When It Rains It Pours
“When it rains it pours is often declared when bad things happen – but not this time. We have water. It is pouring and we are darn happy this Christmas morning!
Here is the happy story: Since the 15th of December our colonia (suburb) has not had running water. It seems the pump, and then the backup pump, went bad.
We assessed our storage volume a few days into the drought after being advised no running water may happen for a couple of weeks (which turned out to be true). Our two 1100 liter water storage tanks were half full – meaning we had 1100 liters or about 285 gallons.
We went on a major water conservation program. We started seeing water delivery trucks around the Hood. One neighbor who has a complex of housing was seen getting 20,000 liters and then another 10,000. Some of that water was graciously shared with neighbors. It is nice seeing people pull together.
Everyone in the Hood was pretty much looking like they needed a shower for days – we certainly did. Our Australian friend’s that operate El Lugar Restaurant on the beach road told us of a place on the Colotepec river just a couple miles away where we could bathe. It did not come to that for us – but that trip was scheduled for Christmas day.
We will not go into the details – let us just say those wash and wipe packets helped us sleep in the same bed.
Christmas Eve before sundown the water came on at nearly its scheduled time. We normally receive water via the colonia pipes on Saturday, Tuesday and Thursday for 3 to 5 hours.
The church bells rang out and we scrambled to the showers – hooray!
The church bells rang out and we scrambled to the showers – hooray!
And our colonia is in the news. It is touted as, “The Punta is probably Puerto’s fastest growing neighborhood and its most diverse.” The entire edition of the latest Viva Puerto is dedicated to La Punta, our area.
You may have read about Viva Puerto here last April. Barbara Schaffer is the editor and publisher of this informative magazine. Here around town it is free and quite prominently available. Viva Puerto is also available for reading right here on the Internet.
Schaffer’s La Punta issue has some informative history and some commentary regarding buying land and housing here. We highly recommend checking it out.
In the cause of fair and balanced reporting let us make a few comments regarding an article in Viva Puerto about buying property via an acta de posesion (an act of possession). “The acta is similar to a deed or title (escritura publica)….”; An acta may include the use of a prestanombre, placing the land in someone else’s name.
Last January we went into much detail about the process of purchasing property this way (see three-part story).
To add a couple of points because Schaffer’s comments are decidedly negative. It should be noted that she lives in an area of Puerto Escondido which has titles (escritura publica) that are registered with Mexico’s federal land office. This is certainly a more conventional purchasing method, but we have to differ with the article’s characterization regarding using a prestanombre to “…get around the law. (Think of the bum in front of a liquor store who will, for a few dollars, buy liquor for a teenager and you have a picture of the legal status of the prestanombre and his client).” Ouch!
The article continues, “For that reason a private (not registered) escritura is also not an option since it is unenforceable. (You can’t present a contract for an illegal transaction to a judge).” This is not entirely factual – rather frightening at that.
An act of possession issued by the communal board is legal and will secure your right to ownership. If you select an established communal community and if you carefully choose a person who is naturalized or a citizen of Mexico who has no intention or desire to bilk you out of your property then you will be OK. Honest people exist, in fact many more times than not – the odds are in your favor – again with careful selection. The kinds of problems alluded to in the Viva Puerto magazine are possible yet rare.
At closing your lawyer should have the person acting as a prestanombre sign a limited power of attorney allowing you, the actual buyer, to transact business in the prestanombre’s name. Short of the prestanombre dying the buyer has complete rights to sell the property or place it in another name. Hardly to be likened to soliciting a bum to buy alcohol for a minor.
There are literally thousands of Mexican properties owned via the prestanombre vehicle – most successfully.
There are literally thousands of Mexican properties owned via the prestanombre vehicle – most successfully.
Regarding the prestanombre being illegal – in the strictest sense of the word this is true. I personally have had several Mexican and U.S. lawyers tell me they have never heard of anyone being prosecuted for having a prestanombre. There are situations wherein a buyer will use an acta and prestanombre to avoid the more costly fideicomiso process – definitely skirting the law and not recommended. It is a fact those that try to litigate prestanombre issues will find the courts do not recognize that type of agreement.
Our lawyer also advised not spending money on an agreement between us and the person acting as a prestanombre – again because the courts will not recognize the process as legal and binding. Choosing the right person as a prestanombre is critical.
We did a lot of due diligence during the months leading up to closing our property purchase here in La Punta. I was told by our real estate agent, and I quote, “I´m glad you talked to [the attorney] and have them working for you. It´s all going to work out and your thoroughness will leave no stone unturned.” (Emphasis mine). This hardly reads as if we grabbed a bum off the street to do our transaction for us.
We whole heatedly agree with Schaffer’s advice at the end of the article which reads, “Your best guarantee of the legitimacy of an acta in Punta is to pay for the services of Vicki Cole of Zicatela Properties.” There are others with the skills to negotiate this process and Vicki Cole is a fine example. We also recommend not doing any of this without the services and advice of a Notario (Mexican lawyer).
We are very happy in La Punta, feeling as if it is a very special place. Stay Tuned!
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