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 Moderated by: bartmanaz  
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frankiej
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ACCOUNTABILITY; an obligation or willingness to accept responsibility or to account for one's actions.
san carlos is a wonderful place to live!
"but" it truly amazes me of the lack of accountability in "all" segments of our community!  here is a list i'll start with;
* liter , roads and beaches
* pot holes in roads
* water service
* live stock in the roads
* HOA's 90% are dysfunctional "administrators & boards"
* legal system
* real estate services "no uniform or standard contracts"
* real estate legal services "non- notario" 
*  developers 
* gas "quantity"
* construction "no codes or inspectors" 
* restaurant & bars "liquor quality"  
when you look up the word "cavet emptor" there is a picture of san carlos!
this post will probably piss off a few people,  my response is just to look at past posts on this forum and others!

Last edited on Mon Nov 28th, 2016 08:58 pm by frankiej

azbandit66
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Of course there are things that need improvement, but some of it is the novelty of Mexico. The last thing I would would is it to become like the US.

Jimmy
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Well, it took you long enough to figure that out. Gringos, or anyone perceived, to have any money are considered just a piece of meat to get a slice off of to take home to the family.

frankiej
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just 15 minutes of me writing this post.  i see a CFE truck at my neighbors he was cutting off service because the bill hasn't been paid twice!
i know my neighbors have the money to pay and they rely on their gardener to do so!!!!!!  
this is exactly what i am talking about!!!!!
P.S. my mistake blaming the gardener,  they leave money at the bank to pay their utility bills!
so add the BANK to my list !!!!!!

Last edited on Mon Nov 28th, 2016 04:32 pm by frankiej

long time resident
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You are right Frankie. No one wants to be responsible for their actions, or lack of. It does get old after a while. The mexicans that go north for work, have an incredible work ethic, yet when you call them in San Carlos to come and do a repair, maybe they will show, maybe they won't. It is hard on those that do not have a flexible schedule, and can't wait all day.
There is a contract used by all the real estate offices, that was approved by the Sec of Economy.
Very upsetting when there is no enforcement of building codes. Anyone can pretty much build on your wall when you are out of town.
Lack of accountability will always be in issue in San Carlos. The accountable ones, will get more business, but to the new comer, it can be quite frustrating.

frankiej
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azbandit, referring to these sometimes serious infractions as part of the novelty of mexico,  is part of the apathy here!!
san carlos is charming we all agree!! 
but some of the infractions i am referring to are serious and criminal!!  
thinking your power bills are being paid and are not, can be serious if your frig. and freezer are full!
hearing of $10,000. usd lost because of legal services is serious,  not a novelty!
living and owning in a gated community and paying your dues not knowing where the money is going is serious not a novelty!

frankiej
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i finished a remodel in a gated community here 2 weeks ago!
it was a kitchen remodel,  we had to do some plumbing, when i noticed the GAS line was CPVC and not stubbed out,  the water lines where ok, but also not stubbed out at usage points "sinks, baths, ect."
CPVC isn't code for a gas line anywhere in the world!!!
the CPVC was grumbling when we removed it!!
i can report the the gas line has been replaced correctly!!

hans
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I Call all of that a Happy and Romantic Living and full of Surprises.......

JZ
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Drink a couple Pacifico's and relax op.

Jimmy
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JZ wrote: Drink a couple Pacifico's and relax op.
You mean a couple dozen don't you? that's what it takes for some to tolerate the s@#% for a prolonged length of time.
Don't you live in a smaller pond JZ, that is to say Kino?

frankiej
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99 bottles of beer on the wall, 99 bottles of beer take one down and pass it around 98 bottles of beer on the wall!!
i see and hear of people being taken advantage of on a weekly basis!!  the people taking advantage are the same ole crooks we all know about! that is probably the most frustrating thing!!  
no one does anything about it!!! 

Last edited on Mon Nov 28th, 2016 10:45 pm by frankiej

Richard Baca
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Hwy Frankie, chill out man! It's mostly part of the color and culture. That PVC pipe was used for gas IS certainly unconscionable though! Was that the developer out there that did that? Also, the bank not paying the bills, assuming that the funds were on deposit and available, is also unconscionable! Real estate issues? As always, use a reputable broker with a proven track record and all should go well.

frankiej
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quotes from posts on this thread;
* novelty of mexico
* anyone with money are consider a piece of meat to get a slice off
* happy and romantic living and full of surprises
* drink a couple of pacifico's
*chill out man / part of the color and culture. use a reputable broker with a proven track record
all these quote show cynicism,  apathy!!
what seems to be a common theme is the referral or reference to the mexican culture!  guaymas / san carlos are not the epidemy of the mexican culture!!! in fact it exemplifies the complete opposite! all the northern states of mexico are highly influenced by the usa & cananda!  
people are people no matter where you are!  right and wrong are right and wrong no matter where you are!
there are sheep and there are shepherds, followers and leaders!
if you are comfortable with the situations you know are incorrect, then you are a follower!
if you care and want to make a difference you are a leader!

Last edited on Tue Nov 29th, 2016 01:40 pm by frankiej

bombero
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Accountability, on this subject is subjective. Accentuate your reasons for living here, and acknowledge and strive to make SC a "better" place to live, by your actions, and less of your words. It is a beautiful place to live for all the reasons we know, it's failures are found in every city, town, burg.........on earth!

frankiej
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bombero, well said!!  leading by example is what we should all do! 
this post merely accumulated many other posts!  
my intentions where to bring out the obvious apathy and cynicism here! which may be a result of the average age category of the foreigners who call san carlos "home"!!
my actions speak for themselves!  my words antagonize and inspire some! that is by intention!!!!!!!!
that's why i let people know my name and where i live!  i am not hiding behind a moniker!
Frank J. Romero 
p.s. THE "BETTER BUSINESS BUREAU" founded in 1912 focused on advancing market place trust!!
what a concept!!!!!!!!!!! 
  

Last edited on Tue Nov 29th, 2016 03:33 pm by frankiej

Richard Baca
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So Frankie, if you want to lead, first clarify:

1. Was it the developer that installed PVC pipe for gas?
2. The bank not paying the bills; were the funds in the account and available?
3. The real estate issue, what was the problem and what broker caused it?

IMO without specifics, your post is in fact itself cynic, which is part of your rant. So please, for the greater good, out with it.

maryt
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If you want to be accountable you take your little gringo body to the CFE office in Guaymas and pay your bill in advance before you leave. Works every time.

frankiej
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richard,  to answer your absurd questions as best i can; 
1) i don't know i wasn't there when the house was built 20 some years ago!!
2) my neighbors have money deposited in their bank account here to pay utility bills, beyond that it is none of my business
3) i have no problems with any broker or agent here!  i was merely stating a simple fact that there is no standardized real estate contract,  used by all!
your attempts to bait me where futile! bullying me doesn't work on me either!
what type of real estate contract do you use???
i respect your opinions and views!  but have you ever heard the adage;  people who live in glass houses shouldn't throw stones????  

Last edited on Tue Nov 29th, 2016 06:28 pm by frankiej

Richard Baca
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Frankie, chill out man; hey, I'm not baiting or bullying you at all... I'm sorry you took as such! Please accept my apology! Your house was most likely built by the PdS developer whose name I will not post, and it surprises me that he would do such a thing, but I don't doubt you. It was probably his subcontractor that did it and the developer should be made aware of it. As for the bank issue, it's up to the principals to argue it with the bank. The real estate contract that I use and have used for 24 years and NEVER had a problem, is either the NM or Arizona standard r/e contract. Early on, I used the NM standard contract because I was an NM Realtor; later on, I obtained the Arizona r/e license and switched to that. NEVER have I had a problem with it and my clients, the Notarios and the fiduciary banks have all been happy with it. As far as the r/e business is concerned, I feel that I can "throw stones" because of my perfect 33 year track record in three U.S. States plus Sonora. So let's get together for a cerveza or two and chill out together!

Last edited on Tue Nov 29th, 2016 07:14 pm by

frankiej
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apology accepted!!! 
maybe you missed some of my innuendo! 
* developer or contractor;  if there where codes and inspectors for those codes "urbano" all the homes would be safe and sound!
* real estate contracts:  if all real estate brokers/agents would be using the same standardized contract there would be a level playing field for the seller and the buyer and the broker/agents involved!

currently a DRO is responsible for the construction work being done! once they are paid to sign the plans,  they are rarely seen! 

plagiarizing existing sales/listing contracts from the american NAR would probably be as simple as downloading it from the computer,  modifying it for use here ie; english/spanish,  notario vs escrow/title company!

all mere suggestions in a "manana" environment!

Last edited on Tue Nov 29th, 2016 07:35 pm by frankiej

Richard Baca
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The contracts are not copyrighted and yes, I modified the pertinent clauses to conform to Mexican Article 27. You are right though that many are not either fluent in English and Spanish or experienced enough which is why there have been so many lawsuits. The concept of "escrow" and title company doesn't exist here. The Spanish term is "plica", but don't bother looking for it because you won't find it here.

bombero
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Richard, then what is fideicomiso, and or, escuturo (sp)? Do they not function as "escrow"......searching title, liens, etc. ?

Bullshipper
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fidecommisio is a trust
escrituras is a title

bombero
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So there is no title search? So if one receives an escritura, may one then believe there are no liens on the property or structure?

frankiej
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properties in mexico as in the usa are supposed to be transferred "fee simple" no liens or encumbrances! 
that service is suppose to be done by the notario!

IronMan
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The problem with apathy is no one gives a sh*t....

frankiej
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ironman, too funny!  but that does sum it up!

Last edited on Tue Nov 29th, 2016 11:07 pm by frankiej

bombero
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You will give one when, you think you own something and an old lien is brought to your attention, and you are now living on the La Manga Plaza.

Bullshipper
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A sales contract is usually drawn up by the sales agent then the notary.
A legitimate title search is then done with tax lot numbers and the property address by public records.
Public records gives the notary the documentation showing that the property is free and clear, or if their are loans, liens, trusts and encumbrances that have to be paid prior to the seller receiving the rest of the purchase amount.
The money changing hands and final signitures is also done by the notary.
The notary takes the escritura (title) back to public records to pay all government fees prior to their final registration and all of this is done prior to you receiveing your fully registered title.

odwyerpw
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Ironman, or in Spanish,

¿Cuál es peor, la ignorancia o la apatía?

Yo no sé y no me importa.

bombero
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Bullshipper, Thank you, it is as I thought.

IronMan
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Bombero, I did not mean to make light of any individual issues, the phrase just seemed to fit the string of comments, however, untill you have had your boat sink, your house robbed by policia, and lost $150K on your "Mexico Home Investment", you're on the short side of "butt hurt" scale.  I did catch a lot of fish! ;)

Richard Baca
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No Frankie, in Mexico's "Restricted Zone" foreigners do not own "fee simple". The original Mexican seller selling to a foreigner transfers his/her the property rights to a Mexican Fiduciary Bank under a permit granted by the Foreign Relations office in Mexico City. The seller is the "trustor" and the bank, now owner of the property is the "trustee". The foreign buyer is the "beneficiary" of the trust. When the foreign "beneficiary" sells to another foreigner (as most SC transactions happen), the "beneficiary" signs a "letter of instructions" to the "trustee" fiduciary bank instructing said bank to transfer the trust to the new "beneficiary". All of this is done with a Mexican Notario and all usually with a hopefully reputable broker. Yes, a thorough title search is done, and in fact required each time a property changes "beneficiary(ies)" and a "Certificate of No Liens" is incorporated into the new trust or trust transfer. I hope this clarifies the process for those wanting to know.

By the way, one of the advantages of this bank trust system is the facility of naming ones "substitute beneficiaries" written into the trust. This allows the property to pass on to ones heirs tax free. Again, your broker should inform you of this and how it's done.

frankiej
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just to clarify and agree i stated "transferred fee simple"!
i have both;  title transferred fee simple to a trust and titles transferred fee simple to my "empressa"!

go directly to a notario, they charge you for services rendered!  some of the legal services charge you for services expected and don't deliver!

Last edited on Wed Nov 30th, 2016 10:53 am by frankiej

Richard Baca
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Remember everyone, in Mexicos's Restricted Zone only a Mexican person can have fee simple title to real estate. There are physical persons and there are "legal persons". An SA de CV or SA de RL (what we would call "incorporated") qualifies as a "legal person". That may be what Frankie is referring to as his "empressa" (sic). A non incorporated empresa cannot own fee simple title to real estate in Mexico.

frankiej
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si !!!!! Desarrollo Mitan S.A. de C.V.

Last edited on Thu Dec 1st, 2016 12:43 am by frankiej

frankiej
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i filled two 5 gallon classic "blitz" gas cans today.  the total on the gas pump was 40 liters 650 pesos.  i didn't know my gas cans held more than 5 gallons each?
40 liters = 10.56 gallons!



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