home being "taken" by government in GTO?

[tjrosa]

Our neighbor here in Albuquerque, NM knows tht we live part time in Guanajuato (actually Santa Rosa). He was in line at Home Depot a few days ago and a gentleman behind him was telling a friend that he "lost his home in Guanajuato, that the Government had taken it". He explained that he had a really nice home there, but that "whenever a government official decides they want your home, they just take it". He said he had been paid for the home by the government but less than he had paid for the home. Our neighbor heard the man mention Guanajuato a couple of times so that is why he listened carefully. The man also said that "there are lots of gringos who live in Guanajuato and this happens a lot. We think this is all a big fat lie but we are curious if anyone has heard anything like this. Thanks, Rosa and Paco

[meroberts]

Sad story but potentially true. I believe that the Mexican Government ?CAN AND WILL? take our properties (not just from foreign owners) whenever they need them for new roads or other construction projects. Doesn?t this happen in other countries? However, some of these plans may have been in the making for years and may also take years to come to fruition. FYI, in some cases, the sellers already know this, and perhaps the reason for selling. ASK before you buy!

Here is the link for the ?Departamento de la Propiedad?. I believe you can now check city planning online. If not, consult with a professional regarding your current and/or future property/ies. Cost of a professional is relative?

(http://transparencia.guanajuato.gob.mx/d..._mun_id=15)

I DO NOT BELIEVE that the Mexican Government will arbitrarily take our property unless there is a crime involved (or political upheaval - hardly ever). In exchange, they will also offer an amount of money that they consider "a fair value" for our property. Sometimes they will even offer more. We have to consider that what we pay for our home/land is a private contract and not the government?s fault.

This is one of the reasons why I recommend to clients who consult with me to be cautious before signing the bottom line. We have to do our homework or pay someone to do it for us. Ask your realtor or direct seller, to work with you.

I believe that we have a responsibility to do our homework, realtors have a responsibility to protect our "assets", and the list goes on. Have a ?check list? of whatever you might think could be potential present and/or future problems. I also believe that we have the right to ask for documentation IN WRITING in order to ensure that our property/ies are free from those potential problems. Believe me, I HAVE LEARNED!

[tjrosa]

Thanks for your input. And yes, I am sure Mexico has some form of "eminent domain" laws. It could be that this gentleman found himself in that kind of situation; that was not the implication, however. So we were just curious if anyone had heard of anything like this. I agree that we all run the risk of having our property confiscated at the political whims of the government in power, but I do not believe it has gotten that bad in Guanajuato.

[The Duck]

Have you heard the one about "You don't have to pay taxes if you still have re-bar coming out of your roof"?

I don't believe the property seizure/forced sale/coerced sale story as told. There has to be more to it, an other side that's not being told. Was it ejido land? Was there a faulty escrirtorio? [and if so the Notario could be held liable] Was there a public purpose being served that required the land being taken? In the 15 years I've lived here I've never heard of this happening -why not Google it or look on the larger Chapala or San Miguel boards to see what comes up? In the meantime I wouldn't lose any sleep over the story.

And its not true about the re-bar and taxes

[tjrosa]

Hey "Duck", thanks. We won't lose sleep as, like you, we assumed that must be more to the story ... just thought we'd ask those in the know -- such as yourself who have lived there for many years. Muchas Gracias!

[WRT]

Anyone can do this very easily and in any part of Mexico by simply looking up properties that have not paid their predial tax for more than 1-2 years. Then you basically being paying the tax and hire a caretaker to live there for a year, change the locks, after sometime you can begin changing the deed into your name. Of course there is probably another deed somewhere floating around, but its Mexico.

I personally know of 1 large home in the Valenciana area that was aquired like this, the real owner a vet who passed away offered the house to his kids in the USA but they never took it. I even have utility bills of that home, since I had keys. My late uncle another old school vet was taking care of the home for him for several years.

There are also situations that a property was passed on to a family member who left to live in the USA and when he returned to GTO, his property was already owned by someone else. 2 deeds but who to believe. The state takes the word of the one paying the predial tax.

Keep your receipts and you should be ok.