Help needed from this DR1 lawyer

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niceguy

New member
Aug 6, 2011
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Good morning , ive been reading this forum for some time and i find that i really need some help on something. Here is the background

I bought some land just before the deslinde process came into effect
My lawyer (A) obtained a proper title (original) from the seller
i by chance spoke to some real estate people who told me my land was owned by someone else and i should go to my lawyer (A) immediately.
i later noticed that the survey did not match with the land i was shown by the real estate agent i bought it from. That agent has stated he was shown the land to sell by the seller. Despite this land not matching what is shown on the survey.

I told my lawyer (A) about this. She confronted the seller who immediately said he would pay me back. I even have emails from him saying he would pay me back.

I launched legal action based on not receiving something for my money. My lawyer im using said she has discovered that there is NO land and the seller has obtained a FAKE (original)document. The seller has NEVER shown me the land over the last few years .... NEVER. So this made it hard to deslinde, as i dont know its location.
I have just gone to court and lost as the judge says the seller and my self had a contract and he found it to be correct. Even so i still do not have any land in my possession.
my lawyer said unless the seller shows the land for sale there is NO way we can locate the land via other means/government

Questions
How do i find my land?
How do i force the seller to show the land , once he does this if it is not his land we can quickly prove his criminality ( i assume)
My lawyer has found information saying that there really is no land but the court rejected her argument.
we are mounting a second legal challenge
Please is there some way you can help me find my land..... other than use the seller who refuses to show where it is?

I hope you can help me
 
B

Bigocean

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Nov 25, 2010
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How long ago did you buy this land that there did not exist deslindes? I purchased a property in 1992 and required a deslinde to close so I know that they at least existed at that point. Anyway, I feel badly for you but and very confused about a number of issues, mainly concerning the due diligence of your lawyer (A) and yourself as to your due diligence prior to purchase. It almost sounds like you need to sue your own lawyer.
 
K

Ken

Platinum
Jan 1, 2002
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I wonder if your lawyer did the sort of job that should have been done. Did she just obtain a copy of the title, or did she also go and compare the title with the documents on file in the land court to determine if it was valid. I agree with bigocean that it sounds like due diligence was lacking on the part of your lawyer.

Any chance your lawyer may be part of what sounds like a scam?

Regarding your problem and your plea for help, I am sure you will get a response from Fabio Guzman, but to get the sort of help you need I think you will need to engage his firm. He answers our questions, or most of them, but for help that deals with solving problems, this is beyond the scope of what he does for us.

It sounds to me that you need competent help.
 
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K

Ken

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Jan 1, 2002
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Another way to find out what they can do for you if you are their client is to go to the Guzman's website. click on contact us, and fill out the form. Guzman Ariza Law Firm in the Dominican Republic You could put the same message there as you did here.

In what part of the DR is the land supposedly located? What court heard your complaint?
 
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Chip

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Jul 25, 2007
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Santiago
I'm sorry for the OP but references here in the DR for anything are golden for Dominicans and foreigners. Cold calls to realtors and lawyers is just a crap shoot with similarly predictable results unfortunately.
 
N

niceguy

New member
Aug 6, 2011
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Ken said:
I wonder if your lawyer did the sort of job that should have been done. Did she just obtain a copy of the title, or did she also go and compare the title with the documents on file in the land court to determine if it was valid. I agree with bigocean that it sounds like due diligence was lacking on the part of your lawyer.

Any chance your lawyer may be part of what sounds like a scam?

Regarding your problem and your plea for help, I am sure you will get a response from Fabio Guzman, but to get the sort of help you need I think you will need to engage his firm. He answers our questions, or most of them, but for help that deals with solving problems, this is beyond the scope of what he does for us.

It sounds to me that you need competent help.
Click to expand...


regarding my lawyer (A)being part of a scam; well its been suggested to me before. She claims to have been to the land title office to verify if all is okay *3 time. All was well she told me. i do not know if she was part of a scam


You know, she is a very prominent lawyer in POP, she came highly recommended and that is why i used her. Speaks english too which is helpful. Funny thing, after all this happened i hear from real estates up and down the POP coast line that she is sloppy, very sloppy out of the 10 real estates i visited they all shake their heads in dismay when i bring up her name. I wished to god i had never used her.

As soon as i discovered something wasn't right with this sale... she then stated that she had 'chased this seller' for a small amount of time and then she said to me "I am losing money (chasing this matter) as if to say "F#$k off im busy you are on your own now" i never heard from her again , not a phone call to see how things were going.... nothing

The thing that makes me ill is that she claims that she is a legend and that everybody loves her as a lawyer. Now to be clear i dont know if she did anything wrong, i know i did not receive land after using her services. Despite paying her! I wish i could warn others to not use her services so i will do that privately.
 
N

niceguy

New member
Aug 6, 2011
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Ken said:
Another way to find out what they can do for you if you are their client is to go to the Guzman's website. click on contact us, and fill out the form. Guzman Ariza Law Firm in the Dominican Republic You could put the same message there as you did here.

In what part of the DR is the land supposedly located? What court heard your complaint?
Click to expand...

POP courts

The thing is that this seller in the past years despite my requests has NEVER shown me where the land is located. I mean the real estate guy did when i first saw the land ... but this wasnt the block on the survey (which i found out later) . So i was shown the wrong land. Purchased it, after trusting the seller that this was indeed the block for sale. The real estate guy was helpful and complied with all legal requirements ( and he didnt have to do this, he has agreed to support us still in trying to prosecute this seller). It was a lot of money, i fortunately can cope with this loss of money but if the land is located 'somewhere' then where the hell is it?" And no one can tell me this. Again im quite lucky i can sustain this financial loss, my current lawyer is awaiting my directive to prosecute this man and i plan to do this even if i don't get my money back.
Thanks for your feedback everyone
 
C

Criss Colon

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Jan 2, 2002
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yahoomail.com
That's Why They Sell "Title Insurance"!

Anyone buying land keep that in mind!
CCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCc
 
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Chip

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Jul 25, 2007
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I think if your lawyer is giving you the brush off she was definitely in on the scam as it just boggles the mind that they would not compare the survey with the title.

I base this fact that I have the copy of the title of my house and for a survey of a clients's property(I'm an engineer/builder) and it clearly states on both documents the lot(parcela, solar) and block (manzana)number. This is elementary stuff that any recent graduate engineer, surveyor or lawyer would check.
 
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carib

New member
Jul 16, 2002
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TITLE insurance
why would anyone consider a purchase without a title policy??????????????????????????????????????????????????????????????????????????????????????????????
carib
 
N

niceguy

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Aug 6, 2011
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the land i was shown was a fenced off block . My lawyer 'A' at that time reports the land to be part of a larger block and it needed to be marked off/sectioned off because i bought some of it. This didnt make sense as it was already fenced off

Later by chance i went to a real estate agent to monitor my land value and she said "i dont think you own that land etc" She owned the blocks next to "mine" and she pulled out a map of all lots in Encuentro beach 'each of these lots was numbered'

Is there anyone here familiar with Encuentro beach, please if you can help even in the smallest way drop me an email. If you know of any owners in the following area please have them contact me. This will help me perhaps work out maybe where my land is, IF it exists at all.

The sellers family name begins with "A" He is a Dominican and apparently has a large lot in encuentro somewhere. I bought some land IN this lot, but he refuses to state where it is.

I bought a lot and it is along the far east side of encuentro beach. That is to say, as you drive down to the restaurant turn right and drive 30-40 metres and then turn right again. My lot is now on your right the lots begin from 173, through 182. I was shown a block in this strip from 173-182.

I guess the bastard that did this to me thinks he's smart. I have learnt that these people eventually come undone. He will never ever enjoy my wealth and happiness this being my comfort. They eventually get whats coming to them. Not by me of course, but life will sort him out.
 
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Chip

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Jul 25, 2007
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Santiago
It's fairly apparent you were scammed, from the attorney who didn't compare the title to the owner who won't state where the lot is.

If you have the title in hand (I have a legal title to my home for example) the lot and block will be labeled and you don't need any worthless sob lawyer or owner for that matter to find it - only a reputable surveyor. Contact me and I will give you his contact info.
 
cobraboy

cobraboy

Pro-Bono Demolition Hobbyist
Jul 24, 2004
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carib said:
TITLE insurance
why would anyone consider a purchase without a title policy??????????????????????????????????????????????????????????????????????????????????????????????
carib
Click to expand...
Almost unheard of except in few circumstances.

This ain't Kansas, Bubba...
 
R

rubio_higuey

Gold
Feb 7, 2007
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625
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carib said:
TITLE insurance
why would anyone consider a purchase without a title policy??????????????????????????????????????????????????????????????????????????????????????????????
carib
Click to expand...

Fro example, because Stewart Title Intl's. services in the DR are practically worthless, when you read the fine print and all conditions and strings attached. When you do a deslinde you are "almost" bullet-safe. For that reason deslinde takes time and money, but it's well worth it. I would rephrase your question: instead of "why would anybody consider buying a land without title insurance" into: "why would anybody consider buying a land without deslinde"?
 
S

Sellmore

Banned
Aug 8, 2011
22
0
0
niceguy said:
Good morning , ive been reading this forum for some time and i find that i really need some help on something. Here is the background

I bought some land just before the deslinde process came into effect
My lawyer (A) obtained a proper title (original) from the seller
i by chance spoke to some real estate people who told me my land was owned by someone else and i should go to my lawyer (A) immediately.
i later noticed that the survey did not match with the land i was shown by the real estate agent i bought it from. That agent has stated he was shown the land to sell by the seller. Despite this land not matching what is shown on the survey.

I told my lawyer (A) about this. She confronted the seller who immediately said he would pay me back. I even have emails from him saying he would pay me back.

I launched legal action based on not receiving something for my money. My lawyer im using said she has discovered that there is NO land and the seller has obtained a FAKE (original)document. The seller has NEVER shown me the land over the last few years .... NEVER. So this made it hard to deslinde, as i dont know its location.
I have just gone to court and lost as the judge says the seller and my self had a contract and he found it to be correct. Even so i still do not have any land in my possession.
my lawyer said unless the seller shows the land for sale there is NO way we can locate the land via other means/government

Questions
How do i find my land?
How do i force the seller to show the land , once he does this if it is not his land we can quickly prove his criminality ( i assume)
My lawyer has found information saying that there really is no land but the court rejected her argument.
we are mounting a second legal challenge
Please is there some way you can help me find my land..... other than use the seller who refuses to show where it is?

I hope you can help me
Click to expand...


Report her to the College of Lawyers :

Info@card.org.do Tel# : 809-682-4042

They will help you
 
N

niceguy

New member
Aug 6, 2011
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this lady has contacts and is very prominent. I prefer to just get my money if possible and go about my business. Plus i have no evidence she did something wrong other than the fact that "I dont have any land for my money"

hey thanks all, this was the last input by me as i am now about to try one more time and then i will try to prosecute him. its a shame though, all he had to do was pay me back and i could forgive him but now.... i will chase him in the courts..... because i can. Maybe i will lose... probably. But i know his legal expenses will be hefty too and for a dominican -2-3 grand is a ton of money
 
S

Sellmore

Banned
Aug 8, 2011
22
0
0
niceguy said:
this lady has contacts and is very prominent. I prefer to just get my money if possible and go about my business. Plus i have no evidence she did something wrong other than the fact that "I dont have any land for my money"

hey thanks all, this was the last input by me as i am now about to try one more time and then i will try to prosecute him. its a shame though, all he had to do was pay me back and i could forgive him but now.... i will chase him in the courts..... because i can. Maybe i will lose... probably. But i know his legal expenses will be hefty too and for a dominican -2-3 grand is a ton of money
Click to expand...

You are missing out - You are not the only person with a problem with this Lawyer and her friends if she is the (A) you suggest, who speaks English. Report her to the Bar Association. I know several people who have lost money with this one - if the (A) is the one. Can you explain a little more as to who this person is?
 
K

Ken

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Jan 1, 2002
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Sellmore said:
You are missing out - You are not the only person with a problem with this Lawyer and her friends if she is the (A) you suggest, who speaks English. Report her to the Bar Association. I know several people who have lost money with this one - if the (A) is the one. Can you explain a little more as to who this person is?
Click to expand...

You should send him a PM. He is not going to want to go into detail in a public message board.
 
I

imafreakinggod

Banned
Nov 10, 2010
146
2
0
Sellmore said:
You are missing out - You are not the only person with a problem with this Lawyer and her friends if she is the (A) you suggest, who speaks English. Report her to the Bar Association. I know several people who have lost money with this one - if the (A) is the one. Can you explain a little more as to who this person is?
Click to expand...

all i can say is i no longer drink rum
 
J

JuanDolioLiving

New member
Sep 7, 2010
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I am a realtor in Juan Dolio and when an owner of a property come to my office wanting me to sell his or her property the first thing that I ask for is the title and then I ask them if the title is clear and to go and show me were the property is located also I do my work on my part by going to the title register and get the actual map that they have there which cost about 300 pesos. With this map and then after checking out that there isn't any opposision in selling the property I proceed. My friend is been proved here by what you have said that your lawyer did not do her job or maybe part the whole scam. good to you and you should try a higher land court if necesary go to the one in Santo Domingo because the seller cannot sale you something that is not his and if he did then he should be going to jail for that.
 
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