She say's don't invest in Mexico...I say at least not like she did....

[lagrimas85]

She is blaming everybody but herself and Pelican Partners based in Seattle. this could happen anywhere even in the U.S. if construction bills aren't paid and you leave your property in the developers name for 6 years... The Mexican court did it's job and awarded the contractor and worker's that weren't paid, what they had coming.... http://www.phoenixnewtimes.com/news/rocky-point-condo-owner-fights-eviction-in-lien-battle-7336617 It's not Mexico that is the problem, its the crooks that sell and the buyers that trust them....For New Times to print this is really irresponsible reporting...This is also one reason AMPI, doesn't recommend private contracts, anything can happen...

 

[El Tiburon]

I read that and couldn't understand why she didn't get a trust in place once the condo was paid for. Given the size of that project and the money made by the developers I am surprised they haven't stepped forward and paid the money owed the workers to protect the condo buyers. The amount owed was less than a million dollars after the offset. I hope this gets resolved somehow short of folks losing their investments.

 

[lagrimas85]

I read that and couldn't understand why she didn't get a trust in place once the condo was paid for

. Given the size of that project and the money made by the developers I am surprised they haven't stepped forward and paid the money owed the workers to protect the condo buyers. The amount owed was less than a million dollars after the offset. I hope this gets resolved somehow short of folks losing their investments.

It was under 700k, and she alone paid them 350...The timing of the lien and the date of the purchase contract and where it was signed might help her in the U.S., but I think in Mexico its a done deal... unless the condo buyers settle, with the workers and the material supplier...If she had taken the time, to go to a notary and set up a trust, she wouldn't have this problem. The courts only care about the owner of record....

 

[Bob Oso]

"The courts only care about the owner of record..." Wasn't that the whole deal behind what happened to Mentiras y Traicion.

 

[jerry]

Why was hers taken rather than unsold condos or extra land...,seems very targeted....the other law suit might effect 11 condo owners ...why did they skate and she took the hit

 

[playaperro]

Why was hers taken rather than unsold condos or extra land...,seems very targeted....the other law suit might effect 11 condo owners ...why did they skate and she took the hit

From what i've read and you know the 50- 40- 30 rule, she put money down in 05 and the condo's were not move in ready till 09, so she was one of the first, no unsold condo's, it is the best condo project on S/B.

 

[Roberto]

Bare bone assessment, Lagrimas is correct. If some one owes you money you go to court to try to get a judgement against that party. A judgment merely says it is a valid debt but you have to collect the debt any legal way you can. If you find any assets in the name of the debtor you go after those assets to collect the money you are owed. File leins, etc. In this case they got a judgement in the US and found assets owned by the debtor (the condos still held in their name) and went after the assets in the Mexican court. Collection of the debt was probably more difficult than it would have been if the assets were in the US. Possible her name never came up in the colection proceedings. Seems to me she could have claimed an interest if she had a good attorney.

 

[dirtsurfer]

She is blaming everybody but herself and Pelican Partners based in Seattle. this could happen anywhere even in the U.S. if construction bills aren't paid and you leave your property in the developers name for 6 years... The Mexican court did it's job and awarded the contractor and worker's that weren't paid, what they had coming.... http://www.phoenixnewtimes.com/news/rocky-point-condo-owner-fights-eviction-in-lien-battle-7336617 It's not Mexico that is the problem, its the crooks that sell and the buyers that trust them....For New Times to print this is really irresponsible reporting...This is also one reason AMPI, doesn't recommend private contracts, anything can happen...

Wrong! No court in the U.S. would punish the third party like this. This is a complete miscarriage of justice. A judgement and confiscation of assets against the non-paying party should have happened, not asset confiscation of a third party buyer. Proper titling and title insurance should have sniffed this no -payment problem out. Lien releases should have been documented. Sad case. I agree with Jerry, why not award unsold condos instead of muddying up the water with sold condo owners. Who owns the project now? Why is New Times irresponsible? I think the article is great information for all potential buyers in Mexico. Mexico definitely needs to clean up its act with regards to titling properties, title insurance, liens and lien releases.

 

[lagrimas85]

"The courts only care about the owner of record..." Wasn't that the whole deal behind what happened to Mentiras y Traicion.

If I remember she won in court and then couldn't get him out...

 

[lagrimas85]

Wrong! No court in the U.S. would punish the third party like this. This is a complete miscarriage of justice. A judgement and confiscation of assets against the non-paying party should have happened, not asset confiscation of a third party buyer. Proper titling and title insurance should have sniffed this no -payment problem out. Lien releases should have been documented. Sad case. I agree with Jerry, why not award unsold condos instead of muddying up the water with sold condo owners. Who owns the project now? Why is New Times irresponsible? I think the article is great information for all potential buyers in Mexico. Mexico definitely needs to clean up its act with regards to titling properties, title insurance, liens and lien releases.

WRONG I as a lumber broker, dont get paid by the general contractor on a remodel and my paperwork is in order I can go after the third party (homeowner) and lien theyŕe house and someday get paid, by the third party...I have plenty of examples of that...About New Times, they only reported her side of the story... Her side is exactly what you shouldn't do...I agree with you about proper titling and title insurance sniffing it out, but apparently it never crossed her mind to do it..She took possession in 2009 and in 2014 noticed it was still in Pelicans name and a couple paragraphs earlier stated that she never attempted to get a trust, because she was waiting for pelican, so why would she act surprised in 2014 to see it still in theyŕe name...None of what she did makes any sense..If you think it does,then thats great too, I dont have a problem with that..P.S. why is it a great article for all potential buyers in Mexico? Everything was done wrong..One last note, I had a homeowner threaten to kill me when I notified him of a coming lien, because the contractor didnt pay me...But I got paid and by the 3rd party..

 

[jerry]

WRONG I as a lumber broker, dont get paid by the general contractor on a remodel and my paperwork is in order I can go after the third party (homeowner) and lien theyŕe house and someday get paid, by the third party...I have plenty of examples of that...About New Times, they only reported her side of the story... Her side is exactly what you shouldn't do...I agree with you about proper titling and title insurance sniffing it out, but apparently it never crossed her mind to do it..She took possession in 2009 and in 2014 noticed it was still in Pelicans name and a couple paragraphs earlier stated that she never attempted to get a trust, because she was waiting for pelican, so why would she act surprised in 2014 to see it still in theyŕe name...None of what she did makes any sense..If you think it does,then thats great too, I dont have a problem with that

I bet there are others in the same boat(she claims 3) and 11 lined up...she was constantly assured the paperwork is coming and all is well.A guy that lost all his money at Liberty Cove ended up hanging himself after finding out he was being lied to for years. A hitch hiker wondered why they didn't take one of the Macho Prieto units?

 

[lagrimas85]

Wrong! No court in the U.S. would punish the third party like this. This is a complete miscarriage of justice.

A judgement and confiscation of assets against the non-paying party should have happened, not asset confiscation of a third party buyer. Proper titling and title insurance should have sniffed this no -payment problem out. Lien releases should have been documented. Sad case. I agree with Jerry, why not award unsold condos instead of muddying up the water with sold condo owners. Who owns the project now? Why is New Times irresponsible? I think the article is great information for all potential buyers in Mexico. Mexico definitely needs to clean up its act with regards to titling properties, title insurance, liens and lien releases.

You are also missing the point here, without forming her trust, there is no legal record of the purchase by her, the court had no idea the condo was sold, they arent mind reader's , they aren't punishing anybody, there is no legal record in the registry of her buying the condo...

 

[jerry]

But who chose her place rather than giving the HOA a chance to divide the 600k among themselves and pay up.....if you live there can you pitch in so this lady does not carry you? I couldn't sleep myself

 

[brokenwave]

Gotto love these laws where the end customer is always left holding the bag for those higher in the peeking order.
Sounds like we are living in Roman times with different levels of importance.
What ever happened to doing the right thing?
Oh, Duh, I forgot, Greed and Power always gets in the way.
Time to get, Off my Soap Box. I feel better now.

 

[mexicoruss]

I have a safe full of judgments against people who owe me money. This is from the good ole USA. You pays your money you takes your chances......She did not do it correct. Many others have done the right thing and have no problems.......I won't plink 350k and not have papers to prove it....duh! Private contracts are suspect no matter where you do biz. She will be fine they won't evict but it will make sure that others will do things the right way...."oh we are in Mexico, there are no real rules" blah blah blah

 

[jerry]

I have a safe full of judgments against people who owe me money. This is from the good ole USA. You pays your money you takes your chances......She did not do it correct. Many others have done the right thing and have no problems.......I won't plink 350k and not have papers to prove it....duh! Private contracts are suspect no matter where you do biz. She will be fine they won't evict but it will make sure that others will do things the right way...."oh we are in Mexico, there are no real rules" blah blah blah

Russ,if Mexico was standing over your limbless torso wearing a hockey mask and reving her chain saw you would still give her a pass.What a screwed up country.,We let them buy the New York times and ever other condo in Aspen but when we want to buy a crappy beach house they get all crazy...then give us a bogus speeding ticket as we try to leave..

 

[mexicoruss]

Whatever Jerry, She spent 350k, never got her name on a title and she is crying foul? I know her, she is a sweet, no I mean a super sweet lady than Naomi and I adore. Blaming this on Mexico is a wrong course. The Jackasses are Americans and they should have to pay for this and they won't because their lawyers found an out for them. By the way I have no limbs and barely a torso so I take offense to your comment. She has a beef with the Seattle firm not Bella Sirena........but in the big picture she should have had the condo in her name like she would have done in the States not in a private contract like she had in Mexico to avoid those pesky taxes....

 

[joanC]

We asked our office's long time Attorney for an opinion on this situation so maybe we can learn something. Bill T. asked her to look at the posts on this site because it looked like someone might have some dependable info. She reported tonight around 630 and said she had reviewed the posts. She says she can't find one post here that is " valid or based on any real knowledge of law in USA or MX in the area of cross border money claims ". She says it's complicated and some treaties might be involved and "much beyond the education or comprehension of people posting things here that sound correct ". She mentioned things like claims in personam or in rem, jusidictioners, etc. If we have anyone on this forum with any real creds about all this, lots of us would like to hear from you.

 

[jerry]

Thanks Joan for pretty much nothing....

 

[lagrimas85]

[QUOT