Squatter issue in Herradura

[haseltine]

Ivanhoe S.A. and Citi Banker Armando Gonzalez called together by new lawyer to resolve the squatter conflict.


This ongoing battle over property in Herradura may be coming to and end. Ivanhoe Investments and Citi Banker Armando Gonzalez have been locked in a fierce battle over a valuable property close to Los Suenos In Herrradura for the past 20 months. Gonzalez' new lawyer Otto Giovanni Ceciliano Mora called together a meeting of the interested parties this past Friday to resolve the conflict. The parties have agreed to agree in good faith and Mr. Ceciliano will become the lead lawyer for the squatter group.

Sheldon Haseltine spokesman for the Ivanhoe group says that he is optimistic.  Mr. Ceciliano has shown a pragmatic understanding of the issues said Haseltine. We look forward to resolving this problem openly and moving forward. It's time that Herradura closed the door on Usurpadore issues and look to the future which should be sunny for everybody if we can work together and develop the community together.

Ivanhoe had accused Citi banker Gonzalez of financing a squatter lawsuit (adverse Possession)  and of writing a "Contrato de Cesion" with the squatter for the proceeds of the trial.  Gonzalez' son Carlos Gonzalez, chairman of Century 21 and Stewart Title had acted for the squatter and this had raised questions as to a conflict of interest.  Haseltine, representative of Ivanhoe has agreed to cease hostilities while negotiations in good faith are ongoing. As long as everyone keeps their word, I see no reason why this issue can't be worked out he said.

[Gary]

Ivanhoe S.A. and Citi Banker Armando Gonzalez called together by new lawyer to resolve the squatter conflict.


This ongoing battle over property in Herradura may be coming to and end. Ivanhoe Investments and Citi Banker Armando Gonzalez have been locked in a fierce battle over a valuable property close to Los Suenos In Herrradura for the past 20 months. Gonzalez' new lawyer Otto Giovanni Ceciliano Mora called together a meeting of the interested parties this past Friday to resolve the conflict. The parties have agreed to agree in good faith and Mr. Ceciliano will become the lead lawyer for the squatter group.

Sheldon Haseltine spokesman for the Ivanhoe group says that he is optimistic.  Mr. Ceciliano has shown a pragmatic understanding of the issues said Haseltine. We look forward to resolving this problem openly and moving forward. It's time that Herradura closed the door on Usurpadore issues and look to the future which should be sunny for everybody if we can work together and develop the community together.

Ivanhoe had accused Citi banker Gonzalez of financing a squatter lawsuit (adverse Possession)  and of writing a "Contrato de Cesion" with the squatter for the proceeds of the trial.  Gonzalez' son Carlos Gonzalez, chairman of Century 21 and Stewart Title had acted for the squatter and this had raised questions as to a conflict of interest.  Haseltine, representative of Ivanhoe has agreed to cease hostilities while negotiations in good faith are ongoing. As long as everyone keeps their word, I see no reason why this issue can't be worked out he said.

[Gary]

Isn't this the guy that Forbes did a piece on? And the same Gonzalez who owns AM-PM and Market Fresh?  If it is, he is the brother in law of the family who owns La Nacion! If it is him it demonstrates that this squatting issue permeates to the very top of  Tico Society.  No wonder Squatting and Usurpacion are an ongoing and permanent problem in Costa Rica. Remember Johnny Araya's wife (mayor of San Jose)  who  claimed she bought a million dollar property in Quepos from an ice cream seller on the beach for $60,000.00! If the well connected are involved in this unsavory racket no wonder that Forbes magazine questions the wisdom of buying property in Costa Rica!  Can you imagine the brother in law of Rupert Murdoch (Fox News, London Times, N.Y. Post) and his family being implicated in a property scam! Of course it will never make the papers here! Is he serious? the chairman of Stewart Title was the lawyer for the squatter!  Doesn't Stewart insure homeowners against this sort of stuff?   No wonder back stateside people tell me to be careful in Costa Rica.

[BUSYBODY]

There is a rumor that high Government officials are finally taking an interest in all the high jinks in Herradura.  And it's about time. There is a cabal of white collar criminal activity in the area.  Apart from 'legitimate' squatters there is an organized element forging, defrauding and stealing titles for profit and this activity it appears is not confined to the criminal classes as evidenced by the original writer's statement.  That this kind of behavior is tolerated (perhaps even winked at by the authorities) is a shocking indictment of the judicial system and until it is forcefully eradicated Costa Rica will continue to have a bad reputation for non existent property rights. That an officer of a  leading real estate company(with the moniker "The most trusted name in Real Estate") and chairiman of Stewart Title is implicated is truly a shock but then again who knows how far the rot goes! Luckily there are in my experience many honest, ethical brokers who more than make up for the few bad eggs in the basket. It surely must be up to the realty industry to moniter itself for failure to do so bring shame and suspicion to all in the business.

[haseltine]

                                                            NEGOTIATIONS TERMINATED

Negotiations terminated after squatter group tried to sell back rights of Possession that they did not in fact own but had sold on two years ago. See letter below from Title holder's lawyer to partners:

"Dear Mr. Henderson.
I am obliged to inform you about the urgent following situation down here in Costa Rica, that I just discovered and wasn’t on the knowledge of Mr. Haseltine, who was mislead by the lawyer of Mr. Armando Gonzalez, (Otto Ceciliano), and Marta Sandoval (the squatter on lot #12), on the last meeting we informed you.
As you remember they agreed to settle for the amount your group wired.
 
The fact is that I discovered Marta Sandoval is no longer the owner of the rights of “posesion”, she sold to her daughter Yalile Sandoval in 2007.  Sheldon was mislead in order to pay some people who are not the owners of the “posesion”.
This haves the stench of an attempt of scam."

This was clearly a dishonest ploy on the part of the lawyer Ceciliano. We do not know whether he was acing on the instructions of his client or was acting on his own behalf.  Our condition of opening a dialogue was that all discussions were to be honest and without subterfuge.  Clearly our counterparts had no intention of acting with good faith and my associates have instructed me as their representative to break off all contact and to pursue our case in the courts here. It is clear from their actions that they never intended to act with any integrity rather they attempted to gain more financincial gain through another illicit act.

[BUSYBODY]

So much for good faith!

Having ''shaken'' hands with the lawyer Celestiano Mora and agreed to negotiate in good faith we were faced with a demand for a buy out by us of about $700,000 plus his 'legal' fees of $36,000.00 As our lawyer remarked it was as if the rape victim was asked to pay for the expenses of the rapist's therapy sessions and the dry cleaning bill for his trousers.

To add insult to injury the squatter who was instrumental in getting us together and now represented by Armando Gonzalaz Fonceca's lawyer had already and knowingly sold on her "posesión" about two years ago and was now negotiating a price on property she no longer ''owned''  Vergüenza is obviously not a word in this group's collective vocabulary.  Quite outrageous and presumably quite "Kosher" to use a phrase Mr. Gonzalez likes to use to justify his wily but no longer covert machinations. To say that this bunch have been caught with their pants around their ankles would be an understatement! Needless to say an unsuccessful attempt at fraud is not a crime here and so this was was a no risk attempt at a rip off! I suppose that Mr. Gonzalez will now be whining that we have been harassing him again (See Forbes article:
http://www.forbes.com/forbes/2008/1110/144.htm)

It's one thing to try and rip off a Gringo, quite another to be caught red handed! It may be quiet in Escondido this weekend.