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Author: Subject: Evictions coming btwn Santispac and Posada?
ZThomas
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[*] posted on 10-12-2008 at 10:04 PM
Evictions coming btwn Santispac and Posada?


Rumor is that Ejido Bonfil has gotten a court to issue an eviction order for residents of the hill between Santispac and Posada. Anybody have any reliable information to add? Grounds for the order (assuming it exists)? Timeline? Implications? Recourse? Pertinent history?




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[*] posted on 10-12-2008 at 10:08 PM


Oh oh. Is that the hill with the hot springs and the B & B at the bottom?



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[*] posted on 10-12-2008 at 11:12 PM


I am sorry for anyone affected negatively. I do not know anything about it yet, but I have friends with the Ejido Bonfil as I find the families to be good, honest friendly people. I can ask what the explanation is from the families though at this point it seems they have a judgment for a claim that the land was sold or leased unfairly by a member of the ejido without the collective agreement and process completed.

We seem to be hearing the echos of this up and down the peninsula...
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[*] posted on 10-13-2008 at 05:47 AM


This has happened in Baja Norte and the excuse was the paperwork trail was incomplete. The process is confusing and there are potential timebombs like this ticking all over Baja. Its sad for the people who will feel unsettled because of this. Its why I will never buy land in Mexico.
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[*] posted on 10-13-2008 at 08:25 AM


Quote:
Originally posted by whalemeat
This has happened in Baja Norte and the excuse was the paperwork trail was incomplete. The process is confusing and there are potential timebombs like this ticking all over Baja. Its sad for the people who will feel unsettled because of this. Its why I will never buy land in Mexico.


Only invest in land in mexico if you can afford to lose it .

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[*] posted on 10-13-2008 at 08:29 AM


Ron is correct!

Buying on ejido land has always been cause for a red flag, anyway!




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[*] posted on 10-13-2008 at 03:35 PM
Well put this in your pipe and smoke it-


For what it's worth, all the houses on the hill there are holding a "fideicomisso"...a Mexican land ownership title. The Notario in Santa Rosalia and an attorney in Zihuatanejo have both told me there has never been a case where the Ejido has been successful over turning that title of ownership



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rolleyes.gif posted on 10-13-2008 at 04:07 PM
But scare tactics might work!


Quote:
Originally posted by CasaManzana
For what it's worth, all the houses on the hill there are holding a "fideicomisso"...a Mexican land ownership title. The Notario in Santa Rosalia and an attorney in Zihuatanejo have both told me there has never been a case where the Ejido has been successful over turning that title of ownership


Yep, and they have tried plenty times.:P




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[*] posted on 10-13-2008 at 04:31 PM


Quote:
Originally posted by Sharksbaja
Quote:
Originally posted by CasaManzana
For what it's worth, all the houses on the hill there are holding a "fideicomisso"...a Mexican land ownership title. The Notario in Santa Rosalia and an attorney in Zihuatanejo have both told me there has never been a case where the Ejido has been successful over turning that title of ownership


Yep, and they have tried plenty times.:P


I suppose a greater issue is why is it in Mexico that people keep coming back at you trying to get back the property they sold? Why is land title so fragile and tenuous that it requires an owner constantly defend himself from onslaughts? There are also all those issues of squatters taking adverse possession and then getting clear title to property.
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[*] posted on 10-13-2008 at 08:04 PM
This came from two longtime Mexican Mulege locals........


This came from two local long-time business owners in Mulege who had the newspaper postings of the Ejido evictions to show from the La Paz paper...both on the Posada Hilltop casas and their efforts on the beach below (Posada). They said the Ejido attorneys, in an effort to generate billings, are always just casting efforts out to fish for court "pot-holes". If the Ejido see this as hopeful they pay the attorney bills that are doing this. They said there is a lot of places in Mulege going through the same attacks and it's an on-going effort on the part of the Ejido attorneys.
Two years ago, as the only resident of Posada Beach in August, I met a Santa Rosalia attorney here who said I was going to soon be evicted, as were we all (70 casas). He said in October, when most were back they would be here to tell us our eviction date...or maybe our new lease rates if we wanted to stay. That was two years ago...tick...tick..tick... and now again they are efforting at this- at least the attorneys are anyway. I keep track and this is Mexican Mystery #124557986352325




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[*] posted on 10-14-2008 at 08:47 AM


CasaManzana et al,

Thanks for the info. It's somewhat reassuring to hear that the ejido hasn't been able to beat a fideicomiso. My father, who owns a place on the hill, is headed down sometime in the coming weeks to try and figure out firsthand what exactly is going on.

ZT





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lol.gif posted on 10-14-2008 at 09:56 AM
Lease rates?


Quote:
Originally posted by CasaManzana
He said in October, when most were back they would be here to tell us our eviction date...or maybe our new lease rates if we wanted to stay.


What kind of Fideicomisso comes with a lease? :rolleyes:




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[*] posted on 10-14-2008 at 10:01 AM


Quote:
Originally posted by CasaManzana
This came from two local long-time business owners in Mulege who had the newspaper postings of the Ejido evictions to show from the La Paz paper...both on the Posada Hilltop casas and their efforts on the beach below (Posada). They said the Ejido attorneys, in an effort to generate billings, are always just casting efforts out to fish for court "pot-holes". If the Ejido see this as hopeful they pay the attorney bills that are doing this. They said there is a lot of places in Mulege going through the same attacks and it's an on-going effort on the part of the Ejido attorneys.
Two years ago, as the only resident of Posada Beach in August, I met a Santa Rosalia attorney here who said I was going to soon be evicted, as were we all (70 casas). He said in October, when most were back they would be here to tell us our eviction date...or maybe our new lease rates if we wanted to stay. That was two years ago...tick...tick..tick... and now again they are efforting at this- at least the attorneys are anyway. I keep track and this is Mexican Mystery #124557986352325


If were talking "lease rates" this is not an issue over a land purchase, correct?

So many of these threads on evictions are taken by some as another example of someone being thrown off Ejido Land that was purchased. When you buy property (house or improvements) on leased land it is a very different animal than a real estate purchase with a fideicomiso.

Can we clarify this situation, is it only an issue with leased land or is it something different?:?:

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[*] posted on 10-14-2008 at 11:21 AM


Oh that's the speil they lay on unsuspecting dolts. Just trolling lawyers looking for easy victims. You would not believe how gullable and how easily intimidated so many are. Fido or not.



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[*] posted on 10-14-2008 at 11:29 AM


As CasaManzana said, the homes in question all have fideicomisos.

I don't know what the situation is at Posada. Apparently, based on CasaManzana's comments, they land there is leased.

But on the hill north of Posada, which I originally asked about, everything is fideicomiso.

[Edited on 10-14-2008 by ZThomas]





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[*] posted on 10-14-2008 at 12:38 PM


You need a lawyer to determine whether or not your lease/title is valid? After years and years of payments/taxes etc. Is there something wrong with that picture.:o
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[*] posted on 10-14-2008 at 01:51 PM


Zthomas,

Manazana needs to clarify the post. The post said "both on the Posada Hilltop casas and their efforts on the beach below (Posada)"

It was clarified regarding ownership on the hill "For what it's worth, all the houses on the hill there are holding a "fideicomisso"...a Mexican land ownership title."

What wasn't clariifed is whether the homes subject to eviction on the beach are Fideo properties. Casamanzana's is obviously a leased property "I met a Santa Rosalia attorney here who said I was going to soon be evicted, as were we all (70 casas). He said in October, when most were back they would be here to tell us our eviction date...or maybe our new lease rates if we wanted to stay."

Just trying to get this story straight.

Does any Nomad know of an eviction involving a Fideo?

Thanks,

Ken
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[*] posted on 10-14-2008 at 02:34 PM


If a fidecomiso was a title ..... you would own the land .... you will NEVER hold the actual title in your hands .... it is a joke .... on you ...

CaboRon




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[*] posted on 10-14-2008 at 02:49 PM


Caboron,

Hey amigo enjoy the sunshine and balmy weather down your way and have a c-cktail and some carnitas. You are getting too uptight on this topic.:tumble:

Those of us with Fideo's can walk into the bank and ask to hold the title. Funny though I never have asked to do the same with all the houses I have owned in the States, (never having paid them off).

100 years is more than enough time for me to control some property. Camp, rent, lease, "buy" your dream in Mexico. In the final analysis for me anyway, is about being there.

Ken
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[*] posted on 10-14-2008 at 03:37 PM


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