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ramuma53
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As an Example
When you find a property you like, to live your golden years, get thought, you know complex problems exist and you know the sellers and Real Estate
agents have been lying to the American buyer for a long time.
Ask for a Fideicomiso that as first mission has to investigate the title and go to the roots, to the first National Land Title where as is obligated
by law, it came out of National Land property becoming Private property.
Ask for collateral from the seller to become guarantee in case a flaw is found and the real estate deal goes down, including coverage for all your
expenses, that guarantee has to go in to a guarantee fideicomiso and explain every way you can be harmed if a flaw is found even after some years and
of course ask to be covered for a flaw in the bank procedures in finding the flaw. The collateral property must be enough to cover your damages,
because you cannot touch the bank property, only what is included in the fideicomiso.
This plus the usual holding of the property for 50 years to allow you as foreigner to buy the property.
Also, decide with the seller what is going to happen after the 50 years, because it may go back to the seller or you may decide something else, but if
you do not say anything it will go back.
The seller will not want to do this and some people may advise you, that it is not being done that way, but the bank as trusted party, will have no
objection to any condition you include and the bank will make sure it gets fulfilled exactly and you will not have to sue any party if something goes
wrong.
With a contract fideicomiso and guarantee fideicomiso I do not see how you can sustain any damage.
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Woooosh
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| Quote: | Originally posted by bajaeng
Interesting development with my interactions with real estate places who have listings in Puerta del Mar: I have asked them directly about possible
problems involving a lawsuit based on national land title concerns ... they were vigorously saying there are no problems and there are no pending
lawsuits, but when I gave them the case number that ramuna shared, they have suddenly gotten very quiet and I haven't heard a word from them since.
Even from their highly respected Notario .... hmmmm |
That 507710 case number for the SRA file of Rancho Costa Azul by Mr. Jorge Duran is golden. When presented with the same scenario for the land title
at Playa Bonita Condos in Rosarito Beach, their lawyer (and Rosarito AMPI President) pulled the sale listing and now they are only planning to rent
them (until Mr. Duran kicks their thieving butts off his land I would presume). I believe the case has been "in an administrative process" for so
long- many have started to ignore his rights, or presumed they has expired? It is interesting and I too do not fully understand how an administrative
case can take so long to complete and yet be so important to the development process of the city of Rosarito.
I have done web searches and checked the SRA website, but cannot find a PDF or scan of SRA File # 507710 to download and print out.
[Edited on 7-25-2011 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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MitchMan
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ramuma53,
Do you have any insight as to Santander bank's or Banorte bank's or Bancomer bank's competence as fiduciarios?
[Edited on 7-25-2011 by MitchMan]
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wessongroup
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Mood: Suicide Hot line ... please hold
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| Quote: | Originally posted by Woooosh
| Quote: | Originally posted by bajaeng
Interesting development with my interactions with real estate places who have listings in Puerta del Mar: I have asked them directly about possible
problems involving a lawsuit based on national land title concerns ... they were vigorously saying there are no problems and there are no pending
lawsuits, but when I gave them the case number that ramuna shared, they have suddenly gotten very quiet and I haven't heard a word from them since.
Even from their highly respected Notario .... hmmmm |
That 507710 case number for the SRA file of Rancho Costa Azul by Mr. Jorge Duran is golden. When presented with the same scenario for the land title
at Playa Bonita Condos in Rosarito Beach, their lawyer (and Rosarito AMPI President) pulled the sale listing and now they are only planning to rent
them (until Mr. Duran kicks their thieving butts off his land I would presume). I believe the case has been "in an administrative process" for so
long- many have started to ignore his rights, or presumed they has expired? It is interesting and I too do not fully understand how an administrative
case can take so long to complete and yet be so important to the development process of the city of Rosarito.
I have done web searches and checked the SRA website, but cannot find a PDF or scan of SRA File # 507710 to download and print out.
[Edited on 7-25-2011 by Woooosh] |
There are "records" then there are "RECORDS"..... appears you have found one they® would really rather forget...
Some super work on this board to make the process of purchasing real estate... SOB a bit clearer ... and with a rather simple path to follow... in
step wise fashion...
Thanks to all who have helped.. get a functional outline on how to.... once again BN comes through... pretty good function for a place where one can
glean so much information and knowledge... 
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MitchMan
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I have saved every page of this thread on my hard drive. It's golden.
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GLNaeve
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Sir,
I am joining the discussion late.
Has there been a discussioin of the topic of Profepa cases regarding the encroachment of real property on to or into the federal zone? Especially
with the "re-calculation" of the Federal zone. Specifically in the Mulege, Playa el Coyote? If this type of discussion taken place, I will reserach
the past posts.
Back gound: Playa el Coyote, BCS, the area has 8 residence adjacent to the Fedral Zone. In September 2008, Profepa redrew the federal zone (inland)
thus now residence now encorach on the Federal Zone and citations were issued as per the maritime federal zone and environmental impact procedures.
The majority of the citiation were recended by Governmental Agency, two were not recended. The two citation were challenged in the Federal
Constitutional Court in Culiacan, Sinaloa via Nullification Law suit and have been reconfirmed against the property.
Is there an individual that you know of who I can contact to discuss the issues? (Each fine is approximatley $79K MX pesos.)
Thanks for your time and effort.
I wait your thoughts and perhaps some direction to an individual for further discussion. I am located in Los Angeles, California and the residence is
located in the Mulege BCS area.
Gary
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wessongroup
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| Quote: | Originally posted by MitchMan
I have saved every page of this thread on my hard drive. It's golden. |
Ditto's...
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ramuma53
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GLNaeve
GLNaeve
I know about the problem because I own Buenaventura, Requeson, La perlita and Armenta property in Bahia concepcion and the same people did the Federal
Zone re drawing, but let me explain a bit about the procedure needed to do that.
First, Mexican constitution forbid authority to just grab property from Private Property owners, it require that a legal and able court know about the
case and the owner citated to court, then a legal rulling affecting the property must be issued and the owner allowed every legal oportunity to
deffend himself. It is a constitutional right, no way arround it.
When that Federal Zone people, redrew the Federal zone boundaries, they affected private property, without the legal procedure and respect to the
owners, who were derpived of their property without legal procedure allowing them to deffend theirselves.
That mean, that the land owners can ask for Federal Law protection known as an Amparo to retain their property, but they have only 15 working days
after they know of the Federal Zone redrawing to do it.
The good part is that since the Federal Zone did not served the legal citation, the owners do not legally know and they can ask for the Amparo at any
time now.
On the side, the Federal zone in Bahia concepcion is a joke, in most of the Mexican Coastal line, the Federal Zone monuments are a monument to exact
sciences, you can relly on them to have an exact position to 1 mm and we use them as landmarks in topoghraphical works, but in Bahia concepcion and
South Baja, they just took the easy way and just walked along the easyest ways putting the monuments on the easiest spot; in some places, the monument
is 40 mts inland and they did not respected the 1992 Federal Zone definition, that actually is:
Where and only if the coast has a beach, if and only if the contiguous to the beach solid ground has a slope of less than 30 degrees, the Federal Zone
will be located on the solid ground and measured as a strip measuring 20 mts.
That mean, that when the coas is a clif with a more than 30 degrees slope, there are no Federal Zone.
Please be carefull when you ask for the amparo and say that you know about the Federal Zone movement since less than 15 days. If you say that you know
for more than 15 days it would be counsented acts and the amparo would be denied and the property lost forever.
There is no other way to do this, because the Federal zone line has already been moved, violating the Private Property owner´s Constitutional rights.
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ramuma53
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bajaeng
Quintana Roo is a new estate, but they have old titles the same as Baja, the difference is that the Estate government asked for the national land
office to review the property rights and issue the needed titles, cooperating with the Federal Government to do that.
In contrast, Baja governor Ruffo Appel, opposed the national land office and asked for the national land delegation to be removed from the Estate.
Puebla Estate had a Private property rights problem similar to Baja Estate, and the National Land office dispatched delegation to Baja and Puebla at
the same time in 1992, in Puebla more than 10,000 National Land titles were issued, correcting the estate problem while in Baja only 3 that I know
were issued because of the Estate opposition, then PAN political party took the Federal government, they did the same in a Federal level, blocking the
National Land office from issuing National land titles and trying to hide the national land property; the consequences you know.
That national land program must be re initiated in Baja to correct the problem, every government official know it but they are trying to hide it, the
Este government know about it, but since they have been graving national land property by other means for 20 years now, they do not want the National
Land office to come and tell them that they are not the owners.
Actually they excavated their own grave, because in 1992 the National land prices were about $1000 pesos for 10,000 m2, then they elevated the
cadastral price and now the price for federal land is about $1000 per m2, they elevated the National land price 10,000 times and now they will have to
pay for the land they graved at actual prices; do you understand their predicament??
Most of Mexico has a solid property rights record, Baja is an exception and the Rosarito coast is the extreme of illegality, you can say that it is
the worst in the whole Mexico and you can thank Hugo Torres Chavert for it.
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GLNaeve
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Rmuma53,
I am glad you had a wonderful vacation!
Thank you for the response and the clarification regarding the Federal Zone and the Amparo in Coyote Bay.
The documents citation were servied on the property (September 2008) and accepted by an individual (Mexican Citizen) who was on the property that
day. After that individual (Mexican Citizen) signed and accepted the citation, the prpoerty owner was NOT informed by the local individual who took
reciept of the citation documents of the fact the citation was served or recieved.
The two citation were challenged in the Federal Constitutional Court in Culiacan, Sinaloa via Nullification Law suit and have been sinice been
reconfirmed against the property.
The fines have been levied against the property.
What might the property owner do for the next step in the process? Does the property owner have recourse? Should the property owner pay the fines
immediately? Should the property owner dealy and not pay the fines?
Is there someone you can reccomend me to talk to in the Mulege Area? Is there someone you know in Mexico that could guid the property owner?
Thanks for your contiuned input!
With Great Respect,
Gary
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ramuma53
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GLNaeve
Legal notification is very personal and cannot be served just to anybody who is on the property, it has to be issued to the legal owner registered in
the public registry, otherwise the notification is not served legally and the 15 day period do not start for the legal owner.
You say that the citation was challenged and that mean, the owner acknowledged the citation and as a legal consequence, he is legally informed and
served.
The only choice is to keep challenging it up to the administrative ruling and then go to an amparo asking for the Federal law protection.
In Mulege I don’t know anybody who can do that, I, when I have something like that; I bring my own expert witness from Tijuana and send my attorneys
from Mexico City.
I know, not a cheap option for everybody, let me find out about some local engineer.
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ramuma53
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Sorry I was not posting more frequently, but I have been working very hard in Mexico city about the Baja Real Estate problem.
Looks like we are we are looking to a light at the end of the tunnel, I was assuming Mexico´s Federal authorities were just going with the flow and
letting the developers get away with the wholesale Real Estate fraud.
I have been talking with the Federal Police specialized in organized crime and Military intelligence and I just found out, that they have been for
years conducting a very deeeeeeeep investigation on all the Real Estate frauds in the Rosarito area.
All the big names have been linked to organized crime and money laundry, next step will be action and the action teams are being readied. people who
were acting as if they were beyond prosecution, will find out they werte not right.
I just provided the legal framework for their actions on several places, one of them Playa Encantada renamed by the crooks La Joya del Mar, another La
Puerta del Mar, just to start.
I wasn’t even hoping for what is going to happen is the next months, just watch the news, but at the end of a very active and maybe violent period,
the Tijuana to Ensenada coastal strip, will be brought to lawfulness and readied for real and legal investment, with a solid title legal chain,
grounded with national Land titles.
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Woooosh
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| Quote: | Originally posted by ramuma53
Sorry I was not posting more frequently, but I have been working very hard in Mexico city about the Baja Real Estate problem.
Looks like we are we are looking to a light at the end of the tunnel, I was assuming Mexico´s Federal authorities were just going with the flow and
letting the developers get away with the wholesale Real Estate fraud.
I have been talking with the Federal Police specialized in organized crime and Military intelligence and I just found out, that they have been for
years conducting a very deeeeeeeep investigation on all the Real Estate frauds in the Rosarito area.
All the big names have been linked to organized crime and money laundry, next step will be action and the action teams are being readied. people who
were acting as if they were beyond prosecution, will find out they werte not right.
I just provided the legal framework for their actions on several places, one of them Playa Encantada renamed by the crooks La Joya del Mar, another La
Puerta del Mar, just to start.
I wasn’t even hoping for what is going to happen is the next months, just watch the news, but at the end of a very active and maybe violent period,
the Tijuana to Ensenada coastal strip, will be brought to lawfulness and readied for real and legal investment, with a solid title legal chain,
grounded with national Land titles. |
BRAVO! It is good to see real progress being made on the land titles. Let's hope the crooks all fall hard for the economic losses they have caused
others, and the local economy so we can slowly rebuild trust with investors. Prices are coming down and if the projects get their land title
paperwork in order there is a glimmer of hope people will get what they pay for.
\"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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ramuma53
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When you have a problem, the first step to correct it, is to acknowledge the fact that you have a problem, then recognize the problem and the factors
that create the problem, then find solutions to every factor and the last step is to act and correct every factor that contributes to the problem.
In Baja, we have a Real Estate problem that was detected by me in 1990, the fact is that the Rosarito´s National Land title, was issued against the
law in 1879, the Joaquin Machado Valdes title, was issued to him, being an American Citizen, California Resident, violating the Article 2 of the 1863
Law used to issue it.
Also, it was issued for an illegal amount of land, 19,300 Has. When the law allowed only a maximum of 2,500; but that problem was acknowledged long
ago, in 1890 by the same people who issued those illegal titles who, in small print in the 1892 National Land law, they allowed the sale of bigger
amounts of land with the legal condition that the titles didn´t violate the 1863 law ( a circular proposition, designed not to allow the big American
surveyor companies to grab big chunks of Baja, since they had been promised ½ the land they surveyed and they surveyed the whole Baja), then when
Joaquin Machado died as an American citizen and was buried in California as an American citizen also, his sons sold the land his father had under an
illegal title in 1915 to an American company, an illegal sale since the law forbid then and now the sale to foreigners in the coastal strips and near
the borders; the sale was made in San Francisco and registered as the first annotations in the first book on the new Ensenada Public Registry.
Then on May 7, 1917, the new coming out of the Mexican Revolution President, Venustiano Carranza, issued a presidential decree, returning to National
Property, all the lands in Baja, that were in foreigners hands, clearly affecting Rancho El Rosarito and returning it to National property, even if
you want to speculate that it came out of it at any time, because when you take National land, in an illegal way, or through an illegal procedure, it
simple does not come out of national Land dominium, and, that mean, the even if a National land title was issued, since it was an illegal title, it
did not took the land out of National property.
Then as a legal fact, we have that, the Rosarito Ranch´s lands, never came out of National Property or it was returned to it in 1917 by presidential
decree, it is academic to speculate why, the fact is that Rancho El Rosarito is actually national Land.
The Mexican constitution, that started action in 1917 by another Venustiano Carranza presidential decree, in its 27 article fraction XVIII, say that
every title, issued between the dates of 1876 and 1917 is subjected to review and that review, came out November 7, 1952, when by another presidential
decree, the Rosarito coastal strip from Rosarito creek to Punta Banda in Ensenada were declared National Land officially.
There you see, that there is no way around the national Land property in the Rosarito to Ensenada coastal strip.
In 1943, the ejido Mazatlan was created, expropriating land from the Joaquin Machado Valdes lands (What lands? Certainly not the Rosarito Ranch lands,
because those were national Property, not Joaquin Machado property), then the land never were given to the ejido in a formal way, they just graved
every land they wanted. Actually, they have no land in a legal way.
To try to cover that out to allow the Joaquin Machado Valdes title to be, the titles chain legal ground, is not sustainable and violate several laws,
one of them the Mexican Constitution and as consequence, ejido Mazatlan exist, but has absolutely no land.
That was acknowledged by the Federal Government in 1992 when I confronted them with legal analysis for that area, they reviewed my conclusions and
promptly created a Federal commission to correct the problem, sending a technical and legal team to Baja, opening a Federal office and started taking
in claims to allow the legal titles to be issued.
There the problem was acknowledged and actions taken to correct the problem by the Federal Government.
Then the Baja Governor, Ernesto Ruffo Appel, fearing that his business partners will have to pay a lot of money to the Federal Government to buy the
lands, where they were then planning to build a lot of development, asked the President to stop the National Land commission and sadly, the then
Mexico´s President, allowed the new PAN governor, the first opposition governor in 70 years, to hang himself and his business partners hang by their
own actions; the problem is he did not thought the PAN party would take the Presidency next, continuing the illegal action and covering up the
illegality for 20 years.
Actually, the Estate government, completely knowing, covered the fact that the developers were building on national Land and selling it as private
property, creating an international problem from an administrative problem that was corrected in other estates with easy actions. The Federal
government created it too, when they allowed the Estate governor to do it.
That is the problem, it has existed for 20 years and it allowed the developers to sell in a clear fraud against the American buyer and against Mexico
property.
I started denouncing the fraud in 1992 in the newspapers, calling it publicly A fraud against the Nation chronicle and since 1995 to 2001 I published
107 articles denouncing the fraud.
That is the problem and the Federal Government is acknowledging it again at this very moment.
This is not to scare anybody away from Real Estate in Baja, it is actually to correct the problem and to bring real justice and lawfulness to a
paradisiacal land.
My actual proposal to the Federal government is this:
See who was holding the land legally in 1990 when the problem started to be covered up, return the land to the legal owners and or obligate the
developers to pay for it at actual prices, protecting the American buyers, just put a solid base under their titles and just let the American buyer
continue enjoying the properties they have, under fideicomiso, without a problem; in other words, making the problem and its biter solution,
transparent to the good faith buyer while taking out all those developers that built over national Land knowingly.
Of course they are going to fight it, but since they have committed a federal crime, they are open for Federal prosecution and may have to fight it
from inside a federal prison.
Hugo Torres Chavert has been the leader for the developers, he supposedly has a lot of political power, since he claim he is very close to Manglio
Favio Beltrones, one of the Mexico´s Senate leaders and presidential pre candidate; he claim that he has absolute control over Federal courts in Baja,
he claim he have absolute control over the Baja Estate governor and we know he command a lot of dark money, but I don´t think that is going to be
enough at this time, when Mexico went through a very bad political crises, that allowed the organized crime to control big chunks of Mexico.
He is not the only one, the ejido Mazatlan leadership like Enrique Esquivel Haros and Oscar Salazar are also the fraud tools, with small fish like
Fernando Gomez Chaves and a lot of others, who tried to steal from a lot of Americans and Mexicans alike.
I say, they tried, but we are about to see how they failed.
Rafael Muñoz Martinez
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Woooosh
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There are men here in Rosarito right now doing a Federal Zone investigation of some kind. I have not seen these "type" men before. They were not
local PROFEPA, SEMARNAT or PGJE. They look to be "Chilangos"- with perfect white shirts and business suits and a driving a new gray Tahoe SUV. They
did not have any badges but they did have a clipboard in their truck they were making detailed notes on. When they finished their inspection I went
over to their truck and gave each of them the DVD video of the problems we are having in the area. They were very nice and thanked me for the video
and photos. This was interesting because the men were so different and out of place. It does match what you say is going on here.
[Edited on 8-6-2011 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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ramuma53
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Woooosh
For what I know and I don´t supose to know much, the intelligence teams have been on the Rosarito to Ensenada Coastal strip for months, they belong to
the Federal Police specialized team against organized crime and money laundry together with the Army intelligence teams.
They already finished the investigation and sent it by their separate ways to the top, it went to the legal analysis and came out ordering a inmediate
correction that coincide with what I have been proposing for years.
Nexts step will be action and I do not know how they are going to do it, but I have been asured they will do something strong that will correct the
problem without entangling in the courts for years.
I put to their consideration your Federal Zone problem and they told me that thery have all the particular information already and that it is a part
of the whole.
I will insist only if we see no action soon.
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Woooosh
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| Quote: | Originally posted by ramuma53
Woooosh
I put to their consideration your Federal Zone problem and they told me that thery have all the particular information already and that it is a part
of the whole.
I will insist only if we see no action soon. |
I'm glad my situation and the video were helpful for them to see the problem with their own eyes because it is so far from Mexico city.
We went to the PROFEPA office in TJ last month because they had requested a copy of the current title and proof of current payment. The PROFEPA
inspector recognized us (through the one way glass I presume) and came over to greet us. We handed him the papers and he said they were "pushing our
denunica" through. I also got an unsolicited e-mail from the "Secretaría de Protección al Ambiente, Gobierno del Estado de Baja California" saying
she saw the video but has not received a denuncia from us and did not understand the problem. I think we have filed enough papers for now and you have
fought a good fight. Now we just wait a few months and see the result.
Clearly these irregularities occurred over a long period of time under the watch of all these agencies that were supposed to regulate it. How does
Mexico handle this? These are all federal agencies but the alleged co-conspirators are local. How will this play out?
[Edited on 8-8-2011 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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ramuma53
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Woooosh
I am sorry to say it, but they only fix the problems that are too problematic for them or too public too and that is why they are giving you
attention, but as soon as you drop your guard, they will continue with business as usual.
In other words, they are conunting on you dropping your guard to forget your claims as soon as possible, our job is not to let them do it and solve
the problem before nature does.
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ramuma53
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Wooosh
The reason Mr. Duran is not worried about all that disorder, is because he bought the land from the Federal Government, who has not given him the law
formalities, represented by giving him his private property title and at the same time legal personality to defend the land in court, but at the same
time the commercial transaction was concluded at the instant he paid the Nation and the Nation received his money; at this time he is the legal owner,
but since the Federal government has not given him his title, the one responsible for defending the land in court is the SRA and at the time the
Federal Government give him his title, the Federal Government has to give him the sold land clean of any squatters (Hugo Torres and everyone else).
Concerning the Federal Government, to give the land clean of any squatters, they have the strong arm constituted by the Army and Federal Police and
that was the tool used on the Animale´s problem a couple of years back. (I think they did it as a legal try and example and now they have a precedent
that was what they really wanted)
The guy that was claiming Animale´s ownership, showed a sale contract by Hugo Torres and claimed that he bought the land legally from him and the
Federal Police inspected his documents and asked the SRA; after receiving the SRA official National land ownership confirmation, they just started a
federal investigation to see who was using Federal property in an illegal way, they went to Rosarito, caught the proclaimed owner, bought him to
Mexico city and took his formal declaration; of course his attorney showed the sale contract by Hugo Torres Chavert and claim of Private property;
then they informed them that they were claiming property of National Property and accepting they were using National property; they asked from them
the Federal permit to use National Land and received none, only the claim that it was private property already.
The Federal Police showed them the National Property declaration and asked for any proof that the land was extracted from National Property through a
legally issued title, in other words, their national land title; they produced nothing and claimed that Hugo Torres Chavert sold it to them as private
property and that his name was beyond doubt (????).
The Federal Police told them that concerning to them, they just confessed to using Federal property without legal permit and trying to sale National
land and being those felonies Federal heavy crimes, they would be retained in a Federal jail until a Federal Judge decided on their crimes, no bail
allowed.
At that time, they collapsed and asked to pay their way out without knowing Mr. Duran was there among the policeman; of course the petition was taken
note officially and denied and at that time informed them, their legal situation and that the only way out was by making a deal with Mr. Duran who was
the only recognized official permit holder to use that land.
They promptly signed a contract with Mr. Duran and ran out of the Federal Police headquarters in front of the Revolution monument in Mexico City.
There you see that you are right about the possibility to use a permission from him to demonstrate legal use of that land.
I will get in contact with him and ask for it, you can count on that, but timing may be a problem.
He and I are invited to an inauguration from the Giordano Bruno global education association that belongs to the Club of Budapest international
foundation in Budapest Hungary on September 15 and for sure I will see him there.
I will try to see him before that date, but I don’t know where he is in the world today, but I can promise you I will try to do it before that date
and for sure on that date.
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ramuma53
Banned
Posts: 793
Registered: 2-27-2003
Location: Mulege B.C.S. Mexico
Member Is Offline
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Playa Encantada
At this time trying to be sold in a fraudulent way as La JOYA DEL MAR by Hugo Torres Chavert group.
This 16 Has. Land Lot, is located between the Km. 29+482 to 31.5 National no. 1 Highway, Tijuana to Ensenada, in Rosarito Beach Baja California.
In 1949 it was bought by Juana Martinez de Muñoz and Mercedes Martinez de Velilla from Rosa Machado, who claimed to be a Joaquin Machado descendant.
It was developed in to one of the most popular beaches in Rosarito Beach and was visited by 1000s of people every weekend from 1950 to 1979.
In 1952 a National Land commission, visited the Rosarito Beach area, that at that time, was Tijuana city; they issued a few National Land titles in
the El Morro area and notified Mrs. Juana Martinez de Muñoz about the national land status the lot she was holding legally had, she asked for a
federal permission to use National Land in the mean while she got her National land title and got it.
In 1992 an Inafectability certificate was issued to Rafael Muñoz Martinez, Mrs. Juana Martinez de Muñoz son; that certificate was issued by the SRA
assuring that that land was not an Ejido; it is also recognized as a property title according to the Supreme Court.
In 1992, her neighbor Tomas Corona Rodriguez, asked the national land office to issue a title on the same land that was being owned by Mrs. Muñoz,
issuing him a national land procedure that was paid in 1992.
In 1999, Jorge del Rio Torres and Fernando Gomez Chavez (Tomas Corona´s attorney at that time and defending Castillos del Mar as national land also)
after being allowed to live in a house owned by Mrs. Muñoz, confabulated with Ejido Mazatlan to steal the land.
In 2000 Jorge del Rio Torres and Fernando Gomez Chavez, just pretending to be the owners, gave the land to the Ejido Mazatlan through the Agrarian
Court (legally the Agrarian Court is unable to give away or deal with National land).
The Ejido Mazalan was created in 1937, expropriating land to the Joaquin Machado property, but as we know, Joaquin Machado title was inexistent and
any way was sold by the Machado family in 1916 to a foreign company and returned to national Land status in 1917; this mean that the Ejido Mazatlan
was legally created but it has no physical land.
As part of the Ejido Mazatlan, the parcel 58A was created and it was assigned to the area in between the Scenic highway and the national highway, this
parcel in 1986 was expropriated to the Ejido and paid to them by CORETT and as a legal consequence, it no longer belonged to the Ejido Mazatlan.
In 2002, the Agrarian court, without calling to court or even notifying Tomas Corona or Maria Elizabeth Espinoza Montaño (Juana Martinez de Muñoz
legal representative), issued a rulling without a legal audice, giving the land to the Ejido Mazatlan, arguing that Fernando Gomez Chavez was an
ejidatario and was holding part of parcel 58A; the land was given to him peacefully by Jorge del Rio Torres.
In 2002 the Estate Supreme court ruled that Castillos del mar was private property extracted from National Land, that the Ejido Mazatlan parcel 58A
had been previously expropriated to the Ejido Mazatlan and no longer belonged to them, that the parcel 58A was the land in between the two highways
and not to the west of the highway.
After simulating receiving the land from Jorge del Rio Torres, Promptly Fernando Gomez Chavez, the crooked and traitor attorney, sold the land to Hugo
Torres Chavert group and La Joya del mar was created on National land; they thought that they had just stolen a lot to create a new fraud against
American buyers.
The only problem is that Tomas Corona gave away and recognized as legal owner to Maria Elizabeth Espinoza Montaño, a relative to Juana Martinez de
Muñoz and since then, she has been asking to the SRA to issue her National land title.
At this time, when the Mexican government has decided at least to get rid of the organized crime, Hugo Torres Chavert is going down and he is being
investigated by Interpol and the PGR organized crime division and his influence is going down.
The Sra is now ready to issue the Maria Elizabeth Espinoza Montaño national land title and at the same time, the PGR has finished a 2 year
investigation of the Fraud committed by Hugo Torres Chavert, Jorge del Rio Torres, Fernando Gomez Chavez and Ejido Mazatlan to steal national land
using the Agrarian court.
Since the Federal Government, sold the national Land to Maria Elizabeth Espinoza Montaño, she is the legal owner and the SRA through the PGR has to
grab all the crooks that thought they had stolen National land. The PGR has a complete file on the fraud committed to try to steal the land.
Try because no person can claim national land or receive National land through any other way but the National Land office, not even the Agrarian
court.
At this time Maria Elizabeth, is working in Mexico City to obtain the required orders to receive her National land title and the PGR will have to
clear the land from any squatters like Hugo Torres Chavert, Fernando Gomez Chavez, Ejido Mazatlan or Jorge del Rio Relatives.
Sorry if any American buyer was defrauded to buy in La Joya del Mar, but they can claim to be good faith buyer and avoid being prosecuted by just
giving away the condominium they bought from those crooks.
Sorry but we have to remember that the Playa Encantada/La Joya del Mar is not exactly a secret, it has been showed in the news several times and is no
secret it is National Land, I myself published several whole newspaper pages for 10 years about that problem and the way those crooks were defrauding
the nation and the American buyer.
We know that may smart American buyers asked to get their money back from La Joya del Mar, but some remain, only a few unbelievers and only those are
going to be harmed when the PGR act; not by the legal action but by their own stubbornness.
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