| Embarking on the Mariposa Trail Chapter Six |
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| Thursday, 05 April 2007 | |
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This is a continuation of the book by Mari Pintkowski, to read the previous chapters please refer to the links at the bottom of of this chapter. Stories from Tulum: Time to Pay the Piper. We did not hear from Javier (the architect) until February. His wife's email let us know they finally had news for us. She said we had been given a lucky break, as the case was handled in the municipal offices rather than turning it over to the federal environmental agency, Semarnat. Their ruling was to have the retaining wall torn down immediately. This would cost $600 US that included "tips" paid to the inspectors. If this was not enough, another matter was uncovered with our violation. We had damaged the sand dune!
The government was sending out a biologist to examine the damage. We would have to pay for reforesting the dune and the cost, including fines, would be over $ 3,000. We arrived in Playa del Carmen and jumped right into doing business, Mexican style. We discovered that at the notary's office nothing had been done in our absence. The Power of Attorney was not signed. Neither our interpreter, nor the notary was at our scheduled meeting. The next day Lou very confidently said, "Moe, it's time to get our feet wet, and try to get something accomplished on our own." We found Julio, whom we bought the land from, slipping out the back door of his music shop when he saw us approach the entrance. We followed him to the bank and waited to talk to him when he exited. We asked him why he hadn't signed the papers at the notary's office giving us Power of Attorney on our new property and he said, "Relax, you guys worry too much. I will sign the papers tonight." I was inspired by our new-found sense of accomplishment, and said to Lou, "I am going to write out a speech in Spanish for the biologist tomorrow about the damage caused to the sand dune. I don't want Paula and Javier to speak for us this time. It is time that the government heard our voice." Next, we went off to meet an accountant who spoke some English and was supposed to be a reliable businessman. Now that we had a corporation, we needed a Mexican accountant to file monthly reports to the government. He assured us that he could do the necessary work. Contrary to what the notary led us to believe, he said we would need to work quickly in order to have the papers processed in a timely manner. We would have to have a Power of Attorney drawn up by a notary giving Juan the ability to act in our behalf filing papers and paying corporate taxes. I labored over the declaration to the biologist in Spanish, but somehow it came together and we headed south to meet her on our property in Tulum. The tide was full in and the sun stood directly overhead as we got out of our car to confront our first government official. I nervously stated our intention in Spanish. I felt that I was doing well as the biologist kept saying, "uh huh" and nodding her head. I stated that we bought the property on the beach because we were overwhelmed with its natural beauty. We had every intention to keep it that way, and to observe the rules of the country concerning building and planting. I explained that I was a teacher and my husband was a builder. We had worked hard to make this investment. I emphasized that we were not rich, and would do whatever we could to prepare the land for the reforestation to decrease the cost of the project. To our delight she reduced the price to $2,200 and we agreed to move the rocks that were in the planting area. This was no easy task, but Lou and I were both grateful for the discount and the opportunity to work together on the land that would someday hold our dream house. With a glimpse of the turquoise waters and the glistening white sand just beyond our reach, we worked until the sun set in the west. The more people we talked to the more confused we became. All of a sudden, everyone we met had a better notary who could clarify the documents we held for the property. We decided to go to Cancun to meet with an English speaking notary recommended by a friend. He looked over each of our documents and kept shaking his head. He indicated that all our paper work was insufficient, and we had no legal rights to the land. He suggested that we go talk to someone at the American Embassy and they would be able to advise us of what to do next. The woman at the American Embassy concurred with the notary we had just seen. She advised us to press charges against this notary. She could give us a list of attorneys who might take the case. She indicated that his work was fraudulent and this could possibly result in a heavy fine, loss of his license, and possibly a prison sentence. This would probably take years! We knew we did not want to go this route, especially in a country where we didn't even speak the language or understand the laws. I said, "Why not take the notary's suggestion to find Rosario and get her to agree to sign the title over to us once it is released?" What followed was a series of visits to the small Mayan town of Fillipe Carrillo Puerto to meet with Rosario, the original owner of our dream property.......stayed tuned for further chapters of Embarking on the Mariposa Trail.
For previous chapters click here. The book is on sale at Mundo in Playa, Mezzanine Botique and Todo Tulum in Tulum and www.amazon.com or contact us at www.laselvamariposa.com.
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