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Author: Subject: THE EJIDO IS AT IT AGAIN..............
DENNIS
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[*] posted on 12-4-2013 at 12:40 PM
THE EJIDO IS AT IT AGAIN..............


Ejido Esteban Cantú, of Punta Banda expropriation fame, is doing what they have historically done in the past, taking back property........this time the land at roads's end in La Bufadora. The same land on which sits the curio shops, as well as houses above the single tourist destination Ensenada has to offer. Ensenadenses consider this their Disneyland.

Details are sparse for an outsider at this time, but a partial traffic blockade has been formed at the entrance to the "mall" and angry attendants of the take-over are present in numbers with their banners and signs.

My information is that recently the landlord, who had been renting the Puestos [stalls] to merchants at no small price, was informed by the Ejido that he was out, and they were in.
Not only in, but their protesting presence in numbers is insisting the current tenants vacate the premises.
This should be the beginning of a heated court battle, and when/if I see the Army make a presence in the issue, the international reputation of Mexico being a safe place to invest and live will take a thirty year step backwards.....regardless of who's right or wrong.

The damage to local tourism will be immediate as this is the destination of the tour busses and taxis [many] bringing passengers from the cruise ships, and they must pass, on foot, the menacing looking protestors at the entrance.

It's not a pretty picture.




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Mexitron
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[*] posted on 12-4-2013 at 12:54 PM


Is this the guy that took back the gringo properties on the estero years ago?

Property is a strange beast in Mexico, at least from what I know. My worker said a cement company came in and started using his property in Ixtapa as a storage lot. He told them to get out---nothin doin. He couldn't just show his title to a cop and have them kick them out, he had to hire a lawyer( $800 US)to talk the judge into giving a ruling to the cement company to vacate.
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[*] posted on 12-4-2013 at 01:05 PM


This is indeed a tough country to own property in.




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aguachico
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[*] posted on 12-4-2013 at 01:06 PM


I thought Tiger Woods was building a golf course there?
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DENNIS
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[*] posted on 12-4-2013 at 01:17 PM


Quote:
Originally posted by Mexitron
Is this the guy that took back the gringo properties on the estero years ago?




Same ejido. Yes. Don't know who the principals are, as yet.




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DENNIS
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[*] posted on 12-4-2013 at 01:25 PM


Quote:
Originally posted by aguachico
I thought Tiger Woods was building a golf course there?


Ancient history. Different location, but close.




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[*] posted on 12-4-2013 at 01:42 PM


Quote:
Originally posted by Mexitron
Is this the guy that took back the gringo properties on the estero years ago?

Property is a strange beast in Mexico, at least from what I know. My worker said a cement company came in and started using his property in Ixtapa as a storage lot. He told them to get out---nothin doin. He couldn't just show his title to a cop and have them kick them out, he had to hire a lawyer( $800 US)to talk the judge into giving a ruling to the cement company to vacate.
He was lucky, once someone takes possession of your property, legally or illegally, it usually takes at least 10 years to wind it's way through the Mexican judicial process, (or lack thereof).



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[*] posted on 12-4-2013 at 01:45 PM
Punta Brava


......... but so far it is starting to look like the Donald Trump Project to me. -

http://thebajaexperience.com/TigerWoods.html

Tom Kennedy - Anyone know this gentleman who created the Baja Experience webpage?


As for the issues at La Bufadora, maybe this is part of Nieto's land reform.

:?::?:




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[*] posted on 12-4-2013 at 02:15 PM


Better to lease or rent instead of worrying about drama like this happening again and again. I know a guy that lost his property to this Ejido he was a school superintendent here in the Valley. He claims he did it all by the numbers and had his property he built stolen from him and will never buy or go into Mexico again. He now owns a condo by the ocean in San Diego and claims will never do any kind of business in Mexico! When you have a home or land taken away from you it tends to make you bitter. LOL.

Too much FUN to worry about if owning property is worth it. Just rent your American property and lease in Mexico, simple & ease choice if you want full time in Mexico. You don't have to worry about taxes on property, if something breaks, etc. etc. it is the owners responsibility. If not you keep your property in the States and just lease 5 or 6 months to stay within visa time in Mexico. Take Care & Travel Safe--- "No Hurry, No Worry, Just FUN" bajafun777




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DENNIS
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[*] posted on 12-4-2013 at 02:17 PM


Quote:
Originally posted by greengoes
Tom Kennedy - Anyone know this gentleman who created the Baja Experience webpage?


He's an unknown out here.


Quote:

As for the issues at La Bufadora, maybe this is part of Nieto's land reform.

:?::?:


As far from it as it could get.
This is just another example of ejido predators wrapped up in a constitution written before "greedy lawyer" became a college curriculum.
"Find the uncrossed 'T' or the undotted 'I' in a contract and have it nullified."



.

[Edited on 12-4-2013 by DENNIS]




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[*] posted on 12-4-2013 at 02:31 PM


This is just another example of how you have to keep the Ejido in the loop if you wish to buy in Baja.

It is necessary to have written confirmation as to the extent of the Ejido's interest in a specific piece of land and their intentions for its disposal. Ejido's are very democratic in their operations and officials get elected within a time frame, so it is important to have clear paperwork.
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[*] posted on 12-4-2013 at 02:46 PM


The problem is even when you keep the Ejido in the loop they change when the people elected change according to the guy I talked about. I told him he should have been aware in the dealings with the Ejido and he said he was but things were changed by someone else years later from his purchase. So, that my friend is why in Baja with all the issues of Ejidos maybe my renting or leasing is a very good idea. LOL Take Care & Travel Safe----"No Hurry, No Worry, Just FUN" bajafun777



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[*] posted on 12-4-2013 at 03:02 PM


The main problem with expats buying, or trying to buy in Baja seems to be that people bring the concepts of the country they are leaving with them.

There is no point whatsoever contacting an 'Estate Agent' or a 'House Owner' in Mexico.

First you locate a translator (an Expat will likely not have sufficient technical Spanish), then you contact the relevant Ejido general manager. Once you have ascertained all the details and you wish to proceed, you then go to the local notario along with the Mexican person who will hold the land for you until they have an escritura land transfer. The Mexican can then sell you the property via a fideicomiso.

It's not something that will happen overnight, but it's relatively straightforward.

[Edited on 12-4-2013 by cessna821]
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[*] posted on 12-4-2013 at 03:18 PM


Cessna821- I rented a beach property in Punta Banda when those properties on the estero were lost in the mid 90's. Four of my neighbors who had done as you suggest had their " rent' tripled by the ejido. Two refused to pay it and were kicked out. I said than as I say now that I won't buy anything in Mexico that I can't afford to walk away from. An American suing a Mexican in Mexico has about the same chance as winning the powerball in the US.
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[*] posted on 12-4-2013 at 03:24 PM


Nothing is really straight forward in buying land in Baja, especially if an Ejido is involved. This guy said he went through these steps, so being he had also been going into Mexico for many years he was no virgin to the processes. He told me he used a local notario who was used and recommended by many living in the area, so again it is Baja let the buyer beware. He was a Superintendent, so he knows how to read contracts, documents and was very capable of understanding all of the people he was dealing with at the time. Thus, what he learned was "Who gets what Judge and Government official to side with them last wins!"

It was a large house and he lost a lot of money on this take over. He did do something that was different in that he filed a claim against Mexico with NAFTA, as the United States & Mexico has an account setup for any individual or business that are affected by losses in doing business in either Country can make a claim of loss. I don't know if he got anything and maybe it was just a "Hail Mary" thing in hopes that someone would over see these real estate sales better. Take Care & Travel Safe-----"No Hurry, No Worry, Just FUN" bajafun777




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[*] posted on 12-4-2013 at 03:36 PM


OK, Bajafun, everyone has their own opinions.

But if you look again at my second reply you will see how I, and several of my friends have bought our homes:
1st - Translator
2nd - Ejido manager
3rd - Notario
4th - Mexican national to obtain Escritura
5th - Fideicomiso

It really is straightforward, it just takes time - in my case a little over two years, but it took less for one of my friends.
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[*] posted on 12-4-2013 at 04:15 PM


OK, Cessna821 glad to hear yours worked out and hope it stays that way. It was several years after the guy had everything done that his misery started but hey its always an adventure.

The good thing is that people like me will rent or lease from those that need to get income from their homes in Mexico or cannot live in Mexico for whatever reasons any longer. It's all good for me and again I do not need the drama so my pleasure is renting or leasing. I do this in Baja and Mainland Mexico just works for me. LOL Take Care & Travel Safe----"No Hurry, No Worry, Just FUN" bajafun777




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DENNIS
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[*] posted on 12-4-2013 at 04:21 PM


Quote:
Originally posted by cessna821
This is just another example of how you have to keep the Ejido in the loop if you wish to buy in Baja.

It is necessary to have written confirmation as to the extent of the Ejido's interest in a specific piece of land and their intentions for its disposal. Ejido's are very democratic in their operations and officials get elected within a time frame, so it is important to have clear paperwork.



Good advice. Your first sentence scared me to death, but you clarified that.

Personally, I have become so cynical about land sales out of a centro area, meaning, not rural, that I wouldn't suggest it for anybody.
Mexico may have protective laws, but they only protect whom the judge anoints....and that's usually who anoints him.

Sad...but true. Mexico has a long way to go before foreigners have assumed protections.




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[*] posted on 12-4-2013 at 04:26 PM


Quote:
Originally posted by greengoes

Punta Brava

so far it is starting to look like the Donald Trump Project to me. -



fwiw...

This past month I was at a local Starbucks in San Diego - and at the table next to me was a gentleman wearing a Punta Brava shirt. When he got ready to leave, I inquired as to his connection with Punta Brava - and he told me he was the general partner. His name is Brian Tucker. I told Brian I hadn't seen anything lately in the news about what was going on with the project. His response led me to believe he's still actively engaged with the project (including the conversation he was having with someone else at the Starbucks) - but was not forthcoming on any further details at all.

http://www.10news.com/news/man-s-quest-to-build-tiger-woods-...

http://en.wikipedia.org/wiki/Brian_Tucker_(executive)


fyi







[Edited on 12-4-2013 by BajaNomad]




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DENNIS
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[*] posted on 12-4-2013 at 04:28 PM


Quote:
Originally posted by absinvestor
An American suing a Mexican in Mexico has about the same chance as winning the powerball in the US.


Small correction, if I may:
An American suing a national, who has money and connections, in Mexico, will spend a bundle before losing it all......not to mention the forever time lost in the process.

This all is beginning to state a case for leased land and mobile homes.




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