Boycott Baja

Rumor on the street is Gutierrez has found new investors…suckers…to ‘purchase’ our homes.  How is that possible when he has no right to sell them…oh, yes, I keep forgetting this is Baja, Mexico where the law does not apply.  Apparently my home has a lovely number on it, in fact, all the homes are numbered 1 - 20 and he has posted new signs on the houses.  Don’t know if he is trying to sell them individually or get the best price for the lot.

Anyone know who these investors are?  More than likely they don’t know the real story and are about to be the latest group Gutierrez screws in the name of greed.

As we near the six month mark since our homes have been illegally seized by Pablo Gutierrez, one of my neighbors FINALLY got in front of Mayor Torres of Rosarito Beach.  During their meeting yesterday, he told my neighbor he was aware of our situation, however, there was nothing he could do to help us get the water turned back on for the houses. 

By way of reminder, CESPT is the local water department.  In November, 2007, coveniently timed to coincide with the Thanksgiving holiday, Gutierrez had the city water lines to the houses cut.  Residents have been living there ever since without running water.  When residents complained to CESPT, they were told Gutierrez owed over $30,000 dollars and if we wanted water, we should pay his bill.  We refused.

It is truly amazing to me that Torres, Mayor of Rosarito and owner of the famous Rosarito Beach Hotel and those pricy ocean front condos that amount to nothing more than a hotel room, has no influence with the city water department and would prefer to leave long time residents of his town without a basic life source…water!  Will he take responsibility if a fire breaks out and there is no water?  Doubtful.  Torres, would you tolerate the lack of water in your hotel or in those $500k plus condos your selling to us stupid gringos on the other side of the border?  It is doubtful people would invest in your property knowing you don’t even have the power to turn on the water.

The verdict is still out on whether Torres is “in bed” with Gutierrez.  Many have denied the investor relationship, although others have confirmed it.  During the meeting, Torres quickly stated he had no business relationship with Gutierrez but then went on to ask us if we had tried to ‘negotiate’ with Gutierrez to have him buy us out of our homes.  Was this an “in the know” suggestion or something he said to get us out of his office?

As usual in Mexico, you never know who or what to believe and the more absurd, the closer you get to reality.

I am not remotely qualified to comment on the legalities of Gutierrez’s actions. I am merely a gringo living near “Baja Tradewinds,” and I do not know shinola about real estate law in Baja California. The only comment I can offer is that people with money and connections can do practically anything they want. Gutierrez has both. That how the “system” works here.

May 10^th – Residents in Baja Tradewinds were advised that they could re-enter their homes and Rosarito Police were contacted, stating they would support the effort.  Instead, Gutierrez showed up with his workers, threatened the residents, one of whom was chased down the street by a worker in a pick up truck who repeatedly yelled obscenities and called the woman “pollo” (chicken).  The woman was walking in the street when the pick up truck headed towards her.  In spite of the fact that neighbors had all their documentation supporting that they should be back in their homes, Gutierrez convinced police to charge three individuals with trespassing.  The three men were taken to the Rosarito Police Department and held for hours until the Municipal Court Judge was convinced that the charges should be dropped. Residents were advised to report the incident and file additional charges with the PJGE, the District Attorney equivalent in Rosarito Beach.  Residents waited hours only to meet with a police officer who told them to return the following day.  On Sunday, May 11, the residents appeared at PJGE, however, Gutierrez was there demanding charges be reopened against the three individuals for felony trespassing.  It should be noted that no trespassing ever occurred.  How do you trespass in your own home? Without any representation, the residents decided to hold off on making any statements or pressing charges against Gutierrez until attorney representation could be obtained.

Residents of Baja Tradewinds spent months earlier this year meeting one by one with Serrano, the prosecutor in Tijuana, presenting evidence to support several criminal charges against Gutierrez.  It has been almost six months, what is taking so long?  We have proof in writing, original documents proving Gutierrez has no rights to the homes, the homes were never abandoned as he claims, and we were not squatters! 

The endless stall tactics are not working, we are not giving up until we get our homes back, Gutierrez is in jail and we get damages for our stolen property.

Update March 8, 2008 – On Friday, March 7, Gutierrez’ workers took over another home, looting it and even removing all the windows.  They told some witnesses that they plan to tear down all the homes during the next few weeks, although this matter has yet to be decided in the Mexican court system.  The Rosarito Police Department was contacted twice but never showed up to help the occupants and stop the looting.

BOYCOTT BAJA was started to raise awareness of the real estate market in Northern Baja which comprises Tijuana, Tijuana Playas, Rosarito Beach and Ensenada.  There are several scams targeting “rich Americans” in the area and the law for real estate and property ownership is not the same as the United States.  Corruption is rampant and many previous Americans have been burned by fraudulent real estate deals.  In this case, however, occupants of the homes have been there for over thirty years and have been told that they do have a legal right to be in the homes and that no one has any right to come in, take possession or steal and destroy personal property.

The development of Baja Tradewinds, located in Rosarito Beach, Mexico, is the focus of the latest illegal property seizure in the area. The illegal seizure was conducted by the residential land developers of Rancho Del Mar. The Gutierrez brothers Pablo and Luis illegally seized several homes of Americans and Mexican-Americans on the afternoon of December 27, 2007 claiming the houses were abandoned. They changed the locks, stole thousands of dollars in liquor, money and electronics, destroyed property then had their workers take up residence in the homes and guard against entry by the homeowners. Personal threats against the homeowners have been made and homeowners have been told if they try to enter their homes, they will be arrested.

The illegal seizure was conducted in concert with Mr. Cachu from the SEMARNAT organization, headquartered in Mexico City. SEMARNAT is the government agency that regulates the use of land considered to be in the Federal Zone. The Federal Zone is land that is owned by the Mexican government and which is granted rights of use, or concessions to those living on the land. Fraudulent documents were presented and signed during a time when the Mexican government closes for the holiday season; December 21 – January 7; rendering homeowners helpless.

NBC San Diego ran our story on Sunday, February 17, 2008 and CBS Radio out of Los Angeles recently aired our story on Wednesday, February 20, 2008.  Information has spread quickly on the Internet throughout the United States and Mexico.

To date, homeowners have contacted the Tijuana Tourism Board, the Rosarito Tourism Board, Mayor Hugo Torres of Rosarito Beach, the Mexican Consulate and several attorneys. Each homeowner has provided evidence and testified to the damage to the Federal Prosecutor in Tijuana who should be investigating and pressing criminal charges against SEMARNAT and Pablo and Luis Guiterrez. Yet, homeowners are being treated like criminals, instead of victims. Although contact has been made with the office of Governor Arnold Schwarzenegger, Senator John McCain, the United States Embassy and President Calderone’s office in Mexico City, there has been no response or offer of assistance. The United States Consulate in Tijuana has been looking into the situation.

Media Contact: Contact Luis Vera, attorney at lrvera@vc.com.mx for further information.

American Homes Illegally Seized in Rosarito Beach, Mexico

(Rosarito Beach, Baja California, Mexico) Pablo Gutierrez, developer of Rancho Del Mar, is in a battle with existing homeowners over concession rights for the land and occupation of historic homes that line the oceanfront.   On December 27, 2007, Gutierrez illegally seized many of the homes claiming he had concession rights to the land and residents were illegally occupying the homes located in the Federal Zone. Gutierrez accomplished this act by presenting fraudulent documents to officials during a time when government offices closed for the holidays and residents could take little action to defend their rights.

The day the illegal seizure occurred, a retiree who lives in the area had left her home to run errands only to find upon her return a roadblock, police and security present, and house alarms going off. “It was absolute chaos!” she said. They would not allow her access to her home even though she needed medication and pets were in her home.

In addition to the illegal seizure and inability to access the homes for almost two months, property owners have had to watch helplessly as workers of Gutierrez vandalize and loot the homes.  Water tanks have been stolen, property damaged and locks changed. Many owners have had cash, expensive liquor, electronic devices and appliances stolen.  Some neighbors estimate damages to be in excess of $50k.  “If you want to have a legal fight over land use, that is one thing, but to vandalize, steal property and make personal threats, is quite another,” a resident commented.  Many of the homeowners, both Mexican and American, built these houses and have lived in the homes for over thirty years.  

One long-time resident said,

“The houses are a unique testament to a long forgotten history of what made Rosarito Beach famous…before the concrete towers littering the coast were erected. We all know each other, our neighbors are our friends, and we grew up together and watched each others children grow. We have many wonderful memories of our times here and that is something no one can take away from me or my family.”

Homeowners have experienced continued harassment from Gutierrez. In November 2007, the public water lines were vandalized. The water lines are the property of CESPT, the city water department and run underneath Gutierrez’ property and the Federal Zone. It is the only source of water in the area. Many residents arrived the Wednesday prior to the Thanksgiving holiday to find no running water in their homes. An eyewitness said, “Gutierrez was on the property laughing as we arrived.” Employees of CESPT met with residents and told them that Gutierrez owed several thousand dollars to CESPT and that the residents should consider paying Gutierrez’ bill to get the water lines fixed. Residents were outraged and opted to fill the water tanks in their homes. As an act of protest, many have chosen to close their accounts with CESPT due to their lack of assistance, CESPT’s refusal to fix public water lines and the blatant corruption that exists.

Gutierrez has made false claims that he owns the public access road and has branded the public beach entryway as Rancho Del Mar. According to public records, the area has long been known as Baja Tradewinds. The long-standing presence of public utilities such as water, telephone and streetlights is clear evidence that this road is and has always been considered a public easement and right of way for many years, stated attorney Luis Vera. Yet, Gutierrez has blocked several attempts by homeowners to pave the dirt access road to the homes by falsely claiming ownership rights. He has now stated that he will proceed with closing the road, although he has no right to do so.

Luis Vera, an attorney out of Mexico City, is handling the concession portion of the case and has evidence to support Gutierrez bribed an employee of the federal agency who is now facing criminal charges and jail time. Criminal and civil charges including assault, battery, intentional infliction of emotional distress, harassment, trespass, burglary, theft, vandalism, illegal seizure of property, fraud and bribery are pending against Gutierrez by the homeowners.

Gutierrez is hurting his own neighbors and the local economy through his actions. Gutierrez actions have a direct, negative impact on hard working Mexicans who want to support their families. The residents who live in this area support repair people, construction workers, security guards, and many local shops in the area.

Media Contact: Contact Luis Vera, attorney at lrvera@vc.com.mx for further information.

Homes of Americans in Rosarito Beach, Mexico
Illegally Seized by Gutierrez

(Rosarito Beach, Baja California, Mexico) Pablo Gutierrez, developer of Rancho Del Mar, is in a battle with existing homeowners over concession rights for the land and occupation of historic homes that line the oceanfront. Around the Christmas holiday, Gutierrez illegally seized many of the homes claiming he had concession rights to the land and residents were illegally occupying the homes located in the Federal Zone. Gutierrez accomplished this by presenting fraudulent documents to officials during a time when government offices closed for the holidays and residents could take little action to defend their rights. Homeowners, both Mexican and American, built these houses and have lived in the homes for over thirty years.

Luis Vera with the law firm of Vera, Carvajal & Sosa, S.C. in Mexico City, is handling the concession portion of the case. He has evidence to support the following legal actions against both the Mexican environmental authority (SEMARNAT) and Pablo Gutierrez:

• Administrative denunciation for criminal liability against the Head of the Legal Office of SEMARNAT’s Delagation in Baja California, Mr. Cachú, due to the following irregular acts:
  • Delivery of a concession title to Gutierrez that was annulled by a judge in 2006.
  • Delivery of the concession title in non working days.
  • Conspiracy in corruption acts as Gutierrez’ lawyer is the brother of the Head of the Legal Office of SEMARNAT´s Delagation in Baja California, Mr. Cachú
  • Criminal charges against the Delegate in Baja California and Gutierrez for damages to all house legal occupants.
  • Criminal charges for non–compliance with an order of the judge against the Delegate and Mr. Gutierrez.

Charges of assault, battery, intentional infliction of emotional distress, harassment, theft, vandalism, illegal seizure of property, fraud and bribery have been filed against Gutierrez by the homeowners.

Homeowners are boycotting travel to Rosarito Beach and support of businesses in the area until this matter is resolved. Gutierrez actions have a direct, negative impact on local Mexicans. The residents who live in this area support, construction workers, security guards, housekeepers, local markets and restaurants. Tourism is at an all time low in nine years and businesses are suffering. “It is incredibly stupid to alienate us, we are the backbone of the economy,” stated one homeowner.

None of us expected to hear the shocking news on December 27, 2007.  I happened to be in Las Vegas for the holidays, but had just spent three weeks at my home in Rosarito Beach.  In fact, I had just finished some renovations on my home and had a new garage door installed.  That afternoon, I heard news I never thought possible.  One of my neighbors phoned, he was frantic.  He told me that the Rosarito Police were everywhere on the street, that Pablo Gutierrez was there as well as some other agency representatives that we later found out were from SEMARNAT, the agency who apparently authorized the taking of our homes.  They had broken into ten homes, changed the locks and proceeded to put up signs stating the homes were now property of Rancho Del Mar.

One of my neighbors, a 70-year old widow, lives there full time and has for the past twenty years.  She had been out for the day and upon her return, Gutierrez would not let her back in her home for her pets, her medication or her husbands ashes.  Several other retirees in the area lost their homes that day…the only homes they have.  For them, this was a retirees dream, low cost of living, access to prescriptions with inexpensive health care and an endless view of the Pacific Ocean. 

For others, this was the home we never thought we could have…many of us only dreamed of owning a beach house someday.  And, it was the full time residence for young Mexican families, our friends and neighbors, raising their children and trying to support their families on the grossly low wages paid in Mexico.

Many of the home owners have lived in these homes for over thirty years.  They built the homes, pulled permits for the access road, water lines, and other utilities.  They have had generations of family at their beach houses sharing wonderful memories and watching their children grow. 

Our street is one of community and diversity living in harmony.  Mexicans, Americans and Mexican - Americans working and living together in a small slice of paradise, enjoying the wonderful relaxed lifestyle, food, culture and traditions that make Mexico so welcoming.

On December 27, 2007 everyone realized their dream of paradise had turned into a nightmare.