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elgatoloco
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Rancho Ensenada evictions
PRESS RELEASE Feb.19,2009
With all the violence reported recently in Baja California now comes the eviction of over 100 American families from Rancho Ensenada Community Park on
the Bay of Todos Santos.
The 100 families have become a pawn in a legal battle between Mexico’s third largest selling Tequilla Distillory and the famous name of Hussong. Since
1962, the land in question has been managed by the Walter Hussong family and an agreement with the Oredain family, the owners of the property. Through
several generations, all seemed well. However, recently the Orendain family sued the Hussong entity to dissolve the alleged lifelong management
agreement. The Orendain Corporation won its victory in court just last week, when a Mexican court ruled the Hussong family must return management
rights to the corporation.
Residents of Rancho Ensenada, some who have lived there thirty years (30) have an existing 10 year lease with the current management company. These
homes are not just trailers like the ones established in 1962. These are mobile homes with casitas attached. Some are two stories measuring two
thousand square feet with all the amentities of a gated retirement community. Residents pay for yearly home and car insurance, many have FM-3
residency cards.
For the past twelve months, the Orendain attorneys have met with the home owners, indicating they would be willing to renegotiate contracts with them
once the court decision was made in their favor. Now comes an announcement that the Orendain corporation, victorious in its court battle, has actually
sold the land to the state of Baja for an undisclosed amount of money. The state wants the land to extend a highway along the beach to alleviate heavy
truck traffic though downtown Ensenada.
Residents were informed last night, Wednesday, they have until February 23, next Monday to get out, evicted by the state of Baja. No compensation, no
extension of time. Attorneys representing the home owners say the current lease is a binding agreement but the state has refused to acknowledge those
documents. The State has refused to even talk with the residents or their attorneys. Orendain attorneys are no where to be found.
Residents stand to lose their homes not to mention thousands of dollars in household goods, appliances and furniture. If the state of Baja is
concerned about recent negative publicity involving murder, beheadings, kidnapping, and extortion, they only have to look in its own backyard policies
of greed and total disregard to residing Americans. The residents are pleading with the US consulate in Tijuana for intervention, anything to gain
time so they can pack up and leave in a timely manner.
(more)
Clint Houston-xxx-xxx-xxxx (Texas)
Gail Thompson-xxx-xxx-xxxx(San Diego)
Barbara Bennett-xxx-xxx-xxxx (Ensenada)
Victoria Petrovich-xxx-xxx-xxxx(San Diego)
The above are all long time home owners in Ensenada available for interviews.
The GPS location of the gated community on Google Earth is;
31 N 45’52. 12 N ---116 36’ 24.33 W
Attorney representing Orendain in Ensenada-Hector Gonzales Leon.
Attorney representing Home Owners in Ensenada Carlos Cota
US Consulate Tijuana 011-52-664-622-7400 Carlos Berra.
First Court Ensenada, Judge Salvador Riosevela
edited by spiderman to remove home phone numbers of the long time residents who are available for interviews 
[Edited on 2-21-2009 by elgatoloco]
MAGA
Making Attorneys Get Attorneys
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fishbuck
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| Quote: | Originally posted by elgatoloco
PRESS RELEASE Feb.19,2009
With all the violence reported recently in Baja California now comes the eviction of over 100 American families from Rancho Ensenada Community Park on
the Bay of Todos Santos.
The 100 families have become a pawn in a legal battle between Mexico’s third largest selling Tequilla Distillory and the famous name of Hussong. Since
1962, the land in question has been managed by the Walter Hussong family and an agreement with the Oredain family, the owners of the property. Through
several generations, all seemed well. However, recently the Orendain family sued the Hussong entity to dissolve the alleged lifelong management
agreement. The Orendain Corporation won its victory in court just last week, when a Mexican court ruled the Hussong family must return management
rights to the corporation.
Residents of Rancho Ensenada, some who have lived there thirty years (30) have an existing 10 year lease with the current management company. These
homes are not just trailers like the ones established in 1962. These are mobile homes with casitas attached. Some are two stories measuring two
thousand square feet with all the amentities of a gated retirement community. Residents pay for yearly home and car insurance, many have FM-3
residency cards.
For the past twelve months, the Orendain attorneys have met with the home owners, indicating they would be willing to renegotiate contracts with them
once the court decision was made in their favor. Now comes an announcement that the Orendain corporation, victorious in its court battle, has actually
sold the land to the state of Baja for an undisclosed amount of money. The state wants the land to extend a highway along the beach to alleviate heavy
truck traffic though downtown Ensenada.
Residents were informed last night, Wednesday, they have until February 23, next Monday to get out, evicted by the state of Baja. No compensation, no
extension of time. Attorneys representing the home owners say the current lease is a binding agreement but the state has refused to acknowledge those
documents. The State has refused to even talk with the residents or their attorneys. Orendain attorneys are no where to be found.
Residents stand to lose their homes not to mention thousands of dollars in household goods, appliances and furniture. If the state of Baja is
concerned about recent negative publicity involving murder, beheadings, kidnapping, and extortion, they only have to look in its own backyard policies
of greed and total disregard to residing Americans. The residents are pleading with the US consulate in Tijuana for intervention, anything to gain
time so they can pack up and leave in a timely manner.
(more)
Clint Houston-713-520-6963 (Texas)
Gail Thompson-619-282-6792 (San Diego)
Barbara Bennett-925-262-8361 (Ensenada)
Victoria Petrovich-760-497-8241(San Diego)
The above are all long time home owners in Ensenada available for interviews.
The GPS location of the gated community on Google Earth is;
31 N 45’52. 12 N ---116 36’ 24.33 W
Attorney representing Orendain in Ensenada-Hector Gonzales Leon.
Attorney representing Home Owners in Ensenada Carlos Cota
US Consulate Tijuana 011-52-664-622-7400 Carlos Berra.
First Court Ensenada, Judge Salvador Riosevela |
It's like an eminent domain issue. But is a terrible thing for the people.
I know Orendain. I bought my property from him.
"A ship in harbor is safe, but that is not what ships are built for." J. A. Shedd.
A clever person solves a problem. A wise person avoids it. – Albert Einstein
"Life's a Beach... and then you Fly!" Fishbuck
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DENNIS
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This is incredible. I have friends who live there and have forever. Well....here we go again with another Punta Banda type expropriation and for
those inclined to do it, please spare me the "right and wrong" of it all.
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Dave
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probably right
| Quote: | Originally posted by fishbuck
It's like an eminent domain issue. But is a terrible thing for the people.
I know Orendain. I bought my property from him. |
The property being sold to the state likely trumps the lease. Sounds like compensation, if any, will come from the originating lessor.
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fishbuck
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I don't think this is at all like Punta Banda.
The state wants the land to continue the road.
What would happen here in the US if the government want land for a road?
But it does seem that they are owed money for the impovements on the land. But it is a trailer park.
I'm not defending Orendain but I doubt he had any choice but to accept the offer from the state to buy the land.
And the people who live there have known for years that the road would be continued through there.
But still I do feel bad for those people. I hope they have a good attorney.
"A ship in harbor is safe, but that is not what ships are built for." J. A. Shedd.
A clever person solves a problem. A wise person avoids it. – Albert Einstein
"Life's a Beach... and then you Fly!" Fishbuck
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DENNIS
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| Quote: | Originally posted by fishbuck
I hope they have a good attorney. |
Lawyers will line up to take the case but, they don't have a leg to stand on. Hussong had a Tourist Camp on the north end of Ensenada and the same
thing happened there ten years ago. He gave the tenants one year and they paid lots of attorneys fees but, a year later the bulldozers were at their
door. Bye Bye.
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Dave
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Doubt it
| Quote: | Originally posted by fishbuck
But it does seem that they are owed money for the impovements on the land. |
If they are owed it is for the remainder of the lease term. The improvements would naturally revert to the property owner.
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nancyinpdx
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real estate nightmare
I want to buy real estate in Mexico. Prices in Merida and the Progreso area seem especially good right now. I am a lil scared, though. But we seem
to hear more real estate horror stories from the baja. Sorry this happened. I hope they get some kinda compensation but I doubt it.
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fishbuck
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An owner in San Quintin had a lease with Orendain. The lease did not get renewed and Orendain paid $150.000 for the house to the owner.
So I think the owner is obligated to pay for improvements to the propery. But a trailer park may not be the same.
"A ship in harbor is safe, but that is not what ships are built for." J. A. Shedd.
A clever person solves a problem. A wise person avoids it. – Albert Einstein
"Life's a Beach... and then you Fly!" Fishbuck
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Bajahowodd
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Obviously, these were leases. can anyone fill me in as to whether having a fidecomiso would insulate, or at least require compensation?
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DENNIS
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| Quote: | Originally posted by Bajahowodd
Obviously, these were leases. can anyone fill me in as to whether having a fidecomiso would insulate, or at least require compensation?
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They had rental agreements, at best. Just like all the other beach camps. Half of the tenants were probably illegal and they couldn't even defend
themselves if they had a defensible position but, they don't. They're gone.
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DENNIS
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Matt.....Where did you find this report?
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fishbuck
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| Quote: | Originally posted by Bajahowodd
Obviously, these were leases. can anyone fill me in as to whether having a fidecomiso would insulate, or at least require compensation?
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My guess is the fido would offer the same protection as an owner.
In the fido the title is in the bank trust. I would imagine that the state would have to buy the property from you just like they did with Orendain.
"A ship in harbor is safe, but that is not what ships are built for." J. A. Shedd.
A clever person solves a problem. A wise person avoids it. – Albert Einstein
"Life's a Beach... and then you Fly!" Fishbuck
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elgatoloco
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| Quote: | Originally posted by DENNIS
Matt.....Where did you find this report? |
It was sent to me from a good friend who knows I have a house in Baja. After I posted it I thought I would look for more info. After not coming up
with anything I called him to ask where he got it. Turns out he is dating a woman who is a member of Campo Minuteman and it was sent to her as an
e-mail alert and noted as being from "a confidential source" and that it is a "press release from some of the homeowners in Ensenada".
MAGA
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Bajahowodd
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Nothing better than an unimpeachable source.
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Dave
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Moot point
| Quote: | Originally posted by Bajahowodd
Obviously, these were leases. can anyone fill me in as to whether having a fidecomiso would insulate, or at least require compensation?
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You don't get a fidecomiso with a lease. The property does not change hands.
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elgatoloco
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| Quote: | Originally posted by Bajahowodd
Nothing better than an unimpeachable source. |
Here's hoping it's all a vast right wing conspiracy to drum up donations and interest by the brave Americans valiantly guarding our border in Campo
and "Doing for our country what our governement won't" 
Hopefully the residents of Rancho Ensenada will be able to live out their golden years in peace and quiet in the beautiful suburbs of Ensenada. 
MAGA
Making Attorneys Get Attorneys
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mtgoat666
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| Quote: | Originally posted by elgatoloco
| Quote: | Originally posted by DENNIS
Matt.....Where did you find this report? |
a member of Campo Minuteman |
whoa, there's a cross-threaded right wing nut !!!! 
the moral of the story, never park more than a trailer on leased land, and keep the tires and hitcch attached to the trailer; will they never learn?
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Packoderm
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It looks like just another black eye for future real estate transactions in Baja. Bad news for would be sellers. It's a good (terrible) way to turn
the entire coast into nothing but a string of trailer parks. I for one would never invest in vertical real estate in Baja, and my attitude towards
this becomes more cemented with each addition real estate crisis.
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Dave
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Why?
| Quote: | Originally posted by Packoderm
It looks like just another black eye for future real estate transactions in Baja. |
This has nothing to do with real estate. These were renters.
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