Rocky Point Condo Owner Fights Eviction in Lien Battle
- Thread starter mondone
- Start date
lagrimas85
AKA Carnac
By the Sea as in Seattle......If she would have gone to the registry, I bet the condo title would have had the notacion EN Litigio, or in litigation, I know, I have seen a few of those...You gotta take your paperwork to a notary, before you pay anything and at least get an opinion....The problem is between her and the seller, she opted to not get anybody with the abilility to do anything in Mexico, until it was too late....It was only her and the seller, it seems like...
lagrimas85
AKA Carnac
Probably a bunch, not counting the oldtimers way of doing things here,,, never fix any papers and then die..makes it easy to sell the same property twice and probably legally.. I did know a few of those guy's...or use a Mexican as a prestanombre and then die, your family inherits absolutley nothing..
jerry
Guest
"Peckenpaugh says another case between Beck Group, Pelican Partners and a third party may result in 11 other homeowners in Bella Sirena losing their condos."
Think about all those people waiting for their paperwork at Laguna...
The HOA Board really looks bad it this thing....they had to know...met a guy that was member a few years ago (Chittwood I think). Like to hear him explain how this little bombshell was not in one of hoa's nice little newsletters...
Think about all those people waiting for their paperwork at Laguna...
The HOA Board really looks bad it this thing....they had to know...met a guy that was member a few years ago (Chittwood I think). Like to hear him explain how this little bombshell was not in one of hoa's nice little newsletters...
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El Tiburon
Guest
Why is the an HOA issue? Any HOA where I have lived only seems to worry about whether the landscaping is done properly and no junk cars are parked in visible areas.
jerry
Guest
No way in hell they did not know about these lawsuits... You would think they would pass this information on.They had a newsletter so it would be a good topic to discuss...
El Tiburon
Guest
You are giving the HOA powers it was never meant to have. I checked with a friend who owns there. That dispute had been going on for some time. It was common knowledge. The HOA encouraged people to get their trusts in order several times over the past couple of years in the newsletters they send out. There is no HOA representative present at a real estate closing. If she purchased through a realtor I would go after them as I would think they would share the responsibility for not fully disclosing as they either had to know or should have known. I'm told the members of Pelican Partners are wealthy Seattle business people. You would think they would step up and do the right thing.
jerry
Guest
HOA was a part of this from the beginning...you could read this a couple ways...worst is HOA knew they were on the hook and it worked out well for them...the lady took the bullet for the rest of them..
https://rayraygo.files.wordpress.com/.../cmci-application... wow what a mess...when you halt the parking garage the gc then has an out...who knew!
https://rayraygo.files.wordpress.com/.../cmci-application... wow what a mess...when you halt the parking garage the gc then has an out...who knew!
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El Tiburon
Guest
Interesting read. Couldn't get to the opening pages. Would have like to see the organizational chart. A lot of this probably boils down to what the HOA knew and when they knew it but the fact remains the developer took money for properties they knew were or could be subject to liens. I feel terrible for this woman's plight but I still don't understand her delay in getting the trust when she paid for the condo. She got some bad advice somewhere.
playaperro
El Pirata
Do you have to be member of FB Realtors & need the link?.
jerry
Guest
The bad thing is none of them are being helpful...just calling her an idiot if they are not just pretending it didn't happen
playaperro
El Pirata
I read that this morning, the realtors pushing ampi, come on pay the notario and get it done right.
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jerry
Guest
a friend agrees " even with a trust, one has to perform due diligence, (find out if there is litigation, past, pending, ongoing, probate, boundary conflicts with ejidos, maritime federal zone issues such as a concession, liens, etc.
A Trustee should not transfer a property with issues, such as liens, litigation, etc, the property has to be free and clear from any limitation, free of any encumbrances. I have known many properties under a trust, change hands via private agreements, where the original or a successive Trust Beneficiary decided to bridge the terms of the trust and to avoid capital gains somehow persuades ,a bona fide buyer or someone trying to avoid paying attorney and notary fees and recording costs, etc, thus they keep transferring (private agreement to assign the property rights) the property from to another buyer, until someone comes along and decides to do things the right and legal way and finds all the garbage under the carpet , (which may explode underneath him when it blows up with him over it or is discovered during the due diligence process).
Concerning your question: "If someone buys now and gets a trust or signs on to an existing one does that protect them is the question I have been asked", it would depend on a doing the right thing, the due diligence and a new trusts would provide 50 years to use and enjoy the property, renewable, or someone buying a property under a preexisting trust from a trust beneficiary would continue with the remaining time left on the fideicomiso and that buyer, now known as Fideicomisario would see the new trust recorded with the Bank’s name as Trustee and his name as Trust Beneficiary (Fideicomisario) with all the protection from the law.