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ramuma53 - 7-16-2010 at 09:29 PM
This email has just been sent.
NELLIE HUTCHISON
OWNER AND BROKER
Dorado Loreto
Mrs. Hutchinson, on Bajanomads the people just raised this to my attention http://forums.bajanomad.com/viewthread.php?tid=38204&pag... and since it is a scam, I ask you to suspend any offer on that property, please
check www.munoz-industries.com/proof.htm to see the legal property papers byt if I do not see the add disapear as soon as possible I will be obligated
to bring you to court as an accesory to commit fraud.
please contact me if you need more information because I have all kinds of proof of property coming out of Federal and Agrarian court.
Thank you for your attention and I will be checking on your webpage to see if the offer is dropped.
Rafael Muñoz Martinez
San Buenaventura Hotel Owner including the lot you show as on sale.
ramuma53 - 12-17-2010 at 09:59 AM
I believe I am identifying myself on my emails, I am Civil Engineer and attorney at law Mr. Rafael Muñoz Martinez, San Buenaventura hotel and lot,
legal owner by a Federal Title, I am also owner and CEO of CUGAG S.A. de C.V. and DPS S.A. de C.V. Mexican development companies and also FORUS
development Co. Inc. a Nevada corporation´s CEO, the group is known as Munoz Industries URL www.munoz-industries.com and www.hotelsanbuenaventura.com .
· Concerning you not knowing what we are talking about, everywhere I look, Amala come under your offering, and you just answered my email
asking for information with:
15-Dec-2010
Hello,
I personally cannot think of a better place to invest for maximum appreciation, not to mention a place to retire or spend your vacation time. All of
our clients have benefited by having a portion of your investment portfolio in property in Baja. It seems to be a much better investment than the
stock market. Investments along the East Cape continue to outpace most investments in the states. If you have funds to diversify the East Cape may be
a great option. Please contact us for any questions you may have regarding investing in Baja.
Sincerely,
Jeff
Jeff Niemi Broker
Jeff Niemi
Email Jeff
Phone:
760 494 7381
Business:
011 52 624 124 8078
Cell:
0115216241642859
Fax:
011 52 6241248088
Visit our website at http://www.bajabeachinvestments.com/
Don't forget do book your travel through www.amigodiscounttravel.com for the best airfare, rental cars, and lodging in Mexico and the US.
---------------------------------------------------------------------------------------------------------
Where clearly you are offering for sale lots on a non existing land development that has no legal property rights or is registered at the public
registry and that is called in Mexico intent to commit fraud and similar to fraud ¨Fraude Equiparado¨ with a 6 years jail sentence penalty, and please
do not misunderstand me, I am not threatening you, I know you do not need that becaue you know your business, I am explaining to you, as an attorney
at Mexican law, the criminal responsibility of this act, that I believe, you are committing without intent and being missleaded by people you think
are honest people.
I am very well established at the Bajaforums where you can find me as ramuma53 where I try to help Americans not to fall for this kind of scams, that
certainly you know, hurt you and me the same.
For your information, I investigated the Mario Pani story and put it n the forums and since then 2009, we never heard from them again until your
offerings came up and were brought to my attention, by the bajaforum´s people.
Mario Pani supposed rights supposedly came from a National land claim in 1961 under the name ¨Yates y Turismo S.A. de C.V.¨ but they never paid for
the land to the Federal government and the claim was dropped in 1967 with no title issued at any time, it was only a claim that never went through and
in a legal consequence, no property rights were transffered to them at any time.
Then in 1972 I claimed the same land but not the same lot, mine is almost 1000 Has. I received official premission to ocupy the land and the
procedure and federal investigations went through for 20 years, where Pani never made a claim or objection (prescripcion) then in 1985 a first
provisional title was issued to me and then in 1992 a full title was issued by the Federal government after I paid for the land, the title was filed
by the Federal government at the Santa Rosalia Public Registry, cadastral numer issued and predial taxes paid since then by me.
Then Ejido la Purisima made a claim on the Agrarian Tribunal in La Paz in 2004 and then after being informed by all kind of Federal authorities about
my title and claim legality, they dropped the case and offered more land for sale to me and we never heard from them again, but for them, the most
convincing evidence I presented at Agrarian court, was their own signature and official ejido seal, where they approved my land limits during my
Federal procedure in 1985.
Also Maria Olivia Higuera Aguilar denounced my title as false and a Federal Police investigation started with a lot of media coverage; the Federal
District attorney never went to court with the case, because during the preliminary investigation, it was proved beyond legal doubt by the Federal
Government itself, that they had legally issued my title and I can tell you that at this time, Olivia Higuera Aguilar have a confirmed 6 year jail
sentence in Federal prison.
So you see, I am already well initiated in the defense of my property, the authorities already have all the investigations needed to establish the
authenticity of my property rights and I am well furnished to start a criminal case against anybody who try to steal it.
I am in no way the kind of people who hide facts, even legal facts, so if you have any question, on court case numbers, please feel free to ask it,
but you will see in Bajaforums that they have already subjected me to the worst questions I have ever seen in a public forum and I convinced most of
them while I do that, because I know, that to do a business in Baja, you need to have credibility with the American population living here and they
are by no means naive, they know Mexico and people like Pani, who try to get profit in an illegal way, based on his father´s reputation as one of the
best Architects in Mexico.
I hope I answered you questions and please drop that offering, because it demerit your professional act in Baja.
ramuma53 - 12-17-2010 at 10:09 AM
Mr. Jeff Niemi
You being a realtor working in Baja, with baja properties for American people, you are telling me that you do not check what you offer for sale on you
web site under your name??? because you are offering for sale under your name illegal land development mexican land lots and that is a felony also.
Please you are going deeper, just save yourself a lot of legal troubles and dropp the add.
----- Original Message -----
From: Jeff Niemi
To: Rafael Munoz
Cc: Zenteno
Sent: Friday, December 17, 2010 9:26 AM
Subject: Re: East Cape is on Fire
First of all, this is not my listing. Our website includes other brokers listings and we do not police or required to follow up on other brokers
listings. If you provide the listing number you are referring to I can direct you to the person that actually listed this property. Before I do that
you need to provide some proof of who you are as I only know you have an email address at this point.
Jeff
Skeet/Loreto - 12-17-2010 at 11:26 AM
For general Information:
I f youare going to deal in property ,buying or selling for yourself there is only one way to do it Properly:
Get a nortoria in La Paz and have him present it to the Supreme Court clerk. The clerk will issue a report and instuct the buyer of sellor the Proper
way to get the Correct Title.
Skeet
ramuma53 - 12-19-2010 at 04:33 PM
Sorry but that is the way problems started, by trusting Public notarys or their clerks.
One of the main problems we find in Baja is that we find different kind of titles.
Ejido full ownership titles: they say full ownership, but it does not mean they can be sold like private property just ike one, you have to follow a
very difficult agrarian procedure to turn that in to private property title, and then you can have a real fideicomiso that protect you, so, do not
pay untill the land is taken out of ejido land and turned in to a private property, the full ownership only mean they are now allowed to do it, not
that it is already done.
Colonial titles.- Very common on Ensenada, San Quintin, La Paz and Los Cabos.- The documment say Titulo de propiedad, but it is not, you will find in
the fine print that you have to obey the Ley de Colonias or Colonial Law and that mean, that you had to have the title under your name, belong to a
workinng Colony, obey all the Colony rules, be a mexican who live in the Colony and report the land explotation every year to the SRA, disobey any of
those and it disapeared, no more property rights.
Also, they no longer exist since 1994 and that mean, that nobody can be covered under one of those titles anymore since 1994, they were exchanged in
1994 for Full property titles and anyone who stilll is under a colonial title, does not have any right, because only the ones that were working as
proecribed, were exchanged, all the other ones that were in the public registry and not obeying the Colonial law, were void and that mean that any
valid colony title were exchanged for National titles and the ones that weren't do not exist, so if you find a property covered by a colonial title,
it means that it is not a valid one and does not represent the property rights, even if it is in the public registry and a Public notary say that he
can put the property under your name, like Mavaria in La Paz, a property that is covered by title insurance, and do not have any property right, so do
not trut any of those.
National land titles, those are the ony real titles, the Mexican costitution say that every property has to have one of those, as the first title,
because the constitutions say (Art. 27 fracc. XVIII) that all land inside of Mexico belongoed originally to the Nation and if it does not come out
from the National dominium through a legal National Land title, it is still National Land not affected by time or any legal action.
That mean, that every file in the public registry has to have a National land title as first page (they do not, only a few does), if it has an order
by a judge or any other legal action, it is void and does not give you any property right, just llok at the Rosarito Beach problem at Punta Banda,
where a lot of Americans lost their homes, and they lost them, because they bought from an Ejido and against a National Land title, it took years, but
the National land title won and they always do.
So, advise.- Do not trust anybody or public offical or mexican attorney, most likely they do not know all the complexities about land titles, go and
make what they call the devil's test, look at the property's file untill you find the first documment and see if it is a National Land title (Titulo
de Terrenos Nacionales), not something that look like it or issued by any local or state government, do not accept excuses or buts or ifs, if you do
not find one of those, just walk away, they may give you a lot of excuses and say that the one they have is the same or works the same or that they do
not need it because a judge gave it away or any excuse, or First legal action is a National Land tile or nothing; no way arround that, it is the
Mexican Constitution and nothing can go arround that, not even if the Governor himself tell you that there will be no problems (That happened in
Ensenada at Punta Banda).
If you just go and ask a clerk on a notaria, they may say that yes, you can buy that property right, but it does not mean that the property right you
are buying is the real property right, it may be a voidable one; only the existence of a previous National Land tile can asure you that the sale is
legal.
DO NOT TAKE ANY EXCUSES, TO DO THAT, IS THE CAUSE OF A LOT OF PROBLEMS AND TE MISSTRUST AMERICANS HAVE ABOUT BUYING POPERTY RIGHTS IN MEXICO.
They have had problems because they don not act carefully as you do in America, just do the same you would do in America, ask for all the documents
behind the Notary writings untill you find a National Land tile or just walk away if they give you excuses or try to convince you other way or say
that in Mexico you can go arround everything, it is not true.
ramuma53 - 12-19-2010 at 04:42 PM
By the way
Thanks Realtor Mr. Jeff Niemi
He took away all the Amala listings as fraudulent, so do not let crooks fool you, be informed and ask all the right questions, if they do not answer
them, be careful.
Skeet/Loreto - 12-19-2010 at 04:58 PM
I disagree with you completly!!
I bought and sold property for 16 years around Loreto. Used a very good Notoria each time and Never, Never had any problems.
I am beginning to think that you may have some problem,s becasue of Who you Are. have you been in trouble before??
For New People wanting to buy in Baja Sur. Get a Known Notoria in La Paz and let them handle it completely.
Skeet
ramuma53 - 1-12-2011 at 07:16 PM
fine with you disagreeing
maybe you are one of the fortunate ones, but to be sure you are ok, make what is known as the devil test.
Go to the public registry and see your inscription and then go back and check the precedents untill you find the first one.
That one has to be a National land title or if it comes from an ejido, there must be an offcial authrization by the SRA to sell the propoerty
if you find any other document, like court order or a colonial title, your property is a time bomb.
Colonial tuitles are all void and do not give any property right.
just check the 27th article of the Mexcican constitution, all the land inside the Mexico borders si originally National land and to take it out, you
need a legal title and the only legal titles for National land are National land titles, no way arround that
wessongroup - 1-12-2011 at 07:29 PM
ramuna53... thanks for the education, and the "real" document which one can hang their hat on for TRUE ownership of the "site"...
The "concept" the all land belongs to the "Government of Mexico" is one which I don't think gets enough "press" and it is fundamental in understanding
real estate transactions in Mexico..
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