Rocky Point Talk archive

Rocky Point Times Editorial.

Started by JimMcG · Jan 9, 2015 · 56 replies
JimMcG
Some potential, as yet unsupported concerns regarding contracts and Mexican corporations, as they pertain to Mexican real estate.

http://www.rptimes.com/editorial/2015/01/editorial-january-2015/
Kenny
This part may have raised a few hairs; as well it should....... Private Contracts may become null and void in the not so distant future so it is advisable, if you have a private contract – new or old – that you speak to an attorney or real estate professional or your trusted advisor to see what can be done about getting your property into a Bank Trust or some other legally recognized status.
Last edited: Jan 10, 2015 at 1:30 AM
Alacrane
Kenny said:
This part may have raised a few hairs; as well it should....... Private Contracts may become null and void in the not so distant future so it is advisable, if you have a private contract – new or old – that you speak to an attorney or real estate professional or your trusted advisor to see what can be done about getting your property into a Bank Trust or some other legally recognized status.

Most Private contracts are held in a master trust that I know of, could you please Elaborate Sr. Kenny?
Roberto
With the downturn in real estate of years back, more individual owners who held property in a Fidiecomisso have been willing to sell with a private contract. Most are just a document signed by both parties. I believe it can be registered via a Notorio but that apparently causes some issues later so the process of registration has been avoided by many. The property remains in the seller's Fidiecomisso till paid off.
Landshark
Roberto, what happened with the master trust that was expiring in Las Conchas? If real estate laws change like the article speculates situations like this could have real bad consequences for homeowners that are unaware or unwilling to renew.
Roberto
The Master Trust does not apply to a majority of the properties in Unconscious. It's a few years off but some have been working on creating a stampede out of fear, for profits. It's easy peasy, an owner is free to apply to any bank they choose.

If someone does not renew, the banks plan on packing on mega annual pentalties and fees. The property could not be sold or transfered for sure. Banks could reposses at some juncture I guess.

I could see a situation where someone who 'inherited' a property in Mexico held under a bank trust, who is totally uninformed about bank trusts, could get into this situation. The banks make little effort to locate and notify the registered owners of a Bank Trust and no way to locate anyone else. "Hey Gramps left it to us in his will, we thought we owned it."
Kenny
Alacrane said:
Most Private contracts are held in a master trust that I know of, could you please Elaborate Sr. Kenny?

Most? Could you please elaborate on the one's that don't fit into the "most" mold please?
Last edited: Jan 10, 2015 at 2:05 PM
Alacrane
Kenny said:
Most? Could you please elaborate on the one's that don't fit into the "most" mold please?

Private contracts held by a dual citizen, where they have the option to hold fee simple ,bank trust or not recorded at all.
Kenny
Alacrane said:
Private contracts held by a dual citizen, where they have the option to hold fee simple ,bank trust or not recorded at all.

Ten to one you didn't even read the article where that quote came from.
Alacrane
Kenny said:
Ten to one you didn't even read the article where that quote came from.

Have you ever owned here?
Kenny
Alacrane said:
Have you ever owned here?

Do you and can you prove it? What's your name? How old are you? Man or women? Have a picture?
Look, if I wanted to talk to a wall I sure don't need a computer to do it!
fatboyharley
Roberto said:
The Master Trust does not apply to a majority of the properties in Unconscious. It's a few years off but some have been working on creating a stampede out of fear, for profits. It's easy peasy, an owner is free to apply to any bank they choose.

If someone does not renew, the banks plan on packing on mega annual pentalties and fees. The property could not be sold or transfered for sure. Banks could reposses at some juncture I guess.

I could see a situation where someone who 'inherited' a property in Mexico held under a bank trust, who is totally uninformed about bank trusts, could get into this situation. The banks make little effort to locate and notify the registered owners of a Bank Trust and no way to locate anyone else. "Hey Gramps left it to us in his will, we thought we owned it."

FYI Seven out of ten homes are in the master trust which expires in 2017
Alacrane
Kenny said:
Do you and can you prove it? What's your name? How old are you? Man or women? Have a picture?
Look, if I wanted to talk to a wall I sure don't need a computer to do it!

Were done, you asked for an opinion and I gave one, no big deal Mr Kenny, Please not not call me names.
Kenny
Alacrane said:
Were done, you asked for an opinion and I gave one, no big deal Mr Kenny, Please not not call me names.

Again....Ten to one you didn't even read the article where that quote came from.
Roberto
fatboyharley said:
FYI Seven out of ten homes are in the master trust which expires in 2017


Well I was wrong about that. Thanks for the clarification.
Landshark
fatboyharley said:
FYI Seven out of ten homes are in the master trust which expires in 2017

Is the LC HOA still trying to get another master trust for the properties? Seems to me homeowners would be better off converting to an individual trust

A Real Estate Fideicomiso is irrevocable ownership set in 50-year increments, perpetually renewable, and is transferable. There is only one Real Estate Fideicomiso, however, and it is offered in two forms: Master Trust or Individual Trust.

Master Trust:In this type of Trust, a master umbrella Trust is formed and the individuals own a piece of the Master Trust. The Master Trust holds all the properties and makes all decisions regarding the Trust/property. It is responsible for, and pays the taxes on the entire property held within the Trust and appropriates amounts for reimbursement from the individual owners. The risk in a Master Trust is if the Trust property should incur a lien or judgement against it, what affects one affects all. Whoever controls the Master Trust holds tremendous power over it. The beneficial aspect of the Master Trust is that it is less expensive to set up and maintain.

Individual Trust : In an Individual Trust each property owner owns, maintains, and is responsible to pay taxes on their own Trust/property. It is slightly more expensive but the security of total control over your own Trust/property is worth the small additional expense.
playaperro
Banamex is extending trusts for 20 years for 1500 bucks, They are having a big service's day april 11 in town, If you need info on bank trusts don't miss this.
JimMcG
playaperro said:
Banamex is extending trusts for 20 years for 1500 bucks, They are having a big service's day april 11 in town, If you need info on bank trusts don't miss this.


50 year renewals was what was promised, but I suppose more money is to be made for the banks on the more frequent 20 year cycle.
playaperro
JimMcG said:
50 year renewals was what was promised, but I suppose more money is to be made for the banks on the more frequent 20 year cycle.

No not when they were first issued, the later ones do.
JimMcG
playaperro said:
No not when they were first issued, the later ones do.


True, but when they later introduced the 50 year fidecomisos with the 50 year renewal option, it was widely presumed that the older ones would be grandfathered in with them, as I understood it.
Last edited: Jan 11, 2015 at 11:29 AM
playaperro
JimMcG said:
True, but when they later introduced the 50 year fidecomisos with the 50 year renewal option, it was widely presumed that the older ones would be grandfathered in with them, as I understood it.

The las conchas first issued bank trusts expire when the master trust expires, date is on the bank trust, try telling that to the bank you want grandfathered in, for 1500 bucks they will tell you and that's a bargain, the list of banks doing trusts is about 7 long with the cheapest at $3000. I don't know maybe 680 houses in las conchas and also lots needs trusts too.
JimMcG
playaperro said:
The las conchas first issued bank trusts expire when the master trust expires, date is on the bank trust, try telling that to the bank you want grandfathered in, for 1500 bucks they will tell you and that's a bargain, the list of banks doing trusts is about 7 long with the cheapest at $3000. I don't know maybe 680 houses in las conchas and also lots needs trusts too.


My comments were stricktly referring to individual trusts, but if $3,000 would ensure an individual 50year/50 year renewable trust, completely divorced from the master trust, it might be worth pursuing. Otherwise if not possible, and the option is to let a trust expire with the master, $1,500 for a 20 year renewal is the way to go.
fatboyharley
It is $1500 a year My individual trust ( I am not under the master trust) is only $350 a year for a 50 year trust
JimMcG
fatboyharley said:
It is $1500 a year My individual trust ( I am not under the master trust) is only $350 a year for a 50 year trust


$350/year trust maintenance fee is actually lower than some other subdivisions but $1500/year would certainly change the equation.
Ironically, Las Conchas used to be thought of as a model, beachfront development, reputed to be progressively well run, secure, to later include a desalination plant etc, but it seems to be going through some rocky times currently. I hope it all works out.
playaperro
fatboyharley said:
It is $1500 a year My individual trust ( I am not under the master trust) is only $350 a year for a 50 year trust

It's $1500 to extend the bank trust for 20 years and the regular $350 a year maintenance fee, you are very fortunate you are not in the master trust.
MIRAMAR
Ours in Miramar is around $350/year as well from Scotia Bank.for the 50 year trust renewable in 2054. They don't have an office in Penasco, so the head of Bank Trusts from Hermosillo drives up for our Spring HOA meeting, and you can pay then w/ a bank receipt. Otherwise, you have to try to make a payment in either Caborca or Nogales (which is a pain) or Hermosillo.
playaperro
JimMcG said:
$350/year trust maintenance fee is actually lower than some other subdivisions but $1500/year would certainly change the equation.
Ironically, Las Conchas used to be thought of as a model, beachfront development, reputed to be progressively well run, secure, to later include a desalination plant etc, but it seems to be going through some rocky times currently. I hope it all works out.

JimMcG said:
$350/year trust maintenance fee is actually lower than some other subdivisions but $1500/year would certainly change the equation.
Ironically, Las Conchas used to be thought of as a model, beachfront development, reputed to be progressively well run, secure, to later include a desalination plant etc, but it seems to be going through some rocky times currently. I hope it all works out.

The only rocky times are when Kenny shows up in his fish scarin outfit! LOLX2
JimMcG
MIRAMAR said:
Ours in Miramar is around $350/year as well from Scotia Bank.for the 50 year trust renewable in 2054. They don't have an office in Penasco, so the head of Bank Trusts from Hermosillo drives up for our Spring HOA meeting, and you can pay then w/ a bank receipt. Otherwise, you have to try to make a payment in either Caborca or Nogales (which is a pain) or Hermosillo.


Miramar seems to have also come a long way after regularising trust ownership, from what it was when I first visited many years ago. After that I noticed a huge uptick in remodeling, fresh paint jobs and additions being constructed. Quite
positive in comparison to the early days.
JimMcG
:rolleyes:
playaperro said:
The only rocky times are when Kenny shows up in his fish scarin outfit! LOLX2


No pics please.:rolleyes:
playaperro
Had to look and see what encanto looks like these days
playaperro
JimMcG said:
$350/year trust maintenance fee is actually lower than some other subdivisions but $1500/year would certainly change the equation.
Ironically, Las Conchas used to be thought of as a model, beachfront development, reputed to be progressively well run, secure, to later include a desalination plant etc, but it seems to be going through some rocky times currently. I hope it all works out.


fatboyharley said:
It is $1500 a year My individual trust ( I am not under the master trust) is only $350 a year for a 50 year trust

You are right FBH, they want $1500 a year to extend contract and 2 years up front, Expire's nov. 2017 maybe by then some banks and notorios will come up with a better bargain.
JimMcG
playaperro said:
You are right FBH, they want $1500 a year to extend contract and 2 years up front, Expire's nov. 2017 maybe by then some banks and notorios will come up with a better bargain.


After two years and $3,700, you still will not have a renewed 50 trust and have to start over again?
chihauhau
MIRAMAR said:
Ours in Miramar is around $350/year as well from Scotia Bank.for the 50 year trust renewable in 2054. They don't have an office in Penasco, so the head of Bank Trusts from Hermosillo drives up for our Spring HOA meeting, and you can pay then w/ a bank receipt. Otherwise, you have to try to make a payment in either Caborca or Nogales (which is a pain) or Hermosillo.

Oh how convenient to pay, but what about the banks no longer excepting US checks now. Isn't there a lady from Dorado doing bank transfers also for a small fee? Seems more safer. Just a thought.
JimMcG
chihauhau said:
Oh how convenient to pay, but what about the banks no longer excepting US checks now. Isn't there a lady from Dorado doing bank transfers also for a small fee? Seems more safer. Just a thought.


At least one bank has always billed in and accepted US dollar checks for trust payments.
playaperro
chihauhau said:
Oh how convenient to pay, but what about the banks no longer excepting US checks now. Isn't there a lady from Dorado doing bank transfers also for a small fee? Seems more safer. Just a thought.

Got a name, You know how insurance agents are still doing audits, not to mention the disappearance of Ramon!
JimMcG
Was the whole Rocky Point, insurance coverage situation finally explained and resolved after all the discussion was halted?
MIRAMAR
"Oh how convenient to pay, but what about the banks no longer excepting US checks now. Isn't there a lady from Dorado doing bank transfers also for a small fee? Seems more safer. Just a thought."

Scotia hasn't mentioned not accepting American bank checks. They do take cash, or a Credit card payment.
fatboyharley
JimMcG said:
Was the whole Rocky Point, insurance coverage situation finally explained and resolved after all the discussion was halted?

NO
JimMcG
fatboyharley said:
NO


I would be curious to know where Rocky Point visitors are getting their insurance these days, given all of the previously expressed uncertainty.
Hillbeartoe
JimMcG said:
I would be curious to know where Rocky Point visitors are getting their insurance these days, given all of the previously expressed uncertainty.



I was thinking the same thing. Truthfully I would be a nervous wreck with all of this if I owned down there, and not owning would make me wait to take the plunge until there were some definitive answers.

Who/what the hell can you trust down there?

Where the hell is JWT when you need her? o_O
brokenwave
Guess you need to buy it and then verify the policy is active.
I have mine through Pro Alliance and after all the nasty posts here I e-mailed the insurance companies to verify that was my policies were active.
Turned out both my DL and Homeowners policies active, good to go.
JimMcG
brokenwave said:
Guess you need to buy it and then verify the policy is active.
I have mine through Pro Alliance and after all the nasty posts here I e-mailed the insurance companies to verify that was my policies were active.
Turned out both my DL and Homeowners policies active, good to go.


Good to hear.
JWT
http://www.mexpro.com/

Not necessary to take risks with a Mexican for insurance.
Landshark
JWT said:
http://www.mexpro.com/

Not necessary to take risks with a Mexican for insurance.

Whoa, what happened to exclusive PPRES? Now you say dealing with "a Mexican" is risky? You suggest buying insurance online from a company in Flagstaff because PPRES "is risky." Come on Robin, make up your mind.
Hillbeartoe
There she is... wheres her label?

Isn't our Pudgy Princes Real Estate Specialist funny!

I wonder wut she looks like nekid? o_O

Lets see, Colorado to Paradise Valley and then retires in Puerto Peñasco at 35.... Nevermind.

I actually expected a little more from her since this should be her area of expertise. Then she cops out and defers to a Northern Arizona based insurance company.

At least she capitalized Mexican, never trust "Those" locals right Princess. ;)
JWT
Landshark said:
Whoa, what happened to exclusive PPRES? Now you say dealing with "a Mexican" is risky? You suggest buying insurance online from a company in Flagstaff because PPRES "is risky." Come on Robin, make up your mind.


PPRES

To real residents, or folks considering Penasco as a primary home: I'm sorry if I forgot to identify myself as a reliable source on my last message.

I don't know everything about the real Rocky Point, but what I know is actually true.

From what I've heard, paying a local Mexican lady for insurance turned out to be a bad choice over a few years for many people. A few informed locals, who "need to know" in their careers and businesses here and stateside, report that some people actually made insurance claims that are now headed to court. People with real ties to this community can fill you in on what's true and actually going on this topic. Enough said to this sophisticated tourist crowd.


jerry
"People with real ties"..... First time I visited the sleepy little town was 1973.It was such a better place then...
JWT
jerry said:
"People with real ties"..... First time I visited the sleepy little town was 1973.It was such a better place then...


PPRES

You have not really said how often you are able to visit Mx, but if you and your partner have some dreams to settle here there are some great realtors in RP ready to assist to find something affordable for everyone. I hear some sellers are offering terms, which is always helpful. If you know what area of Penasco would be good for you let us know.....most likely someone here will know of a steal of a deal. We look forward to having you in town !
playaperro
JWT said:
PPRES

To real residents, or folks considering Penasco as a primary home: I'm sorry if I forgot to identify myself as a reliable source on my last message.

I don't know everything about the real Rocky Point, but what I know is actually true.

From what I've heard, paying a local Mexican lady for insurance turned out to be a bad choice over a few years for many people. A few informed locals, who "need to know" in their careers and businesses here and stateside, report that some people actually made insurance claims that are now headed to court. People with real ties to this community can fill you in on what's true and actually going on this topic. Enough said to this sophisticated tourist crowd.



Hey Mr. H more than one Mexican Lady selling insurance.
jerry
JWT said:
PPRES

You have not really said how often you are able to visit Mx, but if you and your partner have some dreams to settle here there are some great realtors in RP ready to assist to find something affordable for everyone. I hear some sellers are offering terms, which is always helpful. If you know what area of Penasco would be good for you let us know.....most likely someone here will know of a steal of a deal. We look forward to having you in town !

Thanks. RH.....
asprinkles
does that stand for real happy is back
MIRAMAR
Russ or Roberto, have you paid your taxes yet for 2015? What are the changes from 2014? Thanks!
chihauhau
MIRAMAR said:
Russ or Roberto, have you paid your taxes yet for 2015? What are the changes from 2014? Thanks!

We paid ours yesterday , was 500peso less plus the 15% discount. We live on the north shore between Tessero & the Mayan.
PintoPoint
Does anyone know if the offices to pay taxes are open on Saturdays?
JimMcG
When is the last day for the 15% tax discount? Thanks.
Terry C
It goes down monthly, January 15% February 10% I believe.
JimMcG
Terry C said:
It goes down monthly, January 15% February 10% I believe.


Thanks.