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mcfez
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This topic just never finds conclusion 
Therefor a warning to the new lessee or buyer reading these posts: take note of this post and ALL the other posts (find in search) on this
board....you'll see a total disagreement by educated BN's ...on all matter of content concerning buying/leasing in Baja.
In plain English: doing a Mexican land transaction is tricky and confusing. Accept no advice from here at BN or from your friends/family. Find an
expert on Mexican law.
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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DENNIS
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| Quote: | Originally posted by mcfez
In plain English: doing a Mexican land transaction is tricky and confusing. Accept no advice from here at BN or from your friends/family. Find an
expert on Mexican law. |
Yeah....really. Nomads are no different from any other group of ethnocentric Americans who only see what they want to see and know full well that
their way is the only way.
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[Edited on 12-21-2010 by DENNIS]
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oladulce
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| Quote: | Originally posted by DENNIS
| Quote: | Originally posted by mcfez
In plain English: doing a Mexican land transaction is tricky and confusing. Accept no advice from here at BN or from your friends/family. Find an
expert on Mexican law. |
Yeah....really. Nomads are no different from any other group of ethnocentric Americans who only see what they want to see and know full well that
their way is the only way.
[Edited on 12-21-2010 by DENNIS] |
Funny, I was thinking the same thing and felt compelled to write because Tehag wasn't getting alot of constructive responses.
Nope, I'm not an expert. Yep, I have personal experience with the procedure Tehag was referring to. He didn't request advice on conducting a Mexican
real estate deal, he asked if anybody has done a Mexican POA before.
It has nothing to do with ejidos, scams, presta nombres, etc. He was just asking how to complete your real estate transaction if you can't physically
be there when it's time to sign the papers.
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DENNIS
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| Quote: | Originally posted by oladulce
He was just asking how to complete your real estate transaction if you can't physically be there when it's time to sign the papers.
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Had he been that explicit at the outset, I never would have responded.
I quoted his entire request above. It was vague at best.
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oladulce
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I must have come in after Tehag had provided more details Dennis. I thought the "ethnocentric" comment was directed at me for some reason ( because of
course, the world does revolve around me  ) and was surprised by the
jab. Maybe has nothing to do with me at all...
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DENNIS
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| Quote: | Originally posted by oladulce
I must have come in after Tehag had provided more details Dennis. I thought the "ethnocentric" comment was directed at me for some reason ( because of
course, the world does revolve around me ) and was surprised by the
jab. Maybe has nothing to do with me at all... |
Nah. Not you. I wouldn't take shots at you anyway.
It's just one of my pet peeves here from time to time, that some tend to interpret Mexico in a purely American way, most notably law. It's hard, if
not impossible, for some to come to terms with the fact that US Law isn't universal.
Just me havin' one of them days.
Thanks.
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mcfez
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| Quote: | Originally posted by DENNIS
| Quote: | Originally posted by oladulce
I must have come in after Tehag had provided more details Dennis. I thought the "ethnocentric" comment was directed at me for some reason ( because of
course, the world does revolve around me ) and was surprised by the
jab. Maybe has nothing to do with me at all... |
Nah. Not you. I wouldn't take shots at you anyway.
It's just one of my pet peeves here from time to time, that some tend to interpret Mexico in a purely American way, most notably law. It's hard, if
not impossible, for some to come to terms with the fact that US Law isn't universal.
Just me havin' one of them days.
Thanks. |
I remember the very first question you aimed at me Dennis (bout the time I came back here as McFez).
"and do you think a lease is a good solid thing....
You liked my answer.
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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DianaT
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tehag
What Oladulce described is how we bought our property---only difference is we gave the power of attorney to our agent who represented us with the
Notario--- the process was the same. And our agent told us we can do the same thing when we sell.
However, since a Mexican citizen is buying the property, the fideo will be closed out and we were very surprised to find out that there is a large fee
for doing so----just something you might mention to your friend. I think the fee depends on how long the trust has been in place.
Dennis, your information I think was very good even if it did not answer what Tehag was looking for. It seems to be a rather common practice for
people to buy ejido property with holding the title paper and a power of attorney---we have heard it is legal, but safe is another question.
Then again, everyone has their level of risk tolerance, but as you said, some tend to bring US legal thinking to the table and that won't work.
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DENNIS
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| Quote: | Originally posted by DianaT
It seems to be a rather common practice for people to buy ejido property with holding the title paper and a power of attorney---we have heard it is
legal, but safe is another question.
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I already spoke to that, but I'll add a sidebar.
What is "legal" is another American preconception and we tend to equate that word to "right" and "wrong." Not so much in Mexico it seems. We can hear
the stories all too often about someone, Mexicans included, buying land that didn't belong to the seller. We're told of the legal efforts to protect
the new owner as well as efforts to protect the old, rightful owner. All of the attorneys are getting fat and eventually the arguement will be decided
behind closed doors one way or the other.
In cases where the land is bought or sold illegally or erroneously, we never hear of charges being filed against the wrongful buyer or seller. They
seem to drift off into the sunset, lost in indifference.
| Quote: | | "we have heard it is legal, but safe is another question." |
Legal doesn't matter in this case. The buyer can't defend his purchase in court. He loses.
This is the scenario which I alluded to above. It's an Ejido Sleight of Hand which can be nullified on a whim.
No Fide...No Corp.....No property ownership.
Caveat Emptor is the mantra of Mexico.
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DianaT
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Dennis
Thanks, and you are correct, I was using the word legal in the US way----and it does mean nothing.
When my sister had to go through the Mexican Court System, it was a real lesson in property law in Mexico, and her case was against another gringo who
had what we in the US would say clearly cheated her and was guilty of fraud.
She won the case, but at times it was touch and go and as her attorney told her, there really are no absolutes and the judge has enormous power.
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DENNIS
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| Quote: | Originally posted by DianaT
the judge has enormous power. |
Almost as much as "Dead Presidents." It's common knowledge here that when a case has grown to a point that it must be decided in Mexico City, the
advantage goes to the first representative to reach DF with a bag of money.
Campaign contributions can have a similar effect in the States, I suppose. 
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DianaT
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| Quote: | Originally posted by DENNIS
| Quote: | Originally posted by DianaT
the judge has enormous power. |
Almost as much as "Dead Presidents." It's common knowledge here that when a case has grown to a point that it must be decided in Mexico City, the
advantage goes to the first representative to reach DF with a bag of money.
Campaign contributions can have a similar effect in the States, I suppose.
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Fortunately her case was settled in Baja and she is happily living in her home that she won back.
[Edited on 12-21-2010 by DianaT]
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C-Urchin
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Notarios and putas
| Quote: | Originally posted by DENNIS
| Quote: | Originally posted by mcfez
Lawyers.....hoars. Sorry....
I would start with a Notary Public..... |
Either way. All he wants is a knowledgeable answer to a question.
I know the answer, but I'm no authority.
I have a feeling that there are others on this board who would also like to know [quietly].....perhaps after the fact of their commitment.
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Just stay away from "Fast Eddie"
*Be the man your dog thinks you are
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DENNIS
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| Quote: | Originally posted by C-Urchin
Just stay away from "Fast Eddie" |
For sure. "Fast Eddie...The Ejido Mascot and Cheerleader." 
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