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La Esmeralda Fraud in Rosarito and Diane Gibbs
#11
Fight as long as you feel good about it but stop before it eats you up. If you have north of border values you will never understand these people and their lack of remorse, shame or guilt. They believe it is their right to steal from us. Rafael Munoz is the expert on land title issues for Baja and knows the current status of most every fraud. Tell him who you are and what your problem is and if this case is on his radar- he'll let you know what to do. You are named in the lawsuit, so he'll be curious at the very least to hear your story. (I do know he is in eastern Europe this week, so give him some time to respond). Please copy what you write here for us, Raphael won't mind. He posts these cases word for word on forums from his e-mails because land title fraud is a huge problem here and he is trying to educate as many people as possible about it. He also posts on BajaNomads on a real estate advice thread- so post it there too, Fulano won't mind. http://forums.bajanomad.com/viewthread.p...#pid650733
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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#12
Dawn posted her question to Raphael:

I’ll try to sum this up the best I can…. We were sold ocean front lots in Esmeralda back in Feb of 2006.
Gibbs our real estate agent lured us by giving us false information.
The developers, Forteleza, (legal representative, Alessandro Bellomusto), do have title to the property
but never had the permits to build nor divide the lots as Gibbs said.
Our monies were quickly deposited in a US bank then wire transferred to another.

The same day that Forteleza registered the property, Jan. 2007, a lien was slapped on it for 1.8 million.
We think it was self-inflicted because the lien holder, Jamie Castro Parra is connected with Alessandro.

Three of us had filed criminal law suits and did have convictions, but were over turned because the courts based the statute of limitations on the date of the contract signing, and not on when the land was promised to us. (18 months later)
When we brought all this to the attention of Mayor Hugo Torres, he agreed this was fraudulent and filed a criminal suit against these parties on behalf of the City of Rosarito.
That was last July and the suit has sat stagnant with the criminals doing business as usual.

When the new Mayor took office, we had another meeting when he stated that the case would be pursued. It appears it isn’t.

The reason we have been trying to work with the city is that Alessandro has listed false addresses and cannot be served.
The office address, next to Dianne Gibbs office has been boarded up for years.
We have since gotten permission from the courts to serve him personally but we only get a short window of time with the court clerks.
They go to the Dental office he owns in TJ and he runs inside and hides and the clerks can’t pursue.

Our goal is to serve and get a lien on the property. We have listed other properties he owns on our law suits but he is a master
At not registering them-perhaps with help from the notarios.

We had 2 previous attorneys, one corrupt and one inept and now we have someone we really trust who is working on contingency and
Basic expenses. She is new but is partners with someone who has been in business for 20 yrs. and advises her.

What do you think?

--------------------------------------------------------------------------------------------
Raphael's reply:

Ok, As you say, he has title to the land and I am sure he doesn’t, at least a legal one; he may have one illegal registered and appear as legal, but it is not.
The one behind all those frauds and the one who cover them up is Hugo Torres Chavert so do not trust him or any Rosarito major that must be related to him and all of them are because that is why he pursue the political posts, to be able to control this part of the business.

The importance of the fact that they have no title, is because they are over a national land declaration, 1952 global national land declaration published November 7, 1952 on the official newspaper; that mean that that land is National land and in a legal consequence, you have been the victim of Federal fraud together with the nation and because of that, the federal police and federal courts have jurisdiction; that mean you have to file a federal criminal case against those people arguing that the nation is also a victim on this fraud.
Please before you file it, send me copy of the writing your attorney is going to make to give you last minute suggestions and or directions and suggestions.
The Federal Police is a different animal to deal with, it will not be that easy for him to avoid them and when they catch him, he will not be able to go out, because it is a heavy federal crime and at this time it is becoming a national priority to deal with all those crooks exactly as with the drugs because all those developments have been built with drug money.
The New Regional director for the Federal Police is a friend of mine and he made the investigation to that kind of frauds starting 4 years ago, also I provided the Federal Police and Military Federal Police with all the elements to be able to prosecute this kind of cases and you will find that they know a lot about that kind of problems.

On the business side, since it is national land, you can own it only through a fideicomiso and a Mexican must own that land first, so get a Mexican national who enjoy your confidence and make a claim to the whole property on his name ( I can tell you how, don’t worry), making a contract with him to obligate him give you the land in fideicomiso after he get the national land title; that way, you will get the highest right over the whole lot and even if you spend more money, you will be making a legal business that will give you a big return on your investment. This will be in a short time the way to correct all the Rosarito land problems.
If you do not do this, you can be sure, you will lose your money after going in to big expenses in trying to get your money back the way you are doing it, because the crooks dominate the whole local legal process, to catch them, it is only possible on the federal level.
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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#13
That seems to be an avenue to pursue given that she has a lawyer on contingency at this point.
A (REALLY) LITTLE tiny LEBANESE PRICK PRETENDING HE IS A MEXICAN SPIC...Thats our Jihad e Salman shrimp Dodgy
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#14
Raphael knows from personal experience what to do. He's a layer and engineer and this is his area of expertise. Glad he chimed in. Getting this type advice for free in Mexico is pretty darned rare- especially from a Mexican legal expert. He has tried to win these type fights in the past and the politics were stacked against him until only recently. Now that he has spun his fight to be "protecting US and Canadian investors from land title fraud"- he is making good progress because there are over 70 abandoned real estate projects in the TJ-Rosarito corridor. It's a win-win. Raphael knows the real estate laws and he starts his challenges with stating the exact laws and how they were not followed. All you need is an honest judge to hear it and a political party that won't interfere. Yup, that's why he had been stuck for so long. Now that it is packaged as economic growth in Baja through honest real estate development, he is gaining traction.
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
Dawn's only real chance is to pursue her lawsuit in California courts and hope Bellomusto has some assets in the US. Fulano has been working on this in the background and found that he owns a home in Chula Vista, but transferred it to his wife, Lidia. Dawn is also pursuing Diane Gibbs. Nothing will come of the Mexican lawsuits. They're criminal complaints. I'm not sure what good a lien on the Esmeralda property is, since Rafael says the title is defective anyway.
Más vale pocos pelos, pero bien peinados.
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#16
Dawn, please be careful. My brother was murdered in Mexico not long ago. Not because of real estate fraud or anything. It was just a mugging where they hit him too hard and he died.

But Justice is an elusive concept. Especially in mexico. If you are alive, maybe that is enough.

Wishing you love and kindness and peace.. And safety most of all.
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#17
"Now that it is packaged as economic growth in Baja through honest real estate development, he is gaining traction."

Really good news.. glad he/you have been making some progress... been a ways.. .from Turtle Soup to the "real" topic ... following existing "laws" as they related to real estate transactions.. and the proper due diligence.. required by the "individual".. when in Baja.. purchasing real estate...
Suicide Hot line, Pete here, please hold
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#18
I don't think Raphael has considered the legal options for this fraud stateside. It isn't what he does. That was a very good observation and it does make sense for Dawn to take a parallel approach. Why 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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#19
How does one get lies posted about a person on google off of Google?

This is good for a laugh:

Read this exchange.

Now, try to guess who asked the question. Here are three choices:

1. Diane Gibbs
2. Diane Gibbs
3. Diane Gibbs
Más vale pocos pelos, pero bien peinados.
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#20
Well, THAT was an interesting exchange. I hope Dawn keeps fighting hard. The election Sunday changed the momentum for the real estate crooks- big time. That's a 180 degree shift from previous support of the local Torres Fiefdom.

The new Mayor of Rosarito lives ten houses away from us and knows exactly how long Tila has been in that house. He wants the streets parallel to the beach opened while Gustavo Torres kept them closed. When Abarca was mayor the first time- be did the right things, which is why the people were happy to re-elect him. He knows how to balance helping the elderly and poor with priming the economic pumps. I doubt the current police chief Trenti, who failed his confidence tests and is responsible for the 89% increase in Rosarito Beach homicide this year- will last long.
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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