Property Trust, Cholla

Bob Oso

Guest
The Cholla Bay land trust issues has finally taken a turnfor the better… I hope. The current newsletter from the Cholla HOA had a very interesting article pertaining to thislong standing problem, and over the weekend I was able to meet with thearticles author.

It was certainly refreshing and equally disappointing tolearn that that I wasn’t the only visitor/resident left in this predicament, infact far from it. The +/- number hementioned was staggering, but again, not surprising. I have long felt we weren’t the only ones thatheld up and honored our end of a real estate purchase.

The gentleman I spoke with seems to have a pretty wellthought out plan to resolve this amicably for all parties, and as time passes Iwill try to keep posting in this thread on its progress.

 

jerry

Guest
The new Cruise Homeport will bring all the sharks your way and wake up the sleeping ones...good luck.
 

Roberto

Guest
Can you post a link to the HOA newsletter and or elaborate on the trust issues you are referring to? Thanks

Found the link to the Cholla HOA and read what is there but it's sketchy. Sounds like the bank is dragging stuff out for some reason. There were rumors of lawsuits some time ago. Anyone know if they have been cleared up? That would slow things down a lot.
 
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Bob Oso

Guest
Roberto, I just have the hard copy, I'm not sure they link it to their site, but there is more to it than what's on thier website.

"Sketchy" yep, that probably the best way to sum it up. It's been ten years now since we've purchased our property, and I was told there are people that have waited longer. Not only that but buyers are being met with encumbrances that were not disclosed prior to the purchase. Normally you'd think that it will be cleared up before the close of escrow, hmm, a ten year old escrow account?


I've been to the reality company, I've been to the bank and have heard every excuse, they simply play off one another. I have no doubt there is a simple single answer to all of this. Problem is, no one wants to confront him, her, them or it. I have my fingers crossed that with everyone in this grouping together it may help expedite the matter.

I truly believe that the laws in Mexico are enforced and this will come to an end, I just can't wrap my mind around why it's like this.
 

Bob Oso

Guest
Roberto, I just have the hard copy, I'm not sure they link it to their site, but there is more to it than what's on thier website.

"Sketchy" yep, that probably the best way to sum it up. It's been ten years now since we've purchased our property, and I was told there are people that have waited longer. Not only that but buyers are being met with encumbrances that were not disclosed prior to the purchase. Normally you'd think that it will be cleared up before the close of escrow, hmm, a ten year old escrow account?


I've been to the reality company, I've been to the bank and have heard every excuse, they simply play off one another. I have no doubt there is a simple single answer to all of this. Problem is, no one wants to confront him, her, them or it. I have my fingers crossed that with everyone in this grouping together it may help expedite the matter.

I truly believe that the laws in Mexico are enforced and this will come to an end, I just can't wrap my mind around why it's like this.
 
Can anyone tell me how long it takes to get the trust recorded with the city? I signed the final documents after everything came back from the bank and approved but then it had to be recorded by the city. This was the beginning of September 2013 and it's been almost four months. The nortorio keeps saying its with the city and will be next week but he has been saying that for over 3 months. And says they a slow. Now the city is about to go on holiday till the first of the year. If anyone can let me know what the normal time frame to get it recorded is I would be so graetful.
 

Bob Oso

Guest
Can anyone tell me how long it takes to get the trust recorded with the city? I signed the final documents after everything came back from the bank and approved but then it had to be recorded by the city. This was the beginning of September 2013 and it's been almost four months. The nortorio keeps saying its with the city and will be next week but he has been saying that for over 3 months. And says they a slow. Now the city is about to go on holiday till the first of the year. If anyone can let me know what the normal time frame to get it recorded is I would be so graetful.
Paul, below is movement that is being put together by a Cholla resident to help other residents like you and me to get their trust finalized. Believe me you're not the only one going through this. The more people involved in this the better.

"Good morning,
it had been a while since I had anything to report but we have been working none stop behind the scene. I thought we had lost ground for a while when SBR said they were going to cancel the master trust. Believe me, this was not a good thing, I do not want to give you to much information that will just get confusing, I just want to stick to what the end results we are striving for.
We have regrouped and are ready for round 2 but with allot more help this round.
Lets look at what is on the table for this month.
1) we have to re negotiate with the city and federal government. This is a new year and the deal we had on the table from last year has expired.
When apply for a Bank trust, there are allot of fees involved . It can run between 4-8 % closing cost. Every body has a fee. some of those fees are negotiable and some are not.
That being said, let me explain where your 4-8 % percent comes from. It is similar to closing cost when you buy a home in the states., the big difference is , you can roll those fees into a loan and you never even see those fees. Since there really is no financing for housing yet in Mexico,,, you know the rest. Lets finish talking about fees and then we will talk about legal process.
A) 2% is a transfer tax on the total value of your home and your land. Both are taxed separately but at 2% for now , unless we get another tax hike. This is where the negotiations with the city and federal agencies come in. What we had on the table last year was to only tax 2% of the land and not the house. (The house will be in the further when sold). Pay now or pay latter.
B) .0078 % record fee and if goes above a monetary limit , it goes up for a luxury tax.
c) $1,400.00 just for the banks processing fee( maybe negotiable) if our group is large enough.
D)$ 800.00 and up for a Notario (in Mexico, a Notario is higher than a judge). The process cannot be touched , with out one.
E)$ 45.00 lien release
F).50 % recording fee
When it is all said and done there is an annual fee that you pay. It was 350.50 but now it is 409.00 and up to 700.00. We can negotiate this fee with a larger group.
Here is the hard part. We as a group have a voice. Our group of 70 have been on the list for a year and all the parties involve have your applications that worked so hard on last spring and through the summer. This is a new year and I have to resubmit them again, that is just the process.
Now that we have the basics covered, lets talk about some options and goals for 2014.
This Tuesday will be our first meeting for 2014.
This is the legal team we have set up to process your Bank trust and we have the approval of SBR and Bancomer.
Legal Team for us: Mr. Manzo Taylor (Natario)
Mrs Daniela Manzo Taylor (Natario Asst
Legal Team for SBR Mr. Hector Ramierez (lawyer)
Mr, Reyel Taylor
Mr. Elizae Jeimez (Natario)
Bancomer: Mr. Rodolpho
City and State: to be determined after this months meeting.
We will be in Hermosillo for 3 days in meetings starting the 6th of Feb.
After these meetings , I will have a general meeting with our legal team and possibly a Lawyer from Phoenix. City and Federal officials. Part of the requirement is to have your taxes paid. I will be placing an add in the paper and some media to call on the 700 people that do not have a bank trust to get involved and get on board. Time is running out, we only have this political regime for another year and a half.
Also, we have disused the possibility of a group law suit if it comes to that. We had a Lawyer , that is licensed in the US and in Mexico. Their firm just recently won the first law suit against the Mexican airlines. They did a case study on cholla bay over the summer and have options, should it come to that. It is more economical to fight in a group than by your self.
I will be looking for volunteers to help pass out information and take in information at this big meeting. (THIS IS NOT A HOME OWNERS FUNCTION).
Please let your neighbors know about this further meeting in March 2014."
Sincerely,
Tavane McCombs




Tavane McCombs
(
ROCKY POINT REALTY AND SERVICES

A. ELIASE CALLE #6

602-759-9414 Office

638-388-7373 Office

638-384-6143 Cell
 
Bob, How would this affect those in Cholla who have had their trusts in place for the past 10-15 years?
Or is what you are writing about something separate?
 

Bob Oso

Guest
Bob, How would this affect those in Cholla who have had their trusts in place for the past 10-15 years?
Or is what you are writing about something separate?
It won't, this is for the residents who have purchased their property but have yet to receive their trust. We are going on our 10th year of waiting for this transaction to be completed. Oddly there are numerous residents who have purchased property recently and have trust in hand. Power to them, glad it worked out the way is supposed to. But there is a large number of residents like myself that haven't and have heard every reason in the book of why it hasn't. If you know of anyone who hasn't received their trust, let them know.
 
Bob, Thanks.
I remember in 1997 when the first batch of trusts were issued, there was mass confusion in Cholla because some people who were to
be in the first wave of Trusts issued didn't get them for a year or 2. Sounds like it isn't that different.
Pete Peterson was the champion who helped get the trusts out, He went round and round with SBR and it worked out, for most.
Sadly he passed away.
 
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