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Author: Subject: Buying property in Baja?
SFandH
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[*] posted on 8-14-2016 at 04:00 PM


I spoke to a Mexican attorney in TJ about title insurance when I was thinking about buying and his opinion was that I'd spend all my money fighting them when they didn't pay the claim.

His opinion.

He has a point, what are you going to do when they tell you to get lost?

Take them to a Mexican court? :lol:

[Edited on 8-14-2016 by SFandH]
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JoeJustJoe
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[*] posted on 8-14-2016 at 04:14 PM


Dennis wrote: Legitimate title insurance is unavailable here.

As is malpractice insurance for a doctor. They don't need it since you can't sue them for their effups. Things are a bit different here.

__________________________________

Again, this is completely WRONG! Both statements are wrong. (I;m only talking about real estate)

Is there anybody here that could correct Dennis, since I have seen many post claiming buying Mexican title insurance is a magic bullet, and does protect American real estate buyers in Mexico?

I don't think title insurance is a cure-all, but it's not unavailable like Dennis is trying to claim, without proof, nor do I think a real estate lawsuit is a waste of time for a couple of reasons.

Maybe, if nobody responds and corrects Dennis, I'll be back tomorrow and give my opinion and correct a lot of bad information I'm reading on this thread.

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Lee
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[*] posted on 8-14-2016 at 05:53 PM


I've written this before. I've bought land in Todos and got a title search and insurance from Stewart Title out of NYC. Their people worked with a notario in Todos. It was a nightmare in terms of emails and phone calls ignored, and Mexican bureaucracy. But got the coverage and closed. I would not have closed without Stewart onboard.




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SFandH
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[*] posted on 8-14-2016 at 05:57 PM


Just curious, did you buy land that was previously part of an Ejido?
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pacificobob
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[*] posted on 8-15-2016 at 09:20 AM


Quote: Originally posted by huesos  
Who sells title insurance? If you buy it, who does the research? I've seen the office of something called Baja Title. The authorities on this thread seem to indicate that there is no way to authenticate anything regarding legal ownership. This smells like bull.

my title insurance is through an american title company. i don't recall the name. i would need to get into the files to find it. been a while
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[*] posted on 8-15-2016 at 09:37 AM


Quote: Originally posted by Lee  
I've written this before. I've bought land in Todos and got a title search and insurance from Stewart Title out of NYC. Their people worked with a notario in Todos. It was a nightmare in terms of emails and phone calls ignored, and Mexican bureaucracy. But got the coverage and closed. I would not have closed without Stewart onboard.


yes, i now recall i used stewart title too when i bought in pesky. my experience was just about as you described yours.
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[*] posted on 8-15-2016 at 09:42 AM


My opinion also.

But go ahead and spend the money if that makes you feel better.


Quote: Originally posted by SFandH  


Take them to a Mexican court? :lol:

[Edited on 8-14-2016 by SFandH]




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JoeJustJoe
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[*] posted on 8-15-2016 at 09:58 AM


Quote: Originally posted by SFandH  
I spoke to a Mexican attorney in TJ about title insurance when I was thinking about buying and his opinion was that I'd spend all my money fighting them when they didn't pay the claim.

His opinion.

He has a point, what are you going to do when they tell you to get lost?

Take them to a Mexican court? :lol:



S&H Green Stamps also wrote: Just curious, did you buy land that was previously part of an Ejido?

That's kinda a weird thing to say, " I'd spend all my money fighting them when they didn't pay the claim."

You buy title insurance as a preventative measure, so you don't end up in court having somebody trying to take your property from over a title issue.

No he doesn't have a point, and you're implying the same thing as Dennis said, where lawsuits in Mexico are a waste of time.

Real Estate lawsuits, or going through the process to fight and protect your rights to your Mexican home is rarely a waste of time, because if you win, you get to keep your property, and if you're looking for a judgement from a big companies like a Steward Title, subsidiary they do have deep pockets. So you never know, if you could be successful.

You bring up an interesting point probably by mistake, and that's the "Ejido."

I would bet that Lee, didn't buy his property that was previously part of an "Ejido" because many title insurance companies in Baja, would exclude title insurance on Ejido land. This is why I said to read the fine print, and see what the title insurance company excludes from their policy.



[Edited on 8-15-2016 by JoeJustJoe]
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[*] posted on 8-15-2016 at 10:26 AM


I could be out of line on this one...but didn't most land in Mexico start out as an EJIDO?

Then, after the EJIDO sells it to someone, the title process begins?

IF the EJIDO sale process was not properly recorded in the Mexican courts (as had been the case in many cases), someday some smart attorney will find out and void the original sale for improper recording, as was in the case where (on the mainland waterfront property that even the president of Mexico signed off on it) numerous foreigners as well as Mexicans lost title to their property.




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[*] posted on 8-15-2016 at 11:49 AM
Title Insurance


Title Insurance in Mexico by a so called American Company is Worthless. Even in the U.S. all title insurance does is say that there isn't a cloud on the title at the day of the sale. The little catch phrase on the policy claiming the insurer used Due Diligence in their search releases the the insurer from being held responsible for mistakes.
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[*] posted on 8-15-2016 at 11:55 AM


This comes from a person who lives in Baja.:bounce:


Quote: Originally posted by J.P.  
Title Insurance in Mexico by a so called American Company is Worthless. Even in the U.S. all title insurance does is say that there isn't a cloud on the title at the day of the sale. The little catch phrase on the policy claiming the insurer used Due Diligence in their search releases the the insurer from being held responsible for mistakes.




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[*] posted on 8-15-2016 at 12:47 PM


Quote: Originally posted by Udo  
I could be out of line on this one...but didn't most land in Mexico start out as an EJIDO?

Then, after the EJIDO sells it to someone, the title process begins?

IF the EJIDO sale process was not properly recorded in the Mexican courts (as had been the case in many cases), someday some smart attorney will find out and void the original sale for improper recording, as was in the case where (on the mainland waterfront property that even the president of Mexico signed off on it) numerous foreigners as well as Mexicans lost title to their property.



Not all by any means. Ejidos were for the most part unused land at the time of land reform...a gift from a socialist government to people who insisted on a fair share....or else.
Privatization is more recent:

https://www.jstor.org/stable/3631677?seq=1#page_scan_tab_con...









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[Edited on 8-15-2016 by DENNIS]




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[*] posted on 8-15-2016 at 01:22 PM



Ejido.

http://www.mexicolaw.com/LawInfo02.htm





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[Edited on 8-15-2016 by DENNIS]




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JoeJustJoe
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[*] posted on 8-15-2016 at 02:03 PM


Actually the "ejido" traces way back to the Aztecs, but the socialist concept kept going out of favor, as rich Mexican landowner throughout history kept legally stealing land, and enslaving the indigenous people, and first Mexicans, and getting the poor people, or peasants to work the land for pretty much free by putting them in debt, and offering them a slave wage or giving them a scrap of meat if they were really lucky.

The Mexican revolution in the early 1900's was in large part a revolt by the Mexican peasants lead by Emiliano Zapata, in the north and Pancho Villa, in the south. It wasn't until years later that there was a large transfer of wealth from greedy rich landowners, to the poor Mexican people. Revolutions are good, and the ejido was one of the spoils of civil war.

Under the ejido system, the Mexican workers could farm the land, live on it, enjoy it, pass it to their children, rent parts of it to third parties, but they could never own it or sell it.

There is some criticism of the ejido, because they say if you could never own the land you will not work it that hard, or expand the farm. But looking back, is having large farming operations better for the people? No I don't think so, I rather buy from a small farmer, but large farms are better for only the bottom line.

Of course the good days will only last so long, relatively speaking while looking at the Mexican economy and how the average Mexican lives.

The "ejido" was attacked again, and weakened in the 80's by a combination of neoliberal( conservative American style capitalism) NAFTA, where the United States, and world trade organizations, got their puppet, Harvard-trained President Carlos Salinas de Gortari, to modify the Mexican Constitution, and allow for privatizing of government controlled industries, for example what Carlos Slim did with Mexican telecommunications. Carlos Salinas de Gortari, also pushed through bills that allowed foreigners and ability to buy foreign land ejido land thought a long process that's a paper work nightmare.

In the meantime the poor Mexicans farmers, were pretty much put out of work because of NAFTA, and is the reason why so many undocumented Mexican workers decided to come to the US, and the ones who didn't come, are probably farming for the Mexican cartels today.

So a lot of problems with ejido land, and real estate title issues, traces back to the the meddling of the US, trade agreements, and Mexican greedy landlords.



[Edited on 8-15-2016 by JoeJustJoe]
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[*] posted on 8-15-2016 at 04:10 PM




Quote: Originally posted by JoeJustJoe  
Actually the "ejido" traces way back to the Aztecs,

======================

Verify that. ohhh... youcan't?




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[*] posted on 8-15-2016 at 04:14 PM


Quote: Originally posted by JoeJustJoe  
The Mexican revolution in the early 1900's was in large part a revolt by the Mexican peasants lead by Emiliano Zapata, in the north and Pancho Villa, in the south.


Just wanted to quote this before someone else told you how stooped and uneducated you are....and always will be.






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[Edited on 8-15-2016 by DENNIS]




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tiotomasbcs
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[*] posted on 8-15-2016 at 06:52 PM


Oh yeah, Villa was very popular in the south and Zapata was killed in his Cadillac in Chihuahua. YKYKYKYUK! And Benito Juarez opened the first Spanish Bank ..... love it?!
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[*] posted on 8-15-2016 at 06:59 PM


JAAAJAAAJAAAJAA. Profe Joe, just No! The Ejido is our new Mxi Real Estate Cco thanks to Gortari and now they are endeavoring to sell anything such as dirt and rocks...huge scar where Tres Santos has bought rocks for their crazy scheme.. dinero$$$ ?!!
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[*] posted on 8-15-2016 at 07:07 PM


La Tierra es para Quien lo Trabaja--Zapata beautiful words from the Revolucion. Sadly... and from Mmiguel Hidalgo Costilla--Respeto Al Der3cho Ajeno es La Paz,,, again...beautiful words that fall short in todays times... just livin in the moment. Tio America looks as bad if not worse, OOoops! My Bad... Benito Juarez spoke of peace being Respect. First Indian President.











[Edited on 8-16-2016 by tiotomasbcs]
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[*] posted on 8-15-2016 at 08:57 PM


Definitely don't know all about these subjects - what I do know am happy to share:

1. Tommy's grandfather was an officer in the Revolution - in lieu of payment for his service he was given a choice of many land parcels. He selected a mountain top parcel in Baja Norte to build homes for all of his family members.

2. Re: Ejido property - in the CSL area in 1993/4 the local ejido council voted to allow sales of certain ejido parcels... the first of which was the property now known as Villa Serena. The ejido council President is the father of one of our first crew members.

Obviously as in all things, ymmv and your understanding and experience/s are likely to be different depending upon many factors -- all of which are often described on this board in great detail.

Peace happiness and success to all to ones individual definitions. LG




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