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mtgoat666
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Quote: Originally posted by BajaTed  | This story is why you go in person to the publico notario to see your recorded fidecomiso. You then take a picture of the book cover and all the
pages. Our 1987 family photos of the "book" in the Ensenada office led to it being shown again to us in 2018.
First thing shown to a realtor or Abagado is the business card of the Notario officer. If you don't meet this person on a F2F basis, your in over your
head.
A good notario is better than any Abagado; rule #2 of Baja realty |
Last week there was a thread here where a Mulegé “realtor” said you could buy houses from him with just a virtual inspection, and he would make
all the paperwork happen w/o even needing to be in Mexico. A bunch of mulege nomads chimed in to say this “realtor” is More honest than Jesus,
walks on water, turns water into wine, etc.
Sounds like Udo should have hired mulege Jesus as his agent.
The Mexican system of real estate transfer/title is a mess.
Woke!
“...ask not what your country can do for you – ask what you can do for your country.” “My fellow citizens of the world: ask not what America
will do for you, but what together we can do for the freedom of man.”
Prefered gender pronoun: the royal we
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Maderita
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Perhaps the reference is to "Las Gaviotas" a few miles south of Rosarito?
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SFandH
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Las Gaviotas
https://www.google.com/maps/place/Las+Gaviotas,+Baja+Califor...
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JZ
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| Quote: Originally posted by Terry28 | | I know a lot of people, there are 290 homes in Las Gavitos, all with fidos, and we didn't get screwed like you did...You had bad legal representation
all the way...that doesn't make fidos bad, just the people who failed to do their job..... I have also had property on leased land....and got screwed.
I walked away from a house I paid cash for..... |
A lot of truth in this post.
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DouglasP
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| Quote: Originally posted by mtgoat666 | | Quote: Originally posted by BajaTed | This story is why you go in person to the publico notario to see your recorded fidecomiso. You then take a picture of the book cover and all the
pages. Our 1987 family photos of the "book" in the Ensenada office led to it being shown again to us in 2018.
First thing shown to a realtor or Abagado is the business card of the Notario officer. If you don't meet this person on a F2F basis, your in over your
head.
A good notario is better than any Abagado; rule #2 of Baja realty |
Last week there was a thread here where a Mulegé “realtor” said you could buy houses from him with just a virtual inspection, and he would make
all the paperwork happen w/o even needing to be in Mexico. A bunch of mulege nomads chimed in to say this “realtor” is More honest than Jesus,
walks on water, turns water into wine, etc.
Sounds like Udo should have hired mulege Jesus as his agent.
The Mexican system of real estate transfer/title is a mess. |
Good lord goat.....you are such a piece of..........work. SMFH.
I like beer, better than most people.
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BajaTed
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From 10,000 ft.
Another reason for the photos of your recorded fidieocomiso is that Notario offices can catch fire and all record books are destroyed. 
This was the story told to us back in 87 by an old timer in the office. The Ensenada office burned down in 1922
The very first land deed in Orange County CA. was by the San Juan Mission 17xx, that document is smoke damaged too BTW
Es Todo Bueno
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advrider
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Glad it worked out for everyone. I was so close to buying your place, it was an amazing deal, location and size. Someone made out well even with all
of the headache...
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Udo
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Yes, they did, adv! It took 8 months and a lot of patience, plus put up with a lot of BS and nitpicking by Banorte.
It is an incredible location!
Udo
| Quote: Originally posted by advrider | | Glad it worked out for everyone. I was so close to buying your place, it was an amazing deal, location and size. Someone made out well even with all
of the headache... |
Udo
Youth is wasted on the young!
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HeyMulegeScott
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Our Fidecomiso is a 46 page document but we got a pdf copy before we signed and were able to scan through and make sure our names were right and the
info seemed correct. Our attorney acted as our translator at the notary and took the time to review the sections and explain the general meaning. https://www.gaytanlegalservices.com/ -
mtgoat666 - You can buy property without going there, Jose is a legit agent in Mulege, and people are doing it but it seems a little crazy.
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Udo
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I was not the one who found the help needed to get the work done.
| Quote: Originally posted by lencho | | Quote: Originally posted by Udo | | Yes, they did, adv! It took 8 months and a lot of patience, plus put up with a lot of BS and nitpicking by Banorte. |
Ah, Mexican burrocracy. Were you doing all the legwork yourself, or get the help of a gestor or equivalent?
Getting competent specialists involved in processes like that can save so much hassle. Of course you thought that lawyer was playing
that role, and look how that turned out. 
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Udo
Youth is wasted on the young!
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RFClark
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Our experience with our with a fido was different. First, the process of buying land and/or a house in Mexico is different. The Notary is the single
most important link in the chain here. You can't be cheated without the notary being in on it. In the end the notary records your purchase in the
record book in LaPaz for BCS. The notary sends you a recorded copy at which point the money is paid the seller from a trust account.
Having your property surveyed is also a good idea even if it’s a well established area.
Our Fido is with Banco Bajo who’s Real estate trust office is right next to hotel circle in Cabo San Jose. We visit them to pay our annual feel
Beware of Realtors or Sellers who offer to save you time or money on the Fido process! That is a scam alert! Know who is holding your money and that
it is in a trust fund that won’t pay the seller anything until your paperwork is recorded!
That said people are cheated on real estate in the US all the time too!
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BajaTed
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The Notario records your Fideocomiso number in their log books.
You don't get sent a formal land deed with a record number because the Fideocomiso document is only a lease. The Notario book only references your
Fideo #and its made of paper, (wood buildings filled with paper burns BTW) NO digital record, this is why you take a picture of the record book page
& cover
UH, I've seen Whiteout too in the record books, take a picture or accept the
risk of ambiguity in the future
You have a lease only, No deed, the bank or the Ejido acts as a pseudo land owner cuz your a foreigner.
Trust , but verify and photocopy as needed
Es Todo Bueno
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SFandH
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| Quote: Originally posted by BajaTed | The Notario records your Fideocomiso number in their log books.
You don't get sent a formal land deed with a record number because the Fideocomiso document is only a lease.
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A fideicomiso is not a lease. The following explains the difference:
Is a Fideicomiso like a lease agreement?
No. A Fideicomiso grants the beneficiary (buyer) all the rights of ownership: the rights to buy, sell, lease, use, bequeath, improve, transfer, and
encumber. A lease grants only the right to use. If a lessee makes improvements (such as building a house) on the property, that house belongs to the
landlord. Nor can the lessee sell the property or borrow money on it. Before 1971, the bank trust was not available, and leasing was the only option
for Americans and other foreign Buyers.
https://www.buyplaya.com/What_is_a_Fideicomiso/page_2491617....
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BajaTed
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| Quote: Originally posted by SFandH | | Quote: Originally posted by BajaTed | The Notario records your Fideocomiso number in their log books.
You don't get sent a formal land deed with a record number because the Fideocomiso document is only a lease.
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A fideicomiso is not a lease. The following explains the difference:
Is a Fideicomiso like a lease agreement?
No. A Fideicomiso grants the beneficiary (buyer) all the rights of ownership: the rights to buy, sell, lease, use, bequeath, improve, transfer, and
encumber. A lease grants only the right to use. If a lessee makes improvements (such as building a house) on the property, that house belongs to the
landlord. Nor can the lessee sell the property or borrow money on it. Before 1971, the bank trust was not available, and leasing was the only option
for Americans and other foreign Buyers.
https://www.buyplaya.com/What_is_a_Fideicomiso/page_2491617.... |
What Is a Grant Deed?
A grant deed is a legal document used to transfer ownership of real property. The grantor is the person transferring the property, and each grantor
must sign the deed. The grant deed is an official record that indicates a title has not already been granted to another person.
A grant deed contains the name of the person or entity transferring the property (the grantor); the legal description of the property being
transferred (i.e., lot number, tract number, city, county, and state); and the name of the person or entity that the property is being transferred to
(the grantee).
KEY TAKEAWAYS
A grant deed is used to legally transfer ownership of real property and is an official record that a title is clear.
Es Todo Bueno
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SFandH
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My point is simply that a fideicomiso and a lease are two very different types of contracts.
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BajaTed
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Thanks for clarifying, its all good
Es Todo Bueno
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DianaT
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I am reviving Udo's thread just as another warning to anyone who bought or sold property in Bahia Asuncion and used the services of Alonso and his
local female partner. When we bought the property about 15 years ago, paperwork was done properly, and while there was an attempt to extort more
money from us due to someone's convenient loss of memory and fuzzy math, the amount was small and we had our records in order.
When we sold 8 years ago, we again used the services of Alonso and his partner, and as it turns out, NOTHING was done correctly. Where the money we
paid to them went we don't know, and even the Notario was involved in the fraud. We hear he is no longer a Notario. Paper work they sent to us was
fraudulent, and while we had agreed to pay a commission to a Corporation, in the end we had to pay Alonso's local partner in her name only. We have
no idea if the corporation ever existed.
Long story short, after months, today our nightmare ended because the same person who bought Udo's place bought our old place from the new owners ---
the property was never put into the names of the people who bought our place and their new fideicomiso was just worthless paper.
So if you bought or sold property in BA around that time, we suggest you check to see if the title is correct. The correct title information is in
Santa Rosalia, and as Udo suggested in the original post, Karla Estrella Espinoza Barraza, the Notaria in Vizcaino is a good person to work with.
Bahia Asuncion is a great place with a lot of great people. Had there been better medical services close by we would probably still have our home
there. Overall, it was a positive 7 year chapter in our lives.
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BajaLuna
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Udo, I'm so sorry this happened to you. But I know we are all relieved now to finally have it all settled.
P.S. I'll never forget your delicious gumbo you fixed us in BA a few years ago, I have never stopped thinking about it. It was the best I've ever had.
Delicious and PERFECTO!
I wish you and Jana well!
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BajaTed
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Our Notario got her gift card as usual, I'll stop by later in the year to see how the familia is.
For us folks from the Alta with Fideo's, your Notario is like your Patron.
Treat them accordingly.
Es Todo Bueno
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BajaBlanca
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What an ordeal. Thank goodness it is all done, Udo!
All I can say is that one has to read and reread every single word on all documents. Les is very careful and I cannot tell you how many errors in
birthdates or names he has found.
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