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longhairedbeatnik
Banned
Posts: 32
Registered: 6-3-2009
Location: California
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It has been brought to my attention that some of the former workers have been taking sinks,toilets and the like from some of the homes there. My
friend who has a place there has been told this by someone who is there trying to sort this out. She is trying to book a flight and get down there.
Does anyone know a decent lawyer in Loreto that is honest and can be trusted to deal with this mess.
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drzura
Nomad
Posts: 320
Registered: 7-1-2006
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All I can say is do not invest more than you are willing to lose. With Mexican law and land deals very murky at best, do not put your entire savings
into an investment in Mexico. It may work out for some, but others will get burned.
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Don Alley
Super Nomad
Posts: 1997
Registered: 12-4-2003
Location: Loreto
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| Quote: | Originally posted by longhairedbeatnik
Does anyone know a decent lawyer in Loreto that is honest and can be trusted to deal with this mess. |
A lawyer? What's lawyer going to do? Sue someone? Who?
Are the business people any more liable for their bad decisions than the buyers (who are mostly investors themselves) are for their bad decisions?
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805gregg
Super Nomad
Posts: 1344
Registered: 5-21-2006
Location: Ojai, Ca
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I've been watching this happen since the 60's. In Baja norte how many times have they put up signs and built a fancy entry, then nothing else. Now
they just have fancier marketing and can target more potential victums.
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ligui
Senior Nomad
Posts: 837
Registered: 2-9-2008
Location: Fraser co.
Member Is Offline
Mood: love Baja !
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Everyone that has invested , still have title to their land , ?
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longhairedbeatnik
Banned
Posts: 32
Registered: 6-3-2009
Location: California
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| Quote: | Originally posted by Don Alley
| Quote: | Originally posted by longhairedbeatnik
Does anyone know a decent lawyer in Loreto that is honest and can be trusted to deal with this mess. |
A lawyer? What's lawyer going to do? Sue someone? Who?
Are the business people any more liable for their bad decisions than the buyers (who are mostly investors themselves) are for their bad decisions?
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You might be right but I can only speak for my friend. She is a schoolteacher who bought the home to retire in later this year. She was misled and
lied to about progress on her house so that payments to Loreto Bay would continue. Its been nothing more than a scam and yes, she should not have
trusted these people but its done now.
Its outright robbery and its wrong.
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Don Alley
Super Nomad
Posts: 1997
Registered: 12-4-2003
Location: Loreto
Member Is Offline
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| Quote: | Originally posted by longhairedbeatnik
| Quote: | Originally posted by Don Alley
| Quote: | Originally posted by longhairedbeatnik
Does anyone know a decent lawyer in Loreto that is honest and can be trusted to deal with this mess. |
A lawyer? What's lawyer going to do? Sue someone? Who?
Are the business people any more liable for their bad decisions than the buyers (who are mostly investors themselves) are for their bad decisions?
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You might be right but I can only speak for my friend. She is a schoolteacher who bought the home to retire in later this year. She was misled and
lied to about progress on her house so that payments to Loreto Bay would continue. Its been nothing more than a scam and yes, she should not have
trusted these people but its done now.
Its outright robbery and its wrong. |
Sounds like she needs a contractor to finish her house. She can probably get one that will work cheaper than LB's. I can recommend one. If she has
some kind of title or claim to the property she can still proceed with her plans, as can the other folks down there.
But, uh, yeah, to do all that they may need...a lawyer.
OK, my bad, my apologies!
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tripledigitken
Ultra Nomad
Posts: 4848
Registered: 9-27-2006
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Beatnik,
Sorry for your friends situation. I only wish you and she had been following the postings about Loreto Bay here over the last 2 years. Many negative
parts to this story have been discussed and anyone reading them would certainly have seen the red flags.
The real lack of follow through with the infrastructure development issues early one was the clue to me that this project would not deliver as
promised.
Ken
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longlegsinlapaz
Super Nomad
Posts: 1685
Registered: 11-18-2005
Location: La Paz
Member Is Offline
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longhairedbeatnik
I only know enough about Loreto Bay to know that it's a development I'd never get suckered into....but that being said, typically, any construction
here, while it may be done on behalf of the "owner/buyer/purchaser", doesn't become the actual property of the "owner/buyer/purchaser" until
construction is completed & manifested with the proper agencies. In other words, mid-construction the builder retains authority &
responsibility until he legally signs it off to the "owner/buyer/purchaser".
Your friend is in a very bad position because of all the negative publicity driven by mis-use of "owner/buyer/purchaser" funds, as well as the
overwhelming negativity associated with Loreto Bay through their poor management of the entire project in general. I think the best thing she could
do right now....IF she can FIND someone within the Loreto Bay organization who has legal power to sign the full rights to the
property over to her, that's the route I'd pursue. Then I'd secure the property to prevent theft of materials/fixtures/plumbing/wiring/etc. When the
dust settles, if it ever does, then she'd need to contract someone to finish it for her.
But in my mind, there are many, many questions I'd ask to determine the smartest route to take.
~ How much does she have invested at this point?
~ How close to completion is the structure?
~ How much more $ would she have to put into it to complete?
~ Is there currently enough/any infrastructure installed & operational within the development to
support someone living in the casa if it were to be completed?
~ Does she have a Fideicomiso to the property in her name?
IMHO, she mas more going against her than she has going for her, but I'm basing my comments on general knowledge & experience of buying land &
building in Baja in general, NOT any personal knowledge/experience with Loreto Bay.
Common sense tells me the fact that the Loreto Bay office has been stripped & closed, combined with the company letter of notification tells me
your friend has most likely got a long & expensive uphill legal battle against her. At this point in time, based on what I've read here alone, I
sincerely doubt that her paying an attorney at this point in time would achieve anything other than simply pouring good money after bad.
I know that the letter stated that LB would be in contact with people with homes currently under construction (yeah, I'd believe that WHEN it happens)
but has she been in direct contact with anyone in authority?
Sorry that your friend finds herself in this position, especially in light of all the negativity surrounding Loreto Bay since the development first
hit the drawing boards; how she could have missed the negative publicity & bought into it is beyond me, but she did & now is asking for help
to cut her losses....so how about showing a little compassion & cutting her a little slack everyone? 
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vandenberg
Elite Nomad
Posts: 5118
Registered: 6-21-2005
Location: Nopolo
Member Is Offline
Mood: mellow
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They call it "THE PROJECT", should have been "THE PROJECTS". A more fitting name could be "THE LORETO GHETTO".
Right now it resembles Hamburg, Berlin or Dresden in 1945.
There isn't, even after 4 years, one area in the whole project that's actually finished. Most so called completed areas have barren circles and
patches obviously destined for statues or fountains or the like. If there ever was a contest for an A1 boondoggle,this one would cerainly be in the
running.
And Longlegs,
Compassion should be reserved for children, old folks, whose mental capacities have deteriorated, people of diminished capacity, but not for folks who
apparently were smart enough to scrape together a big chunk of money to plunk down. To my way of thinking, they don't deserve any better.
[Edited on 6-7-2009 by vandenberg]
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flyfishinPam
Super Nomad
Posts: 1727
Registered: 8-20-2003
Location: Loreto, BCS
Member Is Offline
Mood: gone fishin'
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| Quote: | Originally posted by longhairedbeatnik
Does anyone know a decent lawyer in Loreto that is honest and can be trusted to deal with this mess. |
my long term Loretana advice, no honest lawyer exists in this country. the best way to fight this legally is do it stateside (or province side).
this is honest and true advice.
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Dave
Elite Nomad
Posts: 6005
Registered: 11-5-2002
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Good advice
| Quote: | Originally posted by flyfishinPam
my long term Loretana advice, no honest lawyer exists in this country. |
And I would add judges to the list. However, this presents an opportunity...
Justice can be purchased.
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longhairedbeatnik
Banned
Posts: 32
Registered: 6-3-2009
Location: California
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This is the info I have so far. A letter or email arrived several weeks ago telling her the project was 70% complete and would she forward her payment
to the company. She emailed for some pictures to show the work completed and was forwarded pictures of her home. She paid the payment due at that
time. Two days ago,one of other homeowners sent here pictures of her house and it is less than 20% completed . The company sent her pictures of
another home that looked like her floorplan and scammed her into making another payment.
She has her sales contract but title and her bank trust were to follow completion of the home and her final payment.
She has paid over $265,000.00 dollars so far. It would appear that they have been doing a bait and switch when it comes to draw payments and did so by
sending pictures of another unit. They were trying to get as much cash out before the crash of the project is my impression.
Completing the home is not an option as it appears she does not even own it yet. It is a mess.
[Edited on 6-7-2009 by longhairedbeatnik]
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flyfishinPam
Super Nomad
Posts: 1727
Registered: 8-20-2003
Location: Loreto, BCS
Member Is Offline
Mood: gone fishin'
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I am so sorry about your friend beatnick. Seeing what you wrote about how she was deceived it is truly sad. This information does need to be made
public however so that future buyers will be forwarned.
"It would appear that they have been doing a bait and switch when it comes to draw payments and did so by sending pictures of another unit. They were
trying to get as much cash out before the crash of the project is my impression."
unfortunately they've been "borrowing from Peter to pay Paul" for a very long time which is partially why they failed.
I have to say that when this project was first announced I was supportive of it. Loreto needed some kind of economic stimulation and this seemed like
an excellent solution. Plans for Nopolo were for Acapulco style sprawling tourism projects which just won't work here. So the concept of LB was very
appealing. Then the project just kept getting bigger and bigger eventually planning for two golf courses, several villages including 6000 homes,
timeshares and hotels to add another 800 rooms. This Nomad board peaked my curiosity to look into this further and finally to become completely
skeptical. A few years ago I was providing tourism services to their guests and buyers that needed to be appeased. After this service was provided
getting payment from them was very difficult. I finally did get paid and never again did any direct business with them or the hotel. I hear of other
service providers who weren't so lucky my heart goes out to them, and the workers who are being and will be laid off.
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comitan
Ultra Nomad
Posts: 4177
Registered: 3-27-2004
Location: La Paz
Member Is Offline
Mood: mellow
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This project is probably under a Master Fideicomiso and if the Holder goes bankrupt then all of the project would be owned by the lender.
Strive For The Ideal, But Deal With What\'s Real.
Every day is a new day, better than the day before.(from some song)
Lord, Keep your arm around my shoulder and your hand over my mouth.
“The sincere pursuit of truth requires you to entertain the possibility that everything you believe to be true may in fact be false”
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flyfishinPam
Super Nomad
Posts: 1727
Registered: 8-20-2003
Location: Loreto, BCS
Member Is Offline
Mood: gone fishin'
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hey Vandenberg, we know you live in Nopolo so can you be our eyes and ears on the ground for tomorrow?
I just called an inginero friend of mine who is in La Paz right now (and works for LB) and he was dam-ned surprised about this news. Even hotel staff
according to the Stark Silver Creek comments section, are oblivious (although I'd imagine they're figuring it out now).
There was supposed to be a series of World Heritage Alliance meetings tomorrow and Tuesday at the Inn but now they're figuring out where to hold them
since it will be closed there.
I am wondering how many employees know about this now? I am wondering if there may be a riot there in the morning? LOTS of people showing up to work
will only just be finding out when they show up to work. They announced it on a Saturday evening knowing that people would only find out in Monday.
Perhaps todays flight can be named the "exile flight" as I'd imagine several key players may be escaping what could take place mañana.
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vandenberg
Elite Nomad
Posts: 5118
Registered: 6-21-2005
Location: Nopolo
Member Is Offline
Mood: mellow
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| Quote: | Originally posted by flyfishinPam
There was supposed to be a series of World Heritage Alliance meetings tomorrow and Tuesday at the Inn but now they're figuring out where to hold them
since it will be closed there.
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Well Pam,
Don't know where you found that news. That's definitely news to me.
But I will take a ride to the beach and see if I can get the dope on the hotel.
Back later.
[Edited on 6-7-2009 by vandenberg]
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vandenberg
Elite Nomad
Posts: 5118
Registered: 6-21-2005
Location: Nopolo
Member Is Offline
Mood: mellow
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Just back from the hotel/Inn.
This afternoon it will close. All  guests are transfered to hotels in town. Will stay closed till further notice, iow will be a while.
And for further news: The golfcourse, where they just spend 13.2 Mil ( dollars that is ) will close shortly. Lots of folks holding prepaid tickets for
multiple rounds, which, of course will be forfeited.
And here go all the homeowner amenities with the hotel closing.
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Cypress
Elite Nomad
Posts: 7641
Registered: 3-12-2006
Location: on the bayou
Member Is Offline
Mood: undecided
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It didn't take a rocket scientist to see this coming.
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k-rico
Super Nomad
Posts: 2079
Registered: 7-10-2008
Location: Playas de Tijuana
Member Is Offline
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| Quote: | Originally posted by comitan
This project is probably under a Master Fideicomiso and if the Holder goes bankrupt then all of the project would be owned by the lender.
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comitan,
Master Fideicomiso??
What's that? Are you saying that the people who have completed houses that are paid for in full do not have their own fideicomisos where the parcel
their house is on is defined as the property in the trust and they are the sole beneficiaries?
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