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arrowhead
Banned
Posts: 912
Registered: 5-5-2009
Member Is Offline
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Yet Another Satisfied Customer
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http://rosaritorealestatefacts.com/openletter.htm
BUYERS / SELLERS BEWARE
BUY / SELL PROPERTY IN ROSARITO BEACH BAJA MEXICO
WITH EXTREAM CAUTION – BEWARE!
October 5, 2009
To whom it may concern,
This is to advise all interested parties that a comprehensive draft of this letter will be released to all media centers in California -including San
Diego, Orange County, Los Angeles, and beyond including Nevada, Arizona should this situation not be resolved immediately.
I have recently (Since August 2008) attempted to sell my condominium unit at La Jolla de Rosarito that I purchased through Desarolladora de las
Californias S.A de C.V – Developer of Oceana Condominiums, Oceana Casa del Mar, La Jolla de Rosarito, Oceana Plaza and possibly other developments
around Rosarito Beach and Baja Mexico.
The property has been paid off in full, but apparently has a lien against it which the developer Desarolladora de las Californias S.A de C.V took out
a secondary loan against the property without my knowledge or consent.
Furthermore I and the buyer have a purchase/sell agreement being handled through escrow in Baja Mexico and we have been waiting for over 220 days for
the lien to be released in order to move forward with the closure of the sale. Due to this excessive delay I have come to the conclusion that what we
in the US expect from escrow, is not what you get in Mexico from escrow it’s simply a name used in Mexico to give US investors false security that
their dealings will be handled in an honest and safe manner.
Desarolladora de las Californias S.A de C.V represented by C.P. Julio Cesar Mendivil A. received the final payment balance owed on the property $57,
337.00 USD. On September 4th, 2008 as a pre condition they set prior to the lien being paid off by them, which they have not turned over to the bank
holding title and security mortgage on the property as of this date.
I met personally with C.P. Julio Cesar Mendivil A. on October 22, 2008 to discus why things were taking so long and he blatantly told me that he had
spent the money that was turned over to him on other commitments. I immediately contacted the bank holding the title directly to explain the situation
and spoke to the branch manager and the person directly in charge of the Desarolladora de las Californias S.A de C.V account who expressed to me that
they could do nothing for me since their client is Desarolladora de las Californias and that I must deal with them directly or by legal means as he
stated I had all the necessary elements to file a lawsuit.
I highly urge all interested parties to help resolve this situation immediately in order to avoid yet another plague of bad press directed towards
Rosarito Beach Baja California, Mexico. In order for potential investors in Mexico to have confidence in the system this type of unprofessional action
must stop.
Today is October 5, 2009 and yet absolutely no progress!
Below I have included the contact information for the legal representative of the developer:
C.P. Julio Cesar Mendivil Arguelles
Desarrolladora de Las Californias, S.A. de C.V.
Nextel 152*133193*12
Tel. 100-61-40 al 43
jmendivil@decasamx.com.mx
http://decasamx.homestead.com
http://lajolladelmar.homestead.com/Contactus.html
If I have not finalized this transaction in a professional and satisfactory manner by February 28, 2009 – I will continue to send press releases to
all media outlets indefinitely.
Feel free to forward this email to any and all parties that may be interested, affected or may be of assistance in resolving this issue.
Current Owner
Owner - La Jolla de Rosarito
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Hey Mexicorny! I hear that guy Tommy Goodman is the Secretary of the La Jolla de Rosarito HOA. Maybe you should pass this on to him so he can publish
it on the HOA's website that he maintains. I'm sure he would not shirk his fiduciary responsibility by failing to notify the homeowners that their
condos are not free and clear even after they paid off the developer in full. Maybe working on that little "problem" will help him stop fixating on
some old burned-out surfer.
p.s. Please stop sending me U2U's. I'm just not your type.
No soy por ni contra apatía.
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Mexicorn
Senior Nomad
Posts: 772
Registered: 9-15-2009
Member Is Offline
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Your not my type whats that supposed to mean Einstein?
Yeah your right Nancy I have to say I dont like your type either. You sound just like a bottom feeder lawyer in your posts.
Where did you receive your law degree from?
you're a liar and you should be deported back to the US.
No soy contra Los Nomads tampoco Y Largate a la Berga!
[Edited on 1-3-2010 by Mexicorn]
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arrowhead
Banned
Posts: 912
Registered: 5-5-2009
Member Is Offline
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Listen up Mexicorny, perhaps things still are not clear to you. Maybe I can help clarify your situation in Rosarito:
1) On a good day, your condo is worth only a fraction of what you paid for it.
2) Your HOA has only about $20,000 in reserves and those two big, tall twin towers are going to start needing major investments to keep them from
dissolving back into the beach sand.
3) Many homeowners are not paying their HOA dues. Sooner or later you will talk to a Mexican lawyer who actually knows something and he is going to
tell you that the HOA cannot enforce collection of the delinquent HOA dues under Mexican law and cannot even foreclose on the unit.
4) The only way to keep the buildings habitable is for those who still pay the HOA to keep paying more and more to make up the difference.
5) Even if you could find a buyer for your unit, you cannot sell it. This is because your "wonderful" developer took all the sales proceeds and put it
in his pocket or used it elsewhere and did not pay off the underlying construction loan. Now, you can sue him in a Mexican court, but nothing on this
planet can make him payoff a loan with money he does not have.
That sinking feeling you are getting in your stomach right about now comes from the slow realization that your entire investment in Mexico is gone,
and it is never coming back. Not one peso. You have been skinned. I suggest that instead of spending your hours here trying figure out who your
enemies are, you could be much more productive by starting work on your little problem. I'm fairly certain that amped-out old surfer lady is not
responsible for your mess.
No soy por ni contra apatía.
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Sharksbaja
Elite Nomad
Posts: 5814
Registered: 9-7-2004
Location: Newport, Mulege B.C.S.
Member Is Offline
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Ouch! Hey, it's a learning curve. It's just a matter of how sharp that next curve is. The way I see it is you gots three choices:
1) Yield to Mexican developers
2) Yield to the Eijido
3) Yield to the hurricanes
They're all equally scary.
WHAZZUPWIDAT? WHAZZUPWIDAT? 
DON\'T SQUINT! Give yer eyes a break!
Try holding down [control] key and toggle the [+ and -] keys
Viva Mulege!
Nomads\' Sunsets
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monoloco
Elite Nomad
Posts: 6667
Registered: 7-13-2009
Location: Pescadero BCS
Member Is Offline
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Just get a Mexican attorney he'll get it all sorted out. In about 20 years.
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Pescador
Ultra Nomad
Posts: 3587
Registered: 10-17-2002
Location: Baja California Sur
Member Is Offline
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Yep, another flaming example of why "Mexico is just like the United States, only cheaper."
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Mexicorn
Senior Nomad
Posts: 772
Registered: 9-15-2009
Member Is Offline
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| Quote: | Originally posted by arrowhead
Listen up Mexicorny, perhaps things still are not clear to you. Maybe I can help clarify your situation in Rosarito:
1) On a good day, your condo is worth only a fraction of what you paid for it.
2) Your HOA has only about $20,000 in reserves and those two big, tall twin towers are going to start needing major investments to keep them from
dissolving back into the beach sand.
3) Many homeowners are not paying their HOA dues. Sooner or later you will talk to a Mexican lawyer who actually knows something and he is going to
tell you that the HOA cannot enforce collection of the delinquent HOA dues under Mexican law and cannot even foreclose on the unit.
4) The only way to keep the buildings habitable is for those who still pay the HOA to keep paying more and more to make up the difference.
5) Even if you could find a buyer for your unit, you cannot sell it. This is because your "wonderful" developer took all the sales proceeds and put it
in his pocket or used it elsewhere and did not pay off the underlying construction loan. Now, you can sue him in a Mexican court, but nothing on this
planet can make him payoff a loan with money he does not have.
That sinking feeling you are getting in your stomach right about now comes from the slow realization that your entire investment in Mexico is gone,
and it is never coming back. Not one peso. You have been skinned. I suggest that instead of spending your hours here trying figure out who your
enemies are, you could be much more productive by starting work on your little problem. I'm fairly certain that amped-out old surfer lady is not
responsible for your mess. |
Thanks for all that great information but.
1.) I dont own a condo I live in Baja del mar.
2.) You stole someones identity( Tom Goodman of Rosarito beach).
3.) Your days are numbered on this board.
4.) Start thinking of a new screen name might I suggest "Brown Twinkey Swimmer" or how about "Cat Lady" or even "Crazy old lawyer broad."
See you at Plan-B
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wessongroup
Platinum Nomad
Posts: 21152
Registered: 8-9-2009
Location: Mission Viejo
Member Is Offline
Mood: Suicide Hot line ... please hold
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Well, who ever it is that put this up, does all a big "favor" in citing a real estate transaction which went south, big time..
It this example, a number of salient points are raised which should be included into one's memory banks.. as I can't think of anyone that would like
to see themselves in this situation.. well, maybe I should qualify that last thing.. "to most people", as there are always exceptions to the rule..
If possible, would one know the "law" the section which covers the aspects of foreclosure on a specific site and/or property... enquiring minds want
to know 
[Edited on 1-3-2010 by wessongroup]
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Mexray
Super Nomad
Posts: 1016
Registered: 8-30-2002
Location: California Delta
Member Is Offline
Mood: Baja Time
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As I'm sure has been said...
...a gazillion times before...
NEVER invest in Mexico more that you are willing to walk away from...at some point in time!
According to my clock...anytime is \'BAJA TIME\' & as Jimmy Buffett says,
\"It doesn\'t use numbers or moving hands It always just says now...\"
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Mexicorn
Senior Nomad
Posts: 772
Registered: 9-15-2009
Member Is Offline
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CDDG need I say more.
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fishbuck
Banned
Posts: 5318
Registered: 8-31-2006
Member Is Offline
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Doesn't the escrow account work where each party puts in their part and it's exchanged in the escrow?
How did the guy get the money without turning over the title?
[Edited on 1-3-2010 by fishbuck]
"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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wessongroup
Platinum Nomad
Posts: 21152
Registered: 8-9-2009
Location: Mission Viejo
Member Is Offline
Mood: Suicide Hot line ... please hold
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| Quote: | Originally posted by fishbuck
Doesn't the escrow account work where each party puts in their part and it's exchanged in the escrow?
How did the guy get the money without turning over the title?
[Edited on 1-3-2010 by fishbuck] |
"Desarolladora de las Californias S.A de C.V represented by C.P. Julio Cesar Mendivil A. received the final payment balance owed on the property $57,
337.00 USD. On September 4th, 2008 as a pre condition they set prior to the lien being paid off by them, which they have not turned over to the bank
holding title and security mortgage on the property as of this date."
This would appear to be the sticking point, payment in full, prior to removing the lien, which was a second trust deed or an encumberance of some type
which puts all of the buyers monies into the the "pocket and/or bank account" of the individual and/or legal entity which received the "payment in
full".. on "On September 4th, 2008".
An avenue of recourse may exist if, the requirement for "payment in full" was in writing and the language used allows for redress though existing Real
Estate Law, in Mexico and/or the State of Baja.
If one can determine the first part, then one can then evaluate the potential cost and possability of recovering of funds.
I again, would ask if anyone knows the "sections" of Real Estate Law in Mexico.. as it would seem necessary to have "laws on the books" since their
is: International Trade Aggrements, Treaties, and many business from many Nations are currently doing large scale business in Mexico.
Hope this helps, sorry for the misfortune of those who have gotten into this terrible situation..
Again, this board provides a wealth of insight into issues, of which I'm just becoming aware of... thanks to all
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capt. mike
Elite Nomad
Posts: 8085
Registered: 11-26-2002
Location: Bat Cave
Member Is Offline
Mood: Sling time!
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right on Ray....
been saying that for years.
that's why i like trailers and palapas....no muss, no fuss, enjoy or move on.
renting rules.
formerly Ordained in Rev. Ewing\'s Church by Mail - busted on tax fraud.......
Now joined L. Ron Hoover\'s church of Appliantology
\"Remember there is a big difference between kneeling down and bending over....\"
www.facebook.com/michael.l.goering |
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wessongroup
Platinum Nomad
Posts: 21152
Registered: 8-9-2009
Location: Mission Viejo
Member Is Offline
Mood: Suicide Hot line ... please hold
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| Quote: | Originally posted by capt. mike
right on Ray....
been saying that for years.
that's why i like trailers and palapas....no muss, no fuss, enjoy or move on.
renting rules. |
married??
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k-rico
Super Nomad
Posts: 2079
Registered: 7-10-2008
Location: Playas de Tijuana
Member Is Offline
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What does this mean? It's from the original post.
"Desarolladora de las Californias S.A de C.V represented by C.P. Julio Cesar Mendivil A. received the final payment balance owed on the property
$57,337.00 USD. On September 4th, 2008 as a pre condition they set prior to the lien being paid off by them, which they have not turned over to the
bank holding title and security mortgage on the property as of this date."
Is that second sentence really a sentence.
If it means that the developer demanded full payment prior to the lien being paid off and the buyer agreed to that, then that's where things went down
the toilet. Wouldn't witholding final payment until the lienholder is out of the picture be a better way to go?
Also in the original post:
"Due to this excessive delay I have come to the conclusion that what we in the US expect from escrow, is not what you get in Mexico from escrow it’s
simply a name used in Mexico to give US investors false security that their dealings will be handled in an honest and safe manner."
He concluded correctly and should have known that before he bought. It's pretty common knowledge that the escrow profession does not exist in Mexico.
I wonder if a gringo sales agent sold him the condo.
Get a lawyer before you need one!
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capt. mike
Elite Nomad
Posts: 8085
Registered: 11-26-2002
Location: Bat Cave
Member Is Offline
Mood: Sling time!
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well Wesson...... you know the old adage..
| Quote: | Originally posted by wessongroup
| Quote: | Originally posted by capt. mike
right on Ray....
been saying that for years.
that's why i like trailers and palapas....no muss, no fuss, enjoy or move on.
renting rules. |
married??
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if it flies....floats or F$%^s......rent - don't "buy".
fortunately i do not own a boat - yet.
regards the others.....it's both good and bad at times...
formerly Ordained in Rev. Ewing\'s Church by Mail - busted on tax fraud.......
Now joined L. Ron Hoover\'s church of Appliantology
\"Remember there is a big difference between kneeling down and bending over....\"
www.facebook.com/michael.l.goering |
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wessongroup
Platinum Nomad
Posts: 21152
Registered: 8-9-2009
Location: Mission Viejo
Member Is Offline
Mood: Suicide Hot line ... please hold
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Who ever sold it was doing what others have asked of us in a couple "aborted" real estate transaction we have "brushed by" in the past few months down
here "kicking dirt"...
Really like this one, " You don't understand.. this is the way we do this down here".. or how about "yes make the check out to me, and I will insure
that everything will be taken care of"... and let's not forget.."Do I own the property, of course.. but I can't seem to find the copies of the Fido,
tax records, or any documents.. You mean you can't support your claim of ownership with documentation?? Well, if you put it that way, Yes...... oh,
and please make the check out to....
You ever hear this one, "if you don't ask..... "
Been very informative dealing with "relators??" here in Baja.. thanks for all the heads up and by the way why should they get 6% on a transaction,
they do not do the same amount of work, nor are they "civilly or criminally liable it would appear at this time.. still looking though some items now:
- The Mexican Constitution and international treaties
- The Foreign Investment Law and its regulations
- The Civil Code
- The General Law of National Properties
- Federal Zone Regulations
- Condominium Law
- Tax Laws: income tax law, acquisition tax law
- The General Law of Negotiable Instrument
- Commercial Code
- Public Registry
- Notary Law and Federal Law of Public Brokerage
- Agrarian Law
- Corporation Law...
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arrowhead
Banned
Posts: 912
Registered: 5-5-2009
Member Is Offline
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Well, before you start looking up the law of the land down there, there's a few facts you need to know. First of all, Desarolladora de las Californias
S.A de C.V, is owned by the Torres Chabert family. Good old Mayor Hugo Torres and family for those who don't know Rosarito. A few years ago there was
a title dispute on some of those gringo ghetto projects of Hugo's. In fact, our old buddy Rafael "Mano Negro" Muñoz was one of the claim jumpers
trying to prove he owned the land. (That guy sures gets around, doesn't he?)
Well, anyway, to make a long story short, Mexicorn's best friend, Nancy Conroy, published the news of the land dispute in the Gringo Gazette. Hugo
went crazy because he had not and did not want to disclose the cloud on title to the gringos buying his condos. So Hugo started a criminal action
against Nancy to shut her up, threatening her with two years in jail. All she did was publish the fact that a land dispute existed, a verifiable fact.
So, any gringo who thinks he is going to go into a Mexican court and prevail against Mr. Rosarito needs to rethink his life.
No soy por ni contra apatía.
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Woooosh
Banned
Posts: 5240
Registered: 1-28-2007
Location: Rosarito Beach
Member Is Offline
Mood: Luminescent Waves at Rosarito Beach
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Those condos have been selling cheap as "foreclosures" for several years on CraigsList.
Rosarito Beach has Tourist Police with no tourists, and Lifeguard Towers without trained lifeguards. Title insurance is a farce and there are no
completion bond requirements. Escrow? They use the same terms to bring you to the table- but then don't back them with the associated, correct
actions.
Anyone who thinks they have a better legal team than Trump did and can navigate this real estate snake pit as a foreigner with a better result than
his investors got... is a very slow learner.
There is no shame in Mexico and even Mayor Torres has had "problems" with real estate transactions. I don't think they care about threats- their
legal system values friends and longtime relationships over loosely written property laws. And with real estate moving slower ands slower- the snakes
get more brave and the snake-charmers aren't discouraging them from continuing.
\"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
Platinum Nomad
Posts: 21152
Registered: 8-9-2009
Location: Mission Viejo
Member Is Offline
Mood: Suicide Hot line ... please hold
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| Quote: | Originally posted by arrowhead
Well, before you start looking up the law of the land down there, there's a few facts you need to know. First of all, Desarolladora de las Californias
S.A de C.V, is owned by the Torres Chabert family. Good old Mayor Hugo Torres and family for those who don't know Rosarito. A few years ago there was
a title dispute on some of those gringo ghetto projects of Hugo's. In fact, our old buddy Rafael "Mano Negro" Muñoz was one of the claim jumpers
trying to prove he owned the land. (That guy sures gets around, doesn't he?)
Well, anyway, to make a long story short, Mexicorn's best friend, Nancy Conroy, published the news of the land dispute in the Gringo Gazette. Hugo
went crazy because he had not and did not want to disclose the cloud on title to the gringos buying his condos. So Hugo started a criminal action
against Nancy to shut her up, threatening her with two years in jail. All she did was publish the fact that a land dispute existed, a verifiable fact.
So, any gringo who thinks he is going to go into a Mexican court and prevail against Mr. Rosarito needs to rethink his life. |
Not thinking in absolute terms here.. politics knows no boundaries.. an example for me up north, the El Toro Airport.. it's been voted on three or
four times.. and each time.. it gets put into limbo by the "courts" ... we (the voters) don't know what we want!!!
And to date, it is my understanding that the runways have NOT been removed!!
Also about trestles.. do all know that the "road" all fought so hard against for years... was an amendment to the last pork pile that was passed a few
months back.. which allows for the road not to be built, only if the State of California declines to accept the funding from the Fed's.. gee, wonder
how that happened..
These are "snakes" within the United States ...... and you still have to know the law.. as sometimes you might win... so I just carry over learned
experience to Baja and expect even worse behavior
As for not knowing the law in the Country which you may be living in and "owning property" I for one, would like to know as much as I can.. sure I
might not win them all, but will have a better chance stopping from getting too court and just might have a better chance if it fit's into some legal
category which may give relieve, think it's better than knowing zip...
I have been "listening" and "reading" about everything I can here and else where to understand the legal process first, then adapt to regional and
local variations, plus learning about "projects" like the one which has been illustrated so well by you folks here.. from the locals and others that
live here!!.. no guarantee, but to be armed and forewarned is going to be my best bet down here in a Real Estate transactions.. as I certainly don't
have 30-40 staff attorneys like Mr Trump has/had...
Bring in the "political" aspect is very appreciated and is well timed to this discussion, as we all know this is a pretty big factor in the whole
process of development.. the development of a tax base, among other things..
Very good topic, with very good input from all.. thanks
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