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lookingandbuying
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[*] posted on 3-10-2011 at 09:57 PM


Quote:
Originally posted by JESSE
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THATS A CRUEL JOKE!!! :lol::lol::lol:


So, what's the background? Since it is all so well known maybe you could point me in the right direction to discover the things mentioned above??

To me, this is an extremely interesting topic of conversation. We actually have seen examples of people losing their places when they thought they owned it outright. Is there any truth to this National Land title defect issue, or not?

Another thing that interests me on this topic is that we are "vistors" and not the locals who may have more rights than we do. Chain of title on property is a very important issue, everywhere. Here right now in the USA we are having MANY problems with title defects as a result of properties being recorded and transferred in what is called the "MERS" system. MERS was set up by Fannie Mae, Freddie Mac and several very large banks. Many here are claiming the banks that "claim" they own the mortgage and deed of trust really do not own it because the chain of title was broken.

I have never really understood ownership of land in Mexico other than that's just the way things are done around here. Even the recent titles that are offered by the title companies are said not to be worth the paper they are written on as they have many exclusions.

So, anything we can discuss regarding this topic to help inform others I believe is helpful. It could be a big NOTHING or maybe there actually is something to what is being claimed. The guys that started MERS here in the States thought they would be to big for anyone to mess with them as a full 60% of the home loans up here run through their system. What they are finding though is that the judges up here are not buying into the process and are in fact making rulings in favor of the homeowners that are in foreclosure. Beyond the homeowners mentioned above it it a big boon for the bankruptcy trustees representing former AAA rated companies like Bear Sterns etc that are now bankrupt themselves.

[Edited on 3-13-2011 by BajaNomad]
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[*] posted on 3-10-2011 at 11:08 PM


Quote:
Originally posted by lookingandbuying
Quote:
Originally posted by JESSE
***************
***************

THATS A CRUEL JOKE!!! :lol::lol::lol:


So, what's the background? Since it is all so well known maybe you could point me in the right direction to discover the things mentioned above??

To me, this is an extremely interesting topic of conversation. We actually have seen examples of people losing their places when they thought they owned it outright. Is there any truth to this National Land title defect issue, or not?

Another thing that interests me on this topic is that we are "vistors" and not the locals who may have more rights than we do. Chain of title on property is a very important issue, everywhere. Here right now in the USA we are having MANY problems with title defects as a result of properties being recorded and transferred in what is called the "MERS" system. MERS was set up by Fannie Mae, Freddie Mac and several very large banks. Many here are claiming the banks that "claim" they own the mortgage and deed of trust really do not own it because the chain of title was broken.

I have never really understood ownership of land in Mexico other than that's just the way things are done around here. Even the recent titles that are offered by the title companies are said not to be worth the paper they are written on as they have many exclusions.

So, anything we can discuss regarding this topic to help inform others I believe is helpful. It could be a big NOTHING or maybe there actually is something to what is being claimed. The guys that started MERS here in the States thought they would be to big for anyone to mess with them as a full 60% of the home loans up here run through their system. What they are finding though is that the judges up here are not buying into the process and are in fact making rulings in favor of the homeowners that are in foreclosure. Beyond the homeowners mentioned above it it a big boon for the bankruptcy trustees representing former AAA rated companies like Bear Sterns etc that are now bankrupt themselves.


I guess it is helpful, sort of like when banks and or credit card companies hire ex thieves or scam artists to bolster their security. Thats what ******* advice should be considered.

[Edited on 3-13-2011 by BajaNomad]




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[*] posted on 3-12-2011 at 07:50 AM


lookingandbuying
You can find the background on this thread, it is based on the acting law, those are not just words invented, we are citing actual laws here and so to direct you in the right direction I would have to ask you, to just read this thread from the start.

You are absolutely right about this topic being interesting and not only interesting, but important, because you will find here tools that you can actually use in court to defend your golden eggs.

I do not agree with you, about you, just being visitors, because Americans are actually buying houses and condos in Baja and putting in jeopardy your life savings, that fact, does give you rights, especially to be treated with respect to your money that is actually very important to Baja´s economy.

The precedent you mention, is actually very similar, here we have a lot of developers building on national land, having bought the land at just USD$5 to 7$ dlls/m2 and selling it to Americans through Fideicomisos supported by your trust in banks at $2500 to 3500 dlls/built m2. investing only USD$600 per m2 to build.

Here, the Chain of title on property is not existent from the start and people like ****** and other people like him, are using legal gibberish to try to convince Americans to buy property, where they perfectly know the Chain of title on property has legal problems and using pseudo legal facts to try to convince people to buy problems, like your fellow Americans at Punta Banda did.

If you see their arguments, you may very well just smile at them and just say, that they are just pranks and actually nobody would buy their gibberish, but please, do not just smile, because that gibberish has been being used, by Bajas public officials to sustain the legal status of void by origin titles, those pseudo legal facts have been around for almost 20 years and American people are being asked to buy at very high prices, based on those facts and not only those facts but others like those, like ¨Moral Owners¨ invented by public officials or ´in house title insurance´ invented by the Torres group, to justify allowing the sale of land, not taken out of National land in a legal way and in fact, allowing the problems to just continue in to the future, just expecting that the government will come and erase their induced mistake and hide their lies.

Read the laws I have given you here, and then, read the gibberish given by ***** and others and just ask yourself, would you spend your life savings to buy on their arguments???

That is the question addressed here.

Please do not just laugh about their arguments and think that those arguments may actually survive to sustain property rights in Mexico, because it will not and as you say, people have been losing their property, because they believed in public officials and developer´s sales speach, that sustained those arguments, thinking ´well, that is the Mexican way´.
What I am asking here, to the Americans buying property, is to think that Mexico has logical laws, like any other place in the world and not to suspend intelligence, when you buy in Mexico, actually ask the developers to clear the property legal title chain before they sell you at California prices.
Where in the world would you buy property from a company that when you ask them for title insurance, tell you ¨we insure ourselves, the Torres group, has such a good reputation, that it can insure itself¨and people actually buy from them????:?:

You are not just visitors observing, you are the consumer and the buyer has rights, here and in any other place on the world, your money give you that right and that money was hard earned and deserve respect.

Not doing it, is what sent Ensenda economy to the rocks, Rosarito and Tijuana are now there and they deserve it, but they use people like ***** to try to convince you to just continue buying and trusting their arguments.
Would you do it and continue doing it????????????????????????????????????


[Edited on 3-12-2011 by ramuma53]

[Edited on 3-13-2011 by BajaNomad]
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[*] posted on 3-12-2011 at 07:58 AM


1) Do not look ever for legal advice from a 'lawyer' posting on a forum.

2) A certain nomad along who participated in this thread shares equal responsibility for this promotion.
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[*] posted on 3-12-2011 at 08:10 AM


uh oh, is this the same ramuma that loves turtle soup?



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[*] posted on 3-12-2011 at 08:18 AM


gnukid
what are the arguments that support your words?
Why do you ask people to ignore information that they can not get any other place?
Do you think that the actual estate of affairs in Baja is well just being that way???
Do you think that people buying property in baja will just forget Punta Banda problem?????
People are getting results based on what is said here, why shuld they ignore it???
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[*] posted on 3-12-2011 at 08:44 AM


Quote:
Originally posted by gnukid
1) Do not look ever for legal advice from a 'lawyer' posting on a forum.

2) A certain nomad along who participated in this thread shares equal responsibility for this promotion.


I am just curious gnukid, specifically what has he stated in this thread that you dispute and what facts do you have to back that up???

:?::?::?:




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[*] posted on 3-12-2011 at 09:36 AM


I have near my house an empty 10 unit condo tower that was built on national land (Federal Zone) by Grupo Aries. It has been completed and sitting empty for over three years now. It was built on top of an old foundation with a nod and a wink from someone. Since there is no title, they are not for sale, although they did try to sell them during construction but timed the Baja market badly. They claim these are 'luxury" condos and now list the entire building for sale for $5 Million USD, instead of $500K each as before. Grupo Aires hired Finance North America to sell the condos, who never disclosed a lack of title. Had an unfortunate american bought one, they would be out their money. This is not old news like Punta Banda or Trump Baja. The theft of national land to swindle buyers is very much alive and well in Rosarito today. There is even a lifeguard building currently for sale on CraigsList at $400K that is very obviously on national land (the ad even tells people they can develop the property for commercial profit purposes). If potential buyers had the correct information, they wouldn't go near these two properties- because eventually the liars are caught and the buyer is the one who loses his money, not the criminal seller. Information is what Ramuna53 offers, and it should not be dismissed lightly, unless you are a real estate swindler with bad intentions. It is always cheaper to steal something and re-sell it than to buy it properly and re-sell it- and this is basically what has been happening. jmho.



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[*] posted on 3-12-2011 at 11:12 AM


Quote:
Originally posted by BajaGringo
Quote:
Originally posted by gnukid
1) Do not look ever for legal advice from a 'lawyer' posting on a forum.

2) A certain nomad along who participated in this thread shares equal responsibility for this promotion.


I am just curious gnukid, specifically what has he stated in this thread that you dispute and what facts do you have to back that up???

:?::?::?:


These two statements are true based, regardless of the statements made in this thread or their merits. If you can't understand that there are problems with this thread there is little help, nor facts that can help you understand, you are doomed to a life or legal shenanigans and nonsense.

There are very basic tenants to follow in real estate and also in participation in online forums.

In life, one shouldn't play around on anonymous bulletin boards hoping to get reliable professional information in order to understand mexico real estate especially from a poster whose claim to fame is promoting a story about turtle soup, a naval vessel, that resulted in an apparent bar fight.

How is it possible, that Whoosh went from the 1000 post turtle thread to 100% confidence and support of the perpetrator? If this is how he chooses confidence I can't wait to see the rest of his posse. Whoosh's behavior in this case fits the definition of insanity, that is self-evident, I say so out of concern for his well-being and others who may be misguided into a dangerous game of tricks as we have seen previously.

The fact that anyone here would give this thread even a modicum of weight, albeit naively or in ignorance, is equally guilty in perpetrating and promoting a charade, promoting legal uncertainty, legal expertise where it's lacking, and in general poor judgment. I seriously question the common sense of WHoosh and I do so out of real concern for the negative and potentially misleading influence of this thread.

This isn't personal, it's common sense and practical.

Whoosh, BajaGringo and Ramuna are free to make their assertions of confidence in Ramuna and his declaration of certain uncertainly (now I sound like Rumsfeld argh), I am not contesting their validity or non-validity, simply pointing out this is not reliable or helpful method to understand legal title or negotiate the general RE market in the region. Please consider the process and method and use greater caution.

Now, if Whoosh, BajaGringo and Ramuna want to play WWF style RE much like Ramuna's WWF stlye hotel management great, good for you, go at it, call Jesse Ventura and sell tickets to this debacle-why not open a RE office called Turtle Soup Real Estate-You Can Trust Us We Know The Navy!

However, as a practical application, this forum discussion method is certainly not helpful and is misleading those who seeking professional advice, that goes without argument (even in france where they love to argue-BajaGringo are you French? hahaha).

Yes there are pit-falls to RE, yes its confusing, yes it's risky, however, the common understanding at BN should be obvious, go somewhere besides here to understand and learn about RE historical precedence, National law, International law, Natural law and practical RE applications in Mexico.

Do not play into the hands of the turtle soup mafia. Now get outta here ya crazy vacationing hill-billy tourists-go hit the beach and avoid falling into these online sand traps again.



[Edited on 3-12-2011 by gnukid]
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[*] posted on 3-12-2011 at 11:44 AM


Quote:
Originally posted by gnukid
Quote:
Originally posted by BajaGringo
Quote:
Originally posted by gnukid
1) Do not look ever for legal advice from a 'lawyer' posting on a forum.

2) A certain nomad along who participated in this thread shares equal responsibility for this promotion.


I am just curious gnukid, specifically what has he stated in this thread that you dispute and what facts do you have to back that up???

:?::?::?:


How is it possible, that Whoosh went from the 1000 post turtle thread to 100% confidence and support of the perpetrator? If this is how he chooses confidence I can't wait to see the rest of his posse. Whoosh's behavior in this case fits the definition of insanity, that is self-evident, I say so out of concern for his well-being and others who may be misguided into a dangerous game of tricks as we have seen previously.

Whoosh, BajaGringo and Ramuna are free to make their assertions of confidence in Ramuna and his declaration of certain uncertainly (now I sound like Rumsfeld argh), I am not contesting their validity or non-validity, simply pointing out this is not reliable or helpful method to understand legal title or negotiate the general RE market in the region. Please consider the process and method and use greater caution.

Now, if Whoosh, BajaGringo and Ramuna want to play WWF style RE much like Ramuna's WWF stlye hotel management great, good for you, go at it, call Jesse Ventura and sell tickets to this debacle-why not open a RE office called Turtle Soup Real Estate-You Can Trust Us We Know The Navy!
[Edited on 3-12-2011 by gnukid]


I felt bad for the turtle heads the authorities found in the trash of that restaurant, and honestly- i did not read all the 1000 posts on that thread. Save the turtles!

I have not only gotten advice on this thread from Ramuna53, I have gotten RESULTS. I have met with the expert he referred me to from this thread, and thanks to him- my federal concession problem has been legally addressed in the courts and is being resolved in my favor (ok - the people of Rosarito's favor). The Mexican who tried to steal my concession knew how to game the system, I did not- until Ramunas53 helped me. The game is not fun- but Americans have to learn to play by Mexican rules and laws as they are written today- or they will lose every time. Information is everything. His experts are right-on and I thank him again and now for this thread. What have you done on this thread topic for me or any other Nomads that puts you on the high road you claim to be riding on?

[Edited on 3-12-2011 by Woooosh]




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[*] posted on 3-12-2011 at 12:11 PM


the turtle thread is all you need to know about ramsanus53.
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[*] posted on 3-12-2011 at 12:14 PM


One more thing... when going through my concession paperwork file (I throw nothing away). The name of Ramuma53's federal zone expert was there all along. Don't know why I didn't use him from the getgo- would have saved me a few grand and three years aggravation withthiw squatter. How did I get the name of Ramamas53 expert? SEMARNAT GAVE IT TO ME IN THEIR OFFICE when I asked them for a list of good people to do the concession work for me. So are you saying Ramunua53 and SEMARNAT and his experts are in cahoots in some negative way?

[Edited on 3-12-2011 by Woooosh]




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[*] posted on 3-12-2011 at 12:16 PM


Quote:
Originally posted by mtgoat666
the turtle thread is all you need to know about ramsanus53.


The Turtle Bust thread is way too long... waaaaay too long.




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[*] posted on 3-12-2011 at 12:16 PM


Quote:
Originally posted by Woooosh
One more thing... when going through my concession paperwork file (I throw nothing away). The name of Ramuma53's federal zone expert was there all along. Don't know why I didn't use him from the getgo- would have saved me a few grand and two years aggravation. How did I get the name of Ramamas53 expert? SEMARNAT GAVE IT TO ME five years ago when I asked them for a list of people to do the concession work for me. So are you saying Ramunua53 and SEMARNAT are both in cahoots? Get real, he is.


did you read the turtle thread?
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[*] posted on 3-12-2011 at 12:18 PM


Quote:
Originally posted by Woooosh
Quote:
Originally posted by mtgoat666
the turtle thread is all you need to know about ramsanus53.


The Turtle Bust thread is way too long... waaaaay too long.


well, you should have read it as it developed. ramsanus53 was one of the primary characters in that saga - much about him is clear if you read it (assuming ramsanus53 as not deleted his screed)
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[*] posted on 3-12-2011 at 12:23 PM


Quote:
Originally posted by mtgoat666
Quote:
Originally posted by Woooosh
Quote:
Originally posted by mtgoat666
the turtle thread is all you need to know about ramsanus53.


The Turtle Bust thread is way too long... waaaaay too long.


well, you should have read it as it developed. ramsanus53 was one of the primary characters in that saga - much about him is clear if you read it (assuming ramsanus53 as not deleted his screed)

I don't even think I was a nomad yet then. If you go through life looking only at how your friends treat others, instead of focusing on how they treat you- you do both yourself and your friend a disservice.

[Edited on 3-12-2011 by Woooosh]




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[*] posted on 3-12-2011 at 12:26 PM


Not buying, not selling, and not looking at anything even close to Baja. :lol: Very interesting opinions about buying/selling property in Mexico. Was sold on Baja at one time, 'till I went fishing down there. And not for a day or two, but for 4 months. Triggerfish heaven! Got tired of a triggerfish diet.:lol:
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[*] posted on 3-12-2011 at 12:27 PM


Quote:
Originally posted by Woooosh
Quote:
Originally posted by mtgoat666
Quote:
Originally posted by Woooosh
Quote:
Originally posted by mtgoat666
the turtle thread is all you need to know about ramsanus53.


The Turtle Bust thread is way too long... waaaaay too long.


well, you should have read it as it developed. ramsanus53 was one of the primary characters in that saga - much about him is clear if you read it (assuming ramsanus53 as not deleted his screed)

I don't even think I was a nomad yet then. If you go through life looking only at how your friends treat others, instead of focusing on how they treat you- you do both yourself and your friend a disservice.

[Edited on 3-12-2011 by Woooosh]


some say you can judge a man by the company he keeps.

good luck being friends with ramsanus53.

perhaps you should buy a house or business next door to him :lol:
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[*] posted on 3-12-2011 at 01:35 PM
Would he boil and eat them, too?


Quote:
Originally posted by lencho
Fascinating. If someone took sadistic pleasure in beating infant children, would that have any effect on your attitude or relationship with him?


We are talking about lawyers here, right?

I would insist my attorney exhibit these qualities.




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[*] posted on 3-12-2011 at 02:14 PM
National Land transfer needed, or not??


Hi All,

Again, I think this is a very interesting thread/topic and the various opinions shared are a worthwhile read. I would concur that a person should not randomly come to a "blog post" to get information that they are going to rely on in a transaction that may separate them from their money. And so yes, item #1 expressed in gnukids post is accurate. I am not really sure what he is referring to in item #2. In any event, getting true professional advice when doing any transaction is always the best approach. The problem I see is firstly, it is very hard in Baja to find true professionals that don't also have some other agenda than that of protecting you in the course of business you are conducting.

I have been going to Baja since about 1971, so it is not a new place for me. I also have friends that "own homes/condos" or whatever you want to call having a place in Baja.

Some of my friends have homes on the Federal Zone and this type of arrangement seems pretty straight forward. You pay your Federal Zone charges each year and have enjoyment of the use. Whatever enhancements you place on the property are yours to enjoy and typically there is a Campo owner that may have land adjacent to the Federal Zone. You can obtain your water, trash and any other small services from the Campo landlord for a small fee. In my mind this type of arrangement is great as it is extremely cheap for what you are getting, but truly you really don't own anything and I get that.

We are all I am sure aware of the Punta Banda problem and of course those of Trump and other condo developers in the area. While the Punta Banda problem has it's own unique issues those of Trump and other condo developers that did the same thing Trump did is similar. From my understanding of the Trump and other unfinished condo towers these developers got people to place large deposits on a place that was un-built and maybe to put up additional funds during various stages of construction progress with the intention of paying the final balance in cash or by bank loan upon completion and delivery of the finished unit. Most likely, in these cases where the people lost their funds it was a result of a few things. First being that the developer was a plain out and out crook and were stealing people's money from the get go without ever having any intention of delivering a completed unit. Second, they were part crook whether intentional or not whereby they withdrew large funds as salaries etc and they ended up thinking that the units would sell faster for higher prices and ended up having cost over runs and other problems that ended up resulting in them being unable to deliver the promised goods. Third, some guys were just very unseasoned or even seasoned developers that did not know what they were doing and while they had good intentions they screwed everyone out of their money as a result of their stupidity. This last case, #3 I would call a error in judgement or a plain old bankruptcy. All or most of the losses that the buyers experienced could have been avoided if there were a true escrow of the deposit funds. And I've heard that while some of these places offered what they were calling an escrow of the deposit funds it was not truly an escrow account as we would know them in the States.

The above information can be used for single family home contracted to buy also and is not restricted to condo developments.

So people got caught up with shysters or someone that had a business error (aka bankruptcy) and lost their money. While I would lay most of the blame of the developers you would have to lay some of the blame at the feet of the people that willy nilly gave their money to many of these so called developers. Whether doing a transaction like this was because of greed or plain stupidity the result is the same...they lost their money and it will not be recovered. The money got swallowed by the great real estate boom boom days, bye bye money.

But, the topic on this thread is different than of those described above. The topic here, I believe, is regarding those cases where a person provided a deposit on a place, the developer fully completed the project and delivered the final completed unit/house to the buyer. The topic here could also apply to a person that is merely buying a resell condo unit or house. And, the topic as I see it is how does a person assure themselves that they are properly getting ownership title to a place they are buying. This has been an issue that fully is beyond my comprehension and the more questions one asks the more confusing it gets!!

First, some people (real estate agents and brokers or others involved in the real estate business in Baja) will either tell you that you don't or you do need an FM?? to properly buy a place. It is my understanding that if a person does not have the proper FM?? then any contract signed is invalid. So, this is one problem, depending on who you are listening to, because if you can't legally contract then it's all worthless from there. But let's say a person does have the appropriate FM?? that allows them to legally sign contracts in Mexico. As a side note it is my understanding that a person needs the appropriate FM?? to sign ANY contract whether it relates to buying a place, renting a place or trying to contract to any other type of business. But, let's say we do have the proper documentation and can legally contract in Mexico.

So, the next step is what should I do to ensure I get proper ownership/title to a place that I want to buy?? I have always heard "if you get it in a bank trust then it's as safe as you can get". While this "may" be the case there always seems to be some type of other problem or glitch like while the place is in an existing bank trust (or you can start a new one) part of the land/house/condo you are trying to buy is on the Federal Zone. In some cases it's just the patio or stairs leading down to the ocean and in other cases parts of the actual building structure are built on Federal Zone. And hey, this is why places are a lot cheaper in Mexico after all.

But the topic on this thread cuts deeper. The topic of perfecting title on a place you are trying to buy is very important and valid!! Here the claim is being made that if you are going to buy a place ANYWHERE in Baja you should go to the land office and if you do not find a transfer of title out of the National Lands in the file then you can not perfect either ownership or clean title to a place you are trying to buy and spending your money on. I think it has also been stated if the seller can not provide this document to you then walk away. So folks, this is either true, or not. I don't really care about duck soup or turtle soup regarding this subject.

If this is in fact true (you have to have a transfer out of the National Lands to obtain clear title) then there exists many many problems for people that think they own something down in Baja. The greater fool theory does not appeal to me, especially if I were to spend some money on a place in Baja, and maybe, that is what we have going on down here?

We should ALL take title issues into serious consideration when buying a place either in the States or in Baja. We here right now in the States are experiencing MANY title defect issues where we "thought" we have a perfect or good system on doing title search's and assuring a buyer that they have a clear title. As I mentioned in an earlier post do a search for "MERS" and you will find a ton of information about it. A good starting point to read about MERS is to read the New York Times article about the subject that you will find when you do a search. These guys that started and run the MERS system of recording title thought they would get to BIG for anyone to mess with them and at this point in time approximately 60% of ALL properties in the States has been processed through this method of recording title. While they are BIG they are finding that when a person challenges title issues that have been recorded using the MERS method that the judges are ruling in the homeowner's favor which is allowing people to totally get their mortgage nullified leaving the bank that thought they had a perfected lien with their arse hanging in the wind. While MERS is BIG...it does not mean they were legally correct in what they were doing.

So, BIG BIG BIG question!! Is there anything to this issue in Mexico of needing to have a document showing that the property you are buying (or currently have) has been transferred out of the National Lands, OR NOT??? Does a person need it, or not? While prices in Mexico are a lot cheaper as a result of ALL of these issues this seems to be a BIGGY.

Lastly, someone mentioned something to the effect that relying on Ramada's information is like when bank's etc hire former/current crooks to review their security measures to see if they can be breached. This method is actually a very good one that has helped save many large corporations huge amounts of money.
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