BajaNomad

Rancho Ensenada evictions

elgatoloco - 2-20-2009 at 04:20 PM

PRESS RELEASE Feb.19,2009


With all the violence reported recently in Baja California now comes the eviction of over 100 American families from Rancho Ensenada Community Park on the Bay of Todos Santos.

The 100 families have become a pawn in a legal battle between Mexico�s third largest selling Tequilla Distillory and the famous name of Hussong. Since 1962, the land in question has been managed by the Walter Hussong family and an agreement with the Oredain family, the owners of the property. Through several generations, all seemed well. However, recently the Orendain family sued the Hussong entity to dissolve the alleged lifelong management agreement. The Orendain Corporation won its victory in court just last week, when a Mexican court ruled the Hussong family must return management rights to the corporation.

Residents of Rancho Ensenada, some who have lived there thirty years (30) have an existing 10 year lease with the current management company. These homes are not just trailers like the ones established in 1962. These are mobile homes with casitas attached. Some are two stories measuring two thousand square feet with all the amentities of a gated retirement community. Residents pay for yearly home and car insurance, many have FM-3 residency cards.

For the past twelve months, the Orendain attorneys have met with the home owners, indicating they would be willing to renegotiate contracts with them once the court decision was made in their favor. Now comes an announcement that the Orendain corporation, victorious in its court battle, has actually sold the land to the state of Baja for an undisclosed amount of money. The state wants the land to extend a highway along the beach to alleviate heavy truck traffic though downtown Ensenada.

Residents were informed last night, Wednesday, they have until February 23, next Monday to get out, evicted by the state of Baja. No compensation, no extension of time. Attorneys representing the home owners say the current lease is a binding agreement but the state has refused to acknowledge those documents. The State has refused to even talk with the residents or their attorneys. Orendain attorneys are no where to be found.

Residents stand to lose their homes not to mention thousands of dollars in household goods, appliances and furniture. If the state of Baja is concerned about recent negative publicity involving murder, beheadings, kidnapping, and extortion, they only have to look in its own backyard policies of greed and total disregard to residing Americans. The residents are pleading with the US consulate in Tijuana for intervention, anything to gain time so they can pack up and leave in a timely manner.

(more)

Clint Houston-xxx-xxx-xxxx (Texas)
Gail Thompson-xxx-xxx-xxxx(San Diego)
Barbara Bennett-xxx-xxx-xxxx (Ensenada)
Victoria Petrovich-xxx-xxx-xxxx(San Diego)

The above are all long time home owners in Ensenada available for interviews.

The GPS location of the gated community on Google Earth is;
31 N 45�52. 12 N ---116 36� 24.33 W

Attorney representing Orendain in Ensenada-Hector Gonzales Leon.
Attorney representing Home Owners in Ensenada Carlos Cota

US Consulate Tijuana 011-52-664-622-7400 Carlos Berra.
First Court Ensenada, Judge Salvador Riosevela


edited by spiderman to remove home phone numbers of the long time residents who are available for interviews :saint:

[Edited on 2-21-2009 by elgatoloco]

fishbuck - 2-20-2009 at 04:27 PM

Quote:
Originally posted by elgatoloco
PRESS RELEASE Feb.19,2009


With all the violence reported recently in Baja California now comes the eviction of over 100 American families from Rancho Ensenada Community Park on the Bay of Todos Santos.

The 100 families have become a pawn in a legal battle between Mexico�s third largest selling Tequilla Distillory and the famous name of Hussong. Since 1962, the land in question has been managed by the Walter Hussong family and an agreement with the Oredain family, the owners of the property. Through several generations, all seemed well. However, recently the Orendain family sued the Hussong entity to dissolve the alleged lifelong management agreement. The Orendain Corporation won its victory in court just last week, when a Mexican court ruled the Hussong family must return management rights to the corporation.

Residents of Rancho Ensenada, some who have lived there thirty years (30) have an existing 10 year lease with the current management company. These homes are not just trailers like the ones established in 1962. These are mobile homes with casitas attached. Some are two stories measuring two thousand square feet with all the amentities of a gated retirement community. Residents pay for yearly home and car insurance, many have FM-3 residency cards.

For the past twelve months, the Orendain attorneys have met with the home owners, indicating they would be willing to renegotiate contracts with them once the court decision was made in their favor. Now comes an announcement that the Orendain corporation, victorious in its court battle, has actually sold the land to the state of Baja for an undisclosed amount of money. The state wants the land to extend a highway along the beach to alleviate heavy truck traffic though downtown Ensenada.

Residents were informed last night, Wednesday, they have until February 23, next Monday to get out, evicted by the state of Baja. No compensation, no extension of time. Attorneys representing the home owners say the current lease is a binding agreement but the state has refused to acknowledge those documents. The State has refused to even talk with the residents or their attorneys. Orendain attorneys are no where to be found.

Residents stand to lose their homes not to mention thousands of dollars in household goods, appliances and furniture. If the state of Baja is concerned about recent negative publicity involving murder, beheadings, kidnapping, and extortion, they only have to look in its own backyard policies of greed and total disregard to residing Americans. The residents are pleading with the US consulate in Tijuana for intervention, anything to gain time so they can pack up and leave in a timely manner.

(more)

Clint Houston-713-520-6963 (Texas)
Gail Thompson-619-282-6792 (San Diego)
Barbara Bennett-925-262-8361 (Ensenada)
Victoria Petrovich-760-497-8241(San Diego)

The above are all long time home owners in Ensenada available for interviews.

The GPS location of the gated community on Google Earth is;
31 N 45�52. 12 N ---116 36� 24.33 W

Attorney representing Orendain in Ensenada-Hector Gonzales Leon.
Attorney representing Home Owners in Ensenada Carlos Cota

US Consulate Tijuana 011-52-664-622-7400 Carlos Berra.
First Court Ensenada, Judge Salvador Riosevela


It's like an eminent domain issue. But is a terrible thing for the people.
I know Orendain. I bought my property from him.

DENNIS - 2-20-2009 at 04:31 PM

This is incredible. I have friends who live there and have forever. Well....here we go again with another Punta Banda type expropriation and for those inclined to do it, please spare me the "right and wrong" of it all.

probably right

Dave - 2-20-2009 at 04:42 PM

Quote:
Originally posted by fishbuck

It's like an eminent domain issue. But is a terrible thing for the people.
I know Orendain. I bought my property from him.


The property being sold to the state likely trumps the lease. Sounds like compensation, if any, will come from the originating lessor.

fishbuck - 2-20-2009 at 04:46 PM

I don't think this is at all like Punta Banda.
The state wants the land to continue the road.
What would happen here in the US if the government want land for a road?
But it does seem that they are owed money for the impovements on the land. But it is a trailer park.
I'm not defending Orendain but I doubt he had any choice but to accept the offer from the state to buy the land.
And the people who live there have known for years that the road would be continued through there.
But still I do feel bad for those people. I hope they have a good attorney.

DENNIS - 2-20-2009 at 04:54 PM

Quote:
Originally posted by fishbuck
I hope they have a good attorney.


Lawyers will line up to take the case but, they don't have a leg to stand on. Hussong had a Tourist Camp on the north end of Ensenada and the same thing happened there ten years ago. He gave the tenants one year and they paid lots of attorneys fees but, a year later the bulldozers were at their door. Bye Bye.

Doubt it

Dave - 2-20-2009 at 04:58 PM

Quote:
Originally posted by fishbuck
But it does seem that they are owed money for the impovements on the land.


If they are owed it is for the remainder of the lease term. The improvements would naturally revert to the property owner.

real estate nightmare

nancyinpdx - 2-20-2009 at 05:05 PM

I want to buy real estate in Mexico. Prices in Merida and the Progreso area seem especially good right now. I am a lil scared, though. But we seem to hear more real estate horror stories from the baja. Sorry this happened. I hope they get some kinda compensation but I doubt it.

fishbuck - 2-20-2009 at 05:05 PM

An owner in San Quintin had a lease with Orendain. The lease did not get renewed and Orendain paid $150.000 for the house to the owner.
So I think the owner is obligated to pay for improvements to the propery. But a trailer park may not be the same.

Bajahowodd - 2-20-2009 at 05:08 PM

Obviously, these were leases. can anyone fill me in as to whether having a fidecomiso would insulate, or at least require compensation?

DENNIS - 2-20-2009 at 05:12 PM

Quote:
Originally posted by Bajahowodd
Obviously, these were leases. can anyone fill me in as to whether having a fidecomiso would insulate, or at least require compensation?


They had rental agreements, at best. Just like all the other beach camps. Half of the tenants were probably illegal and they couldn't even defend themselves if they had a defensible position but, they don't. They're gone.

DENNIS - 2-20-2009 at 05:14 PM

Matt.....Where did you find this report?

fishbuck - 2-20-2009 at 05:27 PM

Quote:
Originally posted by Bajahowodd
Obviously, these were leases. can anyone fill me in as to whether having a fidecomiso would insulate, or at least require compensation?


My guess is the fido would offer the same protection as an owner.
In the fido the title is in the bank trust. I would imagine that the state would have to buy the property from you just like they did with Orendain.

elgatoloco - 2-20-2009 at 05:39 PM

Quote:
Originally posted by DENNIS
Matt.....Where did you find this report?


It was sent to me from a good friend who knows I have a house in Baja. After I posted it I thought I would look for more info. After not coming up with anything I called him to ask where he got it. Turns out he is dating a woman who is a member of Campo Minuteman and it was sent to her as an e-mail alert and noted as being from "a confidential source" and that it is a "press release from some of the homeowners in Ensenada".

Bajahowodd - 2-20-2009 at 05:43 PM

Nothing better than an unimpeachable source.:no:

Moot point

Dave - 2-20-2009 at 05:49 PM

Quote:
Originally posted by Bajahowodd
Obviously, these were leases. can anyone fill me in as to whether having a fidecomiso would insulate, or at least require compensation?


You don't get a fidecomiso with a lease. The property does not change hands.

elgatoloco - 2-20-2009 at 05:52 PM

Quote:
Originally posted by Bajahowodd
Nothing better than an unimpeachable source.:no:


Here's hoping it's all a vast right wing conspiracy to drum up donations and interest by the brave Americans valiantly guarding our border in Campo and "Doing for our country what our governement won't" :rolleyes:

Hopefully the residents of Rancho Ensenada will be able to live out their golden years in peace and quiet in the beautiful suburbs of Ensenada. :dudette:

mtgoat666 - 2-20-2009 at 06:38 PM

Quote:
Originally posted by elgatoloco
Quote:
Originally posted by DENNIS
Matt.....Where did you find this report?


a member of Campo Minuteman


whoa, there's a cross-threaded right wing nut !!!! :lol:

the moral of the story, never park more than a trailer on leased land, and keep the tires and hitcch attached to the trailer; will they never learn?

Packoderm - 2-20-2009 at 06:40 PM

It looks like just another black eye for future real estate transactions in Baja. Bad news for would be sellers. It's a good (terrible) way to turn the entire coast into nothing but a string of trailer parks. I for one would never invest in vertical real estate in Baja, and my attitude towards this becomes more cemented with each addition real estate crisis.

Why?

Dave - 2-20-2009 at 08:11 PM

Quote:
Originally posted by Packoderm
It looks like just another black eye for future real estate transactions in Baja.


This has nothing to do with real estate. These were renters.

bajaguy - 2-20-2009 at 08:28 PM

Mobile homes have wheels on them for a reason. As soon as they started to widen that road, I would have made plans to pull up and move out....if it didn't happen, great.....but be prepared.......

BajaNomad - 2-20-2009 at 09:05 PM

http://www.americanpatrol.com/MISCNEWS/2006-UP/MEXICO/BCN/BC...

Packoderm - 2-20-2009 at 09:15 PM

Quote:
Originally posted by Dave
Quote:
Originally posted by Packoderm
It looks like just another black eye for future real estate transactions in Baja.


This has nothing to do with real estate. These were renters.


Did any of them build anything? If not, and it's only trailers involved, then it might be less of an issue. If there were ten year leases and buildings involved, then we have something different.

bajabound2005 - 2-20-2009 at 09:19 PM

Our current neighbors in Rancho Packard left Rancho Ensenada many, many years ago because the "road was coming through". They commented only a few weeks ago how surprised they were it had not yet happened. This cannot be a surprise to the tenants in Rancho Ensenada....just like it was no surprise in Punta Banda ---where it had been in litigation for years and years....

bajaguy - 2-20-2009 at 09:30 PM

Quote:
Originally posted by bajabound2005
Our current neighbors in Rancho Packard left Rancho Ensenada many, many years ago because the "road was coming through". They commented only a few weeks ago how surprised they were it had not yet happened. This cannot be a surprise to the tenants in Rancho Ensenada....just like it was no surprise in Punta Banda ---where it had been in litigation for years and years....





Eggs actly!

Dave - 2-20-2009 at 09:36 PM

Quote:
Originally posted by Packoderm
Did any of them build anything? If not, and it's only trailers involved, then it might be less of an issue. If there were ten year leases and buildings involved, then we have something different.


Building anything on leased land don't make it 'real estate'. It's personal property and if not stipulated in the lease or can't be removed then typically reverts to the landowner. This ain't just in Baja but also in the States.

fishbuck - 2-20-2009 at 09:41 PM

You can be very careful about land purchases and still end up with a problem.
The Orendain family recieved the land from the government in a land grant in 1957. Seems solid right?
I recieved info that there is a case against Orendain where I bought my land. I have an attorney too. Whenever I ask him about the land he says everything is okay.
When I asked Orendain he got angry. He stated that it's all lies and designed to hurt his ability to sell the land there. And that the people involved are squaters.
Seems that some fishermen claim to have historic rights to the land but I have not been able to substantiate it.
It's a little unnerving. At this point I don't believe it because I can not get anymore info about it. But still...

vacaenbaja - 2-20-2009 at 09:57 PM

Chavez Ravine South

fishbuck - 2-20-2009 at 10:02 PM

Quote:
Originally posted by vacaenbaja
Chavez Ravine South


Why are the Dodgers moving to Ensenada?

bajabound2005 - 2-20-2009 at 10:13 PM

the dodgers? Didn't the Marineros take the pennant last year? That would be the ENSENADA Marineros!

[Edited on 2-21-2009 by bajabound2005]

shari - 2-21-2009 at 07:57 AM

There are problems all over baja stemming from land that was "given" to people from the mainland in hopes of populating the peninsula. Problem was that they gave strangers land that had been lived on for several generations...similar to native rights issues.

For example San roque was a village for several generations but now there is a "situation" where an ejido is claiming it is their land and wants to sell it...so this is in a legal battle at the moment which is cool because it keeps san roque wild. So beware of buying in san roque!

But it is a problem for those who have homes there....it "belonged" to the cooperativa but the ejido wants them to buy it and well...there just isnt money to do that and they feel it is theirs anyway...es un pedo...mucho problema.

bigboy - 2-21-2009 at 08:36 AM

By using the coordinates posted, the location is about 0.75 miles east of Tony's fish camp near the estero. Is this correct? Looks like undeveloped land to me!

DENNIS - 2-21-2009 at 09:05 AM

Quote:
Originally posted by bigboy
By using the coordinates posted, the location is about 0.75 miles east of Tony's fish camp near the estero. Is this correct? Looks like undeveloped land to me!


Seems not much in the report is correct, Larry. At least, nothing has been verified.
Remember the Tigers Cave restaurant in south Ensenada? Rancho Ensenada is one block south of there. It's been there since the beginning of time.

There is another Rancho Ensenada which may come up in a Google search. It's a guest facility on/off the road to San Filipe about five miles east of town. It's a really neat set-up with a very rustic pitch'n putt golf course, swimming pool , bar and rooms...all available on reservation. Unfortunatly, the place has suffered brutal mismanagement and earned a terrible reputation.

bigboy - 2-21-2009 at 09:13 AM

OK......thanks Dennis!

CaboRon - 2-21-2009 at 09:21 AM

Quote:
Originally posted by Dave
Quote:
Originally posted by Packoderm
It looks like just another black eye for future real estate transactions in Baja.


This has nothing to do with real estate. These were renters.


I thought someone had posted here on another thread that leases had no legal standing .... therefore, they were basically a month to month rental agreement .

Would someone care to elaborate :?:

CaboRon

ELINVESTIG8R - 2-21-2009 at 09:30 AM

As much as I love Mexico and as much as my heart and soul is Mexican I just get so angry when I see that the Mexican government does not have ADEQUATE laws to protect foreigners who purchase land and build in Mexico. It seems that the crooked land owners know this and allow the foreigners to buy and build on the land then just come in with the laws of Mexico behind them to steal back what the foreigners have built. They are just a bunch of thieves in my book.

DENNIS - 2-21-2009 at 09:37 AM

Quote:
Originally posted by CaboRon

I thought someone had posted here on another thread that leases had no legal standing .... therefore, they were basically a month to month rental agreement .

Would someone care to elaborate :?:

CaboRon


A lease written by a Notario has all the weight and protection that the constitution will allow. Unfortunatly, most Americans come south with the mindset that a lease, signed in a bar or anywhere else, has the clout of a similar transaction in the states when, in fact, it doesn't. It's a rental agreement at best and can be ammeded at the will and discretion of the land owner at any time.
To make matters worse for the naive tenent, without proper immigration status, one is unable to enter into any kind of contract.
These are just a couple of the things they won't tell you before your money has left your hand.

DENNIS - 2-21-2009 at 09:41 AM

Quote:
Originally posted by ELINVESTI8
As much as I love Mexico and as much as my heart and soul is Mexican I just get so angry when I see that the Mexican government does not have ADEQUATE laws to protect foreigners who purchase land and build in Mexico. It seems that the crooked land owners know this and allow the foreigners to buy and build on the land then just come in with the laws of Mexico behind them to steal back what the foreigners have built. They are just a bunch of thieves in my book.


The Ejidos are the worst offenders. It seems to be a recent specialty in law school training that prepares a lawyer to reverse property transactions in favor of the Ejido, of course after the money has changed hands.
Don't ever deal with an Ejido. Chances are huge that it will have a painful ending for the buyer.

shari - 2-21-2009 at 09:50 AM

there is a huge difference between gringo that "buy" land or just rent it...rental leases are just that and ya gotta figure that into the equation....i figure

Not entirely true

Dave - 2-21-2009 at 10:58 AM

Quote:
Originally posted by DENNIS
without proper immigration status, one is unable to enter into any kind of contract.


With an FMT, you can get a fidecomiso, form a corporation or lease an apartment or space for your trailer for the length of your tourist visa. However, to live (full time) in Mexico you must have a FM2/3.

DENNIS - 2-21-2009 at 11:18 AM

I've never said anything that's entirely true. Why start now.

DanO - 2-21-2009 at 12:14 PM

Quote:
Originally posted by DENNIS
I've never said anything that's entirely true. Why start now.


:lol::lol::lol::lol:

Udo - 2-21-2009 at 01:08 PM

Quote:
Originally posted by DENNIS
I've never said anything that's entirely true. Why start now.
:saint::saint::saint::saint::saint::biggrin:

woody with a view - 2-21-2009 at 01:10 PM

Quote:
Originally posted by DENNIS
I've never said anything that's entirely true. Why start now.


you think i believe any of it?:light:

DENNIS - 2-21-2009 at 02:01 PM

Quote:
Originally posted by woody in ob

you think i believe any of it?:light:


I hope not. Well appointed cynicism is an art form.

woody with a view - 2-21-2009 at 03:28 PM

well appointed cynicism is healthy. being able to express it, well, that is art!

BajaGringo - 2-21-2009 at 03:59 PM

I always say you have to make up some of it just so people will believe it...

:lol: :lol: :lol:

CaboRon - 2-21-2009 at 04:12 PM

Quote:
Originally posted by woody in ob
well appointed cynicism is healthy. being able to express it, well, that is art!



fishbuck - 3-30-2019 at 11:10 PM

Ran across this. Good historical perspective and some of the old Baja Nomads...

Hook - 3-31-2019 at 10:33 AM

Wow, what a flashback.

The "old" days when Nomads disagreed respectfully and politics rarely entered into a discussion.

How times have changed...........

Whatever happened to the land in question?

fishbuck - 3-31-2019 at 01:10 PM

I think that is the road that runs by the beach now.
Anybody know whatever happened?

fishbuck - 3-31-2019 at 01:16 PM

I think that is the road that runs by the beach now.
Anybody know whatever happened?