

I tried all the normal ways and I started to escalate until there were no more people in higher places, who listened about the problem and its consequences and as in any business, then, the only option, was the boss, the only guy on top of the business and government directors, the customer, because he is the only one, who can force all those money and political guys, to recognize that they have a problem, that is no longer concealable and they have finally to correct it, because in this case, time will not correct it as they hoped and to dump it on the customer is no longer acceptable or hided.

[Edited on 4-15-2011 by ramuma53]

Can't Tell Your Players Without a Scorecard

jenny.navarrette
Of course you can tell Your Players Without a Scorecard, but, you have to say the true facts.

OK, here is the score so far in this Chinese Fire Drill:

1. HUGO TORRES CHABERT. MR. HUGO TORRES CHABERT IS THE DEVELOPER OF LA JOLLA DEL MAR. THIS CONDOMINIUM DEVELOPMENT IS OWNED BY THREE INVESTORS, INCLUDING HUGO TORRES. TORRES IS ALSO THE OWNER OF THE ROSARITO BEACH HOTEL, THE OCEANA TOWERS DEVELOPMENT, THE LOCAL ROSARITO NEWSPAPER ECOS DE ROSARITO, AND THE BAJA TOURIST GUIDE. HE IS A TWO-TIME FORMER MAYOR OF PLAYAS DE ROSARITO.

Hugo Torres Chavert, you accept built and is actually selling La Joya del Mar, ¨you say¨, he owns Hotel Rosarito, Oceana and was 2 times Rosarito major, but:

How come, you accept that he is in litigation, with the Coronas over La Joya del Mar, while at the same time, he is selling La Joya del Mar, without disclosing that capital fact, to American buyers??????? And giving In House title insurance on it??????? That is not an honest thing to do!!!!!

Why are you, not denouncing the fraud also????

Is he telling his buyers that he is in litigation? And, that he may very well have to return the property to the Coronas in the near future??????????????????

Is this very important fact, being fully disclosed to his buyers when they buy at La Joya del Mar???? as it should be in any Real Estate sale???????????????.

If not, you must accept, he is a crook, trying and actually commiting fraud against the American Real Estate buyer!!!!!!!!!!!!!!!!!!!!!!!!!!!!

For the same reason I have proved here, he absolutely does not OWN the Rosarito hotel, he is holding the concession of it, for the waiter and bar tender union only, only a concession, because it is National Property, that has never been sold by the Nation, in other words, it is National Property only a concession granted to the union, he is just a big fraud.

He has never been 2 times major, he has been elected only once, the first time he was named by the PAN Estate government, to head the counsel, holding it until elections were held and when he was elected major, the crime soared to heights that has never been observed in Rosarito, pollution was hided and newspapers stolen to hide the true from the Rosarito people, he is nothing to be proud of, instead he is a shame to Rosarito, because a honest people will never sell a property that is in jeopardy by lawsuits, while not disclosing that to the American buyers.

Oceana is built also over National Land, named Rancho Costa Azul, that belong to a third person and litigations are also on the going, while I have never heard, that a buyer on those developments, had those fact disclosed to them!!!.

2. THE CORONA FAMILY. THE CORONAS ARE AN OLD ROSARITO FAMILY THAT OWN THE HOTEL CORONA, CASTILLOS DEL MAR, AND MANY OTHER PROPERTIES IN ROSARITO. THEY CLAIM TO BE THE REAL OWNERS OF THE LA JOLLA DEL MAR PROPERTY. THE CORONAS AND THE TORRES HAVE BEEN IN LITIGATION OVER THE LA JOLLA DEL MAR FOR MORE THAN 20 YEARS. IF THE CORONAS WIN THEIR LAWSUITS, TITLE TO THE LA JOLLA DEL MAR PROPERTY COULD REVERT TO THEM.

Sorry but the Coronas are not an old Rosairto Family, they an old Tijuana and Ensenada family, but new to Rosarito.
They do not claim to own La Joya del Mar, they were claiming to own Playa Encantada, the place that Hugo Torres and partners through Fraud and buying the Playa Encantada attorneys, managed to get possession from Tomas Corona and the real owner, but later, Tomas Corona Recognized that Playa Encantada is National land, owned by another person that is in litigation in Mexico city to get back that land form La Joya del Mar.

Playa Encantada was national Land until 1992, when it was sold by the nation to the actual owner, who bought it, grounding her possession, on a right to buy National Land, that my mother legally received in 1952, advising the one receiving the right, that it was National Land and giving her, the right to possess National Land, legally and formally issued to her in 1952 by the Agrarian Department, now the SRA, on proof that she was possessing it, since 1949, because on good faith, she publicly bought it from Rosa Machado, in other words, a perfectly legal way to buy and prove possession.

Then, since Tomas Corona, who own Castillos del Mar next door to Playa Encantada, own it because they bought it from the National Land office on my advice, claimed also Playa Encantada to the National Land office, then, he was advised by the SRA, that Playa Encantada was already claimed before and with more force, by the actual owner; learning that, he in an honest gesture, recognized the actual owner right to Own Playa Encantada and is with this person, with whom La Joya del Mar, is in litigation, not with the Coronas, but that does not change the fact, that Hugo Torres Chavert, is acting with dishonesty and falsehood, toward the American buyer, when he does not fully disclose those legal problems, that he will certainly lose in the near future, subjecting the American buyer to another Punta Banda.

3. MR. RAFAEL MUÑOZ MARTINEZ MR. RAFAEL MR. RAFAEL MUÑOZ IS THE DIRECTOR OF THE BINATIONAL COMMISSION OF COASTAL RESIDENTS. THIS GROUP IS AN ADVOCACY COALITION THAT HAS BEEN INVOLVED IN MANY PAST PROPERTY DISPUTES, INCLUDING THOSE IN POPOTLA, EL CAPITO, VENUSTIANO CARRANZA, THE ARTISAN'S MARKET, CASTILLO DEL MAR, AND PUNTA BANDA. IN SOME OF THESE OTHER DISPUTES, THEY HAVE OPPOSED ACTIONS TAKEN BY MR. HUGO TORRES. RAFAEL MUÑOZ IS A FORMER NEWSPAPER PUBLISHER AND ALSO WAS A CANDIDATE FOR THE BAJA STATE SENATE IN 2000. MR. MUNOZ'S MOTHER SOLD THE LAND UNDERLYING THE LA JOLLA DEL MAR CONDOMINIUMS TO THE CORONAS, A FACT THAT MR. MUÑOZ HAS FAILED TO STATE IN HIS OVER 425 POSTS ON BAJANOMADS. NOR HAS MR. MUÑOZ EVER MENTIONED HOW HIS MOTHER CAME TO HAVE TITLE TO THE PROPERTY IN THE FIRST PLACE AND HAS NOT STATED WHETHER HER CHAIM OF TITLE HAS THE VITALLY IMPORTANT NATIONAL LAND DEED AT THE BOTTOM. WE WILL JUST HAVE TO WAIT FOR THAT.

The BiNational Commission of Coastal Residents was created by me and others in 1992 to help al the small land owners, American and Mexican alike, with the procedure to legalize their land, through the National Land office, bringing them in to full land ownership legality, then they elected me the first president, yes, we gave all this information to all the social groups and that was the fact, that the big land owners and developers didn´t like and the one who were heading the big land owners and developers, was and is no other than Hugo Torres Chavert and Ismael Yagues Ames (Lagsa).

Yes, and I would do it again, We protected the Venustiano Carranza from the developers who were trying to steal their possessed land since 1940, Protected the Fisherman from Hugo Torres Chavert and his cousin and helped Casillos del Mar against Ejido Mazatlan, El Oasis, El Morro, El Campito, the Rosarito Beach Merchants, the Horse Renters Association from Hugo Torres Chavert, Mercado Benito Juarez from Hugo Torres Chavert, Playa Encantada from Hugo Torres Chavert and Ejido Mazatlan and several Rosarito colonies that were being defrauded by Ejido Mazatlan with the help of the then major Hugo Torres Chavert.

We managed to obtain for our members, a lot of National Land titles and procedures, at a very low price and those are the only Private property titles in the coastal strip, beside the El Morro titles that were issued in 1950, but Hugo Torres Chavert with the big land owners and developers influence, managed to close without a legal reason the SRA federal office, that was issuing the titles, to every person that asked for them and proved real possession.

Concerning my mother, Sorry, but my mother gave away the possession rights she bought in 1949 to another person, who is also recognized by Tomas Corona as Playa Encantada legal owner.

To clear what you ask, my mother Juana Martinez de Muñoz and my aunt Mercedes Martinez de Velilla, who at that, time was District Federal Judge, they bought Playa Encantada in 1949 from Rosa Machado, who claimed was one of the inheritants to Joaquin Machado Valdes and later in 1952 learned that the sale was a fraud, because the national Land office, in 1952 gave them notice that the land was actually national Land.

Mercedes Martinez de Velilla, my aunt, then Federal Judge, was the first woman graduated from the Jalisco University and the one who initiated most of the Mexican woman attorneys professional bars associations, was also known as the Iron Judge because together with the Iron District Attorney the legendary Mr. Tocacangas, closed all the casinos in Baja, on the Mexico´s president orders, one of them, the one illegally operated by Hugo Torres Chavert and his aunt.

Both of those very active ladies, had as their good father, the then Mexico´s president Lazaro Card##as del Rio, while one of my uncles, was the president´s personal doctor.

Both of those ladies, were helped on building Playa Encantada by my cousin, Aida Baltazar Martinez, that in 1965 became Tijuana councilwoman and one of the most respected popular leaders in Tijuana, who founded several of the biggest colonies, like Obrera Primero de Mayo or Postal and many others and her daughter, Mercedes Herdman Baltazar, has became 2 times Tijuana councilwoman, Estate congresswoman and later Federal congresswoman for Baja California and at this time, she has a high post in new PRI Tijuana Administration.

I tell you this to show that, we are an old local family, that are dedicated do build Tijuana and Rosarito on the long run, not to commit fraud against the American buyer.

4. EJIDO MAZATLAN. AN EJIDO IS A GROUP OF COMMUNAL LANDOWNERS THAT ENJOY SPECIAL LAND RIGHTS AND LEGAL PROTECTIONS UNDER MEXICAN LAW. THE EJIDO MAZATLAN OWNS HUGE TRACTS OF LAND IN AND AROUND THE ROSARITO AREA. BOTH THE EJIDO AND MR. HUGO TORRES CLAIM THAT THE LA JOLLA DEL MAR PROPERTY WAS ORIGINALLY EJIDO LAND.

Hugo Torres Chavert claim it was Ejido, but he being Rosarito major, know, that the parcel 58 B, that they claim is on top of Playa Encantada, was expropriated and paid to them in full, to the Ejido in 1986 and is located on the East side of the old road, not to the west and that fact, prove that he commited fraud against Playa Encantada, helped by the Ejido Mazatlan and Fernando Gomez Chavez.

In 1937 the Mexico´s president expropriated land to the Machado Family ??? in an error, the never made the legal steps to give them any physical land; they got what is known as Virtual execution of a Presidential decree that the Supreme Court has found illegal and nonexistent ad as a consequence, Ejido Mazatlan own some land taken from the Machado Family that nobody know where it is and that they have never received in a legal way; also all their topoghraphical plans are a joke made at the order, with absolutely no technical grounds and as a consequence, they absolutely cannot prove where Ejido Mazatlan is in nature, fact that allowed us to win Castillos del Mar, El Oasis, and soon Playa Encantada.

5. Fernando Gomez Chavez. Mr. Gomez Chavez obtained the La Jolla del Mar property indirectly from Ejido Mazatlan, and re-sold the property to Hugo Torres. The validity of Mr. Gomez's title is a major issue in the lawsuits. Mr. Gomez worked as lawyer for The BiNational Commission of Coastal Residents -- directed by Rafael Muñoz Martinez -- and represented the Corona family in a related lawsuit on the Castillos del Mar property against Ejido Mazatlan, which also claimed ownership of the Castillo del Mar property. For some strange reason, in all his 425 posts on BajaNomads, Mr. Muñoz omitted saying that Mr. Gomez Chavez was his former employee. Mr. Muñoz claimed that Mr. Gomez Chavez turned traitor and cut a deal with Ejido Mazatlan to purposefully lose the lawsuit for his clients, the Coronas. The duplicity was discovered and Mr. Muñoz fired Mr. Gomez Chavez and the Coronas won the lawsuit. The Mexican Supreme Court ruled that the Ejido's version of the survey map showing the boundaries of the Ejido property was null and void and therefore the Ejido had no claim to the Castillo del Mar property. The Ejido's claim to ownership of the La Jolla del Mar parcel is also based on that same map, which the Supreme Court has already denied. In spite of the fact that the Corona's won the lawsuit, Mr. Gomez Chavez somehow acquired the La Jolla del Mar property from Ejido Mazatlan anyway and resold it to Hugo Torres.

Fernando Gomez Chavez (sorry but I cannot call him neither Mr. or attorney) in 1992, Fernando Gomez Chavez was the Public Defender in Rosarito, almost dying of starvation; he owned no land or any kind of property in Rosarito, he was just arriving from Guadalajara Jalisco where the mafia was looking for him and for what I know they are still waiting for him. In other words a pennyless guy in 1992. Take note

Then, another attorney, friend of mine, referred him to me, to fill the The BiNational Commission of Coastal Residents attorney post, I talked to him and found him a very brilliant guy, we hired him and he started to fight all the legal battles against Ejido Mazatlan, Hugo Torres Chavert and the big landowners with the Machados behind, he won the Castillos Del Mar trial on National Land grounds and by demonstrating that Ejido Mazatlan is a fraud but very important for the near future, he demostrated that Parcel 58 B is on the East side of the highway, not over Castillos del Mar or Playa Encantada.

He, with my information and direction, won the Benito Juarez market against Hugo Torres Chavert and several others, but then Hugo Torres Chavert started to call him and invite him to make a deal with the Mazatlan Ejido, he proposed that to us and all the The BiNational Commission of Coastal Residents´s meeting, denied the deal, but he just went alone and sold himself to Hugo Torres Chavert and the Ejido Mazatlan, turning coats on the Corona Family and Playa Encantada, he just sold those cases, but the corona Family acting fast, got another attorney and corrected what he was selling, but not Playa Encantada, where he suddenly appeared as an old ejidatario, owning for decades the false parcel that supposedly affect Playa Encantada and he in a cynic legal charade, gave the land to the Ejido, then received the same land as payment and then sold it to Hugo Torres Chavert and La Joya del Mar for only USD$500,000.00 plus a condo.

It is easy to prove the Fernando Gomez Chavez and Hugo Torres Chavert connection, because as part of his traitor deal, he received a condominium on one of the Hugo Torres Chavert towers, where at this day, he is living with his cousin-wife, in other words, he is still living on Hugo Torres Chavert supposed property, because that is the kind of people, Torres Chaver love in more than one way.

The only problem is, that Playa Encantada, is at this day, National land already sold, to the actual owner and since time limitations do not affect National land, the problem is still on the going and I predict on legal grounds, that in the near future, Federal criminal charges will be filled against Fernando Gomez Chavez and the return of La Joya del Mar, to the real Playa Encantada owners, while La Joya del Mar, will disappear and the in house title insurance, will have to be delivered to the actual American buyers and it is up to them and the nation, to fill criminal charges against them for fraud.

AS FAR AS I CAN SEE, NOBODY OWNS LEGITIMATELY ANY OF THESE PROPERTIES. IT'S JUST A BUNCH OF LAND GRUBBERS FIGHTING EACH OTHER OVER IT.

On this your last statement, I agree with you, The Nation own them, the only people who escape from this mess, is the people who bought legally from the national Land office, like Castillos del Mar, Venustiano Carranza, El Oasis, El Morro and Playa Encantada (not La Joya del Mar or La Puerta del Mar).

As you see, this is a legal problem in the going and American buyers should know, what they are buying in to, I ABSOLUTELY DEPLORE, what La Puerta del Mar, La Joya del Mar, LAGSA, Hugo Torres Chavert and the supposed Machado-Crostwhite are doing, by misleading the American buyer in to buying illegally acquired properties, that are subjected to legal problems, that will surely affect them in the form, of losing their bought houses, bought with hard earned money, along their lives and through what, I can call, a Fraud against the buyer, the Nation and the original possessors.

Also Jenny.navarrete if you know all those facts, how come you are not disclosing them to the American buyer and denouncin publicly the gigant fraud you know about.??????
If you do it, you will find that you are not alone.

[Edited on 4-17-2011 by ramuma53]

Would say this thread is doing more good than bad...

Excellent information on: history, essential check points for doing one's own due diligence and the relevant Agency's which "hold" the proper documentation and the means to obtain same..

Thanks for all the help .... I believe there are at least three or four who have already benifited from this thread .... which is really a happy ending ... and I really like happy endings....

Find it really great for someone to share all this information on this subject for way less than 6%

Thanks again... my notes continue to grow, as does my knowledge...

And how do you know this, rgbajabob? Just curious.

Exactly what was said

Wooosh
Hope you know who Moreno Berry is, he is one of the main persons in the PT political party, beside being director for some of those popular organizations and his strong arm in Tijuana Rosarito is Mercedes Maciel.

WITHOUT INTENTION YOU JUST HIT ANOTHER VERY IMPORTANT POINT AND THE MAIN DANGER FOR THE HARD HEADED DEVELOPERS.

This guy is a professional squatter, the kind that invade properties, but know what he is doing, almost always better than the people he invade. This is the main danger to remain illegal on your property.

This guy know that most of Tijuana and Rosarito have land legality problems and he know that he can invade almost any land and find ways to show that he is the real owner and not the guy who has a Public Registry scripture.

Why does this guy know more than many others? Because I was the founder and first president for PT party in Rosarito and I was responsible for motivating a lot of people to vote for this party and elect the first councilman from another party beside PAN or PRI and at that time 1998-1999, I was trying to promote land legality, through that party and made available to that party´s directors, all my information on why most of the land in Tijuana and Rosarito was based on false legal grounds and most of it is National Land.

Then Ejido Mazatlan and Hugo Torres Chavert, got to Mercedes Maciel, bought her and I quit that party, with most of the people following me, about 95% and that party since then, have never again, been able to elect any public official in Rosarito Beach.

But the studies and information remained on the heads of that party´s directors and they certainly have been taking advantage of it.

Remember that Hector Castellanos Muñoz, from PAN party did the same, so it is not the party to blame, but the rotten guys in them.

How can you take advantage of the information I provide?

By just invading any land in Tijuana or Rosarito, after making a legal claim to the National Land office.

Then you would be the one with the strongest legal right to that land and the guy possessing it, would have only the extremely weak Machado Crostwhite rights, that you know, you can beat in court. Of course, they using illegal means will try to put you in jail.

But the main issue, is that you can invade any land and by showing that you have a legal ground, they cannot take you in, for invading, they will have to take you to court, while you get a hold on the land and since it can take years to go through the legal process, by that time a judge issue a ruling, the place could be covered by 1000s of small houses, impossible to dislodge without creating a social problem, in other words, the weak owner lost in practice, even if he win in court, case closed.

This is how Rosarito and Tijuana are developing, by guys who know how to do it, invading properties while the people who supposedly own it, have weak legal grounds, that let them hanging in the cold, but those people do not understand, that the only way to evade this destiny, is to have a fully legalized property. The solution is there in front of everybody, but they are just too hard headed and like to take advantage in disorder, while the professional invaders do not want anything to change.

That is why; they sometimes accuse me of invading or causing to invade properties, because I provided publicly the tools to do it. But I am providing the same tools to you and most of you, are not going to run and invade land lots, it is up to each person to know what to do, based on his or her own ethics.

It is the classic dilemma, thief that steals from a bandit, have 1000 years pardon and end up being rich and legal.

Anyway, the ones causing the problem, are the people who are hard headed and do not understand that they are open for problems as long as they keep their property illegal and I do not accept, that they take the American buyer and Mexico off the cliff with them.

The worst kind are people like Moreno Berry, Hector Castellanos Muñoz, Ismael Yagues, Hugo Torres Chavert and Ejido Mazatlan, that have made fortunes out of invading properties through quasi legal ways, they are the same, only Moreno Berry, do it to get the vote of 1000s of people and political power on the side, while Hector Castellanos Muñoz, Ismael Yagues, Hugo Torres Chavert and Ejido Mazatlan just do it for money and power.

Who have made those people millionaires and politically powerful? The careless miss informed American buyer, who trust the property system as if it were the USA or Australia, that have strong property laws.

Without knowing, the American buyer has created several monsters, that now control the political parties, the courts and the government, just like with drugs.

Hugo Torres Chavert brags openly, that he controls the Courts all the way to the Estate Supreme Court and sadly, it is true; at all levels, it is known that he can get from the Supreme Court in Baja, any ruling he likes even if it is illogic and illegal and that mean, that even if you are legally right, he can win at the end.

This has happened for decades, bringing the legal system to a cynic state that have Baja in the actual disorganized state.

Who can control and make this right? Only the American Buyer, because he is the one providing the fuel for all this corruption and when the fuel flow stop, so the corruption.

Public officials preffer to proffit from the problem, the developers just want to continue getting properties for free while selling those at very high prices to American buyers and the American buyer just dont have a way to know what he is doing, untill another Punta Banda ocurs, everybody else, just dont care.

I know, Baja need the money, I know the American buyer need his dream beach house, but not at all cost, because the American buyer will be left hanging from thin air at the end, while the developers just go to another more safe area and wait for them again.

[Edited on 4-25-2011 by ramuma53]

That email was sent from the IP 32.179.178.248, which is in Central Florida and belongs to Henry Thomas G*******. Known to BajaNomads as Bancoduo. He lives in the area of New Smyrna Beach, Florida. He has always had a hard-on for TheGull.

His real email address is on this advertisement.



No hay de que, Rafael.

[Edited on 5-25-2011 by BajaNomad]

Quote:

Originally posted by ramuma53 Hugo Torres Chavert brags openly, that he controls the Courts all the way to the Estate Supreme Court and sadly, it is true; at all levels, it is known that he can get from the Supreme Court in Baja, any ruling he likes even if it is illogic and illegal and that mean, that even if you are legally right, he can win at the end.

zero risk in _____________

Jenny.navarrete
We are still waiting for you to denounce the fraud you know against the American buyer, committed by Hugo torres Chavert and Fernando Gomez Chavez together with Ejido Mazatlan.
When will that happen, you seem to know a lot.

Woosh

Rosarito not only have to bring down its prices, because they are giving the American Buyer a false legal title chain; false things should not be cheap, but forbidden; how cheap would you pay for a falsified art piece, or how much would you pay, for a falsified USD$7.00 dlls bill; I do not think the main issue is price for Rosarito, because I do not see anybody, complaining about the prices; what they want, is security in their investments and for themselves, more when it involve the house where they are planning to spend their golden years, walking on the beach; a beach, that now, they cannot walk, because of insecurity, a house that now they are afraid they may lose to legal problems.

Certainly American buyers are not willingly paying for that, but they are doing it today, because they did not know.

Rosarito need to clean its act, now or it will become another Ensenada ghost town.

Rosarito need to start doing a real business in a business way, and that mean not giving the real estate customers false titles and legal problems on their dream homes and of course handling the tourist, like royalty.
Rosairto need to clean the Real Estate legal problems, caused by the stubbornness to upheld the Machado Crostwhite false story and get rid of Ejido Mazatlan, through an expropriation and then establish a way to show clear title to the customer, based on a National land title, in a way that later is not challengeable; what I call, property rights stable in time.
In other words, establish a clean title chain, down to a national Land title as the law asks for.

Ejido Mazatlan have profited for decades from Rosairto by selling land, that does not belong to them or is for sale or legal, it is big corruption source, that benefit only a bunch of guys that just bring the money to San Diego California Wells Fargo Bank, because most of the ejidatarios, are USA citizens and California residents, what we call ejidatarios Naylon. It is time for them to bring them to justice and let Rosarito develop in to the place it should be.

Concerning Hugo Torres businesses, I am going to tell you, a related story, that will tell you how they get their money.

I know the guy who was then operating Chicks & beer table dance, he represented Miami beach Fl. not very clear capital; he proposed to build the Rosarito pier, he showed me the plan to build it in front of the Rosarito Beach Hotel.

As an engineer, I know that the worst place you can find to build a breakwater or a pier, is on the sea side of a storm stream, a stream that very seldom carry any water, but when it does, it not only carry a lot of water but a lot of stones and dirt.

I explained it to him and even published a related article in ABC with a technical explanation, why it was not a viable project, at least not at that place; the pier may be built any other place on Rosarito Beach, but the worst place would be the Rosarito Beach hotel´s beach front.

As all of you know, the pier was built anyway and what I predicted, materialized right away, only one boat was able to anchor on it and the sea bottom, having changed from the time of the technical works, because the Rosarito stream had carried a lot of stones, sand and dirt; Nature did its thing and the boat hit the bottom and was unable to sail in time and almost sank; as you know, no other boat returned to Rosarito and the pier is only an expensive place to fish and everybody thought that somebody would end up dead or broke.

I asked the Chikks & Beer guy, how wise it had been, to throw several million dollars away on the pier project and he just told me, that Hugo Torres didn´t care about the money, that building the pier, enabled them to move capitals from Miami beach to Mexico and they had already earned their money, the Rosarito pier, was just a way to do it, in other words, to clean money and you can see all that money as towers now.

When you see people throwing money to the trash can and doing supposedly stupid acts but end up rich and building towers, it is because you don´t really know their real business; do you see Hugo Torres Chavert suffering for lack of money? And he is only an employee to the bartender and waiters union, the real Rosarito Hotel real owners.

Please, don´t be naive, everybody knows what Hugo Torres real business is.

So then, Fulano is Jihad E. Salman, who married Jenny Navarrette. What a revelation.

Have you ever seen this, Rafael?

http://forums.bajanomad.com/viewthread.php?tid=43426&pag...

How come you didn't know about that?

Jenny.navarrete
very interesting and evidence is piling up.

--------------------------------------------------------------------------------------------
http://rosaritorealestatefacts.com/openletter.htm

BUYERS / SELLERS BEWARE

BUY / SELL PROPERTY IN ROSARITO BEACH BAJA MEXICO

WITH EXTREAM CAUTION – BEWARE!

October 5, 2009

To whom it may concern,

This is to advise all interested parties that a comprehensive draft of this letter will be released to all media centers in California -including San Diego, Orange County, Los Angeles, and beyond including Nevada, Arizona should this situation not be resolved immediately.

I have recently (Since August 2008) attempted to sell my condominium unit at La Jolla de Rosarito that I purchased through Desarolladora de las Californias S.A de C.V – Developer of Oceana Condominiums, Oceana Casa del Mar, La Jolla de Rosarito, Oceana Plaza and possibly other developments around Rosarito Beach and Baja Mexico.

The property has been paid off in full, but apparently has a lien against it which the developer Desarolladora de las Californias S.A de C.V took out a secondary loan against the property without my knowledge or consent.

Furthermore I and the buyer have a purchase/sell agreement being handled through escrow in Baja Mexico and we have been waiting for over 220 days for the lien to be released in order to move forward with the closure of the sale. Due to this excessive delay I have come to the conclusion that what we in the US expect from escrow, is not what you get in Mexico from escrow it’s simply a name used in Mexico to give US investors false security that their dealings will be handled in an honest and safe manner.

Desarolladora de las Californias S.A de C.V represented by C.P. Julio Cesar Mendivil A. received the final payment balance owed on the property $57, 337.00 USD. On September 4th, 2008 as a pre condition they set prior to the lien being paid off by them, which they have not turned over to the bank holding title and security mortgage on the property as of this date.

I met personally with C.P. Julio Cesar Mendivil A. on October 22, 2008 to discus why things were taking so long and he blatantly told me that he had spent the money that was turned over to him on other commitments. I immediately contacted the bank holding the title directly to explain the situation and spoke to the branch manager and the person directly in charge of the Desarolladora de las Californias S.A de C.V account who expressed to me that they could do nothing for me since their client is Desarolladora de las Californias and that I must deal with them directly or by legal means as he stated I had all the necessary elements to file a lawsuit.

I highly urge all interested parties to help resolve this situation immediately in order to avoid yet another plague of bad press directed towards Rosarito Beach Baja California, Mexico. In order for potential investors in Mexico to have confidence in the system this type of unprofessional action must stop.

Today is October 5, 2009 and yet absolutely no progress!

Below I have included the contact information for the legal representative of the developer:

C.P. Julio Cesar Mendivil Arguelles

Desarrolladora de Las Californias, S.A. de C.V.

Nextel 152*133193*12

Tel. 100-61-40 al 43

jmendivil@decasamx.com.mx

http://decasamx.homestead.com

http://lajolladelmar.homestead.com/Contactus.html

If I have not finalized this transaction in a professional and satisfactory manner by February 28, 2009 – I will continue to send press releases to all media outlets indefinitely.

Feel free to forward this email to any and all parties that may be interested, affected or may be of assistance in resolving this issue.

Current Owner

Owner - La Jolla de Rosarito
--------------------------------------------------------------------------------------------

This only confirm that what I have been saying is true; this guy Mendivil, is just the Hugo Torres Chavert Front and the one who together with Fernando Gomez Chavez created the fraudn to try to steal Playa Encantada

But this only confirm also that you have very good information that would be very usefull to the american buyer and the Federal Police about Inmobiliaria de las Californias and Hugo torres Chavert.
Why arent you denouncing the fraud?

Wooosh

One of the main uses, Rosarito has for the narco, is as landing place for all the drug boats that land every day, carrying each 3 tons of drugs and from Rosarito it goes to Tijuana or direct to the USA.
It has been happening for years and increases every time Hugo Torres Chavert takes office; they need the city police absolute control.

Also several of the Rosarito fortunes, are based on those revenues and those fortunes are all related or derived from him.
When I had a house in Playa Encantada, the Port authority was there also and some nights, we were able to see, during the night, how fast boats stopped on the sea all lights off, just in front of the port authority and unloaded packages, to guys on marine motos and guess who was renting those marine motos just beside Hotel Rosarito and from renting marine motos, this guy went to owning one of the biggest discos in Rosarito, worth millions of dollars and guess who gave him the land lot and for who he worked from the start? Also guess who was this guy male lover?
Rosarito, when Hugo Torres started as major, became a base for the CAF cartel and I don´t think that has changed a bit.
When Teo was moving freely in Rosarito, he belonged to the CAF cartel, later he changed coats and became the Sinaloa Cartel strong arm against the CAF and Hugo Torres started to use escorts and bullet proof cars; then every time the boats were unloaded, the police patrol cars became the operation guards and stayed guarding the entrance until the boats were gone.
Also, would you in one of your wildest dreams, believe that with just the Rosarito Hotel revenues, he would be able to build that many towers at once while throwing millions to the trash can on the pier project? And stay alive and in business after the sales stopped?
No my friend, Hugo Torres Chavert main business is not the Rosarito Hotel and what you see in all the towers he built, are just the other businesses revenues.

Did you know that Mendivil was kidnapped and Hugo Torres Chavert paid millions of dollars to get him back???
That is why they have no money on Inmobiliaria de las Californias and now you know, where the American buyer´s money on those projects is going.

They started as illegal casino operators, in other words, GANGSTERS; in 1959 the Federal Government stopped them, but they just came back and have never changed their status or line of business.
That is why this guy´s fixation on making himself look like a political leader in ECOS, his egocentric media tool; that is why he make deals with every political party and has earned the Hugo 1000 political caps nick name, because he has no fixed political alliance; his goal is to clean his image or make everybody believe that his image is clean and protect his real business; just study the Al Capone history and you will find several parallels, only this guy did it in a small scale because his intellectual limitations.
Then he claim that his reputation is beyond doubt and that is why he sell in house title insurance!!!

That is why I say that Rosarito need urgently to clean his business and people who make business in Rosarito. You can not put the Rosarito´s American customer in this kind of hands and hope the best for Rosarito.

[Edited on 5-1-2011 by ramuma53]

Send in the Marines to Rosarito now!

elinvetigat8tor
Nice to see that you are still arround.
Some times I think that what you propose, may be the best solution, but after observing how the representative for the San Diego Union acted on Rosarito, I think that they may just substitute the city police on guarding the unloadings.

Paladin
Mulege area is plagued with Ejido problems; just ask Mr. Johnson at Serenidad Hotel and you will find a horror story; do not buy on anything that has as precedent an ejido, it is just too complicated for an American and you will be too open for fraud; Mexican law handle Ejidatarios as children not mentally fit and the reality is that most of them are very healthy and just take the opportunity that the Mexican law give them to take a big advantage of you.
To complicate that, Baja is a Real Estate horror zone and please take note that this does not apply to every ejido in Mexico, Baja Ejidos are a special legal horror case.

All, but absolutely all ejidos in Baja, were created in the 1940s, during President Lazaro Card##as time in officer and he created so many ejidos and Baja was then so far away, that they simply did not have the technical staff to do all of them in a legal way and Baja Ejidos were the farthest.

But they had a presidential order and they had to comply with it, General Card##as was not the kind of guy, you may tell him, that you had too much work to accomplish all his goals, so the technical staff, just started to do them in bunches’ without any but any legal formality or respect for the neighbors; an engineer came to Baja, for an afternoon and executed 10 ejidos without notifying anybody but the ejido people and executed them all together, right there at the airport or while drinking a beer.

Let me explain to you, that to execute an ejido, you had to draw an exact topographical map, locate it through astronomical observations, walk each of its sides accompanied by the neighbor, who you by law, had to notify in advance, so he was able to be there, with his own engineer to be sure his limits were respected, make them sign the official paper and then, when every party agreed with the measurements, the Ejido was formally executed; of course it is completely impossible for an engineer to execute formally 10 ejidos in an afternoon; those technical legal works may take months each, so they simply invented the VIRTUAL EXECUTION and just did them in bunches, just hoping that in the near future, with more time on their hands, they would be able to return and do it the lawful way; well, 70 years have gone by and they are still unable to do the legal work and most ejidos in Baja today, are based on virtual executions and that mean, that they have no formal technical works and they did not follow legal procedure.

Legal precedents, named in Mexico Jurisprudencia, are Supreme Court ruled and executed cases, that are already legal precedents, and those precedents say that an Ejido Virtual execution is NO EXECUTION at all, because they did not respected the neighbor´s rights consagrated on the 14 and 16 Constitutional articles, when they didn´t allow the neighbors to be notified and agree with the measurements.

That mean, that almost no ejido in Baja is legal and in fact has no land, because the government never gave them the land in a formal lawful way; the ejido exist, but they have no land at all.

When the Ejido La Purisima sued me, I just proved that they have a Virtual execution and in a legal consequence, they have no land and their land simply cannot be over any other land, because their land does not exist; they simply dropped the case and avoided suing me again.

I am sorry, but Baja need a lot of legal and technical work to be able to provide trouble free titles and that is why I advise Americans to buy only from titles issued by Terrenos Nacionales, not issued between 1876 and 1917 and the 1963 to 1967 periods.
In the mean while, if you do not find a national Title at the end of the title´s legal chain, simply walk away and do not trust the attorneys and sellers who tell you to go ahead and buy problems.

[Edited on 6-18-2011 by ramuma53]

bajatravelergeorge
Colonial titles, were a kind of concession, not really a private property title, like a kibut in Israel.
Why, because they were issued free of any cost.
Mexican Constitution forbid to give away land to create private property, it has to be sold at market prices.
So Colonial titles were created where people was not interested in buying because it was then too far from the civilization; they were created to colonize land too far away; and because of that, they created the Colonial Law; you can find it in the ´Ley Federal de Reforma Agraria´ issued in 1950; the new 1992 Agrarian law, no longer consider Colonial land and the Colonial law no longer is included in it.

They created a lot of colonies in Baja, mostly Ensenada to San Quintin Area and La Paz and Los Cabos were covered by Colonial titles.

Since they created colonies to colonize the land, the law, obligate the colonial to live and work, the received for free land; but, to acomplish its goals, the law obligated them to permanently live there and report land exploitation at least every year; you were unable even to change the kind of plant you were growing, you had to ask permission to make any change and if you failed to do it or report for 3 years, the rights that the title gave you, simply disappeared.

Most of Baja´s colonies just disappeared because they were abandoned and the land never were exploited and the colonials of course never reported the exploitation; but many wise guys, simply registered the titles as private property at the local public registry, were of course the registrars were to ignorant to note any difference with normal titles and that was exacerbated by the fact that the Colonial titles say on them PROPERTY TITLE and then is small print they say, under the Colonial Law were all the conditions to exist were expressed.

That fact actually mean that Colonial titles are never a solid private property right, it was a conditional right, that existed only, while you fulfilled all the conditions specified in the Colonial Law and actually disappeared as soon as you stopped fulfilling the conditions.

The land use right disappeared, but the anotation on the Public registry did not because it should hve not be there from the start or appear with the warning anotation, but nobody cared to annotate that it was only a conditional right or that it existed only as long as the conditions were fulfilled.

To sell one of those rights, it was not the same as with a private property title, that you just went to the public notary and state that you wanted to sell and the other party to buy; with Colonial Titles, the Colonial law order a special procedure. You had to bring the buyer with you to the Agrarian Department and make the contract there with the SRa as part of the contract, after demostrating that you always fullfiled the conditions specified in the Colonial law; then your title was voided and a new Colonial title was issued to the buyer and that mean, that you cannot simply go to the public notary to sell land coming from a Colonial title and if you do it, the act was nil under the law and the public notary must know that.

But of course the public notaries and public registrars in Baja didn’t do it that way, they simply started to create a title chain, where people just sold and bought land based on Colonial titles, but tiles that were voided long ago; after all, nobody cared about Baja then.

Now, tell me, can you legally buy land that at the bottom of the title chain is grounded on a Colonial title that no longer exist or has any legal effect, what right are you buying???? Nothing, zilch, zero, nix, but you can find that kind of property transactions all over Baja and the funny part is, that some of them have American title insurance.

Here a fact that confuses people, is a difference in Mexican and American law and as a matter of fact, with all countries under England based law; it is a Napoleonic remembrance; in Mexico the Public Registry IS NOT an irrefutable proof of land ownership by itself, while in USA, Australia and England, IT IS a land ownership legal irrefutable proof.

In Mexico, it is only a partial legal proof that need and absolutely need, other partial legal proofs to constitute an irrefutable legal proof; mostly it has to be supplemented with the Agrarian Public Registry, demonstrating that your land is no part of an Ejido, or the National property Registry that prove that your land is not National property; but of course, it is an obligation for a Public registrar and a public notary to know that and check on those, before allowing a sale, but in Baja, they just conveniently forget about those formalities.
It is the old fact, that in Mexico you have to demonstrate that you are innocent and considered guilty until you prove your innocence. In this case you have to demostrate that your land does not belong to some ejido or the Nation before it is acepted that it is legally yours.

[Edited on 6-18-2011 by ramuma53]