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The Gringo Gazette North is reborn
#11
(03-25-2014, 05:02 PM)Woooosh Wrote: That's the story I remember. Do you know the current status of that condo building?

Probably have to ask Rafael Muñoz.
Más vale pocos pelos, pero bien peinados.
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#12
That LA Times article was very interesting. Evidently they didn't like that lady telling it like it really is.

Those real estate hucksters are lying crooks. If you are an American and you can see the water from it, you DON'T own it.
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#13
The land issues in Baja California are layered like an onion. If you peel back one layer of corruption, you just find another layer beneath it. The story on La Jolla del Mar was told by Rafael Muñoz some time ago on BajaNomads. From memory it goes something like this.

Muñoz's mother, or perhaps his aunt, purchased a property called Playa Encantada, about 12 acres of shoreline back around 1960. At that time there were several ejidos in Rosarito that were formed from lands owned by the Machado's, who were early settlers in the area. After the Mexican Revolution in the period from around 1910 to 1920, all the privately held land in Mexico became property of the federal government of Mexico. This was done to break up the large land holdings and redistribute the land to the people. If one had a small land holding, it could be repurchased from the Mexican government for a few pesos and the owner was given a federal land title, which is the only land title recognized in Mexico. If your property does not have a federal land title on the bottom of the title chain, you don't really own it.

Ejido Mazatlan was formed in 1959 and given a lot of land along the coast in Rosarito. Playa Encantada was not a part of the ejido Mazatlan land, according to plat maps of the era. Later, ejido Mazatlan sued in federal agrarian court and claimed that Playa Encantada was a part of the ejido, and won. However the descendants of Munõz's mother (or aunt) went to court and got an amparo, which is an injunction stopping the takeover of the land. This was in litigation for more than 30 years.

Meanwhile, ejido Mazatlan sold the Playa Encantada land to a development company controlled by the Hugo Torres family, and they built La Jolla del Mar on it. I believe if you research the land title on La Jolla del Mar, you will find a transfer from ejido Mazatlan to the Torres group, but will not find a federal land title. The Torres group's claim to the property is no stronger than the ejido Mazatlan claim, and that is based upon some dubious legal shenanigans back in the 1960's. Muñoz has claimed all along that his family has a federal land title for Playa Encantada and the federal agrarian court, which gave the property to ejido Mazatlan was in error, or paid off or something like that.

By the way, ejidos do not get federal land titles to their land. Ejido land is owned by the federal government and the ejido members only have a right to use it. It is somewhat similar to an Indian tribal reservation in the United States, where title to the land is held in trust by the federal government.

That is the dirty little secret in Baja California. A lot of the land sold to gringos along the coast has no federal land title in the title chain. The notarios just rely upon the prior documentation and keep passing the problem down the line. And there is no real title insurance down there, in spite of what the developers tell the buyers. The title insurance policies sold to Americans who bought Mexican land only promise to "defend" them in court if the title is challenged. The title policies do not reimburse the buyers for the cost of the property. It is more like a prepaid legal defense contract.
Más vale pocos pelos, pero bien peinados.
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#14
Good summary Fulano. There is a group of Mexican engineers/architects that meet annually in Rosarito and this topic inevitably surfaces. One of the local pundits Gilberto Levenant made a presentation defending the way it was done and Raphael Munoz "corrected it" in red. The document lays out how the land parcel "El Rosario" came to be and the legal problems in how it was done. Very interesting. It is a large file, but I'll find the PDF version and send it to Fulano for posting. The strategy of Torres and his group has been to develop as much of that land as possible so the status quo becomes the logical solution. But that is not the correct legal solution that will resolve the matter and make Rosarito a safe place to invest.

As Fulano noted ALL land in Mexico is considered "National land" until it is paid for and transferred to the owner and a land title is issued. The ejido land was not originally intended to be private property. In the rush to distribute ejido land to the people a process called "virtual execution" was used where engineers brought their ejido paperwork to the airstrips where Mexican officials approved them and then flew off to the next location. The failure to physically inspect the ejidos boundaries and verify the surveys makes them invalid and many ejidos are now being challenged and nullified. What a mess for a generation of Mexicans who had felt secure, and for expats and investors who can lose their homes and property. The Ejido Mazatlan was one of the few who had their survey paperwork in order and the recent murder of Mayoral Arce in Rosarito was the result of him prosecuting a person who was re-selling ejido land outside of the law.

This is what a Mexican Land Title looks like (coincidentally it is one issued to Raphaels Munoz)

[Image: mexicxanlandtitle.png]

This is the stamped survey map of the land owned by "Rancho La Costa Azul" and the stamped payment reciept from the Secretaria of Agraria. Once this map was approved and payment accepted the financial transactin was completed and the National Land Title should have been issued. When Raphael released this on BajaNomads and TalkBaja two years ago- it was the first time it was ever made public:

[Image: Mappa_Rancho_la_Costa_Azul-1.jpg]

[Image: PICT5194-1.jpg]

Rancho La Costa Azul still claims ownership of this strip of land that goes from the CFE Power plant at the north end of Rosarito Beach all the way to the Popotla trailer park to the south- virtually the entire coastal strip of Rosarito. They have said they want to build the Rosarito Malecon (tourist boardwalk) and will work with existing land owners. I have not heard from Raphael since his cousin Daniel Chavira (Federal Zone court expert and lead engineer for the Malecon plans) was murdered in TJ last year. Last I heard he was lining up support at the presidential level becasue it takes political power to get this done, not legal. He joined several expat message boards in order to tie the failure of Mexico to act on the "Rancho La Costa Azul" and other pending cases- to foreign investment in Mexico. He feels until these matters are legally and correctly settled, no foreign investment is secure. And that is the way things stand today.

Here is a screenshot of the south section of the 2012 AutoCad plans for the Rosarito Malecon. If anyone is insterested I can send them the computer file for autocad viewing (you need the program or you can find a free viewer on line). The plans include off shore underwater surveys, layers of electrical and infrastructure needed, walkways, retail, children's pools, etc.

[Image: malecon4.png]
BajaNoMas= News, Facts, Stats, Videos, Pics and Links- because presenting the truth to the public is not a negative campaign "Decir la verdad no es ninguna campaña negra".
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#15
This whole "land ownership" issue has allowed many crooks to line their pockets. They still are lining their pockets. If people could just grasp what has been posted here by Fu and Woooosh. Na, that's way to easy. Better to listen to the land hucksters.

Cuntroy...now that is funny.
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#16
Someone should tell gringoes "Gato Construction" is probably available in Ensenada if wants to become a promoter. Ramey was a funny dude.
We have met the enemy and he is us. -  Pogo
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#17
Revising Article 27 to allow direct land ownership by foreigners would put an end to the shenanigans. If you don't see the national land title in the ownership chain, you aren't buying anything. Mexicans are worried (feigning outrage) their country would be bought out from under them, not comprehending that it already has. Even Texans are in on the action. Foreign investors aren't the only victims- as we have recently seen.

The internet provides information to investors today that did not exist in digital form five years ago. The smart ones are learning fast not to drink the Baja Image Committee cool aid. With great risks can come great financial rewards... or not.
BajaNoMas= News, Facts, Stats, Videos, Pics and Links- because presenting the truth to the public is not a negative campaign "Decir la verdad no es ninguna campaña negra".
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#18
I always said to my friends who are in an ejido that is selling lots to Canadians/Americans to build on that they were so lucky that their govt. gave them land to sell, while other Mexicans have nothing and got nothing. They give me a blank stare back.

30 some years ago I spent some time around this ejido and a man who had a store said to me "you seem to like it here, you should ask the ejido to give you a piece to build a place on." The other Mexican man standing next to me said "Better you should go fuck your mother." Mexican guy #1 was annoyed and I was a little bit shocked.
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#19
I'd like a copy of the AutoCAD file. I'm an AutoCAD user so I can take it as is. I also own a home on la fuente and would like to study the plans more closely. I wonder if it will ever get built in my life time. It would be good for the economy of Rosarito.

Here is a screenshot of the south section of the 2012 AutoCad plans for the Rosarito Malecon. If anyone is insterested I can send them the computer file for autocad viewing (you need the program or you can find a free viewer on line). The plans include off shore underwater surveys, layers of electrical and infrastructure needed, walkways, retail, children's pools, etc.

[Image: malecon4.png]
[/quote]
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#20
Of course the malecon will be Eco-friendly.

[Image: 2l8vz8g.png]
We have met the enemy and he is us. -  Pogo
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