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The Law of Aguinaldo

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YEAR: 3 Nº: 71 PUBLISHER: Hally J. Productions S. de R.L. EDITOR: Gari-Ellen Donohoe December 13th, 2011 Continues on page 18 Continues on page 6 The Law of Aguinaldo US Ex-Pats Get a Chance to Tell Mexican Government Representatives What They Want and Need Local artists and community members, including Frank Hills, Thomas Ireton, Mala Sorhuet, Andre Prefontaine, Lucia Frausto and Juan Manuel Velazquez Lopez along with several school children are on hand to help inaugurate the very first “Urban Runway” project on 5 de Febrero and Calle Rangel. The mural is named Mural de Héroes Marinos. Story on page 4. Photo courtesy of Francisco Solis. Susan Fogel “Mi Casa es Tu Casa are words imprinted on our DNA,” said President Felipe Calderon. And Maestra Gloria Guevara Manzo, the Secretary of Tourism for the Mexican Government, emphasized this in her opening words to the 46 delegates representing major centers for American retirees. At the first annual Expat Forum, her mission is to welcome people to Mexico and to truly make her home their home. Many of you may recall reading in this paper that the International Community Foundation (ICF) surveyed US ex-pats about why they came to Mexico and what they want to do here. Several La Paz citizens took part in the survey and follow-up focus groups. The results of these surveys reached the eyes and ears of President Calderon, and he took them seriously. The Mexican Government wants foreign retirees here and they want to make them welcome; he wants to know what his government can do Les Carmona Roughly 90 years ago, Mexico adopted the law of Aguinaldo, the formal payment of Christmas bonus. As part of the framework of the constitution adopted in 1917, the worker suddenly gained the right to be treated as a freeman instead of a virtual slave to the wealthy few. One of these benefits was the annual payment of extra money at Christmas time. The concept of Aguinaldo is not unique to Mexico. In some Caribbean and Latin American countries, the Aguinaldo is a token payment given to Christmas carolers, or even the name given to the songs themselves. The custom traces back to the three kings, who brought gifts to the baby born in the manger. In early 15 th century Spain, the practice became the duty of the citizen to pay to the royalty, the disciple to the master and the faithful, to the Church. Thus, written into the post-constitution anti-church labor laws, the Aguinaldo became the burden of the employer. The payment of Aguinaldo is mandatory, due by December 20 th every year and must be paid in cash. Food baskets, gifts or warm clothing do not fulfill the requirement although are a much appreciated addition. Domestic workers, those who clean the home or tend the garden, are not exempt from Aguinaldo, although many foreigners do not know how to properly calculate the amount due. A full-time salaried worker receives 15 days pay but for the maid or caretaker, you need to do the math. To calculate the amount for a part-time employee, divide the number of days worked during the past year by 365. Multiply that figure by 15 x the daily salary to determine
Transcript
Page 1: The Law of Aguinaldo

YEAR: 3 Nº: 71 PUBLISHER: Hally J. Productions S. de R.L. EDITOR: Gari-Ellen Donohoe

December 13th, 2011

Continues on page 18Continues on page 6

The Law of Aguinaldo

US Ex-Pats Get a Chance to Tell Mexican Government Representatives What They Want and Need

Local artists and community members, including Frank Hills, Thomas Ireton, Mala Sorhuet, Andre Prefontaine, Lucia Frausto and Juan Manuel Velazquez Lopez along with several school children are on hand to help inaugurate the very first “Urban Runway” project on 5 de Febrero and Calle Rangel. The mural is named Mural de Héroes Marinos. Story on page 4. Photo courtesy of Francisco Solis.

Susan Fogel“Mi Casa es Tu Casa are words imprinted on our DNA,” said President Felipe Calderon. And Maestra Gloria Guevara Manzo, the Secretary of Tourism for the Mexican Government, emphasized this in her opening words to the 46 delegates representing major centers for American retirees. At the first annual Expat Forum, her mission is to welcome people to Mexico and to truly make her home their home.

Many of you may recall reading in this paper that the International Community Foundation (ICF) surveyed US ex-pats about why they came to Mexico and what they want to do here. Several La Paz citizens took part in the survey and follow-up focus groups.

The results of these surveys reached the eyes and ears of President Calderon, and he took them seriously. The Mexican Government wants foreign retirees here and they want to make them welcome; he wants to know what his government can do

Les Carmona

Roughly 90 years ago, Mexico adopted the law of Aguinaldo, the formal payment of Christmas bonus. As part of the framework of the constitution adopted in 1917, the worker suddenly gained the right to be treated as a freeman instead of a virtual slave to the wealthy few. One of these benefits was the annual payment of extra money at Christmas time.

The concept of Aguinaldo is not unique to Mexico. In some Caribbean and Latin American countries, the Aguinaldo is a token payment given to Christmas carolers, or even the name given to the songs themselves. The custom traces

back to the three kings, who brought gifts to the baby born in the manger. In early 15th century Spain, the practice became the duty of the citizen to pay to the royalty, the disciple to the master and the faithful, to the Church. Thus, written into the post-constitution anti-church labor laws, the Aguinaldo became the burden of the employer.

The payment of Aguinaldo is mandatory, due by December 20th every year and must be paid in cash. Food baskets, gifts or warm clothing do not fulfill the requirement although are a much appreciated addition. Domestic workers, those who clean the home or tend the garden, are not exempt from Aguinaldo, although

many foreigners do not know how to properly calculate the amount due. A full-time salaried worker receives 15 days pay but for the maid or caretaker, you need to do the math.

To calculate the amount for a part-time employee, divide the number of days worked during the past year by 365. Multiply that figure by 15 x the daily salary to determine

Page 2: The Law of Aguinaldo

December 13th, 2011 2

Hello folks!

It’s Christmas time in La Paz, and even though we don’t have the snow, we do have the cold weather. Time to bring out those sweaters and extra blankets and the ice skates. The ice skates?

Have you checked out the new skating rink in front of the Municipality of La Paz offices on Luis Donaldo Colosio, between Carabineros and Ave. De los Deportistas? With these chilly

winds and my switch from frappes to hot chocolate, I guess what is wrong with having a skating rink in La Paz – other than not being able to actually buy skates in the city?

As a gift to the citizens of La Paz, Mayor Esthela Ponce is treating her constituents to a month of skating on ice; a first is this desert town. According to officials, very little of the cost of the ice

skating extravaganza is being billed to local taxpayers. So naysayers who wish the city would spend money on other things, just imagine the look on the faces of little kids ice skating for the very first time. It maybe the only opportunity they have to experience such a beautiful moment.

And although there are very few ice skate owners in the city, skates will be on loan at the ice rink at no cost.

What a great gift to the citizens of the Municipality of La Paz.

* * *

We sometimes forget what Christmas is really all about with December being a whirlwind of activity, of parties and shopping, and of eating too much. But if we would just sit back, relax, and think about it, it really is a time to give and a time to share. Several readers have been asking how can they give this holiday season, and, as the holiday season approaches, I’d like to take this opportunity to list a few organizations that could use a helping hand this time of year.

Barb Spencer, the founder of Care for Kids La Paz, is throwing her annual Christmas party for the kids of Colonia Vista Hermosa, located on the outskirts of La Paz. Only with the help of friends and volunteers

will Care for Kids La Paz be able to provide a special lunch and Christmas toys to all the children – some who would not otherwise have had a new toy this year.

The CostaBaja family has on display at their main entrance the Tree of Joy

with Toys, and will be donating all gifts to FANLAP (Fundacion Aydua los Niños). The gifts will be given out on January 6th, King’s Day in Mexico, at the FANLAP comedor.

Also, Coca-Cola, the 5 Rotary Clubs of La Paz, and the City of La Paz are working together this year to collect their goal of 500 gifts at the giant Christmas Tree on the Malecon at the corner of 16 de Septiembre.

More details for each gift collection drive can be found on page 15 in the Little bit of This section.

Last but not least, La Paz Ladies Luncheon’ Christmas Dinner, to be held on December 20th at Palermo’s, is taking a gift collection for the women and children at the Women’s Shelter of La Paz. Contact [email protected] for more details.

There are other groups that collect gifts; these are just the ones I have been in contact with. Please do what you can and give, whatever you can, to make this year extra special for someone else.

To all of our readers of the Baja Citizen, we extend our best wishes for a joyous holiday season and prosperous New Year. Happy holidays!

Yours,

Gari-Ellen

Photo courtesy of the City of La Paz.

Page 3: The Law of Aguinaldo

3 December 13th, 2011

Publisher: Hally J. Productions S. de R. L .La Paz, BCS 23090 Mexico

The Baja Citizen is a free circulation community newspaper that is distributed in La Paz and the communities of Centenario, Todos Santos, Pescadero, El Sargento/La Ventana and Los Ba-rriles every second Monday.

The views of contributers to The Baja Citizen do not necesarily reflect those of the Publishers.

Editor Gari-Ellen Donohoe

[email protected]’s cell (612) 159 13 88

Graphic DesignGabriela Inzunza Salgado

So, Should US Ex-Pats Register with the US Embassy?

Susan Fogel

At a recent dinner in Mexico City, some ex-pats living in La Paz met Sara Craig, Director of Citizens Services at the US Embassy. Her response to the headline question is, “Yes. Every citizen should register.” The first question asked of Ms. Craig was, “What about the IRS using that information to harass us?” She chuckled a moment, and then said that the IRS has tried mightily to pierce the right to privacy that every US citizen has. The various embassies have won the fight every time the IRS tried to access information from them.

Of course, most US expats pay their taxes and have no fear of the IRS. But it is always the most frequently asked question: Exactly what happens to our privacy if we register with the embassy? She assured us many times that our privacy is protected. Well, it is protected unless you are a wanted felon; then she is obligated to turn you in. But a wanted felon would most likely NOT register with anyone.

Why would you register with the embassy? Here are some reasons:

1. To register a birth, death, or marriage.

2. In case there is an emergen-

cy back in the US and family members need to find you.

3. In case you are hurt, sick, or dead, the embassy knows who to contact to help you or to transport your remains home.

4. So that you can receive email updates from the De-partment of State and the embassy regarding their ac-tions, and other information that may be important.

5. In case of a weather or po-litical emergency, to offer evacuation services. Not so likely in La Paz, but other places in Mexico have natu-ral disasters.

Ms. Craig mentioned more than once that if someone turned up dead or hurt and unable to communicate, the Embassy would have no way to find a family member, unless they were registered. Even if you are traveling in Mexico and something happens, if your information is on file, your friends or family in the old country can be contacted.

You can register on the US Embassy website: http://mexico.usembassy.gov/eng/citizen_services.html

Here is a quote from its webpage: “You can’t predict when an emergency will arise, but you can plan and prepare for one before it happens! We encourage all U.S. citizens who are traveling or living abroad to enroll with the U.S. State Department through its Smart Traveler Enrollment Program (STEP). It is a fast and free world-wide service to record information about your upcoming trip or current residence abroad and provide useful contact information that can be used by the nearest Embassy or Consulate in a emergency or disaster.”

You can enroll online at: http://travel.state.gov/step. Enter your relevant contact information and the time

you will be staying in Mexico (for long-term residents, enter 5 years). If you want to receive up-to-date safety and security information, please be sure to provide an email address.

Susan Fogel is the broker/owner of PrestigePropertyGroupLaPaz.com and the Secretary of AMPI. You can reach her at susan@p r e s t i g e p r o p e r t y g r o u p l a p a z .com. Follow her Blog www.mexicomusings.com. She is also the author of Margarita Mind: How to Avoid It; A Guide to Buying Mexico Real Estate Safely & Sanely.

Page 4: The Law of Aguinaldo

December 13th, 2011 4

TBC

Representatives of tourism and business associations in the state met with local congressmen last week to present their plan for the redirection of funds generated from the hotel tax under the Ley de Ingresos for 2012.

In Baja California Sur (BCS), a 3% hotel tax is applied to hotel guests, and currently two percent of that tax is being used for the marketing and promotion of the state, both nationally and internationally.

The remaining one percent is designated for FOIS, or the Trust for Social Works and Infrastructure. FOIS is divided among the five municipalities of BCS: Loreto, Mulege, Comendo, La Paz, and Los Cabos. It is distributed according to how much tax is generated in each municipality. This one percent is used for social works, decided by each municipality.

However, tourism and business representatives would like to see the money that is currently directed towards social projects – estimated to be 36 million pesos annually – redirected towards promoting tourism in the state.

The idea of redirecting all three precent of the hotel tax towards tourism promotion comes from the business sector and tourism associations. Both groups have seen working on this initiative over the past

“URBAN RUNWAY” PROGRAM INAUGURATED

TBC

With the participation of Frank Hills, Thomas Ireton, Mala Sorhuet and Andre Prefontaine, the inauguration of “Urban Runway” took place on November 24th, a program organized by the La Paz Municipal Cultural Department under the direction of Matilde Cervantes Navarrete. With the help of these important personalities from the art scene, as well as Lucia Frausto and Juan Manuel Velazquez Lopez, who coordianted the first work of art, Mural de Héroes Marinos, school children in La Paz were given the opportunity to learn about urban expression and the need to respect public spaces.

According to Uruil Eduardo Santana Soltero, who was on hand representing Mayor Esthela Ponce at the event, the objective of “Urban runway” and saving public spaces is the homework of everyone, and a consciousness needs to be created in the children of La Paz that public spaces belong to them and that they must be maintained, cleaned and respected with postive actions.

All who attended the first “Urban runway” event clearly felt the impact of the their first work, Mural de Heroes Marinos, and the commit involved to make the wall an expression of art. Artist Velazquez said, “this is focused towards children; with the end being able achieve communication through the medium of art and painting of a mural that is 100% urban expression.”With the help of the mentioned local artists, “Urban runway” hopes to conserve more public spaces and protect the environment. Creating a culture of recycling and general protection of public spaces is a group effort and with the help and promotion of those involved in this first mural, a respect of public spaces and the commitment to conserve and protect these spaces has been planted in the minds of many.

All are invited to come down and check out this impressive mural on 5 de febrero and Calle Rangel, in Manglito. The Cultural Department has plans to continue with their “Urban Runway” program and rescue other public spaces.

Photos courtesy of Francisco Solis.

Frank Hills painting the face of a young student at the Mural de Heroes Marinos

Matilde Cervantes of the program “Urban Runway”

Page 5: The Law of Aguinaldo

5 December 13th, 2011

Tourism Associations Try to Redirect Spending of 3% Hotel Tax

TBC

Representatives of tourism and business associations in the state met with local congressmen last week to present their plan for the redirection of funds generated from the hotel tax under the Ley de Ingresos for 2012.

In Baja California Sur (BCS), a 3% hotel tax is applied to hotel guests, and currently two percent of that tax is being used for the marketing and promotion of the state, both nationally and internationally.

The remaining one percent is designated for FOIS, or the Trust for Social Works and Infrastructure. FOIS is divided among the five municipalities of BCS: Loreto, Mulege, Comendo, La Paz, and Los Cabos. It is distributed according to how much tax is generated in each municipality. This one percent is used for social works, decided by each municipality.

However, tourism and business representatives would like to see the money that is currently directed towards social projects – estimated to be 36 million pesos annually – redirected towards promoting tourism in the state.

The idea of redirecting all three precent of the hotel tax towards tourism promotion comes from the business sector and tourism associations. Both groups have seen working on this initiative over the past

several months, presenting their plan to congressman and municipal officials. According to 2010 data, the 3% hotel tax represents about 94 million pesos that year.

With the financial crisis still being heavily felt in Mexico, businesses would like to see more money spent on bringing more visitors to the state, and to making BCS a true tourist destination. They feel the more money directed towards tourism promotion, the state’s number one source of income, the better for all Sudcalifornianos.

Congressmen Gil Cueva, Alberto Treviño, Ernesto Ibarra, and Juan Alberto Valdivia were in attendance, as well as Secretary of Tourism Ruben Reachi, and representatives of the five municipalities of BCS.

Because it is the end of the year, the tourism and business sectors have until the 15th of December to make their case and have the Ley de Ingresos of 2012 amended.

Tourism Associations from the 5 municipalities meet with local congressmen to discuss the 3% hotel tax.

Need an Ambulance, The Fire Department or Police?

Call 066

All who attended the first “Urban runway” event clearly felt the impact of the their first work, Mural de Heroes Marinos, and the commit involved to make the wall an expression of art. Artist Velazquez said, “this is focused towards children; with the end being able achieve communication through the medium of art and painting of a mural that is 100% urban expression.”With the help of the mentioned local artists, “Urban runway” hopes to conserve more public spaces and protect the environment. Creating a culture of recycling and general protection of public spaces is a group effort and with the help and promotion of those involved in this first mural, a respect of public spaces and the commitment to conserve and protect these spaces has been planted in the minds of many.

All are invited to come down and check out this impressive mural on 5 de febrero and Calle Rangel, in Manglito. The Cultural Department has plans to continue with their “Urban Runway” program and rescue other public spaces.

Photos courtesy of Francisco Solis.

Page 6: The Law of Aguinaldo

6December 13th, 2011

better for foreign residents. Several responders to the survey were invited to attend the first annual Asamblea Nacional Jubilados Norteamericanos en Mexico (National Forum for US Retirees) in Mexico City last Thursday and Friday. Also representing the president were: Nathan Wolf Lustbader, Director of Exterior Relations, the department that makes decisions about foreign residency rules, and Fernando Olivera, the federal sub-secretary of tourism.

Richard Kly, President and CEO of ICF and the organizer of the event recapped the survey results and added the results of the most recent survey. Most retirees are looking for an active retirement and several are opening businesses or re-inventing themselves in other ways. Although no one knows for sure how many Americans live in Mexico, it is generally assumed that there are two million ex-pats. These people have, on average US$1,000 disposable income which translates into 20 billion US dollars going into the local economies. By contrast, income from “remitters”, Mexicans living in the US sending money home, is US$18 billion. So the foreign community has a real economic value to Mexico.

Juli Goff, founder and owner of the Spanish immersion school, Se Habla La Paz was also on the dais representing the foreign community and said she has a passion for Mexico and wants to help.

After the opening ceremonies, there were small break-out groups where the real work was done. The ex-pats were broken down by region; the two states of the Baja Peninsula were in one group. All the participants felt they were making history, starting a discourse, and generally having input, and seeing that what they had to say was important to Mexican federal and state government representatives.

The government representatives attending the Baja session were Cesar Rivera, Delegado of Playa Rosarito and Ruben Reachi Lugo, Secretary of Tourism for Baja California Sur. Also present in each break-out group was a moderator. Our moderator was from a Mexico City university. Interestingly, he said he had never been to La Paz, he does his work from Mexico City. But he said that he knew that La Paz was beautiful and wanted to visit soon.

In fact, when anyone said they were from La Paz, the various Mexicans in the group smiled and said “Ahhhhh, La Paz.” The Baja group included residents of Rosarito Beach, Ensenada, Mulege, Ensenada, La Paz, and Todos Santos. The La Paz contingent was the largest, including Judy Petersen, Juli Goff, Maureen Ryan, Ira and Susan Fogel, Nancy Fitzmorris, and Susan and Brian Key.

Can you believe that after plying the attendees with food and wine on Thursday evening, the organizers handed out homework? Well, they did! They wanted us to consider four questions and discuss them in the breakout sessions.

The questions:1. How can the Mexican government and North American expatriate community work together to increase economic opportunities/benefits to local communities, including tourism? a. How can we best leverage the internal market?

2. How can the Mexican government help the North American expat community age in place (i.e. housing, medical service, public transportation)?

3. How can the Mexican government improve or expand civic engagement in local communities (philanthropy, FM3 assistance)?

4. How can the American expat community help to improve the image of Mexico outside the country? a. Becoming ambassadors of the experience of living and traveling in Mexico.

Each question was taken in turn and everyone in the room was encouraged to respond. Then the Mexican representatives gave their impressions and responses.

The meeting was open and respectful, no one made rude remarks, and most everyone had the same concerns, including the Mexican government representatives. Everyone came with their own concerns and voiced them as well. While the meeting was casual and cordial, the participants took their homework seriously and made good suggestions and voiced their concerns. Several members of the Baja focus group worked for or headed charities helping Mexican citizens. After the breakout sessions, each group compiled a list of their concerns and suggestions.

Interestingly, all of the break-out groups had the same concerns.

• The government, businesses, and foreign-ers need better communication

• Create channels and opportunities for for-eigners living and working in Mexico

• More and better infrastructure, including: o Handicap accesso Bilingual nurseso Home health careo Sustainable communitieso Developers, municipalities, and

states to work together on what people really want

• Certified service providers• Willingness of foreigners to help other ex-

pats• Make it easier to volunteer (not having to

change the FM2 or FM3)• Foreigners would like to volunteer in the

schools• Ex-pats would like to be ambassadors about

Mexico in their home countries.•

Everyone agreed better air service and better airfares would make a difference to tourism. Annual renewal of FM2 and FM3 documents was a big issue. The secretary of Exterior Relations said they

would consider a three or four year term, but the fee would be higher. All-in-all, the participants felt that their voices were heard.In closing remarks, Nathan Wolf Lustbader, the Subdirector of Exterior Relations said:“…We accept these recommendations. We have paved the road, and we will improve the road. This was a positive experience and we have started a constructive dialogue between you, the state, and federal agencies; together we will build a better Mexico…”

ICF will be issuing a report by the end of the year and will make it available to the public. We will let you know when it is ready.

Susan Fogel is the broker/owner of PrestigepPropertyGroupLaPaz.com and the secretary of AMPI. You can reach her at [email protected], Follow her Blog www.mexicomusings.com She is also the author of Margarita Mind: How to Avoid It: A Guide to Buying Mexico Real Estate Safely & Sanely.

Continues from front page

La Paz’s Juli Goff pictured with Maestra Gloria Guevara Manzo and Lic. Nathan Wolf Lustbader

La Paz PHoNe NUMbeRSPoLicE, FirE DEPartmEnt, Red CRoss (emeRgenCy):

066

HigHway PatRol/FedeRal PoliCe: 122 0369

imss HosPital: 122 7377

FidePaz CliniC: 124 0400

CoPt (PoRt CaPtain): 122 0243

immigRation: 125 3493 or 124 6349

state touRism oFFiCe: 124 0100 or 120 0199

Page 7: The Law of Aguinaldo

7 December 13th, 2011

send it to: [email protected]

La Paz AMPI Members Raise the Bar of Professionalism and Elect New Board of Directors

Susan Fogel

Back in 2001 when a group of real estate agents started the La Paz chapter of Asociacion Mexicano de Profesionales Inmobiliarios (AMPI), they had a laundry list of things they would like to see accomplished. AMPI is the Mexican equivalent of the National Association of Realtors (NAR) in the United States.

among those items:• Exclusive listings• A multiple-listing service• Escrow• Title Insurance• Standardized contract

None of this seems very radical to those that have sold or purchased a home or practiced real estate in the US or Canada, but these were contentious issues in La Paz 10 years ago.

There were no franchises, like Coldwell Banker, RE/MAX, or Century 21. Mortgages were unheard of. Individual agents did not cooperate and newcomers were not welcomed with open arms. It was not unusual to see a property for sale with several different real estate agents’ signs nailed on the fence or wall. There was controversy over who had the right to sell a property and who earned a commission.

The local AMPI chapter expanded and retracted as the real estate market boomed or waned, but the steadfast members were educating themselves and the public about best practices. In the past few years, the La Paz chapter has grown and caught the attention of people at the national and state level. They paid a visit to La Paz to find out

what was happening here to make it such a success.

Last month the La Paz AMPI members elected a new board of directors and “consejeros” or consultant members. Their continuing mission is to raise the bar of professional behavior. By doing this, buyers and sellers can be assured of proper representation, safe handling of their money, and delivery of a good title.

The AMPI members are self-policing the Multiple Listing Service (MLS) to ensure that all agents using the system are following the strict rules. This also means that agents will cooperate with each other in showing listings and that commissions will be shared. The new board of directors will be meeting with local agents and inviting them to join AMPI and to help agents learn how to use the MLS.

The La Paz chapter recently staffed a booth at the Anaheim NAR expo and increased awareness of La Paz among 20,000 real estate agents in the US. It is all about cooperation, education, building its membership, and making AMPI a trusted name. Mortgage brokers and title company representatives have been asked to address the group and keep them posted on new programs.

Two people that have been unfailing in their support of AMPI are Linda Neil and John Glaab. They have been named, by unanimous vote, Consejeros Emeritus. They were both founding members of the Cabo San Lucas and La Paz AMPI chapters. Linda works with AMPI and NAR at the national and international level. Their input will be invaluable.

the new board members are:

President: Jose Luis Gaytan. Jose is accepting a second term as the president. He is an attorney and closing agent. His company is Gaytan & Associates and his email is [email protected]

Vice President: Victor Granados. Victor is the broker of South Baja Properties and was the treasurer last year. He also accepts membership applications. [email protected]

Treasurer: Eduardo Ramirez. Eduardo is the broker of Global Real Estate. [email protected]: Susan Fogel. Susan is the broker of Prestige Property Group La Paz.com. Susan was a founding member of the La Paz chapter. [email protected]

the consejeros are:

Brian Westerlund, broker of Diamante Associates. Brian is the MLS committee chair. [email protected]

Gordon Herpst, Broker Omni Services. Gordon is a founding member of the La Paz chapter [email protected] Stell, Realtor, past president of the La Paz chapter. [email protected]

Luis Rojas Broker La Paz Baja Realty [email protected]

Zulma Ramirez, Sales Agent at Costa Baja. [email protected]

Carolina Ortiz Canto, Broker Inmobilaria Carolina. [email protected]

This is going to be a good year in real estate in La Paz and the AMPI members are prepared to help buyers and sellers achieve their dreams. Please contact any of the current board members with any questions or concerns.

Susan Fogel is the broker/owner of PrestigePropertyGroupLaPaz.com, she is the author of Margarita Mind: How to Avoid It; A Guide to Buying Mexico Real Estate Safely and Sanely

You may email Susan at [email protected]

Page 8: The Law of Aguinaldo

December 13th, 2011 8

Feliz Navidad, Happy Hanukah, Merry Christmas and a Happy New Year. I recently conducted a scientific survey to determine how my friends felt about the upcoming holidays. After careful analysis the data clearly showed that 51% were looking forward to holiday season, 52% wished they could sleep through it, and 27% were undecided. (Please note there was a 30% margin of error). Like the agnostic I am, I fell into the third, and least popular, group. And, of course, like most children born into dysfunctional families, I blame my parents for that and everything else.

How can I describe my family? Remember the movie “My Big Fat Greek Wedding”? That was us – with a twist. Like the movie, my parents were born, raised and got married in Greece. They immigrated to the U.S. and within one year they managed to bring my grandmother from the Old Country (she lived with us until she died). We owned a family-run restaurant, and I even fell for a non-Greek but, unlike the movie, my family did something very unorthodox shortly before I was born – they left the Greek Church and joined a rigid, rule-loving, religion that shunned all holidays.

I was a Greek raised on lamb, garlic and pride. It’s easy to be smug when you believe that your religion is the only true one. Then, as happened to Eve in Eden, one day temptation slithered into my life. But while Eve succumbed to an apple tree, I was lured by an evergreen.

I wasn’t in a garden when temptation hissed at me. I was merely walking home from school, when a classmate invited me to her home to see her Christmas tree. I slunk past my house and, in one city block, broke 100% of three family rules: always come directly home from school, avoid (whenever possible) contact with people who don’t belong to our church and do not, under any circumstances, participate in pagan holidays.

When I entered Janet’s house, guilt tiptoed in behind me. The pungent odor of cedar reminded me of my mother’s closet. I hesitated – but only for a moment. The tree nearly touched the ceiling and the tinseled limbs

Las PastorelasHelga Kuhne

Among the Mexican Christmas traditions, the most fun to do or

watch are the Pastorelas, or Shepherds Plays, staged throughout the holiday season by both amateur and professional groups. These theatrical presentations, often improvised, date back to Mexico’s colonial time, when the catholic missionaries wooed converts and taught doctrine through dramatizations of the birth of Jesus, the adoration of the Three Holy Kings and the struggle between good and evil.

The pastorals are named after the pastores, or shepherds, because they are the main characters in the play.

These plays, very light and full of humor, tell the story of the shepherd’s adoration of baby Jesus. First, they are visited in the field by an angel who announces the holy birth. They follow a bright star leading them to Bethlehem, but while they are on their way they are plagued by a series of evils and misadventures provoked by the Devil. These are staged in a very funny way with fights between the angels and the devil. They tease each other throughout the play, trying to get the shepherds on their side. But in the end, good always wins and the shepherds reach their destination.

Mexican Indians liked these representations very much because they were very fond of dancing, humor and pantomime in their own celebrations and this way they felt they were keeping their own traditions. It

turned out to be an easy tool to teach the life of Jesus to them.

This kind of theater originated in Italy in the XVI century among the Franciscan monks who brought it to Mexico during the evangelization after the Spanish Conquest.

Friar Juan de Zum·rraga, who in 1530 staged the `Birth of Jesus,¥promoted the first pastorelas. After that, `The Adoration of the Magi¥, written in n·huatl language, was performed for the first time in 1550 in the open chapels of the many convents which were used as a stage.

In all the pastorelas, the characters are the same: Mary, Joseph, baby Jesus, the Three Holy Kings, the angels, the Devil and the shepherds like Gila, Bato, Blas and Bartolo. After conquering all the evils, the play ends with the birth of Jesus and the happiness of everybody present. They share laughs and warm tamales, atole, ponche and traditional food.

In elementary schools, including here in La Paz, it is a tradition to stage a Pastorela at the end of the year and mothers and fathers dress their children as little shepherds and angels and delight with their funny performances.

Las Pastorelas.

Page 9: The Law of Aguinaldo

9 December 13th, 2011

oh Christmas Tree.

Feliz Navidad, Happy Hanukah, Merry Christmas and a Happy New Year. I recently conducted a scientific survey to determine how my friends felt about the upcoming holidays. After careful analysis the data clearly showed that 51% were looking forward to holiday season, 52% wished they could sleep through it, and 27% were undecided. (Please note there was a 30% margin of error). Like the agnostic I am, I fell into the third, and least popular, group. And, of course, like most children born into dysfunctional families, I blame my parents for that and everything else.

How can I describe my family? Remember the movie “My Big Fat Greek Wedding”? That was us – with a twist. Like the movie, my parents were born, raised and got married in Greece. They immigrated to the U.S. and within one year they managed to bring my grandmother from the Old Country (she lived with us until she died). We owned a family-run restaurant, and I even fell for a non-Greek but, unlike the movie, my family did something very unorthodox shortly before I was born – they left the Greek Church and joined a rigid, rule-loving, religion that shunned all holidays.

I was a Greek raised on lamb, garlic and pride. It’s easy to be smug when you believe that your religion is the only true one. Then, as happened to Eve in Eden, one day temptation slithered into my life. But while Eve succumbed to an apple tree, I was lured by an evergreen.

I wasn’t in a garden when temptation hissed at me. I was merely walking home from school, when a classmate invited me to her home to see her Christmas tree. I slunk past my house and, in one city block, broke 100% of three family rules: always come directly home from school, avoid (whenever possible) contact with people who don’t belong to our church and do not, under any circumstances, participate in pagan holidays.

When I entered Janet’s house, guilt tiptoed in behind me. The pungent odor of cedar reminded me of my mother’s closet. I hesitated – but only for a moment. The tree nearly touched the ceiling and the tinseled limbs

obscured the living room window. Janet’s mother flicked the switch and a happy explosion of colored lights converted that humble room into a fairyland. We sat on the floor, drank hot chocolate, and listened to Johnny Mathis croon carols. My hand trembled when I reached for a reindeer ornament; I was 92% certain that my “jealous God” would send a lightning bolt to strike me dead. Instead, I was destined to lug around a heavy secret: Pagan or not – I was 100% sure I wanted to celebrate Christmas.

Twenty-one years later, when I was 33 years old, I got my chance. Alex accepted a promotion which included a transfer to Minneapolis. I kissed my parents good-by and sped away from the straight-laced religious life I’d known.

Late on Christmas Eve, 1997, Alex and I drove past the local hardware store. A huge handwritten sign read “Free Christmas Trees”. Alex looked at me and raised his eyebrows. I refused to leave the car but he quickly grabbed a scraggly specimen and wrestled it onto our roof rack. I smelled the pine all the way home and I could see the tip of the tree jiggle through the cold Minnesota night. My nerves felt as jittery as the tree; I searched the sky for lightning but the heavens were indifferent.

We pulled into our driveway and our neighbor, Tony, helped Alex carry the tree into our house. We didn’t own

Christmas lights or tinsel. Tony said, “Francis and I have boxes of extra decorations; I’ll be right back.” They returned with boxes piled high. Although I remained a safe distance from the forbidden tree, I was excited. This was my very first Christmas!

Then Francis said, “Tony, don’t just fling the tinsel onto the tree in handfuls. You’re supposed to hang it one string at a time. No, no, Alex, the lights are too far apart.” No, don’t put two green stockings so close together.” Something was wrong. This wasn’t anything like Perry Como’s Christmas family. At midnight, finally alone with Alex, we switched on the lights and, although I “oohed

and aahed”, my excitement was as artificial as Rudolph’s red nose. I decided I needed to try harder to catch the holiday spirit. We were given another opportunity to celebrate on New Year’s Day. We joined my co-workers for a Rose Bowl party. The women were in the kitchen doing all the work; the men drank too much, ate with their eyes glued to the TV and screamed at the referees. The women watched the children – and the clock. On our way home Alex said, “Well, that was a complete waste of time.”

But I’m tenacious. For the last three decades I’ve pretended my way through the holidays always hoping to experience the same Spirit of the Season that I felt at Janet’s home when I was a child. And this year I’ve been very, very good, so maybe, if there really is a Santa, he’ll bring me the one gift I’ve been waiting for – a 100% enthusiastic holiday season.

turned out to be an easy tool to teach the life of Jesus to them.

This kind of theater originated in Italy in the XVI century among the Franciscan monks who brought it to Mexico during the evangelization after the Spanish Conquest.

Friar Juan de Zum·rraga, who in 1530 staged the `Birth of Jesus,¥promoted the first pastorelas. After that, `The Adoration of the Magi¥, written in n·huatl language, was performed for the first time in 1550 in the open chapels of the many convents which were used as a stage.

In all the pastorelas, the characters are the same: Mary, Joseph, baby Jesus, the Three Holy Kings, the angels, the Devil and the shepherds like Gila, Bato, Blas and Bartolo. After conquering all the evils, the play ends with the birth of Jesus and the happiness of everybody present. They share laughs and warm tamales, atole, ponche and traditional food.

In elementary schools, including here in La Paz, it is a tradition to stage a Pastorela at the end of the year and mothers and fathers dress their children as little shepherds and angels and delight with their funny performances.

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December 13th, 2011 10

ANOTHER GREAT FANLAP SUBASTA

It is all for the kids!

TBC

FANLAP’S 2011 (Fundacion Ayuda los Niños de La Paz) edition of SUBASTA, held Sunday, December 4th at Marina La Paz, was yet again a very successful fundraiser for the non-profit. SUBASTA included plenty of food and drinks, the sale of used clothes, bakery treats and a silent and live auction of varying items donated by community members. A kids corner was set up which included face painting, craft making and a play area for jumping! Other booths were set up with people selling their wares including art and knick knacks.

According to FANLAP president Judy Peterson, after several months of preparation with the help of several volunteers, nearly 180,000 pesos were raised for FANLAP programs.

“We had a wonderful event and did much better than we expected given all the other activities going on this year. There was an excellent turn-out,” Peterson explained.

Peterson also stressed that there would be no SUBASTA without the help of all those involved. “We need to thank all those businesses who donated prizes for the raffle, and the venders who donated a minimum of 30% to FANLAP, some donated 100%. And our volunteers, without whom we could never have handled such an event. Of course, last but not least all those who came and spent their hard-earned money and had a good time. SUBASTA has really become a community event.”

All proceeds from the SUBASTA “Fair & Auction” go towards helping those in need. FANLAP`s mission is to offer children and adolescents who live in marginal neighborhoods in La Paz an essential base to develop a dignified and responsible life by promoting a nutritious diet and offering tools to obtain a quality education and physical and mental well-being. They

accomplish this by creating a network of participation within the community, the public and private sector and non-governmental organizations.

Some of the programs FANLAP provides to children in the neighborhoods Marquez de Leon, Laguna Azul, Villas de Guadalupe, and Vista Hermosa include a hot lunch program Monday

to Friday where they feed over 150 kids with the meal prepared by volunteer moms from the neighborhood.

They also provide scholarships to over 200 students to help them attend junior high and high school. Also, some university students are being supported by FANLAP.

The organization helps buy uniforms, school supplies and bus fare to and from school.

You may read about the programs supported by FANLAP by visiting their website at www.lapazninos.org.

Judy Peterson at SUbASTA

Molly, Donneley and Sharon

Claudia at Subasta 2011

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11 December 13th, 2011

accomplish this by creating a network of participation within the community, the public and private sector and non-governmental organizations.

Some of the programs FANLAP provides to children in the neighborhoods Marquez de Leon, Laguna Azul, Villas de Guadalupe, and Vista Hermosa include a hot lunch program Monday

to Friday where they feed over 150 kids with the meal prepared by volunteer moms from the neighborhood.

They also provide scholarships to over 200 students to help them attend junior high and high school. Also, some university students are being supported by FANLAP.

The organization helps buy uniforms, school supplies and bus fare to and from school.

You may read about the programs supported by FANLAP by visiting their website at www.lapazninos.org.

Page 12: The Law of Aguinaldo

December 13th, 2011 12

The Adventures of Thomas Ireton on Show at The Bagel Shop

The Bagel Shop on 291 Belizario Dominguez between 5 de Mayo and Constitution is hosting the photographs of Thomas Ireton, a local talent in many realms of art.

Ireton, originally from the United States but who know calls La Paz, loves to just jump into an old jeep with an artist or photographer friend in the wee hours of the morning to one of the outlying areas around La Paz and shoot sunrises, the landscapes and any other object that catches his eye. His safaris have covered many of the wonderful and more obscure haciendas, mines and historic sites that Baja has to offer.

He admits his adventures often leave him with more questions than answers.

You can enjoy snapshots from some of Ireton’s adventures on the second floor gallery of The Bagel Shop. The photographs, which are for sale, will be on display until the end of December. For more information, call Ireton at 612 103 0495 or send him an e-mail at [email protected].

Tom Ireton

TBC

I have a love/hate relationship with the traditional La Paz Christmas Tianguis. The Tianguis, or open-air street stands, can be found right downtown La Paz, on the streets of Madero and Independencia. Along several blocks of streets, vendors are lined up selling toys, clothes, shoes, backpacks, games,

Christmas decorations, gift wrapping and plenty more for gift giving and preparing.

I love the Christmas Tianguis because it is one-stop shopping. You can find almost anything, all with in a few blocks. Park the car and just walk. Some vendors sell hot and cold beverages and traditional Christmas treats such as buñuelos. If you haven’t tried a buñuelo, you must try.

Several great stores, also perfect for looking for that perfect gift, can also be found in this area, including Casa Parra and Sabores de Mexico.

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13 December 13th, 2011

TBC

I have a love/hate relationship with the traditional La Paz Christmas Tianguis. The Tianguis, or open-air street stands, can be found right downtown La Paz, on the streets of Madero and Independencia. Along several blocks of streets, vendors are lined up selling toys, clothes, shoes, backpacks, games,

Christmas decorations, gift wrapping and plenty more for gift giving and preparing.

I love the Christmas Tianguis because it is one-stop shopping. You can find almost anything, all with in a few blocks. Park the car and just walk. Some vendors sell hot and cold beverages and traditional Christmas treats such as buñuelos. If you haven’t tried a buñuelo, you must try.

Several great stores, also perfect for looking for that perfect gift, can also be found in this area, including Casa Parra and Sabores de Mexico.

My Love/Hate Relationship with the Christmas Tianguis

Families are together walking around, people are happy and the atmosphere is filled with joy, as is should be over the holidays.

The hate part? The traffic along Madero and the entire vicinity of Jardín Velasco almost comes to a halt. Traffic police are usually working on the main intersections this time of year, directing traffic, but they actually manage to slow things down even more.

Parking, so precious on a good day in downtown La Paz, is almost non-existent. People are usually in a hurry and when they can’t find a place to park, frustration sets in and their driving skills deteriorate. Beware of the frustrated driver!

The happiness and the craziness of the Christmas Tianguis in this part of the city will continue until Christmas Day.

Christmas Tianguis Sign

Christmas Tianguis

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December 13th, 2011 14

iCe sKating at tHe muniCiPality BUiLDinGS in La PazSkating in La Paz??!! For the first time EVER in La Paz history, you will have the opportunity to skate on ice; you will have to see it to believe it! Last Sunday, an ice skating rink at the Palacio Municipal on Luis Donaldo Colosio between Carabineros and Ave. De los Deportistas has opened and will be in use for the next month from 3 to 11pm. No charge for using the rink. It’s a gift from the Municipality of La Paz to the people.

RotaRy CHRistmas tReeRotary Christmas Tree will be installed this week at the Kiosko on the Malecon across from 16 de Septiembre. Bring a smile to a child with a new Christmas gift for a child of any age. Please, no battery operated or military toys. Gifts will be distributed by the five Rotary Clubs of La Paz to children in vulnerable circumstances. La Paz Rotary Clubs work in such communities in the greater La Paz area and beyond and knows which communities are most in need of this special boost for La Paz area children. This tree is provided by Coca –Cola and the project is supported by the H. XIV Ayuntamiento de La Paz. Goal is 5,000 presents! Contact Maureen Ryan [email protected], 612-157-7101.

carE For KiDS La Paz cHriStmaS FiEStaCare for Kids La Paz is a charity helping in the colonia Vista Hermosa on the outskirts of La Paz. Every year we throw a Christmas fiesta for about 150 kids. This year it will be Sat. Dec 17 at 11 am. For many of the children, this gift might be the only one they receive for Christmas. If you would like to donate a gift and bring joy to a child, &/or join us for this wonderful celebration, please contact Barbara Spencer at 125-3980 or [email protected].

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15 December 13th, 2011

iCe sKating at tHe muniCiPality BUiLDinGS in La PazSkating in La Paz??!! For the first time EVER in La Paz history, you will have the opportunity to skate on ice; you will have to see it to believe it! Last Sunday, an ice skating rink at the Palacio Municipal on Luis Donaldo Colosio between Carabineros and Ave. De los Deportistas has opened and will be in use for the next month from 3 to 11pm. No charge for using the rink. It’s a gift from the Municipality of La Paz to the people.

RotaRy CHRistmas tReeRotary Christmas Tree will be installed this week at the Kiosko on the Malecon across from 16 de Septiembre. Bring a smile to a child with a new Christmas gift for a child of any age. Please, no battery operated or military toys. Gifts will be distributed by the five Rotary Clubs of La Paz to children in vulnerable circumstances. La Paz Rotary Clubs work in such communities in the greater La Paz area and beyond and knows which communities are most in need of this special boost for La Paz area children. This tree is provided by Coca –Cola and the project is supported by the H. XIV Ayuntamiento de La Paz. Goal is 5,000 presents! Contact Maureen Ryan [email protected], 612-157-7101.

carE For KiDS La Paz cHriStmaS FiEStaCare for Kids La Paz is a charity helping in the colonia Vista Hermosa on the outskirts of La Paz. Every year we throw a Christmas fiesta for about 150 kids. This year it will be Sat. Dec 17 at 11 am. For many of the children, this gift might be the only one they receive for Christmas. If you would like to donate a gift and bring joy to a child, &/or join us for this wonderful celebration, please contact Barbara Spencer at 125-3980 or [email protected].

cHriStmaS concErt at coStaBaJaCostabaja invites everyone to join them on December 16th at 6:00 pm for a Christmas Carol Concert performed by the Coro Romance and the Coro Juvenil from the State’s Music School. The concert will be directed by Omar Ramirez. Hot cocoa, churros and buñuelos will be served. For further information, please call 612 175 0100 ext. 6401 or e-mail Valeria at [email protected].

GaLa cHriStmaS FEStiVaL at tEatro DE La ciUDaDAlegría del Mundo 2011 (Joy to the World) is being regarded as those in the “know” as the most important gala Christmas festival in the history of the city of La Paz. Participating in one of Mexico’s most famous tenors, Fernando de La Mora as well as Olivia Gorra (Soprano) and Camerata de Las Américas Director is James Demster. The performance begins at 7:30pm at Teatro de La Ciudad. Admission is 100 pesos.

enJoy CHRistmas eVe at PaleRmo’sRemember, most restaurants in town will be serving traditional Christmas Day turkey dinners on the Eve of the 24th, which is more commonly celebrated here than the 25th. Call your favorite local restaurant early to makes plans if you hope to dine out on the 24th or 25th. Palermo’s on the Malecon will be serving an octopus and shrimp salad along with your choice of rhombus shape pasta filled with cranberry, ricotta cheese, parmigiano reggiano, pork ossobuco stew or stuffed turkey breast with duck meat and fresh herbs and cranberry cream sauce and for dessert, Italian Christmas Cake with strawberry pasrty cream and white chocolate sauce. All for only 420 pesos. Please call Palermo’s for a reservation at 123-1222.

FanlaP and CostaBaJa’s tRee oF JoyCome with your family to CostaBaja and donate a new toy to their Tree of Joy, located at the main entrance fountain, during the month of December. All toys

will be given to the children of FANLAP and will be delivered to their comedor in January for King’s Day. FANLAP and CostaBaja thank-you for helping them bring smiles to the children of La Paz.

FaRmeR’s maRKet – tuesdays and satuRdays The tianguis natural farmers market has returned to Tuesdays and Saturdays. Fresh greens and seasonal offerings, organic eggs, jams, sauces, german sausages, baked goods including Sharon’s goodies and Pan D’Les artisan breads. Handicrafts and items for mind.body.spirit. 9:30 am start time, the market is at the corner of Constitucion and Revolucion de 1910 in the little park across the street from the post office.

PaLaBra Por PaLaBra BooK cLUB – sHantaRam Do you enjoy reading books and want to share your thoughts with others? The Palabra por Palabra book club will be getting together on Tuesday, January 9th, 2011 starting at 2:00 pm at the house of Jean D. The group will be discussing Shantaram by Gregory David Roberts. Please remember all are welcome. For further information, contact Elia at [email protected].

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December 13th, 2011 16

LATE SEASON SURPRISES!

Sue Paul and her wahoo.

http://fishreport.jonathanroldan.com/

As I’m writing this, it’s raining in La Paz. It’s been an up-and-down week for weather, which has reflected in the fishing. Although this is the first real rain, it’s been threatening some days. Other days it’s windy. Other days it’s bright, sunny, perfect.

This is pretty typical for the change-in-season, but I had to say, it’s gotten cooler faster than I remember. Many of us locals are already wearing jackets and long pants and it never hurts to keep a sweatshirt handy if the winds come up and it gets a little chilly (chilly for us…the tourists think we’re nuts!).

Anyway, the fishing is pretty much dictated by the weather conditions, which obviously dictate the water conditions.

I’m not so worried about a little bit of rain. Yea, it’s cooler and you might get a bit of wet…it never lasts long. But, even when it rains, normally, there’s not a lot of wind so you can still get into some decent fishing. If there’s wind, that’s when things are not so good. Wind churns up waves and chop. Wind brings surf and turns up the water, especially in the areas where we have to look for bait in the shallow areas.

If the winds are over a few days then the water can get really turned up and green and cloudy. Not so good for fishing…at least not for pelagic species like the dorado and billfish and maybe even some tuna that are still out there…if you can get to them…if the conditions are right…if the water is not turned up and if you can get bait! That’s a lot of “ifs”.

But even when it’s windy, at least there’s some good inshore fishing to be had. This past week, we still got into good numbers of sierra, cabrilla and snapper. Some of the sierra this year are already some of the larger sierra I think I’ve seen in awhile. I kid you not when I say, they look like baby wahoo!

Teeth and sleek! Some 5-pound sierra are not uncommon. That’s a nice sized fish, especially on light tackle. We’re seeing more and more pargo as well…mostly the barred pargo and yellow pargo/ snapper, but all tough in the rocks and great eating.

There were some nice surprises. A few times, we still got into dorado. Good spots are east of Espiritu Santo Island; the south end of Cerralvo Island and around Punta Perrico especially on the south end in the ensenada curve by the old Hotel Las Arenas. If you can’t get bait, then trolling smaller feather or skipping the small plastic hoochies on the surface chop gets the strikes. If you only have a little bait, then get a hookup on the trolled lures or feathers then draw the fish in with the live bait!

Also, if you’re willing to “go long” and maybe “get wet and bounced,” the north and south end of Cerralvo Island has kicked our some wahoo. That’s a big surprise since this year the wahoo have been around, but just not biting. I think this year we only saw a handful. However, the last week or so, there were a few caught, but everyone talked about the long bumpy ride out there and the erratic seas and strong winds while trolling around. For some…it was worth it!

Hope your Holidays are off to a good start! That’s our story from Jonathan and Jilly at Jonathan Roldan’s Tailhunter International.

Property Tax Discount Until End of December, 2011

The City of La Paz will continue with its temporary tax discount program for 2012 property taxes. This temporary discount, which began on October 16th, 2011, will run until the end of the year. If you pay your 2012 property taxes before December 31st, 2011 in one payment, you will receive a 30% discount on the total amount.

The Municipality of La Paz offices are located on Blvd. Luis Donoldo Colosio and the corner of de los Deportistas.

There will also be a 20% discount honored on payments of all property taxes that were not paid prior to 2012. In addition, an 80% discount is available on all fines that were applied for not

paying your taxes on time in previous years. The total property tax payment must be made in one payment for the discount to apply. Have your clave catastra or cadastral number handy to help you with the process at Servicios Catastrales offices on the second floor of the Municipality of La Paz building. This number can be found on your notary papers of the properties you have in La Paz. Also, you can head to the City of La Paz webpage www.lapaz.gob.mx to make your payment on-line.

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17 December 13th, 2011

Home Buyers Beware! Margarita Mind Is a Financially Fatal Disease!

susan Fogel

margarita mind: Please leave home without it! What is Margarita Mind and why do you have to be inoculated, prepared, and ready to resist it? Let me relate a conversation with a friend of mine, an insurance broker and Realtor that has lived in Mexico for over 20 years.

“I have a great idea for a business: I am going to set up a locker system at the border in Tijuana. You know, like they have at bus and train stations? Well, my lockers will be small, about the size of a melon, a cantaloupe, or honeydew. Foreigners coming down to buy real estate can check their brains and then go happily south and muck around, listening to every Juan, Jose, and Maria about the way around the rules of buying property. Then, when they have been parted from their money and signed away their rights, if they can find their locker key, they can retrieve their brains just before returning to the US or Canada.”

“What a great idea,” I said. “Those people can wander around in a daze, and since there are no brain waves and no lights on upstairs, we can identify them as fools and work with only those with their brains intact.”

That’s Margarita Mind―doing things in a foreign country you would never do at home. Buying a house when all objective indicators say it’s a bad deal—just because you love it. Last I checked, you can’t bank love.

Now we know that none of you, our readers have Margarita Mind, but just in case you have a friend that might catch it, we are warning you. There has been a rash of potential buyers in La Paz making the rounds of the real estate offices and asking for particular kinds of hard-to-find properties. Somehow, they think that contacting every agent in town is a good way to work. Wrong! And here is why.

1. You are taking a risk if you are not working with an agent that is a member of A.M.P.I. (the Mexican Realtor Association) and the Mul-tiple Listing Service. These agents adhere to a higher level of busi-ness practice and a code of ethics that protects buyers. The Multiple Listing System (MLS) has money fines built in for member agents that misbehave. So you know they are going to do a good job for you.

2. The word gets around that you are shopping every agent in town, so the agents will not expend the energy to really find you a prop-erty that suits your needs.

Now that we have the MLS, one agent can help you look at any property in the entire state. Any agent can show and sell any other agent’s listed property. If the property is listed on the MLS, then the agent has the required documents and you are assured that the seller is the legal owner and can sell you the property, and you know what you are buying because it is in writing. And by working with one agent you get their 100% undivided attention.

When shopping for property in Mexico, follow this rule: if you would not do it in the old country, why would you do it in a foreign country where you do not speak the language and you do not know all the rules? if it doesn’t feel right, get more information or just don’t do it.

Because most agents you might work with are either Canadian or American and we now have escrow and title insurance, and a property search feature identical to those in the other two countries of North America, you might be lulled into thinking that real estate practices are the same here. It isn’t the same. Yes, you can make an offer and the seller may counter it, just like up north, but the closing of the real estate transaction is complicated, paper intensive, and

time-consuming. And that is why we have specialized closing companies that exist just to shepherd your papers and those of the seller’s through the system. In the case of Stewart Title Latin America in Cabo San Lucas, the settlement company with offices in La Paz and Cabo San Lucas and Jose Luis Gaytan a closing attorney in La Paz your funds can be safely escrowed in the US, your Mexican papers handled promptly and properly and your title insurance issued at closing. All of the closing entities have lawyers on staff to review everything and they are approved to work with those lenders that make loans to foreigners. There are no shortcuts, better ways, or

secrets deals to get your transaction closed faster.Here are some key phrases that should make the little hairs on the back of your neck stand up:

1. “that’s the way it’s done here.”

2. “there’s a way around it.”3. “you don’t need escrow; just

pay the seller in cash.”Buying property in mexico, and especially in la Paz, is safe. you are protected when you follow these steps:

1. Work with one agent and make sure they are members of A.M.P.I and the MLS.

Continues from page 18

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18December 13th, 2011

the amount of the Aguinaldo. As an example, once a week at $200 pesos per day, Juana Fulana gets a bonus payment of $427.68.

one time per week, 200 pesos and 52 days52 days divided by one year is 0.14256

0.14256 times fifteen days equals 2.13842.1384 times 200 pesos is 427.68 pesos

You will also most likely be approached at your home by the sanitation workers who pick up your discards. They will ask you for an Aguinaldo. You are not legally required to give them anything at Christmas, but ask yourself what is a few pesos compared to strewn garbage or crushed or stolen trash bins?

On a related note, effects on the economy:Every December, the local economy shifts. Imperceptible to the casual tourist, the business owners face a huge drain on their pocketbooks, hopefully to be replenished with the sales generated by folks who suddenly have cash a-plenty.

Some of the money goes to pay back debt, what is left over goes to buy gifts and traditional holiday foods such as dried cod and rompope. For those who have credit cards, they often become once again extended to the maximum limit, leading to the “cuesta de enero” or the January economic slowdown when the paycheck again does not stretch far enough to meet basic needs.

The President of Mexico, Felipe Calderon, recently took a bold step

to stimulate the country’s economic picture. During the holiday weekend of November 18th to 21st, Revolution Day, he released to federal employees 40% of their Aguinaldo and convinced manufacturers and retailers to offer discounts and incentives to shoppers. Naming the campaign El Buen Fin, or the great end [of the week and of the year] merchants were provided special signage and participation guidelines. A website was created, www.buenfin.org, to promote the movement.

On the grand scale, success was declared. Bancomer bank reported a 65% increase in credit purchases and other entities also reported percentage increases.

At the local level, a newspaper editorial columnist suggested that the campaign was poorly represented by local businesses, citing scant discounts on closeout merchandise, rather than the grand promises of incredible bargains. Other critics suggested that the featured products should have been limited to domestically produced items, rather than the vast number of plasma televisions that were purchased for their holiday joy value. And the question remains, now that only 60 percent of the Christmas bonus remains to be delivered, what will the rest of the year bring?

Contributing writer Les Carmona bakes artisan breads and pastries for his shop Pan D’Les bakery while assimilating to the pace of La Paz. The bakery is on Madero Street between Degollado and Ocampo, two short blocks from the Malecon.

Continues from front page2. Scan your passport and driv-

er’s license; they will be need-ed for many steps of the pro-cess.

3. Bring proof of funds to close: bank statements, bank letter, pre-approved loan.

4. Don’t let “house-love” blind you to faults with the paper-work or the condition of the property.

5. INSIST that your Good Faith Deposit be deposited in an escrow account. This will be a trust account in the US.

6. Ask for an estimated closing cost statement before you make the offer; this will help you know how much money you will need.

7. NEVER allow any money to go to the seller before the clos-ing.

8. If you are buying in a planned development, ask about the

homeowner’s dues, review the CC&Rs, and ask to see the budget and proof of insurance on the common areas.

9. If you are building, ensure that dates are set for progress in construction and don’t release any money unless those dates are met.

10. Go ahead! Take the leap to owning a home in paradise, just do it with your brain fully engaged.

Now, you or your friends are inoculated against Margarita Mind. Go… have a nice cold one!Susan Fogel is the broker/owner of PrestigePropertyGroupLaPaz.com, she is the author of “Margarita Mind—How to Avoid It: A Guide to Buying Mexico Real Estate Safely and Sanely”You may email Susan at: [email protected]

Continues from page 17

www.bajacitizen.com

We are headed to Palermo’s ladies!

Chef Alessandro Mancuso cordially invites you to the December edition of the La Paz Ladies Luncheon at Palermo’s, located on the Malecon between Morelos and Hidalgo. A traditional Christmas turkey dinner will be served. The luncheon will be held on December 20th, 2011 starting with the meet & greet at 12:15pm followed by the main event at 1:00pm.

Send in your reservations now to [email protected]. All are welcome. It is a great way to catch up with friends both new and old!

There will be a 50/50 draw for the Shelter for Women and Children. They are hoping to raise enough money to pay for the installation of the hot water boiler gifted by a friend. Also, please bring a gift for the women and children of the shelter. Details will be sent out with your reservation if you would like to participate.

See you on the 20th. It will be fun!

Manager Israel Perez and Chef Alessandro Mancuso

bring a gift!

Page 19: The Law of Aguinaldo

19 December 13th, 2011

to stimulate the country’s economic picture. During the holiday weekend of November 18th to 21st, Revolution Day, he released to federal employees 40% of their Aguinaldo and convinced manufacturers and retailers to offer discounts and incentives to shoppers. Naming the campaign El Buen Fin, or the great end [of the week and of the year] merchants were provided special signage and participation guidelines. A website was created, www.buenfin.org, to promote the movement.

On the grand scale, success was declared. Bancomer bank reported a 65% increase in credit purchases and other entities also reported percentage increases.

At the local level, a newspaper editorial columnist suggested that the campaign was poorly represented by local businesses, citing scant discounts on closeout merchandise, rather than the grand promises of incredible bargains. Other critics suggested that the featured products should have been limited to domestically produced items, rather than the vast number of plasma televisions that were purchased for their holiday joy value. And the question remains, now that only 60 percent of the Christmas bonus remains to be delivered, what will the rest of the year bring?

Contributing writer Les Carmona bakes artisan breads and pastries for his shop Pan D’Les bakery while assimilating to the pace of La Paz. The bakery is on Madero Street between Degollado and Ocampo, two short blocks from the Malecon.

This is a calendar of arts and cultural events in La Paz, México. Schedules can change, so if your heart is set on a particular event, best to double-check place and time. For more information, please head to the website www.rozinlapaz.com.

DEcEmBEr caLEnDEr

CoNTINUING

Until Dec. 24 (opens Dec. 10), art show: Deconstrucciones is the title of this exhibition of paintings by the talented young painter Gabriel Rodriguez at Centro Cultural La Paz, on 16 de Septiembre near the corner of Belisario Dominguez.

Until Dec. 31, art show: Danish artist Kirsten K. Kester has a show at the restaurant La Pazion de La Pazta, Allende 36 (in Hotel Mediterrane, a half block from the Malecón). This show reflects her experience of the beauty of Africa, where she has travelled and painted. For more information, visit www.kesters-kunst.dk or e-mail [email protected]

Until Dec. 31, student art show: A collective exhibition of student work is at Teatro Juárez, Belisario Domínguez between 16 de Septiembre and Independencia.

December, street market: The tianguis (street market) are open for business to Christmas shoppers at Jardín Velasco on Revolución between 5 de Mayo and Independencia and adjoining streets. Parking in that area can be scarce this time of year and traffic congested. Madero Street from 5 de Mayo to 16 de Septiembre is blocked to cars.

December, photography show: “The Image Makers” is the title of this exhibition of photographs by Gary Batha and Tom Ireton. The show, which opened Dec. 3, is in the upstairs gallery of The Bagel Shop Gallery, Belisario Dominguez 291 (between 5 de Mayo and Constitución, a block up from the

Malecón). Admission is free. No closing date for the show is listed.Permanent, exhibition of photography and video: The collective exhibition Hombre, Naturaleza y Cultura (man, nature and culture) in the CÓDEX Península salon of the Centro Cultural La Paz is a permanent photography show that highlights the special characteristics that make up the cultural identity of Baja California Sur. A video showcasing BCS complements the photographs. Photographers are Elizabeth Moreno Damm, Enrique Hambleton, Alejandro Rivas Sánchez, Carlos Navarro Serment, Carlos Aguilera Calderón, Miguel Ángel de la Cueva and Fernando Sánchez Bernal. Text is in English and Spanish. Admission is free.

tuesday, deC. 13

Fieldtrip to Centro Cultural La Paz: Se Habla La Paz language school sponsors this fieldtrip to the cultural centre on 16 de Septiembre for a fieldtrip on Las Posadas de México. For more information, call (612) 122-7763 or e-mail [email protected]

wednesday, deC. 14

Christmas recital for voice and piano: Loyda Vázquez (soprano) and Cruz de La Paz (pianist) perform at 20:00 in the Salón de usos múltiples at the Centro Cultural La Paz, 16 de Septiembre near Belisario Dominguez across from Sears. Admission is free.

tHuRsday, deC. 15

Christmas music festival: The Sala de Conciertos La Paz presents Festival Navideño, performances by soloists, ensembles and choral music from the Escuela de Música del Estado (the state music school). It starts at 7 p.m. at the Sala de Conciertos SCON, Morelos 1055 on the corner of Marcelo Rubio. Admission is 20 pesos.

Theatre: Curvas Peligrosas (dangerous curves), performed by Grupo Altaira and directed by Alfonso Álvarez

Bañuelos, starts at 7 p.m. in the patio of Centro Cultural La Paz. Admission is free.

FRiday, deC. 16

Pro Conciencia International Festival: Events in La Paz begin at 19:00 at the Centro Cultural La Paz, on 16 de Septiembre near Belisario Dominguez, across from Sears. Admission is free. Tonight’s program: 19:00, Brass concert by the state music school; 20:00, ethnic-world music by Jaya, Coyote & Macehual; 21:00 “Good Vibration” concert by the Starship Monkeys.

Gala Christmas festival: The poster describes Alegría del mundo (Joy to the World) as “the most important gala Christmas festival in the history of the city of La Paz.” Participating are Fernando de La Mora (Tenor), Olivia Gorra (Soprano) and Camerata de Las Américas Director is James Demster The performance begins at 19:30 at Teatro de La Ciudad. Admission is 100 pesos.

Jazz concert at Tonantzin: Seven Clouds to Heaven performs at 8:30 p.m. in the intimate setting of the courtyard of Galería Tonantzin on Constitución 320 between Revolución and Aquiles Serdán (a few doors down from the post office). For more information and for advance tickets, visit the gallery or phone 122 76 25 and cel. 612 154 86 25. Film night: The Dancer Upstairs, directed by John Malkovitch (2003), starts at 19:00 at Galería La Encantada, on Belisario Dominguez 1245 (between 5 de Mayo and Callejón Constitución). Admission is free. Tel: 1853469; web page www.galerialaencantada.com

satuRday, deC. 17

ExpoFest at Instituto Tecnologico de La Paz: The school is celebrating the semester’s end from 10 a.m. to noon with short presentations by its English and French students. There will be food, music, dance and lots of history and culture from 20 different

English- and French-speaking countries represented at the event. The school is hoping for good attendance from the La Paz foreign community so that students can demonstrate in English and French what they’ve learned to people who will understand them. The TEC (ITLP) is at Forjadores and Colosio: travel on Colosio away from the city toward the hills (on the highway to El Sargento) and make a right at the first stop sign onto La Paz Street. It’s a dirt road. Go to the end (one block) to enter the campus and make a left when you enter to go to the gym.

Christmas bazaar: The event is from 3 to 8 p.m. at the Casa de Cultura Municipal, the city’s cultural centre on Independencia 807 between Altamirano and Gómez Farías. For sale are works of art, crafts, books sweets, toys and more. For information, e-mail [email protected] or call Bernardo Valadez at 612-104-8352

Chamber music concert: The group Trío con Brío plays beautiful music with a sometimes surprising twist — Baroque, romantic and classical — in this free concert at 19:00 in the Salón de usos múltiples at the Centro Cultural La Paz, 16 de Septiembre near Belisario Dominguez across from Sears.

sunday, deC. 18

Family event: It starts at 19:00 at Parque Revolución, Félix Ortega and Nicolás Bravo, across the street from Chedraui.

wednesday, deC. 21

Symphony orchestra concert: The Sala de Conciertos La Paz presents the Orquesta Sinfónica de la Escuela de Música del Estado in concert under the direction of Luís Peláez García. The program includes works by Haydn, Chávez, Beethoven and Tchaikovsky. It starts at 19:00 at the Sala de Conciertos SCON, Morelos 1055 on the corner of Marcelo Rubio. Admission is 100 pesos.

Page 20: The Law of Aguinaldo

December 13th, 2011 20

pricing on bottles of wine. The bottle of wine you order for dinner is priced the same as if you bought the wine at La Cava del Patron. No mark-up!

So take out that special birthday gal or your partner in life and enjoy a beautiful and relaxed dining experience out at Mis Amores in their beautifully decorated, open air patio. A real treat.

sapori d’italia

The second place you need to check out, and my daughter Molly’s favorite, is Sapori d’Italia, located on Guillermo Prieto, between Reforma and I n d e p e n d e n c i a . Opened from 1:00 pm to 11:00 pm. Closed Mondays. Sapori d’Italia just opened their doors last week but they have already become a neighborhood favorite. Owners Salvador Yee and Rosa Elena de Yee and daughter Rox have found Pizzaiolo (pizza chef) Antonio La Monica and together, delicious pizza, pastas and salads and are being served at very reasonable prices.

What makes Sapori d’Italia’s pizzas and pastas so special is that they are using a highly refined and soft quality

brand of flour from Italy. Top that with their newly built wood burning, brick pizza oven, and you have a crust that is crispy and tender with a light and chewy texture.

Pick out any combination of toppings or try out one of Sapori’s 12 different combinations. Prices range from 99 pesos for a margherita pizza to 160 pesos with several toppings.

Their 14 inch pizzas can be baked in less than 3 minutes so so long to waiting 20 minutes for your pizza to bake. You can just grab a stool and watch Pizzailoa Antonio whip you up and pizza and bake it in just minutes. Indoor and patio dining also available.

Two New Family Restaurants Now Open For You to Check Out!

More people every year are seeking out vacation destinations that offer healthful amenities such as day spas, hot springs, yoga and massage. The Baja California Sur area has all of that and more with the healing practitioners and teachers of Todos Santos & Pescadero coming together to form the new Healing Arts Center.

The center is being called forth into reality by Jane Sipe, Licensed Acupuncturist. Jane has served the community with acupuncture and Chinese herbal treatments for 6 years, and is now enlisting practitioners of other modalities and disciplines to join her in offering a diverse and comprehensive set of treatment options as well as some fascinating classes. Those who have visited her office on Cerro La Poza will know exactly where to find the newly expanded clinic. If you haven’t been there, any of the teachers and practitioners can provide directions and a map.

The new Healing Arts Center of Todos Santos starts off this month offering the following: • Acupuncture & Traditional Chinese

Medicine Jane sipe, l. ac.: [email protected] www.n c c a o m d i p l o m a t e s . c o m /

TBC

Dining out has been fun lately. New restaurants always seem to be opening up this time of year and I love checking them out and seeing what new offerings can be enjoyed in La Paz.

Last week my family and I were invited to the grand opening of two very different but equally delightful restaurants; one featuring Italian cuisine and the other; 100% Mexican!

mis amores Wine & Steak House

First off is the restaurant Mis Amores Wine & Steak House, on Marquez de Leon, between Aquiles Serdan and Guillermo Prieto. Opened for breakfast, lunch and dinner, 8:00 am to 10:30 pm, daily.

Mis Amores comes to us from the owners of La Cava del Patron, Andres and Mirza Peñaranda and their son, the writer of the Sudcaliforniano Wine Club that is featured in this paper, Andres Jr. Mis Amores Wine & Steak

House is located right next door to their wine store.

Mis Amores, with the help of Chef Aaron Beltran, will be featuring fine Mexican cuisine, including ceviches and tostadas for lighter fair and rib-eyes and pork ribs for main dishes.

Desserts include crème brule and sweet tamales with banana.

Breakfasts, which include gourmet tamales, chimichanges (delicious) or gorditas with your choice of toppings start at 50 pesos. Ceviches and Tosadas start at 60 pesos, Rib-eyes - 3oo pesos.But what really sets them apart from other restaurants in La Paz is their

One of the many beautiful dishes at Mis Amores

Mis Amores on Marquez de Leon, next door to La Cava del Patron

Pizzaiolo Anthony

Yee de la Toba family and friends

Page 21: The Law of Aguinaldo

21 December 13th, 2011

brand of flour from Italy. Top that with their newly built wood burning, brick pizza oven, and you have a crust that is crispy and tender with a light and chewy texture.

Pick out any combination of toppings or try out one of Sapori’s 12 different combinations. Prices range from 99 pesos for a margherita pizza to 160 pesos with several toppings.

Their 14 inch pizzas can be baked in less than 3 minutes so so long to waiting 20 minutes for your pizza to bake. You can just grab a stool and watch Pizzailoa Antonio whip you up and pizza and bake it in just minutes. Indoor and patio dining also available.

Healing Arts Center of Todos SantosCentro de Terapias Alternativas

More people every year are seeking out vacation destinations that offer healthful amenities such as day spas, hot springs, yoga and massage. The Baja California Sur area has all of that and more with the healing practitioners and teachers of Todos Santos & Pescadero coming together to form the new Healing Arts Center.

The center is being called forth into reality by Jane Sipe, Licensed Acupuncturist. Jane has served the community with acupuncture and Chinese herbal treatments for 6 years, and is now enlisting practitioners of other modalities and disciplines to join her in offering a diverse and comprehensive set of treatment options as well as some fascinating classes. Those who have visited her office on Cerro La Poza will know exactly where to find the newly expanded clinic. If you haven’t been there, any of the teachers and practitioners can provide directions and a map.

The new Healing Arts Center of Todos Santos starts off this month offering the following: • Acupuncture & Traditional Chinese

Medicine Jane sipe, l. ac.: [email protected] www.n c c a o m d i p l o m a t e s . c o m /

janesipe 612-151-7026 and Barbara elsner [email protected]

• T’ai Chi & Qi Gong Classes Rhoda Jacobs: [email protected] 612-157-6088

• Reiki Treatments & Chakra balancing allison eaton: [email protected] www.allisoneaton.com 612-152-3896

• Massage odile “deedee” muller: [email protected] 612-119-4158 and Kurtis Parsons: [email protected] 612-169-2095

• Healing with Acutonics (Sound Healing) lynn wedekind: [email protected]

• Kinan (Ancient form of Mayan-Toltec Yoga) daniel Camargo: [email protected] www.ancestralmessenger.com

• Transformational breathwork, Yoga, & biomagnetism genevieve laquerre: [email protected] or www.mahalayavida.com

• Counseling & Psychotherapy (Individuals & Couples) shawna owen: [email protected] 612-151-7728

• Feldenkrais dinah Hornung: [email protected] 612-136-9075

Some of these teachers and practitioners are full time residents of Todos Santos and will be here throughout the season, if not the whole year. There are others who are here for a shorter time. Be sure to take advantage of their services right away so you don’t miss out. Also, watch for who and what kind of support will

come in next. There will be an ever-changing flow of resources available as we go along.

Visitors and residents alike are encouraged to contact any of the teachers and practitioners with their questions about: particular health challenges, the treatments and classes that are offered, and for scheduling sessions.

Let’s put Todos Santos on the map for health and healing, right along with our incredible artists and surfing!

PrestigePropertyGroupLaPaz.comBeach Community Homes

& Land For Sale

SOLD! Beachfront home 2 bed 3 bath &casita $599,000Beachfront 3 bed 2 bath, casita w/income $599,000Near beach 3 bed 3 bath, office, $400,000Private 2 bed 2 bath patio bar, heated pool $325,000Gated view homes new, built for you $200-350kBeachview 2 bed 2 bath 2 car garage extras $218,000Beach view 2 bed 2 bath Jacuzzi tub $218,00015 View lots owner financing $30-55k

Ofc: 612 125 1894 Cell: 612 141 [email protected]

All properties listed on MLS

Page 22: The Law of Aguinaldo

December 13th, 2011 22

Jacques-Edouard Beaulne

Many foreigners who immigrate to a different country rely on other compatriots to find out what is what and most of the time, ready to help locker room lawyers do the same thus, perpetual misinformation is given. In Mexico, a document sent by fax or e-mail is NOT a valid document as the only recognized document by law is the ORIGINAL or a certified copy. This is extremely important when one is doing CLOSINGS on a real estate property since every document from the time of when the closing process begins to the time the final document “Fideicomiso Traslativo de Dominio” (FTD contract) or “Escritura” (Writing) is signed in front of the “Notario Publico” (Contract lawyer), is part of the chain of events and can be used in litigation. In other words, a promise of sale and purchase, addendum(s), certificates of no leans and/or water debt and/or no debt of property taxes and “Evaluo” or appraisals, must be presented as originals and not as fax transmitted or e-mail attachment documents. Because people live in different countries, some contracts are signed in different countries and on different dates; when this is the case one must follow the rules where one signs so as to validate his signature.For example, a buyer and seller in different countries with a contract which originates in Mexico: The contract which is signed in Mexico must be signed IN FRONT of two witnesses who are NOT part of the deal, who are NOT members of the family(ies) or working for the Real Estate broker

CULTURAL PRESENTATIONS AT SE HABLA…LA PAZ

Se Habla La Paz invites you to their Tuesday afternoon cultural presentations in easy to understand Spanish. The following topics will be covered:

Jan 3 Día de reyes magosJan 10 Calendario Azteca at the Anthropology Museum, 5 de mayo & AltamiranoJan 17 El ChocolateJan 24 Fechas importantes para los MexicanosJan 31 Estado: Coahuila

All of the presentations start at 1:15 and last 45-60 minutes. The presentations are given in simple Spanish and there are handouts for each presentation available. Unless stated, all presentations are in La Biblioteca of the school:Francisco I. Madero #540 between Guerrero y RepublicaFor questions or more information, the office phone is 122-7763, email [email protected] or SKYPE julidelapaz.

Page 23: The Law of Aguinaldo

23 December 13th, 2011

For Rent Residence in Comitan beach front community for rent. 1 large bedroom, 3 baths with large outdoor living space including pool, palapa, bbq, bar and jacuzzi. Pool maintenance and gardener provided.Call 612 140 2871 or Email [email protected] for details.

VALIDITY OF DOCUMENTS IN MEXICO

Jacques-Edouard Beaulne

Many foreigners who immigrate to a different country rely on other compatriots to find out what is what and most of the time, ready to help locker room lawyers do the same thus, perpetual misinformation is given. In Mexico, a document sent by fax or e-mail is NOT a valid document as the only recognized document by law is the ORIGINAL or a certified copy. This is extremely important when one is doing CLOSINGS on a real estate property since every document from the time of when the closing process begins to the time the final document “Fideicomiso Traslativo de Dominio” (FTD contract) or “Escritura” (Writing) is signed in front of the “Notario Publico” (Contract lawyer), is part of the chain of events and can be used in litigation. In other words, a promise of sale and purchase, addendum(s), certificates of no leans and/or water debt and/or no debt of property taxes and “Evaluo” or appraisals, must be presented as originals and not as fax transmitted or e-mail attachment documents. Because people live in different countries, some contracts are signed in different countries and on different dates; when this is the case one must follow the rules where one signs so as to validate his signature.For example, a buyer and seller in different countries with a contract which originates in Mexico: The contract which is signed in Mexico must be signed IN FRONT of two witnesses who are NOT part of the deal, who are NOT members of the family(ies) or working for the Real Estate broker

or agent. In the USA or Canada, the person(s) who signs the contract must sign in front an authority who will recognize the signature(s), in the USA and in Canada, except Quebec, one must sign in front of a notary who will appose his seal and note, in Quebec the person who does this is called “Commisaire à l’asermentation”. Once this is done, the document has to be legalized before returning to Mexico.

The proper steps for a document which originates in Mexico are: a)After signature(s) are received one must obtain an “Apostille” from the State government. B)In the event that the document is sent to the United States of America: Signature is done as said in the previous paragraph and then must be presented to the nearest State Department to receive an “Apostille”. c)If the document is sent to Canada, once signed, it must be declared legal in Mexico thus the document must be presented to the nearest Mexican Consulate to receive a seal. D)In the event that the document is not in Spanish, one must have the document plus the “Apostille” or seal translated by an official translator (recognized by Superior Tribunal in Mexico or Government in Canada or USA ) in Spanish.

When a document originates in a foreign country, the procedure is the same. Signatures are done as per the local law and presented to either State Dept. or Consulate and translated in Spanish by an official translator. For any comments or questions on this or any other legal matter, send an e-mail to [email protected].

Page 24: The Law of Aguinaldo

December 13th, 2011 24


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