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  • Autoridades Preocupadas Por Usurpación de Tierras TVN Noticias Sept 4

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    Panama Tierra Robada
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    Property Theft in Panama By Pablo Guzman Reyes, Panama Tierra Robada The idea that somebody would steal your property seems an inconceivable notion. However, in Panama it can and does happen more often than anyone outside of Panama would expect. I will point out how it happens and what you can do to minimize your risk should you consider investing in Panama. In Panama all title to property is centralized and recorded in the Property Section of the National Registry of Panama. The Mission Statement of the National Registry is “to protect recorded rights offering legal security”. Every properly owner places their trust in the National Registry to ensure that property titles are safe and secure. In order to file a property transfer in the National Registry the general public must rely on the services of a Panamanian licensed Notary Public. In Panama all Notaries serve as a political appointment under the current presidential administration. Both the National Property Registry and Panamanian Notary Public are under the umbrella of the Panamanian Ministry of Justice. This structure should make us all feel nice and cozy. After all it is the Ministry of Justice which is overseeing the security of our most valued possession, our property. However, making that assumption could be a costly mistake. I was recently asked to assist a client who had discovered that a property that was recorded in the National Registry and which they had owned for twenty five years was sold out from under them. In the past I had read about isolated cases of property theft in Panama but never really imagined the magnitude of the problem until I began to research it further in 2006. I talked to other victims of property theft and a specific pattern used by property theft gangs began to emerge. In most of the cases there is complicity from officials in the National Registry and the Notary Public that drafts the property transfer deed or both. Beginning in the 1990’s and continuing until today, there have been thousands of property thefts, some, like the murder of the Governor of Cocle province, Dario Fernandez captured national headlines for over a year until the group was convicted of land theft and murder. Unfortunately, most of these cases are not reported in the media because there is a sense that if the media reports this type of crime, foreigners will not invest. It is primarily the foreigners and the elderly and the poor that are targets of this type of crime. Even in those cases where there is no direct involvement of government officials there is negligence on the part of the National Registry system in perpetuating the problem due to their inability to act promptly. If a property owner is the victim of a property theft his recourse is to file a criminal complaint against the individuals that perpetrated the fraudulent deed, to file a report with the National Registry and if successful in a criminal case, to file a civil case to recover the property. However these cases in Panama take years to work themselves through the judicial system and judges are easily bribed to throw out cases. It is not unusual for these cases to take five to seven years to resolve. As such, the property owner is victimized first by the criminals that stole the property and then a second time by the inability of the judicial system to promptly and efficiently revert the criminal acts and return the property to the rightful owner. To complicate things, the laws in Panama state that if an innocent third party relies on a record in the public registry, they can not be harmed. This means that the property owner who has lost his property to land thieves can generally not recover his land if it has been sold to someone who claims that they did not know that the property in question was stolen. Therefore, the pattern typically used by the gangs that steal land is to forge documents with the aid of a corrupt notary and usually someone inside of the National

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    Property Theft in Panama By Pablo Guzman Reyes, Panama Tierra Robada The idea that somebody would steal your property seems an inconceivable notion. However, in Panama it can and does happen more often than anyone outside of Panama would expect. I will point out how it happens and what you can do to minimize your risk should you consider investing in Panama. In Panama all title to property is centralized and recorded in the Property Section of the National Registry of Panama. The Mission Statement of the National Registry is “to protect recorded rights offering legal security”. Every properly owner places their trust in the National Registry to ensure that property titles are safe and secure. In order to file a property transfer in the National Registry the general public must rely on the services of a Panamanian licensed Notary Public. In Panama all Notaries serve as a political appointment under the current presidential administration. Both the National Property Registry and Panamanian Notary Public are under the umbrella of the Panamanian Ministry of Justice. This structure should make us all feel nice and cozy. After all it is the Ministry of Justice which is overseeing the security of our most valued possession, our property. However, making that assumption could be a costly mistake. I was recently asked to assist a client who had discovered that a property that was recorded in the National Registry and which they had owned for twenty five years was sold out from under them. In the past I had read about isolated cases of property theft in Panama but never really imagined the magnitude of the problem until I began to research it further in 2006. I talked to other victims of property theft and a specific pattern used by property theft gangs began to emerge. In most of the cases there is complicity from officials in the National Registry and the Notary Public that drafts the property transfer deed or both. Beginning in the 1990’s and continuing until today, there have been thousands of property thefts, some, like the murder of the Governor of Cocle province, Dario Fernandez captured national headlines for over a year until the group was convicted of land theft and murder. Unfortunately, most of these cases are not reported in the media because there is a sense that if the media reports this type of crime, foreigners will not invest. It is primarily the foreigners and the elderly and the poor that are targets of this type of crime. Even in those cases where there is no direct involvement of government officials there is negligence on the part of the National Registry system in perpetuating the problem due to their inability to act promptly. If a property owner is the victim of a property theft his recourse is to file a criminal complaint against the individuals that perpetrated the fraudulent deed, to file a report with the National Registry and if successful in a criminal case, to file a civil case to recover the property. However these cases in Panama take years to work themselves through the judicial system and judges are easily bribed to throw out cases. It is not unusual for these cases to take five to seven years to resolve. As such, the property owner is victimized first by the criminals that stole the property and then a second time by the inability of the judicial system to promptly and efficiently revert the criminal acts and return the property to the rightful owner. To complicate things, the laws in Panama state that if an innocent third party relies on a record in the public registry, they can not be harmed. This means that the property owner who has lost his property to land thieves can generally not recover his land if it has been sold to someone who claims that they did not know that the property in question was stolen. Therefore, the pattern typically used by the gangs that steal land is to forge documents with the aid of a corrupt notary and usually someone inside of the National

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    Autoridades Preocupadas Por Usurpación de Tierras TVN Noticias Sept 4

    Caricato da

    Panama Tierra Robada
    Property Theft in Panama By Pablo Guzman Reyes, Panama Tierra Robada The idea that somebody would steal your property seems an inconceivable notion. However, in Panama it can and does happen more often than anyone outside of Panama would expect. I will point out how it happens and what you can do to minimize your risk should you consider investing in Panama. In Panama all title to property is centralized and recorded in the Property Section of the National Registry of Panama. The Mission Statement of the National Registry is “to protect recorded rights offering legal security”. Every properly owner places their trust in the National Registry to ensure that property titles are safe and secure. In order to file a property transfer in the National Registry the general public must rely on the services of a Panamanian licensed Notary Public. In Panama all Notaries serve as a political appointment under the current presidential administration. Both the National Property Registry and Panamanian Notary Public are under the umbrella of the Panamanian Ministry of Justice. This structure should make us all feel nice and cozy. After all it is the Ministry of Justice which is overseeing the security of our most valued possession, our property. However, making that assumption could be a costly mistake. I was recently asked to assist a client who had discovered that a property that was recorded in the National Registry and which they had owned for twenty five years was sold out from under them. In the past I had read about isolated cases of property theft in Panama but never really imagined the magnitude of the problem until I began to research it further in 2006. I talked to other victims of property theft and a specific pattern used by property theft gangs began to emerge. In most of the cases there is complicity from officials in the National Registry and the Notary Public that drafts the property transfer deed or both. Beginning in the 1990’s and continuing until today, there have been thousands of property thefts, some, like the murder of the Governor of Cocle province, Dario Fernandez captured national headlines for over a year until the group was convicted of land theft and murder. Unfortunately, most of these cases are not reported in the media because there is a sense that if the media reports this type of crime, foreigners will not invest. It is primarily the foreigners and the elderly and the poor that are targets of this type of crime. Even in those cases where there is no direct involvement of government officials there is negligence on the part of the National Registry system in perpetuating the problem due to their inability to act promptly. If a property owner is the victim of a property theft his recourse is to file a criminal complaint against the individuals that perpetrated the fraudulent deed, to file a report with the National Registry and if successful in a criminal case, to file a civil case to recover the property. However these cases in Panama take years to work themselves through the judicial system and judges are easily bribed to throw out cases. It is not unusual for these cases to take five to seven years to resolve. As such, the property owner is victimized first by the criminals that stole the property and then a second time by the inability of the judicial system to promptly and efficiently revert the criminal acts and return the property to the rightful owner. To complicate things, the laws in Panama state that if an innocent third party relies on a record in the public registry, they can not be harmed. This means that the property owner who has lost his property to land thieves can generally not recover his land if it has been sold to someone who claims that they did not know that the property in question was stolen. Therefore, the pattern typically used by the gangs that steal land is to forge documents with the aid of a corrupt notary and usually someone inside of the National

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    TVN Noticias pudo acceder a un informe de investigacin que menciona ms de diez casos de usurpacin de tierras en la provincia de Panam y en el interior. El modus operandi inclua ventas fraudulentas entre personas fallecidas y el traspaso sucesivo de las fincas. Los casos son investigados por el Ministerio Pblico. Las autoridades reconocen que existen debilidades en el sistema registral y notarial que permite que los delincuentes se apoderen de propiedades sin que los dueos ni siquiera se percaten. Abogados dicen que el ttulo de propiedad ya no es una garanta y los notarios piden que les aporten nuevas herramientas para evitar los fraudes. La procuradora Ana Belfon inform que se asignar un fiscal delegado para que investigue los casos de usurpacin de bienes. Dicho fiscal trabajar directamente con el Registro Pblico.
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