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katedogg
Newbie
Posts: 14
Registered: 6-21-2010
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Lawyer needed to sue Fonatur
Yes, you read that right. We would like to bring a law suit against FONATUR, the division of the Mexican government that claims to have “contributed
significantly to strengthening the nation’s tourism industry”. As tourists, we believed that buying property through FONATUR would be the safest
avenue to take, after hearing horror stories of what happens to people when they invest in Mexican property.
Alas, FONATUR is responsible for our own personal horror story. And we are not alone. It is a long and complicated story, but here’s the short
version. We purchased land in Nopolo, near Loreto in 2003, not directly from FONATUR but from a private owner. However, FONATUR was involved in
every aspect of the transaction. We paid for the land, built our house according to FONATUR regulations (which, for some reason did not apply to the
Loreto Bay development), and obtained a right transfer signed by FONATUR Loreto’s former director, Peter Maxwell, that legally transferred all rights
of the property to us. All that was left was the required bank trust that foreigners must have to own land in Mexico. After 7 years of paying the
required fees, dealing with banks, notaries, appraisers, and FONATUR lawyers, we still do not have a bank trust. In the meantime, our original
paperwork has expired and FONATUR has changed leadership, but we have continued to pay property taxes and follow any instructions that we have been
given by the various institutions.
The reason we would like to sue is because the latest instructions that we have been given by the FONATUR lawyers Hid Cadena, Barbachano Bernal, and
Cervantes y Baca instruct us to sign paperwork that would deed our property back to the original owner who sold it to us. The idea is that the
original owner would then deed the property back to us. We would like to believe that the original owner is an honest man, who would do just that.
But would you trust this deal? Would you allow your property to be taken from you and given to someone who has no legal right to it? Previous bank
trusts were not done this way, but because someone at FONATUR has made a mistake, they are now trying to rectify it on our backs. Even if this
asinine idea would work, it will now cost us a minimum of $10,000 USD to finish the bank trust. And this is on top of what we have already paid.
We have been to see Alejandro Arellano Perez, the current director of FONATUR Loreto, but he is nothing but empty promises. We filed a formal
complaint with FONATUR Mexico City’s department of Quejas, and its director Kuri Olivera, but of course, they claim that nothing is out of order.
So we need the Baja gringo community’s help. If you know a trustworthy Mexican lawyer, we would really appreciate a name and contact information. If
you know someone who is also having trouble with a FONATUR property, please pass on our email addresses. There is strength in numbers, and we refuse
to be taken advantage of. We highly recommend that you do not invest in FONATUR properties, in Loreto or in any other of their sponsored cities.
Thanks for your help.
Manny and Katie Koch
katiemanny@verizon.net
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Phil S
Super Nomad
Posts: 1205
Registered: 10-28-2003
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Mood: After 34 years. Still in love w/ my wife
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Is this the little yellow house with the cute dogs? If so, we met years ago. I can't believe that that hasn't been resolved yet. In all the years
that we lived in Nopolo, we never had a need for an attorney. Hopefully someone like Phil S or possibly Nopolo Ed can offer some assistance for a
recommendation. I always figured that you never want to spend any more than you can afford to lose. Dealing with Fonatur is close to a ride to
outer space without the use of a space ship!!!! good luck in your search.
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drarroyo
Nomad
Posts: 497
Registered: 6-15-2010
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| Quote: | Originally posted by katedogg
All that was left was the required bank trust that foreigners must have to own land in Mexico. |
I'm thinking you meant Baja (due to proximity to coast or border)
For the majority of Mexico, foreigners do not require bank trust.
Best of luck.
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monoloco
Elite Nomad
Posts: 6667
Registered: 7-13-2009
Location: Pescadero BCS
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You may very well be able to do this by deeding it back to the original owner but retaining a irrevocable power of attorney over the land. With the
poder you should be able to do all the paperwork and sign everything over to yourselves. Good luck finding a good attorney, that is kind of an
oxymarooon.
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wilderone
Ultra Nomad
Posts: 3894
Registered: 2-9-2004
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I would love to see Peter Maxwell and FONATUR sued. By original owner, do you mean the developer? or is this ostensibly ejido land that FONATUR had
no right to in the first place? Rhetorical questions really. Maybe personally speak with the "original owner" and get an agreement up front that the
property will be deeded back to you immediately? Does sound like a clusterf-k. Maybe everyone concerned sit at a table with translators, attorneys,
with the deeds and papers, pass them around for signature, and come to a private, written agreement re additional fees. Sounds like the FONATUR attys
are out for a squeeze. Would I trust FONATUR - uh - NO. Tell your story to the Gringo Gazette, Baja Life, San Diego UT, Golf Digest, every other
publication you can think of that would impact Mexico land sales - squeeze them back. You can write one story and email it everywhere. Name names.
Good luck to you.
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tehag
Super Nomad
Posts: 1248
Registered: 1-8-2005
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Atty
Francisco Pineda is a real estate attorney in Nopoló. His No is 613 13 3 0362.
He speaks English.
Certainty is the child of ignorance, knowledge is the mother of doubt. Question everything!
http://bcsbirds.com |
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Phil S
Super Nomad
Posts: 1205
Registered: 10-28-2003
Member Is Offline
Mood: After 34 years. Still in love w/ my wife
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Francisco also used to work for Fonatur at Nopolo many many years ago. He should know the workings inside & out. He also has a wonderful singing
voice, and plays guitar, and rides around Nopolo on his own horse (not singing & playing his guitar however) Probably would be a good one to
"visit with first". He lives on the main Blvd on the south side of the street, just down from the tienda that's been there for a lot of years. I'd
ask about a "flat fee" for handling it. Partial payment upon agreeing to handle, and final payment when transaction is done. amazing how they can
speed things up with these conditions. Just getting them to agree to do it. that's another 'doin'.
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wilderone
Ultra Nomad
Posts: 3894
Registered: 2-9-2004
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Your story might also slow any potential sales of the new Homex development plans. Homex works with Peter Maxwell at the Inn at Loreto.
http://www.lasvillasdemexico.com/index.php?option=com_conten...
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Terry28
Senior Nomad
Posts: 828
Registered: 8-25-2007
Location: S.Calif mtns.
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Mood: Thirsty
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Welcome to the " I got screwed in Mexico " club....membership grows every year. We need tee-shirts....
Mexico!! Where two can live as cheaply as one.....but it costs twice as much.....
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MsTerieus
Nomad
Posts: 462
Registered: 6-8-2010
Location: Punta Banda, Ensenada, Baja California
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Good luck to you, Katedogg. I know nothing of Mexican Law, but in the U.S., the laws providing for governmental immunity would most likely prevent
such a
suit. 
I'll be interested in learning what a Mexican attorney has to say about it.
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mcfez
Elite Nomad
Posts: 8678
Registered: 12-2-2009
Location: aka BN yankeeirishman
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| Quote: | Originally posted by monoloco
You may very well be able to do this by deeding it back to the original owner but retaining a irrevocable power of attorney over the land. With the
poder you should be able to do all the paperwork and sign everything over to yourselves. Good luck finding a good attorney, that is kind of an
oxymarooon. |
deeding it back to the original.....
Wouldn't a escrow service be able to handle a exchange with proper instructions?
I agree...good luck finding a decent lawyer...and if you do...you are in for another few years of the legal tangle...I would assume.
[Edited on 9-27-2010 by mcfez]
Old people are like the old cars, made of some tough stuff. May show a little rust, but good as gold on the inside.
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BajaBlanca
Select Nomad
Posts: 13242
Registered: 10-28-2008
Location: La Bocana, BCS
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what a nightmare. wish you the best of luck in resolving this.
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toneart
Ultra Nomad
Posts: 4901
Registered: 7-23-2006
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Mood: Skeptical
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Have you talked to the Notorio in Loreto?
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drarroyo
Nomad
Posts: 497
Registered: 6-15-2010
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| Quote: | Originally posted by Terry28
Welcome to the " I got screwed in Mexico " club....membership grows every year. We need tee-shirts.... |
How's about ... Welcome to the " I didn't quite finish all of my homework" club "and now I'm screwed" !! (sounds like you're a member?)
Again, I wish these folks luck. (but the original post included false information .... ok we all knew what they meant ... but south of the border,
you MUST dot all i's and cross all t's !!)
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Terry28
Senior Nomad
Posts: 828
Registered: 8-25-2007
Location: S.Calif mtns.
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Mood: Thirsty
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I did my homework...got screwed anyway...corrupt legal system does not help. And you know about the "false information' because????
Mexico!! Where two can live as cheaply as one.....but it costs twice as much.....
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durrelllrobert
Elite Nomad
Posts: 7393
Registered: 11-22-2007
Location: Punta Banda BC
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Mood: thriving in Baja
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| Quote: | Originally posted by MsTerieus
I'll be interested in learning what a Mexican attorney has to say about it. |
"Rent, don't buy" 
Bob Durrell
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MsTerieus
Nomad
Posts: 462
Registered: 6-8-2010
Location: Punta Banda, Ensenada, Baja California
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| Quote: | Originally posted by durrelllrobert
| Quote: | Originally posted by MsTerieus
I'll be interested in learning what a Mexican attorney has to say about it. |
"Rent, don't buy" |
LOL - I meant what she has to say about the right (or lack thereof) to sue the government agency.
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bajabeachbabe
Nomad
Posts: 150
Registered: 9-11-2006
Location: Loreto,
Member Is Offline
Mood: Loving life
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| Quote: | | We purchased land in Nopolo, near Loreto in 2003, not directly from FONATUR but from a private owner. However, FONATUR was involved in every
aspect of the transaction. We paid for the land, built our house according to FONATUR regulations (which, for some reason did not apply to the
Loreto Bay development), and obtained a right transfer signed by FONATUR Loreto’s former director, Peter Maxwell, that legally transferred all rights
of the property to us. All that was left was the required bank trust that foreigners must have to own land in Mexico. |
I am curious what kind of document the "right transfer" is? Do you actually have a Title to the property or a Certificado? Was the original owner
an ejido member and this was ejido land? The history of the particular land you purchased will play a role in how to untangle your paperwork.
From personal experience of transferring land (which we are right in the middle of) I can tell you that most of the required documents may not make
sense to gringos. In fact, the entire process seems crazy at times.
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drarroyo
Nomad
Posts: 497
Registered: 6-15-2010
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| Quote: | Originally posted by Terry28
I did my homework...got screwed anyway...corrupt legal system does not help. And you know about the "false information' because????
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'cause I did (finished!) my homework Daddy. You should've stayed longer after school.
best of luck to OPer.
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MitchMan
Super Nomad
Posts: 1856
Registered: 3-9-2009
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The "rent, don't buy" advice is starting to sound better and better all the time, as a function of time as well.
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