Rocky Point Condo Owner Fights Eviction in Lien Battle
- Thread starter mondone
- Start date
jerry
Guest
Bob read that link I provided...2005...moved in in 2009
this info from Maricopa county. if you do a search on the party names you will find lots from sonoran courts.
Case Number: CV2010-011550 Judge: Gama, J. Richard
File Date: 5/14/2010 Location: Downtown
Case Type: Civil
Party Information
Party Name Relationship Sex Attorney
Beck Internacional De Mexico S A De C V Plaintiff Andrew Kvesic
Pelican Partners International S R L De C V Defendant Pro Per
Case Documents
Filing Date Description Docket Date Filing Party
8/3/2010 JUD - Judgment 8/6/2010
NOTE: Notice of filing and entry provided to the parties
7/14/2010 NOF - Notice Of Filing 7/14/2010
NOTE: Notice of Filing Stipulation to Mediation and Arbitration
5/19/2010 AFS - Affidavit Of Service 6/8/2010
NOTE: PELICAN PARTNERS INTERNATIONAL SRL DE CV 05/19/10
5/14/2010 COM - Complaint 5/18/2010
Case Calendar
There are no calendar events on file
Judgments
Date (F)or / (A)gainst Amount Frequency Type Status
8/3/2010 F:Beck Internacional De Mexico S A De C V $17,354.06 One Time Costs
A: Pelican Partners International S R L De C V
8/3/2010 F:Beck Internacional De Mexico S A De C V $242,276.09 One Time Interest
A: Pelican Partners International S R L De C V
8/3/2010 F:Beck Internacional De Mexico S A De C V $698,876.70 One Time Judgment
A: Pelican Partners International S R L De C V
El Gato
Guest
El Gato
Guest
The following was part of the Bella Sirena Oct 2012 Quarterly newsletter. There were other references in President's letters, etc., as to the need to check trusts/paperwork.
Check Your Bank Trust Status!
In recent months, it has come to light that several owners at Bella Sirena have a complication with the status of
their bank trusts, and owners are now being urged to check their status to avoid unnecessary complications and
legal issues.
Some might say, “I have proof I paid for my condo” or “I have my bank trust”, but neither of these statements
guarantees you will not run into a problem if the condo you purchased was never removed from the Master
Trust.
When a property has not been removed from the Master Trust and the developer has judgments or liens, those
seeking recompense petition the Court to allow property in the Trust to be foreclosed upon and sold at auction
to satisfy the debt. Proof of having paid for your condo will be of little satisfaction if you find out you’re in this
situation after your condo has a ‘new owner’.
If you find that your condo is one of those affected, there is an expense and a bit of time involved in clearing it
up, but that time and expense is much less that it would be if you wait until it’s too late.
Finding out whether your property has been removed from the Trust is relatively simple. Those who do have a
problem must solicit the Court to become part of the existing lawsuit (this is because no one who is not a party
to a lawsuit can get information about the status of that suit). Once part of the lawsuit, owners can simply
prove to the Court that they purchased and paid for the condo, and the Court then issues an order removing
the condo in question. After this, you must go to the Public Registry office and make sure the change has been
recorded. According to Ruben Robles Beltran for $62 pesos ($5.00 USD approximately), owners can check at
the Public Registry to make sure their properties are recorded and receive a 'Certificate of No Lien.'
Remember, the Court with jurisdiction over the lawsuit has no idea which condos should have been removed. It
is the responsibility of individual owners to research this and prevent a bad situation becoming much, much,
worse.
Lic. Lucas Sotelo was born and raised in Puerto Peñasco and has just been named Judicial Coordinator for the
city.
Check Your Bank Trust Status!
In recent months, it has come to light that several owners at Bella Sirena have a complication with the status of
their bank trusts, and owners are now being urged to check their status to avoid unnecessary complications and
legal issues.
Some might say, “I have proof I paid for my condo” or “I have my bank trust”, but neither of these statements
guarantees you will not run into a problem if the condo you purchased was never removed from the Master
Trust.
When a property has not been removed from the Master Trust and the developer has judgments or liens, those
seeking recompense petition the Court to allow property in the Trust to be foreclosed upon and sold at auction
to satisfy the debt. Proof of having paid for your condo will be of little satisfaction if you find out you’re in this
situation after your condo has a ‘new owner’.
If you find that your condo is one of those affected, there is an expense and a bit of time involved in clearing it
up, but that time and expense is much less that it would be if you wait until it’s too late.
Finding out whether your property has been removed from the Trust is relatively simple. Those who do have a
problem must solicit the Court to become part of the existing lawsuit (this is because no one who is not a party
to a lawsuit can get information about the status of that suit). Once part of the lawsuit, owners can simply
prove to the Court that they purchased and paid for the condo, and the Court then issues an order removing
the condo in question. After this, you must go to the Public Registry office and make sure the change has been
recorded. According to Ruben Robles Beltran for $62 pesos ($5.00 USD approximately), owners can check at
the Public Registry to make sure their properties are recorded and receive a 'Certificate of No Lien.'
Remember, the Court with jurisdiction over the lawsuit has no idea which condos should have been removed. It
is the responsibility of individual owners to research this and prevent a bad situation becoming much, much,
worse.
Lic. Lucas Sotelo was born and raised in Puerto Peñasco and has just been named Judicial Coordinator for the
city.
jerry
Guest
Wow they do lay it out but claim it is still fixable..... The dog must have eaten her news letter
lagrimas85
AKA Carnac
That's why I mentioned new times, they only reported one side...
In the off chance some of the prolific experts-on-everything on this website care about the truth, our Attorney has provided some info:
There would likely not have been a realtor involved in the sale. Developers do not normally sell new product through realtors. They employ salespeople who work in-house.
This poor woman's property was offered for sale at least twice in the court's effort to provide funds to pay the claim of the workers. The first attempt was asking for full market value. The second attempt asked for 50 % of value. There were no bids.
The court then did what courts worldwide will do: it granted the property to the workers, who followed the law in attempting to collect on their lien. Our Attorney points out the Mexican courts actually made more effort than do American courts to protect an owner's equity. She points out, as an example, in foreclosure on a tax lien in Az there is no offering of the property to the public. If the homeowner does not pay up, the investor who bought the lien gets the property clear title, and all lenders are foreclosed off title. She has seen a 300,000 home go to an investor for 24,000 unpaid taxes. Further, in most Az loan foreclosures there is no court involvement whatsoever.
There are no facts as to what notice she or the HOA received, if any.
There would likely not have been a realtor involved in the sale. Developers do not normally sell new product through realtors. They employ salespeople who work in-house.
This poor woman's property was offered for sale at least twice in the court's effort to provide funds to pay the claim of the workers. The first attempt was asking for full market value. The second attempt asked for 50 % of value. There were no bids.
The court then did what courts worldwide will do: it granted the property to the workers, who followed the law in attempting to collect on their lien. Our Attorney points out the Mexican courts actually made more effort than do American courts to protect an owner's equity. She points out, as an example, in foreclosure on a tax lien in Az there is no offering of the property to the public. If the homeowner does not pay up, the investor who bought the lien gets the property clear title, and all lenders are foreclosed off title. She has seen a 300,000 home go to an investor for 24,000 unpaid taxes. Further, in most Az loan foreclosures there is no court involvement whatsoever.
There are no facts as to what notice she or the HOA received, if any.