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wessongroup
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Must say Raphael's argument is very strong.. and would seem to be adding visibility to the "issues", yours included... which can only be positive...
IMHO...
With the normal negatives to be expected .... keep safe .. both...
[Edited on 9-19-2011 by wessongroup]
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Woooosh
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30% of construction companies in Baja have closed in 2011 due to lack of business. These people are really stealing the lives from their hardworking
neighbors, nit just investment money from Americans and Canadians.
http://rosaritoenlanoticia2.blogspot.com/2011/09/cierran-30-...
Tijuana .- The president of the Mexican Chamber of Construction Industry (CMIC) in Tijuana, Mendoza Javier Correa, said that so far this 2011 at
least 30 percent of companies in the industry have had to close due to lack of work.
"We are talking that there are 170 in CMIC and closed 30 per cent since the start of the year, mainly because there has been private investment," he
said.
He explained that public investment is that has kept alive the construction sector, because only this year, investments were made over 2
thousand 560 million pesos in Tijuana.
"We are struggling to do the work the local businesses and the economic spillover to stay here, but most local companies do "he said.
He also said that although in the past two months have seen a slight increase in work, are still waiting to see the stabilization of the dollar, as we
already have developed increases in materials, as in the case of structural steel and rod.
\"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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La Esmeralda
I was reading some of your blogs and it sounds like the Union Trib reporter never reported the whole story.
Is it Sandra Dibble you were working with?
The reason I’m asking is that she has interviewed us and the city about our cases and is about to print a story that
Will be more of the same.
She keeps asking me what the new angle should be and now I know but should I just let it lie or try to get her
To print more of the story???
When Sandra Dibble interviewed us, I was the president for the Binational Coastal residents counsel in Rosarito Beach and I was representing a lot of
Americans who were being evicted by Ejido Mazatlan and Hugo Torres Chavert behind it.
We investigated the Ejido Mazatlan and found that it was and is at this day a fraud and only a way to steal land.
Ejido Mazatlan was created by presidential decree in 1937 by expropriating land to the Machando Family who supposedly inherited it from Joaquin
Machado.
We found out that Joaquin Machado was an American citizen, born in San Diego California, who died in 1910 also as an American and is buried in
California as an American and in a legal consequence, he was unable to hold a national Land title.
We found out that Joaquin Machado siblings in 1916 where living in San Francisco California USA as USA citizens when the Mexican Revolution was ending
and knowing that the new constitution would keep forbidding the ownership of more than 2500 Has. They promptly sold the Rancho El Rosarito to a
company named Cia. Explotadora de la Baja California, with a social capital 99.8% Canadian and only 0.2% Mexican while 0.1% belonged to a Mexican who
were living in Los Angeles California while the Mexican Constitution forbid foreigner to own on the 50 Km. coastal strips, the 1863 law forbid the
ownership of more than 2500 Has, forbid the ownership to foreigners and Mexicans living on other countries, making the 1879 issued Rancho El Rosarito
an illegal title, the sale by the Machados a nill sale and the Cia Explotadora de la baja Calfornia ownership legally impossible.
Then in May 7, 1917 was published a decree returning the Baja California lands that were being possessed or owned by foreigners to National property,
closing any possibility that foreigners owned any part of Baja.
Then in 1937, when the ejido was created, they expropriated to the Machado Family who at that time owned nothing and as a consequence, nothing was
given to the Ejido Mazatlan and to permanently close the case, The Ejido Mazatlan was never formally given any land, because when the public officials
found out that the Machado Family owned nothing, they were unable to give them anything, anyway they started to grab land in informal way, and that
situation exist to this day, but it is being investigated by the Federal Police and Military Federal Police.
We gave all this information to Sandra Dibble with a lot of documents to prove those facts and she went away promising us that she would print a whole
San Diego Union Tribune page and she did, but showing a ½ page photo of Enrique Esquivel, the Ejido chief then and telling that the ejido was working
hard in Rosarito and not a word of the Americans that were being robbed.
After that, think twice about trusting Sandra Dibble from the San Diego Union Tribune
[Edited on 9-20-2011 by ramuma53]
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Woooosh
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I gave up on her for my problem as well. She is listed as a staff writer for the Baja Tourism board or something like that, so that should tell you
something about the mission she is on. She is a Nomad however and reads the posts on this board. If she wants the truth, You and Raphael have just
provided it. I'm with Raphael on this- she will print what she prints and most readers of the UT know she is far from unbiased on everything
Torres. jmo
\"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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I established contact with the Congresswoman Roxana Soto in charge of the Machado hoax investigation, through a Rosarito newswoman Carmen Olga ******,
who has been talking on the Rosarito radio and re telling what I said for years on the ABC newspaper, concerning the Machado Titles.
I found out that this Congresswoman has been a land reform fighter for years, her husband (El Mexico) was killed in jail because of that and
hiskilling attributed to the Estate government; also a very important fact, she is the actual PRI political party president in Tijuana and is backed
up by Fernado Castro Trenti (For you who do not know, one of the most powerful political operators and power borkers in Mexico, very close to Maglio
Favio Beltrones, the may be, Next Mexico’s President or at least Interior Secretary).
This mean, that maybe this time they are actually trying to correct the problem in a serious way and I will provide this congress team with all the
information about this official hoax to benefit a few and steal from the American customer.
[Edited on 9-29-2011 by ramuma53]
[Edited on 9-29-2011 by ramuma53]
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Woooosh
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Great news Raphael. Things are moving fast. I did make the formal request to measure the Federal Zone in Rosarito (for the first time since 1976),
and sent you a copy. I hope I laid the case our right for them to do it. The Director General of ZOFEMAT was kind enough to e-mail me directly and
asked me to create the second presentation, which I did.
So now we have made progress on two fronts. You are taking the Machado claims forward to establish the legal land titles, while we are making
progress to halt fraud on the direct coast.
The Union Tribune Article by Dibble concerning LA Esmeralda was on the front page of the Sunday paper.
"Baja Land Deals End in Lawsuits" http://www.signonsandiego.com/news/2011/sep/25/baja-land-dea...
[Edited on 9-29-2011 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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wessongroup
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Outstanding Woooosh and Raphael ... very interesting topic ... for all
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ELINVESTIG8R
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Rafael sure knows real estate... If you listen to him you will never get ripped off! Thank
you Rafael for helping people.
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ramuma53
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Reading the recommended Story, that Sandra dibble published, may be misleading on the following facts:
*****Rule No. 1: Don’t pay for a property until you have the title. “Until you get the piece of the paper with the title, the home is not
yours,” Hill said.*****
The first question is, what do you consider title in Mexico?
What kind of paper will assure you, you have legal title and you are the actual owner?
In Mexico, there is a capital difference with the English Property system.
In the English system, the public registry constitute a real right, it is the main property proof , if you are inscribed in it, you are the owner, the
public registry inscription or scripture registered in it, is a total ownership´s proof .
In the Mexican law, the public registry is only the publication of a right, it does not constitute the right on itself or even prove it; if you are
registered in it, you are not automatically considered the owner, and it does not prove beyond doubt that you are the owner. When you make and sign a
private contract, a right is created, but only affect the signing parties, when you register it in the Public registry, it becomes public, but it does
not mean the right exist at all or it is legal title, it only make public the fact, that you signed the contract, not that you are the owner; in other
words, if your title has a defect, it will make public the fact, that you are now the owner of a title with a defect and since the seller was not the
legal owner, you are also not the legal owner.
That is the main reason why the American buyers are so easily defrauded, they think that the law is the same and that the Public Registry inscription,
make them the owners and that, was what happened in Punta Banda, Ensenada.
Then, what you need, is not a paper that looks official and say property title or an inscription on the public registry that say that you are the
owner, even if signed in front of a Public notary.
What you need is to be sure, the real estate right you are acquiring, is the real thing and you cannot trust the:
a).- Real Estate agent who usually has very little legal knowledge and is more interested in you paying, than in protecting you.
b).- The Public notary who will only make sure, that you pay him, his royal share of the business and that, what you are buying, is in the Public
Registry while he will never put in doubt any other public notary´s work, even if he know it is fraudulent and against the law.
c).- Officials at the public registry, that profit from the developers and contribute to their fraudulent goals, by misleading people assuring the
developers are beyond doubt. That is why, you see there, public servants earning $1,200.00 dlls/month, wearing Narco style gold chains and owning
apartment buildings in San Diego Ca.
d).- Baja Attorneys, who make deals among themselves, to assure their clients, that in Baja, all the Real Estate deals are safe while filling their
pockets with the developer’s money, taken away from American buyers; also, most of them, know extremely little about the Mexican titles complexities
wjile telling you they are experts at it.
e).- Title insurance companies that have attorneys who know nothing about Mexican real Estate laws and complexities and that have been issuing title
insurance to every developer that pay them, because they do not insure you, against title defects. What else will you need them
for?
What you need, is to know what you are doing, based on Mexican law, investigate yourself that the first title in a legal title chain is a national
land title issued legally after 1917, not Ejido Land or Colonial title.
If you do your homework and do not trust the so called experts, you can get Baja property at bargain prices, properties that once the land
legalization movement make a substantial effect will once more be valued at very high prices.
Remember, if you are a smart buyer and do your own homework, you will always come on top.
For the Esmeralda case, there is an easy fix for a smart investor, since it is National Land, just buy is from the National Land office and be the
real owner when the prices return to golden age levels.
WE HAVE TO WAIT FOR A COMPANY THAT HAS THE REAL ESTATE MEXICAN LAW KNOWLEDGE AND ESTABLISH A REPUTATION ABOUT WORKING FOR THE BUYER, NOT THE SELLER
AND KNOW HOW TO INVESTIGATE THE TITLE LEGAL CHAIN, DOWN TO THE BOTTOM IN A SAFE WAY FOR THE BUYER AND THAT ALSO DOES NOT GO TO BED WITH THE
DEVELOPERS.
[Edited on 10-3-2011 by ramuma53]
[Edited on 10-3-2011 by ramuma53]
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ramuma53
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The Torres group supposedly owns La Joya del Mar and several others in Rosarito beach and they are offering an in house title insurance; they based in
a fallacious security on the name of Hugo Torres Chavert, offer title insurance covered by the same company that sell the Real Estate and I agree with
you, title insurance must be issued by a reputable independent company, but in Rosarito hundreds of American customers are covered by this kind of
title insurance and I agree it is a fraud or at least part of the Rosarito Fraud.
Concerning the Machado Family titles (El Rosarito - Joaquin Machado hermanos y coherederos, El Gato, Mision del Descanso y El Descanso - Juan
Machado).
If you saw the blog, you know that the El rosarito title was issued to Joaquin Machado Valdes in 1879 based on the 1863 National Land law and had an
area of 19,300 Has. And 10 years after it was issued had only 1.2 people per hectare as population density.
1.- Joaquin Machado Valdes was born as Mexican in San Diego California Mexico, then was given the choice to be Mexican or American in 1849 when
California became part of the USA and he chose to be American citizen, he lived and died as an American citizen and is buried in California as a
California Resident and that make him a foreigner.
2.- The Mexican constitution existing at that time 1859 forbid the foreigners from owning land in the coastal strips and border strips.
The 1917 Mexican Constitution confirm the prohibition to own to foreigners but also say that all the land inside of Mexico borders are by origin
National Property. In other words, every property has as origin or bases a national Land right and need a National Land to come out of it.
3.- The 1863 law became base for the Joaquin Machado title order as follow:
Article 2.- Foreigner are forbidden to own land in Mexico, also Mexican residents in a foreign country, also forbid to own more than 2500 Has.
Article 10.- Make the titles issued a conditional contract, because it obligated the title holder to have 10 people per hectare no more than 10 years
after the title was issued (Colonization was the goal).
Article 28.- Order that in case of any violation to this law, the title became void and inexistent. (Before 1917, Inexistence of a legal act mean
that the legal act, never started to have legal effects; after 1917 mean that it must be voided by a judge).
4.- The 1894 National Land law, allowed that sale of more than 2500 Has. As long as the 1863 law was obeyed exactly.
5.- In 1876, the Juan Machado title was voided and re sold to an American company by the Federal Government violating the 1863 law.
6.- In 1916 even when the Machado Family were inexistent and worthless, the titles were registered in the Public Registry to allow the Machado family
to sell those real estate rights; they sold the Rancho El Rosarito to a Mexican Company named Cia. Eplotadora de la Baja California owned 99.8% by a
Canadian national named Hugh Francis Collins and only 0.2% owned my 2 Mexican nationals, one living in San Diego California, the sale was registered
on the Public Registry 1 to 21 book number 1 in Tijuana; the sale was executed in San Francisco California. From that point in time, the Machado
Family owned nothing in Baja if you want to speculate that they owned something before.
7.- D.O.F. May 7, 1917, the Mexican President Venustiano Carranza issued a Presidential decree, returning to National Property all the land is Baja
California owned or possessed by foreigners.
8.- November 7, 1952 a Presidential decree turn in to National Land all the lands between the Rosarito to Ensenada road and the Pacific Ocean,
starting at Arroyo El Rosarito and ending on Punta Banda Ensenada.
9.- D.O.F. 1986 a Presidential decree turn in to National Land all the lands between the Mexico USA bodrer, Tijuana, Tecate and Ensenada triangle.
You can find the 1863 law on 5 siglos de Legislacion Agraria.
You can find the 1894 law on Ley de Terrenos Nacionales Editorial El Tiempo, Don Wistano Luis Orozco book.
You can find the Rancho El Rosarito sale at the Tijuana Public Registry book number 1 scriptures 1 to 21.
After that, please tell me how you can say that those lands are other thing but National Land.
And national land has these qualities:
You cannot acquire it any other way but through a National land title.
You cannot acquire it from any authority but the national land director signing by power of the Mexican president. NO precripciones or anything from a
local judge.
You cannot posses it or gain any right by possessing land that is national land, no matter how long the time.
De: Ross E. Buck [mailto:rbuck@1sttitleservices.com]
Enviado el: sábado, 08 de octubre de 2011 01:02 p.m.
Para: director@munoz-industries.com
CC: 'Dawn Nicoli'; hoeylandscaping@yahoo.com
Asunto: RE: Land titles in Rosarito Beach, B.C.
Mr. Munoz:
You have made specific statements regarding real estate which is located in the City of Rosarito Beach and State of Baja California. To reference
Title Insurance in a development which is located in a different City, County and State does not appear to be relevant. We are only focusing on real
estate which is located in Rosarito Beach.
You also asked me to check an “in-house title insurance issued by theTorres group”. I don’t know what you mean by “in-house title insurance which was
issued by the Torres Group”. Title Insurance can only be issued by an insurance company? Please clarify and if there is a real title insurance
policy which covers real estate in Rosarito Beach, please provide me a copy of the complete title policy which will list any exemptions to the policy.
Also, please continue to copy Bruce and Dawn on your correspondence with me as I don’t want them to be out of the loop regarding our correspondence.
Ross E. Buck - President
First Title Services
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ramuma53
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De: CWoooosh
Asunto: RE: last letter
It is an interesting process. I have read through the Ley General De Bienes Nacionales. Where do I find the exact laws about a Prescripcion Positiva
not being “legitimate” for Federal Zone land? Can I find it on line somewhere? Is that an additional publication?
I will l send a separate letter and demand asking ZOFEMAT to re-measure the Federal Zone. I think that is what he wants from me. Step by step.
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Wooosh•
The Ley Federal de Reforma Agraria section national Land, it say that National land is not acquirable by any other mean, but through a national Land
title issued by Terrenos Nacionales.
It also say that all the other authorities beside the National Land office does not have jurisdiction to give away in property National Land and in
consequence, any such transaction is by law void and inexistent.
In the Ley General de Bienes Nacionales you will find that National property is – Inprescriptible, inalienable e inembargable. In other words, you
cannot acquire it by any other legal procedure but the issuing of a National Land Title.
The Mexican Constitution article 27 main text say that all the land inside Mexico´s borders are by nature and to start National Land.
Also you will find out that there are two kinds of national Property, Public and private, Public is like a National park or the Government palace and
also Federal Zone, you cannot acquire it by any lega procedure and I mean no legal procedure can give it away, also any such operation would be
illegal, a fraud and void; the other kind is Private National Property like National Land that they can legally sell to you, but through a special
procedure, named Enajenacion a titulo oneroso de Terrenos Nacionales.
Absolutely there is no other way, specially not through a civil lower court like the one that is knowing about a prescripcion positive.
Also you must know that Presripcion positive mean that they have a valid title and that is not true in your case; second, prescripcion mean that the
judge name you as the owner in the mean while the true owner or a bigger right appear, that way, your never become the true owner, only in the mean
while the true owner come forward and claim the property, in this case the nation.
As you see, this is just a way for them to try to establish a land right, not stable in time.
Also as soon as new measurement for Federal Zone is done, based on the law you give to me, it will come back to National property public kind Federal
Zone. In other words, they have no way to win, they are just trying to stay there for a while, sustained only by corruption of local authorities.
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ramuma53
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Thanks Raphael.
Even without having the Federal Zone re-measured I think we have good legal points to make. ZOFEMAT moved the federal line all the way to the street
in 2008. It is not official or published , but that is the line they are now issuing concessions against, and it works for this case. This means
ZOFEMAT accepts that all claims to the “Ganados Al Mar” being “private property” were erased when the Federal Zone line moved over it in 2008. Ms.
Ortiz did not have any legal claim in 2008- not until 2010 and that is for land that no longer exists. In 2008 the entire area was Federal Zone and
she had no legal basis to claim that land as her private property. No legitimate land owner came forward to claim the Ganados al Mar prior to 2008 and
the Prescripcion Positiva created in 2010 has no legal weight. That makes the land “National Public Land” since 2008.
I did see in the national land law where preference is given to conservation, recreation and public access. This land has been a public access point
for the disabled since 2008 and future plans to use it for conservation and recreation are compatible with the objective of the National Land laws.
Private development is not compatible with that objective.
If I win, this would do is take away her right to get it as private property and return it to national land. The land would be National Land again
with no concession against it. Then anyone could apply for a concession and they should award it based on the preference for conservation, recreation
and public access.
Did I get this right?
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Wooooosh
Terrenos ganados al mar, does not mean it become private property, it becomes National Land and you have to buy it from National Land.
Just remember that any, buy any land to start it is National Land and Terrenos Ganados al mar, mean the sea uncovered a piece of land, in other words,
it start to exist as dry land and by that definition, it is National Land.
No, it make that land Private National Land and if it is defined as Federal Zone, then it becomes Public National Land.
The land is national >Land to start and has never been other kind, they may try to re define it, but they have no jurisdiction or power to do it,
they are an administrative authority and only a Federal judge may have jurisdiction to recognize it as other kind.
The Federal Zone authorities have been corrupt for years and they move the Federal Zone line to your paid convenience; in the case of the
Developments, they define the front row of houses as Federal Zone to allow the owners to avoid paying the development or they move the line to give
more land to the development, it has been their business for decades, but if you uncover their doing, the law is very clear and measurements exact;
they have no way of maintaining a unlawful situation for a long time.
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Woooosh
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"The Federal Zone authorities have been corrupt for years and they move the Federal Zone line to your paid convenience; in the case of the
Developments, they define the front row of houses as Federal Zone to allow the owners to avoid paying the development or they move the line to give
more land to the development, it has been their business for decades, but if you uncover their doing, the law is very clear and measurements exact;
they have no way of maintaining a unlawful situation for a long time."
This is the reason we are having problems in my area. ZOFEMAT has been issuing legal titles against imaginary map points- and told me they were doing
so. I just didn't really know what they meant by it until recently.
How does the local ZOFEMAT Jefe play into this if all approvals come from the Director General in Mexico City? I haven't copied the local ZOFMAT
office on anything due to a justified lack of trust.
\"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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Cypress
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I'm not buying anything south of the border. The best way to frame the property situation is "rent". You're renting the land! The guy that compared
property ownership in Mexico to renting a lot in a trailer park in the US was spot on.
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ramuma53
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Wooosh
Remember that every director see the world through their technical people and they are the ones that measure the Z.F.M.T. the director just sign.
Of course he must be getting his share of the business and that is why the people on the Administracion de la Z.F.M.T. in Rosarito is so corrupt and
nobody can touch them, because they generate money that the directors receive without even knowing how the money is earned.
They just go to you and say, Do you want to be in or out of Federal Zone and they they make the technical works to fit what you want and if the
developer resist to give brive, they just go to the house tenant and offer him to be inside Federal Zone and to stop paying the Developer for the
house. The Rosarito Coast has been pleagued for decades with this actions and I can not tell you that it has been always against Americans.
Their other source of revenue is to charge ort not for Z.F.M.T. on the cliffs and if you do not pay them, even if you are beside a cliff, they issue
official documents saying you are inside Federal Zone.
Rememeber that the actual definition for Federal Zone is --- where the coast has a beach and the solid ground beside the beach has less than 30 degree
slope, there a Federal zone will be measured and only there.
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Woooosh
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I have heard about PROFEPA/ZOFEMAT trying to make cliff property Federal Zone. That is why so many people talk about the 30 degree slope rule.
It looks like Rosarito has 1,000,000 pesos to spend on the malecon project if they use it by 2012, but they now want to build a jetty by the Rosarito
Beach hotel instead. Proyecto Playa Norte.
http://www.frontera.info/EdicionEnLinea/Notas/Noticias/18102...
\"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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The 30 degree slope beside the beach, is the Law, not a rule, the rule talk about a different way to measure it, but a rule (reglamento) can not be
over the law, that is why the law win and the 30 degree has not been overuled.
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Woooosh
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| Quote: | Originally posted by ramuma53
The 30 degree slope beside the beach, is the Law, not a rule, the rule talk about a different way to measure it, but a rule (reglamento) can not be
over the law, that is why the law win and the 30 degree has not been overuled. |
Zeta Magazine requested an interview. If it gets rough, we'll send them your way. 
\"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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Ok, it will not be the first time
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Woooosh
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The interview went fine. The reporter had all the documents we created. He is most interested in who is selling the federal zone to all these people
(the condos, Ms. Ortiz and another lot we filed a denuncia against in 2009). We had a utility bill for the condo showing it is owned by Grupo Aries
and the current real estate listing by Gustavo Torres- so that was his next stop. I thought there may be Zeta bias in favor of the sinaloans- but the
current Zeta issue is very honest and says the Sinaloas now "own" all the security forces in Baja and let drug shipments through the Rosarito military
checkpoints. We'll see. (No word back from Ing. Daniel Chavira yet)
\"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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