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 Moderated by: bartmanaz Page:    1  2  Next Page Last Page  
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New York Times article  Rate Topic 
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 Posted: Wed Aug 17th, 2016 08:33 pm
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long time resident
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Mana: 
In the New York Times, there was an interesting article regarding land seizures in Tulum Mexico.  How safe are the properties in San Carlos?  Apparently, according to those that were interviewed, their hotels, private residences, and businesses were taken by a court order that they were not aware of.  The legal system at its' finest.

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 Posted: Thu Aug 18th, 2016 03:24 am
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bartmanaz
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No link to the article?  Pure conjecture on a connection to SC?  Provide the reference or this one gets deleted.

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 Posted: Thu Aug 18th, 2016 03:28 am
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390pony
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The Tulum properties were on ejido land. Not a smart move.

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 Posted: Thu Aug 18th, 2016 08:24 am
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Ian948
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http://www.nytimes.com/2016/08/17/world/americas/mexico-tulum-corruption-evictions.html?_r=0

Google found it 1st time :)


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 Posted: Thu Aug 18th, 2016 04:18 pm
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long time resident
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Thanks....I just wrote it all down to transfer, but my computer was being difficult. I guess it can be technically challenging sometimes....I have bought ejido land. It can be done correctly, without any problems. What upset me was the way all of this was handled, and no notice, no accountability, or anything. And yes, it has happened else where many times over, and it wasn't ejido land, but a corrupt system.

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 Posted: Thu Aug 18th, 2016 05:03 pm
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frankiej
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"people" sometimes move into an area and just settle!  then someone moves in beside them.  then someone sells the property they settled, and so on and so on!   illegal
then the legal owner/owners come in,  chases the squatters out,  seize the improvements,  declare legal ownership,  and usually a for sale sign follows!   legal 
is this happening in the san carlos area???
la manga is a perfect example!  
the road to the dolfinaria another!

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 Posted: Thu Aug 18th, 2016 05:15 pm
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GOIT
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Frankiej, can you expand on how this is happening or happened in La Manga and the road to the Delfinario?

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 Posted: Thu Aug 18th, 2016 05:22 pm
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Richard Baca
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FrankieJ, do you have any facts to back that up? Or are you speculating or opining?

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 Posted: Thu Aug 18th, 2016 05:49 pm
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frankiej
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the squatter situation has been a topic in la manga since i came here 15 years ago!  i have photos from 46 years ago as evidence la manga did not exist!  i have photos from when i move here 15 years ago of a small fishing village "la manga"!  there is now "la manga I" and "la manga II"  there is a valid reason why water and electric do not reach there!  there are no real estate signs from any of the many real estate companies doing business here in san carlos in "la manga",  that i am a where of!  WHY?

the current development "rincon del ensueno" is dealing first hand with part of their properties adjoining la manga!

have i seen any law suits for that property?  no!!  why would I??  would i buy any property there, no!  

the properties which the road traverses to get to the dolfinaria is in litigation.  i have seen articles in the paper!  that was and is part of the buenos aires ejido!

i am not an attorney, just an observant resident!



Last edited on Thu Aug 18th, 2016 06:01 pm by frankiej

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 Posted: Thu Aug 18th, 2016 06:34 pm
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I know people who have squatted the land in La Manga. They invited me to join them. One was a lawyer from Guaymas, and he has a nice house out there. Said that if you build it, and live in it, then it is yours. Not rumor, know the players, and it didn't seem right to me, so I wanted no part of it, but they claim that it is their right under Mexican law.
Road to the Delphinario, many articles in the Guaymas newspaper. Actually one lawyer involved in it, passed away early on, but several others are still fighting the fight. I believe that Jose Ordaz could shed some light on it. He was involved, according to the news papers.

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 Posted: Fri Aug 19th, 2016 12:08 am
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Bullshipper
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long time resident wrote: Thanks....I just wrote it all down to transfer, but my computer was being difficult. I guess it can be technically challenging sometimes....I have bought ejido land. It can be done correctly, without any problems. What upset me was the way all of this was handled, and no notice, no accountability, or anything. And yes, it has happened else where many times over, and it wasn't ejido land, but a corrupt system.

As far as I know, all ejido land possessions could only be transfered between ejido members with prior permission granted by a majority of votes by all the members present at a monthly ejido meeting.
The federal government has been anxious to grant titles to long term possesions so that they can start charging property taxes, so I am interested in how you are actually doing this legally through a notary and public registry?

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 Posted: Fri Aug 19th, 2016 04:57 pm
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Bullshipper, each ejido has a different deal. The ejido in San Jose was granted by the government personal ownership, and each member was given (or paid for) a specific area. This are aid where they built their home or whatever....they have title. They have the ability to transfer their rights. It didn't take all that long, but the process was a bit complicated. I used Notario Publico #41 when I purchased the property It was registered, and had its clavee de castral When I sold it, I used Notario Publico #10 Salas Castro, and it went very smoothly, no problems in the registro. It has been done many times now in different ejidos. The ejido Buenes Aires now has the right to sell properties. You can go and speak with any notario, and they probably have a good idea which ejidos are now available for legal transfer.

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 Posted: Fri Aug 19th, 2016 04:59 pm
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Condos Pilar was built on ejido land, and it took years for that to be resolved, but it was, and the condos are in bank trusts.

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 Posted: Fri Aug 19th, 2016 06:52 pm
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Bullshipper
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Glad to hear that the titled properties can be sold smoothly. Thanks for the explanation.

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 Posted: Sat Aug 20th, 2016 03:25 pm
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RichD
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Just curious, has there ever been a case in San Carlos of someone losing property that they bought with an existing trust? I always thought this was safe, maybe I am wrong.

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 Posted: Sat Aug 20th, 2016 03:58 pm
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Caracol incident. Happened a couple of times that I personally know of. Pm me, I can not go into it on the board.

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 Posted: Sat Aug 20th, 2016 04:50 pm
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frankiej
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what do you consider safe?  does a recorded title from a notario make it safe and problem free?
there is a 3 story home in the carocal that has 2 titles on it,  one owner occupies the 3rd floor and the other owner occupies the 1st and 2nd floor,  but get this;  it is divided vertically!  not horizontally but vertically!  
 it is common to have multiple titles on a single building,  they are condominiums !
it was my understanding that the carocal was a single family housing development!
caramba!

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 Posted: Sat Aug 20th, 2016 05:45 pm
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frankiej
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escrow officer "vs" notario ;
NOB an escrow officer does all the document preparation,  ownership transfer "fee simple" normally,  they usually work for or with a title company,  each state may have different rules and regulations.  the title company offers title insurance for a fee.  the title insurance is your guarantee of a "fee simple" title!
here a notario,  does basically the same work as the escrow officer and most of the time it is a safe,  and legal transfer of title.  the difference is there is no title insurance!  
no title insurance leaves the purchaser and or seller vulnerable!
P.S.  the transfer of funds for purchase of a property with an escrow agent is done after the property is recorded!
the transfer of funds here are at the "meeting of minds" at the notario,  recordation may not occur for months, maybe years!
maybe not at all!!

Last edited on Sat Aug 20th, 2016 06:04 pm by frankiej

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 Posted: Sat Aug 20th, 2016 08:35 pm
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Richard Baca
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RichD; Yes, it happened in Loma Bella where a Canadian purchased a lot from an American. The trust transferred complete with Certificate of No Liens. It turns out that some 20+ years earlier Fomento Urbano (the Estrada Group) had taken a deposit on the lot from a Mexican citizen. The Mexican waited until the Canadian had built the house, then pounced on the property claiming he had possession based on his deposit. In the ensuing law suit the Canadian lost at every level of appeal because Fomento Urbano had accepted and never returned the Mexican's deposit. Fomento Urbano never took full responsibility leaving the Canadian out to dry. He left in disgust.

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 Posted: Sat Aug 20th, 2016 09:15 pm
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johnmoore
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Senor Baca, a strange tale. Was the deposit recorded? If so the notary would/should have been aware. And when does a deposit, without bringing it to a sale, constitute possession? A very strange tale.

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