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d-train
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Gangster tactics employed by a landlord in El Socorro
This is the same community (also known as El Socorrito) where an American couple was murdered in August 2020. In a creepy twist, one of the killers
(now in custody and part of the family of the land owners) broke into our house and stole a few things, including a cooler the same night he stabbed
the American couple in their bed. If it wasn’t for covid problems, I would have been there, at that exact time, with my wife and kids during the
month of August.
In the 1980s, my family leased this land that had a tiny, rundown shack. We remodeled it and doubled its size. Then, literally with bricks made from
the sand right there, we constructed a beautiful home. My aunt, an artist and a gardener, spent every day for over 2 decades turning the desert around
the homes into beautiful oasis. We hired all locals, always. The results are stunning. And therein, may ultimately be the problem. The property is one
of the nicest for miles and miles.
The original land owners (whom we signed the lease with and were lovely people) have passed. One of their daughters now runs the community; lets call
her the landlady. Her boyfriend (presumably at the encouragement of her) and his accomplices recently severed the electricity disabling the security
cameras, broke into our homes, looted what they wanted, changed the locks, and are now occupying the property. Multiple attempts to access the
property have failed in the face of an overwhelming and aggressive stance by the land lady, her boyfriend, and their accomplices.
Why is this happening? During failed lease renewal discussions over many years, one evening, while sitting on veranda, overlooking the ocean, watching
the sunset, the landlady told my wife and I, quite precisely, “Mi padre me prometio esta casa. Tu casa pronto sera mia.” (My father promised this
house to me. Soon it will be mine.) This moment is seared in my memory. My wife and I are fluent in Spanish. There was no misinterpretation.
We currently have good legal representation, a well considered legal strategy, plus solid documentation (contracts and more with inescapable clauses).
We anticipate taking back possession of the property very soon with assistance of local authorities.
The obvious question is, “Then what?”
Certainly I need someone living at property full time. Someone with the temperment to handle the unknowns of the months ahead. Plus manage some
handymen types to fix the damage done the property in the last week. Does that person exist? If so, by divine providence or a DM to me, show
yourself :-)
If not, my options are limited.
I’m leaving out so many other details, but I need to stop typing now. Fingers done…
Further Reading on this Topic:
This thread looking for a housesitter for my family’s house reference above.
BajaNomad thread
This thread on Talk Baja.
Thread on Talk Baja facebook
[Edited on 1-31-2021 by d-train]
[Edited on 2-1-2021 by d-train]
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mtgoat666
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Sounds like the entire neighborhood is threatened by evil people, and it is hard to run the people out of town when they own the land and are a gang
that outnumbers the resistance,... bad situation.
If the justice system won’t control evil, then vigilante justice may be the answer.
The problem with Mexico is the government and justice system are disfunctional and do not provide for stable and reliable economic system.
Can it be fought in the courts? Maybe, but will take years... Sometimes you just need to walk away, or seek justice/vengeance in non traditional
ways.
Woke!
“...ask not what your country can do for you – ask what you can do for your country.” “My fellow citizens of the world: ask not what America
will do for you, but what together we can do for the freedom of man.”
Prefered gender pronoun: the royal we
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BajaBlanca
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Honestly, my gut tells me you should walk away, as awful as difficult as tremendously sad as that is.
We have a good friend who leased land in Mulege and also lost all his investment in his house. Exact same scenario: parents died, kids took over.
They doubled the rent and he walked away.
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advrider
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Tough situation. Not sure I would ever feel safe living back in the house with any of these people around. If I had to walk away from the house I can
say there would be nothing left for them to enjoy but a big pile of nothing, that's for sure.... Hope it works out some how some way.
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surabi
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I would hardly characterize this as gangster tactics. Maybe her father did promise the land to her.
Why would you build a house on leased land? It would never enter my mind to build on a piece of property I didn't legally own. Sorry, but that's just
foolish.
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willardguy
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Quote: Originally posted by surabi  | I would hardly characterize this as gangster tactics. Maybe her father did promise the land to her.
Why would you build a house on leased land? It would never enter my mind to build on a piece of property I didn't legally own. Sorry, but that's just
foolish. |
well I would, and I did, along with dozen's, hundreds, thousands of others that just want a simple vacation home or a full time place. I and many
others did with nothing but a handshake from the property owner. just remember the the rule don't invest more than you're willing to walk away
from.....guess we're all fools huh?
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mtgoat666
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| Quote: Originally posted by surabi | I would hardly characterize this as gangster tactics. Maybe her father did promise the land to her.
Why would you build a house on leased land? It would never enter my mind to build on a piece of property I didn't legally own. Sorry, but that's just
foolish. |
Thugs. Gangsters. Gang. Totally.
Woke!
“...ask not what your country can do for you – ask what you can do for your country.” “My fellow citizens of the world: ask not what America
will do for you, but what together we can do for the freedom of man.”
Prefered gender pronoun: the royal we
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pacificobob
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i doubt that anyone who builds on leased land lacks an awareness that rent usually increases over time. unless you are living in a declining area.
i think many keep the investment small enough to walk away from.
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BajaTed
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Tell the b-tch your gonna burn the place to the ground or take it apart brick by brick. Say the lease said to leave the land the way you found it.
I've heard of this "back @ you" approach in other lease disputes such as yours. Realize in the end they want your place for themselves.
Es Todo Bueno
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d-train
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I've been on a internet binge over the weekend, posting to forums and putting a spotlight on this situation. I'm currently in Baja navigating the
legal system, following the lead of my attorney, well except for some rogue moves.
Honestly it's a bit lonely, this struggle right now. The rest of my life is on hold while I process this. I sincerely appreciate all your comments. I
lay awake most nights playing out every scenario in my head from walking away on one hand, to tearing it down on the other, and everything in between.
My gut feeling tells me I have to make the final decision in the next few days. I'll let you know the outcome.
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BajaMama
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This is horrible to hear, sounds like a no-win since she is already living in the home you built on the leased land.
Out of curiosity, does a Fideicomiso protect from this type of theft?
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Mulege Canuck
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This is a common problem. I would walk away. Before you do that, call any Mexican friends you have and strip everything out of the house of value
and give it to them. A similar situation occurred in Mulege a few years back and that is what happened there. That development still looks like a
ghetto as no one will invest there.
No matter what anyone says, nothing is a stable investment in Mexico. Having said that, I love it in Mulege and I have a little shack there. However
I spent very little on it and I am prepared to walk away if I had to. It might be more difficult for you to do if you have invested a lot of money,
but I would still recommend it.
I am sorry about what happened to you.
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motoged
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Are people currently residing in the house full time? If so, is the house vacant for short periods of time? How close are other houses/people to your
building?
Oh.....and how much is 2 gallons of gas and a Bic?
Don't believe everything you think....
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BajaTed
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Somehow the fear of god needs to be brought to the table.
https://www.sandiegouniontribune.com/news/public-safety/stor...
Es Todo Bueno
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del mar
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"It is easy To Murder in Mexico without ever setting a foot in jail.
Or at least that’s what the numbers say: for every 100 cases of murder, only 5 result in a prison sentence for a perpetrator."
be thankful for all the wonderful years and memories and get the hell out of there!
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LancairDriver
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Hiring an attorney in Mexico usually only adds to your expense and stress level and goes nowhere. Hire a local with an excavator to level the house
and let him have anything he can salvage from the house. Tell him you are clearing the lot to build a nicer house. Don’t forget to send the landlady
Christmas greetings every year.
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RocketJSquirrel
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Leased land is leased land. If the owner of land does not wish to extend the lease, you really have no recourse.
Talking tough and threatening people who might kill you, as suggested above, doesn't seem wise.
If you don't own the land, you don't own it. I too, don't own the land my (figuratively speaking!) house is on. But I quite understand that things
can easily change and at some point I may need to move on. I have made sure my potential "widow" owns property in the States that will provide for her
if things go bad.
Fighting it out will only enrich the lawyer (Hell, they don't mind!) and possibly endanger you and your family.
A lease is a lease. You can control the land until it expires (maybe). But under your current circumstances, I am not sure I would stay except to see
if a bluff of some sort might work. I would not want to have to wonder what that strange noise in the night is. Or... fine for me, but I don't want
my wife to have to worry about it. I have a responsibility to provide a safe and comfortable situation for her. Manly d*ck-banging on a table to prove
my manhood, thinking it may scare away these thugs, does not provide that.
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RocketJSquirrel
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The OP also wrote that he had: "contracts and more with inescapable clauses"
Land leases expire. There is no escape from that issue.
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bajaric
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To the OP, what do you hope to get out of this? Do you really want a vacation home there?
Looking at the FB post, it seems that if the landlord decides not to renew the lease they must provide some sort of compensation for the tenant
improvements. I would go through the motions of filing the court documents, though the saying "Getting blood out of a stone" comes to mind, as well
as making enemies of some apparently not so nice people.
Soon, the daughter will not have any cash flow. Who would want to lease a lot there, other than people with trailers who can take their homes with
them, unlike you. Maybe someday cooler heads will prevail and you might get another lease on you little piece of paradise.
Or, watch it go up in flames in the rear view mirror --
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mtgoat666
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The current landlord has revealed their true evil nature, and they are not going away. You will have to leave this property for your own peace of
mind. But you should first regain possession, then bulldoze or burn the place to the ground on first day of repossession.
The evil landlord must be prevented from profiting from crime.
Even if you regain control of property, the evil family will still be there, lurking and plotting....
Woke!
“...ask not what your country can do for you – ask what you can do for your country.” “My fellow citizens of the world: ask not what America
will do for you, but what together we can do for the freedom of man.”
Prefered gender pronoun: the royal we
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