# Need advice



## ezgoing (Jan 20, 2009)

Dear expats... Trying to help my buddy out... He married a Mexican women in USA (Las Vegas) and moved to Mazatlan about 4 years ago where they did have that marriage recognized in Mexico... He holds an FM3 and works as a seaman.. She as a professional.. During there first year of marriage they purchased a lot together in their names for about 40K US... now that things have soured, he leaves on an extended work leave to come home to find out that his name (and hers) as owners of the lot was transferred b y her to the name of her son(not his but from a previous marriage)... He is fighting this as a fraud in Mexico We are wondering because of the fact that they were also married in USA can he file similar charges in USA whose standing may be recognized in Mexico... Mexico is very sticky about land rights and such but how about inter spousal rights for married couples... He basically wants to sell it and split it but unfortuantle cooler heads are not prevailing and she wants it all... I fear he is going to spend a lot of money on an attorney to find out in the end...tough luck... Apparently from what he states, before he left on the trip everything was fine and they were discussing building a home on the lot and since he was to be gone for two months she told him that in order to seek the bank loan necessary they would need him to sign a "poder" Power of attorney in order to process the credit while he was gone...apparently she decided to try an end-run and he fears that being a foreigner he has no clout and was wondering if a judgement in uSA courts could hold to property owned in mexico under a USA divorce... It may but is it enforceable???


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## RVGRINGO (May 16, 2007)

I'm no lawyer but my opinion is that he really cut his own throat by signing a power of attorney, which gave her control of the property. She used it as she desired, as was her right. I doubt that he could claim otherwise successfully. In any event, he would have to spend a lot to pursue the case and it might take years. The jurisdiction is in the Mexican state where the property is located. The USA has no jurisdiction.
I think he'll just have to chalk this one up to experience and get on with his life. An attorney might suggest that he fight it, for a price. Attorneys on both sides will profit at his expense.


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## Hound Dog (Jan 18, 2009)

RV is right on. This guy should wave bye-bye to that Mazatlan property and move on. I´m not sure if he could prevail even without the power of attorney but with it he is probably dead meat.

What is it with people who move down here and sign unlimited powers of attorney and are then surprised when they get screwed to the wall. Here in San Cristóbal de Las Casas a California woman signed an unlimited power of attorney giving a Mexico City attorney unlimited rights to her residential property in this city to facilitate the sale of the property. Then she headed back to California. She claims he sold the property which she had given him the right to do and failed to remit her "rightful" proceeds of the sale. While I kind of doubt the veracity of her tale, even if she is telling the truth she could not have done anything dumber than signing over unlimited power of attorney to her real estate in Chiapas and left the country. To make matters worse she has denounced this prominent attorney and filed an official complaint as an American citizen with the U.S. embassy in DF seking redress. Perhaps she has not read that portion of her property deed that stipulates that she has acquired the property under Mexican law and that if she seeks to circumvent Mexican real property law by seeking to assert the supremacy of the laws of a foreign land by complaining to that entitity´s embassy, Mexico reserves the right to declare her acquisition rights null and void and can confiscate the property without redress if they so desire. 

No reflection on your friend but sometimes it seems that many foreigners who move to Mexico check their brains at the border. Folks, this is not California or Nevada. If the property is in Mazatlan, this couple must have acquired the property under a trust or perhaps since she is a Mexican citizen and he is not only she could acquire title and he is chopped liver.

Write it off to experience I say but I may be wong. Don´t take my advice. I´m a simple hound dog.


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## ezgoing (Jan 20, 2009)

*Thanks for the feedback*

I WILL pass it on as it does make sense... too much, but darn what a lesson.. He's traveling now for another 2 month stint but it seems the same advice I gave him but he seems to believe in some "friends" attorney who told him the act was fraudulent and as a ****** who didn't read/write Spanish the "Poder" was never properly explained to him... I sure he's probably going through the stages of grief.. denial..anger...etc... and will come to his senses... I tried telling him earlier, try to get something for it, even if just a note for a promise to pay and that uses the lot for collateral to that promise... but Nooooo...he insists she has done something underhandedly illegal and been told that under Mex law, its same as fraud here, and she will be liable to for it.... I think he's already into it about $2500 with other advice and costs in trying to see where he needs to go with this...I warned him that there is NO such thing as a Package 1-time only payment to Mexican lawyers...there's usually always some other hook later asking for, or demanding something more to move continue with any "chance" to recoup your loss... He says the lawyer works for a percentage of the property value they recover something and has assured him that she cannot sell it with this case pending??? I've never heard of either of those but what the heck if you're gonna wish in the tooth fairy then why not believe in that unlikely occurrence... You're right it sounds like this is going to take years and going to be a battle of wills that he will eventually see the pointlessness of his efforts... I guess the lesson learned is? Be careful who you marry in Mazatlan...


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## Intercasa (Sep 18, 2007)

Yes, he is out of luck as he signed a power of attorney. Furthermore when you buy property in Mexico many times you sign a convenio which states that you shall not invoke your rights for redress of grievances in the US and shall be subject to the laws and courts of Mexico.


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## f3drivr (Nov 18, 2008)

Wouldn't he be entitled to 50% of all assets including the property under Mexico's community property law?


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## Intercasa (Sep 18, 2007)

It is a possibility which would need to be litigated but also there are 2 forms of marriage, separate property and community property. If he gave power of attorney then it would seem that he ratified her actions. A mess no matter how you look at it, but yes he MAY have some options if they married under community property instead of separacion de bienes.


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## goingglobal (Jan 26, 2009)

Try MEXICANLAW:com. It is free and fast. Tell them the same story. Do that, for sure.


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## shari (Jan 30, 2009)

As far as I know...if a relationship goes "south" er...bad...the wife ALWAYS gets the house no matter what...even if she is guilty of adultery or it is her fault...it's just one of those mexican things...poder or no poder.


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