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nobaddays
Nomad
Posts: 183
Registered: 2-24-2007
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This guy and his company are scumbags. We should all let him no what we think of him !
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MexicoTed
Senior Nomad
Posts: 708
Registered: 8-2-2004
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I have recently been in touch with some Rosarito and Baja officials as I received some questions via email and at the Mexico Expo to see if I knew
anything this situation. I received two replies, one from each side with completely different stories.
I am not sure where the truth lies so you can read both and decide on your own. One is from Michael K. (no idea how he got my email) and the other is
from Sylvia Perez Thompson.
I have not changed anything from their emails so read on......
================
To Whom This May Concern:
In 2004, I bought a house in the community of Playa La Mision. The property consisted of a 4-bedroom/3-bath house with an attached 3 car garage. The
property was also surrounded by a garden. This wall was in existence for over 20 years. Shortly after I took possession of the house, I started an
extensive remodeling project on it.
Before I started the actual construction, I introduced myself to the neighbors, showed them the blueprints, got recommendations and suggestions from
them and made sure that they knew how to contact me if there were any concerns. I hired a reputable Mexican contractor, who came highly recommended
and is also a civil engineer. He then started my project.
After sometime, I got an email from one of my neighbors, Mr. Kirchoff, informing me that he had a claim on the garages. These garages were attached
to my house, had a door leading into my house and obviously belonged to my house. I inquired with the other neighbors and with the former owner and
was told that the former owner had allowed some of the neighbors to park in the garages occasionally. In a face to face conversation, Mr. Kirchoff,
he demanded me to sign an agreement that would allow him to park in the garages in question. I refuse to sign any such agreement but told him that if
he or his guests needed a space to park, all he needed to do is ask me. As I had three stalls and I usually only came to La Mision with one car, I
saw no problem to accommodate him. He did not agree to that offer.
Construction was started and all the construction was strictly confined to property which was in my possession and which was within the garden walls
surrounding the property. Sometime after construction had started, I was informed by the Mexican contractor that a barbed wire fence was put up on
the south side of my house within my property. A hole was broken through the garage wall and that everything that was so far newly constructed in
that area was demolished.
The next day I drove down to Playa La Mision from my residence in Los Angeles . Upon my arrival, I found that not only the statements of Mexican
contractor were true but also all the construction debris was thrown through the window into my house. The construction workers told me that Mr.
Kirchoff, my neighbor to the west, had done all this. I called my lawyer, Mr. Hector Cervantes and asked him what he suggested for me to do. He
recommended I should go to the police in Rosarito and file a complaint. It was his opinion that a criminal act had been committed and the authorities
needed to be informed. I couldn’t agree with him more.
Later, I found Mr. Kirchoff in the garages, making the hole in the wall even bigger. He had a big sledgehammer in his hands which he used as a tool.
When I confronted him about his action, he moved towards me with the hammer and kept yelling, “This is mine. This is mine! Get out of my garages.” He
seemed to be completely out of his mind. I again reported this incident to my lawyer, Mr. Cervantes (who was the lawyer that was actually hired to
close the sales transaction). And I also followed his advice not to take any other action but report the incident to the police. I followed his
recommendation and filed a complaint at the Rosarito police.
After sometime I was informed by the authorities that they are officially restituting the property to me. I had not entered the fenced-off area since
the incident. I was met by municipal police at the property, a lot of paperwork was completed, a Mexican notary was present and I was told the fence
now could be removed. This was done with the help of the present construction workers. The police officers that were present asked for Mr. Kirchoff
and knocked on his house door. As this is a house that Mr. Kirchoff is not residing in, he only uses it to be rented to the vacationers, he was not
there. Later I was told, that he was driving by in his car and that when he saw all the police cars and commotion he decided to take off.
Months went by, I continued my construction and not much else happened. One day, I got a phone call at my office in Los Angeles from one of the
residents at La Mission telling me that Mr. Kirchoff had been arrested. They asked me if I could help. I called my lawyer and he knew about the
arrest. There was not much I could do.
Mr. Kirchoff had committed a criminal act under Mexican law and it is my understanding that was the reason for his arrest. It is also my
understanding that he has been convicted of this crime in a Mexican court and I believe he has been sentenced to six months in jail, a sentence which
he is appealing at this time. I think I should also mention that Mr. Kirchhoff had contacted the seller several times and offered her to purchase the
house for more money than I paid for it. An offer that the seller naturally rejected as the deal with me was closed.
As for Mr. McDonald, my neighbor to the south, it is my belief that he has been lied to and that he has been manipulated by Mr. Kirchoff to help him
in the unprovoked fight against me. I am glad to say that Mr. McDonald and I have resolved all our differences. I believe that I can also speak for
him when I say that all we want is to be able to go to our beach houses and enjoy the sun. As for Mr. Kirchoff, I believe he will have to deal with
the Mexican justice system just like he would have to deal with any justice system in any country when you commit a criminal act under their laws.
Sincerely,
Michael Kienzl
=================
My name is Silvia Pérez- Thompson. I am a Mexican Real Estate & Business Consultant. I have worked in most of Mexico’s resort areas assisting
Americans with the purchase of property and other legal matters, for over 21 years. Through all this time, I have never seen something like this case.
I am a proud Mexican but this a shameful situation for Mexico.
Mr. Kirchhoff, the man who went to jail, is my client. Mr. Mac Donald, the man that lost part of his property because of Kienzl’s trespassing, is my
client also. I know, FIRST HAND, about this matter. I even made a survey of the house that Kienzl “bought” next to Mac Donalds, at his attorney’s
request. The survey proved the encroachment and I informed Kienzl’s attorney about it. Many surveys came after that, but Kienzl never stop building.
Even more, while Kirchhoff and Mac Donald’s attorney was talking with Kienzl’s attorney to settle the problem, this last was preparing a “trespassing
lawsuit” against my clients. The trespasser filed trespassing charges.
Kienzl had not even finished paying the house, nor had a trust, but he was already remodeling. He had not paid the house at least until 2 months ago,
when I talked last with Mrs. Bernal, the seller, who is also my client. She also suffered the consequences of Kienzl’s obsession. His attorneys
harassed her, too. Kienzl wanted Mac Donald’s property at any cost.
There has been a series of questionable lawsuits against my clients; Ensenada’s Engineering Department, etc… All of them “worked” mysteriously causing
serious distress and money to the Mac Donald, Kirchhoff and Bernal families.
I was the first one to know, along with the attorney, that Mr. Kirchhoff was in a high security prison. Between the American Consulate, an attorney
and I, found him, but there were no records or a file at the D.A.’s office in Tijuana or Rosarito for the first few days after his arrest, another
mystery.
It took me about 4 months to get the Ensenada’s Engineering Department to stop the construction of the house Kienzl “bought”, and the construction on
Mr. Mac Donald’s property. He did not obtain construction permits and obviously made no survey of the property he “purchased”. Even more, when he and
his attorney found out that Kienzl was building on Mr. Mac Donald’s property, the construction went faster, week-ends and evenings. After the City of
Ensenada stopped the construction and put the seals on the doors, they were violated and the remodeling got finished.
I am very familiar with Kienzl’s “purchase contract”. The seller, Mrs. Bernal was very clear about what she was selling to Kienzl, but he and his
contractor just built whatever and wherever they wanted. They even built on the Federal Maritime Zone which is national property. According to
Bernal-Kienzl’s contract, he was aware of what is the federal maritime zone, the square meters he bought and the metes and bounds of the property.
Therefore, all the things Kienzl has done were knowing that he was trespassing on the neighbor’s property. Even more, he tried to buy it but when the
owner did not sell him the land, Kienzl just started a series of lawsuits to intimidate his neighbor.
I could go on and on, but it is to long and VERY DISTRESSING. If you want more information please check the following:
www.ieweekly.com/news Article “Know your neighbor”.
www.easyreader.hermosawave.net Article “Property wars, Mexican style” Part 1, 2 & 3.
If you have any questions please, contact me.
Silvia.
[Edited on 3-9-2007 by MexicoTed]
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David K
Honored Nomad
Posts: 64834
Registered: 8-30-2002
Location: San Diego County
Member Is Offline
Mood: Have Baja Fever
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Thanks Ted for posting this !
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