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mtgoat666
Select Nomad
Posts: 18395
Registered: 9-16-2006
Location: San Diego
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Mood: Hot n spicy
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| Quote: | Originally posted by BajaNews
http://www.10news.com/news/6821099/detail.html
February 7, 2006
SAN DIEGO -- 10News first started tracking Steven Carlos Pedroarena in 2002 just two years after the evictions at Punta Banda near Ensenada.
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humans often behave badly (more often than not?).
that's why we like US system that has legal protections for us, and why mexican system is such that you should think long and hard about doing
business with people you do not know and trust.
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k-rico
Super Nomad
Posts: 2079
Registered: 7-10-2008
Location: Playas de Tijuana
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I used a sharp attorney when I bought in Mexico. When I asked him about Stewart title insurance he laughed and said I would spend all my money
fighting the insurance company when they didn't pay the claim.
That was his cut on the subject.
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wessongroup
Platinum Nomad
Posts: 21152
Registered: 8-9-2009
Location: Mission Viejo
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Mood: Suicide Hot line ... please hold
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reading
| Quote: | Originally posted by Hook
Wessongroup, you need to read the FINE PRINT in the Stewart Title contracts to see what is exempt. I have heard that it is substantial.
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I again submit, that would be part of the purchaser's due diligence.
I only offer, that having a large Corporation dealing with an issue which is their means to conduct business and make a living would be better than
not having one.
As with most all business's and their contracts (fine print) are expressly written to look out for their interests not yours.
Having a "title" Company on record for the validity of the "title" would still seem to better than not having one.
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Fred-o
Junior Nomad
Posts: 84
Registered: 7-6-2008
Location: Punta Banda
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Acquiring property, land, homes in Mexico
Since I first started living here in 1988,
I have been told by many many knowledgeable people here in Mexico that....................
I should NOT Invest in, "Buy", Lease, Rent or live in or on any land or property that you cannot walk away from.....period.
So here I am, "long term": "One Day at a Time".....
fred rehfeld
Lomas Del Mar
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JESSE
Ultra Nomad
Posts: 3370
Registered: 11-5-2002
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| Quote: | Originally posted by wessongroup
| Quote: | Originally posted by JESSE
I wouldn´t trust Stewart or any other "title insurance" with a property. Those companies are just there to create a false sense of security for
foreigners. The only way to go is to ask, hear from the locals, talk to the people, they will tell you who and what is a bad investment.
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I'm not sure what factual information you would base the statement that a Title Insurance Company is only there to give a false sense of security...
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Fact is, in Mexico,specially Baja Sur, there is no such thing as factual information regarding land owners. Having said that, any investigation is
only limited to existing records in certain places. Wich does not protect you against someone from somewhere coming up with a title that wasn´t even
on records. Or a title, from BEFORE any records existed. A title like that would have validity and would inmediately put the new land owner in a
position to go to court and wait for a judge to determine who the real owner is.
The winner would be determined by:
A.-Who has more political power.
B.-Who has more balls.
C.-Who has more money.
How do i know what i am talking about? simple. A mayority of cases where lawsuits, invasions, land grabs, violence, evictions, etc has happened.
Involve foreigners who buy land based on what a company tells them.
I rather do it the old fashion way, it simply works.
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CaboRon
Ultra Nomad
Posts: 3401
Registered: 3-24-2007
Location: The Valley of the Moon
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Mood: Peacefull
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Jessie,
What, pray tell, is the old fashioned way ??
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wilderone
Ultra Nomad
Posts: 3824
Registered: 2-9-2004
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Amen, Jesse.
A title company only investigates title to the extent they're given information - they don't independently pursue history. The Mexico Revolution,
ejidos, inter-family agreements, fraudulent documents (see first post), all would cloud a title and you'd be stuck with a huge problem that, as Jesse,
states will be won with the person with the most money, influence and stamina to play the game. I would suggest buying a property with a contingency
to inspect the title and at that point, find out everything you can about the lineage and do your own due diligence to track down any history to your
satisfaction, document everything anybody told you, etc. You never know when something will rear its head and cause a problem.
I've lived in my house for 35 years and I found out while doing an addition a few years ago that my neighbor's sewer line runs across my lot under my
house and hooks up to mine. There is no easement on record for this. The title company had no records. The City had no records except to show that
that property's sewer line did not extend to the street in front of his own house. Subsequent investigation revealed that my neighbor's house used to
be a store, and my house was where the store's proprietor lived - almost 100 years ago. My "garage" was at one time a blacksmith shop, built before
the house and store. None of this was on record with the City, none of it documented through titles, easements, ownership records.
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wessongroup
Platinum Nomad
Posts: 21152
Registered: 8-9-2009
Location: Mission Viejo
Member Is Offline
Mood: Suicide Hot line ... please hold
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no factual information
| Quote: | Originally posted by JESSE
| Quote: | Originally posted by wessongroup
| Quote: | Originally posted by JESSE
I wouldn´t trust Stewart or any other "title insurance" with a property. Those companies are just there to create a false sense of security for
foreigners. The only way to go is to ask, hear from the locals, talk to the people, they will tell you who and what is a bad investment.
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I'm not sure what factual information you would base the statement that a Title Insurance Company is only there to give a false sense of security...
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Fact is, in Mexico,specially Baja Sur, there is no such thing as factual information regarding land owners. Having said that, any investigation is
only limited to existing records in certain places. Wich does not protect you against someone from somewhere coming up with a title that wasn´t even
on records. Or a title, from BEFORE any records existed. A title like that would have validity and would inmediately put the new land owner in a
position to go to court and wait for a judge to determine who the real owner is.
The winner would be determined by:
A.-Who has more political power.
B.-Who has more balls.
C.-Who has more money.
How do i know what i am talking about? simple. A mayority of cases where lawsuits, invasions, land grabs, violence, evictions, etc has happened.
Involve foreigners who buy land based on what a company tells them.
I rather do it the old fashion way, it simply works. |
Yes, and I believe that is exactly what my point was, YOU do the due diligence ...
I understand the "records" do not tell the whole story, but to exclude a compelete examination of all that are available would be fool hardy.
I agree the "old way" is the best, and I truly appreciate the input from all on the issue as it will affect me, as I intend to buy property in the
Baja in the near future.
I'm not looking to get investment property, but to find a place that feels good and hopefully has none of the "problems" which I'm reading about on
the board.
Just a small place with some good folks around, and time to do a little fishing and enjoying the place.
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JESSE
Ultra Nomad
Posts: 3370
Registered: 11-5-2002
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In my experience, if your going to buy property (outside of a city or large town) in Baja. LET EVERYBODY in the area know that you inted to buy, and
all the little secrets (if any) about a property, will come out. Most people in Baja know everything about properties in their area, who owns them,
problems, rumors, etc. Its better to find out before you buy, than getting a citatorio from a court after you spent your cash.
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irenemm
Senior Nomad
Posts: 623
Registered: 7-16-2009
Location: vicente guerrero, baja
Member Is Offline
Mood: relaxed
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Even so so people just don't pay attention to what is said to them. They like the property and the guy selling it so they do what they want. We have
told many people over the years to be careful of some people, but they chose to do what they wanted any way. Years later they had some trouble. It
took while to get things fixed but they did.
You can go to the office that issue the deeds to the property and see who owners are. Just like in the states. Try the county seat. It is called the
County Registar. They have all the deeds on file. Who names on the property and any liens. People do you homework. You do at home in the States so why
not here. Get yourself at least 2 lawyers to check it out. I always tell people to get them from different cities and don't tell them you have
others looking into it. When they come back the same your go to go. If not you saved a few bucks by checking it out first.
DO YOU HOMEWORK
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