Legal Question in Real Estate Law in California

I haven�t seen or heard from my ex or her relatives in many years. During this time, I have been stuck paying monthly payments for land in Mexico (Baja CA). I contacted the Mexico property management and ask them to help me sell it but they want her signature to quick claim the properly so what can I do?


Asked on 2/22/10, 10:44 pm

2 Answers from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Does your divorce decree make any reference to the property? A court order awarding the property to you might be helpful.

Next, there may be an issue here as to the legal nature of your "property" in Mexico. It could be that you own the land and are making payments on a note secured by a Mexican mortgage on the land. Or, it could be that you are not yet the owner of an interest in Mexican land, but merely making payments on a contract with a company, probably in the United States, that entitles you to land, or the use of land, after the payments are all made. Due to the impact of Mexican laws limiting foreign ownership of certain land, and the fact that even in the U.S. deals like this are often "contracts for sale" rather than sales with financing attached, it is hard to say whether your claim falls under Mexican law or U.S. law.

I think the cheapest way to handle this is to use an investigator or attorney to locate your ex or a relative who can pass along messages. In fact, I could give this a try for you, if you contact me directly. I'll then give you a short list of info that will help me set up and run a computerized search, at no charge.

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Answered on 2/28/10, 10:22 am
Terry A. Nelson Nelson & Lawless

Hire a Mexican attorney if you need to take legal action there to quiet title, or whatever process they may have. Hire a private investigator to find her if necessary, then try to negotiate a deal with her to sign off in return for whatever you two agree upon.

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Answered on 2/28/10, 1:54 pm


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