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wilderone
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hmmmm - this Ricardo Zazueta and Carlos Lagos Yagues duo was involved in a landgrab scam involving the appropriation of the Blvd 2000 land as well.
Says with false documents. Then, after paying landowners a pittance to acquire their holdings, they resold for much more, essentially victimizing the
original landowners. (I think that's what it says).
http://www.oem.com.mx/elsoldetijuana/notas/n200455.htm
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DENNIS
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| Quote: | Originally posted by Bajahowodd
Whatever became of the crook who sold the homes in Punta Banda? |
Well connected people are not crooks. They're just misunderstood.
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Paulclark
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Liens are recorded at the Public Registry Office of the jurisdiction of the property and can be viewed by anyone. Normally you get a person who is
familiar with the process to do it for you -- such as a title search company. To transfer property legally there must be a statement of no liens
issued by the public registry office.---and the only person who can legally transfer property is a Mexican Notary Public who is appointed by the state
government.
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fishbuck
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| Quote: | Originally posted by Paulclark
Liens are recorded at the Public Registry Office of the jurisdiction of the property and can be viewed by anyone. Normally you get a person who is
familiar with the process to do it for you -- such as a title search company. To transfer property legally there must be a statement of no liens
issued by the public registry office.---and the only person who can legally transfer property is a Mexican Notary Public who is appointed by the state
government. |
How do you find out if there are any pending court cases concerning property you may want to buy?
"A ship in harbor is safe, but that is not what ships are built for." J. A. Shedd.
A clever person solves a problem. A wise person avoids it. – Albert Einstein
"Life's a Beach... and then you Fly!" Fishbuck
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Bajahowodd
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So I'm misunderstood, too?
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Paulclark
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Now you are beyond my experience ----- If there is an action against a property it must be recorded, ----- The best procedure I know of and follow
when buying property is to have all the adjoining property owners sign and agree to the property lines and insure the seller has been in legal
possession of the property. Also that there has been no recorded action against the property for at least 5 years and I use a Notary who is familiar
with the property and the area. Problem properties are usually known and will have a history. Title insurance is an American concept and has only
recently starting to be recognized and used here, but there are some reputable title insurance companies.
In the thread I have seen nothing about these "owners" having legally recording their ownership and having the rights to the properties transferred
into their name. Why would you pay for property before it is legally transferred to your name without using escrow and the tools available?--Just as
you would in the US?
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Woooosh
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| Quote: | Originally posted by Paulclark
Why would you pay for property before it is legally transferred to your name without using escrow and the tools available?--Just as you would in the
US? |
great point! exactly. Use a transfer system you trust and don't allow yourself to be talked out of your comfort zone.
\"The only thing necessary for the triumph of evil is for good men to do nothing\"
1961- JFK to Canadian parliament (Edmund Burke)
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Woooosh
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| Quote: | Originally posted by DENNIS
| Quote: | Originally posted by Bajahowodd
Whatever became of the crook who sold the homes in Punta Banda? |
Well connected people are not crooks. They're just misunderstood. |
There is no shame in Mexico.
950 Families Affected by Home Seizure
Latest News
Written by BBSTF
Wednesday, 08 April 2009 18:41
BBSTF has confirmed that a protest took place yesterday at Rosarito's city hall over property being seized from both Mexicans and U.S. citizens.
Affected are more than 950 families from the Terrazas del Mar neighborhood who purchased homes from Grupo Lagza, which had mortgaged the properties in
1994 and failed to inform buyers of the fact. Litigation is presently in progress, and the courts will determine the ultimate disposition of these
homes. Included below is a translation of the announcement of the protest, and we will have more news as the story develops...
To All:
In our character as residents of Terrazas del Mar, and inhabitants of the city of Rosarito Beach, Baja California, we make a public complaint against
the social disaster that awaits, and because of such, we appeal to the media, the general public, and the local, state, and federal authorities for
their help, fearing the loss of our homes for over 950 families that we acquired in good faith in the Terrazas del Mar subdivision, in this city.
More than 10 years ago, we, the affected parties, made payment to Grupo Lagza, directed by Mr. Carlos Lagos, for lots of land in the Terrazas del Mar
subdivision, not knowing that they had been mortgaged since 1994; now, and after all these years of sacrifice, we find ourselves in the midst of
judgements and conflicts which we do not recognize as our own, because we purchased the property in order to live in peace and retirement in this
region of great people, and hard working individuals who make Rosarito a wonderful place...
Presently, and after litigation which has worn us out in the defense of our homes, we find ourselves in a moment of decision, in the hands of justice,
in the hands of competent authorities who will decide if we are or are not victims of fraud; the resolution of which will affect the region and state
on the international level, socially and economically.
The Fifth District Court headquartered in the city of Tijuana, Baja California, sheltered and protected us by means of federal justice (Remedy no.
343/2008), resolution which was appealed by the opposition (UNICRECOPE), and presently the case is being heard in the Fourth Official Tribunal
headquartered in the city of Mexicali by magistrate Judge José Aguilar Moya, who will make the final determination of the future of each one of us,
and a part of Rosarito.
We believe in justice, we believe in the authorities, we believe in the rule of law, and above all else we believe in the capacity of those who will
make the ultimate verdict, and because of that we appeal before the society of Rosarito to ask for their help and together we will find strength in
our feelings and the presence of inhabitants from all of Rosarito, and thus avoid in the future a social problem of gravest consequence for all; we
appeal to our magistrate, that they will give a just decision, and right the wrongs upon deciding in our favor.
We hope for your help and support, thanks!
The inhabitants of Terrazas del Mar
7 April 2009
[Edited on 5-14-2009 by Woooosh]
\"The only thing necessary for the triumph of evil is for good men to do nothing\"
1961- JFK to Canadian parliament (Edmund Burke)
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fishbuck
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| Quote: | Originally posted by Paulclark
Now you are beyond my experience ----- If there is an action against a property it must be recorded, ----- The best procedure I know of and follow
when buying property is to have all the adjoining property owners sign and agree to the property lines and insure the seller has been in legal
possession of the property. Also that there has been no recorded action against the property for at least 5 years and I use a Notary who is familiar
with the property and the area. Problem properties are usually known and will have a history. Title insurance is an American concept and has only
recently starting to be recognized and used here, but there are some reputable title insurance companies.
In the thread I have seen nothing about these "owners" having legally recording their ownership and having the rights to the properties transferred
into their name. Why would you pay for property before it is legally transferred to your name without using escrow and the tools available?--Just as
you would in the US? |
Okay, I guess my question is this. Are pending legal actions ( active court cases) recorded in the Public Registry Office?
I have my documents recorded with a Notary in Ensenada. He is well known and owns a large hotel there. Also the owner of the developement where I
bought is also well known. The project is an approved subdivision and very formal.
If there was a pending action and the Notary was aware would he still register all your documents?
I found out afterwards that there may be a claim against the property. The owner denies it and so does a lawyer that I retain in Ensenada. And so does
a realestate office that continues to advertise property there.
But a person in the know claims there is a case pending in Mexico City.
Any suggestions on determining the truth here?
"A ship in harbor is safe, but that is not what ships are built for." J. A. Shedd.
A clever person solves a problem. A wise person avoids it. – Albert Einstein
"Life's a Beach... and then you Fly!" Fishbuck
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Paulclark
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If this person is in the know then ask for the case number and the what court the action is taking place in. With that information you can request a
copy of the action and find the truth about the action. Is it an action against a person or a piece of property? You can sue a person and attach
their assets but you can't sue a piece of property. If the property in question has been legally transferred with no recorded liens I doubt that you
have any worries. But I am not a lawyer -- if you want a higher comfort level I would ask for a third party legal opinion and possibly place title
insurance on the property.
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arrowhead
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This is a common problem in Mexico. Hugo Torres, the mayor of Rosarito is notorious for doing this. He sells a condo in one of his projects and does
not payoff the underlying loan. Many of his buyers have gone to sell their units years later and found out there was a lien still on the unit, even
though they paid cash for it. When they yell, ol' Hugo fixes it, and calls it a mistake. In reality he just sits on the money. One of these days, and
it may be soon, this is all going to blow up in his face. He can't kite checks forever in this economy.
By the way, title insurance won't do any good. The title insurance shows the underlying lien, so the buyer is not covered by the developers failure to
pay it off.
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Woooosh
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| Quote: | Originally posted by arrowhead
This is a common problem in Mexico. Hugo Torres, the mayor of Rosarito is notorious for doing this. He sells a condo in one of his projects and does
not payoff the underlying loan. Many of his buyers have gone to sell their units years later and found out there was a lien still on the unit, even
though they paid cash for it. When they yell, ol' Hugo fixes it, and calls it a mistake. In reality he just sits on the money. One of these days, and
it may be soon, this is all going to blow up in his face. He can't kite checks forever in this economy.
By the way, title insurance won't do any good. The title insurance shows the underlying lien, so the buyer is not covered by the developers failure to
pay it off. |
welcome to the board arrowhead. I'd say you hit the nail on the head this time.
\"The only thing necessary for the triumph of evil is for good men to do nothing\"
1961- JFK to Canadian parliament (Edmund Burke)
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Paulclark
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Why would you buy a piece of property with a lien on it??? Do you do it in the US?? Makes no sense to me.
A title insurance company is not going to insure a property with a third party lien on it---can't insure a car for a wreck when it has already been in
one.
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rts551
Elite Nomad
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| Quote: | Originally posted by Paulclark
Why would you buy a piece of property with a lien on it??? Do you do it in the US?? Makes no sense to me.
A title insurance company is not going to insure a property with a third party lien on it---can't insure a car for a wreck when it has already been in
one. |
You keep saying why would you.... Sorry to say this but usually because of greed. "I got a good deal"
Makes people do foolish things. Look at our own housing market.
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Paulclark
Nomad
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Good Point--
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capitolkat
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did any of these people have a fidecomiso? If not they took risks that are inappropriate for the location. I examined a Mexican title insurance policy
written by First American and it has so many exceptions to coverage it's essentially worthless and nobody will ever get satisfaction if they rely on
the policy to compensate for the exceptions to clear title.
Life is too short to drink bad wine
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Woooosh
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How many actual moved-in "families", not land speculators are being affected? How many homes were actually built and occupied and how did they do
that without public utility service? Just wondering...
\"The only thing necessary for the triumph of evil is for good men to do nothing\"
1961- JFK to Canadian parliament (Edmund Burke)
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wilderone
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Evidently, this problem was known in 2006, and Grupo Lazga was in the thick of it, operating on the fringes of legality. (sorry, not a very good
translation from Bablefish):
http://www.el-mexicano.com.mx/noticias/estatal/2006/11/17/al...
José Israel IBARRA GONZÁLEZ viernes, 17 de noviembre de 2006
PLAYAS DE ROSARITO. Residentes de "Terrazas del Mar" se encuentran alarmados ante la posibilidad perder sus predios y casas, debido a que fueron
notificados de manera personal por la Unión de Crédito de la Pequeña Empresa e Industria de Querétaro (Unicrecope).
Claudia Sandra Zamarripa Pérez y David Durán Aguilar, vinieron desde Mexicali para investigar la situación de su predio con el Grupo Lagza, empresa a
quien le han estado pagando a través del banco. Manifestaron que su predio costo 10 mil dólares, de los cuales han dado más de 70 por ciento, sin
embargo, ahora están muy preocupados de lo que pueda suceder.
They indicated that the Unicrecope sent to each address a letter to him where they explain to them that Chaste Navarrese, owner of the estate, owes 45
million dollars, because never paid a loan of 10 million dollars. …
In addition they annexed a document to them of the Public Registry of the Property of Rosarito so that they can verify that those lands are mortgaged
from the year of 1994. Lagza responds The Lagza Group gave a letter to all the land proprietors in " Terraces of the Mar" , a copy of El Mexicano,
where they indicate that before the disinformation that in last dates has caused the Unicrecope they communicate: " The existence of the mortgage is
real, nevertheless the same is prescribed (expired) because its collection in the term indicated by the law was not demanded judicially and in
addition the real amount to the debit is much smaller than the exorbitant amount that is mentioned in writings and journalistic publications. The
credits that originate the mortgage were granted to third people offering itself like guarantee the estate on which later " would be developed;
Terraces of the Mar". Lagza group did not know, at the time of developing the division, of the existence of this mortgage that was granted by the
proprietors of the estate, Navarrese Chaste family.
Interposed legal processes exist so that the prescription of the collection of such mortgage is decreed, same whose location unjustifiably has been
evaded by the referred Union of Credit of the Small Company and Industry of Querétaro, every time we have information that no longer is holder of this
mortgage. The Secretariat of Property and Public Credit, through Service of Administration and Disposition of property, ended in April of the present
year and by means of national public licitation nonDCC 03/06, the doubtful rights of the collection of the portfolio (credits) that administered the
Unicrecope, obtaining the ownership Mr. Jose Antonio Barredo Maldonado, with whose representatives we have been negotiating from past June the
solution to such burden. Annexed probatory documentation was copied in the power of El Mexicano. When boasting itself the Unicrecope like proprietor
of the credits, looks for to create alarm between you, to press the negotiations, nevertheless this conduct can constitute a crime that is its case
and moment we will denounce.
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docsmom
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This post may pee all of you off who hate Rosarito and Hugo Torres, but here's my story.
We purchased a condo @ Oceana Towers, pre construction, back in the '90's. We loved it, used it, and finally sold it when an independent party was
purchasing all the units and withholding HOA fees to gain control of the community. It seemed at the time that selling was the right thing to do .
And we had no troubles when we sold our condo.
We miss our Mexican home, we miss our friends, we miss Rosarito. Our purchase, owership, homeowner experience was beautiful. In all the time we
spent there we experienced no threat to our lives or our happiness. We never felt any threat to our ownership.
We haven't been to Rosarito in about 3 years, and we miss it desperately. Today we live in Tucson, we're recent transplants from Las Vegas. I bet if
we compared violence stats, Rosarito to Las Vegas or Tucson, the numbers would be higher in Las Vegas or Tucson, USA.
I do understand that the level of violence is increasing in Rosarito, to a level that makes even me concerned. But with the state of the economy
right now everyplace is experiencing more desperation and voilence.
I'm truly concerned about the folks @ Terrazos del Mar. I hope this turns in their favor and if they need any support that I can offer I'm there for
them.
Those of you @ Terrazas, don't give up hope. Hold on to your dream. Gather together and make a stand. Lots of folks have negative feelings toward
Mayor Torres, but I encourage you to meet with him. He's the most powerful person in Rosarito and I still believe that he has the city's best
interests in mind.
Let me know if I can help.
Kathy
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Dave
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1000 families is a stretch
Maybe a 1000 lots have been sold but I doubt it. Very few gringos. Lots of dual citizens, though.
But they should know better. 
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