| Rocky Point Exposed |
As posted on - EBAY El Golfo Beach front property for sale - Sea of Cortez Sonora, Mexico Make offer Beautiful beach frontage of 40 meters wide by approximately 189 meters long. Major street to the beach whole parcel. Clean legal title not currently being respected by locals or the State Government of Sonora. Criminals have thrown us off our land with Molotov cocktails and death threats and threats of use of machetes. More info can be had at www.elgolfonews.com if you can read Spanish you can read the Spanish version at ww.noticiaselgolfo.com, it is more up to date. Circuit Court of Appeals in the City of Caborca, Sonora Mexico just ruled that lower court was correct in denying us restitution of the land in question. Legal title does not guarantee the right of possession. Just the right of ownership, transfer and encumbrance. So if you do purchase this property, you will have every right to encumber, transfer and own just not physical use of the land because you too will be attacked as we were and the State of Sonora will allow it, especially if you are an American investor, for you have no rights in Mexico! Parcel had a block wall around the perimeter until it was knocked down (official position was that a hurricane hit it). The trailer on the property was also the victim of the same "hurricane" that attacked the block wall! Hurricanes don't hit in the Colorado River Delta. Some have inquired as to where the property is situated. Just follow the Colorado River into the Sea of Cortez and it's just a bit south on the Sonora side of the Sea of Cortez. Beautiful views, just 70 miles south of the border and 90 miles south of Yuma, Arizona. You too, can enjoy the same aggravation my family has had to endure over the past three and a half years. We have only spent $250,000 (American dollars) in the legal fight trying to recoup the land we own, but are not entitled to physically enjoy because criminals have the right to possess said property. This situation is a "social problem" and not a legal one! Oh, I almost forgot. If you are a resident of California, you can forget about help from the Governor because although he promotes investment in Mexico, he thinks that this is a Mexico problem and not a California problem. If you think you will get help from the American Consulate, FORGET about it! They too are not going to do a thing for you! So if you are brave enough to risk purchasing this property at a very discounted price you will have a multi million dollar view for just one million! The only American government agency looking into the raping of the American investors in Sonora, Mexico is Governor Janet Napolitano's administration, through the watchful eye of Sam the Commissioner of the Department of Real Estate for the Great State of Arizona! (The Commissioner of the Arizona Department of Real Estate, Sam Wercinski is gone. Governor Jan Brewer has not found a replacement). You too can enjoy being called a "Gringo illegally in Mexico!" Remember, a bad investment in America is better than a good investment in MEXICO! |
| Be Careful, Be Very Careful! |
| The information herein has been obtained from various sources and is not guaranteed by rockypointexposed.com. Prospective investors are advised to conduct their own investigation of the information contained herein before proceeding with any real estate investment in Rocky Point (Puerto Penasco). The information contained on this site is not legal advice. While the highest standards were used in compiling this information it should not be considered legal advice and all legal questions should be handled by appropriate representation. Copyright rockypointexposed.com. All rights reserved. Web Hosting by Yahoo! |
Visit www.rockypointexposed.com/blog to post a comment. |
| A Very Sad Tale of Real Estate Fraud in Sonora |
| American investors, if you think you are protected by bank trusts, titles, or any Mexican legal documents, you are deluding yourself. Any Mexican National can claim ownership of your property, your home, or your condo! Foreigners living in Mexico have no property rights or legal standing in a Mexican court ruling on a real estate case. |
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| El Golfo - Sea of Cortez, Sonora, Mexico |
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I would like to take this opportunity to share the good news that has come out of the Criminal Courthouse of San Luis
Rio Colorado, Sonora Mexico.
Many of you have been following our case dealing with our property in El Golfo de Santa Clara, Sonora. It was stolen,
and now, has been returned (well only about 75% of the parcel) because the justice finally showed its head!!!
We are waiting for the opposition previously known as the criminals, to decide if they are going to appeal the judges
decision to return our land to us. I have not posted the ruling on my blog, because the "opposition" lawyer has not been
officially served with the ruling.
It has been an extremely long and difficult endeavor trying to recoup our land. Not only has it (the fight) decimated my
life savings and taken me away from my kids it almost cost me my sanity!
It is almost over. We have a new hearing at the Agrarian court on Dec 4, we had previously won there. We are also
waiting for the ruling on the guilt or innocence of the criminals and the jail time if any; and I almost forgot, how much of
the $250K+ I have spent trying to get our land back from these hoodlums!
I share this information with you today, not as a bragging point for our personal gain but as a triumph for the justice
system and rule of law in the State of Sonora Mexico.
I know many of you are still embattled with the Sonora legal system; it is my sincere wishes to offer you HOPE and
moral support, as you too seek justice in Sonora Mexico!
The fight continues!
Pedro
Rio Colorado, Sonora Mexico.
Many of you have been following our case dealing with our property in El Golfo de Santa Clara, Sonora. It was stolen,
and now, has been returned (well only about 75% of the parcel) because the justice finally showed its head!!!
We are waiting for the opposition previously known as the criminals, to decide if they are going to appeal the judges
decision to return our land to us. I have not posted the ruling on my blog, because the "opposition" lawyer has not been
officially served with the ruling.
It has been an extremely long and difficult endeavor trying to recoup our land. Not only has it (the fight) decimated my
life savings and taken me away from my kids it almost cost me my sanity!
It is almost over. We have a new hearing at the Agrarian court on Dec 4, we had previously won there. We are also
waiting for the ruling on the guilt or innocence of the criminals and the jail time if any; and I almost forgot, how much of
the $250K+ I have spent trying to get our land back from these hoodlums!
I share this information with you today, not as a bragging point for our personal gain but as a triumph for the justice
system and rule of law in the State of Sonora Mexico.
I know many of you are still embattled with the Sonora legal system; it is my sincere wishes to offer you HOPE and
moral support, as you too seek justice in Sonora Mexico!
The fight continues!
Pedro
| First the good news November 11, 2008 |
Hi guys
I might have been a bit premature to state that my case was over. The executive branch, specifically "gobernacion" is
meddling in my case at the courthouse in San Luis! They are not happy about the judicial branch ordering the return of
our land. A little birdie had told me about this move on Tuesday ( I didn't believe them) but then they showed up today
scrutinizing my penal case taking copious notes.
The opposition lawyer is hiding so as to NOT to be "officially" served with the resolution buying more time for the state
to interfere and derail my case. If I wasn't experiencing this first hand I wouldn't believe it!
Well believe it!
Pedro
I might have been a bit premature to state that my case was over. The executive branch, specifically "gobernacion" is
meddling in my case at the courthouse in San Luis! They are not happy about the judicial branch ordering the return of
our land. A little birdie had told me about this move on Tuesday ( I didn't believe them) but then they showed up today
scrutinizing my penal case taking copious notes.
The opposition lawyer is hiding so as to NOT to be "officially" served with the resolution buying more time for the state
to interfere and derail my case. If I wasn't experiencing this first hand I wouldn't believe it!
Well believe it!
Pedro
| And now the bad news November 15, 2008 |
| And now the really bad news Feb. 19, 2009 |
With all the violence reported recently in Baja California now comes the eviction of over 100 American families from
Rancho Ensenada Community Park on the Bay of Todos Santos.
The 100 families have become a pawn in a legal battle between Mexico’s third largest selling Tequilla Distillory and the
famous name of Hussong. Since 1962, the land in question has been managed by the Walter Hussong family and an
agreement with the Oredain family, the owners of the property. Through several generations, all seemed well. However,
recently the Orendain family sued the Hussong entity to dissolve the alleged lifelong management agreement. The
Orendain Corporation won its victory in court just last week, when a Mexican court ruled the Hussong family must return
management rights to the corporation.
Residents of Rancho Ensenada, some who have lived there thirty years (30) have an existing 10 year lease with the
current management company. These homes are not just trailers like the ones established in 1962. These are mobile
homes with casitas attached. Some are two stories measuring two thousand square feet with all the amentities of a gated
retirement community. Residents pay for yearly home and car insurance, many have FM-3 residency cards.
For the past twelve months, the Orendain attorneys have met with the home owners, indicating they would be willing to
renegotiate contracts with them once the court decision was made in their favor. Now comes an announcement that the
Orendain corporation, victorious in its court battle, has actually sold the land to the state of Baja for an undisclosed
amount of money. The state wants the land to extend a highway along the beach to alleviate heavy truck traffic though
downtown Ensenada.
Residents were informed last night, Wednesday, they have until February 23, next Monday to get out, evicted by the state
of Baja. No compensation, no extension of time. Attorneys representing the home owners say the current lease is a
binding agreement but the state has refused to acknowledge those documents. The State has refused to even talk with
the residents or their attorneys. Orendain attorneys are no where to be found.
Residents stand to lose their homes not to mention thousands of dollars in household goods, appliances and furniture. If
the state of Baja is concerned about recent negative publicity involving murder, beheadings, kidnapping, and extortion,
they only have to look in its own backyard policies of greed and total disregard to residing Americans. The residents are
pleading with the US consulate in Tijuana for intervention, anything to gain time so they can pack up and leave in a timely
manner.
| Americans should never buy real estate in Mexico! |
| BREAKING! Baja State Govt. to Evict 100 Americans from their Homes Monday !! |
San Diego — Stephen and Linda Drake cast aside concerns about owning property in Mexico because they believed in
Donald Trump. The Southern California couple made a $250,000 down payment on a 19th-floor oceanfront condo in
Trump Ocean Resort Baja in 2006 before the first construction crew arrived.
But admiration for the celebrity developer and star of "The Apprentice" has now turned into anger and disbelief as Trump's
luxury hotel-condo plan collapsed, leaving little more than a hole in the ground and investors out of their deposits, which
totaled $32.2 million. "I can't even stand to see Trump's face on TV," said Linda Drake, a psychologist whose husband is a
commercial airline pilot and financial advisor.
Investors were told last month that their money was spent and that they wouldn't get a penny back. A single mother in
suburban Los Angeles lost $200,000 and won't be able to send her sons to private universities. A Los Angeles-area
businessman lost a deposit of more than $1 million on four Trump units, including two penthouses.
The project's collapse comes at a delicate time for Trump, whose casino company, Trump Entertainment Resorts Inc., filed
for bankruptcy protection last month. He also is embroiled in a lawsuit to avoid paying debt on the struggling Trump
International Hotel and Tower in Chicago.
Trump and his children heavily promoted the northern tip of Mexico's Baja California coast. He sold 188 units for $122
million the first day they went on a sale at a lavish event in a downtown San Diego hotel in December 2006. "I went out and
saw this site, and I was blown away by it," Ivanka Trump said in June 2007. "From the minute I saw it, it was a deal I had to
do." The location was a contrast to more-expensive Mexican coastal markets such as Puerto Vallarta, Los Cabos and
Cancun, she said.
The Trumps remained buoyant even as the U.S. housing market began to crumble. Ivanka Trump assured buyers in an
October 2007 newsletter that all Trump projects were immune to a slowdown. "In characteristic Trump fashion, Trump
Ocean Resort Baja will be the best of the best, and consequently always in demand," she wrote.
All that remains of Trump Baja is a highway billboard with a large photo of Donald Trump that advertises condos for sale. It
hovers over a closed sales center and showroom, a paved parking lot, a big hole that cuts a wide swath, drainage pipes
and construction equipment.
The failure of Trump Baja is a big blow to a real estate market just south of the border from San Diego that was booming
two years ago with U.S. buyers looking for second homes and easy profits but is now similarly swooning. The market has
been hammered by Mexico's drug-fueled violence and the global economic crisis.
Other developers completed big projects nearby in recent years and the area remains home to thousands of Americans,
but the cliff-lined coast is pocked with partially built towers. The steel frame of one oceanfront high-rise is rusting, with air
ducts hanging from one floor and an idled crane out front. A wind-tattered sales sign hangs outside twin towers nearby --
one that appears almost complete and the other a much shorter steel skeleton.
Trump Baja demanded about 30% down for units that sold from less than $300,000 to $3 million, buyers said. Deposits on
abandoned projects are also at risk in the U.S., even in states like California that prohibit developers from spending the
money on construction, lawyers say. The risk may be higher in Mexico because consumer protection laws are generally
weak. "The bottom line in Mexico is caveat emptor -- buyer beware," said Art Spaulding, an Irvine real estate attorney who
does business south of the border.
Trump's condos went on sale when Southern California home prices were near their peak, offering a lower-cost alternative
in the Mexican border city of Tijuana. Trump Organization teamed up with Los Angeles developer Irongate Capital
Partners, the partnership behind Trump International Hotel and Tower Waikiki in Honolulu.
Guadalupe Mendoza, 47, paid a $200,000 deposit at the first-day sale in San Diego, refinancing her Downey home and
getting a loan from a sister. She watched a giant screen show units getting snapped up. After signing papers, buyers were
ushered to a buffet of sirloin tip and fish tacos. Cheers erupted in the hotel ballroom for each new owner.
"I did it in less than a minute," said Mendoza, an administrator in the Los Angeles County Office of Education. "I remember
my head was hurting and thinking, 'My God, what was that?' I was thinking maybe I should have asked questions. It was
like a roller-coaster ride."
Buyers pressed for updates as construction fell behind schedule. They got a bombshell letter in December that said
negotiations for a construction loan from German bank WestLB had collapsed and Trump Baja had only $556,000 left. It
quoted a contract clause that gave the developer a right to spend their deposits.
Another letter came in January that said Trump was removing his name. A Feb. 16 letter from a Mexican entity, PB
Impulsores, said the project was scrapped "given the extreme dislocation of the financial markets." It said there was no
money left to refund deposits. The December letter said Trump was not an investor, but buyers said they were sold on his
imprimatur.
"We thought of Donald Trump," Linda Drake said. "If Donald Trump was behind it, it was going to work. . . . I am
embarrassed to tell people we got caught up in this."
Ivanka Trump said in 2007 that her father "is the boss" when asked about his role in the project. "He is involved in every
capacity," she said. In response to a request to interview Donald and Ivanka Trump, Trump Organization issued a
statement that said its partner violated an agreement to license the Trump name, missing deadlines to obtain financing and
begin construction.
Timothy Hughes, an attorney for Irongate, said the project "will not be going forward" but declined to answer questions.
One buyer sued Trump and Irongate in Los Angeles County Superior Court last month, and more litigation is expected.
"They put their trust in this project and feel betrayed," said Bart Ring, a Woodland Hills attorney who says he represents
about 75 buyers who haven't sued. Homeowners and brokers in Baja welcomed the publicity and higher prices that Trump
brought. Now they wish he'd never come. "It was a two-edged sword that's cutting the wrong way," broker Brian Flock said.
"Everybody is shellshocked. I call it post-Trump syndrome."
| And now the really, really bad news March 7, 2009 |
"A bad investment in US real estate is better than a good investment in Mexican real estate." An American investor who has lost thousands of dollars |
NIGHTMARE The Arizona Republic http://www.azcentral.com/arizonarepublic/news/articles/2009/04/09/20090409elgolfo.html |
| "If there's anyone to be held responsible, it's the Mexican government. they know what's going on, and they won't do anything about it." Glenn Taylor - Developer |
| A final piece of advice |