This doesn't help tourism!

[lobonegro]

A short rant about my real estate nightmare.

My family has been coming to mexico for years, renting vrbos on beaches from encanto to miramar. all wonderful trips. 2 years ago, we took our retirement savings and jumped at the chance to chase a long time dream to buy a beachfront property. Using an experienced local realtor, we made an offer on a beachfront home that needed some TLC to bring it back to its former glory. Our realtor used an experienced real estate attorney to close the sale... Everything was completed as required by current Mexico law, specifically the transaction included each of the following components

Trustee Bank
Fideicomiso
Escritura
Public Registry number:
Special Trustee Representative:
Fideicomiso Beneficiary:

These are all notarized, stamped, recorded and filed.

a few weeks after completing the sale, a local contractor that I know began some plumbing and roofing repairs. He called to say he was being blocked out on the main road at a guard shack by a local person. This is when I first heard of Omar Saenz. In addition to blocking me, my contractor, and our realtor, He gathered any signs our realtor had on other properties and threw them out in the desert. Assuming this must be a simple misunderstanding, I reached out to our realtor to clear it up. A few days later, I received a call from Omar asking to meet. I live northeast of Tucson. We agreed to meet in Benson Az. At this meeting, Omar and his brother informed me and my wife that if we wanted access to our property, he would sell it to us for $100,000 us dollars. Confused, we explained we had just bought it and that our bank trust has the title, we are the beneficiaries through our LLC, to which he stated that he owns the entire beach, and no sales are valid unless he approves them.
Walking away from this meeting confused, thinking either we were duped in the sale or trying to be duped by Omar. I hired a separate attorney to independently review the entire history of the property and deed. After several thousands of dollars, all records confirmed that everything was done correctly. This was in the summer/fall of 2019. These findings were taken to city hall and the administration at the time, declined to intervene to help me access my property. My materials disappeared from the home and no work could proceed as we are still physically being blocked from accessing the property. Now Omar is head of the tourism department in RP
I have come to discover that there are many active lawsuits against Omar Saenz for similar behavior... All slowly dragging along through the courts.
Approx 2 weeks ago, Omar saenz demolished my house to the ground! completely destroyed. My retirement savings hauled away in a dump truck. And to find out that the new mayor appointed this guy as head of tourism?!! Seems too ridiculous to believe. It's beyond brazen...I know quite a few people that were looking at property/ condos and houses in rocky point. My experience has them all putting this on hold. My friends and I take a lot of hard earned dollars to the restaurants and shops and tradesmen of rocky point, and its the citizens of RP that lose out when the city lets things like this go unanswered.

Maybe someone has some advice...thoughts...can commiserate.
Otherwise, thanks for giving me a few minutes to vent

 

[Jungle Jim]

Some guy named Federico sold me two hundred dollars worth of rotten shrimp a few years ago.

Didn't realize that our good "buddy" screwed us until got back home to vac pak them.

Who ya gonna call??

Buenas Suerte es Mehico!

JJ

 

[playaperro]

Unfortunately playa dorado has been under a title dispute for many years and should of been disclosed to you before you bought, only recourse would be to go after Real Estate agent and his company for damages.
Search North Beach and maybe some other people that lost money out there will chime in.
JJ just an ass looking for attention on here.

 

[dirtsurfer]

A short rant about my real estate nightmare.

My family has been coming to mexico for years, renting vrbos on beaches from encanto to miramar. all wonderful trips. 2 years ago, we took our retirement savings and jumped at the chance to chase a long time dream to buy a beachfront property. Using an experienced local realtor, we made an offer on a beachfront home that needed some TLC to bring it back to its former glory. Our realtor used an experienced real estate attorney to close the sale... Everything was completed as required by current Mexico law, specifically the transaction included each of the following components

Trustee Bank
Fideicomiso
Escritura
Public Registry number:
Special Trustee Representative:
Fideicomiso Beneficiary:

These are all notarized, stamped, recorded and filed.

a few weeks after completing the sale, a local contractor that I know began some plumbing and roofing repairs. He called to say he was being blocked out on the main road at a guard shack by a local person. This is when I first heard of Omar Saenz. In addition to blocking me, my contractor, and our realtor, He gathered any signs our realtor had on other properties and threw them out in the desert. Assuming this must be a simple misunderstanding, I reached out to our realtor to clear it up. A few days later, I received a call from Omar asking to meet. I live northeast of Tucson. We agreed to meet in Benson Az. At this meeting, Omar and his brother informed me and my wife that if we wanted access to our property, he would sell it to us for $100,000 us dollars. Confused, we explained we had just bought it and that our bank trust has the title, we are the beneficiaries through our LLC, to which he stated that he owns the entire beach, and no sales are valid unless he approves them.
Walking away from this meeting confused, thinking either we were duped in the sale or trying to be duped by Omar. I hired a separate attorney to independently review the entire history of the property and deed. After several thousands of dollars, all records confirmed that everything was done correctly. This was in the summer/fall of 2019. These findings were taken to city hall and the administration at the time, declined to intervene to help me access my property. My materials disappeared from the home and no work could proceed as we are still physically being blocked from accessing the property. Now Omar is head of the tourism department in RP
I have come to discover that there are many active lawsuits against Omar Saenz for similar behavior... All slowly dragging along through the courts.
Approx 2 weeks ago, Omar saenz demolished my house to the ground! completely destroyed. My retirement savings hauled away in a dump truck. And to find out that the new mayor appointed this guy as head of tourism?!! Seems too ridiculous to believe. It's beyond brazen...I know quite a few people that were looking at property/ condos and houses in rocky point. My experience has them all putting this on hold. My friends and I take a lot of hard earned dollars to the restaurants and shops and tradesmen of rocky point, and its the citizens of RP that lose out when the city lets things like this go unanswered.

Maybe someone has some advice...thoughts...can commiserate.
Otherwise, thanks for giving me a few minutes to vent

I would go after the Real estate Agent and anyone else involved in the transaction-immediately.

 

[Bob Oso]

Man, I hate to hear stories like this. I agree with going after the real estate agent. But what I wouldn't do, is file or began any proceedings in RP. I think I'd probably start looking for representation out of Hermosillo, maybe even Guaymas. Probably be a good idea to keep any more mentioning of this on the D.L. until you have a better idea where it's going.

 

[Idyllwild]

I know a dual citizen with a less severe but similar problem involving unimproved land in another development. He decided that getting an attorney out of San Luis Rio Colorado might move him forward, but a local attorney wasn’t a good plan.

 

[fatboyharley]

you mightconsider calling Randall Lindsey of Torres Lindsey PLC. Lincensed in US and Mexico Located in Scottsdale Offices in Monterry Mexico city guadalajara and Phoenix Not cheap but good. 480 940 6101

 

[playaperro]

There’s a place on Fremont where you pay your bank trust due’s, they are knowledgeable and can look up any bank trust paper work and can assist you getting the right lawyer to go before the system.
They have the information that goes back before Omar winning the beach case.
If you got ripped they will help unlike before.

 

[Idyllwild]

There’s a place on Fremont where you pay your bank trust due’s, they are knowledgeable and can look up any bank trust paper work and can assist you getting the right lawyer to go before the system.
They have the information that goes back before Omar winning the beach case.
If you got ripped they will help unlike before.

It’s upstairs in the building immediately adjacent to Chef Mickey’s.

 

[rplarry]

A short rant about my real estate nightmare.

My family has been coming to mexico for years, renting vrbos on beaches from encanto to miramar. all wonderful trips. 2 years ago, we took our retirement savings and jumped at the chance to chase a long time dream to buy a beachfront property. Using an experienced local realtor, we made an offer on a beachfront home that needed some TLC to bring it back to its former glory. Our realtor used an experienced real estate attorney to close the sale... Everything was completed as required by current Mexico law, specifically the transaction included each of the following components

Trustee Bank
Fideicomiso
Escritura
Public Registry number:
Special Trustee Representative:
Fideicomiso Beneficiary:

These are all notarized, stamped, recorded and filed.

a few weeks after completing the sale, a local contractor that I know began some plumbing and roofing repairs. He called to say he was being blocked out on the main road at a guard shack by a local person. This is when I first heard of Omar Saenz. In addition to blocking me, my contractor, and our realtor, He gathered any signs our realtor had on other properties and threw them out in the desert. Assuming this must be a simple misunderstanding, I reached out to our realtor to clear it up. A few days later, I received a call from Omar asking to meet. I live northeast of Tucson. We agreed to meet in Benson Az. At this meeting, Omar and his brother informed me and my wife that if we wanted access to our property, he would sell it to us for $100,000 us dollars. Confused, we explained we had just bought it and that our bank trust has the title, we are the beneficiaries through our LLC, to which he stated that he owns the entire beach, and no sales are valid unless he approves them.
Walking away from this meeting confused, thinking either we were duped in the sale or trying to be duped by Omar. I hired a separate attorney to independently review the entire history of the property and deed. After several thousands of dollars, all records confirmed that everything was done correctly. This was in the summer/fall of 2019. These findings were taken to city hall and the administration at the time, declined to intervene to help me access my property. My materials disappeared from the home and no work could proceed as we are still physically being blocked from accessing the property. Now Omar is head of the tourism department in RP
I have come to discover that there are many active lawsuits against Omar Saenz for similar behavior... All slowly dragging along through the courts.
Approx 2 weeks ago, Omar saenz demolished my house to the ground! completely destroyed. My retirement savings hauled away in a dump truck. And to find out that the new mayor appointed this guy as head of tourism?!! Seems too ridiculous to believe. It's beyond brazen...I know quite a few people that were looking at property/ condos and houses in rocky point. My experience has them all putting this on hold. My friends and I take a lot of hard earned dollars to the restaurants and shops and tradesmen of rocky point, and its the citizens of RP that lose out when the city lets things like this go unanswered.

Maybe someone has some advice...thoughts...can commiserate.
Otherwise, thanks for giving me a few minutes to vent

In the “general” section on the forum, there is a subject line of “Tijuana flights”. That Omar dude is interviewed in the video by the podcast host, as he gets off the first flight from Tijuana.

Feel bad for your plight. I know many of people who have had these experiences and they absolutely loved the beach, loved Rocky Point, loved the people , and they built up a distain that doesn’t allow them to ever come back.

 

[Old55]

I would go after the Real estate Agent and anyone else involved in the transaction-immediately.

Yep, everyone new about North Beach /Dorado…everyone….

 

[Old55]

perro

There’s a place on Fremont where you pay your bank trust due’s, they are knowledgeable and can look up any bank trust paper work and can assist you getting the right lawyer to go before the system.
They have the information that goes back before Omar winning the beach case.
If you got ripped they will help unlike before.

Hey. brother! You warned people off this shit show 14 years ago…wonder wher the Martins are now? Perro lays it out :
“i remember pulling in to Penasco about 10 years ago and Omar Saenz was handing out fliers with it saying North Beach was No Beach. He hired kids to hand them out, North Beach was owned by a
ranching family, They did not care about the beach because of the salt water. To make a long story short. The martins scamed the owners took their land but they did not own the beach.
They sold the beach that they did not own to other scamers and the pyramid started. The Martins
are in spain. Just my 2 cents.”

 

[Old55]

From RockyPoint Exposed …2008 “
My wife and I are residents of Playa Dorada,
Playa Dorada was the first attempt by the Grijalva's to develop their property dating back to 1991. Many Americans signed lease contracts with the Grijalvas' with the promise that the lease contracts would be converted to Bank Trusts.Their agents, Mr. Paco Meza or Omar Saenz contracted and built houses along the beachfront for the Americans. Things were beautiful until North Beach (Juan Luis Martin Reyes) arrived on the scene. To set some facts straight, the Grijalva's are the owners of the property. They entered into a contract with Juan Luis Martin to create the company Playa Norte. The Grijalvas used their property as their investment in the company and became the 51% major shareholders and the primary signers for the company, The property was placed in Trust with Bancrecer, with the Grijava's being the primary signers. Mr. Martin held 49% in the agreement and his obligations were clear. #1. Deposit several million dollars in the Trust account to be used for installation of infrastructure.( The money has never been put into the account. There is no record of any deposit.) # 2. His obligation was for construction of the streets, installation of water, sewer and electricity (utilities), which do not exist. #3. It was also his obligation to acquire all the necessary licenses and permits from the State of Sonora and the City of Puerto Penasco for the Development. Needless to say there are no approved subdivision plans or permits in the North Beach Development with the exception of Las Gardinas. North Beach never had a license to sell property, only to develop. This can be verified by logging on to the website of Increson or the public registry in the State of Sonora. There is a list of developments and it shows the licenses and permits that were granted by the state. For all the people who have been the victims of fraud at North Beach, understand that the Grijalva's have been the victims of fraud as well, by the same person or people as you. They had no choice but to file litigation against their partner to protect their property and their investment. Their mistake was that they gave Juan Luis a power of attorney and dominion over the property and made him the CEO of Playa Norte. The rest is history as you know it. This is a very complicated situation because these people are sophisticated criminals who use the law to protect themselves while conducting illegal activities. As you know, this includes American developers and attorneys as well, who continue to try and convince unsuspecting American investor's that all is well, when we all know that it is not.

 

[Idyllwild]

The Arizona Daily Sun had an article referencing the Playa Dorado dispute in 2001.

U.S., Mexico, scrutinize land sales in Mexican resort community

TUCSON — The unauthorized sale of vacation-home property in Puerto Penasco, Mexico, has driven government officials in Mexico and Arizona to start scrutinizing the fast-growing industry and those who run

azdailysun.com

 

[lobonegro]

Thank you everyone for your insights and recommendations, very much appreciated. Since the first roadblock (literally) to moving into this house, it has been disappointingly insightful to try and peel back the layers of bad history. . It is frustrating to double and triple check the bank trusts, deeds, titles, and all other notarized documents for the property, to then get blindsided by a landgrab / decades old dispute that seems like will never end. As a side note, Researching the beach case that the Saenz did win...our property was not part of any of the prior disputes or litigation, its in a section completely removed from the disputed property. Still loving mexico regardless (most days)

 

[Old55]

Omars brother responded after I reposted this on another forum….everyone wants to know who the “ real estatecprofessionals” were that didnt warn you away from this know minefield. “
Samuel Saenz
I am writing this on my behalf, as well as my brother’s Omar. I wish I had the space and time to answer all doubts and concerns but we would not get anywhere. First, You and I don’t know mexican laws to the depth of understanding them and give a fair opinion in here. Mostly, we gossip. Sometimes gossip needs facts to become a good and fair discussion.
We started working at Playa Dorada in 1992. The first 2 homes, were built by Obed Saenz in 1993, I alone, started building 4 homes in 1994 as a foreman for Omar Saenz, from the first 4 came others, including the set of 10 condo units in there. All built by the Saenz and Paco Meza, also a builder in Playa Dorada,
I can name house and owner, one by one.
That said, you can trust that I know some facts about the area.
Around 1998 the ownership of the land was being disputed. One side, the North Beach trust, which was established by Spanish investors and the Grijalva Brothers, they went to court against Omar Saenz. No American party had legally owned property at Playa Dorada at this time. ( be it on paper ) They all had a lease agreement. At this time, to be recognized as owners, the americans sued both parties, Omar and the North Beach Trust.
After some months of litigation, they all negotiated with North Beach and took the bank trust that it offered, and forgot about Omar Saenz. However, the court ruled in favor of Omar Saenz in 2005, stating that his title was genuine and his possession of the land gave him the rightful ownership. But due to the multiple options that the Mexican courts allow North Beach dragged the optional suits for another 12 years. After such time, To some homeowners disappointment, The Court stated, (I am not quoting) The North beach trust is a real trust with a different location, their property is behind the sand dune, from Luna Blanca, all the way to Los Portales, at Playa Encanto.
Such is the Supreme’s Court ruling, If anybody in this forum has read the ruling, feel welcome to challenge me, if not, please be courteous and deny me the right to call you ignorant.
DURING ALL THIS TIME, HOMES WERE BUILT AND LAND SOLD, OMAR WAS BANNED FROM THE PROPERTY AND MULTIPLE TIMES HE FACED JAIL TIME FOR FENCING HIS PROPERTY AND TRYING TO RECOVER IT.
In 2017, possession was finally granted to Omar Saenz, AND SINCE THEN, THE SIGN ON THE PICTURE HAS BEEN THERE. 5 years this coming 5th of July, with less than 5 americans approaching Omar Saenz to negotiate.
Now, back to Omar and Jerry Kelly. I don’t know mr Kelly, but I have an idea of who the original writer is. So, I will call him Mr. Ed.
Here is what he states and what I reason.
---Before Mr. Ed, came into the picture, I can assure you that the selling realtor was recommended not to be selling the property and many times I asked other realtors to leave, and they always kept on showing the property. THEY NEVER READ THE SIGN.
--- If Mr.Ed’s realtor was blocked from entering the property, that should have been a good reason not to buy,.
---The realtors signs were removed and placed at the gate, for the realtor to come and pick them, they were never taken into the desert like he states.
---When Mr. Ed mentions the meeting, he forgets to state that he was offered the property, not the passage, again, he did not read the sign.
---Mr. Ed adds he hired and Attorney and that the city administration did not want to act according to his findings. I guess he forgot that the Executive power is not above the Judicial power, and that the city legal department knows how to read a court ruling that states who owns the land.
---Mr. Ed implies that his construction materials were stolen, yet his materials never disappeared, they were removed by his contractor. I know him, and he is a decent person. I allowed him in to pick them up. We are working people not petty criminals.
---Being the city’s representative of local tourism does not take away Omar’s right to defend his property. The Lawsuit has been going on for the last 22 years, and every other derivative claim has been won by Omar, Again, If you have read the court rulings and can prove me wrong, feel free to challenge me.
Regarding Mr. Ed’s statement of other active proceedings going, I will kindly remind him, that such are of legal issues, not of behavioral nature. He chooses his words to keep on hammering the idea that my brother is doing this as a mad man. If I had him close enough I would gladly shout this to him:
HE IS NOT MAD, HE IS JUST RIGHT. Maybe Mr. Ed needs to read synonyms of such word:
Good, Correct, Well, Just, Proper, Appropriate, Straight, Okay, Fine, TRUE.
Also, if you are not happy in Mexico, because you believe we are too corrupted, why are you here? Why are you publishing on a facebook page made to promote and understand rocky point, opinions that denigrate our city and our country?
The publication ends by calling the mayor’s appointment a “ridiculous act”: “ beyond brazen”
Well, Ridiculous is to give an opinion not knowing any facts,
beyond brazen is to have a chorus of people acting the same.
And please, If we prove you wrong, be gentle enough to apologize and humble enough to recommend the same.

 

[Southbeacher]

Yep, people have been buying, selling and building on Dorada all along, and recently. Apparently in this situation the realtor / buyer did not heed the giant, in-your-face sign at the entrance, shown above.

 

[Old55]

Thank you everyone for your insights and recommendations, very much appreciated. Since the first roadblock (literally) to moving into this house, it has been disappointingly insightful to try and peel back the layers of bad history. . It is frustrating to double and triple check the bank trusts, deeds, titles, and all other notarized documents for the property, to then get blindsided by a landgrab / decades old dispute that seems like will never end. As a side note, Researching the beach case that the Saenz did win...our property was not part of any of the prior disputes or litigation, its in a section completely removed from the disputed property. Still loving mexico regardless (most days)

Just wondering why that sign didnt give you pause?

 

[playaperro]

Lobo Negro
It’s just not right to burn Omar if you want to do things right you burn the real estate agent that is the person that brought all these problems. It’s been done on here before.
Be nice to get pic of house sometimes they just don’t fit in, first time I saw playa dorado I thought it was fascinating.
I would of worked something out with Omar personally.

 

[Petrose]

Contact Russ Black aka mexicoruss, but not online. See if he can offer you some advice as I'm sure he may have insight...